PART
II
Laws, Regulations, and Mandates
It has long been upheld by the Civilian Board of Contract Appeals (CBCA) that it is the traveler’s responsibility to know the government travel rules. Relying on others, including supervisors and travel preparers, for clarification or guidance on travel rules does not release the traveler from responsibility for knowing the rules. CBCA 2525-TRAV, In the Matter of Nicholas Kozauer (December 20, 2011), serves as an important reminder that federal employees are held solely responsible for any improper costs they incur, even if they were following the advice of an official.
In the case, Dr. Nicholas Kozauer, a medical officer with the Center for Drug Evaluation and Research of the Food and Drug Administration (FDA), Department of Health and Human Services, received approval to attend the Alzheimer’s Association International Conference in Paris.
Several months before his trip, Dr. Kozauer asked his agency travel preparer how to book a hotel room for the six-day conference. The travel preparer sent two email responses. First, she advised him to book the room “through the housing reservation office connected with the meeting,” noting that “we will do better cost-wise to make reservations through the organization at what looks like a special rate for attendees.” The next day, she clarified that the hotel had to be “a meeting-blocked one or that I have to do it through Omega [the FDA’s travel management center].” In response to Dr. Kozauer’s question about what would happen if he booked the hotel room and then had to cancel it, the travel preparer told him, “I spoke to the management officer, who said not to worry about it. If we have to cancel your hotel reservation and rebook it, we will reimburse you for the [cancellation] fee.”
Dr. Kozauer booked a “meeting-blocked” room at the Pullman Paris Montparnasse, charging his government charge card. About a month before the conference, the agency travel preparer informed Dr. Kozauer that she had to make hotel reservations for him through Omega, the FDA’s travel management center. She noted that she had tried to have Omega take over Dr. Kozauer’s existing reservation, but the electronic travel system determined that the rate was too expensive. The travel preparer booked a room through Omega at another hotel that met the federal per diem rate for Paris.
When Dr. Kozauer tried to cancel his reservation with the Pullman Montparnasse, he was told that he would be charged for his entire five-night stay because the cancellation was after the cutoff date. Ultimately, the hotel lowered the fee to half the cost of the five-night stay, a total of $838.
Dr. Kozauer submitted a claim for reimbursement of the cancellation fee, but despite the agency travel preparer’s assurances, the claim was denied. Dr. Kozauer appealed to the CBCA, seeking reimbursement of the cancellation fee.
The CBCA found that the FDA had correctly denied the claim. Under the FTR (section 301-50.3), federal employees must book official travel through either the E-Gov Travel Service (ETS) or the agency’s existing travel management system or center. The head of the agency may grant an exception, but only under the following circumstances FTR section 301-50.4):
Such use would result in an unreasonable burden on mission accomplishment (e.g., emergency travel is involved and the Travel Management Service (TMS) or ETS is not accessible); you are performing invitational travel; or you have special needs or require disability accommodations
Such use would compromise a national security interest
Such use might endanger your life (e.g., you are traveling under the federal witness protection program or you are a threatened law enforcement/investigative officer).
The regulation further provides (FTR section 301-50.5) that, where the employee fails to use either the ETS or the agency travel management system—in this case Omega—the employee is responsible for any additional costs, including cancellation fees.
The CBCA noted that there is no authority under statute or regulation for shifting responsibility for such fees to the government. A representative for the FDA, acknowledging that Dr. Kozauer would not have incurred the cancellation fee if not for the advice of the agency’s travel preparer, asked the CBCA for additional time to investigate the facts to determine whether it was possible to extend relief to Dr. Kozauer. The agency representative concluded, however, that the circumstances simply did not permit reimbursement.
The CBCA has repeatedly found that federal employees are responsible for any improper fees incurred when they rely on erroneous advice. Even though Dr. Kozauer was acting on the advice of his agency’s federal travel preparer, the CBCA concluded that the FDA had acted correctly in rejecting his claim and Dr. Kozauer was responsible for the total $838 cancellation fee.
Several laws, regulations, policies, and rules based on travel policy are incorporated in the FTR; others are stand-alone, and an educated traveler may need to review those documents. Having an understanding of mandated travel policy documents provides both the traveler and travel manager the foundation needed for maximizing the value of travel spending and providing accountability of taxpayers’ funds. The following are the key mandated documents that govern federal travel.
Travel and Transportation Reform Act (TTRA) of 1998
Public Law 105-264 mandates that federal employees use the government contractor–issued travel charge card for all payments of expenses related to official government travel unless an exemption has been granted.
Consolidated Appropriations Act of 2006
Section 846 of Public Law 109-115 requires each executive department and agency to evaluate the credit worthiness of an individual before issuing the individual a government travel charge card.
OMB Circular A-123, Appendix B
Often known simply as “Appendix B,” OMB Circular A-123 prescribes the policies and procedures agencies must follow to maintain internal controls that reduce the risk of fraud, waste, and error in government charge card programs.
Federal Travel Regulation
41 CFR Parts 300–304 implement statutory requirements and policies for travel by federal civilian employees and others authorized to travel at government expense. Agency policy cannot be less stringent than this regulation.
Fly America Act
49 U.S.C. 40118 requires travelers to use U.S. flag carrier service and service provided under a code-share agreement with a foreign air carrier.
Joint Travel Regulations (JTR)
The governing regulation for federal civilian Department of Defense (DoD) employees. The JTR is guided by the FTR and is based on the same civilian governing statutes, regulations, and policies for civilian travel that are based on the FTR.
Department of State Standardized Regulations for Government Civilians in Foreign Areas
The Secretary of State is responsible for establishing the maximum rates of per diem allowances and reimbursements for the actual and necessary expenses of official travel for employees of the government for travel in foreign areas as authorized by 5 U.S.C. 5702. Foreign per diem rates, which are published in Department of State Standardized Regulations (DSSR), Section 925, are updated monthly and are effective the first day of each month. The rates consist of a maximum lodging portion and a maximum meals and incidental expenses (M&IE) portion. Because taxes are included in the lodging and meal prices used to determine the foreign per diem rates, tax expenses may not be reimbursed separately. The incidental expenses portion of the per diem rate includes laundry and dry cleaning expenses. Therefore, these expenses may not also be claimed separately.
Per diem travel policy, both foreign and domestic, is governed by the FTR and not by the DSSR.
5 U.S.C. Chapter 57
Commonly referred to as Title 5, 5 U.S.C. Chapter 57 prescribes the allowances for travel, transportation, and subsistence as outlined in public laws and also outlines certain agency authorities and responsibilities.
City Pair Program (CPP)
Federal travelers must use the airline City Pair Program (CPP) managed by GSA unless a valid exception applies. GSA manages CPP to provide discounted air transportation services (also known as contract fares) for federal travelers government-wide.
Contract Fares – see City Pair Program
Car Rental
Federal travelers should rent vehicles from a vendor that participates in the Defense Travel Management Office (DTMO) U.S. government car rental agreement (unless you are OCONUS and no agreement is in place for your TDY location). Under DTMO, rental car agreements are prenegotiated, unlimited mileage and collision damage insurance are included, and the vendor cannot exceed the rates established.
E-Gov Travel Service (ETS)
Travelers are required to use their agency’s ETS and its component units for all travel arrangements unless the agency head or designee grants an exception. An exception is granted only when travel meets one of the following conditions:
Such use would result in an unreasonable burden on mission accomplishment (e.g., emergency travel is involved and TMS/ETS is not accessible; the traveler is performing invitational travel; the traveler has special needs or requires disability accommodations).
Such use would compromise a national security interest.
Such use might endanger the traveler’s life (e.g., the individual is traveling under the federal witness protection program or is a threatened law enforcement/investigative officer).
Any exception granted must be consistent with any contractual terms applicable to the traveler’s current TMS or ETS, once it is fully deployed, and must not cause a breach of contract terms.