[Federal Register: April 21, 2000 (Volume 65, Number 78)]
[Rules and Regulations]
[Page 21365-21367]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ap00-21]
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GENERAL SERVICES ADMINISTRATION
41 CFR Parts 301-51, 301-52, 301-54, 301-70, 301-71 and 301-76
[FTR Amendment 92]
RIN 3090-AH24
Federal Travel Regulation; Mandatory Use of the Travel Charge
Card
AGENCY: Office of Governmentwide Policy, GSA.
ACTION: Final rule.
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SUMMARY: This final rule amends Federal Travel Regulation (FTR)
Amendment 90 published in the Federal Register on Wednesday, January
19, 2000 (65 FR 3054) concerning payment by the Government of expenses
connected with official Government travel. This final rule further
implements the requirements of Public Law 105-264.
DATES: This final rule is effective April 21, 2000, and applies to
payment of expenses in connection with official Government travel
performed on or after May 1, 2000.
FOR FURTHER INFORMATION CONTACT: Jim Harte, Office of Governmentwide
Policy, Travel and Transportation Management Policy Division, at (202)
501-1538.
SUPPLEMENTARY INFORMATION:
A. Background
Pursuant to Public Law 105-264, subsection 2(a), the Administrator
of General Services is required to issue regulations 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,
Public Law 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.
The General Services Administration (GSA), after an analysis of
additional data, has:
(1) Determined that certain relocation expenses (excluding en route
travel and househunting expenses) are not technically ``travel''
expenses and, therefore, are not covered under the provisions of the
statute.
(2) Established the date of May 1, 2002, for agencies to reach a
seven-calendar day limit for reviewing travel claims.
(3) Permitted an agency to either calculate late payment fees using
the Prompt Payment Act Interest Rate or a flat amount based on an
agency average of travel claims, but not less than the prompt payment
amount.
(4) Deleted health insurance from consideration as disposable pay.
B. 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 does not apply.
C. Executive Order 12866
GSA has determined that this final 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 final 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 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 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:
PART 301-51--PAYING TRAVEL EXPENSES
1. The authority citation for 41 CFR part 301-51 continues to read
as follows:
Authority: 5 U.S.C. 5707. Subpart A is issued under the
authority of Sec. 2, Pub. L. 105-264, 112 Stat. 2350 (5 U.S.C. 5701
note); 40 U.S.C. 486(c).
2. Section 301-51.2 is amended by adding paragraph (l) to read as
follows:
Sec. 301-51.2 What official travel expenses and/or classes of
employees are exempt from the mandatory use of the Government
contractor-issued travel charge card?
* * * * *
(l) Relocation allowances prescribed in chapter 302 of this title,
except en-route travel and househunting trip expenses.
PART 301-52--CLAIMING REIMBURSEMENT
3. The authority citation for 41 CFR part 301-52 continues to read
as follows:
Authority: 5 U.S.C. 5707; 40 U.S.C. 486(c); Sec. 2, Pub. L. 105-
264, 112 Stat. 2350 (5 U.S.C. 5701 note).
4. Sections 301-52.17 and 301-52.18 are revised to read as follows:
Sec. 301-52.17 Within how many calendar days after I submit a proper
travel claim must my agency reimburse my allowable expenses?
Your agency must reimburse you within 30 calendar days after you
submit a proper travel claim to your agency's designated approving
office. Your agency must ensure that it uses a satisfactory
recordkeeping system to track submission of travel claims. For example,
travel claims submitted by mail, in accordance with your agency's
policy, could be annotated with the time and date of receipt by your
agency. Your agency could consider travel claims electronically
submitted to the designated approving office as submitted on the date
indicated on an e-mail log, or on the next business day if submitted
after normal working hours. However, claims for the following
relocation allowances are exempt from this provision:
(a) Transportation and storage of household goods and professional
books, papers and equipment;
(b) Transportation of mobile home;
(c) Transportation of a privately owned vehicle;
(d) Temporary quarters subsistence expense, when not paid as lump
sum;
(e) Residence transaction expenses;
(f) Relocation income tax allowance;
(g) Use of a relocation services company;
(h) Home marketing incentive payments; and
(i) Allowance for property management services.
[[Page 21366]]
Sec. 301-52.18 Within how many calendar days after I submit a travel
claim must my agency notify me of any error that would prevent payment
within 30 calendar days after submission?
Your agency must notify you as soon as practicable after you submit
your travel claim of any error that would prevent payment within 30
calendar days after submission and must provide the reason(s) why your
travel claim is not proper. However, not later than May 1, 2002,
agencies must achieve a maximum time period of seven working days for
notifying you that your travel claim is not proper.
5. Section 301-52.20 is revised to read as follows:
Sec. 301-52.20 How are late payment fees calculated?
Your agency must either:
(a) Calculate late payment fees using the prevailing Prompt Payment
Act Interest Rate beginning on the 31st day after submission of a
proper travel claim and ending on the date on which payment is made; or
(b) Reimburse you a flat fee of not less than the prompt payment
amount, based on an agencywide average of travel claim payments; and
(c) In addition to the fee required by paragraphs (a) and (b) of
this section, 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.
PART 301-54--COLLECTION OF UNDISPUTED DELINQUENT AMOUNTS OWED TO
THE CONTRACTOR ISSUING THE INDIVIDUALLY BILLED TRAVEL CHARGE
CARD
6. The authority citation for 41 CFR part 301-54 continues to read
as follows:
Authority: 5 U.S.C. 5707; 40 U.S.C. 486(c); Sec. 2, Pub. L. 105-
264, 112 Stat. 2350 (5 U.S.C. 5701 note).
7. Section 301-54.2 is revised to read as follows:
Sec. 301-54.2 What is disposable pay?
Disposable pay is 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 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.
PART 301-70--INTERNAL POLICY AND PROCEDURE REQUIREMENTS
8. The authority citation for 41 CFR part 301-70 continues to read
as follows:
Authority: 5 U.S.C. 5707; 40 U.S.C. 486(c); Sec. 2, Pub. L. 105-
264, 112 Stat. 2350 (5 U.S.C. 5701 note).
9. Section 301-70.704 is amended by adding a note at the end of the
section to read as follows:
Sec. 301-70.704 What expenses and/or classes of employees are exempt
from the mandatory use of the Government contractor-issued travel
charge card?
* * * * *
Note to Sec. 301-70.704: Relocation allowances prescribed in
chapter 302 of this title, except en-route travel and househunting
trip expenses are not covered by this requirement.
PART 301-71--AGENCY TRAVEL ACCOUNTABILITY REQUIREMENTS
10. The authority citation for 41 CFR part 301-71 continues to read
as follows:
Authority: 5 U.S.C. 5707; 40 U.S.C. 486(c); Sec. 2, Pub. L. 105-
264, 112 Stat. 2350 (5 U.S.C. 5701 note).
11. Section 301-71.204 is revised to read as follows:
Sec. 301-71.204 Within how many calendar days after the submission of
a proper travel claim must we reimburse the employee's allowable
expenses?
You must reimburse the employee within 30 calendar days after the
employee submits a proper travel claim to the agency's designated
approving office. You must use a satisfactory recordkeeping system to
track submission of travel claims. For example, travel claims submitted
by mail, in accordance with agency policy, could be annotated with the
time and date of receipt by the agency. You could consider travel
claims electronically submitted to the designated approving office as
submitted on the date indicated on an e-mail log, or on the next
business day if submitted after normal working hours. However, claims
for the following relocation allowances are exempt from this provision:
(a) Transportation and storage of household goods and professional
books, papers and equipment;
(b) Transportation of mobile home;
(c) Transportation of a privately owned vehicle;
(d) Temporary quarters subsistence expense, when not paid as lump
sum;
(e) Residence transaction expenses;
(f) Relocation income tax allowance;
(g) Use of a relocation services company;
(h) Home marketing incentive payments; and
(i) Allowance for property management services.
12. Section 301-71.208 is revised to read as follows:
Sec. 301-71.208 Within how many calendar days after submission of a
proper travel claim must we notify the employee of any errors in the
claim?
You must notify the employee as soon as practicable after the
employee's submission of the travel claim of any error that would
prevent payment within 30 calendar days after submission and provide
the reason(s) why the claim is not proper. However, not later than May
1, 2002, you must achieve a maximum time period of seven working days
for notifying an employee that his/her travel claim is not proper.
13. Section 301-71.210 is revised to read as follows:
Sec. 301-71.210 How do we calculate late payment fees?
Late payment fees are calculated either by:
(a) Using the prevailing Prompt Payment Act Interest Rate beginning
on the 31st day after submission of a proper travel claim and ending on
the date on which payment is made; or
(b) A flat fee, of not less than the prompt payment amount, based
on an agencywide average of travel claim payments; and
(c) In addition to the fee required by paragraphs (a) and (b) of
this section, you must also pay an amount equivalent to any late
payment charge that the card contractor would have been able to charge
had the employee not paid the bill. Payment of this additional fee will
be based upon the effective date that a late payment charge would be
allowed under the agreement between the employee and the card
contractor.
PART 301-76--COLLECTION OF UNDISPUTED DELINQUENT AMOUNTS OWED TO
THE CONTRACTOR ISSUING THE INDIVIDUALLY BILLED TRAVEL CHARGE
CARD
14. The authority citation for 41 CFR part 301-76 continues to read
as follows:
Authority: 5 U.S.C. 5707; 40 U.S.C. 486(c); Sec. 2, Pub. L. 105-
264, 112 Stat. 2350 (5 U.S.C. 5701 note).
15. Section 301-76.2 is revised to read as follows:
[[Page 21367]]
Sec. 301-76.2 What is disposable pay?
Disposable pay is 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
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.
Dated: April 13, 2000.
David J. Barram,
Administrator of General Services.
[FR Doc. 00-9774 Filed 4-20-00; 8:45 am]
BILLING CODE 6820-34-P