[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]



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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__AG[email protected].

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