5 U.S.C. § 7351 — Gifts to superiors

Page 901 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7353 By virtue of the authority vested in me as President of the United States and as Commander in Chief of the Armed Forces of the United States, I hereby authorize the Secretary of Defense, with respect to members of the Army, Navy, Air Force, and Marine Corps, and the Secretary of Homeland Security, with respect to mem- bers of the Coast Guard when it is not operating as a service in the Navy, to prescribe regulations for the ac- ceptance of medals and ribbons which are offered by multilateral organizations, other than the United Na- tions, to members of the Armed Forces of the United States in recognition of service conducted under the auspices of those organizations. A determination that service for a multilateral organization in a particular geographical area or for a particular purpose con- stitutes a justifiable basis for authorizing acceptance of the medal or ribbon offered to eligible members of the Armed Forces of the United States shall be made with the concurrence of the Secretary of State. SUBCHAPTER V—MISCONDUCT § 7351. Gifts to superiors (a) An employee may not— (1) solicit a contribution from another em- ployee for a gift to an official superior; (2) make a donation as a gift or give a gift to an official superior; or (3) accept a gift from an employee receiving less pay than himself. (b) An employee who violates this section shall be subject to appropriate disciplinary ac- tion by the employing agency or entity. (c) Each supervising ethics office (as defined in section 7353(d)(1)) is authorized to issue regula- tions implementing this section, including regu- lations exempting voluntary gifts or contribu- tions that are given or received for special occa- sions such as marriage or retirement or under other circumstances in which gifts are tradi- tionally given or exchanged. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 527; Pub. L. 101–194, title III, § 301, Nov. 30, 1989, 103 Stat. 1745; Pub. L. 101–280, § 4(a), May 4, 1990, 104 Stat. 157.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 113. R.S. § 1784. The application of the section is confined to employ- ees, since the President and Members of Congress, though officers, could not have been intended to be ‘‘summarily discharged’’, and members of uniformed services are not covered by this statute. In the last sen- tence, the word ‘‘removed’’ is substituted for ‘‘sum- marily discharged’’ because of the provisions of the Lloyd-LaFollette Act, 37 Stat. 555, as amended, and the Veterans’ Preference Act of 1944, 58 Stat. 387, as amend- ed, which are carried into this title. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1990—Subsec. (a)(2). Pub. L. 101–280, § 4(a)(1), inserted ‘‘or give a gift’’ after ‘‘donation as a gift’’. Subsec. (c). Pub. L. 101–280, § 4(a)(2), substituted ‘‘Each supervising ethics office (as defined in section 7353(d)(1))’’ for ‘‘The Office of Government Ethics’’ and ‘‘circumstances in which gifts are traditionally given or exchanged’’ for ‘‘similar circumstances’’. 1989—Pub. L. 101–194 designated existing provisions as subsec. (a), struck out ‘‘An employee who violates this section shall be removed from the service.’’ at end, and added subsecs. (b) and (c). Statutory Notes and Related Subsidiaries INAPPLICABILITY TO TRANSFERS OF UNUSED ACCRUED ANNUAL LEAVE BY FEDERAL EMPLOYEES; EXCEPTION Pub. L. 100–284, Apr. 7, 1988, 102 Stat. 81, provided that section 7351 of this title would not apply to leave trans- fers under certain programs covering Federal employ- ees during fiscal year ending on Sept. 30, 1988, except as the Office of Personnel Management may by regulation prescribe. § 7352. Excessive and habitual use of intoxicants An individual who habitually uses intoxi- cating beverages to excess may not be employed in the competitive service. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 527.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 640. Jan. 16, 1883, ch. 27, § 8, 22 Stat. 406. The word ‘‘employed’’ is substituted for ‘‘appointed to, or retained in’’ because it includes both. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 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 branch shall solicit or accept anything of value from a person— (1) seeking official action from, doing busi- ness with, or (in the case of executive branch officers and employees) conducting activities regulated by, the individual’s employing enti- ty; or (2) whose interests may be substantially af- fected by the performance or nonperformance of the individual’s official duties. (b)(1) Each supervising ethics office is author- ized to issue rules or regulations implementing the provisions of this section and providing for such reasonable exceptions as may be appro- priate. (2)(A) Subject to subparagraph (B), a Member, officer, or employee may accept a gift pursuant to rules or regulations established by such indi- vidual’s supervising ethics office pursuant to paragraph (1). (B) No gift may be accepted pursuant to sub- paragraph (A) in return for being influenced in the performance of any official act. (3) Nothing in this section precludes a Mem- ber, officer, or employee from accepting gifts on behalf of the United States Government or any of its agencies in accordance with statutory au- thority. (4) Nothing in this section precludes an em- ployee of a private sector organization, while as- signed to an agency under chapter 37, from con- tinuing to receive pay and benefits from such or- ganization in accordance with such chapter.