[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 20 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 20
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
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employees Political
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
``Sec. 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.
``Sec. 7322. Definitions
``For the purpose of this subchapter--
``(1) the term `employee' means any individual--
``(A) employed or holding office in an Executive
agency, other than the General Accounting 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 President, 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 elected, and, for the purpose
of this paragraph, an individual shall be considered to seek
nomination for election, or election, to an elective office, if
the individual 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 receive any political
contribution (other than any such personal services) or
make any expenditure, with a view to bringing about the
individual'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 enforceable, to make
a contribution for any political purpose;
``(B) 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
``(C) the provision of personal services for any
political purpose;
``(4) the term `superior' means any employee who exercises
supervision of, or control or administrative 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 foreign
government, territory or possession of the United States, or
agency or instrumentality of any of the foregoing; and
``(7) the term `Special Counsel' means the Special Counsel
appointed under section 1211(b).
``Sec. 7323. Use of official influence or official information;
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, commanding,
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 engage, 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 information obtained through or
in connection with such employee'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 benefit (such
as any compensation, grant, contract, license, or ruling) or
effecting or threatening to effect any reprisal (such as
deprivation of any compensation, grant, contract, license, or
ruling); or
``(2) taking, directing others to take, recommending,
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.
``Sec. 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 voting, or to vote
for or against any candidate or measure, in any election;
``(2) solicit, accept, or receive a political contribution
to vote or refrain from voting, or to vote for or against any
candidate or measure, in any election;
``(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 receive a political
contribution from, or give a political contribution 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 paragraph (1) with respect to any
political contribution to or from an individual who has a familial or
personal relationship 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 Government or the public's confidence in the integrity
of the Government.
``Sec. 7325. Political activities on duty, etc.; 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 instrumentality thereof.
``(b)(1) An employee described in paragraph (2) may engage in
political activity otherwise prohibited by subsection (a) if the costs
associated with that 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 position
continue outside normal duty hours and while away from the
normal duty post; and
``(B) who is--
``(i) paid from an appropriation for the Executive
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 foreign powers or in the nationwide
administration of Federal laws.
``Sec. 7326. Candidates for elective office; leave
``(a) Except as provided in subsection (c), an employee who is a
candidate shall, upon the request of the employee, be granted leave
without pay for the purpose of allowing the employee to engage in
activities relating to that candidacy.
``(b) Notwithstanding section 6302(d), and except as provided in
subsection (c), an employee who is a candidate shall, upon the request
of the employee, be granted accrued annual leave for the purpose of
allowing the employee to engage in activities relating to that
candidacy. Leave under this subsection shall be in addition to leave
without pay to which the employee may be entitled under subsection (a).
``(c) A request for leave submitted under subsection (a) or (b) 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.
``(d) An employee may not be required to take leave without pay
under subsection (a), or accrued annual leave under subsection (b), in
order to be a candidate, unless the activities relating to the
candidacy interfere with the employee's performance of the duties of
the position.
``Sec. 7327. 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 inserting ``and 7203''.
(2)(A) Sections 8332(k)(1), 8706(c), and 8906(e)(2) of title 5,
United States Code, are each amended by inserting 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. Regulations.''.
(4) Section 1216(c) of title 5, United States Code is amended--
(A) by striking paragraph (1); and
(B) in paragraph (2), by striking ``(2) If'' and inserting
``If''.
(c) Amendments to Title 18.--(1) Section 602 of title 18, United
States Code, relating to solicitation of political 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 Commission, unless that activity is prohibited by
section 7323 or 7324 of that title.''.
(2) 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 Commission, unless that activity is prohibited by
section 7324 of that title.''.
(d) 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''.
(e) Applicability to Postal Officers and Employees.--
(1) In general.--The amendments made by this section, and
any regulations thereunder, shall apply with respect to
officers and employees of the United States Postal Service and
the Postal Rate Commission, pursuant to sections 410(b) and
3604(e) of title 39, United States Code.
(2) Investigative and enforcement authority.--The Special
Counsel (appointed under section 1211(b) of title 5, United
States Code) may conduct investigations and seek disciplinary
action with respect to any officer or employee referred to in
paragraph (1) in accordance with applicable provisions of
chapter 12 of such title.
SEC. 3. EFFECTIVE DATE.
(a) In General.--The amendments made by this Act shall take effect
120 days after the date of the enactment of this Act, except that the
authority to prescribe regulations granted under section 7327 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) Penalties Not Affected.--Any repeal or amendment made by this
Act of any provision of law shall not release or extinguish any
penalty, forfeiture, or liability imposed 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) Pending Proceedings Not Affected.--No provision of this Act
shall affect any judicial or administrative proceeding commenced 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.
<all>