§ 7326 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 736

(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.)

PRIOR PROVISIONS

A prior section 7325, Pub. L. 89–554, Sept. 6, 1966, 80

Stat. 526; Pub. L. 96–54, §2(a)(44), Aug. 14, 1979, 93 Stat.

384, related to penalties, prior to the general revision of

this subchapter by Pub. L. 103–94.

AMENDMENTS

2012—Par. (1). Pub. L. 112–230 amended par. (1) 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)’’.

EFFECTIVE DATE OF 2012 AMENDMENT

Amendment by Pub. L. 112–230 effective 30 days after

Dec. 28, 2012, see section 5(a) of Pub. L. 112–230, set out

as a note under section 1501 of this title.

§ 7326. Penalties

An employee or individual who violates 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.)

PRIOR PROVISIONS

A 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.

AMENDMENTS

2017—Pub. L. 115–91 amended section generally. Prior

to amendment, text read as follows: ‘‘An employee or

individual who violates section 7323 or 7324 shall be 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.’’

EFFECTIVE DATE OF 2017 AMENDMENT; APPLICABILITY

Pub. L. 115–91, div. A, title X, §1097(k)(2), Dec. 12, 2017,

131 Stat. 1626, provided that: ‘‘The amendment made by

paragraph (1) [amending this section] shall apply to

any violation of section 7323 or 7324 of title 5, United

States Code, occurring after the date of enactment of

this Act [Dec. 12, 2017].’’

EFFECTIVE DATE; APPLICABILITY

Section 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.’’

SUBCHAPTER IV—FOREIGN GIFTS AND

DECORATIONS

AMENDMENTS

1967—Pub. L. 90–83, §1(45)(A), Sept. 11, 1967, 81 Stat.

208, substituted ‘‘FOREIGN GIFTS AND DECORATIONS’’ for ‘‘FOREIGN DECORATIONS’’ in subchapter

heading.

[§ 7341. Repealed. Pub. L. 90–83, § 1(45)(B), Sept.

11, 1967, 81 Stat. 208]

Section, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 526, related to receipt and display of foreign decorations. See

section 7342 of this title.

§ 7342. Receipt and disposition of foreign gifts

and decorations

(a) For the purpose of this section—

(1) ‘‘employee’’ means—

(A) an employee as defined by section 2105

of this title and an officer or employee of the

United States Postal Service or of the 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