5 U.S.C. § 7211 — Employees’ right to petition Congress

Page 877 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7211 (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 523, § 7153; renumbered § 7203 and amended Pub. L. 95–454, title I, § 101(b)(2), title VII, § 703(a)(1), title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1118, 1216, 1224.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 633(2)9. June 10, 1948, ch. 434, 62 Stat. 351. The authority of the President to prescribe rules is added on authority of former section 633(1), which is carried into section 3302. The section is rewritten as a general prohibition instead of specifying the personnel actions included in former section 633(2)9. The words ‘‘in an Executive agency or in the competitive service’’ are added for clarity. 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, § 703(a)(1), renumbered section 7153 of this title as this section. Pub. L. 95–454, §§ 101(b)(2), 906(a)(2), substituted ‘‘Handicapping condition’’ for ‘‘Physical handicap’’ in section catchline, ‘‘handicapping condition’’ for ‘‘phys- ical handicap’’ wherever appearing in text, and ‘‘Office of Personnel Management’’ for ‘‘Civil Service Commis- sion’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by sections 101(b)(2) and 906(a)(2) of 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. § 7204. Other prohibitions [(a) Repealed. Pub. L. 90–83, § 1(44), Sept. 11, 1967, 81 Stat. 208.] (b) In the administration of chapter 51, sub- chapters III and IV of chapter 53, and sections 305 and 3324 of this title, discrimination because of race, color, creed, sex, or marital status is prohibited with respect to an individual or a po- sition held by an individual. (c) The Office of Personnel Management may prescribe regulations necessary for the adminis- tration of subsection (b) of this section. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 523, § 7154; Pub. L. 90–83, § 1(44), Sept. 11, 1967, 81 Stat. 208; Pub. L. 92–392, § 8, Aug. 19, 1972, 86 Stat. 573; re- numbered § 7204 and amended Pub. L. 95–454, title VII, § 703(a)(1), title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1216, 1224.) HISTORICAL AND REVISION NOTES 1966 ACT Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 5 U.S.C. 33. R.S. § 165. (b) ............. 5 U.S.C. 1074. Oct. 28, 1949, ch. 782, § 1103, 63 Stat. 972. In subsection (a), the words ‘‘Executive department’’ are substituted for ‘‘department’’ as the definition of ‘‘department’’ applicable to this section is coextensive with the definition of ‘‘Executive department’’ in sec- tion 101. The words ‘‘or military department’’ are in- serted to preserve the application of the source law. Be- fore enactment of the National Security Act Amend- ments of 1949 (63 Stat. 578), the Department of the Army, the Department of the Navy, and the Depart- ment of the Air Force were Executive departments. The National Security Act Amendments of 1949 established the Department of Defense as an Executive department including the Department of the Army, the Department of the Navy, and the Department of the Air Force as military departments, not as Executive departments. However, the source law for this subsection, which was in effect in 1949, remained applicable to the Secretaries of the military departments by virtue of section 12(g) of the National Security Act Amendments of 1949 (63 Stat. 591), which is set out in the reviser’s note for section 301. The words ‘‘in the discretion of’’ are omitted as un- necessary in view of the permissive grant of authority. The words ‘‘positions in the department’’ are sub- stituted for ‘‘any of the clerkships therein authorized by law’’. The words ‘‘upon the same requisites and con- ditions’’ are omitted as unnecessary. The words ‘‘legal pay of the position to which appointed’’ are substituted for ‘‘same compensations, as are prescribed for men’’. This subsection was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, § 201(d), as added Aug. 10, 1949, ch. 412, § 4, 63 Stat. 579 (former 5 U.S.C. 171–1), which provides ‘‘Except to the extent in- consistent with the provisions of this Act [National Se- curity Act of 1947], the provisions of title IV of the Re- vised Statutes as now or hereafter amended shall be ap- plicable to the Department of Defense’’ is omitted from this title, but is not repealed. Subsection (c) is added on authority of former sec- tions 1072 and 1072a, which are codified in section 5115. 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. 1967 ACT This section deletes subsection (a) of 5 U.S.C. 7154 to reflect the repeal of the source statute of that sub- section by Public Law 89–261, 79 Stat. 987. Editorial Notes AMENDMENTS 1978—Pub. L. 95–454, § 703(a)(1), renumbered section 7154 of this title as this section. Subsec. (c). Pub. L. 95–454, § 906(a)(2), substituted ‘‘Of- fice of Personnel Management’’ for ‘‘Civil Service Com- mission’’. 1972—Subsec. (b). Pub. L. 92–392 inserted reference to subchapter IV of chapter 53 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by section 906(a)(2) of Pub. L. 95–454 ef- fective 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. EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92–392 effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, see section 15(a) of Pub. L. 92–392, set out as an Effective Date note under section 5341 of this title. SUBCHAPTER II—EMPLOYEES’ RIGHT TO PETITION CONGRESS § 7211. Employees’ right to petition Congress The right of employees, individually or collec- tively, to petition Congress or a Member of Con- gress, or to furnish information to either House of Congress, or to a committee or Member there- of, may not be interfered with or denied. Page 878 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7301 (Added Pub. L. 95–454, title VII, § 703(a)(3), Oct. 13, 1978, 92 Stat. 1217.) Editorial Notes PRIOR PROVISIONS Provisions of this section were contained in section 7102 of this title prior to the general amendment of chapter 71 of this title by Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1191. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Oct. 13, 1978, see sec- tion 907 of Pub. L. 95–454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title. CHAPTER 73—SUITABILITY, SECURITY, AND CONDUCT SUBCHAPTER I—REGULATION OF CONDUCT Sec. 7301. Presidential regulations. 7302. Post-employment notification. SUBCHAPTER II—EMPLOYMENT LIMITATIONS 7311. Loyalty and striking. 7312. Employment and clearance; individuals re- moved for national security. 7313. Riots and civil disorders. SUBCHAPTER III—POLITICAL ACTIVITIES 7321. Political participation. 7322. Definitions. 7323. Political activity authorized; prohibitions. 7324. Political activities on duty; prohibition. 7325. Political activity permitted; employees resid- ing in certain municipalities. 7326. Penalties. SUBCHAPTER IV—FOREIGN GIFTS AND DECORATIONS [7341. Repealed.] 7342. Receipt and disposition of foreign gifts and decorations. SUBCHAPTER V—MISCONDUCT 7351. Gifts to superiors. 7352. Excessive and habitual use of intoxicants. 7353. Gifts to Federal employees. SUBCHAPTER VI—DRUG ABUSE, ALCOHOL ABUSE, AND ALCOHOLISM 7361. Drug abuse. 7362. Alcohol abuse and alcoholism. 7363. Reports to Congress. SUBCHAPTER VII—MANDATORY REMOVAL FROM EMPLOYMENT OF CONVICTED LAW ENFORCE- MENT OFFICERS 7371. Mandatory removal from employment of law enforcement officers convicted of felonies. Editorial Notes AMENDMENTS 2003—Pub. L. 108–136, div. A, title XI, § 1125(b)(3), Nov. 24, 2003, 117 Stat. 1640, added item 7302. 2000—Pub. L. 106–554, § 1(a)(3) [title VI, § 639(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A–168, added subchapter VII heading and item 7371. 1993—Pub. L. 103–94, § 2(b)(2), Oct. 6, 1993, 107 Stat. 1004, amended analysis for subchapter III generally, re- enacting subchapter III heading without change, sub- stituting ‘‘participation’’ for ‘‘contributions and serv- ices’’ in item 7321, ‘‘Definitions’’ for ‘‘Political use of authority or influence; prohibition’’ in item 7322, ‘‘ac- tivity authorized; prohibitions’’ for ‘‘contributions; prohibition’’ in item 7323, ‘‘Political activities on duty; prohibition’’ for ‘‘Influencing elections; taking part in political campaigns; prohibitions; exceptions’’ in item 7324, ‘‘Political activity permitted; employees residing in certain municipalities’’ for ‘‘Penalties’’ in item 7325, and ‘‘Penalties’’ for ‘‘Nonpartisan political activity permitted’’ in item 7326, and striking out item 7327 ‘‘Political activity permitted; employees residing in certain municipalities’’ and item 7328 ‘‘General Ac- counting Office employees’’. 1989—Pub. L. 101–194, title III, § 303(b), Nov. 30, 1989, 103 Stat. 1747, added item 7353. 1986—Pub. L. 99–570, title VI, § 6002(a)(2), Oct. 27, 1986, 100 Stat. 3207–158, added subchapter VI heading and items 7361 to 7363. 1980—Pub. L. 96–191, § 8(e)(2), Feb. 15, 1980, 94 Stat. 33, added item 7328. 1968—Pub. L. 90–351, title V, § 1001(b), June 19, 1968, 82 Stat. 235, substituted ‘‘EMPLOYMENT LIMITATIONS’’ for ‘‘LOYALTY, SECURITY, AND STRIKING’’ in sub- chapter II heading and added item 7313. 1967—Pub. L. 90–83, § 1(46), Sept. 11, 1967, 81 Stat. 209, inserted ‘‘GIFTS AND’’ before ‘‘DECORATIONS’’ in subchapter IV heading, struck out item 7341 ‘‘Receipt and display of foreign decorations’’, and added item 7342. SUBCHAPTER I—REGULATION OF CONDUCT § 7301. Presidential regulations The President may prescribe regulations for the conduct of employees in the executive branch. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 524.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 631 (last 16 words). R.S. § 1753 (last 16 words). The words ‘‘employees in the executive branch’’ are substituted for ‘‘persons who may receive appointments in the civil service’’. 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. Statutory Notes and Related Subsidiaries SHORT TITLE OF 1993 AMENDMENT Pub. L. 103–94, § 1, Oct. 6, 1993, 107 Stat. 1001, provided: ‘‘That 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 Wel- fare, omitting former sections 7321 to 7328 of this title, and enacting provisions set out as notes under section 7321 of this title and section 410 of Title 39] may be cited as the ‘Hatch Act Reform Amendments of 1993’.’’ SHORT TITLE OF 1986 AMENDMENT Pub. L. 99–570, title VI, § 6001, Oct. 27, 1986, 100 Stat. 3207–157, provided that: ‘‘This title [enacting sections 7361 to 7363 and 7904 of this title, amending sections 290dd–1 and 290ee–1 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under section 7361 of this title and section 801 of Title 21, Food and Drugs] may be cited as the ‘Federal Employee