This regulation identifies when a payment made to the agency and used for official agency business is not a gift or source of income to the official that used the payment if the following conditions are met:
1) The payment is received by the agency.
2) The payment is used for official agency business.
3) The agency head or the official designated by the agency head determines and controls the agency’s use of the payment.
4) The agency head or agency head's designee selects the agency official/s that will use the payment.
5) The agency head or agency head's designee may not select himself/herself to use the payment.
The payment is reported on the Form 801.
