Collapse to view only § 7326. Penalties
- § 7321. Political participation
- § 7322. Definitions
- § 7323. Political activity authorized; prohibitions
- § 7324. Political activities on duty; prohibition
- § 7325. Political activity permitted; employees residing in certain municipalities
- § 7326. Penalties
§ 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 participating in the political processes of the Nation.
(Added Pub. L. 103–94, § 2(a), Oct. 6, 1993, 107 Stat. 1001.)
§ 7322. DefinitionsFor 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.)
§ 7323. Political activity authorized; prohibitions
(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))); 1
1 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.)
§ 7324. Political activities on duty; prohibition
(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.)
§ 7325. Political activity permitted; employees residing in certain municipalitiesThe 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.)
§ 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.)