§ 7312 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 732

U.S.C. 1101 et seq., 3301, 3571, 7301, 7313, 7501(c), 7512, 7532,

and 7533; and as President of the United States, and

finding such action necessary in the best interests of

national security, it is hereby ordered as follows:

SECTION 1. Section 12 of Executive Order No. 10450 of

April 27, 1953, as amended [set out as a note under this

section], is revised to read in its entirety as follows:

‘‘SEC. 12. Executive Order No. 9835 of March 21, 1947,

as amended, is hereby revoked.’’

SEC. 2. Neither the Attorney General, nor the Subversive Activities Control Board, nor any other agency

shall designate organizations pursuant to section 12 of

Executive Order No. 10450, as amended, nor circulate

nor publish a list of organizations previously so designated. The list of organizations previously designated

is hereby abolished and shall not be used for any purpose.

SEC. 3. Subparagraph (5) of paragraph (a) of section 8

of Executive Order No. 10450, as amended, is revised to

read as follows:

‘‘Knowing membership with the specific intent of furthering the aims of, or adherence to and active participation in, any foreign or domestic organization, association, movement, group, or combination of persons

(hereinafter referred to as organizations) which unlawfully advocates or practices the commission of acts of

force or violence to prevent others from exercising

their rights under the Constitution or laws of the

United States or of any State, or which seeks to overthrow the Government of the United States or any

State or subdivision thereof by unlawful means.’’

SEC. 4. Executive Order No. 11605 of July 2, 1971, is revoked.

RICHARD NIXON.

§ 7312. Employment and clearance; individuals

removed for national security

Removal under section 7532 of this title does

not affect the right of an individual so removed

to seek or accept employment in an agency of

the United States other than the agency from

which removed. However, the appointment of an

individual so removed may be made only after

the head of the agency concerned has consulted

with the Office of Personnel Management. The

Office, on written request of the head of the

agency or the individual so removed, may determine whether the individual is eligible for employment in an agency other than the agency

from which removed.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 524; Pub. L.

95–454, title IX, §906(a)(2), (3), Oct. 13, 1978, 92

Stat. 1224.)

HISTORICAL AND REVISION NOTES

Derivation U.S. Code Revised Statutes and

Statutes at Large

.................. 5 U.S.C. 22–1 (4th and

5th provisos).

Aug. 26, 1950, ch. 803, §1 (4th

and 5th provisos), 64 Stat.

477.

The words ‘‘Removal under section 7532 of this title’’

and ‘‘so removed’’ are coextensive with and substituted

for ‘‘termination of employment herein provided’’ and

‘‘whose employment has been terminated under the

provisions of said sections’’, respectively.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined

in the preface to the report.

AMENDMENTS

1978—Pub. L. 95–454 substituted ‘‘Office of Personnel

Management’’ and ‘‘Office’’ for ‘‘Civil Service Commission’’ and ‘‘Commission’’, respectively.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95–454 effective 90 days after

Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as

a note under section 1101 of this title.

§ 7313. Riots and civil disorders

(a) An individual convicted by any Federal,

State, or local court of competent jurisdiction

of—

(1) inciting a riot or civil disorder;

(2) organizing, promoting, encouraging, or

participating in a riot or civil disorder;

(3) aiding or abetting any person in committing any offense specified in clause (1) or (2);

or

(4) any offense determined by the head of the

employing agency to have been committed in

furtherance of, or while participating in, a riot

or civil disorder;

shall, if the offense for which he is convicted is

a felony, be ineligible to accept or hold any position in the Government of the United States or

in the government of the District of Columbia

for the five years immediately following the

date upon which his conviction becomes final.

Any such individual holding a position in the

Government of the United States or the government of the District of Columbia on the date his

conviction becomes final shall be removed from

such position.

(b) For the purposes of this section, ‘‘felony’’

means any offense for which imprisonment is

authorized for a term exceeding one year.

(Added Pub. L. 90–351, title V, §1001(a), June 19,

1968, 82 Stat. 235.)

EFFECTIVE DATE

Pub. L. 90–351, title V, §1002, June 19, 1968, 82 Stat.

235, provided that: ‘‘The provisions of section 1001(a) of

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 enactment 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 providing relief for disaster victims.’’

SUBCHAPTER III—POLITICAL ACTIVITIES

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 participating in the political processes of the Nation.

(Added Pub. L. 103–94, §2(a), Oct. 6, 1993, 107 Stat.

1001.)

PRIOR PROVISIONS

A prior section 7321, Pub. L. 89–554, Sept. 6, 1966, 80

Stat. 525, related to political contributions and services
Page 733 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7322

of employees in Executive agencies or competitive

service, prior to the general revision of this subchapter

by Pub. L. 103–94.

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 sections 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 sections 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 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.’’

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 Executive Officer of the United States, and consistent

with the provisions of the Hatch Act Reform Amendment 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 confirmation, 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 Executive Officer of the United States, and consistent

with the provisions of the Hatch Act Reform Amendment 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 appointees, Presidential appointees with Senate confirmation, 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 Executive Officer of the United States, and consistent

with the provisions of the Hatch Act Reform Amendment 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 confirmation, 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 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.)

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 bodies, 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 ‘‘services;’’ 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 government 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 ‘‘Government Accountability Office’’ for ‘‘General Accounting

Office’’.