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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 185 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 185

 To amend title 5, United States Code, to restore to Federal civilian 
employees their right to participate voluntarily, as private citizens, 
  in the political processes of the Nation, to protect such employees 
     from improper political solicitations, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

             January 26 (legislative day, January 5), 1993

  Mr. Glenn (for himself, Mr. Pryor, Mr. Stevens, Mr. Lieberman, Mr. 
Levin, Mr. Akaka, Mr. Sarbanes, Mr. Conrad, Mr. Sasser, Mr. Leahy, and 
  Mr. Dorgan) introduced the following bill; which was read twice and 
           referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
 To amend title 5, United States Code, to restore to Federal civilian 
employees their right to participate voluntarily, as private citizens, 
  in the political processes of the Nation, to protect such employees 
     from improper political solicitations, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may be 
cited as the ``Hatch Act Reform Amendments of 1993''.

SEC. 2. POLITICAL ACTIVITIES.

    (a) Subchapter III of chapter 73 of title 5, United States Code, is 
amended to read as follows:

                 ``SUBCHAPTER III--POLITICAL ACTIVITIES

``Sec. 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.
``Sec. 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 General 
                Accounting 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;
            ``(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.
``Sec. 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)));
                    ``(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)(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) No employee of the Federal Election Commission (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.
    ``(3) 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.
``Sec. 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.
``Sec. 7325. Political activity permitted; employees residing in 
              certain municipalities
    ``The Office of Personnel Management may prescribe regulations 
permitting employees, without regard to the prohibitions in paragraphs 
(2) and (3) of section 7323 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 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.
``Sec. 7326. Penalties
    ``Any employee who has been determined by the Merit Systems 
Protection Board to have violated on two occasions any provision of 
section 7323 or 7324 of this title, shall upon such second 
determination by the Merit System Protection Board be removed from such 
employee's position, in which event that employee may not thereafter 
hold any position (other than an elected position) as an employee (as 
defined in section 7322(1) of this title). Such removal shall not be 
effective until all available appeals are final.''.
    (b)(1) Section 3302(2) of title 5, United States Code, is amended 
by striking out ``7203, 7321, and 7322'' and inserting in lieu thereof 
``and 7203''.
    (2) The table of sections for subchapter III of chapter 73 of title 
5, United States Code, is amended to read as follows:

                 ``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 residing in certain 
                            municipalities.
 ``7326. Penalties.''.

SEC. 3. AMENDMENT TO CHAPTER 12 OF TITLE 5, UNITED STATES CODE.

    Section 1216(c) of title 5, United States Code, is amended to read 
as follows:
    ``(c) If the Special Counsel receives an allegation concerning any 
matter under paragraph (1), (3), (4), or (5) of subsection (a), the 
Special Counsel may investigate and seek corrective action under 
section 1214 and disciplinary action under section 1215 in the same way 
as if a prohibited personnel practice were involved.''.

SEC. 4. AMENDMENTS TO TITLE 18.

    (a) Section 602 of title 18, United States Code, relating to 
solicitation of political contributions, is amended--
            (1) by inserting ``(a)'' before ``It'';
            (2) in paragraph (4) by striking out all that follows 
        ``Treasury of the United States'' and inserting in lieu thereof 
        a semicolon and ``to knowingly solicit any contribution within 
        the meaning of section 301(8) of the Federal Election Campaign 
        Act of 1971 from any other such officer, employee, or person. 
        Any person who violates this section shall be fined under this 
        title or imprisoned not more than 3 years, or both.''; and
            (3) by adding at the end thereof the following new 
        subsection:
    ``(b) The prohibition in subsection (a) shall not apply to any 
activity of an employee (as defined in section 7322(1) of title 5) or 
any individual employed in or under the United States Postal Service or 
the Postal Rate Commission, unless that activity is prohibited by 
section 7323 or 7324 of such title.''.
    (b) Section 603 of title 18, United States Code, relating to making 
political contributions, is amended by adding at the end thereof the 
following new subsection:
    ``(c) The prohibition in subsection (a) shall not apply to any 
activity of an employee (as defined in section 7322(1) of title 5) or 
any individual employed in or under the United States Postal Service or 
the Postal Rate Commission, unless that activity is prohibited by 
section 7323 or 7324 of such title.''.
    (c)(1) Chapter 29 of title 18, United States Code, relating to 
elections and political activities is amended by adding at the end 
thereof the following new section:
``Sec. 610. Coercion of political activity
    ``It shall be unlawful for any person to intimidate, threaten, 
command, or coerce, or attempt to intimidate, threaten, command, or 
coerce, any employee of the Federal Government as defined in section 
7322(1) of title 5, United States Code, to engage in, or not to engage 
in, any political activity, including, but not limited to, voting or 
refusing to vote for any candidate or measure in any election, making 
or refusing to make any political contribution, or working or refusing 
to work on behalf of any candidate. Any person who violates this 
section shall be fined not more than $5,000 or imprisoned not more than 
three years, or both.''.
    (2) The table of sections for chapter 29 of title 18, United States 
Code, is amended by adding at the end thereof the following:

``610. Coercion of political activity.''.

SEC. 5. AMENDMENTS TO THE VOTING RIGHTS ACT OF 1965.

    Section 6 of the Voting Rights Act of 1965 (42 U.S.C. 1973d) is 
amended by striking out ``the provisions of section 9 of the Act of 
August 2, 1939, as amended (5 U.S.C. 118i), prohibiting partisan 
political activity'' and by inserting in lieu thereof ``the provisions 
of subchapter III of chapter 73 of title 5, United States Code, 
relating to political activities''.

SEC. 6. AMENDMENTS RELATING TO APPLICATION OF CHAPTER 15 OF TITLE 5, 
              UNITED STATES CODE.

    (a) Section 1501(1) of title 5, United States Code, is amended by 
inserting ``, the District of Columbia,'' after ``State''.
    (b) Section 675(e) of the Community Services Block Grant Act (42 
U.S.C. 9904(e)) is repealed.

SEC. 7. APPLICABILITY TO POSTAL EMPLOYEES.

    The amendments made by this Act, and any regulations thereunder, 
shall apply with respect to employees of the United States Postal 
Service and the Postal Rate Commission, pursuant to sections 410(b) and 
3604(e) of title 39, United States Code.

SEC. 8. EFFECTIVE DATE.

    (a) The amendments made by this Act shall take effect 120 days 
after the date of the enactment of this Act, 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 provision, and that provision shall be 
treated as remaining in force for the purpose of sustaining any proper 
proceeding or action for the enforcement of that penalty, forfeiture, 
or liability.
    (c) No provision of this Act shall affect any proceedings 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.

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