[Federal Register Volume 74, Number 68 (Friday, April 10, 2009)]
[Rules and Regulations]
[Pages 16327-16329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8176]


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GENERAL SERVICES ADMINISTRATION

41 CFR Parts 300-3, 301-2, 301-11, and 301-70

[FTR Amendment 2009-03; FTR Case 2009-303; Docket Number 2009-0001, 
Sequence 3]
RIN 3090-AI88


Federal Travel Regulation (FTR); FTR Case 2009-303, Furnished 
Meals at Conferences and Other Events

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

ACTION: Final rule.

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SUMMARY: The General Services Administration (GSA) is amending the 
Federal Travel Regulation (FTR) to clarify that travelers must deduct 
the appropriate amounts from their meals and incidental expense (M&IE) 
allowance when meals are part of a registration fee or otherwise paid 
for by the Government, in conjunction with attendance at conferences or 
other events while on official travel. In addition, GSA is amending the 
FTR to clarify that in limited instances, agencies may allow employees 
to claim the full M&IE allwance when employees are unable to consume 
meals furnished by the Government.

DATES: Effective Date: This final rule is effective April 10, 2009.
    Applicability Date: This final rule is applicable for official 
travel performed on and after April 10, 2009.

FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat (VIR), Room 
4035, GS Building, Washington, DC 20405, (202) 208-7312, for 
information pertaining to status or publication schedules. For 
clarification of content, contact Mr. Craig Flynn, Office of 
Governmentwide Policy, at (202) 501-0306. Please cite FTR Amendment 
2009-03; FTR case 2009-303.

SUPPLEMENTARY INFORMATION: 

A. Background

    On March 14, 2008, the Government Accountability Office (GAO) 
issued a

[[Page 16328]]

report entitled, ``Governmentwide Purchase Cards: Actions Needed to 
Strengthen Internal Controls to Reduce Fraudulent, Improper, and 
Abusive Purchases.'' The report recommended that GSA instruct agencies 
to remind Government travelers that they must reduce the M&IE claimed 
on their travel vouchers by the specified amount that GSA allocates 
when travelers receive Government-paid-for meals at conferences or 
other events, including continental breakfasts.
    While GSA emphasizes prudent management of travel funds, it also 
recognizes that there are times when a traveler cannot consume a 
Government-furnished meal due to reasons that either transcend personal 
choice (such as medical requirements or religious beliefs) and the 
traveler is unable to make alternative meal arrangements with the 
conference or event coordinators or due to the conduct of official 
business. The requirement to deduct the appropriate amount from the 
travel voucher may not reasonably apply to travelers in such 
circumstances.
    Accordingly, this final rule amends the FTR by:
    1. Section 300-3.1--Adding a definition for ``Furnished meal.''
    2. Section 301-2.5--Adding paragraph (p) requiring specific 
authorization for an employee to claim the full applicable M&IE 
allowance due to medical requirements or religious beliefs, despite the 
fact that meals are furnished to the employee through registration fees 
or otherwise paid for by the Government.
    3. Section 301-11.18--Incorporating the terms ``continental 
breakfast'' and ``furnished meal'' where appropriate, and clarifying 
under what circumstances agencies may permit employees to claim the 
full M&IE allowance even though meals are furnished by the Government.
    4. Section 301-70.200--Adding paragraph (h) requiring agencies to 
designate who will determine, and in what instances, an employee may be 
able to claim the full M&IE allowance even though meals are furnished 
to the employee by the Government.

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 final 
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, 301-2, 301-11, and 301-70

    Glossary of terms, Government employees, Travel and transportation 
expenses.

    Dated: February 23, 2009.
Paul F. Prouty,
Acting Administrator of General Services.

0
For the reasons set forth in the preamble, pursuant to 5 U.S.C. 5701-
5709, GSA amends 41 CFR parts 300-3, 301-2, 301-11, and 301-70 as 
follows:

PART 300-3--GLOSSARY OF TERMS

0
1. The authority citation for 41 CFR part 300-3 is amended to read as 
follows:

    Authority:  5 U.S.C. 5707; 40 U.S.C. 121(c); 49 U.S.C. 40118; 5 
U.S.C. 5738; 5 U.S.C. 5741-5742; 20 U.S.C. 905(a); 31 U.S.C. 1353; 
E.O. 11609; 3 CFR, 1971-1975 Comp., p. 586, Office of Management and 
Budget Circular No. A-126, ``Improving the Management and Use of 
Government Aircraft.'' Revised April 28, 2006.


0
2. Amend Sec.  300-3.1 by alphabetically adding the definition of 
``Furnished meal'' to read:


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

* * * * *
    Furnished meal--A meal provided to an employee, either directly 
from the Government or as a result of the Government paying a 
registration fee or other cost which allows the employee to attend a 
conference or other event. If the Government has already paid for a 
meal, the employee must deduct the allocated amount when filing their 
travel voucher.
* * * * *

PART 301-2--GENERAL RULES

0
3. The authority citation for 41 CFR part 301-2 continues to read as 
follows:

    Authority:  5 U.S.C. 5707; 31 U.S.C. 1353; 49 U.S.C. 40118.


0
4. Amend Sec.  301-2.5 by removing ``and'' at the end of paragraph (n); 
removing the period at the end of paragraph (o) and replacing it with 
``; and''; and adding paragraph (p) to read as follows:


Sec.  301-2.5  What travel arrangements require specific authorization 
or prior approval?

* * * * *
    (p) Due to an employee's medical requirements or religious beliefs, 
payment of the full M&IE allowance even though meals are furnished by 
the Government either directly or through a registration fee or other 
payment for a conference or other event, in accordance with Sec.  301-
11.18(b).

PART 301-11--PER DIEM EXPENSES

0
5. The authority citation for 41 CFR part 301-11 continues to read as 
follows:

    Authority:  5 U.S.C. 5707.


0
6. Revise Sec.  301-11.18 to read as follows:


Sec.  301-11.18  What M&IE rate will I receive if a meal(s) is 
furnished by the Government or is included in the registration fee?

    (a) Except as provided in Sec.  301-11.17 or in paragraph (b) of 
this section, your M&IE allowance must be adjusted for meals furnished 
to you by the Government (including meals furnished under the authority 
of Chapter 304 of this Title) by deducting the appropriate amount shown 
in the chart in this section for travel within CONUS and the chart in 
Appendix B of this chapter for meal deductions for OCONUS and foreign 
travel. The total amount of deductions made will not cause you to 
receive less than the amount allowed for incidental expenses.

----------------------------------------------------------------------------------------------------------------
                  Total M&IE                       $39        $44        $49        $54        $59        $64
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Continental Breakfast/Breakfast...............          7          8          9         10          1         12
Lunch.........................................         11         12         13         15         16         18

[[Page 16329]]

 
Dinner........................................         18         21         24         26         29         31
Incidentals...................................          3          3          3          3          3          3
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     (b) Your agency, at its discretion, may allow you to claim the 
full M&IE allowance if:
    (1) You are unable to consume the furnished meal(s) because of 
medical requirements or religious beliefs;
    (2) In accordance with administrative procedures prescribed by your 
agency, you requested specific approval to claim the full M&IE 
allowance prior to your travel;
    (3) In accordance with administrative procedures prescribed by your 
agency, you have made a reasonable effort to make alternative meal 
arrangements, but were unable to do so; and
    (4) You purchase substitute meals in order to satisfy your medical 
requirements or religious beliefs.
    (c) In your agency's discretion, and in accordance with 
administrative procedures prescribed by your agency, you may also claim 
the full M&IE allowance if you were unable to take part in a 
Government-furnished meal due to the conduct of official business.

PART 301-70--INTERNAL POLICY AND PROCEDURE REQUIREMENTS

0
7. The authority citation for 41 CFR part 301-70 is amended 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), Office of Management 
and Budget Circular No. A-126, ``Improving the Management and Use of 
Government Aircraft,'' revised April 28, 2006, and OMB Circular No. 
A-123, Appendix B, ``Improving the Management of Government Charge 
Card Programs,'' revised April 2006.


Sec.  301-70.200  [Amended]

0
8. Amend Sec.  301-70.200 by removing ``and'' at the end of paragraph 
(f); removing the period at the end of paragraph (g) and replacing it 
with ``; and''; and adding paragraph (h) to read as follows:


Sec.  301-70.200  What governing policies must we establish for 
authorization and payment of per diem expenses?

* * * * *
    (h) Who will determine, and in what instances, an employee will be 
able to claim the full M&IE allowance even though meals are furnished 
to the employee by the Government, in accordance with Sec.  301-
11.18(b) and Sec.  301-11.18(c).

 [FR Doc. E9-8176 Filed 4-9-09; 8:45 am]
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