B-103315 L/M, MAY 7, 1982, OFFICE OF GENERAL COUNSEL
Highlights
WE ADVISE THAT THE EMPLOYEE MUST TURN IN THE COUPON TO THE APPROPRIATE ADMINISTRATIVE OFFICER SINCE A FEDERAL EMPLOYEE IS REQUIRED TO ACCOUNT FOR ANY GIFT. TRAVEL BY EMPLOYEES OF THE UNITED STATES SENATE IS NOT GOVERNED BY CHAPTER 57 OF TITLE 5. THE COUPON HAS NO VALUE TO THE GOVERNMENT UNLESS THE EMPLOYEE WHO RECEIVED THE COUPON IS GOING TO HAVE OFFICIAL BUSINESS IN HAWAII IN THE NEAR FUTURE. YOUR QUESTION IS WHETHER THE EMPLOYEE MAY BE ALLOWED TO USE THE COUPON FOR TRAVEL IN WHICH HE DOES NOT PERFORM OFFICIAL BUSINESS. THE GENERAL RULE IS THAT A FEDERAL EMPLOYEE IS REQUIRED TO ACCOUNT FOR ANY GIFT. OR BENEFIT RECEIVED FROM PRIVATE SOURCES INCIDENT TO THE PERFORMANCE OF OFFICIAL DUTY AND ANY PAYMENTS TENDERED TO THE EMPLOYEE ARE VIEWED AS HAVING BEEN RECEIVED ON BEHALF OF THE GOVERNMENT.
B-103315 L/M, MAY 7, 1982, OFFICE OF GENERAL COUNSEL
DIGEST: AN EMPLOYEE TRAVELING ON OFFICIAL BUSINESS RECEIVED A DISCOUNT COUPON FOR FUTURE TRAVEL TO HAWAII ONLY. THE AIRLINE PROHIBITS THE TRANSFER OF THE COUPON OUTSIDE OF THE EMPLOYEE'S IMMEDIATE FAMILY AND THE COUPON HAS NO CASH SURRENDER VALUE. WE ADVISE THAT THE EMPLOYEE MUST TURN IN THE COUPON TO THE APPROPRIATE ADMINISTRATIVE OFFICER SINCE A FEDERAL EMPLOYEE IS REQUIRED TO ACCOUNT FOR ANY GIFT, GRATUITY, OR BENEFIT RECEIVED FROM PRIVATE SOURCES INCIDENT TO THE PERFORMANCE OF OFFICIAL DUTY.
MR. STUART F. BALDERSON, FINANCIAL CLERK OF THE SENATE:
THIS REFERS TO YOUR LETTER DATED FEBRUARY 17, 1982, CONCERNING THE USE OF AIRLINE DISCOUNT TICKETS RECEIVED BY EMPLOYEES TRAVELING ON OFFICIAL BUSINESS. TRAVEL BY EMPLOYEES OF THE UNITED STATES SENATE IS NOT GOVERNED BY CHAPTER 57 OF TITLE 5, UNITED STATES CODE. SEE 5 U.S.C. SEC. 5701 (1976). HOWEVER, WE OFFER THE FOLLOWING INFORMATION AND VIEWS WHICH SETS FORTH HOW WE WOULD HANDLE THE SITUATION UNDER THE APPLICABLE LAWS, TRAVEL REGULATIONS, TREASURY BULLETINS, AND OUR DECISIONS.
ACCORDING TO YOUR LETTER, AN EMPLOYEE OF THE SENATE TRAVELING ON OFFICIAL BUSINESS RECEIVED A DISCOUNT COUPON FOR FUTURE TRAVEL. WE UNDERSTAND THAT THE COUPON, ALONG WITH $100, CAN BE USED TO PURCHASE A TICKET TO HAWAII ONLY. THE AIRLINE DOES NOT ALLOW THE HOLDER OF THE DISCOUNT COUPON TO TRANSFER THE COUPON OUTSIDE OF HIS OR HER IMMEDIATE FAMILY. ALSO, THE COUPON HAS NO CASH SURRENDER VALUE. THEREFORE, THE COUPON HAS NO VALUE TO THE GOVERNMENT UNLESS THE EMPLOYEE WHO RECEIVED THE COUPON IS GOING TO HAVE OFFICIAL BUSINESS IN HAWAII IN THE NEAR FUTURE.
YOUR QUESTION IS WHETHER THE EMPLOYEE MAY BE ALLOWED TO USE THE COUPON FOR TRAVEL IN WHICH HE DOES NOT PERFORM OFFICIAL BUSINESS.
THE GENERAL RULE IS THAT A FEDERAL EMPLOYEE IS REQUIRED TO ACCOUNT FOR ANY GIFT, GRATUITY, OR BENEFIT RECEIVED FROM PRIVATE SOURCES INCIDENT TO THE PERFORMANCE OF OFFICIAL DUTY AND ANY PAYMENTS TENDERED TO THE EMPLOYEE ARE VIEWED AS HAVING BEEN RECEIVED ON BEHALF OF THE GOVERNMENT. JOHN B. CURRIER, B-195946, 59 COMP.GEN. 95 (1979); B-148879, JULY 20, 1970, AND AUGUST 28, 1970. THEREFORE, WE RECENTLY CONCLUDED THAT AN EMPLOYEE MAY NOT RETAIN ANY BONUS OR GIFT COUPON OR SIMILAR ITEM OF VALUE RECEIVED FROM A COMMERCIAL AIR CARRIER ON THE BASIS OF A PURCHASE OF AN AIRLINE TICKET TO BE USED FOR OFFICIAL TRAVEL. B-199656, JULY 15, 1981, COPY ENCLOSED, AND TREASURY BULLETIN NO. 79-09. THE PURPOSE OF THE TREASURY BULLETIN WAS TO ESTABLISH SPECIFIC PROCEDURES FOR THE RECOVERY OF BONUSES OR GIFTS ISSUED BY AIR CARRIERS IN CONJUNCTION WITH THE PURCHASE OF AIRLINE TICKETS USED FOR OFFICIAL BUSINESS.
HOWEVER, WE HAVE ALLOWED AN EMPLOYEE TO KEEP PAYMENTS MADE TO THE EMPLOYEE BY AN AIRLINE FOR VOLUNTARILY VACATING HIS SEAT ON AN OVERBOOKED AIRPLANE. CHARLES E. ARMER, B-194252, 59 COMP.GEN. 203 (1980); EDMUNDO REDE, JR., B-196145, JANUARY 14, 1980, COPIES ENCLOSED. WE DID SO IN PART BECAUSE THE CIVIL AERONAUTICS BOARD (CAB) HAD JUST ISSUED REGULATIONS TO ENCOURAGE AIRLINE PASSENGERS TO VOLUNTARILY RELINQUISH THEIR SEATS. REASONED THAT THE PURPOSE OF CAB'S REGULATIONS WOULD BE FRUSTRATED IF WE DID NOT ALLOW EMPLOYEES TO KEEP THESE PAYMENTS. WE ALSO HELD THAT THERE WAS NO DOUBLE REIMBURSEMENT AND NO CONFLICT OF INTEREST.
IN ANOTHER RECENT DECISION, B-199565, SUPRA, WE HELD THAT WHEN AN EMPLOYEE TRAVELING ON OFFICIAL BUSINESS ENTERS A CONTEST SPONSORED BY AN AIR CARRIER WHICH IS OPEN TO THE GENERAL PUBLIC, RATHER THAN TO JUST TICKETHOLDING PASSENGERS, THE EMPLOYEE WOULD NOT HAVE A DUTY TO ACCOUNT FOR ANY PRIZES WON.
HOWEVER, THE SITUATION YOU DESCRIBE DOES NOT FALL UNDER ONE OF THE TWO EXCEPTIONS OUTLINED ABOVE. HERE, THE DISCOUNT COUPON FOR TRAVEL TO HAWAII WAS RECEIVED BY THE EMPLOYEE AS A RESULT OF THE PURCHASE FOR OFFICIAL BUSINESS TRAVEL OF A TICKET ON A DOMESTIC QUALIFYING FLIGHT ON THE AIRLINE INVOLVED. IT CLEARLY IS A BENEFIT OR ITEM OF VALUE RECEIVED FROM A PRIVATE SOURCE INCIDENT TO THE PERFORMANCE OF OFFICIAL DUTY AND, HENCE, FALLS WITHIN THE GENERAL RULE REQUIRING THE BENEFIT TO BE TURNED OVER TO THE GOVERNMENT. TO ALLOW THE EMPLOYEE TO RETAIN AND USE THE DISCOUNT COUPON FOR PERSONAL TRAVEL WOULD CONSTITUTE ADDITIONAL REIMBURSEMENT TO THE EMPLOYEE AND WOULD INVOLVE A POTENTIAL CONFLICT OF INTEREST.
WE REQUESTED AND RECEIVED WRITTEN COMMENTS FROM THE GENERAL SERVICES ADMINISTRATION ON THIS MATTER. THE GSA'S OPINION IS IN AGREEMENT WITH US THAT THE EMPLOYEE MAY NOT KEEP THE COUPON FOR HIS PRIVATE USE UNDER ANY CIRCUMSTANCES.
OUR VIEW IS THAT THE COUPON MUST BE TURNED IN TO AN APPROPRIATE ADMINISTRATIVE OFFICER, AS WAS DONE IN THIS CASE. IF IT SHOULD BECOME NECESSARY TO SEND THE EMPLOYEE TO HAWAII ON OFFICIAL DUTY WITHIN THE PERIOD FOR WHICH THE COUPON IS VALID, IT THEN WOULD BE AVAILABLE FOR SUCH PURPOSE.
WE HOPE THIS INFORMATION IS HELPFUL TO YOU IN THIS MATTER.