Part 301-31-Threatened Law Enforcement/Investigative Employees

Authority: 5 U.S.C. 5707.
§301-31.1 Why pay subsistence and transportation expenses for threatened law enforcement/investigative employees?

To protect a law enforcement/investigative employee and his/her immediate family when their lives are placed in jeopardy as a result of the employee's assigned duties.

§301-31.2 What is "family" with respect to threatened law enforcement/investigative employees?

Generally, "family" includes any member of your immediate family, as defined in §300-3.1 of this title. However, your agency may, on a case-by-case basis, expand this definition to include other members of you and/or your spouse's or domestic partner's extended family.

§301-31.3 Are members of my family and I eligible for payment of subsistence and transportation expense?

Yes, if you serve in a law enforcement, investigative, or similar capacity for special law enforcement/investigative purposes and your agency authorizes such expenses.

§301-31.4 Must my agency pay transportation and subsistence expenses?

No. Your agency decides when it is appropriate to pay these expenses based on the nature of the threat against your life and/or the life of a member(s) of your immediate family.

§301-31.5 Under what conditions may my agency pay for transportation and subsistence expenses?

When your agency determines that a threat against you or a member(s) of your immediate family justifies moving you and/or your family to temporary living accommodations at or away from your official station.

§301-31.6 Where must I and/or my family obtain lodging?

Your agency designates the area where you and/or your family should obtain lodging. It may be within your official station or at an alternate location.

§301-31.7 May my family and I occupy lodging at different locations?

Yes, if authorized by your agency.

§301-31.8 What transportation expenses may my agency pay?

Your agency may pay transportation expenses authorized by part 301-10 of this chapter to transport you and/or your family to/from a temporary location.

§301-31.9 What subsistence expense may my agency pay?

Only your lodging cost may be paid. However, your agency may pay for meals and laundry/cleaning expenses if:

  1. Your temporary living accommodations do not have kitchen or laundry facilities; or

  2. Your agency determines that other extenuating circumstances exist which necessitate payment of these expenses.

§301-31.10 How will my agency pay my subsistence expenses?

Your agency will pay your actual subsistence expenses not to exceed the "maximum allowable amount" for the period you or your family occupy temporary living accommodations. The "maximum allowable amount" is the "maximum daily amount" multiplied by the number of days you or your family occupy temporary living accommodations not to exceed the number of days authorized. The "maximum daily amount" is determined by adding the rates in the following table for you and each member of your family authorized to occupy temporary living accommodations:

If your agency authorizes The "maximum daily amount" of per diem expenses that
You or your unaccompanied spouse, domestic partner or other unaccompanied family member may receive is Your accompanied spouse, domestic partner or a member of your family who is age 12 or older may receive is A member of your family who is under age 12 may receive is
Payment of only lodging expenses. The maximum lodging amount applicable to the locality. .75 times the maximum lodging amount applicable to the locality. .5 times the maximum lodging amount applicable to the locality.
Payment for lodging, meals, and other per diem expenses. The maximum per diem rate applicable to the locality. .75 times the maximum per diem rate applicable to the locality. .5 times the maximum per diem rate applicable to the locality.
§301-31.11 May my agency pay me a per diem allowance instead of actual expenses?


§301-31.12 Must I keep track of my expenses?

Yes. You must keep track of your actual expenses as described in part 301-11 of this chapter.

§301-31.13 How long may my agency pay for subsistence expenses under this part?

Your agency may pay for subsistence expenses up to 60 days. However, your agency may pay for additional periods if it determines that an extension is justified.

§301-31.14 May I receive a travel advance for transportation and/or subsistence expenses?

Yes, you may receive a travel advance under §301-51.200 of this chapter for up to a 30-day period at a time to cover expenses allowable. Your travel advance may not exceed the maximum allowable amount authorized under §301-31.10, and you will be required to reimburse your agency for any portion of the advance disallowed or not spent.

§301-31.15 What documentation must I provide for reimbursement?

You must provide receipts or any other documentation required by your agency. However, in instances when documentation might compromise the security of the individuals involved, the head of the agency may waive these requirements.

Last Reviewed: 2020-01-10