Federal Travel Regulation (FTR); Clarification of Payment in Kind for Speakers at Meetings and Similar Functions, 53979-53980 [2016-18556]

Agencies

• General Services Administration

[Federal Register Volume 81, Number 157 (Monday, August 15, 2016)]
[Proposed Rules]
[Pages 53979-53980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18556]



[[Page 53979]]

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GENERAL SERVICES ADMINISTRATION

41 CFR Appendix C to Chapter 301, 304-2, 304-3, and 304-6

[FTR Case 2016-301; Docket No. 2016-0008, Sequence 1]
RIN 3090-AJ69


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 General Services Administration (GSA) is proposing to 
amend the Federal Travel Regulation (FTR) to change the definition of 
``payment in kind.'' As proposed, the new definition would provide that 
a full or partial waiver of registration fees by an organizing entity 
of a meeting or similar function is not considered a payment in kind to 
the agency when employees speak, participate in a panel, or present at 
the meeting or similar function in their official capacities, and 
registration fees are waived for all speakers, panelists, or 
presenters. This proposed amendment would also make miscellaneous 
related corrections.

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat at one of the addresses shown below on or before 
October 14, 2016 to be considered in the formation of the final rule.

ADDRESSES: Submit comments identified by FTR Case 2016-301 by any of 
the following methods:
     Federal eRulemaking Portals: https://www.regulations.gov. 
Submit comments via the Federal eRulemaking portal by searching for 
``FTR Case 2016-301.'' Select the link ``Comment Now'' that corresponds 
with ``FTR Case 2016-301'' and follow the instructions provided at the 
screen. Please include your name, company name (if any), and ``FTR Case 
2016-301'' on your attached document.
     Mail: General Services Administration, Regulatory 
Secretariat Division (MVCB), Attn. Ms. Hada Flowers, 1800 F Street NW., 
Washington, DC 20405.
     Instructions: Please submit comments only and cite FTR 
Case 2016-301 in all correspondence related to this case. Comments 
received generally will be posted without change to https://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 
2016-301.

SUPPLEMENTARY INFORMATION: 

A. Background

    Under 31 U.S.C. 1353, as implemented in Federal Travel Regulation 
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, with respect to a waiver of registration 
fees, the FTR makes no distinction between employees who speak, serve 
on a panel, or deliver a presentation at a meeting or similar function, 
and other attendees.
    Because employees speak at these types of events to further the 
missions of their agencies 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 change in Chapter 304 that 
payments in kind from non-Federal sources do not include waiver of 
registration-type fees for speakers, panelists, or presenters at these 
types of events when the fees are waived for all speakers, panelists, 
or presenters. The proposed amendment would permit an agency to accept 
a waived registration fee for the duration of a multi-day meeting or 
similar function, even if the employee is only presenting on one day. 
Other types of travel expenses paid for by a non-Federal source, such 
as transportation, lodging expenses, or other associated event- or 
similar function-related activities, will still need to be reviewed in 
accordance with the regulations stated in Chapter 304.

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. 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.

D. 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.

E. 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, 304-2, 304-3, 
and 304-6

    Government employees, travel and transportation expenses.

    Dated: August 1, 2016.
Troy Cribb,
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, 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.

0
2. Amend Appendix C to Chapter 301, in the first table by--
0
a. Revising the entry for Travel Purpose Identifier, next to the data

[[Page 53980]]

element Mission (Operational), in the ``description'' column; and
0
b. Revising the entry for Travel Purpose Identifier, next to the data 
element Conference-Other Than Training, in the ``description'' column.
    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 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. Travel
                                                    to a conference to
                                                    serve as a speaker,
                                                    panelist, or provide
                                                    information in one's
                                                    official capacity.
 
                              * * * * * * *
                                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
                                                    participate 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.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

PART 304-2--DEFINITIONS

0
3. The authority citation for part 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 definition ``Meeting(s) or similar functions 
(meeting)'', introductory text, ``(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. Revise the last two sentences of the definitions ``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 of any 
fees that a non-Federal source collects from meeting attendees (e.g., 
registration fees), unless the employee attending the meeting or 
similar function is serving as a speaker, panelist, or presenter, and 
the fee is waived for all speakers, panelists, or presenters at the 
event.
* * * * *
    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 https://www.defensetravel.dod.mil/site/travelreg.cfm.

PART 304-3--EMPLOYEE RESPONSIBILITY

0
5. The authority citation for part 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  If I am asked or assigned to participate as a speaker, 
panelist, or presenter at a meeting or similar function, and the 
organizing entity of the event waives the registration fee for all 
speakers, panelists, or presenters, is that a payment in kind?

    No. A full or partial waiver of a registration fee by the 
organizing entity of the event is not a payment in kind when provided 
to speakers, panelists, or presenters.

    Note to Sec.  304-3.10: If registration fees are not waived for 
all speakers, panelists, or presenters, and instead are waived only 
for the Federal speakers, panelists, or presenters, then the waiver 
is considered to be a payment in kind, and must be reviewed under 
the procedures set forth in this chapter.

PART 304-6--PAYMENT GUIDELINES

0
7. The authority citation for part 304-6 continues to read as follows:

    Authority:  5 U.S.C. 5707; 31 U.S.C. 1353.

0
8. Amend Sec.  304-6.6 by revising paragraph (a) 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 or paid by a 
non-Federal source, you must report the amount charged to other 
participants, unless the employee attended the meeting or similar 
function as a speaker, panelist, or presenter, and the registration fee 
was waived for all speakers, panelists, or presenters by the organizing 
entity of the event.
* * * * *
[FR Doc. 2016-18556 Filed 8-12-16; 8:45 am]
BILLING CODE 6820-14-P