and the Federal Employee

PoliticalActivity

and the Federal Employee
Political Activity

and the Federal Employee

The Hatch Act 

Its Importance to Federal Employees.................................................................................................2 

Who Is Covered..........................................................................................................................................3 

Permitted and Prohibited Activities for Employees 

Who May Engage in Partisan Activity...............................................................................................4 

Questions and Answers ..............................................................................................................................5 

Permitted and Prohibited Activities for Employees 

Subject to Additional Restrictions ....................................................................................................7 

Questions and Answers .............................................................................................................................8 

Designated Communities ......................................................................................................................... 10 

Penalties ................................................................................................................................................... 10 

The Office of Special Counsel ................................................................................................................. 11 

Title 5, United States Code Sections 7321-7326 ..................................................................................... 12 

Important Note 

This booklet summarizes the laws, regulations and policies governing the political activities of federal 

employees and employees of the District of Columbia government. Its intent is to provide a basic overview 

of permissible and prohibited political activities. Employees should not rely on the opinions of friends or 

co-workers when they have questions with regard to a specific political activity. Ignorance of the law does 

not excuse an employee’s violation of the Hatch Act. Reliance on incorrect or unofficial information also 

does not excuse a violation. Employees with additional questions may obtain an advisory opinion by 

telephoning the Office of the Special Counsel or by submitting their questions, in writing, to the address 

listed below. 

U. S. Office of Special Counsel 1730 M Street, N. W., Suite 210 

Washington, D.C. 20036-4505 

202–254-3650

1-800-854-2824 

www.osc.gov E-mail: hatchact@osc.gov 

Rev. December, 2005
The Hatch Act 

Its Importance to Federal Employees 

The political activity of government employees 

has been a concern of government officials since the 

earliest days of the Republic. Thomas Jefferson, the 

nation’s third president, was among the first to 

express concern about this issue. 

In response to Jefferson's concern, the heads of 

the executive departments issued an order which 

stated that while it is “the right of any officer (federal 

employee) to give his vote at elections as a qualified 

citizen...it is expected that he will not attempt to 

influence the votes of others nor take part in the 

business of electioneering, that being deemed 

Columbia and certain employees of state and local 

governments. In passing the Hatch Act, Congress 

determined that partisan activity by federal 

employees, employees of the District of Columbia 

government and certain employees of state and local 

governments must be limited for public institutions to 

function fairly and effectively. The courts have held 

that the Hatch Act is not an unconstitutional 

infringement on employees’ first amendment right to 

freedom of speech because it specifically provides 

that employees retain the right to speak out on 

political subjects and candidates. 

inconsistent with the spirit of the In October of 1993, legislation 

Constitution...” which substantially amended the 

However, despite the Hatch Act was signed into law. The 

concerns of Jefferson and other Hatch Act Reform Amendments of 

American statesmen, almost a 1993 permit most federal employcentury and a half elapsed before 

Congress enacted a comprehensive 

law regarding the political activities of government employees. 

In 1939, Congress approved 

landmark legislation known as the 

Hatch Act to limit the political 

activities of federal employees, 

employees of the District of 

Most federal 

employees may take 

an active part in 

partisan political 

management and 

partisan political 

campaigns. 

2

ees to take an active part in partisan 

political management and partisan 

political campaigns. While federal 

employees are still prohibited from 

seeking public office in partisan 

elections, most employees are free 

to work, while off duty, on the 

partisan campaigns of candidates of 

their choice. 
Who Is Covered? 

All civilian employees in the executive branch of 

the federal government, except the President and the 

Vice President, are covered by the provisions of the 

Hatch Act. Employees of the U. S. Postal Service and 

the District of Columbia are also covered by the Act. 

Part-time employees are covered by the Act. 

However, employees who work on an occasional or 

irregular basis or who are special govern

ment employees, as defined in title 18 

U. S. C. 202(a) are subject to the restrictions only 

when they are engaged in government business. 

Special considerations for

employees appointed by the

President by and with the advice 

and consent of the Senate and 

employees paid from an

appropriation for the Executive 

Office of the President. 

Employees paid from an appropriation for the 

Executive Office of the President and employees 

appointed by the President, by and with the advice 

and consent of the Senate, whose position is located 

within the United States, and who determine policies 

to be pursued by the United States in relations with 

foreign powers or in the nationwide administration of 

Federal laws may engage in political activity: while 

on duty; in any government room or building; while 

wearing a uniform or official insignia; and while 

using a government vehicle, if the costs associated 

with the political activity are not paid for by money 

 • Contract appeals board member 

Employees Subject to Additional

Restrictions 

Federal employees in the following agencies, 

divisions or positions are prohibited from engaging in 

partisan political campaigns or partisan political 

management: 

• Federal Elections Commission 

• Federal Bureau of Investigations 

• Secret Service 

• Central Intelligence Agency 

• National Security Counsel 

• National Security Agency 

• Defense Intelligence Agency 

• National Geospatial Intelligence Agency 

• Merit Systems Protection Board 

• Office of Special Counsel 

• Office of Criminal Investigations of the IRS 

• Office of Investigative Programs of the 

U. S. Customs Service 

• Office of Law Enforcement of the Bureau of 

Alcohol, Tobacco, and Firearms 

• Criminal Division of the Department of Justice 

• Career members of the senior executive service 

• Administrative Law Judges 

• Administrative Appeals Judges

derived from the Treasury of the United States.

See pages 7-9 for a listing of permitted and

prohibited activities for these employees. 

3
Permitted and Prohibited Activities for 

Employees Who May Engage in Partisan Activity 

• May be candidates for public office in 

nonpartisan elections 

• May register and vote as they choose 

• May assist in voter registration drives 

• May express opinions about candidates 

and issues 

• May contribute money to political organizations 

• May attend political fundraising functions 

• May attend and be active at political rallies and 

meetings 

• May join and be an active member of a political 

party or club 

• May sign nominating petitions 

• May campaign for or against referendum 

questions, constitutional amendments, municipal 

ordinances 

• May campaign for or against candidates in 

partisan elections 

• May make campaign speeches for candidates in 

partisan elections 

• May distribute campaign literature in partisan 

elections 

• May hold office in political clubs or parties 

including serving as a delegate to a convention 

• May not use their official authority or influence to 

interfere with an election 

• May not solicit, accept or receive political 

contributions unless both individuals are members 

of the same federal labor organization or employee 

organization and the one solicited is not a 

subordinate employee 

• May not knowingly solicit or discourage the 

political activity of any person who has business 

before the agency 

• May not engage in political activity while on duty 

• May not engage in political activity in any 

government office 

• May not engage in political activity while wearing 

an official uniform 

• May not engage in political activity while using a 

government vehicle 

• May not be candidates for public office in partisan 

elections partisan elections 

• May not wear political buttons on duty 

4
Questions and Answers 

Employees Who May Be Politically Active 

in Partisan Campaigns 

Permitted Activities: 

Q. What types of political activities are permitted 

under the 1993 Reform Amendments? 

A. Most employees are free to participate in the 

following types of activities: campaigning for or 

against candidates in partisan elections, distributing 

campaign material, organizing or managing political 

rallies or meetings, circulating nominating petitions, 

working to register voters, and making campaign 

speeches for candidates. 

Q. May an employee hold office in a political 

party or club? 

A. Yes, an employee may hold office in a political 

party or club, including serving as a delegate to a local, 

state or national convention. The fact that the election 

for party office takes place during the primary or 

general election does not impede the employee's 

involvement. 

Q. May an employee work at the polls on election 

day? 

A. An employee, who is off duty, may work at the 

polls on election day. The employee may work for the 

city or county as an election judge, poll watcher or 

clerical worker. Additionally, employees may work for 

a candidate or political party by observing the check-in 

process, holding a sign or distributing campaign 

literature. 

Q. May an employee help organize a fundraiser 

for a partisan candidate? 

A. Yes, an employee may organize a fundraising 

event as long as he or she does not personally solicit, 

accept or receive political contributions. The employee 

may supply names for the invitation list, address 

invitations or introduce the speaker at the event. 

Q. May an employee serve as the treasurer of a 

campaign? 

A. Yes, an employee may serve as treasurer to the 

extent of preparing and filing campaign finance 

reports and paying campaign expenses. The employee 

would be prohibited from personally soliciting, 

accepting or receiving political contributions. 

Q. May an employee who works in a commercial 

building which is partially leased by a federal 

agency engage in partisan political activity in the 

common space of the partially leased building? 

A. Employees who work in partially leased 

buildings may engage in partisan political activity in 

the nonleased common space of the building, the 

courtyard, the roof deck, the main lobby. 

Q. May employees make financial contributions 

to political candidates? 

A. Yes, employees are permitted to make 

contributions to candidates, political parties, clubs and 

organizations. 

Q. May employees hold public office? 

A. Yes, while the Hatch Act prohibits candidacy for 

public office in partisan elections, it does not prohibit 

a federal employee from being appointed to or 

holding public office. Additionally, when an 

individual holds elective office at the time that the 

employee begins federal employment, he or she may 

continue to serve in the elected position. However, the 

employee may not be a candidate for re-election if the 

election is partisan and the employee continues to be 

employed by a federal agency. 

5
Q. Are employees permitted to be candidates in 

nonpartisan elections? 

A. Yes, employees may be candidates in 

nonpartisan elections. Additionally, employees are 

permitted to solicit, accept and receive contributions 

in nonpartisan elections. A nonpartisan election is an 

election where none of the candidates are running as 

representatives of a partisan political party, usually 

the Democratic and Republican party. 

Q. Can a nonpartisan election be transformed 

into a partisan election? 

A. Yes. If state or local law mandates a nonpartisan 

ballot for a particular local office, there will be a 

presumption that the election for that office is 

nonpartisan. If evidence is presented, however, that 

shows that partisan politics actually enter the 

campaigns of the candidates, e.g., the employee 

solicits the endorsement of a partisan group, 

advertises the endorsement of a political party, or uses 

the party's resources to further her campaign effort, 

the nonpartisan election can be transformed into a 

partisan one in violation of the Hatch Act. 

Prohibited Activities: 

Q. May employees solicit political contributions 

for partisan candidates, parties or organizations? 

A. No, the amendments prohibit a covered 

employee from soliciting, accepting or receiving 

political contributions from any person except in 

certain instances involving labor organizations and 

employee organizations. Members of labor 

organizations and employee organizations may solicit 

contributions as long as the person who is solicited 

belongs to the same federal labor organization or 

federal employee organization as the employee who 

solicits, accepts or receives the contribution, the 

person who is solicited is not a subordinate employee, 

and the request is for a contribution to the 

multicandidate political committee of a federal labor 

organization or to the multicandidate political 

committee of a federal employee organization which 

was in existence as of October 6,1993. 

Q. May employees wear partisan political 

buttons while on duty? 

A. No, the Reform Amendments prohibit 

employees from engaging in any partisan political 

activity while on duty. Political activity has been 

defined as activity directed toward the success or 

failure of a political party, candidate for a partisan 

political office or a partisan political group. 

Employees are restricted from displaying partisan 

political posters and bumper stickers in their offices. 

Q. May employees, who are members of a union, 

engage in partisan political activity in space 

designated to the labor organization by the 

agency? 

A. No, all employees, including employees who are 

members of a union, are prohibited from engaging in 

partisan political activity in a government building. 

Q. May an employee be listed as the sponsor of a 

partisan fundraising event? 

A. No, the Act prohibits employees from soliciting 

contributions. However, an employee may be listed as 

the "guest speaker" or "special guest" on a fundraising 

invitation if the listing does not imply that the 

employee is soliciting contributions. 

6
Permitted and Prohibited Activities for 

Employees Subject to Additional Restrictions*

Employees Subject to Additional Restrictions 

These employees are prohibited from engaging paigns where any of the candidates are running as 

in partisan political management or partisan political representatives of a political party, e.g. the 

campaigns. Specifically, they may not work on cam- Democratic or Republican parties. 

• May register and vote as they choose 

• May assist in voter registration drives 

• May express opinions about candidates and 

issues 

• May participate in campaigns where none of the 

candidates represent a political party 

• May contribute money to political organizations 

or attend political fund raising functions 

• May attend political rallies and meetings 

• May join political clubs or parties 

• May sign nominating petitions 

• May campaign for or against referendum questions, constitutional amendments, municipal 

ordinances 

• May be candidates for public office in nonpartysan elections 

____________ 

• May not be candidates for public office in 

partisan elections 

• May not campaign for or against a candidate or 

slate of candidates in partisan elections 

• May not make campaign speeches or engage 

in other campaign activities to elect partisan 

candidates 

• May not collect contributions or sell tickets to 

political fund raising functions 

• May not distribute campaign material in 

partisan elections 

• May not organize or manage political rallies or 

meetings 

• May not hold office in political clubs or parties 

• May not circulate nominating petitions 

• May not work to register voters for one party 

only 

• May not wear political buttons at work 

*Federal Election Commission, Federal Bureau of Investigation, Secret Service, Central Intelligence Agency, 

National Security Council, National Security Agency, Defense Intelligence Agency, Merit Systems Protection Board, 

Office of Special Counsel, Office of Criminal Investigation of the IRS, Office of the Investigative Programs of the 

Customs Service, Office of Law Enforcement of BATF, Criminal Division of DOJ, National Geospacial Intelligence Agency, 

career members of the Senior Executive Service, administrative law judges, administrative appeals judges, and contract 

appeals board members. 

7
Questions and Answers 

Employees Subject to Additional Restrictions 

Permitted Activities: 

Q. To what extent are employees permitted to 

express opinions on political subjects and 

candidates? 

A. Employees may express their views publicly or 

privately about a candidate or about political issues. 

However, they may not engage in active campaigning 

for partisan candidates. 

With regard to political questions and public 

issues, employees are entitled to express their views 

as citizens. In addition, employees are free to express 

their views and take action as individual citizens on 

such questions as referendum matters, changes in 

municipal ordinances and constitutional amendments. 

Issues involving highways, schools, housing and taxes 

are other examples of questions on which employees 

are usually free to take action. They can participate in 

meetings where these issues are discussed and they 

may join other citizens in presenting their views on 

such questions. 

Q. Are employees entitled to make financial 

contributions? 

A. Employees may make contributions to political 

organizations. However, employees are prohibited 

from either soliciting or collecting contributions for 

political organizations. 

Q. May employees attend political rallies and 

join political clubs? 

A. Employees may attend political rallies as 

spectators. They may not participate in the rallies by 

carrying banners or placards. They may join partisan 

political clubs but cannot take an active part in the 

management of the clubs or be officers or members of 

any of its committees. 

Q. May employees attend political conventions? 

A. Yes, covered employees may attend political 

conventions, but only as spectators. Employees are 

not allowed to take part in the deliberations or 

proceedings of the conventions or any of its 

committees. Covered employees may not be 

candidates for, or serve as delegates, alternates or 

proxies at such conventions. 

Q. May an employee write a letter to the editor 

of a local newspaper expressing an opinion on a 

partisan issue? 

A. Yes, but an employee may not write letters in 

connection with political parties, or partisan groups or 

candidates. 

Q. May a federal employee place a sign on his or 

her automobile, or in his or her yard, which 

supports or opposes a political candidate? 

A. So long as this activity is an expression of 

personal opinion, it is permissible under the Hatch 

Act. The size of any such sign is irrelevant. 

Q. May a federal employee who is the spouse of a 

political candidate appear in campaign 

photographs with the candidate? 

A. Yes, the employee can be included in “family of 

the candidate” photographs which might appear in 

newspapers or in campaign literature. 

Q. May a covered employee's spouse, if he or she 

is not covered by the law, engage in political 

activity? 

A. Yes, the law does not restrict the activities of an 

employees spouse or of other family members in any 

way. 

Q. Are employees allowed to actively assist in 

voter registration drives? 

A. Yes, employees may participate in nonpartisan 

voter registration drives but they may not attempt to 

influence voters to register for a particular party. 

8
Q. May employees use cars to take voters to the 

polls on election day? 

A. Yes, employees may assist taking voters to the 

polls as a gesture of goodwill or as part of an effort by 

a nonpolitical organization. Employees may not 

assist voters to the polls as part of an organized effort 

on behalf of candidates or political parties. 

Q. Employees are sometimes asked to serve as 

registrars on registration day or as election clerks 

or officers on election day. Are they permitted to 

do this? 

A. Yes, employees may accept appointments to 

serve as election clerks, officers or in similar positions 

as prescribed by state or local law. However, they 

may not work at the polls on behalf of partisan 

candidates or political parties by acting as checkers, 

challengers, watchers or in similar partisan positions. 

Q. Are employees permitted to be candidates in 

nonpartisan elections? 

A. Yes, employees may be candidates in 

nonpartisan elections. Additionally, employees are 

permitted to solicit, accept and receive contributions 

in nonpartisan elections. A nonpartisan election is an 

election where none of the candidates are running as 

representatives of a partisan political party, usually 

the Democratic or Republican party. 

Q. Can nonpartisan election be transformed into 

a partisan election? 

A. Yes. If state or local law mandates a nonpartisan 

ballot for a particular local office, there will be a 

presumption that the election for that office is 

nonpartisan. If evidence is presented, however, that 

shows that partisan politics actually enter the 

campaigns of the candidates, e.g., the employee 

solicits the endorsement of a partisan group, 

advertises the endorsement of a political party, or uses 

the party's resources to further her campaign effort, 

the nonpartisan election can be transformed into a 

partisan one in violation of the Hatch Act. 

Prohibited Activities 

Q. What types of the activities are prohibited? 

A. Activities such as soliciting or collecting 

political contributions, or selling fund-raising dinner 

tickets are prohibited. Distributing campaign material 

in connection with political parties or partisan groups 

or candidates is also prohibited. 

Q. May employees work as part-time volunteers 

for partisan candidates if the activity does not 

involve contact with the public? 

A. No, the law prohibits direct action to assist 

partisan candidates or political parties in campaigns. 

Thus, covered employees are not permitted to do 

clerical work at campaign headquarters, write 

campaign speeches or canvass voters for the purpose 

of promoting support for candidates or political 

parties. 

The prohibition applies to voluntary campaign 

work such as addressing and stuffing envelopes, 

making phone calls on behalf of a candidate or 

collecting signatures for a nominating petition. 

9
Designated Communities 

Q. Are there any instances when a federal 

employee may be a candidate in a partisan 

election? 

A. Yes. A special rule applies to local elections in 

certain communities of Maryland and Virginia near 

Washington, D. C., and in a few designated 

municipalities in other parts of the country. In 

communities designated by the U. S. Office of 

Personnel Management, federal employee residents 

(including employees subject to additional 

restrictions) may run as independent candidates in 

local elections in the communities where they reside. 

Q. Can a nonpartisan candidacy, i.e., an 

independent candidacy, be transformed into a 

partisan candidacy? 

A. Yes. If evidence is presented that shows that 

partisan politics enters the campaign of the 

independent candidate in the designated community, 

e.g., the employee solicits the endorsement of a 

partisan group, advertises the endorsement of a 

political party, or uses the party's resources to further 

her campaign effort, the independent candidacy can 

be transformed into a partisan one in violation of the 

Hatch act. 

The communities to which the partial exemption 

applies are listed below: 

Maryland: Annapolis, Anne Arundel County, 

Berwyn Heights, Bethesda, Bladensburg, Bowie, 

Brentwood, Calvert County, Capitol Heights, 

Cheverly, Chevy Chase Village, Martin Additions, 

Chevy Chase sections 3 and 4, Chevy Chase View, 

College Park, Cottage City, District Heights, 

Edmonston, Fairmont Heights, Forest Heights, 

Frederick County, Garrett Park, Glenarden, Glen 

Echo, Greenbelt, Howard County, Hyattsville, 

Kensington, Landover Hills, Montgomery County, 

Morningside, Mount Rainier, New Carrollton, North 

Beach, North Brentwood, North Chevy Chase, 

Northwest Park, Prince Georges County, Riverdale, 

Rockville, Seat Pleasant, Somerset, Takoma Park, 

University Park, Washington Grove, Saint Mary's 

County. 

Virginia: Alexandria, Arlington County, Clifton, 

Fairfax County, City of Fairfax, Falls Church, 

Herndon, Loudon County, Manassas, Manassas Park, 

Portsmouth, Prince William County, Vienna, 

Spotsylvania County, Stafford County. 

Others: Anchorage, AK; Benecia, CA; Bremerton, 

WA; Centerville, GA; Crane, IN; Elmer City, WA; 

Huachuca City, AZ; New Johnsonville, TN; Norris, 

TN; Port Orchard, WA; Sierra Vista, AZ; Warner 

Robins, GA. 

Q. What is the basis for granting partial 

exceptions from Hatch Act restrictions to the 

residents of certain communities? 

A. Upon request, the partial exemption is granted 

by the Office of Personnel Management, under certain 

conditions, to communities in which large numbers of 

voters are employed by the federal government. The 

exemption recognizes that in such communities the 

interest of the community and the federal employee 

may allow such direct participation in local 

government. 

Q. How does this special right differ from the 

general restriction that applies to all federal 

employees? 

A. Under the general restriction, federal employees 

cannot be candidates for a public office in partisan 

elections. In an excepted community employees may 

run as independent candidates against partisan 

political candidates. 

Penalties for Violation 

Q. What is the penalty for violating the Hatch 

Act? 

A. For covered federal employees and District of 

Columbia government employees, the most severe 

penalty for violation is removal. The minimum 

penalty is suspension without pay for 30 days. 

Q. Where is the law found that restricts political 

activity of federal and District of Columbia 

government employees? 

A. Title 5 of the United States Code, Sections 7321-

7326 and Title 5 of the Code of Federal Regulations 

parts 733 and 734. 

10
The Office of Special Counsel 

Procedures 

The Office of Special Counsel (OSC) is 

responsible for investigating reports or complaints 

concerning Hatch Act violations committed by 

covered federal employees and by employees of the 

District of Columbia government. 

If an investigation uncovers evidence of a 

violation of the law and OSC determines that the 

violation warrants prosecution, a written complaint for 

disciplinary action is filed with the U. S. Merit 

Systems Protection Board (MSPB). A copy of the 

complaint is served on the charged employee. Full 

opportunity is provided to contest the charges, 

including a right to a hearing before the MSPB. The 

employee may be represented by counsel at all stages 

of the proceedings. 

After consideration of the entire record, the 

MSPB will notify the employee and the employing 

agency of its decision. If the MSPB finds that the 

employee has violated the law, the maximum penalty 

that can be imposed is removal from government 

service. The minimum penalty that can be assessed is 

suspension without pay for 30 days. 

Briefings 

In an effort to better acquaint federal employees 

with the provisions regarding political activity, OSC 

attorneys are available to brief groups of federal 

employees on the Hatch Act. 

Advisories 

Additionally, employees may obtain answers to 

specific questions regarding political activity by 

calling OSC at 800-85-HATCH (854-2824) or 202-

254-3650. Requests for written advisories may be 

made to: 

U. S. Office of Special Counsel 

1730 M Street, NW 

Suite 218

Washington, DC 20036 

E-mail: hatchact@osc.gov

Homepage: http://www.osc.gov 

11
Title 5. United States Code 

SUBCHAPTER III -- POLITICAL ACTIVITIES 

§ 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. 

§ 7322. Definitions 

For the purposes 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 General 

Accounting Office; 

(B) a position within the competitive service which is 

not an executive agency; or 

(C) the government of the District of Columbia, other 

than the Mayor or a member of the City Council or the 

Recorder of Deeds; 

but does not include a member of the uniformed services; 

(2) ‘partisan political office’ means any office 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; 

(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. 

§ 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; States Code.

(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))); 

(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)))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))); 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)(l) 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; 

(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; or 

(XII) the Office of the Law Enforcement of the 

Bureau of Alcohol, Tobacco, and Firearms; or 

(XIII) the National Geospatial Intelligence Agency; or 

(ii) a person employed in a position described under 

section 3132(a)(4) or 5372, 5372a, or 5372b of title 5, United

 (3) No employee of the Criminal 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 

12
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. 

§ 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)(l) 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. 

§ 7325. Political activity permitted; employees residing in 

certain municipalities 

The Office of Personnel Management may prescribe 

regulations permitting employees, without regard to the prohibition 

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 in 

Maryland or Virginia and in the immediate vicinity of the 

District of Columbia, or is a municipality in which the 

majority of the 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. 

§ 7326. Penalties 

An employee or individual who violates section 7323 or 

7324 of this title shall be removed from his position, and funds 

appropriated for the position from which removed thereafter may 

not be used to pay the employee or individual. However, if the 

Merit Systems Protection Board finds by unanimous vote that the 

violation does not warrant removal, a penalty of not less than 30 

days ' suspension without pay shall be imposed by direction of the 

Board. 

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