Federal Travel Regulation (FTR); Clarification of Payment in Kind for Speakers at Meetings and Similar Functions
| Citation | 84 FR 19895 |
| Record Number | 2019-09144 |
| Published date | 07 May 2019 |
| Court | General Services Administration |
Federal Register, Volume 84 Issue 88 (Tuesday, May 7, 2019)
[Federal Register Volume 84, Number 88 (Tuesday, May 7, 2019)]
[Proposed Rules]
[Pages 19895-19897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09144]
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GENERAL SERVICES ADMINISTRATION
41 CFR Appendix C to Chapter 301 and Parts 304-2, 304-3, 304-5, and
304-6
[FTR Case 2019-301-2; Docket No. 2019-0006, Sequence 1]
RIN 3090-AK06
Federal Travel Regulation (FTR); Clarification of Payment in Kind
for Speakers at Meetings and Similar Functions
AGENCY: Office of Government-wide Policy, U.S. General Services
Administration (GSA).
ACTION: Proposed rule.
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SUMMARY: The GSA is proposing to amend the FTR to change the definition
of ``payment in kind''. As proposed, a waived or discounted
registration fee provided by the non-Federal sponsor of a meeting or
similar function would not be a payment in kind to the agency for the
day(s) an employee speaks, participates in a panel, or presents at the
event. This proposed rule also makes miscellaneous related corrections.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat at one of the addresses shown below on or before
July 8, 2019 to be considered in the formation of the final rule.
ADDRESSES: Submit comments identified by FTR Case 2019-301-2 by any of
the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Submit comments via the Federal eRulemaking portal by searching for
``FTR Case 2019-301-2.'' Select the link ``Comment Now'' that
corresponds with ``FTR Case 2019-301-2'' and follow the instructions
provided on the screen. Please include your name, company name (if
any), and ``FTR Case 2019-301-2'' on your attached document.
Mail: General Services Administration, Regulatory
Secretariat Division (MVCB), Attn: Ms. Lois Mandell, 1800 F Street NW,
Washington, DC 20405.
Instructions: Please submit comments only and cite FTR
Case 2019-301-2 in all correspondence related to this case. Comments
received generally will be posted without change to http://www.regulations.gov, including any personal and/or business
confidential information provided. To confirm receipt of your
comment(s), please check www.regulations.gov approximately two to three
days after submission to verify posting (except allow 30 days for
posting of comments submitted by mail).
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Ms. Jill Denning, Program Analyst, Office of Government-wide Policy, at
202-208-7642. Contact the Regulatory Secretariat Division (MVCB), 1800
F Street NW, Washington, DC 20405, 202-501-4755, for information
pertaining to status or publication schedules. Please cite FTR Case
2019-301-2.
SUPPLEMENTARY INFORMATION:
A. Background
GSA published a similar proposed rule in the Federal Register at 81
FR 53979 on August 15, 2016, and withdrew the proposed rule on October
13, 2017 at 82 FR 47663. This revised proposed rule notes that under 31
U.S.C. 1353, as implemented in FTR Chapter 304 (41 CFR Chapter 304),
agencies may accept payment of travel expenses from a non-Federal
source for employees to attend meetings and similar functions.
Currently, the FTR makes no distinction between employees who
participate by speaking, serving on a panel, or delivering a
presentation, and other attendees at a meeting or similar function.
Because employees participate as a speaker, panelist, or presenter
at these types of events to further the mission of their agency as a
necessary and customary part of their work activities, GSA proposes to
redefine the travel purpose codes found in Appendix C of Chapter 301,
which agencies use for travel reporting purposes. GSA also proposes to
amend Chapter 304 so that a waived or discounted registration fee for
the day(s) an employee participates as a speaker, panelist, or
presenter is not a payment in kind. These waived and discounted
registration fees will not need to be reported to the U.S. Office of
Government Ethics (OGE). Other types of travel expenses paid by a non-
Federal source, such as transportation, lodging, meals, and attendance
on non-speaking days, or other associated event or similar function-
related activities, must continue to be reviewed and reported in
accordance with Chapter 304.
GSA acknowledges that OGE's Standard of Conduct regulations at 5
CFR 2635.203(b)(8) and (g) permit employees, in their personal
capacities, to accept free attendance, including meals, at an event
provided by the event sponsor, on the day(s) the employee is presenting
information on behalf of the agency. However, GSA's implementation of
31 U.S.C. 1353 applies a more restrictive acceptance of non-Federal
source payments where acceptance lies with the Government, not the
employee. In particular, 31 U.S.C. 1353 applies to payments from non-
Federal sources for ``travel, subsistence, and related expenses'' for
employees traveling on official business away from their designated
post of duty and requires that meals be considered a ``payment in
kind'', accepted only with agency approval, and subject to a pro rata
reduction to their per diem entitlement. Specifically, the language of
31 U.S.C. 1353, when read in conjunction with 5 U.S.C. 5701 and 5702
(prescribing an entitlement for payment of subsistence expenses and
defining ``subsistence'' to include meals) defines ``payment'' to
include meals provided in kind by a non-Federal source. GSA's
implementation of 31 U.S.C. 1353 in regulation therefore must include
meals in the definition of ``payment in kind.''
Accordingly, this proposed rule instructs employees whose agencies
have authorized the acceptance of meal(s) under 31 U.S.C. 1353, to
deduct meal(s) from their meals and incidental expenses per diem on
their travel voucher using the deduction amounts listed for the
locality at https://www.gsa.gov/mie unless they are unable to consume
the meal(s) due to an exception provided in FTR Sec. 301-11.18. This
practice should prove efficient to agencies compared to current
practice in which agency officials request a breakout of the costs of
each meal provided in kind from the non-Federal source.
[[Page 19896]]
Readers of the original proposed rule will note that GSA initially
proposed that agencies could accept a registration fee waiver for the
duration of a multi-day meeting or similar function, even if the
employee is only a speaker, panelist, or presenter on one day. While
GSA recognizes that permitting agencies to waive the registration fee
for the duration of a multi-day meeting or similar function might have
provided additional efficiency for agency authorizing officials, such
proposal is inconsistent with 5 CFR 2635.203(b)(8) of the OGE standards
of ethical conduct regulations.
Finally, the amendment updates website links in the definitions
portion of Chapter 304, updates a CFR reference at the note
accompanying Sec. 304-3.19(d), and adds a sentence to an explanatory
note to the aforementioned subsection noting the difference between
employee acceptance of gifts in their personal capacity per OGE
standards of ethical conduct versus employees on official travel
obtaining agency authorization to accept payments on the agency's
behalf per 31 U.S.C. 1353.
B. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives, and if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This proposed rule is a significant regulatory action, and therefore,
was subject to review under Section 6(b) of E.O. 12866, Regulatory
Planning and Review, dated September 30, 1993.
C. Executive Order 13771
This proposed rule is not expected to be subject to the
requirements of E.O. 13771 (82 FR 9339, February 3, 2017) because this
proposed rule is expected to be related to agency organization,
management, or personnel.
D. Regulatory Flexibility Act
This proposed rule will not have a significant economic impact on a
substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq. This proposed rule is
also exempt from Administrative Procedure Act per 5 U.S.C. 553 (a)(2),
because it applies to agency management or personnel.
E. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the Federal Travel Regulation 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.
F. Small Business Regulatory Enforcement Fairness Act
This proposed 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 Appendix C to Part 301, Parts 304-2,
304-3, 304-5, and 304-6
Government employees, travel and transportation expenses.
Dated: April 30, 2019.
Jessica Salmoiraghi,
Associate Administrator, Office of Government-wide Policy.
For the reasons set forth in the preamble, under 5 U.S.C. 5701-
5709, and 31 U.S.C. 1353, GSA proposes to amend 41 CFR Appendix C to
Chapter 301, and parts 304-2, 304-3, 304-5, and 304-6 as set forth
below:
PART 301--TEMPORARY DUTY (TDY) TRAVEL ALLOWANCES
0
1. The authority citation for 41 CFR part 301 continues to read as
follows:
Authority: 5 U.S.C. 5707.
Appendix C of Chapter 301 [Amended]
0
2. In Appendix C of Chapter 301, amend the table titled ``Standard Data
Elements for Federal Travel [Traveler Identification]'' by:
0
a. Revising the entry for Travel Purpose Identifier, ``Mission
(Operational)''; and
0
b. Revising the entry for Travel Purpose Identifier, ``Conference-Other
Than Training''.
The revisions read as follows:
Appendix C to Chapter 301--Standard Data Elements for Federal Travel
[Traveler identification]
------------------------------------------------------------------------
Group name Data elements Description
------------------------------------------------------------------------
* * * * * * *
Travel Purpose Identifier..... Mission Travel to a
(Operational). particular site in
order to perform
operational or
managerial
activities. Travel
to a conference to
serve as a speaker,
panelist, or provide
information in one's
official capacity.
Travel to attend a
meeting to discuss
general agency
operations, review
status reports, or
discuss topics of
general interest.
Examples: Employee's
day-to-day
operational or
managerial
activities, as
defined by the
agency, to include,
but not be limited
to: Hearings, site
visit, information
meeting,
inspections, audits,
investigations, and
examinations.
* * * * * * *
Conference--Other Travel performed in
Than Training. connection with a
prearranged meeting,
retreat, convention,
seminar, or
symposium for
consultation or
exchange of
information or
discussion. Agencies
have to distinguish
between conference
and training
attendance and use
the appropriate
identifier (see
Training below).
Examples: To engage
in a planned program
as a host, planner,
or others designated
to oversee the
conference or
attendance with no
formal role, or as
an exhibitor.
* * * * * * *
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[[Page 19897]]
PART 304-2--DEFINITIONS
0
3. The authority citation for 41 CFR 304-2 continues to read as
follows:
Authority: 5 U.S.C. 5707; 31 U.S.C. 1353.
0
4. Amend Sec. 304-2.1 by--
0
a. Removing from the introductory text of the definition ``Meeting(s)
or similar functions (meeting)'', ``(i.e., a function that is essential
to an agency's mission)''.
0
b. Revising the second sentence of the definition ``Payment in kind'';
and
0
c. Revising the last two sentences of the definition ``Travel,
subsistence, and related expenses (travel expenses)''.
The revisions read as follows:
Sec. 304-2.1 What definitions apply to this chapter?
* * * * *
Payment in kind * * * Payment in kind also includes waiver or
discount of any fees that a non-Federal source collects from meeting
attendees (e.g., registration fees), but does not include waivers or
discounts of an employee's fees on the day(s) they are participating in
the meeting or similar function as a speaker, panelist, or presenter.''
Travel, subsistence, and related expenses (travel expenses) * * *
The Foreign Affairs Manual is available for download from the internet
at FAM.state.gov. The Joint Travel Regulations are available for
download at http://www.defensetravel.dod.mil/site/travelreg.cfm.
PART 304-3--EMPLOYEE RESPONSIBILITY
0
5. The authority citation for 41 CFR 304-3 continues to read as
follows:
Authority: 5 U.S.C. 5707; 31 U.S.C. 1353.
0
6. Add Sec. 304-3.10 to read as follows:
Sec. 304-3.10 Is my agency's acceptance of a waived or discounted
registration fee from a non-Federal sponsor of a meeting or similar
function considered a payment in kind for the day(s) I am participating
as a speaker, panelist, or presenter at the event?
No. Your agency's acceptance of a waived or discounted registration
fee from the non-Federal sponsor of the event is not a payment in kind
for the day(s) you are participating as a speaker, panelist, or
presenter. However, your agency's acceptance of a waived or discounted
registration fee is a payment in kind for the days you only attend the
event (i.e., on the day(s) you are not participating as a speaker,
panelist, or presenter).
Note to Sec. 304-3.10: Lodging, transportation, meals, event
tickets, or other similar items of value provided by a non-Federal
source are a payment in kind. If these types of expenses are
included in a registration fee that is waived or discounted on the
day(s) you are participating as a speaker, panelist, or presenter,
you may accept them only with your agency's approval in accordance
with this chapter. Specifically, if the registration fee includes
meal(s), the meal(s) are a payment in kind. You may accept the
meal(s) only if authorized to do so by your agency. If your agency
authorizes acceptance of meal(s), you must also deduct the meal(s)
from your M&IE per diem on your travel voucher using the deduction
amounts listed for the locality at https://www.gsa.gov/mie unless
you are unable to consume the meal(s) due to an exception provided
in Sec. 301-11.18.
0
7. Amend Sec. 304-3.19(d) by revising the third sentence to read as
follows:
Sec. 304-3.19 Are there other situations when I may accept payment
from a non-Federal source for my travel expenses?
* * * (Note: You may also be able to accept attendance at, but not
other travel expenses to, a widely attended gathering under 5 CFR
2635.204(g) when the gathering is not a meeting, as defined in this
part, and you are not attending in your official capacity. Unless
authorized to do so by your agency, you may not accept travel,
subsistence, or related expenses, including meals, offered by a non-
Federal source for participation as a speaker, panelist, or presenter
at a meeting or similar function that takes place away from your
permanent duty station. Such expenses are considered payments in kind
and must be accepted, if at all, in accordance with this part.)
PART 304-5--AGENCY RESPONSIBILITIES
0
8. The authority citation for 41 CFR 304-5 continues to read as
follows:
Authority: 5 U.S.C. 5707; 31 U.S.C. 1353.
0
9. Add Sec. 304-5.7 to read as follows:
Sec. 304-5.7 How do we review offers of payments in kind from the
non-Federal sponsor or organizer of a meeting or similar function for
items such as meals, transportation, and lodging when they are included
in a waived or discounted registration fee?
(a) If the non-Federal sponsor or organizer of a meeting or similar
function offers to waive or discount the registration fee of an
employee who is only attending the event, you are not required to
separately authorize acceptance of any items included in the
registration fee. If applicable, acceptance of the registration fee
must be reported to OGE in accordance with FTR Part 304-6.
(b) When a waived or discounted registration fee is not a payment
in kind pursuant to Sec. 304-3.10, the employee may only accept items
that you authorize separately. If applicable, the value of any payments
in kind so accepted should be reported to OGE in accordance with FTR
Part 304-6. In particular, if a registration fee is waived or
discounted on the day(s) an employee is participating as a speaker,
panelist, or presenter, and the registration fee includes meal(s), the
employee may accept meal(s) as a payment in kind only if you review the
offer and authorize acceptance. Review the reporting guidelines at
Sec. 304-6.4 to see if the aggregated meal amounts (if more than one
meal, or meals of both an employee and spouse) will need to be reported
to OGE.
PART 304-6--PAYMENT GUIDELINES
0
10. The authority citation for 41 CFR 304-6 continues to read as
follows:
Authority: 5 U.S.C. 5707; 31 U.S.C. 1353.
0
11. Amend Sec. 304-6.6 by revising paragraphs (a) and (c) to read as
follows:
Sec. 304-6.6 How do we determine the value of payments in kind that
are to be reported on Standard Form (SF) 326?
* * * * *
(a) For conference, training, or similar fees waived, discounted,
or paid for by a non-Federal source on behalf of a meeting attendee,
you must report the amount charged to other attendees. However, a
waiver or discount of the registration fee by the non-Federal sponsor
of the event for the day(s) the employee participated in the meeting or
similar function as a speaker, panelist, or presenter is not a payment
in kind and does not need to be reported.
* * * * *
(c) For meals, you must use the M&IE deduction chart for CONUS and
OCONUS located at www.gsa.gov/mie and report the appropriate amount for
each meal based on the temporary duty locality.
* * * * *
[FR Doc. 2019-09144 Filed 5-6-19; 8:45 am]
BILLING CODE 6820-14-P
