Page:United States Statutes at Large Volume 91.djvu/899

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PUBLIC LAW 95-000—MMMM. DD, 1977

PUBLIC LAW 95-105—AUG. 17, 1977 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. "(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 he 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.

91 STAT. 865 40 USC 471 note.

List, transmittal to Secretary of State. Publication in Federal Register. Contents.

CIA list, deletions.

Regulations.

Civil actions. Jurisdiction.

Penalty.