§7325 — Title 5 Government Organization and Employees | U.S. Code

Summary

The Office of Personnel Management can create rules that let federal employees take active roles in political campaigns or political management in the town where they live, even if other rules in 5 U.S.C. 7323(a)(2)-(3) and 7323(b)(2) would normally forbid it. This can only happen when the area is either the District of Columbia, parts of Maryland or Virginia right next to D.C., or a town where most voters work for the federal government, and OPM finds special or unusual circumstances that make allowing the activity in the employees’ domestic interest.

Title 5, §7325

Government Organization and Employees — Source: USLM XML via OLRC

The Office of Personnel Management may prescribe regulations permitting employees, without regard to the prohibitions in paragraphs (2) and (3) of section 7323(a) and paragraph (2) of section 7323(b) of this title, to take an active part in political management and political campaigns involving the municipality or other political subdivision in which they reside, to the extent the Office considers it to be in their domestic interest, when—

(1)the municipality or political subdivision is—

(A)the District of Columbia;

(B)in Maryland or Virginia and in the immediate vicinity of the District of Columbia; or

(C)a municipality in which the majority of voters are employed by the Government of the United States; and

(2)the Office determines that because of special or unusual circumstances which exist in the municipality or political subdivision it is in the domestic interest of the employees and individuals to permit that political participation.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 7325, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 526; Pub. L. 96–54, § 2(a)(44), Aug. 14, 1979, 93 Stat. 384, related to penalties, prior to the general revision of this subchapter by Pub. L. 103–94.

Amendments

2012—Par. (1). Pub. L. 112–230 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “the municipality or political subdivision is in Maryland or Virginia and in the immediate vicinity of the District of Columbia, or is a municipality in which the majority of voters are employed by the Government of the United States; and”. 1996—Pub. L. 104–93 inserted “and paragraph (2) of section 7323(b)” after “section 7323(a)”.

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.

§7325 Political Activity Permitted; Employees Residing in Certain Municipalities