---
kind: "range"
citation: "5 U.S.C. §§ 7321–7326"
title: "5"
from: "7321"
to: "7326"
count: 6
release: "119-102"
url: "https://uscodex.org/usc/5/7321..7326"
---

# §7321. Political participation


It is the policy of the Congress that [employees](/usc/5/7322.md?p=1) 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.


# §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](/usc/5/3330d.md?p=a-2-A) other than the Government Accountability Office; or
  - (B) a [position](/usc/5/5531.md?p=2) within the competitive [service](/usc/5/8331.md?p=12) which is not in an [Executive agency](/usc/5/3330d.md?p=a-2-A);

  but does not include a [member](/usc/5/5531.md?p=1) of the [uniformed services](/usc/5/2101.md?p=3) or an individual employed or holding office in the government of the District of Columbia;

- (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](/usc/5/5531.md?p=2) 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](/usc/5/8331.md?p=12) 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](/usc/5/8331.md?p=12) for any political purpose.

# §7323. Political activity authorized; prohibitions

- (a) Subject to the provisions of [subsection (b)](#b), an [employee](/usc/5/7322.md?p=1) may take an active part in political management or in political campaigns, except an [employee](/usc/5/7322.md?p=1) may not—
  - (1) use his official [authority](/usc/5/7103.md?p=a-6) 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](/usc/5/5531.md?p=1) of the same Federal labor organization as defined under [section 7103(4) of this title](/usc/5/7103.md) or a Federal [employee](/usc/5/7322.md?p=1) 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)](/usc/2/441a.md)));[^1]
    - (B) not a subordinate [employee](/usc/5/7322.md?p=1); 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)](/usc/2/441a.md)))[^1] of such Federal labor organization as defined under [section 7103(4) of this title](/usc/5/7103.md) or a Federal [employee](/usc/5/7322.md?p=1) 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)](/usc/2/441a.md)));[^1] or
  - (3) run for the nomination or as a candidate for election to a [partisan political office](/usc/5/7322.md?p=2); 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](/usc/5/7322.md?p=1); or
    - (B) is the subject of or a [participant](/usc/5/8471.md?p=3) in an ongoing audit, investigation, or enforcement action being carried out by the employing office of such [employee](/usc/5/7322.md?p=1).
- (b)
  - (1) An [employee](/usc/5/7322.md?p=1) 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](/usc/5/7322.md?p=1), a [Member](/usc/5/5531.md?p=1) of Congress, or an officer of a uniformed [service](/usc/5/8331.md?p=12) a political contribution.
  - (2)
    - (A) No [employee](/usc/5/7322.md?p=1) described under [subparagraph (B)](#b-2-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)](#b-2-A) shall apply to—
      - (i) an [employee](/usc/5/7322.md?p=1) of—
        - (I) the Federal Election Commission or the Election Assistance Commission;
        - (II) the Federal Bureau of Investigation;
        - (III) the Secret [Service](/usc/5/8331.md?p=12);
        - (IV) the Central Intelligence [Agency](/usc/5/500.md?p=a-1);
        - (V) the National Security [Council](/usc/5/8471.md?p=2);
        - (VI) the National Security [Agency](/usc/5/500.md?p=a-1);
        - (VII) the Defense Intelligence [Agency](/usc/5/500.md?p=a-1);
        - (VIII) the Merit Systems Protection [Board](/usc/5/8401.md?p=5);
        - (IX) the Office of Special Counsel;
        - (X) the Office of Criminal Investigation of the Internal Revenue [Service](/usc/5/8331.md?p=12);
        - (XI) the Office of Investigative Programs of the United States Customs [Service](/usc/5/8331.md?p=12);
        - (XII) the Office of Law Enforcement of the Bureau of Alcohol, Tobacco, and Firearms;
        - (XIII) the National Geospatial-Intelligence [Agency](/usc/5/500.md?p=a-1); or
        - (XIV) the Office of the Director of National Intelligence; or
      - (ii) a person employed in a [position](/usc/5/5531.md?p=2) described under section [3132(a)(4)](/usc/5/3132.md?p=a-4), [5372](/usc/5/5372.md), [5372a](/usc/5/5372a.md), or [5372b](/usc/5/5372b.md) of title 5, United States Code.
  - (3) No [employee](/usc/5/7322.md?p=1) 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](/usc/5/7322.md?p=1) of the competitive [service](/usc/5/8331.md?p=12) before July 19, 1940, by determinations of the Civil [Service](/usc/5/8331.md?p=12) Commission under the rules prescribed by the President.
- (c) An [employee](/usc/5/7322.md?p=1) retains the right to vote as he chooses and to express his opinion on political subjects and candidates.

# §7324. Political activities on duty; prohibition

- (a) An [employee](/usc/5/7322.md?p=1) may not engage in political activity—
  - (1) while the [employee](/usc/5/7322.md?p=1) 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](/usc/5/500.md?p=a-1) or instrumentality thereof;
  - (3) while wearing a uniform or official insignia identifying the office or [position](/usc/5/5531.md?p=2) of the [employee](/usc/5/7322.md?p=1); or
  - (4) using any vehicle owned or leased by the Government of the United States or any [agency](/usc/5/500.md?p=a-1) or instrumentality thereof.
- (b)
  - (1) An [employee](/usc/5/7322.md?p=1) described in paragraph (2) of this subsection may engage in political activity otherwise prohibited by [subsection (a)](#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)](#b-1) applies to an [employee](/usc/5/7322.md?p=1)—
    - (A) the duties and responsibilities of whose [position](/usc/5/5531.md?p=2) continue outside normal duty hours and while away from the normal duty post; and
    - (B) who is—
      - (i) an [employee](/usc/5/7322.md?p=1) paid from an appropriation for the Executive Office of the President; or
      - (ii) an [employee](/usc/5/7322.md?p=1) appointed by the President, by and with the advice and consent of the Senate, whose [position](/usc/5/5531.md?p=2) 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.

# §7325. Political activity permitted; employees residing in certain municipalities


The Office of Personnel Management may prescribe regulations permitting [employees](/usc/5/7322.md?p=1), without regard to the prohibitions in paragraphs [(2)](/usc/5/7323.md?p=a-2) and [(3)](/usc/5/7323.md?p=a-3) of section 7323(a) and paragraph (2) of [section 7323(b) of this title](/usc/5/7323.md?p=b), 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—
  - (A) the District of Columbia;
  - (B) in Maryland or Virginia and in the immediate vicinity of the District of Columbia; or
  - (C) 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](/usc/5/7322.md?p=1) and individuals to permit that political participation.

# §7326. Penalties


An [employee](/usc/5/7322.md?p=1) or individual who violates section [7323](/usc/5/7323.md) or [7324](/usc/5/7324.md) shall be subject to—

- (1) disciplinary action consisting of removal, reduction in grade, debarment from Federal employment for a period not to exceed 5 years, [suspension](/usc/5/7541.md?p=2), or reprimand;
- (2) an assessment of a civil penalty not to exceed $1,000; or
- (3) any combination of the penalties described in paragraph [(1)](#1) or [(2)](#2).