---
kind: "range"
citation: "5 U.S.C. §§ 5704–5708"
title: "5"
from: "5704"
to: "5708"
count: 9
release: "119-102"
url: "https://uscodex.org/usc/5/5704..5708"
---

# §5704. Mileage and related allowances

- (a)
  - (1) Under regulations prescribed under [section 5707 of this title](/usc/5/5707.md), an [employee](/usc/5/5701.md?p=2) who is engaged on official business for the [Government](/usc/5/5701.md?p=5) is entitled to a rate per mile established by the Administrator of General [Services](/usc/5/8331.md?p=12), instead of the actual expenses of transportation, for the use of a privately owned automobile when that mode of transportation is authorized or approved as more advantageous to the [Government](/usc/5/5701.md?p=5). In any year in which the Internal Revenue [Service](/usc/5/8331.md?p=12) establishes a single standard mileage rate for optional use by taxpayers in computing the deductible costs of operating their automobiles for business purposes, the rate per mile shall be the single standard mileage rate established by the Internal Revenue [Service](/usc/5/8331.md?p=12).
  - (2) Under regulations prescribed under [section 5707 of this title](/usc/5/5707.md), an [employee](/usc/5/5701.md?p=2) who is engaged on official business for the [Government](/usc/5/5701.md?p=5) is entitled to a rate per mile established by the Administrator of General [Services](/usc/5/8331.md?p=12), instead of the actual expenses of transportation, for the use of a privately owned airplane or a privately owned motorcycle when that mode of transportation is authorized or approved as more advantageous to the [Government](/usc/5/5701.md?p=5).
- (b) A determination that travel by a privately owned vehicle is more advantageous to the [Government](/usc/5/5701.md?p=5) is not required under [subsection (a)](#a) of this section when payment on a mileage basis is limited to the cost of travel by common carrier including per diem.
- (c) Notwithstanding the provisions of subsections [(a)](#a) and [(b)](#b) of this section, in any case in which an [employee](/usc/5/5701.md?p=2) who is engaged on official business for the [Government](/usc/5/5701.md?p=5) chooses to use a privately owned vehicle in lieu of a [Government](/usc/5/5701.md?p=5) vehicle, payment on a mileage basis is limited to the cost of travel by a [Government](/usc/5/5701.md?p=5) vehicle.
- (d) In addition to the rate per mile authorized under [subsection (a)](#a) of this section, the [employee](/usc/5/5701.md?p=2) may be reimbursed for—
  - (1) parking fees;
  - (2) ferry fees;
  - (3) bridge, road, and tunnel costs; and
  - (4) airplane landing and tie-down fees.

# §5705. Advancements and deductions


An [agency](/usc/5/5701.md?p=1) may advance, through the proper disbursing official, to an [employee](/usc/5/5701.md?p=2) entitled to per diem or mileage allowances under this subchapter, a sum considered advisable with regard to the character and probable duration of the travel to be performed. A sum advanced and not used for allowable travel expenses is recoverable from the [employee](/usc/5/5701.md?p=2) or his estate by—

- (1) setoff against accrued pay, retirement credit, or other amount due the [employee](/usc/5/5701.md?p=2);
- (2) deduction from an amount due from the United States; and
- (3) such other method as is provided by law.

# §5706. Allowable travel expenses


Except as otherwise permitted by this subchapter or by statutes relating to [members](/usc/5/5531.md?p=1) of the [uniformed services](/usc/5/2101.md?p=3), only actual and necessary travel expenses may be allowed to an individual holding employment or appointment under the United States.


# §5706a. Subsistence and travel expenses for threatened law enforcement personnel

- (a) Under regulations prescribed pursuant to [section 5707 of this title](/usc/5/5707.md), when the life of an [employee](/usc/5/5701.md?p=2) who serves in a law enforcement, investigative, or similar capacity, or [members](/usc/5/5531.md?p=1) of such [employee](/usc/5/5701.md?p=2)’s immediate family, is threatened as a result of the [employee](/usc/5/5701.md?p=2)’s assigned duties, the head of the [agency](/usc/5/5701.md?p=1) concerned may approve appropriate [subsistence](/usc/5/5701.md?p=3) payments for the [employee](/usc/5/5701.md?p=2) or [members](/usc/5/5531.md?p=1) of the [employee](/usc/5/5701.md?p=2)’s family (or both) while occupying temporary living accommodations at or away from the [employee](/usc/5/5701.md?p=2)’s designated post of duty.
- (b) When a situation described in [subsection (a)](#a) of this section requires the [employee](/usc/5/5701.md?p=2) or [members](/usc/5/5531.md?p=1) of the [employee](/usc/5/5701.md?p=2)’s family (or both) to be temporarily relocated away from the [employee](/usc/5/5701.md?p=2)’s designated post of duty, the head of the [agency](/usc/5/5701.md?p=1) concerned may approve transportation expenses to and from such alternate location.

# §5706b. Interview expenses


An individual being considered for employment by an [agency](/usc/5/5701.md?p=1) may be paid travel or transportation expenses under this subchapter for travel to and from pre-employment interviews determined necessary by the [agency](/usc/5/5701.md?p=1).


# §5706c. Reimbursement for taxes incurred on money received for travel expenses

- (a) Under regulations prescribed pursuant to [section 5707 of this title](/usc/5/5707.md), the head of an [agency](/usc/5/5701.md?p=1) or department, or his or her designee, may use appropriations or other funds available to the [agency](/usc/5/5701.md?p=1) for administrative expenses, for the reimbursement of Federal, State, and local income taxes incurred by an [employee](/usc/5/5701.md?p=2) of the [agency](/usc/5/5701.md?p=1) or by an [employee](/usc/5/5701.md?p=2) and such [employee](/usc/5/5701.md?p=2)’s spouse (if filing jointly), for any travel or transportation reimbursement made to an [employee](/usc/5/5701.md?p=2) for which reimbursement or an allowance is provided.
- (b) Reimbursements under this section shall include an amount equal to all income taxes for which the [employee](/usc/5/5701.md?p=2) and spouse, as the case may be, would be liable due to the reimbursement for the taxes referred to in [subsection (a)](#a). In addition, reimbursements under this section shall include penalties and interest, for the tax years 1993 and 1994 only, as a result of [agencies](/usc/5/5701.md?p=1) failing to withhold the appropriate amounts for tax liabilities of [employees](/usc/5/5701.md?p=2) affected by the change in the deductibility of travel expenses made by Public Law 102–486.

# §5707. Regulations and reports

- (a)
  - (1) The Administrator of General [Services](/usc/5/8331.md?p=12) shall prescribe regulations necessary for the administration of this subchapter, except that the Director of the Administrative Office of the United States Courts shall prescribe such regulations with respect to official travel by [employees](/usc/5/5701.md?p=2) of the judicial branch of the [Government](/usc/5/5701.md?p=5).
  - (2) Regulations promulgated to implement section [5702](/usc/5/5702.md) or [5706a](/usc/5/5706a.md) of this title shall be transmitted to the appropriate committees of the Congress and shall not take effect until 30 days after such transmittal.
- (b) The Administrator of General [Services](/usc/5/8331.md?p=12) shall prescribe the mileage reimbursement rates for use on official business of privately owned airplanes, privately owned automobiles, and privately owned motorcycles while engaged on official business as provided for in [section 5704 of this title](/usc/5/5704.md) as follows:
  - (1)
    - (A) The Administrator of General [Services](/usc/5/8331.md?p=12) shall conduct periodic investigations of the cost of travel and the operation of privately owned airplanes and privately owned motorcycles by [employees](/usc/5/5701.md?p=2) while engaged on official business, and shall report the results of such investigations to Congress at least once a year.
    - (B) In conducting the periodic investigations, the Administrator shall review and analyze among other factors—
      - (i) depreciation of original vehicle cost;
      - (ii) gasoline and oil (excluding taxes);
      - (iii) maintenance, accessories, parts, and tires;
      - (iv) insurance; and
      - (v) State and Federal taxes.
  - (2)
    - (A) The Administrator shall issue regulations under this section which—
      - (i) shall provide that the mileage reimbursement rate for privately owned automobiles, as provided in [section 5704(a)(1)](/usc/5/5704.md?p=a-1), is the single standard mileage rate established by the Internal Revenue [Service](/usc/5/8331.md?p=12) referred to in that section, and
      - (ii) shall prescribe mileage reimbursement rates which reflect the current costs as determined by the Administrator of operating privately owned airplanes and motorcycles.
    - (B) At least once each year after the issuance of the regulations described in subparagraph (A) of this paragraph, the Administrator shall determine, based upon the results of the cost investigation, specific figures, each rounded to the nearest half cent, of the average, actual cost per mile during the period for the use of a privately owned airplane, automobile, and motorcycle.
    - (C) The Administrator shall report the specific figures to Congress not later than five working days after the Administrator makes the cost determination. Each such report shall be printed in the Federal Register.
    - (D) The mileage reimbursement rates contained in the regulations prescribed under this section shall be adjusted within thirty days following the submission of the report under subparagraph (C) of this paragraph.
- (c)
  - (1) Not later than November 30 of each year, the head of each [agency](/usc/5/5701.md?p=1) shall submit to the Administrator of General [Services](/usc/5/8331.md?p=12), in a format prescribed by the Administrator and approved by the Director of the Office of Management and Budget—
    - (A) data on total [agency](/usc/5/5701.md?p=1) payments for such items as travel and transportation of people, average costs and durations of trips, and purposes of official travel;
    - (B) data on estimated total [agency](/usc/5/5701.md?p=1) payments for [employee](/usc/5/5701.md?p=2) relocation; and
    - (C) an analysis of the total costs of transportation [service](/usc/5/8331.md?p=12) by type, and the total number of trips utilizing each transportation type for purposes of official travel.
  - (2) The Administrator of General [Services](/usc/5/8331.md?p=12) shall make the data submitted pursuant to [paragraph (1)](#c-1) publicly available upon receipt.
  - (3) Not later than January 31 of each year, the Administrator of General [Services](/usc/5/8331.md?p=12) shall submit to the Director of the Office of Management and Budget, the Committee on Oversight and [Government](/usc/5/5701.md?p=5) Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate—
    - (A) an analysis of the data submitted pursuant to [paragraph (1)](#c-1) for the [agencies](/usc/5/5701.md?p=1) listed in [section 901(b) of title 31](/usc/31/901.md?p=b) and a survey of such data for each other [agency](/usc/5/5701.md?p=1); and
    - (B) a description of any new regulations promulgated or changes to existing regulations authorized under this section.

# §5707a. Adherence to fire safety guidelines in establishing rates and discounts for lodging expenses

- (a)
  - (1) For the purpose of making payments under this chapter for lodging expenses incurred in a [State](#f-3), each [agency](#f-1) shall ensure that not less than 90 percent of the commercial-lodging room nights for [employees](/usc/5/5701.md?p=2) of that [agency](#f-1) for a fiscal year are booked in [approved places of public accommodation](#f-2).
  - (2) Each [agency](#f-1) shall establish explicit procedures to satisfy the percentage requirement of [paragraph (1)](#a-1).
  - (3) An [agency](#f-1) shall be considered to be in compliance with the percentage requirement of [paragraph (1)](#a-1) until September 30, 2002, and after that date if travel arrangements of the [agency](#f-1), whether made for civilian [employees](/usc/5/5701.md?p=2), [members](/usc/5/5531.md?p=1) of the [uniformed services](/usc/5/2101.md?p=3), or foreign [service](/usc/5/8331.md?p=12) personnel, are made through travel management processes designed to book commercial lodging in [approved places of public accommodation](#f-2), whenever available.
- (b) Studies or surveys conducted for the purposes of establishing per diem rates for lodging expenses under this chapter shall be limited to [approved places of public accommodation](#f-2). The provisions of this subsection shall not apply with respect to studies and surveys that are conducted in any jurisdiction that is not a [State](#f-3).
- (c) The Administrator of General [Services](/usc/5/8331.md?p=12) may not include in any directory which lists lodging accommodations any hotel, motel, or other place of public accommodation that is not an approved place of public accommodation.
- (d) The Administrator of General [Services](/usc/5/8331.md?p=12) shall include in each directory which lists lodging accommodations a description of the access and safety devices, including appropriate emergency alerting devices, which each listed place of public accommodation provides for guests who are hearing-impaired or visually or physically handicapped.
- (e) The Administrator of General [Services](/usc/5/8331.md?p=12) may take any additional actions the Administrator determines appropriate to facilitate the ability of [employees](/usc/5/5701.md?p=2) traveling on official business to stay at [approved places of public accommodation](#f-2).
- (f) For purposes of this section:
  - (1) The term “agency” does not include the [government](/usc/5/5701.md?p=5) of the District of Columbia.
  - (2) The term “approved places of public accommodation” means hotels, motels, and other places of public accommodation that are listed by the Administrator of the Federal Emergency Management [Agency](#f-1) as meeting the requirements of the fire prevention and control guidelines described in section 29 of the Federal Fire Prevention and Control Act of 1974 ([15 U.S.C. 2225](/usc/15/2225.md)).
  - (3) The term “State” means any State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, the Virgin Islands, Guam, American Samoa, or any other territory or possession of the United States.

# §5708. Effect on other statutes


This subchapter does not modify or repeal—

- (1) any statute providing for the traveling expenses of the President;
- (2) any statute providing for mileage allowances for [Members](/usc/5/5531.md?p=1) of Congress;
- (3) any statute fixing or permitting rates higher than the maximum rates established under this subchapter; or
- (4) any appropriation statute item for examination of estimates in the field.