AGENCY RESPONSIBILITIES

• Citation: 41 CFR Part 304-5
• Sections: 7

§ 304-5.1 Conditions for accepting non-Federal source travel payments.

Agencies may accept payment from a non-Federal source or authorize an employee and/or the employee's spouse to accept payment on the agency's behalf only when—

(a) Agencies have issued the employee (and/or the employee's spouse, when applicable) a travel authorization before the travel begins;

(b) Agencies have determined that the travel is in the interest of the Government;

(c) The travel relates to the employee's official duties; and

(d) The non-Federal source is not disqualified due to a conflict of interest under § 304-5.3.

§ 304-5.2 Approval authority for non-Federal source payment acceptance.

An official at the highest practical administrative level who can evaluate the requirements in § 304-5.3 must approve acceptance of such payments.

§ 304-5.3 Considerations for approving non-Federal source payment acceptance.

(a) The approving official must not authorize acceptance of the payment if the approving official determines that acceptance of the payment under the circumstances would cause a reasonable person with knowledge of all the facts relevant to a particular case to question the integrity of agency programs or operations. The approving official must be guided by all relevant considerations, including but not limited to the—

(1) Identity of the non-Federal source;

(2) Purpose of the meeting;

(3) Identity of other expected participants;

(4) Nature and sensitivity of any matter pending at the agency which may affect the interest of the non-Federal source;

(5) Significance of the employee's role in any such matter; and

(6) Monetary value and character of the travel benefits offered by the non-Federal source.

(b) The agency official may find that, while acceptance from the non-Federal source is permissible, it is in the interest of the agency to qualify acceptance of the offered payment by, for example, authorizing attendance at only a portion of the event or limiting the type or character of benefits that may be accepted.

§ 304-5.4 Exceeding subsistence allowances (per diem or actual expense).

(a) An agency may authorize employees to exceed subsistence allowances established by this subtitle and by the Secretary of Defense as long as—

(1) The agency authorized acceptance of payment from a non-Federal source for such allowances;

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

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

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

§ 304-5.5 Non-coach class transportation accommodations.

Agencies may authorize an employee to use other than coach class accommodations on common carriers as long as—

(a) The non-Federal source makes full payment for such transportation services in advance of travel;

(b) The transportation accommodations furnished are comparable in value to those offered to, or purchased by other similarly situated meeting attendees; and

(c) Travel meets at least one of the conditions in § 301-10.100 of this subtitle.

§ 304-5.6 Multiple non-Federal source payments.

Agencies may accept payment from more than one non-Federal source for a single trip, as long as the total of such payments do not exceed the total cost of the trip.

§ 304-5.7 Review of payments in kind within waived or discounted registration fees.

(a) If the non-Federal sponsor or organizer of a meeting or similar function offers to waive or discount the registration fee of an employee who is only attending the event, the agency is not required to separately authorize acceptance of any items included in the registration fee. If applicable, acceptance of the registration fee must be reported to the U.S. Office of Government Ethics (OGE) in accordance with part 304-6 of this subchapter.

(b) When a waived or discounted registration fee is not a payment in kind pursuant to § 304-3.8 of this chapter, the employee may only accept items that the agency authorizes separately. If applicable, the value of any payments in kind so accepted should be reported to OGE in accordance with part 304-6 of this subchapter. Review the reporting guidelines at § 304-6.3 of this subchapter to see if the aggregated meal amounts (if more than one meal, or meals of both an employee and spouse) will need to be reported to OGE.