Federal travel: Per diem localities; maximum lodging and meal allowances,

[Federal Register: December 2, 1998 (Volume 63, Number 231)]

[Rules and Regulations]

[Page 66673-66703]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr02de98-25]

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Part III

General Services Administration

41 CFR Part 300-3 et al.

Federal Travel Regulation; General and Temporary Duty (TDY) Travel Allowances; Final Rule

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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.

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:

1. 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.

2. 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.

3. 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.

4. 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.

5. 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:

      ‹bullet› 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).

      ‹bullet› Additional seasons (up to four) have been added where appropriate.

      ‹bullet› There may be more than one rate within a county now. Please read the tables carefully.

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      ‹bullet› 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).

      ‹bullet› 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. 98-32091Filed12-1-98; 8:45 am]

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