[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 20 Referred in Senate (RFS)]

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.

    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 (b), an employee 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 nominated 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 
presidential electors were selected.
    ``(c) The standards applicable under section 7322(2) in determining 
whether an individual is seeking nomination 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 employee involved under the preceding provisions 
of this section.
    ``(2) Except as provided in paragraph (3), an employee 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 
employee's position.
``Sec. 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 Activities 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 Federal 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 chapter 12 which 
relate to the authority of the Special Counsel to conduct 
investigations, and to seek corrective or disciplinary 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 applied with respect to employees of the Federal Election 
Commission, be construed in accordance with subsection (a).
``Sec. 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 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. 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 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 7328 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.

            Passed the House of Representatives March 3, 1993.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.

HR 20 RFS----2