Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
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type: "LegalText"
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title: "5 U.S.C. § 7302"
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description: "Post-employment notification"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 5
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title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
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chapter_number: "73"
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chapter_name: "SUITABILITY, SECURITY, AND CONDUCT"
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section: "7302"
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citation: "5 U.S.C. § 7302"
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status: "current"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 5 U.S.C. § 7302 - Post-employment notification
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## Text
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(a) Not later than the effective date of the amendments made by section 1106 of the National Defense Authorization Act for Fiscal Year 2004,11 See References in Text note below. or 180 days after the date of the enactment of that Act, whichever is later, the Office of Personnel Management shall, in consultation with the Attorney General and the Office of Government Ethics, promulgate regulations requiring that each Executive branch agency notify any employee of that agency who is subject to the provisions of section 207(c)(1) of title 18, as a result of the amendment to section 207(c)(2)(A)(ii) of that title by that Act.
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(b) The regulations shall require that notice be given before, or as part of, the action that affects the employee’s coverage under section 207(c)(1) of title 18, by virtue of the provisions of section 207(c)(2)(A)(ii) of that title, and again when employment or service in the covered position is terminated.
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(Added Pub. L. 108–136, div. A, title XI, § 1125(b)(2), Nov. 24, 2003, 117 Stat. 1639.)
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## Notes
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Editorial Notes
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References in TextThe effective date of the amendments made by section 1106 of the National Defense Authorization Act for Fiscal Year 2004, referred to in subsec. (a), probably means the effective date of the amendments made by section 1125 of the National Defense Authorization Act for Fiscal Year 2004, Pub. L. 108–136, which enacted this section. Pub. L. 108–136 does not contain a section 1106, and the provisions appearing in section 1106 of H.R. 1588, the National Defense Authorization Act for Fiscal Year 2004, as passed by the House of Representatives on May 22, 2003, were contained in section 1125 of Pub. L. 108–136. For effective date of amendments made by section 1125 of Pub. L. 108–136, see section 1125(c) of Pub. L. 108–136, set out as an Effective Date of 2003 Amendment note under section 5304 of this title. The date of the enactment of that Act, referred to in subsec. (a), is the date of enactment of the National Defense Authorization Act for Fiscal Year 2004, Pub. L. 108–136, which was approved Nov. 24, 2003.
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Statutory Notes and Related Subsidiaries
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Effective DateSection effective on first day of first pay period beginning on or after Jan. 1, 2004, see section 1125(c)(1) of Pub. L. 108–136, set out as an Effective Date of 2003 Amendment note under section 5304 of this title.
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---
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type: "LegalText"
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title: "5 U.S.C. § 7311"
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description: "Loyalty and striking"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 5
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title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
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chapter_number: "73"
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chapter_name: "SUITABILITY, SECURITY, AND CONDUCT"
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section: "7311"
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citation: "5 U.S.C. § 7311"
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status: "current"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 5 U.S.C. § 7311 - Loyalty and striking
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## Text
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An individual may not accept or hold a position in the Government of the United States or the government of the District of Columbia if he—
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(1) advocates the overthrow of our constitutional form of government;
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(2) is a member of an organization that he knows advocates the overthrow of our constitutional form of government;
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(3) participates in a strike, or asserts the right to strike, against the Government of the United States or the government of the District of Columbia; or
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(4) is a member of an organization of employees of the Government of the United States or of individuals employed by the government of the District of Columbia that he knows asserts the right to strike against the Government of the United States or the government of the District of Columbia.
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(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 524.)
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## Notes
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Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 118p.Aug. 9, 1955, ch. 690, § 1, 69 Stat. 624. [Uncodified].June 29, 1956, ch. 479, § 3, (as applicable to the Act of Aug. 9, 1955, ch. 690, § 1, 69 Stat. 624), 70 Stat. 453. The word “position” is coextensive with and is substituted for “office or employment”. In paragraphs (1) and (2), the words “in the United States” in former section 118p(1), (2) are omitted as unnecessary in view of the reference to “our constitutional form of government”. In paragraphs (3) and (4), the reference to the “government of the District of Columbia” is added on authority of the Act of June 29, 1956, in order to make these paragraphs meaningful with respect to individuals employed by the government of the District of Columbia. The words “From and after July 1, 1956”, appearing in the Act of June 29, 1956, are omitted as executed. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
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Executive Documents
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Executive Order No. 10450 Ex. Ord. No. 10450, Apr. 27, 1953, 18 F.R. 2489, as amended by Ex. Ord. No. 10491, Oct. 15, 1953, 18 F.R. 6583; Ex. Ord. No. 10531, May 27, 1954, 19 F.R. 3069; Ex. Ord. No. 10548, Aug. 3, 1954, 19 F.R. 4871; Ex. Ord. No. 10550, Aug. 6, 1954, 19 F.R. 4981; Ex. Ord. No. 11605, July 2, 1971, 36 F.R. 12831; Ex. Ord. No. 11785, June 4, 1974, 39 F.R. 20053; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, which related to security requirements for Government employees, was revoked by Ex. Ord. No. 13467, § 3(a), as added by Ex. Ord. No. 13764, § 3(v), Jan. 17, 2017, 82 F.R. 8128, which is set out in a note under section 3161 of Title 50, War and National Defense, and which contains additional construction provisions related to the revocation.
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Executive Order No. 11605 Ex. Ord. No. 11605. July 2, 1971, 36 F.R. 12831, which amended Ex. Ord. No. 10450, Apr. 27, 1953, 18 F.R. 2489, which related to security requirements for government employees, was revoked by Ex. Ord. No. 11785, June 4, 1974, 39 F.R. 20053, set out below.
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Ex. Ord. No. 11785. Security Requirements for Governmental Employees Ex. Ord. No. 11785, June 4, 1974, 39 F.R. 20053, provided: By virtue of the authority vested in me by the Constitution and statutes of the United States, including 5 U.S.C. 1101 et seq., 3301, 3571, 7301, 7313, 7501(c), 7512, 7532, and 7533; and as President of the United States, and finding such action necessary in the best interests of national security, it is hereby ordered as follows: Section 1. Section 12 of Executive Order No. 10450 of April 27, 1953, as amended [set out as a note under this section], is revised to read in its entirety as follows: “Sec. 12. Executive Order No. 9835 of March 21, 1947, as amended, is hereby revoked.” Sec. 2. Neither the Attorney General, nor the Subversive Activities Control Board, nor any other agency shall designate organizations pursuant to section 12 of Executive Order No. 10450, as amended, nor circulate nor publish a list of organizations previously so designated. The list of organizations previously designated is hereby abolished and shall not be used for any purpose. Sec. 3. Subparagraph (5) of paragraph (a) of section 8 of Executive Order No. 10450, as amended, is revised to read as follows: “Knowing membership with the specific intent of furthering the aims of, or adherence to and active participation in, any foreign or domestic organization, association, movement, group, or combination of persons (hereinafter referred to as organizations) which unlawfully advocates or practices the commission of acts of force or violence to prevent others from exercising their rights under the Constitution or laws of the United States or of any State, or which seeks to overthrow the Government of the United States or any State or subdivision thereof by unlawful means.” Sec. 4. Executive Order No. 11605 of July 2, 1971, is revoked. Richard Nixon.
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---
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type: "LegalText"
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title: "5 U.S.C. § 7312"
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description: "Employment and clearance; individuals removed for national security"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 5
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title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
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chapter_number: "73"
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chapter_name: "SUITABILITY, SECURITY, AND CONDUCT"
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section: "7312"
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citation: "5 U.S.C. § 7312"
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status: "current"
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source: "official"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 5 U.S.C. § 7312 - Employment and clearance; individuals removed for national security
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## Text
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Removal under section 7532 of this title does not affect the right of an individual so removed to seek or accept employment in an agency of the United States other than the agency from which removed. However, the appointment of an individual so removed may be made only after the head of the agency concerned has consulted with the Office of Personnel Management. The Office, on written request of the head of the agency or the individual so removed, may determine whether the individual is eligible for employment in an agency other than the agency from which removed.
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(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 524; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)
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## Notes
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Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 22–1 (4th and 5th provisos).Aug. 26, 1950, ch. 803, § 1 (4th and 5th provisos), 64 Stat. 477. The words “Removal under section 7532 of this title” and “so removed” are coextensive with and substituted for “termination of employment herein provided” and “whose employment has been terminated under the provisions of said sections”, respectively. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
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Editorial Notes
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Amendments1978—Pub. L. 95–454 substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively.
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Statutory Notes and Related Subsidiaries
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Effective Date of 1978 AmendmentAmendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
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---
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||||
type: "LegalText"
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||||
title: "5 U.S.C. § 7313"
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description: "Riots and civil disorders"
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jurisdiction: "us"
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||||
corpus: "united_states_code"
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||||
kind: "code_section"
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title_number: 5
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title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
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chapter_number: "73"
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chapter_name: "SUITABILITY, SECURITY, AND CONDUCT"
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section: "7313"
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citation: "5 U.S.C. § 7313"
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status: "current"
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||||
release_point: "119-100"
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release_date: "2026-06-26"
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source: "official"
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
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source_identifier: "/us/usc/t5/s7313"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 5 U.S.C. § 7313 - Riots and civil disorders
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## Text
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(a) An individual convicted by any Federal, State, or local court of competent jurisdiction of—
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(1) inciting a riot or civil disorder;
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(2) organizing, promoting, encouraging, or participating in a riot or civil disorder;
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(3) aiding or abetting any person in committing any offense specified in clause (1) or (2); or
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(4) any offense determined by the head of the employing agency to have been committed in furtherance of, or while participating in, a riot or civil disorder;
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shall, if the offense for which he is convicted is a felony, be ineligible to accept or hold any position in the Government of the United States or in the government of the District of Columbia for the five years immediately following the date upon which his conviction becomes final. Any such individual holding a position in the Government of the United States or the government of the District of Columbia on the date his conviction becomes final shall be removed from such position.
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(b) For the purposes of this section, “felony” means any offense for which imprisonment is authorized for a term exceeding one year.
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(Added Pub. L. 90–351, title V, § 1001(a), June 19, 1968, 82 Stat. 235.)
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## Notes
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Statutory Notes and Related Subsidiaries
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Effective DatePub. L. 90–351, title V, § 1002, June 19, 1968, 82 Stat. 235, provided that: “The provisions of section 1001(a) of this title [enacting this section] shall apply only with respect to acts referred to in section 7313(a)(1)–(4) of title 5, United States Code, as added by section 1001 of this title, which are committed after the date of enactment of this title [June 19, 1968].”
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Receipt of Benefits Under Laws Providing Relief for Disaster VictimsPub. L. 90–448, title XI, § 1106(e), Aug. 1, 1968, 82 Stat. 567, provided that: “No person who has been convicted of committing a felony during and in connection with a riot or civil disorder shall be permitted, for a period of one year after the date of his conviction, to receive any benefit under any law of the United States providing relief for disaster victims.”
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---
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||||
type: "LegalText"
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title: "5 U.S.C. § 7321"
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description: "Political participation"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 5
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title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
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chapter_number: "73"
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chapter_name: "SUITABILITY, SECURITY, AND CONDUCT"
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section: "7321"
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citation: "5 U.S.C. § 7321"
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||||
status: "current"
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||||
release_point: "119-100"
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source_identifier: "/us/usc/t5/s7321"
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source_file: "data/legal/raw/us/code/title-05/usc05.xml"
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retrieved_at: "2026-07-04"
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confidence: "official"
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||||
tags: ["legal", "us-code"]
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||||
---
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# 5 U.S.C. § 7321 - Political participation
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## Text
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It is the policy of the Congress that employees should be encouraged to exercise fully, freely, and without fear of penalty or reprisal, and to the extent not expressly prohibited by law, their right to participate or to refrain from participating in the political processes of the Nation.
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(Added Pub. L. 103–94, § 2(a), Oct. 6, 1993, 107 Stat. 1001.)
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## Notes
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Editorial Notes
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Prior ProvisionsA prior section 7321, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 525, related to political contributions and services of employees in Executive agencies or competitive service, prior to the general revision of this subchapter by Pub. L. 103–94.
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Statutory Notes and Related Subsidiaries
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Effective Date; Savings ProvisionPub. L. 103–94, § 12, Oct. 6, 1993, 107 Stat. 1011, provided that: “(a) The amendments made by this Act [enacting sections 5520a and 7321 to 7326 of this title and section 610 of Title 18, Crimes and Criminal Procedure, amending sections 1216, 2302, 3302 and 3303 of this title, sections 602 and 603 of Title 18, section 410 of Title 39, Postal Service, and sections 1973d and 9904 of Title 42, The Public Health and Welfare, and omitting former sections 7321 to 7328 of this title] shall take effect 120 days after the date of the enactment of this Act [Oct. 6, 1993], except that the authority to prescribe regulations granted under section 7325 of title 5, United States Code (as added by section 2 of this Act), shall take effect on the date of the enactment of this Act. “(b) Any repeal or amendment made by this Act of any provision of law shall not release or extinguish any penalty, forfeiture, or liability incurred under that provision, and that provision shall be treated as remaining in force for the purpose of sustaining any proper proceeding or action for the enforcement of that penalty, forfeiture, or liability. “(c) No provision of this Act shall affect any proceedings with respect to which the charges were filed on or before the effective date of the amendments made by this Act. Orders shall be issued in such proceedings and appeals shall be taken therefrom as if this Act had not been enacted.”
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Executive Documents
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Delegation of Authority Memorandum of President of the United States, Oct. 27, 1994, 59 F.R. 54515, provided: Memorandum for the Secretary of Defense Pursuant to authority vested in me as the Chief Executive Officer of the United States, and consistent with the provisions of the Hatch Act Reform Amendment regulations, 5 CFR 734.104, and section 301 of title 3, United States Code, I delegate to you the authority to limit the political activities of political appointees of the Department of Defense, including Presidential appointees, Presidential appointees with Senate confirmation, noncareer SES appointees, and Schedule C appointees. You are authorized and directed to publish this memorandum in the Federal Register. William J. Clinton. Memorandum of President of the United States, Oct. 24, 1994, 59 F.R. 54121, provided: Memorandum for the Secretary of State Pursuant to authority vested in me as the Chief Executive Officer of the United States, and consistent with the provisions of the Hatch Act Reform Amendment regulations, 5 CFR 734.104, and section 301 of title 3, United States Code, I delegate to you the authority to limit the political activities of political appointees of the Department of State, including Presidential appointees, Presidential appointees with Senate confirmation, noncareer SES appointees, and Schedule C appointees. You are authorized and directed to publish this memorandum in the Federal Register. William J. Clinton. Memorandum of President of the United States, Sept. 30, 1994, 59 F.R. 50809, provided: Memorandum for the Attorney General Pursuant to authority vested in me as the Chief Executive Officer of the United States, and consistent with the provisions of the Hatch Act Reform Amendment regulations, 5 CFR 734.104, and section 301 of title 3, United States Code, I delegate to you the authority to limit the political activities of political appointees of the Department of Justice, including Presidential appointees, Presidential appointees with Senate confirmation, noncareer SES appointees, and Schedule C appointees. You are authorized and directed to publish this memorandum in the Federal Register. William J. Clinton.
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---
|
||||
type: "LegalText"
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||||
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|
||||
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|
||||
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|
||||
citation: "5 U.S.C. § 7322"
|
||||
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|
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 7322 - Definitions
|
||||
|
||||
## Text
|
||||
|
||||
For the purpose of this subchapter—
|
||||
|
||||
(1) “employee” means any individual, other than the President and the Vice President, employed or holding office in—
|
||||
|
||||
(A) an Executive agency other than the Government Accountability Office; or
|
||||
|
||||
(B) a position within the competitive service which is not in an Executive agency;
|
||||
|
||||
but does not include a member of the uniformed services or an individual employed or holding office in the government of the District of Columbia;
|
||||
|
||||
(2) “partisan political office” means any office for which any candidate is nominated or elected as representing a party any of whose candidates for Presidential elector received votes in the last preceding election at which Presidential electors were selected, but shall exclude any office or position within a political party or affiliated organization; and
|
||||
|
||||
(3) “political contribution”—
|
||||
|
||||
(A) means any gift, subscription, loan, advance, or deposit of money or anything of value, made for any political purpose;
|
||||
|
||||
(B) includes any contract, promise, or agreement, express or implied, whether or not legally enforceable, to make a contribution for any political purpose;
|
||||
|
||||
(C) includes any payment by any person, other than a candidate or a political party or affiliated organization, of compensation for the personal services of another person which are rendered to any candidate or political party or affiliated organization without charge for any political purpose; and
|
||||
|
||||
(D) includes the provision of personal services for any political purpose.
|
||||
|
||||
(Added Pub. L. 103–94, § 2(a), Oct. 6, 1993, 107 Stat. 1001; amended Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 112–230, § 3(e), Dec. 28, 2012, 126 Stat. 1617.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 7322, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 525, prohibited employees in Executive agencies or competitive service from using official authority or influence to coerce political actions of persons or bodies, prior to the general revision of this subchapter by Pub. L. 103–94.
|
||||
|
||||
Amendments2012—Par. (1). Pub. L. 112–230, § 3(e)(4), substituted “services or an individual employed or holding office in the government of the District of Columbia;” for “services;” in concluding provisions. Pub. L. 112–230, § 3(e)(1)–(3), inserted “or” at end of subpar. (A), struck out “or” at end of subpar. (B), and struck out subpar. (C) which read as follows: “the government of the District of Columbia, other than the Mayor or a member of the City Council or the Recorder of Deeds;”. 2004—Par. (1)(A). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2012 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,117 @@
|
||||
---
|
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|
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|
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|
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|
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---
|
||||
|
||||
# 5 U.S.C. § 7323 - Political activity authorized; prohibitions
|
||||
|
||||
## Text
|
||||
|
||||
(a) Subject to the provisions of subsection (b), an employee may take an active part in political management or in political campaigns, except an employee may not—
|
||||
|
||||
(1) use his official authority or influence for the purpose of interfering with or affecting the result of an election;
|
||||
|
||||
(2) knowingly solicit, accept, or receive a political contribution from any person, unless such person is—
|
||||
|
||||
(A) a member of the same Federal labor organization as defined under section 7103(4) of this title or a Federal employee organization which as of the date of enactment of the Hatch Act Reform Amendments of 1993 had a multicandidate political committee (as defined under section 315(a)(4) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(4))); 11 See References in Text note below.
|
||||
|
||||
(B) not a subordinate employee; and
|
||||
|
||||
(C) the solicitation is for a contribution to the multicandidate political committee (as defined under section 315(a)(4) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(4))) 1 of such Federal labor organization as defined under section 7103(4) of this title or a Federal employee organization which as of the date of the enactment of the Hatch Act Reform Amendments of 1993 had a multicandidate political committee (as defined under section 315(a)(4) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(4))); 1 or
|
||||
|
||||
(3) run for the nomination or as a candidate for election to a partisan political office; or
|
||||
|
||||
(4) knowingly solicit or discourage the participation in any political activity of any person who—
|
||||
|
||||
(A) has an application for any compensation, grant, contract, ruling, license, permit, or certificate pending before the employing office of such employee; or
|
||||
|
||||
(B) is the subject of or a participant in an ongoing audit, investigation, or enforcement action being carried out by the employing office of such employee.
|
||||
|
||||
(b) (1) An employee of the Federal Election Commission (except one appointed by the President, by and with the advice and consent of the Senate), may not request or receive from, or give to, an employee, a Member of Congress, or an officer of a uniformed service a political contribution.
|
||||
|
||||
(2) (A) No employee described under subparagraph (B) (except one appointed by the President, by and with the advice and consent of the Senate), may take an active part in political management or political campaigns.
|
||||
|
||||
(B) The provisions of subparagraph (A) shall apply to—
|
||||
|
||||
(i) an employee of—
|
||||
|
||||
(I) the Federal Election Commission or the Election Assistance Commission;
|
||||
|
||||
(II) the Federal Bureau of Investigation;
|
||||
|
||||
(III) the Secret Service;
|
||||
|
||||
(IV) the Central Intelligence Agency;
|
||||
|
||||
(V) the National Security Council;
|
||||
|
||||
(VI) the National Security Agency;
|
||||
|
||||
(VII) the Defense Intelligence Agency;
|
||||
|
||||
(VIII) the Merit Systems Protection Board;
|
||||
|
||||
(IX) the Office of Special Counsel;
|
||||
|
||||
(X) the Office of Criminal Investigation of the Internal Revenue Service;
|
||||
|
||||
(XI) the Office of Investigative Programs of the United States Customs Service;
|
||||
|
||||
(XII) the Office of Law Enforcement of the Bureau of Alcohol, Tobacco, and Firearms;
|
||||
|
||||
(XIII) the National Geospatial-Intelligence Agency; or
|
||||
|
||||
(XIV) the Office of the Director of National Intelligence; or
|
||||
|
||||
(ii) a person employed in a position described under section 3132(a)(4), 5372, 5372a, or 5372b of title 5, United States Code.
|
||||
|
||||
(3) No employee of the Criminal Division or National Security Division of the Department of Justice (except one appointed by the President, by and with the advice and consent of the Senate), may take an active part in political management or political campaigns.
|
||||
|
||||
(4) For purposes of this subsection, the term “active part in political management or in a political campaign” means those acts of political management or political campaigning which were prohibited for employees of the competitive service before July 19, 1940, by determinations of the Civil Service Commission under the rules prescribed by the President.
|
||||
|
||||
(c) An employee retains the right to vote as he chooses and to express his opinion on political subjects and candidates.
|
||||
|
||||
(Added Pub. L. 103–94, § 2(a), Oct. 6, 1993, 107 Stat. 1002; amended Pub. L. 103–359, title V, § 501(k), Oct. 14, 1994, 108 Stat. 3430; Pub. L. 104–201, div. A, title XI, § 1122(a)(1), Sept. 23, 1996, 110 Stat. 2687; Pub. L. 106–554, § 1(a)(3) [title VI, § 645(a)(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A–170; Pub. L. 107–252, title VIII, § 811(a), Oct. 29, 2002, 116 Stat. 1727; Pub. L. 108–458, title I, § 1079(a), Dec. 17, 2004, 118 Stat. 3695; Pub. L. 109–177, title V, § 506(b)(2), Mar. 9, 2006, 120 Stat. 249; Pub. L. 110–417, [div. A], title IX, § 931(a)(1), Oct. 14, 2008, 122 Stat. 4575.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe date of enactment of the Hatch Act Reform Amendments of 1993, referred to in subsec. (a)(2)(A), (C), is the date of enactment of Pub. L. 103–94, which was approved Oct. 6, 1993. The Federal Election Campaign Act of 1971, referred to in subsec. (a)(2)(A), (C), is Pub. L. 92–225, Feb. 7, 1972, 86 Stat. 3, which was formerly classified principally to chapter 14 (§ 431 et seq.) of Title 2, The Congress, prior to editorial reclassification and renumbering in Title 52, Voting and Elections, and is now classified principally to chapter 301 (§ 30101 et seq.) of Title 52. Section 315 of this Act is now classified to section 30116 of Title 52. For complete classification of this Act to the Code, see Tables.
|
||||
|
||||
Prior ProvisionsA prior section 7323, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 525, prohibited employee in Executive agency from requesting, receiving from, or giving to, an employee, a Member of Congress, or an officer of a uniformed service, a thing of value for political purposes and provided for removal from service of employee for violation, prior to the general revision of this subchapter by Pub. L. 103–94.
|
||||
|
||||
Amendments2008—Subsec. (b)(2)(B)(i)(XIII). Pub. L. 110–417 substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency”. 2006—Subsec. (b)(3). Pub. L. 109–177 inserted “or National Security Division” after “Criminal Division”. 2004—Subsec. (b)(2)(B)(i)(XIV). Pub. L. 108–458 added subcl. (XIV). 2002—Subsec. (b)(2)(B)(i)(I). Pub. L. 107–252 inserted “or the Election Assistance Commission” after “Commission”. 2000—Subsec. (b)(2)(B)(ii). Pub. L. 106–554 substituted “5372a, or 5372b” for “or 5372a”. 1996—Subsec. (b)(2)(B)(i)(XIII). Pub. L. 104–201 substituted “National Imagery and Mapping Agency” for “Central Imagery Office”. 1994—Subsec. (b)(2)(B)(i)(XIII). Pub. L. 103–359 added subcl. (XIII).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2004 AmendmentFor Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of Title 50, War and National Defense. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out as an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of Title 50, War and National Defense.
|
||||
|
||||
Effective Date of 2002 AmendmentAmendment by Pub. L. 107–252 effective upon appointment of all members of the Election Assistance Commission under section 20923 of Title 52, Voting and Elections, see section 21134(a) of Title 52.
|
||||
|
||||
Effective Date of 1996 AmendmentAmendment by Pub. L. 104–201 effective Oct. 1, 1996, see section 1124 of Pub. L. 104–201, set out as a note under section 193 of Title 10, Armed Forces.
|
||||
|
||||
Transfer of Functions For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. For transfer of authorities, functions, personnel, and assets of the Bureau of Alcohol, Tobacco and Firearms, including the related functions of the Secretary of the Treasury, to the Department of Justice, see section 531(c) of Title 6, Domestic Security and section 599A(c)(1) of Title 28, Judiciary and Judicial Procedure.
|
||||
@@ -0,0 +1,61 @@
|
||||
---
|
||||
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|
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 7324 - Political activities on duty; prohibition
|
||||
|
||||
## Text
|
||||
|
||||
(a) An employee may not engage in political activity—
|
||||
|
||||
(1) while the employee is on duty;
|
||||
|
||||
(2) in any room or building occupied in the discharge of official duties by an individual employed or holding office in the Government of the United States or any agency or instrumentality thereof;
|
||||
|
||||
(3) while wearing a uniform or official insignia identifying the office or position of the employee; or
|
||||
|
||||
(4) using any vehicle owned or leased by the Government of the United States or any agency or instrumentality thereof.
|
||||
|
||||
(b) (1) An employee described in paragraph (2) of this subsection may engage in political activity otherwise prohibited by subsection (a) if the costs associated with that political activity are not paid for by money derived from the Treasury 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 President, 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 relations with foreign powers or in the nationwide administration of Federal laws.
|
||||
|
||||
(Added Pub. L. 103–94, § 2(a), Oct. 6, 1993, 107 Stat. 1003.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA 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 general revision of this subchapter by Pub. L. 103–94.
|
||||
@@ -0,0 +1,57 @@
|
||||
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|
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
section: "7325"
|
||||
citation: "5 U.S.C. § 7325"
|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 7325 - Political activity permitted; employees residing in certain municipalities
|
||||
|
||||
## Text
|
||||
|
||||
The Office of Personnel Management may prescribe regulations permitting employees, without 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 campaigns involving the municipality or other political subdivision in which they reside, to the extent the Office considers it to be in their domestic interest, when—
|
||||
|
||||
(1) the municipality or political subdivision is—
|
||||
|
||||
(A) the District of Columbia;
|
||||
|
||||
(B) in Maryland or Virginia and in the immediate 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 special 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 participation.
|
||||
|
||||
(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.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA 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.
|
||||
|
||||
Amendments2012—Par. (1). Pub. L. 112–230 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “the municipality or political subdivision is in Maryland 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 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,55 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 7326"
|
||||
description: "Penalties"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "73"
|
||||
chapter_name: "SUITABILITY, SECURITY, AND CONDUCT"
|
||||
section: "7326"
|
||||
citation: "5 U.S.C. § 7326"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s7326"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "5f5648c5e55ed07c1454b42cb97e1f129e67f3e8ae7201cc614120feb1d8a1ca"
|
||||
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|
||||
text_hash: "7c7361ed8c49468894479e1406818ad259a4f8aeb9311a704d6748eb25c8dfad"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 7326 - Penalties
|
||||
|
||||
## Text
|
||||
|
||||
An employee or individual who violates section 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 described 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.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 7326, added Pub. L. 103–94, § 2(a), Oct. 6, 1993, 107 Stat. 1004, related to penalties, prior to repeal 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 activities, 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 activity 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 subchapter, prior to the general revision of this subchapter by Pub. L. 103–94.
|
||||
|
||||
Amendments2017—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 subject 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 penalty not to exceed $1,000.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2017 Amendment; ApplicabilityPub. 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].”
|
||||
|
||||
Effective Date; ApplicabilitySection effective 30 days after Dec. 28, 2012, see section 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, provided that: “(1) In general.—Except as provided in paragraph (2), the amendment made by section 4 [enacting this section and repealing former section 7326 of this title] shall apply with respect to any violation occurring before, 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 violation; or “(B) the employee alleged to have committed the violation has entered into a signed settlement agreement with the Special Counsel with respect to the alleged violation.”
|
||||
@@ -0,0 +1,33 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 7341"
|
||||
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|
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|
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|
||||
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|
||||
chapter_name: "SUITABILITY, SECURITY, AND CONDUCT"
|
||||
section: "7341"
|
||||
citation: "5 U.S.C. § 7341"
|
||||
status: "current"
|
||||
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|
||||
release_date: "2026-06-26"
|
||||
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confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 7341 - Repealed. Pub. L. 90–83, § 1(45)(B), Sept. 11, 1967, 81 Stat. 208]
|
||||
|
||||
## Notes
|
||||
|
||||
Section, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 526, related to receipt and display of foreign decorations. See section 7342 of this title.
|
||||
@@ -0,0 +1,189 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 7342"
|
||||
description: "Receipt and disposition of foreign gifts and decorations"
|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 7342 - Receipt and disposition of foreign gifts and decorations
|
||||
|
||||
## Text
|
||||
|
||||
(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 Postal Regulatory Commission;
|
||||
|
||||
(B) an expert or consultant who is under contract under section 3109 of this title with the United States or any agency, department, or establishment thereof, including, in the case of an organization performing services under such section, any individual involved in the performance of such services;
|
||||
|
||||
(C) an individual employed by, or occupying an office or position in, the government of a territory or possession of the United States or the government of the District 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 separated) 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 authority, including any foreign national, State, local, and municipal government;
|
||||
|
||||
(B) any international or multinational organization 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 tendered by, or received from, a foreign government;
|
||||
|
||||
(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 intervals thereafter, “minimal value” shall be redefined in regulations prescribed by the Administrator of General Services, in consultation 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 employees 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 Representatives, except that those responsibilities 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 approval 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 employed, for other legislative branch employees and for all executive branch employees.
|
||||
|
||||
(b) An employee may not—
|
||||
|
||||
(1) request or otherwise encourage the tender 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 employee 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 the nature of an educational scholarship or medical treatment or when it appears that to refuse the gift would likely cause offense or embarrassment or otherwise adversely affect the foreign relations of the United States, except that—
|
||||
|
||||
(i) a tangible gift of more than minimal value is deemed to have been accepted on behalf of the United States and, upon acceptance, shall become the property of the United States; and
|
||||
|
||||
(ii) an employee may accept gifts of travel or expenses for travel taking place entirely outside the United States (such as transportation, food, and lodging) of more than minimal value if such acceptance is appropriate, consistent with the interests of the United States, and permitted by the employing agency and any regulations which may be prescribed by the employing agency.
|
||||
|
||||
(2) Within 60 days after accepting a tangible gift of more than minimal value (other than a gift described in paragraph (1)(B)(ii)), an employee shall—
|
||||
|
||||
(A) deposit the gift for disposal with his or her employing agency; or
|
||||
|
||||
(B) subject to the approval of the employing agency, deposit the gift with that agency for official use.
|
||||
|
||||
Within 30 days after terminating the official use of a gift under subparagraph (B), the employing agency shall forward the gift to the Administrator of General Services in accordance with subsection (e)(1) or provide for its disposal in accordance with subsection (e)(2).
|
||||
|
||||
(3) When an employee deposits a gift of more than minimal value for disposal or for official use pursuant to paragraph (2), or within 30 days after accepting travel or travel expenses as provided in paragraph (1)(B)(ii) unless such travel or travel expenses are accepted in accordance with specific instructions of his or her employing agency, the employee shall file a statement with his or her employing agency or its delegate containing the information prescribed in subsection (f) for that gift.
|
||||
|
||||
(d) The Congress consents to the accepting, retaining, and wearing by an employee of a decoration tendered in recognition of active field service in time of combat operations or awarded for other outstanding or unusually meritorious performance, subject to the approval of the employing agency of such employee. Without this approval, the decoration is deemed to have been accepted on behalf of the United States, shall become the property of the United States, and shall be deposited by the employee, within sixty days of acceptance, with the employing agency for official use, for forwarding to the Administrator of General Services for disposal in accordance with subsection (e)(1), or for disposal in accordance with subsection (e)(2).
|
||||
|
||||
(e) (1) Except as provided in paragraph (2), gifts and decorations that have been deposited with an employing agency for disposal shall be (A) returned to the donor, or (B) forwarded to the Administrator of General Services for transfer, donation, or other disposal in accordance with the provisions of subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41. 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.
|
||||
|
||||
(2) Gifts and decorations received by a Senator or an employee of the Senate that are deposited with the Secretary of the Senate for disposal, or are deposited for an official use which has terminated, shall be disposed of by the Commission on Arts and Antiquities of the United States Senate. Any such gift or decoration may be returned by the Commission to the donor or may be transferred or donated by the Commission, subject to such terms and conditions as it may prescribe, (A) to an agency or instrumentality of (i) the United States, (ii) a State, territory, or possession of the United States, or a political subdivision of the foregoing, or (iii) the District of Columbia, or (B) to an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 which is exempt from taxation under section 501(a) of such Code. Any such gift or decoration not disposed of as provided in the preceding sentence shall be forwarded to the Administrator of General Services for disposal in accordance with paragraph (1). If the Administrator does not dispose of such gift or decoration within one year, he shall, at the request of the Commission, return it to the Commission and the Commission may dispose of such gift or decoration in such manner as it considers proper, except that such gift or decoration may be sold only with the approval of the Secretary of State upon a determination that the sale will not adversely affect the foreign relations of the United States.
|
||||
|
||||
(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) (A) In transmitting such listings for an element of the intelligence community, the head of such element may delete the information described in subparagraph (A) or (C) of paragraph (2) or in subparagraph (A) or (C) of paragraph (3) if the head of such element certifies in writing to the Secretary of State that the publication of such information could adversely affect United States intelligence sources or methods.
|
||||
|
||||
(B) Any information not provided to the Secretary of State pursuant to the authority in subparagraph (A) shall be transmitted to the Director of National Intelligence who shall keep a record of such information.
|
||||
|
||||
(C) In this paragraph, the term “intelligence community” has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).11 See References in Text note below.
|
||||
|
||||
(g) (1) Each employing agency shall prescribe such regulations as may be 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.
|
||||
|
||||
(i) The President shall direct all Chiefs of a United States Diplomatic Mission to inform their host governments that it is a general policy of the United States Government to prohibit United States Government employees from receiving gifts or decorations of more than minimal value.
|
||||
|
||||
(j) Nothing in this section shall be construed to derogate any regulation prescribed by any employing agency which provides for more stringent limitations on the receipt of gifts and decorations by its employees.
|
||||
|
||||
(k) The provisions of this section do not apply to grants and other forms of assistance to which section 108A of the Mutual Educational and Cultural Exchange Act of 1961 applies.
|
||||
|
||||
(Added Pub. L. 90–83, § 1(45)(C), Sept. 11, 1967, 81 Stat. 208; amended Pub. L. 95–105, title V, § 515(a)(1), Aug. 17, 1977, 91 Stat. 862; Pub. L. 95–426, title VII, § 712(a)–(c), Oct. 7, 1978, 92 Stat. 994; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 107–217, § 3(a)(1), Aug. 21, 2002, 116 Stat. 1295; Pub. L. 108–458, title I, § 1079(b), Dec. 17, 2004, 118 Stat. 3696; Pub. L. 109–435, title VI, § 604(b), Dec. 20, 2006, 120 Stat. 3241; Pub. L. 111–259, title III, § 361, Oct. 7, 2010, 124 Stat. 2701; Pub. L. 111–350, § 5(a)(10), Jan. 4, 2011, 124 Stat. 3841.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Section of title 5Source (U.S. Code)Source (Statutes at Large) 7342(a)22:2621.Oct. 15, 1966, Pub. L. 89–673, § 2, 80 Stat. 952. 7342(b)22:2622.Oct. 15, 1966, Pub. L. 89–673, § 3, 80 Stat. 952. 7342(c)22:2623.Oct. 15, 1966, Pub. L. 89–673, § 4, 80 Stat. 952. 7342(d)22:2624.Oct. 15, 1966, Pub. L. 89–673, § 5, 80 Stat. 952. 7342(e)22:2626.Oct. 15, 1966, Pub. L. 89–673, § 7, 80 Stat. 952. The definitions of “employee” and “uniformed services” in 5 U.S.C. 2105 and 2101 are broad enough to cover the persons included in 22 U.S.C. 2621(1) with the exception of (1) individuals employed by, or occupying an office or position in, the government of a territory or possession of the United States or of the District of Columbia, (2) the President, and (3) Members of Congress, who, accordingly, are covered in paragraphs (B), (D), and (E). As the Canal Zone Government is an independent agency of the United States, see section 31 of title 2, Canal Zone Code, an employee thereof is an “employee” as defined in 5 U.S.C. 2105. In subsection (b), the words “An employee may not” are substituted for “No person shall” to conform to the definition applicable and style of title 5, United States Code. In subsection (c), the words “under regulations prescribed under this section” are substituted for “in accordance with the rules and regulations issued pursuant to this Act”. In subsection (e), the words “The President may prescribe regulations to carry out the purpose of this section” are substituted for “Rules and regulations to carry out the purposes of this Act may be prescribed by or under the authority of the President”. Under 3 U.S.C. 301, the President may delegate the authority vested in him by this subsection.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 152 of the Internal Revenue Code of 1986, referred to in subsec. (a)(1)(G), is classified to section 152 of Title 26, Internal Revenue Code. Section 501 of the Internal Revenue Code of 1986, referred to in subsec. (e)(2), is classified to section 501 of Title 26, Internal Revenue Code. The National Security Act of 1947, referred to in subsec. (f)(4)(C), is act July 26, 1947, ch. 343, 61 Stat. 495, which was formerly classified principally to chapter 15 (§ 401 et seq.) of Title 50, War and National Defense, prior to editorial reclassification in chapter 44 (§ 3001 et seq.) of Title 50. Section 3 of the Act is now classified to section 3003 of Title 50. For complete classification of this Act to the Code, see Tables. Section 108A of the Mutual Educational and Cultural Exchange Act of 1961, referred to in subsec. (k), is classified to section 2458a of Title 22, Foreign Relations and Intercourse.
|
||||
|
||||
Amendments2011—Subsec. (e)(1). Pub. L. 111–350 substituted “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” for “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)”. 2010—Subsec. (f)(4). Pub. L. 111–259 amended par. (4) generally. Prior to amendment, par. (4) read as follows: “(A) In transmitting such listings for the Central Intelligence Agency, the Director of the Central Intelligence Agency 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. “(B) In transmitting such listings for the Office of the Director of National Intelligence, the Director of National 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.” 2006—Subsec. (a)(1)(A). Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”. 2004—Subsec. (f)(4). Pub. L. 108–458 designated existing provisions as subpar. (A), substituted “the Director of the Central Intelligence Agency” for “the Director of Central Intelligence”, and added subpar. (B). 2002—Subsec. (e)(1). Pub. L. 107–217 substituted “provisions of subtitle I of title 40 and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” for “provisions of the Federal Property and Administrative Services Act of 1949”. 1986—Subsecs. (a)(1)(G), (e)(2). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”. 1978—Subsec. (a)(6)(A). Pub. L. 95–426, § 712(a)(1), substituted “(e)(1)” for “(e)”. Subsec. (a)(6)(B). Pub. L. 95–426, § 712(a)(2), inserted “, except that those responsibilities (other than responsibilities involving approval of the employing agency) specified in subsection (c)(2), (d), and (g)(2)(B) shall be carried out by the Secretary of the Senate”. Subsec. (c)(2). Pub. L. 95–426, § 712(b)(1), substituted “subsection (e)(1) or provide for its disposal in accordance with subsection (e)(2)” for “subsection (e)”. Subsec. (d). Pub. L. 95–426, § 712(b)(2), substituted “official use, for forwarding”, for “official use, or forwarding”, and “subsection (e)(1), or for disposal in accordance with subsection (e)(2)” for “subsection (e)”. Subsec. (e). Pub. L. 95–426, § 712(c), designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), gifts” for “Gifts”, “(A)” and “(B)” for “(1)” and “(2)”, respectively, and added par. (2). 1977—Subsec. (a). Pub. L. 95–105 in par. (1) inserted provisions expanding definition of “employee” to include an officer or employee of the United States Postal Service or Postal Rate Commission, certain experts and consultants, the Vice President, and any Delegate to Congress, in par. (2) incorporated existing provisions into subpars. (A) and (C) and added subpar. (B), in par. (3) substituted reference to tangible or intangible present for reference to present, in par. (4) inserted reference to award, and added pars. (5) and (6). Subsec. (b). Pub. L. 95–105 designated existing provisions as par. (1) and added par. (2). Subsec. (c). Pub. L. 95–105 incorporated existing provisions of pars. (1) and (2) into par. (1), inserted provisions giving congressional consent to acceptance of a gift in the nature of an educational scholarship, medical treatment, or travel or travel expenses, and added pars. (2) and (3). Subsec. (d). Pub. L. 95–105 struck out provisions requiring the Secretary of State to concur with the approval of the employing agency and substituted provisions requiring the employee to deposit property within 60 days of acceptance with the employing agency for official use or forwarding to the Administrator of General Services for disposal for provisions requiring the employee to deposit the decoration for use and disposal as the property of the United States under regulations prescribed under this section. Subsec. (e). Pub. L. 95–105 substituted provisions relating to the disposal of decorations for provisions authorizing the President to prescribe regulations to carry out the purposes of this section. Subsecs. (f) to (k). Pub. L. 95–105 added subsecs. (f) to (k).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Change of Name Committee on Standards of Official Conduct of House of Representatives changed to Committee on Ethics of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
|
||||
|
||||
Effective Date of 2004 AmendmentFor Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of Title 50, War and National Defense. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out as an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of Title 50, War and National Defense.
|
||||
|
||||
Effective Date of 1977 AmendmentPub. L. 95–105, title V, § 515(a)(2), Aug. 17, 1977, 91 Stat. 866, provided that: “The amendment made by paragraph (1) of this subsection [amending this section] shall take effect on January 1, 1978.”
|
||||
|
||||
Transfer of Functions Certain functions of Clerk of House of Representatives transferred to Director of Non-legislative and Financial Services by section 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992. Director of Non-legislative and Financial Services replaced by Chief Administrative Officer of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
|
||||
|
||||
Leasing of Space and Facilities for Storing and Safeguarding PropertyPub. L. 95–426, title VII, § 712(d), Oct. 7, 1978, 92 Stat. 995, provided that: “In the event that the space and facilities available to the Secretary of the Senate for carrying out his responsibilities in storing and safeguarding property in his custody under section 7342 of title 5, United States Code, are insufficient for such purpose, he may, with the approval of the Committee on Rules and Administration of the Senate, lease such space and facilities as may be necessary for such purpose. Rental payments under any such lease and expenses incurred in connection therewith shall be paid from the contingent fund of the Senate upon vouchers approved by the Secretary of the Senate.”
|
||||
|
||||
Wearing of Certain DecorationsAct Aug. 10, 1956, ch. 1041, § 33A, 70 Stat. 1126, as added by Pub. L. 85–861, Sept. 2, 1958, § 33(e), 72 Stat. 1567, provided: “A member or former member of an armed force of the United States holding any office of profit or trust under the United States may wear any decoration, order, medal, or emblem accepted (1) under the Act of July 20, 1942, chapter 508 (56 Stat. 662), or (2) before August 1, 1947, from the government of a cobelligerent or neutral nation or an American Republic.”
|
||||
|
||||
Executive Documents
|
||||
|
||||
Executive Order No. 11320 Ex. Ord. No. 11320, Dec. 12, 1966, 31 F.R. 15789, which delegated to the Secretary of State the authority of the President under 22 U.S.C. 2626 to prescribe rules and regulations to carry out the Foreign Gifts and Decorations Act of 1966, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
|
||||
|
||||
Ex Ord. No. 11446. Acceptance of Service Medals and Ribbons From Multilateral Organizations Other Than United Nations Ex. Ord. No. 11446, Jan. 16, 1969, 34 F.R. 803, as amended by Ex. Ord. No. 13286, § 62, Feb. 28, 2003, 68 F.R. 10629, provided: 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 members of the Coast Guard when it is not operating as a service in the Navy, to prescribe regulations for the acceptance of medals and ribbons which are offered by multilateral organizations, other than the United Nations, 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 constitutes 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.
|
||||
@@ -0,0 +1,57 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 7351"
|
||||
description: "Gifts to superiors"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
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|
||||
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|
||||
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|
||||
chapter_name: "SUITABILITY, SECURITY, AND CONDUCT"
|
||||
section: "7351"
|
||||
citation: "5 U.S.C. § 7351"
|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 7351 - Gifts to superiors
|
||||
|
||||
## Text
|
||||
|
||||
(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.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes 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 Notes
|
||||
|
||||
Amendments1990—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; ExceptionPub. 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.
|
||||
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|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 7352 - Excessive and habitual use of intoxicants
|
||||
|
||||
## Text
|
||||
|
||||
An individual who habitually uses intoxicating beverages to excess may not be employed in the competitive service.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 527.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes 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 definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
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|
||||
---
|
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type: "LegalText"
|
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title: "5 U.S.C. § 7353"
|
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|
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|
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
section: "7353"
|
||||
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|
||||
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|
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|
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|
||||
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|
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confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 7353 - Gifts to Federal employees
|
||||
|
||||
## Text
|
||||
|
||||
(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 business with, or (in the case of executive branch officers and employees) conducting activities regulated by, the individual’s employing entity; or
|
||||
|
||||
(2) whose interests may be substantially affected by the performance or nonperformance of the individual’s official duties.
|
||||
|
||||
(b) (1) Each supervising ethics office is authorized to issue rules or regulations implementing the provisions of this section and providing for such reasonable exceptions as may be appropriate.
|
||||
|
||||
(2) (A) Subject to subparagraph (B), a Member, officer, or employee may accept a gift pursuant to rules or regulations established by such individual’s supervising ethics office pursuant to paragraph (1).
|
||||
|
||||
(B) No gift may be accepted pursuant to subparagraph (A) in return for being influenced in the performance of any official act.
|
||||
|
||||
(3) Nothing in this section precludes a Member, officer, or employee from accepting gifts on behalf of the United States Government or any of its agencies in accordance with statutory authority.
|
||||
|
||||
(4) Nothing in this section precludes an employee of a private sector organization, while assigned to an agency under chapter 37, from continuing to receive pay and benefits from such organization in accordance with such chapter.
|
||||
|
||||
(c) A Member of Congress or an officer or employee who violates this section shall be subject to appropriate disciplinary and other remedial action in accordance with any applicable laws, Executive orders, and rules or regulations.
|
||||
|
||||
(d) For purposes of this section—
|
||||
|
||||
(1) the term “supervising ethics office” means—
|
||||
|
||||
(A) the Committee on Standards of Official Conduct of the House of Representatives or the House of Representatives as a whole, for Members, officers, and employees of the House of Representatives;
|
||||
|
||||
(B) the Select Committee on Ethics of the Senate, or the Senate as a whole, for Senators, officers, and employees of the Senate;
|
||||
|
||||
(C) the Judicial Conference of the United States for judges and judicial branch officers and employees;
|
||||
|
||||
(D) the Office of Government Ethics for all executive branch officers and employees; and
|
||||
|
||||
(E) in the case of legislative branch officers and employees other than those specified in subparagraphs (A) and (B), the committee referred to in either such subparagraph to which reports filed by such officers and employees under subchapter I of chapter 131 of this title are transmitted under such subchapter, except that the authority of this section may be delegated by such committee with respect to such officers and employees; and
|
||||
|
||||
(2) the term “officer or employee” means an individual holding an appointive or elective position in the executive, legislative, or judicial branch of Government, other than a Member of Congress.
|
||||
|
||||
(Added Pub. L. 101–194, title III, § 303(a), Nov. 30, 1989, 103 Stat. 1746; amended Pub. L. 101–280, § 4(d), May 4, 1990, 104 Stat. 158; Pub. L. 107–347, title II, § 209(g)(1)(C), Dec. 17, 2002, 116 Stat. 2932; Pub. L. 117–286, § 4(c)(9), Dec. 27, 2022, 136 Stat. 4354.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2022—Subsec. (d)(1)(E). Pub. L. 117–286 substituted “subchapter I of chapter 131 of this title are transmitted under such subchapter,” for “title I of the Ethics in Government Act of 1978 are transmitted under such title,”. 2002—Subsec. (b)(4). Pub. L. 107–347 added par. (4). 1990—Subsec. (a). Pub. L. 101–280, § 4(d)(1)(A), substituted “branch” for “branches” in introductory provisions. Subsec. (a)(1). Pub. L. 101–280, § 4(d)(1)(B), substituted “by, the” for “by the” and “entity” for “agency”. Subsec. (c). Pub. L. 101–280, § 4(d)(2), substituted “A Member of Congress or an officer or employee” for “An employee”. Subsec. (d)(1)(B). Pub. L. 101–280, § 4(d)(3)(A)(i), substituted “officers,” for “officers”. Subsec. (d)(1)(E). Pub. L. 101–280, § 4(d)(3)(A)(ii), amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: “the ethics committee with which the officer or employee is required to file financial disclosure forms, for all legislative branch officers and employees other than those specified in subparagraphs (A) and (B), except that such authority may be delegated; and”. Subsec. (d)(2). Pub. L. 101–280, § 4(d)(3)(B), substituted “Government,” for “Government”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Change of Name Committee on Standards of Official Conduct of House of Representatives changed to Committee on Ethics of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
|
||||
|
||||
Effective Date of 2002 AmendmentAmendment by Pub. L. 107–347 effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107–347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents.
|
||||
|
||||
Limitation on Acceptance of Honorary Club MembershipsPub. L. 110–402, § 2, Oct. 13, 2008, 122 Stat. 4255, as amended by Pub. L. 117–286, § 4(c)(10), Dec. 27, 2022, 136 Stat. 4354, provided that: “(a) Definitions.—In this section:“(1) Gift.—The term ‘gift’ has the meaning given under section 13101(5) of title 5, United States Code. “(2) Judicial officer.—The term ‘judicial officer’ has the meaning given under section 13101(10) of title 5, United States Code. “(b) Prohibition on Acceptance of Honorary Club Memberships.—A judicial officer may not accept a gift of an honorary club membership with a value of more than $50 in any calendar year.”
|
||||
@@ -0,0 +1,51 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 7361 - Drug abuse
|
||||
|
||||
## Text
|
||||
|
||||
(a) The Office of Personnel Management shall be responsible for developing, in cooperation with the President, with the Secretary of Health and Human Services (acting through the National Institute on Drug Abuse), and with other agencies, and in accordance with applicable provisions of this subchapter, appropriate prevention, treatment, and rehabilitation programs and services for drug abuse among employees. Such agencies are encouraged to extend, to the extent feasible, such programs and services to the families of employees and to employees who have family members who are drug abusers. Such programs and services shall make optimal use of existing governmental facilities, services, and skills.
|
||||
|
||||
(b) Section 527 11 See References in Text note below. of the Public Health Service Act (42 U.S.C. 290ee–3), relating to confidentiality of records, and any regulations prescribed thereunder, shall apply with respect to records maintained for the purpose of carrying out this section.
|
||||
|
||||
(c) Each agency shall, with respect to any programs or services provided by such agency, submit such written reports as the Office may require in connection with any report required under section 7363 of this title.
|
||||
|
||||
(d) For the purpose of this section, the term “agency” means an Executive agency.
|
||||
|
||||
(Added Pub. L. 99–570, title VI, § 6002(a)(1), Oct. 27, 1986, 100 Stat. 3207–157.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 527 of the Public Health Service Act, referred to in subsec. (b) and formerly classified to section 290ee–3 of Title 42, The Public Health and Welfare, was renumbered section 548 of that Act by Pub. L. 100–77, title VI, § 611(2), July 22, 1987, 101 Stat. 516 and then omitted in the general revision of Part D of Subchapter III–A of Chapter 6A of Title 42 by Pub. L. 102–321, title I, § 131, July 10, 1992, 106 Stat. 366. Provisions relating to the confidentiality of patient records are now classified to section 290dd–2 of Title 42.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Educational Program for Federal Employees Relating to Drug and Alcohol AbusePub. L. 99–570, title VI, § 6003, Oct. 27, 1986, 100 Stat. 3207–159, provided that: “(a) Establishment.—The Director of the Office of Personnel Management shall, in consultation with the Secretary of Health and Human Services, establish a Government-wide education program, using seminars and such other methods as the Director considers appropriate, to carry out the purposes prescribed in subsection (b). “(b) Purposes.—The program established under this section shall be designed to provide information to Federal Government employees with respect to—“(1) the short-term and long-term health hazards associated with alcohol abuse and drug abuse; “(2) the symptoms of alcohol abuse and drug abuse; “(3) the availability of any prevention, treatment, or rehabilitation programs or services relating to alcohol abuse or drug abuse, whether provided by the Federal Government or otherwise; “(4) confidentiality protections afforded in connection with any prevention, treatment, or rehabilitation programs or services; “(5) any penalties provided under law or regulation, and any administrative action (permissive or mandatory), relating to the use of alcohol or drugs by a Federal Government employee or the failure to seek or receive appropriate treatment or rehabilitation services; and “(6) any other matter which the Director considers appropriate.”
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 7362"
|
||||
description: "Alcohol abuse and alcoholism"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "73"
|
||||
chapter_name: "SUITABILITY, SECURITY, AND CONDUCT"
|
||||
section: "7362"
|
||||
citation: "5 U.S.C. § 7362"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s7362"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "6c2a85a8388d42382a8cfc303ba198f3e2547985a17df4aeb2625171cdced67d"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "cb5b4f440fddddef7d2d324dce8247630e06969b3d88094bb3dc055357b45e01"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 7362 - Alcohol abuse and alcoholism
|
||||
|
||||
## Text
|
||||
|
||||
(a) The Office of Personnel Management shall be responsible for developing, in cooperation with the Secretary of Health and Human Services and with other agencies, and in accordance with applicable provisions of this subpart, appropriate prevention, treatment, and rehabilitation programs and services for alcohol abuse and alcoholism among employees. Such agencies are encouraged to extend, to the extent feasible, such programs and services to the families of alcoholic employees and to employees who have family members who are alcoholics. Such programs and services shall make optimal use of existing governmental facilities, services, and skills.
|
||||
|
||||
(b) Section 523 11 See References in Text note below. of the Public Health Service Act (42 U.S.C. 290dd–3), relating to confidentiality of records, and any regulations prescribed thereunder, shall apply with respect to records maintained for the purpose of carrying out this section.
|
||||
|
||||
(c) Each agency shall, with respect to any programs or services provided by such agency, submit such written reports as the Office may require in connection with any report required under section 7363 of this title.
|
||||
|
||||
(d) For the purpose of this section, the term “agency” means an Executive agency.
|
||||
|
||||
(Added Pub. L. 99–570, title VI, § 6002(a)(1), Oct. 27, 1986, 100 Stat. 3207–157.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 523 of the Public Health Service Act, referred to in subsec. (b) and formerly classified to section 290dd–3 of Title 42, The Public Health and Welfare, was renumbered section 544 of that Act by Pub. L. 100–77, title VI, § 611(2), July 22, 1987, 101 Stat. 516 and then omitted in the general revision of Part D of Subchapter III–A of Chapter 6A of Title 42 by Pub. L. 102–321, title I, § 131, July 10, 1992, 106 Stat. 366. Provisions relating to the confidentiality of patient records are now classified to section 290dd–2 of Title 42.
|
||||
@@ -0,0 +1,59 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 7363"
|
||||
description: "Reports to Congress"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "73"
|
||||
chapter_name: "SUITABILITY, SECURITY, AND CONDUCT"
|
||||
section: "7363"
|
||||
citation: "5 U.S.C. § 7363"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s7363"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "7339cf52e3b713c12f2a0f2c3833c81a22511697f15d16457375bb6ea424b0fc"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "d14935e63c3527366edd1255252131e1687823e0e9a0c2389c942e0dc48c933c"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 7363 - Reports to Congress
|
||||
|
||||
## Text
|
||||
|
||||
(a) The Office of Personnel Management shall, within 6 months after the date of the enactment of the Federal Employee Substance Abuse Education and Treatment Act of 1986 and annually thereafter, submit to each House of Congress a report containing the matters described in subsection (b).
|
||||
|
||||
(b) Each report under this section shall include—
|
||||
|
||||
(1) a description of any programs or services provided under section 7361 or 7362 of this title, including the costs associated with each such program or service and the source and adequacy of any funding 11 So in original. Probably should be followed by “of”. such program or service;
|
||||
|
||||
(2) a description of the levels of participation in each program and service provided under section 7361 or 7362 of this title, and the effectiveness of such programs and services;
|
||||
|
||||
(3) a description of the training and qualifications required of the personnel providing any program or service under section 7361 or 7362 of this title;
|
||||
|
||||
(4) a description of the training given to supervisory personnel in connection with recognizing the symptoms of drug or alcohol abuse and the procedures (including those relating to confidentiality) under which individuals are referred for treatment, rehabilitation, or other assistance;
|
||||
|
||||
(5) any recommendations for legislation considered appropriate by the Office and any proposed administrative actions; and
|
||||
|
||||
(6) information describing any other related activities under section 7904 of this title, and any other matter which the Office considers appropriate.
|
||||
|
||||
(Added Pub. L. 99–570, title VI, § 6002(a)(1), Oct. 27, 1986, 100 Stat. 3207–158.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe date of the enactment of the Federal Employee Substance Abuse Education and Treatment Act of 1986, referred to in subsec. (a), is the date of enactment of title VI of Pub. L. 99–570 which was approved Oct. 27, 1986.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Termination of Reporting RequirementsFor termination, effective May 15, 2000, of reporting provisions in this section, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 187 of House Document No. 103–7.
|
||||
@@ -0,0 +1,65 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 7371"
|
||||
description: "Mandatory removal from employment of law enforcement officers convicted of felonies"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "73"
|
||||
chapter_name: "SUITABILITY, SECURITY, AND CONDUCT"
|
||||
section: "7371"
|
||||
citation: "5 U.S.C. § 7371"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s7371"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "f1bb46bee4b48ea89a5e9f9c1f1f50b2001a42334bd8e190ab0fabc6b73ad915"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "6323cf9d9743c9b960fe91b4dac94dd0b5c379af82cb148b1c7bb67c2fa817b6"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 7371 - Mandatory removal from employment of law enforcement officers convicted of felonies
|
||||
|
||||
## Text
|
||||
|
||||
(a) In this section, the term—
|
||||
|
||||
(1) “conviction notice date” means the date on which an agency that employs a law enforcement officer has notice that the officer has been convicted of a felony that is entered by a Federal or State court, regardless of whether that conviction is appealed or is subject to appeal; and
|
||||
|
||||
(2) “law enforcement officer” has the meaning given that term under section 8331(20) or 8401(17).
|
||||
|
||||
(b) Any law enforcement officer who is convicted of a felony shall be removed from employment as a law enforcement officer on the last day of the first applicable pay period following the conviction notice date.
|
||||
|
||||
(c) (1) This section does not prohibit the removal of an individual from employment as a law enforcement officer before a conviction notice date if the removal is properly effected other than under this section.
|
||||
|
||||
(2) This section does not prohibit the employment of any individual in any position other than that of a law enforcement officer.
|
||||
|
||||
(d) If the conviction is overturned on appeal, the removal shall be set aside retroactively to the date on which the removal occurred, with back pay under section 5596 for the period during which the removal was in effect, unless the removal was properly effected other than under this section.
|
||||
|
||||
(e) (1) If removal is required under this section, the agency shall deliver written notice to the employee as soon as practicable, and not later than 5 calendar days after the conviction notice date. The notice shall include a description of the specific reasons for the removal, the date of removal, and the procedures made applicable under paragraph (2).
|
||||
|
||||
(2) The procedures under section 7513(b)(2), (3), and (4), (c), (d), and (e) shall apply to any removal under this section. The employee may use the procedures to contest or appeal a removal, but only with respect to whether—
|
||||
|
||||
(A) the employee is a law enforcement officer;
|
||||
|
||||
(B) the employee was convicted of a felony; or
|
||||
|
||||
(C) the conviction was overturned on appeal.
|
||||
|
||||
(3) A removal required under this section shall occur on the date specified in subsection (b) regardless of whether the notice required under paragraph (1) of this subsection and the procedures made applicable under paragraph (2) of this subsection have been provided or completed by that date.
|
||||
|
||||
(Added Pub. L. 106–554, § 1(a)(3) [title VI, § 639(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–168.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatePub. L. 106–554, § 1(a)(3) [title VI, § 639(c)], Dec. 21, 2000, 114 Stat. 2763, 2763A–168, provided that: “The amendments made by this section [enacting this subchapter] shall take effect 30 days after the date of enactment of this Act [Dec. 21, 2000] and shall apply to any conviction of a felony entered by a Federal or State court on or after that date.”
|
||||
Reference in New Issue
Block a user