# RALPH H. JOHNSON DEPARTMENT OF CENTER POLICY MEMORANDUM

VETERANS AFFAIRS MEDICAL CENTER NO. 14-06-01

CHARLESTON, SC June 22, 2006

ACCEPTANCE OF GIFTS OR DONATIONS IN CASH OR IN-KIND EXPENSES BY VHA
EMPLOYEES IN CONNECTION WITH OFFICIAL TRAVEL

OR AUTHORIZED ABSENCE

I. [PURPOSE]{.underline}. To establish policy and procedures for the
conditions and reporting requirements under which VHA employees may
accept gifts or donations in cash or in-kind in connection with official
travel or authorized absence for education and training activities, and
meetings (Remunerated professional activities conducted outside of an
employee\'s VA employment are covered in VA Handbook 5025.)

II\. [POLICY]{.underline}. VHA employees can be authorized to accept a
contribution or award for training in non-Government facilities or to
accept payment from a non-Government organization for travel,
subsistence and other expenses for attendance at meetings.

> A. When the organization is determined to be tax exempt as described
> in 26 U.S.C. 501(c)(3).
>
> B. If the payments are made by the Treasury of a state, county, or
> municipal government.
>
> C. When the individual employed in VHA is a nationally recognized
> principal investigator in Medical Research and meets two or more of
> the following requirements:
>
> 1\. Listed in American Men and Women of Science or other comparable
> publication;
>
> 2\. Recognition among the employee\'s professional peers based on the
> employee\'s medical research accomplishments;
>
> 3\. Receipt of significant awards or honors for medical research
> accomplishments;
>
> 4\. Invitation to participate in national conventions or meetings of
> medical or scientific organizations in order to deliver a paper or
> address concerning the participant\'s medical research;
>
> 5\. Publication of research results in nationally circulated medical
> or scientific publications of good repute or in widely used texts.
>
> D. A VHA employee traveling on official business related to operations
> of the VHA medical care system or on authorized absence status,
> including attendance at meetings, may accept a donation in the form of
> accommodations, meals, travel, transportation, and related expenses on
> behalf of the agency. The donation must be prepaid by the donor
> organization(s), e.g., a plane ticket, or billed by the provider
> directly to the donor organization. Direct payment or reimbursement to
> the employee is not permitted.
>
> E. Any employee who desires to accept an offer of non-federal support
> for
>
> travel must complete the attached form, Advance Review of Offer to
> Donate Support for Official VA Travel (Attachment A). The form should
> be sent to the Associate Chief of Staff for Education, ACOS/E (14), as
> soon as possible but not less than ten (10) workdays prior to the date
> of travel. After review, the form will be submitted to the Regional
> Counsel for a determination of the propriety of accepting the donated
> support. The regulations specifically prohibit an employee from
> commencing travel prior to receipt of a determination by Regional
> Counsel on the propriety of accepting support from a non-federal
> source.

III\. [DELEGATION OF AUTHORITY AND RESPONSIBILITIES]{.underline}.

> A. The Director is the approving official for the acceptance of any
> non-Federal contributions. This authority may not be delegated to any
> other facility
>
> official. Employees should submit their requests to the facility using
> VA Form 10-0101B. Any request from an employee for the acceptance of
> such contributions
>
> must meet the following conditions:
>
> 1\. Authorization must be in writing and in advance of the acceptance.
> A copy of the authorization is to be sent to Resource Management
> Service so a determination can be made if any reductions in agency
> paid expenses are required to avoid duplicate payments.
>
> 2\. The contribution, award, or payment is not a reward for services
> to the organization prior to the training or meeting.
>
> 3\. Acceptance of the contribution, award or payment would:
>
> a\. Not reflect unfavorably on the ability of the employee to carry
> out official duties in a fair and objective manner;
>
> b\. Not compromise the honesty and integrity of Government programs or
> of Government employees and their official actions or decisions;
>
> c\. Not result in or appear to result in any preferential treatment or
> private gain to the donor;
>
> d\. Be compatible with the Code of Ethics for Government Service
> expressed in Public Law 93-303;
>
> e\. Otherwise be proper and ethical for the employee concerned
>
> under the circumstances in his/her particular case.
>
> f\. Not result in or give the appearance that employees are:
>
> \(1\) Using public office for private gain;
>
> \(2\) Giving preferential treatment to a company with commercial
> interests in VA;
>
> \(3\) Losing impartiality;
>
> \(4\) Adversely affecting the public\'s confidence in the integrity of
> the Government; and,
>
> \(5\) Giving the appearance of marketing a commercial product.
>
> g\. In summary, the primary concerns in conflict of interest
> situations are:
>
> \(1\) Is there personal gain?
>
> \(2\) Does the source of support have or seek a contract or other
> commercial relationship with VA?
>
> \(3\) Can a company\'s interest be advanced in the performance of the
> employee\'s official duties?
>
> B. Appeals to the Director's decisions may be directed in writing
> through the employee\'s division or service chief to the facility
> Director with any administrative or technical
> explanation/justification not included in the original request.
>
> C. Excessive personal expenses will not be authorized as this would be
> a violation of Employee Code of Conduct. The Federal Travel
> Regulations will be used as a guide in determining the appropriate
> amounts.
>
> D. The circumstances specified above apply to both domestic and
> foreign travel. Generally, employees and their spouses and dependents
> may not accept gifts from a foreign government.

IV\. [ACTION]{.underline}. Each employee is responsible for reporting
all acceptance of donations, in cash or in kind, and for appropriate
reporting of foreign travel as required by VA Manual M-8, Part V,
Chapter 3. The report will be submitted within 10 days after return from
travel to ACOS for Education (14) and will contain the following:

> A. Name of employee, including VA title and assignment;
>
> B. Dates and location of detail;
>
> C. Name and address of donor;
>
> D. Amount and nature of donation, contribution, award, or payment;
>
> E. Purpose for which donation, contribution, award, or payment was
> made;
>
> F. If donation is in relation to a \"nationally recognized principal
> investigator\", note the specific criteria supporting such acceptance
> (See II.C. above.);
>
> G. If an award, state title;
>
> H. Evidence of facility Director's written authorization/approval,
> including any special exceptions under paragraph III.A.

V. [REFERENCES]{.underline}. M-8, Part V, Chapter 5; M-8, Part V,
Chapter 3; and Handbook 5025.

VI\. [RESCISSION]{.underline}. Center Policy Memorandum No. 14-03-01
dated November 17, 2003.

FLORENCE N. HUTCHISON, M.D.

Acting Director

Attachment

# RALPH H. JOHNSON DEPARTMENT OF CENTER POLICY MEMORANDUM

VETERANS AFFAIRS MEDICAL CENTER NO. 14-06-01

CHARLESTON, SC ATTACHMENT A

June 22, 2006

# **To: Assistant General Counsel (023) or Regional Counsel** 

# 

# **Date: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

#  

**Subject: [Advance Review of Offer to Donate Support for Official VA
Travel]{.underline}**

We request legal review and comments on the following **unsolicited**
offer of support for official travel, scheduled for
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(DATE), to
attend a meeting or similar function in
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
(CITY/STATE):

Information about Traveling VA Employee ("Traveler"):

Name:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Title/Position:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Duty Station:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Information about Meeting or Similar Function:

Name and Purpose:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Traveler's Role (ex: attendee, speaker, trainee, etc):
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Other Entities Attending/Participating:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Relation to Traveler's Official Duties:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

How Does it Further VA's Interests?:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Non-Federal Source Offering Support ("Donor"):
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

> Are there any pending contracts, proposals, requests for proposals,
> affiliation agreements, or other decisions or matters involving VA and
> the Donor? **YES or NO. (Circle response) If YES, describe the pending
> matters.**
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Does the Traveler have a role in VA action on any of the pending
> matters? **YES or NO. (Circle response)** **If YES, describe the
> Traveler's role.
> \_**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Has the Donor offered support for the Traveler's spouse? **YES or NO.
(Circle response)**

Provide the dollar value offered for each expense listed below. **If a
listed expense is not being offered, print or type NONE. Specify whether
the support will be provided (1) in cash to the VA Employee,\* (2) in
cash to VA, or (3) In-Kind.\*\***

Type of Reimbursement:

Lodging: \$\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Meals: \$\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Airfare: \$\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Ground Transportation: \$\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Registration Fee for the meeting or similar function:
\$\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Other Expenses: \$\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Total dollar value of support being offered (incl. support offered to
spouse): \$ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**\* VA employees receiving cash reimbursements must confirm that the
donor is a tax-exempt 501(c)(3) corporation. Is the donor a 501(c)(3)
corporation? YES or NO. (Circle response)**

**\*\* In-kind means services [instead of monetary
payments]{.underline}. (Example: when the Donor pays the hotel for the
Traveler's lodging, instead of providing cash reimbursement to the
Traveler.)**

***[NOTE: PLEASE ATTACH ANY APPLICABLE DOCUMENTATION]{.underline}***

***[PERTAINING TO THE MEETING AND THE OFFERED TRAVEL
SUPPORT]{.underline}***

**[CERTIFICATION OF REQUESTING OFFICE]{.underline}**

I certify that the answers above are truthful and complete.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Signature of Requesting Office Head

(Please print name and title:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_)

**[LEGAL REVIEW]{.underline}**

**To: Requesting Office**

Based on the facts above, VA could lawfully determine that accepting the
offered travel support would be proper. The officials listed at the
bottom are authorized to make that determination, in advance of the
travel, and to give final advance approval of acceptance.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Date: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Assistant General Counsel (023) or Regional Counsel

**[APPROVING OFFICIAL'S DETERMINATION]{.underline}**

**To: Requesting Office**

Based on the facts provided above, I determine that the travel is in the
interest of the Government and relates to the traveling employee\'s
official duties. I further determine that acceptance of the offered
travel support would not cause a reasonable person with knowledge of all
the relevant facts to question the integrity of VA's programs or
operations. I have considered any impact the performance or
nonperformance of the traveling employee\'s official duties might have
on the donor. I approve acceptance of the travel support.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Date: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Florence N. Hutchison, MD

Acting Director