US Code

Public Law 119-83 (04/13/2026)

5 U.S.C. § 7323

Political activity authorized; prohibitions

(a)
Subject to the provisions of subsection (b), an employee may take an active part in political management or in political campaigns, except an employee may not—
(1)
use his official authority or influence for the purpose of interfering with or affecting the result of an election;
(2)
knowingly solicit, accept, or receive a political contribution from any person, unless such person is—
(A)
section 7103(4) of this title2 U.S.C. 441a(a)(4)1
1 See References in Text note below.
a member of the same Federal labor organization as defined under or a Federal employee organization which as of the date of enactment of the Hatch Act Reform Amendments of 1993 had a multicandidate political committee (as defined under section 315(a)(4) of the Federal Election Campaign Act of 1971 ()); 
(B)
not a subordinate employee; and
(C)
2 U.S.C. 441a(a)(4)1section 7103(4) of this title2 U.S.C. 441a(a)(4)1 the solicitation is for a contribution to the multicandidate political committee (as defined under section 315(a)(4) of the Federal Election Campaign Act of 1971 ())  of such Federal labor organization as defined under or a Federal employee organization which as of the date of the enactment of the Hatch Act Reform Amendments of 1993 had a multicandidate political committee (as defined under section 315(a)(4) of the Federal Election Campaign Act of 1971 ());  or
(3)
run for the nomination or as a candidate for election to a partisan political office; or
(4)
knowingly solicit or discourage the participation in any political activity of any person who—
(A)
has an application for any compensation, grant, contract, ruling, license, permit, or certificate pending before the employing office of such employee; or
(B)
is the subject of or a participant in an ongoing audit, investigation, or enforcement action being carried out by the employing office of such employee.
(b)
(1)
An employee of the Federal Election Commission (except one appointed by the President, by and with the advice and consent of the Senate), may not request or receive from, or give to, an employee, a Member of Congress, or an officer of a uniformed service a political contribution.
(2)
(A)
No employee described under subparagraph (B) (except one appointed by the President, by and with the advice and consent of the Senate), may take an active part in political management or political campaigns.
(B)
The provisions of subparagraph (A) shall apply to—
(i)
an employee of—
(I)
the Federal Election Commission or the Election Assistance Commission;
(II)
the Federal Bureau of Investigation;
(III)
the Secret Service;
(IV)
the Central Intelligence Agency;
(V)
the National Security Council;
(VI)
the National Security Agency;
(VII)
the Defense Intelligence Agency;
(VIII)
the Merit Systems Protection Board;
(IX)
the Office of Special Counsel;
(X)
the Office of Criminal Investigation of the Internal Revenue Service;
(XI)
the Office of Investigative Programs of the United States Customs Service;
(XII)
the Office of Law Enforcement of the Bureau of Alcohol, Tobacco, and Firearms;
(XIII)
the National Geospatial-Intelligence Agency; or
(XIV)
the Office of the Director of National Intelligence; or
(ii)
a person employed in a position described under section 3132(a)(4), 5372, 5372a, or 5372b of title 5, United States Code.
(3)
No employee of the Criminal Division or National Security Division of the Department of Justice (except one appointed by the President, by and with the advice and consent of the Senate), may take an active part in political management or political campaigns.
(4)
For purposes of this subsection, the term “active part in political management or in a political campaign” means those acts of political management or political campaigning which were prohibited for employees of the competitive service before , by determinations of the Civil Service Commission under the rules prescribed by the President.
(c)
An employee retains the right to vote as he chooses and to express his opinion on political subjects and candidates.

Pub. L. 103–94, § 2(a)107 Stat. 1002 Pub. L. 103–359, title V, § 501(k)108 Stat. 3430 Pub. L. 104–201, div. A, title XI, § 1122(a)(1)110 Stat. 2687 Pub. L. 106–554, § 1(a)(3) [title VI, § 645(a)(2)]114 Stat. 2763 Pub. L. 107–252, title VIII, § 811(a)116 Stat. 1727 Pub. L. 108–458, title I, § 1079(a)118 Stat. 3695 Pub. L. 109–177, title V, § 506(b)(2)120 Stat. 249 Pub. L. 110–417122 Stat. 4575 (Added , , ; amended , , ; , , ; , , , 2763A–170; , , ; , , ; , , ; , [div. A], title IX, § 931(a)(1), , .)

Editorial Notes

References in Text

Pub. L. 103–94The date of enactment of the Hatch Act Reform Amendments of 1993, referred to in subsec. (a)(2)(A), (C), is the date of enactment of , which was approved .

Pub. L. 92–22586 Stat. 3 section 30116 of Title 52The Federal Election Campaign Act of 1971, referred to in subsec. (a)(2)(A), (C), is , , , which was formerly classified principally to chapter 14 (§ 431 et seq.) of Title 2, The Congress, prior to editorial reclassification and renumbering in Title 52, Voting and Elections, and is now classified principally to chapter 301 (§ 30101 et seq.) of Title 52. Section 315 of this Act is now classified to . For complete classification of this Act to the Code, see Tables.

Prior Provisions

Pub. L. 89–55480 Stat. 525 Pub. L. 103–94A prior section 7323, , , , prohibited employee in Executive agency from requesting, receiving from, or giving to, an employee, a Member of Congress, or an officer of a uniformed service, a thing of value for political purposes and provided for removal from service of employee for violation, prior to the general revision of this subchapter by .

Amendments

Pub. L. 110–4172008—Subsec. (b)(2)(B)(i)(XIII). substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency”.

Pub. L. 109–1772006—Subsec. (b)(3). inserted “or National Security Division” after “Criminal Division”.

Pub. L. 108–4582004—Subsec. (b)(2)(B)(i)(XIV). added subcl. (XIV).

Pub. L. 107–2522002—Subsec. (b)(2)(B)(i)(I). inserted “or the Election Assistance Commission” after “Commission”.

Pub. L. 106–5542000—Subsec. (b)(2)(B)(ii). substituted “5372a, or 5372b” for “or 5372a”.

Pub. L. 104–2011996—Subsec. (b)(2)(B)(i)(XIII). substituted “National Imagery and Mapping Agency” for “Central Imagery Office”.

Pub. L. 103–3591994—Subsec. (b)(2)(B)(i)(XIII). added subcl. (XIII).

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Pub. L. 108–458section 3001 of Title 50For Determination by President that amendment by take effect on , see Memorandum of President of the United States, , 70 F.R. 23925, set out as a note under , War and National Defense.

Pub. L. 108–458section 1097(a) of Pub. L. 108–458section 3001 of Title 50Amendment by effective not later than six months after , except as otherwise expressly provided, see , set out as an Effective Date of 2004 Amendment; Transition Provisions note under , War and National Defense.

Effective Date of 2002 Amendment

Pub. L. 107–252section 20923 of Title 52section 21134(a) of Title 52Amendment by effective upon appointment of all members of the Election Assistance Commission under , Voting and Elections, see .

Effective Date of 1996 Amendment

Pub. L. 104–201section 1124 of Pub. L. 104–201section 193 of Title 10Amendment by effective , see , set out as a note under , Armed Forces.

Transfer of Functions

section 542 of Title 6For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under .

section 542 of Title 6Pub. L. 107–296section 211 of Title 6Pub. L. 114–125section 802(b) of Pub. L. 114–125section 211 of Title 6For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under . For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in as of , see , as amended generally by , and , set out as a note under .

section 531(c) of Title 6section 599A(c)(1) of Title 28For transfer of authorities, functions, personnel, and assets of the Bureau of Alcohol, Tobacco and Firearms, including the related functions of the Secretary of the Treasury, to the Department of Justice, see , Domestic Security and , Judiciary and Judicial Procedure.