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 Na-
tion, to protect such employees from improper political
solicitations, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Federal Employees Po-
litical Activities Act of 1993’’.
SEC. 2. POLITICAL ACTIVITIES.
(a) IN GENERAL.—Subchapter III of chapter 73 of
title 5, United States Code, is amended to read as follows:
‘‘SUBCHAPTER III—POLITICAL ACTIVITIES
‘‘§ 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 our Nation.
‘‘§ 7322. Definitions
‘‘For the purpose of this subchapter—
‘‘(1) the term ‘employee’ means any individ-
ual—
‘‘(A) employed or holding office in an Ex-
ecutive agency, other than the General Account-
ing Office; or
‘‘(B) employed in a position within the
competitive service which is not in an Executive
agency;
but does not include the President or the Vice Presi-
dent, or a member of the uniformed services;
‘‘(2) the term ‘candidate’ means any individual
who seeks nomination for election, or election, to any
elective office, whether or not the individual is elect-
ed, and, for the purpose of this paragraph, an indi-
vidual shall be considered to seek nomination for
election, or election, to an elective office, if the indi-
vidual has—
‘‘(A) taken the action required to qualify
for nomination for election, or election, to that
office; or
‘‘(B) received any political contribution
(other than any personal services described in
paragraph (3)(C)) or made any expenditure, or
has given consent for any other person to re-
ceive any political contribution (other than any
such personal services) or make any expendi-
ture, with a view to bringing about the individ-
ual’s nomination for election, or election, to
that office;
‘‘(3) the term ‘political contribution’ means any
gift, subscription, loan, advance, or deposit of money
or anything of value, made for any political purpose,
and includes—
‘‘(A) any contract, promise, or agreement,
express or implied, whether or not legally en-
forceable, to make a contribution for any politi-
cal purpose;
‘‘(B) any payment by any person, other
than a candidate or a political party or affili-
ated organization, of compensation for the per-
sonal services of another person which are
rendered to any candidate or political party or
affiliated organization without charge for any
political purpose; and
‘‘(C) the provision of personal services for
any political purpose;
‘‘(4) the term ‘superior’ means any employee
who exercises supervision of, or control or adminis-
trative direction over, another employee;
‘‘(5) the term ‘elective office’ means any elective
public office and any elective office of any political
party or affiliated organization;
‘‘(6) the term ‘person’ includes any individual,
corporation, trust, association, State, local, or for-
eign government, territory or possession of the Unit-
ed States, or agency or instrumentality of any of the
foregoing; and
‘‘(7) the term ‘Special Counsel’ means the Spe-
cial Counsel appointed under section 1211(b).
‘‘§ 7323. Use of official influence or official informa-
tion; prohibition
‘‘(a) An employee may not directly or indirectly use
or attempt to use the official authority or influence of the
employee for the purpose of—
‘‘(1) interfering with or affecting the result of
any election; or
‘‘(2) intimidating, threatening, coercing, com-
manding, influencing, or attempting to intimidate,
threaten, coerce, command, or influence—
‘‘(A) any individual for the purpose of
interfering with the right of any individual to
vote as the individual may choose, or of causing
any individual to vote, or not to vote, for any
candidate or measure in any election;
‘‘(B) any person to give or withhold any
political contribution; or
‘‘(C) any person to engage, or not to en-
gage, in any form of political activity.
‘‘(b) An employee may not directly or indirectly use
or attempt to use, or permit the use of, any official infor-
mation obtained through or in connection with such em-
ployee’s employment for any political purpose, unless the
official information is available to the general public.
‘‘(c) For the purpose of subsection (a), ‘use of official
authority or influence’ includes—
‘‘(1) promising to confer or conferring any ben-
efit (such as any compensation, grant, contract, li-
cense, or ruling) or effecting or threatening to effect
any reprisal (such as deprivation of any compensa-
tion, grant, contract, license, or ruling); or
‘‘(2) taking, directing others to take, rec-
ommending, processing, or approving any personnel
action.
‘‘(d) Nothing in this section shall be considered to
apply with respect to any actions if, or to the extent that,
such actions are taken in order to carry out the duties
and responsibilities of one’s position.
‘‘§ 7324. Solicitation; prohibition
‘‘(a) An employee may not—
‘‘(1) give or offer to give a political contribution
to any individual either to vote or refrain from vot-
ing, or to vote for or against any candidate or meas-
ure, in any election;
‘‘(2) solicit, accept, or receive a political con-
tribution to vote or refrain from voting, or to vote
for or against any candidate or measure, in any elec-
tion;
‘‘(3) knowingly give or hand over a political
contribution to a superior of the employee; or
‘‘(4) knowingly solicit, accept, or receive, or be
in any manner concerned with soliciting, accepting,
or receiving, a political contribution—
‘‘(A) from another employee (or a member
of another employee’s immediate family) with
respect to whom the employee is a superior; or
‘‘(B) in any room or building occupied in
the discharge of official duties by—
‘‘(i) an individual employed or holding
office in the Government of the United
States; or
‘‘(ii) an individual receiving any salary
or compensation for services from money
derived from the Treasury of the United
States.
‘‘(b)(1) In addition to the prohibitions of subsection
(a), an employee may not knowingly solicit, accept, or re-
ceive a political contribution from, or give a political con-
tribution to, any person who—
‘‘(A) has, or is seeking to obtain, contractual or
other business or financial relations with the agency
in which the employee is employed;
‘‘(B) conducts operations or activities which are
regulated by that agency; or
‘‘(C) has interests which may be substantially
affected by the performance or nonperformance of
the employee’s official duties.
‘‘(2) The Special Counsel shall prescribe regulations
which exempt an employee from the application of para-
graph (1) with respect to any political contribution to or
from an individual who has a familial or personal relation-
ship with the employee if the employee complies with such
requirements as the Special Counsel shall so prescribe
which relate to the disqualification of the employee from
engaging in any official activity involving the individual.
‘‘(3) The Special Counsel shall prescribe regulations
under which paragraph (1) shall not apply with respect
to any political contribution from a person in situations
in which the facts and circumstances indicate there would
not be any adverse effect on the integrity of the Govern-
ment or the public’s confidence in the integrity of the Gov-
ernment.
‘‘§ 7325. Political activities on duty, etc.; prohibition
‘‘(a) An employee may not engage in political activ-
ity—
‘‘(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) may
engage in political activity otherwise prohibited by sub-
section (a) if the costs associated with that political activ-
ity 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 po-
sition continue outside normal duty hours and while
away from the normal duty post; and
‘‘(B) who is—
‘‘(i) paid from an appropriation for the Ex-
ecutive Office of the President; or
‘‘(ii) 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 its relations with for-
eign powers or in the nationwide administration
of Federal laws.
‘‘§ 7326. Candidates for elective office; leave
‘‘(a) Except as provided in subsection (b), an em-
ployee may not seek nomination for election, or election,
to any Federal or State-wide elective public office.
‘‘(b) Subsection (a) shall not prohibit an employee
from seeking nomination for election, or election, to an
elective public office if no person is seeking to be nomi-
nated for, or elected to, such office as the candidate of
a party any of whose candidates for presidential elector
received votes in the last preceding election at which presi-
dential electors were selected.
‘‘(c) The standards applicable under section 7322(2)
in determining whether an individual is seeking nomina-
tion for election, or election, to an office shall apply for
purposes of making any such determination under this
section.
‘‘(d)(1) This subsection shall apply with respect to
a candidate for any elective office, except that, in the case
of an elective public office, this subsection shall not apply
unless the office is one which may be sought by the em-
ployee involved under the preceding provisions of this sec-
tion.
‘‘(2) Except as provided in paragraph (3), an em-
ployee who is a candidate shall, upon the request of the
employee, and for the purpose of allowing the employee
to engage in activities relating to that candidacy—
‘‘(A) be granted leave without pay; and
‘‘(B) notwithstanding section 6302(d), be
granted accrued annual leave.
‘‘(3) A request for leave under subparagraph (A) or
(B) of paragraph (2) may be denied if the exigencies of
the public business so require. Any such denial shall be
in writing and shall be accompanied by a statement of the
reasons why the request is being denied.
‘‘(4) An employee may not be required to take leave
without pay under paragraph (2)(A), or accrued annual
leave under paragraph (2)(B), in order to be a candidate,
unless the activities relating to the candidacy interfere
with the employee’s performing the duties of such employ-
ee’s position.
‘‘§ 7327. Continued applicability of former provisions
‘‘(a) This subchapter shall, with respect to employees
of the Federal Election Commission, be administered in
accordance with the following:
‘‘(1) The provisions of this subchapter (as
amended by the Federal Employees Political Activi-
ties Act of 1993) shall be deemed to have no force
or effect, except for this section.
‘‘(2) The provisions of this subchapter (as last
in effect before the amendments made by the Fed-
eral Employees Political Activities Act of 1993 took
effect) shall be deemed to have remained in effect,
except for former section 7325.
‘‘(b) For purposes of applying the provisions of chap-
ter 12 which relate to the authority of the Special Counsel
to conduct investigations, and to seek corrective or dis-
ciplinary action, in connection with any misconduct under
this subchapter, and for purposes of any other provision
of law, this subchapter shall, to the extent it is being ap-
plied with respect to employees of the Federal Election
Commission, be construed in accordance with subsection
(a).
‘‘§ 7328. Regulations
‘‘The Special Counsel shall prescribe any rules and
regulations necessary to carry out this subchapter.’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) Section 3302(2) of title 5, United States Code, is
amended by striking ‘‘7203, 7321, and 7322’’ and insert-
ing ‘‘and 7203’’.
(2)(A) Sections 8332(k)(1), 8706(c), and 8906(e)(2)
of title 5, United States Code, are each amended by insert-
ing immediately after ‘‘who enters on’’ the following:
‘‘leave without pay granted under section 7326(a) of this
title, or who enters on’’.
(B) Section 8411(e) of title 5, United States Code,
is amended by inserting immediately before ‘‘approved
leave without pay’’ the following: ‘‘leave without pay
granted under section 7326(a) of this title, or’’.
(3) The section analysis 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. 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.’’.
(4) Section 1216(c) of title 5, United States Code is
amended—
(A) by striking paragraph (1); and
(B) in paragraph (2)—
(i) by striking ‘‘(2) If’’ and inserting ‘‘If’’;
and
(ii) by inserting ‘‘(1),’’ before ‘‘(3),’’.
(5) Section 1501(1) of title 5, United States Code,
is amended by inserting ‘‘, the District of Columbia,’’ after
‘‘State’’.
(c) AMENDMENTS TO TITLE 18.—(1) Section 602 of
title 18, United States Code, relating to solicitation of po-
litical contributions, is amended—
(A) by inserting ‘‘(a)’’ before ‘‘It’’;
(B) by striking all that follows ‘‘Treasury of the
United States’’ and inserting a semicolon and the
following:
‘‘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 three years, or
both.’’; and
(C) by adding at the end the following:
‘‘(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 Com-
mission, unless that activity is prohibited by section 7323
or 7324 of that title.’’.
(2) Section 603 of title 18, United States Code, relat-
ing to making political contributions, is amended by add-
ing 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 Com-
mission, unless that activity is prohibited by section 7324
of that title.’’.