41 C.F.R. Subpart A—General
Title 41 - Public Contracts and Property Management
Use of pronouns “I”, “you”, and their variants throughout this part refers to the employee. The purpose of this part is to establish Governmentwide policy and guidance for acceptance by a Federal agency of payment for travel expenses from a non-Federal source for employees to attend meetings. It describes how such payments must be accepted by the agency for travel of agency employee(s) and/or his/her spouse for official Government travel. Except as provided in §304–3.13 of this part, advance agency approval is required to receive such payments. Yes, you or your agency may accept such a payment from a non-Federal source, but you may only accept when your agency specifically authorizes such acceptance under the requirements of this part. Except as provided in §304–3.13 of this part, your agency must approve acceptance of such payment in advance of your travel. You or your agency may accept payments other than cash from a non-Federal source for all of your official travel expenses to attend a meeting of mutual interest, or any portion of those travel expenses mutually agreed upon between your agency and the non-Federal source. You may not accept payments for travel that is not to attend a meeting under this part. However, you may be able to accept payments under other authorities (see §304–3.19). No, you may not solicit payment for travel expenses from a non-Federal source to attend a meeting. Yes, you or your agency may inform the non-Federal source of your agency's authority to accept payment for travel expenses to attend a meeting. If you are contacted directly by a non-Federal source offering to pay any part of your travel expenses to attend a meeting, you must inform your agency, so that the authorized agency official can determine whether to accept the payment. No, if the payment or ticket was paid in full directly by the non-Federal source or reimbursed to your agency by the non-Federal source, the provisions of the Fly America Act do not apply. (See §§301–10.131 through 301–10.143 of this title for the regulations implementing the Fly America Act.) Yes, you may use business-class accommodations if your agency authorizes you to do so in accordance with §304–5.5 of this chapter. [FTR Amdt. 2005–03, 70 FR 28460, May 18, 2005] Generally no. You may not use first-class common carrier accommodations unless you meet one of the criteria for first class travel contained in §§301–10.123, 301–10.162 and 301–10.183 of this title and are authorized to do so by your agency in accordance with §304–5.6 of this chapter. Generally yes. Subsistence expenses are usually limited to the maximum subsistence allowances (per diem, actual expenses or conference lodging) prescribed in Chapter 301 of this title for travel in CONUS, by the Secretary of Defense for travel in non-foreign areas and by the Secretary of State for travel in foreign areas. However, 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: (a) The non-Federal source pays the full amount of the subsistence expense, as authorized by your agency; and (b) The subsistence expense paid by the non-Federal source is comparable in value to that offered to or purchased by other meeting attendees; and (c) Your agency has approved acceptance of payment from the non-Federal source prior to your travel; if your agency has not approved any acceptance from the non-Federal source, you may not exceed the maximum allowances. See §304–3.13. Note: The maximum subsistence allowances established by the Secretary of State for travel to foreign areas may not be exceeded.
Title 41: Public Contracts and Property Management
PART 304–3—EMPLOYEE RESPONSIBILITY
Subpart A—General
§ 304-3.1 To whom do the pronouns “I”, “you”, and their variants refer throughout this part?
§ 304-3.2 What is the purpose of this part?
§ 304-3.3 May my agency or I accept payment for travel expenses to a meeting from a non-Federal source?
§ 304-3.4 What payments may my agency or I accept from a non-Federal source?
§ 304-3.5 May I solicit payment of my travel expenses from a non-Federal source to attend a meeting?
§ 304-3.6 May I inform a non-Federal source of my agency's authority to accept payment for travel expenses to attend a meeting?
§ 304-3.7 What must I do if I am contacted directly by a non-Federal source offering to pay my travel expenses to attend a meeting?
§ 304-3.8 Must I adhere to the provisions of the Fly America Act when I receive air transportation to a meeting furnished or paid by a non-Federal source?
§ 304-3.9 May I use business-class accommodations when a non-Federal source pays in full for my transportation expenses to attend a meeting?
§ 304-3.10 May I use first-class common carrier accommodations when a non-Federal source pays in full for my transportation expenses to attend a meeting?
§ 304-3.11 Am I limited to the maximum subsistence allowances (per diem, actual expense, or conference lodging) prescribed in applicable travel regulations for travel expenses paid by a non-Federal source?
§ 304-3.12 Must I receive advance approval from my agency before I perform travel paid by a non-Federal source to attend a meeting?
Yes, you must receive advance approval from your agency before performing travel paid by a non-Federal source to attend a meeting except as provided in §304–3.13.
§ 304-3.13 After I begin travel to a meeting, what should I do if a non-Federal source offers to pay for one or more of my travel expenses without my or my agency's prior knowledge?
(a) If your agency has already authorized acceptance of payment for some of your travel expenses for that meeting from a non-Federal source, then you may accept on behalf of your agency, payment for any of your 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) Your agency did not decline to accept payment for those particular expenses in advance of your travel.
(b) If your agency did not authorize acceptance of any payment from a non-Federal source prior to your travel, then—
(1) You may accept, on behalf of your agency, payment from a non-Federal source as authorized in this section—
(i) Only the types of travel expenses that are authorized by your 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 your travel authorization (e.g., if your travel authorization states that you are authorized to incur lodging expenses up to $100 per night, you may not accept payment from the non-Federal source for a $200 per night hotel room);
(2) You must request your agency's authorization for acceptance from the non-Federal source within 7 working days after your trip ends; and
(3) If your agency does not authorize acceptance from the non-Federal source, your 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 your travel authorization; or
(ii) Require you to reimburse the non-Federal source that amount and allow you to claim that amount on your travel claim for the trip.
(c) If you accept payment from a non-Federal source for travel expenses in violation of paragraph (a) or paragraph (b) of this section, you may be subject to the penalties specified in §304–3.18.
§ 304-3.14 May a non-Federal source pay for my spouse to accompany me to a meeting?
Yes, a non-Federal source may pay for your spouse to accompany you when it is in the interest of and authorized in advance by your 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 your accompanying spouse. Your agency may determine that your spouse's presence at an event is in the interest of the agency if your spouse will—
(a) Support the mission of your agency or substantially assist you in carrying out your official duties;
(b) Attend a ceremony at which you will receive an award or honorary degree; or
(c) Participate in substantive programs related to the agency's programs or operations.
§ 304-3.15 Must I provide my agency with information about any payment I receive on its behalf?
Yes. Your agency must submit to the U.S. Office of Government Ethics (OGE) a semiannual report (SF 326) of all payments it accepts under this part. You must be prepared to give your agency the information it needs in order to submit its report.
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