PART 304-3—EMPLOYEE RESPONSIBILITY

Subtitle F—Federal Travel Regulation System › Chapter 304—Payment of Travel Expenses from a Non-Federal Source › Subchapter A—Employee's Acceptance of Payment from a Non-Federal Source for Travel Expenses

Subpart A—General

§ 304-3.1 Acceptance of non-Federal source travel expense payments.

Agencies may accept payments for an employee's travel to a meeting from a non-Federal source under this part and in accordance with agency policy. Employees may accept such a payment only when their agency specifically authorizes such acceptance under the requirements of this part. Except as provided in § 304-3.11, agencies must approve acceptance of such payment in advance of employee travel.

§ 304-3.2 Types of acceptable non-Federal source payments.

Agencies or employees may accept payments other than cash from a non-Federal source for all official travel expenses to attend a meeting of mutual interest, or any portion of those travel expenses mutually agreed upon between the agency and the non-Federal source. Agencies or employees may not accept payments for non-meeting travel under this part. However, agencies or employees may be able to accept payments under other authorities (see § 304-3.17).

§ 304-3.3 Solicitation of travel expense payments.

Agencies and employees are prohibited from soliciting travel expense payments from non-Federal sources.

§ 304-3.4 Discussing agency payment acceptance authority.

Agencies or employees may inform non-Federal sources about the agency's authority to accept travel expense payments.

§ 304-3.5 Handling direct payment offers.

When contacted directly by a non-Federal source offering to pay travel expenses, employees must inform their agency and allow the authorized agency official to determine whether to accept the payment.

§ 304-3.6 Fly America Act compliance.

Employees are not required to use U.S. flag air carrier service when receiving air transportation paid in full directly by the non-Federal source or fully reimbursed to the agency by the non-Federal source.

§ 304-3.7 Use of non-coach class accommodations.

Employees may use non-coach class accommodations when the agency authorizes such use in accordance with § 304-5.5 of this chapter.

§ 304-3.8 Registration fee waiver and payment in kind considerations.

(a) Acceptance of a waived or discounted registration fee from the non-Federal sponsor of the event is not a payment in kind for the day(s) employees are participating as a speaker, panelist, or presenter.

(b) Acceptance of a waived or discounted registration fee is a payment in kind for the days employees only attend the event (i.e., on the day(s) employees are not participating as a speaker, panelist, or presenter).

(c) Lodging, transportation, meals, event tickets, or other similar items of value provided by a non-Federal source are a payment in kind. If these types of expenses are included in a registration fee that is waived or discounted on the day(s) employees are participating as a speaker, panelist, or presenter, the employee may accept them only with their agency's approval in accordance with this chapter.

§ 304-3.9 Subsistence allowance limitations.

(a) Acceptance of payment for, and when applicable, reimbursement by an agency to an employee and the accompanying spouse of such employee are not subject to the maximum per diem or actual subsistence expense rates when traveling in CONUS or in non-foreign areas under the following conditions:

(1) The non-Federal source pays the full amount of the subsistence expense, as authorized by the agency;

(2) The subsistence expense paid by the non-Federal source is comparable in value to that offered to or purchased by other meeting attendees; and

(3) The agency has approved acceptance of payment from the non-Federal source prior to employee's travel; if the agency has not approved any acceptance from the non-Federal source, employees may not exceed the maximum allowances. See § 304-3.11.

(b) The maximum subsistence allowances established by the Secretary of State for travel to foreign areas may not be exceeded.

§ 304-3.10 Agency advance approval for non-Federal source travel.

Employees must receive advance agency approval before performing travel paid by a non-Federal source to attend a meeting, except as provided in § 304-3.11.

§ 304-3.11 Handling unexpected non-Federal source payment offers after travel begins.

(a) If an employee's agency has already authorized acceptance of payment for some of their travel expenses for that meeting from a non-Federal source, then the employee may accept on behalf of the agency, payment for any of their additional travel expenses from the same non-Federal source as long as—

(1) The expenses paid or provided in kind are comparable in value to those offered to or purchased by other similarly situated meeting attendees; and

(2) The agency did not decline to accept payment for those particular expenses in advance of the employee's travel.

(b) If an agency did not authorize acceptance of any payment from a non-Federal source prior to travel, then—

(1) An employee may accept, on behalf of their agency, payment from a non-Federal source as authorized in this section—

(i) Only the types of travel expenses that are authorized by the travel authorization (i.e., meals, lodging, transportation, but not recreation or other personal expenses); and

(ii) Only travel expenses that are within the maximum allowances stated on the travel authorization;

(2) Employees must request their agency's authorization for acceptance from the non-Federal source within 7 working days after the trip ends; and

(3) If an agency does not authorize acceptance from the non-Federal source, the agency must either—

(i) Reimburse the non-Federal source for the reasonable approximation of the market value of the benefit provided, not to exceed the maximum allowance stated on the travel authorization; or

(ii) Require the employee to reimburse the non-Federal source that amount and allow the employee to claim that amount on their travel claim for the trip.

(c) If an employee accepts payment from a non-Federal source for travel expenses in violation of paragraph (a) or (b) of this section, the employee may be subject to the penalties specified in § 304-3.16.

§ 304-3.12 Spouse travel paid by non-Federal source.

A non-Federal source may pay for an employee's spouse to accompany them when it is in the interest of and authorized in advance by the employee's agency. All limitations and requirements of this part apply to the acceptance of payment from a non-Federal source for travel expenses and/or agency reimbursement of travel expenses for the employee's accompanying spouse. The agency may determine that a spouse's presence at an event is in the interest of the agency if the spouse will—

(a) Support the mission of the agency or substantially assist in carrying out the employee's official duties;

(b) Attend a ceremony at which the employee will receive an award or honorary degree; or

(c) Participate in substantive programs related to the agency's programs or operations.

§ 304-3.13 Reporting requirements for non-Federal source payments.

Employees must provide their agency with information about payments received on the agency's behalf. The agency must submit to the U.S. Office of Government Ethics (OGE) a semiannual report (OGE Form 1353 or SF 326) of all payments it accepts under this part.

Subpart B—Reimbursement Claims

§ 304-3.14 Reimbursement claim when a non-Federal source pays travel expenses.

Employees must submit a travel claim listing all allowable travel expenses incurred which were not paid in kind by a non-Federal source. An employee may not claim travel expenses that were furnished in kind by a non-Federal source. The employee's reimbursement is limited to the types of expenses authorized in chapter 301 of this subtitle or analogous provisions of the Joint Travel Regulations or Foreign Affairs Manual. Reimbursement from the agency for expenses will not in any case exceed the amount of the expenses the employee incurs. Such reimbursement will also adhere to established regulatory limitations except where the agency accepts payments under § 304-5.4, § 304-5.5, or § 304-5.6 of this chapter.

Subpart C—Reports

§ 304-3.15 Reporting travel payments on financial disclosure reports.

Generally, employees are not required to report travel payments on financial disclosure reports when payments are made to or on behalf of the agency, or payments are not considered personal gifts.

§ 304-3.16 Penalties for unauthorized non-Federal source payment acceptance.

(a) If an employee accepts a payment from a non-Federal source in violation of this part, they may be required, in addition to any other penalty provided by law and applicable regulations, to pay the general fund of the Treasury, an amount equal to any payment accepted; and

(b) For reimbursement under paragraph (a) of this section, an employee will not be entitled to any reimbursement from the Government for travel expenses that the payment was intended to cover.

Subpart D—Relation to Other Authorities

§ 304-3.17 Alternative authorities for accepting non-Federal source travel payments.

Employees may accept payment of travel expenses from a non-Federal source under the following authorities, in addition to this part:

(a) Under 5 U.S.C. 4111 for acceptance of contributions, awards, and other payments from tax-exempt entities for non-Government sponsored training or meetings (see regulations issued by the Office of Personnel Management at 5 CFR part 410).

(b) Under 5 U.S.C. 7342 for travel taking place entirely outside the United States which is paid by a foreign government, where acceptance is permitted by the agency and any regulations which may be prescribed by the agency.

(c) Under 5 U.S.C. 7324(b) when payment is for travel to be performed for a partisan rather than an official purpose in accordance with the Hatch Act (5 U.S.C. 7321-7326).

(d) Pursuant to the applicable standards of ethical conduct regulations in 5 CFR part 2635 concerning personal acceptance of gifts. For example, under 5 CFR 2635.204(e), which authorizes executive branch employees to accept gifts based on outside business employment relationships. Employees may also be able to accept attendance at, but not other travel expenses to, a widely attended gathering under 5 CFR 2635.204(g) when the gathering is not a meeting, as defined in this part, and the employees are not attending in their official capacity. Unless authorized to do so by the agency, an employee may not accept travel, subsistence, or related expenses, including meals, offered by a non-Federal source for participation as a speaker, panelist, or presenter at a meeting or similar function that takes place away from the employee's permanent duty station. Such expenses are considered payments in kind and must be accepted, if at all, in accordance with this part.