[Federal Register Volume 63, Number 231 (Wednesday, December 2, 1998)]
[Rules and Regulations]
[Pages 66674-66703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32091]
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_______________________________________________________________________
Part III
General Services Administration
_______________________________________________________________________
41 CFR Part 300-3 et al.
Federal Travel Regulation; General and Temporary Duty (TDY) Travel
Allowances; Final Rule
Federal Register / Vol. 63, No. 231 / Wednesday, December 2, 1998 /
Rules and Regulations
[[Page 66674]]
GENERAL SERVICES ADMINISTRATION
41 CFR Parts 300-3, 301-11, and 301-12
[FTR Amendment 75--1998 Edition]
RIN 3090-AG86
Federal Travel Regulation; General and Temporary Duty (TDY)
Travel Allowances
AGENCY: Office of Governmentwide Policy, GSA.
ACTION: Final rule.
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SUMMARY: An analysis of lodging and meal cost survey data reveals that
the listing of maximum per diem rates for locations within the
continental United States (CONUS) should be updated to provide for the
reimbursement of Federal employees' expenses covered by per diem. This
final rule increases/decreases the maximum lodging amounts in certain
existing per diem localities, adds new per diem localities, deletes a
number of previously designated per diem localities, removes taxes from
lodging rates, allows lodging taxes to be reimbursed as a miscellaneous
expense, establishes more than one per diem rate within some counties,
lists many previously combined locations separately with different per
diem rates, adds additional seasons (up to four) where appropriate,
adds one additional meal tier, and allows laundry, cleaning and
pressing of clothing expenses (previously included as an incidental
expense) as a miscellaneous expense.
EFFECTIVE DATE: This final rule is effective January 1, 1999, and
applies to official travel performed on or after January 1, 1999.
FOR FURTHER INFORMATION CONTACT: Jim Harte, telephone (202) 501-0483.
SUPPLEMENTARY INFORMATION:
A. Background
There are significant changes in this final rule, regarding payment
of expenses in connection with official travel.
What are the significant changes?
The significant changes are that this rule:
(a) Extracts taxes from lodging rates;
(b) Allows payment of actual costs for lodging taxes as a
miscellaneous expense;
(c) Adds additional seasons (up to four) where appropriate;
(d) Provides for more than one per diem rate within a county, where
needed;
(e) Separates previously combined locations to provide for separate
per diem rates (e.g., Alexandria and Arlington, Virginia, are now
listed separately from the District of Columbia);
(f) Provides one new meal and incidental expense (M&IE) tier;
(g) Increases/decreases maximum lodging amounts in certain existing
localities;
(h) Removes laundry, cleaning and pressing of clothing from
incidental expenses and includes them as reimbursable miscellaneous
expenses. The rule requires a minimum of 4 consecutive nights lodging
to qualify for miscellaneous laundry expenses reimbursement;
(i) Adds new per diem localities; and
(j) Deletes a number of previously designated per diem localities.
B. Executive Order 12866
The General Services Administration (GSA) has determined that this
final rule is not a significant regulatory action for the purposes of
Executive Order 12866 of September 30, 1993.
C. Regulatory Flexibility Act
This final rule is not required to be published in the Federal
Register for notice and comment; therefore, the Regulatory Flexibility
Act, 5 U.S.C. 601 et seq., does not apply.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
revisions do not impose recordkeeping or information collection
requirements, or the collection of information from offerors,
contractors, or members of the public which require the approval of the
Office of Management and Budget under 44 U.S.C. 501 et seq.
E. Small Business Reform Act
This final rule is also exempt from congressional review prescribed
under 5 U.S.C. 801 since it relates solely to agency management and
personnel.
List of Subjects in 41 CFR Parts 300-3, 301-11, and 301-12
Government employees, Travel and transportation expenses.
For the reasons set forth in the preamble, 41 CFR parts 300-3, 301-
11, 301-12 and Appendix A to chapter 301 are amended to read as
follows:
PART 300-3--GLOSSARY OF TERMS
1. The authority citation for part 300-3 continues to read as
follows:
Authority: 5 U.S.C. 5707; 5 U.S.C. 5738; 5 U.S.C. 5741-5742; 20
U.S.C. 905(a); 31 U.S.C. 1353; 40 U.S.C. 486(c); 49 U.S.C. 40118;
E.O. 11609, 3 CFR, 1971-1975 Comp., p. 586.
1a. Section 300-3.1 is amended by revising the term ``Per diem
allowance'' and removing the term ``Subsistence expenses'', to read as
follows:
Sec. 300-3.1 What do the following terms mean?
* * * * *
Per diem allowance--The per diem allowance (also referred to as
subsistence allowance) is a daily payment instead of reimbursement for
actual expenses for lodging (excluding taxes), meals, and related
incidental expenses. The per diem allowance is separate from
transportation expenses and other miscellaneous expenses. The per diem
allowance covers all charges, including any service charges where
applicable for:
(a) Lodging. Includes expenses, except lodging taxes, for overnight
sleeping facilities, baths, personal use of the room during daytime,
telephone access fee, and service charges for fans, air conditioners,
heaters and fires furnished in the room when such charges are not
included in the room rate. Lodging does not include accommodations on
airplanes, trains, buses, or ships. Such cost is included in the
transportation cost and is not considered a lodging expense.
(b) Meals. Expenses for breakfast, lunch, dinner and related tips
and taxes (specifically excluded are alcoholic beverage and
entertainment expenses, and any expenses incurred for other persons).
(c) Incidental expenses. (1) Fees and tips given to porters,
baggage carriers, bellhops, hotel maids, stewards or stewardesses and
others on ships, and hotel servants in foreign countries.
(2) Transportation between places of lodging or business and places
where meals are taken, if suitable meals cannot be obtained at the TDY
site; and
(3) Mailing cost associated with filing travel vouchers and payment
of Government-sponsored charge card billings.
* * * * *
PART 301-11--PER DIEM EXPENSES
2. The authority citation for part 301-11 continues to read as
follows:
Authority: 5 U.S.C. 5707.
2a. In Sec. 301-11.18 the table is revised to read as follows:
Sec. 301-11.18 What M&IE rate will I receive if a meal(s) is furnished
at nominal or no cost by the Government or is included in the
registration fee?
* * * * *
[[Page 66675]]
------------------------------------------------------------------------
M&IE $30 $34 $38 $42 $46
------------------------------------------------------------------------
Breakfast............................ 6 7 8 9 9
Lunch................................ 6 7 8 9 11
Dinner............................... 16 18 20 22 24
Incidentals.......................... 2 2 2 2 2
------------------------------------------------------------------------
3. Section 301-11.27 is revised to read as follows:
Sec. 301-11.27 Are taxes included in the lodging portion of the
Government per diem rate?
No. Lodging taxes paid by you are reimbursable as a miscellaneous
travel expense limited to the taxes on reimbursable lodging costs. For
example, if your agency authorizes you a maximum lodging rate of $50
per night, and you elect to stay at a hotel that costs $100 per night,
you can only claim the amount of taxes on $50, which is the maximum
authorized lodging amount.
4. Section 301-11.30 is revised to read as follows:
Sec. 301-11.30 What is my option if the Government lodging rate
exceeds my lodging reimbursement?
You may request reimbursement on an actual expense basis, not to
exceed 300 percent of the maximum per diem allowance.
Approval of actual expenses is usually in advance of travel and at
the discretion of your agency. (See Sec. 301-11.302.)
5. Section 301-11.31 is added to read as follows:
Sec. 301-11.31 Are laundry, cleaning and pressing of clothing expenses
reimbursable?
Yes. The expenses incurred for laundry, cleaning and pressing of
clothing at a TDY location are reimbursable as a miscellaneous travel
expense. However, you must incur a minimum of 4 consecutive nights
lodging on official travel to qualify for this reimbursement.
PART 301-12--MISCELLANEOUS EXPENSES
6. The authority citation for part 301-12 continues to read as
follows:
Authority: 5 U.S.C. 5707.
6a. Section 301-12.1 is revised to read as follows:
Sec. 301-12.1 What miscellaneous expenses are reimbursable?
When the following items have been authorized or approved by your
agency, they will be reimbursed as a miscellaneous expense. Taxes for
reimbursable lodging are deemed approved when lodging is authorized.
Examples of such expenses include, but are not limited to the
following:
------------------------------------------------------------------------
Special expenses of
General expenses Fees to obtain money foreign travel
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Baggage expenses as Fees for travelers Commissions on
described in Sec. 301- checks. conversion of
12.2.. foreign currency.
Services of guides, Fees for money Passport and/or visa
interpreters, and drivers.. orders. fees.
Use of computers, printers, Fees for certified Costs of photographs
faxing machines, and checks. for passports and
scanners.. visas.
Services of typists, data Transaction fees for Foreign country exit
processors, or use of automated fees.
stenographers.. teller machines
(ATMs)-Government
contractor-issued
charge card.
Storage of property used on Costs of birth,
official business.. health, and
identity
certificates.
Hire of conference center Charges for
room or hotel room for inoculations that
official business.. cannot be obtained
through a Federal
dispensary.
Official telephone calls/
service (see note)..
Faxes, telegrams,
cablegrams, or radiograms..
Lodging taxes as prescribed
in Sec. 301-11.27..
Laundry, cleaning and
pressing of clothing
expenses as prescribed in
Sec. 301-11.31..
------------------------------------------------------------------------
Note to Sec. 301-12.1: You should use Government provided
services for all official communications. When they are not
available, commercial services may be used. Reimbursement may be
authorized or approved by your agency.
7. Appendix A to chapter 301 is revised to read as follows:
Appendix A To Chapter 301--Prescribed Maximum Per Diem Rates for
CONUS
The maximum rates listed below are prescribed under part 301-11
of this chapter for reimbursement of per diem expenses incurred
during official travel within CONUS (the continental United States).
The amount shown in column (a) is the maximum that will be
reimbursed for lodging expenses excluding taxes. The M&IE rate shown
in column (b) is a fixed amount allowed for meals and incidental
expenses covered by per diem. The per diem payment calculated in
accordance with part 301-11 of this chapter for lodging expenses
plus the M&IE rate may not exceed the maximum per diem rate shown in
column (c). Seasonal rates apply during the periods indicated.
It is the policy of the Government, as reflected in the Hotel
Motel Fire Safety Act of 1990 (Pub. L. No. 101-391, September 25,
1990 as amended by Pub. L. No. 105-85, November 18, 1997), referred
to as ``the Act'' in this paragraph, to save lives and protect
property by promoting fire safety in hotels, motels, and all places
of public accommodation affecting commerce. In furtherance of the
Act's goals, employees are encouraged to stay in a facility which is
fire-safe, i.e., an approved accommodation, when commercial lodging
is required. Lodgings that meet the Government requirements are
listed on the U.S. Fire Administration's Internet site at http://
www.usfa.fema.gov/hotel/index.htm.
Note: Major changes in the coverage of per diem rates effective
in this amendment are:
Lodging rates do not include any taxes. They are now
room rates only. Actual costs paid for lodging taxes may be
reimbursed to the traveler as a miscellaneous expense (see 301-11).
Additional seasons (up to four) have been added where
appropriate.
There may be more than one rate within a county now.
Please read the tables carefully.
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Many previously combined locations are now shown
separately with different rates (e.g., Alexandria, Arlington,
Montgomery County, Prince Georges County, Fairfax County, and
Loudoun County, are now listed separately from Washington, DC).
There is one new M&IE tier: $46.
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Dated: November 27, 1998.
David J. Barram,
Administrator of General Services.
[FR Doc. 98-32091 Filed 12-1-98; 8:45 am]
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