v>EPA Committee on Integrity and Management Improvement
Bulletin 94-5
EPA 350-F-94-001
June 1994
Hatch Act Revisions and
What They Mean to You
Recent revisions to the Hatch Act will allow most Federal
employees to participate more actively in the political
process. The intent of this bulletin is to provide EPA personnel
with a brief synopsis of the activities permitted under the new
law.
On October 6,1993, the President signed the Federal
Employees' Political Activities Act (P.L. 103-94) eliminating
many of the prohibitions against partisan political activity that
had been imposed on most members of the Federal Executive
Branch work force for 54 years. The new law revises and
simplifies the Hatch Acl of 1939 to permit most employees of
the Executive Branch and U.S. Postal Service to engage in
partisan political activities when they are off duty. It became
effective on February 3,1994, and applies to full-time,
part-time, and temporary employees.
Background
For over half a century, the Hatch Act barred most Federal
Executive Branch and postal employees from active
participation in partisan political activities. Adopted to protect
Federal workers from political coercion and to assure a
non-partisan civil service, the Act prohibited covered
employees from soliciting campaign funds from fellow
employees and the general public; using their offices for
partisan political purposes; taking an active part in partisan
campaign management; and running for office on a partisan
ticket. They could, however, express political opinions; make
political contributions; engage in non-partisan activities; and,
of course, register and vote.
While casing off-lhc-job restrictions on Federal workers, the
new law tightens the on-thc-job restrictions and continues the
current ban on running for partisan political office. Under the
measure, most government workers may — while off duty —
engage in such political activities as helping to register voters,
distributing campaign literature, staffing phone banks, speaking
out at political gatherings, serving as convention delegates, and
even holding office in a political party. While they will be
allowed to solicit donations from fellow members of a Federal
employee political action committee (PAC), they may not
solicit political contribuU'ons from the general public.
Prohibited Activities
Running in a partisan election for a public office.
Soliciting or receiving campaign contributions from the
public.
Engaging in political activities while on duty or in a
government building or vehicle, including wearing
political buttons.
Using official authority or influence to interfere with an
election or affect its outcome.
Intimidating or coercing any Federal employee to engage
or not engage in any political activity, such as voting or
not voting for a candidate, working or not working on a
campaign, contributing or not contributing to a campaign,
or attempting such coercion.
• Using political recommendations when taking personnel
actions for competitive service employees (and career
appointees in the Senior Executive Service) or applicants.
• Wearing uniforms or insignia identifying themselves as
government workers while involved in political activities.
Permitted Activities
All of the following activities are permitted, away from the
workplace and while off duty:
• Contributing money to political organi/ations.
Seeking and holding positions in a political club or party.
Managing or working on political campaigns, including
organizing and/or participating in phone banks and voter
registration drives.
• Distributing campaign literature and soliciting votes.
• Organizing and taking part in political meetings and rallies.
Publicly endorsing candidates, including speaking on their
behalf.
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• Soliciting and receiving contributions from fellow
members of a Federal employee PAC, except from
subordinate employees.
• Signing nominating petitions.
• Campaigning for or against referendum questions,
constitutional amendments, or municipal ordinances.
• Attending pol itical fundraising functions.
Enforcement
Any Federal employee found guilty of a Hatch Act violation is
subject to dismissal unless the Merit Systems Protection Board
finds by a unanimous vote that the violation docs not warrant
removal, in which case a penalty of not less than 30 days'
suspension without pay shall be imposed.
Exempted Groups
The new law continues the prior Hatch Act ban on active
political activities by employees of the Federal Election
Commission; career members of the Senior Executive
Service; and those involved in law enforcement, national
security and other sensitive positions, such as Administrative
Law Judges and employees of the Secret Service, Federal
Bureau of Investigation, Central Intelligence Agency, Defense
Intelligence Agency, and Merit Systems Protection Board.
The new law also allows the Office of Personnel Management
to write regulations making exceptions for the local political
involvement of Federal employees who reside in any
community in the immediate vicinity of Washington, D.C., or
any municipality in which the majority of voters are Federal
employees. This would, in effect, permit a Federal employee to
seek the nomination or run as a candidate for election to a
partisan political office.
Additional Information
An Office of Special Counsel (OSC) hotline established to
answer political activity questions can be reached at 1-800-85-
HATCH (854-2824). OSC is responsible for investigating
reports or complaints concerning Hatch Act violations.
As a step towards pollution prevention, one copy of this bulletin will be printed for every two
employees. Therefore, employees arc encouraged to share their copies.
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