5 U.S.C. § 7313 — Riots and civil disorders

Page 892 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7312 Executive Documents 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 No. 12107, Dec. 28, 1978, 44 F.R. 1055, which related to security requirements for Government employees, was revoked by Ex.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 rev- ocation. 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 No. 10450, Apr. 27, 1953, 18 F.R. 2489, which related to security requirements for government employees, was revoked by Ex.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. 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 Con- stitution 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 Subver- sive 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 des- ignated. The list of organizations previously designated is hereby abolished and shall not be used for any pur- pose. 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 fur- thering the aims of, or adherence to and active partici- pation in, any foreign or domestic organization, asso- ciation, movement, group, or combination of persons (hereinafter referred to as organizations) which unlaw- fully 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 over- throw 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 re- voked. RICHARD NIXON. § 7312. Employment and clearance; individuals removed for national security 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 deter- mine whether the individual is eligible for em- ployment in an agency other than the agency from which removed. (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.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes 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 defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1978—Pub. L. 95–454 substituted ‘‘Office of Personnel Management’’ and ‘‘Office’’ for ‘‘Civil Service Commis- sion’’ and ‘‘Commission’’, respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment 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. § 7313. Riots and civil disorders (a) An individual convicted by any Federal, State, or local court of competent jurisdiction of— (1) inciting a riot or civil disorder; (2) organizing, promoting, encouraging, or participating in a riot or civil disorder; (3) aiding or abetting any person in commit- ting any offense specified in clause (1) or (2); or (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; shall, if the offense for which he is convicted is a felony, be ineligible to accept or hold any posi- tion 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 govern- ment of the District of Columbia on the date his conviction becomes final shall be removed from such position. (b) For the purposes of this section, ‘‘felony’’ means any offense for which imprisonment is authorized for a term exceeding one year. (Added Pub. L. 90–351, title V, § 1001(a), June 19, 1968, 82 Stat. 235.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 90–351, title V, § 1002, June 19, 1968, 82 Stat. 235, provided that: ‘‘The provisions of section 1001(a) of Page 893 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7322 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 enact- ment of this title [June 19, 1968].’’ RECEIPT OF BENEFITS UNDER LAWS PROVIDING RELIEF FOR DISASTER VICTIMS Pub. 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 pro- viding relief for disaster victims.’’ SUBCHAPTER III—POLITICAL ACTIVITIES Editorial Notes AMENDMENTS 1993—Pub. L. 103–94, § 2(a), Oct. 6, 1993, 107 Stat. 1001, reenacted subchapter heading without change. § 7321. Political participation 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 partici- pating in the political processes of the Nation. (Added Pub. L. 103–94, § 2(a), Oct. 6, 1993, 107 Stat. 1001.) Editorial Notes PRIOR PROVISIONS A 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE; SAVINGS PROVISION Pub. L. 103–94, § 12, Oct. 6, 1993, 107 Stat. 1011, provided that: ‘‘(a) The amendments made by this Act [enacting sec- tions 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 sec- tions 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 pro- vision, and that provision shall be treated as remaining in force for the purpose of sustaining any proper pro- ceeding or action for the enforcement of that penalty, forfeiture, or liability. ‘‘(c) No provision of this Act shall affect any pro- ceedings 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.’’ Executive Documents 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 Ex- ecutive Officer of the United States, and consistent with the provisions of the Hatch Act Reform Amend- ment 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 con- firmation, 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 Ex- ecutive Officer of the United States, and consistent with the provisions of the Hatch Act Reform Amend- ment 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 ap- pointees, Presidential appointees with Senate con- firmation, 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 Ex- ecutive Officer of the United States, and consistent with the provisions of the Hatch Act Reform Amend- ment 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 con- firmation, noncareer SES appointees, and Schedule C appointees. You are authorized and directed to publish this memorandum in the Federal Register. WILLIAM J. CLINTON. § 7322. Definitions 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 serv- ice which is not in an Executive agency; but does not include a member of the uni- formed services or an individual employed or holding office in the government of the Dis- trict of Columbia; (2) ‘‘partisan political office’’ means any of- fice 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 polit- ical party or affiliated organization; and (3) ‘‘political contribution’’—