**NRCS Ethics Office**

**2006 x 6**

**Letter to the National Technical Service Provider (TSP) Team Leader**

\[July 16, 2006\]

SUBJECT: Whether NRCS will accept non-Federal travel assistance in
connection with attending meetings to the non-Federal organization to
develop its TSP certification program

Key Words: 1353 Travel and TSP Certification Programs; Assisting
Professional Society

This summarizes the request and Ethics Office response regarding whether
NRCS will accept non-Federal travel assistance in connection with
meetings to assist a non-Federal organization to develop its Technical
Service Provider (TSP) certification program.

You requested guidance regarding an invitation being sent to some NRCS
employees by a \[Professional Society\] inviting them to participate in
a meeting to develop their TSP certification program?  Their letter
read, in pertinent part:

> The \[Professional Society\'s\] Continuing Education Committee will be
> holding a meeting on July 31 and August 1.  This will be a joint
> meeting with the Exam and Procedures Committee and NRCS personnel to
> evaluate and develop a specialty area certification based on the new
> NRCS performance objectives in nutrient management planning, pest
> management planning and irrigation.
>
>  
>
> This is a great opportunity for \[Professional Society\] to work with
> NRCS in designing the next phase of technical service providers.  The
> NRCS performance objectives will set the new requirements for TSP. 
> Your participation will be very beneficial to the process.
>
>  
>
> \* \* \*. The \[Professional Society\] **will reimburse you for your
> travel related expenses so please keep all travel expense receipts.**

There are two ethics pieces to this that we will look at when we receive
more information:

 

> 1.  Ethics approval is required before NRCS can accept the travel
> assistance.  At this point, I cannot say whether it would be
> approved.  The employees cannot accept the travel assistance in their
> personal capacities.  We have not received any request to approve the
> outside travel assistance in this case.    Is this covered by an
> agreement?
>
> 2.  We will also need to consider the issue of whether NRCS assistance
> in this case exceeds what we provide for similarly situated
> organizations.  This is because of the prohibition (under rules on
> misuse of position) against use of our resources to benefit
> a non-Federal entity.  \[This applies regardless of the travel
> assistance issue.\]  FYI, as a general rule, it would be okay if, as
> an agency, NRCS is sending employees to assist any other such
> organization also working to evaluate and develop a specialty area
> certification based on the new NRCS performance objectives.  In other
> words, the ethics issue here is that we should not use NRCS resources
> to benefit one organization if we are not doing the same for all
> similar others as well. 

The National TSP Program Manager provided the following additional
information:

> The \[text\] I forwarded you \[provided above\] is being sent to
> individuals that work as TSP coordinators in some states.  The only
> information I have is that they are inviting \[NRCS employees\] to
> give them assistance in developing a certification program.  Their old
> certification program has recently been deemed insufficient for
> certain purposes related to TSP certifications and they wish to gear
> it up to the new standards.  \[NRCS has an\] MOU with this
> organization that says we will cooperate together in the certification
> endeavor.

SUMMARY OF FINAL REPLY

You advised that the MOU between NRCS and \[Professional Society\] to
cooperate with their certification program is still in effect.  And, you
are saying that this activity is something NRCS properly agrees to do
for \[Professional Society\].  That gets it down to one remaining ethics
issue \-- that of the required ethics approval to accept the outside
travel assistance. 

I will need to see the MOU so please send a copy to me.  In the
meantime, FYI this is who ethics looks at in this situation:

-   You advised that this activity is something NRCS agreed to do in an
    MOU. NRCS needs to pay for our employee\'s travel unless the MOU
    specifically provides that \[the Professional Society\] will pay for
    it.

-   The issue of whether \[Professional Society's\] program
    meets NRCS standards is a sensitive matter currently pending in
    which \[Professional Society\] has an interest.  Therefore, it is
    not appropriate for NRCS to accept funds from \[Professional
    Society\] for our people to travel to work on that issue with
    \[Professional Society\] unless it is specifically provided for in
    the MOU.

/s/

 

Caryl J. Butcher

NRCS Ethics Officer