§ 7322. Definitions

Statutory text

For the purpose of this subchapter—

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

an Executive agency other than the Government Accountability Office; or

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;

“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

“political contribution”—

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

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

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

includes the provision of personal services for any political purpose.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1993
Pub. L. 103–94 § 2(a) · 107 Stat. 1001
Enacted · 5 U.S.C. § 7322
Added Pub. L. 103–94, § 2(a), Oct. 6, 1993, 107 Stat. 1001
Source evidence
Code source credit
Added Pub. L. 103–94, § 2(a), Oct. 6, 1993, 107 Stat. 1001
Enacted provision · exact public law section
(a) Subchapter III of chapter 73 of title 5, United States Code, is amended to read as follows:
2004
GAO Human Capital Reform Act of 2004
Pub. L. 108–271 § 8(b) · 118 Stat. 811
Substituted · 5 U.S.C. § 7322(1)(A)
Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”
Source evidence
Code amendment note
Par. (1)(A). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
Enacted provision · exact public law section
(b) References.— Any reference to the General Accounting Office in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act shall be considered to refer and apply to the Government Accountability Office.
2012
Hatch Act Modernization Act of 2012
Pub. L. 112–230 § 3(e)(4) · 126 Stat. 1616
Substituted · 5 U.S.C. § 7322(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
Source evidence
Code amendment note
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.
Enacted provision · exact public law section
(4) by striking “services;” and inserting “services or an individual employed or holding office in the government of the District of Columbia;”.
Effective date note
Amendment 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.
2012
Hatch Act Modernization Act of 2012
Pub. L. 112–230 § 3(e)(1) · 126 Stat. 1616
1. Inserted · 5 U.S.C. § 7322(1)
  Pub. L. 112–230, § 3(e)(1)–(3), inserted “or” at end of subpar. (A)
2. Struck · 5 U.S.C. § 7322(1)
  Pub. L. 112–230, § 3(e)(1)–(3), struck out “or” at end of subpar. (B)
3. Struck · 5 U.S.C. § 7322(1)
  Pub. L. 112–230, § 3(e)(1)–(3), 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;”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
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;”.
Enacted provision · exact public law section
(1) in subparagraph (A), by adding “or” at the end;
Effective date note
Amendment 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.

6 of 6 references resolved to an enrolled provision

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.

Amendments2004–2012 · 2 rounds

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 Amendment

Amendment 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.

Credits

1993–2012 · 3 acts

1993Added Pub. L. 103–94, § 2(a), Oct. 6, 1993, 107 Stat. 1001
2004amended Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814
2012Pub. L. 112–230, § 3(e), Dec. 28, 2012, 126 Stat. 1617.

Show as published

(Added Pub. L. 103–94, § 2(a), Oct. 6, 1993, 107 Stat. 1001; amended Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 112–230, § 3(e), Dec. 28, 2012, 126 Stat. 1617.)