IIA

103D CONGRESS

1ST SESSION H. R. 20

IN THE SENATE OF THE UNITED STATES

MARCH 4 (legislative day, MARCH 3), 1993

Received; read twice and referred to the Committee on Governmental Affairs

AN ACT

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 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Federal Employees Po5 litical Activities Act of 1993’’.
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1 SEC. 2. POLITICAL ACTIVITIES.

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

3 title 5, United 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 our Nation.

11 ‘‘§ 7322. Definitions

12 ‘‘For the purpose of this subchapter—

13 ‘‘(1) the term ‘employee’ means any individ14 ual—

15 ‘‘(A) employed or holding office in an Ex16 ecutive agency, other than the General Account17 ing Office; or

18 ‘‘(B) employed in a position within the

19 competitive service which is not in an Executive

20 agency;

21 but does not include the President or the Vice Presi22 dent, or a member of the uniformed services;

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

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

25 elective office, whether or not the individual is elect26 ed, and, for the purpose of this paragraph, an indi-
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1 vidual shall be considered to seek nomination for

2 election, or election, to an elective office, if the indi3 vidual has—

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

5 for nomination for election, or election, to that

6 office; or

7 ‘‘(B) received any political contribution

8 (other than any personal services described in

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

10 has given consent for any other person to re11 ceive any political contribution (other than any

12 such personal services) or make any expendi13 ture, with a view to bringing about the individ14 ual’s nomination for election, or election, to

15 that office;

16 ‘‘(3) the term ‘political contribution’ means any

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

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

19 and includes—

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

21 express or implied, whether or not legally en22 forceable, to make a contribution for any politi23 cal purpose;

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

25 than a candidate or a political party or affili-
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1 ated organization, of compensation for the per2 sonal services of another person which are

3 rendered to any candidate or political party or

4 affiliated organization without charge for any

5 political purpose; and

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

7 any political purpose;

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

9 who exercises supervision of, or control or adminis10 trative direction over, another employee;

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

12 public office and any elective office of any political

13 party or affiliated organization;

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

15 corporation, trust, association, State, local, or for16 eign government, territory or possession of the Unit17 ed States, or agency or instrumentality of any of the

18 foregoing; and

19 ‘‘(7) the term ‘Special Counsel’ means the Spe20 cial Counsel appointed under section 1211(b).

21 ‘‘§ 7323. Use of official influence or official informa22 tion; prohibition

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

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

25 employee for the purpose of—
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1 ‘‘(1) interfering with or affecting the result of

2 any election; or

3 ‘‘(2) intimidating, threatening, coercing, com4 manding, influencing, or attempting to intimidate,

5 threaten, coerce, command, or influence—

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

7 interfering with the right of any individual to

8 vote as the individual may choose, or of causing

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

10 candidate or measure in any election;

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

12 political contribution; or

13 ‘‘(C) any person to engage, or not to en14 gage, in any form of political activity.

15 ‘‘(b) An employee may not directly or indirectly use

16 or attempt to use, or permit the use of, any official infor17 mation obtained through or in connection with such em18 ployee’s employment for any political purpose, unless the

19 official information is available to the general public.

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

21 authority or influence’ includes—

22 ‘‘(1) promising to confer or conferring any ben23 efit (such as any compensation, grant, contract, li24 cense, or ruling) or effecting or threatening to effect
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1 any reprisal (such as deprivation of any compensa2 tion, grant, contract, license, or ruling); or

3 ‘‘(2) taking, directing others to take, rec4 ommending, processing, or approving any personnel

5 action.

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

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

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

9 and responsibilities of one’s position.

10 ‘‘§ 7324. Solicitation; prohibition

11 ‘‘(a) An employee may not—

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

13 to any individual either to vote or refrain from vot14 ing, or to vote for or against any candidate or meas15 ure, in any election;

16 ‘‘(2) solicit, accept, or receive a political con17 tribution to vote or refrain from voting, or to vote

18 for or against any candidate or measure, in any elec19 tion;

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

21 contribution to a superior of the employee; or

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

23 in any manner concerned with soliciting, accepting,

24 or receiving, a political contribution—
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1 ‘‘(A) from another employee (or a member

2 of another employee’s immediate family) with

3 respect to whom the employee is a superior; or

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

5 the discharge of official duties by—

6 ‘‘(i) an individual employed or holding

7 office in the Government of the United

8 States; or

9 ‘‘(ii) an individual receiving any salary

10 or compensation for services from money

11 derived from the Treasury of the United

12 States.

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

14 (a), an employee may not knowingly solicit, accept, or re15 ceive a political contribution from, or give a political con16 tribution to, any person who—

17 ‘‘(A) has, or is seeking to obtain, contractual or

18 other business or financial relations with the agency

19 in which the employee is employed;

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

21 regulated by that agency; or

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

23 affected by the performance or nonperformance of

24 the employee’s official duties.
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1 ‘‘(2) The Special Counsel shall prescribe regulations

2 which exempt an employee from the application of para3 graph (1) with respect to any political contribution to or

4 from an individual who has a familial or personal relation5 ship with the employee if the employee complies with such

6 requirements as the Special Counsel shall so prescribe

7 which relate to the disqualification of the employee from

8 engaging in any official activity involving the individual.

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

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

11 to any political contribution from a person in situations

12 in which the facts and circumstances indicate there would

13 not be any adverse effect on the integrity of the Govern14 ment or the public’s confidence in the integrity of the Gov15 ernment.

16 ‘‘§ 7325. Political activities on duty, etc.; prohibition

17 ‘‘(a) An employee may not engage in political activ18 ity—

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

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

21 discharge of official duties by an individual employed

22 or holding office in the Government of the United

23 States or any agency or instrumentality thereof;

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

25 identifying the office or position of the employee; or
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1 ‘‘(4) using any vehicle owned or leased by the

2 Government of the United States or any agency or

3 instrumentality thereof.

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

5 engage in political activity otherwise prohibited by sub6 section (a) if the costs associated with that political activ7 ity are not paid for by money derived from the Treasury

8 of the United States.

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

10 ‘‘(A) the duties and responsibilities of whose po11 sition continue outside normal duty hours and while

12 away from the normal duty post; and

13 ‘‘(B) who is—

14 ‘‘(i) paid from an appropriation for the Ex15 ecutive Office of the President; or

16 ‘‘(ii) appointed by the President, by and

17 with the advice and consent of the Senate,

18 whose position is located within the United

19 States, who determines policies to be pursued

20 by the United States in its relations with for21 eign powers or in the nationwide administration

22 of Federal laws.
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1 ‘‘§ 7326. Candidates for elective office; leave

2 ‘‘(a) Except as provided in subsection (b), an em3 ployee may not seek nomination for election, or election,

4 to any Federal or State-wide elective public office.

5 ‘‘(b) Subsection (a) shall not prohibit an employee

6 from seeking nomination for election, or election, to an

7 elective public office if no person is seeking to be nomi8 nated for, or elected to, such office as the candidate of

9 a party any of whose candidates for presidential elector

10 received votes in the last preceding election at which presi11 dential electors were selected.

12 ‘‘(c) The standards applicable under section 7322(2)

13 in determining whether an individual is seeking nomina14 tion for election, or election, to an office shall apply for

15 purposes of making any such determination under this

16 section.

17 ‘‘(d)(1) This subsection shall apply with respect to

18 a candidate for any elective office, except that, in the case

19 of an elective public office, this subsection shall not apply

20 unless the office is one which may be sought by the em21 ployee involved under the preceding provisions of this sec22 tion.

23 ‘‘(2) Except as provided in paragraph (3), an em24 ployee who is a candidate shall, upon the request of the

25 employee, and for the purpose of allowing the employee

26 to engage in activities relating to that candidacy—
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1 ‘‘(A) be granted leave without pay; and

2 ‘‘(B) notwithstanding section 6302(d), be

3 granted accrued annual leave.

4 ‘‘(3) A request for leave under subparagraph (A) or

5 (B) of paragraph (2) may be denied if the exigencies of

6 the public business so require. Any such denial shall be

7 in writing and shall be accompanied by a statement of the

8 reasons why the request is being denied.

9 ‘‘(4) An employee may not be required to take leave

10 without pay under paragraph (2)(A), or accrued annual

11 leave under paragraph (2)(B), in order to be a candidate,

12 unless the activities relating to the candidacy interfere

13 with the employee’s performing the duties of such employ14 ee’s position.

15 ‘‘§ 7327. Continued applicability of former provisions

16 ‘‘(a) This subchapter shall, with respect to employees

17 of the Federal Election Commission, be administered in

18 accordance with the following:

19 ‘‘(1) The provisions of this subchapter (as

20 amended by the Federal Employees Political Activi21 ties Act of 1993) shall be deemed to have no force

22 or effect, except for this section.

23 ‘‘(2) The provisions of this subchapter (as last

24 in effect before the amendments made by the Fed25 eral Employees Political Activities Act of 1993 took
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1 effect) shall be deemed to have remained in effect,

2 except for former section 7325.

3 ‘‘(b) For purposes of applying the provisions of chap4 ter 12 which relate to the authority of the Special Counsel

5 to conduct investigations, and to seek corrective or dis6 ciplinary action, in connection with any misconduct under

7 this subchapter, and for purposes of any other provision

8 of law, this subchapter shall, to the extent it is being ap9 plied with respect to employees of the Federal Election

10 Commission, be construed in accordance with subsection

11 (a).

12 ‘‘§ 7328. Regulations

13 ‘‘The Special Counsel shall prescribe any rules and

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

15 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

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

17 amended by striking ‘‘7203, 7321, and 7322’’ and insert18 ing ‘‘and 7203’’.

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

20 of title 5, United States Code, are each amended by insert21 ing immediately after ‘‘who enters on’’ the following:

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

23 title, or who enters on’’.

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

25 is amended by inserting immediately before ‘‘approved
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1 leave without pay’’ the following: ‘‘leave without pay

2 granted under section 7326(a) of this title, or’’.

3 (3) The section analysis for subchapter III of chapter

4 73 of title 5, United States Code, is amended to read as

5 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. Continued applicability of former provisions.

‘‘7328. Regulations.’’.

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

7 amended—

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

9 (B) in paragraph (2)—

10 (i) by striking ‘‘(2) If’’ and inserting ‘‘If’’;

11 and

12 (ii) by inserting ‘‘(1),’’ before ‘‘(3),’’.

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

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

15 ‘‘State’’.

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

17 title 18, United States Code, relating to solicitation of po18 litical contributions, is amended—

19 (A) by inserting ‘‘(a)’’ before ‘‘It’’;
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1 (B) by striking all that follows ‘‘Treasury of the

2 United States’’ and inserting a semicolon and the

3 following:

4 ‘‘to knowingly solicit any contribution within the meaning

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

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

7 Any person who violates this section shall be fined under

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

9 both.’’; and

10 (C) by adding at the end the following:

11 ‘‘(b) 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 7323

16 or 7324 of that title.’’.

17 (2) Section 603 of title 18, United States Code, relat18 ing to making political contributions, is amended by add19 ing at the end thereof the following new subsection:

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

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

22 7322(1) of title 5) or any individual employed in or under

23 the United States Postal Service or the Postal Rate Com24 mission, unless that activity is prohibited by section 7324

25 of that title.’’.
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1 (d) AMENDMENTS TO THE VOTING RIGHTS ACT OF

2 1965.—Section 6 of the Voting Rights Act of 1965 (42

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

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

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

6 and by inserting in lieu thereof ‘‘the provisions of sub7 chapter III of chapter 73 of title 5, United States Code,

8 relating to political activities’’.

9 (e) APPLICABILITY TO POSTAL OFFICERS AND EM10 PLOYEES.—

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

12 this section, and any regulations thereunder, shall

13 apply with respect to officers and employees of the

14 United States Postal Service and the Postal Rate

15 Commission, pursuant to sections 410(b) and

16 3604(e) of title 39, United States Code.

17 (2) INVESTIGATIVE AND ENFORCEMENT AU18 THORITY.—The Special Counsel (appointed under

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

20 conduct investigations and seek disciplinary action

21 with respect to any officer or employee referred to

22 in paragraph (1) in accordance with applicable pro23 visions of chapter 12 of such title.
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1 SEC. 3. EFFECTIVE DATE.

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

3 Act shall take effect 120 days after the date of the enact4 ment of this Act, except that the authority to prescribe

5 regulations granted under section 7328 of title 5, United

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

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

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

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

10 not release or extinguish any penalty, forfeiture, or liabil11 ity imposed under that provision, and that provision shall

12 be treated as remaining in force for the purpose of sus13 taining any proper proceeding or action for the enforce14 ment of that penalty, forfeiture, or liability.

15 (c) PENDING PROCEEDINGS NOT AFFECTED.—No

16 provision of this Act shall affect any judicial or adminis17 trative proceeding commenced on or before the effective

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

19 be issued in such proceedings and appeals shall be taken

20 therefrom as if this Act had not been enacted.

Passed the House of Representatives March 3,

1993.

Attest: DONNALD K. ANDERSON,

Clerk.

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