GIFTS OF TRAVEL AND OTHER BENEFITS

Government employees sometimes receive invitations from non-Federal sources to attend meetings or other functions in
connection with their Government employment. Often these non-Federal persons or organizations offer to pay all or a portion
of the Government employee's expenses, including the attendance fee, meals, travel and other incidentals. In order for the
agency or the employee to accept the offer of payment from the non-Federal source, they must use an appropriate authority.

The following table references three of the most commonly used authorities under which an agency or employee might accept a
gift of free attendance, travel or other benefits from a non-Federal source in connection with attendance at a meeting or
other function:  31 U.S.C. §  1353, 5 U.S.C. §  4111, and 5 C.F.R. §  2635.204(g)(2). The table provides a simple synopsis
of each of the authorities, highlighting and comparing six critical elements of each authority.  It is designed for use as
a quick desk reference.  As such, the table should not be used as a substitute for the actual text of the statutes and
regulations themselves, neither should it be considered all-inclusive, as it does not address all agency gift statutes or
other similar authorities.

July 2002 
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TRAVEL AND OTHER BENEFITS IN CONNECTION WITH MEETINGS

Authority:  31 U.S.C. §  1353 as implemented by GSA regulation at 41 C.F.R. § §  301-1 and 304-1 "Acceptance of Payment
from a Non-Federal Source for Travel Expenses"

Gift is to the agency

Type of Event:  Meeting or similar function that  relates to the employee's official duties.*

Examples: conferences, seminars, speaking engagements, etc.

Location:  Event must take place away from the employee's official duty station.

Source/Type Payment:  Source: any non-Federal source.

Payment in-kind (to employee) or by check made payable to the agency.

Nature of Benefits:  Travel, subsistence, and related expenses. May exceed Government per diem rates, if comparable to
those made available to other participants.

Conflict Analysis: Acceptance permitted only if the agency determines that a reasonable person wouldn't question the
integrity of agency programs or operations.

Agency Approval:  Authorization must be issued by the agency in advance  of the travel.

* Does not include activities required to carry out an agency's statutory or regulatory functions.

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Authority: 5 U.S.C. §  4111 as implemented by OPM regulation at 5 C.F.R. § §  410.501-410.503

"Government Employees Training Act"

Gift is to the employee

Type of Event:  Training in a non-Government facility or meetings.

Location:  No restrictions on location. Event may be local or away from duty station.

Source/Type Payment:  Source: either an organization exempt from taxation under 26 U.S.C. 501(c))(3), or a State or local
government.

Payment in cash or in-kind to the employee.

Nature of Benefits:  Contributions or awards incident to training; or payments of travel, subsistence, and related expenses
incident to attendance at meetings.

Conflict Analysis:  Acceptance permitted if the agency applies specificcriteria regarding conflicts and appearance concerns
and decides payment is proper.

Agency Approval:  The head of the agency or his/her designee must authorize acceptance in writing after a full evaluation
of the circumstances in each case.

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Authority:  5 C.F.R.§  2635.204(g)(2)"The Widely Attended Gatherings Exception"

Gift is to the employee

Type of Event:  Widely attended gatherings of mutual interest to a number of parties.

Location:  No restrictions on location (normally used for local events)

Source/Type Payment:  Source: the sponsor of the event, or a nonsponsor if more than 100 persons will be attending and the
cost of attendance is $260 or less.

Payment in-kind only.

Nature of Benefits:  Waiver of attendance fee, food, refreshments, entertainment and instructional materials integral to
the event. No travel expenses.

Conflict Analysis:  Agency must determine that the employee's attendance is in the interest of the agency, in that it will
further agency programs or operations.

Agency Approval:  If the person who extends the invitation has interests that could be substantially affected by the
performance of the employee's duties, the agency must make a written determination of agency interest in advance of the
event.