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Travel and Transportation - TAB H--TRAVEL AND TRANSPORTATION OUTLINE

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Travel and Transportation - TAB H--TRAVEL AND TRANSPORTATION OUTLINE

    TRAVEL AND TRANSPORTATION

    I. REFERENCES

    A. Government/Executive Branch

    1. 31 U.S.C. ? 1344, Passenger carrier use.

    2. 31 U.S.C. ? 1349, Adverse personnel actions [for fiscal impropriety or misuse of

    Government transportation].

    3. 10 U.S.C. ? 2632, Transportation to and from certain places of employment and on

    military installations.

    4. 10 U.S.C. ? 2637, Transportation in certain areas outside the United States.

    5. 41 C.F.R. Part 102-5, Home-to-Work Transportation.

    16. Federal Acquisition Regulation

    7. 41 C.F.R. Parts 101-38 and 102-34 (Motor Vehicle Management)

    28. Office of Management and Budget (OMB) Circular A-126, "Improving the

    Management and Use of Government Aircraft," 22 May 1992.

    9. OMB Bulletin 93-11, Fiscal Responsibility and Reducing Perquisites (19 April

    1993).

    3B. Department of Defense (and Higher Executive Agencies)

     1 The FAR is available at http://www.arnet.gov/far/pdfframe.html 2 OMB Circulars are available in html format at http://www.whitehouse.gov/OMB/circulars/index.html. 3 DoD Directives, Instructions, and Regulations can be found at

    http://www.dtic.mil/whs/directives/.

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    1. DoD Directive 4500.9E, Transportation and Traffic Management, 12 February 2005. 2. DoD Directive 4500.36, Management, Acquisition, and Use of Motor Vehicles, 3

    August 2004.

    3. DoD 4500.36-R, Management, Acquisition, and Use of Motor Vehicles, March

    1994, (w/c1, 30 September 1996).

    4. DoD Directive 4500.56, DoD Policy on the Use of Government Aircraft and Air

    Travel, 2 March 1997, (w/c1, 19 April 1999).

    5. DoD 4515.13-R, Air Transportation Eligibility, November 1994, (w/c3, 9 April

    1998).

    6. DoD Instruction 4515.7, Use of Motor Transportation and Scheduled DoD Bus

    Service in the National Capital Region, July 31, 1985.

    C. Joint Publications

    1. Chairman, JCS Memorandum, subject: Travel on Military Aircraft (7 Aug 1996). 2. The Joint Federal Travel Regulation (JFTR) (Uniformed Members) and Joint Travel 4 Regulation (JTR) (Civilian Employees).

    5D. Department of the Army

    1. Secretary of the Army Memorandum, Policy for Travel by Department of the Army

    Officials, A.K.A. Army Directive 2007-1, January 25, 2007, [hereinafter “SecArmy

    Policy”].

    2. AR 58-1, Management, Acquisition, and Use of Administrative Use Motor Vehicles

    (10 August 2004).

     4 These publications are available at http://www.dtic.mil/perdiem/trvlregs.html. 5 All listed Army regulations are available at http://www.usapa.army.mil/.

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    3. AR 95-1, Flight Regulations (1 September 1997) (supersedes and incorporates AR

    95-3).

    4. AR 360-1, The Army Public Affairs Program, Ch. 10, Public Affairs Travel (15

    September 2000).

    5. AR 600-8-105, Military Orders (28 October 1994) (authority to issue travel orders).

    E. Department of the Air Force

    1. AFPD 24-1, Personnel Movement (1 September 1995).

    2. AFPD 24-3, Operation, Maintenance, and Use of Transportation Vehicles and

    Equipment (29 October 1993).

    3. AFI 24-101, Passenger Movement (27 October 2004).

    4. AFI 24-301, Vehicle Operations (1 November 2001).

    F. Department of the Navy

    1. OPNAVINST 4650.11F, Policies and Procedures for Official Temporary Duty

    Travel to Military and Civilian Installations, Activities, and Units (5 May 1989). 2. OPNAVINST 4610.8E, Transportation and Traffic Management (20 June 1989)

    (implementing DoDD 4500.9E).

    3. OPNAVINST 4630.25C, Air Transportation Eligibility (14 Nov 1995)

    (implementing DoD 4515.13-R).

    4. OPNAVINST 4650.15, Issuance of Navy Passenger Transportation Manual (7 July

    1998).

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    II. APPLYING ETHICAL PRINCIPLES TO TRAVEL

    A. Applicable General Principles (Executive Order 12674; 5 C.F.R. ? 2635.101).

    1. Principle #7: Public office may not be used for private gain.

    2. Principle #8: Government employees shall act impartially and not give preferential

    treatment to anyone.

    3. Principle #9: Employees shall protect and conserve Federal property and shall use

    it only for authorized activities.

    4. Principle #10: Employees shall not engage in outside activities that conflict with

    official Government duties and responsibilities.

    5. Principle #14: Employees shall endeavor to avoid any actions creating the

    appearance that they are violating the law or ethical standards. B. Army Travel

    1. In addition to DoD and federal policies, ethics counselors should consult the 2007

    Secretary of the Army Travel Policy for all Army travel. The SecArmy has made

    some areas of official travel more restrictive than allowed within other DoD

    references and policies.

    2. The 2007 Secretary of the Army Travel Policy is attached to this outline. C. Travel Applications

    It is essential that managers and commanders at all levels prevent

    misuse of transportation resources as well as the perception of

    their misuse.

     -- DoDD 4500.56

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1. Passenger Carriers may only be used for official purposes.

    Funds available to a Federal agency, by appropriation or otherwise, may

    be expended by the Federal agency for the maintenance, operation, or

    repair of any passenger carrier only to the extent that such carrier is used

    to provide transportation for official purposes.

     -- 31 U.S.C. ? 1344

    DoD-owned or -controlled transportation resources shall be used for

    official purposes only.

     -- DoDD 4500.9E

    2. Only persons whose transportation benefits the Government should use

    Government owned or funded transportation assets. Exceptions for other travelers

    should be granted only when there is no impact on the Government’s cost or

    mission.

    3. Government transportation should be scheduled and arranged to be the most cost-

    effective for the Government, not to maximize the personal convenience of the

    traveler.

    [T]ransportation resources shall be used during peacetime as efficiently as

    possible. . .

     -- DoDD 4500.9E

    4. Government transportation rules must be applied uniformly and not to selectively

    benefit someone solely because of rank or position.

    Rank, grade, or position alone is not sufficient to justify support of MilAir

    requests.

     -- DoDD 4500.56

    Transportation by a DoD motor vehicle shall not be provided when the

    justification is based solely on reasons of rank, position, prestige, or

    personal convenience.

     -- DoD 4500.36-R

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    5. The Government will use commercial transportation assets to the maximum extent

    possible/practicable.

    DoD transportation requirements shall be met by using the most cost

    effective commercial transportation resources to the maximum extent

    practicable unless there is a documented negative critical mission impact.

     -- DoDD 4500.9E

    III. AIR TRAVEL: GOVERNMENT AIRCRAFT

    A. Travel Categories The purpose of travel determines the category, a designation that accords a traveler specific privileges and confers obligations.” Para. E.2.1.2., DoDD 4500.56. OMB Circular A-126 establishes 3 categories of travel on Government aircraft. 1. Required Use. Para. E2.2.1., DoDD 4500.56; Para. 5d., OMB Cir. A126.

    a. Designated travelers who are required to use military aircraft because of one or

    more of the following:

    (1) their continuous requirement for secure communications;

    (2) for security; or

    (3) for responsive transportation to satisfy exceptional scheduling

    requirements dictated by frequent short-notice travel, which makes

    commercial transportation unacceptable.

    b. SecDef has determined that the following officials are “required use”

    passengers for both official and unofficial travel:

    (1) Chairman, Joint Chiefs of Staff;

    (2) Commander, Joint Forces Command and Commander, U.S. Forces Europe

    (when acting as Supreme Allied Commanders);

    (3) Deputy Secretary of Defense.

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    c. SecDef has determined that the following officials are “required use”

    passengers only for official travel.

    (1) The Secretaries of the Military Departments;

    (2) The Vice Chairman and Joint Chiefs of Staff;

    (3) The Commanders of the Combatant Commands; and four-star general

    and/or flag officers.

    d. Within the Army, required use is not restricted to only the Secretary of the

    Army and the Chief of Staff, Army. The SecArmy Travel Policy makes all

    active four-star general officers “required users.”

    2. Other Official Travel. Para. E2.2.2, DoDD 4500.56; Para. 5c., OMB Cir. 126. a. Other official travel means administrative travel:

    (1) to meet mission requirements,

    (2) for other than required use travel, and

    (3) for travel for the conduct of agency business.

    b. Official travel may include travel to give speeches, attend conferences or

    meetings, make site visits to facilities, and permanent change of station moves. c. Commercial air is normally used when it is “reasonably available” to

    effectively fulfill the mission requirement and is able to meet the traveler’s

    departure and arrival requirements in a 24-hour period.

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    d. MilAir may be authorized when:

    (1) The cost of using MilAir is more cost effective than the cost of

    commercial air service.

    (2) Highly unusual circumstances present a clear and present danger or other

    emergency exists.

    (3) Other compelling operational considerations make commercial

    transportation unacceptable.

    e. Determine if the actual cost of using a Government aircraft is the same or less than the cost of using commercial airline or aircraft (including charter) service. Para. 8a., OMB Cir. A-126.

    (1) Cost Analysis. Para. E2.2.2.3., DoDD 4500.56.

    (a) Use MilAir flying hour (including any positioning or repositioning

    flying hours) cost data.

    (b) Compare it to the total cost for the party to use commercial air travel

    at available coach fare rates.

    (c) In determining the commercial costs, the cost of rental cars, the cost

    of lodging and meals if the party must remain overnight and other

    such appropriate factors may be considered.

    (d) By combining separate MilAir requests to fully utilize aircraft, MilAir

    costs for separate travel requests can be lowered and may compare

    more favorably with costs associated with commercial air travel.

    Authorizing officials may provisionally approve a request on the basis

    that, if consolidated with another request(s), it is determined to be

    cost-effective.

    (2) If a military aircraft is already approved for official business, secondary

    use of the aircraft for other travel for the conduct of agency business may

    be presumed to result in cost savings. A separate cost comparison is not

    required.

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3. Unofficial Travel. Para. E2.2.3., DoDD 4500.56.

    a. Travel by family member, non-DoD civilian or non-Federal traveler. b. MUST be accompanying a senior DoD or otherFederal official who is traveling

    on MilAir on official business.

    c. Must not displace official travelers or require a larger aircraft. d. Note that this is NOT the same as Space-A travel as addressed in DoD

    4515.13-R, Ch. 6.

    e. Travel is reimbursable at the full coach fare (i.e., a coach fare available to the

    general public between the day that the travel was planned and the day the

    travel occurred, including restricted fares, provided the traveler would

    otherwise be able to satisfy the restrictions associated with the particular fare if

    traveling by commercial air).

    f. Travel must be approved in advance, in writing, on a case-by-case basis. Para.

    E2.4, DoDD 4500.56.

    B. Check for Special Rules.

    1. Rotary-wing Aircraft. Para. E2.1.5., DoDD 4500.56. Policy applies to all officers and employees of the Department of Defense.

    a. May be used only when cost is favorable as compared to ground transportation,

    or

    b. When the use of ground transportation would have a significant adverse impact

    on the ability of the senior official to effectively accomplish the purpose of the

    travel.

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    IV. AIR TRAVEL: SPOUSE

    A. GENERAL RULE: a family member may not accompany his or her DoD sponsor who is traveling on official business. Para. E2.5.1., DoDD 4500.56.

    B. EXCEPTIONS:

    1. Funded Travel: A family member's travel may be approved:

    a. If the spouse’s travel is justified on a basis that is independent from their status

    as a spouse. See JTR, Appendix E, Part I, A. When the spouse is approved for

    travel on an independent basis, he/she is entitled to per diem, as well as travel

    expenses:

    (1) Examples of independent bases:

    (a) The spouse will attend a service-endorsed training course and provide

    subsequent volunteer services. See 71 COMP. GEN. 6 (1991). (Ex.

    Pre-command Course, Brigadier General Training Course, anti-

    terrorist training course). For other courses, the JTR requires

    approval through the “Secretarial process.” For the Army, process

    requests through command channels and the DCSOPS to the

    Administrative Assistant to the Secretary.

    (b) The spouse will confer with DoD officials on official matters, as a

    subject matter expert (does not include mere attendance at a meeting

    or conference, even if hosted by DoD).

    (2) ARMY POLICY: It is Army policy that spouses travelling to participate

    in Army Family Programs and/or Quality of Life conferences shall travel

    in an accompanying spouse status (per diem NOT authorized), unless

    travel is as a delegate to an “excepted program” (serviced endorsed

    training) in which case, if the following conditions apply, invitational

    travel (with per diem) is authorized.

    (a) The conference is sponsored by an activity commanded by a major

    general or above;

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