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

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:

A. 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.

B. 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.

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 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.

E. 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?

* * * * *

[[Page 66675]]

------------------------------------------------------------------------

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:

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).

Additional seasons (up to four) have been added where

appropriate.

There may be more than one rate within a county now.

Please read the tables carefully.

[[Page 66676]]

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).

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. 98-32091 Filed 12-1-98; 8:45 am]

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