FOREIGN GIFTS AND DECORATIONS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP05C01629R000701540015-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 22, 2016
• Document Release Date: August 18, 2011
• Sequence Number: 15
• Content Type: MISC

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Part 3.
eral government, and who, as a
tuber of Democratic Party, sought to
ively support Democratic candidates in
are District of Columbia elections, did
establish real and immediate threat
injury sufficient to confer standing in
ion challenging validity of Civil Eery.
Commission's [now Office of Person.
Management's] regulation exempting
tlclpation in political campaigns as or
behalf of independent candidate in
tlsan election for local office in Dis-
t from otherwise applicable prohibi-
as of section 7324 of this title. Joseph
U. S. Civil State Service Commission,
7, 554 F.2d 1140, 180 U.S.App.D.C. 281.
tlatrict of Columbia residents who
;e employed by federal government
I who sought to participate In cam.
gns of Democratic candidates for Dis-
t of Columbia city council had stand-
to bring action challenging validity
Civil Service Commission's [Office of
tsonnel Management's] regulation ex-
pting participation in political cam-
gns as or on behalf of independent
slidate in partisan election for local
ice In District from otherwise applica-
prohibitions of section 7324 of this ti-
in view of fact that such regulation
bodied both a decision to exempt par-
.ipation in campaigns of independent
i,lidates and a decision not to exempt
!tlclpation in partisan campaigns. Id.
weight and sufficiency of evidence
;vldence in action challenging validity
Civil Service Commission (now Office
Personnel Management] regulation ex-
pting participation In political cam-
gns as or on behalf of independent
ididates in partisan election for local
Ice in District of Columbia from other-
'e applicable prohibitions of section
4 of this title was insufficient to sus-
n finding that majority of voters in
strict of Columbia were United States
ternntent employees so as to authorize
mmission to exempt District of Colum-
, elections from prohibitions of section
4 of this title. Joseph v. U. S. Civil
-vice Commission, 1977, 554 F.2d 1140,
t U.S.App.D.C. 281.
Declaratory Judgment
ventral committee of political party for
tnty and for federal employees resid-
in county could maintain action for
9aratory judgment that Civil Service
tnmission [now Office of Personnel
nagement) regulation granting to fed-
d employees residing in county only
Cited exemption from prohibitions
ainst political activities by federal em-
,yees contained in former section 1181
this title (now section 7324 of this ti-
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Ch. 73 FOREIGN GIFTS AND DECORATIONS 5 ? 7342
tie], if, but only if, regulation contained Democratic State Central Committee for
employees
not C.M l 1966, 249 F.Supp. Md. v. Andolsek, D.
and in'rtseal r ederal
trary
justified by purposes of the Hatch Act.
SUBCHAPTER IV-FOREIGN GIFTS
AND DECORATIONS
Historical Note
1967 Amendment. Pub.L. 90-83, i for "Foreign Decorations" in the sub-
di
ng.
1(45)(A), Sept. 11, 1967, 81 Stat. 208, sub- chapter hea
stituted "Foreign Gifts and Decorations"
? 7341. Repealed. Pub.L. 90-83, ? 1(45) (B), Sept. 11,
1967, 81 Stat. 208
Historical Note
Section, Pub. L. 89-554, Sept. 0, 1906, 80 of foreign decorations, and is now cover-
stilt. 526, related to receipt and display ed by section 7342 of this title.
? 7342. Receipt and disposition of foreign gifts and decora-
tions
(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, departmept, 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 Col-
umbia;
(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 subpara-
graphs (A) through (F) (unless such individual and his or
her spouse are separated) or a dependent (within the
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5 ? 7342 EMPLOYEES Part 3
meaning of section 152 of the Internal Revenue Code of
1954) of such an individual, other than a spouse or depend-
ent who is an employee under subparagraphs (A) through
(F);
(2) "foreign government" mean's-
(A) any unit of foreign governmental agthority, includ-
ing any foreign national, State, local, and mupicipal gov-
ernment ;
(B) any international or multinational organization
whose membership is composed of any unit of foreign gov-
ernment 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 govern-
ment ;
at the time of acceptance,of $100 or less, except that-
(A) on January 1, 1981, and at 3 year intervals thereaf-
ter, "minimal value" shall be redefined in regulations pre-
sultation 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 ble 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 responsi-
bilities specified in subsections (c)(2)(A), (e)(1), and
(g)(2)(B) shall be carried out by the Cletk of the House;
(B) the Select Committee on Ethics of the Senate, for
Senators and employees of the Senate, except that those re-
sponsibilities (other than responsibilities involving approv-
al of the employing agency) specified in subsections
(c)(2), (d), and (g)(2)(B) shall be carried out by the Sec-
retary of the Senate;
(C) the Administrative Office of the United States
Courts, for judges and judicial branch employees; and
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of the Internal Revenue Code of
tal, other than a spouse or depend-
knder subparagraphs (A) through
teans-
n governmental authority, includ-
, State, local, and municipal gov-
or multinational organization
1posed of any unit of foreign gov-
,aragraph (A) ; and
sentative of any such unit or such
as such ;
or intangible present (other than a
eived from, a foreign government;
rder, device, medal, badge, insignia,
or received from, a foreign govern-
a retail value in the United States
0 or less, except that-
1, and at 3 year intervals thereaf-
I be redefined in regulations pre-
?ator of General Services, in con-
ary of State, to reflect changes in
for the immediately preceding 3-
r employing agency may define
rnployees to be less than the value
agraph; and
Standards of Official Conduct of
rives, for Members and employees
atives, except that those responsi-
sections' (c)(2)(A), (e)(1), and
rd out by the Clerk of the House;
tee on Ethics of the Senate, for
f the Senate, except that those re-
responsibilities involving approv-
gency) specified in subsections
) shall be carried out by the Sec-
e Office of the United States
icial branch employees; and
6
Ch. 73 FOREIGN GIFTS AND DECORATIONS 5 ? 7342
(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 min-
imal 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 subsec-
tion (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
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5 ? 7342 EMPLOYEES Part 3
paragraph (1) (B) (ii) unless such travel or travel expenses are ac-
cepted in accordance with specific instructions of his or her employ-
ing agency, the employee shall file a statement with his or her em-
ploying agency or its delegate containing the information prescribed
in subsection (f) for that gift. I
(d) The Congress consents to the accepting, retaining, and wear-
ing by an employee of a decoration tendered in recognition of active
field service in time of combat operations or awarded fdr other out-
standing or unusually meritorious performance, subject to the ap-
proval of the employing agency of such employee. Without this ap-
proval, 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 accept-
ance, 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 subsec-
tion (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 Admin-
istrator of General Services for transfer, donation, or other disposal
in accordance with the provisions of the Federal Property and Ad-
ministrative Services Act of 1949. However, no gift or decoration
that has been deposited for disposal may be sold without the ap-
proval 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 terminat-
ed, 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 Dis-
trict 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) 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 dis-
posal 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
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%S Part 3
el or travel expenses are ac-
,-uctions of his or her employ-
tatement with his or her em-
ig the information prescribed
cepting, retaining, and wear-
lered in recognition of active
ns or awarded for other out-
lormance, subject to the ap-
employee. Without this ap-
e been accepted on behalf of
operty of the United States,
within sixty days of accept-
ficial use, for forwarding to
for disposal in accordance
in accordance with subsec-
ph (2) gifts and decorations
Toying agency for disposal
B) forwarded to the Admin-
, donation, or other disposal
e Federal Property and Ad-
vever, no gift or decoration
,ay be sold without the ap-
determination that the sale
ations of the United States.
bated sale.
a Senator or an employee
he Secretary of the Senate
:ial use which has terminat-
,on on Arts and Antiquities
gift or decoration may be
r or may be transferred or
loch terms and conditions as
instrumentality of (i) the
t possession of the United
foregoing, or (iii) the Dis-
,ration described in section
* of 1954 which is exempt
ch Code. Any such gift or
in the preceding sentence
)f General Services for dis-
If the Administrator does
thin one year, he shall, at
to the Commission and the
decoration in such manner
gift or decoration may be
Ch. 73 FOREIGN GIFTS AND DECORATIONS 5 ? 7342
sold only with the approval of the Secretary of State upon a deter-
mination 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 state-
ments 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 jus-
tifying acceptance;
(C) the identity, if known, of the foreign government and the
name and position of the individual who presetAed 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 jus-
tifying 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 informa-
tion 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 Unit-
ed 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
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EMPLOYEES Part 3
(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 so-
licits or accepts a gift from a foreign government not consented to by
this section or who fails to deposit or report such gift as eequired 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 Diplo-
matic 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 oth-
er forms of assistance to which section 108A of the Mutual Educa-
tional and Cultural Exchange Act of 1961 applies.
Added Pub.L. 90-83, ? 1(45)(C), Sept. 11, 1967, 81 Stat. 208, and
amended Pub.L. 95-105, Title V, ? 515(a)(1), Aug. 17, 1977, 91 Stat.
862; Pub.L. 95-426, Title VII, ? 712(a)-(c), Oct. 7, 1978, 92 Stat.
994.
Source (Statutes at Large)
Oct. 15, 1968, Pub-L. 89-873, 2, 80
Stat. 952.
Oct. 15, 1966, Pub. L. 89-873, 3, 80
Stat. 952.
Oct. 15, 1968, Pub. L. 89-873, 4, 80
Stat. 952.
Oct. 15, 1968, Pub.L. 89-873, 5, 80
Stat. 952.
Oct. 15, 1988, Pub.L. 89-873, 6 7, 80
Stat. 952.
The definitions of "employee" and
"uniformed services" in 5 U.S.C. 2105 and
2101 are broad enought to cover the per-
sons 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 posses-
sion of the United States or of the 1)ls-
trict of Columbia, (2) the President, and
(3) Members of Congress, who, accord.
ingly, are covered in paragraphs (B),
(O), and (E). As the Canal Zone Gov.
ernment is an independent agency of the
United States, see section 31 of title 2,
Canal Zone Code, an employee thereof is
nn "employee" as defined In 5 U.S.C. 2105.
In subsection (I)), the words "An em-
ployee may not" are substituted for "No
person shall" to conform to the definition
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