
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC7351]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
           Subpart F--Labor-Management and Employee Relations
 
             CHAPTER 73--SUITABILITY, SECURITY, AND CONDUCT
 
                        SUBCHAPTER V--MISCONDUCT
 
Sec. 7351. Gifts to superiors

    (a) An employee may not--
        (1) solicit a contribution from another employee 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 action by the employing agency or entity.
    (c) Each supervising ethics office (as defined in section 
7353(d)(1)) is authorized to issue regulations implementing this 
section, including regulations exempting voluntary gifts or 
contributions that are given or received for special occasions such as 
marriage or retirement or under other circumstances in which gifts are 
traditionally given or exchanged.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 527; Pub. L. 101-194, title 
III, Sec. 301, Nov. 30, 1989, 103 Stat. 1745; Pub. L. 101-280, 
Sec. 4(a), May 4, 1990, 104 Stat. 157.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 113.                 R.S. Sec.  1784.
------------------------------------------------------------------------

    The application of the section is confined to employees, 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 sentence, the word 
``removed'' is substituted for ``summarily 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 amended, which 
are carried into this title.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.


                               Amendments

    1990--Subsec. (a)(2). Pub. L. 101-280, Sec. 4(a)(1), inserted ``or 
give a gift'' after ``donation as a gift''.
    Subsec. (c). Pub. L. 101-280, Sec. 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).


 Inapplicability to Transfers of Unused Accrued Annual Leave by Federal 
                          Employees; Exception

    Pub. L. 100-284, Apr. 7, 1988, 102 Stat. 81, provided: ``That, 
except as the Office of Personnel Management may by regulation 
prescribe, nothing in section 7351 of title 5, United States Code, shall 
apply with respect to a solicitation, donation, or acceptance of leave 
under any program under which, during the fiscal year ending on 
September 30, 1988, unused accrued annual leave of officers or employees 
of the Federal Government may be transferred for use by other officers 
or employees who need such leave due to a personal emergency.''

                  Section Referred to in Other Sections

    This section is referred to in sections 6340, 6367, 6391 of this 
title.
