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monetary payment or services in-kind from non-Federal sources (also referred to as “HHS- 348 Non-Federal Sponsored Travel” or “Sponsored Travel”), the purpose of which is to fund, in whole or in part, official travel, subsistence, and related expenses. The chapter applies to HHS employees, including special Government employees, experts or consultants, and officers of the Commissioned Corps U.S. Public Health Service. In advance of travel, Travelers must complete the ethics checklist and AOs or STOs, as appropriate, should always consult with their OpDiv/StaffDiv Deputy Ethics Counselor (DEC) or Ethics Office prior to determining whether the payment of travel expenses may be accepted. Prior to approving acceptance of the sponsored travel on behalf of the agency, STOs or AOs, as appropriate, must conduct the analysis described below in section 7.5.1.1 and section 7.5.1.4.

7.1 Electronic Ethics Check List and Certification of Acceptance of Funds via the ETS Only

With the implementation of ETS2, CGE, the HHS-348 paper form, Request for Approval to Accept Payment of Travel Expenses from a Non Federal Source, will no longer be allowed for HHS employees/travelers. Once an OpDiv/StaffDiv has transitioned to ETS2, all non- Federal Sponsored Travel must be processed and approved electronically in the ETS2, CGE. This includes the Ethics Checklist (Background Information On Request For Approval To Accept Payment Of Travel Expenses From A Non Federal Source – Questions 1 – 8 pg. 216), which is completed as part of the Authorization and the Certification of Acceptance of Funds (Traveler's Certification (Complete after trip) Item 11, pg. 1), which is completed as part of the Voucher. As part of this, the Letter of Invitation must be uploaded into the ETS, so that it can be reviewed by the recommending official/Deputy Ethics Office.

The HHS-348 paper form, Request for Approval to Accept Payment of Travel Expenses from a Non Federal Source, must only be used when the ETS cannot be used to generate an electronic travel authorization and/or voucher. The form must not be used to bypass the ETS and should only be used when absolutely necessary.

7.2 In-Kind Expenses Only

Effective April 1, 2012, offers for Reimbursable (In-Cash reimbursement to the

appropriation) Sponsored Travel will no longer be approved for HHS employees/travelers except in exceptional circumstances. No new travel authorizations for reimbursable travel will be approved after that date. Employees may continue to accept offers for in-kind sponsored travel, which provides several benefits over reimbursable sponsored travel including:

1. Items for which the Sponsor agrees to pay are given directly to the traveler on

16 An OpDiv/StaffDiv may have more than the standard eight (8) questions in the ETS. This refers to the questions on page two (2) of the HHS 348 form.

186 behalf of the OpDiv/StaffDiv (HHS);

2. There is no billing process between HHS or the OpDiv/StaffDivs, and Sponsors; and

3. There are fewer budgetary risks for the programs as Sponsors with reimbursable agreements do not always reimburse HHS and the OpDiv/StaffDivs for all expenses offered in the letter of invitation.

Reimbursable Sponsored Travel Authorizations must not be approved on or after April 1, 2012. Reimbursable sponsored travel may be allowed under exceptional circumstances only, with the approval of the STO only, on a trip-by-trip basis. The STOs approval must be uploaded into the ETS.

Note: Reimbursable sponsored travel occurs when a non-Federal organization offers to reimburse HHS or the OpDiv/StaffDiv for all or part of an employee’s travel expenses. In- kind sponsored travel occurs when a non-Federal organization provides transportation (i.e., airline tickets) food, lodging and other travel related services to the traveler in lieu of monetary payments to HHS or the OpDiv/StaffDiv.

7.3 Legislative Authority

Acceptance of payment from a non-Federal source for travel, subsistence, and travel-related expenses is derived from the following legislative authorities17.

7.3.1 31 U.S.C. 1353

This section of the U.S.C. authorized GSA to promulgate regulations establishing the manner in which HHS may accept payment (or authorize an employee to accept such payment on its behalf) from a non-Federal source for:

1. Travel, subsistence, and related travel expenses in connection with attendance at “meetings and similar functions” relating to the official duties of the employee;

2. Acceptance of travel payments for an accompanying spouse in some circumstances; and

3. Acceptance of additional expenses when specific conditions are met in accordance with FTR 304-3.13.

17 In addition to the authorities identified in section 7.2, a traveler may be able to accept expenses from a non- Federal source: a) under 5 U.S.C 4111 for acceptance of contributions, awards, and other payments from tax- exempt entities for non-Federal sponsored training or meeting (see regulations issued by OPM at 5.C.F.R 410.), b) Under 5 USC 7324(b) when payment is for travel to be performed for a partisan rather than an official purpose in accordance with the Hatch Act, or c) Pursuant to the applicable Standards of Ethical Conduct for Employees of the Executive Branch, 5 C.F.R. Part 2635, the regulations concerning personal acceptance of gifts.

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The above applies, if the non-Federal source is not disqualified due to a conflict of interest under FTR 304-5.3.

7.3.2 42 U.S.C. 3506

This section of the U.S.C. provides authority for HHS to accept payment from non- Federal sources for travel expenses in connection with an employee performing “advisory services” related to HHS functions or activities.

7.3.3 5 U.S.C. 7342, Foreign Gifts and Decorations Act

This act provides authority for employees and members of an employee’s family and the employee’s spouse or dependents to accept gifts of travel expenses for travel taking place entirely outside the United States, when the donor of the gift is a foreign government (including international and multinational organizations). Acceptance under this authority must be consistent with the interests of the United States, and the appropriate AO must approve the travel, even when the employee travels in his/her private capacity on non-official time.

7.4 Departmental Policy and Guidance 7.4.1 Appropriate Legislative Authority

AOs are responsible for assuring that the appropriate acceptance authority (31 U.S.C. 1353, 42 U.S.C. 3506, or 5 U.S.C. 7342) is cited on the Travel Authorization. The provisions of these acceptance authorities may not be combined when accepting travel expenses from non-Federal sources for a single trip with a single purpose. For example, an employee may not travel under 42 U.S.C. 3506 and the employee’s spouse travel under 31 U.S.C. 1353. 7.4.2 Multiple Authorities

An employee can accept travel and subsistence expenses from multiple sponsors, under different authorities (Title 31, Title 42, or Title 5) for trips that include multiple segments (TDY locations) with multiple purposes, or trips with multiple purposes at a single TDY location, as long as multiple authorities are not being used to pay for the same portion of the trip. For instance, one portion of the trip, for a meeting, can consist of expenses paid under 31 U.S.C. 1353 by Sponsor A, while another portion of the trip, to provide advisory services, can consist of expenses paid under 42 U.S.C. 3506 by Sponsor B. However, an employee cannot accept such expenses, under different authorities, from multiple sponsors for a single trip with a single purpose. Employees may not, under any circumstances, accept an honorarium or retain cash in excess of actual expenses incurred.

7.4.3 Cost Avoidance

The acceptance of “sponsored travel” from a non-Federal source for official duty travel should be the exception and not the rule. OpDiv/StaffDivs shall not use the authorities set forth above to shift the cost of their normal travel programs to non-Federal sources. The underlying principle of the Department is that if the employee’s participation warrants the