Title 41—Public Contracts and Property Management--Volume 1
PART 301-1—APPLICABILITY
§ 301-74.1   What policies must we follow in planning a conference?
When planning a conference, you must:
(a) Minimize all conference costs, including administrative costs, conference attendees' travel costs, and conference attendees' time costs;
(b) Maximize the use of Government-owned or Government provided conference facilities as much as possible;
(c) Identify opportunities to reduce costs in selecting a particular conference location and facility (e.g., through the availability of lower rates during the off-season at a site with seasonal rates); and
(d) Ensure that the conference planner or designee does not retain for personal use any promotional benefits or materials received from a travel service provider as a result of booking the conference ( see §§ 301-53.2 and 301-53.3 of this chapter); and
(e) Develop and establish internal policies to ensure these standards are met.
§ 301-74.2   What costs should be considered when planning a conference?
When planning a conference, you should consider all direct and indirect conference costs paid by the Government, whether paid directly by agencies or reimbursed by agencies to travelers or others associated with the conference. Some examples of such costs are:
(a) Authorized travel and per diem expenses;
(b) Hire of rooms for official business;
(c) Audiovisual and other equipment usage;
(d) Computer and telephone access fees;
(e) Light refreshments;
(f) Printing;
(g) Registration fees;
(h) Ground transportation; and
(i) Employees' time at the conference and on en route travel.
§ 301-74.3   What must we do to determine which conference expenditures result in the greatest advantage to the Government?
To determine conference expenditures, you must:
(a) Assure there is appropriate management oversight of the conference planning process;
(b) Always do cost comparisons of the size, scope, and location of the proposed conference;
(c) Determine if a Government facility is available at a cheaper rate than a commercial facility;
(d) Consider alternatives to a conference, e.g., teleconferencing; and
(e) Maintain written documentation of the alternatives considered and the selection rationale used.
§ 301-74.4   What should cost comparisons include?
Cost comparisons should include, but not be limited to, a determination of adequacy of lodging rooms at the established per diem rates, overall convenience of the conference location, fees, availability of meeting space, equipment, and supplies, and commuting or travel distance of attendees.
§ 301-74.5   How should we select a location and a facility?
Site selection is a final decision as to where to hold your conference. The term “site” refers to both the geographical location and the specific facility(ies) selected. In determining the best site in the interest of the Government, you should exercise strict fiscal responsibility to minimize costs. The actions in § 301-74.3 must be followed. Cost comparisons must cover factors such as those listed in § 301-74.4. As part of the cost comparison, you must use the established per diem rate for the locations for which you are comparing costs.
§ 301-74.6   What can we do if we cannot find an appropriate conference facility at the chosen locality per diem rate?
While it is always desirable to obtain lodging facilities within the established lodging portion of the per diem rate for the chosen locality, it may not always be possible. In those instances when lodging is not available at the applicable per diem rate, travelers should construct a cost comparison of all associated costs, including round-trip ground transportation, between finding lodging at the applicable per diem rate away from the conference locality and using the actual expense method at the conference locality as prescribed in subpart D of part 301-11 of this chapter.
§ 301-74.7   May we provide light refreshments at an official conference?
Yes. Agencies sponsoring a conference may provide light refreshments to agency employees attending an official conference. Light refreshments for morning, afternoon or evening breaks are defined to include, but not be limited to, coffee, tea, milk, juice, soft drinks, donuts, bagels, fruit, pretzels, cookies, chips, or muffins.
§ 301-74.8   May we include conference administrative costs in an employee's per diem allowance payment for attendance at a conference?
No. Per diem is intended only to reimburse the attendee's subsistence expenses. You must pay conference registration fees separately, either directly or by reimbursing employees who pay such expenses and submit travel claims.
§ 301-74.9   Are there any special requirements 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 § 301-74.10. 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.
§ 301-74.10   May we waive the requirement in § 301-74.9?
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.
§ 301-74.11   What must be included in any advertisement or application form relating to conference attendance?
Any advertisement or application for attendance at a conference described in § 301-74.9 must include notice of the prohibition against using a non-FEMA approved place of public accommodation for conferences. 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.
§ 301-74.12   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. 8141); and
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.
(b) It is no longer mandatory that you contact GSA for meeting or conference facilities in the District of Columbia. However, you are encouraged to contact the GSA Public Buildings Service (PBS) of the National Capital Region to inquire about the availability of short-term conference and meeting facilities in the District of Columbia. For additional information see the Customer Desk Guide for Real Property Management, Chapter 1. The Customer Desk Guide can be found on the worldwide web at https://www.gsa.gov/cdnstatic/Guide_to_Real_Property_508.pdf .
§ 301-74.13   What policies and procedures must we establish to govern the selection of conference attendees?
You must establish policies that reduce the overall cost of conference attendance. The policies and procedures must:
(a) Limit your agency's representation to the minimum number of attendees determined by a senior official necessary to accomplish your agency's mission; and
(b) Provide for the consideration of travel expenses when selecting attendees.
§ 301-74.14   What records must we maintain to document the selection of a conference site?
For each conference you sponsor or fund, in whole or in part for 30 or more attendees, you must maintain a record of the cost of each alternative conference site considered. You must consider at least three sites. You must make these records available for inspection by your Office of the Inspector General or other interested parties.
§ 301-74.21   What is the applicable M&IE rate when meals or light refreshments are furnished by the Government or are included in the registration fee?
When meals or light refreshments are furnished 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 should actual expense reimbursement be authorized for conference attendees?
You may authorize actual expenses under § 301-11.300 of this chapter when the applicable lodging rate is inadequate.
§ 301-74.23   May we reimburse travelers for an advanced payment of a conference or training registration fee?
Yes, you may reimburse travelers for an advanced discounted payment for a conference or training registration fee as soon as you have approved their travel to that event, and they submit a proper claim for the expenses incurred.
§ 301-74.24   What is the traveler required to do if they are unable to attend an event for which they were reimbursed for an advanced discounted payment of a conference or training registration fee?
In all cases where a traveler is unable to attend an event for which a discounted registration fee was paid and reimbursed in advance of the event, the traveler must seek a refund of the registration fee and repay the agency with any refund received. If no refund is made, the agency must absorb the advanced payment if the traveler's failure to attend the event was caused either by an agency decision or for reasons beyond the employee's control that are acceptable to the agency, e.g., unforeseen illness or emergency. If no refund is made, and the traveler's failure to attend the scheduled event is due to reasons deemed unexcusable by the agency, the traveler must repay the agency for the amount advanced.
§ 301-75.1   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 you will pay for 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 the interviewee is responsible for excess cost and any additional expenses that they incur 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 the interviewee may subject themselves to criminal penalties if they knowingly present a false, fictitious, or fraudulent travel claim (See 18 U.S.C. 287 and 1001).
§ 301-75.100   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.
§ 301-75.101   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 responsibilities 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:
(a) A common carrier ticket;
(b) A GTR; or
(c) A point of contact with your travel management center to arrange the common carrier transportation. In this instance, you must notify the travel management center that the interviewee is authorized to receive a ticket for the trip;
(d) Written instructions explaining your procedures and the liability of the interviewee for controlling and accounting for passenger transportation documents, if common carrier transportation is required;
(e) A credit/refund address for any common carrier transportation provided for unused government furnished tickets.
§ 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 contractor-issued charge cards for pre-employment interview travel?
No.
§ 301-75.202   What must we do if the interviewee exchanges the ticket they have been issued?
§ 301-75.203   May we provide the interviewee with a travel advance?
No.
§ 301-75.204   May we use Government contractor-issued travelers checks to pay for the interviewee's travel expenses?
No.
§ 301-75.205   Is the interviewee required to submit a travel claim to us?
No. Only if the interviewee wants to be reimbursed, then they must submit a travel claim in accordance with your agency procedures in order to receive reimbursement for pre-employment interview travel expense.
§ 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.
§ 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?
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 the employee's disposable pay, and an explanation of the employee's 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
(d) Provide the employee an opportunity to make a written agreement with the contractor to repay the delinquent amount.
§ 301-76.101   Who is responsible for ensuring that all due process and legal requirements have been met?
You are responsible for ensuring that all 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?
No, you may only collect undisputed delinquent amounts after you have reimbursed the employee under the applicable travel regulations and in accordance with a proper travel claim. However, if the employee has not submitted a proper travel claim within the timeframe requirements of § 301-52.7 of this chapter, and there are no extenuating circumstances, you may collect the undisputed delinquent amounts.
§ 301-76.103   What is the maximum amount we may deduct from the employee's disposable pay?
As set forth in Public Law 105-264, 112 Stat. 2350, October 19, 1998, the maximum amount you may deduct from the employee's disposable pay is 15 percent per pay period, unless the employee consents in writing to deduction of a greater percentage.