[Federal Register Volume 68, Number 245 (Monday, December 22, 2003)]
[Rules and Regulations]
[Pages 71026-71032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31225]


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GENERAL SERVICES ADMINISTRATION

41 CFR Parts 300-3, 301-50, 301-52, 301-70, and 301-73

[FTR Amendment 2003-07; FTR Case 2003-303]
RIN 3090-AH83


Federal Travel Regulation; eTravel Service (eTS)

AGENCY: Office of Governmentwide Policy, General Services 
Administration (GSA).

ACTION: Final rule.

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SUMMARY: This final rule is issued to amend the Federal Travel 
Regulation's (FTR) required use of a travel management service to the 
required use of the Governmentwide eTravel Service. This final rule 
revises the term and definition of ``Travel Management System (TMS)'' 
to ``Travel Management Service.'' This final rule amends FTR 
requirements governing employees' use of their agencies' Travel 
Management Services (TMS) and the eTravel Service (eTS). This final 
rule also requires agencies to submit migration plans and schedules to 
the eTravel Program Management Office (PMO) no later than March 31, 
2004, implement the eTS no later than December 31, 2004, and complete 
migration to eTS for full agency-wide use by September 30, 2006 (unless 
an exception, as defined within this regulation has been granted). This 
final rule specifies that award of a task order to a vendor under the 
eTS Master Contract constitutes eTS implementation. These changes will 
improve management efficiency and increase cost effectiveness.

DATES: Effective Date: January 21, 2004.

FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, Room 4035, 
GS Building, Washington, DC, 20405, (202) 208-7312, for information 
pertaining to status or publication schedules. For clarification of 
content, contact Umeki Thorne, Office of Governmentwide Policy, Travel 
Management Policy, at (703) 872-8590. Please cite FTR case 2003-303, 
FTR Amendment 2003-07.

SUPPLEMENTARY INFORMATION:

A. Background

    The President's Management Agenda (PMA) for fiscal year 2002 
identified five Governmentwide goals to improve Federal management and 
deliver results. This resulted in the establishment of a Governmentwide 
task force known as QuickSilver to address performance gaps in existing 
Government systems as they relate to E-Government, and to improve 
internal efficiency and effectiveness throughout the Federal 
Government. Accordingly, in support of the PMA, the Government is 
procuring the eTravel Service (eTS) from Government contract suppliers 
to replace agencies' current Travel Management Systems (TMS) (see 
section 301-1.1 of the FTR for the definition of ``agency''). This 
final rule amends the FTR by requiring, with specified exceptions, the 
use of the common Governmentwide, end-to-end eTS. This regulation does 
not apply to the Department of Defense or the Government of the 
District of Columbia.
    This final rule continues to be written in the ``plain language'' 
style of regulation writing as a continuation of the General Services 
Administration's (GSA) effort to make the FTR easier to understand and 
use. Questions are in the first person, and answers are in the second 
person. GSA uses a ``we'' and ``you'' question when referring to an 
agency, and an ``I'' and ``you'' question when referring to the 
employee. However, the rules stated in either section apply to both the 
employee and agency.
    A proposed rule with request for comments was published in the 
Federal Register on June 30, 2003 (68 FR 38661). During the 30-day 
comment period, GSA received feedback from ten Federal agencies and one 
individual. GSA has carefully reviewed each comment, and based on those 
comments, this final rule modifies the proposed rule. An explanation of 
changes and/or further responses to questions received are discussed as 
follows.

Section 300-3.1 Glossary of Terms

    One agency asked for a definition of ``in-house system'' and 
suggested that GSA rearrange the wording within the definition of 
``travel management service'' to make it clear that an ``in-house 
system'' is not a part of a commercial method of arranging travel. GSA 
addresses this comment by stating that an ``in-house (travel) system'' 
is where some or all of an agency's travel processes (e.g., travel 
reservation and ticketing services) are provided by the agency's 
employees. GSA has also rearranged the wording within the definition of 
``travel management service'' to distinguish between an agency's ``in-
house system'' and an agency's commercial method of arranging travel.

Section 301-50.3 Must I Use the eTravel Service To Arrange My Travel?

    Scope of eTravel Service. This section defines the scope of the 
eTS, as well as the required date of agencies' full

[[Page 71027]]

deployment. One Federal agency pointed out that the policy requirements 
in this section, which stated that this regulation applies to all 
Executive branch agencies, conflicted with the statement in the Summary 
of the proposed rule, which stated that the eTS will require all 
agencies subject to the Federal Travel Regulation (FTR) to begin 
migration to the eTS as soon as possible. GSA appreciates and agrees 
with this comment. As a result, GSA has revised the section to clarify 
that this rule applies to all agencies as defined in section 301-1.1, 
with the exception of the Department of Defense and the Government of 
the District of Columbia.
    One agency stated that because agencies may phase in the eTS at 
different times for its various organizational components, the 
requirement should be that an employee must use the eTS when the agency 
makes the service available to the employee. GSA agrees with this 
comment. The regulation's intent is that employees will begin using eTS 
when the service becomes available within an agency, unless an 
exception applies under section 301-50.4, 301-73.102 or 301-73.104, and 
the agency will make it available no later than September 30, 2006. As 
a result, section 301-50.3 has been modified.

Section 301-50.4 May I Be Granted an Exception to the Required Use of 
the eTravel Service?

    The section heading in the proposed rule, ``Who in my agency has 
the authority to waive the required use of a Travel Management Service 
or the eTravel Service,'' has been revised to read, ``May I be granted 
an exception to the required use of the eTravel Service?''

Section 301-50.5 What Is My Liability If I Do Not Use My Agency's TMS 
or the eTravel Service and an Exception Has Not Been Approved?

Section 301-50.6 Are There Any Limits on the Travel Arrangements I May 
Make?

    One agency stated that sections 301-50.5 and 301-50.6 should be 
reversed. GSA is not persuaded that this change is needed, and the 
order of these sections remains unchanged.

Section 301-50.6 Are There Any Limits on the Travel Arrangements I May 
Make?

    Limitations On The Use of Travel Management Services. This section 
imposes certain requirements and limitations on arranging for travel 
services. One agency stated that GSA should clarify that there are 
other regulations, contract provisions, etc., with which both travelers 
and TMS providers must comply when making common carrier, lodging, or 
car rental reservations. GSA has considered this change and has added a 
sentence to this section to acknowledge that there may be additional 
limits on the travel arrangements that a traveler makes.

Section 301-52.3 Am I Required To File a Travel Claim in a Specific 
Format and Must the Claim Be Signed?

    This section describes the process for filing a travel claim. One 
agency questioned whether this section applies to infrequent Government 
travelers, Government employees traveling for an agency/bureau other 
than the employing agency, and invitational travelers. GSA's answer is 
yes. The use of eTS applies to all travelers subject to the FTR, with 
the exception of employees of the Department of Defense and the 
Government of the District of Columbia. However, an agency head or his/
her designee may grant individual case-by-case exceptions to the use of 
eTS in accordance with sections 301-73.102 and 301-73.104 of this 
regulation. In addition, if a traveler is unable to use a portion of 
the eTS, (e.g., reservation services), the traveler is not exempt from 
the requirement to use the remaining eTS components.

Section 301-73.2 What Are Our Responsibilities as Participants in the 
Federal Travel Management Program?

    This section defines what an agency must do under the Federal 
travel management program. One agency asked how would an agency support 
eTS in an ``efficient'' and ``cost effective'' manner and determine 
that support is ``efficient'' and ``cost effective'' other than through 
normal contracting procedures. GSA's response is that an agency can 
determine if its current TMS is cost effective by comparing its current 
service costs and benefits to the cost of services and benefits 
provided by the eTS contract. This will be accomplished through a 
competitive task order evaluation among the eTS contractors.

Section 301-73.100 Must We Require Employees To Use the eTravel 
Service?

    This section sets the dates by which agencies must implement the 
eTS. eTS implementation is when an agency places a task order with an 
eTS vendor. It was unclear to one agency what GSA meant by the 
parenthetical ``if applicable'' in the note to this section. GSA agrees 
that the words ``if applicable'' may have been confusing to the reader 
and has therefore removed the use of these words throughout this 
regulation.
    Two agencies requested more clarification in regard to the 
statement ``Agency-wide use of the eTS accommodating FedTrip through 
September 30, 2004, and agency-contracted TMC support * * *''. GSA 
provides the following clarification: The Department of 
Transportation's Governmentwide contract with FedTrip will expire on 
September 30, 2004. Until that time, the eTS will accommodate agencies' 
use of FedTrip. Upon expiration of the FedTrip contract, the eTS-
provided on-line booking engine(s) (OBEs) will become the designated 
OBE(s) for all agencies as defined in section 301-1.1 of this 
regulation, except for the Government of the District of Columbia and 
the Department of Defense. In addition, the note to this section has 
been revised to clarify that agencies may continue to use non-eTS 
government-contracted TMC services.

Section 307-73.101 How Must We Prepare To Implement the eTravel 
Service?

    This section outlines the steps agencies should take to prepare for 
eTS migration. One agency stated that budgetary and personnel 
allocations should not be part of the FTR and that the eTS final rule 
should establish goals or targets for implementing eTS, but not direct 
agencies on budgetary or personnel matters. GSA agrees that normally 
the FTR would not address how an agency should arrange its travel 
related budget or personnel requirements. In this instance, however, 
GSA believes it is very important for agencies to prepare for the eTS 
migration/implementation by establishing their budget and personnel 
resources. GSA did, however, remove the provisions as a requirement 
under paragraph (c) and established it as a ``Note'' to provide 
guidance to agencies.

301-73.102 May We Grant an Employee an Exception From the Use of the 
eTravel Service?

301-73.104 May Further Exceptions to the Required Use of the eTravel 
Service Be Approved?

    Section 301-73.102 governs agency approval of exceptions to the use 
of the eTS on an individual case-by-case basis; section 301-73.104 
governs approval of exceptions on an agency-wide basis, or a sub-
component thereof. Two agencies stated that the exceptions in the 
proposed rule were too limited and that an agency might have need for 
exceptions other than those listed. GSA

[[Page 71028]]

has considered these comments and modified section 301-73.102 to 
broaden the circumstances under which an agency head may approve 
exceptions on an individual case-by-case basis. GSA has also modified 
section 301-73.104 to broaden circumstances under which GSA may grant 
an exception to a Department (or component thereof) or an Independent 
agency.

General Comments

    eTravel Service (eTS) and Travel Management Service. One agency 
commented that the statement ``eTS will replace Executive agencies' 
current Travel Management System'' clearly conflicts with other 
portions of the regulation that are intended to give agencies choices 
in obtaining travel agent services (i.e., Government-contracted TMCs) 
outside of the eTS, while another agency stated that if the definition 
of a TMS were expanded, agencies would have flexibility to move to a 
system that might not require the intervention of a travel agency. 
GSA's response is that an agency may choose to incorporate a non eTS-
provided TMC into eTS or use the eTS provided TMC services. However, 
the intent of eTS is not to replace an agency's Government-contracted 
TMC, but to deliver a unified, simplified service that delivers a cost 
effective travel experience, supports excellent travel management, and 
results in superior customer satisfaction. The eTS contractors must 
accommodate agency-contracted TMCs. GSA has revised the notes to 
sections 301-73.100 and 301-73.106 to better reflect this intent.
    Adoption/Delay of Implementation. One agency asked if their agency 
should develop its own eTS or wait for the Governmentwide eTS. GSA's 
response is that use of the Governmentwide eTS is a requirement for all 
agencies subject to the FTR, with the exception of the Department of 
Defense and the Government of the District of Columbia. GSA has 
cautioned agencies against investing in new systems that will be 
agency-specific and non-transferable to the Governmentwide eTS.
    One agency stated that GSA should change the agency's full 
deployment date of eTS from September 30, 2006 to December 31, 2007, 
and implementation from December 31, 2004 to December 31, 2005, while 
another agency stated that the required use of eTS should be delayed, 
or waivers granted, until eTS is tested and costs are known and 
benefits are shown. GSA's response is that migrating to eTS will 
improve internal efficiency and effectiveness throughout the Federal 
Government. In support of the President's Management Agenda for fiscal 
year 2002, representatives from twenty-seven agencies serving on the 
QuickSilver Task Force identified web-based travel management services 
as a high impact initiative. These benefits have been validated through 
business case analysis published under OMB 300/Exhibit 53 which 
outlines the funding for each agency to use for migration and full 
deployment to eTS. This information may be obtained through your 
agency's Chief Information Officer. Delayed migration to the eTS would 
unnecessarily delay cost savings and service benefits to agencies; for 
that reason, GSA is committed to its scheduled migration/full 
deployment dates.
    eTS and DTS. One individual asked if the eTS will replace the DTS. 
GSA's response is no. Although the eTS is available for use by the 
Department of Defense (DOD), DOD has developed the DTS for its use.
    Small Agencies/(eTS and International Travel/Training on eTS). One 
agency asked how eTS will incorporate small commissions/agencies, 
handle international travel, and if training will be provided on the 
program's application. The eTS will support all agencies, large and 
small. As a commercially hosted service, eTS is well-positioned to 
serve small agencies with a minimum investment and no IT overhead. If a 
small commission/agency receives travel management services (electronic 
authorizations and/or vouchers) from a larger cross-servicing agency, 
GSA recommends the small agency to work with the large agency to 
understand the large agency's plan and timeline for migrating to eTS. A 
small agency may determine there is value in continuing a relationship 
with the servicing agency, or it may migrate to eTS independently of 
the large agency.
    Processing international travel through the eTS will be the same as 
processing domestic travel. Travelers will have access to an online 
booking engine with the ability to view and book international 
reservations (air, hotel, rental, car, etc.) without calling a travel 
agent. The eTS also includes traditional travel agency services should 
a traveler require the assistance of a travel agent for more complex 
international (or domestic) trips. (Note: An agency may continue to use 
its own TMC in conjunction with eTS, or it may use the TMC provided by 
its eTS vendor.)
    The eTS vendors are required to provide training on the standard 
migration services. Additionally, each vendor may provide supplemental 
training services at the agency's option.
    Migration to eTS. One agency asked what GSA means by the term 
``migration.'' GSA defines ``migration'' as when an agency is actively 
moving from its current travel management service to the eTS. Migration 
begins when an agency submits its migration plan to the eTravel PMO and 
ends when an agency has fully deployed the eTS.
    One agency stated that it would submit its migration plan and 
schedule within three months, once the eTS vendors are selected and 
they know what steps need to be taken. As long as this agency submits 
its migration plan and schedule to the eTravel PMO no later than March 
31, 2004, it will be in compliance with this regulation. Migration 
plans are the roadmap for agencies to migrate to eTS. The migration 
plan represents tasks and key decisions each agency must map out in 
order to make an informed and intelligent decision regarding its eTS 
migration.
    One agency asked whether all bureaus within an agency have to begin 
migration to eTS for an agency to receive credit for beginning 
migration. GSA's response is yes. An agency's migration to the eTS 
begins when it submits to the eTravel PMO the agency's plan to migrate 
all bureaus/activities to eTS. Agencies are strongly encouraged to 
submit a task order that will include the handling of all activities 
under its organization (i.e., a task order signed by the designated 
authority at a Department (for cabinet-level agencies) or the head of 
an Independent Agency that will apply to all its sub-organizations 
under its Department or Independent agency).
    One agency asked what the eTS PMO will do if an agency does not 
have funds to migrate to the eTS. The eTS PMO has been working with the 
Office of Management and Budget (OMB) and Federal financial officers to 
identify funds for migration to the eTS during fiscal year 2004/2005 
budget cycles. The OMB has indicated that its resource management 
officers are working with agencies to allocate funding for all E-
Government Initiatives launched in support of the President's 
Management Agenda published in FY 2002. The note in section 301-73.101 
of this regulation provides guidance to agencies on the importance of 
allocating budgets and establishing personnel resources to support the 
migration to eTS.
    Funds. One agency stated that agencies may incur expenses to end or 
modify contracts with TMCs in order to migrate to eTS. That agency 
asked if the eTS PMO will subsidize or account for such costs. GSA's 
response is, expenses incurred as a result of contractual actions 
related to orders for travel management services are the

[[Page 71029]]

responsibility of the ordering agency. This applies for orders placed 
under GSA contract vehicles, as well as orders under other agency 
contracts. When an agency prepares its migration plan, it should 
identify the types of constraints it may encounter and take steps to 
mitigate any risk by coordinating eTS migration schedules to address 
risk mitigation strategies, such as the expiration of contract option 
periods. We note that this FTR amendment does permit an agency to 
continue using its existing TMC in conjunction with eTS.
    One agency asked, if GSA will publish eTS metrics and baseline 
costs per transaction so that agencies have a benchmark to determine if 
it would be impractical from a cost perspective to migrate to eTS. 
GSA's response is yes. The eTS PMO will provide a contractor-pricing 
schedule that will identify transactional costs for reservations, 
online voucher services costs and charges for other services to assist 
agencies in comparing their current systems to eTS.
    One agency stated that GSA should identify and publish the cost it 
plans to charge agencies/bureaus for the eTS. The eTS PMO will provide 
the Industrial Funding Fee (IFF) and contractor price schedules.
    FPLP. One agency stated that its employees have found that they can 
stay at an FPLP lodging facility at a greatly reduced fee if they do 
not identify themselves as a Federal traveler, and that rooms can be 
obtained at rates at a significantly lower rate than the Government 
published rate. When selecting a commercial lodging facility, first 
consideration must be given to the commercial lodging facilities 
contracted by GSA under the FPLP that meet the fire safety 
requirements, where available, unless certain conditions exist under 
section 301-50.6 of this regulation. However, when a traveler can 
obtain a lower rate at an FPLP lodging facility, the employee is 
encouraged to do so. This is consistent with the long-standing policy 
that employees should exercise the same standards of care when 
incurring expenses on official business that a prudent person would 
exercise if traveling on personal business. During a sluggish economy, 
hotels are deeply discounting rooms forecasted not to sell within a 
short window of time. However, in a better economy, hotels need not 
reduce rates, and may increase them. When companies and Government 
agencies negotiate long term discounted lodging rates for their 
preferred lodging programs, these rates are based on a year-long 
commitment not subject to changes in the economy, and these rates 
provide overall better value to travelers.

B. Executive Order 12866

    This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

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 changes to 
the FTR do not impose recordkeeping or information collection 
requirements, or the collection of information from offerors, 
contractors, or members of the public that require the approval of the 
Office of Management and Budget under 44 U.S.C. 3501, et seq.

E. Small Business Regulatory Enforcement Fairness 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, 301-50, 301-52, 301-70, and 
301-73

    Government employees, Travel and transportation expenses.

    Dated: December 8, 2003.
Stephen A. Perry,
Administrator of General Services.


0
For the reasons set out in this preamble, 41 CFR parts 300-3, 301-50, 
301-52, 301-70, and 301-73 are amended as set forth below:

PART 300-3--GLOSSARY OF TERMS

0
1. The authority citation for 41 CFR part 300-3 is revised 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. 121(c); 49 U.S.C. 40118; 
E.O. 11609, 3 CFR, 1971-1975 Comp., p.586.

0
2. Amend Sec.  300-3.1 by removing the term and definition ``Travel 
Management System (TMS)''; and adding in alphabetical order the terms 
and definitions, ``eTravel Service (eTS)'' and ``Travel Management 
Service (TMS)'' to read as follows:


Sec.  300-3.1  What do the following terms mean?

* * * * *
    eTravel Service (eTS)--The Government-contracted, end-to-end travel 
management service that automates and consolidates the Federal travel 
process in a self-service Web-centric environment, covering all aspects 
of official travel, including travel planning, authorization, 
reservations, ticketing, expense reimbursement, and travel management 
reporting. The eTS provides the services of a Federal travel management 
program as specified in Sec.  301-73.1(a), (b), and (e) of this title.
* * * * *
    Travel Management Service (TMS)--A service for booking common 
carrier (e.g., air, rail, and bus confirmations and seat assignments), 
lodging accommodations, and car rental services; fulfilling (i.e. 
ticketing) reservations; providing basic management information on 
those activities; and meeting other requirements as specified in Sec.  
301-73.106 of this title. A TMS may include a travel management center 
(TMC), Commercial Ticket Office (CTO), an electronically available 
system, other commercial methods of arranging travel, or an in-house 
system.
* * * * *

PART 301-50--ARRANGING FOR TRAVEL SERVICES

0
3. Revise part 301-50 to read as follows:

Sec.
301-50.1 To whom do the pronouns ``I'', ``you'', and their variants 
throughout this part refer?
301-50.2 How must I arrange my travel?
301-50.3 Must I use the eTravel Service to arrange my travel?
301-50.4 May I be granted an exception to the required use of the 
eTravel Service?
301-50.5 What is my liability if I do not use my agency's TMS or the 
eTravel Service, and an exception has not been approved?
301-50.6 Are there any limits on travel arrangements I may make?

    Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c).


Sec.  301-50.1  To whom do the pronouns ``I'', ``you'', and their 
variants throughout this part refer?

    In this part, the pronouns ``I'', ``you'', and their variants refer 
to the employee.


Sec.  301-50.2  How must I arrange my travel?

    You must arrange your travel as designated by your agency and in 
accordance with this part.


Sec.  301-50.3  Must I use the eTravel Service to arrange my travel?

    Yes, if you are an employee of an agency as defined in Sec.  301-
1.1 of this chapter, you must use the eTravel

[[Page 71030]]

Service when your agency makes it available to you. Until then, you 
must use your agency's existing Travel Management System (TMS) to make 
your travel arrangements. If you are an employee of the Department of 
Defense (DoD) or of the Government of the District of Columbia, you 
must arrange your travel in accordance with your agency's TMS.


Sec.  301-50.4  May I be granted an exception to the required use of 
the eTravel Service?

    Your agency head or designee(s) may grant case-by-case exceptions 
to the use of eTS when it--
    (a) Causes an unreasonable burden on your agency mission 
accomplishment(s) (e.g., emergency travel (and eTS is not accessible), 
invitational travel, necessity of disability accommodations or special 
needs (in accordance with part 301-13 of this chapter));
    (b) Compromises a national security interest; or
    (c) May endanger the life of the traveler (e.g., an individual 
traveling under the Federal witness protection program, or threatened 
law enforcement/investigative personnel traveling in accordance with 
part 301-31 of this chapter).


Sec.  301-50.5  What is my liability if I do not use my agency's TMS or 
the eTravel Service, and an exception has not been approved?

    If you do not have an approved exception under Sec. Sec.  301-50.4 
or 301-73.104 of this chapter, you are responsible for any additional 
costs resulting from the failure to use the TMS or eTravel Service, 
including service fees, cancellation penalties, or other additional 
costs (e.g., higher airfares, rental car charges, or hotel rates). In 
addition, your agency may take appropriate disciplinary action.


Sec.  301-50.6  Are there any limits on travel arrangements I may make?

    Yes, there are limits on travel arrangements you may make for 
common carrier, commercial lodging, and car rental accommodations. Such 
limitations include, but are not limited to the following:
    (a) Common carrier accommodations. (1) If your agency is a 
mandatory user of the General Services Administration's city-pair 
contracts for air passenger transportation services, you must use the 
contract carrier, unless you have an approved exception (see Sec. Sec.  
301-10.107 and 301-10.108 of this chapter);
    (2) You may use premium-class accommodations only under Sec. Sec.  
301-10.121 through 301-10.124, 301-10.162, and 301-10.183 of this 
chapter; and
    (3) You must always use a U.S. Flag Air Carrier unless your travel 
circumstances meet one of the exceptions in Sec. Sec.  301-10.131 
through 301-10.143 of this chapter.
    (b) Lodging accommodations. (1) You should always stay in a ``fire 
safe'' facility. This is a facility that meets the fire safety 
requirements of the Hotel and Motel Fire Safety Act of 1990, as amended 
(see 5 U.S.C. 5707a).
    (2) When selecting a commercial lodging facility, first 
consideration must be given to the commercial lodging facilities 
contracted by GSA under the Federal Premier Lodging Program (FPLP) (a 
list of FPLP facilities may be found on the Internet at http://www.gsa.gov), all of which meet fire safety requirements, unless one or 
more of the following conditions exist:
    (i) An FPLP facility is not available at the location you need 
(e.g., there are no FPLP facilities under contract within a reasonable 
proximity of your temporary duty station, or there are no vacancies at 
the FPLP facilities at that location). (Your agency's TMS or eTravel 
Service (eTS) must provide you with a list of alternative facilities 
that meet the fire safety requirements of the Act).
    (ii) Your agency has other contractual arrangements with commercial 
lodging facilities that meet the FEMA fire safety requirements at a 
lower cost than FPLP properties.
    (iii) Your agency determines on an individual case-by-case basis 
that it is not practical to use FPLP facilities to meet mission 
requirements.
    (iv) You are attending a conference with prearranged lodging 
accommodations and are required to book lodging directly with the 
lodging facility.
    (v) Your travel is OCONUS.
    (c) Car rental accommodations. When authorized to use a rental 
vehicle under Sec.  301-10.450 of this chapter, you must rent a vehicle 
from a vendor that participates in the Military Traffic Management 
Command (MTMC) U.S. Government Car Rental Agreement, unless you are 
OCONUS and no agreement is in place for your TDY location. MTMC has 
negotiated rental car agreements that include automatic unlimited 
mileage, collision damage insurance, and ceiling rates.

PART 301-52--CLAIMING REIMBURSEMENT

0
4. Revise the authority citation for 41 CFR part 301-52 to read as 
follows:

    Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); Sec. 2., Pub. L. 
105-264, 112 Stat. 2350 (5 U.S.C. 5701 note).


0
5. Revise Sec.  301-52.3 to read as follows:


Sec.  301-52.3  Am I required to file a travel claim in a specific 
format and must the claim be signed?

    As soon as your agency migrates to the eTravel Service (eTS), you 
must use the eTS to file all your travel claims. (Agencies are required 
to migrate to the eTS no later than September 30, 2006.) Until that 
time, you must file your travel claim in the format prescribed by your 
agency. If the prescribed travel claim is hardcopy, the claim must be 
signed in ink. Any alterations or erasures to your hardcopy travel 
claim must be initialed. If your agency has electronic processing, use 
your electronic signature where required.

PART 301-70--INTERNAL POLICY AND PROCEDURE REQUIREMENTS

0
6. Revise the authority citation for 41 CFR part 301-70 to read as 
follows:

    Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); Sec 2, Pub. L. 105-
264, 112 Stat. 2350 (5 U.S.C. 5701 note.)


0
7. Revise Sec.  301-70.1 to read as follows:


Sec.  301-70.1  How must we administer the authorization and payment of 
travel expenses?

    When administering the authorization and payment of travel 
expenses, you--
    (a) Must limit the authorization and payment of travel expenses to 
travel that is necessary to accomplish your mission in the most 
economical and effective manner, under rules stated throughout this 
chapter;
    (b) Should give consideration to budget constraints, adherence to 
travel policies, and reasonableness of expenses;
    (c) Should always consider alternatives, including 
teleconferencing, prior to authorizing travel; and
    (d) Must require employees to use the eTS to process travel 
authorizations and claims for travel expenses once you migrate to the 
eTS, but no later than September 30, 2006, unless an exception has been 
granted under Sec. Sec.  301-73.102 or 301-73.104 of this chapter.

PART 301-73--TRAVEL PROGRAMS

0
8. Revise the authority citation for 41 CFR part 301-73 to read as 
follows:

    Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c).


0
9. Amend Part 301-73 by revising subparts A and B to read as follows:

PART 301-73-- TRAVEL PROGRAMS

Subpart--General Rules

Sec.
301-73.1 What does the Federal travel management program include?

[[Page 71031]]

301-73.2 What are our responsibilities as participants in the 
Federal travel management program?
Subpart B--eTravel Service and Travel Management Service
301-73.100 Must we require employees to use the eTravel Service?
301-73.101 How must we prepare to implement the eTravel Service?
301-73.102 May we grant a traveler an exception from the use of the 
eTravel Service?
301-73.103 What must we do when we approve an exception to the use 
of the eTravel Service?
301-73.104 May further exceptions to the required use of the eTravel 
Service be approved?
301-73.105 What are the consequences of an employee not using the 
eTravel Service or the TMS?
301-73.106 What are the basic services that should be covered by a 
TMS?
* * * * *

Subpart A--General Rules


Sec.  301-73.1  What does the Federal travel management program 
include?

    The Federal travel management program includes--
    (a) A travel authorization and claim system that implements the 
related requirements of the Federal Travel Regulation. (See Sec. Sec.  
301-2.1 and 301-52.3 and part 301-71 of this chapter for those 
requirements);
    (b) A TMS that provides reservation and ticketing support and 
management reports on reservation and ticketing activities. (See Sec.  
301-73.106 for specific services that should be provided by a TMS);
    (c) A Travel payment system for paying travel service providers in 
accordance to Sec. Sec.  301-73.300 and 301-73.301 of this chapter;
    (d) Contracts and similar arrangements, with transportation and 
lodging providers (e.g. Government-contract air carriers, rental car 
companies, trains, hotels (e.g., Federal Premier Lodging Program (FPLP) 
properties), etc.) that give preferential rates and other benefits to 
Federal travelers on official business; and
    (e) A Travel Management Reporting System that covers financial and 
other travel characteristics required by the biennial Travel Survey 
(see Sec. Sec.  300-70.1 through 300-70.4 of this title).

    Note to Sec.  301-73.1: The eTravel Service (eTS) fulfills the 
requirements of paragraphs (a), (b), and (e) of this section.

Sec.  301-73.2  What are our responsibilities as participants in the 
Federal travel management program?

    As a participant in the Federal travel management program, you 
must--
    (a) Designate an authorized representative to administer the 
program including leading your agency's migration of eTS;
    (b) Ensure that you have internal policies and procedures in place 
to govern use of the program including a plan and timeline to implement 
eTS no later than December 31, 2004, with agency-wide migration to eTS 
completed no later than September 30, 2006;
    (c) Establish a plan that will measure direct and indirect cost 
savings and management efficiencies through the use of eTS once 
deployed. This plan must include your migration plan and schedule which 
must be submitted by March 31, 2004 to the eTravel Program Management 
Office (PMO) (see Sec.  301-73.101);
    (d) Require employees to use eTS in lieu of your TMS as soon as it 
becomes available in your agency (unless an exception has been granted 
in accordance with Sec. Sec.  301-73.102 or 301-73.104), but no later 
than September 30, 2006; and
    (e) Ensure that any agency-contracted travel agency services (TMS) 
complement and support eTS in an efficient and cost effective manner.

Subpart B--eTravel Service and Travel Management Service


Sec.  301-73.100  Must we require employees to use the eTravel Service?

    Yes, unless you have an exception to the use of the eTS (see 
Sec. Sec.  301-73.102 and 301-73.104), you must have fully deployed the 
eTS across your agency and require employees to use the eTS for all 
temporary duty travel no later than September 30, 2006. Agencies must 
submit their eTS migration plans and schedules by March 31, 2004 to the 
eTravel PMO, (see Sec.  301-73.101). You must implement the eTS no 
later than December 31, 2004, and require employees to use the eTS as 
soon as it becomes available in your agency. The Department of Defense 
and the Government of the District of Columbia are not subject to this 
requirement.

    Notes to Sec.  301-73.100: (1) You have the option to use the 
contracted travel agent service(s) of your choice (through the eTS 
or other contract vehicles). You have the responsibility for 
ensuring agency-contracted travel agent services complement and 
support the eTS in an efficient and cost effective manner. (2) Award 
of a task order to a vendor on the eTS Master Contract constitutes 
eTS implementation. Agency-wide use of the eTS for all travel 
management processes and travel claim submission constitutes 
complete migration.

Sec.  301-73.101  How must we prepare to implement the eTravel Service?

    You must prepare to implement the eTS as expeditiously as possible 
by--
    (a) Developing a migration plan and schedule to deploy eTS across 
your agency as early as possible with full deployment required no later 
than September 30, 2006; and
    (b) Submitting your eTS migration plan and schedule by March 31, 
2004 to the U.S. General Services Administration, Attention: eTravel 
PMO.

    Note to Sec.  301-73.101: Your agency should work with the 
Office of Management and Budget to allocate budget and personnel 
resources to support eTS migration and data exchange. Your agency is 
responsible for providing the funds required to establish interfaces 
between the eTS standard data output and applicable business systems 
(e.g., financial, human resources, etc.).

Sec.  301-73.102  May we grant a traveler an exception from the use of 
the eTravel Service?

    Your agency head or his/her designee may grant individual case-by-
case exceptions to the use of eTS when such use--
    (a) Causes an unreasonable burden on mission accomplishment(s) 
(e.g., emergency travel (and eTS is not accessible), invitational 
travel, necessity of disability accommodations or special needs in 
accordance with part 301-13 of this chapter);
    (b) Compromises a national security interest;
    (c) May endanger the life of the traveler (e.g., an individual 
traveling under the Federal witness protection program or threatened 
law enforcement/investigative personnel traveling in accordance with 
part 301-31 of this chapter); or
    (d) Is consistent with any contractual terms applicable to your 
agency (i.e., you must insure that any exceptions do not cause a breach 
of contract).


Sec.  301-73.103  What must we do when we approve an exception to use 
of the eTravel Service?

    The head of your agency or his/her designee must approve an 
exception to the use of the eTS under Sec.  301-73.102 in writing or 
through electronic means.


Sec.  301-73.104  May further exceptions to the required use of the 
eTravel Service be approved?

    (a) The Administrator of General Services or his/her designee may 
grant an agency-wide exception (or exempt a component thereof) from the 
required use of eTS when requested by the head of a Department 
(cabinet-level agency)

[[Page 71032]]

or head of an Independent agency when--
    (1) The agency has presented a business case analysis to the 
General Services Administration that proves that it has an alternative 
TMS to the eTS that is in the best interest of the Government and the 
taxpayer (i.e., the agency has evaluated the economic and service 
values offered by the eTS contractor(s) compared to those offered by 
the agency's current Travel Management System (TMS) and has determined 
that the agency's current TMS is a better value);
    (2) The agency has security, secrecy, or protection of information 
issues that cannot be mitigated through security provided by the eTS 
contractors;
    (3) The agency lacks the technology necessary to access eTS; or
    (4) The agency has critical and unique technology or business 
requirements that cannot be accommodated by the eTS contractors at all 
or at an acceptable and reasonable price (e.g., majority of travel is 
group-travel).
    (b) As a condition of receiving an exception, the agency must agree 
to conduct annual business case reviews of its TMS and must provide to 
the eTravel PMO data elements required by the eTravel PMO in a format 
prescribed by the eTravel PMO.
    (c) Requests for exceptions should be sent to the Administrator, 
General Services Administration, 1800 F Street, NW., Washington, DC 
20405 with full justification and/or analysis addressing paragraphs 
(a)(1), (a)(2), (a)(3), or (a)(4) of this section.


Sec.  301-73.105  What are the consequences of an employee not using 
the eTravel Service or the TMS?

    If an employee does not use the eTS (when available) or your 
agency's designated TMS, he/she is responsible for any additional costs 
(see Sec.  301-50.5 of this chapter) resulting from the failure to use 
the eTS or your TMS. In addition, you may take appropriate disciplinary 
actions.


Sec.  301-73.106  What are the basic services that should be covered by 
a TMS?

    The TMS must, at a minimum--
    (a) Include a Travel Management Center (TMC), commercial ticket 
office (CTO), an in-house system, an electronically available system, 
or other method(s) of arranging travel, which has the ability to 
provide the following as appropriate to the agency's travel needs:
    (1) Booking and fulfillment of common carrier arrangements (e.g., 
flight confirmation and seat assignment, compliance with the Fly 
America Act, Governmentwide travel policies, contract city-pair fares, 
electronic ticketing, ticket delivery, etc.).
    (2) Lodging information (e.g., room availability, reservations and 
confirmation, compliance with Hotel/Motel Fire Safety Act, availability 
of Federal Premier Lodging Program properties, per diem rate 
availability, etc.).
    (3) Car rental and rail information (e.g., availability of Military 
Traffic Management Command (MTMC) Government agreement rates where 
applicable, confirmation of reservations, etc.).
    (b) Provide basic management information, such as--
    (1) Number of reservations by type of service (common carrier, 
lodging, and car rental);
    (2) Extent to which reservations are in compliance with policy and 
reasons for exceptions;
    (3) Origin and destination points of common carrier usage;
    (4) Destination points for lodging accommodations;
    (5) Number of lodging nights in approved accommodations;
    (6) City or location where car rentals are obtained; and
    (7) Other tasks, e.g., reconciliation of charges on centrally 
billed accounts and processing ticket refunds.

    Note to 301-73.106: The eTS fulfills the basic services of a 
TMS. You have the option to use the contracted travel agent 
service(s) of your choice through eTS or other contract vehicles. 
You have the responsibility to ensure that agency-contracted-for 
travel agent services complement and support the eTS in an efficient 
and cost effective manner. (See Sec.  301-73.2).


[FR Doc. 03-31225 Filed 12-19-03; 8:45 am]
BILLING CODE 6820-14-P