§ 304-1.3 - Policy.

(a) Acceptance of payment for employee. As provided in this part, an agency may accept payment from a non-Federal source (or authorize an employee to receive such payment on its behalf) with respect to attendance of the employee at a meeting or similar function which the employee has been authorized to attend in an official capacity on behalf of the employing agency.

(b) Acceptance of payment for an accompanying spouse. An agency may accept payment under this part from a non-Federal source for an accompanying spouse when the spouse's presence at the meeting or similar function is in the interest of the agency. A spouse's presence at an event may be determined to be in the interest of the agency if the spouse will:

(1) Support the mission of the agency or substantially assist the employee in carrying out his/her official duties;

(2) Attend a ceremony at which the employee will receive an award or honorary degree described in § 304-1.2(c)(3); or

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

(c) Administration and delegation of authority. Payment acceptance must be in accordance with internal agency procedures. Agencies shall ensure that officials delegated authority to determine the propriety of accepting payments under this part are at as high an administrative level as practical to ensure adequate consideration and review of the circumstances surrounding the offer and acceptance of the payment.

(d) Payment in excess of regulatory limitations—(1) Subsistence expenses. When a non-Federal source makes full payment for subsistence expenses, acceptance of payment for, and when applicable, reimbursement by an agency to, an employee (and/or the accompanying spouse of such employee when applicable) under this part are not subject to the maximum per diem or actual subsistence expense rates prescribed in chapter 301 of this subtitle or by the Secretary of Defense in Civilian Personnel Per Diem Bulletins published periodically in the Federal Register.

(2) Transportation expenses. When a non-Federal source makes full payment for common carrier transportation expenses, acceptance of payment for, and when applicable, reimbursement by an agency to, an employee (and/or the accompanying spouse of such employee when applicable) under this part are not subject to the transportation class of service limitations applicable to premium-class other than first-class accommodations, as prescribed in chapter 301 of this subtitle or the JFTR. Acceptance of payment for first-class transportation accommodations is allowed only when the use of first-class transportation accommodations is authorized in accordance with § 301-3.3 of this subtitle.

(e) Reduced per diem rate in partial payment situation. If the designated agency official determines in advance of the travel that a payment covers some but not all of the per diem costs to be incurred by the employee (and/or the accompanying spouse when applicable), the agency should authorize a reduced per diem rate, in accordance with § 301-7.12 of this subtitle or analogous provisions of 6 FAM 100 or the JFTR, as applicable, that is commensurate with the known subsistence expense levels.