
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC7353]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
           Subpart F--Labor-Management and Employee Relations
 
             CHAPTER 73--SUITABILITY, SECURITY, AND CONDUCT
 
                        SUBCHAPTER V--MISCONDUCT
 
Sec. 7353. Gifts to Federal employees

    (a) Except as permitted by subsection (b), no Member of Congress or 
officer or employee of the executive, legislative, or judicial branch 
shall solicit or accept anything of value from a person--
        (1) seeking official action from, doing business with, or (in 
    the case of executive branch officers and employees) conducting 
    activities regulated by, the individual's employing entity; or
        (2) whose interests may be substantially affected by the 
    performance or nonperformance of the individual's official duties.

    (b)(1) Each supervising ethics office is authorized to issue rules 
or regulations implementing the provisions of this section and providing 
for such reasonable exceptions as may be appropriate.
    (2)(A) Subject to subparagraph (B), a Member, officer, or employee 
may accept a gift pursuant to rules or regulations established by such 
individual's supervising ethics office pursuant to paragraph (1).
    (B) No gift may be accepted pursuant to subparagraph (A) in return 
for being influenced in the performance of any official act.
    (3) Nothing in this section precludes a Member, officer, or employee 
from accepting gifts on behalf of the United States Government or any of 
its agencies in accordance with statutory authority.
    (c) A Member of Congress or an officer or employee who violates this 
section shall be subject to appropriate disciplinary and other remedial 
action in accordance with any applicable laws, Executive orders, and 
rules or regulations.
    (d) For purposes of this section--
        (1) the term ``supervising ethics office'' means--
            (A) the Committee on Standards of Official Conduct of the 
        House of Representatives or the House of Representatives as a 
        whole, for Members, officers, and employees of the House of 
        Representatives;
            (B) the Select Committee on Ethics of the Senate, or the 
        Senate as a whole, for Senators, officers, and employees of the 
        Senate;
            (C) the Judicial Conference of the United States for judges 
        and judicial branch officers and employees;
            (D) the Office of Government Ethics for all executive branch 
        officers and employees; and
            (E) in the case of legislative branch officers and employees 
        other than those specified in subparagraphs (A) and (B), the 
        committee referred to in either such subparagraph to which 
        reports filed by such officers and employees under title I of 
        the Ethics in Government Act of 1978 are transmitted under such 
        title, except that the authority of this section may be 
        delegated by such committee with respect to such officers and 
        employees; and

        (2) the term ``officer or employee'' means an individual holding 
    an appointive or elective position in the executive, legislative, or 
    judicial branch of Government, other than a Member of Congress.

(Added Pub. L. 101-194, title III, Sec. 303(a), Nov. 30, 1989, 103 Stat. 
1746; amended Pub. L. 101-280, Sec. 4(d), May 4, 1990, 104 Stat. 158.)

                       References in Text

    The Ethics in Government Act of 1978, referred to in subsec. 
(d)(1)(E), is Pub. L. 95-521, Oct. 26, 1978, 92 Stat. 1824, as amended. 
Title I of the Act, which was classified principally to chapter 18 
(Sec. 701 et seq.) of Title 2, The Congress, was amended generally by 
Pub. L. 101-194, title II, Sec. 202, Nov. 30, 1989, 103 Stat. 1724, and 
as so amended, is set out in the Appendix to this title. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 101 of Pub. L. 95-521 in the Appendix to this title and 
Tables.


                               Amendments

    1990--Subsec. (a). Pub. L. 101-280, Sec. 4(d)(1)(A), substituted 
``branch'' for ``branches'' in introductory provisions.
    Subsec. (a)(1). Pub. L. 101-280, Sec. 4(d)(1)(B), substituted ``by, 
the'' for ``by the'' and ``entity'' for ``agency''.
    Subsec. (c). Pub. L. 101-280, Sec. 4(d)(2), substituted ``A Member 
of Congress or an officer or employee'' for ``An employee''.
    Subsec. (d)(1)(B). Pub. L. 101-280, Sec. 4(d)(3)(A)(i), substituted 
``officers,'' for ``officers''.
    Subsec. (d)(1)(E). Pub. L. 101-280, Sec. 4(d)(3)(A)(ii), amended 
subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: 
``the ethics committee with which the officer or employee is required to 
file financial disclosure forms, for all legislative branch officers and 
employees other than those specified in subparagraphs (A) and (B), 
except that such authority may be delegated; and''.
    Subsec. (d)(2). Pub. L. 101-280, Sec. 4(d)(3)(B), substituted 
``Government,'' for ``Government''.

                  Section Referred to in Other Sections

    This section is referred to in section 7351 of this title.
