Federal Travel Regulation (FTR); Clarification of Payment in Kind for Speakers at Meetings and Similar Functions, 19895-19897 [2019-09144]

Agencies

• General Services Administration

[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: https://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 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 
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.
 
                              * * * * * * *
------------------------------------------------------------------------


[[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 https://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