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lodging allowance, up to 25 percent above the established lodging allowance for the chosen location, and that rate shall be allowable for all employees of any agency authorized to attend the conference. The determination must be made by a senior agency official at the sponsoring agency.

§301.74.9 Who may authorize reimbursement of the conference lodging allowance for a non-Government sponsored conference?

The travel approving official of a Government employee authorized to attend a non-Government sponsored conference may authorize the employee to be reimbursed for lodging expenses incurred up to the conference lodging allowance rate.

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who pay such expenses and submit travel claims.

8301-74.14 Are there any special re

quirements for sponsoring or funding a conference at a hotel, motel or other place of public accommodation?

Yes. When you sponsor or fund (see 15 U.S.C. 2225a), in whole or in part, a conference at a place of public accommodation in the United States, you must use an approved accommodation (see $300-3.1 of this title), except as provided in §301-74.15. This provision also applies to the government of the District of Columbia when it expends Federal funds for a conference and any non-Federal entity which uses Government funds to sponsor or fund a conference.

§301-74.15 May we waive the requirement in §301-74.14?

Yes, if the head of your agency makes a written determination on an individual case basis that waiver of the requirement to use approved accommodations is necessary in the public interest for a particular event. Your agency head may delegate this waiver authority to a senior agency official or employee who is given waiver authority with respect to all conferences sponsored or funded, in whole or in part, by your agency.

8301-74.16 What must be included in any advertisement or application form relating to conference attendance?

(a) Any advertisement or application for attendance at a conference described in § 301-74.14 must include:

(1) Notice of the prohibition against using a non-FEMA approved place of public accommodation for conferences; and

(2) Notice that the conference lodging allowance applies to Federal attendees, if applicable.

(b) In addition, any executive agency, as defined in 5 U.S.C. 105, shall notify all non-Federal entities to which it provides Federal funds of this prohibition.

§301-74.17 What special rules apply when a conference is held in the District of Columbia?

In addition to the general rules provided in this part, the following special rules apply:

(a) You may not directly procure lodging facilities in the District of Columbia without specific authorization and appropriation from Congress (see 40 U.S.C. 34); and

(b) Any short-term conference meeting space you obtain in the District of Columbia must be procured under 41 CFR 101-17.101-4.

NOTE TO §301-74.17(a): This provision does not prohibit payment of per diem to an employee authorized to obtain lodging in the District of Columbia while performing official business travel.

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§301-74.21 What is the applicable M&IE rate when meals or light refreshments are furnished at nominal or no cost by the Government or are included in the registration fee?

When meals or light refreshments are furnished at nominal or no cost by the Government or are included in the registration fee the applicable M&IE will be calculated as follows:

(a) If meals are furnished, the appropriate deduction from the M&IE rate must be made (see § 301-11.18 of this chapter).

(b) If light refreshments are furnished, no deduction of the M&IE allowance is required.

§301-74.22 When may an employee, at

tending a conference, be authorized the conference lodging allowance? An employee, authorized to attend a conference, may be authorized the conference lodging allowance as prescribed in §§ 301-74.8 and 301-74.9.

§301-74.23 Is the conference lodging allowance an actual expense reimbursement?

No. The conference lodging allowance is a separate method of reimbursement for lodgings expenses.

§301-74.24 When should actual

ex

pense reimbursement be authorized for conference attendees?

If the conference lodging allowance still is inadequate, you may authorize actual expense reimbursement under § 301-11.300 of this chapter in lieu of the conference lodging allowance method.

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Subpart B-Travel Expenses

301-75.100 Must we pay all of

the

interviewee's pre-employment interview travel expenses?

301-75.101 What pre-employment interview travel expenses may we pay?

301-75.102 What pre-employment interview travel expenses are not payable? 301-75.103 What are our responsibilities when we authorize an interviewee to use common carrier transportation to perform pre-employment interview travel? Subpart C-Obtaining Travel Services and Claiming Reimbursement

301-75.200 How will we pay for pre-employment interviewee travel expenses? 301-75.201 May we allow the interviewee to use individual Government contractorissued charge cards for pre-employment interview travel?

301-75.202 What must we do if the interviewee exchanges the ticket he or she has been issued?

301-75.203 May we provide the interviewee with a travel advance? 301-75.204 May we use

Government

con

tractor-issued travelers checks to pay for the interviewee's travel expenses? 301-75.205 Is the interviewee required. to submit a travel claim to us?

AUTHORITY: 5 U.S.C. 5707.

SOURCE: 63 FR 15980, Apr. 1, 1998, unless otherwise noted.

Subpart A-General Rules

8301-75.1 What is the purpose of the allowance for pre-employment interview travel expenses?

To help you recruit highly qualified individuals.

§301-75.2 May we pay pre-employment interview travel expenses?

Yes, if you determine it is in the best interest of the Government to do so. However, pre-employment travel expenses may not be authorized to offset or defray other expenses not allowable under this subpart.

§301-75.3 What governing policies and procedures must we establish related to pre-employment interview travel?

You must establish policies and procedures governing:

(a) When you will pay pre-employment interview travel expenses, including the criteria for determining which

individuals or positions qualify for payment of such expenses;

(b) Who will determine, in each individual case, that a person qualifies for pre-employment interview travel expenses; and

(c) Who will determine what expenses will pay for you each individual

interviewee.

§301-75.4 What other responsibilities do we have for pre-employment interview travel?

You must:

(a) Provide your interviewees with a list of FEMA approved accommodations in the vicinity of the interview, and encourage them to stay in an approved accommodation;

(b) Inform the interviewee that he/ she is responsible for excess cost and any additional expenses that he/she incurs for personal preference or convenience;

(c) Inform the interviewee that the Government will not pay for excess costs resulting from circuitous routes, delays, or luxury accommodations or services unnecessary or unjustified in the performance of official business;

(d) Assist the interviewee in preparing the travel claim;

(e) Provide the interviewee with instructions on how to submit the claim; and

(f) Inform the interviewee that he/she may subject himself/herself to criminal penalties if he or she knowingly presents a false, fictitious, or fraudulent travel claim 18 U.S.C. 287 and 1001.

[63 FR 15980, Apr. 1, 1998; 63 FR 35538, June 30, 1998]

Subpart B-Travel Expenses 8301-75.100 Must we pay all of the interviewee's pre-employment interview travel expenses?

If you decide to pay the interviewee per diem or common carrier transportation costs, you must pay the full amount of such cost to which the interviewee would be entitled if the interviewee were a Government employee traveling on official business.

8301-75.101 What

pre-employment interview travel expenses may we pay?

You may pay the following expenses: (a) Transportation expenses as provided in part 301-10 of this chapter;

(b) Per diem expenses as provided in part 301-11 of this chapter;

(c) Miscellaneous expenses as provided in part 301-12 of this chapter; and (d) Travel expenses of an individual with a disability or special need as provided in part 301-13 of this chapter.

§301-75.102 What pre-employment interview travel expenses are not payable?

You may not pay expenses for:

(a) Use of communication services for purposes other than communication directly related to travel arrangement for the Government interview.

(b) Hire of a room at a hotel or other place to transact official business.

§301-75.103 What are our responsibil

ities when we authorize an interviewee to use common carrier transportation to perform pre-employment interview travel?

You must provide the interviewee with one of the following:

For

Common carrier transportation expenses

other than local transportation.

Other expenses

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Bill the expenses to a centrally billed or other agency established account or pro-
vide the traveler with a GTR when no other option is available or feasible.
Require payment by the interviewee and reimburse the interviewee for allowable
travel expenses upon submission and approval of his/her travel claim.

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The new ticket is more expensive than the That he/she must pay the difference using personal funds and he/she will not reticket you provided.

ceive reimbursement for the extra amount.

The new ticket is less expensive than the Provide the interviewee with a credit/refund address by attaching a copy of the ticket you provided. GTR, or some other document containing this information, to either the ticket or the travel authorization as provided in 41 CFR 101-41.210.

[63 FR 15980, Apr. 1, 1998; 63 FR 35538, June 30, 1998]

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Subpart B-Policies and Procedures

301-76.100 Are there any due process requirements with which we must comply before collecting undisputed delinquent amounts on behalf of the charge card contractor?

301-76.101 Who is responsible for ensuring that all due process and legal requirements have been met?

301-76.102 Can we collect undisputed delinquent amounts if we have not reimbursed the employee for amounts reimbursable under applicable travel regulations? 301-76.103 What is the maximum amount we may deduct from the employee's disposable pay?

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).

SOURCE: FTR Amdt. No. 90, 65 FR 3058, Jan. 19, 2000, unless otherwise noted.

Subpart A-General Rules

NOTE TO SUBPART A: Use of pronouns “we”, "you", and their variants throughout this part refers to the agency.

§301-76.1 May we collect undisputed delinquent amounts that an employee (including members of the uniformed services) owes to a Government travel charge card contractor?

Yes, upon written request from the contractor and in accordance with the procedures specified in §301–76.100, you may collect undisputed amounts owed to a Government travel charge card contractor from the delinquent employee's disposable pay. You must promptly forward all amounts deducted to the contractor.

$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.

[FTR Amdt. No. 92, 65 FR 21367, Apr. 21, 2000]

Subpart B-Policies and
Procedures

NOTE TO SUBPART B: Use of pronouns "we", "you", and their variants throughout this part refers to the agency.

8301-76.100 Are there any due process requirements with which we must comply before collecting undisputed delinquent amounts on behalf of the charge card contractor? Yes, you must:

(a) Provide the employee with written notice of the type and amount of the claim, the intention to collect the claim by deduction from his/her disposable pay, and an explanation of his/her rights as a debtor;

(b) Give the employee the opportunity to inspect and copy your records related to the claim;

(c) Allow an opportunity for a review within the agency of your decision to collect the amount; and

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