**ACCEPTANCE OF PAYMENT FOR TRAVEL EXPENSES**

**FROM A NON-FEDERAL SOURCE**

**Guidance for Employees**

**[Introduction]{.underline}**

As a general rule, there must be specific statutory authority to accept
funds from a non-Federal source. In the absence of such authority, the
acceptance of funds may be constitute an unlawful augmentation of
appropriations. Fortunately, there are several statutes authorizing
agencies to accept payments from non-Federal sources for expenses
incident to official travel. These statutes have particular purposes,
however, and do not provide unrestricted authority to accept non-Federal
funds for any purpose.

31 U.S.C. § 1353 (Section 1353), as implemented by the Federal Travel
Regulations at 41 C.F.R. Part 304 (Part 304), is the **exclusive**
**authority** for accepting non-Federal funds for meetings or similar
functions, as defined in Section 1353 and Part 304. If the travel is for
some purpose other than to attend a meeting or similar function,
contributions from non-Federal sources may be accepted under specific
gift acceptance statutes or one of the other limited statutory
authorities.[^1] Employees should consult the Solicitor's Office prior
to invoking one of these other statutory authorities.

This guidance focuses primarily on Section 1353 and Part 304, and
generally summarizes the current requirements for acceptance by agencies
of travel expenses under this authority. Employees must be specifically
authorized by their agencies to accept the payments on the agency's
behalf. Part 304 was revised in 2003.

Employees frequently confuse these rules with the Government-wide
Standards of Conduct concerning gifts from "prohibited sources." These
ethics rules are found at 5 C.F.R. §§ 2635.201 - 205. It is important to
remember that the ethics rules cover *personal gifts*, whereas Section
1353 and other authorities authorize *gifts to the agency.* As a general
matter, whenever the gift of travel expenses is for something that is
paid directly by the agency (such as airfare and rental cars) or
reimbursed to the traveler (such as hotels and meals), the gift will be
one made to the agency, and must be handled under Section 1353 and Part
304. For example, an employee who has been authorized to accept travel
expenses from a non-Federal source may not also claim that the gift may
be accepted under the Standards of Conduct.

The following questions and answers should address most issues that
arise involving the acceptance of travel expenses under Section 1353 and
Part 304. For more detailed guidance, please refer to the regulations or
consult your travel administrator, Ethics Official or the Department's
Ethics Office, or your Field or Regional Solicitor's Office.

**For what kinds of meetings or other events may travel expenses be
accepted under this authority?**

Section 1353 authorizes employees and agencies to accept travel expenses
in connection with attendance at meetings or similar functions that take
place away from the employee's official duty station and are of mutual
interest to the agency and the non-Federal source. A meeting or similar
function may be a conference, seminar, speaking engagement, symposium,
award or other recognition of meritorious public service relating to the
employee's official duties. Such events also may include a training
course, but not promotional vendor training or other meetings held
primarily for marketing the non-Federal source's products or services.

Employees **may not** accept travel expenses for attendance at meetings
or other events that are required to carry out a function that is
essential to the agency's statutory or regulatory duties, such as an
inspection, a hearing or a negotiation.

**May an employee ask a non-Federal source to pay for travel expenses?**

No. Employees may not solicit payment for travel expenses from a
non-Federal source, but they may inform a non-Federal source of the
authority to accept such payments under Section 1353 or other applicable
authority.

**Must the agency approve the acceptance of travel expenses in
advance?**

With limited exception, the agency must approve the acceptance of travel
expenses in advance of the employee's travel, preferably at the same
time that the travel authorization is approved. Once travel has
commenced, the agency may approve the acceptance of travel expenses
**only** when the non-Federal source's offers to pay the travel expenses
occurred after travel has begun and as long as the agency or employee
did not have prior knowledge of the offer.

**Must acceptance of an offer of travel expenses be documented in
writing?**

Yes. DOI employees must use the "DI-2000\" form in conjunction with the
travel authorization to document their request and their agency's
approval of acceptance of travel payments from a non-Federal source. The
Office of Government Ethics requires that agencies report twice annually
all instances of acceptance of gifts of travel expenses from non-federal
sources. The Department's Ethics Office coordinates this effort by
collecting copies of all bureau and office DI-2000s.

**Under what circumstances may an agency approve acceptance of travel
expenses?**

Within DOI, acceptance of a gift of travel expenses may be approved by
the same or higher-level official who approves the employee's travel
authorization, or other designee, with assistance from an Ethics
Official.

An agency may accept or authorize an employee to accept payment from a
non-Federal source for travel to a meeting only when the agency has:

-   Issued a travel authorization before the travel begins;

-   Determined that the travel is in the interest of the Government and
    relates to the employee's official duties (noted on the DI-2000);
    and

-   Determined that acceptance of the payment under the circumstances
    would not cause a reasonable person with knowledge of all the facts
    to question the integrity of the agency's programs or operations
    (also noted on the DI-2000).

    In making the latter determination the approving official should
    consider all relevant factors, including but not limited to the
    identity of the non-Federal source; the purpose of the meeting, the
    identity of other participants; the nature and sensitivity of other
    matters pending at the agency that may affect the non-Federal
    source; the significance of the employee's role in any such matter;
    and the amount and nature of the travel benefits offered.

    After considering these and other appropriate factors, the agency
    may accept or decline the offered payment, or may qualify its
    acceptance by limiting the extent of the employee's participation or
    the type or character of benefits that may be accepted. The agency
    must document its acceptance of the payments on the DI-2000 form. If
    the gift is declined, no DI-2000 is required.

    **What kinds of travel expenses may be accepted?**

    Employees and agencies may accept payment other than cash from a
    non-Federal source for all or some of the employee's official travel
    expenses to attend a meeting or similar function. Generally,
    employees are limited to the maximum allowable travel expenses for
    regular travel under applicable GSA travel regulations. Employees
    may accept premium or first-class carrier accommodations only if
    specifically authorized by their agency under the applicable
    regulatory provisions. Employees also may accept benefits that
    cannot be paid under the applicable travel regulations but which are
    incident to the meeting, provided in kind, and made available by the
    meeting sponsor to all attendees (such as a sporting event hosted by
    the sponsor in connection with the meeting).\
    \
    A non-Federal source also may pay travel expenses for an employee's
    spouse when it is determined to be in the interest of the employee's
    agency, such as for an award ceremony or other circumstances the
    agency determines will support its mission.

    **May the non-Federal source pay the employee directly**?

    No. The non-Federal source may either pay the agency directly (in
    which case the employee processes their travel and obtains
    reimbursement from the agency in the conventional way), or pay for
    the travel expenses directly so that the employee and agency do not
    directly incur travel expense charges (in which case the travel
    expenses are accepted "in-kind").

    **What should an employee do if a non-Federal source offers to pay
    some or all of the employee's travel expenses after travel has
    begun?**

    If the agency already has authorized acceptance of payment for some
    of the employee's travel expenses for that meeting, then the
    employee may accept payment for additional expenses from the same
    non-Federal source as long as the agency did not decline to accept
    payment for these particular expenses and the expenses are
    comparable in value to those of other "similarly situated" meeting
    attendees.

    If the agency did not authorize acceptance of travel expenses from a
    non-Federal source prior to the travel, then the employee may accept
    payment only for the types of expenses authorized on the employee's
    travel authorization (i.e., meals, lodging, transportation), and the
    amounts of the payments may not exceed the maximum allowances stated
    on the travel authorization.

    **In either case, the employee must request agency authorization
    within seven (7) days after the travel ends.** If the agency
    declines to accept the payment from the non-Federal source, the
    agency must either reimburse the non-Federal source the value of the
    benefit provided, or require the employee to reimburse the
    non-Federal source and then claim that amount on the employee's
    travel voucher for the trip.

    **May an employee accept free attendance at events other than the
    meeting that is offered by a different non-Federal source?**

    When the free attendance is offered by someone other than the source
    approved under Section 1353, and is one that would not ordinarily be
    reimbursed to the traveling employee (such as a reception or other
    event), the employee may accept the offer of free attendance if such
    acceptance would not violate the Standards of Conduct regarding
    acceptance of gifts. For example, the employee may accept free
    attendance from a prohibited source if the event qualifies as a
    "widely attended gathering" under 5 C.F.R. § 2635.204(g). The rules
    covering gifts to employees may not be used where the expense would
    be reimbursed to the traveling employee, such as for a meal, as such
    gifts are to the agency and therefore must be approved under Section
    1353.

    **Must a claim for reimbursement of travel expenses (travel voucher)
    reflect the payment by the non-Federal source?**

    Employees may not claim travel expenses that were provided in-kind
    by a non-Federal source. For example, if the non-Federal source
    provided a meal, the employee's travel reimbursement must be
    decreased by the amount that would otherwise be payable for that
    meal.

    **Must payments of travel expenses by a non-Federal source be
    reported on a financial disclosure report?**

    No, since the travel expense is accepted by or on behalf of the
    employee's agency and therefore is not a personal gift to the
    employee. However, if an employee and/or accompanying spouse
    receives such a payment on their own behalf, rather than on behalf
    of the agency (i.e., when Section 1353 authority is not applicable),
    they may be required to report the payments as gifts on their
    financial disclosure form.

    **What happens if payment from a non-Federal source is accepted in
    violation of the regulations?**

    If an employee accepts payment or travel benefits in violation of
    the regulations, the agency:

    1\. May require the employee to pay the general fund of the Treasury
    an amount equal to any payment or benefit accepted;

    2\. Must deny the employee any reimbursement for the travel expenses
    the payment was intended to cover; and

    3\. May impose any other penalty provided by law and regulations.

[^1]: 1For example, 5 U.S.C. § 4111 allows agencies to accept
    contributions from tax-exempt entities to attend non-government
    sponsored training or meetings. [See]{.underline} 5 C.F.R. § 410.