Temporary Duty Travel - Acceptance of Travel Expenses

Citation
265 FW 13
FWM Number
N/A
Date
Supersedes
212 FW 3, FWM 193, 6/12/1995
Originating Office
Branch of Financial Policy and Analytics

TABLE OF CONTENTS

Topics

Sections

OVERVIEW

13.1 What is the purpose of this chapter?

13.2 What is the scope of this chapter?

13.3 What is the overall policy?

13.4 What are the authorities for this chapter?

13.5 What terms do you need to know to understand this chapter?

RESPONSIBILITIES

13.6 What are the responsibilities related to the acceptance of travel expenses?

TRAVEL EXPENSE ACCEPTANCE

13.7 When may an employee accept travel expenses from a non-Federal source?

13.8 May employees solicit payments from non-Federal sources for travel expenses?

APPROVAL PROCESS

13.9 How do employees receive approval for travel expense acceptance?

13.10 What documentation are employees required to submit with the DI-2000?

13.11 What do employees need to consider before requesting approval for acceptance of travel expenses?

13.12 Are there circumstances where a payment from a non-Federal source cannot be accepted?

13.13 How does the Service determine if a non-Federal source is disqualified on the basis of conflict of interest?

PAYMENTS

13.14 How are payments processed from non-Federal sources?

OVERVIEW

13.1 What is the purpose of this chapter? This chapter provides policy and procedures for U.S. Fish and Wildlife Service (Service) employees accepting travel expenses from non-Federal sources under 31 U.S.C. 1353 while performing official Temporary Duty Travel (TDY) on behalf of the Service.

13.2 What is the scope of this chapter? All Service employees are subject to this policy.

13.3 What is the overall policy?

A. Generally, TDY travel must be paid with Service funding. However, under certain circumstances, a non-Federal source may reimburse the Service for employee travel expenses.

B. We may accept reimbursement or in-kind donations from non-Federal sources for an employee’s transportation expenses (including food, lodging, incidental expenses, and registration costs) to certain events related to the employee’s official duties.

C. In limited and rare circumstances, we may accept travel for a spouse or domestic partner to accompany the employee to the same event where their presence is in the best interest of the Service or Department of the Interior (Department) or to substantially assist the employee in carrying out their duties.

13.4 What are the authorities for this chapter? See 265 FW 1 for a list of the authorities for all the chapters in Part 265.

13.5 What terms do you need to know to understand this chapter?

A. Approving officials are supervisors, Directorate members (i.e., Regional Directors; Assistant Directors; Director, National Conservation Training Center (NCTC); Chief, National Wildlife Refuge System (NWRS)), and other officials who approve travel-related transactions (e.g., authorizations and vouchers).

B. Electronic travel system (i.e., ConcurGov) is an automated, web-based process that Service employees and approving officials use to plan, document, manage, and monitor TDY travel (see 265 FW 2). ConcurGov is the Service’s current electronic travel system.

C. Non-Federal source means any person or entity other than the Government of the United States.

D. Permanent duty station, for the purposes of travel, means the street address to which the employee most commonly reports (i.e., the majority of the time). There are permanent duty stations that cover a large contiguous area of more than 50 miles, and that Service employees must regularly maintain or patrol. For such duty stations, traveling from one area to another, regardless of distance, is part of the employee’s regular duty and does not qualify as TDY travel.

E. TDY travel is travel that is performed for official purposes and is over 50 miles from the employee’s permanent duty station and commuting residence.

F. Travel authorization is the form the Service uses to approve official TDY travel and travel-related expenses. These forms are created and approved in the electronic travel system. All employees must receive authorization from their approving official before traveling, except in bona fide emergencies (see 265 FW 10 for more information).

G. Travel Management Center (TMC) (i.e., Duluth Travel, Inc. or El Sol Travel, Inc.) is responsible for assisting travelers with booking and adjusting travel itineraries. The TMC charges higher fees to assist with booking travel and adjusting reservations than those associated with self-service booking through ConcurGov.

H. Travel voucher is the form the Service uses to approve employees for reimbursement of travel-related expenses. These forms are created and approved in the electronic travel system.

RESPONSIBILITIES

13.6 What are the responsibilities related to the acceptance of travel expenses? See Table 13-1.

Table 13-1: Responsibilities for the Acceptance of Travel Expenses

These employees…

Are responsible for…

A. The Director

Approving or declining to approve Servicewide policy.

B. Department of the Interior (Department) Ethics office, also known as Ethics Counselors

(1) Ensuring implementation and adherence to this policy for the acceptance of payment from a non-Federal source for travel expenses under 31 U.S.C. 1353 (also see the Ethics website on travel expenses);

(2) Providing assistance to officials in all areas concerning employee travel payments by non-Federal sources;

(3) Conducting a technical compliance review of requests for the acceptance of travel payments from non-Federal entities under 31 U.S.C. 1353; and

(4) Completing the Semiannual Report of Payments Accepted from a Non-Federal Source (Office of Government Ethics (OGE) Form 1353).

C. Approving Officials

Approving the acceptance of employee travel expenses from non-Federal sources under 31 U.S.C. 1353 after the Ethics office has cleared it.

D. Employees

Following the procedures in this policy for obtaining approval for accepting non-Federal payments for employee travel.

TRAVEL EXPENSE ACCEPTANCE

13.7 When may an employee accept travel expenses from a non-Federal source?

A. Employees may only accept travel expenses from a non-Federal source when the travel is for attendance at a:

(1) Conference,

(2) Meeting,

(3) Seminar,

(4) Training course,

(5) Speaking engagement, or

(6) Similar event that takes place away from their permanent duty station.

B. Employees must not accept travel expenses from a non-Federal source for:

(1) Events required to carry out the Service’s or Department’s statutory and regulatory functions (e.g., investigations, inspections, audits, site visits),

(2) Attendance at vendor promotional training, or

(3) Other meetings held for the primary purpose of marketing the non-Federal source’s products.

13.8 May employees solicit payments from non-Federal sources for travel expenses? No. Employees are prohibited from soliciting non-Federal sources to pay for travel expenses.

APPROVAL PROCESS

13.9 How do employees receive approval for travel expense acceptance?

A.  Employees must have an approved travel authorization in the electronic travel system (see 265 FW 4) that:

(1) Specifies whether full or partial payment has been authorized under 31 U.S.C. 1353,

(2) States that travel circumstances are in compliance with 41 CFR 304,

(3) Provides the actual reimbursement amount if known, and

(4) Is approved by the employee’s approving official in the electronic travel system.

B. Employees must submit an Authorization for Acceptance of Travel Expenses from Non-Federal Sources form (DI-2000) to the Ethics office for clearance. After receiving clearance, employees send it to their approving official to approve acceptance of the expenses on the form.

(1) If estimated costs are used, employees must provide the actual expense amounts to the Ethics office within 15 days of returning from travel.

(2) If employees receive additional benefits not included on the original DI-2000, they must send a new, additional DI-2000 to the Ethics office within 7 days of returning from travel.

(3) After the DI-2000 is approved by their approving official, employees must send a copy of the signed DI-2000 back to the Ethics office for reporting purposes.

13.10 What documentation are employees required to submit with the DI-2000? Employees must submit the following documentation to the Ethics office with the DI-2000:

A. Complete copy of the invitation to attend/participate in the event, including a point of contact;

B. Event agenda;

C. Documentation that a non-Federal source has offered travel-related gifts (e.g., statement included in the invitation, email);

D. Documentation showing the value of each travel-related gift (e.g., travel authorization showing costs, registration with price of the event); and

E. Website where additional information can be obtained about the event.

13.11 What do employees need to consider before requesting approval for acceptance of travel expenses? Employees must ensure the non-Federal source does not have any interest in any official matter(s) involving the Service or Department. If any of the following applies to the non-Federal source, employees must notify the Ethics office:

A. Seeks or has an existing contract, grant, or cooperative agreement with the Service or Department;

B. Seeks or has a lease, permit, or any other similar benefit with the Service or Department;

C. Has a pending enforcement action or litigation involving the Service or Department;

D. Is involved with other matters involving a Service or Department-related decision or ruling; or

E. Represents any person, company, industry, or entity in connection with subsections 13.11A-D above.

13.12 Are there circumstances where a payment from a non-Federal source cannot be accepted? Yes. The Service must not accept payments from a non-Federal source if acceptance under the circumstances would cause a reasonable person with knowledge of all the relevant facts to question the integrity of the work to be performed by the employee receiving the benefit, or question the integrity of the Service or Department’s other program operations.

13.13 How does the Service determine if a non-Federal source is disqualified on the basis of conflict of interest? The Service, working with the Ethics office, must consider:

A. The identity of the non-Federal source and its relationship to the Service or Department;

B. The purpose of the meeting or similar function and its importance to the Service or Department’s programs and operations;

C. The identity of other expected participants and their relationship to the Service or Department;

D. The nature and sensitivity of any pending agency matter that, when decided, may affect the interests of the non-Federal source;

E. The significance of the employee's role in any such pending matter;

F. The monetary value and character of the travel benefits offered by the non-Federal source; and

G. The potential reaction from the Service or Department’s customers, including the public, if they became aware of the acceptance of travel expenses.

PAYMENTS

13.14 How are payments processed from non-Federal sources? Employees must not accept any payment or reimbursement made to them personally.

A. The non-Federal source must make payments in the form of:

(1) Check or similar instrument made payable to the Service (see 261 FW 1 for collection procedures), or

(2) In-kind items (e.g., registration fee, transportation, lodging, meals, etc. that the non-Federal source purchases or pays for).

B. Employees must never accept cash from a non-Federal source as payment or reimbursement for travel expenses.