II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That this Act may be cited as the ‘‘Hatch Act Reform

4 Amendments of 1993’’.
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1 SEC. 2. POLITICAL ACTIVITIES.

2 (a) Subchapter III of chapter 73 of title 5, United

3 States Code, is amended to read as follows:

4 ‘‘SUBCHAPTER III—POLITICAL ACTIVITIES

5 ‘‘§ 7321. Political participation

6 ‘‘It is the policy of the Congress that employees

7 should be encouraged to exercise fully, freely, and without

8 fear of penalty or reprisal, and to the extent not expressly

9 prohibited by law, their right to participate or to refrain

10 from participating in the political processes of the Nation.

11 ‘‘§ 7322. Definitions

12 ‘‘For the purpose of this subchapter—

13 ‘‘(1) ‘employee’ means any individual, other

14 than the President and the Vice President, employed

15 or holding office in—

16 ‘‘(A) an Executive agency other than the

17 General Accounting Office; or

18 ‘‘(B) a position within the competitive

19 service which is not in an Executive agency;

20 but does not include a member of the uniformed

21 services;

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

23 for which any candidate is nominated or elected as

24 representing a party any of whose candidates for

25 Presidential elector received votes in the last preced26 ing election at which Presidential electors were se-
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1 lected, but shall exclude any office or position within

2 a political party or affiliated organization; and

3 ‘‘(3) ‘political contribution’—

4 ‘‘(A) means any gift, subscription, loan,

5 advance, or deposit of money or anything of

6 value, made for any political purpose;

7 ‘‘(B) includes any contract, promise, or

8 agreement, express or implied, whether or not

9 legally enforceable, to make a contribution for

10 any political purpose;

11 ‘‘(C) includes any payment by any person,

12 other than a candidate or a political party or

13 affiliated organization, of compensation for the

14 personal services of another person which are

15 rendered to any candidate or political party or

16 affiliated organization without charge for any

17 political purpose; and

18 ‘‘(D) includes the provision of personal

19 services for any political purpose.

20 ‘‘§ 7323. Political activity authorized; prohibitions

21 ‘‘(a) Subject to the provisions of subsection (b), an

22 employee may take an active part in political management

23 or in political campaigns, except an employee may not—
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1 ‘‘(1) use his official authority or influence for

2 the purpose of interfering with or affecting the re3 sult of an election;

4 ‘‘(2) knowingly solicit, accept, or receive a polit5 ical contribution from any person, unless such

6 person is—

7 ‘‘(A) a member of the same Federal labor

8 organization as defined under section 7103(4)

9 of this title or a Federal employee organization

10 which as of the date of enactment of the Hatch

11 Act Reform Amendments of 1993 had a

12 multicandidate political committee (as defined

13 under section 315(a)(4) of the Federal Election

14 Campaign Act of 1971 (2 U.S.C. 441a(a)(4)));

15 ‘‘(B) not a subordinate employee; and

16 ‘‘(C) the solicitation is for a contribution

17 to the multicandidate political committee (as

18 defined under section 315(a)(4) of the Federal

19 Election Campaign Act of 1971 (2 U.S.C.

20 441a(a)(4))) of such Federal labor organization

21 as defined under section 7103(4) of this title or

22 a Federal employee organization which as of

23 the date of the enactment of the Hatch Act Re24 form Amendments of 1993 had a

25 multicandidate political committee (as defined
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1 under section 315(a)(4) of the Federal Election

2 Campaign Act of 1971 (2 U.S.C. 441a(a)(4)));

3 or

4 ‘‘(3) run for the nomination or as a candidate

5 for election to a partisan political office; or

6 ‘‘(4) knowingly solicit or discourage the partici7 pation in any political activity of any person who—

8 ‘‘(A) has an application for any compensa9 tion, grant, contract, ruling, license, permit, or

10 certificate pending before the employing office

11 of such employee; or

12 ‘‘(B) is the subject of or a participant in

13 an ongoing audit, investigation, or enforcement

14 action being carried out by the employing office

15 of such employee.

16 ‘‘(b)(1) An employee of the Federal Election Commis17 sion (except one appointed by the President, by and with

18 the advice and consent of the Senate), may not request

19 or receive from, or give to, an employee, a Member of Con20 gress, or an officer of a uniformed service a political

21 contribution.

22 ‘‘(2) No employee of the Federal Election Commis23 sion (except one appointed by the President, by and with

24 the advice and consent of the Senate), may take an active

25 part in political management or political campaigns.
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1 ‘‘(3) For purposes of this subsection, the term ‘active

2 part in political management or in a political campaign’

3 means those acts of political management or political cam4 paigning which were prohibited for employees of the com5 petitive service before July 19, 1940, by determinations

6 of the Civil Service Commission under the rules prescribed

7 by the President.

8 ‘‘§ 7324. Political activities on duty; prohibition

9 ‘‘(a) An employee may not engage in political

10 activity—

11 ‘‘(1) while the employee is on duty;

12 ‘‘(2) in any room or building occupied in the

13 discharge of official duties by an individual employed

14 or holding office in the Government of the United

15 States or any agency or instrumentality thereof;

16 ‘‘(3) while wearing a uniform or official insignia

17 identifying the office or position of the employee; or

18 ‘‘(4) using any vehicle owned or leased by the

19 Government of the United States or any agency or

20 instrumentality thereof.

21 ‘‘(b)(1) An employee described in paragraph (2) of

22 this subsection may engage in political activity otherwise

23 prohibited by subsection (a) if the costs associated with

24 that political activity are not paid for by money derived

25 from the Treasury of the United States.
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1 ‘‘(2) Paragraph (1) applies to an employee—

2 ‘‘(A) the duties and responsibilities of whose po3 sition continue outside normal duty hours and while

4 away from the normal duty post; and

5 ‘‘(B) who is—

6 ‘‘(i) an employee paid from an appropria7 tion for the Executive Office of the President;

8 or

9 ‘‘(ii) an employee appointed by the Presi10 dent, by and with the advice and consent of the

11 Senate, whose position is located within the

12 United States, who determines policies to be

13 pursued by the United States in relations with

14 foreign powers or in the nationwide administra15 tion of Federal laws.

16 ‘‘§ 7325. Political activity permitted; employees resid17 ing in certain municipalities

18 ‘‘The Office of Personnel Management may prescribe

19 regulations permitting employees, without regard to the

20 prohibitions in paragraphs (2) and (3) of section 7323 of

21 this title, to take an active part in political management

22 and political campaigns involving the municipality or other

23 political subdivision in which they reside, to the extent the

24 Office considers it to be in their domestic interest, when—
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1 ‘‘(1) the municipality or political subdivision is

2 in Maryland or Virginia and in the immediate vicin3 ity of the District of Columbia, or is a municipality

4 in which the majority of voters are employed by the

5 Government of the United States; and

6 ‘‘(2) the Office determines that because of spe7 cial or unusual circumstances which exist in the mu8 nicipality or political subdivision it is in the domestic

9 interest of the employees and individuals to permit

10 that political participation.

11 ‘‘§ 7326. Penalties

12 ‘‘Any employee who has been determined by the Merit

13 Systems Protection Board to have violated on two occa14 sions any provision of section 7323 or 7324 of this title,

15 shall upon such second determination by the Merit System

16 Protection Board be removed from such employee’s posi17 tion, in which event that employee may not thereafter hold

18 any position (other than an elected position) as an em19 ployee (as defined in section 7322(1) of this title). Such

20 removal shall not be effective until all available appeals

21 are final.’’.

22 (b)(1) Section 3302(2) of title 5, United States Code,

23 is amended by striking out ‘‘7203, 7321, and 7322’’ and

24 inserting in lieu thereof ‘‘and 7203’’.
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1 (2) The table of sections for subchapter III of chapter

2 73 of title 5, United States Code, is amended to read as

3 follows:

4 ‘‘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.’’.

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

6 STATES CODE.

7 Section 1216(c) of title 5, United States Code, is

8 amended to read as follows:

9 ‘‘(c) If the Special Counsel receives an allegation con10 cerning any matter under paragraph (1), (3), (4), or (5)

11 of subsection (a), the Special Counsel may investigate and

12 seek corrective action under section 1214 and disciplinary

13 action under section 1215 in the same way as if a prohib14 ited personnel practice were involved.’’.

15 SEC. 4. AMENDMENTS TO TITLE 18.

16 (a) Section 602 of title 18, United States Code, relat17 ing to solicitation of political contributions, is amended—

18 (1) by inserting ‘‘(a)’’ before ‘‘It’’;

19 (2) in paragraph (4) by striking out all that fol20 lows ‘‘Treasury of the United States’’ and inserting

21 in lieu thereof a semicolon and ‘‘to knowingly solicit

22 any contribution within the meaning of section
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1 301(8) of the Federal Election Campaign Act of

2 1971 from any other such officer, employee, or per3 son. Any person who violates this section shall be

4 fined under this title or imprisoned not more than

5 3 years, or both.’’; and

6 (3) by adding at the end thereof the following

7 new subsection:

8 ‘‘(b) The prohibition in subsection (a) shall not apply

9 to any activity of an employee (as defined in section

10 7322(1) of title 5) or any individual employed in or under

11 the United States Postal Service or the Postal Rate Com12 mission, unless that activity is prohibited by section 7323

13 or 7324 of such title.’’.

14 (b) Section 603 of title 18, United States Code, relat15 ing to making political contributions, is amended by add16 ing at the end thereof the following new subsection:

17 ‘‘(c) The prohibition in subsection (a) shall not apply

18 to any activity of an employee (as defined in section

19 7322(1) of title 5) or any individual employed in or under

20 the United States Postal Service or the Postal Rate Com21 mission, unless that activity is prohibited by section 7323

22 or 7324 of such title.’’.

23 (c)(1) Chapter 29 of title 18, United States Code,

24 relating to elections and political activities is amended by

25 adding at the end thereof the following new section:
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1 ‘‘§ 610. Coercion of political activity

2 ‘‘It shall be unlawful for any person to intimidate,

3 threaten, command, or coerce, or attempt to intimidate,

4 threaten, command, or coerce, any employee of the Fed5 eral Government as defined in section 7322(1) of title 5,

6 United States Code, to engage in, or not to engage in,

7 any political activity, including, but not limited to, voting

8 or refusing to vote for any candidate or measure in any

9 election, making or refusing to make any political con10 tribution, or working or refusing to work on behalf of any

11 candidate. Any person who violates this section shall be

12 fined not more than $5,000 or imprisoned not more than

13 three years, or both.’’.

14 (2) The table of sections for chapter 29 of title 18,

15 United States Code, is amended by adding at the end

16 thereof the following:

‘‘610. Coercion of political activity.’’.

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

18 Section 6 of the Voting Rights Act of 1965 (42

19 U.S.C. 1973d) is amended by striking out ‘‘the provisions

20 of section 9 of the Act of August 2, 1939, as amended

21 (5 U.S.C. 118i), prohibiting partisan political activity’’

22 and by inserting in lieu thereof ‘‘the provisions of sub23 chapter III of chapter 73 of title 5, United States Code,

24 relating to political activities’’.
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1 SEC. 6. AMENDMENTS RELATING TO APPLICATION OF

2 CHAPTER 15 OF TITLE 5, UNITED STATES

3 CODE.

4 (a) Section 1501(1) of title 5, United States Code,

5 is amended by inserting ‘‘, the District of Columbia,’’ after

6 ‘‘State’’.

7 (b) Section 675(e) of the Community Services Block

8 Grant Act (42 U.S.C. 9904(e)) is repealed.

9 SEC. 7. APPLICABILITY TO POSTAL EMPLOYEES.

10 The amendments made by this Act, and any regula11 tions thereunder, shall apply with respect to employees of

12 the United States Postal Service and the Postal Rate

13 Commission, pursuant to sections 410(b) and 3604(e) of

14 title 39, United States Code.

15 SEC. 8. EFFECTIVE DATE.

16 (a) The amendments made by this Act shall take ef17 fect 120 days after the date of the enactment of this Act,

18 except that the authority to prescribe regulations granted

19 under section 7325 of title 5, United States Code (as

20 added by section 2 of this Act), shall take effect on the

21 date of the enactment of this Act.

22 (b) Any repeal or amendment made by this Act of

23 any provision of law shall not release or extinguish any

24 penalty, forfeiture, or liability incurred under that provi25 sion, and that provision shall be treated as remaining

26 in force for the purpose of sustaining any proper proceed-
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1 ing or action for the enforcement of that penalty, for2 feiture, or liability.

3 (c) No provision of this Act shall affect any proceed4 ings with respect to which the charges were filed on or

5 before the effective date of the amendments made by this

6 Act. Orders shall be issued in such proceedings and ap7 peals shall be taken therefrom as if this Act had not been

8 enacted.

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