81 FR 53979 - Federal Travel Regulation (FTR); Clarification of Payment in Kind for Speakers at Meetings and Similar Functions

GENERAL SERVICES ADMINISTRATION

Federal Register Volume 81, Issue 157 (August 15, 2016)

Page Range		53979-53980
FR Document		2016-18556

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.

Federal Register, Volume 81 Issue 157 (Monday, August 15, 2016)

[Federal Register Volume 81, Number 157 (Monday, August 15, 2016)]
[Proposed Rules]
[Pages 53979-53980]
From the Federal Register Online [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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: http://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 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
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 http://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

Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Proposed Rules 53979

GENERAL SERVICES information provided. To confirm environmental, public health and safety
ADMINISTRATION receipt of your comment(s), please effects, distributive impacts, and
check www.regulations.gov equity). E.O. 13563 emphasizes the
41 CFR Appendix C to Chapter 301, approximately two to three days after importance of quantifying both costs
304–2, 304–3, and 304–6 submission to verify posting (except and benefits, of reducing costs, of
[FTR Case 2016–301; Docket No. 2016– allow 30 days for posting of comments harmonizing rules, and of promoting
0008, Sequence 1] submitted by mail). flexibility. This proposed rule is a
FOR FURTHER INFORMATION CONTACT: For significant regulatory action, and
RIN 3090–AJ69 therefore, was subject to review under
clarification of content, contact Ms. Jill
Denning, Program Analyst, Office of section 6(b) of E.O. 12866, Regulatory
Federal Travel Regulation (FTR);
Government-wide Policy, at 202–208– Planning and Review, dated September
Clarification of Payment in Kind for
7642. Contact the Regulatory Secretariat 30, 1993.
Speakers at Meetings and Similar
Functions Division (MVCB), 1800 F Street NW., C. Regulatory Flexibility Act
Washington, DC 20405, 202–501–4755,
AGENCY: Office of Government-wide for information pertaining to status or This proposed rule will not have a
Policy, U.S. General Services publication schedules. Please cite FTR significant economic impact on a
Administration (GSA). case 2016–301. substantial number of small entities
ACTION: Proposed rule. within the meaning of the Regulatory
SUPPLEMENTARY INFORMATION:
Flexibility Act, 5 U.S.C. 601, et seq. This
SUMMARY: The General Services A. Background proposed rule is also exempt from
Administration (GSA) is proposing to Under 31 U.S.C. 1353, as Administrative Procedure Act per 5
amend the Federal Travel Regulation implemented in Federal Travel U.S.C. 553 (a)(2), because it applies to
(FTR) to change the definition of Regulation Chapter 304 (41 CFR chapter agency management or personnel.
‘‘payment in kind.’’ As proposed, the 304), agencies may accept payment of D. Paperwork Reduction Act
new definition would provide that a full travel expenses from a non-Federal
or partial waiver of registration fees by The Paperwork Reduction Act does
source for employees to attend meetings not apply because the changes to the
an organizing entity of a meeting or and similar functions. Currently, with
similar function is not considered a Federal Travel Regulation do not
respect to a waiver of registration fees, impose recordkeeping or information
payment in kind to the agency when the FTR makes no distinction between
employees speak, participate in a panel, collection requirements, or the
employees who speak, serve on a panel, collection of information from offerors,
or present at the meeting or similar or deliver a presentation at a meeting or
function in their official capacities, and contractors, or members of the public
similar function, and other attendees. that require the approval of the Office of
registration fees are waived for all Because employees speak at these
speakers, panelists, or presenters. This Management and Budget under 44
types of events to further the missions U.S.C. 3501, et seq.
proposed amendment would also make of their agencies as a necessary and
miscellaneous related corrections. customary part of their work activities, E. Small Business Regulatory
DATES: Interested parties should submit GSA proposes to redefine the travel Enforcement Fairness Act
written comments to the Regulatory purpose codes found in Appendix C of This proposed rule is also exempt
Secretariat at one of the addresses Chapter 301, which agencies use for from Congressional review prescribed
shown below on or before October 14, travel reporting purposes. GSA also under 5 U.S.C. 801 since it relates solely
2016 to be considered in the formation proposes to change in Chapter 304 that to agency management and personnel.
of the final rule. payments in kind from non-Federal
ADDRESSES: Submit comments sources do not include waiver of List of Subjects in 41 CFR Appendix C
identified by FTR Case 2016–301 by any registration-type fees for speakers, to Part 301, 304–2, 304–3, and 304–6
of the following methods: panelists, or presenters at these types of Government employees, travel and
• Federal eRulemaking Portals: events when the fees are waived for all transportation expenses.
http://www.regulations.gov. Submit speakers, panelists, or presenters. The Dated: August 1, 2016.
comments via the Federal eRulemaking proposed amendment would permit an
portal by searching for ‘‘FTR Case 2016– Troy Cribb,
agency to accept a waived registration
301.’’ Select the link ‘‘Comment Now’’ fee for the duration of a multi-day Associate Administrator, Office of
that corresponds with ‘‘FTR Case 2016– Government-wide Policy.
meeting or similar function, even if the
301’’ and follow the instructions employee is only presenting on one day. For the reasons set forth in the
provided at the screen. Please include Other types of travel expenses paid for preamble, under 5 U.S.C. 5701–5709,
your name, company name (if any), and by a non-Federal source, such as and 31 U.S.C. 1353, GSA proposes to
‘‘FTR Case 2016–301’’ on your attached transportation, lodging expenses, or amend 41 CFR Appendix C to chapter
document. other associated event- or similar 301, and parts 304–2, 304–3, and 304–
• Mail: General Services function-related activities, will still 6 as set forth below:
Administration, Regulatory Secretariat need to be reviewed in accordance with
Division (MVCB), Attn. Ms. Hada the regulations stated in Chapter 304. PART 301—TEMPORARY DUTY (TDY)
Flowers, 1800 F Street NW., TRAVEL ALLOWANCES
sradovich on DSK3GMQ082PROD with PROPOSALS

Washington, DC 20405. B. Executive Orders 12866 and 13563
• Instructions: Please submit Executive Orders (E.O.s) 12866 and ■ 1. The authority citation for 41 CFR
comments only and cite FTR Case 2016– 13563 direct agencies to assess all costs part 301 continues to read as follows:
301 in all correspondence related to this and benefits of available regulatory Authority: 5 U.S.C. 5707.
case. Comments received generally will alternatives, and if regulation is ■ 2. Amend Appendix C to Chapter 301,
be posted without change to http:// necessary, to select regulatory in the first table by—
www.regulations.gov, including any approaches that maximize net benefits ■ a. Revising the entry for Travel
personal and/or business confidential (including potential economic, Purpose Identifier, next to the data

VerDate Sep<11>2014 18:47 Aug 12, 2016 Jkt 238001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\15AUP1.SGM 15AUP1

Document Created: 2016-08-13 02:22:53
Document Modified: 2016-08-13 02:22:53

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule.
Dates		Interested parties should submit written comments to the
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.
FR Citation		81 FR 53979
RIN Number		3090-AJ69