United States Code

the term "officer" or "employee" shall not be construed to include (1) the President and Vice President of the United States; (2) persons whose compensation is paid from the appropriation for the office of the President; (3) heads and assistant heads of executive departments; (4) officers who are appointed by the President, by and with the advice and consent of the Senate, and who determine policies to be pursued by the United States in its relations with foreign powers or in the Nation-wide administration of Federal Laws. The provisions of the second sentence of this subsection shall not apply to the employees of The Alaska Railroad, residing in municipalities on the line of the railroad, in respect to activities involving the municipality in which they reside.

(b) Any person violating the provisions of this section shall be removed immediately from the position or office held by him, and thereafter no part of the funds appropriated by any Act of Congress for such position or office shall be used to pay the compensation of such person: Provided, however, That the United States Civil Service Commission finds by unanimous vote that the violation does not warrant removal, a lesser penalty shall be imposed by direction of the Commission: Provided further, That in no case shall the penalty be less than thirty days' suspension without pay: And provided further, That in the case of any person who has heretofore been removed from the service under the provisions of this section, the Commission shall upon request of said person reopen and reconsider the record in such case. If it shall find by a unanimous vote that the acts committed were such as to warrant a penalty of less than removal it shall issue an order revoking the restriction against reemployment in the position from which removed, or in any other position for which he may be qualified, but no such revocation shall become effective until at least ninety days have elapsed following the date of the removal of such person from office.

(c) At the end of each fiscal year the Commission shall report to the President for transmittal to the Congress the names, addresses, and nature of employment of all persons with respect to whom action has been taken by the Commission under the terms of this section, with a statement of the facts upon which action was taken, and the penalty imposed. (Aug. 2, 1939, ch. 410, § 9, 53 Stat. 1148; July 19, 1940, ch. 640, § 2, 54 Stat. 767; Mar. 27, 1942, ch. 199, title VII, § 701, 56 Stat. 181; Aug. 8, 1946, ch. 904, 60 Stat. 937; Aug. 25, 1950, ch. 784, § 1, 64 Stat. 475; Oct. 5, 1962, Pub. L. 87-753, 76 Stat. 750.)

1962-Subsec. (b).

AMENDMENTS

Pub. L. 87-753 substituted "thirty days' suspension" for "ninety days" suspension.

1950 Subsec. (b). Act Aug. 25, 1950, added the provisos to give the Civil Service limited discretion in the imposition of penalties and removed the restriction against reemployment.

Subsec. (c). Act Aug. 25, 1950, added subsec. (c). 1946-Subsec. (a). Act Aug. 8, 1946, permitted Alaska Railroad employees to participate in local political matters involving municipal governments only. 1942 Subsec. (a). Act Mar. 27, 1942, excepted parttime officers and employees serving without compensation or nominal compensation during World War II, but such amendment has been omitted as it expired on Mar. 31,

1947, under provisions of section 645 of Appendix to Title 50, War and National Defense.

1940 Subsec. (a). Act July 19, 1940, gave all persons the right to express their political opinions.

§ 118j. Repealed. Aug. 9, 1955, ch. 690, § 4 (2), 69 Stat. 625.

Section, act Aug. 2, 1939, ch. 410, § 9A, 53 Stat. 1148, made it unlawful for a Federal employee to have membership in an organization advocating overthrow of our government and provided penalty of removal from service, with provision that appropriated funds should not be used to pay the compensation of such person, and is now covered by sections 118p-118r of this title.

§ 118j-1. Federal employees; strikes against or overthrow of Government; penalties.

CODIFICATION

Section, act Jan. 25, 1955, ch. 3, ch. IV, § 401, 69 Stat. 6, which was enacted as a part of the Urgent Deficiency Appropriation Act, 1955, was omitted as superseded by sections 118p-118r of this title.

§ 118k. Employees of State or local agencies financed by loans or grants from United States.

(a) Influencing elections; officer or employee defined. No officer or employee of any State or local agency whose principal employment is in connection with any activity which is financed in whole or in part by loans or grants made by the United States or by any Federal agency shall (1) use his official authority or influence for the purpose of interfering with an election or a nomination for office, or affecting the result thereof, or (2) directly or indirectly coerce, attempt to coerce, command, or advise any other such officer or employee to pay, lend, or contribute any part of his salary or compensation or anything else of value to any party, committee, organization, agency, or person for political purposes. No such officer or employee shall take any active part in political management or in political campaigns. All such persons shall retain the right to vote as they may choose and to express their opinions on all political subjects and candidates. For the purposes of the second sentence of this subsection, the term "officer or employee" shall not be construed to include (1) the Governor or the Lieutenant Governor of any State or any person who is authorized by law to act as Governor, or the mayor of any city; (2) duly elected heads of executive departments of any State or municipality who are not classified under a State or municipal merit or civilservice system; (3) officers holding elective offices. (b) Investigations by Civil Service Commission; removal of employees; withholding grants from States.

If any Federal agency charged with the duty of making any loan or grant of funds of the United States for use in any activity by any officer or employee to whom the provisions of subsection (a) of this section are applicable has reason to believe that any such officer or employee has violated the provisions of such subsection, it shall make a report with respect thereto to the United States Civil Service Commission (hereinafter referred to as the "Commission"). Upon the receipt of any such report, or upon the receipt of any other information which seems to the Commission to warrant an investigation, the Commission shall fix a time and place for a hearing, and shall by registered mail or by certified mail send to the officer or employee charged

with the violation and to the State or local agency employing such officer or employee a notice setting forth a summary of the alleged violation and the time and place of such hearing. At such hearing

(which shall be not earlier than ten days after the mailing of such notice) either the offcer or employee or the State or local agency, or both, may appear with counsel and be heard. After such hearing, the Commission shall determine whether any violation of such subsection has occurred and whether such violation, if any, warrants the removal of the officer or employee by whom it was committed from his office or employment, and shall by registered mail or by certified mail notify such officer or employee and the appropriate State or local agency of such determination. If in any case the Commission finds that such officer or employee has not been removed from his office or employment within thirty days after notice of a determination by the Commission that such violation warrants his removal, or that he has been so removed and has subsequently (within a period of eighteen months) been appointed to any office or employment in any State or local agency in such State, the Commission shall make and certify to the appropriate Federal agency an order requiring it to withhold from its loans or grants to the State or local agency to which such notification was given an amount equal to two years' compensation at the rate such officer or employee was receiving at the time of such violation; except that in any case of such a subsequent appointment to a position in another State or local agency which receives loans or grants from any Federal agency, such order shall require the withholding of such amount from such other State or local agency: Provided, That in no event shall the Commission require any amount to be withheld from any loan or grant pledged by a State or local agency as security for its bonds or notes if the withholding of such amount would jeopardize the payment of the principal or interest on such bonds or notes. Notice of any such order shall be sent by registered mail or by certified mail to the State or local agency from which such amount is ordered to be withheld. The Federal agency to which such order is certified shall, after such order becomes final, withhold such amount in accordance with the terms of such order. Except as provided in subsection (c) of this section, any determination or order of the Commission shall become final upon the expiration of thirty days after the mailing of notice of such determination or order. (c) Court review of determination of Commission.

Any party aggrieved by any determination or order of the Commission under subsection (b) of this section may, within thirty days after the mailing of notice of such determination or order, institute proceedings for the review thereof by filing a written petition in the district court of the United States for the district in which such officer or employee resides; but the commencement of such proceedings shall not operate as a stay of such determination or order unless (1) it is specifically so ordered by the court, and (2) such officer or employee is suspended from his office or employment during the pendency of such proceedings. A copy of such petition shall forthwith be served upon the Commission, and thereupon the

Commission shall certify and file in the court a transcript of the record upon which the determination or the order complained of was made. The review by the court shall be on the record entire, including all of the evidence taken on the hearing, and shall extend to questions of fact and questions of law. If application is made to the court for leave to adduce additional evidence, and it is shown to the satisfaction of the court that such additional evidence may materially affect the result of the proceedings and that there were reasonable grounds for failure to adduce such evidence in the hearing before the Commission, the court may direct such additional evidence to be taken before the Commission in such manner and upon such terms and conditions as to the court may seem proper. The Commission may modify its findings of fact or its determination or order by reason of the additional evidence so taken and shall file with the court such modified findings, determination, or order, and any such modified findings of fact, if supported by substantial evidence, shall be conclusive. The court shall affirm the Commission's determination or order, or its modified determination or order, if the court determines that the same is in accordance with law. If the court determines that any such determination or order, or modified determination or order, is not in accordance with law, the court shall remand the proceeding to the Commission with directions either to make such determination or order as the court shall determine to be in accordance with law or to take such further proceedings as, in the opinion of the court, the law requires. The judgment and decree of the court shall be final, subject to review by the appropriate court of appeals as in other cases, and the judgment and decree of such court of appeals shall be final, subject to review by the Supreme Court of the United States on certiorari or certification as provided in sections 346 and 347 of Title 28. If any provision of this subsection is held to be invalid as applied to any party with respect to any determination or order of the Commission, such determination or order shall thereupon become final and effective as to such party in the same manner as if such provision had not been enacted.

(d) Rules and regulations; subpena of witness and documentary evidence; depositions.

The Commission is authorized to adopt such reasonable procedure and rules and regulations as it deems necessary to execute its functions under this section. The Civil Service Commission shall have power to require by subpena the attendance and testimony of witnesses and the production of all documentary evidence relating to any matter pending, as a result of this Act, before the Commission. Any member of the Commission may sign subpenas, and members of the Commission and its examiners when authorized by the Commission may administer oaths and affirmations, examine witnesses, and receive evidence. Such attendance of witnesses and the production of such documentary evidence may be required from any place in the United States at any designated place of hearing. In case of disobedience to a subpena, the Commission may invoke

the aid of any court of the United States in requiring the attendance and testimony of witnesses and the production of documentary evidence. Any of the district courts of the United States within the jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a subpena issued to any person, issue an order requiring such person to appear before the Commission, or to produce documentary evidence if so ordered, or to give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof. The Commission may order testimony to be taken by deposition in any proceeding or investigation, which as a result of this Act is pending before the Commission at any stage of such proceeding or investigation. Such depositions may be taken before any person designated by the Commission and having power to administer oaths. Such testimony shall be reduced to writing by the person taking the deposition, or under his direction, and shall then be subscribed by the deponent. Any person may be compelled to appear and depose and to produce documentary evidence before the Commission as hereinbefore provided. No person shall be excused from attending and testifying or from producing documentary evidence or in obedience to a subpena on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled to testify, or produce evidence, documentary or otherwise, before the Commission in obedience to a subpena issued by it: Provided, That no person so testifying shall be exempt from prosecution and punishment for perjury committed in so testifying. (e) Employees of agencies not financed by United States as exempt.

The provisions of the first two sentences of subsection (a) of this section shall not apply to any officer or employee who exercises no functions in connection with any activity of a State or local agency which is financed in whole or in part by loans or grants made by the United States or by any Federal agency.

(f) Definitions.

For the purposes of this section

(1) The term "State or local agency" means the executive branch of any State, or of any municipality or other political subdivision of such State, or any agency or department thereof.

(2) The term "Federal agency" includes any executive department, independent establishment, or other agency of the United States (except a member bank of the Federal Reserve System). (Aug. 2, 1939, ch. 410, § 12, as added July 19, 1940, ch. 640, § 4, 54 Stat. 767, and amended June 25, 1948, ch. 646, § 32 (a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; June 11, 1960, Pub. L. 86-507, § 1(1), 74 Stat. 200.)

REFERENCES IN TEXT

Sections 346 and 347 of Title 28, referred to in subsec. (c), were repealed by act June 25, 1948, ch. 646, § 39, 62 Stat. 862, and are now covered by section 1254 of Title 28, Judiciary and Judicial Procedure.

This Act, referred to in subsection (d), refers to the Hatch Political Activities Act, act Aug. 2, 1939, and is classified to sections 1181, and 118k-118n of this title and sections 594, 595, 598, 600, 601, 604, 605, and 608 of Title 18, Crimes and Criminal Procedure.

AMENDMENTS

1960 Subsec. (b). Pub. L. 86-507 inserted "or by certified mail" following "registered mail" in three instances. CHANGE OF NAME

Act June 25, 1948, as amended by act May 24, 1949, substituted "court of appeals" for "circuit court of appeals", in two instances.

TRANSFER OF FUNCTIONS

All executive and administrative functions of the Civil Service Commission were transferred to the Chairman of the Civil Service Commission by 1949 Reorg. Plan No. 5, eff. Aug. 20, 1949, 14 F. R. 5227, 63 Stat. 1067. See note set out under section 632 of this title.

§ 118k-1. Activities of employees of educational and research institutions, etc.

Nothing in sections 118i (a) or 118i (b), or 118k of this title shall be deemed to prohibit or to make unlawful the doing of any act by any officer or employee of any educational or research institution, establishment, agency, or system which is supported in whole or in part by any State or political subdivision thereof, or by the District of Columbia or by any Territory or Territorial possession of the United States; or by any recognized religious, philanthropic, or cultural organization. (Aug. 2, 1939, ch. 410, § 21, as added Oct. 24, 1942, ch. 620, 56 Stat. 986.)

§ 118k-2. State defined.

As used in this Act, the term "State" means any State, Territory, or possession of the United States. (Aug. 2, 1939, ch. 410, § 19, as added July 19, 1940, ch. 640, § 4, 54 Stat. 767.)

REFERENCES IN TEXT

This Act, referred to in the text, refers to the Hatch Political Activities Act, act Aug. 2, 1939, and is classified to sections 1181, and 118k-118n of this title, and sections 594, 595, 598, 600, 601, 604, 605, and 608 of Title 18, Crimes and Criminal Procedure.

§ 118k-3. District of Columbia employees as employees of United States.

For the purposes of this Act, persons employed in the government of the District of Columbia shall be deemed to be employed in the executive branch of the Government of the United States, except that for the purposes of the second sentence of section 118i (a) of this title the Commissioners and the Recorder of Deeds of the District of Columbia shall not be deemed to be officers or employees. (Aug. 2, 1939, ch. 410, § 14, as added July 19, 1940, ch. 640, § 4, 54 Stat. 767.)

REFERENCES IN TEXT

§ 1187. Activities prohibited on part of civil-service employees as prohibited on part of other Government and State employees.

The provisions of this Act which prohibit persons to whom such provisions apply from taking any active part in political management or in political campaigns shall be deemed to prohibit the same

activities on the part of such persons as the United States Civil Service Commission has heretofore determined are at the time this section takes effect prohibited on the part of employees in the classified civil service of the United States by the provisions of the civil-service rules prohibiting such employees from taking any active part in political management or in political campaigns. (Aug. 2, 1939, ch. 410, § 15, as added July 19, 1940, ch. 640, § 4, 54 Stat. 767.)

REFERENCES IN TEXT

This Act, referred to in the text, refers to the Hatch Political Activities Act, act Aug. 2, 1939, and is classified to sections 1181, and 118k-118n of this title and sections 594, 595, 598, 600, 601, 604, 605, and 608 of Title 18, Crimes and Criminal Procedure.

TRANSFER OF FUNCTIONS

§ 118m. Political campaigns in localities where majority of voters are Government employees. Whenever the United States Civil Service Commission determines that, by reason of special or unusual circumstances which exist in any municipality or other political subdivision, in the immediate vicinity of the National Capital in the States of Maryland and Virginia or in municipalities the majority of whose voters are employed by the Government of the United States, it is in the domestic interest of persons to whom the provisions of this Act are applicable, and who reside in such municipality or political subdivision, to permit such persons to take an active part in political management or in political campaigns involving such municipality or political subdivision, the Commission is authorized to promulgate regulations permitting such persons to take an active part in such political management and political campaigns to the extent the Commission deems to be in the domestic interest of such persons. (Aug. 2, 1939, ch. 410, § 16, as added July 19, 1940, ch. 640, § 4, 54 Stat. 767.)

REFERENCES IN TEXT

TRANSFER OF FUNCTIONS

118n. Elections not specifically identified with National or State issues or political parties. Nothing in the second sentence of section 118i (a) of this title or in the second sentence of section 118k (a) of this title shall be construed to prevent or prohibit any person subject to the provisions of this Act from engaging in any political activity (1) in connection with any election and the preceding campaign if none of the candidates is to be nominated or elected at such election as representing a party any of whose candidates for presidential elector received votes in the last preceding election at which

presidential electors were selected, or (2) in connection with any question which is not specifically identified with any National or State political party. For the purposes of this section, questions relating to constitutional amendments, referendums, approval of municipal ordinances, and others of a similar character, shall not be deemed to be specifically identified with any National or State political party. (Aug. 2, 1939, ch. 410, § 18, as added July 19, 1940, ch. 640, § 4, 54 Stat. 767.)

REFERENCES IN TEXT

§ 1180. Removal from office for soliciting or accepting political contributions.

Any executive officer or employee of the United States not appointed by the President, with the advice and consent of the Senate, who shall request, give to, or receive from, any other officer or employee of the Government any money or property or other thing of value for political purposes shall be at once discharged from the service of the United States. (Aug. 15, 1876, ch. 287, § 6, 19 Stat. 169.)

CROSS REFERENCES

Employees to be removed from classified civil service only for cause, see section 652 of this title.

§ 118p. Federal employment denied to persons who are disloyal or assert right to strike against Government.

No person shall accept or hold office or employment in the Government of the United States or any agency thereof, including wholly owned Government corporations, who—

(1) advocates the overthrow of our constitutional form of government in the United States; (2) is a member of an organization that advocates the overthrow of our constitutional form of government in the United States, knowing that such organization so advocates;

(3) participates in any strike or asserts the right to strike against the Government of the United States or such agency; or

(4) is a member of an organization of Government employees that asserts the right to strike against the Government of the United States or such agencies, knowing that such organization asserts such right.

(Aug. 9, 1955, ch. 690, § 1, 69 Stat. 624.)

§ 118q. Same; affidavit.

(a) Time to execute; prima facie evidence.

Except as provided in subsection (b) of this section, every person who accepts office or employment in the Government of the United States after August 9, 1955, shall, not later than sixty days after he accepts such office or employment, execute an affdavit that his acceptance and holding of such office or employment does not or (if the affidavit is executed prior to acceptance of such office or employment) will not constitute a violation of section 118p of this title. Such affidavit shall be considered prima facie evidence that the acceptance and holding of office or employment by the person executing

the affidavit does not or will not constitute a violation of such section. (b) Emergency work.

An affidavit shall not be required from a person employed by the Government of the United States for less than sixty days for sudden emergency work involving the loss of human life or the destruction of property. This subsection shall not relieve any person from liability for violation of section 118p of this title. (Aug. 9, 1955, ch. 690, § 2, 69 Stat. 624.)

§ 118r. Same; penalty.

Any person who violates section 118p of this title shall be guilty of a felony, and shall be fined not more than $1,000 or imprisoned not more than one year and a day, or both. (Aug. 9, 1955, ch. 690, § 3, 69 Stat. 625.)

EX-OFFICIO COMMISSIONER FOR ALASKA REPRESENTING DEPARTMENTS OF INTERIOR, AGRICULTURE, AND COMMERCE

§ 119. Designation of Commissioners; residence.

The Secretaries of the Departments of the Interior, Agriculture, and Commerce are authorized and empowered, each for his own department, to designate an employee thereof, employed in and residing in Alaska, who shall be styled ex officio Commissioner for Alaska for the department from which he is selected, and who, from the date of his designation, shall reside and maintain an office in the capital of Alaska. (Feb. 10, 1927, ch. 102, § 1, 44 Stat. 1068.)

§ 120. Powers of Commissioners.

Each of said Secretaries shall delegate and assign to the commissioner representing his department general charge of any or all matters in Alaska under the jurisdiction of such department, or of any bureau or agency thereof, to the extent, in the manner, and subject to such supervision and control as the Secretary may deem proper and expedient. 1927, ch. 102, § 2, 44 Stat. 1068.)

§ 121. Personnel under Commissioners.

(Feb. 10,

To the extent the respective Secretaries may determine, employees of the departments affected by sections 119-123 of this title who are stationed in Alaska shall be placed under the direct supervision and control of the ex officio commissioner for his department, herein provided for, together with any additional force which may be detailed by the Secretary of the Interior, Agriculture, or Commerce, from the personnel of his department, should necessity therefor arise; but nothing herein contained shall be construed to authorize the employment of any additional personnel or to warrant the transfer of any clerk or other employee from one department to another, except in the manner provided by law. (Feb. 10, 1927, ch. 102, § 3, 44 Stat. 1068.)

§ 122. Transfer of records, property and unexpended balances of appropriations.

The Secretaries named in section 119 of this title may transfer to the officer designated thereunder as his representative the records or transcripts of records, property (including office and field equipment), and unexpended balances of appropriations which 36-500 0-65-vol. 1-15

they may deem necessary or proper to transfer to Alaska in order to carry into effect the provisions of sections 119-123 of this title. (Feb. 10, 1927, ch. 102, § 4, 44 Stat. 1068.)

§ 123. Additional powers conferred on Commissioners by order of President; construction and maintenance of roads.

The President of the United States may, by order in writing, should he deem it conductive' to economical and effective administration, and with the concurrence of all the Secretaries of the respective departments involved, place under the supervision and direction of one of the three ex-officio commissioners provided for in section 119 of this title, and subject to the provisions of section 120 of this title, any governmental activity relating to Alaska provided for by law now under the direction of the Secretaries named in section 119 of this title, and to transfer to the officer so selected, the necessary personnel, records, or transcripts of records, property (including office and field equipment), and unexpended balances of appropriations: Provided, That the charge and control of all matters relating to the construction and maintenance of roads in Alaska which may now be under the jurisdiction of any other department, bureau, or agency of the Government, together with the records or transcripts thereof, the property including field and office equipment and the unexpended balances of appropriations pertaining thereto, may, with the concurrence of the Secretaries of the respective departments involved, be assigned and transferred to the Secretary of the Interior. (Feb. 10, 1927, ch. 102, § 5, 44 Stat. 1068; June 30, 1932, ch. 320, § 1, 47 Stat. 446.)

REORGANIZATION OF EXECUTIVE AND ADMINISTRATIVE AGENCIES

§§ 124-132. Omitted.

CODIFICATION

Sections, acts June 30, 1932, ch. 314, §§ 401-409, 47 Stat. 413, 414; Mar. 3, 1933, ch. 212, title II, § 16, 47 Stat. 1517-1519; Mar. 20, 1933, ch. 3, title III, § 1, 48 Stat. 16, provided for the reorganization of executive and administrative agencies by executive order of the President. The power of the President under them was effective for a period of two years only from March 20, 1933.

Power of the President under the Reorganization Acts of 1939, see sections 133-133x of this title. Ex. ORD. No. 6166. REORGANIZATION OF EXECUTIVE AGENCIES GENERALLY

Ex. Ord. No. 6166, June 10, 1933, provided:

§ 1. PROCUREMENT. The function of determination of policies and methods of procurement, warehousing, and distribution of property, facilities, structures, improvements, machinery, equipment, stores, and supplies exercised by any agency is transferred to a Procurement Division in the Treasury Department, at the head of which shall be a Director of Procurement.

The Office of the Supervising Architect of the Treasury Department is transferred to the Procurement Division, except that the buildings of the Treasury Department shall be administered by the Treasury Department and the administration of post-office buildings is transferred to the Post Office Department. The General Supply Committee of the Treasury Department is abolished.

In respect of any kind of procurement, warehousing, or distribution for any agency the Procurement Division may, with the approval of the President, (a) undertake the performance of such procurement, warehousing, or

1 So in original.

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United States Code, Volum 1