In the Senate of the United States,
July 20 (legislative day, June 30), 1993.
Resolved, That the bill from the House of Representa-
tives (H.R. 20) entitled ‘‘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 po-
litical processes of the Nation, to protect such employees
from improper political solicitations, and for other purposes’’,
do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
That this Act may be cited as the ‘‘Hatch Act Reform
Amendments of 1993’’.
SEC. 2. POLITICAL ACTIVITIES.
(a) 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
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penalty or reprisal, and to the extent not expressly prohib-
ited by law, their right to participate or to refrain from
participating in the political processes of the Nation.
‘‘§ 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
General Accounting Office;
‘‘(B) a position within the competitive serv-
ice which is not in an Executive agency; or
‘‘(C) the government of the District of Co-
lumbia, other than the Mayor or a member of the
City Council or the Recorder of Deeds;
but does not include a member of the uniformed
services;
‘‘(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 preced-
ing election at which Presidential electors were se-
lected, but shall exclude any office or position within
a political party or affiliated organization; and
‘‘(3) ‘political contribution’—
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‘‘(A) means any gift, subscription, loan, ad-
vance, 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 le-
gally 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 af-
filiated 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 serv-
ices for any political purpose.
‘‘§ 7323. Political activity authorized; prohibitions
‘‘(a) Subject to the provisions of subsection (b), an em-
ployee may take an active part in political management
or in political campaigns, except an employee may not—
‘‘(1) use his official authority or influence for the
purpose of interfering with or affecting the result of
an election;
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‘‘(2) knowingly solicit, accept, or receive a politi-
cal contribution from any person, unless such person
is—
‘‘(A) a member of the same Federal labor
organization as defined under section 7103(4) of
this title or a Federal employee organization
which as of the date of enactment of the Hatch
Act Reform Amendments of 1993 had a
multicandidate political committee (as defined
under section 315(a)(4) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441a(a)(4)));
‘‘(B) not a subordinate employee; and
‘‘(C) the solicitation is for a contribution to
the multicandidate political committee (as de-
fined under section 315(a)(4) of the Federal
Election Campaign Act of 1971 (2 U.S.C.
441a(a)(4))) of such Federal labor organization
as defined under section 7103(4) of this title or
a Federal employee organization which as of the
date of the enactment of the Hatch Act Reform
Amendments of 1993 had a multicandidate polit-
ical 
committee 
(as 
defined 
under 
section
315(a)(4) of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441a(a)(4))); or
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‘‘(3) run for the nomination or as a candidate
for election to a partisan political office; or
‘‘(4) knowingly solicit or discourage the partici-
pation in any political activity of any person who—
‘‘(A) has an application for any compensa-
tion, grant, contract, ruling, license, permit, or
certificate pending before the employing office of
such employee; or
‘‘(B) is the subject of or a participant in an
ongoing audit, investigation, or enforcement ac-
tion being carried out by the employing office of
such employee.
‘‘(b)(1) An employee of the Federal Election Commis-
sion (except one appointed by the President, by and with
the advice and consent of the Senate), may not request or
receive from, or give to, an employee, a Member of Congress,
or an officer of a uniformed service a political contribution.
‘‘(2)(A) No employee described under subparagraph
(B) (except one appointed by the President, by and with
the advice and consent of the Senate), may take an active
part in political management or political campaigns.
‘‘(B) The provisions of subparagraph (A) shall apply
to—
‘‘(i) an employee of—
‘‘(I) the Federal Election Commission;
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‘‘(II) the Federal Bureau of Investigation;
‘‘(III) the Secret Service;
‘‘(IV) the Central Intelligence Agency;
‘‘(V) the National Security Council;
‘‘(VI) the National Security Agency;
‘‘(VII) the Defense Intelligence Agency;
‘‘(VIII) 
the 
Merit 
Systems 
Protection
Board;
‘‘(IX) the Office of Special Counsel;
‘‘(X) the Office of Criminal Investigation of
the Internal Revenue Service;
‘‘(XI) the Office of Investigative Programs
of the United States Customs Service; or
‘‘(XII) the Office of Law Enforcement of the
Bureau of Alcohol, Tobacco, and Firearms; or
‘‘(ii) a person employed in a position described
under section 3132(a)(4), 5372, or 5372a of title 5,
United States Code.
‘‘(3) No employee of the Criminal Division of the De-
partment of Justice (except one appointed by the President,
by and with the advice and consent of the Senate), may
take an active part in political management or political
campaigns.
‘‘(4) For purposes of this subsection, the term ‘active
part in political management or in a political campaign’
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means those acts of political management or political cam-
paigning which were prohibited for employees of the com-
petitive service before July 19, 1940, by determinations of
the Civil Service Commission under the rules prescribed by
the President.
‘‘(c) An employee retains the right to vote as he chooses
and to express his opinion on political subjects and can-
didates.
‘‘§ 7324. Political activities on duty; prohibition
‘‘(a) An employee may not engage in political
activity—
‘‘(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 in-
strumentality thereof.
‘‘(b)(1) An employee described in paragraph (2) of this
subsection may engage in political activity otherwise pro-
hibited by subsection (a) if the costs associated with that
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political activity 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) an employee paid from an appropria-
tion for the Executive Office of the President; or
‘‘(ii) an employee appointed by the Presi-
dent, by and with the advice and consent of the
Senate, whose position is located within the
United States, who determines policies to be pur-
sued by the United States in relations with for-
eign powers or in the nationwide administration
of Federal laws.
‘‘§ 7325. Political activity permitted; employees resid-
ing in certain municipalities
‘‘The Office of Personnel Management may prescribe
regulations permitting employees, without regard to the
prohibitions in paragraphs (2) and (3) of section 7323(a)
of this title, to take an active part in political management
and political campaigns involving the municipality or
other political subdivision in which they reside, to the ex-
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tent the Office considers it to be in their domestic interest,
when—
‘‘(1) the municipality or political subdivision is
in Maryland or Virginia and in the immediate vicin-
ity of the District of Columbia, or is a municipality
in which the majority of voters are employed by the
Government of the United States; and
‘‘(2) the Office determines that because of special
or unusual circumstances which exist in the munici-
pality or political subdivision it is in the domestic
interest of the employees and individuals to permit
that political participation.
‘‘§ 7326. Penalties
‘‘An employee or individual who violates section 7323
or 7324 of this title shall be removed from his position, and
funds appropriated for the position from which removed
thereafter may not be used to pay the employee or individ-
ual. However, if the Merit System Protection Board finds
by unanimous vote that the violation does not warrant re-
moval, a penalty of not less than 30 days’ suspension with-
out pay shall be imposed by direction of the Board.’’.
(b)(1) Section 3302(2) of title 5, United States Code,
is amended by striking out ‘‘7203, 7321, and 7322’’ and
inserting in lieu thereof ‘‘and 7203’’.
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(2) The table of sections 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. Political activity authorized; prohibitions.
‘‘7324. Political activities on duty; prohibition.
‘‘7325. Political activity permitted; employees residing in certain municipalities.
‘‘7326. Penalties.’’.
SEC. 3. AMENDMENT TO CHAPTER 12 OF TITLE 5, UNITED
STATES CODE.
Section 1216(c) of title 5, United States Code, is
amended to read as follows:
‘‘(c) If the Special Counsel receives an allegation con-
cerning any matter under paragraph (1), (3), (4), or (5)
of subsection (a), the Special Counsel may investigate and
seek corrective action under section 1214 and disciplinary
action under section 1215 in the same way as if a prohib-
ited personnel practice were involved.’’.
SEC. 4. AMENDMENTS TO TITLE 18, UNITED STATES CODE.
(a) Section 602 of title 18, United States Code, relat-
ing to solicitation of political contributions, is amended—
(1) by inserting ‘‘(a)’’ before ‘‘It’’;
(2) in paragraph (4) by striking out all that fol-
lows ‘‘Treasury of the United States’’ and inserting
in lieu thereof a semicolon and ‘‘to knowingly solicit
any contribution within the meaning of section
301(8) of the Federal Election Campaign Act of 1971
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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 3 years, or
both.’’; and
(3) by adding at the end thereof the following
new subsection:
‘‘(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 such title.’’.
(b) Section 603 of title 18, United States Code, relating
to making political contributions, is amended by adding
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 7323
or 7324 of such title.’’.
(c)(1) Chapter 29 of title 18, United States Code, relat-
ing to elections and political activities is amended by add-
ing at the end thereof the following new section:
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‘‘§ 610. Coercion of political activity
‘‘It shall be unlawful for any person to intimidate,
threaten, command, or coerce, or attempt to intimidate,
threaten, command, or coerce, any employee of the Federal
Government as defined in section 7322(1) of title 5, United
States Code, to engage in, or not to engage in, any political
activity, including, but not limited to, voting or refusing
to vote for any candidate or measure in any election, mak-
ing or refusing to make any political contribution, or work-
ing or refusing to work on behalf of any candidate. Any
person who violates this section shall be fined not more than
$5,000 or imprisoned not more than three years, or both.’’.
(2) The table of sections for chapter 29 of title 18,
United States Code, is amended by adding at the end there-
of the following:
‘‘610. Coercion of political activity.’’.
SEC. 5. AMENDMENTS TO THE VOTING RIGHTS ACT OF 1965.
Section 6 of the Voting Rights Act of 1965 (42 U.S.C.
1973d) is amended by striking out ‘‘the provisions of section
9 of the Act of August 2, 1939, as amended (5 U.S.C. 118i),
prohibiting partisan political activity’’ and by inserting in
lieu thereof ‘‘the provisions of subchapter III of chapter 73
of title 5, United States Code, relating to political
activities’’.
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SEC. 6. AMENDMENTS RELATING TO APPLICATION OF
CHAPTER 15 OF TITLE 5, UNITED STATES
CODE.
Section 675(e) of the Community Services Block Grant
Act (42 U.S.C. 9904(e)) is repealed.
SEC. 7. APPLICABILITY TO POSTAL EMPLOYEES.
The amendments made by this Act (except for the
amendments made by section 8), and any regulations there-
under, shall apply with respect to employees of the United
States Postal Service and the Postal Rate Commission, pur-
suant to sections 410(b) and 3604(e) of title 39, United
States Code.
SEC. 8. POLITICAL RECOMMENDATIONS.
(a) Section 3303 of title 5, United States Code, is
amended to read as follows:
‘‘§ 3303. Political recommendations
‘‘(a) For the purposes of this section—
‘‘(1) ‘agency’ means—
‘‘(A) an Executive agency; and
‘‘(B) an agency in the legislative branch
with positions in the competitive service;
‘‘(2) ‘applicant’ means an individual who has
applied for appointment to be an employee;
‘‘(3) ‘employee’ means an employee of an agency
who is—
‘‘(A) in the competitive service;
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‘‘(B) a career appointee in the Senior Exec-
utive Service or an employee under a similar
appointment in a similar executive service; or
‘‘(C) in the excepted service other than—
‘‘(i) an employee who is appointed by
the President; or
‘‘(ii) an employee whose position has
been determined to be of a confidential, pol-
icy-determining, policy-making, or policy-
advocating character; and
‘‘(4) ‘personnel action’ means any action de-
scribed under clauses (i) through (x) of section
2302(a)(2)(A).
‘‘(b) Except as provided under subsection (f), each per-
sonnel action with respect to an employee or applicant shall
be taken without regard to any recommendation or state-
ment, oral or written, with respect to any employee or ap-
plicant who requests or is under consideration for such per-
sonnel action, made by—
‘‘(1) any Member of Congress or congressional
employee;
‘‘(2) any elected official of the government of any
State (including the District of Columbia and the
Commonwealth of Puerto Rico), county, city, or other
subdivision thereof;
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‘‘(3) any official of a political party; or
‘‘(4) any other individual or organization mak-
ing such recommendation or statement on the basis of
the party affiliation of the employee or applicant.
‘‘(c) Except as provided under subsection (f), a person
or organization referred to under subsection (b) (1) through
(4) is prohibited from making or transmitting to any officer
or employee of an agency, any recommendation or state-
ment, oral or written, with respect to any employee or ap-
plicant who requests or is under consideration for any per-
sonnel action in such agency. Except as provided under sub-
section (f), the agency, or any officer or employee of the
agency—
‘‘(1) shall not solicit, request, consider, or accept
any such recommendation or statement; and
‘‘(2) shall return any such written recommenda-
tion or statement, appropriately marked as in viola-
tion of this section, to the person or organization
transmitting the same.
‘‘(d) Except as provided under subsection (f), an em-
ployee or applicant who requests or is under consideration
for a personnel action in an agency is prohibited from
requesting or soliciting from a person or organization re-
ferred to under subsection (b) (1) through (4) a rec-
ommendation or statement.
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‘‘(e) Under regulations prescribed by the Office of Per-
sonnel Management, the head of each agency shall ensure
that employees and applicants are given notice of the provi-
sions of this section.
‘‘(f) An agency, or any authorized officer or employee
of an agency, may solicit, accept, and consider, and any
other individual or organization may furnish or transmit
to the agency or such authorized officer or employee, any
statement with respect to an employee or applicant who re-
quests or is under consideration for a personnel action, if—
‘‘(1) the statement is furnished pursuant to a re-
quest or requirement of the agency and consists solely
of an evaluation of the work performance, ability, ap-
titude, and general qualifications of the employee or
applicant;
‘‘(2) the statement relates solely to the character
and residence of the employee or applicant;
‘‘(3) the statement is furnished pursuant to a re-
quest made by an authorized representative of the
Government of the United States solely in order to de-
termine whether the employee or applicant meets
suitability or security standards;
‘‘(4) the statement is furnished by a former em-
ployer of the employee or applicant pursuant to a
request of an agency, and consists solely of an evalua-