[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





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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  

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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?

* * * * *

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------------------------------------------------------------------------
                 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
------------------------------------------------------------------------
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]
BILLING CODE 6820-34-C