5 U.S.C. § 7326 — Penalties

Page 896 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7325 costs associated with that political activity are not paid for by money derived from the Treas- ury of the United States. (2) Paragraph (1) applies to an employee— (A) the duties and responsibilities of whose position continue outside normal duty hours and while away from the normal duty post; and (B) who is— (i) an employee paid from an appropriation for the Executive Office of the President; or (ii) an employee appointed by the Presi- dent, by and with the advice and consent of the Senate, whose position is located within the United States, who determines policies to be pursued by the United States in rela- tions with foreign powers or in the nation- wide administration of Federal laws. (Added Pub. L. 103–94, § 2(a), Oct. 6, 1993, 107 Stat. 1003.) Editorial Notes PRIOR PROVISIONS A prior section 7324, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 525; Pub. L. 93–268, § 4(a), Apr. 17, 1974, 88 Stat. 87, prohibited Executive agency employees and employees of the District of Columbia from influencing elections or taking part in political campaigns, prior to the gen- eral revision of this subchapter by Pub. L. 103–94. § 7325. Political activity permitted; employees re- siding in certain municipalities The Office of Personnel Management may pre- scribe regulations permitting employees, with- out regard to the prohibitions in paragraphs (2) and (3) of section 7323(a) and paragraph (2) of section 7323(b) of this title, to take an active part in political management and political cam- paigns involving the municipality or other polit- ical subdivision in which they reside, to the ex- tent the Office considers it to be in their domes- tic interest, when— (1) the municipality or political subdivision is— (A) the District of Columbia; (B) in Maryland or Virginia and in the im- mediate vicinity of the District of Columbia; or (C) a municipality in which the majority of voters are employed by the Government of the United States; and (2) the Office determines that because of spe- cial or unusual circumstances which exist in the municipality or political subdivision it is in the domestic interest of the employees and individuals to permit that political participa- tion. (Added Pub. L. 103–94, § 2(a), Oct. 6, 1993, 107 Stat. 1004; amended Pub. L. 104–93, title III, § 308, Jan. 6, 1996, 109 Stat. 966; Pub. L. 112–230, § 3(f), Dec. 28, 2012, 126 Stat. 1617.) Editorial Notes PRIOR PROVISIONS A prior section 7325, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 526; Pub. L. 96–54, § 2(a)(44), Aug. 14, 1979, 93 Stat. 384, related to penalties, prior to the general revision of this subchapter by Pub. L. 103–94. AMENDMENTS 2012—Par. (1). Pub. L. 112–230 amended par. (1) gen- erally. Prior to amendment, par. (1) read as follows: ‘‘the municipality or political subdivision is in Mary- land or Virginia and in the immediate vicinity of the District of Columbia, or is a municipality in which the majority of voters are employed by the Government of the United States; and’’. 1996—Pub. L. 104–93 inserted ‘‘and paragraph (2) of section 7323(b)’’ after ‘‘section 7323(a)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–230 effective 30 days after Dec. 28, 2012, see section 5(a) of Pub. L. 112–230, set out as a note under section 1501 of this title. § 7326. Penalties An employee or individual who violates sec- tion 7323 or 7324 shall be subject to— (1) disciplinary action consisting of removal, reduction in grade, debarment from Federal employment for a period not to exceed 5 years, suspension, or reprimand; (2) an assessment of a civil penalty not to exceed $1,000; or (3) any combination of the penalties de- scribed in paragraph (1) or (2). (Added Pub. L. 112–230, § 4, Dec. 28, 2012, 126 Stat. 1617; amended Pub. L. 115–91, div. A, title X, § 1097(k)(1), Dec. 12, 2017, 131 Stat. 1626.) Editorial Notes PRIOR PROVISIONS A prior section 7326, added Pub. L. 103–94, § 2(a), Oct. 6, 1993, 107 Stat. 1004, related to penalties, prior to re- peal by Pub. L. 112–230, § 4, Dec. 28, 2012, 126 Stat. 1617. Another prior section 7326, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 526, authorized nonpartisan political ac- tivities, prior to the general revision of this subchapter by Pub. L. 103–94. A prior section 7327, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 526; Pub. L. 96–54, § 2(a)(14), (15), Aug. 14, 1979, 93 Stat. 382; Pub. L. 97–468, title VI, § 615(b)(1)(E), Jan. 14, 1983, 96 Stat. 2578, related to permitted political activ- ity in certain municipalities where employees reside, prior to the general revision of this subchapter by Pub. L. 103–94. A prior section 7328, added Pub. L. 96–191, § 8(e)(1), Feb. 15, 1980, 94 Stat. 33, exempted employees of the General Accounting Office from provisions of this sub- chapter, prior to the general revision of this subchapter by Pub. L. 103–94. AMENDMENTS 2017—Pub. L. 115–91 amended section generally. Prior to amendment, text read as follows: ‘‘An employee or individual who violates section 7323 or 7324 shall be sub- ject to removal, reduction in grade, debarment from Federal employment for a period not to exceed 5 years, suspension, reprimand, or an assessment of a civil pen- alty not to exceed $1,000.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT; APPLICABILITY Pub. L. 115–91, div. A, title X, § 1097(k)(2), Dec. 12, 2017, 131 Stat. 1626, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall apply to any violation of section 7323 or 7324 of title 5, United States Code, occurring after the date of enactment of this Act [Dec. 12, 2017].’’ Page 897 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7342 EFFECTIVE DATE; APPLICABILITY Section effective 30 days after Dec. 28, 2012, see sec- tion 5(a) of Pub. L. 112–230, set out as an Effective Date of 2012 Amendment note under section 1501 of this title. Pub. L. 112–230, § 5(b), Dec. 28, 2012, 126 Stat. 1617, pro- vided that: ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the amendment made by section 4 [enacting this sec- tion and repealing former section 7326 of this title] shall apply with respect to any violation occurring be- fore, on, or after the effective date of this Act [see above]. ‘‘(2) EXCEPTION.—The amendment made by section 4 shall not apply with respect to an alleged violation if, before the effective date of this Act— ‘‘(A) the Special Counsel has presented a complaint for disciplinary action, under section 1215 of title 5, United States Code, with respect to the alleged viola- tion; or ‘‘(B) the employee alleged to have committed the violation has entered into a signed settlement agree- ment with the Special Counsel with respect to the al- leged violation.’’ SUBCHAPTER IV—FOREIGN GIFTS AND DECORATIONS Editorial Notes AMENDMENTS 1967—Pub. L. 90–83, § 1(45)(A), Sept. 11, 1967, 81 Stat. 208, substituted ‘‘FOREIGN GIFTS AND DECORA- TIONS’’ for ‘‘FOREIGN DECORATIONS’’ in subchapter heading. [§ 7341. Repealed. Pub. L. 90–83, § 1(45)(B), Sept. 11, 1967, 81 Stat. 208] Section, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 526, re- lated to receipt and display of foreign decorations. See section 7342 of this title. § 7342. Receipt and disposition of foreign gifts and decorations (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 Post- al Regulatory Commission; (B) an expert or consultant who is under contract under section 3109 of this title with the United States or any agency, depart- ment, or establishment thereof, including, in the case of an organization performing serv- ices under such section, any individual in- volved in the performance of such services; (C) an individual employed by, or occu- pying an office or position in, the govern- ment of a territory or possession of the United States or the government of the Dis- trict of Columbia; (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 subparagraphs (A) through (F) (unless such individual and his or her spouse are sepa- rated) or a dependent (within the meaning of section 152 of the Internal Revenue Code of 1986) of such an individual, other than a spouse or dependent who is an employee under subparagraphs (A) through (F); (2) ‘‘foreign government’’ means— (A) any unit of foreign governmental au- thority, including any foreign national, State, local, and municipal government; (B) any international or multinational or- ganization whose membership is composed of any unit of foreign government 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 ten- dered by, or received from, a foreign govern- ment; (5) ‘‘minimal value’’ means a retail value in the United States at the time of acceptance of $100 or less, except that— (A) on January 1, 1981, and at 3 year inter- vals thereafter, ‘‘minimal value’’ shall be re- defined in regulations prescribed by the Ad- ministrator of General Services, in consulta- tion 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 employ- ees to be 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 Rep- resentatives, except that those responsibil- ities specified in subsections (c)(2)(A), (e)(1), and (g)(2)(B) shall be carried out by the Clerk of the House; (B) the Select Committee on Ethics of the Senate, for Senators and employees of the Senate, except that those responsibilities (other than responsibilities involving ap- proval of the employing agency) specified in subsections (c)(2), (d), and (g)(2)(B) shall be carried out by the Secretary of the Senate; (C) the Administrative Office of the United States Courts, for judges and judicial branch employees; and (D) the department, agency, office, or other entity in which an employee is em- ployed, for other legislative branch employ- ees and for all executive branch employees. (b) An employee may not— (1) request or otherwise encourage the ten- der 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 em- ployee 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 minimal value when such gift is in