
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC7342]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
           Subpart F--Labor-Management and Employee Relations
 
             CHAPTER 73--SUITABILITY, SECURITY, AND CONDUCT
 
              SUBCHAPTER IV--FOREIGN GIFTS AND DECORATIONS
 
Sec. 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
            (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 1986) of such an individual, 
        other than a spouse or dependent who is an employee under 
        subparagraphs (A) through (F);

        (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'' 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)(1), 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, 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;
            (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--
        (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)(1) 
or provide for its disposal in accordance with subsection (e)(2).
    (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, for forwarding to the Administrator of General Services 
for disposal in accordance with subsection (e)(1), or for disposal in 
accordance with subsection (e)(2).
    (e)(1) Except as provided in paragraph (2), gifts and decorations 
that have been deposited with an employing agency for disposal shall be 
(A) returned to the donor, or (B) 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, 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.
    (2) 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 1986 which is exempt from taxation under section 501(a) 
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.
    (f)(1) Not later than January 31 of each year, each employing 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 
Agency, the Director of 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 the 
publication of such information could adversely affect United States 
intelligence sources.
    (g)(1) Each employing agency shall prescribe such regulations as 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--
        (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 
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 
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 and 
Cultural Exchange Act of 1961 applies.

(Added Pub. L. 90-83, Sec. 1(45)(C), Sept. 11, 1967, 81 Stat. 208; 
amended Pub. L. 95-105, title V, Sec. 515(a)(1), Aug. 17, 1977, 91 Stat. 
862; Pub. L. 95-426, title VII, Sec. 712(a)-(c), Oct. 7, 1978, 92 Stat. 
994; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Source (Statutes at
 Section of title 5        Source (U.S.Code)               Large)
------------------------------------------------------------------------
7342(a)............  22:2621.                      Oct. 15, 1966, Pub.
                                                    L. 89-673, Sec.  2,
                                                    80 Stat. 952.
7342(b)............  22:2622.                      Oct. 15, 1966, Pub.
                                                    L. 89-673, Sec.  3,
                                                    80 Stat. 952.
7342(c)............  22:2623.                      Oct. 15, 1966, Pub.
                                                    L. 89-673, Sec.  4,
                                                    80 Stat. 952.
7342(d)............  22:2624.                      Oct. 15, 1966, Pub.
                                                    L. 89-673, Sec.  5,
                                                    80 Stat. 952.
7342(e)............  22:2626.                      Oct. 15, 1966, Pub.
                                                    L. 89-673, Sec.  7,
                                                    80 Stat. 952.
------------------------------------------------------------------------

    The definitions of ``employee'' and ``uniformed services'' in 5 
U.S.C. 2105 and 2101 are broad enough to cover the persons included in 
22 U.S.C. 2621(1) with the exception of (1) individuals employed by, or 
occupying an office or position in, the government of a territory or 
possession of the United States or of the District of Columbia, (2) the 
President, and (3) Members of Congress, who, accordingly, are covered in 
paragraphs (B), (D), and (E). As the Canal Zone Government is an 
independent agency of the United States, see section 31 of title 2, 
Canal Zone Code, an employee thereof is an ``employee'' as defined in 5 
U.S.C. 2105.
    In subsection (b), the words ``An employee may not'' are substituted 
for ``No person shall'' to conform to the definition applicable and 
style of title 5, United States Code.
    In subsection (c), the words ``under regulations prescribed under 
this section'' are substituted for ``in accordance with the rules and 
regulations issued pursuant to this Act''.
    In subsection (e), the words ``The President may prescribe 
regulations to carry out the purpose of this section'' are substituted 
for ``Rules and regulations to carry out the purposes of this Act may be 
prescribed by or under the authority of the President''. Under 3 U.S.C. 
301, the President may delegate the authority vested in him by this 
subsection.

                       References in Text

    Section 152 of the Internal Revenue Code of 1986, referred to in 
subsec. (a)(1)(G), is classified to section 152 of Title 26, Internal 
Revenue Code.
    The Federal Property and Administrative Services Act of 1949, as 
amended, referred to in subsec. (e)(1), is act June 30, 1949, ch. 288, 
63 Stat. 377, as amended. Provisions of that act relating to disposal of 
government property are classified to chapter 10 (Sec. 471 et seq.) of 
Title 40, Public Buildings, Property, and Works. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 471 of Title 40 and Tables.
    Section 501 of the Internal Revenue Code of 1986, referred to in 
subsec. (e)(2), is classified to section 501 of Title 26, Internal 
Revenue Code.
    Section 108A of the Mutual Educational and Cultural Exchange Act of 
1961, referred to in subsec. (k), is classified to section 2458a of 
Title 22, Foreign Relations and Intercourse.


                               Amendments

    1986--Subsecs. (a)(1)(G), (e)(2). Pub. L. 99-514 substituted 
``Internal Revenue Code of 1986'' for ``Internal Revenue Code of 1954''.
    1978--Subsec. (a)(6)(A). Pub. L. 95-426, Sec. 712(a)(1), substituted 
``(e)(1)'' for ``(e)''.
    Subsec. (a)(6)(B). Pub. L. 95-426, Sec. 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''.
    Subsec. (c)(2). Pub. L. 95-426, Sec. 712(b)(1), substituted 
``subsection (e)(1) or provide for its disposal in accordance with 
subsection (e)(2)'' for ``subsection (e)''.
    Subsec. (d). Pub. L. 95-426, Sec. 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)''.
    Subsec. (e). Pub. L. 95-426, Sec. 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).
    1977--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).
    Subsec. (b). Pub. L. 95-105 designated existing provisions as par. 
(1) and added par. (2).
    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).
    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.
    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.
    Subsecs. (f) to (k). Pub. L. 95-105 added subsecs. (f) to (k).


                    Effective Date of 1977 Amendment

    Section 515(a)(2) of Pub. L. 95-105 provided that: ``The amendment 
made by paragraph (1) of this subsection [amending this section] shall 
take effect on January 1, 1978.''

                          Transfer of Functions

    Certain functions of Clerk of House of Representatives transferred 
to Director of Non-legislative and Financial Services by section 7 of 
House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992. 
Director of Non-legislative and Financial Services replaced by Chief 
Administrative Officer of House of Representatives by House Resolution 
No. 6, One Hundred Fourth Congress, Jan. 4, 1995.


  Leasing of Space and Facilities for Storing and Safeguarding Property

    Section 712(d) of Pub. L. 95-426 provided that: ``In the event that 
the space and facilities available to the Secretary of the Senate for 
carrying out his responsibilities in storing and safeguarding property 
in his custody under section 7342 of title 5, United States Code, are 
insufficient for such purpose, he may, with the approval of the 
Committee on Rules and Administration of the Senate, lease such space 
and facilities as may be necessary for such purpose. Rental payments 
under any such lease and expenses incurred in connection therewith shall 
be paid from the contingent fund of the Senate upon vouchers approved by 
the Secretary of the Senate.''


                     Wearing of Certain Decorations

    Section 33A of act Aug. 10, 1956, ch. 1041, as added by Pub. L. 85-
861, Sept. 2, 1958, Sec. 33(e), 72 Stat. 1567, provided: ``A member or 
former member of an armed force of the United States holding any office 
of profit or trust under the United States may wear any decoration, 
order, medal, or emblem accepted (1) under the Act of July 20, 1942, 
chapter 508 (56 Stat. 662), or (2) before August 1, 1947, from the 
government of a cobelligerent or neutral nation or an American 
Republic.''

                        Executive Order No. 11320

    Ex. Ord. No. 11320, Dec. 12, 1966, 31 F.R. 15789, which delegated to 
the Secretary of State the authority of the President under 22 U.S.C. 
2626 to prescribe rules and regulations to carry out the Foreign Gifts 
and Decorations Act of 1966, was revoked by Ex. Ord. No. 12553, Feb. 25, 
1986, 51 F.R. 7237.

    Ex Ord. No. 11446. Acceptance of Service Medals and Ribbons From 
          Multilateral Organizations Other Than United Nations

    Ex. Ord. No. 11446, Jan. 16, 1969, 34 F.R. 803, provided:
    By virtue of the authority vested in me as President of the United 
States and as Commander in Chief of the Armed Forces of the United 
States, I hereby authorize the Secretary of Defense, with respect to 
members of the Army, Navy, Air Force, and Marine Corps, and the 
Secretary of Transportation, with respect to members of the Coast Guard 
when it is not operating as a service in the Navy, to prescribe 
regulations for the acceptance of medals and ribbons which are offered 
by multilateral organizations, other than the United Nations, to members 
of the Armed Forces of the United States in recognition of service 
conducted under the auspices of those organizations. A determination 
that service for a multilateral organization in a particular 
geographical area or for a particular purpose constitutes a justifiable 
basis for authorizing acceptance of the medal or ribbon offered to 
eligible members of the Armed Forces of the United States shall be made 
with the concurrence of the Secretary of State.
                                                      Lyndon B. Johnson.

                  Section Referred to in Other Sections

    This section is referred to in title 2 section 31-2; title 15 
section 278g; title 22 sections 2458a, 2694; title 31 section 1353.
