§ 7342. Receipt and disposition of foreign gifts and decorations

Footnotes

1. 1 See References in Text note below.

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.

1. 1967

   Pub. L. 90–83 § 1(45)(C) · 81 Stat. 195

   Enacted · 5 U.S.C. § 7342

   Added Pub. L. 90–83, § 1(45)(C), Sept. 11, 1967, 81 Stat. 208

   Source evidence

   Code source credit
   Added Pub. L. 90–83, § 1(45)(C), Sept. 11, 1967, 81 Stat. 208

   Enacted provision · exact public law section
   (1) (A) Subchapter I of chapter 5 is amended by inserting the following new section at the beginning thereof: “§ 500. Administrative practice; general provisions “(a) For the purpose of this section— “(1) ‘agency’ has the meaning given it by section 551 of this Definitions. title; and “(2) ‘State’ means a State, a territory or possession of the United States including a Commonwealth, or the District of Columbia. “(b) An individual who is a member in good standing of the bar of the highest court of a State may represent a person before an agency on filing with the agency a written declaration that he is currently qualified as provided by this subsection and is authorized to represent the particular person in whose behalf he acts. “(c) An individual who is duly qualified to practice as a certified public accountant in a State may represent a person before the Internal Revenue Service of the Treasury Department on filing with that agency a written declaration that he is currently qualified as provided by this subsection and is authorized to represent the particular person in whose behalf he acts. “(d) This section does not— “(1) grant or deny to an individual who is not qualified as provided by subsection (b) or (c) of this section the right to appear for or represent a person before an agency or in an agency proceeding; “(2) authorize or limit the discipline, including disbarment, of individuals who appear in a representative capacity before an agency; “(3) authorize an individual who is a former employee of an agency to represent a person before an agency when the representation is prohibited by statute or regulation; or “(4) prevent an agency from requiring a power of attorney as a condition to the settlement of a controversy involving the payment of money. “(e) Subsections (b)–(d) of this section do not apply to practice before the Patent Office with respect to patent matters that continue to be covered by chapter 3 (sections 31–33) of title 35. 66 Stat. 795. “(f) When a participant in a matter before an agency is represented by an individual qualified under subsection (b) or (c) of this section, a notice or other written communication required or permitted to be given the participant in the matter shall be given to the representative in addition to any other service specifically required by statute. When a participant is represented by more than one such qualified representative, service on any one of the representatives is sufficient.” (B) The analysis of chapter 5 is amended by inserting the following new item before item 501: “500. Administrative practice; general provisions.”.

2. 1977

   Foreign Relations Authorization Act, Fiscal Year 1978

   Pub. L. 95–105 title V § 515(a)(1) · 91 Stat. 844

   1. Inserted · 5 U.S.C. § 7342(a)

      Pub. L. 95–105 in par. (1) inserted provisions expanding definition of “employee” to include an officer or employee of the United States Postal Service or Postal Rate Commission, certain experts and consultants, the Vice President, and any Delegate to Congress, in par. (2) incorporated existing provisions into subpars. (A) and (C)

   2. Substituted · 5 U.S.C. § 7342(a)

      Pub. L. 95–105 in par. (1) added subpar. (B), in par. (3) substituted reference to tangible or intangible present for reference to present, in par. (4) inserted reference to award

   3. Added · 5 U.S.C. § 7342(a)

      Pub. L. 95–105 in par. (1) added pars. (5) and (6)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 95–105 in par. (1) inserted provisions expanding definition of “employee” to include an officer or employee of the United States Postal Service or Postal Rate Commission, certain experts and consultants, the Vice President, and any Delegate to Congress, in par. (2) incorporated existing provisions into subpars. (A) and (C) and added subpar. (B), in par. (3) substituted reference to tangible or intangible present for reference to present, in par. (4) inserted reference to award, and added pars. (5) and (6).

   Enacted provision · exact public law section
   (1) Section 7342 of title 5, United States Code, is amended to read as follows: “§7342. Receipt and disposition of foreign gifts and decorations “(a) For the purpose of this section— “(1) ‘employee’ means— “(A) an employee as defined by section 2105 of this title and an officer or employee of the United States Postal Service or of the Postal Rate Commission ; “(B) an expert or consultant who is under contract under section 3109 of this title with the United States or any agency, department, or establishment thereof, including, in the case of an organization performing services under such section, any individual involved in the performance of such services; “(C) an individual employed by, or occupying an office or position in, the government of a territory or possession of the United States or the government of the District of Columbia; “(D) a member of a uniformed service; “(E) the President and the Vice President; “(F) a Member of Congress as defined by section 2106 of this title (except the Vice President) and any Delegate to the Congress; and 5 USC 2106. “(G) the spouse of an individual described in subparagraphs (A) through (F) (unless such individual and his or her spouse are separated) or a dependent (within the meaning of section 152 of the Internal Revenue Code of 1954) of such an individual, other than a spouse or dependent who is an employee under subparagraphs (A) through (F); 26 USC 152. “(2) ‘foreign government’ means— “(A) any unit of foreign governmental authority, including any foreign national, State, local, and municipal government; “(B) any international or multinational organization whose membership is composed of any unit of foreign government described in subparagraph (A); and “(C) any agent or representative of any such unit or such organization, while acting as such; “(3) ‘gift’ means a tangible or intangible present (other than a decoration) tendered by, or received from, a foreign government ; “(4) ‘decoration’ means an order, device, medal, badge, insignia, emblem, or award tendered by, or received from, a foreign government ; “(5) ‘minimal value’ means a retail value in the United States at the time of acceptance of $100 or less, except that— “(A) on January 1, 1981, and at 3 year intervals thereafter, “Minimal value,” triennial redefinition. ‘minimal value’ shall be redefined in regulations prescribed by the Administrator of General Services, in consultation with the Secretary of State, to reflect changes in the consumer price index for the immediately preceding 3-year period ; and “(B) regulations of an employing agency may define ‘minimal value’ for its employees to be less than the value established under this paragraph ; and “(6) ‘employing agency’ means— “(A) the Committee on Standards of Official Conduct of the House of Representatives, for Members and employees of the House of Representatives, except that those responsibilities specified in subsections (c) (2) (A), (e), and (g) (2) (B) shall be carried out by the Clerk of the House; “(B) the Select Committee on Ethics of the Senate, for Senators and employees of the Senate; “(C) the Administrative Office of the United States Courts, for judges and judicial branch employees; and “(D) the department, agency, office, or other entity in which an employee is employed, for other legislative branch employees and for all executive branch employees. “(b) An employee may not— Prohibited conduct. “(1) request or otherwise encourage the tender of a gift or decoration; or “(2) accept a gift or decoration, other than in accordance with the provisions of subsections (c) and (d). “(c) (1) The Congress consents to— “(A) the accepting and retaining by an employee of a gift of minimal value tendered and received as a souvenir or mark of courtesy; and “(B) the accepting by an employee of a gift of more than minimal value when such gift is in the nature of an educational scholarship or medical treatment or when it appears that to refuse the gift would likely cause offense or embarrassment or otherwise adversely affect the foreign relations of the United States, except that— “(i) a tangible gift of more than minimal value is deemed to have been accepted on behalf of the United States and, upon acceptance, shall become the property of the United States ; and “(ii) an employee may accept gifts of travel or expenses for travel taking place entirely outside the United States (such as transportation, food, and lodging) of more than minimal value if such acceptance is appropriate, consistent with the interests of the United States, and permitted by the employing agency and any regulations which may be prescribed by the employing agency. “(2) Within 60 days after accepting a tangible gift of more than minimal value (other than a gift described in paragraph (1) (B) (ii)), an employee shall— “(A) deposit the gift for disposal with his or her employing agency; or “(B) subject to the approval of the employing agency, deposit the gift with that agency for official use. Within 30 days after terminating the official use of a gift under subparagraph (B), the employing agency shall forward the gift to the Administrator of General Services in accordance with subsection (e). “(3) When an employee deposits a gift of more than minimal value for disposal or for official use pursuant to paragraph (2), or within 30 days after accepting travel or travel expenses as provided in paragraph (1)(B)(ii) unless such travel or travel expenses are accepted in accordance with specific instructions of his or her employing agency, the employee shall file a statement with his or her employing agency or its delegate containing the information prescribed in subsection (f) for that gift. “(d) The Congress consents to the accepting, retaining, and wearing by an employee of a decoration tendered in recognition of active field service in time of combat operations or awarded for other outstanding or unusually meritorious performance, subject to the approval of the employing agency of such employee. Without this approval, the decoration is deemed to have been accepted on behalf of the United States, shall become the property of the United States, and shall be deposited by the employee, within sixty days of acceptance, with the employing agency for official use or forwarding to the Administrator of General Services for disposal in accordance with subsection (e). “(e) Gifts and decorations that have been deposited with an employing agency for disposal shall be (1) returned to the donor, or (2) forwarded to the Administrator of General Services for transfer, donation, or other disposal in accordance with the provisions of the Federal Property and Administrative Services Act of 1949. However, 40 USC 471 note. no gift or decoration that has been deposited for disposal may be sold without the approval of the Secretary of State, upon a determination that the sale will not adversely affect the foreign relations of the United States. Gifts and decorations may be sold by negotiated sale. “(f) (1) Not later than January 31 of each year, each employing List, transmittal to Secretary of State. Publication in Federal Register. agency or its delegate shall compile a listing of all statements filed during the preceding year by the employees of that agency pursuant to subsection (c)(3) and shall transmit such listing to the Secretary of State who shall publish a comprehensive listing of all such statements in the Federal Register. “(2) Such listings shall include for each tangible gift reported— “(A) the name and position of the employee ; “(B) a brief description of the gift and the circumstances justifying acceptance ; “(C) the identity, if known, of the foreign government and the name and position of the individual who presented the gift ; “(D) the date of acceptance of the gift; “(E) the estimated value in the United States of the gift at the time of acceptance; and “(F) disposition or current location of the gift. “(3) Such listings shall include for each gift of travel or travel expenses— “(A) the name and position of the employee ; “(B) a brief description of the gift and the circumstances justifying acceptance ; and “(C) the identity, if known, of the foreign government and the name and position of the individual who presented the gift. “(4) In transmitting such listings for the Central Intelligence CIA list, deletions. Agency, the Director or Central Intelligence may delete the information described in subparagraphs (A) and (C) of paragraphs (2) and (3) if the Director certifies in writing to the Secretary of State that publication of such information could adversely affect United States intelligence sources. “(g) (1) Each employing agency shall prescribe such regulations as Regulations. may be necessary to carry out the purpose of this section. For all employing agencies in the executive branch, such regulations shall be prescribed pursuant to guidance provided by the Secretary of State. These regulations shall be implemented by each employing agency for its employees. “(2) Each employing agency shall— Contents. “(A) report to the Attorney General cases in which there is reason to believe that an employee has violated this section; “(B) establish a procedure for obtaining an appraisal, when necessary, of the value of gifts; and “(C) take any other actions necessary to carry out the purpose of this section. “(h) The Attorney General may bring a civil action in any district Civil actions. Jurisdiction. court of the United States against any employee who knowingly solicits or accepts a gift from a foreign government not consented to by this section or who fails to deposit or report such gift as required by this section. The court in which such action is brought may assess a Penalty. penalty against such employee in any amount not to exceed the retail value of the gift improperly solicited or received plus $5,000. “(i) The President shall direct all Chiefs of a United States Diplomatic Mission to inform their host governments that it is a general policy of the United States Government to prohibit United States Government employees from receiving gifts or decorations of more than minimal value. “(j) Nothing in this section shall be construed to derogate any regulation prescribed by any employing agency which provides for more stringent limitations on the receipt of gifts and decorations by its employees. “(k) The provisions of this section do not apply to grants and other forms of assistance to which section 108A of the Mutual Educational 22 USC 2458a. Effective date. 5 USC 7342 note. and Cultural Exchange Act of 1961 applies.”.

3. 1977

   Foreign Relations Authorization Act, Fiscal Year 1978

   Pub. L. 95–105 title V § 515(a)(1) · 91 Stat. 844

   1. Amended · 5 U.S.C. § 7342(b)

      Pub. L. 95–105 designated existing provisions as par. (1)

   2. Added · 5 U.S.C. § 7342(b)

      Pub. L. 95–105 added par. (2)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 95–105 designated existing provisions as par. (1) and added par. (2).

   Enacted provision · exact public law section
   (1) Section 7342 of title 5, United States Code, is amended to read as follows: “§7342. Receipt and disposition of foreign gifts and decorations “(a) For the purpose of this section— “(1) ‘employee’ means— “(A) an employee as defined by section 2105 of this title and an officer or employee of the United States Postal Service or of the Postal Rate Commission ; “(B) an expert or consultant who is under contract under section 3109 of this title with the United States or any agency, department, or establishment thereof, including, in the case of an organization performing services under such section, any individual involved in the performance of such services; “(C) an individual employed by, or occupying an office or position in, the government of a territory or possession of the United States or the government of the District of Columbia; “(D) a member of a uniformed service; “(E) the President and the Vice President; “(F) a Member of Congress as defined by section 2106 of this title (except the Vice President) and any Delegate to the Congress; and 5 USC 2106. “(G) the spouse of an individual described in subparagraphs (A) through (F) (unless such individual and his or her spouse are separated) or a dependent (within the meaning of section 152 of the Internal Revenue Code of 1954) of such an individual, other than a spouse or dependent who is an employee under subparagraphs (A) through (F); 26 USC 152. “(2) ‘foreign government’ means— “(A) any unit of foreign governmental authority, including any foreign national, State, local, and municipal government; “(B) any international or multinational organization whose membership is composed of any unit of foreign government described in subparagraph (A); and “(C) any agent or representative of any such unit or such organization, while acting as such; “(3) ‘gift’ means a tangible or intangible present (other than a decoration) tendered by, or received from, a foreign government ; “(4) ‘decoration’ means an order, device, medal, badge, insignia, emblem, or award tendered by, or received from, a foreign government ; “(5) ‘minimal value’ means a retail value in the United States at the time of acceptance of $100 or less, except that— “(A) on January 1, 1981, and at 3 year intervals thereafter, “Minimal value,” triennial redefinition. ‘minimal value’ shall be redefined in regulations prescribed by the Administrator of General Services, in consultation with the Secretary of State, to reflect changes in the consumer price index for the immediately preceding 3-year period ; and “(B) regulations of an employing agency may define ‘minimal value’ for its employees to be less than the value established under this paragraph ; and “(6) ‘employing agency’ means— “(A) the Committee on Standards of Official Conduct of the House of Representatives, for Members and employees of the House of Representatives, except that those responsibilities specified in subsections (c) (2) (A), (e), and (g) (2) (B) shall be carried out by the Clerk of the House; “(B) the Select Committee on Ethics of the Senate, for Senators and employees of the Senate; “(C) the Administrative Office of the United States Courts, for judges and judicial branch employees; and “(D) the department, agency, office, or other entity in which an employee is employed, for other legislative branch employees and for all executive branch employees. “(b) An employee may not— Prohibited conduct. “(1) request or otherwise encourage the tender of a gift or decoration; or “(2) accept a gift or decoration, other than in accordance with the provisions of subsections (c) and (d). “(c) (1) The Congress consents to— “(A) the accepting and retaining by an employee of a gift of minimal value tendered and received as a souvenir or mark of courtesy; and “(B) the accepting by an employee of a gift of more than minimal value when such gift is in the nature of an educational scholarship or medical treatment or when it appears that to refuse the gift would likely cause offense or embarrassment or otherwise adversely affect the foreign relations of the United States, except that— “(i) a tangible gift of more than minimal value is deemed to have been accepted on behalf of the United States and, upon acceptance, shall become the property of the United States ; and “(ii) an employee may accept gifts of travel or expenses for travel taking place entirely outside the United States (such as transportation, food, and lodging) of more than minimal value if such acceptance is appropriate, consistent with the interests of the United States, and permitted by the employing agency and any regulations which may be prescribed by the employing agency. “(2) Within 60 days after accepting a tangible gift of more than minimal value (other than a gift described in paragraph (1) (B) (ii)), an employee shall— “(A) deposit the gift for disposal with his or her employing agency; or “(B) subject to the approval of the employing agency, deposit the gift with that agency for official use. Within 30 days after terminating the official use of a gift under subparagraph (B), the employing agency shall forward the gift to the Administrator of General Services in accordance with subsection (e). “(3) When an employee deposits a gift of more than minimal value for disposal or for official use pursuant to paragraph (2), or within 30 days after accepting travel or travel expenses as provided in paragraph (1)(B)(ii) unless such travel or travel expenses are accepted in accordance with specific instructions of his or her employing agency, the employee shall file a statement with his or her employing agency or its delegate containing the information prescribed in subsection (f) for that gift. “(d) The Congress consents to the accepting, retaining, and wearing by an employee of a decoration tendered in recognition of active field service in time of combat operations or awarded for other outstanding or unusually meritorious performance, subject to the approval of the employing agency of such employee. Without this approval, the decoration is deemed to have been accepted on behalf of the United States, shall become the property of the United States, and shall be deposited by the employee, within sixty days of acceptance, with the employing agency for official use or forwarding to the Administrator of General Services for disposal in accordance with subsection (e). “(e) Gifts and decorations that have been deposited with an employing agency for disposal shall be (1) returned to the donor, or (2) forwarded to the Administrator of General Services for transfer, donation, or other disposal in accordance with the provisions of the Federal Property and Administrative Services Act of 1949. However, 40 USC 471 note. no gift or decoration that has been deposited for disposal may be sold without the approval of the Secretary of State, upon a determination that the sale will not adversely affect the foreign relations of the United States. Gifts and decorations may be sold by negotiated sale. “(f) (1) Not later than January 31 of each year, each employing List, transmittal to Secretary of State. Publication in Federal Register. agency or its delegate shall compile a listing of all statements filed during the preceding year by the employees of that agency pursuant to subsection (c)(3) and shall transmit such listing to the Secretary of State who shall publish a comprehensive listing of all such statements in the Federal Register. “(2) Such listings shall include for each tangible gift reported— “(A) the name and position of the employee ; “(B) a brief description of the gift and the circumstances justifying acceptance ; “(C) the identity, if known, of the foreign government and the name and position of the individual who presented the gift ; “(D) the date of acceptance of the gift; “(E) the estimated value in the United States of the gift at the time of acceptance; and “(F) disposition or current location of the gift. “(3) Such listings shall include for each gift of travel or travel expenses— “(A) the name and position of the employee ; “(B) a brief description of the gift and the circumstances justifying acceptance ; and “(C) the identity, if known, of the foreign government and the name and position of the individual who presented the gift. “(4) In transmitting such listings for the Central Intelligence CIA list, deletions. Agency, the Director or Central Intelligence may delete the information described in subparagraphs (A) and (C) of paragraphs (2) and (3) if the Director certifies in writing to the Secretary of State that publication of such information could adversely affect United States intelligence sources. “(g) (1) Each employing agency shall prescribe such regulations as Regulations. may be necessary to carry out the purpose of this section. For all employing agencies in the executive branch, such regulations shall be prescribed pursuant to guidance provided by the Secretary of State. These regulations shall be implemented by each employing agency for its employees. “(2) Each employing agency shall— Contents. “(A) report to the Attorney General cases in which there is reason to believe that an employee has violated this section; “(B) establish a procedure for obtaining an appraisal, when necessary, of the value of gifts; and “(C) take any other actions necessary to carry out the purpose of this section. “(h) The Attorney General may bring a civil action in any district Civil actions. Jurisdiction. court of the United States against any employee who knowingly solicits or accepts a gift from a foreign government not consented to by this section or who fails to deposit or report such gift as required by this section. The court in which such action is brought may assess a Penalty. penalty against such employee in any amount not to exceed the retail value of the gift improperly solicited or received plus $5,000. “(i) The President shall direct all Chiefs of a United States Diplomatic Mission to inform their host governments that it is a general policy of the United States Government to prohibit United States Government employees from receiving gifts or decorations of more than minimal value. “(j) Nothing in this section shall be construed to derogate any regulation prescribed by any employing agency which provides for more stringent limitations on the receipt of gifts and decorations by its employees. “(k) The provisions of this section do not apply to grants and other forms of assistance to which section 108A of the Mutual Educational 22 USC 2458a. Effective date. 5 USC 7342 note. and Cultural Exchange Act of 1961 applies.”.

4. 1977

   Foreign Relations Authorization Act, Fiscal Year 1978

   Pub. L. 95–105 title V § 515(a)(1) · 91 Stat. 844

   1. Inserted · 5 U.S.C. § 7342(c)

      Pub. L. 95–105 incorporated existing provisions of pars. (1) and (2) into par. (1), inserted provisions giving congressional consent to acceptance of a gift in the nature of an educational scholarship, medical treatment, or travel or travel expenses

   2. Added · 5 U.S.C. § 7342(c)

      Pub. L. 95–105 incorporated existing provisions of pars. (1) and (2) into par. (1), added pars. (2) and (3)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 95–105 incorporated existing provisions of pars. (1) and (2) into par. (1), inserted provisions giving congressional consent to acceptance of a gift in the nature of an educational scholarship, medical treatment, or travel or travel expenses, and added pars. (2) and (3).

   Enacted provision · exact public law section
   (1) Section 7342 of title 5, United States Code, is amended to read as follows: “§7342. Receipt and disposition of foreign gifts and decorations “(a) For the purpose of this section— “(1) ‘employee’ means— “(A) an employee as defined by section 2105 of this title and an officer or employee of the United States Postal Service or of the Postal Rate Commission ; “(B) an expert or consultant who is under contract under section 3109 of this title with the United States or any agency, department, or establishment thereof, including, in the case of an organization performing services under such section, any individual involved in the performance of such services; “(C) an individual employed by, or occupying an office or position in, the government of a territory or possession of the United States or the government of the District of Columbia; “(D) a member of a uniformed service; “(E) the President and the Vice President; “(F) a Member of Congress as defined by section 2106 of this title (except the Vice President) and any Delegate to the Congress; and 5 USC 2106. “(G) the spouse of an individual described in subparagraphs (A) through (F) (unless such individual and his or her spouse are separated) or a dependent (within the meaning of section 152 of the Internal Revenue Code of 1954) of such an individual, other than a spouse or dependent who is an employee under subparagraphs (A) through (F); 26 USC 152. “(2) ‘foreign government’ means— “(A) any unit of foreign governmental authority, including any foreign national, State, local, and municipal government; “(B) any international or multinational organization whose membership is composed of any unit of foreign government described in subparagraph (A); and “(C) any agent or representative of any such unit or such organization, while acting as such; “(3) ‘gift’ means a tangible or intangible present (other than a decoration) tendered by, or received from, a foreign government ; “(4) ‘decoration’ means an order, device, medal, badge, insignia, emblem, or award tendered by, or received from, a foreign government ; “(5) ‘minimal value’ means a retail value in the United States at the time of acceptance of $100 or less, except that— “(A) on January 1, 1981, and at 3 year intervals thereafter, “Minimal value,” triennial redefinition. ‘minimal value’ shall be redefined in regulations prescribed by the Administrator of General Services, in consultation with the Secretary of State, to reflect changes in the consumer price index for the immediately preceding 3-year period ; and “(B) regulations of an employing agency may define ‘minimal value’ for its employees to be less than the value established under this paragraph ; and “(6) ‘employing agency’ means— “(A) the Committee on Standards of Official Conduct of the House of Representatives, for Members and employees of the House of Representatives, except that those responsibilities specified in subsections (c) (2) (A), (e), and (g) (2) (B) shall be carried out by the Clerk of the House; “(B) the Select Committee on Ethics of the Senate, for Senators and employees of the Senate; “(C) the Administrative Office of the United States Courts, for judges and judicial branch employees; and “(D) the department, agency, office, or other entity in which an employee is employed, for other legislative branch employees and for all executive branch employees. “(b) An employee may not— Prohibited conduct. “(1) request or otherwise encourage the tender of a gift or decoration; or “(2) accept a gift or decoration, other than in accordance with the provisions of subsections (c) and (d). “(c) (1) The Congress consents to— “(A) the accepting and retaining by an employee of a gift of minimal value tendered and received as a souvenir or mark of courtesy; and “(B) the accepting by an employee of a gift of more than minimal value when such gift is in the nature of an educational scholarship or medical treatment or when it appears that to refuse the gift would likely cause offense or embarrassment or otherwise adversely affect the foreign relations of the United States, except that— “(i) a tangible gift of more than minimal value is deemed to have been accepted on behalf of the United States and, upon acceptance, shall become the property of the United States ; and “(ii) an employee may accept gifts of travel or expenses for travel taking place entirely outside the United States (such as transportation, food, and lodging) of more than minimal value if such acceptance is appropriate, consistent with the interests of the United States, and permitted by the employing agency and any regulations which may be prescribed by the employing agency. “(2) Within 60 days after accepting a tangible gift of more than minimal value (other than a gift described in paragraph (1) (B) (ii)), an employee shall— “(A) deposit the gift for disposal with his or her employing agency; or “(B) subject to the approval of the employing agency, deposit the gift with that agency for official use. Within 30 days after terminating the official use of a gift under subparagraph (B), the employing agency shall forward the gift to the Administrator of General Services in accordance with subsection (e). “(3) When an employee deposits a gift of more than minimal value for disposal or for official use pursuant to paragraph (2), or within 30 days after accepting travel or travel expenses as provided in paragraph (1)(B)(ii) unless such travel or travel expenses are accepted in accordance with specific instructions of his or her employing agency, the employee shall file a statement with his or her employing agency or its delegate containing the information prescribed in subsection (f) for that gift. “(d) The Congress consents to the accepting, retaining, and wearing by an employee of a decoration tendered in recognition of active field service in time of combat operations or awarded for other outstanding or unusually meritorious performance, subject to the approval of the employing agency of such employee. Without this approval, the decoration is deemed to have been accepted on behalf of the United States, shall become the property of the United States, and shall be deposited by the employee, within sixty days of acceptance, with the employing agency for official use or forwarding to the Administrator of General Services for disposal in accordance with subsection (e). “(e) Gifts and decorations that have been deposited with an employing agency for disposal shall be (1) returned to the donor, or (2) forwarded to the Administrator of General Services for transfer, donation, or other disposal in accordance with the provisions of the Federal Property and Administrative Services Act of 1949. However, 40 USC 471 note. no gift or decoration that has been deposited for disposal may be sold without the approval of the Secretary of State, upon a determination that the sale will not adversely affect the foreign relations of the United States. Gifts and decorations may be sold by negotiated sale. “(f) (1) Not later than January 31 of each year, each employing List, transmittal to Secretary of State. Publication in Federal Register. agency or its delegate shall compile a listing of all statements filed during the preceding year by the employees of that agency pursuant to subsection (c)(3) and shall transmit such listing to the Secretary of State who shall publish a comprehensive listing of all such statements in the Federal Register. “(2) Such listings shall include for each tangible gift reported— “(A) the name and position of the employee ; “(B) a brief description of the gift and the circumstances justifying acceptance ; “(C) the identity, if known, of the foreign government and the name and position of the individual who presented the gift ; “(D) the date of acceptance of the gift; “(E) the estimated value in the United States of the gift at the time of acceptance; and “(F) disposition or current location of the gift. “(3) Such listings shall include for each gift of travel or travel expenses— “(A) the name and position of the employee ; “(B) a brief description of the gift and the circumstances justifying acceptance ; and “(C) the identity, if known, of the foreign government and the name and position of the individual who presented the gift. “(4) In transmitting such listings for the Central Intelligence CIA list, deletions. Agency, the Director or Central Intelligence may delete the information described in subparagraphs (A) and (C) of paragraphs (2) and (3) if the Director certifies in writing to the Secretary of State that publication of such information could adversely affect United States intelligence sources. “(g) (1) Each employing agency shall prescribe such regulations as Regulations. may be necessary to carry out the purpose of this section. For all employing agencies in the executive branch, such regulations shall be prescribed pursuant to guidance provided by the Secretary of State. These regulations shall be implemented by each employing agency for its employees. “(2) Each employing agency shall— Contents. “(A) report to the Attorney General cases in which there is reason to believe that an employee has violated this section; “(B) establish a procedure for obtaining an appraisal, when necessary, of the value of gifts; and “(C) take any other actions necessary to carry out the purpose of this section. “(h) The Attorney General may bring a civil action in any district Civil actions. Jurisdiction. court of the United States against any employee who knowingly solicits or accepts a gift from a foreign government not consented to by this section or who fails to deposit or report such gift as required by this section. The court in which such action is brought may assess a Penalty. penalty against such employee in any amount not to exceed the retail value of the gift improperly solicited or received plus $5,000. “(i) The President shall direct all Chiefs of a United States Diplomatic Mission to inform their host governments that it is a general policy of the United States Government to prohibit United States Government employees from receiving gifts or decorations of more than minimal value. “(j) Nothing in this section shall be construed to derogate any regulation prescribed by any employing agency which provides for more stringent limitations on the receipt of gifts and decorations by its employees. “(k) The provisions of this section do not apply to grants and other forms of assistance to which section 108A of the Mutual Educational 22 USC 2458a. Effective date. 5 USC 7342 note. and Cultural Exchange Act of 1961 applies.”.

5. 1977

   Foreign Relations Authorization Act, Fiscal Year 1978

   Pub. L. 95–105 title V § 515(a)(1) · 91 Stat. 844

   1. Struck · 5 U.S.C. § 7342(d)

      Pub. L. 95–105 struck out provisions requiring the Secretary of State to concur with the approval of the employing agency

   2. Substituted · 5 U.S.C. § 7342(d)

      Pub. L. 95–105 substituted provisions requiring the employee to deposit property within 60 days of acceptance with the employing agency for official use or forwarding to the Administrator of General Services for disposal for provisions requiring the employee to deposit the decoration for use and disposal as the property of the United States under regulations prescribed under this section

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 95–105 struck out provisions requiring the Secretary of State to concur with the approval of the employing agency and substituted provisions requiring the employee to deposit property within 60 days of acceptance with the employing agency for official use or forwarding to the Administrator of General Services for disposal for provisions requiring the employee to deposit the decoration for use and disposal as the property of the United States under regulations prescribed under this section.

   Enacted provision · exact public law section
   (1) Section 7342 of title 5, United States Code, is amended to read as follows: “§7342. Receipt and disposition of foreign gifts and decorations “(a) For the purpose of this section— “(1) ‘employee’ means— “(A) an employee as defined by section 2105 of this title and an officer or employee of the United States Postal Service or of the Postal Rate Commission ; “(B) an expert or consultant who is under contract under section 3109 of this title with the United States or any agency, department, or establishment thereof, including, in the case of an organization performing services under such section, any individual involved in the performance of such services; “(C) an individual employed by, or occupying an office or position in, the government of a territory or possession of the United States or the government of the District of Columbia; “(D) a member of a uniformed service; “(E) the President and the Vice President; “(F) a Member of Congress as defined by section 2106 of this title (except the Vice President) and any Delegate to the Congress; and 5 USC 2106. “(G) the spouse of an individual described in subparagraphs (A) through (F) (unless such individual and his or her spouse are separated) or a dependent (within the meaning of section 152 of the Internal Revenue Code of 1954) of such an individual, other than a spouse or dependent who is an employee under subparagraphs (A) through (F); 26 USC 152. “(2) ‘foreign government’ means— “(A) any unit of foreign governmental authority, including any foreign national, State, local, and municipal government; “(B) any international or multinational organization whose membership is composed of any unit of foreign government described in subparagraph (A); and “(C) any agent or representative of any such unit or such organization, while acting as such; “(3) ‘gift’ means a tangible or intangible present (other than a decoration) tendered by, or received from, a foreign government ; “(4) ‘decoration’ means an order, device, medal, badge, insignia, emblem, or award tendered by, or received from, a foreign government ; “(5) ‘minimal value’ means a retail value in the United States at the time of acceptance of $100 or less, except that— “(A) on January 1, 1981, and at 3 year intervals thereafter, “Minimal value,” triennial redefinition. ‘minimal value’ shall be redefined in regulations prescribed by the Administrator of General Services, in consultation with the Secretary of State, to reflect changes in the consumer price index for the immediately preceding 3-year period ; and “(B) regulations of an employing agency may define ‘minimal value’ for its employees to be less than the value established under this paragraph ; and “(6) ‘employing agency’ means— “(A) the Committee on Standards of Official Conduct of the House of Representatives, for Members and employees of the House of Representatives, except that those responsibilities specified in subsections (c) (2) (A), (e), and (g) (2) (B) shall be carried out by the Clerk of the House; “(B) the Select Committee on Ethics of the Senate, for Senators and employees of the Senate; “(C) the Administrative Office of the United States Courts, for judges and judicial branch employees; and “(D) the department, agency, office, or other entity in which an employee is employed, for other legislative branch employees and for all executive branch employees. “(b) An employee may not— Prohibited conduct. “(1) request or otherwise encourage the tender of a gift or decoration; or “(2) accept a gift or decoration, other than in accordance with the provisions of subsections (c) and (d). “(c) (1) The Congress consents to— “(A) the accepting and retaining by an employee of a gift of minimal value tendered and received as a souvenir or mark of courtesy; and “(B) the accepting by an employee of a gift of more than minimal value when such gift is in the nature of an educational scholarship or medical treatment or when it appears that to refuse the gift would likely cause offense or embarrassment or otherwise adversely affect the foreign relations of the United States, except that— “(i) a tangible gift of more than minimal value is deemed to have been accepted on behalf of the United States and, upon acceptance, shall become the property of the United States ; and “(ii) an employee may accept gifts of travel or expenses for travel taking place entirely outside the United States (such as transportation, food, and lodging) of more than minimal value if such acceptance is appropriate, consistent with the interests of the United States, and permitted by the employing agency and any regulations which may be prescribed by the employing agency. “(2) Within 60 days after accepting a tangible gift of more than minimal value (other than a gift described in paragraph (1) (B) (ii)), an employee shall— “(A) deposit the gift for disposal with his or her employing agency; or “(B) subject to the approval of the employing agency, deposit the gift with that agency for official use. Within 30 days after terminating the official use of a gift under subparagraph (B), the employing agency shall forward the gift to the Administrator of General Services in accordance with subsection (e). “(3) When an employee deposits a gift of more than minimal value for disposal or for official use pursuant to paragraph (2), or within 30 days after accepting travel or travel expenses as provided in paragraph (1)(B)(ii) unless such travel or travel expenses are accepted in accordance with specific instructions of his or her employing agency, the employee shall file a statement with his or her employing agency or its delegate containing the information prescribed in subsection (f) for that gift. “(d) The Congress consents to the accepting, retaining, and wearing by an employee of a decoration tendered in recognition of active field service in time of combat operations or awarded for other outstanding or unusually meritorious performance, subject to the approval of the employing agency of such employee. Without this approval, the decoration is deemed to have been accepted on behalf of the United States, shall become the property of the United States, and shall be deposited by the employee, within sixty days of acceptance, with the employing agency for official use or forwarding to the Administrator of General Services for disposal in accordance with subsection (e). “(e) Gifts and decorations that have been deposited with an employing agency for disposal shall be (1) returned to the donor, or (2) forwarded to the Administrator of General Services for transfer, donation, or other disposal in accordance with the provisions of the Federal Property and Administrative Services Act of 1949. However, 40 USC 471 note. no gift or decoration that has been deposited for disposal may be sold without the approval of the Secretary of State, upon a determination that the sale will not adversely affect the foreign relations of the United States. Gifts and decorations may be sold by negotiated sale. “(f) (1) Not later than January 31 of each year, each employing List, transmittal to Secretary of State. Publication in Federal Register. agency or its delegate shall compile a listing of all statements filed during the preceding year by the employees of that agency pursuant to subsection (c)(3) and shall transmit such listing to the Secretary of State who shall publish a comprehensive listing of all such statements in the Federal Register. “(2) Such listings shall include for each tangible gift reported— “(A) the name and position of the employee ; “(B) a brief description of the gift and the circumstances justifying acceptance ; “(C) the identity, if known, of the foreign government and the name and position of the individual who presented the gift ; “(D) the date of acceptance of the gift; “(E) the estimated value in the United States of the gift at the time of acceptance; and “(F) disposition or current location of the gift. “(3) Such listings shall include for each gift of travel or travel expenses— “(A) the name and position of the employee ; “(B) a brief description of the gift and the circumstances justifying acceptance ; and “(C) the identity, if known, of the foreign government and the name and position of the individual who presented the gift. “(4) In transmitting such listings for the Central Intelligence CIA list, deletions. Agency, the Director or Central Intelligence may delete the information described in subparagraphs (A) and (C) of paragraphs (2) and (3) if the Director certifies in writing to the Secretary of State that publication of such information could adversely affect United States intelligence sources. “(g) (1) Each employing agency shall prescribe such regulations as Regulations. may be necessary to carry out the purpose of this section. For all employing agencies in the executive branch, such regulations shall be prescribed pursuant to guidance provided by the Secretary of State. These regulations shall be implemented by each employing agency for its employees. “(2) Each employing agency shall— Contents. “(A) report to the Attorney General cases in which there is reason to believe that an employee has violated this section; “(B) establish a procedure for obtaining an appraisal, when necessary, of the value of gifts; and “(C) take any other actions necessary to carry out the purpose of this section. “(h) The Attorney General may bring a civil action in any district Civil actions. Jurisdiction. court of the United States against any employee who knowingly solicits or accepts a gift from a foreign government not consented to by this section or who fails to deposit or report such gift as required by this section. The court in which such action is brought may assess a Penalty. penalty against such employee in any amount not to exceed the retail value of the gift improperly solicited or received plus $5,000. “(i) The President shall direct all Chiefs of a United States Diplomatic Mission to inform their host governments that it is a general policy of the United States Government to prohibit United States Government employees from receiving gifts or decorations of more than minimal value. “(j) Nothing in this section shall be construed to derogate any regulation prescribed by any employing agency which provides for more stringent limitations on the receipt of gifts and decorations by its employees. “(k) The provisions of this section do not apply to grants and other forms of assistance to which section 108A of the Mutual Educational 22 USC 2458a. Effective date. 5 USC 7342 note. and Cultural Exchange Act of 1961 applies.”.

6. 1977

   Foreign Relations Authorization Act, Fiscal Year 1978

   Pub. L. 95–105 title V § 515(a)(1) · 91 Stat. 844

   Substituted · 5 U.S.C. § 7342(e)

   Pub. L. 95–105 substituted provisions relating to the disposal of decorations for provisions authorizing the President to prescribe regulations to carry out the purposes of this section

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 95–105 substituted provisions relating to the disposal of decorations for provisions authorizing the President to prescribe regulations to carry out the purposes of this section.

   Enacted provision · exact public law section
   (1) Section 7342 of title 5, United States Code, is amended to read as follows: “§7342. Receipt and disposition of foreign gifts and decorations “(a) For the purpose of this section— “(1) ‘employee’ means— “(A) an employee as defined by section 2105 of this title and an officer or employee of the United States Postal Service or of the Postal Rate Commission ; “(B) an expert or consultant who is under contract under section 3109 of this title with the United States or any agency, department, or establishment thereof, including, in the case of an organization performing services under such section, any individual involved in the performance of such services; “(C) an individual employed by, or occupying an office or position in, the government of a territory or possession of the United States or the government of the District of Columbia; “(D) a member of a uniformed service; “(E) the President and the Vice President; “(F) a Member of Congress as defined by section 2106 of this title (except the Vice President) and any Delegate to the Congress; and 5 USC 2106. “(G) the spouse of an individual described in subparagraphs (A) through (F) (unless such individual and his or her spouse are separated) or a dependent (within the meaning of section 152 of the Internal Revenue Code of 1954) of such an individual, other than a spouse or dependent who is an employee under subparagraphs (A) through (F); 26 USC 152. “(2) ‘foreign government’ means— “(A) any unit of foreign governmental authority, including any foreign national, State, local, and municipal government; “(B) any international or multinational organization whose membership is composed of any unit of foreign government described in subparagraph (A); and “(C) any agent or representative of any such unit or such organization, while acting as such; “(3) ‘gift’ means a tangible or intangible present (other than a decoration) tendered by, or received from, a foreign government ; “(4) ‘decoration’ means an order, device, medal, badge, insignia, emblem, or award tendered by, or received from, a foreign government ; “(5) ‘minimal value’ means a retail value in the United States at the time of acceptance of $100 or less, except that— “(A) on January 1, 1981, and at 3 year intervals thereafter, “Minimal value,” triennial redefinition. ‘minimal value’ shall be redefined in regulations prescribed by the Administrator of General Services, in consultation with the Secretary of State, to reflect changes in the consumer price index for the immediately preceding 3-year period ; and “(B) regulations of an employing agency may define ‘minimal value’ for its employees to be less than the value established under this paragraph ; and “(6) ‘employing agency’ means— “(A) the Committee on Standards of Official Conduct of the House of Representatives, for Members and employees of the House of Representatives, except that those responsibilities specified in subsections (c) (2) (A), (e), and (g) (2) (B) shall be carried out by the Clerk of the House; “(B) the Select Committee on Ethics of the Senate, for Senators and employees of the Senate; “(C) the Administrative Office of the United States Courts, for judges and judicial branch employees; and “(D) the department, agency, office, or other entity in which an employee is employed, for other legislative branch employees and for all executive branch employees. “(b) An employee may not— Prohibited conduct. “(1) request or otherwise encourage the tender of a gift or decoration; or “(2) accept a gift or decoration, other than in accordance with the provisions of subsections (c) and (d). “(c) (1) The Congress consents to— “(A) the accepting and retaining by an employee of a gift of minimal value tendered and received as a souvenir or mark of courtesy; and “(B) the accepting by an employee of a gift of more than minimal value when such gift is in the nature of an educational scholarship or medical treatment or when it appears that to refuse the gift would likely cause offense or embarrassment or otherwise adversely affect the foreign relations of the United States, except that— “(i) a tangible gift of more than minimal value is deemed to have been accepted on behalf of the United States and, upon acceptance, shall become the property of the United States ; and “(ii) an employee may accept gifts of travel or expenses for travel taking place entirely outside the United States (such as transportation, food, and lodging) of more than minimal value if such acceptance is appropriate, consistent with the interests of the United States, and permitted by the employing agency and any regulations which may be prescribed by the employing agency. “(2) Within 60 days after accepting a tangible gift of more than minimal value (other than a gift described in paragraph (1) (B) (ii)), an employee shall— “(A) deposit the gift for disposal with his or her employing agency; or “(B) subject to the approval of the employing agency, deposit the gift with that agency for official use. Within 30 days after terminating the official use of a gift under subparagraph (B), the employing agency shall forward the gift to the Administrator of General Services in accordance with subsection (e). “(3) When an employee deposits a gift of more than minimal value for disposal or for official use pursuant to paragraph (2), or within 30 days after accepting travel or travel expenses as provided in paragraph (1)(B)(ii) unless such travel or travel expenses are accepted in accordance with specific instructions of his or her employing agency, the employee shall file a statement with his or her employing agency or its delegate containing the information prescribed in subsection (f) for that gift. “(d) The Congress consents to the accepting, retaining, and wearing by an employee of a decoration tendered in recognition of active field service in time of combat operations or awarded for other outstanding or unusually meritorious performance, subject to the approval of the employing agency of such employee. Without this approval, the decoration is deemed to have been accepted on behalf of the United States, shall become the property of the United States, and shall be deposited by the employee, within sixty days of acceptance, with the employing agency for official use or forwarding to the Administrator of General Services for disposal in accordance with subsection (e). “(e) Gifts and decorations that have been deposited with an employing agency for disposal shall be (1) returned to the donor, or (2) forwarded to the Administrator of General Services for transfer, donation, or other disposal in accordance with the provisions of the Federal Property and Administrative Services Act of 1949. However, 40 USC 471 note. no gift or decoration that has been deposited for disposal may be sold without the approval of the Secretary of State, upon a determination that the sale will not adversely affect the foreign relations of the United States. Gifts and decorations may be sold by negotiated sale. “(f) (1) Not later than January 31 of each year, each employing List, transmittal to Secretary of State. Publication in Federal Register. agency or its delegate shall compile a listing of all statements filed during the preceding year by the employees of that agency pursuant to subsection (c)(3) and shall transmit such listing to the Secretary of State who shall publish a comprehensive listing of all such statements in the Federal Register. “(2) Such listings shall include for each tangible gift reported— “(A) the name and position of the employee ; “(B) a brief description of the gift and the circumstances justifying acceptance ; “(C) the identity, if known, of the foreign government and the name and position of the individual who presented the gift ; “(D) the date of acceptance of the gift; “(E) the estimated value in the United States of the gift at the time of acceptance; and “(F) disposition or current location of the gift. “(3) Such listings shall include for each gift of travel or travel expenses— “(A) the name and position of the employee ; “(B) a brief description of the gift and the circumstances justifying acceptance ; and “(C) the identity, if known, of the foreign government and the name and position of the individual who presented the gift. “(4) In transmitting such listings for the Central Intelligence CIA list, deletions. Agency, the Director or Central Intelligence may delete the information described in subparagraphs (A) and (C) of paragraphs (2) and (3) if the Director certifies in writing to the Secretary of State that publication of such information could adversely affect United States intelligence sources. “(g) (1) Each employing agency shall prescribe such regulations as Regulations. may be necessary to carry out the purpose of this section. For all employing agencies in the executive branch, such regulations shall be prescribed pursuant to guidance provided by the Secretary of State. These regulations shall be implemented by each employing agency for its employees. “(2) Each employing agency shall— Contents. “(A) report to the Attorney General cases in which there is reason to believe that an employee has violated this section; “(B) establish a procedure for obtaining an appraisal, when necessary, of the value of gifts; and “(C) take any other actions necessary to carry out the purpose of this section. “(h) The Attorney General may bring a civil action in any district Civil actions. Jurisdiction. court of the United States against any employee who knowingly solicits or accepts a gift from a foreign government not consented to by this section or who fails to deposit or report such gift as required by this section. The court in which such action is brought may assess a Penalty. penalty against such employee in any amount not to exceed the retail value of the gift improperly solicited or received plus $5,000. “(i) The President shall direct all Chiefs of a United States Diplomatic Mission to inform their host governments that it is a general policy of the United States Government to prohibit United States Government employees from receiving gifts or decorations of more than minimal value. “(j) Nothing in this section shall be construed to derogate any regulation prescribed by any employing agency which provides for more stringent limitations on the receipt of gifts and decorations by its employees. “(k) The provisions of this section do not apply to grants and other forms of assistance to which section 108A of the Mutual Educational 22 USC 2458a. Effective date. 5 USC 7342 note. and Cultural Exchange Act of 1961 applies.”.

7. 1977

   Foreign Relations Authorization Act, Fiscal Year 1978

   Pub. L. 95–105 title V § 515(a)(1) · 91 Stat. 844

   Added · 5 U.S.C. § 7342(f)(k)

   Pub. L. 95–105 added subsecs. (f) to (k)

   Source evidence

   Code amendment note
   Subsecs. (f) to (k). Pub. L. 95–105 added subsecs. (f) to (k).

   Enacted provision · exact public law section
   (1) Section 7342 of title 5, United States Code, is amended to read as follows: “§7342. Receipt and disposition of foreign gifts and decorations “(a) For the purpose of this section— “(1) ‘employee’ means— “(A) an employee as defined by section 2105 of this title and an officer or employee of the United States Postal Service or of the Postal Rate Commission ; “(B) an expert or consultant who is under contract under section 3109 of this title with the United States or any agency, department, or establishment thereof, including, in the case of an organization performing services under such section, any individual involved in the performance of such services; “(C) an individual employed by, or occupying an office or position in, the government of a territory or possession of the United States or the government of the District of Columbia; “(D) a member of a uniformed service; “(E) the President and the Vice President; “(F) a Member of Congress as defined by section 2106 of this title (except the Vice President) and any Delegate to the Congress; and 5 USC 2106. “(G) the spouse of an individual described in subparagraphs (A) through (F) (unless such individual and his or her spouse are separated) or a dependent (within the meaning of section 152 of the Internal Revenue Code of 1954) of such an individual, other than a spouse or dependent who is an employee under subparagraphs (A) through (F); 26 USC 152. “(2) ‘foreign government’ means— “(A) any unit of foreign governmental authority, including any foreign national, State, local, and municipal government; “(B) any international or multinational organization whose membership is composed of any unit of foreign government described in subparagraph (A); and “(C) any agent or representative of any such unit or such organization, while acting as such; “(3) ‘gift’ means a tangible or intangible present (other than a decoration) tendered by, or received from, a foreign government ; “(4) ‘decoration’ means an order, device, medal, badge, insignia, emblem, or award tendered by, or received from, a foreign government ; “(5) ‘minimal value’ means a retail value in the United States at the time of acceptance of $100 or less, except that— “(A) on January 1, 1981, and at 3 year intervals thereafter, “Minimal value,” triennial redefinition. ‘minimal value’ shall be redefined in regulations prescribed by the Administrator of General Services, in consultation with the Secretary of State, to reflect changes in the consumer price index for the immediately preceding 3-year period ; and “(B) regulations of an employing agency may define ‘minimal value’ for its employees to be less than the value established under this paragraph ; and “(6) ‘employing agency’ means— “(A) the Committee on Standards of Official Conduct of the House of Representatives, for Members and employees of the House of Representatives, except that those responsibilities specified in subsections (c) (2) (A), (e), and (g) (2) (B) shall be carried out by the Clerk of the House; “(B) the Select Committee on Ethics of the Senate, for Senators and employees of the Senate; “(C) the Administrative Office of the United States Courts, for judges and judicial branch employees; and “(D) the department, agency, office, or other entity in which an employee is employed, for other legislative branch employees and for all executive branch employees. “(b) An employee may not— Prohibited conduct. “(1) request or otherwise encourage the tender of a gift or decoration; or “(2) accept a gift or decoration, other than in accordance with the provisions of subsections (c) and (d). “(c) (1) The Congress consents to— “(A) the accepting and retaining by an employee of a gift of minimal value tendered and received as a souvenir or mark of courtesy; and “(B) the accepting by an employee of a gift of more than minimal value when such gift is in the nature of an educational scholarship or medical treatment or when it appears that to refuse the gift would likely cause offense or embarrassment or otherwise adversely affect the foreign relations of the United States, except that— “(i) a tangible gift of more than minimal value is deemed to have been accepted on behalf of the United States and, upon acceptance, shall become the property of the United States ; and “(ii) an employee may accept gifts of travel or expenses for travel taking place entirely outside the United States (such as transportation, food, and lodging) of more than minimal value if such acceptance is appropriate, consistent with the interests of the United States, and permitted by the employing agency and any regulations which may be prescribed by the employing agency. “(2) Within 60 days after accepting a tangible gift of more than minimal value (other than a gift described in paragraph (1) (B) (ii)), an employee shall— “(A) deposit the gift for disposal with his or her employing agency; or “(B) subject to the approval of the employing agency, deposit the gift with that agency for official use. Within 30 days after terminating the official use of a gift under subparagraph (B), the employing agency shall forward the gift to the Administrator of General Services in accordance with subsection (e). “(3) When an employee deposits a gift of more than minimal value for disposal or for official use pursuant to paragraph (2), or within 30 days after accepting travel or travel expenses as provided in paragraph (1)(B)(ii) unless such travel or travel expenses are accepted in accordance with specific instructions of his or her employing agency, the employee shall file a statement with his or her employing agency or its delegate containing the information prescribed in subsection (f) for that gift. “(d) The Congress consents to the accepting, retaining, and wearing by an employee of a decoration tendered in recognition of active field service in time of combat operations or awarded for other outstanding or unusually meritorious performance, subject to the approval of the employing agency of such employee. Without this approval, the decoration is deemed to have been accepted on behalf of the United States, shall become the property of the United States, and shall be deposited by the employee, within sixty days of acceptance, with the employing agency for official use or forwarding to the Administrator of General Services for disposal in accordance with subsection (e). “(e) Gifts and decorations that have been deposited with an employing agency for disposal shall be (1) returned to the donor, or (2) forwarded to the Administrator of General Services for transfer, donation, or other disposal in accordance with the provisions of the Federal Property and Administrative Services Act of 1949. However, 40 USC 471 note. no gift or decoration that has been deposited for disposal may be sold without the approval of the Secretary of State, upon a determination that the sale will not adversely affect the foreign relations of the United States. Gifts and decorations may be sold by negotiated sale. “(f) (1) Not later than January 31 of each year, each employing List, transmittal to Secretary of State. Publication in Federal Register. agency or its delegate shall compile a listing of all statements filed during the preceding year by the employees of that agency pursuant to subsection (c)(3) and shall transmit such listing to the Secretary of State who shall publish a comprehensive listing of all such statements in the Federal Register. “(2) Such listings shall include for each tangible gift reported— “(A) the name and position of the employee ; “(B) a brief description of the gift and the circumstances justifying acceptance ; “(C) the identity, if known, of the foreign government and the name and position of the individual who presented the gift ; “(D) the date of acceptance of the gift; “(E) the estimated value in the United States of the gift at the time of acceptance; and “(F) disposition or current location of the gift. “(3) Such listings shall include for each gift of travel or travel expenses— “(A) the name and position of the employee ; “(B) a brief description of the gift and the circumstances justifying acceptance ; and “(C) the identity, if known, of the foreign government and the name and position of the individual who presented the gift. “(4) In transmitting such listings for the Central Intelligence CIA list, deletions. Agency, the Director or Central Intelligence may delete the information described in subparagraphs (A) and (C) of paragraphs (2) and (3) if the Director certifies in writing to the Secretary of State that publication of such information could adversely affect United States intelligence sources. “(g) (1) Each employing agency shall prescribe such regulations as Regulations. may be necessary to carry out the purpose of this section. For all employing agencies in the executive branch, such regulations shall be prescribed pursuant to guidance provided by the Secretary of State. These regulations shall be implemented by each employing agency for its employees. “(2) Each employing agency shall— Contents. “(A) report to the Attorney General cases in which there is reason to believe that an employee has violated this section; “(B) establish a procedure for obtaining an appraisal, when necessary, of the value of gifts; and “(C) take any other actions necessary to carry out the purpose of this section. “(h) The Attorney General may bring a civil action in any district Civil actions. Jurisdiction. court of the United States against any employee who knowingly solicits or accepts a gift from a foreign government not consented to by this section or who fails to deposit or report such gift as required by this section. The court in which such action is brought may assess a Penalty. penalty against such employee in any amount not to exceed the retail value of the gift improperly solicited or received plus $5,000. “(i) The President shall direct all Chiefs of a United States Diplomatic Mission to inform their host governments that it is a general policy of the United States Government to prohibit United States Government employees from receiving gifts or decorations of more than minimal value. “(j) Nothing in this section shall be construed to derogate any regulation prescribed by any employing agency which provides for more stringent limitations on the receipt of gifts and decorations by its employees. “(k) The provisions of this section do not apply to grants and other forms of assistance to which section 108A of the Mutual Educational 22 USC 2458a. Effective date. 5 USC 7342 note. and Cultural Exchange Act of 1961 applies.”.

8. 1978

   Pub. L. 95–426 § 712(a)(1) · 92 Stat. 963

   Substituted · 5 U.S.C. § 7342(a)(6)(A)

   Pub. L. 95–426, § 712(a)(1), substituted “(e)(1)” for “(e)”

   Source evidence

   Code amendment note
   Subsec. (a)(6)(A). Pub. L. 95–426, § 712(a)(1), substituted “(e)(1)” for “(e)”.

   Enacted provision · exact public law section
   (1) by striking out “(e)” in subparagraph (A) and inserting in lieu thereof “(e) (1)”; and

9. 1978

   Pub. L. 95–426 § 712(a)(2) · 92 Stat. 963

   Inserted · 5 U.S.C. § 7342(a)(6)(B)

   Pub. L. 95–426, § 712(a)(2), inserted “, except that those responsibilities (other than responsibilities involving approval of the employing agency) specified in subsection (c)(2), (d), and (g)(2)(B) shall be carried out by the Secretary of the Senate”

   Source evidence

   Code amendment note
   Subsec. (a)(6)(B). Pub. L. 95–426, § 712(a)(2), inserted “, except that those responsibilities (other than responsibilities involving approval of the employing agency) specified in subsection (c)(2), (d), and (g)(2)(B) shall be carried out by the Secretary of the Senate”.

   Enacted provision · exact public law section
   (2) by inserting before the semicolon at the end of subparagraph (B) the following: “, except that those responsibilities (other than responsibilities involving approval of the employing agency) specified in subsections (c)(2), (d), and (g) (2) (B shall be carried out by the Secretary of the Senate”.

10. 1978

    Pub. L. 95–426 § 712(b)(1) · 92 Stat. 963

    Substituted · 5 U.S.C. § 7342(c)(2)

    Pub. L. 95–426, § 712(b)(1), substituted “subsection (e)(1) or provide for its disposal in accordance with subsection (e)(2)” for “subsection (e)”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 95–426, § 712(b)(1), substituted “subsection (e)(1) or provide for its disposal in accordance with subsection (e)(2)” for “subsection (e)”.

    Enacted provision · exact public law section
    (1) The last sentence of section 7342(c)(2) of such title is amended by striking out “subsection (e)” and inserting in lieu thereof “subsection (e) (1) or provide for its disposal in accordance with subsection (e)(2)”.

11. 1978

    Pub. L. 95–426 § 712(b)(2) · 92 Stat. 963

    Substituted · 5 U.S.C. § 7342(d)

    Pub. L. 95–426, § 712(b)(2), substituted “official use, for forwarding”, for “official use, or forwarding”, and “subsection (e)(1), or for disposal in accordance with subsection (e)(2)” for “subsection (e)”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 95–426, § 712(b)(2), substituted “official use, for forwarding”, for “official use, or forwarding”, and “subsection (e)(1), or for disposal in accordance with subsection (e)(2)” for “subsection (e)”.

    Enacted provision · exact public law section
    (2) The last sentence of section 7342(d) of such title is amended— (A) by striking out “or” and inserting in lieu thereof “, for”; and (B) by striking out “subsection (e)” and inserting in lieu thereof “subsection (e)(1), or for disposal in accordance with subsection (e)(2)”.

12. 1978

    Pub. L. 95–426 § 712(c) · 92 Stat. 963

    1. Amended · 5 U.S.C. § 7342(e)

       Pub. L. 95–426, § 712(c), designated existing provisions as par. (1)

    2. Substituted · 5 U.S.C. § 7342(e)

       Pub. L. 95–426, § 712(c), substituted “Except as provided in paragraph (2), gifts” for “Gifts” “(2)”, respectively

    3. Substituted · 5 U.S.C. § 7342(e)

       Pub. L. 95–426, § 712(c), substituted “(B)” for “(1)” “(2)”, respectively

    4. Added · 5 U.S.C. § 7342(e)

       Pub. L. 95–426, § 712(c), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 95–426, § 712(c), designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), gifts” for “Gifts”, “(A)” and “(B)” for “(1)” and “(2)”, respectively, and added par. (2).

    Enacted provision · exact public law section
    (c) Section 7342(e) of such title is amended— (1) by striking out “Gifts” and inserting in lieu thereof “(1) Except as provided in paragraph (2), gifts”; (2) by striking out “(1)” and “(2)” and inserting in lieu thereof “(A)” and “(B)”, respectively; and (3) by adding at the end thereof the following new paragraph: Gifts and decorations received by a Senator or an employee of the Senate that are deposited with the Secretary of the Senate for disposal, or are deposited for an official use which has terminated, shall be disposed of by the Commission on Arts and Antiquities of the United States Senate. Any such gift or decoration may be returned by the Commission to the donor or may be transferred or donated by the Commission, subject to such terms and conditions as it may prescribe, (A) to an agency or instrumentality of (i) the United States, (ii) a State, territory, or possession of the United States, or a political subdivision of the foregoing, or (iii) the District of Columbia, or (B) to an organization described in section 501(c) (3) of the Internal Revenue Code of 1954 which is exempt from taxation under section 501(a) 26 USC 501. of such Code. Any such gift or decoration not disposed of as provided in the preceding sentence shall be forwarded to the Administrator of General Services for disposal in accordance with paragraph (1). If the Administrator does not dispose of such gift or decoration within one year, he shall, at the request of the Commission, return it to the Commission and the Commission may dispose of such gift or decoration in such manner as it considers proper, except that such gift or decoration may be sold only with the approval of the Secretary of State upon a determination that the sale will not adversely affect the foreign relations of the United States.”.

13. 1986

    Tax Reform Act of 1986

    Pub. L. 99–514 § 2 · 100 Stat. 2085

    Substituted · 5 U.S.C. § 7342(a)(1)(G); 5 U.S.C. § 7342(a)(e)(2)

    Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”

    Source evidence

    Code amendment note
    Subsecs. (a)(1)(G), (e)(2). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.

    Enacted provision · exact public law section
    SEC. 2. INTERNAL REVENUE CODE OF 1986. (a) Redesignation of 1954 Code.— The Internal Revenue Title enacted August 16, 1954, as heretofore, hereby, or hereafter amended, may be cited as the “Internal Revenue Code of 1986”. (b) References in Laws, Etc.— Except when inappropriate, any reference in any law, Executive order, or other document— (1) to the Internal Revenue Code of 1954 shall include a reference to the Internal Revenue Code of 1986, and (2) to the Internal Revenue Code of 1986 shall include a reference to the provisions of law formerly known as the Internal Revenue Code of 1954.

14. 2002

    Pub. L. 107–217 § 3(a)(1) · 116 Stat. 1062

    Substituted · 5 U.S.C. § 7342(e)(1)

    Pub. L. 107–217 substituted “provisions of subtitle I of title 40 and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” for “provisions of the Federal Property and Administrative Services Act of 1949”

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 107–217 substituted “provisions of subtitle I of title 40 and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” for “provisions of the Federal Property and Administrative Services Act of 1949”.

    Enacted provision · exact public law section
    (1) In section 7342(e)(1)— (A) insert “subtitle I of title 40 and title III of” before “the Federal”; and (B) insert “(41 U.S.C. 251 et seq.)” after “of 1949”.

15. 2004

    National Security Intelligence Reform Act of 2004

    Pub. L. 108–458 title I § 1079(b) · 118 Stat. 3638

    1. Amended · 5 U.S.C. § 7342(f)(4)

       Pub. L. 108–458 designated existing provisions as subpar. (A)

    2. Substituted · 5 U.S.C. § 7342(f)(4)

       Pub. L. 108–458 substituted “the Director of the Central Intelligence Agency” for “the Director of Central Intelligence”

    3. Added · 5 U.S.C. § 7342(f)(4)

       Pub. L. 108–458 added subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (f)(4). Pub. L. 108–458 designated existing provisions as subpar. (A), substituted “the Director of the Central Intelligence Agency” for “the Director of Central Intelligence”, and added subpar. (B).

    Enacted provision · exact public law section
    (b) Deletion of Information About Foreign Gifts.— Section 7342(f)(4) of title 5, United States Code, is amended— (1) by inserting “(A)” after “(4)”; (2) in subparagraph (A), as so designated, by striking “the Director of Central Intelligence” and inserting “the Director of the Central Intelligence Agency”; and (3) by adding at the end the following new subparagraph: “(B) In transmitting such listings for the Office of the Director of National Intelligence, the Director of National Intelligence may delete the information described in subparagraphs (A) and (C) of paragraphs (2) and (3) if the Director certifies in writing to the Secretary of State that the publication of such information could adversely affect United States intelligence sources.” .

    Effective date note
    For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of Title 50, War and National Defense. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out as an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of Title 50, War and National Defense.

16. 2006

    Pub. L. 109–435 title VI § 604(b) · 120 Stat. 3198

    Substituted · 5 U.S.C. § 7342(a)(1)(A)

    Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A). Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”.

    Enacted provision · exact public law section
    (b) Amendments to Title 5, United States Code.— Title 5, United States Code, is amended in sections 104(1), 306(f), 2104(b), 3371(3), 5314 (in the item relating to Chairman, Postal Rate Commission), 5315 (in the item relating to Members, Postal Rate Commission), 5514(a)(5)(B), 7342(a)(1)(A), 7511(a)(1)(B)(ii), 8402(c)(1), 8423(b)(1)(B), and 8474(c)(4) by striking “Postal Rate Commission” and inserting “Postal Regulatory Commission”.

17. 2010

    Intelligence Authorization Act for Fiscal Year 2010

    Pub. L. 111–259 title III § 361 · 124 Stat. 2654

    Amended · 5 U.S.C. § 7342(f)(4)

    Pub. L. 111–259 amended par. (4) generally. Prior to amendment, par. (4) read as follows:

    Source evidence

    Code amendment note
    Subsec. (f)(4). Pub. L. 111–259 amended par. (4) generally. Prior to amendment, par. (4) read as follows:

    “(A) In transmitting such listings for the Central Intelligence Agency, the Director of the Central Intelligence Agency may delete the information described in subparagraphs (A) and (C) of paragraphs (2) and (3) if the Director certifies in writing to the Secretary of State that the publication of such information could adversely affect United States intelligence sources. “(B) In transmitting such listings for the Office of the Director of National Intelligence, the Director of National Intelligence may delete the information described in subparagraphs (A) and (C) of paragraphs (2) and (3) if the Director certifies in writing to the Secretary of State that the publication of such information could adversely affect United States intelligence sources.”

    Enacted provision · exact public law section
    SEC. 361. EXTENSION OF AUTHORITY TO DELETE INFORMATION ABOUT RECEIPT AND DISPOSITION OF FOREIGN GIFTS AND DECORATIONS.   Paragraph (4) of section 7342(f) of title 5, United States Code, is amended to read as follows: “(4) (A) In transmitting such listings for an element of the intelligence community, the head of such element may delete the information described in subparagraph (A) or (C) of paragraph (2) or in subparagraph (A) or (C) of paragraph (3) if the head of such element certifies in writing to the Secretary of State that the publication of such information could adversely affect United States intelligence sources or methods. “(B) Any information not provided to the Secretary of State pursuant to the authority in subparagraph (A) shall be transmitted to the Director of National Intelligence who shall keep a record of such information. “(C) In this paragraph, the term ‘intelligence community’ has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).” .

18. 2011

    Pub. L. 111–350 § 5(a)(10) · 124 Stat. 3677

    Substituted · 5 U.S.C. § 7342(e)(1)

    Pub. L. 111–350 substituted “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” for “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)”

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 111–350 substituted “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” for “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)”.

    Enacted provision · exact public law section
    (10) In section 7342(e)(1), strike “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”.

28 of 28 references resolved to an enrolled provision