§7322 — Title 5 Government Organization and Employees | U.S. Code

Summary

Defines who counts as an employee, what a partisan political office is, and what counts as a political contribution for this part of the law. Employee — anyone who works in an Executive agency (but not the Government Accountability Office), or who holds a competitive-service job outside an Executive agency; the President and Vice President are not included. Partisan political office — an office filled by a candidate who runs as a member of a party that had Presidential elector votes in the last Presidential election; jobs inside a political party are not included. Political contribution — money or anything valuable given for a political purpose; promises or agreements to give; payments (by someone other than a candidate or a party) that cover another person’s pay when that person provides unpaid services for a candidate or party; and the providing of personal services for political purposes.

Title 5, §7322

Government Organization and Employees — Source: USLM XML via OLRC

For the purpose of this subchapter—

(1)“employee” means any individual, other than the President and the Vice President, employed or holding office in—

(A)an Executive agency other than the Government Accountability Office; or

(B)a position within the competitive service which is not in an Executive agency;

(2)“partisan political office” means any office for which any candidate is nominated or elected as representing a party any of whose candidates for Presidential elector received votes in the last preceding election at which Presidential electors were selected, but shall exclude any office or position within a political party or affiliated organization; and

(3)“political contribution”—

(A)means any gift, subscription, loan, advance, or deposit of money or anything of value, made for any political purpose;

(B)includes any contract, promise, or agreement, express or implied, whether or not legally enforceable, to make a contribution for any political purpose;

(C)includes any payment by any person, other than a candidate or a political party or affiliated organization, of compensation for the personal services of another person which are rendered to any candidate or political party or affiliated organization without charge for any political purpose; and

(D)includes the provision of personal services for any political purpose.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 7322, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 525, prohibited employees in Executive agencies or competitive service from using official authority or influence to coerce political actions of persons or bodies, prior to the general revision of this subchapter by Pub. L. 103–94.

Amendments

2012—Par. (1). Pub. L. 112–230, § 3(e)(4), substituted “services or an individual employed or holding office in the government of the District of Columbia;” for “services;” in concluding provisions. Pub. L. 112–230, § 3(e)(1)–(3), inserted “or” at end of subpar. (A), struck out “or” at end of subpar. (B), and struck out subpar. (C) which read as follows: “the government of the District of Columbia, other than the Mayor or a member of the City Council or the Recorder of Deeds;”. 2004—Par. (1)(A). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2012 AmendmentAmendment by Pub. L. 112–230 effective 30 days after Dec. 28, 2012, see section 5(a) of Pub. L. 112–230, set out as a note under section 1501 of this title.

§7322 Definitions