31 U.S.C. § 1353 — Acceptance of travel and related expenses

Page 188 TITLE 31—MONEY AND FINANCE § 1353 out as a note under section 2220 of Title 10, Armed Forces. EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104–65 effective Jan. 1, 1996, except as otherwise provided, see section 24 of Pub. L. 104–65, set out as an Effective Date note under section 1601 of Title 2, The Congress. EFFECTIVE DATE Pub. L. 101–121, title III, § 319(d), Oct. 23, 1989, 103 Stat. 756, provided that: ‘‘Section 1352 of title 31, United States Code (as added by subsection (a)), shall take ef- fect with respect to Federal contracts, grants, loans, cooperative agreements, loan insurance commitments, and loan guaranty commitments that are entered into or made more than 60 days after the date of the enact- ment of this Act [Oct. 23, 1989].’’ FIRST REPORT ON MAY 31, 1990; CONTENT Pub. L. 101–121, title III, § 319(b), Oct. 23, 1989, 103 Stat. 756, provided that the first report submitted under former subsec. (b)(6) of this section was to be submitted on May 31, 1990, and was to contain a compilation relat- ing to the statements received under subsec. (b) of this section during the six-month period beginning on Oct. 1, 1989. NOTIFICATION OF COMPLIANCE DATE; GUIDANCE FOR AGENCY IMPLEMENTATION Pub. L. 101–121, title III, § 319(c), Oct. 23, 1989, 103 Stat. 756, required the Director of the Office of Management and Budget to notify the head of each agency that this section was to be complied with commencing 60 days after Oct. 23, 1989, and required the Director, not later than 60 days after Oct. 23, 1989, to issue the guidance re- quired under this section. § 1353. Acceptance of travel and related expenses from non-Federal sources (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 regula- tion 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 ex- penses. (b) Except as provided in this section or sec- tion 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 sen- tence— (1) may be required, in addition to any pen- alty provided by law, to repay, for deposit in the general fund of the Treasury, an amount equal to the amount of the payment so accept- ed; and (2) in the case of a repayment under para- graph (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 execu- tive 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 para- graph (2), submit to the Director of the Office of Government Ethics reports of payments of more than $250 accepted under this section with re- spect to employees of the agency. The Director shall make such reports available for public in- spection and copying. (2) The reports required by paragraph (1) shall, with respect to each payment— (A) specify the amount and method of pay- ment, the name of the person making the pay- ment, 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 regula- tion under subsection (a); (B) be submitted not later than May 31 of each year with respect to payments in the pre- ceding period beginning on October 1 and end- ing 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 end- ing on September 30. (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.) 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 pay- ment’’. 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’’. § 1354. Limitation on use of appropriated funds for contracts with entities not meeting vet- erans’ employment reporting requirements (a)(1) Subject to paragraph (2), no agency may obligate or expend funds appropriated for the agency for a fiscal year to enter into a contract described in section 4212(a) of title 38 with a con- tractor from which a report was required under section 4212(d) of that title with respect to the preceding fiscal year if such contractor did not submit such report.