Pub. L. 101-194, tit. III, sec. 303
GIFTS TO FEDERAL EMPLOYEES.
SEC. 303. GIFTS TO FEDERAL EMPLOYEES. (a) In General.—Subchapter V of chapter 73 of title 5, United States Code, is amended by adding at the end thereof the following new section: “§ 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 branches 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 agency; or 103 STAT. 1747 “(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) An 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) 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 “(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. (b) Amendment to Table of Contents.—The table of contents for chapter 73 of title 5, United States Code, is amended by inserting after the item relating to section 7352 the following new item: “7353. Gifts to Federal employees.”.