5 U.S.C. § 7322: Definitions

Summary

Defines who the words mean for this part. "Employee" means a federal worker, except the President and Vice President, who works in an Executive agency (but not the Government Accountability Office) or holds a competitive-service job outside Executive agencies; it does not include members of the uniformed services or people employed by the government of the District of Columbia. "Partisan political office" means an office where candidates run as the representatives of a political party that had at least one candidate for Presidential elector who got votes in the most recent election for Presidential electors; it does not include positions inside a political party or its related groups. "Political contribution" means gifts, money, anything of value, promises or contracts to give such things, payments that cover another person’s pay when they work for a candidate or party without charge, and providing personal services for any political purpose.

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;

but does not include a member of the uniformed services or an individual employed or holding office in the government of the District of Columbia;

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