[Federal Register Volume 64, Number 136 (Friday, July 16, 1999)]
[Rules and Regulations]
[Pages 38528-38531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18291]
[[Page 38527]]
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Part IV
General Services Administration
_______________________________________________________________________
41 CFR Parts 301-51, 301-52, 301-54, 301-70, 301-71 and 301-76
Federal Travel Regulation; Mandatory Use of the Travel Charge Card;
Interim Final Rule
Federal Register / Vol. 64, No. 136 / Friday, July 16, 1999 / Rules
and Regulations
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GENERAL SERVICES ADMINISTRATION
41 CFR Parts 301-51, 301-52, 301-54, 301-70, 301-71 and 301-76
[FTR Interim Rule 8]
RIN 3090-AG92
Federal Travel Regulation; Mandatory Use of the Travel Charge
Card
AGENCY: Office of Governmentwide Policy, GSA.
ACTION: Interim rule.
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SUMMARY: This interim rule amends the Federal Travel Regulation (FTR)
provisions pertaining to payment by the Government of expenses
connected with official Government travel. This interim rule implements
the requirements of Pub. L. 105-264, October 19, 1998, regarding the
required use of the travel charge card, collection of amounts owed, and
reimbursement of travel expenses. This interim rule also implements the
Administrator of General Services' authority under 5 U.S.C. 5701 to
require agencies to pay expenses in connection with official Government
travel.
DATES: Effective Date: This interim rule is effective July 16, 1999,
and applies to payment of expenses in connection with official
Government travel performed on or after December 31, 1999.
Comment Date: Comments must be received by September 14, 1999.
ADDRESSES: Written comments should be sent to:
Ms. Sharon Kiser, Regulatory Secretariat (MVR), Office of
Governmentwide Policy, General Services Administration, 1800 F Street,
NW, Washington, DC 20405.
E-mail comments may be sent to RIN.3090__AG92@gsa.gov.
FOR FURTHER INFORMATION CONTACT: Sandra Batton, Travel and
Transportation Management Policy Division, at (202) 501-1538.
SUPPLEMENTARY INFORMATION:
A. Background
Pursuant to Public Law 105-264, section 2(a), the Administrator of
General Services is required to issue regulations ``after consultation
with the Secretary of the Treasury'' requiring Federal employees to use
the travel charge card established pursuant to the United States Travel
and Transportation Payment and Expense Control System, or any Federal
contractor-issued travel charge card, for all payments of expenses of
official Government travel.
Additionally, Pub. L. 105-264 requires the Administrator of General
Services to issue regulations on reimbursement of travel expenses and
collection of delinquent amounts upon written request of a Federal
contractor.
B. Regulatory Flexibility Act
This interim rule is not required to be published in the Federal
Register for notice and comment; therefore, the Regulatory Flexibility
Act does not apply.
C. Executive Order 12866
The General Services Administration (GSA) has determined that this
interim rule is not a significant regulatory action for the purposes of
Executive Order 12866 of September 30, 1993.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this interim
rule does 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 (OMB) under 44 U.S.C. 501 et seq.
E. Small Business Regulatory Enforcement Fairness Act
This interim 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 301-51, 301-52, 301-54, 301-70,
301-71, and 301-76
Government employees, Travel and transportation expenses.
For the reasons set forth in the preamble, 41 CFR Chapter 301 is
amended as follows:
1. Part 301-51 is revised to read as follows:
Sec.
PART 301-51 PAYING TRAVEL EXPENSES
301-51.1 What is the required method of payment for official travel
expenses?
301-51.2 What expenses are exempt from the mandatory use of the
Government contractor-issued travel charge card?
301-51.3 Who in my agency has the authority to grant exemption from
this requirement?
301-51.4 How may I pay for official travel expenses if I receive an
exemption from use of the Government contractor-issued travel charge
card?
301-51.5 May I use the Government contractor-issued travel charge
card for purposes other than those associated with official travel?
301-51.6 What are the consequences of using the Government
contractor-issued travel charge card for non-official travel
purposes?
301-51.7 When must I use excess or near-excess foreign currencies
owned by the United States to pay travel expenses?
Authority: 5 U.S.C. 5707.
Sec. 301-51.1 What is the required method of payment for official
travel expenses?
You are required to use the Government contractor-issued travel
charge card for all official travel expenses unless you have an
exemption.
Sec. 301-51.2 What expenses are exempt from the mandatory use of the
Government contractor-issued travel charge card?
(a) Expenses incurred at a vendor that does not accept the
Government contractor-issued travel charge card are exempt. Typical
expenses of this type include:
(1) Laundry/dry cleaning;
(2) Parking;
(3) Local transportation system; and
(4) Taxi and tips.
(b) Any other expenses may be exempted, but such exemptions require
written approval.
Sec. 301-51.3 Who in my agency has the authority to grant exemption
from this requirement?
The head of your agency or his/her designee(s).
Sec. 301-51.4 How may I pay for official travel expenses if I receive
an exemption from use of the Government contractor-issued travel charge
card?
Your agency will authorize one or a combination of the following
methods of payment:
(a) Centrally billed account;
(b) Government contractor-issued travelers check;
(c) Personal funds, including cash or personal charge card;
(d) Travel advances; or
(e) Government Transportation Request (GTR).
Note to Sec. 301-51.4: City pair contractors are not required to
accept payment by the methods in paragraphs (b), (c) or (d) of this
section.
Sec. 301-51.5 May I use the Government contractor-issued travel charge
card for purposes other than those associated with official travel?
No.
Sec. 301-51.6 What are the consequences of using the Government
contractor-issued travel charge card for non-official travel purposes?
Your agency may take appropriate disciplinary action.
Sec. 301-51.7 When must I use excess or near-excess foreign currencies
owned by the United States to pay travel expenses?
Your agency Travel Management System (TMS) should have available
[[Page 38529]]
information from the Department of State or Office of Management and
Budget bulletins when the use of excess or near excess foreign currency
will be required to pay for travel expenses.
PART 301-52--CLAIMING REIMBURSEMENT
2. The authority citation for 41 CFR part 301-52 continues to read
as follows:
Authority: 5 U.S.C. 5707.
3. Part 301-52 is amended by adding sections 301-52.17 through 301-
52.21 to read as follows:
Sec. 301-52.17 Within how many calendar days after I submit a proper
travel voucher must my agency reimburse my allowable expenses?
Your agency must reimburse you within 30 calendar days after you
submit a proper voucher to your approving official.
Sec. 301-52.18 Within how many calendar days after I submit a travel
voucher must my agency notify me of any error that would prevent
payment within 30 calendar days after submission?
Your agency must notify you within seven calendar days after its
receipt of the voucher, and must provide the reasons why the voucher is
not proper.
Sec. 301-52.19 Will I receive a late payment fee in addition to the
amount due me if my agency fails to reimburse me within 30 calendar
days after I submit a proper travel voucher?
Yes.
Sec. 301-52.20 How are late payment fees calculated?
Late payment fees are calculated using the prevailing Prompt
Payment Act Interest Rate beginning on the 31st day after
the required payment date and ending on the date on which payment is
made. In addition to this fee, your agency must also pay you an amount
equivalent to any late payment charge that the card contractor would
have been able to charge you had you not paid the bill.
Sec. 301-52.21 Does this change my obligation to pay my travel card
bill by the due date?
No, you must still pay your bill in accordance with your cardholder
agreement.
4. Part 301-54 is added to subchapter C to read as follows:
PART 301-54--COLLECTION OF UNDISPUTED DELINQUENT AMOUNTS OWED ON
BEHALF OF THE CONTRACTOR ISSUING THE GOVERNMENT CONTRACTOR-ISSUED
INDIVIDUALLY BILLED TRAVEL CHARGE CARD
Subpart A--General Rules
Sec.
301-54.1 Is my agency allowed to collect undisputed delinquent
amounts that I owe to a Government travel charge card contractor
from my disposable pay?
301-54.2 What is disposable pay?
Subpart B--Policies and Procedures
301-54.100 Are there any due process requirements with which my
agency must comply?
301-54.101 Can my agency initiate collection of undisputed
delinquent amounts if they have not reimbursed me for amounts
reimbursable under the applicable travel regulations?
301-54.102 What is the maximum amount my agency may deduct from my
disposable pay?
Authority: 5 U.S.C. 5707; 40 U.S.C. 486(c).
Subpart A--General Rules
Note to subpart A: Use of pronouns ``I'', ``you'', and their
variants throughout this subpart refers to the employee.
Sec. 301-54.1 Is my agency allowed to collect undisputed delinquent
amounts that I owe to a Government travel charge card contractor from
my disposable pay?
Yes, upon written request from the contractor.
Sec. 301-54.2 What is disposable pay?
Your compensation remaining after the deduction from your earnings
of any amounts required by law to be withheld. These deductions do not
include discretionary deductions such as health insurance, savings
bonds, charitable contributions, etc. Deductions may be made from any
type of pay you receive from your agency, e.g., basic pay, special pay,
retirement pay, or incentive pay.
Subpart B--Policies and Procedures
Note to Subpart B: Use of pronouns ``I'', ``you'', and their
variants throughout this subpart refers to the employee.
Sec. 301-54.100 Are there any due process requirements with which my
agency must comply?
Yes, your agency must:
(a) Provide you with written notice of the type and amount of the
claim, the intention to collect the claim by deduction from your
disposable pay, and an explanation of your rights as a debtor;
(b) Give you the opportunity to inspect and copy their records
related to the claim;
(c) Allow an opportunity for a review within the agency of its
decision to collect the amount; and
(d) Provide you with an opportunity to make a written agreement
with the contractor to repay the delinquent amount of the claim.
Sec. 301-54.101 Can my agency initiate collection of undisputed
delinquent amounts if they have not reimbursed me for amounts
reimbursable under the applicable travel regulations?
No.
Sec. 301-54.102 What is the maximum amount my agency may deduct from
my disposable pay?
The maximum amount it may deduct from your disposable pay is 15
percent a pay period, unless you agree in writing to a larger
percentage.
PART 301-70--INTERNAL POLICY AND PROCEDURE REQUIREMENTS
5. The authority citation for 41 CFR part 301-70 continues to read
as follows:
Authority: 5 U.S.C. 5707.
6. Part 301-70 is amended by adding Subpart H to read as follows:
Subpart H--Policies and Procedures Relating to Mandatory Use of the
Government Contractor-Issued Travel Charge Card for Official Travel
Sec.
301-70.700 Must our employees use a Government contractor-issued
travel charge card for official travel?
301-70.701 Who has the authority to grant exemptions to mandatory
use of Government contractor-issued travel charge care for official
travel?
301-70.702 What methods of payment for official travel expenses may
we authorize when an exemption from use of the Government
contractor-issued travel charge card is granted?
301-70.703 What expenses are exempt from the mandatory use of the
Government contractor-issued travel charge card?
301-70.704 Must we notify the Administrator of General Services
when we grant an exemption?
301-70.705 May an employee use the Government contractor-issued
travel charge card for purposes other than those associated with
official travel?
301-70.706 What are the consequences of using the Government
contractor-issued travel charge card for non-official travel
purposes?
[[Page 38530]]
Subpart H--Policies and Procedures Relating to Mandatory Use of the
Government Contractor-Issued Travel Charge Card for Official Travel
Sec. 301-70.700 Must our employees use a Government contractor-issued
travel charge card for official travel?
Yes, unless:
(a) A vendor does not accept the travel charge card;
(b) The Administrator of General Services has granted an exemption;
or
(c) Your agency head or his/her designee has granted an exemption.
Sec. 301-70.701 Who has the authority to grant exemptions to mandatory
use of Government contractor-issued travel charge card for official
travel?
(a) The Administrator of General Services will exempt any payment,
person, type or class of payments, or type or class of personnel in any
case in which--
(1) It is in the best interest of the United States to do so;
(2) Payment through a travel charge card is impractical or imposes
unreasonable burdens or costs on Federal employees or Federal agencies;
or
(3) The Secretary of Defense or the Secretary of Transportation
(for the Coast Guard) requests an exemption for the members of the
uniformed services.
(b) The head of a Federal agency or his/her designee(s) may exempt
any payment, person, type or class of payments, or type or class of
agency personnel if the exemption is determined to be necessary in the
interest of the agency. Not later than 30 days after granting such an
exemption, you must notify the Administrator of General Services in
writing of such exemption stating the reasons for the exemption.
Sec. 301-70.702 What methods of payment for official travel expenses
may we authorize when an exemption from use of the Government
contractor-issued travel charge card is granted?
You may authorize one or a combination of the following methods of
payment:
(a) Centrally billed account;
(b) Government contractor-issued travelers check;
(c) Personal funds, including cash or personal charge card;
(d) Travel advances; or
(e) Government Transportation Request (GTR).
Note to Sec. 301-70.702: City pair contracts are not required to
accept payment by the methods in paragraphs (b), (c) or (d) of this
section.
Sec. 301-70.703 What expenses are exempt from the mandatory use of the
Government contractor-issued travel charge card?
(a) Expenses incurred at a vendor that does not accept the
Government contractor-issued travel charge card are exempt. Typical
expenses of this type include:
(1) Laundry/dry cleaning;
(2) Parking;
(3) Local transportation system; and
(4) Taxi and tips.
(b) Any other expenses may be exempted, but such exemptions require
written approval.
Sec. 301-70.704 Must we notify the Administrator of General Services
when we grant an exemption?
Yes, you must notify the Administrator of General Services in
writing within 30 days after granting the exemption, stating the
reasons for the exemption.
Sec. 301-70.705 May an employee use the Government contractor-issued
travel charge card for purposes other than those associated with
official travel?
No.
Sec. 301-70.706 What are the consequences of using the Government
contractor-issued travel charge card for non-official travel purposes?
You may take appropriate disciplinary action.
PART 301-71--AGENCY TRAVEL ACCOUNTABILITY REQUIREMENTS
7. The authority citation for 41 CFR part 301-71 continues to read
as follows:
Authority: 5 U.S.C. 5707.
8. Part 301-71 is amended by revising section 301-71.204 and by
adding sections 301-71.208 through 301-71.211 to Subpart C to read as
follows:
Sec. 301-71.204 Within how many calendar days after the submission of
a proper travel voucher must we reimburse the employee's allowable
expenses?
You must reimburse the employee within 30 calendar days after the
employee submits a proper voucher to the approving official.
Sec. 301-71.208 Within how many calendar days after receipt of the
travel voucher must we notify the employee of any errors in the
voucher?
You must notify the employee within seven calendar days after
agency receipt of the voucher and provide the reasons why the voucher
is not proper.
Sec. 301-71.209 Must we pay a late payment fee in addition to the
amount due the employee if we fail to reimburse the employee within 30
calendar days after receipt of a proper travel voucher?
Yes.
Sec. 301-71.210 How do we calculate late payment fees?
Late payment fees must be calculated using the prevailing Prompt
Payment Act Interest Rate beginning on the 31st day after the required
payment date and ending on the date on which payment is made. In
addition to this fee, you must also pay an amount equivalent to any
late payment charge that the card contractor would have been able to
charge the employee had the bill not been paid. Payment of this
additional fee will be based upon the effective date that a late
payment charge would be allowed under the agreement between you and the
card contractor.
Sec. 301-71.211 Does this change the employee's obligation to pay
their travel card bill by the due date?
No, the employee must still pay their bill in accordance with their
cardholder agreement.
9. Part 301-76 is added to read as follows:
PART 301-76--COLLECTION OF UNDISPUTED DELINQUENT AMOUNTS ON BEHALF
OF THE CONTRACTOR ISSUING THE GOVERNMENT CONTRACTOR-ISSUED
INDIVIDUALLY BILLED TRAVEL CHARGE CARD
Subpart A--General Rules
Sec.
301-76.1 May we collect undisputed delinquent amounts owed to a
Government travel charge card contractor by an employee (including
members of the uniformed services) from the employee's disposable
pay?
301-76.2 What is disposable pay?
Subpart B--Policies and Procedures
301-76.100 Are there any due process requirements with which we
must comply?
301-76.101 Who is responsible for ensuring that all due process and
legal requirements have been met?
301-76.102 Can we collect undisputed delinquent amounts if we have
not reimbursed the employee for amounts reimbursable under
applicable travel regulations?
301-76.103 What is the maximum amount we may deduct from the
employee's disposable pay?
Authority: 5 U.S.C. 5707.
[[Page 38531]]
Subpart A--General Rules
Sec. 301-76.1 May we collect undisputed delinquent amounts owed to a
Government travel charge card contractor by an employee (including
members of the uniformed services) from the employee's disposable pay?
Yes, upon written request from the contractor and in accordance
with the procedures specified in Sec. 301-76.100. You must promptly
forward all amounts deducted to the contractor.
Sec. 301-76.2 What is disposable pay?
The part of the employee's compensation remaining after the
deduction of any amounts required by law to be withheld. These
deductions do not include discretionary deductions such as health
insurance, savings bonds, charitable contributions, etc. Deductions may
be made from any type of pay, e.g., basic pay, special pay, retirement
pay, or incentive pay.
Subpart B--Policies and Procedures
Sec. 301-76.100 Are there any due process requirements with which we
must comply?
Yes, you must:
(a) Provide the employee with written notice of the type and amount
of the claim, the intention to collect the claim by deduction from his/
her disposable pay, and an explanation of his/her rights as a debtor;
(b) Give the employee the opportunity to inspect and copy your
records related to the claim;
(c) Allow an opportunity for a review within the agency of your
decision to collect the amount; and
(d) Provide the employee an opportunity to make a written agreement
with the contractor to repay the delinquent amount.
Sec. 301-76.101 Who is responsible for ensuring that all due process
and legal requirements have been met?
You are responsible for ensuring that all requirements have been
met.
Sec. 301-76.102 Can we collect undisputed delinquent amounts if we
have not reimbursed the employee for amounts reimbursable under
applicable travel regulations?
No.
Sec. 301-76.103 What is the maximum amount we may deduct from the
employee's disposable pay?
The maximum amount you may deduct from the employee's disposable
pay is 15 percent per pay period, unless the employee consents in
writing to deduction of a greater percentage.
Dated: July 13, 1999.
David J. Barram,
Administrator of General Services.
[FR Doc. 99-18291 Filed 7-15-99; 8:45 am]
BILLING CODE 6820-34-P
