5 U.S.C. § 1501

Definitions

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For the purpose of this chapter—(1) “State” means a State or territory or possession of the United States;(2) “State or local agency” means the executive branch of a State, municipality, or other political subdivision of a State, or an agency or department thereof, or the executive branch of the District of Columbia, or an agency or department thereof;(3) “Federal agency” means an Executive agency or other agency of the United States, but does not include a member bank of the Federal Reserve System; and(4) “State or local officer or employee” means an individual employed by a State or local agency whose principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States or a Federal agency, but does not include—(A) an individual who exercises no functions in connection with that activity; or(B) an individual employed by an educational or research institution, establishment, agency, or system which is supported in whole or in part by—(i) a State or political subdivision thereof;(ii) the District of Columbia; or(iii) a recognized religious, philanthropic, or cultural organization.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 403; Pub. L. 93–443, title IV, § 401(c), Oct. 15, 1974, 88 Stat. 1290; Pub. L. 112–230, § 3(a), (b), Dec. 28, 2012, 126 Stat. 1616.)

Historical and Revision Notes
Derivation	U.S. Code	Revised Statutes and Statutes at Large
(1)	5 U.S.C. 118k–2.	July 19, 1940, ch. 640, § 4 “Sec. 19”, 54 Stat. 772.
(2), (3)	5 U.S.C. 118k(f).	July 19, 1940, ch. 640, § 4 “Sec. 12(f)”, 54 Stat. 770.
(4)	5 U.S.C. 118k(a) (1st 41 words), (e).	July 19, 1940, ch. 640, § 4 “Sec 12(a) (1st 41 words), (e)”, 54 Stat. 767, 770.
	5 U.S.C. 118k–1 (as applicable to 5 U.S.C. 118k).	Oct. 24, 1942, ch. 620 “Sec. 21 (as applicable to § 12 of the Act of Aug. 2, 1939; added July 19, 1940, ch. 640, § 4, 54 Stat. 767)”, 56 Stat. 986.
(5)	5 U.S.C. 118l (as applicable to 5 U.S.C. 118k).	July 19, 1940, ch. 640, § 4 “Sec. 15 (as applicable to § 12 of the Act of Aug. 2, 1939; added July 19, 1940, ch. 640, § 4, 54 Stat. 767)”, 54 Stat. 771.

In paragraph (4)(B), the words “or by any Territory or Territorial possession of the United States” are omitted in view of the definition of “State” in paragraph (1).

In paragraph (5), the words “July 19, 1940” are substituted for “at the time this section takes effect”.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial NotesAmendments

2012—Par. (2). Pub. L. 112–230, § 3(a), inserted “, or the executive branch of the District of Columbia, or an agency or department thereof” before semicolon at end.

Par. (4)(B). Pub. L. 112–230, § 3(b), added subpar. (B) and struck out former subpar. (B) which read as follows: “an individual employed by an educational or research institution, establishment, agency, or system which is supported in whole or in part by a State or political subdivision thereof, or by a recognized religious, philanthropic, or cultural organization.”

1974—Par. (5). Pub. L. 93–443 struck out par. (5) which defined “an active part in political management or in political campaigns”.

Statutory Notes and Related SubsidiariesEffective Date of 2012 Amendment

Pub. L. 112–230, § 5(a), Dec. 28, 2012, 126 Stat. 1617, provided that: This Act [see Short Title of 2012 Amendment note set out under section 101 of this title] and the amendments made by this Act shall take effect 30 days after the date of enactment of this Act [Dec. 28, 2012].”

Effective Date of 1974 Amendment

Amendment by Pub. L. 93–443 effective Jan. 1, 1975, see section 410(a) of Pub. L. 93–443, set out as a note under section 30101 of Title 52, Voting and Elections.

Notes of Decisions

Cited in 58 cases (1 in the last 5 years), 1968–2024 · leading case: Bobby Bland v. B. Roberts, 730 F.3d 368 (4th Cir. 2013).

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Bobby Bland v. B. Roberts, 730 F.3d 368 (4th Cir. 2013). · cites it 2× “Notwithstanding laws and regulations prohibiting the use of state equipment or resources for political activities, see Hatch Act, 5 U.S.C. § 1501 , et. seq.; 22 Va. Admin.”

Molina-Crespo v. United States Merit Sys. Prot. Bd., 547 F.3d 651 (6th Cir. 2008). · cites it 4× “5 U.S.C. § 1501 (4). In December 2003, while serving as Director, Molina officially declared his candidacy in the Democratic primary election for the office of Lorain County Commissioner.”

Robert D. Alexander v. Merit Sys. Prot. Bd., 165 F.3d 474 (6th Cir. 1999). · cites it 2× “The Act defines a covered employee as an individual employed by a state or local agency “whose principal employment is in connection with an activity which is financed in whole or part by loans or grants made by the United States or a Federal agency,” 5 U.S.C. § 1501 (4)…”

Donna Shondel & Mark J. McKechnie v. Thomas M. McDermott Individually & as Mayor of the City of Hammond, Indiana, 775 F.2d 859 (7th Cir. 1985). “” 5 U.S.C. §§ 1501 (4), 1502(a)(1). (The Act places tighter restrictions on the political activities of federal employees.”

Lisa B. Williams v. U.S. Merit Sys. Prot. Bd., & Off. of Special Couns. Governor's Off. for Individuals With Disabilities, 15 F.3d 46 (4th Cir. 1994). · cites it 2× “Williams’s primary contention is that she did not have the requisite personal connection with federal funding or federally-funded programs to fall within the definition of a “State or local officer or employee” under 5 U.S.C. § 1501 (4) (1988). Williams also filed a motion with…”

In re the Arbitration between Blackburne & Governor's Off. of Emp. Relations, 664 N.E.2d 1222 (NY 1996). · cites it 2× “The Hatch Act, 5 USC § 1501 et seq., bars employees of any State agency that is "financed in whole or in part by loans or grants made by the United States or Federal agency” from running for elective office ( 5 USC § 1501 [4]; § 1502 [a] [3]).”

Burke v. Bennett, 907 N.E.2d 529 (Ind. 2009). · cites it 2× “Burke claimed that Bennett's pre-election employment as Director of Operations at the Hamilton Center, a not-for-profit community mental health center headquartered in Terre Haute and a Head Start grant recipient, made Bennett subject to the Little Hatch Act, 5 U.S.C. § 1501…”

Nat'l Ass'n of Letter Carriers v. United States Civil Serv. Comm'n, 346 F. Supp. 578 (D.D.C. 1972). · cites it 4× “" 5 U.S.C. §§ 1501 (4), 1502, and 7324. See 1 United States Civil Service Commission Political Activity Reporter Introduction (1971) [hereafter cited as P.”

Brooks v. Nacrelli, 331 F. Supp. 1350 (E.D. Pa. 1971). · cites it 4× “Count II alleges that the activities constitute a violation of the Hatch Act, 5 U.S.C. § 1501 et seq. On October 28, 1968, after a hearing on plaintiffs’ motion for a preliminary injunction, we denied the claim for injunctive relief.”

Johnson v. Cushing, 483 F. Supp. 608 (D. Minnesota 1980). · cites it 2× “Defendants argue that the Hatch Act, 5 U.S.C. § 1501 (1976), effectively prohibits plaintiff from running for any partisan political office, and that it applies to federal employees and to state and local officers or employees “whose principal employment is in connection with an…”

Fishkin v. United States Civil Serv. Comm'n, 309 F. Supp. 40 (N.D. Cal. 1969). · cites it 4× “On January 19, 1967, the Commission initiated a proceeding under 5 U.S.C. § 1501 , charging Fishkin with engaging in prohibited political activity.”

Crespo v. United States Merit Sys. Prot. Bd., 486 F. Supp. 2d 680 (N.D. Ohio 2007). · cites it 2× “) In this capacity, Molina-Crespo was a “covered employee” under the federal Hatch Act (“the Act”), 5 U.S.C. § 1501 et seq. 1 Molina-Crespo filed papers with the Lo-rain County Board of Elections in December of 2003, declaring that he would be a candidate in the Democratic…”

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