Federal Register, Volume 68 Issue 245 (Monday, December 22, 2003)

[Federal Register Volume 68, Number 245 (Monday, December 22, 2003)]
[Rules and Regulations]
[Pages 71026-71032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31225]

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GENERAL SERVICES ADMINISTRATION

41 CFR Parts 300-3, 301-50, 301-52, 301-70, and 301-73

[FTR Amendment 2003-07; FTR Case 2003-303]
RIN 3090-AH83

Federal Travel Regulation; eTravel Service (eTS)

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

ACTION: Final rule.

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SUMMARY: This final rule is issued to amend the Federal Travel
Regulation's (FTR) required use of a travel management service to the
required use of the Governmentwide eTravel Service. This final rule
revises the term and definition of ``Travel Management System (TMS)''
to ``Travel Management Service.'' This final rule amends FTR
requirements governing employees' use of their agencies' Travel
Management Services (TMS) and the eTravel Service (eTS). This final
rule also requires agencies to submit migration plans and schedules to
the eTravel Program Management Office (PMO) no later than March 31,
2004, implement the eTS no later than December 31, 2004, and complete
migration to eTS for full agency-wide use by September 30, 2006 (unless
an exception, as defined within this regulation has been granted). This
final rule specifies that award of a task order to a vendor under the
eTS Master Contract constitutes eTS implementation. These changes will
improve management efficiency and increase cost effectiveness.

DATES: Effective Date: January 21, 2004.

FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, Room 4035,
GS Building, Washington, DC, 20405, (202) 208-7312, for information
pertaining to status or publication schedules. For clarification of
content, contact Umeki Thorne, Office of Governmentwide Policy, Travel
Management Policy, at (703) 872-8590. Please cite FTR case 2003-303,
FTR Amendment 2003-07.

SUPPLEMENTARY INFORMATION:

A. Background

The President's Management Agenda (PMA) for fiscal year 2002
identified five Governmentwide goals to improve Federal management and
deliver results. This resulted in the establishment of a Governmentwide
task force known as QuickSilver to address performance gaps in existing
Government systems as they relate to E-Government, and to improve
internal efficiency and effectiveness throughout the Federal
Government. Accordingly, in support of the PMA, the Government is
procuring the eTravel Service (eTS) from Government contract suppliers
to replace agencies' current Travel Management Systems (TMS) (see
section 301-1.1 of the FTR for the definition of ``agency''). This
final rule amends the FTR by requiring, with specified exceptions, the
use of the common Governmentwide, end-to-end eTS. This regulation does
not apply to the Department of Defense or the Government of the
District of Columbia.
This final rule continues to be written in the ``plain language''
style of regulation writing as a continuation of the General Services
Administration's (GSA) effort to make the FTR easier to understand and
use. Questions are in the first person, and answers are in the second
person. GSA uses a ``we'' and ``you'' question when referring to an
agency, and an ``I'' and ``you'' question when referring to the
employee. However, the rules stated in either section apply to both the
employee and agency.
A proposed rule with request for comments was published in the
Federal Register on June 30, 2003 (68 FR 38661). During the 30-day
comment period, GSA received feedback from ten Federal agencies and one
individual. GSA has carefully reviewed each comment, and based on those
comments, this final rule modifies the proposed rule. An explanation of
changes and/or further responses to questions received are discussed as
follows.

Section 300-3.1 Glossary of Terms

One agency asked for a definition of ``in-house system'' and
suggested that GSA rearrange the wording within the definition of
``travel management service'' to make it clear that an ``in-house
system'' is not a part of a commercial method of arranging travel. GSA
addresses this comment by stating that an ``in-house (travel) system''
is where some or all of an agency's travel processes (e.g., travel
reservation and ticketing services) are provided by the agency's
employees. GSA has also rearranged the wording within the definition of
``travel management service'' to distinguish between an agency's ``in-
house system'' and an agency's commercial method of arranging travel.

Section 301-50.3 Must I Use the eTravel Service To Arrange My Travel?

Scope of eTravel Service. This section defines the scope of the
eTS, as well as the required date of agencies' full

[[Page 71027]]

deployment. One Federal agency pointed out that the policy requirements
in this section, which stated that this regulation applies to all
Executive branch agencies, conflicted with the statement in the Summary
of the proposed rule, which stated that the eTS will require all
agencies subject to the Federal Travel Regulation (FTR) to begin
migration to the eTS as soon as possible. GSA appreciates and agrees
with this comment. As a result, GSA has revised the section to clarify
that this rule applies to all agencies as defined in section 301-1.1,
with the exception of the Department of Defense and the Government of
the District of Columbia.
One agency stated that because agencies may phase in the eTS at
different times for its various organizational components, the
requirement should be that an employee must use the eTS when the agency
makes the service available to the employee. GSA agrees with this
comment. The regulation's intent is that employees will begin using eTS
when the service becomes available within an agency, unless an
exception applies under section 301-50.4, 301-73.102 or 301-73.104, and
the agency will make it available no later than September 30, 2006. As
a result, section 301-50.3 has been modified.

Section 301-50.4 May I Be Granted an Exception to the Required Use of
the eTravel Service?

The section heading in the proposed rule, ``Who in my agency has
the authority to waive the required use of a Travel Management Service
or the eTravel Service,'' has been revised to read, ``May I be granted
an exception to the required use of the eTravel Service?''

Section 301-50.5 What Is My Liability If I Do Not Use My Agency's TMS
or the eTravel Service and an Exception Has Not Been Approved?

Section 301-50.6 Are There Any Limits on the Travel Arrangements I May
Make?

One agency stated that sections 301-50.5 and 301-50.6 should be
reversed. GSA is not persuaded that this change is needed, and the
order of these sections remains unchanged.

Section 301-50.6 Are There Any Limits on the Travel Arrangements I May
Make?

Limitations On The Use of Travel Management Services. This section
imposes certain requirements and limitations on arranging for travel
services. One agency stated that GSA should clarify that there are
other regulations, contract provisions, etc., with which both travelers
and TMS providers must comply when making common carrier, lodging, or
car rental reservations. GSA has considered this change and has added a
sentence to this section to acknowledge that there may be additional
limits on the travel arrangements that a traveler makes.

Section 301-52.3 Am I Required To File a Travel Claim in a Specific
Format and Must the Claim Be Signed?

This section describes the process for filing a travel claim. One
agency questioned whether this section applies to infrequent Government
travelers, Government employees traveling for an agency/bureau other
than the employing agency, and invitational travelers. GSA's answer is
yes. The use of eTS applies to all travelers subject to the FTR, with
the exception of employees of the Department of Defense and the
Government of the District of Columbia. However, an agency head or his/
her designee may grant individual case-by-case exceptions to the use of
eTS in accordance with sections 301-73.102 and 301-73.104 of this
regulation. In addition, if a traveler is unable to use a portion of
the eTS, (e.g., reservation services), the traveler is not exempt from
the requirement to use the remaining eTS components.

Section 301-73.2 What Are Our Responsibilities as Participants in the
Federal Travel Management Program?

This section defines what an agency must do under the Federal
travel management program. One agency asked how would an agency support
eTS in an ``efficient'' and ``cost effective'' manner and determine
that support is ``efficient'' and ``cost effective'' other than through
normal contracting procedures. GSA's response is that an agency can
determine if its current TMS is cost effective by comparing its current
service costs and benefits to the cost of services and benefits
provided by the eTS contract. This will be accomplished through a
competitive task order evaluation among the eTS contractors.

Section 301-73.100 Must We Require Employees To Use the eTravel
Service?

This section sets the dates by which agencies must implement the
eTS. eTS implementation is when an agency places a task order with an
eTS vendor. It was unclear to one agency what GSA meant by the
parenthetical ``if applicable'' in the note to this section. GSA agrees
that the words ``if applicable'' may have been confusing to the reader
and has therefore removed the use of these words throughout this
regulation.
Two agencies requested more clarification in regard to the
statement ``Agency-wide use of the eTS accommodating FedTrip through
September 30, 2004, and agency-contracted TMC support * * *''. GSA
provides the following clarification: The Department of
Transportation's Governmentwide contract with FedTrip will expire on
September 30, 2004. Until that time, the eTS will accommodate agencies'
use of FedTrip. Upon expiration of the FedTrip contract, the eTS-
provided on-line booking engine(s) (OBEs) will become the designated
OBE(s) for all agencies as defined in section 301-1.1 of this
regulation, except for the Government of the District of Columbia and
the Department of Defense. In addition, the note to this section has
been revised to clarify that agencies may continue to use non-eTS
government-contracted TMC services.

Section 307-73.101 How Must We Prepare To Implement the eTravel
Service?

This section outlines the steps agencies should take to prepare for
eTS migration. One agency stated that budgetary and personnel
allocations should not be part of the FTR and that the eTS final rule
should establish goals or targets for implementing eTS, but not direct
agencies on budgetary or personnel matters. GSA agrees that normally
the FTR would not address how an agency should arrange its travel
related budget or personnel requirements. In this instance, however,
GSA believes it is very important for agencies to prepare for the eTS
migration/implementation by establishing their budget and personnel
resources. GSA did, however, remove the provisions as a requirement
under paragraph (c) and established it as a ``Note'' to provide
guidance to agencies.

301-73.102 May We Grant an Employee an Exception From the Use of the
eTravel Service?

301-73.104 May Further Exceptions to the Required Use of the eTravel
Service Be Approved?

Section 301-73.102 governs agency approval of exceptions to the use
of the eTS on an individual case-by-case basis; section 301-73.104
governs approval of exceptions on an agency-wide basis, or a sub-
component thereof. Two agencies stated that the exceptions in the
proposed rule were too limited and that an agency might have need for
exceptions other than those listed. GSA

[[Page 71028]]

has considered these comments and modified section 301-73.102 to
broaden the circumstances under which an agency head may approve
exceptions on an individual case-by-case basis. GSA has also modified
section 301-73.104 to broaden circumstances under which GSA may grant
an exception to a Department (or component thereof) or an Independent
agency.

General Comments

eTravel Service (eTS) and Travel Management Service. One agency
commented that the statement ``eTS will replace Executive agencies'
current Travel Management System'' clearly conflicts with other
portions of the regulation that are intended to give agencies choices
in obtaining travel agent services (i.e., Government-contracted TMCs)
outside of the eTS, while another agency stated that if the definition
of a TMS were expanded, agencies would have flexibility to move to a
system that might not require the intervention of a travel agency.
GSA's response is that an agency may choose to incorporate a non eTS-
provided TMC into eTS or use the eTS provided TMC services. However,
the intent of eTS is not to replace an agency's Government-contracted
TMC, but to deliver a unified, simplified service that delivers a cost
effective travel experience, supports excellent travel management, and
results in superior customer satisfaction. The eTS contractors must
accommodate agency-contracted TMCs. GSA has revised the notes to
sections 301-73.100 and 301-73.106 to better reflect this intent.
Adoption/Delay of Implementation. One agency asked if their agency
should develop its own eTS or wait for the Governmentwide eTS. GSA's
response is that use of the Governmentwide eTS is a requirement for all
agencies subject to the FTR, with the exception of the Department of
Defense and the Government of the District of Columbia. GSA has
cautioned agencies against investing in new systems that will be
agency-specific and non-transferable to the Governmentwide eTS.
One agency stated that GSA should change the agency's full
deployment date of eTS from September 30, 2006 to December 31, 2007,
and implementation from December 31, 2004 to December 31, 2005, while
another agency stated that the required use of eTS should be delayed,
or waivers granted, until eTS is tested and costs are known and
benefits are shown. GSA's response is that migrating to eTS will
improve internal efficiency and effectiveness throughout the Federal
Government. In support of the President's Management Agenda for fiscal
year 2002, representatives from twenty-seven agencies serving on the
QuickSilver Task Force identified web-based travel management services
as a high impact initiative. These benefits have been validated through
business case analysis published under OMB 300/Exhibit 53 which
outlines the funding for each agency to use for migration and full
deployment to eTS. This information may be obtained through your
agency's Chief Information Officer. Delayed migration to the eTS would
unnecessarily delay cost savings and service benefits to agencies; for
that reason, GSA is committed to its scheduled migration/full
deployment dates.
eTS and DTS. One individual asked if the eTS will replace the DTS.
GSA's response is no. Although the eTS is available for use by the
Department of Defense (DOD), DOD has developed the DTS for its use.
Small Agencies/(eTS and International Travel/Training on eTS). One
agency asked how eTS will incorporate small commissions/agencies,
handle international travel, and if training will be provided on the
program's application. The eTS will support all agencies, large and
small. As a commercially hosted service, eTS is well-positioned to
serve small agencies with a minimum investment and no IT overhead. If a
small commission/agency receives travel management services (electronic
authorizations and/or vouchers) from a larger cross-servicing agency,
GSA recommends the small agency to work with the large agency to
understand the large agency's plan and timeline for migrating to eTS. A
small agency may determine there is value in continuing a relationship
with the servicing agency, or it may migrate to eTS independently of
the large agency.
Processing international travel through the eTS will be the same as
processing domestic travel. Travelers will have access to an online
booking engine with the ability to view and book international
reservations (air, hotel, rental, car, etc.) without calling a travel
agent. The eTS also includes traditional travel agency services should
a traveler require the assistance of a travel agent for more complex
international (or domestic) trips. (Note: An agency may continue to use
its own TMC in conjunction with eTS, or it may use the TMC provided by
its eTS vendor.)
The eTS vendors are required to provide training on the standard
migration services. Additionally, each vendor may provide supplemental
training services at the agency's option.
Migration to eTS. One agency asked what GSA means by the term
``migration.'' GSA defines ``migration'' as when an agency is actively
moving from its current travel management service to the eTS. Migration
begins when an agency submits its migration plan to the eTravel PMO and
ends when an agency has fully deployed the eTS.
One agency stated that it would submit its migration plan and
schedule within three months, once the eTS vendors are selected and
they know what steps need to be taken. As long as this agency submits
its migration plan and schedule to the eTravel PMO no later than March
31, 2004, it will be in compliance with this regulation. Migration
plans are the roadmap for agencies to migrate to eTS. The migration
plan represents tasks and key decisions each agency must map out in
order to make an informed and intelligent decision regarding its eTS
migration.
One agency asked whether all bureaus within an agency have to begin
migration to eTS for an agency to receive credit for beginning
migration. GSA's response is yes. An agency's migration to the eTS
begins when it submits to the eTravel PMO the agency's plan to migrate
all bureaus/activities to eTS. Agencies are strongly encouraged to
submit a task order that will include the handling of all activities
under its organization (i.e., a task order signed by the designated
authority at a Department (for cabinet-level agencies) or the head of
an Independent Agency that will apply to all its sub-organizations
under its Department or Independent agency).
One agency asked what the eTS PMO will do if an agency does not
have funds to migrate to the eTS. The eTS PMO has been working with the
Office of Management and Budget (OMB) and Federal financial officers to
identify funds for migration to the eTS during fiscal year 2004/2005
budget cycles. The OMB has indicated that its resource management
officers are working with agencies to allocate funding for all E-
Government Initiatives launched in support of the President's
Management Agenda published in FY 2002. The note in section 301-73.101
of this regulation provides guidance to agencies on the importance of
allocating budgets and establishing personnel resources to support the
migration to eTS.
Funds. One agency stated that agencies may incur expenses to end or
modify contracts with TMCs in order to migrate to eTS. That agency
asked if the eTS PMO will subsidize or account for such costs. GSA's
response is, expenses incurred as a result of contractual actions
related to orders for travel management services are the

[[Page 71029]]

responsibility of the ordering agency. This applies for orders placed
under GSA contract vehicles, as well as orders under other agency
contracts. When an agency prepares its migration plan, it should
identify the types of constraints it may encounter and take steps to
mitigate any risk by coordinating eTS migration schedules to address
risk mitigation strategies, such as the expiration of contract option
periods. We note that this FTR amendment does permit an agency to
continue using its existing TMC in conjunction with eTS.
One agency asked, if GSA will publish eTS metrics and baseline
costs per transaction so that agencies have a benchmark to determine if
it would be impractical from a cost perspective to migrate to eTS.
GSA's response is yes. The eTS PMO will provide a contractor-pricing
schedule that will identify transactional costs for reservations,
online voucher services costs and charges for other services to assist
agencies in comparing their current systems to eTS.
One agency stated that GSA should identify and publish the cost it
plans to charge agencies/bureaus for the eTS. The eTS PMO will provide
the Industrial Funding Fee (IFF) and contractor price schedules.
FPLP. One agency stated that its employees have found that they can
stay at an FPLP lodging facility at a greatly reduced fee if they do
not identify themselves as a Federal traveler, and that rooms can be
obtained at rates at a significantly lower rate than the Government
published rate. When selecting a commercial lodging facility, first
consideration must be given to the commercial lodging facilities
contracted by GSA under the FPLP that meet the fire safety
requirements, where available, unless certain conditions exist under
section 301-50.6 of this regulation. However, when a traveler can
obtain a lower rate at an FPLP lodging facility, the employee is
encouraged to do so. This is consistent with the long-standing policy
that employees should exercise the same standards of care when
incurring expenses on official business that a prudent person would
exercise if traveling on personal business. During a sluggish economy,
hotels are deeply discounting rooms forecasted not to sell within a
short window of time. However, in a better economy, hotels need not
reduce rates, and may increase them. When companies and Government
agencies negotiate long term discounted lodging rates for their
preferred lodging programs, these rates are based on a year-long
commitment not subject to changes in the economy, and these rates
provide overall better value to travelers.

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 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, 301-50, 301-52, 301-70, and
301-73

Government employees, Travel and transportation expenses.

Dated: December 8, 2003.
Stephen A. Perry,
Administrator of General Services.

0
For the reasons set out in this preamble, 41 CFR parts 300-3, 301-50,
301-52, 301-70, and 301-73 are amended as set forth below:

PART 300-3--GLOSSARY OF TERMS

0
1. The authority citation for 41 CFR part 300-3 is revised 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. 121(c); 49 U.S.C. 40118;
E.O. 11609, 3 CFR, 1971-1975 Comp., p.586.

0
2. Amend Sec. 300-3.1 by removing the term and definition ``Travel
Management System (TMS)''; and adding in alphabetical order the terms
and definitions, ``eTravel Service (eTS)'' and ``Travel Management
Service (TMS)'' to read as follows:

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

* * * * *
eTravel Service (eTS)--The Government-contracted, end-to-end travel
management service that automates and consolidates the Federal travel
process in a self-service Web-centric environment, covering all aspects
of official travel, including travel planning, authorization,
reservations, ticketing, expense reimbursement, and travel management
reporting. The eTS provides the services of a Federal travel management
program as specified in Sec. 301-73.1(a), (b), and (e) of this title.
* * * * *
Travel Management Service (TMS)--A service for booking common
carrier (e.g., air, rail, and bus confirmations and seat assignments),
lodging accommodations, and car rental services; fulfilling (i.e.
ticketing) reservations; providing basic management information on
those activities; and meeting other requirements as specified in Sec.
301-73.106 of this title. A TMS may include a travel management center
(TMC), Commercial Ticket Office (CTO), an electronically available
system, other commercial methods of arranging travel, or an in-house
system.
* * * * *

PART 301-50--ARRANGING FOR TRAVEL SERVICES

0
3. Revise part 301-50 to read as follows:

Sec.
301-50.1 To whom do the pronouns ``I'', ``you'', and their variants
throughout this part refer?
301-50.2 How must I arrange my travel?
301-50.3 Must I use the eTravel Service to arrange my travel?
301-50.4 May I be granted an exception to the required use of the
eTravel Service?
301-50.5 What is my liability if I do not use my agency's TMS or the
eTravel Service, and an exception has not been approved?
301-50.6 Are there any limits on travel arrangements I may make?

Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c).

Sec. 301-50.1 To whom do the pronouns ``I'', ``you'', and their
variants throughout this part refer?

In this part, the pronouns ``I'', ``you'', and their variants refer
to the employee.

Sec. 301-50.2 How must I arrange my travel?

You must arrange your travel as designated by your agency and in
accordance with this part.

Sec. 301-50.3 Must I use the eTravel Service to arrange my travel?

Yes, if you are an employee of an agency as defined in Sec. 301-
1.1 of this chapter, you must use the eTravel

[[Page 71030]]

Service when your agency makes it available to you. Until then, you
must use your agency's existing Travel Management System (TMS) to make
your travel arrangements. If you are an employee of the Department of
Defense (DoD) or of the Government of the District of Columbia, you
must arrange your travel in accordance with your agency's TMS.

Sec. 301-50.4 May I be granted an exception to the required use of
the eTravel Service?

Your agency head or designee(s) may grant case-by-case exceptions
to the use of eTS when it--
(a) Causes an unreasonable burden on your agency mission
accomplishment(s) (e.g., emergency travel (and eTS is not accessible),
invitational travel, necessity of disability accommodations or special
needs (in accordance with part 301-13 of this chapter));
(b) Compromises a national security interest; or
(c) May endanger the life of the traveler (e.g., an individual
traveling under the Federal witness protection program, or threatened
law enforcement/investigative personnel traveling in accordance with
part 301-31 of this chapter).

Sec. 301-50.5 What is my liability if I do not use my agency's TMS or
the eTravel Service, and an exception has not been approved?

If you do not have an approved exception under Sec. Sec. 301-50.4
or 301-73.104 of this chapter, you are responsible for any additional
costs resulting from the failure to use the TMS or eTravel Service,
including service fees, cancellation penalties, or other additional
costs (e.g., higher airfares, rental car charges, or hotel rates). In
addition, your agency may take appropriate disciplinary action.

Sec. 301-50.6 Are there any limits on travel arrangements I may make?

Yes, there are limits on travel arrangements you may make for
common carrier, commercial lodging, and car rental accommodations. Such
limitations include, but are not limited to the following:
(a) Common carrier accommodations. (1) If your agency is a
mandatory user of the General Services Administration's city-pair
contracts for air passenger transportation services, you must use the
contract carrier, unless you have an approved exception (see Sec. Sec.
301-10.107 and 301-10.108 of this chapter);
(2) You may use premium-class accommodations only under Sec. Sec.
301-10.121 through 301-10.124, 301-10.162, and 301-10.183 of this
chapter; and
(3) You must always use a U.S. Flag Air Carrier unless your travel
circumstances meet one of the exceptions in Sec. Sec. 301-10.131
through 301-10.143 of this chapter.
(b) Lodging accommodations. (1) You should always stay in a ``fire
safe'' facility. This is a facility that meets the fire safety
requirements of the Hotel and Motel Fire Safety Act of 1990, as amended
(see 5 U.S.C. 5707a).
(2) When selecting a commercial lodging facility, first
consideration must be given to the commercial lodging facilities
contracted by GSA under the Federal Premier Lodging Program (FPLP) (a
list of FPLP facilities may be found on the Internet at http://www.gsa.gov), all of which meet fire safety requirements, unless one or
more of the following conditions exist:
(i) An FPLP facility is not available at the location you need
(e.g., there are no FPLP facilities under contract within a reasonable
proximity of your temporary duty station, or there are no vacancies at
the FPLP facilities at that location). (Your agency's TMS or eTravel
Service (eTS) must provide you with a list of alternative facilities
that meet the fire safety requirements of the Act).
(ii) Your agency has other contractual arrangements with commercial
lodging facilities that meet the FEMA fire safety requirements at a
lower cost than FPLP properties.
(iii) Your agency determines on an individual case-by-case basis
that it is not practical to use FPLP facilities to meet mission
requirements.
(iv) You are attending a conference with prearranged lodging
accommodations and are required to book lodging directly with the
lodging facility.
(v) Your travel is OCONUS.
(c) Car rental accommodations. When authorized to use a rental
vehicle under Sec. 301-10.450 of this chapter, you must rent a vehicle
from a vendor that participates in the Military Traffic Management
Command (MTMC) U.S. Government Car Rental Agreement, unless you are
OCONUS and no agreement is in place for your TDY location. MTMC has
negotiated rental car agreements that include automatic unlimited
mileage, collision damage insurance, and ceiling rates.

PART 301-52--CLAIMING REIMBURSEMENT

0
4. Revise the authority citation for 41 CFR part 301-52 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).

0
5. Revise Sec. 301-52.3 to read as follows:

Sec. 301-52.3 Am I required to file a travel claim in a specific
format and must the claim be signed?

As soon as your agency migrates to the eTravel Service (eTS), you
must use the eTS to file all your travel claims. (Agencies are required
to migrate to the eTS no later than September 30, 2006.) Until that
time, you must file your travel claim in the format prescribed by your
agency. If the prescribed travel claim is hardcopy, the claim must be
signed in ink. Any alterations or erasures to your hardcopy travel
claim must be initialed. If your agency has electronic processing, use
your electronic signature where required.

PART 301-70--INTERNAL POLICY AND PROCEDURE REQUIREMENTS

0
6. Revise the authority citation for 41 CFR part 301-70 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.)

0
7. Revise Sec. 301-70.1 to read as follows:

Sec. 301-70.1 How must we administer the authorization and payment of
travel expenses?

When administering the authorization and payment of travel
expenses, you--
(a) Must limit the authorization and payment of travel expenses to
travel that is necessary to accomplish your mission in the most
economical and effective manner, under rules stated throughout this
chapter;
(b) Should give consideration to budget constraints, adherence to
travel policies, and reasonableness of expenses;
(c) Should always consider alternatives, including
teleconferencing, prior to authorizing travel; and
(d) Must require employees to use the eTS to process travel
authorizations and claims for travel expenses once you migrate to the
eTS, but no later than September 30, 2006, unless an exception has been
granted under Sec. Sec. 301-73.102 or 301-73.104 of this chapter.

PART 301-73--TRAVEL PROGRAMS

0
8. Revise the authority citation for 41 CFR part 301-73 to read as
follows:

Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c).

0
9. Amend Part 301-73 by revising subparts A and B to read as follows:

PART 301-73-- TRAVEL PROGRAMS

Subpart--General Rules

Sec.
301-73.1 What does the Federal travel management program include?

[[Page 71031]]

301-73.2 What are our responsibilities as participants in the
Federal travel management program?
Subpart B--eTravel Service and Travel Management Service
301-73.100 Must we require employees to use the eTravel Service?
301-73.101 How must we prepare to implement the eTravel Service?
301-73.102 May we grant a traveler an exception from the use of the
eTravel Service?
301-73.103 What must we do when we approve an exception to the use
of the eTravel Service?
301-73.104 May further exceptions to the required use of the eTravel
Service be approved?
301-73.105 What are the consequences of an employee not using the
eTravel Service or the TMS?
301-73.106 What are the basic services that should be covered by a
TMS?
* * * * *

Subpart A--General Rules

Sec. 301-73.1 What does the Federal travel management program
include?

The Federal travel management program includes--
(a) A travel authorization and claim system that implements the
related requirements of the Federal Travel Regulation. (See Sec. Sec.
301-2.1 and 301-52.3 and part 301-71 of this chapter for those
requirements);
(b) A TMS that provides reservation and ticketing support and
management reports on reservation and ticketing activities. (See Sec.
301-73.106 for specific services that should be provided by a TMS);
(c) A Travel payment system for paying travel service providers in
accordance to Sec. Sec. 301-73.300 and 301-73.301 of this chapter;
(d) Contracts and similar arrangements, with transportation and
lodging providers (e.g. Government-contract air carriers, rental car
companies, trains, hotels (e.g., Federal Premier Lodging Program (FPLP)
properties), etc.) that give preferential rates and other benefits to
Federal travelers on official business; and
(e) A Travel Management Reporting System that covers financial and
other travel characteristics required by the biennial Travel Survey
(see Sec. Sec. 300-70.1 through 300-70.4 of this title).

Note to Sec. 301-73.1: The eTravel Service (eTS) fulfills the
requirements of paragraphs (a), (b), and (e) of this section.

Sec. 301-73.2 What are our responsibilities as participants in the
Federal travel management program?

As a participant in the Federal travel management program, you
must--
(a) Designate an authorized representative to administer the
program including leading your agency's migration of eTS;
(b) Ensure that you have internal policies and procedures in place
to govern use of the program including a plan and timeline to implement
eTS no later than December 31, 2004, with agency-wide migration to eTS
completed no later than September 30, 2006;
(c) Establish a plan that will measure direct and indirect cost
savings and management efficiencies through the use of eTS once
deployed. This plan must include your migration plan and schedule which
must be submitted by March 31, 2004 to the eTravel Program Management
Office (PMO) (see Sec. 301-73.101);
(d) Require employees to use eTS in lieu of your TMS as soon as it
becomes available in your agency (unless an exception has been granted
in accordance with Sec. Sec. 301-73.102 or 301-73.104), but no later
than September 30, 2006; and
(e) Ensure that any agency-contracted travel agency services (TMS)
complement and support eTS in an efficient and cost effective manner.

Subpart B--eTravel Service and Travel Management Service

Sec. 301-73.100 Must we require employees to use the eTravel Service?

Yes, unless you have an exception to the use of the eTS (see
Sec. Sec. 301-73.102 and 301-73.104), you must have fully deployed the
eTS across your agency and require employees to use the eTS for all
temporary duty travel no later than September 30, 2006. Agencies must
submit their eTS migration plans and schedules by March 31, 2004 to the
eTravel PMO, (see Sec. 301-73.101). You must implement the eTS no
later than December 31, 2004, and require employees to use the eTS as
soon as it becomes available in your agency. The Department of Defense
and the Government of the District of Columbia are not subject to this
requirement.

Notes to Sec. 301-73.100: (1) You have the option to use the
contracted travel agent service(s) of your choice (through the eTS
or other contract vehicles). You have the responsibility for
ensuring agency-contracted travel agent services complement and
support the eTS in an efficient and cost effective manner. (2) Award
of a task order to a vendor on the eTS Master Contract constitutes
eTS implementation. Agency-wide use of the eTS for all travel
management processes and travel claim submission constitutes
complete migration.

Sec. 301-73.101 How must we prepare to implement the eTravel Service?

You must prepare to implement the eTS as expeditiously as possible
by--
(a) Developing a migration plan and schedule to deploy eTS across
your agency as early as possible with full deployment required no later
than September 30, 2006; and
(b) Submitting your eTS migration plan and schedule by March 31,
2004 to the U.S. General Services Administration, Attention: eTravel
PMO.

Note to Sec. 301-73.101: Your agency should work with the
Office of Management and Budget to allocate budget and personnel
resources to support eTS migration and data exchange. Your agency is
responsible for providing the funds required to establish interfaces
between the eTS standard data output and applicable business systems
(e.g., financial, human resources, etc.).

Sec. 301-73.102 May we grant a traveler an exception from the use of
the eTravel Service?

Your agency head or his/her designee may grant individual case-by-
case exceptions to the use of eTS when such use--
(a) Causes an unreasonable burden on mission accomplishment(s)
(e.g., emergency travel (and eTS is not accessible), invitational
travel, necessity of disability accommodations or special needs in
accordance with part 301-13 of this chapter);
(b) Compromises a national security interest;
(c) May endanger the life of the traveler (e.g., an individual
traveling under the Federal witness protection program or threatened
law enforcement/investigative personnel traveling in accordance with
part 301-31 of this chapter); or
(d) Is consistent with any contractual terms applicable to your
agency (i.e., you must insure that any exceptions do not cause a breach
of contract).

Sec. 301-73.103 What must we do when we approve an exception to use
of the eTravel Service?

The head of your agency or his/her designee must approve an
exception to the use of the eTS under Sec. 301-73.102 in writing or
through electronic means.

Sec. 301-73.104 May further exceptions to the required use of the
eTravel Service be approved?

(a) The Administrator of General Services or his/her designee may
grant an agency-wide exception (or exempt a component thereof) from the
required use of eTS when requested by the head of a Department
(cabinet-level agency)

[[Page 71032]]

or head of an Independent agency when--
(1) The agency has presented a business case analysis to the
General Services Administration that proves that it has an alternative
TMS to the eTS that is in the best interest of the Government and the
taxpayer (i.e., the agency has evaluated the economic and service
values offered by the eTS contractor(s) compared to those offered by
the agency's current Travel Management System (TMS) and has determined
that the agency's current TMS is a better value);
(2) The agency has security, secrecy, or protection of information
issues that cannot be mitigated through security provided by the eTS
contractors;
(3) The agency lacks the technology necessary to access eTS; or
(4) The agency has critical and unique technology or business
requirements that cannot be accommodated by the eTS contractors at all
or at an acceptable and reasonable price (e.g., majority of travel is
group-travel).
(b) As a condition of receiving an exception, the agency must agree
to conduct annual business case reviews of its TMS and must provide to
the eTravel PMO data elements required by the eTravel PMO in a format
prescribed by the eTravel PMO.
(c) Requests for exceptions should be sent to the Administrator,
General Services Administration, 1800 F Street, NW., Washington, DC
20405 with full justification and/or analysis addressing paragraphs
(a)(1), (a)(2), (a)(3), or (a)(4) of this section.

Sec. 301-73.105 What are the consequences of an employee not using
the eTravel Service or the TMS?

If an employee does not use the eTS (when available) or your
agency's designated TMS, he/she is responsible for any additional costs
(see Sec. 301-50.5 of this chapter) resulting from the failure to use
the eTS or your TMS. In addition, you may take appropriate disciplinary
actions.

Sec. 301-73.106 What are the basic services that should be covered by
a TMS?

The TMS must, at a minimum--
(a) Include a Travel Management Center (TMC), commercial ticket
office (CTO), an in-house system, an electronically available system,
or other method(s) of arranging travel, which has the ability to
provide the following as appropriate to the agency's travel needs:
(1) Booking and fulfillment of common carrier arrangements (e.g.,
flight confirmation and seat assignment, compliance with the Fly
America Act, Governmentwide travel policies, contract city-pair fares,
electronic ticketing, ticket delivery, etc.).
(2) Lodging information (e.g., room availability, reservations and
confirmation, compliance with Hotel/Motel Fire Safety Act, availability
of Federal Premier Lodging Program properties, per diem rate
availability, etc.).
(3) Car rental and rail information (e.g., availability of Military
Traffic Management Command (MTMC) Government agreement rates where
applicable, confirmation of reservations, etc.).
(b) Provide basic management information, such as--
(1) Number of reservations by type of service (common carrier,
lodging, and car rental);
(2) Extent to which reservations are in compliance with policy and
reasons for exceptions;
(3) Origin and destination points of common carrier usage;
(4) Destination points for lodging accommodations;
(5) Number of lodging nights in approved accommodations;
(6) City or location where car rentals are obtained; and
(7) Other tasks, e.g., reconciliation of charges on centrally
billed accounts and processing ticket refunds.

Note to 301-73.106: The eTS fulfills the basic services of a
TMS. You have the option to use the contracted travel agent
service(s) of your choice through eTS or other contract vehicles.
You have the responsibility to ensure that agency-contracted-for
travel agent services complement and support the eTS in an efficient
and cost effective manner. (See Sec. 301-73.2).

[FR Doc. 03-31225 Filed 12-19-03; 8:45 am]
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