[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 185 Introduced in Senate (IS)]
103d CONGRESS
1st Session
S. 185
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 SENATE OF THE UNITED STATES
January 26 (legislative day, January 5), 1993
Mr. Glenn (for himself, Mr. Pryor, Mr. Stevens, Mr. Lieberman, Mr.
Levin, Mr. Akaka, Mr. Sarbanes, Mr. Conrad, Mr. Sasser, Mr. Leahy, and
Mr. Dorgan) introduced the following bill; which was read twice and
referred to the Committee on Governmental Affairs
_______________________________________________________________________
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, 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
``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 the Nation.
``Sec. 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; or
``(B) a position within the competitive service
which is not in an Executive agency;
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 preceding election at which Presidential
electors were selected, but shall exclude any office or
position within a political party or affiliated organization;
and
``(3) `political contribution'--
``(A) means any gift, subscription, loan, advance,
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 legally 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 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
``(D) includes the provision of personal services
for any political purpose.
``Sec. 7323. Political activity authorized; prohibitions
``(a) Subject to the provisions of subsection (b), an employee 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;
``(2) knowingly solicit, accept, or receive a political
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 defined 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 political
committee (as defined under section 315(a)(4) of the
Federal Election Campaign Act of 1971 (2 U.S.C.
441a(a)(4))); or
``(3) run for the nomination or as a candidate for election
to a partisan political office; or
``(4) knowingly solicit or discourage the participation in
any political activity of any person who--
``(A) has an application for any compensation,
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 action
being carried out by the employing office of such
employee.
``(b)(1) An employee of the Federal Election Commission (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) No employee of the Federal Election Commission (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.
``(3) For purposes of this subsection, the term `active part in
political management or in a political campaign' means those acts of
political management or political campaigning which were prohibited for
employees of the competitive service before July 19, 1940, by
determinations of the Civil Service Commission under the rules
prescribed by the President.
``Sec. 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 instrumentality thereof.
``(b)(1) An employee described in paragraph (2) of this subsection
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) an employee paid from an appropriation for
the Executive Office of the President; or
``(ii) an employee 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 relations with foreign powers or in the nationwide
administration of Federal laws.
``Sec. 7325. Political activity permitted; employees residing 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 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 extent 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 vicinity 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 municipality or
political subdivision it is in the domestic interest of the
employees and individuals to permit that political
participation.
``Sec. 7326. Penalties
``Any employee who has been determined by the Merit Systems
Protection Board to have violated on two occasions any provision of
section 7323 or 7324 of this title, shall upon such second
determination by the Merit System Protection Board be removed from such
employee's position, in which event that employee may not thereafter
hold any position (other than an elected position) as an employee (as
defined in section 7322(1) of this title). Such removal shall not be
effective until all available appeals are final.''.
(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''.
(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 concerning 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 prohibited personnel practice were involved.''.
SEC. 4. AMENDMENTS TO TITLE 18.
(a) Section 602 of title 18, United States Code, relating to
solicitation of political contributions, is amended--
(1) by inserting ``(a)'' before ``It'';
(2) in paragraph (4) by striking out all that follows
``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 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 Commission, 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 Commission, unless that activity is prohibited by
section 7323 or 7324 of such title.''.
(c)(1) Chapter 29 of title 18, United States Code, relating to
elections and political activities is amended by adding at the end
thereof the following new section:
``Sec. 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, making
or refusing to make any political contribution, or working 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 thereof 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''.
SEC. 6. AMENDMENTS RELATING TO APPLICATION OF CHAPTER 15 OF TITLE 5,
UNITED STATES CODE.
(a) Section 1501(1) of title 5, United States Code, is amended by
inserting ``, the District of Columbia,'' after ``State''.
(b) 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, and any regulations thereunder,
shall apply with respect to 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.
SEC. 8. EFFECTIVE DATE.
(a) 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 7325 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) Any repeal or amendment made by this Act of any provision of
law shall not release or extinguish any penalty, forfeiture, or
liability incurred 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) No provision of this Act shall affect any proceedings with
respect to which the charges were filed 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.
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