14 FAM 580
PERFORMING TRAVEL
(CT:LOG-376; 05-30-2023)
(Office of Origin: A/LM)
14 FAM 581 GENERAL POLICIES
14 FAM 581.1 Travel within Workweek
(CT:LOG-376; 05-30-2023)
5 U.S.C. 6101(b)(2) establishes the U.S. Government-wide policy that, to the maximum extent practicable, the head of an agency should schedule the time an employee spends in official travel status within the employee's regularly scheduled workweek.
14 FAM 581.2 Routing
(CT:LOG-376; 05-30-2023)
a. Travel on official business must be by the method of transportation that will result in the greatest advantage to the U.S. Government, considering cost and other factors. In selecting a particular method of transportation to use, consider energy conservation and to the total cost to the U.S. Government.
b. Travel by common carrier (air, rail, or bus) generally results in the most efficient use of energy resources and in the least costly and most expeditious performance of travel. Therefore, this method must be used whenever reasonably available. Other methods of transportation may be authorized as advantageous only when the use of common carrier transportation would seriously interfere with the performance of official business, impose an undue hardship upon the traveler, or cost more than another method of transportation. The determination that another method would be more advantageous to the U.S. Government than common carrier transportation must not be based on personal preference or minor inconvenience to the traveler resulting from common carrier scheduling.
c. Selecting the most advantageous method of common carrier transportation:
(1) Contract air service: The use of discount fares offered by contract air carriers between certain cities (city-pairs) is considered advantageous to the U.S. Government (14 FAM 543, paragraph a);
(2) Rail or bus service: Rail or bus service may be used when advantageous to the U.S. Government (cost, energy and other factors considered) and when compatible with the requirements of the official travel. The use of contract or other discount fares offered to the U.S. Government by rail or bus carriers between selected cities (city-pairs) is considered advantageous. Whenever these discount fares are offered and the accompanying service will fulfill mission requirements, they should be used to the maximum extent possible;
(3) Surface transportation or a combination of air and surface is authorized, subject to the provisions of 14 FAM 581.4 and 14 FAM 581.3;
(4) Use of vessel (watercraft) transportation is authorized when the use of air transportation by the traveler would be detrimental to the traveler's health or well-being (14 FAM 582.2-3);
(5) Alternatively, travel by vessel may be permitted, provided travel expenses (including per diem, incidental expenses, fare, and travel time) are limited to those which would accrue by authorized air travel. Leave is charged for excess travel time;
(6) Ferry travel is authorized when expedient and necessary to the mission; and
(7) Travel by privately owned vehicle is governed by 14 FAM 566.
14 FAM 581.3 Using U.S.- and Foreign-Flag Vessels
(CT:LOG-376; 05-30-2023)
In accordance with the Merchant Marine Act of 1936, all travel and transportation of effects must be on vessels registered under the laws of the United States where such vessels are available unless the necessity of the mission requires the use of vessels under a foreign flag. Exceptions to the use of U.S.-flag vessels are provided in 14 FAM 582.2.
NOTE: Although Executive Order 11223 dated May 12, 1965, exempts USAID from section 901 of the Merchant Marine Act of 1936, this exemption must not be exercised by USAID in connection with this regulation.
14 FAM 581.4 Using U.S.-Flag Air Carriers
(CT:LOG-376; 05-30-2023)
a. The Fly America Act, 49 U.S.C. 40118, establishes as a legal requirement that all U.S. Government-financed air travel be performed on U.S.-flag air carriers unless such travel by foreign air carrier is a matter of necessity as defined in 14 FAM 583.2 or when U.S.-flag carrier air service is not available within the guidelines of 14 FAM 583.1. The relevant Comptroller General Guidelines for implementing this Act are found in B-138942, March 31, 1981 (14 FAM 583.7 for travel between two points abroad).
b. A code-share flight is one in which a U.S. carrier has been approved by the Department of Transportation (DOT) to fly between two points, and the U.S. carrier has chosen to lease seats from a foreign carrier rather than put its own airplane on the route. Code-share flights in most cases qualify as available U.S.-flag air carrier service (see 14 FAM 583.9 for more information).
c. In the case of travel between two points abroad, Section 706 of the Foreign Relations Authorization Act, Fiscal Year 1979 (Public Law 95-426, 92 Stat. 992), provides that notwithstanding Section 1117 of the Fly America Act (49 U.S.C. 40118), U.S. Government-financed air travel by officers and employees of State, USAID, their eligible family members, and accompanying baggage may be performed on foreign-flag air carriers between two places, both of which are outside the United States.
NOTE: The provision under paragraph c of this section does not apply to employees of the Department of Commerce and their eligible family members and accompanying baggage.
14 FAM 581.5 Authorities
(CT:LOG-376; 05-30-2023)
In addition to the authorities listed in 14 FAM 511.4, 14 FAM 580 refers to the following authorities:
(1) Merchant Marine Act of 1936;
(2) Fly America Act, 49 U.S.C. 40118;
(3) 49 U.S.C. 40101;
(4) 5 U.S.C. 6101(b)(2); and
(5) Comptroller General Decisions:
(a) B-118904 of 6/29/54, Certification of Voucher Payment for Excess Baggage Transportation by Air;
(b) B-181352 of 10/8/74, Travel Expenses;
(c) B-202413 of 11/16/81, Medical Necessity for Use of Foreign Air Carrier;
(d) B-218819 of 10/30/85, Entitlement of USDA Employee to Reimbursement for Dependent Travel Incident to Change of Station; and
(e) B-138942 of 3/31/1981, Revised Guidelines for Implementation of the Fly America Act.
14 FAM 582 USE OF U.S.- AND FOREIGN-FLAG VESSELS
14 FAM 582.1 Policy
(CT:LOG-376; 05-30-2023)
In accordance with the provisions of the Merchant Marine Act of 1936, travel and transportation of effects must be on vessels registered under the laws of the United States where such vessels are available unless the necessity of the mission requires use of a vessel under a foreign flag.
14 FAM 582.2 Foreign-Flag Vessels
14 FAM 582.2-1 When Permissible
(CT:LOG-376; 05-30-2023)
a. See 14 FAM 581.2.
b. When travel by vessel is authorized or permitted under 14 FAM 581.2, paragraph b, a foreign-flag vessel may be used only if:
(1) U.S.-flag vessels do not operate between the ports servicing the points of origin and destination which are reasonably accessible by adequate surface transportation; or
(2) U.S.-flag vessels do operate, but space or service is unavailable and the traveler would be delayed more than 15 days awaiting available U.S.-flag service, or a period of time deemed inadvisable for medical or safety reasons.
c. When possible, make payment by using excess foreign credits or currency owned by the United States or from USAID trust funds.
14 FAM 582.2-2 Routing
(CT:LOG-376; 05-30-2023)
When use of a foreign-flag vessel is permissible under the conditions stated in 14 FAM 582.2-1, such use should be limited to the maximum extent possible by:
(1) Using an available U.S.-flag vessel to the farthest interchange point from which a foreign-flag vessel provides service to complete the journey; or
(2) Using a foreign-flag vessel to the nearest interchange point from which an available U.S.-flag vessel provides service to complete the journey.
14 FAM 582.2-3 Documentation
(CT:LOG-376; 05-30-2023)
a. In circumstances covered by 14 FAM 582.2-1, an authorizing officer or traveler will certify to the facts involved and a copy of such certification must also be included with the travel voucher (Form DS-3093, Justification Certificate for Use of a Foreign-Flag Air Carrier or Vessel).
b. When travel by vessel is authorized under 14 FAM 581.2, the Medical Director of the Department of State (MED) must certify to the fact that use of air transportation would be hazardous or detrimental to the traveler's (employee's or family member's) health or well-being. Travelers departing from the United States must obtain the required certification directly from MED. Travelers departing from a post abroad will submit a request for the required certification to MED with a recommendation by the post medical officer or medical adviser. The Medical Director's certification must be included with the employee's travel voucher.
14 FAM 582.2-4 Accompanying Family Members
(CT:LOG-376; 05-30-2023)
If the employee or any member of the employee's family is authorized or permitted to travel by vessel under the conditions stated in 14 FAM 581.2, all members of the family accompanying the employee or accompanying such family member are also permitted to travel aboard the foreign-flag vessel.
14 FAM 582.3 Use of Freight Vessels
(CT:LOG-376; 05-30-2023)
Employees and family members are not required to travel by freight vessels. However, when freight vessels are used, the rules pertaining to travel on U.S.- and foreign-flag passenger vessels must apply.
14 FAM 582.4 Penalty for Failure to Comply
(CT:LOG-376; 05-30-2023)
Failure to comply with the provisions of 14 FAM 582 will subject the employee to personal financial responsibility. Section 901(a) of the Merchant Marine Act of 1936 also vests in the Comptroller General of the United States special enforcement responsibilities.
14 FAM 583 USE OF U.S.-FLAG AND FOREIGN AIR CARRIERS
14 FAM 583.1 General Rule
(CT:LOG-376; 05-30-2023)
The Fly America Act generally requires use of a U.S. air carrier even if the cost of a ticket is less on a foreign air carrier and even if a foreign air carrier's service is preferred by, or more convenient for, the agency or the traveler.
14 FAM 583.2 State/USAGM/USAID Officers, Employees and Eligible Family Members on State/USAGM/USAID-Funded Travel between the United States and Another Country and Travel between Two Points Abroad
(CT:LOG-376; 05-30-2023)
For State, USAGM, and USAID-funded travel of Department of State and USAID officers, employees and their eligible family members:
(1) A U.S. air carrier must be used if the trip is between the United States and a foreign country and the U.S. air carrier offers nonstop or direct service (no aircraft change) from origin to destination unless such use would extend travel time (scheduled departure to scheduled arrival, including delay at origin) by 24 hours or more; or
(2) If the trip is between the United States and a foreign country and a U.S. air carrier does not offer nonstop or direct service (no aircraft change) from origin to destination, then a U.S. air carrier must be used if it provides service for the leg of the trip that is between the United States and another country, unless using a U.S. air carrier would:
(a) Increase the number of aircraft changes abroad by two or more; or
(b) Extend travel time (scheduled departure to scheduled arrival) by 6 hours or more; or
(c) Require a connecting time of 4 hours or more at an interchange point abroad; and
(3) A foreign air carrier may be used for official travel between two points abroad. This includes travel between two points abroad that is part of a trip to or from the United States (i.e., the foreign leg of a trip to or from the United States).
14 FAM 583.3 Non-State/Non-USAGM/Non-USAID-Funded Travel between the United States and Another Country
(CT:LOG-376; 05-30-2023)
Non-State/non-USAGM/non-USAID travelers must use U.S. air carriers for travel between the United States and another country unless:
(1) Use of a U.S. air carrier offers nonstop or direct service (no aircraft change) from origin to destination, but such use would extend travel time (scheduled departure to scheduled arrival), including delay at origin, by 24 hours or more; or
(2) A U.S. air carrier does not offer nonstop or direct service (no aircraft change) between origin and destination. In such cases, a U.S. air carrier must be used on every portion of the route where U.S. air service is provided. Exceptions can be made when such use, as compared to use of a foreign air carrier, will:
(a) Increase the number of aircraft changes abroad by two or more; or
(b) Extend travel time (scheduled departure to scheduled arrival) by at least 6 hours or more; or
(c) Require a connecting wait time of 4 hours or more at an exchange point abroad.
14 FAM 583.4 Non-State/Non-USAGM/Non-USAID-Funded Travel Solely Outside the United States
(CT:LOG-376; 05-30-2023)
Non-State/non-USAGM/non-USAID travelers must use U.S. air carriers for travel between two points abroad that is solely outside of the United States unless, when compared to using a foreign air carrier, such use would:
(1) Increase the number of aircraft changes made outside the United States by two or more; or
(2) Extend travel time (scheduled departure to scheduled arrival) by at least 6 hours or more; or
(3) Require a connecting time of 4 hours or more at an exchange point abroad.
14 FAM 583.5 All Travelers - Agency Mission or Necessity
(CT:LOG-376; 05-30-2023)
Use of a foreign air carrier by all travelers is authorized when the authorizing official (bureau executive officer, post management officer, or USAID executive officer at post) determines that:
(1) A U.S. air carrier cannot accomplish the agency's mission (as stated in the travel orders); or
(2) Use of a foreign air carrier is necessary because a U.S. air carrier cannot provide the needed air transportation. Necessity includes, but is not limited to, the following circumstances:
(a) Medical reasons: Use of a foreign air carrier is necessary for medical reasons, including the need to reduce the number of connections and possible delays when transporting people in need of medical treatment. This includes arrangements to protect the traveler's health and to facilitate emergency visitation travel or a medical evacuation. Travel of medically authorized attendant(s) is also authorized, if the need is certified by MED or a regional medical officer; or
(b) Traveler's safety: On a case-by-case basis, use of a foreign air carrier is required to avoid an unreasonable risk to the traveler's safety. This includes ensuring that unaccompanied children (16 years of age or younger at the time of travel) are not required to change airports at interchange points abroad or are otherwise hindered in their safe and speedy passage. An agency determination and approval of use of a foreign air carrier based on a threat against a U.S. air carrier must be supported by a travel advisory notice issued by the Federal Aviation Administration and the Department of State. An agency determination and approval of use of a foreign air carrier based on a threat against U.S. Government employees or other travelers must be supported by evidence of the threat(s) that forms the basis of the determination and approval; or
(c) A ticket is not available in the required class of service: When there is no ticket available in the authorized class of service on a U.S. air carrier and a seat is available in the authorized class of service on a foreign air carrier.
14 FAM 583.6 Other Exceptions
(CT:LOG-376; 05-30-2023)
Use of a foreign air carrier for all travelers is authorized in the following exceptional circumstances:
(1) Treaty: The transportation is provided under the terms of a bilateral or multilateral air transportation agreement to which the U.S. Government and the government of a foreign country are parties, and which the Department of Transportation has determined meets the requirements of the Fly America Act; or
(2) No service: No U.S. air carrier provides service on a particular leg of the route, in which case a foreign air carrier must be used, but only to and from the nearest interchange point on a usually traveled route to connect with a U.S. air carrier service; or
(3) Involuntary routing: The U.S. air carrier involuntarily reroutes a traveler on a foreign air carrier; or
(4) Three-hour trip or less: Travel time (scheduled departure to scheduled arrival) on a foreign air carrier would be 3 hours or less, and use of the U.S. air carrier would double the travel time; or
(5) Costs paid by third party: The costs of transportation are reimbursed in full by a third party, such as a foreign government, international agency, or other organization.
14 FAM 583.7 Documentation
(CT:LOG-376; 05-30-2023)
a. A traveler must request approval to use a foreign flag carrier based on an exception in 14 FAM 583.2, subparagraphs (1) and (2), 14 FAM 583.3, 14 FAM 583.4, 14 FAM 583.5, or 14 FAM 583.6. Approval is not required to use a foreign flag carrier based on 14 FAM 583.2 , subparagraph (3). For State, travelers must submit Form DS-3093, Justification Certificate for Use of a Foreign-Flag Air Carrier or Vessel through MyData. The form must be approved and signed by the Travel Management and Policy Division (A/LM/OPS/TMP) prior to use of the foreign-flag carrier. In emergency circumstances (travel must commence within 72 hours), at post, the management officer may approve the Form DS-3093.
b. The traveler must submit the agency's required justification form to the travel management center before the ticket is issued and must attach a copy to the travel voucher upon completion of travel.
14 FAM 583.8 Traveler's Liability and Financial Responsibility for Improper Use of a Foreign Air Carrier
(CT:LOG-376; 05-30-2023)
Financial responsibility for unauthorized travel on foreign air carriers lies with the traveler. The traveler will be held financially responsible for any portions of travel carried out on a foreign-flag carrier when neither permitted nor authorized under this regulation. The traveler will not be reimbursed for any improperly used foreign air carrier service.
14 FAM 583.9 Code-Share Flights
(CT:LOG-376; 05-30-2023)
a. Code-share flights reflect an agreement between U.S. carriers and foreign carriers that allows U.S. carriers to lease seating space on aircraft belonging to (and operated by) foreign carriers. Code-share flights comply with the Fly America Act.
b. A code-share flight qualifies as U.S. certificated-service flag air service provided the ticket identifies the U.S. carrier’s code and flight number. The U.S. carrier is identified by the carrier code written on the ticket. Carrier codes of major U.S. airlines are listed below:
· AMERICAN AA
· DELTA DL
· JET BLUE B6
· SOUTHWEST WN
· UNITED UA
14 FAM 584 DELAYED AND INTERRUPTED TRAVEL
14 FAM 584.1 Interrupted Travel on a Usually Traveled Route
(CT:LOG-376; 05-30-2023)
Direct travel may be interrupted for the convenience of the traveler. The employee is charged annual leave, if available, or approved leave without pay for excess time spent, and will receive no per diem for periods of leave. The traveler bears any extra expense caused by the interruption.
14 FAM 584.2 Time Limitations on Performance of Travel and Transportation
14 FAM 584.2-1 Appointment, Transfer, or Leave at U.S. Government Expense
(CT:LOG-376; 05-30-2023)
a. The actual departure date of an employee under a travel authorization will be determined in accordance with the needs of both the losing and gaining posts. The family and effects may accompany, precede, or follow the employee. However, after the employee completes travel pursuant to the authorization, unless the time limitation is extended, the actual departure of all members of the family and the shipment of all effects are not deferred more than 12 months from the employee's first day at the new duty station for both international and domestic travel. Travel authorizations may be extended up to an additional 6 months for a maximum of 18 months. Requests for extensions must be supported by a justification acceptable to the Bureau of Global Talent Management, Office of the Executive Director.
b. Unless waived by the appropriate officials in the headquarters agency, any employee appointed for a 12-month tour of duty abroad must have eligible family members travel and shipment of effects commence within 3 months. If the agency extends this 3-month time limitation for eligible family members to travel or to ship effects, the employee's tour of duty is extended so that the employee and eligible family members remain at post for at least 1 year after the eligible family members’ arrival. A repayment agreement is required of the employee in accordance with 14 FAM 532.3-4. For liquidation or refund of repayment, see 14 FAM 532.3-6.
14 FAM 584.2-2 Separation from the Foreign Service
(CT:LOG-376; 05-30-2023)
a. When an employee is separated from the Foreign Service and qualifies for travel and shipment of effects in accordance with 3 FAM, the actual departure of the employee, the departure of the employee's family, and the transportation of all effects must not be deferred more than 12 months from the employee's last day in pay status, for both international and domestic travel. Separation travel orders may be extended for up to an additional 6 months for a maximum of 18 months. Requests for extensions must be supported by a justification acceptable to the Bureau of Global Talent Management, Office of the Executive Director.
b. If travel or transportation of effects is interrupted for personal convenience in connection with a separation, the final departure of persons and effects from any point(s) of interruption must take place within the time limitation specified in the separation order.
c. When only domestic travel is involved, it may require issuance of a new travel authorization in the subsequent fiscal year, even within the 6-month period.
14 FAM 584.2-3 Limitation on Interrupted Travel and Transportation
(CT:LOG-376; 05-30-2023)
When travel or transportation of effects is interrupted for the convenience of the traveler for an aggregate period in excess of 12 months, expenses for travel or transportation must be allowable only to the last point of interruption unless additional delay is specifically authorized. For separation, see 14 FAM 584.2-2.
14 FAM 584.3 Return to Post before Completion of Temporary Duty Assignment
(CT:LOG-376; 05-30-2023)
Transportation expenses to an employee's designated post of duty and per diem en route are allowable whenever the employee becomes incapacitated because of illness or injury, not due to the employee's own misconduct, while en route to or while at the temporary duty station before completion of temporary duty assignment (see 14 FAM 574.5-3 for per diem payable during illness or injury).
14 FAM 584.4 Rest Stop or Day Pass for Business-Class Lounge
(CT:LOG-376; 05-30-2023)
a. Unless specifically disallowed elsewhere in the regulations, any scheduled flights in excess of 14 hours on a usually traveled route, including scheduled stopovers when traveling by less than premium-class accommodations, may be interrupted for a rest period of up to 24 hours. Per diem and necessary miscellaneous expenses are authorized. When the U.S. Government provides lodging and authorizes per diem, this break in travel constitutes a rest stop. Alternatively the traveler may be reimbursed for the cost of a day pass to a business-class lounge for the intermediate point on the authorized itinerary. If this option is selected the traveler is no longer authorized an overnight rest stop and will be expected to continue travel on the next available flight to the traveler’s destination.
b. Travelers are responsible for requesting the approved overnight rest stop or the business-class lounge day pass from the authorizing office, prior to travel.
c. The point of interruption for a rest stop should be at any normally scheduled transit point or stop along the direct route (14 FAM 585.1) between the authorized origin and destination.
d. The traveler may choose to take an authorized rest stop at the destination provided that the destination is not the traveler’s permanent duty station.
e. Rest stops or day passes to a business-class lounge are not authorized when indirect travel is performed.
f. Rest stops or day passes to a business-class lounge are not authorized for travelers using premium-class accommodations, or an upgradeable fare (14 FAM 567.2-4c), except when certified as necessary by competent medical authority. Employees authorized to travel in premium-class accommodations may use a business-class lounge, if the service is offered free of charge by the airline, but are not authorized reimbursement separately for the cost of a day pass to the lounge.
g. Under no circumstances will the traveler be eligible for both a U.S. Government-funded rest stop and a U.S. Government-purchased day pass to the business-class lounge.
NOTE 1: Official travel which exceeds 14 hours on the usually traveled route and which is not authorized a rest stop includes: R&R, travel of children of separated families, family visitation travel, emergency visitation (EVT) travel, periodic travel under educational allowance, educational travel, and any instance of official travel, where the traveler is authorized, and actually travels in business class.
NOTE 2: For U.S. Department of Agriculture/Foreign Agricultural Service (USDA/FAS) personnel, this provision only applies to personnel stationed abroad.
14 FAM 584.5 Time Zone Dislocations
(CT:LOG-376; 05-30-2023)
a. Travelers flying on a direct route, without interruption, except for flight connections, with a difference of five or more time zones between authorized points of travel should, whenever possible, arrange departure to allow arrival at destination a full day before commencing duty.
b. When the flight is of such duration that it includes an authorized rest stop, as provided in 14 FAM 584.4, the same efforts should be made to allow arrival at destination a full day before commencing duty, provided there is a difference of five or more time zones between the rest stop and the destination point.
c. When the flight is of such duration that it is authorized extended economy seating, as provided in 14 FAM 567.2-6, the same efforts should be made to allow arrival at the destination a full day before commencing duty, provided there is a difference of five or more time zones between the origin and destination points.
d. In cases meeting the criteria in paragraphs a, b, or c of this section, excused absence without charge to leave will be granted for any part of the 24-hour adjustment period following arrival at the duty point which happens to fall within working hours.
e. Per diem during the adjustment period is payable to temporary duty travelers, including eligible family members authorized to travel at U.S. Government expense when accompanying employees to temporary duty points, in accordance with 14 FAM 532.7.
14 FAM 585 DIRECT AND INDIRECT TRAVEL
14 FAM 585.1 Direct Travel
(CT:LOG-376; 05-30-2023)
All official travel must be by a usually traveled route, referred to as "direct travel,” or “direct route" (see these definitions under 14 FAM 511.3). A usually traveled route is one or more routes that are essentially the same in travel time and cost to the U.S. Government. (See 14 FAM 511.1 for a listing of types of official travel.)
14 FAM 585.2 Indirect Travel
(CT:LOG-376; 05-30-2023)
See definition under 14 FAM 511.3.
14 FAM 585.2-1 Personal Financial Responsibility
(CT:LOG-376; 05-30-2023)
When a traveler deviates from a usually traveled route for personal convenience, the traveler must bear the extra expense for the portion of the journey that is by an indirect route or for accommodations superior to those authorized.
14 FAM 585.2-2 Reimbursement Limitations
(CT:LOG-376; 05-30-2023)
a. Reimbursement for costs incurred on that portion of the journey which is traveled by an indirect route is limited to the total cost of per diem, incidental expenses, and transportation by less than premium-class air accommodations (regardless of mode of travel used in indirect travel, except as provided in paragraph e of this section), which would have been incurred by traveling on a usually traveled route.
b. In no case may reimbursement for indirect travel exceed the allowable costs actually incurred for such indirect travel.
c. Leave is charged for any excess travel time (see 14 FAM 550 requiring use of round-trip tickets, through tickets, etc.).
d. Reimbursement for excess baggage carried on indirect air travel is limited to the costs by a usually traveled route for excess weight actually carried upon departure from point of origin or 10 kilograms or 22 pounds, whichever is less.
e. When travel is authorized and actually performed by privately-owned vehicle, reimbursement is limited to the total cost of per diem and mileage that would have been incurred by direct travel (14 FAM 566.3-1).
14 FAM 586 THROUGH 589 UNASSIGNED