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Title 5 — Government Organization and Employees

Part III · Chapter 73 — Suitability, Security, and Conduct

§ 7325. Political activity permitted; employees residing in certain municipalities

Statutory text

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.

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.

  1. Pub. L. 103–94 § 2(a) · 107 Stat. 1001

    Enacted · 5 U.S.C. § 7325

    Added Pub. L. 103–94, § 2(a), Oct. 6, 1993, 107 Stat. 1004

    Source evidence

    Code source credit
    Added Pub. L. 103–94, § 2(a), Oct. 6, 1993, 107 Stat. 1004

    Enacted provision · exact public law section
    (a) Subchapter III of chapter 73 of title 5, United States Code, is amended to read as follows:

  2. Intelligence Authorization Act for Fiscal Year 1996

    Pub. L. 104–93 title III § 308 · 109 Stat. 961

    Inserted · 5 U.S.C. § 7325

    Pub. L. 104–93 inserted “and paragraph (2) of section 7323(b)” after “section 7323(a)”

    Source evidence

    Code amendment note
    Pub. L. 104–93 inserted “and paragraph (2) of section 7323(b)” after “section 7323(a)”.

    Enacted provision · exact public law section
    SEC. 308. AMENDMENT TO THE HATCH ACT REFORM AMENDMENTS OF 1993. Section 7325 of title 5, United States Code, is amended by adding after “section 7323(a)” the following: “and paragraph (2) of section 7323(b)”.

  3. Hatch Act Modernization Act of 2012

    Pub. L. 112–230 § 3(f) · 126 Stat. 1616

    Amended · 5 U.S.C. § 7325(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (f) Employees Residing in Certain Municipalities.— Section 7325(1) of title 5, United States Code, is amended to read as follows: “(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” .

    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.

3 of 3 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

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

Amendments1996–2012 · 2 rounds

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 Amendment

Amendment by Pub. L. 112–230 effective 30 days after , 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
  1. 1993Added Pub. L. 103–94, § 2(a), , 107 Stat. 1004
  2. 1996amended Pub. L. 104–93, title III, § 308, , 109 Stat. 966
  3. 2012Pub. L. 112–230, § 3(f), , 126 Stat. 1617.
Show as published

(Added Pub. L. 103–94, § 2(a), , 107 Stat. 1004; amended Pub. L. 104–93, title III, § 308, , 109 Stat. 966; Pub. L. 112–230, § 3(f), , 126 Stat. 1617.)

Parsed from the official OLRC USLM XML in data/usc_all/usc05.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t5/s7325