5 U.S.C. § 7322 — Definitions

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’’— Page 894 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7323 1 See References in Text note below. (A) means any gift, subscription, loan, ad- vance, 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 contribu- tion 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 po- litical party or affiliated organization with- out charge for any political purpose; and (D) includes the provision of personal serv- ices 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.) Editorial Notes PRIOR PROVISIONS A 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 bod- ies, prior to the general revision of this subchapter by Pub. L. 103–94. AMENDMENTS 2012—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 ‘‘serv- ices;’’ 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 gov- ernment 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 ‘‘Govern- ment Accountability Office’’ for ‘‘General Accounting Office’’. Statutory Notes and Related Subsidiaries 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. § 7323. Political activity authorized; prohibitions (a) Subject to the provisions of subsection (b), an employee may take an active part in polit- ical management or in political campaigns, ex- cept 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 po- litical contribution from any person, unless such person is— (A) a member of the same Federal labor or- ganization 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 de- fined under section 315(a)(4) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(4))); 1 (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 organiza- tion 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 de- fined 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 par- ticipation in any political activity of any per- son who— (A) has an application for any compensa- tion, 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 Presi- dent, 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 con- tribution. (2)(A) No employee described under subpara- graph (B) (except one appointed by the Presi- dent, 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 Na- tional Intelligence; or (ii) a person employed in a position de- scribed 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,