
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5043]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 66--DOMESTIC VOLUNTEER SERVICES
 
             SUBCHAPTER IV--ADMINISTRATION AND COORDINATION
 
Sec. 5043. Political activities


(a) Funds use prohibition; ``election'' and ``Federal office'' defined

    No part of any funds appropriated to carry out this chapter, or any 
program administered by the Corporation under this chapter, shall be 
used to finance, directly or indirectly, any activity designed to 
influence the outcome of any election to Federal office, or the outcome 
of any election to any State or local public office, or any voter 
registration activity, or to pay the salary of any officer or employee 
of the Corporation, who, in an official capacity as such an officer or 
employee, engages in any such activity. As used in this section, the 
term ``election'' (when referring to an election for Federal office) has 
the same meaning given such term by section 431(1) of title 2, and the 
term ``Federal office'' has the same meaning given such term by section 
431(3) of title 2.

(b) Prohibition on program identification

    (1) Programs assisted under this chapter shall not be carried on in 
a manner involving the use of funds, the provision of services, or the 
employment or assignment of personnel in a manner supporting or 
resulting in the identification of such programs with--
        (A) any partisan or nonpartisan political activity associated 
    with a candidate, or a contending faction or group, in an election 
    for public or party office;
        (B) any activity to provide voters or prospective voters with 
    transportation to the polls or similar assistance in connection with 
    any such election; or
        (C) any voter registration activity;

except that programs assisted under this chapter may make voter 
registration applications and nonpartisan voter registration information 
available to the public on the premises of such programs.
    (2) In carrying out any voter registration activity permitted under 
paragraph (1), an individual who is affiliated with, or employed to 
carry out, a program assisted under this chapter shall not--
        (A) indicate a preference with respect to any candidate, 
    political party, or election issue; or
        (B) seek to influence the political or party affiliation, or 
    voting decision, of any individual.

(c) Prohibition on influencing passage or defeat of legislation

    No funds appropriated to carry out this chapter shall be used by any 
program assisted under this chapter in any activity for the purpose of 
influencing the passage or defeat of legislation or proposals by 
initiative petition, except--
        (1) in any case in which a legislative body, a committee of a 
    legislative body, or a member of a legislative body requests any 
    volunteer in, or employee of, such a program to draft, review, or 
    testify regarding measures or to make representations to such 
    legislative body, committee, or member; or
        (2) in connection with an authorization or appropriations 
    measure directly affecting the operation of the program.

(d) Enforcement; rules and regulations

    The Director, after consultation with the Office of Personnel 
Management, shall issue rules and regulations to provide for the 
enforcement of this section, which shall include provisions for summary 
suspension of assistance for no more than thirty days until notice and 
an opportunity to be heard can be provided or other action necessary to 
permit enforcement on an emergency basis.

(Pub. L. 93-113, title IV, Sec. 403, Oct. 1, 1973, 87 Stat. 408; Pub. L. 
96-143, Secs. 8, 18(c)(1), Dec. 13, 1979, 93 Stat. 1077, 1083; Pub. L. 
96-187, title I, Sec. 112(e)(1), Jan. 8, 1980, 93 Stat. 1366; Pub. L. 
99-551, Sec. 10(i)(6), Oct. 27, 1986, 100 Stat. 3078; Pub. L. 103-82, 
title III, Sec. 363, title IV, Sec. 405(a)(7), Sept. 21, 1993, 107 Stat. 
907, 920.)


                               Amendments

    1993--Subsec. (a). Pub. L. 103-82, Sec. 405(a)(7), substituted 
``administered by the Corporation under this chapter'' for 
``administered by the ACTION Agency'' and ``of the Corporation'' for 
``of the ACTION Agency''.
    Subsec. (b)(1). Pub. L. 103-82, Sec. 363(3), added par. (1) and 
struck out former par. (1) which read as follows: ``Programs assisted 
under this chapter shall not be carried on in a manner involving the use 
of funds, the provision of services, or the employment or assignment of 
personnel in a manner supporting or resulting in the identification of 
such programs with (A) any partisan or non-partisan political activity 
or any other political activity associated with a candidate, or 
contending faction or group, in an election for public or party office, 
(B) any activity to provide voters or prospective voters with 
transportation to the polls or similar assistance in connection with any 
such election, or (C) any voter registration activity.''
    Subsec. (b)(2). Pub. L. 103-82, Sec. 363(3), added par. (2). Former 
par. (2) redesignated subsec. (c).
    Subsec. (c). Pub. L. 103-82, Sec. 363(1), (2), redesignated subsec. 
(b)(2) as subsec. (c) and subpars. (A) and (B) as pars. (1) and (2), 
respectively. Former subsec. (c) redesignated (d).
    Subsec. (d). Pub. L. 103-82, Sec. 363(1), redesignated subsec. (c) 
as (d).
    1986--Subsec. (a). Pub. L. 99-551 substituted ``an official 
capacity'' for ``his official capacity''.
    1980--Subsec. (a). Pub. L. 96-187 substituted ``section 431(1) of 
title 2'' and ``section 431(3) of title 2'' for ``section 431(a) of 
title 2'' and ``section 431(c) of title 2'', respectively.
    1979--Pub. L. 96-143, Sec. 8(a), inserted ``or the outcome of any 
election to any State or local public office,'' after ``Federal 
office,'' and ``(when referring to an election for Federal office)'' 
before ``has the same meaning''.
    Subsec. (b). Pub. L. 96-143, Sec. 8(b), designated existing 
provisions as par. (1), cls. (1) to (3) thereof as cls. (A) to (C), and 
last sentence thereof as subsec. (c), and added par. (2).
    Subsec. (c). Pub. L. 96-143, Secs. 8(b)(3), 18(c)(1), designated as 
subsec. (c) provisions formerly contained in last sentence of subsec. 
(b) and, as so designated, substituted ``Office of Personnel 
Management'' for ``Civil Service Commission''.


                    Effective Date of 1993 Amendment

    Amendment by section 363 of Pub. L. 103-82 effective Oct. 1, 1993, 
see section 392 of Pub. L. 103-82, set out as a note under section 4951 
of this title.
    Amendment by section 405(a)(7) of Pub. L. 103-82 effective Apr. 4, 
1994, see section 406(b) of Pub. L. 103-82, set out as a note under 
section 8332 of Title 5, Government Organization and Employees.


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-551 effective Oct. 1, 1986, except as 
otherwise provided, see section 11 of Pub. L. 99-551, set out as an 
Effective Date note under section 4950 of this title.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-187 effective Jan. 8, 1980, see section 
301(a) of Pub. L. 96-187, set out as a note under section 431 of Title 
2, The Congress.
