ADMINISTRATION BILL TO LIBERALIZE THE HATCH ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP73B00296R000400180010-8
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 64
• Document Creation Date: December 9, 2016
• Document Release Date: March 30, 2001
• Sequence Number: 10
• Publication Date: April 17, 1972
• Content Type: MFR

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17 APR 1977
OPM Declassification & Release Instructions on File - No Referral to OPM
MEMORANDUM FOR THE RECORD
SUJBECT: Administration Bill to Liberalize the Hatch Act
1. Attached, Tab A, is a copy of a proposed Administration bill
to amend and liberalize the Hatch Act. Coordination, not including
CIA, is being conducted by OMB. OGC requested the attached from CSC
for our possible comment. Tab B is a copy of the present regulations
governing political activities as published in the Federal Personnel
Manual. Tab C is a copy of the Agency regulation.
Principal Changes
2. The principal changes in the Administration bill to present
procedures of concern to the Agency, are as follows:
Administration Bill
a. Allows Government em-
ployees to participate in local
elections on a partisan basis,
provided the elected position is
a part-time and not full-time basis.
b. Allows CSC to designate a
geographic area where an employee
may engage in local political activities
whenever 20 percent of the voters
are Federal employees.
Present Procedures
a. Presently, Government
employees may participate in
local elections but on an in-
dependent nonpartisan basis only.
b. Presently, the CSC has
designated the metropolitan
Washington, D. C. area and may
designate any area where the
majority of voters are Federal
employees.
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c. Grants CSC exclusive and full
administrative authority to investigate
and adjudicate alleged violations for
both the competitive and excepted
services. Sec. 7328 requires that
an employee having reason to believe
that another employee has violated the
law must report it to the CSC. The
CSC is given authority to subpena
witnesses and documents. The mini-
mum punitive sanction is reduced
from 30 to 5 days suspension.
c. Presently, the CSC may
investigate and adjudicate cases
in the competitive service only.
The head of an agency in the
excepted service makes his own
investigation and adjudication.
However, there is a right of
appeal to the CSC when a de-
cision is made to terminate.
Under the appeal procedures,
if the CSC finds by unanimous
vote that the violation does not
warrant removal, penalty of
not less than 30 days suspension
without pay is to be imposed at
the direction of the Commission
(Sec. 733.203 - attached Tab B).
(Though not expressly stated,
the CSC action would reverse
the decision of an agency head. )
d. Grants an employee the
express right of an appeal to
the United States Court of Appeals.
e. Grants to agency heads
the same authority as they have
under present CSC regulations.
d. Presently, a CSC decision
may be appealed to the U. S.
District Court. The regulations
of excepted agencies are to in-
clude notification of an employee
of his right to appeal to the CSC
when a decision is made to
terminate (Section. 733. 203 -
attached Tab B).
e. Presently, regulations by
CSC provide that the head of an
agency may prohibit or limit the
participation of an employee in
political activities if participation
would "interfere with the efficient
performance of official duties
or create a conflict or apparent
conflict of interests" (Sec.
733. 111(b) - attached Tab B).
CONNF!DEN I A L
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Effect Upon CIA
3. A significant change is the broadening to permit participation
in partisan local elections. The impact of this relaxation would be difficult
to predict. Agency employees have run for and held responsible non-
partisan elected local office in the Washington, D. C. area without incident.
Each case, as in the past, will have to be judged separately. Of concern
is whether the statutory requirement upon the CSC to investigate and
adjudicate all violations and the statutory right of court review impair
the authority of the Director under Section 102(c) of the National Security
Act of 1947 and contravene Section 6 of the CIA Act of 1949 which pre-
cludes the disclosure of the functions and names of Agency personnel
for the protection of sources and methods.
4. Under the Administration bill, the CSC would conduct an investi-
gation into an employee's political activities since any suspected violation
is to be reported to the CSC. However, due to cover and other security
considerations, an investigation into the personal activities of an Agency
employee, be it political activities or otherwise, requires that it be handled
internally and not subject to any external review. Further, cover and
other security factors may prohibit an employee from engaging in political
activities which might otherwise be permitted in a nonsensitive agency.
These considerations differ sharply from the criteria exercised by the
CSC in its adjudications.
5. It can be argued that the discretionary authority granted to
an agency head under present CSC regulations (Tab B - Sec. 733. 111(b) )
and under Section 7322(b) of the Administration bill to deny political
activities in instances of "conflict of interests" would include matters of
national interest such as cover and other factors peculiar to the Agency.
If the Director were to follow this approach, however, then other provisions
of the bill may apply, including the investigative procedures and court
review. A sounder approach to preserve the integrity of the Director's
authority under Sec. 102(c) is to acknowledge that the bill, as the present
law, prescribes the permissive and prohibitive parameters of political
activities for employees. This, however, would not preclude the Director
from exercising his authorities under the National Security Act and the
CIA Act to limit or prohibit political activities. If termination became
necessary, it would be under the Director's removal authority, Section
102(c), rather than the Hatch Act. The review provisions of the Hatch
Act, therefore, would not apply. Though a contested issue on this point
has never risen, this would be the approach under present procedures
should one occur and the same would apply to the Administration bill.
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-7- 1
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6. An exemption for the Agency from the Administration bill
may be considered the only positive way to be assured that the Director's
authorities are not impaired. This action would not serve the Agency's
interest. The bill extends what is considered a fundamental con-
stitutional right of freedom of political expression. To seek exemption, even
on sound national security grounds, would be impolitic and we would
undoubtedly stand alone. Undoubtedly, the same reaction would result
even if our exemption is limited to only the appeal procedures.
7. Accordingly, two courses of action are open:
a. Prepare a response to OMB or CSC stating
that the Agency has no objection to the bill, but
making it clear that security considerations require
that the Director, under his statutory authorities,
will continue to maintain exclusive jurisdiction
over any cases of political activity by Agency
employees.
b. Take no action on the proposed bill,
accepting it as a liberalization of political
activities by employees which we will judge
as we do now on a case by case basis. Should
an issue become so aggravated as to result in
dismissal and a court case ensue, the Director
would be prepared to defend on the basis of his
authority under Section 102(c).
8. Under the circumstances, it would seem best to follow action
7b above.
attachments
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TAB
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UNITED STATES CIVIL SERVICE COMMISSION IN REPLY PLEASE REFER TO
OFFICE OF THE GENERAL COUNSEL GC:LEG
WASHINGTON, D.C. 20415 MCC:vc
YOUR REFERENCE
FEB 10 '^7?
Office of the General Counsel
Central Intelligence Agency
Attention: Mr. Richard Lansdale
Washington, D.C. 20505
As you ree is a copy of the Commission's draft bill on
polit' activity that was submitted to the Office of Management and
Budg-t June 1, 1972 ,,.
Commences `from most of the agencies are now being reviewed in the
Office of the General Counsel of the Commission, and we expect that
some revisions in the draft bill will be made.
Sincerely yours,
James McCarthy
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 U. S.2C&/Of3V. EV73B00296R000400180010-8
Approved For Release
OFFICE OF THE CHAIRMAN
Honorable Carl Albert
Speaker of the House of Representatives
Dear Mr. Speaker:
The Commission is submitting for the consideration of the Congress
proposed legislation "To provide for the regulation of political
activities of public employees, and for other purposes." There are
enclosed: (1) a draft bill, (2) a sectional analysis of the draft
bill, and (3) a statement of purpose and justification.
The present restrictions on the political activity of Federal
employees and of certain State and local employees are in the main
to be found in legislation enacted in 1939 and 1940 (the former
Hatch Political Activities Act). This legislation directly limits
the political action of over five million public employees. There
is widespread opinion that favors at least some modification of the
statute which for thirty years without basic amendment has
regulated employee participation in the political process.
The Commission on Political Activity of Government Personnel,
established-by Public Law 89-617, conducted a year-long study and
in January 1968 reported its findings and recommendations to the
President and Congress. As part of its report, that Commission
presented a draft bill proposing extensive changes in the present
statute. A bill introduced in the 91st Congress by Representative
Olsen, who was a member of the Commission on Political Activity,
incorporated the recommendations of that Commission.
The Civil Service Commission, too, favors changes in the present
statute. Our draft bill would grant employees greater freedom of
political participation, strengthen the provisions against abuses
such as official coercion of employees, and eliminate any
uncertainty as to which activities are prohibited by detailing
them in the statute itself. We urge that these amendments be adopted.
We oppose enactment of bills patterned on the Study Commission's
recommended bill because they would unduly relax the restraints on
the sort of partisan conduct that led to the original enact-c;-1. WW,e
also fear thae the provision for self-enforcement by the States would
not be truly effective. .
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The bill we propose increases the protections against coercion of
employees and other misuse of official authority for political purposes.
On the other hand, employees would be allowed more freedom of political
action, particularly in their local communities. Moreover, a list of
specific prohibitions is added to replace the one-sentence, general
prohibition of present law which requires reference to sources outside
of the statute in order to determine what forms of political action are
now proscribed.
Under our bill more communities than under present law could qualify
for an exception which permits greater political participation at the
local level by covered employees when they represent a substantial
percentage (20%) of the voting population in their communities. Active
participation in partisan elections for local office would be permitted
in the designated political subdivisions.
The categories of State and local government officials exempted from
- the restrictions on campaigning and political management are expanded
to include an appointed (as well as an elected) head of an executive
department of a State, municipality, or other political subdivision.
A similar exemption for an individual whose-principal employment is
an elective office is retained.
For uniformity in enforcement proceedings the subpena power, now
available in State cases, would be made available for use in Federal-
employee cases. Minimum penalties have been reduced to allow for less
severe disciplinary actions. Suspension of State and local employees
is provided for, as an alternative to the removal penalty now prescribed.
Our bill would amend the judicial review provision which covers only
State and local employees, by permitting direct appeal from Commission
decisions to a United States Court of Appeals in both Federal and
State cases. Review by a court of appeals rather than by a district
court is considered appropriate in light of the fact that review will
be made on the administrative record, without a trial de novo.
The Office of Management and Budget advises that the proposed legisla-
tion is in accord with the Administration's Program. The Civil Service
Commission strongly urges its early and favorable consideration.
By direction of the Commission:
Sincerely yours,
Chairman
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A BILL
To provide for the regulation of political activities of
public employees, and for other purposes
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That Congress finds
that if the Government is to continue to provide the services to the
public and to achieve other essential ends for which governments are
established, some limitation on the political activity of Federal,
District of Columbia, and State and local employees is necessary in
order to preserve the integrity and efficiency of the Federal civil
service, to maintain the impartiality of public service, to insure the
effective and efficient administration of Federal loans and grants by
State and local agencies, and to prevent exploitation of public
employees for political purposes. In the light of the foregoing, it
is the intent of this Act to restrict the political activity of employees
of the United States, the District of Columbia, and State and local
.agencies only to the extent necessary to achieve these objectives.
SEC. 2. (a) The analysis of chapter 73 of title 5, United States
Code, is amended by striking out the matter relating to Subchapter III,
and inserting in place thereof:
"SUBCHAPTER III - POLITICAL ACTIVITIES
"Sec. -
"7321. Definitions.
"7322. Permissible activities.
"7323. Prohibited activities; use of official authority or influence;
coercion.
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"7324. Prohibited activities; political management and political
campaigning.
"7325. Exception of employees; political management and political
campaigning.
"7326. Exception of employees residing in certain municipalities;
political management and political campaigning.
"7327. Exception of nonpartisan elections; political management and
political campaigning.
"7328. Investigation; notice of hearing, hearing, and decision.
"7329. Subpenas; depositions.
"7330. Decision; penalties.
"7331. Judicial review."
(b) Subchapter III of chapter 73 of title 5, United States Code s
revised and amended to read as follows:
"SUBCHAPTER III - POLITICAL ACTIVITIES
"g 7321. Definitions
"For the purpose of this subchapter --
"(1) 'employee' means an employee in an Executive agency and an
individual employed by the government of the District of Columbia;
"(2) 'agency' means an Executive agency and the government of
the District of Columbia;
"(3) 'local office' means an office in any branch of the
government of a State, any political subdivision of a State, or
the District of Columbia, the duties of which require less than
full-time service but does not include an office the duties of
which require periodic service on a full-time basis;
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"(4) 'State' means a State, territory, and possession of the
United States including the Commonwealth of Puerto Rico;
"(5) 'political party' means a national and a State political
party and an affiliated organization;
"(6) 'partisan' when used as an adjective, refers to a political
party;
"(7) 'nonpartisan election' means --
"(A) an election for a local office and the preceding
campaign if none of the candidates is to be nominated or
elected at that election as representing a political party; and
"(B) an election involving a question or issue such as a
constitutional amendment, approval of a municipal: ordinance or
any other question or issue of a similar character; and
"(8) 'election' includes a primary, special, and general
election,
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 otherwise prohibited by law to the fullest extent consistent with the
restrictions imposed by this subchapter in the interest of preserving
the integrity and efficiency of the public service. Each employee
retains the right to --
"(1) register and vote in any election;
""(2) express his opinion as an individual privately and publicly
on political subjects and candidates;
""(3) display a political picture, sticker, badge, or button;
"(4) participate in the nonpartisan activities of a civic,
community, social, labor, or professional organization, or of any.
similar organization;
"(5) be a member of a political party or other political
organization and participate in its activities to the extent
consistent with this subchapter;
"(6) attend a political convention, rally, fund-raising
function, or other political gathering;
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t0? 7322. Permissible activities
"(a) A1l employees are free to engage in political activity not
"/ 7)
sign a political petition as an individual;
"(8) make a financial contribution to a political party or
organization;
""(9) take an active part, as a partisan candidate, or in
support of or opposition to a partisan candidate, in an election
covered by section 7326 of this title;
"(10) take an active part, as a candidate, or in support of or
opposition to a candidate or question or issue in a nonpartisan
election covered by section 7327 of this title;
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"(11) be politically active in connection with a question which
is not specifically identified with a political party, such as a
constitutional amendment, referendum, approval of a municipal
ordinance or any other question or issue of a similar character;
"(12) serve as an election judge or clerk, or in a similar
position to perform nonpartisan duties as prescribed by State
or local law; and
"(13) otherwise participate fully in public affairs, except
as prohibited by law, in a manner which does not materially
compromise his efficiency or integrity as a public servant or the
neutrality, efficiency, or integrity of his agency.
"(b) Subsection (a) of this section does not authorize an employee
to engage in political activity in violation of law, while on duty, or
while in a uniform that identifies him as an employee. Ime head of an
agency may prohibit or limit the participation of an employee or class
of employees of his agency in an activity permitted by subsection (a)
of this section, if participation in the activity would interfere with
the efficient performance of official duties, or create a conflict or
apparent conflict of interests.1
7323. Prohibited activities; use of official authority or influence;
coercion.
34(a) An employee may not interfere with or affect the result of
an election to nominate or elect a candidate for public office or
political party office, or induce any individual to --
"(1) solicit or make a political contribution, such as sell.
or purchase a ticket to a political dinner; or
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"(2) engage in any other form of political activity, whether
prohibited or permitted by law;
by the use or attempted use of his official authority or influence, or
by direct or indirect coercion or attempted coercion.
"(b) In subsection (a) of this section, 'use of official authority
or influence' includes, but is not limited to, promising to secure a
Federal, State, or local appointive office or position; promising to
confer a benefit or threatening to effect a reprisal; and offering to
secure or deny benefits under an act of Congress.
"(c) An employee may not request or receive from, or give to, any
employee of the United States or the District of Columbia, a State or
local employee, a Member of Congress, a candidate for Congress, or a
member of the uniformed services money or service for a political
purpose.
"(d) An employee may not disclose a list of names of employees, or
of persons receiving benefits under an Act of Congress, for a political
purpose.
7324. Prohibited activities; political management and political
campaigning.
"(a) An employee may not take an active part in political management
or in a political campaign, except as permitted by sections 7326 and
7327 of this title.
"(b) Activities prohibited by subsection (a) of this section include
but are not limited to
"(1) serving as an officer of a political party, a member of
a national, State, or local committee of a political. party, an
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officer or member of a committee of a political club, and being
a candidate for any of these positions;
"(2) organizing or reorganizing a political party organization
or political club;
"(3) directly or indirectly soliciting, receiving, collecting,
handling, disbursing, or accounting for assessments, contributions,
or other funds for a partisan political purpose or in connection with
a partisan election;
"(4) organizing, selling tickets to, seeking support for, or
actively participating in a fund-raising activity of a political
party or political club;
"(5) taking an active part in managing the political campaign
of a candidate for public office or political party office;
"(6) being a candidate for, or campaigning for an elective
public office;
"(7) taking an active part in an organized solicitation of
votes in support of or in opposition to a candidate for public
office or political party office;
"(8) acting as recorder, watcher, challenger, or similar
officer at the polls on behalf of a political party or a
candidate in a partisan election;
"(9) driving voters to the polls on behalf of a political
party or a candidate in a partisan election;
"(10) endorsing or opposing a candidate in a partisan election
in a political advertisement, broadcast, campaign literature, or
similar material;
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"(11)
serving as a delegate, alternate, or proxy to a
political party convention;
"(12) addressing a State or national convention or caucus, or
a rally or similar gathering of a political party in support of or
in opposition to a candidate fec.public office or political party
office, or on a partisan political question;
"(13) initiating or circulating a nominating petition for a
candidate in a partisan election or signing a partisan petition
listing his official position; and
"(14) engaging in any similar activity prohibited by
regulations of the Civil Service Commission.
7325. Exception of employees; political management and political
campaigning.
"(a) Section 7324 of this title does not apply to --
"(1) an employee paid from the appropriation for the White
House office, from funds for special projects to provide staff
assistance to the President, or an employee on special assignment
to the White House, unless the employee is serving under a career
or career-conditional appointment in the competitive service;
"(2) a head, deputy head, and assistant head of an agency, a
member of an independent commission, board, or establishment, and
one personal assistant to each official excepted un er this
paragraph;
"(3) an employee appointed by the President;
"(4) the Commissioner of the District of Columbia, the Assistant
to the Commissioner, and a member of the District of Columbia Council;
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"(5) a member of an advisory commission, council, committee,
or similar organization who --
"(A).is designated or appointed by the President, the
head of an. agency, the President of the Senate, the Speaker
of the House of Representatives, or a justice or judge of the
United States;
"(B) performs temporary duties either on a full-time or
intermittent basis for not more than 130 days during any
period of 365 consecutive days; and
"(C) is not subject to section 7324 of this title by
virtue of his employment in another agency; or
"(6) an?employee who is a member of the teaching staff or an
official of an educational institution, establishment, or system,
which is supported in whole or in part by the United States or
the District of Columbia, and who is not otherwise subject to
section 7324 of this title by reason of his employment in an agency.
"(b) The Civil Service Commission may except from the coverage of
.section 7324 of this title an employee whose employment is part time,
temporary, or intermittent or who has been granted leave without pay for __
1 year or more.
"(c) Notwithstanding subsections (a)(2) and (a)(3) of this
section, section 7324 of this title applies to the chairman and members of "(1) the Atomic Energy Commission;
!'(2) the Board of Governors of the Federal Reserve System;
"(3) the Civil Aeronautics Board;
"(4) the Civil Service Commission;
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(5) the Federal Communications Commission;
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"(6) the Federal Home Loan Bank Board;
"(7) the Federal Maritime Commission;
"(8) the Federal Power Commission;
"(9) the Federal Trade Commission;
"(10) the Interstate Commerce Commission;
"(11) the National Labor Relations Board; and
"(12) the Securities and Exchange Commission.
7326. Exception of employees residing in certain municipalities;
political management and political campaigns g.
"(a) Within the limitations prescribed in this section, section 7324
of this title does not prohibit activity in political management or in a
political campaign in connection with an election to a local office by
an employee who resides in a municipality or other political subdivision
designated by the Civil-Service Commission.
"(b) The Commission shall designate a municipality or other political
subdivision for the purpose of subsection (a) of this section when --
"(1) the number of employees, members of the uniformed services,
and their spouses who are registered to vote in the municipality
or other political. subdivision and are members of a national or State
political party is 20 percent or more of the total number of
registered voters; and
"(2) a representative of the municipality or other political
subdivision submits a request for designation to the Commission with
information showing that the municipality or other political
subdivision meets such other reasonable conditions as the Commission
may require.
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"(c) The activity in political management and political campaigning
that is permitted under this section is subject to the following
"(1) activity is permitted only in connection with elections
for a local office of the municipality or other political subdivision;
"(2) the activity may be as a partisan candidate or in behalf
of a partisan candidate or a political party unless the Commission
limits the permissible activity to nonpartisan activity in the
interest of the integrity and efficiency of the public service;
",(3) the office must be one that may be held without a conflict
or apparent conflict of interest with, and without impairment of the
efficient performance of, the official duties of the employee; and
"(4) the employee must comply with such other reasonable
conditions or limitations as the Commission may impose in the interest
of preserving the integrity and efficiency of the public service.
"(d) When the circumstances that justified the designation of a
municipality or other political subdivision cease to exist, the Commission
shall revoke the designation.
" 7327. Exception of nonpartisan elections; political management and
political campaigning.
"ection 7324 of this title does not prohibit activity in political.
management or in a political campaign by an employee in connection with
a nonpartisan election.
" 7328. Investigation; notice of hearing, hearing and decision.
"(a) When an employee has reason to believe that another employee has
violated section 7323 or 7324 of this title, he shall report the matter
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"(b) When the Civil Service Commission receives information that
indicates an employee may have violated section 7323 or 7.324 of this
title, it shall make such investigation into the matter as it considers
warranted. When, after investigation, the Commission has reason to
believe an employee has violated section 7323 or 7324 of this title, it
shall give the employee at least 30 days advance written notice setting
.forth specifically and in detail the charges against him.
"(c) The employee who is charged with a violation of this subchapter
is entitled to a --
"(].) reasonable time to answer the charges in writing;
"(2) hearing; and
"(3) decision on the'basis of the record after opportunity
for hearing.
"(d) Subject to the regulations of the Commission, the employee presiding
at hearings shall exercise the powers and duties set forth in section
556 of this title.
"(e) Subsections (a) and (b) of this section do not apply to an
employee appointed by the President or to an employee of a class
designated in the regulations of the Commission
7329. Subpenas; depositions.
"(a) At any stage of a proceeding or investigation under this sub-
chapter, the Civil Service Commission may require by subpena the attendance
and testimony of witnesses and the production of documentary or other
evidence relating to the proceeding or investigation at any designated
place, from any State or the District of Columbia. Any member of the
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Commission and its examiners, when authorized by the Commission, may
sign subpenas, administer oaths, examine witnesses, and receive
evidence. In case of contumacy or refusal to obey a subpena issued to
a person, the Commission may rogsest the Attorney General
to invoke the aid of a court of the United States to secure compliance.
"(b) The Commission may order that testimony be taken by.deposition
at any stage of a proceeding or an investigation before it under this
subchapter. Depositions may be taken before an individual designated by
the Commission and having the power to administer oaths. Testimony shall
be ceduced to writing by the individual taking the deposition, or under
his direction, and shall be subscribed by the deponent. Any person may
be compelled to appear and depose and to produce documentary evidence by
the Commission as provided by this section.
"(c) A person may not be excused from attending and testifying or
from producing documents or other evidence in obedience to a subpena of
the Commission on the ground that the testimony or evidence required of
him may tend to incriminate him or subject him to a penalty or forfeiture.
A person shall not be prosecuted or subjected to a penalty or forfeiture
for or on account of any transaction, matter, or thing concerning which
he is compelled to testify or produce evidence, after having claimed his
privilege against self-incrimination, and testimony so compelled shall
not be used as evidence in any criminal, proceeding against him in any
court, except that a person is not exempt from prosecution and punishment
for perjury committed in giving his testimony. The Commission shall
obtain the approval of the Attorney General of the United States before
compelling testimony from a person who has claimed his privilege against
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 -14-
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"(d) The Commission, in its discretion, may proceed with any
investigation or proceeding instituted under this title notwithstanding that
the Commission or the head of the employing agency has reported an alleged
violation of title 18 as required by section 535, title 28, United States Code.
7330. Decision; penalties.
"(a) On the basis of the record of the proceedings the Civil Service
Commission shall decide whether or not the employee has violated section
7323 or 7324 of this title. If the decision is that there has been a
violation, the penalty is removal, unless the Commission unanimously decides
that the violation warrants a suspension without pay. The minimum suspension
that may be imposed is 5 days. The Commission also may decide that, in
addition to removal, the violation warrants a bar on reemployment of the
employee for a period of not more than 3 years by any agency. When the
employee involved is a Presidential appointee or an employee of a class
designated in the regulations of the Commission, the President or the head
of the employing agency respectively, may exercise the powers vested in the
Commission by this subchapter.
"(b) The Commission shall notify the employee and the agency of its decision.
The agency shall comply with the decision of the Commission.
"? 7331. Judicial review.
f "(a) An employee aggrieved by a decision or order of the Civil Service
Commission under section 7330 of this title may, within 60 days after the
mailing of the notice of the decision or order, file with the United
States Court of Appeals for the circuit in which he resides or with the
United States Court of Appeals for the District of Columbia Circuit, a
petition for review of the decision or order. The clerk shall serve a
copy of the petition on the Commission and on the E\ttorney General by
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registered mail.
"(b) The findings of fact by the Commission, if supported by
substantial evidence, are conclusive; but the court, for good cause
shown, may remand the case to the Commission to take further evidence.
The Commission may thereupon make new or modified findings of fact and
may modify its previous decision or order, and shall file in the court
the record of the further proceedings. Any new or modified findings of
fact are also conclusive, if supported by substantial evidence.
"(c) The court shall have jurisdiction to. affirm the decision or
order of the Commission or to set it aside, in whole or in part. The
judgment of the court is subject to review by the Supreme Court of the
United States upon certiorari or certification as provided by section
1254 of title 28."
SEC. 3.(a) Subsection (d) of section 1302 of title 5, United States
Code, is amended to read as follows:
"(d) The Commission may prescribe reasonable procedures and regulations
for the administration of its functions under chapter 15 and subchapter III
of chapter 73 of this title."
(b) Section 1308 of title 5, United States Code, is amended--
(1) by inserting "and" at the end of paragraph (2);
(2) by striking out paragraph (3); and
(3) by renumbering paragraph,(4) as paragraph (3).
SEC. 4. Chapter 15 of title 5, United States Code, is revised and
amended to read as follows:'
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"CHAPTER 15. POLITICAL ACTIVITY OF CERTAIN
STATE END LOCAL EMPLOYEES
"Sec.
"1501. Definitions.
"1502. Permissible activities.
"1503. Prohibited activities; use of official authority or influence;
coercion.
"1504. Prohibited activities; political management and political
campaigning.
"1505. Exception of certain State or local employees; political manage-
went and political campaigning.
.."1506. Exception of State or local employees residing in certain
municipalities; political management and political campaigning.
"1507. Exception of nonpartisan elections; political management and
political campaigning.
"1508. Investigation; notice of hearing, hearing, and decision.
"1509. Subpenas; depositions.
"1510. Decision; penalties.
"1511. Orders withholding loans or grants; limitations.
"1512.1 Judicial review.
"1513.) Reinstatement or restoration; back pay.
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 -'?
"? ~'v ~v.vwvv .vv ..vv.vv v.i ~ ? ter. ? vrvv~vv. ~vvvzvv .vvv . v v
15oio DN_i itlonS~
"For the purpose of this chapter --
"(1) 'State' means a State, territory, and possession of the
United States including the Commonwealth of Puerto Rico;
"(2) 'State or local agency' means the executive branch of a
State, municipality, or other political subdivision of a State,
and an agency thereof, including an agency established by two or
more States, municipalities, or other political subdivisions of
a State;
"(3) 'State or local employee' means an individual employed by
a State or local agency whose principal employment is in connection
with an activity which is financed in whole or in part.by loans or
grants made by the United States or a Federal agency, but does not-,
include an individual who exercises no functions in connection with that
activity, or a Governor, an acting Governor, or a Lieutenant Governor;
1"(4) 'Federal agency' means an Executive agency or other agency
of the United States, but does not include a member bank of the
Federal Reserve System;
"(5) 'local office' means an office in any branch of the
government of a State, any political subdivision of a State, or the
District of Columbia, the duties of which require less than full-time
servic~, , but does not include an office the duties of which require
periodic service on a full-time basis;
"(6) 'political party' means a national and a State political
party and an affiliated organization;
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-18-
"(7) 'partisan' when used as an adjective, refers to a
political party;
"(8) 'nonpartisan election' means --
"(A) an election for a local office and the preceding
.campaign if none of the candidates is to be nominated or
elected at that election as representing a political
party; aad
"(B) an election involving a question or issue such as
a constitutional amendment, approval of a municipal ordinance
or any other question or issue of a similar character; and
"(9) 'election' includes a primary, special, and general
election.
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1502. Permissible activities
"(a) All State or local employees are free to engage in political
activity not otherwise prohibited by law to the fullest extent consistent
with the restrictions imposed by this chapter in the interest of preserving
the effective and efficient administration of the State or local functions
that are financed in whole or part by Federal funds. Each State or local
employee retains the right to --
"(1) register and vote in any election;
"(2) express his opinion as an individual privately and publicly
on political subjects and candidates;
"(3) display a political picture, sticker, badge or button;
"(4) participate in the nonpartisan activities of a civic, community,
social, labor, or professional organization, or of any similar
organization;
"(5) be a member of a political party or other political
organization and participate in its activities to the extent
consistent with this chapter;
"(6) attend a political convention, rally, fund-raising
function, or other political gathering;
"(7) sign a political petition as an individual;
"(8) make a financial contribution to a political party or
organization;
"(9) take an active part as a partisan candidate, or in
support of or opposition to a partisan candidate, in an election
covered by section 1.506 of this title;
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"(10) take an active part, as a candidate, or in support of
or opposition to a candidate or question.or issue in a nonpartisan
election covered by section 1507 of this title;
"(11) be politically active in connection with a question which
is not specifically identified with a political party, such as a
constitutional amendment, referendum, approval of a municipal
ordinance or any other question or issue of a similar character;
"(12) serve as an election judge or clerk, or in a similar
position to perform nonpartisan duties as prescribed by State
or local law; and
"(13) otherwise participate fully in public affairs, except
as prohibited by law, in a manner which does not materially
compromise his efficiency, or integrity as a public servant or the
neutrality, efficiency, or integrity of his agency.
"(b) Subsection (a) of this section does not authorize an employee
to engage in political activity in violation of law, while on duty, or
while in a uniform that identifies him as an employee. The head of an
agency may prohibit or limit the participation of an employee or class
of employees of his agency in an activity permitted by subsection (a)
of this section, if participation in the activity would interfere with
the efficient performance of official duties, or create a conflict or
apparent conflict of interests.
1503. Prohibited activities; use of official authority or influence;
coercion.
"(a) A State or local employee may not interfere with or affect the
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-21-
result of An election to nominate or elect a candidate for public office
or political party office, or induce any individual to --
"(1) solicit or make a political contribution, such as sell. or purchase
a ticket to a political dinner; or
"(2) engage in any other form of political activity, whether
prohibited or permitted by law;
by the use or attempted use of his official authority or influence, or E y
direct or indirect coercion or attempted coercion.
"(b) In subsection (a) of this section 'use of official authority
or influence' includes, but is not limited to, promising to secure a
Federal, State, or local appointive office or position; promising to
confer a benefit or threatening to effect a reprisal; and offering to
secure or deny benefits under an act of Congress.
"(c) A State or local employee may not request or receive from, or
give to, any employee of the United States or the District of Columbia,
a State or local employee, a Member of Congress, a candidate for Congress,
or a member of the uniformed services money or service for a political
purpose.
"(d) A State or local employee may not disclose a list of names of
State pr local employees, or of persons receiving benefits under an act
of Congress, for a political purpose.
" 1504. Prohibited activities; political management and political
campaigning.
"(a) A State or local employee may not take an active part in
political management or in a political campaign, except as permitted
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by sections 1506 and 1507 of this title.
"(b) Activities prohibited by subsection (a) of this section include
but are not limited to
"(1) serving as an officer of a political party, a member of
a national, State, or local committee of a political party, an
officer or member of a committee of a political club, and being a
candidate for any of these positions;
"(2) organizing or reorganizing a political party organization
or political club;
"(3) directly or indirectly soliciting, receiving, collecting,
handling, disbursing, or accounting for assessments, contributions,
or other funds for a partisan political purpose or in connection with
a partisan election;
"(4) organizing, selling tickets to, seeking support for, or
actively participating in a fund-raising activity'of a political
party or political club;
"(5) taking an active part in managing the political campaign
of a candidate for public office or political party office;
"(6) being a candidate for or campaigning for an elective public
office;
"(7) taking an active part in an organized solicitation of votes
in support of or in opposition to a candidate for public office or
political party office;
"(8) acting as recorder, watcher, challenger, or similar officer
at the polls on behalf of a political party or a candidate in a
partisan election;
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"(9) driving voters to the polls on behalf of a political party
or candidate in a partisan election;
"(l(') endorsing or opposing a candidate in a partisan election
in a political advertisement, broadcast, campaign literature, or
similar material;
"(11) serving as a delegate, alternate, or proxy to a political
party convention;
"(12) addressing a State or National convention or caucus, or
a rally or similar gathering of a political party in support of or
in opposition to a candidate for public office or political party office,
or on a partisan political question;
"(13) initiating or circulating a nominating petition for a
candidate in a partisan election or signing a partisan petition listing
his official position; and
"(14) engaging in any similar activity prohibited by regulations
of the Civil Service Commission.
1505. Exception of certain State or local employees; political
management and political campaigning.
"(a) Section 1504 of this title does not apply to --
')(1) the head of an executive department of a State, municipality,
or other political subdivision, whether elected or appointed;
"(2) the mayor or chief executive of a municipality or other
political subdivision of a-State, unless his principal employment
is in an office or position to which section 1504 of this title
applies;
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".0) any individual holding an elective office, unless his
principar employment is in an office or position to which section
1504 of this title applies; or
"(4) a State. or local employee who is a member of the teaching
staff or an official of an educational institution, establishment,
or system which is supported in whole or in part by a State or
political subdivision thereof, and who is not otherwise subject to
section 1504 of this title by reason of his employment in a State
or local agency.
"(b) The Civil Service Commission may except from the coverage of
section 1504 of this title a State or local employee whose employment
is part time, temporary, or intermittent, or who has been granted leave
without pay for 1 year or more.
" 1506. Exception of State or local employees residing in certain
municipalities; political management and political campaigns .
"Subject to the limitations of section 7326(c) of this title, section
1504 of this title does not prohibit activity in political management or
in a political campaign in connection with an election to a local office
.by a State or local employee who resides in a municipality or other
political subdivision designated by the Civil Service Commission under
section 7326 of this title. -
1507. Exception of nonpartisan elections; political management and
political campaigning.
"Section 1504 of this title does not prohibit activity in political
management or in a political campaign by a State or local employee in
connection with a nonpartisan election.
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1508. Investigation; notice of hearing, hearing, and decision.
"(a) When a State or local employee or any other individual employed
by a State or local agency has reason to believe that a State or local
employee has violated section 1503 or 1504 of this title, he shall
report the matter to the Civil Service Commission.
"(b) When a Federal agency charged with the*duty of making a loan
or grant of funds of the United States for use in an activity by a
State or local employee has reason to believe that the State or local
employee has violated section 1503 or 1504 of this title, it shall
report the matter to the Civil Service Commission.
"(c) On receipt of a report or on receipt of a complaint or other
information which indicates that a State or local employee may have
violated section 1503 or 1504 of this title, the Commission shall inquire
further into the matter. When, after inquiry, the Commission has reason
to believe that the State or local employee has violated section 1503 or
1504 of this title, it shall give the State or local agency and the State
or local employee (the respondents) a written notice setting forth
specifically and in detail the charges against the State or local
employee.
"(d) The respondents are entitled to a --
"(1) reasonable time to answer the charges in writing;
"(2) hearing; and
"(3) decision on the basis of the record after opportunity
for hearing.
"? 1509. Subpenas; depositions.
"(a) At any stage of a proceeding or investigation under this chapter
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the Civil Service Commission may require by. subpena the attendance and
testimony of witnesses and the producticn of documentary or other evidence
relating to the proceeding or investigation at any designated place, from
any State or the District of Columbia. Any member of the Commission and
its examiners, when authorized by the Commission, may sign subpenas,
.administer oaths, examine witnesses, and receive evidence. In case of
contumacy or refusal to obey a subpena issued to a person, the Civil
Service Commission may request the Attorney General to invoke the aid
a court of the United States to secure compliance.
"(b) The Commission may order that testimony be taken by deposition
at any stage of a proceeding or an investigation before it under this
chapter. Depositions may be taken before an individual designated by
the Commission and having the power to administer oaths. Testimony
shall be reduced to writing by the individual taking the deposition, or
under his direction, and shall be subscribed by the deponent. Any person
may be compelled to appear and depose and to produce documentary evidence
by the Commission as provided by this section.
"(c) A person may not be excused from attending and testifying or
from producing documents or other evidence in obedience to a suibpena of
the Commission on the ground that the testimony or evidence required of
him mad tend to incriminate him or subject him to a penalty or forfeiture.
A person shall not be prosecuted or subjected to a penalty or forfeiture
for or on account of any transaction, matter, or thing concerning which
he is compelled to testify or produce evidence., after having claimed his
privilege against self-incrimination, and testimony so compelled shall not
be used as evidence in any criminal proceeding against him in any court,
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except that a person is not exempt from prosecution and punishment for
perjury committed in giving his testimony. The Commission shall obtain
the approval of the Attorney General of the United States before
compelling testimony from a person who has claimed his privilege against
self-incrimination.
"(d) The Commission, in its discretion, may proceed with any investi-
gation or proceeding instituted under this title notwithstanding that the
Commission or the head of the employing agency has reported an alleged
violation of title 18 as required by section 535, title 28, United
States Code.
1510. Decision; penalties.
"(a) On the basis of the record of the proceeding the Civil Service
Commission shall decide whether or not the State or local employee has
violated section 1503 or 1504 of this title. If the decision is that
there has been a violation, the penalty is removal, unless the Commission
unanimously decides that the violation warrants a suspension without pay.
The minimum suspension that may be imposed is 5 days. The Commission may
also decide that, in addition to removal, the violation warrants a bar on
reemployment of the State or local employee for a period of not more than
3 years by any agency of the State or political subdivision in which he
was employed.
"(b) The Commission shall notify the State or local employee and the
State or local agency of its decision.
1511. Orders withholding loans or grants;'limitations.
"(a) When the Civil Service Commission finds --
"(1) that a State or local employee has not been removed or
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30 days after notice of that decision; or
"(2) that the State or local employee has. been removed but
has been reemployed within a period prescribed by the Commission
under section 1510(a) of this title, or has been suspended but
has been restored to duty before the end of the period of suspension
that the Commission found to be warranted;
the Commission shall make and certify to the appropriate Federal agency
a withholding order against its loans or grants. If the State or local
employee has not been removed or suspended or if he has been reemployed
or restored to duty in an agency of the State or political subdivision in
which he was employed that does not receive Federal loans or grants,
the order shall direct withholding from the loans or grants to the
State or local agency to which notice was given under section 1510(b) of
this title. If the State or local employee has been removed or suspended
but has been reemployed or restored to duty in any agency of the State
or political subdivision in which he was employed that receives Federal
loans or grants,,the order shall direct withholding from the loans or
grants to that State or local. agency. When the violation warrants removal,
the amount withheld shall be equal to four times the annual rate of basic
pay the employee was receiving at the time of a violation of section 1.504
of thi title, or ten times the annual rate of basic pay the employee
was receiving at the time of a violation of section 1503 of this title.
When the violation warrants a suspension, a proportionate amount shall
be withheld.
"(b) The Commission shall send notice of a withholding order to the
State or local agency from which funds are to be withheld. A withholding
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order becomes final at the end of 30 days after this notice is mailed,
unless the order is stayed by the Commission or by the United States
Court of Appeals. After the order becomes final the Federal agency to
which the order was certified shall withhold the amount specified in
the order in accordance with the terms of the order.
"(c) The Commission may not require an amount to be withheld from a
loan or grant pledged by a State or local agency as security for its bonds
or notes if the withholding of that amount would jeopardize the payment of
the principal or interest on the bonds or notes.
" 1512. Judicial review.
"(a) A State or local employee aggrieved by a decision or order of
the Civil Service Commission under section 1510 or section 1511 of
this title may, within 60 days after the mailing of notice of the
decision or order, file with the United States Court of Appeals for
the circuit in which he resides or with the United States Court of
Appeals for the District of Columbia Circuit a petition for review
of, the decision or order. The State or local agency may also file
a petition for judicial review. The clerk shall serve a copy of
the petition on the Commission and on the Attorney General by registered
mail.
"(b) The findings of fact by the Commission, if supported by
substantial evidence, are conclusive; but the court, for good cause
shown, may remand the case to the Commission to take further evidence.
The Commission may thereupon make new or modified findings of fact and
may modify its previous decision or order, and shall file in the court
the record of the further proceedings. Any new or modified findings of
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fact are also conclusive, if supported by substantial evidence.
"(c) The court shall have jurisdiction to affirm the decision or
order of the Comtuission or to set it aside, in whole or in part. The
judgment of the court is subject to review by the Supreme Court of the
United States upon certiorari or certification as provided by section
1254 of title 28.
"1 1513. Reinstatement or restoration; back pay.
"It is the sense of Congress that a State or local agency should
award back pay to a State or local employee, in the same manner and
under the same conditions that a Federal employee is awarded back pay
under section 5596 of this title, when the State or local employee is
found by appropriate authority to have undergone an unjustified or
unwarranted personnel action under this chapter that has resulted in
the withdrawal or reduction of all or of part of the pay, allowances,
or differentials of the employee."
SEC. 5. (a) Section 603(a) of the Economic Opportunity Act of
1964, as amended (42 U.S.C. 2943(a)), is further amended by striking
out "clauses (1) and (2) of section 1502(a)" and inserting in lieu
thereof "section 1503".
(b) Section 6 of the Voting Rights Act of 1965 (79 Stat. 439; 42
U.S.C? 1973d) is amended by striking out "section 9 of the Act of
August 2, 1939, as amended (5 U.S.C. 118i)" and inserting in lieu
thereof "subchapter III of chapter 73 of title 5, United States Code."
SEC. 6. If the provisions of any part of'this Act or the application
thereof to any person or circumstances be held invalid, the provisions
of the other parts and their application to other persons or circumstances
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shall not be affected thereby.
SEC. 7. There is authorized to be appropriated a sum sufficient
to carry out the purposes of this Act.
SEC. 8. This Act is effective on the date of enactment except that
any proceeding pending before the Civil Service Commission or a district
court on the effective date of this Act shall remain under the jurisdiction
of the Commission or the court until the Commission or the co,irt issues a
final order, judgment, decree, or decision.
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 Coverage
Exceptions;
total
Exceptions
from prohi-
bition of
management
and
cam' in
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PRESENT LAW - 5 U.S.C. 7321-27
Employee in an Executive agency or
an individual employed by the Govern-
ment of the District of Columbia
The President and Vice President (The
statute applies only to employees; by
definition "employee" means a person
"appointed" in the civil service. The
President and Vice President are
elected.
An individual employed by an educa-
tional or research institution,
establishment, agency, or system,
which is supported in whole or in
part by the District of Columbia or
by a recognized religious, philan-
thropic, or cultural organization.
(1) an employee paid from the appro-
priation for the Office of the
President
(2) head or assistant head of an
executive department or military
department
employee appointed
(3) changed to exempt any employee
appointed by the President
by and with the advice
Senate, who determines
pursued by the
i1elations with
the nationwide
Federal laws
CSC DRAFT BILL
Same as present law
Same as present law
Exemption for employees of research
institutions abolished; exemptions for
institutions, agencies, etc., supported
by religious, philanthropic or cultural.
organizations also abolished. Teachers
and officers of educational institutions
supported by Federal or D.C. Government
exempt only from political. management
and campaigning:
(L) expanded to exempt an employee
paid from funds for special projects to
provide staff assistance to President,
or an employee on special assignment
to the White House, unless the employee
is serving under a career or career-
conditional appointment in the com-
petitive service
(2) changed to head, deputy head, and
assistant head of an agency, a member
of an independent commission or board
other than specified regulatory agencie
and one personal assistant to each
excepted official
by the President,
and consent of
policies to be
United States in its
foreign powers or in
administration of
(4) the commissioners of the District
of Columbia
(5) The Recorder of Deeds of the Dis-
trict of Columbia
(4) changed to exempt the Commissioner
of the District of Columbia, his
assistant, and a member of the District
of Columbia Council
(5) Deleted from draft bill
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 PRES$'nd For Release 2001/08/30: CIA-R 00180010-8
(6) no provision
(6) adds exemption for a member of an
advisory commission, committee, or
similar organization who is designated
by the President, head of an agency,
President of the Senate, the Speaker of
the House of Representatives, or by a
judge or justice of the United States,
and who performs temporary duties for
not more than 130 days.
(7) Commission may exempt a part-time,
temporary or intermittent employee or
an employee who has been granted leave
without pay for 1 year or more.
Permissible (1) expression of opinion on poli-
Activities tical subjects and candidates
(2) activity in connection with non-
partisan elections
(3) activity in connection with a
question not specifically identified
with a National or State political
party
Prohibitions (1) employee may not use his official
authority or influence to interfere
with or affect the results of an
election
() an employee (except Presidential
a pointee confirmed by Senate) may not
request or receive from or give to an
employee, member of Congress, or
uniformed officer, anything of value
for political purposes
(3) authorizes President to issue rules
against political coercion or reprisals
in Executive agencies
(1) same as present law
(2) limited to nonpartisan elections
for part-time offices.
(3),..same as present law
(4) lists other types of permitted
activity in regard to, for example,
political,. stickers, civic organizations,
membership in political parties,
attendance at political rallies, sign-
ing petitions, financial contributions,
and partisan candidacy in certain
municipalities.
(5) adds section allowing agency head to
limit or prohibit permitted activity if
it interferes with efficient perform-
ance of official duties or creates
conflict or apparent conflict of
interest.
(1) and (2) essentially same as present
law, but expanded to include examples,
and incorporates some prohibitions now
specified only in criminal law. For
example, an employee may not induce an
individual to solicit or make a contri-
bution, or to sell or purchase a ticket
to a political gathering, such as a
political dinner
(3) replaced by direct prohibitions on
coercion
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 PRESENT LAW CSC DRAFT-BILL
(4) Agprgy@d WR"sA20041p?dni:-~CIA-RDP73PQ929&WPQ4kO*goil(9r8 exception for
part in political management or in exempted municipalities. List of
political campaigns prohibitions covers such areas as:
(a) party office and management,
(b) political contributions, (c)
managing an election campaign, (d)
electioneering in partisan campaigns
exception (1) certain employees of Alaska Railroad (1) deleted
Df employees may participate in local political
in certain activities.
nunicippalities
(2) employees in communities designated (2) allows employee to be partisan
by Commission can take active part in candidate or engage in partisan manaF.e-
management and campaigning - as indepen- ment in local election - (a) at least
dents - in local partisan elections - 20 percent of registered voters are
(a) when they constitute the majority of Federal employees, member of the
voters in the municipality, or uniform service or their spouses, (b)
(b) when the community is in the immediate office is not full-time
vicinity of the District of Columbia.
Investiga- No provision
tion;
Notice of
Hearing
Subpenas; No provision
Depositions .
(1) Commission may investigate; gi:e
written notice
(2) employee entitled to reasonable
time to answer; hearing; and decisic~
on basis of record of hearing
(1) subpena power granted in adjudica-
tions and investigations
(2) Commission may order testimony
deposition
(3) person may not be excused from
testifying on. Fifth Amendment grour s.
but his compelled testimony may not
used against him in any criminal cas=
Decision; (1) penalties range from 30 days' (1) minimum suspension reduced to 15.
Penalties suspension to removal days. Maximum penalty remains remo-.a-
(2) Commission may also bar reempl
ment for a period of not more than
3 years by any Federal agency
Judicial No provision Employee aggrieved by Commission's
Review decision may seek review in United
States Court of Appeals
Other (1) - (4) No provisions (1) Specific back pay provision not
Provisions required since existing back pay
law applies
(2) Commission may investigate or pr:--
ceed even though alleged violation
has been reported to Attorney General
as a criminal matter.
(3) - (4) No provisions
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 STATE AND LOCAL EMPLOYEES
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PRESENT LAW -
Chapter 15, title 5, U.S.C. CSC DRAFT BILL
Coverage An individual employed by a State Same as present law, but "State or
or local agency whose principal local agency" expanded to include
employment is in connection with agency created by two or more States or
an activity which is financed in other political subdivisions.
whole or in part by loans or
grants made by the United States
or a Federal agency.
Excep- (1) an individual who exercises (1) same as present law
tions; no function in connection with
total that activity; or
(2) an individual employed by an (2) exemption for employees of research
educational or research institu- institutions abolished; exemptions for
tion, establishment, agency or institutions, agencies, etc., supported
system which is supported in by religious, philanthropic, or cultural
whole or in part by a State or organizations also abolished. Teachers
political subdivision thereof, and educational officials are made sub-
or by a recognized religious, ject to restrictions on coercion and use
philanthropic, or cultural of influence.
organization. (3) Governor, an acting Governor or a
Lieutenant Governor.
Excep- (1) Governor, Lieutenant Governor, (1) Governor, Lieutenant Governor, or acting
tions or an individual authorized by law Governor totally exempt
from pro- to act as Governor.
.hibition (2) mayor of a city.
of manage-
ment and
campaigning
(3) elected head of an executive
department of a State or munici-
pality
(4) individual holding elective
office.
(5) employees of educational and.
research institutions, etc.;
totally exempt
(6) no provision
Permis-
sible
Activi-
ties
(1) Expression of opinion on
political subjects and candidates
(2) Activity in connection with
nonpartisan elections
(3) Activity in connection with
nonpartisan questions
(2) expanded to except "chief executive"
of a municipality or political subdivi-
sion unless he is covered because he
holds another position.
(3) elected or appointed head of an
executive department or political sub-
division
(4) same, unless he is covered because
he holds another position
(5) teachers and officials of educational
institutions supported by states or
political subdivisions.
(6) Commission may exempt from restric-
tions on management and campaigning a
part-time, temporary or intermittent
employee, or an employee who has been
granted leave without pay for 1 year or more.
(1) same as present law
(2) limited to nonpartisan elections for
part-time offices
(3) Same as present law
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 PRESENT LAW CSC DRAFT BILL
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(4) lists other types of permitted
activity in regard to, for example,
political stickers, civic organiza-
tions, membership in political parties,
attendance at political rallies, Sign-
ing petitions, financial contribu-
tions, and partisan candidacy in
certain municipalities.
Prohibitions
(1) employee may not use his official
authority or influence for purpose of
interfering with or affecting the
results of an election or a nomina-
tion.
(2) employee may not directly or
indirectly coerce, command, or advise
a State or local officer or employee
to pay, lend, or contribute anything
of value to a party, committee,
organization, agency, or person for
political purposes.
(3) employee may not take an active
part in political management or in
political campaigns.
(1) and (2) essentially same as
present law, but expanded to include
examples, and incorporate some pro-
hibitions now specified only in
criminal law. For example, an employ-
ee may not induce any individual to
solicit or make a political contribu-
tion, or to sell or purchase a ticket
to a political dinner.
Exception No Provision
of employees
in certain
municipalities
Investiga- (1) Commission investigates; fixes
tion; time and place for a hearing, and
Notice of gives employee notice of alleged
hearing violation
(2) both employee and/or agency
entitled to hearing
Subpenas; (1) Commission has subpena power
Depositions in adjudication
(2) Commission may order testimony
by deposition
(3) person may not be excused from
testifying on Fifth Amendment
grounds.
(3) same, except for exception of
exempted municipalities. List of pro-
hibited activities covers such areas
as:
(a) party office and management
(b) political contributions
(c) managing an election campaign
(d) electioneering in partisan
campaigns.
Allows employee to be partisan candi-
date or engage in partisan managemenn
in local elections on same basis as
Federal employees in designated
communities
(1) essentially same as present law
(2) employee and agency entitled to
reasonable time to answer; hearing;
and decision on basis of record of
hearing
(1) essentially same as present law,c,
includes investigations also
(2) essentially same as present law
(3) essentially same as present law
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 PRESENT LAW CSC DRAFT BILL
Decisions L) Uommission determi es whe heA-RD ~73Bame as present present law
Penalties a violation has occurred; and
(2) determines whether the viola- (2) penalty is removal, unless Commission
tion warrants removal decides for suspension. Mini_mnm
is 5 days.
(3) reemployment bar of 18 months. (3) Commission may also bar employee z'rur;,
reemployment for a period of not more than
3 years by any agency of the State or
political subdivision in which he was
employed.
Order (1) Commission may withhold loans
Withholding or grants when
Loans or (a) employee not removed
Grants within 30 days and
(b) employee is reemployed
(2) amount withheld is equal to
2 times annual pay of employee
(1) essentially the same but amplified to
cover cases where employee is not
suspended or is reemployed within period,
of suspension.
(2) for violation of prohibition on
management or campaigning, 4 times annual
pay; for violation of prohibition on
coercion, etc., 10 times annual pay.
Withholding in a proportionate amount
when penalty is suspension.
Judicial Party aggrieved by Commission
Review order or decision may seek review
in United States District Court
within 30 days of mailing of
notice of determination.
Reinstate- No Provision
ment or
Restoration
Back Pay
State No Provision
Program
Political
Activity
Administration
Party aggrieved by Commission order or
decision may seek review in United States
Court of Appeals within 60 days of
mailing of notice of determination.
It is the sense of Congress tht a State
or local agency should award back pay
to an employee if he is found to have
undergone an unjustified or unwarranted
personnel action.
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In General
Section 1 -- Statement of Policy.
Section 2 -- Revision of subchapter III of chapter 73 of title 5,
United States Code, relating to political activity of
Federal employees.
Section 3 -- Conforming amendment of subsection (d) of section 1302 of
title 5, United States Code, and repeal of subsection (a)(3)
of section 1308 of title 5, United States Code.
Section 4 Revision of chapter 15 of title 5, United States Code,
relating to political activity of certain State and
local employees.
Section 5 -- Conforming amendments of Economic Opportunity Act of
1964, as amended, and Voting RighhLS Act of 1965.
Section 6 -- Usual-separability provision.
Section 7 -- Authorization of appropriations.
Section 8 -- Effective date established, with reservation of
jurisdiction in pending cases.
Subchapter III, chapt-r 73, title 5, United States Code.
Section 7321 - Contains necessary definitions.
C1), and (2) Definitions of "employee" and "agency"
establish coverage of employees of the Federal and
District of Columbia govdrnrierlts.
(3) The definition of "local oifice" refers to part-
time elective offices, exclu.those which either
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are full-time or entail full-time service periodically,
as in the case of a State legislator who attends
regular sessions. of the legislature annually for a
60-day period.
(4) Puerto Rico is included in the definition of "State"
for clarity.
(5) "Political party" is defined by reference to
national and state political parties, similar to the
definition used in 5 U.S.C. 1503(2) and 7326(2) of the
` present law to describe nonpartisan questions with
respect to which employees may be active. The definition
includes "affiliated organization" in view of the
multi-level and, sometimes, loosely integrated structure
of the major parties, and is intended to encompass
constituent organizations of a national or state
party at any level, regardless of differences in name.
(7) The definition of "nonpartisan election" describes,
in part, the area of permissible activities related
to elections, excepting however, candidacy and other
political activity in connection with elections.for
offices that are not part-time within the definition
of "local office".
Section 7322 - Sets forth permissible political activities in greater
detail than present law does. Authorizes an agency
head to prohibit or restrict these permissible activities
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on the part of specified classes of employees whose
Federal duties justify such limitation.
Section 7323 - Strengthens present prohibitions on coercion by
stating them in greater detail and incorporating,
in substance, some of the prohibitions that are
now specified only in the criminal law.
Section 7324 - Sets forth specific prohibitions on political
management and political campaigning instead of the
present reference to activities prohibited under
pre-1940 decisions of the Civil Service Commission.
Section 7325 - Identifies employees to whom section 7324 does not
apply. Significant changes in the present exceptions
are that any Presidential appointee, except for the
Civil Service Commissioners and members of specified
regulatory agencies, would be excepted; members of
temporary commissions and boards would be excepted;
and the Commission would be authorized to except
certain classes of employees who have limited tenure.
The exception for employees of research institutions
has been deleted.
Section 7326 - Authorizes the Commission to designate communities
in which employees would be permitted to take an
active p-rt in both partisan and nonpartisan elections.
The activity, allowed is limited to elections for local
offices, i.e., part-time offices.
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Communities that may qualify are those in which
at least 20% of the registered voters consist of
Federal employees, military personnel, and their
spouses. Independents would not be counted. The
District of Columbia itself could qualify under the
20% standard, and employees could run for part-time
offices.
Would change present law (5 U.S.C. 7327) by
permitting employee candidacy under a partisan party
label, and support of partisan party candidate, for
"local office"--currently an employee-candidate in
designated community may not run, or be supported by
employees, as the candidate of a national or State
party.
Section 7327 - Allows active participation in all nonpartisan elections.
Since, under the proposed definition, "nonpartisan
election" would be limited to contests for "local
office", i.e., part-time office, elections for any
office, such as State legislative office that requires
full-time service, even on a periodic basis, would
be excluded from employee participation. Present
law allows full participation in elections in which
no candidate of a national or State party runs for
the office to be filled.
Section 7328 - Provides that an employee who allegedly has violated
the restrictions is entitled to a letter of charges,
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the right to answer in writing, a hearing, and a
decision on the record. Excepted from the Commission's
jurisdiction are presidential appointees and other
classes of employees that may be designated by the
Commission.
Section 7329 - Gives the Commission subpena power in Federal cases,
a power it now has in State and local employee cases.
Also provides for the taking of depositions, and for
compelling testimony under grant of immunity from
prosecution, subject to the approval of the Attorney
General. Permits the Commission to proceed in a case
even though a possible criminal offense has been
reported to the Attorney General.
Section 7330 - Reduces, the minimum penalty from a thirty--day
suspension to a five-day suspension. It also
authorizes a bar from Federal. employment of up to
three y'~ars, replacing the mandatory, permanent bar
against reAppointment in the employing agency when
the peina L' y of removal is imposed.
Section 7331 - Allows 3L employee aggrieved by a decision or order
of the ;omission to seek review by the United States
Court u,1 Appeals for the circuit in which he resides,
or by the United States Court of Appeals for the
District of Columbia Circuit.
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 -6-
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Chapter 15,,title 5, United States Code
Section 1501 - Contains necessary definitions. The definition of
"State or local employee" is the same as in present
law coverage, except that it specifically excludes
the Governor, an acting Governor, or a Lieutenant
Governor, which aligns the State and local executive
officer exclusions with the Federal law which excludes
the President and Vice President. The definition of
"State or local agency" is broadened to include an
' agency established by two or more States or political
subdivisions. Contains other definitions identical
to those in section 7321 of the bill.
Section 1502 - Sets faith permissible activities in more detail
than does the present law. It also authorizes the
head of a State or local agency to restrict permissible
activities when the duties of an employee c .:group of
employees justify such limitation.
Section 1503 - Strengthens the prohibitions on coercion. The
languagE' is substantially the same as section 7323.
Section 1504 - Sets ff)rth the prohibitions on political management
and political campaigning in greater detail than
present law. The language is substantially the same
as sectic.n 7324.
Section 1505 - Lists employees who are excepted from section 1504.
The exceptions correspond, insofar as possible, to
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the exceptions accorded Federal employees and includes
the provision that the Commission is authorized to
except certain classes of limited-tenure employees.
Section 1506 - Allows participation in management and campaigns
involving both partisan and nonpartisan elections for
local part-time offices in political subdivisions
designated by the Civil Service Commission. Participation
in these communities is permitted for State and local
employees on the same basis as for Federal employees.
Section 1507 - As in section 7327 of the bill, allows active partici-
pation in nonpartisan elections.
Section 1508 - Provides that an employee who allegedly has violated
the restrictions is entitled to a letter of charges,
the right to answer in writing, a hearing, and a
decision on the record.
Section 1509 - Sets out the Commission's subpena power in State and
local cases, and otherwise parallels the provisions
applicable to Federal cases (section 7329).
Section 1510 - Reduces the minimum penalty from removal to a five-
day suspension. It also authorizes a bar from employment
of up to three years by the State or political sub-
division in which the emdloyee was employed. Current
law does: not allow suspension for minor infractions
so that, unless there is a serious violation, no penalty
attaches.
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-8-
Section 1511 - Authorizes withholding from loans or grants when the
State or local agency does not put into effect the
penalty recommended by the Commission. It is generally
similar to the present provision except that the amount
authorized to be withheld has been increased to make
this sanction more effective. Stronger penalties
apply for violations involving coercion and use of
official authority or influence than for violations
involving management and campaigning.
Section 1512 - Authorizes a State or local employee or State or local
agency to-seek review of a Commission decision. Review
is to be by a United States Court of Appeals (rather
than, as currently, by a district court) to accord
with more modern practice and to achieve uniformity
with the review of Federal cases appealed from other
Federal agencies. The present requirement that the
employee be suspended pending court review has been
deleted.
Section 1513 - Expresses the sense of Congress that State or local
agencies should award pay to employees, under the
same conditions that would entitle a Federal employee
to back pay, when it is found that the loss of pay
is due to unwarranted action under this chapter.
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TAB
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111-185
Part 733
Political Activity of Federal Employees
SUBPART A. THE COMPETITIVE SERVICE
General Provisions
SEC.
733.101 Definitions
Permissible Activities
733.111 Permissible activities
Prohibited Activities
733.121 Use of official authority; prohibition
733.122 Political management and political cam-
paigning; prohibitions
733.123 Prohibited activity; exception of certain
employees
733.124 Political management and political cam-
paigning; exception of certain elections
Procedure
733.131 Investigation
733.132 Charges
733.133 Answer
733.134 Motions
733.135 Hearings
733.136 Powers of the examiner
733.137 Decision
SUBPART B. THE EXCEPTED SERVICE
733.201 Jurisdiction
733.202 Agency procedure
733.203 Appeal to the Commission
733.204 Commission procedure
SUBPART C. THE JOB CORPS
733.301 Coverage
733.302 Procedure
.SUBPART D. THE UNITED STATES POSTAL
SERVICE
733.401 Jurisdiction
733.402 Procedure
AUTHORITY: The provisions of this part 733 issued
under 5 U.S.C. 1308, 3301, 3302, 7301, 7324, 7325,
7327; 42 U.S.C. 2729; E.O. 10577, 3 CFR 1954-58
Comp.
SUBPART A. THE COMPETITIVE
SERVICE
General Provisions
Sec. 733.101 Definitions. In this subpart:
(a) Employee means an individual who oc-
cupies a position in the competitive service;
(b) Agency means an executive agency and
the government of the District of Columbia;
(c) Political party means a national politi-
cal party, a State political party, and an
affiliated organization;
(d) Election includes a primary, special, and
general election;
(c) Nonpartisan election means-
(1) An election at which none of the candi-
dates is to be nominated or elected as repre-
senting a political party any of whose candidates
for presidential elector received votes in the
last preceding election at which presidential
electors were selected; and
(2) An election involving a question or issue
which is not specifically identified with a
political party, such as a constitutional amend-
ment, referendum, approval. of a municipal
ordinance, or any question or issue of a similar
character; and
(f) Partisan when used as an adjective refers
to a political party.
Permissible Activities
Sec. 733.111 Permissible, activities. (a) All
employees are free to engage in political activ-
ity to the widest extent consistent with the
restrictions imposed by law and this subpart.
Each employee retains the right to-
(1) Register and vote in any election;
(2) Express his opinion as an individual
Inst. 112
September 16, 1971
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BOOK III. RULES AND REGULATIONS
privately and publicly on political subjects and
candidates;
(3) Display a political picture, sticker, badge,
or button;
(4) Participate in the nonpartisan activities
of a civic, community, social, labor, or pro-
fessional organization, , or of a similar
organization;
(5) Be a member of a political party or other
political organization and participate in its
activities to the extent consistent with law;
(6) Attend a political convention, rally,
fund-raising function; or other political
gathering;
(7) Sign a political petition as an individual;
(8) Make a financial contribution to a
political party or organization;
(9) Take an active part, as an independent
candidate, or in support of an independent
candidate, in a partisan election covered by
section 733.124;
(10) Take an active part, as a candidate or
in support of a candidate, in a nonpartisan
election;
(11) Be politically active in connection with
a question which is not specifically identified
with a political party, such as a constitutional
amendment, referendum, approval of a munici-
pal ordinance or any other question. or issue of
a similar character;
(12) Serve as an election judge or clerk, or
in a similar position to perform nonpartisan
duties as prescribed by State or local law; and
(13) Otherwise participate fully in public
affairs, except as prohibited by law in a man-
ner which does not materially compromise his
efficiency or integrity as an employee or the
neutrality, efficiency, or integrity of his agency.
(b) Paragraph (a) of this section does not
authorize an employee to engage in political
activity in violation of law, while on duty, or
while in a uniform that identifies him as an
employee. The head of an agency may prohibit
or limit the participation of an employee or class
of employees of his agency in an activity per-
mitted by paragraph (a) of this section, if
participation in the activity would interfere
with the efficient performance of official duties,
or create a conflict or apparent conflict
of interests.
Prohibited Activities
Sec. 733.121 Use of official authority; pro.
hibition. An employee may not use his official
authority or influence for the purpose of inter-
fering with or affecting the result of an election.
Sec. 733.122 Political management and polit-
ical campaigning; prohibitions. (a) An em-
ployee may not take an active part in political
management or in a political campaign, except
as permitted by this subpart.
(b) Activities prohibited by paragraph (a)
of this section include but are not limited to-
(1) Serving as an officer of a political party,
a member of a national, State, or local com-
mittee of a political party, an officer or member
of a committee of a partisan political club, or
being a candidate for any of these positions;
(2) Organizing or reorganizing a political
party organization or political club;
(3) Directly or indirectly soliciting, receiv-
ing, collecting, handling, disbursing, or account-
ing for assessments, contributions, or other
funds for a partisan political purpose;
(4) Organizing, selling tickets to, promoting,
or actively participating in a fund-raising ac-
tivity of a partisan candidate, political party,
or political club;
(5) Taking an active part in managing the
political campaign of a partisan candidate for
public office or political party office;
(6) Becoming a partisan candidate for, or
campaigning for, an elective public office;
(7) Soliciting votes in support of or in opposi-
tion to a partisan candidate for public office or
political party office;
(8) Acting as recorder, watcher, challenger,
or similar officer at the polls on behalf of a politi-
cal party or partisan candidate;
(9) Driving voters to the polls on behalf of
a political party or partisan candidate;
(10) Endorsing or opposing a partisan candi-
date for public office or political party office in
a political advertisement, a broadcast, campaign
literature, or similar material;
(11) Serving as a delegate, alternate, or
proxy to a political party convention;
(12) Addressing a convention, caucus, rally,
or similar gathering of a political party in
support of or in opposition to a partisan
Inst. 112
September 16, 1971
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candidate for public office or political party
office; and
(13) Initiating or circulating a partisan
nominating petition.
Sec. 733.123 Prohibited activity ; exception
of certain employees. (a) Sections 733.121 and
733.122 do not apply to an employee of an
educational or 'research institution, establish-
ment, agency, or system which is supported in
whole or in part by the District of Columbia or
by a recognized religious, philanthropic, or
cultural organization.
(b) Section 733.122 does not apply to-
(1) An individual exempted under section
7324(d) of title 5, United States Code;
(2) An employee of The Alaska Railroad who
resides in a municipality on the line of the
railroad in respect to political activities in-
volving that municipality;
(3) Subject to the conditions of section 733.-
124, an employee who resides in a municipality
or other political subdivision designated by the
Commission under that section; or
(4) An employee who works on an irregular
or occasional basis, on the days that he performs
no services.
See. 733.124 Political management and po-
litical campaigning; exception of certain elec-
Annapolis (May 16, 1941)
Berwyn Heights (June 15, 1944)
Bethesda (Feb. 17, 1943)
Bladonsburg (Apr. 20, 1942)
Bowie (Apr. 11, 1952)
Brentwood (Sept. 26, 1940)
Capitol Heights (Nov. 12, 1940)
Cheverly (Dec. 18, 1940)
Chevy Chase, sections 1 and 2 (Mar, 4, 1941)
Chevy Chase, section 3 (Oct. 8, 1940)
Chevy Chase, section 4 (Oct, 2, 1940)
Martin's Additions 1, 2, 3, and 4 to
Chevy Chase (Feb. 13, 1941)
Chevy Chase View (Feb. 26, 1941)
College Park (June 13, 1945)
Cottage City (Jan. 15, 1941)
District Heights (Nov. 2, 1940)
Edmonston (Oct. 24, 1940)
Fairmont Heights (Oct. 24, 1940)
Forest Heights (Apr. 22, 1949)
Garrett Park (Oct. 2, 1940)
tions. (a) Section 733.122 does not prohibit
activity in political management or in. a po-
litical campaign by an employee in connection
with-
(1) A nonpartisan election, or
(2) Subject to the conditions and limitations
established by the Commission, an election
held in a municipality or political subdivision
designated by the Commission under paragraph
(b) of this section.
(b) For the purpose of subparagraph (2)
of paragraph (a) of this section, the Commission
may designate a municipality of political
subdivision in Maryland or Virginia in the
immediate vicinity of the District of Columbia
or a municipality in which the majority of
voters are employed by the Government of
the United States, when the Commission de-
termines that, because of special or unusual
circumstances, it is in the domestic interest
of employees to participate in local elections.
Information as to the documentation required
to support a request for designation is furnished
by the Commission on request. The Commission
has designated the following municipalities and
political subdivisions, effective on the date
specified :
Maryland
Glenarden (May 21, 1941)
Glen Echo (Oct. 22, 1940)
Greenbelt (Oct. 4, 1940)
Hyattsville (Sept. 20, 1940)
Kensington (Nov. 8, .1940)
Landover Hills (May 5, 1945),
Montgomery. County (Apr. 30, 1964)
Morningside (May 19, 1949)
Mount Rainer (Nov. 22, 1940)
North Beach (Sept. 20, 1940)
North Brentwood (May 6, 1941)
North Chevy Chase (July 22, 1.942)
Northwest Park (Feb. 17, 1943)
Prince Georges County (June 19, 1962)
Riverdale (Sept, 26, 1940)
Rockville (Apr. 15, 1948)
Seat Pleasant (Aug. 31, 1942)
Somerset (Nov. 22, 1940)
Takoma Park (Oct. 22, 1940)
University Park (Jan. 18, 1941)
Washington Grove (Apr. 5, 1941)
Inst. 115
January 3, 1972
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Alexandria (Apr. 15, 1941)
Arlington County (Sept. 9, 1940)
Clifton (July 14, 1941)
Fairfax County (Nov. 10, 1949)
Town of Fairfax (Feb. 9, 1954)
Falls Church (Juno 6, 1941)
Anchorage, AK (Dec. 29, .1947)
Benicia, CA (Feb. 20, 1948)
Bremerton, WA (Feb. 27) 1946)
.+Centerville, GA (Sept. 16, 1971)4
Crane, IN (Aug. 3, 1967)
Elmer City, WA (Oct. 28, 1947)
Huachuca City, AZ (April 9, 1959)
In Virginia
Herndon (Apr. 7, 1945)
- Loudoun County (Oct. 1, 1971)4
Portsmouth (Feb. 27, 1958)
Prince William County (Feb. 14, 1967)
Vienna (Mar. 18,,1946)
Other Municipalities
New Johnsonville, TN (April 26, 1956)
Norris, TN (May 6, 1959)
Port Orchard, WA (Feb. 27, 1946)
Shrewsbury, NJ (July 2, 1968)
Sierra Vista, AZ {Oct. 5, 1955)
Warner Robins, GA (Mar. 19, 1948)
(c) An employee who resides in a municipality
or political subdivision listed in paragraph (b)
of this section may take an active part in
political management and political campaigns
in connection with partisan elections for local
offices of the municipality or political subdivi-
sion, subject to the following limitations:
(1) Participation in politics shall be as an
independent candidate or on behalf of, or in
opposition to, an independent candidate.
(2) Candidacy for, and service in, an elective
office shall not result in neglect of or intorfer-
once with the performance of the duties of the
employee or create a conflict, or apparent con-
flict, of interests.
Procedure
Sec. 733.131 Investigation. An agency shall
promptly inform the Commission of any in-
stance of prohibited political activity on the
part of an employee in the competitive service.
The Commission will determine whether to
investigate an allegation of prohibited activity
that it receives from an agency or from any
other source. The employing agency will be
notified before the investigation is started.
Sec. 733.132 Charges. After review of the
report of investigation, the General Counsel of
the Commission may close the case or issue
charges. The charges shall set forth the alleged
political activity specifically and in detail. The
charges shall be served on the employee at least
30 days before the date of the adverse action
Inst. 115
January 3, 1972
that is proposed. The employee may be repre-
sented by counsel at this and every other stage
of the proceedings. The employee is entitled to
be retained in an active-duty status until a final
decision is made by the Commission.
Sec. 733.133 Answer. (a) The employee may
answer the charges within 15 days from the day
he receives them. He may answer personally, in
writing, or both personally and in writing, and
may furnish affidavits in support of his answer.
(b) After review of the answer or after the
time for answering has expired, the General
Counsel may close the case or refer it to an
examiner of the Commission for further pro-
ceedings.
Sec. 733.134 Motions. An application or
request for an order or ruling not otherwise
specifically provided for in this subpart shall be
made by motion addressed to the Commission
or the examiner. The motion and supporting
reasons shall be served on the parties. Objections
to a motion shall be submitted within 10 days
after the motion is served, except that a motion
for continuance or extension of time may be
ruled upon ex parte.
See. 733.135 Hearings. (a) Unless the employee
and the General Counsel agree to waive a
hearing, the examiner shall schedule a hearing
considering the convenience of the parties as to
time and place. The hearing examiner shall
notify the parties of the date and place of the
hearing at least 10 days in advance.
FPM Supplement 990-1
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~arte o wat t'va y e~e~a mp or~e.c.v
(b) Testimony is under oath or affirmation.
Witnesses who testify are subject to cross-
examination. Each party is responsible for
securing the attendance of his witnesses. The
examiner may allow the introduction of
affidavits.
(c) The hearing is recorded by a reporter
designated by the Commission. The Commission
furnishes a copy of the transcript to the em-
ployee without charge.
Sec. 733.136 Powers of the examiner. The
examiners may:
(a) Administer oaths and affirmations;
(b) Rule on offers of proof and receive rele-
vant evidence;
(c) Fix the time and place of hearing;
(d) Regulate the course of the hearing;
(e) Exclude any person from the hearing for
contumacious conduct or misbehavior that ob-
structs the hearing;
(f) Hold conferences for simplification of the
issues, or for any other purpose;
(g) Dispose of procedural requests or similar
matters;
(h) Authorize, and set the time for, the filing
of briefs, memorandums of law, or other docu-
ments as may be required in the proceedings;
(i) Grant continuances and extensions of time;
and
(j) Take any other action in the course of the
proceedings consistent with the purpose of this
subpart.
Sec. 733.137 Decision. Following the hearing
or the receipt of the file when hearing is waived,
the examiner shall prepare and forward to the
Commission his recommended decision and the
record on which it is based. The Commission
makes its decision on this record and notifies
the employee and the employing agency. If the
Commission's decision is that the employee
engaged in prohibited political activity, the
penalty is removal from the service, unless the
Commission unanimously agrees that a less
severe penalty is justified. Suspension without
pay for thirty days is the minimum penalty.
FPM Supplement 990-1
SUBPART B. THE EXCEPTED SERVICE
Sec. 733.201 Jurisdiction. 'Sections " 733.-
111-733.124 apply to an employee in the ex-
cepted service. It is the responsibility of the
employing agency to investigate and decide
allegations of prohibited political activity on
part of such an employee. an
Sec. 733.202 Agency procedure. (a) An
agency shall process cases of alleged po-
litical activity by an employee in the excepted
service under procedures like those in sections
733.132 and 733.133. MONO%
(b) After review of the answer or after the
time for answering has expired, the agency
makes its decision and notifies the employee. If
the agency's decision is that the employee
engaged in prohibited political activity the
penalty is removal from the service. The agency
shall inform the employee of his right to appeal
e Commission.
Sec. 733.203 Appeal to the Commission.
When the agency decision is to remove an
employee in the excepted service, the employee
may appeal to the Commission. The time limit
for filing an appeal is 15 days from the date of
ceipt of the notice of the agency decision.
ec. 733.204 Commission procedure. In
adjudicating an appeal under this subpart,
the Commission follows the procedures set
out in sections 733.134-733.137.
SUBPART C. THE JOB CORPS
Sec. 733.301. Coverage. Thjs subpart ap-
plies to each officer, employee, and enrollee of
the Job Corps established by the Economic
Opportunity Act of 1964, " as amended, who
is alleged to have engaged in political activity
in violation of that act.
Sec. 733.302 Procedure. An action against an
individual covered by this subpart is processed
by the Commission under the procedures set
out in sections 733.131-733.137.
->SUBPART D. TIIE UNITED STATES
POSTAL SERVICE
Sec. 733.401 Jurisdiction. Sections 733.111-
733.124 apply to an employee of the United
Inst. 112
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States Postal Service. By agreement with this Sec. 733.402 Procedures. The procedures of
agency, the Civil Service Commission investi- sections 733.131-733.137 apply to An action'
gates and adjudicates an allegation of political, taken by the Civil Service Commission against
activity in violation of these sections by a an employee over whom it has jurisdiction
covered agency employee. under this subpartA-
Inez. 112
September 16, 1971
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PERSONNEL
4. POLITICAL ACTIVITY
a. Restrictions on Federal employee participation in political
activities are based on the Hatch Act, as amended. These restrictions
apply equally.to all Agency employees. The law provides severe
penalties for violatiQns whether willful or not. Below are listed
some of the prohibited activities under the Hatch Act. Employees
interested in complete information on the limitation on political
activities?should.contact the Office of Personnel. An Agency
employee may not
(1) take annual leave to participate in a political campaign;
(2) be a candidate for nomination for or election to a national
or state political office; (He may run for a local cpmmunity
office'only under certain specified circumstances.)
(3) solicit others to become candidates for nomination for or
election to political offices;
(1+) transport voters, except members of his immediate family, to
the polls;
(5) distribute political campaign material;
(6) march in a political parade;
(7) actively promote or sell tickets to such activities as political
dinners ;
(8) publish or write for publication any article or letter solicit-
ing votes for or against any political party or candidate;
(9) solicit or receive any assessment or contribution for any
political purpose;
(10) campaign for or against a political party or candidate; or
(11) make a political contribution in a Federal building or to
another Federal employee.
Cdi'i ",711TIfit
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 UNCLASSI FI R~_.......~I ~1_ cm-AY{.Vffh,AO,", . or%1,71mhrVil EUDF 1k&Lonnnn o I I SECRET
ROUTING AND RECORD SHEET
SUBJECT: (Optional)
FROM:
EXTENSION
NO.
Assistant Legislative Counsel
7D35
6136
DATE
21 April 1 72
TO: (Officer designation, room number, and
building)
DATE
OFFICER'S
COMMENTS (Number each comment to show from whom
RECEIVED
FORWARDED
INITIALS
to whom. Draw a line across column after each comment.)
2 s
APR 197
2
Per our telecon. Please
2.
return the attached to us with a
copy for the IG, which we will
forward.(This is my only copy)
3.
---
.
2
--------
4.
Assistant gislative Counsel
Attachment
6.
-
j - (\ n(1LS C' I\ -
~~ I-ifP~c 1GP
10.
11.
14.
15.
FORM
3-62
61 0 USEDITIREV O S ^ SECRET ^ CONFIDENTIAL ^ USE ONLY
^ UNCLASSIFIED
 El UNCLASSI FIproveo INTERNAL 2001/08/30: CIA-R
3B00'ZWA060180010-8^ SECRET
ROUTING AND RECORD SHEET
SUBJECT: (Optional)
FROM:
EXTENSION
NO.
Legislative Counsel
6136
DATE
17 April 1972
TO: (Officer designation, room number, and
building)
DATE
OFFICER'S
COMMENTS (Number each comment to show from whom
INITIALS
to whom. Draw a line across column after each comment.)
RECEIVED
FORWAR ED
OGC
For your information or
The attached
t
-- - -
-
commen
.
2.
memorandum was also forwarded
to t DDS and IG.
3.
4
Assista Legislative Counsel
att.
12.
13.
15.
FORM 61 p uSEDITIONSUS F-1 SECRET ^ CONFIDENTIAL E] USE ONLY ^ UNCLASSIFIED
3-62