1 Rev (June 2018)

Acceptance of Payment from a Non-Federal Source

For Travel Benefits While in Official Capacity

The Department of Defense (DoD) may accept travel benefits (transportation, lodging, 

meals, and related expenses), in-kind or by reimbursement, from non-Federal sources (such as 

organizations, associations, or businesses) for DoD personnel in their official capacities to attend 

meetings, conferences, seminars, symposia, and other similar functions. 31 U.S.C. § 1353. DoD

personnel must be on funded travel orders. This authority to accept payment is not appropriate 

for permissive TDY. The General Services Administration implemented the statutory authority

in the Federal Travel Regulation, 41 C.F.R. Part 304-1, which DoD must follow.

For travel benefits to be accepted from a non-Federal source, the travel approving 

authority (official who signs travel orders) must usually approve the acceptance prior to the 

travel. The sole exception allows the travel approving authority to approve, within 7 working 

days after the trip ends, acceptance of transportation, lodging and meals (not any related 

expenses) within the maximum allowed on the travel authorization if offered on the spot during 

travel that was already approved in advance. If the employee accepts travel benefits after the 

Department rejected the offer, the employee is responsible for reimbursing the non-Federal 

source. 

In order to accept the travel payments, either before or after the travel, the travel 

approving authority must make the following determinations:

• Payment is for attendance at a meeting, conference, seminar, speaking engagement, 

symposium, training course, or receipt of an award or honorary degree related to 

official duties. The event cannot be a “widely attended gathering.”

 This authority does not permit acceptance of payments for promotional vendor 

training or other events in which the primary purpose is marketing the nonFederal source's products or services.

 This authority does not permit acceptance of payments for events that are 

essential or required to carry out an agency’s statutory and regulatory 

functions, such as inspections, audits, site visits, or negotiations. 

 This authority does not permit acceptance of payments for travel by other than 

coach-class, or in excess of the Government prescribed subsistence 

allowances unless it is consistent with the exceptions in the Joint Travel 

Regulation and 41 C.F.R. §304-5.4 and 5.5.

• Payment is for travel related to the employee’s official duties, and the employee must 

be in a travel status. Payments or benefits offered by a non-Federal source may be 

limited by qualifying acceptance to attend only a portion of the function that is 

deemed to be in the Government’s interest.

• Travel is in the interest of the Government.
2 Rev (June 2018)

• Payment may be accepted only from a non-Federal source that is not disqualified 

because of a conflict of interest. The approving authority must review the 

circumstances to determine that acceptance would not cause a reasonable person with 

knowledge of all the relevant facts to question the integrity of the Government’s 

programs or operations. This consideration should include:

 the identity of the non-Federal source

 the purpose of the meeting

 the identity of other expected participants

 the monetary value and character of the travel benefits

 whether there is any matter pending at their DoD component that may affect 

the interest of the non-Federal source, and if so its nature and sensitivity and 

the significance (if any) of the proposed traveler's role in the matter

 any impact the performance or nonperformance of the traveler’s official duties 

might have on the non-Federal source.

Procedures:

These determinations should be in writing. A model memorandum is included as 

Attachment A. The acceptance of travel benefits should be approved by the employee’s 

travel approving authority before being forwarded to a DoD ethics counselor for 

concurrence. To the extent possible, the report referred to below should be completed and 

attached to the memorandum prior to the signatures. 

Benefits in kind (e.g., plane tickets, prepaid hotel reservations) are preferred. Cash may 

not be accepted by DoD employees. If benefits are provided by reimbursement of expenses, 

checks must be made payable to the U. S. Treasury or the DoD Component, not to the employee.

Since these travel benefits are provided to the Government, they should not be listed as 

gifts on the financial disclosure reports (OGE Forms 278e or 450) of the affected Government 

employee.

Reports:

After the travel is complete, if the total value of the payments exceeds $250, a report 

(Attachment B) must be forwarded to the ethics counselor for inclusion in the semi-annual report 

to the Office of Government Ethics. SF 326, “Semiannual Report of Payments Accepted from a 

Non-Federal Source,” and SF 326A, “Semiannual Report of Payments Accepted from a NonFederal Source-Continuation,” may be found at the following web sites: 

http://www.gsa.gov/portal/forms/download/116238, and 

http://www.gsa.gov/portal/forms/download/116242. 

Forms and questions should be submitted to your local ethics counsel.

Attachments

A - Memorandum for Record: Acceptance of Travel Benefits

B - Report of Payments
3 Rev (June 2018)

ATTACHMENT A
Date:

MEMORANDUM FOR RECORD

SUBJECT: Acceptance of Travel Benefits In Accordance With 31 U.S.C. 1353

Travel benefits have been offered by [non-Federal source] to accommodate the 

participation of [employee name] in [name of meeting or similar event] on [date of meeting] in

[place of meeting]. This meeting is not essential to DoD Component's mission and is not 

promotional vendor training or other marketing. The travel is related to the employee's official 

duties and the employee will be participating in an official capacity. This travel is in the interest 

of the Government and travel authorization has been issued. Travel benefits will be provided in 

kind or by check or similar instrument made payable to the "U.S. Treasury.” 

I have considered the identity of [non-Federal source], the purpose of the meeting, the 

identity of other expected participants, and the monetary value and character of the travel 

benefits. I have also considered whether there is any matter pending at [DoD Component] that 

may affect the interest of [non-Federal source], and if so its nature and sensitivity and the 

significance (if any) of [employee name]'s role in the matter. I have considered any impact the 

performance or nonperformance of [employee name]'s official duties might have on the nonFederal source. Based on these considerations, I find that [non-Federal source]is not disqualified

due to a conflict of interest and make the following determinations:

• Acceptance of these travel benefits would not cause a reasonable 

person with knowledge of all the relevant facts to question the 

integrity of the [DoD Component]'s programs or operations; and.

• Acceptance of these travel benefits is permissible under applicable 

travel regulations. 

Acceptance of these travel benefits is approved, subject to Ethics Counsel review and 

concurrence. This memorandum will be coordinated with Ethics Counsel prior to acceptance.

 

Travel Approving Authority

Traveler’s Point of Contact: _______________

Phone: _______________

Ethics Counselor Coordination: Concur _____________

Non-concur _________ 
ATTACHMENT B
Date: 

MEMORANDUM FOR: Ethics Counselor

SUBJECT: Report of Payments for Travel Benefits from a Non-Federal Source

Pursuant to 31 U.S.C. 1353

Name of Traveler:

Grade or Rank:

Position:

Office Address:

Point of Contact (if any)/Telephone:

Event:

Sponsor(s) of Event (include any significant co-sponsors, e.g., “University of Texas, in 

conjunction with, Longhorn Defense Corporation”):

Location of Event:

Date of Event:

Travel Dates:

Nature of Participation (“speaker”, “attendee”, etc.):

Non-Federal Source of Payment (who actually pays):

Nature of Payment: __ Check __ In-kind payment __ Both

Total Value of Benefits Received (estimated before travel; actual amounts upon return):

Lodging:

Transportation:

Meals:

Miscellaneous:

Attachment: Travel Approving Authority Determination