Like Section 602, Section 607 was amended by the 1979 FECA in such a way that the critical term "contribution" is now subject to the definition given it by the Federal Election Campaign Act, 2 U.S.C. 431(8). In the process, this statute has been narrowed to apply only to transactions made for the purpose of influencing a federal contest.

Section 607 is a felony, violations of which are punishable by imprisonment for up to three years and/or $5,000 fines.

In keeping with the serious statutory character of this offense, the Criminal Division has long held the view that prosecutable violations require proof that the would-be defendant was actively aware of the federal character of the place where the offending solicitation took place, or where the offending solicitation letter was directed. Most matters that have arisen under Section 607 in the recent past have involved computer-generated direct mail campaigns in which solicitation letters have been inadvertently sent to prohibited areas. Such matters do not usually present prosecutable violations of this statute. The normal response to them is for the Criminal Division to bring the matter to the attention of the offending political committee with a request that its direct mail lists be purged of addresses containing terms normally associated with the Federal Government. A systematic failure or refusal to comply with formal warnings of this kind can serve as the basis for prosecutive consideration. Prosecutable violations of this statute may also arise from solicitations that can be characterized as "shakedowns" of federal personnel, and in this connection Section 607 fills a void that is not covered by Section 602 in those situations where the person doing the soliciting is not a federal employee.

18 U.S.C. 606. Intimidation to secure political contributions

This statute makes it unlawful for a Senator, Representative, or federal officer or employee to discharge, promote or reduce the rank or compensation of any other federal officer or employee for making or failing to make any contribution for any political purpose. It is a felony statute, violations of which are punishable by fines up to $5,000 and/or imprisonment for up to three years.

The concept of "contribution" in this statute has never been subject to an external definition, and as such may be accorded a common sense meaning that encompasses donations of anything of value (including services) given to any candidate for any type of elective office. This law reaches any retaliatory change in employment conditions, not just terminations. However, Section 606 does require proof that the job action in question was prompted by the victim's political giving habits, rather than by some other legitimate job-related reason.

Secton 606 should be used in preference to Section 602 in those instances where a federal employee is actively threatened to obtain from him or her something that can be characterized as a "political contribution."

In the Criminal Division's view, this old civil service patronage law was never intended to prohibit the interjection of passive political considerations (such as loyalty, ideology or political support) into the hiring, firing or assignment of

the small category of federal employees who perform policymaking or confidential duties for the President and Members of Congress. In the Executive Branch, such employees either hold jobs on Schedule "C" of the Excepted Service, which by law may be offered or terminated on the basis of such passive political considerations (5 U.S.C. 2102, 2103, 3301; Executive Order #10577, and Civil Service Rule VI as set out therein); or they hold direct Presidential appointments and by statute serve at the pleasure of the President who appoints them. However, Section 606 does protect all federal employees against being forced to give money or tangible things of value to political candidates through jobrelated threats or reprisals.

18 U.S.C. 600. Promise of employment or other benefit for political activity

Section 600 makes it unlawful for anyone to promise any employment or benefit derived from an Act of Congress as consideration, favor, or reward for past or future political activity, or for support or opposition to any candidate or any party in any election. Violations are misdemeanors, punishable by fines up to $10,000 and/or imprisonment for up to one year. (See also 18 U.S.C. 599 and 18 U.S.C. 595.)

Section 600 applies to the interjection of political considerations into the award of any federal benefit or employment. United States v. Pintar, 630 F.2d 1270 (8th Cir. 1980). It applies to federally funded jobs, grants, and benefits, as well as to federal employment itself. It reaches situations where federal benefits are held out to induce future political activity, as well as those instances where federal benefits are used as patronage rewards for past political fidelity.

In aggravated situations involving widespread patronage abuses, Section 600 violations may also entail conspiracies to defraud the United States in the administration of its federal programs, in violation of 18 U.S.C. 371. See e.g. United States v. Pintar, supra.

In 1976, this statute was amended together with its sister provision, 18 U.S.C. 601. Public Law 94-453. The monetary penalty for violations was raised at that time from $1,000 to $10,000.

The legislative history accompanying Public Law 94-453 reflects a congressional intent that this patronage law not reach the interjection of passive political considerations (such as loyalty, ideology, or political support) in the hiring of governmental executives who perform policymaking or confidential duties for elected officials of federal, state or local governments. See e.g. Elrod v. Burns, 427 U.S. 347 (1976); Branti v. Finkel, 445 U.S. 507 (1980).

18 U.S.C. 601. Deprivation of employment or other benefit for political contribution

Section 601 makes it unlawful for any person knowingly to cause or attempt to cause any other person to make a contribution on behalf of any candidate or political party by depriving or threatening to deprive employment or benefits

made possible by an Act of Congress. The statute applies to gifts made to candidates and political parties at the federal, state or local level; and the term "contribution" embraces anything of value, including services. It is a misdemeanor statute, and violations of it are punishable by fines up to $10,000 and/or imprisonment for up to one year.

Like Section 600, Section 601 reaches all employment and benefits that are funded by the Congress in whole or in part. The statute is not restricted to federal jobs, although threats to terminate federal employment are specifically covered by it. Section 601 offenses are lesser included crimes within 18 U.S.C. 606 where the threatened employee is a federal civil servant.

Also like Section 600, Section 601 was amended in 1976 through Public Law 94-453, in the process of which the Congress manifested an intent to bar the use of federal benefits and programs as patronage "lugs." The statute therefore reaches all attempts, whether or not successful, to extract political tribute through threats to terminate a benefit the origin of which can be traced to an Act of Congress. In aggravated cases, patterns of patronage abuse violative of Section 601 may constitute frauds on the programs adversely affected, United States v. Pintar, 630 F.2d 1270 (8th Cir. 1980), or even extorionate conduct, United States v. Cerilli, 603 F.2d 415 (3d Cir. 1979).

The gist of an offense under this statute is the threat, and not the termination of the benefit. As with Section 606, a successful prosecution under Section 601 requires proof that the motive for the adverse job action in question was political, rather than inadequate performance or some other such job-related trait.

It is the Criminal Division's view that Section 601 was not intended to prohibit the interjection of passive political considerations (such as loyalty or ideology) in the termination of public employees who perform "policymaking" functions for elected public officials. With respect to such employees, a degree of political loyalty is a necessary aspect of competent performance. The functional distinction is explained in Elrod v. Burns, 427 U.S. 347 (1976), a First Amendment case defining the parameters of a public employee's associational right not to be fired because of his political affiliation. See also Branti v. Finkel, 445 U.S. 507 (1980).

18 U.S.C. 665(b) parallels 18 U.S.C. 601, and applies where the CETA program is involved.

18 U.S.C. 595. Interference by administrative employees

of federal, state or territorial governments

This statute prohibits any public officer or employee, in connection with an activity financed wholly or partially by the United States, from using his or her official authority to interfere with or affect the nomination or election of a candidate for federal office. This statute is aimed at the misuse of official authority. It does not prohibit normal campaign activities by federal, state, or local employees that are consistent with the Hatch Act.

Section 595 is a misdemeanor statute, and violations are punishable by fines up to $1,000 and/or up to one year in prison.

Section 595 was enacted as part of the 1939 Hatch Act. Its legislative history reflects that it was intended to reach the activities of all public officials described by its terms, whether elected or appointed, ministerial or policymaking. Thus, an appointed policymaking government officer who bases a specific government decision exclusively or expressly on an intent to influence the vote for or against an identified federal candidate may violate this statute. 18 U.S.C. 598. Coercion by means of relief appropriations

Section 598 prohibits the use of funds appropriated by the Congress for relief or public-works projects to interfere with, restrain, or coerce any person in the exercise of his or her right to vote at any election. Violations are misdemeanors punishable by fines up to $1,000 and/or imprisonment for up to one year. 18 U.S.C. 604. Solicitation from persons on relief

This statute makes it unlawful for any person to solicit or receive contributions for any political purpose from any person known to be entitled to or receiving compensation, employment, or other benefits made possible by an Act of Congress appropriating funds for relief purposes. It is a misdemeanor statute and is punishable by fines up to $1,000 and/or imprisonment up to one year. 18 U.S.C. 605. Disclosure of names of persons on relief

Section 605 prohibits the furnishing or disclosure, for any political purpose, to a candidate, committee, or campaign manager, of any list of persons receiving compensation, employment, or benefits made possible by any Act of Congress appropriating funds for relief purposes. It also makes unlawful the receipt of any such list for political purposes. It is a misdemeanor statute and is punishable by fines up to $1,000 and/or imprisonment for up to one year.

18 U.S.C. 603. Making political contributions

This statute prohibits any federal officer or employee, or any person receiving compensation for services from money derived from the United States Treasury, from giving political contributions to any other such officer, employee, or person, or to any Senator or Representative in the Congress, if the person receiving the contribution is his or her "employer or employing authority. "The statute covers contributions for federal elections only, and treats contributions to authorized political committees as tantamount to contributions to the individual who authorized the committee.

It is a felony statute, and violations are punishable by fines up to $5,000 and/or imprisonment up to three years.

Section 603 was amended in 1980 to reach only a limited class of donation— i.e. those made to the donor's “employing authority." Its legislative history

reflects a congressional intent to cover all such donations, without regard to the type of employee involved. It applies to all congressional staff, to Presidential and White House employees, as well as to ministerial civil service personnel. See 1979 U.S. Code Cong. and Admin. News 2860, 2886; Weekly Compilation of Presidential Documents Vol. 16, No. 2. In both 1980 and 1984, when incumbent Presidents were seeking re-election, the Criminal Division took the position that Section 603, in its present form, forbade all federal Executive Branch personnel from giving contributions to the re-election campaign of the President in question.

The Hatch Act

The so-called Hatch Act prohibits all federal employees from engaging in the “active management of political campaigns," a term that is defined to include all activities that were prohibited to federal personnel in 1939 when the Act became law. The former Civil Service Commission (which is now the Office of Personnel Management) has promulgated a series of regulations specifying precisely what is, and what is not, "active management of political campaigns.” The Hatch Act itself is set forth at 5 U.S.C. 7324 et seq., and its implementing regulations are contained in 5 C.F.R. 733.101 et seq.

The activities covered by this legislation include nearly all forms of active partisan campaigning. These limitations on political expression have been twice upheld by the Supreme Court as constitutionally justified measures to assure the appearance and actuality of impartiality in the administration of federal business. Civil Service Commission v. Letter Carriers, 413 U.S. 548 (1973); United Public Workers v. Mitchell, 330 U.S. 75 (1947).

A 1940 Amendment to the Hatch Act imposed restrictions on political activity by state and local public employees who perform activities financed with federal funds, or who administer federal programs. In 1974, most of these restrictions on political activity by non-federal personnel were repealed. Today, such nonfederal public employees may do nearly anything politically, except misuse their offices for political ends or be candidates themselves. See 5 U.S.C. 1501-1508.

The Department of Justice does not prosecute Hatch Act offenses. They are prosecuted by the Office of Special Counsel, and they are "tried" before the Merit Systems Protection Board. See 5 U.S.C. 1206(e)(1)(A).

Hatch Act offenses are not crimes. They are personnel infractions. Violations of these broad provisions can lead to termination from federal employment, or suspension in the event that the Merit Systems Protection Board specifically recommends a lesser penalty short of termination. 5 U.S.C. 1207(b).

All inquiries concerning the Hatch Act should be directed to the Office of Special Counsel, 1120 Vermont Ave., N.W., Washington, D.C. 20419; FTS 653-7188.

United States Attorney and Bureau personnel should be sensitive to the fact that the federal criminal laws dealing with politicalization of the federal civil service represent, in most instances, merely extremely aggravated violations of the Hatch Act and its regulations. In those instances where there is any doubt concerning whether a specific matter would be more properly disposed of administratively by the Special Counsel or through criminal prosecution by the Justice Department, the Public Integrity Section should be consulted.

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