Union Calendar No. 6

103D CONGRESS

1ST SESSION H. R. 20

[Report No. 103–16]

A BILL

To amend title 5, United States Code, to restore to

for other purposes.ployees from improper political solicitations, andcal processes of the Nation, to protect such empate voluntarily, as private citizens, in the politiFederal civilian employees their right to particiFEBRUARY 22, 1993

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed
IB

Union Calendar No. 6

103D CONGRESS

1ST SESSION H. R. 20

[Report No. 103–16]

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 HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

Mr. CLAY (for himself and Mr. MYERS of Indiana) introduced the following

bill; which was referred to the Committee on Post Office and Civil Service

FEBRUARY 22, 1993

Additional sponsors: Mr. RIDGE, Mr. ABERCROMBIE, Mr. ACKERMAN, Mr. ANDREWS of Texas, Mr. ANDREWS of New Jersey, Mr. ANDREWS of Maine,

Mr. BACCHUS of Florida, Mr. BEREUTER, Mr. BISHOP, Mr. BLACKWELL,

Mr. BOEHLERT, Mr. BONIOR, Mr. BORSKI, Mr. BOUCHER, Mr.

BROWDER, Mr. BROWN of California, Mr. BROWN of Ohio, Mrs. BYRNE,

Mr. CARDIN, Mr. CLEMENT, Mr. CLYBURN, Mr. COLEMAN, Mr. CONYERS, Mr. COOPER, Mr. COSTELLO, Mr. DEFAZIO, Mr. DE LUGO, Mr.

DEUTSCH, Mr. DICKS, Mr. DURBIN, Mr. EDWARDS of California, Ms.

ESHOO, Mr. EVANS, Mr. FILNER, Mr. FORD of Michigan, Mr. FRANK of

Massachusetts, Mr. FROST, Mr. GEJDENSON, Mr. GONZALEZ, Mr. GORDON, Mr. GENE GREEN of Texas, Mr. HALL of Ohio, Mr. HEFNER, Mr.

HOCHBRUECKNER, Mr. HOLDEN, Mr. HUGHES, Mr. KANJORSKI, Mr.

KLECZKA, Mr. KOPETSKI, Mr. LAFALCE, Mr. LIPINSKI, Mr. MCCLOSKEY, Mr. MCHUGH, Mr. MCNULTY, Mr. MACHTLEY, Mrs. MALONEY, Mr.

MAZZOLI, Mr. MEEHAN, Mr. MILLER of California, Mr. MINETA, Ms.

MOLINARI, Mrs. MORELLA, Mr. MORAN, Mr. MURTHA, Ms. NORTON, Mr.

OLVER, Mr. OWENS, Mr. PALLONE, Ms. PELOSI, Mr. PENNY, Mr. PETERSON of Minnesota, Mr. PETERSON of Florida, Mr. POSHARD, Mr.

PRICE of North Carolina, Mr. QUILLEN, Mr. RICHARDSON, Mr. RUSH,

Mr. SANDERS, Mr. SAWYER, Mr. SAXTON, Mrs. SCHROEDER, Mr. SCHUMER, Mr. SHAYS, Mr. SKAGGS, Mr. SOLOMON, Mr. STARK, Mr. STOKES,

Mr. STUDDS, Mr. THOMAS of California, Mrs. UNSOELD, Mr. WASHING-
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TON, Mr. WATT, Mr. WAXMAN, Mr. WELDON, Mr. WILLIAMS, Mr. WISE,

Mr. WYNN, Mr. KREIDLER, Mr. GEPHARDT, Mr. MARKEY, Mr.

HOAGLAND, Mr. NEAL of Massachusetts, Mr. MATSUI, Mr. SWIFT, Mr.

LAROCCO, Mr. KING, Mr. MCDERMOTT, Mr. CHAPMAN, Mr. KILDEE, Mr.

HASTINGS, Mr. MCCURDY, Mr. DIXON, Ms. LONG, Mr. FAZIO, Mr.

HINCHEY, Mr. MURPHY, Mr. HAMILTON, Mr. DINGELL, Mr. GUTIERREZ,

Mr. LANCASTER, Mr. BARLOW, Mr. COYNE, Mr. RAVENEL, Mr. OBERSTAR, Mr. RAHALL, Mr. JACOBS, Mr. JOHNSTON of Florida, Mr. BREWSTER, Ms. FURSE, Mr. REYNOLDS, Mr. REED, Ms. KAPTUR, Mr. SABO,

Mr. SARPALIUS, Mr. MOLLOHAN, Mr. SMITH of New Jersey, Mrs. MEEK,

Ms. WATERS, Mr. GILMAN, Mr. MARTINEZ, Mr. VENTO, Mr.

SANGMEISTER, Mr. WHEAT, Mr. MONTGOMERY, Mr. SISISKY, Mr.

TORRES, Mrs. KENNELLY, Mr. MINGE, Mr. DOOLEY, Mr. YOUNG of

Alaska, Mr. TUCKER, Mr. ROEMER, Mr. HAYES of Louisiana, Mr. VISCLOSKY, Mr. EMERSON, Mr. SWETT, Mr. RANGEL, Mr. TOWNS, Mr.

ORTON, Mr. KLEIN, Mr. KLINK, Mr. FALEOMAVAEGA, Ms. SHEPHERD,

Mr. BILBRAY, Mrs. LLOYD, Mr. MCHALE, Ms. CANTWELL, Mr. UPTON,

Mr. TANNER, Mr. LEVIN, Mr. ENGLISH of Oklahoma, Mr. POMEROY, Mr.

BERMAN, Mr. MANTON, Mr. HAMBURG, Mrs. COLLINS of Illinois, Mr.

GALLO, Mr. PARKER, Mr. TORRICELLI, Mr. NADLER, Mr. HOYER, Mr.

CRAMER, Mr. STUPAK, Mr. GOODLING, Mr. LEWIS of Georgia, Ms.

MCKINNEY, Ms. WOOLSEY, Mrs. CLAYTON, Mr. PAYNE of New Jersey,

Mr. JOHNSON of South Dakota, Mr. UNDERWOOD, Ms. DANNER, Mr.

BECERRA, Mr. ENGEL, Mr. SCOTT, Mr. NEAL of North Carolina, Mr.

WALSH, Ms. SCHENK, Mrs. LOWEY, Mr. LANTOS, Mr. DELLUMS, Mr.

TRAFICANT, Mr. APPLEGATE, Mr. WYDEN, Mr. SKELTON, Mr. ZELIFF,

Mr. SLATTERY, Mr. FINGERHUT, Ms. SLAUGHTER, Mr. THORNTON, Mr.

VOLKMER, Ms. HARMAN, Ms. DELAURO, Mr. SPRATT, Mr. PAYNE of Virginia, Ms. VELA ́ZQUEZ, Mr. FISH, Mr. MFUME, Mr. GRANDY, Mr. ROWLAND, Mr. PETE GEREN of Texas, Mr. STRICKLAND, Mr. COPPERSMITH,

Mr. DARDEN, Mr. ROMERO-BARCELO ́, Mr. CARR, Mr. KENNEDY, Mr.

BARCIA, Mr. CONDIT, Mr. SYNAR, Mr. PASTOR, Mr. OBEY, Mr. LEHMAN,

Mrs. MINK, Mr. TAYLOR of Mississippi, Mr. MENENDEZ, Mr. TEJEDA,

Mrs. THURMAN, Ms. ROYBAL-ALLARD, Mr. SHARP, Ms. MARGOLIESMEZVINSKY, Mr. HOUGHTON, Mr. BRYANT, Ms. BROWN of Florida, Mr.

CLINGER, Miss COLLINS of Michigan, Mr. EDWARDS of Texas, Ms. ENGLISH of Arizona, Mr. FLAKE, Mr. GLICKMAN, Mr. INSLEE, Ms. E.B.

JOHNSON of Texas, Mr. LAUGHLIN, Mr. PICKETT, Mr. SERRANO, Mr.

TAUZIN, Mr. WILSON, Mr. FORD of Tennessee, and Mr. HILLIARD

FEBRUARY 22, 1993

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

A BILL

To amend title 5, United States Code, to restore to Federal
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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 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Federal Employees Po5 litical Activities Act of 1993’’.

6 SEC. 2. POLITICAL ACTIVITIES.

7 (a) IN GENERAL.—Subchapter III of chapter 73 of

8 title 5, United States Code, is amended to read as follows:

9 ‘‘SUBCHAPTER III—POLITICAL ACTIVITIES

10 ‘‘§ 7321. Political participation

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

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

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

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

15 from participating in the political processes of our Nation.

16 ‘‘§ 7322. Definitions

17 ‘‘For the purpose of this subchapter—

18 ‘‘(1) the term ‘employee’ means any individ19 ual—

20 ‘‘(A) employed or holding office in an Ex21 ecutive agency, other than the General Account22 ing Office; or
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1 ‘‘(B) employed in a position within the

2 competitive service which is not in an Executive

3 agency;

4 but does not include the President or the Vice Presi5 dent, or a member of the uniformed services;

6 ‘‘(2) the term ‘candidate’ means any individual

7 who seeks nomination for election, or election, to any

8 elective office, whether or not the individual is elect9 ed, and, for the purpose of this paragraph, an indi10 vidual shall be considered to seek nomination for

11 election, or election, to an elective office, if the indi12 vidual has—

13 ‘‘(A) taken the action required to qualify

14 for nomination for election, or election, to that

15 office; or

16 ‘‘(B) received any political contribution

17 (other than any personal services described in

18 paragraph (3)(C)) or made any expenditure, or

19 has given consent for any other person to re20 ceive any political contribution (other than any

21 such personal services) or make any expendi22 ture, with a view to bringing about the individ23 ual’s nomination for election, or election, to

24 that office;
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1 ‘‘(3) the term ‘political contribution’ means any

2 gift, subscription, loan, advance, or deposit of money

3 or anything of value, made for any political purpose,

4 and includes—

5 ‘‘(A) any contract, promise, or agreement,

6 express or implied, whether or not legally en7 forceable, to make a contribution for any politi8 cal purpose;

9 ‘‘(B) any payment by any person, other

10 than a candidate or a political party or affili11 ated organization, of compensation for the per12 sonal services of another person which are

13 rendered to any candidate or political party or

14 affiliated organization without charge for any

15 political purpose; and

16 ‘‘(C) the provision of personal services for

17 any political purpose;

18 ‘‘(4) the term ‘superior’ means any employee

19 who exercises supervision of, or control or adminis20 trative direction over, another employee;

21 ‘‘(5) the term ‘elective office’ means any elective

22 public office and any elective office of any political

23 party or affiliated organization;

24 ‘‘(6) the term ‘person’ includes any individual,

25 corporation, trust, association, State, local, or for-
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1 eign government, territory or possession of the Unit2 ed States, or agency or instrumentality of any of the

3 foregoing; and

4 ‘‘(7) the term ‘Special Counsel’ means the Spe5 cial Counsel appointed under section 1211(b).

6 ‘‘§ 7323. Use of official influence or official informa7 tion; prohibition

8 ‘‘(a) An employee may not directly or indirectly use

9 or attempt to use the official authority or influence of the

10 employee for the purpose of—

11 ‘‘(1) interfering with or affecting the result of

12 any election; or

13 ‘‘(2) intimidating, threatening, coercing, com14 manding, influencing, or attempting to intimidate,

15 threaten, coerce, command, or influence—

16 ‘‘(A) any individual for the purpose of

17 interfering with the right of any individual to

18 vote as the individual may choose, or of causing

19 any individual to vote, or not to vote, for any

20 candidate or measure in any election;

21 ‘‘(B) any person to give or withhold any

22 political contribution; or

23 ‘‘(C) any person to engage, or not to en24 gage, in any form of political activity.
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1 ‘‘(b) An employee may not directly or indirectly use

2 or attempt to use, or permit the use of, any official infor3 mation obtained through or in connection with such em4 ployee’s employment for any political purpose, unless the

5 official information is available to the general public.

6 ‘‘(c) For the purpose of subsection (a), ‘use of official

7 authority or influence’ includes—

8 ‘‘(1) promising to confer or conferring any ben9 efit (such as any compensation, grant, contract, li10 cense, or ruling) or effecting or threatening to effect

11 any reprisal (such as deprivation of any compensa12 tion, grant, contract, license, or ruling); or

13 ‘‘(2) taking, directing others to take, rec14 ommending, processing, or approving any personnel

15 action.

16 ‘‘(d) Nothing in this section shall be considered to

17 apply with respect to any actions if, or to the extent that,

18 such actions are taken in order to carry out the duties

19 and responsibilities of one’s position.

20 ‘‘§ 7324. Solicitation; prohibition

21 ‘‘(a) An employee may not—

22 ‘‘(1) give or offer to give a political contribution

23 to any individual either to vote or refrain from vot24 ing, or to vote for or against any candidate or meas25 ure, in any election;
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1 ‘‘(2) solicit, accept, or receive a political con2 tribution to vote or refrain from voting, or to vote

3 for or against any candidate or measure, in any elec4 tion;

5 ‘‘(3) knowingly give or hand over a political

6 contribution to a superior of the employee; or

7 ‘‘(4) knowingly solicit, accept, or receive, or be

8 in any manner concerned with soliciting, accepting,

9 or receiving, a political contribution—

10 ‘‘(A) from another employee (or a member

11 of another employee’s immediate family) with

12 respect to whom the employee is a superior; or

13 ‘‘(B) in any room or building occupied in

14 the discharge of official duties by—

15 ‘‘(i) an individual employed or holding

16 office in the Government of the United

17 States; or

18 ‘‘(ii) an individual receiving any salary

19 or compensation for services from money

20 derived from the Treasury of the United

21 States.

22 ‘‘(b)(1) In addition to the prohibitions of subsection

23 (a), an employee may not knowingly solicit, accept, or re24 ceive a political contribution from, or give a political con25 tribution to, any person who—
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1 ‘‘(A) has, or is seeking to obtain, contractual or

2 other business or financial relations with the agency

3 in which the employee is employed;

4 ‘‘(B) conducts operations or activities which are

5 regulated by that agency; or

6 ‘‘(C) has interests which may be substantially

7 affected by the performance or nonperformance of

8 the employee’s official duties.

9 ‘‘(2) The Special Counsel shall prescribe regulations

10 which exempt an employee from the application of para11 graph (1) with respect to any political contribution to or

12 from an individual who has a familial or personal relation13 ship with the employee if the employee complies with such

14 requirements as the Special Counsel shall so prescribe

15 which relate to the disqualification of the employee from

16 engaging in any official activity involving the individual.

17 ‘‘(3) The Special Counsel shall prescribe regulations

18 under which paragraph (1) shall not apply with respect

19 to any political contribution from a person in situations

20 in which the facts and circumstances indicate there would

21 not be any adverse effect on the integrity of the Govern22 ment or the public’s confidence in the integrity of the Gov23 ernment.
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1 ‘‘§ 7325. Political activities on duty, etc.; prohibition

2 ‘‘(a) An employee may not engage in political activ3 ity—

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

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

6 discharge of official duties by an individual employed

7 or holding office in the Government of the United

8 States or any agency or instrumentality thereof;

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

10 identifying the office or position of the employee; or

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

12 Government of the United States or any agency or

13 instrumentality thereof.

14 ‘‘(b)(1) An employee described in paragraph (2) may

15 engage in political activity otherwise prohibited by sub16 section (a) if the costs associated with that political activ17 ity are not paid for by money derived from the Treasury

18 of the United States.

19 ‘‘(2) Paragraph (1) applies to an employee—

20 ‘‘(A) the duties and responsibilities of whose po21 sition continue outside normal duty hours and while

22 away from the normal duty post; and

23 ‘‘(B) who is—

24 ‘‘(i) paid from an appropriation for the Ex25 ecutive Office of the President; or
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1 ‘‘(ii) appointed by the President, by and

2 with the advice and consent of the Senate,

3 whose position is located within the United

4 States, who determines policies to be pursued

5 by the United States in its relations with for6 eign powers or in the nationwide administration

7 of Federal laws.

8 ‘‘§ 7326. Candidates for elective office; leave

9 ‘‘(a) Except as provided in subsection (c), an em10 ployee who is a candidate shall, upon the request of the

11 employee, be granted leave without pay for the purpose

12 of allowing the employee to engage in activities relating

13 to that candidacy.

14 ‘‘(b) Notwithstanding section 6302(d), and except as

15 provided in subsection (c), an employee who is a candidate

16 shall, upon the request of the employee, be granted ac17 crued annual leave for the purpose of allowing the em18 ployee to engage in activities relating to that candidacy.

19 Leave under this subsection shall be in addition to leave

20 without pay to which the employee may be entitled under

21 subsection (a).

22 ‘‘(c) A request for leave submitted under subsection

23 (a) or (b) may be denied if the exigencies of the public

24 business so require. Any such denial shall be in writing
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1 and shall be accompanied by a statement of the reasons

2 why the request is being denied.

3 ‘‘(d) An employee may not be required to take leave

4 without pay under subsection (a), or accrued annual leave

5 under subsection (b), in order to be a candidate, unless

6 the activities relating to the candidacy interfere with the

7 employee’s performance of the duties of the position.

8 ‘‘§ 7327. Regulations

9 ‘‘The Special Counsel shall prescribe any rules and

10 regulations necessary to carry out this subchapter.’’.

11 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

12 (1) Section 3302(2) of title 5, United States Code, is

13 amended by striking ‘‘7203, 7321, and 7322’’ and insert14 ing ‘‘and 7203’’.

15 (2)(A) Sections 8332(k)(1), 8706(c), and 8906(e)(2)

16 of title 5, United States Code, are each amended by insert17 ing immediately after ‘‘who enters on’’ the following:

18 ‘‘leave without pay granted under section 7326(a) of this

19 title, or who enters on’’.

20 (B) Section 8411(e) of title 5, United States Code,

21 is amended by inserting immediately before ‘‘approved

22 leave without pay’’ the following: ‘‘leave without pay

23 granted under section 7326(a) of this title, or’’.
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1 (3) The section analysis for subchapter III of chapter

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

3 follows:

‘‘SUBCHAPTER III—POLITICAL ACTIVITIES

‘‘7321. Political participation.

‘‘7322. Definitions.

‘‘7323. Use of official influence or official information; prohibition.

‘‘7324. Solicitation; prohibition.

‘‘7325. Political activities on duty, etc.; prohibition.

‘‘7326. Candidates for elective office; leave.

‘‘7327. Regulations.’’.

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

5 amended—

6 (A) by striking paragraph (1); and

7 (B) in paragraph (2), by striking ‘‘(2) If’’ and

8 inserting ‘‘If’’.

9 (c) AMENDMENTS TO TITLE 18.—(1) Section 602 of

10 title 18, United States Code, relating to solicitation of po11 litical contributions, is amended—

12 (A) by inserting ‘‘(a)’’ before ‘‘It’’;

13 (B) by striking all that follows ‘‘Treasury of the

14 United States’’ and inserting a semicolon and the

15 following:

16 ‘‘to knowingly solicit any contribution within the meaning

17 of section 301(8) of the Federal Election Campaign Act

18 of 1971 from any other such officer, employee, or person.

19 Any person who violates this section shall be fined under

20 this title or imprisoned not more than three years, or

21 both.’’; and
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1 (C) by adding at the end the following:

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

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

4 7322(1) of title 5) or any individual employed in or under

5 the United States Postal Service or the Postal Rate Com6 mission, unless that activity is prohibited by section 7323

7 or 7324 of that title.’’.

8 (2) Section 603 of title 18, United States Code, relat9 ing to making political contributions, is amended by add10 ing at the end thereof the following new subsection:

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

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

13 7322(1) of title 5) or any individual employed in or under

14 the United States Postal Service or the Postal Rate Com15 mission, unless that activity is prohibited by section 7324

16 of that title.’’.

17 (d) AMENDMENTS TO THE VOTING RIGHTS ACT OF

18 1965.—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 (e) APPLICABILITY TO POSTAL OFFICERS AND EM2 PLOYEES.—

3 (1) IN GENERAL.—The amendments made by

4 this section, and any regulations thereunder, shall

5 apply with respect to officers and employees of the

6 United States Postal Service and the Postal Rate

7 Commission, pursuant to sections 410(b) and

8 3604(e) of title 39, United States Code.

9 (2) INVESTIGATIVE AND ENFORCEMENT AU10 THORITY.—The Special Counsel (appointed under

11 section 1211(b) of title 5, United States Code) may

12 conduct investigations and seek disciplinary action

13 with respect to any officer or employee referred to

14 in paragraph (1) in accordance with applicable pro15 visions of chapter 12 of such title.

16 SEC. 3. EFFECTIVE DATE.

17 (a) IN GENERAL.—The amendments made by this

18 Act shall take effect 120 days after the date of the enact19 ment of this Act, except that the authority to prescribe

20 regulations granted under section 7327 of title 5, United

21 States Code (as added by section 2 of this Act), shall take

22 effect on the date of the enactment of this Act.

23 (b) PENALTIES NOT AFFECTED.—Any repeal or

24 amendment made by this Act of any provision of law shall

25 not release or extinguish any penalty, forfeiture, or liabil-
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1 ity imposed under that provision, and that provision shall

2 be treated as remaining in force for the purpose of sus3 taining any proper proceeding or action for the enforce4 ment of that penalty, forfeiture, or liability.

5 (c) PENDING PROCEEDINGS NOT AFFECTED.—No

6 provision of this Act shall affect any judicial or adminis7 trative proceeding commenced on or before the effective

8 date of the amendments made by this Act. Orders shall

9 be issued in such proceedings and appeals shall be taken

10 therefrom as if this Act had not been enacted.

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