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Part 734—Political Activities of Federal Employees

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Part 734—Political Activities of Federal Employees Pt. 734 5 CFR Ch. I (1–1–02 Edition) Warner Robins, Ga. (March 19, 1948). 734.409 Participation in political organiza- tions; prohibitions. 734.410 Participation in political fund- PART 734—POLITICAL ACTIVITIES raising; prohibitions. OF FEDERAL EMPLOYEES 734.411 Participation in political cam- paigning; prohibitions. Subpart A—General Provisions 734.412 Participation in elections; prohibi- tions. Sec. 734.413 Employees of the Federal Election 734.101 Definitions. Commission; prohibitions. 734.102 Jurisdiction. 734.103 Multicandidate political committees Subpart E—Special Provisions for Certain of Federal labor organizations and Fed- Presidential Appointees and Employ- eral employee organizations. ees Paid From the Appropriation for 734.104 Restriction of political activity. the Executive Office of the President Subpart B—Permitted Activities 734.501 Permitted and prohibited activities. 734.502 Participation in political activity 734.201 Exclusion from coverage. while on duty, in uniform, in any room 734.202 Permitted activities. or building occupied in the discharge of 734.203 Participation in nonpartisan activi- official duties, or using a Federal vehi- ties. cle. 734.204 Participation in political organiza- 734.503 Allocation and reimbursement of tions. costs associated with political activities. 734.205 Participation in political campaigns. 734.504 Contributions to political action 734.206 Participation in elections. committees through voluntary payroll 734.207 Candidacy for public office. allotments prohibited. 734.208 Participation in fundraising. Subpart F—Employees Who Work on an Subpart C—Prohibited Activities Irregular or Occasional Basis 734.301 Exclusion from coverage. 734.601 Employees who work on an irregular 734.302 Use of official authority; prohibi- or occasional basis. tion. 734.303 Fundraising. Subpart G—Related Statutes and Executive 734.304 Candidacy for public office. 734.305 Soliciting or discouraging the polit- Orders ical participation of certain persons. 734.701 General. 734.306 Participation in political activities 734.702 Related statutes and Executive or- while on duty, in uniform, in any room ders. or building occupied in the discharge of official duties, or using a Federal vehi- AUTHORITY: 5 U.S.C. 1103, 1104, 7325; Reorga- cle. nization Plan No. 2 of 1978, 92 Stat. 3783, 3 734.307 Campaigning for a spouse or family CFR 1978 Comp. p. 323; and E.O. 12107, 3 CFR member. 1978 Comp. p. 264. SOURCE: 59 FR 48769, Sept. 23, 1994, unless Subpart D—Employees in Certain otherwise noted. Agencies and Positions 734.401 Coverage. Subpart A—General Provisions 734.402 Expression of an employee’s indi- vidual opinion. § 734.101 Definitions. 734.403 Participation in elections. For the purposes of this part: 734.404 Participation in political organiza- tions. Accept means to come into possession 734.405 Campaigning for a spouse or family of something from a person officially member. on behalf of a candidate, a campaign, a 734.406 Participation in political activities political party, or a partisan political while on duty, in uniform, in any room group, but does not include ministerial or building occupied in the discharge of activities which precede or follow this official duties, or using a Federal vehi- official act. cle; prohibition. Candidate means an individual who 734.407 Use of official authority; prohibi- tion. seeks nomination or election to any 734.408 Participation in political manage- elective office whether or not the per- ment and political campaigning; prohibi- son is elected. An individual is deemed tions. to be a candidate if the individual has 36 VerDate 11<MAY>2000 09:01 Jan 11, 2002 Jkt 197008 PO 00000 Frm 00036 Fmt 8010 Sfmt 8010 Y:\SGML\197008T.XXX pfrm01 PsN: 197008T Office of Personnel Management § 734.101 received political contributions or erendum, approval of a municipal ordi- made expenditures or has consented to nance, or any question or issue of a another person receiving contributions similar character. or making expenditures with a view to Occasional means occurring infre- bringing about the individual’s nomi- quently, at irregular intervals, and ac- nation or election. cording to no fixed or certain scheme; Campaign means all acts done by a acting or serving for the occasion or candidate and his or her adherents to only on particular occasions. obtain a majority or plurality of the Office means the U.S. Office of Per- votes to be cast toward a nomination sonnel Management. or in an election. On Duty means the time period when Election includes a primary, special, an employee is: runoff, or general election. (1) In a pay status other than paid Employee means any individual (other leave, compensatory time off, credit than the President, Vice President, or hours, time off as an incentive award, a member of the uniformed services) or excused or authorized absence (in- employed or holding office in— cluding leave without pay); or (1) An Executive agency other than the General Accounting Office; (2) Representing any agency or in- (2) A position within the competitive strumentality of the United States service which is not in an Executive Government or any agency or instru- agency; mentality of the District of Columbia (3) The Government of the District of Government in an official capacity. Columbia, other than the Mayor or a Partisan when used as an adjective member of the City Council or the Re- means related to a political party. corder of Deeds; or Partisan political group means any (4) The United States Postal Service committee, club, or other organization or the Postal Rate Commission. which is affiliated with a political Employing office shall have the mean- party or candidate for public office in a ing given by the head of each agency or partisan election, or organized for a instrumentality of the United States partisan purpose, or which engages in Government or District of Columbia partisan political activity. Government covered by this part. Each Partisan political office means any of- agency or instrumentality shall pro- fice for which any candidate is nomi- vide notice identifying the appropriate nated or elected as representing a employing offices within it through in- party any of whose candidates for Pres- ternal agency notice procedures. idential elector received votes in the Federal employee organization means last preceding election at which Presi- any lawful nonprofit organization, as- dential electors were selected, but does sociation, society, or club composed of not include any office or position with- Federal employees. in a political party or affiliated organi- Federal labor organization means an zation. organization defined in 5 U.S.C. Person means an individual; a State, 7103(a)(4). local, or foreign government; or a cor- Multicandidate political committee poration and subsidiaries it controls, means an organization defined in 2 company, association, firm, partner- U.S.C. 441a(a)(4). ship, society, joint stock company, or Nonpartisan election means— any other organization or institution, (1) An election in which none of the including any officer, employee, or candidates is to be nominated or elect- agent of such person or entity. ed as representing a political party any Political Action Committee means any of whose candidates for Presidential committee, association, or organiza- elector received votes in the last pre- tion (whether or not incorporated) ceding election at which Presidential which accepts contributions or makes electors were selected; or expenditures for the purpose of influ- (2) An election involving a question encing, or attempting to influence, the or issue which is not specifically iden- nomination or election of one or more tified with a political party, such as a individuals to Federal, State, or local constitutional amendment, ref- elective public office. 37 VerDate 11<MAY>2000 09:01 Jan 11, 2002 Jkt 197008 PO 00000 Frm 00037 Fmt 8010 Sfmt 8010 Y:\SGML\197008T.XXX pfrm01 PsN: 197008T § 734.102 5 CFR Ch. I (1–1–02 Edition) Political activity means an activity di- buildings’’ as defined in 40 U.S.C. 612(1)) rected toward the success or failure of or Federally leased space in which Fed- a political party, candidate for par- eral employees perform official duties tisan political office, or partisan polit- on a regular basis; ical group. (2) Public areas as defined in 40 Political contribution means any gift, U.S.C. 490(a)(17) and 41 CFR 101–20.003 subscription, loan, advance, or deposit of buildings under the custody and con- of money or anything of value, made trol of the General Services Adminis- for any political purpose. tration. (a) A political contribution includes: (3) A room or building occupied in (1) Any contract, promise, or agree- the discharge of official duties by an ment, express or implied, whether or individual employed or holding office not legally enforceable, to make a con- in the Government of the United tribution for any political purpose; States or any agency thereof does not (2) Any payment by any person, other include rooms in the White House, or than a candidate or a political party or in the residence of the Vice President, affiliated organization, of compensa- which are part of the Residence area or tion for the personal services of an- which are not regularly used solely in other person which are rendered to any the discharge of official duties. candidate or political party or affili- Solicit means to request expressly of ated organization without charge for another person that he or she con- any political purpose; and tribute something to a candidate, a (3) The provision of personal services, campaign, a political party, or partisan paid or unpaid, for any political pur- political group. pose. Subordinate refers to the relationship (b) A political contribution does not between two employees when one em- include the value of services provided ployee is under the supervisory author- without compensation by any indi- ity, control or administrative direction vidual who volunteers on behalf of any of the other employee.
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