§7322. Definitions — Inbound Citations
5 U.S.C. § 7322
Cited by 25 provisions in release 119-102.
Citations to §7322(1)
-
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.
-
(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)));1(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)))1 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)));1 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—
-
(B) not a subordinate employee; and
-
(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.
-
(i) an employee of—(I) the Federal Election Commission or the Election Assistance Commission;(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;(IX) the Office of Special Counsel;(XI) the Office of Investigative Programs of the United States Customs Service;(XII) the Office of Law Enforcement of the Bureau of Alcohol, Tobacco, and Firearms;(XIII) the National Geospatial-Intelligence Agency; or
-
(3) No employee of the Criminal Division or National Security Division of the Department 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” 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.
-
(c) An employee retains the right to vote as he chooses and to express his opinion on political subjects and candidates.
-
(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.
-
(1) while the employee is on duty;
-
(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—(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.
-
(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.
-
The Office of Personnel Management may prescribe regulations permitting employees, without regard to the prohibitions in paragraphs (2) and (3) of section 7323(a) and paragraph (2) of section 7323(b) 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—
-
(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 Regulatory Commission, unless that activity is prohibited by section 7323 or 7324 of such title.
-
(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 Regulatory Commission, unless that activity is prohibited by section 7323 or 7324 of such title.
-
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 under this title or imprisoned not more than three years, or both.
Citations to §7322(2)
-
(3) run for the nomination or as a candidate for election to a partisan political office; or