U.S. Code » Title 5 » Part PART III— EMPLOYEES › Subpart Subpart F— Labor-Management and Employee Relations › Chapter CHAPTER 73— SUITABILITY, SECURITY, AND CONDUCT › Subchapter SUBCHAPTER III— POLITICAL ACTIVITIES

5 U.S.C. § 7322

Definitions

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For the purpose of this subchapter—(1) “employee” means any individual, other than the President and the Vice President, employed or holding office in—(A) an Executive agency other than the Government Accountability Office; or(B) 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;(2) “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(3) “political contribution”—(A) means any gift, subscription, loan, advance, or deposit of money or anything of value, made for any political purpose;(B) includes any contract, promise, or agreement, express or implied, whether or not legally enforceable, to make a contribution for any political purpose;(C) 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(D) includes the provision of personal services for any political purpose.(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.)Editorial NotesPrior 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.

Amendments

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 SubsidiariesEffective 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.

Notes of Decisions
Cited in 16 cases (2 in the last 5 years), 1995–2024 · leading case: Siefert v. Alexander, 608 F.3d 974 (7th Cir. 2010).
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Siefert v. Alexander, 608 F.3d 974 (7th Cir. 2010). · cites it 2× “5 U.S.C. § 7322 (1); See also Letter Carriers, 413 U.”
McEntee v. Merit Sys. Prot. Bd., 404 F.3d 1320 (Fed. Cir. 2005). “” 5 U.S.C. § 7322 (2) (2000). 3 In addition to changing the language and substance of the prohibition effected by the Act, the 1993 Amendments added a policy statement to the statute.”
Roger Merle Green Party State Comm., Inc. v. United States, 351 F.3d 92 (3rd Cir. 2003). “” 5 U.S.C. § 7322 (2). Candidates for the office of United States Representative are routinely nominated and elected as representatives of the Democratic and Republican parties, whose candidates for Presidential elector received votes in the last preceding Presidential election.”
Eric M. Kane v. Merit Sys. Prot. Bd., 210 F.3d 1379 (Fed. Cir. 2000). · cites it 2× “" 5 U.S.C. § 7322 (1) (1994). For the purposes of Title 5, "Executive Agency" is defined as "an Executive department, a Government corporation, and an independent establishment.”
Lewis v. Merit Sys. Prot. Bd., 594 F. App'x 974 (Fed. Cir. 2014). “” 5 U.S.C. § 7322 (2). Furthermore, a USPS employee may not “knowingly solicit, accept, or receive a political contribution from any person.”
Perkins v. Off. of Special Couns., 522 F.3d 1373 (Fed. Cir. 2008). “It would be inappropriate in this opinion to discuss in detail the status of proceedings against District of Columbia employees, an issue that has not been briefed and is not presented in this case; it is sufficient for present purposes to point out that 5 U.S.C. § 7322 (1)(C)…”
Eisinger v. Merit Sys. Prot. Bd., 236 F. App'x 628 (Fed. Cir. 2007). “” 5 U.S.C. § 7322 (1)(A). Mr. Eisinger admits that he engaged in political activities in support of the Green Party of California while on-duty at his government job.”
Application of 18 U.S.C. § 603 to Contributions to the President's Re-Election Comm. (OLC 2003). · cites it 3× “” 5 U.S.C. § 7322 (1) (2000). We concluded that the subsection (c) exception “applies to the entire executive branch with the possible exception of members of the uniformed services.”
Application of the Anti-Nepotism Statute to a Presidential Appointment in the White House Off. (OLC 2017). “” 5 U.S.C. § 7322 (1)(A). Several considerations led us in our Section 603 Opinion to confirm a prior opinion treating the White House Office as an “Executive agency” for purposes of section 7322(1), see Whether 18 U.”
Citizens for Responsibility & Ethics in Washington v. U.S. Off. of Special Couns. (D.D.C. 2020). “an Executive agency 2 other than the Government Accountability Office,” 5 U.S.C. § 7322 (1), including White House Office employees.”
Keith Arnold v. Keith L. Arnold (MSPB 2023). “101; see also 5 U.S.C. § 7322 (2). There is no evidence in the record, or any argument made by the respondent, that undermines the administrative law judge’s finding that the primary elections for Washington’s 8th Congressional District included candidates from political parties…”
Choudhury Salekin v. Off. of Special Couns. (MSPB 2024). “2 Pursuant to 5 U.S.C. § 7322 (2), “partisan political office” is defined as “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…”
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