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

Statutory text

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.

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—

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

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

As used in this section—

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

the term “employee in the executive branch” means—

an appointed officer or employee in the executive branch; and

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

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

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.

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

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);

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

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1989
Ethics Reform Act of 1989
Pub. L. 101–194 title III § 302(a) · 103 Stat. 1716
Enacted · 31 U.S.C. § 1353
Added Pub. L. 101–194, title III, § 302(a), Nov. 30, 1989, 103 Stat. 1745, § 1352
Source evidence
Code source credit
Added Pub. L. 101–194, title III, § 302(a), Nov. 30, 1989, 103 Stat. 1745, § 1352
Enacted provision · exact public law section
(a) In General.— Subchapter III of chapter 13 of title 31, United States Code, is amended by adding at the end thereof the following: “§ 1352. Acceptance of travel and related expenses from non-Federal sources “(a) Notwithstanding any other provision of law, the Administrator Regulations. of General Services, in consultation with the Director of the Office of Government Ethics, shall prescribe by regulation the conditions under which an agency or employee in the executive branch may accept payment 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 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 any executive agency (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. Public information. 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.”.
1990
Pub. L. 101–280 § 4(b)(1) · 104 Stat. 149
Changed · 31 U.S.C. § 1353
Pub. L. 101–280, § 4(b)(1), renumbered section 1352 of this title as this section
Source evidence
Code amendment note
Pub. L. 101–280, § 4(b)(1), renumbered section 1352 of this title as this section.
Enacted provision · exact public law section
(1) Section 1352 of title 31, United States Code, as enacted by section 302 of the Ethics Reform Act of 1989, is amended by redesignating such section as section 1353.
1990
Pub. L. 101–280 § 4(c)(1) · 104 Stat. 149
Substituted · 31 U.S.C. § 1353(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”
Source evidence
Code amendment note
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”.
Enacted provision · exact public law section
(1) in subsection (a) in the first sentence by striking “or employee in the executive branch may accept payment” and inserting “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,”;
1990
Pub. L. 101–280 § 4(c)(2)(A) · 104 Stat. 149
Inserted · 31 U.S.C. § 1353(b)
Pub. L. 101–280, § 4(c)(2)(A), inserted “or 7342” after “section 4111”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 101–280, § 4(c)(2)(A), inserted “or 7342” after “section 4111”.
Enacted provision · exact public law section
(A) by inserting “or 7342” after “section 4111”; and
1990
Pub. L. 101–280 § 4(c)(2)(B) · 104 Stat. 149
Substituted · 31 U.S.C. § 1353(b)(2)
Pub. L. 101–280, § 4(c)(2)(B), substituted “(1),” for “(1)”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 101–280, § 4(c)(2)(B), substituted “(1),” for “(1)”.
Enacted provision · exact public law section
(B) in paragraph (2) by striking “(1)” and inserting “(1),”; and
1990
Pub. L. 101–280 § 4(c)(3) · 104 Stat. 149
Substituted · 31 U.S.C. § 1353(c)(1)
Pub. L. 101–280, § 4(c)(3), substituted “all executive agencies” for “any executive agency”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 101–280, § 4(c)(3), substituted “all executive agencies” for “any executive agency”.
Enacted provision · exact public law section
(3) in subsection (c)(1) by striking “any executive agency” and inserting “all executive agencies”.

6 of 6 references resolved to an enrolled provision

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”.

Credits

1989–1990 · 2 acts

1989Added Pub. L. 101–194, title III, § 302(a), Nov. 30, 1989, 103 Stat. 1745, § 1352
1990renumbered § 1353 and amended Pub. L. 101–280, § 4(b)(1), (c), May 4, 1990, 104 Stat. 157, 158.

Show as published

(Added Pub. L. 101–194, title III, § 302(a), Nov. 30, 1989, 103 Stat. 1745, § 1352; renumbered § 1353 and amended Pub. L. 101–280, § 4(b)(1), (c), May 4, 1990, 104 Stat. 157, 158.)