[Code of Federal Regulations]
[Title 5, Volume 2, Parts 700 to 1199]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR733]
[Page 34-39]
TITLE 5--ADMINISTRATIVE PERSONNEL
CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
PART 733--POLITICAL ACTIVITY--FEDERAL EMPLOYEES RESIDING IN DESIGNATED LOCALITIES--Table of Contents
Sec.
733.101 Definitions.
733.102 Exclusion of employees in the Criminal Division of the United
States Department of Justice.
733.103 Permitted political activities--employees who reside in
designated localities.
733.104 Prohibited political activities--employees who reside in
designated localities.
733.105 Permitted political activities--employees who reside in
designated localities and are employed in certain agencies and
positions.
733.106 Prohibited political activities--employees who reside in
designated localities and are employed in certain agencies and
positions.
733.107 Designated localities.
Authority: 5 U.S.C. 7325; sec. 308 of Pub. L. 104-93, 109 Stat. 961,
966 (Jan. 6, 1996).
Source: 63 FR 4558, Jan. 30, 1998, unless otherwise noted.
Sec. 733.101 Definitions.
In this part:
Accept means to come into possession of something from a person
officially on behalf of a candidate, a campaign, a political party, or a
partisan political group, but does not include ministerial activities
which precede or follow this official act.
Candidate means an individual who seeks nomination or election to
any elective office whether or not the person is elected. An individual
is deemed to be a candidate if the individual has received political
contributions or made expenditures or has consented to another person
receiving contributions or making expenditures with a view to bringing
about the individual's nomination or election.
Campaign means all acts done by a candidate and his or her adherents
to obtain a majority or plurality of the votes to be cast toward a
nomination or in an election.
Election includes a primary, special, runoff, or general election.
Employee means:
Any individual (other than the President, the Vice President, or a
member
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of the uniformed services) employed or holding office in--
(1) An Executive agency other than the General Accounting Office;
(2) A position within the competitive service which is not in an
Executive agency;
(3) The government of the District of Columbia, other than the Mayor
or a member of the City Council or the Recorder of Deeds; or
(4) The United States Postal Service or the Postal Rate Commission.
On Duty means the period when an employee is:
(1) In a pay status other than paid leave, compensatory time off,
credit hours, time off as an incentive award, or excused or authorized
absence (including leave without pay); or
(2) Representing any agency or instrumentality of the United States
Government or any agency or instrumentality of the District of Columbia
Government in an official capacity.
Partisan when used as an adjective means related to a political
party.
Partisan political group means any committee, club, or other
organization which is affiliated with a political party or candidate for
public office in a partisan election, or organized for a partisan
purpose, or which engages in partisan political activity.
Partisan political office means any office for which any candidate
is nominated or elected as representing a party any of whose candidates
for Presidential elector received votes in the last preceding election
at which Presidential electors were selected, but does not include any
office or position within a political party or affiliated organization.
Person means an individual; a State, local, or foreign government;
or a corporation and the subsidiaries it controls, company, association,
firm, partnership, society, joint stock company, or any other
organization or institution, including any officer, employee, or agent
of such person or entity.
Political activity means an activity directed toward the success or
failure of a political party, candidate for partisan political office,
or partisan political group.
Political contribution means any gift, subscription, loan, advance,
or deposit of money or anything of value, made for any political
purpose.
(1) A political contribution includes:
(i) Any contract, promise, or agreement, express or implied, whether
or not legally enforceable, to make a contribution for any political
purpose;
(ii) Any payment by any person, other than a candidate or a
political party or affiliated organization, of compensation for the
personal services of another person which are rendered to any candidate
or political party or affiliated organization without charge for any
political purpose; and
(iii) The provision of personal services, paid or unpaid, for any
political purpose.
(2) A political contribution does not include the value of services
provided without compensation by any individual who volunteers on behalf
of any candidate, campaign, political party, or partisan political
group.
Political management means the direction or supervision of a
partisan political group or campaign for partisan political office.
Political party means a national political party, a State political
party, or an affiliated organization.
Political purpose means an objective of promoting or opposing a
political party, candidate for partisan political office, or partisan
political group.
Receive means to come into possession of something from a person
officially on behalf of a candidate, a campaign, a political party, or a
partisan political group, but does not include ministerial activities
which precede or follow this official act.
Room or building occupied in the discharge of official duties by an
individual employed or holding office in the Government of the United
States or any agency thereof includes, but is not limited to:
(1) Any Federally owned space (including, but not limited to,
``public buildings'' as defined in 40 U.S.C. 612(1)) or Federally leased
space in which Federal employees perform official duties on a regular
basis;
(2) Public areas as defined in 40 U.S.C. 490(a)(17) and 41 CFR 101-
20.003 of buildings under the custody and control of the General
Services Administration.
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(3) A room or building occupied in the discharge of official duties
by an individual employed or holding office in the Government of the
United States or any agency thereof does not include rooms in the White
House, or in the residence of the Vice President, which are part of the
Residence area or which are not regularly used solely in the discharge
of official duties.
Solicit means to request expressly of another person that he or she
contribute something to a candidate, a campaign, a political party, or
partisan political group.
Subordinate refers to the relationship between two employees when
one employee is under the supervisory authority, control or
administrative direction of the other employee.
Uniformed services means uniformed services as defined in 5 U.S.C.
2101(3).
Sec. 733.102 Exclusion of employees in the Criminal Division of the
United States Department of Justice.
Employees in the Criminal Division in the Department of Justice
(except employees appointed by the President, by and with the advice and
consent of the Senate) specifically are excluded from coverage under the
provisions of this part.
Sec. 733.103 Permitted political activities--employees who reside in
designated localities.
(a) This section does not apply to an individual who is employed in
an agency or position described in Sec. 733.105(a), unless that
individual has been appointed by the President, by and with the advice
and consent of the Senate.
(b) Employees who reside in a municipality or political subdivision
designated by OPM under Sec. 733.107 may:
(1) Run as independent candidates for election to partisan political
office in elections for local office in the municipality or political
subdivision;
(2) Solicit, accept, or receive a political contribution as, or on
behalf of, an independent candidate for partisan political office in
elections for local office in the municipality or political subdivision;
(3) Accept or receive a political contribution on behalf of an
individual who is a candidate for local partisan political office and
who represents a political party;
(4) Solicit, accept, or receive uncompensated volunteer services as
an independent candidate, or on behalf of an independent candidate, for
local partisan political office, in connection with the local elections
of the municipality or subdivision; and
(5) Solicit, accept, or receive uncompensated volunteer services on
behalf of an individual who is a candidate for local partisan political
office and who represents a political party.
Sec. 733.104 Prohibited political activities--employees who reside in
designated localities.
(a) This section does not apply to an individual who is employed in
an agency or position described in Sec. 733.105(a), unless that
individual has been appointed by the President, by and with the advice
and consent of the Senate.
(b) Employees who reside in a municipality or political subdivision
designated by OPM under Sec. 733.107 may not:
(1) Run as the representative of a political party for local
partisan political office;
(2) Solicit a political contribution on behalf of an individual who
is a candidate for local partisan political office and who represents a
political party;
(3) Knowingly solicit a political contribution from any Federal
employee, except as permitted under 5 U.S.C. 7323(a)(2)(A)-(C).
(4) Accept or receive a political contribution from a subordinate;
or
(5) Solicit, accept, or receive uncompensated volunteer services
from a subordinate for any political purpose.
(c) An employee covered under this section may not participate in
political activities:
(1) While he or she is on duty:
(2) While he or she is wearing a uniform, badge, or insignia that
identifies the employing agency or instrumentality or the position of
the employee;
(3) While he or she is in any room or building occupied in the
discharge of official duties by an individual employed or holding office
in the Government of the United States or any agency or instrumentality
thereof; or
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(4) While using a Government-owned or leased vehicle or while using
a privately owned vehicle in the discharge of official duties.
(d) An employee described in 5 U.S.C. 7324(b)(2) may participate in
political activity otherwise prohibited by Sec. 733.104(c) if the costs
associated with that political activity are not paid for by money
derived from the Treasury of the United States.
(e) Candidacy for, and service in, a partisan political office shall
not result in neglect of, or interference with, the performance of the
duties of the employee or create a conflict, or apparent conflict, of
interest.
Sec. 733.105 Permitted political activities--employees who reside in
designated localities and are employed in certain agencies and
positions.
(a) This section applies to employees who reside in designated
localities and are employed in the following agencies or positions:
(1) Federal Election Commission;
(2) Federal Bureau of Investigation;
(3) United States Secret Service;
(4) Central Intelligence Agency;
(5) National Security Council;
(6) National Security Agency;
(7) Defense Intelligence Agency;
(8) Merit Systems Protection Board;
(9) United States Office of Special Counsel;
(10) Office of Criminal Investigation of the Internal Revenue
Service;
(11) Office of Investigative Programs of the United States Customs
Service;
(12) Office of Law Enforcement of the Bureau of Alcohol, Tobacco,
and Firearms;
(13) National Imagery and Mapping Agency;
(14) Career Appointees in the Senior Executive Service;
(15) Administrative Law Judges; and
(16) Contract appeals board members described in 5 U.S.C. 5372a.
(b) This section does not apply to individuals who have been
appointed by the President by and with the advice and consent of the
Senate, even though they are employed in the agencies and positions
described in paragraph (a) of this section.
(c) Employees who are covered under this section and who reside in a
municipality or political subdivision designated by OPM under
Sec. 733.107 may:
(1) Run as independent candidates for election to partisan political
office in elections for local office in the municipality or political
subdivision;
(2) Solicit, accept, or receive a political contribution as, or on
behalf of, an independent candidate for partisan political office in
elections for local office in the municipality or political subdivision;
(3) Solicit, accept, or receive uncompensated volunteer services as,
or on behalf of, an independent candidate for partisan political office
in elections for office in the municipality or subdivision; and
(4) Take an active part in other political activities associated
with elections for local partisan political office and in managing the
campaigns of candidates for election to local partisan political office
in the municipality or political subdivision, but only as an independent
candidate or on behalf of, or in opposition to, an independent
candidate.
Sec. 733.106 Prohibited political activities--employees who reside
designated localities and are employed in certain agencies and
positions.
(a) This section does not apply to individuals who have been
appointed by the President, by and with the advice and consent of the
Senate, even though they are employed in the agencies and positions
described in Sec. 733.105(a).
(b) Employees who are employed in the agencies and positions
described in Sec. 733.105(a), and who reside in a municipality or
political subdivision designated by OPM under Sec. 733.107, may not:
(1) Run as the representative of a political party for local
partisan political office;
(2) Solicit, accept, or receive a political contribution on behalf
of an individual who is a candidate for local partisan political office
and who represents a political party;
(3) Knowingly solicit a political contribution from any Federal
employee;
(4) Accept or receive a political contribution from a subordinate;
(5) Solicit, accept, or receive uncompensated volunteer services on
behalf of an individual who is a candidate for
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local partisan political office and who represents a political party;
(6) Solicit, accept, or receive uncompensated volunteer services
from a subordinate for any political purpose; or
(7) Take an active part in other political activities associated
with elections for local partisan political office, when such
participation occurs on behalf of a political party, partisan political
group, or a candidate for local partisan political office who represents
a political party.
(c) An employee covered under this section may not participate in
political activities:
(1) While he or she is on duty:
(2) While he or she is wearing a uniform, badge, or insignia that
identifies the employing agency or instrumentality or the position of
the employee;
(3) While he or she is in any room or building occupied in the
discharge of official duties by an individual employed or holding office
in the Government of the United States or any agency or instrumentality
thereof; or
(4) While using a Government-owned or leased vehicle or while using
a privately owned vehicle in the discharge of official duties.
(d) Candidacy for, and service in, or partisan political office
shall not result in neglect of, or interference with, the performance of
the duties of the employee or create a conflict, or apparent conflict,
of interest.
Sec. 733.107 Designated localities.
(a) OPM may designate a municipality or political subdivision in
Maryland or Virginia and in the immediate vicinity of the District of
Columbia, or a municipality in which the majority of voters are employed
by the Government of the United States, when OPM determines that,
because of special or unusual circumstances, it is in the domestic
interest of employees to participate in local elections.
(b) Information as to the documentation required to support a
request for designation is furnished by the General Counsel of OPM on
request.
(c) The following municipalities and political subdivisions have
been designated, effective on the day specified:
In Maryland
Annapolis (May 16, 1941).
Anne Arundel County (March 14, 1973).
Berwyn Heights (June 15, 1944).
Bethesda (Feb. 17, 1943).
Bladensburg (April 20, 1942).
Bowie (April 11, 1952).
Brentwood (Sept. 26, 1940).
Calvert County (June 18, 1992).
Capitol Heights (Nov. 12, 1940).
Cheverly (Dec. 18, 1940).
Chevy Chase, section 3 (Oct. 8, 1940).
Chevy Chase, section 4 (Oct. 2, 1940).
Chevy Chase View (Feb. 26, 1941).
Chevy Chase Village, Town of (March 4, 1941).
College Park (June 13, 1945).
Cottage City (Jan. 15, 1941).
District Heights (Nov. 2, 1940).
Edmonston (Oct. 24, 1940).
Fairmont Heights (Oct. 24, 1940).
Forest Heights (April 22, 1949).
Frederick County (May 31, 1991).
Garrett Park (Oct. 2, 1940).
Glenarden (May 21, 1941).
Glen Echo (Oct. 22, 1940).
Greenbelt (Oct. 4, 1940).
Howard County (April 25, 1974).
Hyattsville (Sept. 20, 1940).
Kensington (Nov. 8, 1940).
Landover Hills (May 5, 1945).
Martin's Additions, Village of (Feb. 13, 1941).
Montgomery County (April 30, 1964).
Morningside (May 19, 1949).
Mount Rainier (Nov. 22, 1940).
New Carrollton (July 7, 1981).
North Beach (Sept. 20, 1940).
North Brentwood (May 6, 1941).
North Chevy Chase (July 22, 1942).
Northwest Park (Feb. 17, 1943).
Prince George's County (June 19, 1962).
Riverdale (Sept. 26, 1940).
Rockville (April 15, 1948).
St. Mary's County (March 2, 1998).
Seat Pleasant (Aug. 31, 1942).
Somerset (Nov. 22, 1940).
Takoma Park (Oct. 22, 1940).
University Park (Jan. 18, 1941).
Washington Grove (April 5, 1941).
In Virginia
Alexandria (April 15, 1941).
Arlington County (Sept. 9, 1940).
Clifton (July 14, 1941).
Fairfax, City of (Feb. 9, 1954).
Fairfax County (Nov. 10, 1949).
Falls Church (June 6, 1941).
Herndon (April 7, 1945).
Loudoun County (Oct. 1, 1971).
Manassas (Jan. 8, 1980).
Manassas Park (March 4, 1980).
Portsmouth (Feb. 27, 1958).
Prince William County (Feb. 14, 1967).
Spotsylvania County (March 2, 1998).
Stafford County (Nov. 2, 1979).
Vienna (March 18, 1946).
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Other Municipalities
Anchorage, Alaska (Dec. 29, 1947).
Benicia, Calif. (Feb. 20, 1948).
Bremerton, Wash. (Feb. 27, 1946).
Centerville, Ga. (Sept. 16, 1971).
Crane, Ind. (Aug. 3, 1967).
Elmer City, Wash. (Oct. 28, 1947).
Huachuca City, Ariz. (April 9, 1959).
New Johnsonville, Tenn. (April 26, 1956).
Norris, Tenn. (May 6, 1959).
Port Orchard, Wash. (Feb. 27, 1946).
Sierra Vista, Ariz. (Oct. 5, 1955).
Warner Robins, Ga. (March 19, 1948).