5 U.S.C. § 7351

Gifts to superiors

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(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, § 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 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.

Editorial NotesAmendments

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 SubsidiariesInapplicability 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 transfers under certain programs covering Federal employees during fiscal year ending on Sept. 30, 1988, except as the Office of Personnel Management may by regulation prescribe.

Notes of Decisions
Cited in 4 cases, 1987–2008 · leading case: United States v. Lecco, 495 F. Supp. 2d 581 (S.D.W. Va 2007).
United States v. Lecco, 495 F. Supp. 2d 581 (S.D.W. Va 2007). “”); 5 U.S.C. § 7351 (b) (“Each supervising ethics office .”
Horner v. Merit Sys. Prot. Bd., 815 F.2d 668 (Fed. Cir. 1987). “00 from lower paid employees in violation of 5 U.S.C. § 7351 (3) (1982). The OSC alleges in Count II that Williams accepted a gift of a weekend trip to Las Vegas in violation of 5 C.”
Off. of Gov't Ethics Jurisdiction Over the Smithsonian Inst. (OLC 2008). “” 5 U.S.C. §§ 7351 (c), 7353(b), (d) (2000 & Supp.”
Application of Conflict of Interest Rules to Appointees Who Have Not Begun Serv. (OLC 2002). “The rules about gifts to superiors, for example, derive in part from 5 U.S.C. § 7351 (2000), which bars “[a]n employee” from receiving or making certain gifts.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.