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April 20, 1994 DO-94-019

MEMORANDUM

TO: Designated Agency Ethics Officials, General Counsels and Inspectors General

FROM: Stephen D. Potts Director

SUBJECT: Reporting Payments Accepted Under 31 U.S.C. § 1353

Section 1353 of title 31, United States Code, authorizes the acceptance by executive branch agencies of payments for travel, subsistence, and related expenses from non-Federal sources in connection with the attendance of employees at certain meetings or similar functions. The statute provides that the head of each agency shall submit to the Director of the Office of Government Ethics (OGE) semiannual reports of payments of more than $250 accepted under this authority. The next semiannual report must be submitted to OGE not later than May 31, 1994, concerning payments received during the period beginning on October 1, 1993, and ending on March 31, 1994. Agencies are required to submit negative reports.

The reports must set forth certain information specified by the statute and "such other information as the Administrator of General Services may prescribe by regulation." On March 8, 1991, the General Services Administration (GSA) published an interim rule implementing 31 U.S.C. § 1353 and its reporting requirement, now codified at 41 C.F.R. part 304-1. GSA published a revised interim rule on November 9, 1992 (57 Fed. Reg. 53283).

As revised, section 304-1.9(a) of the regulation lists the information that must be reported by an agency and, to facilitate uniform reporting, prescribes the order in which that information must be presented. While no reporting form is currently authorized for use, OGE has relayed to GSA a revised draft reporting form for their consideration.