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- TRAVEL POLICIES AND PROCEDURES 1. Explanation of Material Transmitted: The material transmitted contains amended language in order to clarify the travel policies and procedures that govern both private citizens and foreign visitors. Specifically, the chapter addresses travel of these individuals from a standpoint of when they are to be reimbursed solely for transportation and travel related expenses versus when they are also receiving an honorarium or fee for service. The chapter also introduces policy as it pertains to foreign visitors conducting academic activities in line w/ the recently instituted American Competitiveness and Workforce Improvement Act of 1998. Finally, the chapter is reflective of a recent HHS policy change as it relates to the authorization of an actual expenses allowance for temporary duty travel conducted by both private citizens and foreign visitors. 1500-12-00 - Travel for Consultants, Experts, Private Citizens, and Foreign Visitors:
1500-12-01 Travel for Consultants, Experts, Private Citizens, and Foreign Visitors Not Receiving an Honorarium or Fee for Service:
1500-12-02 Travel of Foreign Visitors and Private Citizens Receiving an Honorarium or Fee for Service: 1500-12-03 Enrollment in the NIH Vendor File for Reimbursement 1500-12-04 Internal Revenue Service Requirements 1500-12-00 - Travel for Consultants, Experts, Private Citizens, and Foreign Visitors This chapter describes the policies and procedures for authorization and approval of official Government travel conducted by consultants, experts, private citizens, and foreign visitors. Section 12-01 applies to, 1) consultants and experts who are appointed to service as described below in Section "B", and; 2) other individuals, who are serving without pay or at $1 a year. Both groupings meet the FTR definition of employee as an "Invitational Traveler" (See FTR 300-3.1). Section 12-02 addresses foreign visitors and private citizens receiving compensation in the form of an honorarium or fee for service. NOTE: This chapter does not cover travel of foreign nationals that takes place entirely outside of the United States. In this scenario, immigration laws do not apply. Delegations of authority for travel by an "Invitational Traveler" are the same as those for employees (See NIH Manual Issuance 1130, Delegations of Authority, Travel Nos. 1-17). 1500-12-01 - Travel for Consultants, Experts, Private Citizens, and Foreign Visitors Not Receiving an Honorarium or Fee for Service
C. Procedures Travel allowances, except per diem (See Section "E" below), are essentially the same for consultants, experts, private citizens, and foreign visitors as they are for civilian employees of the NIH and are paid in accordance with the FTR Chapter 301, Appendix A, and the provisions of the HHS Travel Manual and the NIH Manual 1500 "Travel Policies and Procedures".
E. Per Diem Allowances Unless higher rates are provided in specific appropriations or other acts, consultants, experts, private citizens, and foreign visitors traveling on official business will be authorized a per diem allowance on the lodging-plus basis at rates no higher than the maximum rates specified for general travel. Consultants, experts, private citizens, and foreign visitors may be reimbursed for actual and necessary subsistence expenses or for a conference lodging allowance for specific trip assignments, subject to NIH policies and procedures (See NIH Manual 1500 Chapter 04-06 and 04-09, respectively). F. Travel and Transportation Reform Act of 1998 Requirements
G. Preparation and Routing of Documents
1500-12-02 - Travel of Foreign Visitors and Private Citizens Receiving an Honorarium or Fee for Service A. General This section describes the policies and procedures for authorization and approval of official Government travel and honoraria expenses for foreign visitors and private citizens who are performing a direct service. Section "C" below applies to foreign visitors who are conducting academic activities under a B-1 visa or visa waiver program. Section "D" applies to foreign visitors who are performing a service under another type of visa program, e.g., J1, F1, etc. The procedures in Section "E" are applicable for all such travel by foreign visitors and private citizens. B. Delegations of Authority Delegations of authority for Honoraria compensation can be referenced at NIH Manual Issuance 1130, Acquisition No. 5 "Rates of Compensation (Honoraria) Under Professional Service Orders". NIH procurement guidelines provide that travel conducted via a procurement mechanism will be authorized and approved in the same manner as travel conducted via a Travel Authorization (See NIH Manual Issuance 1130, Delegations of Authority, Travel Nos. 1-17.) C. Special Policy for Foreign Visitors Conducting Academic Activities Under a B-1 Visa or Visa Waiver Program In line with 8 U.S.C. 1182, under the American Competitiveness and Workforce Improvement Act (ACWIA) of 1998, reimbursement of travel and related expenses may be authorized for an invited foreign visitor without stipulations, as long as all of the visa requirements are met. Honoraria paid under a procurement mechanism must be in compliance with NIH Manual 1130, Delegations of Authority, Acquisition No. 5. However, reimbursement of such honoraria expenses to foreign visitors under a "B-1" visa may only be authorized when the following conditions are met:
NOTE: Under the ACWIA, "Academic activities" are to be defined by the Attorney General in consultation with the Department of Education. In the Act however, there is no clear cut definition. Therefore, the NIH will consider these activities to include lectures, seminars, the teaching of classes, and attendance at workshops for the purpose of exchanging scientific information. Other activities will be examined on a case-by-case basis by the appropriate delegated official. D. Policy for Foreign Visitors Conducting Academic Activities Under Another Type of Visa Program Foreign visitors conducting official travel under another type of visa program, e.g., J1, F1, etc. must contact the ORS/Division of International Services for information regarding provisos or stipulations of the applicable visa program (phone 301-496-6166). E. Procedures for All Foreign Visitors and Private Citizens Once an invitee receives an honorarium or fee for service, they are not to be placed on a Travel Authorization as an "Invitational Traveler". Instead, their travel and per diem must be prepared via the automated procurement system via one of the following mechanisms:
Travel allowances for private citizens and foreign visitors conducting travel for the NIH under a procurement mechanism should be established in accordance with the FTR Chapter 301, Appendix A, and the provisions of the HHS Travel Manual and NIH Manual 1500 Travel Policies and Procedures. Similar to "Invitational Travelers" in Section 12-01 above, private citizens and foreign visitors may be authorized actual and necessary subsistence expenses or a conference lodging allowance. Should you have questions with respect to the various procurement mechanisms referenced above, please contact your IC Procurement Official. (See http://oamp.od.nih.gov/chief_cos1.html ) Individuals traveling on behalf of the NIH as outlined in Section 12-02 are not eligible for contract city-pair airfares nor are they eligible for a Government-issued Travel Card. 1500-12-03 - Enrollment in the NIH Vendor File for Reimbursement Private citizens, as described in this manual chapter are to be enrolled to accept electronic funds transfer payment for services rendered. Foreign visitors who have established U.S. bank accounts should also be enrolled to accept electronic funds transfer payment for services rendered. Other foreign visitors will be reimbursed via a draft check issued by the OFM Cashiers Office. For additional information, you can reference NIH Manual 1500, Appendix 3 "Travel Reimbursement by Direct Deposit." 1500-12-04 - Internal Revenue Service Requirements In accordance with the Federal Tax Regulations, Title 26, Code Section 1.6041.1, the Office of Financial Management is required to report to the Internal Revenue Service all salaries, wages, commissions, fees, reimbursements for per diem and travel expenses, and other forms of compensation for services rendered aggregating $600 or more during a calendar year. This benchmark applies to private citizens. The OFM must report all such payments made to foreign visitors regardless of the dollar threshold.
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