Appropriated Funds
This page provides guidance on the very limited circumstances under which NASA may use appropriated funds to purchase food. Questionnaires are provided to help you gather the information needed for your Center counsel to determine whether one of the limited exceptions to the prohibition on paying for food with NASA’s appropriated funds applies.
General Rule
As a general rule, food is a personal expense and appropriated funds may not be used to provide food to Government employees at their official duty station or to any other persons. Exceptions to the prohibition are discussed below.
Note that NASA is prohibited under 31 U.S.C. Sec. 1345 from using appropriated funds to pay for the travel, transportation, and/or subsistence of non-Federal attendees at meetings. “Meetings” in this context include, but are not limited to, conferences and other Agency-sponsored events. Thus, the exceptions described below do not extend to providing food or travel to non-Federal persons, except where noted.
Here are examples of events and scenarios that do not qualify for the use of Agency funds to provide food:
- Working at official duty station, even under unusual conditions, e.g., extreme weather or late hours
- Day-to-day routine business meetings, i.e., meetings that discuss business matters internal to NASA or other topics having little relevance outside of NASA
- Working group meetings
- Off-site retreats
- All-hands meetings or staff meetings
- Meetings irrelevant to official agency business
Exceptions and Procedures
The basic fiscal law prohibition on the use of appropriated funds to provide food to Federal employees at their duty stations is subject to some exceptions. Your Center counsel must review any request to use appropriated funds to provide food. Center counsel’s determination that use of funds for food in a particular circumstance is legally permissible does not constitute approval for such purchases. The request must also be approved by an official with management and budget authority to commit funds for this purpose. Use the questionnaires on this webpage to gather and provide the relevant information for your Center counsel’s review.
A. Conferences
Subject to some exclusions, a conference is defined as “meeting, retreat, seminar, symposium, or event that involves attendee travel.” See the Federal Travel Regulations 2.1.2. (FTR), 41 CFR 300-3.1.1. For further information, see Chapter 2, NID 9700.1A, NASA Conference Approval and Reporting.
- Agency conferences:
- Current Agency policy prohibits providing food at its conferences or otherwise using direct appropriated funds to pay for food or light refreshments at conferences it is sponsoring. See Section 7.5.1, NID 9700.1A, NASA Conference Approval and Reporting. The prohibition on Agency-funded food at a conferences does not apply to Agency awards ceremonies or training events that are separate from a conference.
- Note that the Agency will not issue a widely attended gathering (WAG) determination in cases where a non-Government entity offers to provide food, refreshments, or entertainment to employees at an event that is part of or held in conjunction with a conference that is primarily sponsored by NASA. See Section 7.5.2, NID 9700.1A, NASA Conference Approval and Reporting. WAGs are legal determinations that allow employees to accept free attendance at an event that meets certain standards set out in the Federal Standards of Conduct. For details on when NASA qualifies as a “primary sponsor” of a conference, please refer to Section 7.3.5, NID 9700.1A.
- Non-NASA Conferences:
- For meetings and conferences held by a non-Government organization, employees will typically be asked to pay a registration fee. If a single fee is charged for attendance and meals, then the Agency may pay the entire fee. This would include evening social events where the costs are non-separable portions of the fee.
- If a separate charge is made for meals, the Agency may still pay for the meals if there is a showing that 1) meals are incidental to the meeting, 2) attendance of the employee is necessary to full participation in the business of the conference, and 3) the employee is not free to take meals elsewhere without missing essential formal discussions, lectures, or speeches concerning the purpose of the conference.
- These exceptions do not apply in the cases of day-to-day routine Agency-sponsored meetings, such as those involving discussion on the internal procedures or operations of the Agency. Rather, there should be a showing that the meeting or conference involves topical matters of general interest that might appeal to both governmental and nongovernmental participants.
B. Training Events
The Government Employees Training Act, 5 U.S.C. Sec. 4109, authorizes agencies to spend appropriated funds for the necessary expenses of training employees, which GAO has determined may include food and refreshments. The term “training” is defined as a “planned, prepared, and coordinated program, course, curriculum, subject, system, or routine of instruction or education in scientific, professional, technical, mechanical, trade, clerical, fiscal, administrative, or other fields intended to improve individual and organizational performance and assist in achieving the Agency’s mission and performance goals.” 5 U.S.C. 4101.
Agencies may pay the necessary expenses of training including the necessary cost of “other services or facilities directly related to the training of the employee.” See 5 U.S.C. Sec. 4109(a)(2)(f). NASA can provide meals or refreshments under this authority if it determines that doing so is necessary to achieve the objectives of the training program. This generally requires a finding that attending all the meals and refreshment periods is necessary to receive the full benefit of the training. As with the costs of training, the food expenses are also limited to employees. In addition, the government may furnish meals to nongovernment guest speakers as an expense of conducting the training.
Restrictions on providing food at conferences WILL apply to training events imbedded within a broader event that meets the definition of a conference.
C. Travel
An employee may receive per diem when traveling on official business away from the employee’s official duty station and in a travel status for more than 12 hours. Note that if a traveling civil servant’s food is paid for using appropriated funds through another mechanism (e.g., part of conference registration fee), then per diem should be reduced accordingly to avoid double-paying. For details, see § 301-11.201 of NID 9700.2, the NASA Travel Regulations Supplement (NFTRS). Questions may be directed to your Center Travel Office.
NASA may pay for travel, transportation, and subsistence of persons who meet the definition of “employee” under FTR Section 301-1.2 (for example, invitational travelers and special Government employees) that perform a direct benefit for NASA. Use of this authority is an exception to the prohibition in 31 U.S.C. § 1345 on using appropriated funds to pay for the travel, transportation, and/or subsistence of non-Federal attendees at meetings. In such cases, an official NASA travel authorization is required. For further information, see Part 301-32, Invitational Travel, of NID 9700.2, the NASA Travel Regulations Supplement (NFTRS), and Section 7.8 of NID 9700.1A, NASA Conference Approval and Reporting.
D. Awards Ceremonies
The Government Employees Incentive Awards Act, 5 U.S.C. §§ 4501-4506, allows the Government to incur necessary expenses for the honorary recognition of Federal employees. This honorary recognition may include food and refreshments where the Agency determines that the food and refreshments will materially enhance the ceremony, the awards are presented publicly (i.e., in front of an audience of more than awardees), and the food and refreshments are appropriate for the circumstances (i.e., taking into account type of food, cost, and the nature of the event).
E. Meals that are a non-negotiable and non-separable part of the venue fees
When a venue demands a non-negotiable flat rate facility rental fee, such that if the Agency refuses the meals and refreshments it would still be required to pay the same amount, the Agency may pay the full fee and allow food to be provided. Under this exception, traveling employees’ per diem must be reduced to reflect the meals provided. No further authorization is needed if the standards are met.
Note: in many cases, a hotel or other venue will offer a package deal, but will negotiate the food separately upon request. This will not meet the standard here.
F. Official Representational Fund
Every year, the Agency receives a small amount of funds to be used for official reception and representation purposes. This is known as the Official Representational Fund (ORF) or, more historically, as the Administrator’s Fund. These appropriated funds may be available to purchase food and refreshments where there is an Agency determination that it would serve a reception or representation purpose. NASA policy on when the funds may be used and the process for applying to the Administrator’s office for the funds are spelled out in NPD and NPR 9050.1, Official Representational Fund.
G. Cultural Awareness Events
NASA is permitted to use funds to purchase small “samples” of ethnic foods where they are part of a formal ethnic awareness program as part of the Agency’s equal employment opportunity program and are intended to increase employee awareness of, and appreciation for, the cultural heritage being celebrated. These small samples cannot constitute meals or refreshments. In these cases, an official with management and budget authority to commit EEO funds must make a determination that the expenditure advances EEO objectives.
H. Miscellaneous
Other exceptions to the prohibition on using appropriated funds to provide food have been found in certain rare circumstances, such as when
- There is an unanticipated imminent danger to human life or the destruction of Federal property.
- The Agency sends a representative to an external ceremonial event, the nature of the event provides good reason to think that the official or employee’s attendance advances the Agency’s authorized functions, and the meal is incidental to the ceremony. An example might be where a NASA official is presenting an award at a high-profile retirement celebration within a relevant community.
Employees with questions on the availability of these very limited exceptions should consult with their Center counsel’s Office.
Questionnaire
Questionnaire for Exceptions to Permit Use of Funds for Food
We provide questionnaires to gather further information on proposed use of funds for food at Non-NASA Conferences (with a separate food fee), Training events, and Awards Ceremonies. These questionnaires are designed to help you gather and provide information that will help Center counsel determine whether your request to use appropriated funds for food is legally permissible. Please provide all background information and any part that you think applies to your event. Completing the questionnaire alone does not mean the event may use appropriated funds for food or refreshments!