Summary: S.135 — 101st Congress (1989-1990)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Indefinitely postponed in Senate (05/10/1990)

Hatch Act Reform Amendments of 1990 - Declares that a Federal employee may take an active part in political management or in political campaigns, except that an employee may not: (1) use 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 member of the same Federal labor organization or a Federal employee organization with a multicandidate political committee (PAC), such person is not a subordinate employee, and the solicitation is for a contribution to the organization's PAC; (3) run for nomination or election to a partisan political office; or (4) knowingly solicit or discourage the participation in any political activity of any person who has an application for any compensation, grant, contract, ruling, license, permit, or certificate pending before the employing office of such employee or who is the subject of, or a participant in, an ongoing audit, investigation, or enforcement action carried out by the employing office of such employee.

Prohibits the employees of the Federal Election Commission (FEC) from: (1) giving a political contribution to another FEC employee, Member of Congress, or an officer of a uniformed service; (2) requesting or receiving such a contribution from any such individuals; or (3) taking an active part in political management or political campaigns. Excludes presidential appointees employed by the FEC from such prohibition.

Prohibits an employee from engaging in political activity: (1) while on duty; (2) in any room or building occupied in the discharge of official duties by a Federal employee or official; (3) while wearing a uniform or official insignia identifying the office or position of the employee; or (4) while using any vehicle owned or leased by the Government. Exempts certain high level political appointees from such prohibitions if the costs associated with the political activity are not paid for by money derived from the Treasury.

Authorizes the Office of Personnel Management to prescribe regulations permitting employees residing in the immediate vicinity of the District of Columbia in Maryland or Virginia, or in a municipality where the majority of voters are Federal employees, to participate in political management and political campaigns involving their area of residence, if OPM determines that such political participation is in their domestic interest.

Requires any employee who has been determined by the Merit Systems Protection Board to have twice violated political activity prohibitions to be removed from his or her position. Prohibits such an employee from holding any position of Federal employment other than an elected position.

Amends the Federal criminal code to make it unlawful for any person to coerce or attempt to coerce any Federal employee to engage or not engage in any political activity, including: (1) voting; (2) making any political contribution; or (3) working on behalf of any candidate.

Includes U.S. Postal Service, Postal Rate Commission, and District of Columbia employees within the coverage of this Act.