An Act to revise certain provisions of title 5, United States Code, relating to per diem and mileage expenses of Government employees, and for other purposes.
PL 94-22 (S.172), enacted 05/19/1975

89 STAT. 84 
PUBLIC LAW 94-22—MAY 19, 1975 
Public Law 94-22 
94th Congress 
May 19, 1975 
[S. 172] 
Travel Expense 
Amendments Act 
of 1975. 
5 u s e 5701 note. 
Post, p. 85. 
Post, p. 85. 
An Act 
28 u s e 456. 
To revise certain provisions of title 5, United States Code, relating to per diem 
and mileage expenses of Government employees, and for other purposes. 
Be it enacted dy the Senate and House of Representatives of the 
United States of America in Congress assembled^ That this Act may be 
cited as the "Travel Expense Amendments Act of 1975". 
SEC. 2. (a) Section 5701 (2) of title 5, United States Code, is amended 
to read as follows: 
" (2) 'employee' means an individual employed in or under an 
agency including an individual employed intermittently in the 
Government service as an expert or consultant and paid on a 
daily when-actually-employed basis and an individual serving 
without pay or at $1 a year;", 
(b) Section 5705 of such title 5 is amended by striking out "or 
individual" wherever it appears. 
SEC. 3. Section 5702 of title 5, United States Code, is amended to 
read as follows: 
*
*
§ 570-2. Per diem; employee traveling on official business 
"(a) Under regulations prescribed under section 5707 of this title, 
an employee while traveling on official business away from his desig-
nated post of duty, or in the case of an individual described under 
section 5703 of this title, his home or regular place of business, is 
entitled to (1) a per diem allowance for travel inside the continental 
United States at a rate not to exceed $35, and (2) a per diem allow-
ance for travel outside the continental United States, that may not 
exceed the rate established by the President, or his designee, for each 
locality where travel is to be performed. For travel consuming less 
than a full day, such rate may be allocated proportionately. 
" (b) Under regulations prescribed under section 5707 of this title, 
an employee who, while traveling on official business away from his 
designated post of duty or, in the case of an individual described 
under section 5703 of this title, his home or regular place of business, 
becomes incapacitated by illness or injury not due to his own miscon-
duct, is entitled to the per diem allowance and appropriate transporta-
tion expenses to his designated post of duty, or home or regular place 
of business, as the case may be. 
"(c) Under regulations prescribed under section 5707 of this title, 
the Administrator of General Services, or his designee, may pres'iribe 
conditions under which an employee may be reimbursed for the actual 
and necessary expenses of official travel when the maximum per diem 
allowance would be less than these expenses, except that such reim-
bursement shall not exceed $50 for each day in a travel status within 
the continental United States when the per diem otherAvise allowable 
is determined to be inadequate (A) due to the unusual circumstances 
of the travel assignment, or (B) for travel to high rate geographical 
areas designated as such in regulations prescribed under section 5707 
of this title. 
"(d) Under regulations prescribed under section 5707 of this title, 
for travel outside the continental United States, the Administrator of 
General Services or his designee, may prescribe conditions under which 
an employee may be reimbursed for the actual and necessary expenses 
of official travel when the per diem allowance would be less than these 
expenses, except that such reimbursement shall not exceed $21 for 
each day in a travel status outside the continental United States plus 
the locality per diem rate prescribed for such travel. 
"(e) This section does not apply to a justice or judge, except to 
the extent provided by section 456 of title 28.". 
PUBLIC LAW 94-22—MAY 19, 1975 
89 STAT. 85 
SEC. 4. Section 5703 of title 5, United States Code, is amended to 
read as follows: 
"§ 5703. Per diem, travel, and transportation expenses; experts 
and consultants; individuals serving without pay 
"An employee serving intermittently in the Government service as 
an expert or consultant and paid on a daily when-actually-employed 
basis, or serving without pay or at $1 a year, may be allowed travel or 
transportation expenses, under this subchapter, while away from his 
home or regular place of business and at the place of employment or 
service.". 
SEC. 5. Section 5704 of title 5, United States Code, is amended to 
read as follows: 
*
*
§ 5704. Mileage and related allowances 
"(a) Under regulations prescribed under section 5707 of this title, M^o-
an employee who is engaged on official business for the Government is 
entitled to not in excess of— 
" (1) 11 cents a mile for the use of a privately owned motorcycle; 
"(2) 20 cents a mile for the use of a privately owned automo-
bile; or 
"(3) 24 cents a mile for the use of a privately owned airplane; 
instead of actual expenses of transportation when that mode of trans-
portation is authorized or approved as more advantageous to the Gov-
ernment. A determination of such advantage is not required when 
payment on a mileage basis is limited to the cost of travel by common 
carrier including per diem. Notwithstanding the preceding provisions 
of this subsection, in any case in which an employee who is engaged on 
official business for the Government chooses to use a privately owned 
vehicle in lieu of a Government vehicle, paj^ment on a mileage basis 
is limited to the cost of travel by a Government vehicle. 
"(b) In addition to the mileage allowance authorized under sub-
section (a) of this section, the employee may be reimbursed for— 
" (1) parking fees; 
"(2) ferry fees; 
" (3) bridge, road, and tunnel costs; and 
" (4) airplane landing and tie-down fees.". 
SEC. 6. (a) Section 5707 of title 5, United States Code, is amended 
to read as follows: 
"§ 5707. Regulations and reports 
" (a) The Administrator of General Services shall prescribe regula-
tions 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 of the judicial branch of the Government. 
"(b)(1) The Administrator of General Services, in consultation Investigations; 
with the Comptroller General of the United States, the Secretary of '"^P"'^ *" 
Transportation, the Secretary of Defense, and representatives of orga- Congress. 
nizations of employees of the Government, shall conduct periodic 
investigations of the cost of travel and the operation of privately 
owned vehicles to employees while engaged on official business, and 
shall report the results of such investigations to Congress at least once 
a year. In conducting the investigations, the Administrator shall 
review and analyze among other factors— 
" (A) depreciation of original vehicle cost; 
" (B) gasoline and oil (excluding taxes); 
"(C) maintenance, accessories, parts, and tires; 
"(D) insurance; and 
"(E) State and Federal taxes. 
57-194 n - 77 - in
89 STAT. 86 
Regulations. 
Ante, p. 85. 
Report to 
Congress. 
Publication in 
Federal Register. 
5 u s e 5707 note. 
PUBLIC LAW 94-22—MAY 19, 1975 
"(2) The Administrator shall issue regulations under this section 
which shall prescribe mileage allowances which shall not exceed the 
amounts set forth in section 5704(a) of this title and which reflect the 
current costs, as determined by the Administrator, of operating pri-
vately owned motorcycles, automobiles, and airplanes. At least once 
each year after the issuance of the regulations described in the preced-
ing sentence, the Administrator shall determine, based upon the results 
of his investigation, specific figures, each rounded to the nearest one-
half cent, of the average, actual cost a mile during the period for the 
use of a privately owned motorcycle, automobile, and airplane. The 
Administrator shall report such figures to Congress not later than five 
working days after he makes his determination. Each such report shall 
be printed in the Federal Register. The mileage allowances contained 
in regulations prescribed under this section shall be adjusted within 
thirty days following the submission of that report to the figures so 
determined and reported by the Administrator.". 
(b) The regulations required under the first sentence of section 
5707(b) (2) of title 5, United States Code, as amended by subsection 
(a) of this section, shall be issued no later than thirty days after the 
effective date of this Act. 
SEC. 7. Item 5707 contained in the analysis of subchapter I of chap-
ter 57 of title 5, United States Code, is amended to read as follows: 
"5707. Regulations and reports.". 
SEC. 8. The seventh paragraph under the heading "ADMINISTRATIVB 
PROVISIONS" in the Senate appropriation in the legislative Branch 
Appropriation Act, 1957 (2 U.S.C. GSb), is amended by striking out 
"$25" 
and "$40" and inserting in lieu thereof "$35" and "$50", 
respectively. 
Approved May 19, 1975. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-5 accompanying H.R. 2302 and No. 94-104 accompanying 
H.R. 4834 (both from Comm. on Government Operations). 
SENATE REPORT No. 94-42 (Comm. on Government Operations). 
CONGRESSIONAL RECORD, Vol. 121 (1975): 
Mar. 20, considered and passed Senate. 
Apr. 21, considered and passed House, amended, in lieu of H.R. 4834. 
Apr. 30, Senate concurred in House amendment with an amendment. 
May 5, House concurred in Senate amendment.