From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 1, 1994]
[CITE: 5USC7321]
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III--EMPLOYEES
Subpart F--Labor-Management and Employee Relations
CHAPTER 73--SUITABILITY, SECURITY, AND CONDUCT
SUBCHAPTER III--POLITICAL ACTIVITIES
Sec. 7321. Political participation
It is the policy of the Congress that employees should be encouraged
to exercise fully, freely, and without fear of penalty or reprisal, and
to the extent not expressly prohibited by law, their right to
participate or to refrain from participating in the political processes
of the Nation.
(Added Pub. L. 103-94, Sec. 2(a), Oct. 6, 1993, 107 Stat. 1001.)
Prior Provisions
A prior section 7321, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 525,
related to political contributions and services of employees in
Executive agencies or competitive service, prior to the general revision
of this subchapter by Pub. L. 103-94.
Effective Date; Savings Provision
Section 12 of Pub. L. 103-94 provided that:
``(a) The amendments made by this Act [enacting sections 5520a and
7321 to 7326 of this title and section 610 of Title 18, Crimes and
Criminal Procedure, amending sections 1216, 2302, 3302 and 3303 of this
title, sections 602 and 603 of Title 18, section 410 of Title 39, Postal
Service, and sections 1973d and 9904 of Title 42, The Public Health and
Welfare, and omitting former sections 7321 to 7328 of this title] shall
take effect 120 days after the date of the enactment of this Act [Oct.
6, 1993], except that the authority to prescribe regulations granted
under section 7325 of title 5, United States Code (as added by section 2
of this Act), shall take effect on the date of the enactment of this
Act.
``(b) Any repeal or amendment made by this Act of any provision of
law shall not release or extinguish any penalty, forfeiture, or
liability incurred under that provision, and that provision shall be
treated as remaining in force for the purpose of sustaining any proper
proceeding or action for the enforcement of that penalty, forfeiture, or
liability.
``(c) No provision of this Act shall affect any proceedings with
respect to which the charges were filed on or before the effective date
of the amendments made by this Act. Orders shall be issued in such
proceedings and appeals shall be taken therefrom as if this Act had not
been enacted.''
Delegation of Authority
Memorandum of President of the United States, Oct. 27, 1994, 59 F.R.
54515, provided:
Memorandum for the Secretary of Defense
Pursuant to authority vested in me as the Chief Executive Officer of
the United States, and consistent with the provisions of the Hatch Act
Reform Amendment regulations, 5 CFR 734.104, and section 301 of title 3,
United States Code, I delegate to you the authority to limit the
political activities of political appointees of the Department of
Defense, including Presidential appointees, Presidential appointees with
Senate confirmation, noncareer SES appointees, and Schedule C
appointees.
You are authorized and directed to publish this memorandum in the
Federal Register.
William J. Clinton.
Memorandum of President of the United States, Oct. 24, 1994, 59 F.R.
54121, provided:
Memorandum for the Secretary of State
Pursuant to authority vested in me as the Chief Executive Officer of
the United States, and consistent with the provisions of the Hatch Act
Reform Amendment regulations, 5 CFR 734.104, and section 301 of title 3,
United States Code, I delegate to you the authority to limit the
political activities of political appointees of the Department of State,
including Presidential appointees, Presidential appointees with Senate
confirmation, noncareer SES appointees, and Schedule C appointees.
You are authorized and directed to publish this memorandum in the
Federal Register.
William J. Clinton.
Memorandum of President of the United States, Sept. 30, 1994, 59
F.R. 50809, provided:
Memorandum for the Attorney General
Pursuant to authority vested in me as the Chief Executive Officer of
the United States, and consistent with the provisions of the Hatch Act
Reform Amendment regulations, 5 CFR 734.104, and section 301 of title 3,
United States Code, I delegate to you the authority to limit the
political activities of political appointees of the Department of
Justice, including Presidential appointees, Presidential appointees with
Senate confirmation, noncareer SES appointees, and Schedule C
appointees.
You are authorized and directed to publish this memorandum in the
Federal Register.
William J. Clinton.