[Code of Federal Regulations]

[Title 41, Volume 4]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 41CFR304-2.1]



[Page 233-234]

 

           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT

 

    CHAPTER 304--PAYMENT OF TRAVEL EXPENSES FROM A NON-FEDERAL SOURCE

 

PART 304-2_DEFINITIONS--Table of Contents

 

Sec.  304-2.1  What definitions apply to this chapter?









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





    The following definitions apply to this chapter:

    Employee means an appointed officer or employee of an executive 

agency as defined in 5 U.S.C. 105, including a special Government 

employee as defined in 18 U.S.C. 202, or an expert or consultant 

appointed under the authority of 5 U.S.C. 3109.

    Meeting(s) or similar functions (meeting) means a conference, 

seminar, speaking engagement, symposium, training course, or similar 

event that takes place away from the employee's official station. 

``Meeting'' as defined in this chapter does not include a meeting or 

other event required to carry out an agency's statutory or regulatory 

functions (i.e., a function that is essential to an agency's mission) 

such as investigations, inspections, audits, site visits, negotiations 

or litigation. ``Meeting'' also does not include promotional vendor 

training or other meetings held for the primary purpose of marketing the 

non-Federal sources products or services, or long term TDY or training 

travel. A meeting need not be widely attended for purposes of this 

definition and includes but is not limited to the following:

    (1) An event where the employee will participate as a speaker or 

panel participant focusing on his/her official duties or on the 

policies, programs or operations of the agency.

    (2) A conference, convention, seminar, symposium or similar event 

where the primary purpose is to receive training other than promotional 

vendor training, or to present or exchange substantive information of 

mutual interest to a number of parties.

    (3) An event where the employee will receive an award or honorary 

degree, which is in recognition of meritorious public service that is 

related to the employee's official duties, and which may be accepted by 

the employee consistent with the applicable standards of conduct 

regulations.

    Non-Federal source means any person or entity other than the 

Government of the United States. The term includes any individual, 

private or commercial entity, nonprofit organization or association, 

international or multinational organization (irrespective of whether an 

agency holds membership in the organization or association), or foreign, 

State or local government (including the government of the District of 

Columbia).

    Payment means a monetary payment from a non-Federal source to a 

Federal agency for travel, subsistence, related expenses by check or 

other monetary



[[Page 234]]



instrument payable to the Federal agency (i.e., electronic fund transfer 

(EFT), money order, charge card, etc.) or payment in kind.

    Payment in kind means transportation, food, lodging, or other 

travel-related services provided by a non-Federal source instead of 

monetary payments to the Federal agency for these services. Payment in 

kind also includes waiver of any fees that a non-Federal source normally 

collects from meeting attendees (e.g., registration fees).

    Travel, subsistence, and related expenses (travel expenses) means 

the same types of expenses payable under chapter 301 of this title, the 

Foreign Affairs Manual (FAM), and the Joint Travel Regulations (JTR) for 

transportation, food, lodging or other travel-related services for 

official travel (e.g., baggage expenses, services of guides, drivers, 

interpreters, communication services, hire of conference rooms, lodging 

taxes, laundry/dry cleaning, taxi fares, etc). These expenses also 

include conference or training fees (in whole or in part), as well as 

benefits that cannot be paid under the applicable travel regulations, 

but which are incident to the meeting, provided in kind, and made 

available by the meeting sponsor(s) to all attendees. For example, this 

definition as applied to this chapter would allow an employee or spouse 

to attend a sporting event hosted by the sponsor(s) in connection with 

the meeting that is available to all participants. However, it would not 

allow the employee to accept tickets to a professional sporting event, 

concert or similar event, for use at a later date even if such tickets 

were given to all other participants. The Foreign Affairs Manual is 

obtainable from: Bureau of Administration, A/IM/CST/MMS/DIR, Room 264, 

U.S. Department of State, Washington, DC 20520; (202) 647-3602. The 

Joint Travel Regulations are obtainable from: Superintendent of 

Documents, U.S. Government Printing Office, Washington, DC 20342-0001, 

or available for downloading from the internet at http://www.dtic.mil/

perdiem.



[FTR Amdt. 2003-02, 68 FR 12604, Mar. 17, 2003]