Authority to Recover Travel Payments Made in Violation of Federal Regulations

Where the recipient of a travel payment violating the Federal Travel Regulation or the Federal Acquisition Regulation is a contractor that has fully performed its contract obligations, an agency may recover the payment only if the violation was plain on the face of the regulation. Where the recipient of such a payment is a government employee, the agency is generally entitled to recover the unlawful payment from the responsible certifying official or from the employee who received the payment, even if the violation was not plain.

Where the requirements of 5 U.S.C. § 5584 or the Federal Claims Collection Standards are satisfied, an agency may waive or end collection action on a claim against a recipient contractor or employee. Where the standards of 31 U.S.C. § 3528(b)(1) for relieving a certifying official of liability are satisfied, an agency need not attempt to collect from the certifying official.