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
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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.
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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. candidate, campaign, political party, Uniformed services means uniformed or partisan political group. services as defined in 5 U.S.C. 2101(3). Political management means the direc- tion or supervision of a partisan polit- [59 FR 48769, Sept. 23, 1994, as amended at 61 ical group or campaign for partisan po- FR 35099, July 5, 1996] litical office. § 734.102 Jurisdiction. Political party means a national polit- ical party, a State political party, or (a) The United States Office of Spe- an affiliated organization. cial Counsel has exclusive authority to Political purpose means an objective investigate allegations of political ac- of promoting or opposing a political tivity prohibited by the Hatch Act Re- party, candidate for partisan political form Amendments of 1993, as imple- office, or partisan political group. mented by 5 CFR part 734, prosecute al- Receive means to come into posses- leged violations before the United sion of something from a person offi- States Merit Systems Protection cially on behalf of a candidate, a cam- Board, and render advisory opinions paign, a political party, or a partisan concerning the applicability of 5 CFR political group, but does not include part 734 to the political activity of Fed- ministerial activities which precede or eral employees and employees of the follow this official act. District of Columbia government. (5 Recurrent means occurring fre- U.S.C. 1212 and 1216. Advice concerning quently, or periodically on a regular the Hatch Act Reform Amendments basis. may be requested from the Office of Room or building occupied in the dis- Special Counsel: charge of official duties by an individual (1) By letter addressed to the Office employed or holding office in the Govern- of Special Counsel at 1730 M Street ment of the United States or any agency NW., Suite 300, Washington, DC 20036, thereof includes, but is not limited to: or (1) Any Federally owned space (in- (2) By telephone on (202) 653–7188, or cluding, but not limited to, ‘‘public (1–800) 854–2824.
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(b) The Merit Systems Protection § 734.104 Restriction of political activ- Board has exclusive authority to deter- ity. mine whether a violation of the Hatch No further proscriptions or restric- Act Reform Amendments of 1993, as im- tions may be imposed upon employees plemented by 5 CFR part 734, has oc- covered under this regulation except: curred and to impose a minimum pen- (a) Employees who are appointed by alty of suspension for 30 days and a the President by and with the advice maximum penalty of removal for viola- and consent of the Senate; tion of the political activity restric- (b) Employees who are appointed by tions regulated by this part. (5 U.S.C. the President; 1204 and 7326). (c) Non-career senior executive serv- (c) The Office of Personnel Manage- ice members; ment is authorized to issue regulations (d) Schedule C employees, 5 CFR describing the political activities 213.3301, 213.3302; and which are permitted and prohibited (e) Any other employees who serve at under the Hatch Act Reform Amend- the pleasure of the President. ments of 1993. (5 U.S.C. 1103, 1104, 7325; Reorganization Plan No. 2 of 1978, 92 Stat. 3783, 3 CFR 1978 Comp. p. 323; and Subpart B—Permitted Activities E.O. 12107, 3 CFR 1978 Comp. p. 264.) § 734.201 Exclusion from coverage. [59 FR 48769, Sept. 23, 1994, as amended at 61 This subpart does not apply to em- FR 35100, July 5, 1996] ployees in the agencies and positions § 734.103 Multicandidate political com- described in subpart D of this part. mittees of Federal labor organiza- tions and Federal employee organi- § 734.202 Permitted activities. zations. Employees may take an active part (a) In order to qualify under this in political activities, including polit- part, each multicandidate political ical management and political cam- committee of a Federal labor organiza- paigns, to the extent not expressly pro- tion must provide to the Office the fol- hibited by law and this part. lowing: (1) Information verifying that the § 734.203 Participation in nonpartisan multicandidate political committee is activities. a multicandidate political committee An employee may: as defined by 2 U.S.C. 441a(a)(4); (a) Express his or her opinion pri- (2) Information identifying the Fed- vately and publicly on political sub- eral labor organization to which the jects; multicandidate political committee is (b) Be politically active in connec- connected; and tion with a question which is not spe- (3) Information that identifies the cifically identified with a political Federal labor organization as a labor party, such as a constitutional amend- organization defined at 5 U.S.C. 7103(4). ment, referendum, approval of a mu- (b) In order to qualify under this nicipal ordinance or any other question part, each multicandidate political or issue of a similar character; committee of a Federal employee orga- (c) Participate in the nonpartisan ac- nization must provide to the Office the tivities of a civic, community, social, following: labor, or professional organization, or (1) Information verifying that the of a similar organization; and multicandidate political committee is (d) Participate fully in public affairs, a multicandidate political committee except as prohibited by other Federal as defined in 2 U.S.C. 441a(a)(4); law, in a manner which does not com- (2) Information identifying the Fed- promise his or her efficiency or integ- eral employee organization to which rity as an employee or the neutrality, the multicandidate political com- efficiency, or integrity of the agency or mittee is connected; and instrumentality of the United States (3) Information indicating that the Government or the District of Colum- multicandidate political committee bia Government in which he or she is was in existence as of October 6, 1993. employed.
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Example 1: An employee may participate, Example 4: An employee of the Department including holding office, in any nonpartisan of the Interior may serve as an officer of a group. Such participation may include fund- candidate’s campaign committee as long as raising as long as the fundraising is not in he does not personally solicit, accept, or re- any way connected with any partisan polit- ceive political contributions. Sections 734.208 ical issue, group, or candidate, and as long as and 734.303 of this part describe in detail per- the fundraising complies with part 2635 of mitted and prohibited activities which are this title as well as any other directives that related to fundraising. may apply, e.g., the Federal Property Man- [59 FR 48769, Sept. 23, 1994, as amended at 61 agement Regulations in 41 CFR chapter 101. FR 35100, July 5, 1996] Example 2: An employee, individually or collectively with other employees, may peti- tion or provide information to Congress as § 734.205 Participation in political provided in 5 U.S.C. 7211. campaigns. [59 FR 48769, Sept. 23, 1994, as amended at 61 Subject to the prohibitions in FR 35100, July 5, 1996] § 734.306, an employee may: (a) Display pictures, signs, stickers, § 734.204 Participation in political or- badges, or buttons associated with po- ganizations. litical parties, candidates for partisan An employee may: political office, or partisan political (a) Be a member of a political party groups, as long as these items are dis- or other political group and participate played in accordance with the provi- in its activities; sions of § 734.306 of subpart C of this (b) Serve as an officer of a political part; party or other political group, a mem- (b) Initiate or circulate a nominating ber of a national, State, or local com- petition for a candidate for partisan mittee of a political party, an officer political office; or member of a committee of a polit- (c) Canvass for votes in support of or ical group, or be a candidate for any of in opposition to a partisan political these positions; candidate or a candidate for political (c) Attend and participate fully in party office; the business of nominating caucuses of (d) Endorse or oppose a partisan po- political parties; litical candidate or a candidate for po- (d) Organize or reorganize a political litical party office in a political adver- party organization or political group; tisement, broadcast, campaign lit- and erature, or similar material; (e) Participate in a political conven- (e) Address a convention, caucus, tion, rally, or other political gathering. rally, or similar gathering of a polit- (f) Serve as a delegate, alternate, or ical party or political group in support proxy to a political party convention. of or in opposition to a partisan polit- Example 1: An employee of the Department ical candidate or a candidate for polit- of Education may serve as a delegate, alter- ical party office; and nate, or proxy to a State or national party (f) Take an active part in managing convention. the political campaign of a partisan po- Example 2: A noncareer member of the Sen- ior Executive Service, or other employee litical candidate or a candidate for po- covered under this subpart, may serve as a litical party office. vice-president of a political action com- Example 1: An employee of the Environ- mittee, as long as the duties of the office do mental Protection Agency may broadcast not involve personal solicitation, accept- endorsements for a partisan political can- ance, or receipt of political contributions. didate via a public address system attached Ministerial activities which precede or fol- to his or her private automobile. low the official acceptance and receipt, such Example 2: An employee of the Department as handling, disbursing, or accounting for of Interior may canvass voters by telephone contributions are not covered under the defi- on behalf of a political party or partisan po- nitions of accept and receive in § 734.101. Sec- litical candidate. tions 734.208 and 734.303 describe in detail Example 3: An employee of the Department permitted and prohibited activities which of Agriculture may stand outside of polling are related to fundraising. places on election day and hand out bro- Example 3: An employee of the Federal chures on behalf of a partisan political can- Communications Commission may make mo- didate or political party. tions or place a name in nomination at a Example 4: An employee may appear in a nominating caucus. television or radio broadcast which endorses
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a partisan political candidate and is spon- such solicitation, acceptance, or receipt sored by the candidate’s campaign com- must comply with part 2635 of this title as mittee, a political party, or a partisan polit- well as any other directives that may apply, ical group. e.g., The Federal Property Management Reg- Example 5: An independent contractor is ulations in 41 CFR chapter 101. not covered by this part and may display a political button while performing the duties § 734.208 Participation in fundraising. for which he or she is contracted. (a) An employee may make a polit- Example 6: An employee of the Department ical contribution to a political party, of Commerce who is on official travel may take annual leave in the morning to give an political group, campaign committee of address at a breakfast for a candidate for a candidate for public office in a par- partisan political office. tisan election and multicandidate po- Example 7: An employee may manage the litical committee of a Federal labor or political campaign of a candidate for public Federal employee organization. office including supervising paid and unpaid (b) Subject to the prohibitions stated campaign workers. in section 734.303, an employee may— Example 8: While not on duty, a Federal (1) Attend a political fundraiser; employee may distribute campaign leaflets (2) Accept and receive political con- by hand to homes or parked cars even though the leaflet may contain information con- tributions in a partisan election de- cerning where to send contributions among scribed in 5 CFR part 733; other factual material about a partisan po- (3) Solicit, accept, or receive uncom- litical candidate. However, should a member pensated volunteer services from any of the public stop the employee and request individual; and further information about contributions, the (4) Solicit, accept, or receive political employee should refer that request to an- contributions, as long as: other campaign worker who is not a Federal (i) The person who is solicited for a employee. Example 9: An employee may place in his or political contribution belongs to the her front yard a sign or banner supporting a same Federal labor organization, or partisan political candidate. Federal employee organization, as the employee who solicits, accepts, or re- [59 FR 48769, Sept. 23, 1994, as amended at 61 FR 35100, July 5, 1996] ceives the contribution; (ii) The person who is solicited for a § 734.206 Participation in elections. political contribution is not a subordi- nate employee; and An employee may: (iii) The request is for a contribution (a) Register and vote in any election; to the multicandidate political com- (b) Act as recorder, watcher, chal- mittee of a Federal labor organization lenger, or similar officer at polling or to the multicandidate political com- places; mittee of a Federal employee organiza- (c) Serve as an election judge or tion in existence on October 6, 1993. clerk, or in a similar position; and (c) Subject to the provisions of (d) Drive voters to polling places for § 734.306, an employee may make a fi- a partisan political candidate, partisan nancial contribution to a political ac- political group, or political party. tion committee through a voluntary Example: An employee may drive voters to polling places in a privately owned vehicle, allotment made under § 550.311(b) of but not in a Government-owned or leased ve- this chapter, if the head of the employ- hicle. ee’s agency permits agency employees to make such allotments to political § 734.207 Candidacy for public office. action committees. An employee may: (d) An employee who is covered under (a) Run as an independent candidate this subpart and is a payroll official in in a partisan election covered by 5 CFR an agency where employees are per- part 733; and mitted to make allotments to political (b) Run as a candidate in a non- action committees may process the partisan election. completed direct deposit forms for vol- Example 1: An employee who is a candidate untary allotments which have been for public office in a nonpartisan election is made to such committees under section not barred by the Hatch Act from soliciting, 550.311(b) of this title. accepting, or receiving political contribu- Example 1: An GS–12 employee of the De- tions for his or her own campaign; however, partment of Treasury who belongs to the
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same Federal employee organization as a ceive political contributions. For example, GS–5 employee of the Department of Treas- the employee may organize or manage fund- ury may solicit a contribution for the multi- raising activities as long as he or she does candidate political committee when she is not violate the above prohibition. not on duty as long as the GS–5 employee is Example 8: The head of a cabinet-level de- not under the supervisory authority of the partment may contribute one of her worn- GS–12 employee. out cowboy boots to the campaign com- Example 2: An employee of the National mittee of a Senatorial candidate to be auc- Park Service may give a speech or keynote address at a political fundraiser when he is tioned off in a fundraising raffle for the ben- not on duty, as long as the employee does efit of the candidate’s campaign. not solicit political contributions, as prohib- Example 9: An employee may help organize ited in § 734.303(b) of this part. a fundraiser including supplying names for Example 3: An employee’s name may appear the invitation list as long as he or she does on an invitation to a political fundraiser as not personally solicit, accept, or receive con- a guest speaker as long as the reference in no tributions. way suggests that the employee solicits or Example 10 An employee on travel may en- encourages contributions, as prohibited in gage in political activity when he or she is § 734.303 of this part and described in example not on duty without taking annual leave. 2 thereunder. However, the employee’s offi- Example 11: A Federal employee may so- cial title may not appear on invitations to licit, accept, or receive the uncompensated any political fundraiser, except that an em- volunteer services of any individual, except a ployee who is ordinarily addressed using a subordinate employee, to work on behalf of a general term of address, such as ‘‘The Honor- partisan political candidate or organization. able,’’ may use or permit the use of that However, such solicitation, acceptance, or term of address for such purposes. receipt must comply with part 2635 of this Example 4: When an employee of the De- partment of Transportation is not on duty, title as well as any other directives that may he or she may engage in activities which do apply, e.g., the Federal Property Manage- not require personal solicitations of con- ment Regulations in 41 CFR chapter 101. tributions, such as organizing mail or phone Further, Federal employees are subject to solicitations for political contributions. Ac- criminal anti-coercion provisions found at 18 tivities such as stuffing envelopes with re- U.S.C. 610. quests for political contributions also are Example 12: An employee who desires to permitted. However, he or she may not sign make a financial contribution to a political the solicitation letter unless the solicitation action committee through a voluntary allot- is for the contribution of uncompensated vol- ment personally may obtain blank direct de- unteer services of individuals who are not posit forms from his or her payroll office. subordinate employees. An employee may However, he or she may not complete the not knowingly send to his or her subordinate form while he or she is on duty, on Federal employees a letter soliciting the contribu- property, or in a Federally owned or leased tion of their uncompensated services. How- vehicle. Moreover, he or she may not person- ever, he or she may sign a letter that solicits ally deliver his or her completed form, or the contributions of uncompensated volunteer completed form of another employee, to the services as part of a general mass mailing payroll office. However, the employee may that might reach a subordinate employee, as mail his or her direct deposit form to his or long as the mass mailing is not specifically her agency payroll office. targeted to his or her subordinate employ- Example 13: Employees who are permitted ees. to solicit, accept, or receive political con- Example 5: An employee who is not on duty tributions under the circumstances described may participate in a phone bank soliciting the uncompensated services of individuals. in § 734.208(b)(4) may not solicit, accept, or However, an employee may not make phone receive such contributions either while they solicitations for political contributions even are on duty, or while they are on Federal anonymously. premises, or both. Example 6: An employee of the Department [59 FR 48769, Sept. 23, 1994, as amended at 61 of Agriculture who is on official travel and is FR 35100, July 5, 1996] not in a pay status nor officially rep- resenting the Department may write invita- tions in his hotel room to a meet-the-can- Subpart C—Prohibited Activities didate reception which he plans to hold in his home. § 734.301 Exclusion from coverage. Example 7: An employee may serve as an of- ficer or chairperson of a political fundraising This subpart does not apply to em- organization or committee as long as he or ployees in the agencies and positions she does not personally solicit, accept, or re- described in subpart D of this part.
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§ 734.302 Use of official authority; pro- Moreover, the employee may not accept, or hibition. receive political contributions, except under the circumstances stated in § 734.208(b). (a) An employee may not use his or Example 2: An employee’s name may not her official authority or influence for appear on an invitation to a fundraiser as a the purpose of interfering with or af- sponsor of the fundraiser, or as a point of fecting the result of an election. contact for the fundraiser. (b) Activities prohibited by para- Example 3: An employee may not ask a sub- graph (a) of this section include, but ordinate employee to volunteer on behalf of a partisan political campaign. are not limited to: Example 4: An employee may not call the (1) Using his or her official title while personnel office of a business or corporation participating in political activity; and request that the corporation or business (2) Using his or her authority to co- provide volunteers or services for a cam- erce any person to participate in polit- paign. However, an employee may call an in- ical activity; and dividual who works for a business or corpora- (3) Soliciting, accepting, or receiving tion and request that specific individual’s services for a campaign. uncompensated individual volunteer services from a subordinate for any po- § 734.304 Candidacy for public office. litical purpose. An employee may not run for the Example 1: An employee who signs a letter seeking uncompensated volunteer services nomination or as a candidate for elec- from individuals may not identify himself or tion to partisan political office, except herself by using his or her official title. How- as specified in § 734.207. ever, the employee may use a general form of address, such as ‘‘The Honorable.’’ § 734.305 Soliciting or discouraging Example 2: A noncareer member of the Sen- the political participation of certain ior Executive Service, or another employee persons. covered by this subpart, may not ask his or (a) An employee may not knowingly her subordinate employees to provide un- solicit or discourage the participation compensated individual volunteer services in any political activity of any person for a political party, partisan political group, or candidate for partisan political of- who has an application for any com- fice. Moreover, he or she may not accept or pensation grant, contract, ruling, li- receive such services from a subordinate em- cense, permit, or certificate pending ployee who offers to donate them. before the employee’s employing office. Example 3: An employee may not require (b) An employee may not knowingly any person to contribute to a partisan polit- solicit or discourage the participation ical campaign in order to win a Federal con- in any political activity of any person tract: who is the subject of, or a participant [61 FR 35100, July 5, 1996] in, an ongoing audit, investigation, or enforcement action being carried out § 734.303 Fundraising. by the employee’s employing office. An employee may not knowingly: (c) Each agency or instrumentality of (a) Personally solicit, accept or re- the United States or District of Colum- ceive a political contribution from an- bia Government shall determine when other person, except under the cir- a matter is pending and ongoing within cumstances specified in § 734.208(b); employing offices of the agency or in- (b) Personally solicit political con- strumentality for the purposes of this tributions in a speech or keynote ad- part. dress given at a fundraiser; Example 1: An employee with agency-wide (c) Allow his or her official title to be responsibility may address a large, diverse used in connection with fundraising ac- group to seek support for a partisan political tivities; or candidate as long as the group has not been specifically targeted as having matters be- (d) Solicit, accept, or receive uncom- fore the employing office. pensated volunteer services from an in- Example 2: An employee of the Federal De- dividual who is a subordinate. posit Insurance Corporation (FDIC) may not Example 1: An employee may not host a solicit or discourage the participation of an fundraiser at his or her home. However, a insured financial institution or its employ- spouse who is not covered under this part ees if the institution is undergoing examina- may host such a fundraiser and the employee tion by the FDIC. may attend. The employee may not person- Example 3: An employee of the Food and ally solicit contributions to the fundraiser. Drug Administration may address a banquet
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for a partisan political candidate which is Example 5: A noncareer member of the Sen- sponsored by the candidate’s campaign com- ior Executive Service, or any other employee mittee, even though the audience includes covered by this subpart, who uses his or her three individuals who are employed by or are privately owned vehicle only on an occa- officials of a pharmaceutical company. How- sional basis to drive to another Federal ever, she may not deliver the address if the agency for a meeting, or to take a training banquet is sponsored by a lobbying group for course, is not required to cover a partisan pharmaceutical companies, of if she knows political bumper sticker on his or her vehi- that the audience will be composed pri- cle. marily of employees or officials of such com- Example 6: An employee may not place a panies. partisan political bumper sticker on any Government owned or Government leased ve- § 734.306 Participation in political ac- hicle. tivities while on duty, in uniform, Example 7: An employee may place a bump- in any room or building occupied in er sticker on his or her privately owned vehi- the discharge of official duties, or cle and park his or her vehicle in a parking using a Federal vehicle. lot of an agency or instrumentality of the United States Government or in a non-Fed- (a) An employee may not participate eral facility for which the employee receives in political activities subject to the a subsidy from his or her employing agency provisions of subpart E of this part: or instrumentality. (1) While he or she is on duty; Example 8: When an agency or instrumen- (2) While he or she is wearing a uni- tality of the United States Government form, badge, insignia, or other similar leases offices in a commercial building and that building includes the headquarters of a item that identifies the employing candidate for partisan political office, an agency or instrumentality or the posi- employee of that agency or instrumentality tion of the employee; may do volunteer work, when he or she is (3) While he or she is in any room or not on duty, at the candidate’s headquarters building occupied in the discharge of and in other areas of the building that have official duties by an individual em- not been leased by the Government. ployed or holding office in the Govern- Example 9: A Government agency or instru- mentality leases all of the space in a com- ment of the United States or any agen- mercial building; employees may not partici- cy or instrumentality thereof; or pate in political activity in the public areas (4) While using a Government-owned of the leased building. or leased vehicle or while using a pri- Example 10: An employee of the National vately-owned vehicle in the discharge Aeronautics and Space Administration of official duties. (NASA) may not engage in political activi- (b) The prohibitions in paragraph (a) ties while wearing a NASA flight patch, of this section do not apply to employ- NASA twenty-year pin or anything with an official NASA insignia. ees covered under subpart E of this Example 11: If a political event begins while part. an employee is on duty and continues into Example 1: While on leave without pay, an the time when he or she is not on duty, the employee is not subject to the prohibition in employee must wait until he or she is not on § 734.306(a)(1) because he or she is not on duty to attend the event. Alternatively, an duty. However, while on leave without pay, employee may request annual leave to at- the employee remains subject to the other tend the political event when it begins. prohibitions in subpart C. Example 12: Officials of labor organizations Example 2: A Postal Service employee who who have been given official time to perform uses her private vehicle to deliver mail may representational duties are on duty. place a political bumper sticker on the vehi- Example 13: An employee may stuff enve- cle, as long as she covers the bumper sticker lopes for a mailing on behalf of a candidate while she is on duty. for partisan political office while the em- Example 3: An employee who uses his or her ployee is sitting in the park during his or her privately owned vehicle on a recurrent basis lunch period if he or she is not considered to for official business may place a partisan po- be on duty during his or her lunch period. litical bumper sticker on the vehicle, as long Example 14: An employee who works at as he or she covers the bumper sticker while home may engage in political activities at the vehicle is being used for official duties. home when he or she is not in a pay status Example 4: An employee who uses his or her or representing the Government in an offi- privately owned vehicle on official business, cial capacity. must cover any partisan political bumper Example 15: An employee who is appointed sticker while the vehicle is being used for of- by the President by and with the advice and ficial duties, if the vehicle is clearly identi- consent of the Senate (PAS) may attend a fied as being on official business. political event with an non-PAS employee
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whose official duties do not require accom- others to vote for her spouse, as long as the panying the PAS as long as the non-PAS em- employee does not personally solicit polit- ployee is not on duty. ical contributions. Example 16: A noncareer member of the [59 FR 48769, Sept. 23, 1994, as amended at 61 Senior Executive Service, or any other em- FR 35101, July 5, 1996] ployee covered by this subpart, may not wear partisan political buttons or display partisan political pictures, signs, stickers, or Subpart D—Employees in Certain badges while he or she is on duty or at his or Agencies and Positions her place of work. Example 17: An employee may not engage § 734.401 Coverage. in political activity in the cafeteria of a Fed- eral building, even if the cafeteria is in space (a) This subpart applies to employees leased by a contractor. in the following agencies and positions: Example 18: An employee who contributes (1) The Federal Election Commission; financially to a political action committee (2) The Federal Bureau of Investiga- through a voluntary allotment made under tion; § 550.311(b) of this title may not complete the (3) The Secret Service; direct deposit forms while he or she is on (4) The Central Intelligence Agency; duty, in a ‘‘room or building’’ defined in § 734.101 or in a Federally owned or leased ve- (5) The National Security Council; hicle. (6) The National Security Agency; Example 19: An employee who contributes (7) The Defense Intelligence Agency; financially to a political action committee (8) The Merit Systems Protection through a voluntary allotment may not per- Board; sonally deliver his or her completed direct (9) The Office of Special Counsel; deposit form, or the completed direct deposit (10) The Office of Criminal Investiga- form of another employee, to the payroll em- tion of the Internal Revenue Service. ployees who would process or administer such forms. However, the employee may mail (11) The Office of Investigative Pro- his or her direct deposit form to his or her grams of the United States Customs agency payroll office. Service; (12) The Office of Law Enforcement of [59 FR 48769, Sept. 23, 1994, as amended at 61 FR 35101, July 5, 1996] the Bureau of Alcohol, Tobacco, and Firearms; § 734.307 Campaigning for a spouse or (13) The Criminal Division of the De- family member. partment of Justice; An employee covered under this sub- (14) The Central Imagery Office; part who is the spouse or family mem- (15) Career Senior Executive Service ber of either a candidate for partisan positions described in 5 U.S.C. political office, candidate for political 3132(a)(4); party office, or candidate for public of- (16) Administrative Law Judge posi- fice in a nonpartisan election, is sub- tions described in 5 U.S.C. 5372; ject to the same prohibitions as other (17) Contract Appeals Board Member employees covered under this subpart. positions described in 5 U.S.C. 5372a. Example 1: An employee who is married to (b) Employees appointed by the a candidate for partisan political office may President by and with the advice and attend a fundraiser for his or her spouse, consent of the Senate in the agencies stand in the receiving line, sit at the head and positions described in paragraph table, and urge others to vote for his or her (a) of this section are excluded from spouse. However, the employee may not per- coverage under this subpart. sonally solicit, accept, or receive contribu- (c) All employees covered under this tions of money or the paid or unpaid services subpart are free to engage in political of a business or corporation, or sell or collect activity to the widest extent con- money for tickets to the fundraiser. Example 2: An employee who is the daugh- sistent with the restrictions imposed ter of a candidate for partisan political office by law and this subpart. may appear in a family photograph which is [59 FR 48769, Sept. 23, 1994, as amended at 61 printed in a campaign flier. She may dis- FR 35101, July 5, 1996] tribute fliers at a campaign rally as long as she does not personally solicit contributions. § 734.402 Expression of an employee’s Example 3: An employee who is married to individual opinion. a candidate for political partisan political office may appear with her spouse in a polit- Each employee covered under this ical advertisement or a broadcast, and urge subpart retains the right to participate
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in any of the following political activi- partisan political theme when the employee ties, as long as such activity is not per- is not on duty or at his or her place of work. formed in concert with a political [59 FR 48769, Sept. 23, 1994, as amended at 61 party, partisan political group, or a FR 35101, July 5, 1996] candidate for partisan political office: (a) Express his or her opinion as an § 734.403 Participation in elections. individual privately and publicly on Each employee covered under this political subjects and candidates; subpart retains the right to: (b) Display a political picture, sign, (a) Register and vote in any election; sticker, badge, or button, as long as (b) Take an active part, as a can- these items are displayed in accord- didate or in support of a candidate, in ance with the provisions of § 734.406; a nonpartisan election; and (c) Sign a political petition as an in- (c) Serve as an election judge or dividual; clerk, or in a similar position, to per- (d) Be politically active in connec- form nonpartisan duties as prescribed tion with a question which is not spe- by State or local law. cifically identified with a political party, such as a constitutional amend- § 734.404 Participation in political or- ment, referendum, approval of a mu- ganizations. nicipal ordinance, or any other ques- (a) Each employee covered under this tion or issue of a similar character; and subpart retains the right to: (e) Otherwise participate fully in (1) Participate in the nonpartisan ac- public affairs, except as prohibited by tivities of a civic, community, social, other Federal law, in a manner which labor, or professional organization, or does not compromise his or her effi- of a similar organization; ciency or integrity as an employee or (2) Be a member of a political party the neutrality, efficiency, or integrity or other partisan political group and of the agency or instrumentality of the participate in its activities to the ex- United States Government in which he tent consistent with other Federal law; or she is employed. (3) Attend a political convention, Example 1: An employee may purchase air rally, fund-raising function, or other time on a radio or television station to en- political gathering; and dorse a partisan political candidate. How- (4) Make a financial contribution to a ever, he or she may not endorse such a can- political party, partisan political didate in a commercial or program which is group, or to the campaign committee sponsored by the candidate’s campaign com- mittee, a political party, or a partisan polit- of a candidate for partisan political of- ical group. fice. Example 2: An employee may address a po- (b) Subject to the provisions in litical convention or rally but not on behalf, § 734.406, an employee covered under or at the request of, a political party, par- this subpart may make a financial con- tisan political group, or an individual who is tribution to a political action com- running for the nomination or as a candidate mittee through a voluntary allotment for election to partisan political office. made under § 550.311(b) of this chapter Example 3: An employee may print at her if the head of the employee’s agency own expense one thousand fliers which state her personal opinion that a partisan political permits agency employees to make candidate is the best suited for the job. She such allotments to political action may distribute the fliers at a shopping mall committees. on the weekend. However, she may not dis- (c) An employee who is covered under tribute fliers printed by the candidate’s cam- this subpart and is a payroll official in paign committee, a political party, or a par- an agency where employees are per- tisan political group. mitted to make allotments to political Example 4: An employee may place in his or action committees may process the her yard a sign supporting a candidate for completed direct deposit forms for vol- partisan political office. Example 5: An employee may stand outside untary allotments which have been of a political party convention with a home- made to such committees under made sign which states his or her individual § 550.311(b) of this chapter. opinion that one of the candidates for nomi- Example 1: An employee, or a noncareer nation is the best qualified candidate. SES employee who is subject to subpart D of Example 6: An employee, including a career part 734, may attend a political convention SES employee, may wear a button with a or rally solely as a spectator. However, the
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employee and noncareer SES employee may § 734.406 Participation in political ac- not participate in demonstrations or parades tivities while on duty, in uniform, which are sponsored by a political party, a in any room or building occupied in partisan political group, or an individual the discharge of official duties, or who is running for nomination to be a can- using a Federal vehicle; prohibi- didate for partisan political office. tion. Example 2: An employee may attend a po- (a) An employee covered under this litical party’s annual barbecue, but he or she subpart may not participate in polit- may not organize, distribute invitations to, ical activities: or sell tickets to the barbecue. (1) While he or she is on duty; Example 3: An employee who desires to con- tribute to a political action committee (2) While he or she is wearing a uni- through an allotment personally may obtain form, badge, or insignia that identifies blank direct deposit forms from his or her the employing agency or instrumen- payroll office. The employee may not com- tality or the position of the employee; plete the direct deposit form while he or she (3) While he or she is in any room or is on duty, on Federal property, or in a Fed- building occupied in the discharge of erally owned or leased vehicle. The employee official duties by an individual em- also may not personally deliver his or her ployed or holding office in the Govern- completed direct deposit form, or the com- ment of the United States or any agen- pleted direct deposit form of another em- cy or instrumentality thereof; or ployee, to his or her payroll office. However, (4) While using a Government-owned the employee may mail the completed form or leased vehicle or while using a pri- to his or her agency payroll office. vately owned vehicle in the discharge [61 FR 35101, July 5, 1996] of official duties. (b) [Reserved] § 734.405 Campaigning for a spouse or Example 1: An employee who uses his or her family member. privately owned vehicle on a recurrent basis An employee covered under this sub- for official business may place a bumper sticker on the vehicle, as long as he or she part who is the spouse or family mem- covers the bumper sticker while the vehicle ber of either a candidate for partisan is being used for official duties. political office, or a candidate for po- Example 2: An employee who uses his or her litical party office, may appear in pho- privately owned vehicle on official business, tographs of the candidate’s family must cover any partisan political bumper which might appear in a political ad- sticker while the vehicle is being used for of- ficial duties, if the vehicle is clearly identi- vertisement, a broadcast, campaign lit- fied as being on official business. erature, or similar material. A spouse Example 3: An employee or career SES em- or a family member who is covered by ployee who uses his or her privately owned the Hatch Act Reform Amendments vehicle only on an occasional basis to drive also may attend political functions to another Federal agency for a meeting, or to take a training course, if not required to with the candidate. However, the cover a partisan political bumper sticker on spouse or family member may not dis- his or her vehicle. tribute campaign literature or solicit, Example 4: An employee may not place a accept, or receive political contribu- partisan political bumper sticker on any tions. Government owned or Government leased ve- hicle. Example 1: An employee who is the spouse Example 5: An employee may place a bump- of a candidate for partisan political office er sticker on his or her privately owned vehi- may stand in the receiving line and sit at the cle and park the vehicle in a parking lot of head table during a political dinner honoring an agency or instrumentality of the United the spouse. States Government or in a non-Federal facil- Example 2: An employee who is the daugh- ity for which the employee receives a sub- ter of a candidate for partisan political office sidy from his or her employing agency or in- may appear in a family photograph which is strumentality. printed in a campaign flier, but she may not Example 6: An employee, or noncareer SES distribute the flier at a campaign rally. employee who is subject to subpart D of this
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part 734, may not wear partisan political support of or in opposition to a can- buttons or display partisan political pic- didate for partisan political office or tures, signs, stickers, or badges while he or political party office, if such address is she is on duty or at his or her place of work. done in concert with such a candidate, Example 7: An employee who contributes fi- nancially to a political action committee political party, or partisan political through a voluntary allotment made under group. § 550.311(b) of this title may not complete the direct deposit forms while he or she is on § 734.410 Participation in political duty, in a ‘‘room or building’’ defined in fundraising; prohibitions. § 734.101, or in a Federally owned or leased An employee covered under this sub- vehicle. Example 8: An employee who contributes fi- part may not: nancially to a political action committee (a) Solicit, accept, or receive polit- may not personally deliver his or her com- ical contributions; or pleted direct deposit form, or the completed (b) Organize, sell tickets to, promote, direct deposit form of another employee, to or actively participate in a fundraising the payroll employees who would process or activity of a candidate for partisan po- administer such forms. However, the em- litical office or of a political party, or ployee may mail his or her direct deposit form to his or her agency payroll office. partisan political group. [59 FR 48769, Sept. 23, 1994, as amended at 61 § 734.411 Participation in political FR 35102, July 5, 1996] campaigning; prohibitions. § 734.407 Use of official authority; pro- An employee covered under this sub- hibition. part may not: An employee covered under this sub- (a) Take an active part in managing part may not use his or her official au- the political campaign of a candidate thority or influence for the purpose of for partisan political office or a can- interfering with or affecting the result didate for political party office; of an election. (b) Campaign for partisan political office; § 734.408 Participation in political (c) Canvass for votes in support of or management and political cam- in opposition to a candidate for par- paigning; prohibitions. tisan political office or a candidate for An employee covered under this sub- political party office, if such can- part may not take an active part in po- vassing is done in concert with such a litical management or in a political candidate, or of a political party, or campaign, except as permitted by sub- partisan political group; part D of this part. (d) Endorse or oppose a candidate for [61 FR 35102, July 5, 1996] partisan political office or a candidate for political party office in a political § 734.409 Participation in political or- advertisement, broadcast, campaign ganizations; prohibitions. literature, or similar material if such An employee covered under this sub- endorsement or opposition is done in part may not: concert with such a candidate, political (a) Serve as an officer of a political party, or partisan political group; party, a member of a national, State, (e) Initiate or circulate a partisan or local committee of a political party, nominating petition. an officer or member of a committee of a partisan political group, or be a can- § 734.412 Participation in elections; prohibitions. didate for any of these positions; (b) Organize or reorganize a political An employee covered under this sub- party organization or partisan political part may not: group; (a) Be a candidate for partisan polit- (c) Serve as a delegate, alternate, or ical office; proxy to a political party convention; (b) Act as recorder, watcher, chal- and lenger, or similar officer at polling (d) Address a convention, caucus, places in concert with a political party, rally, or similar gathering of a polit- partisan political group, or a candidate ical party or partisan political group in for partisan political office;
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(c) Drive voters to polling places in eign powers or in the nationwide ad- concert with a political party, partisan ministration of Federal laws; political group, or a candidate for par- (b) For the purposes of this subpart, tisan political office. normal duty hours and normal duty post will be determined by the head of [59 FR 48769, Sept. 23, 1994, as amended by 61 FR 35102, July 5, 1996] each agency or instrumentality of the United States or District of Columbia § 734.413 Employees of the Federal Government. Election Commission; prohibitions. (c) An employee described in para- (a) An employee of the Federal Elec- graph (a) of this section may partici- tion Commission may not request or pate, subject to any restrictions that receive from, or give to, an employee, a may be imposed in accordance with Member of Congress, or an officer of a § 734.104, in political activities: uniformed service a political contribu- (1) While he or she is on duty; tion. (2) While he or she is wearing a uni- (b) This section does not cover em- form, badge, or insignia that identifies ployee of the Federal Election Commis- the agency or instrumentality of the sion who are appointed by the Presi- United States Government or the posi- dent by and with the advice and con- tion of the employee; sent of the Senate. (3) While he or she is in any room or building occupied in the discharge of Subpart E—Special Provisions for official duties by an individual em- ployed or holding office in the Govern- Certain Presidential Ap- ment of the United States or any agen- pointees and Employees Paid cy or instrumentality thereof; or from the Appropriation for the (4) While using a Government-owned Executive Office of the Presi- or leased vehicle or while using a pri- dent vately-owned vehicle in the discharge of official duties. § 734.501 Permitted and prohibited ac- (d) An employee, to whom subpart E tivities. of this part does not apply, who is not Except as otherwise specified in this on duty may participate in political ac- part 734, employees who are appointed tivities in rooms of the White House or by the President by and with the ad- the Residence of the Vice President vice and consent of the Senate are sub- which are part of the Residence area or ject to the provisions of subparts B and which are not regularly used solely in C of this part. the discharge of official duties. Example 1: An Inspector General is ap- § 734.502 Participation in political ac- pointed under the Inspector General Act of tivity while on duty, in uniform, in 1978, as amended. According to section 3(c) of any room or building occupied in that Act, he or she does not qualify as an the discharge of official duties, or employee who determines policies to be pur- using a Federal vehicle. sued by the United States in the nationwide (a) This section applies to an em- administration of Federal laws. therefore, he ployee: or she may not participate in political ac- (1) The duties and responsibilities of tivities while on duty, while wearing a uni- form, badge, or insignia that identifies his or whose position continue outside nor- her office or position, while in any room or mal duty hours and while away from building occupied in the discharge of official the normal duty post; and duties, or while using a Government-owned (2) Who is— or leased vehicle or while using a privately- (i) An employee paid from an appro- owned vehicle in the discharge of official du- priation for the Executive Office of ties. President; or Example 2: An employee who is covered by (ii) An employee appointed by the this subpart and wears a uniform as an inci- dent of her office may wear the uniform President by and with the advice and while she is giving a speech at a political consent of the Senate whose position is fundraiser. located within the United States, who Example 3: The head of an executive depart- determines policies to be pursued by ment may hold a partisan political meeting the United States in relations with for- or host a reception which is not a fundraiser
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in his conference room during normal busi- of mixed travel based on the time spent ness hours. on political activities and the time Example 4: An employee accompanies the spent performing official duties. Pro- Secretary of Transportation to a political rating the cost of travel involves deter- party convention as part of the Secretary’s security or administrative detail. The em- mining the ‘‘total activity time’’ which ployee is considered to be on duty while pro- is the amount of time actually spent tecting or performing official duties for the by the employee in meetings, recep- Secretary regardless of the nature of the tions, rallies, and similar activities. function that the Secretary is attending. Time spent in actual travel, private Example 5: An American Ambassador over- study, or rest and recreation is not in- seas obtains authorization from the Depart- cluded in the computation of the ‘‘total ment of State to depart post in order to take activity time’’. The proration of the a vacation away from post. During the pe- cost then is determined based on how riod she is authorized to be on vacation away from post, she is not considered to be on the ‘‘total activity time’’ was spent. duty for the purpose of the Hatch Act Re- The formula is as follows: form Amendments and may engage in any Time spent in official meetings, recep- political activity permitted under the Hatch tions, etc. + Time spent in political Act Reform Amendments of 1993. meetings, receptions, rallies = Total [59 FR 48769, Sept. 23, 1994, as amended at 61 activity time FR 35102, July 5, 1996] Time spent in official activity ÷ Total activity time = Percentage of trip § 734.503 Allocation and reimburse- that is official ment of costs associated with polit- Time spent in political activity ÷ Total ical activities. activity time = Percentage of trip (a) The costs associated with the po- that is political litical activities described in § 733.502(c) The percentage figure that represents of this chapter may not be paid for by the political portion of the trip is then money derived from the Treasury of multiplied by the amount that would the United States. Costs associated be reimbursed to the Government if all with a political activity are deemed of the travel was political. The product not to be paid for by money derived of that calculation represents the from the Treasury of the United States amount to be paid by the political enti- if the Treasury is reimbursed for the ty or organization. costs within a reasonable period of (2) The allocation method must be time. applied to all of the relevant costs of (b) For the purposes of this section, mixed travel. costs associated with a political activ- (3) Expenses that are associated spe- ity do not include any costs that the cifically with a political activity and Government would have or have in- not with any official activity must be curred regardless of whether the activ- treated as political, and expenses asso- ity was political. Examples of such ciated specifically with an official ac- costs are: tivity and not with any political activ- (1) The compensation of the em- ity must be treated as official. ployee described in § 734.502(a); (4) In allocating the costs of travel (2) The value of any office or other other than air travel, the allocation real property owned or leased by the formula should be applied to any Gov- Government; ernment maximum for that type of ex- (3) The compensation and expenses of penditure. any Government employee that is re- (5) The determination of the proper quired in the performance of his or her amount of allocation must be based on duties to accompany or assist the per- the facts and circumstances involved. son engaging in the political activity; (6) In the event that a minor, clearly and incidental percentage of the activity of (4) The cost of special security ar- a mixed trip is devoted to either offi- rangements for the person engaging in cial or political activity, e.g. less than the political activity, including special 3%, the entire trip should be treated as transportation vehicles or methods. if it was wholly of the type represented (c) (1) An employee covered under by the substantial figure. The balance this subpart must apportion the costs should be treated as de minimis and
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need not be reimbursed as political or Subpart F—Employees Who Work charged as official. on An Irregular or Occasional (d) For any cost of a political activ- Basis ity of an employee that is required to be reported to the Federal Election § 734.601 Employees who work on an Commission under the Federal Elec- irregular or occasional basis. tion Campaign Act (FECA) or the Pres- An employee who works on an irreg- idential Election Campaign Fund Act ular or occasional basis or is a special (PECFA), the employee shall use the Government employee as defined in 18 same method of allocation as used U.S.C. 202(a) is subject to the provi- under the FECA or PECFA and regula- sions of the applicable subpart of this tions thereunder in lieu of the alloca- part when he or she is on duty. tion method in paragraph (c) of this Example: An employee appointed to a spe- section. cial commission or task force who does not have a regular tour of duty may run as a par- Example 1: The Secretary, an employee de- tisan political candidate, but may actively scribed by section 7324(b)(2) of title 5 of the campaign only when he or she is not on duty. United States Code, holds a catered political activity (other than a fundraiser) in her of- fice. Her security detail attends the recep- Subpart G—Related Statutes and tion as part of their duty to provide security Executive Orders for her. The Secretary will not be in viola- tion of the Hatch Act Reform Amendments if § 734.701 General. the costs of her office, her compensation, and In addition to the provisions regu- her security detail are not reimbursed to the lating political activity set forth in Treasury. A violation of the Hatch Act subparts A through G of this part, Amendments occurs if Government funds, in- cluding reception or discretionary funds, are there are a number of statutes and Ex- used to cater the political activity, unless ecutive orders that establish standards the Treasury is reimbursed for the cost of to which the political activity of an the catering within a reasonable time. employee, a Federal labor organiza- Example 2: There should be no allocation tion, a Federal employee organization, between official and political funds for a and a multicandidate political com- sound system rented for a single event. mittee must conform. The list set forth Example 3: If on a mixed trip a Government in § 734.702 references some of the more employee is only entitled to $26 per diem for significant of those statutes. It is not food on a wholly official trip and the trip is comprehensive and includes only ref- 50% political and 50% official, the Govern- erences to statutes of general applica- ment share would be 50% of $26, not 50% of bility. the actual amount spent. Example 4: The President is transported by § 734.702 Related statutes and Execu- special motorcade to and from the site of the tive orders. political event. The expense of the motor- (a) The prohibition against offering cade is for special security arrangements. Thus, it would not be a violation of the anything of value in consideration of Hatch Act Reform Amendments if the costs the use or promise of use of influence of the security arrangements, including the to procure appointive office (18 U.S.C. cost of the motorcade, are not reimbursed to 210). the Treasury. (b) The prohibition against solicita- tion or acceptance of anything of value § 734.504 Contributions to political ac- to obtain public office for another (18 tion committees through voluntary U.S.C. 211). payroll allotments prohibited. (c) The prohibition against intimi- An employee described in § 734.502(a) dating, threatening, or coercing voters may not financially contribute to a po- in Federal elections (18 U.S.C. 594). litical action committee through a vol- (d) The prohibition against use of of- untary allotment made under ficial authority to interfere with a Fed- eral election by a person employed in § 550.311(b) of this title. any administrative position by the [61 FR 35102, July 5, 1996] United States in connection with any
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activity financed in whole or in part by CFR 1989 Comp. 215–218) as modified by Federal funds (18 U.S.C. 595). Executive Order 12731 (55 FR 42547– (e) The prohibition against the prom- 42550; 3 CFR 1990 Comp. 306–311). ise of employment, compensation, or benefits from Federal funds in ex- PART 735—EMPLOYEE change for political activity (18 U.S.C. RESPONSIBILITIES AND CONDUCT 600). (f) The prohibition against the depri- NOTE: Part 1001 added to this chapter at 31 vation of or threat of deprivation of FR 873, January 22, 1966 and revised at 32 FR employment in exchange for political 11113, Aug. 1, 1967, 36 FR 6874, Apr. 9, 1971 and contributions (18 U.S.C. 601). 61 FR 36996, July 16, 1996, supplement this (g) The prohibition against soliciting part 735. political contributions (18 U.S.C. 602). (h) The prohibition against making Subpart A—General Provisions certain political contributions (18 Sec. U.S.C. 603). 735.101 Definitions. (i) The prohibition against soliciting 735.102 Disciplinary action. or receiving assessments, subscrip- 735.103 Other regulations pertaining to con- tions, or contributions for political duct. purposes from persons on Federal relief Subpart B—Standards of Conduct or work relief (18 U.S.C. 604). (j) The prohibition against disclosing 735.201 Gambling. and receiving lists or names of persons 735.202 Safeguarding the examination proc- on relief for political purposes (18 ess. U.S.C. 605). 735.203 Conduct prejudicial to the Govern- ment. (k) The prohibition against intimi- dating employees to give or withhold a AUTHORITY: 5 U.S.C. 7301; E.O. 12674, 54 FR political contribution (18 U.S.C. 606). 15159, 3 CFR, 1989 Comp., p. 215, as modified (l) The prohibition against soliciting by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306. political contributions in navy yards, forts, or arsenals (18 U.S.C. 607). SOURCE: 57 FR 56434, Nov. 30, 1992, unless (m) The prohibition against coercing otherwise noted. employees of the Federal Government to engage in, or not to engage in, any Subpart A—General Provisions political activity (18 U.S.C. 610). (n) The prohibition against certain § 735.101 Definitions. personnel practices (5 U.S.C. 2302). In this part: (o) The prohibition against making, Agency means an Executive agency requesting, considering, or accepting (other than the General Accounting Of- political recommendations (5 U.S.C. fice) as defined by 5 U.S.C. 105, the 3303). Postal Service, and the Postal Rate (p) The prohibitions against misuse Commission. of a Government vehicle (31 U.S.C. Employee means any officer or em- 1344). ployee of an agency, including a special (q) The requirements and prohibi- Government employee, but does not in- tions stated in the Federal Election clude a member of the uniformed serv- Campaign Act (2 U.S.C. 431–455). ices. (r) The prohibitions against solic- Special Government employee means a iting for gifts to superiors, giving dona- ‘‘special Government employee,’’ as de- tions for such gifts, and accepting gifts fined in 18 U.S.C. 202, who is employed from employees who receive a lower in the executive branch, but does not rate of pay (5 U.S.C. 7351). include a member of the uniformed (s) The prohibitions against solic- services. iting or accepting things of value from Uniformed services has the meaning specified persons (5 U.S.C. 7353). given that term by 5 U.S.C. 2101(3). (t) The prohibitions and require- ments stated in the Ethics in Govern- § 735.102 Disciplinary action. ment Act of 1978 (5 U.S.C. App.) and Ex- An employee’s violation of any of the ecutive Order 12674 (54 FR 15159–15162; 3 regulations in subpart B of this part
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