[Federal Register Volume 60, Number 216 (Wednesday, November 8, 1995)]
[Rules and Regulations]
[Pages 56246-56248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27475]
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GENERAL SERVICES ADMINISTRATION
41 CFR Part 101-41
[FPMR Amendment G-110]
RIN 3090-AF53
Use of Cash To Procure Official Passenger Transportation Services
AGENCY: Federal Supply Service, GSA.
ACTION: Final rule.
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SUMMARY: This regulation amends the Federal Property Management
Regulations (FPMR) to grant agency heads or their designated
representatives authority to approve all cash purchases of passenger
transportation services. Although agency heads or their designated
representatives currently have permanent authority to approve emergency
cash purchases, their authority to approve nonemergency cash purchases
of transportation services in excess of $100 was temporary and expired
on July 31, 1995 (see FPMR Temporary Regulation G-57, Supp. 1). This
amendment gives agencies permanent authority to approve all cash
purchases of passenger transportation services.
EFFECTIVE DATE: August 1, 1995.
FOR FURTHER INFORMATION CONTACT:
John W. Sandfort, Chief, Policy, Procedures, and Liaison Branch, Office
of Transportation Audits (202-219-3164).
SUPPLEMENTARY INFORMATION: FPMR Temporary Regulation G-57, published in
the Federal Register on July 26, 1993 (58 FR 39664), invited agency
comments through December 31, 1993, concerning the revised cash policy.
Comments were
[[Page 56247]]
received from one Federal agency which asked that GSA clarify the
policy in Secs. 101-41.203-1 and 101-41.203-2(d) by indicating the
limitations to be applied against a traveler for purchasing
transportation tickets from other than a carrier or Travel Management
Center (TMC) under GSA contract. This agency also suggested that the
cash limit be raised from $100 to $300.
The Federal Travel Regulation contains in 41 CFR Part 301-15 the
general policy regarding use of travel agents and TMC's by Federal
executive agencies and specifies in Sec. 301-3.4 when a one-time
exception may be granted, the reimbursement amount allowed, and when
reimbursement denial is appropriate. We believe incorporation of this
policy by reference in Sec. 101-41.203-1 is sufficient and that
verbatim repetition is not needed.
Additionally, we are concerned that raising the cash limit would
increase the likelihood of more travelers using cash to avoid use of
contract fares, make audit of passenger transportation costs
impracticable, and conflict with the Government's overall policy of
reducing the use of cash. For these reasons, we have determined that it
would not be prudent to raise the cash limit. Agencies should be
mindful that a cash purchase which exceeds the established limit should
be the occasional exception and not the standard.
The General Services Administration (GSA) has determined that this
rule is not a significant regulatory action for the purposes of
Executive Order 12866.
Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act, it is determined that
this rule will not have a significant economic impact on a substantial
number of small entities. Therefore, no regulatory flexibility analysis
has been prepared.
The reporting forms required by this regulation are not subject to
the provisions of Pub. L. 96-511, the Paperwork Reduction Act of 1980,
and Subpart 201-45.6 of this title.
List of Subjects in 41 CFR Part 101-41
Accounting, Air carriers, Claims, Maritime carriers, Passenger
services, Railroads, Transportation.
For the reasons set out in the preamble, 41 CFR Part 101-41 is
amended as follows:
PART 101-41--TRANSPORTATION DOCUMENTATION AND AUDIT
1. The authority citation for Part 101-41 continues to read as
follows:
Authority: 31 U.S.C. 3726 and 40 U.S.C. 486(c).
Subpart 101-41.2--Passenger Transportation Services Furnished for
the Account of the United States
2. Section 101-41.203-1 is amended by revising the heading and
paragraph (a) to read as follows:
Sec. 101-41.203-1 Procurement from carriers.
(a) All passenger transportation services shall be procured with a
GTR, Government contractor-issued charge card, or centrally billed
account unless otherwise provided in Sec. 101-41.203-2 of this subpart.
Agency heads or their designees may specify which of these Government-
provided methods of payment, or combination thereof, travelers will use
to procure official passenger transportation services. Such services,
regardless of the procurement method specified by the agency, must be
procured directly from either a carrier or a travel agent. A travel
agent may be used only as prescribed in the Federal Travel Regulation
(FTR), 41 CFR chapters 301-304 or applicable regulations of the
Department of Defense (DOD).
* * * * *
3. Section 101-41.203-2 is revised to read as follows:
Sec. 101-41.203-2 Use of cash.
(a) A GTR or Government excess baggage authorization ticket (GEBAT)
shall not be used to procure passenger transportation services costing
$10 or less, exclusive of Federal transportation tax, and to pay air
excess baggage charges of $15 or less for each leg of a trip (see
Sec. 101-41.203-6), unless special circumstances justify their use. The
contractor-issued charge card or centrally billed account shall be used
for these purchases when practical. When not practical, use of cash may
be authorized or approved. To procure passenger transportation services
costing more than $10 but not more than $100, exclusive of Federal
transportation tax, the GTR, Government contractor-issued charge card,
or centrally billed account shall be used. Cash may be used for these
purchases only when none of the other procurement methods is practical.
For passenger transportation services costing more than $100, excluding
Federal transportation tax, only a GTR, Government contractor-issued
charge card, or centrally billed account may be used unless otherwise
exempted in this subpart.
(1) When the use of cash is authorized to purchase the services set
forth in paragraph (a) of this section, cash payment may be made with a
travel advance in accordance with provisions of the FTR (41 CFR 301-
10.3).
(2) Any credit card, other than the Government contractor-issued
charge card, and all travelers checks shall be considered the
equivalent of cash and subject to the $100 limitation provided in
paragraph (a) of this section.
(Note--To protect the integrity of the Government charge card
program designed for payment of allowable travel and transportation
expenses incurred in connection with official travel, travelers
shall be discouraged from using personal credit cards.)
(3) Procurement of passenger transportation services under the
group or charter provisions of the FTR (41 CFR 301-3.4(b)(2)) is not
subject to the provisions of this subpart.
(4) Authorization under paragraph (b) of this section to use cash
in excess of $100 should be obtained prior to travel. In the absence of
advance written authorization or approval, passenger transportation
services exceeding $100 shall be purchased in accordance with policies
and procedures prescribed in applicable Government travel regulations.
It is a traveler's responsibility to know that use of a GTR, Government
contractor-issued charge card, or centrally billed account may be
required to obtain certain discount fares and to comply with the
mandatory provisions of the FTR governing the use of contract airline
service. Cash shall not be used to circumvent the regulations governing
airline contracts.
(b) Cash purchases of transportation services in excess of $100
shall be discouraged and each agency shall establish procedures to
encourage Federal travelers to use a Government contractor-issued
charge card, centrally billed account, or GTR instead of cash to
purchase passenger transportation services. Agencies shall monitor and
control cash purchases of transportation services in a manner that will
ensure such purchases are kept to a minimum.
(1) When a Federal traveler does not use a GTR, Government
contractor-issued charge card, or centrally billed account, heads of
agencies, or their designated representatives, may in limited instances
authorize travelers to exceed the $100 limitation when procuring
passenger transportation services.
(i) Each agency shall establish guidelines for approval of cash
purchases in excess of $100 and determine if the use of cash is due to:
(A) emergency circumstances (where use of a GTR, Government
contractor-issued charge card, or centrally billed account was not
possible); or
[[Page 56248]]
(B) agency failure to advise a new employee and/or invited or
infrequent traveler of proper procedures for purchasing transportation
services.
(ii) If a cash purchase is determined to have been made under a
nonemergency circumstance, reimbursement shall not exceed the cost
which would have been properly chargeable to the Government if the
transportation services had been procured using one of the Government-
provided methods of procurement. Should a Federal employee make cash
purchases without just cause or deliberately attempt to circumvent use
of GSA air or rail service programs for personal convenience or some
other reason not consistent with sound travel management practices, the
agency may, as provided in 31 U.S.C. 3702, send all documents related
to the travel to the Comptroller General, General Accounting Office,
Claims Section, Washington, DC 20548, for a decision on the traveler's
right to reimbursement.
(2) Delegation of authority for authorizing and approving the use
of cash in excess of $100 for the procurement of transportation
services shall be held to as high an administrative level as
practicable to ensure adequate consideration and review of the
circumstances. Any such delegation shall be made in writing and copies
shall be retained to permit monitoring of the system. The agency shall
make delegation of authority records available for examination by GSA
auditors.
(3) To justify the use of cash in excess of $100 when procuring
passenger transportation services, both the agency head, or the
designated representative, and the traveler shall certify on the travel
voucher the necessity for such use.
(4) After a traveler has been reimbursed for a cash purchase,
copies of travel authorizations, ticket coupons, and any ticket refund
applications, or SF's 1170, Redemption of Unused Tickets, shall be
forwarded for audit to the General Services Administration,
Transportation Audit Division (FWA), Attention: Code E, Washington, DC
20405.
(5) The agency shall maintain travel vouchers and make them
available for site audit by GSA auditors. General Records Schedule 9,
Travel and Transportation Records (see 36 CFR 1228.22), provides
instructions for the disposal of travel vouchers.
(c) GSA (FWA) will report to the appropriate military or civilian
agency travel manager for appropriate action suspected travel
management errors and/or misroutings which result in higher travel
costs to the Government.
(d) A traveler who uses cash to purchase individual passenger
transportation services shall procure such services directly from the
carrier or from a travel agent under GSA or DOD contract (see Sec. 101-
41.203-1), and shall account for those expenses on their travel
vouchers, furnishing passenger coupons or other evidence as appropriate
in support thereof. Moreover, travelers shall assign to the Government
the right to recover any excess payments involving carriers' use of
improper rates. That assignment must be preprinted or otherwise
annotated on the travel voucher and shall be initialed by the traveler.
(e) Travelers using cash to procure passenger transportation
services shall be made aware by their employing agencies of the
provisions of Sec. 101-41.209-4 concerning a carrier's liability for
liquidated damages because of failure to provide confirmed reserved
space. Also, travelers using cash shall adhere to the regulations of
the General Accounting Office (4 CFR 52.2) regarding the use of U.S.-
flag vessels and air carriers (see Sec. 101-41.203-1(b)).
Appendix to Subchapter G [Amended]
4. The appendix to subchapter G is amended by removing FPMR Temp.
Reg. G-57 and G-57 Supp. 1.
Dated: October 26, 1995.
Roger W. Johnson,
Administrator of General Services.
[FR Doc. 95-27475 Filed 11-7-95; 8:45 am]
BILLING CODE 6820-24-M