§1353 — Title 31 Money and Finance | U.S. Code

Summary

The Administrator of General Services, working with the Director of the Office of Government Ethics, must write rules about when executive branch agencies (including independent ones) can accept money or other gifts from outside groups to pay travel, meals, or related costs for an employee or the employee’s spouse to attend official meetings. If cash is accepted, it must go into the right government account. If something other than cash is accepted, the government payment for those costs must be reduced by a fair share. Unless the rules allow it or another law (5 U.S.C. 4111 or 7342) applies, agencies and employees may not accept such payments. An employee who breaks this rule may have to repay the full amount to the Treasury’s general fund and cannot get government reimbursement for those expenses. The rule covers all executive agencies. “Employee” means appointed officers, regular employees, and experts or consultants under 5 U.S.C. 3109. “Payment” means cash or noncash. Agency heads must report payments over $250 to the Office of Government Ethics. The reports must say the amount and how it was paid, who paid, the employee’s name, what the meeting was, where and when travel occurred, what expenses were covered, and any other details GSA requires. Reports are due by May 31 for Oct. 1–Mar. 31 and by Nov. 30 for Apr. 1–Sep. 30.

Title 31, §1353

Money and Finance — Source: USLM XML via OLRC

(a)Notwithstanding any other provision of law, the Administrator of General Services, in consultation with the Director of the Office of Government Ethics, shall prescribe by regulation the conditions under which an agency in the executive branch (including an independent agency) may accept payment, or authorize an employee of such agency to accept payment on the agency’s behalf, from non-Federal sources for travel, subsistence, and related expenses with respect to attendance of the employee (or the spouse of such employee) at any meeting or similar function relating to the official duties of the employee. Any cash payment so accepted shall be credited to the appropriation applicable to such expenses. In the case of a payment in kind so accepted, a pro rata reduction shall be made in any entitlement of the employee to payment from the Government for such expenses.

(b)Except as provided in this section or section 4111 or 7342 of title 5, an agency or employee may not accept payment for expenses referred to in subsection (a). An employee who accepts any payment in violation of the preceding sentence—

(1)may be required, in addition to any penalty provided by law, to repay, for deposit in the general fund of the Treasury, an amount equal to the amount of the payment so accepted; and

(2)in the case of a repayment under paragraph (1), shall not be entitled to any payment from the Government for such expenses.

(c)As used in this section—

(1)the term “executive branch” means all executive agencies (as such term is defined in section 105 of title 5); and

(2)the term “employee in the executive branch” means—

(A)an appointed officer or employee in the executive branch; and

(B)an expert or consultant in the executive branch, under section 3109 of title 5; and

(3)the term “payment” means a payment or reimbursement, in cash or in kind.

(d)(1)The head of each agency of the executive branch shall, in the manner provided in paragraph (2), submit to the Director of the Office of Government Ethics reports of payments of more than $250 accepted under this section with respect to employees of the agency. The Director shall make such reports available for public inspection and copying.

(2)The reports required by paragraph (1) shall, with respect to each payment—

(A)specify the amount and method of payment, the name of the person making the payment, the name of the employee, the nature of the meeting or similar function, the time and place of travel, the nature of the expenses, and such other information as the Administrator of General Services may prescribe by regulation under subsection (a);

(B)be submitted not later than May 31 of each year with respect to payments in the preceding period beginning on October 1 and ending on March 31; and

(C)be submitted not later than November 30 of each year with respect to payments in the preceding period beginning on April 1 and ending on September 30.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1990—Pub. L. 101–280, § 4(b)(1), renumbered section 1352 of this title as this section. Subsec. (a). Pub. L. 101–280, § 4(c)(1), substituted “in the executive branch (including an independent agency) may accept payment, or authorize an employee of such agency to accept payment on the agency’s behalf,” for “or employee in the executive branch may accept payment”. Subsec. (b). Pub. L. 101–280, § 4(c)(2)(A), inserted “or 7342” after “section 4111”. Subsec. (b)(2). Pub. L. 101–280, § 4(c)(2)(B), substituted “(1),” for “(1)”. Subsec. (c)(1). Pub. L. 101–280, § 4(c)(3), substituted “all executive agencies” for “any executive agency”.

§1353 Acceptance of travel and related expenses from non-Federal sources

Summary

Title 31, §1353

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata