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S.235 — 93rd Congress (1973-1974) [93rd]
Sponsor:
Sen. Moss, Frank E. [D-UT] (Introduced 01/06/1973)

Summary:
Summary: S.235 — 93rd Congress (1973-1974)

There is one summary for this bill. Bill summaries are authored by CRS.

Shown Here:
Introduced in Senate (01/06/1973)

Federal Employees Political Activities Act - Provides that Federal employees are permitted to: (1) register and vote in any election; (2) express opinions freely in private and in public on any political subject or candidate; (3) join a political party or other party organization and actively participate in its affairs, while not on duty, except to serve as an officer of a political party or party organization; (4) contribute money voluntarily for political purposes; (5) become a candidate for and serve in a local office as provided in this title; and (6) serve as a delegate to a political or constitutional convention, so long as such service does not interfere with the time and attention required as Federal employees.

Prohibits any Federal employee or any individual referred to in this Act from: (1) using official authority or influence for the purpose of interfering with or affecting the result of any election or the nomination or the election of any candidate for public office or political party office; (2) using official authority or influence for the purpose of intimidating, threatening, coercing, or attempting to intimidate, threaten, or coerce any person for the purpose of interfering with the right of, or causing, such person to vote or not to vote as he may choose; (3) intimidating, threatening, coercing, or attempting to intimidate, threaten, or coerce any Federal employee or State or local employee to pay, lend, or contribute anything of value, including services, to a party, committee, organization, agency, or person for political purposes; (4) using official authority or influence to coerce, or attempt to coerce, any political action by an individual, group of individuals, or organization; and (5) using or attempting to use official authority or influence over any person by conferring any benefits, such as a promise of employment or compensation, or effecting any reprisal, such as deprivation of employment, position, compensation, or promotion, because of political contributions or political activity, or lack thereof, of a Federal employee, a State or local employee, or such person.

Specifies additional political acts which Federal employees are prohibited from undertaking.

Provides that any Federal employee desiring to become a candidate for elective or appointive local office, or to hold such office, shall notify his agency in writing, and shall request approval from the head of the agency for a determination that such candidacy or holding of office will not be adverse to the best interests of the United States. Requires such agency head to make such a determination and approve such request unless: (1) the duties to be undertaken by the Federal employee as an appointive or elective officer will create a conflict of interest, or the appearance of a conflict of interest with the employing agency; (2) the duties to be undertaken by the Federal employee as an appointive or elective official will interfere with the time and attention such employee is required to devote to the work of the employing agency; (3) the campaign for office will interfere with the time and attention the Federal employee is required to devote to the work of the employing agency; or (4) the candidacy or holding of office will conflict with the provisions of any other law, or regulations issued thereunder, applicable to the agency and its employees.

Sets forth penalties for violations of the provisions of this Act.

Provides that the Civil Service Commission shall have authority to investigate reports and allegations of activity prohibited by this Act. Sets forth the administrative procedure to be followed by the Commission during all stages of such proceedings or investigations. States that a Federal employee upon whom a penalty was imposed as the final outcome of such proceeding may institute an action for judicial review.

Provides that nothing in this Act shall be construed as authorizing Federal action which has the effect of depriving State or local government employees who are primarily engaged in the implementation of federally funded activities from enjoying as wide a range of freedom to participate in political activities as Federal employees are permitted under this Act.

States that employees of a State or political subdivision thereof not qualified to participate in the State program of political activity established under this Act shall be subject to the applicable provisions of this Act as administered by the Civil Service Commission.

Sets forth activities which State or local employees shall be prohibited from engaging in. Provides that any such employee who violates the provisions of this Act shall be subject to penalties specified in this Act. States that the Civil Service Commission shall notify the employing agency of any penalty, after applicable administrative proceedings, that it has imposed as a result of a violation under this Act. Provides that such agency shall certify to the Commission the measures taken to implement the penalty. Makes provision for judicial review of the Commission's order.

Provides that if a State or local employee ordered to be removed or suspended by the Commission: (1) has not been removed or suspended from his position within 30 days after the Commission has given notice that the violation of such employee or official warrants removal or suspension; or (2) has been removed or suspended but subsequently has been reemployed by the same State or any other political subdivision thereof within the period prescribed by the Commission; the Commission shall certify to any appropriate agency of the United States that its directive for removal or suspension has not been complied with and require the agency of the United States to withhold loans or grants to the employing agency of the State or political subdivision thereof.

Provides that any State desiring to participate in a State program of political activity administration may do so by establishing a State plan which is approved by the Commission. States that the Commission shall approve such plan which complies with requirements set forth in this Act.

Directs the Civil Service Commission to study and to report to the President within one year from the date of enactment of this Act, for transmittal to the Congress, the feasibility of establishing within the executive branch of the Government of the United States, under the supervision of the Commission, a plan for voluntary contributions to political parties and candidates.

Directs the Commission to study and to report to the President, for transmittal to the Congress, within one year from the date of enactment of this Act, the feasibility of establishing within the Commission an Office of Employees' Counsel.

Authorizes to be appropriated to carry out the purposes of this Act not to exceed $1,000,000 per year.


Major Actions:
Summary: S.235 — 93rd Congress (1973-1974)

There is one summary for this bill. Bill summaries are authored by CRS.

Shown Here:
Introduced in Senate (01/06/1973)

Federal Employees Political Activities Act - Provides that Federal employees are permitted to: (1) register and vote in any election; (2) express opinions freely in private and in public on any political subject or candidate; (3) join a political party or other party organization and actively participate in its affairs, while not on duty, except to serve as an officer of a political party or party organization; (4) contribute money voluntarily for political purposes; (5) become a candidate for and serve in a local office as provided in this title; and (6) serve as a delegate to a political or constitutional convention, so long as such service does not interfere with the time and attention required as Federal employees.

Prohibits any Federal employee or any individual referred to in this Act from: (1) using official authority or influence for the purpose of interfering with or affecting the result of any election or the nomination or the election of any candidate for public office or political party office; (2) using official authority or influence for the purpose of intimidating, threatening, coercing, or attempting to intimidate, threaten, or coerce any person for the purpose of interfering with the right of, or causing, such person to vote or not to vote as he may choose; (3) intimidating, threatening, coercing, or attempting to intimidate, threaten, or coerce any Federal employee or State or local employee to pay, lend, or contribute anything of value, including services, to a party, committee, organization, agency, or person for political purposes; (4) using official authority or influence to coerce, or attempt to coerce, any political action by an individual, group of individuals, or organization; and (5) using or attempting to use official authority or influence over any person by conferring any benefits, such as a promise of employment or compensation, or effecting any reprisal, such as deprivation of employment, position, compensation, or promotion, because of political contributions or political activity, or lack thereof, of a Federal employee, a State or local employee, or such person.

Specifies additional political acts which Federal employees are prohibited from undertaking.

Provides that any Federal employee desiring to become a candidate for elective or appointive local office, or to hold such office, shall notify his agency in writing, and shall request approval from the head of the agency for a determination that such candidacy or holding of office will not be adverse to the best interests of the United States. Requires such agency head to make such a determination and approve such request unless: (1) the duties to be undertaken by the Federal employee as an appointive or elective officer will create a conflict of interest, or the appearance of a conflict of interest with the employing agency; (2) the duties to be undertaken by the Federal employee as an appointive or elective official will interfere with the time and attention such employee is required to devote to the work of the employing agency; (3) the campaign for office will interfere with the time and attention the Federal employee is required to devote to the work of the employing agency; or (4) the candidacy or holding of office will conflict with the provisions of any other law, or regulations issued thereunder, applicable to the agency and its employees.

Sets forth penalties for violations of the provisions of this Act.

Provides that the Civil Service Commission shall have authority to investigate reports and allegations of activity prohibited by this Act. Sets forth the administrative procedure to be followed by the Commission during all stages of such proceedings or investigations. States that a Federal employee upon whom a penalty was imposed as the final outcome of such proceeding may institute an action for judicial review.

Provides that nothing in this Act shall be construed as authorizing Federal action which has the effect of depriving State or local government employees who are primarily engaged in the implementation of federally funded activities from enjoying as wide a range of freedom to participate in political activities as Federal employees are permitted under this Act.

States that employees of a State or political subdivision thereof not qualified to participate in the State program of political activity established under this Act shall be subject to the applicable provisions of this Act as administered by the Civil Service Commission.

Sets forth activities which State or local employees shall be prohibited from engaging in. Provides that any such employee who violates the provisions of this Act shall be subject to penalties specified in this Act. States that the Civil Service Commission shall notify the employing agency of any penalty, after applicable administrative proceedings, that it has imposed as a result of a violation under this Act. Provides that such agency shall certify to the Commission the measures taken to implement the penalty. Makes provision for judicial review of the Commission's order.

Provides that if a State or local employee ordered to be removed or suspended by the Commission: (1) has not been removed or suspended from his position within 30 days after the Commission has given notice that the violation of such employee or official warrants removal or suspension; or (2) has been removed or suspended but subsequently has been reemployed by the same State or any other political subdivision thereof within the period prescribed by the Commission; the Commission shall certify to any appropriate agency of the United States that its directive for removal or suspension has not been complied with and require the agency of the United States to withhold loans or grants to the employing agency of the State or political subdivision thereof.

Provides that any State desiring to participate in a State program of political activity administration may do so by establishing a State plan which is approved by the Commission. States that the Commission shall approve such plan which complies with requirements set forth in this Act.

Directs the Civil Service Commission to study and to report to the President within one year from the date of enactment of this Act, for transmittal to the Congress, the feasibility of establishing within the executive branch of the Government of the United States, under the supervision of the Commission, a plan for voluntary contributions to political parties and candidates.

Directs the Commission to study and to report to the President, for transmittal to the Congress, within one year from the date of enactment of this Act, the feasibility of establishing within the Commission an Office of Employees' Counsel.

Authorizes to be appropriated to carry out the purposes of this Act not to exceed $1,000,000 per year.


Amendments:
Summary: S.235 — 93rd Congress (1973-1974)

There is one summary for this bill. Bill summaries are authored by CRS.

Shown Here:
Introduced in Senate (01/06/1973)

Federal Employees Political Activities Act - Provides that Federal employees are permitted to: (1) register and vote in any election; (2) express opinions freely in private and in public on any political subject or candidate; (3) join a political party or other party organization and actively participate in its affairs, while not on duty, except to serve as an officer of a political party or party organization; (4) contribute money voluntarily for political purposes; (5) become a candidate for and serve in a local office as provided in this title; and (6) serve as a delegate to a political or constitutional convention, so long as such service does not interfere with the time and attention required as Federal employees.

Prohibits any Federal employee or any individual referred to in this Act from: (1) using official authority or influence for the purpose of interfering with or affecting the result of any election or the nomination or the election of any candidate for public office or political party office; (2) using official authority or influence for the purpose of intimidating, threatening, coercing, or attempting to intimidate, threaten, or coerce any person for the purpose of interfering with the right of, or causing, such person to vote or not to vote as he may choose; (3) intimidating, threatening, coercing, or attempting to intimidate, threaten, or coerce any Federal employee or State or local employee to pay, lend, or contribute anything of value, including services, to a party, committee, organization, agency, or person for political purposes; (4) using official authority or influence to coerce, or attempt to coerce, any political action by an individual, group of individuals, or organization; and (5) using or attempting to use official authority or influence over any person by conferring any benefits, such as a promise of employment or compensation, or effecting any reprisal, such as deprivation of employment, position, compensation, or promotion, because of political contributions or political activity, or lack thereof, of a Federal employee, a State or local employee, or such person.

Specifies additional political acts which Federal employees are prohibited from undertaking.

Provides that any Federal employee desiring to become a candidate for elective or appointive local office, or to hold such office, shall notify his agency in writing, and shall request approval from the head of the agency for a determination that such candidacy or holding of office will not be adverse to the best interests of the United States. Requires such agency head to make such a determination and approve such request unless: (1) the duties to be undertaken by the Federal employee as an appointive or elective officer will create a conflict of interest, or the appearance of a conflict of interest with the employing agency; (2) the duties to be undertaken by the Federal employee as an appointive or elective official will interfere with the time and attention such employee is required to devote to the work of the employing agency; (3) the campaign for office will interfere with the time and attention the Federal employee is required to devote to the work of the employing agency; or (4) the candidacy or holding of office will conflict with the provisions of any other law, or regulations issued thereunder, applicable to the agency and its employees.

Sets forth penalties for violations of the provisions of this Act.

Provides that the Civil Service Commission shall have authority to investigate reports and allegations of activity prohibited by this Act. Sets forth the administrative procedure to be followed by the Commission during all stages of such proceedings or investigations. States that a Federal employee upon whom a penalty was imposed as the final outcome of such proceeding may institute an action for judicial review.

Provides that nothing in this Act shall be construed as authorizing Federal action which has the effect of depriving State or local government employees who are primarily engaged in the implementation of federally funded activities from enjoying as wide a range of freedom to participate in political activities as Federal employees are permitted under this Act.

States that employees of a State or political subdivision thereof not qualified to participate in the State program of political activity established under this Act shall be subject to the applicable provisions of this Act as administered by the Civil Service Commission.

Sets forth activities which State or local employees shall be prohibited from engaging in. Provides that any such employee who violates the provisions of this Act shall be subject to penalties specified in this Act. States that the Civil Service Commission shall notify the employing agency of any penalty, after applicable administrative proceedings, that it has imposed as a result of a violation under this Act. Provides that such agency shall certify to the Commission the measures taken to implement the penalty. Makes provision for judicial review of the Commission's order.

Provides that if a State or local employee ordered to be removed or suspended by the Commission: (1) has not been removed or suspended from his position within 30 days after the Commission has given notice that the violation of such employee or official warrants removal or suspension; or (2) has been removed or suspended but subsequently has been reemployed by the same State or any other political subdivision thereof within the period prescribed by the Commission; the Commission shall certify to any appropriate agency of the United States that its directive for removal or suspension has not been complied with and require the agency of the United States to withhold loans or grants to the employing agency of the State or political subdivision thereof.

Provides that any State desiring to participate in a State program of political activity administration may do so by establishing a State plan which is approved by the Commission. States that the Commission shall approve such plan which complies with requirements set forth in this Act.

Directs the Civil Service Commission to study and to report to the President within one year from the date of enactment of this Act, for transmittal to the Congress, the feasibility of establishing within the executive branch of the Government of the United States, under the supervision of the Commission, a plan for voluntary contributions to political parties and candidates.

Directs the Commission to study and to report to the President, for transmittal to the Congress, within one year from the date of enactment of this Act, the feasibility of establishing within the Commission an Office of Employees' Counsel.

Authorizes to be appropriated to carry out the purposes of this Act not to exceed $1,000,000 per year.


Cosponsors:
Summary: S.235 — 93rd Congress (1973-1974)

There is one summary for this bill. Bill summaries are authored by CRS.

Shown Here:
Introduced in Senate (01/06/1973)

Federal Employees Political Activities Act - Provides that Federal employees are permitted to: (1) register and vote in any election; (2) express opinions freely in private and in public on any political subject or candidate; (3) join a political party or other party organization and actively participate in its affairs, while not on duty, except to serve as an officer of a political party or party organization; (4) contribute money voluntarily for political purposes; (5) become a candidate for and serve in a local office as provided in this title; and (6) serve as a delegate to a political or constitutional convention, so long as such service does not interfere with the time and attention required as Federal employees.

Prohibits any Federal employee or any individual referred to in this Act from: (1) using official authority or influence for the purpose of interfering with or affecting the result of any election or the nomination or the election of any candidate for public office or political party office; (2) using official authority or influence for the purpose of intimidating, threatening, coercing, or attempting to intimidate, threaten, or coerce any person for the purpose of interfering with the right of, or causing, such person to vote or not to vote as he may choose; (3) intimidating, threatening, coercing, or attempting to intimidate, threaten, or coerce any Federal employee or State or local employee to pay, lend, or contribute anything of value, including services, to a party, committee, organization, agency, or person for political purposes; (4) using official authority or influence to coerce, or attempt to coerce, any political action by an individual, group of individuals, or organization; and (5) using or attempting to use official authority or influence over any person by conferring any benefits, such as a promise of employment or compensation, or effecting any reprisal, such as deprivation of employment, position, compensation, or promotion, because of political contributions or political activity, or lack thereof, of a Federal employee, a State or local employee, or such person.

Specifies additional political acts which Federal employees are prohibited from undertaking.

Provides that any Federal employee desiring to become a candidate for elective or appointive local office, or to hold such office, shall notify his agency in writing, and shall request approval from the head of the agency for a determination that such candidacy or holding of office will not be adverse to the best interests of the United States. Requires such agency head to make such a determination and approve such request unless: (1) the duties to be undertaken by the Federal employee as an appointive or elective officer will create a conflict of interest, or the appearance of a conflict of interest with the employing agency; (2) the duties to be undertaken by the Federal employee as an appointive or elective official will interfere with the time and attention such employee is required to devote to the work of the employing agency; (3) the campaign for office will interfere with the time and attention the Federal employee is required to devote to the work of the employing agency; or (4) the candidacy or holding of office will conflict with the provisions of any other law, or regulations issued thereunder, applicable to the agency and its employees.

Sets forth penalties for violations of the provisions of this Act.

Provides that the Civil Service Commission shall have authority to investigate reports and allegations of activity prohibited by this Act. Sets forth the administrative procedure to be followed by the Commission during all stages of such proceedings or investigations. States that a Federal employee upon whom a penalty was imposed as the final outcome of such proceeding may institute an action for judicial review.

Provides that nothing in this Act shall be construed as authorizing Federal action which has the effect of depriving State or local government employees who are primarily engaged in the implementation of federally funded activities from enjoying as wide a range of freedom to participate in political activities as Federal employees are permitted under this Act.

States that employees of a State or political subdivision thereof not qualified to participate in the State program of political activity established under this Act shall be subject to the applicable provisions of this Act as administered by the Civil Service Commission.

Sets forth activities which State or local employees shall be prohibited from engaging in. Provides that any such employee who violates the provisions of this Act shall be subject to penalties specified in this Act. States that the Civil Service Commission shall notify the employing agency of any penalty, after applicable administrative proceedings, that it has imposed as a result of a violation under this Act. Provides that such agency shall certify to the Commission the measures taken to implement the penalty. Makes provision for judicial review of the Commission's order.

Provides that if a State or local employee ordered to be removed or suspended by the Commission: (1) has not been removed or suspended from his position within 30 days after the Commission has given notice that the violation of such employee or official warrants removal or suspension; or (2) has been removed or suspended but subsequently has been reemployed by the same State or any other political subdivision thereof within the period prescribed by the Commission; the Commission shall certify to any appropriate agency of the United States that its directive for removal or suspension has not been complied with and require the agency of the United States to withhold loans or grants to the employing agency of the State or political subdivision thereof.

Provides that any State desiring to participate in a State program of political activity administration may do so by establishing a State plan which is approved by the Commission. States that the Commission shall approve such plan which complies with requirements set forth in this Act.

Directs the Civil Service Commission to study and to report to the President within one year from the date of enactment of this Act, for transmittal to the Congress, the feasibility of establishing within the executive branch of the Government of the United States, under the supervision of the Commission, a plan for voluntary contributions to political parties and candidates.

Directs the Commission to study and to report to the President, for transmittal to the Congress, within one year from the date of enactment of this Act, the feasibility of establishing within the Commission an Office of Employees' Counsel.

Authorizes to be appropriated to carry out the purposes of this Act not to exceed $1,000,000 per year.


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