[Code of Federal Regulations]
[Title 41, Volume 4]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR304-1.9]

[Page 239-240]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
   CHAPTER 304--PAYMENT FROM A NON-FEDERAL SOURCE FOR TRAVEL EXPENSES
 
PART 304-1--ACCEPTANCE OF PAYMENT FROM A NON-FEDERAL SOURCE FOR TRAVEL EXPENSES--Table of Contents
 
Sec. 304-1.9  Reports.

    (a) Agency reports. Each agency shall submit semiannual reports of 
payments (see definition of payment in Sec. 304-1.2(c)) which total more 
than $250 per event, and which have been accepted under this part with 
respect to the attendance at, or participation in, a meeting or similar 
function by an agency employee, and/or accompanying spouse of such 
employee when applicable. Negative reports are required.
    (1) Submission. The head of each agency (or his/her designee) shall 
submit the semiannual report to the Director of the Office of Government 
Ethics (OGE), 1201 New York Avenue, N.W., Suite 500, Washington, DC 
20005-3917. The report shall be based on when payment is received rather 
than when travel is performed, and shall be submitted as follows:
    (i) Not later than May 31 of each year with respect to payments 
received in the preceding period beginning on October 1 and ending on 
March 31; and
    (ii) Not later than November 30 of each year with respect to 
payments received in the preceding period beginning on April 1 and 
ending on September 30.
    (2) Information required. Except as provided in paragraph (a)(6) of 
this section, the report shall specify the following information in the 
order presented:
    (i) The name of the agency submitting the report;
    (ii) Each event (meeting or similar function) for which an agency 
accepts payment under this part of more than $250 for an employee and 
spouse together, or for either the employee or the spouse separately, 
including:
    (A) The sponsor(s) of the event;
    (B) The location of the event;
    (C) The date(s) of the event; and
    (D) The nature of the event;
    (iii) The name of each employee for whom such payment was accepted 
in connection with the event, including:
    (A) The employee's Government position; and
    (B) The employee's travel date(s) in connection with attendance at 
the event;
    (iv) The name of the accompanying spouse, if applicable, for whom 
payment was accepted in connection with the event, including:
    (A) The name of the employee accompanied by the spouse;
    (B) The employee's Government position; and
    (C) The spouse's travel date(s) in connection with attendance at the 
event;
    (v) The identity of any non-Federal source from which payment was 
accepted in connection with the event;
    (vi) An itemization of the benefits accepted by the agency in 
connection with attendance at the event, including for each benefit:
    (A) A description of the benefit, provided that benefits accepted as 
a part of a conference or training fee need not be reported separately;
    (B) The method of payment (payment in kind or by check or similar 
instrument);
    (C) The individual for whom payment was accepted (employee or 
spouse);

[[Page 240]]

    (D) The non-Federal source that provided the benefit; and
    (E) The amount of the payment; and
    (vii) The total value of the payments accepted for the employee and/
or spouse in connection with the event identified as follows:
    (A) The total amount of payments provided by check or similar 
instrument; and
    (B) The total value of payments provided in kind.
    (3) Valuation of payments in kind. In the case of conference, 
training, or similar fees waived or paid by the non-Federal source, 
report the amount charged other participants. In the case of 
transportation or lodging, report the cost to the non-Federal source, or 
indicate the rate that would have been charged a similar non-Federal 
source for a similar benefit at the time the benefit was provided. In 
the case of meals or other benefits that are not provided incident to 
transportation, lodging, or a conference, training, or similar fee, 
report the cost to the non-Federal source or provide a reasonable 
approximation of the market value of the benefit.
    (4) Valuation of noncommercial benefits furnished by a non-Federal 
source--(i) Transportation. In the case of transportation on a 
chartered, corporate or other private aircraft, report the first-class 
rate that would have been charged by an air common carrier at the time 
the transportation was provided or, if common carrier transportation was 
unavailable between the two locations, report the cost of chartering a 
similar aircraft using a commercially available service.
    (ii) Lodging. In the case of lodging for which no commercial rate is 
available, report the maximum lodging rate prescribed in chapter 301 of 
this subtitle; section 925, a per diem supplement to the Standardized 
Regulations (Government Civilians, Foreign Areas); or Civilian Personnel 
Per Diem Bulletins issued by the Secretary of Defense, as applicable.
    (5) Public availability of reports. Except as provided in paragraph 
(a)(6) of this section, the Director of OGE shall make any report filed 
pursuant to this section available for public inspection and copying 
within 30 days after the applicable due date or within 30 days after the 
date OGE actually receives the report, whichever is later.
    (6) Exemption. To the extent that information is protected from 
disclosure by statute, an agency is not required to furnish information 
otherwise required to be reported. Information that may be disclosed 
shall be submitted to OGE and made available to the public in accordance 
with paragraph (a)(5) of this section. Information that is not disclosed 
because it is protected from disclosure by statute shall be made 
available by the reporting agency for review by properly cleared OGE 
personnel.
    (b) Employee reports. Payments properly accepted under this part are 
accepted by the agency. Receipt of a benefit by an employee and/or the 
accompanying spouse, when applicable, on behalf of the agency under the 
authority of this part is not required to be reported as a gift on any 
confidential or public financial disclosure report that the employee is 
required to file pursuant to law or OGE regulation. Acceptance of 
payment by an employee for himself/herself and/or the accompanying 
spouse, when applicable, under authorities other than this part may be 
subject to other reporting requirements such as those required by the 
Ethics in Government Act of 1978, as amended, including reporting the 
payment on the employee's financial disclosure report.