---
kind: "section"
citation: "5 U.S.C. § 7353"
title: "5"
title_heading: "Government Organization and Employees"
number: "7353"
heading: "Gifts to Federal employees"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/7353"
units:
  - "Part III — Employees"
  - "Subpart F — Labor-Management and Employee Relations"
  - "Chapter 73 — Suitability, Security, and Conduct"
  - "Subchapter V — Misconduct"
---

# §7353. Gifts to Federal employees

- (a) Except as permitted by [subsection (b)](#b), no [Member](/usc/5/8401.md?p=20) of Congress or officer or [employee](/usc/5/4701.md?p=a-2) of the executive, legislative, or judicial branch shall solicit or accept anything of value from a [person](/usc/5/7103.md?p=a-1)—
  - (1) seeking official action from, doing business with, or (in the case of executive branch officers and [employees](/usc/5/4701.md?p=a-2)) 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](/usc/5/5402.md?p=3) 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)](#b-2-B), a [Member](/usc/5/8401.md?p=20), officer, or [employee](/usc/5/4701.md?p=a-2) may accept a gift pursuant to rules or regulations established by such individual’s supervising ethics [office](/usc/5/5402.md?p=3) pursuant to [paragraph (1)](#b-1).
    - (B) No gift may be accepted pursuant to [subparagraph (A)](#b-2-A) in return for being influenced in the performance of any official act.
  - (3) Nothing in this section precludes a [Member](/usc/5/8401.md?p=20), officer, or [employee](/usc/5/4701.md?p=a-2) from accepting gifts on behalf of the [United States](/usc/5/7103.md?p=a-18) [Government](/usc/5/4101.md?p=3) or any of its [agencies](/usc/5/3132.md?p=a-1) in accordance with statutory [authority](/usc/5/7103.md?p=a-6).
  - (4) Nothing in this section precludes an [employee](/usc/5/4701.md?p=a-2) of a private sector organization, while assigned to an [agency](/usc/5/3132.md?p=a-1) under [chapter 37](/usc/5/chptIII/sptB/ch37.md), from continuing to receive [pay](/usc/5/7511.md?p=a-4) and benefits from such organization in accordance with such chapter.
- (c) A [Member](/usc/5/8401.md?p=20) of Congress or an officer or [employee](/usc/5/4701.md?p=a-2) 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](/usc/5/5402.md?p=3)” means—
    - (A) the Committee on Standards of Official Conduct of the House of Representatives or the House of Representatives as a whole, for [Members](/usc/5/8401.md?p=20), officers, and [employees](/usc/5/4701.md?p=a-2) 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](/usc/5/4701.md?p=a-2) of the Senate;
    - (C) the Judicial Conference of the [United States](/usc/5/7103.md?p=a-18) for judges and judicial branch officers and [employees](/usc/5/4701.md?p=a-2);
    - (D) the [Office](/usc/5/5402.md?p=3) of [Government](/usc/5/4101.md?p=3) Ethics for all executive branch officers and [employees](/usc/5/4701.md?p=a-2); and
    - (E) in the case of legislative branch officers and [employees](/usc/5/4701.md?p=a-2) other than those specified in subparagraphs [(A)](#d-1-A) and [(B)](#d-1-B), the committee referred to in either such subparagraph to which reports filed by such officers and [employees](/usc/5/4701.md?p=a-2) under subchapter I of [chapter 131](/usc/5/chptIV/ch131.md) of this title are transmitted under such subchapter, except that the [authority](/usc/5/7103.md?p=a-6) of this section may be delegated by such committee with respect to such officers and [employees](/usc/5/4701.md?p=a-2); and
  - (2) the term “officer or [employee](/usc/5/4701.md?p=a-2)” means an individual holding an appointive or elective [position](/usc/5/5102.md?p=a-3) in the executive, legislative, or judicial branch of [Government](/usc/5/4101.md?p=3), other than a [Member](/usc/5/8401.md?p=20) of Congress.

## Source credit

(Added Pub. L. 101–194, title III, § 303(a), Nov. 30, 1989, 103 Stat. 1746; amended Pub. L. 101–280, § 4(d), May 4, 1990, 104 Stat. 158; Pub. L. 107–347, title II, § 209(g)(1)(C), Dec. 17, 2002, 116 Stat. 2932; Pub. L. 117–286, § 4(c)(9), Dec. 27, 2022, 136 Stat. 4354.)

## Notes

### Editorial Notes

### Amendments

2022—Subsec. (d)(1)(E). Pub. L. 117–286 substituted “subchapter I of chapter 131 of this title are transmitted under such subchapter,” for “title I of the Ethics in Government Act of 1978 are transmitted under such title,”.

2002—Subsec. (b)(4). Pub. L. 107–347 added par. (4).

1990—Subsec. (a). Pub. L. 101–280, § 4(d)(1)(A), substituted “branch” for “branches” in introductory provisions.

Subsec. (a)(1). Pub. L. 101–280, § 4(d)(1)(B), substituted “by, the” for “by the” and “entity” for “agency”.

Subsec. (c). Pub. L. 101–280, § 4(d)(2), substituted “A Member of Congress or an officer or employee” for “An employee”.

Subsec. (d)(1)(B). Pub. L. 101–280, § 4(d)(3)(A)(i), substituted “officers,” for “officers”.

Subsec. (d)(1)(E). Pub. L. 101–280, § 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, § 4(d)(3)(B), substituted “Government,” for “Government”.

### Statutory Notes and Related Subsidiaries

### Change of Name

Committee on Standards of Official Conduct of House of Representatives changed to Committee on Ethics of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.

### Effective Date of 2002 Amendment

Amendment by Pub. L. 107–347 effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107–347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents.

### Limitation on Acceptance of Honorary Club Memberships

Pub. L. 110–402, § 2, Oct. 13, 2008, 122 Stat. 4255, as amended by Pub. L. 117–286, § 4(c)(10), Dec. 27, 2022, 136 Stat. 4354, provided that: Definitions.—In this section: Gift.—The term ‘gift’ has the meaning given under section 13101(5) of title 5, United States Code. Judicial officer.—The term ‘judicial officer’ has the meaning given under section 13101(10) of title 5, United States Code. Prohibition on Acceptance of Honorary Club Memberships.—A judicial officer may not accept a gift of an honorary club membership with a value of more than $50 in any calendar year.”