actually governed by the general criminal fine structure in 18 U.S.C.
§ 3571.
Sections 600 and 601 are the two principal statutes providing
federal jurisdiction over situations when corrupt public officials use
government-funded jobs or programs to advance a partisan political
agenda rather than to serve the public interest. Both statutes reach
employment and benefits that are funded by Congress in whole or in
part. The statutes are not restricted to federal jobs, although Section
601 specifically covers threats to terminate federal employment.44
Sections 600 and 601 thus protect a broader class of employees than
Section 610, which is restricted to federal employees in the executive
branch. In addition, there is no minimum amount of federal funds
that must be involved in the employment or benefit on which the
corrupt demand focuses to trigger a violation.
The principal distinction between Sections 600 and 601 is
whether the coerced political activity is demanded as a condition
precedent to obtaining a publicly funded job or benefit (Section 600), or
occurs in the form of a threat to terminate a federal benefit or job the
victim already possesses (Section 601). Section 601 requires proof
that the motive for the adverse job action was political and not
inadequate performance or some other job-related factor; it is a lesser
included offense of Section 606 when the threatened employee is a
federal civil servant.
As with Section 606, the Criminal Division believes that
Sections 600 and 601 were not intended to reach the consideration of
political factors in the hiring or termination of the small category of
senior public employees who perform policymaking or confidential
duties for elected officials of federal, state, or local governments.
With respect to such employees, a degree of political loyalty may be
considered a necessary aspect of competent performance. Compare
Connick v. Myers, 461 U.S. 138, 148–49 (1983) (upholding dismissal
of an allegedly disruptive assistant district attorney), with Rutan v.
44
Section 601 has a parallel provision in 18 U.S.C. § 665(b), which covers
programs under the Comprehensive Employment and Training Act.
108
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