[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: 5CFR734]
[Page 39-55]
TITLE 5--ADMINISTRATIVE PERSONNEL
CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
PART 734--POLITICAL ACTIVITIES OF FEDERAL EMPLOYEES
Subpart A--General Provisions
Sec.
734.101 Definitions.
734.102 Jurisdiction.
734.103 Multicandidate political committees of Federal labor
organizations and Federal employee organizations.
734.104 Restriction of political activity.
Subpart B--Permitted Activities
734.201 Exclusion from coverage.
734.202 Permitted activities.
734.203 Participation in nonpartisan activities.
734.204 Participation in political organizations.
734.205 Participation in political campaigns.
734.206 Participation in elections.
734.207 Candidacy for public office.
734.208 Participation in fundraising.
Subpart C--Prohibited Activities
734.301 Exclusion from coverage.
734.302 Use of official authority; prohibition.
734.303 Fundraising.
734.304 Candidacy for public office.
734.305 Soliciting or discouraging the political participation of
certain persons.
734.306 Participation in political activities while on duty, in
uniform, in any room or building occupied in the discharge of
official duties, or using a Federal vehicle.
734.307 Campaigning for a spouse or family member.
Subpart D--Employees in Certain Agencies and Positions
734.401 Coverage.
734.402 Expression of an employee's individual opinion.
734.403 Participation in elections.
734.404 Participation in political organizations.
734.405 Campaigning for a spouse or family member.
734.406 Participation in political activities while on duty, in
uniform, in any room or building occupied in the discharge of
official duties, or using a Federal vehicle; prohibition.
734.407 Use of official authority; prohibition.
734.408 Participation in political management and political
campaigning; prohibitions.
734.409 Participation in political organizations; prohibitions.
734.410 Participation in political fundraising; prohibitions.
734.411 Participation in political campaigning; prohibitions.
734.412 Participation in elections; prohibitions.
734.413 Employees of the Federal Election Commission; prohibitions.
Subpart E--Special Provisions for Certain Presidential Appointees and
Employees Paid From the Appropriation for the Executive Office of the
President
734.501 Permitted and prohibited activities.
734.502 Participation in political activity while on duty, in uniform,
in any room or building occupied in the discharge of official
duties, or using a Federal vehicle.
734.503 Allocation and reimbursement of costs associated with political
activities.
734.504 Contributions to political action committees through voluntary
payroll allotments prohibited.
Subpart F--Employees Who Work on an Irregular or Occasional Basis
734.601 Employees who work on an irregular or occasional basis.
Subpart G--Related Statutes and Executive Orders
734.701 General.
734.702 Related statutes and Executive orders.
Authority: 5 U.S.C. 1103, 1104, 7325; Reorganization Plan No. 2 of
1978, 92 Stat. 3783, 3 CFR 1978 Comp. p. 323; and E.O. 12107, 3 CFR 1978
Comp. p. 264.
Source: 59 FR 48769, Sept. 23, 1994, unless otherwise noted.
Subpart A--General Provisions
Sec. 734.101 Definitions.
For the purposes of this part:
Accept means to come into possession of something from a person
officially
[[Page 40]]
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, Vice
President, or a member 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.
Employing office shall have the meaning given by the head of each
agency or instrumentality of the United States Government or District of
Columbia Government covered by this part. Each agency or instrumentality
shall provide notice identifying the appropriate employing offices
within it through internal agency notice procedures.
Federal employee organization means any lawful nonprofit
organization, association, society, or club composed of Federal
employees.
Federal labor organization means an organization defined in 5 U.S.C.
7103(a)(4).
Multicandidate political committee means an organization defined in
2 U.S.C. 441a(a)(4).
Nonpartisan election means--
(1) An election in which none of the candidates is to be nominated
or elected as representing a political party any of whose candidates for
Presidential elector received votes in the last preceding election at
which Presidential electors were selected; or
(2) An election involving a question or issue which is not
specifically identified with a political party, such as a constitutional
amendment, referendum, approval of a municipal ordinance, or any
question or issue of a similar character.
Occasional means occurring infrequently, at irregular intervals, and
according to no fixed or certain scheme; acting or serving for the
occasion or only on particular occasions.
Office means the U.S. Office of Personnel Management.
On Duty means the time 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 subsidiaries it controls, company, association,
firm, partnership, society, joint stock company, or any other
organization or institution,
[[Page 41]]
including any officer, employee, or agent of such person or entity.
Political Action Committee means any committee, association, or
organization (whether or not incorporated) which accepts contributions
or makes expenditures for the purpose of influencing, or attempting to
influence, the nomination or election of one or more individuals to
Federal, State, or local elective public office.
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.
(a) A political contribution includes:
(1) Any contract, promise, or agreement, express or implied, whether
or not legally enforceable, to make a contribution for any political
purpose;
(2) 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
(3) The provision of personal services, paid or unpaid, for any
political purpose.
(b) 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.
Recurrent means occurring frequently, or periodically on a regular
basis.
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.
(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).
[59 FR 48769, Sept. 23, 1994, as amended at 61 FR 35099, July 5, 1996]
Sec. 734.102 Jurisdiction.
(a) The United States Office of Special Counsel has exclusive
authority to investigate allegations of political activity prohibited by
the Hatch Act Reform Amendments of 1993, as implemented by 5 CFR part
734, prosecute alleged violations before the United States Merit Systems
Protection Board, and render advisory opinions concerning the
applicability of 5 CFR part 734 to the political activity of Federal
employees and employees of the
[[Page 42]]
District of Columbia government. (5 U.S.C. 1212 and 1216. Advice
concerning the Hatch Act Reform Amendments may be requested from the
Office of Special Counsel:
(1) By letter addressed to the Office of Special Counsel at 1730 M
Street NW., Suite 300, Washington, DC 20036, or
(2) By telephone on (202) 653-7188, or (1-800) 854-2824.
(b) The Merit Systems Protection Board has exclusive authority to
determine whether a violation of the Hatch Act Reform Amendments of
1993, as implemented by 5 CFR part 734, has occurred and to impose a
minimum penalty of suspension for 30 days and a maximum penalty of
removal for violation of the political activity restrictions regulated
by this part. (5 U.S.C. 1204 and 7326).
(c) The Office of Personnel Management is authorized to issue
regulations describing the political activities which are permitted and
prohibited under the Hatch Act Reform Amendments 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 E.O. 12107, 3 CFR 1978 Comp. p. 264.)
[59 FR 48769, Sept. 23, 1994, as amended at 61 FR 35100, July 5, 1996]
Sec. 734.103 Multicandidate political committees of Federal labor
organizations and Federal employee organizations.
(a) In order to qualify under this part, each multicandidate
political committee of a Federal labor organization must provide to the
Office the following:
(1) Information verifying that the multicandidate political
committee is a multicandidate political committee as defined by 2 U.S.C.
441a(a)(4);
(2) Information identifying the Federal labor organization to which
the multicandidate political committee is connected; and
(3) Information that identifies the Federal labor organization as a
labor organization defined at 5 U.S.C. 7103(4).
(b) In order to qualify under this part, each multicandidate
political committee of a Federal employee organization must provide to
the Office the following:
(1) Information verifying that the multicandidate political
committee is a multicandidate political committee as defined in 2 U.S.C.
441a(a)(4);
(2) Information identifying the Federal employee organization to
which the multicandidate political committee is connected; and
(3) Information indicating that the multicandidate political
committee was in existence as of October 6, 1993.
Sec. 734.104 Restriction of political activity.
No further proscriptions or restrictions may be imposed upon
employees covered under this regulation except:
(a) Employees who are appointed by the President by and with the
advice and consent of the Senate;
(b) Employees who are appointed by the President;
(c) Non-career senior executive service members;
(d) Schedule C employees, 5 CFR 213.3301, 213.3302; and
(e) Any other employees who serve at the pleasure of the President.
Subpart B--Permitted Activities
Sec. 734.201 Exclusion from coverage.
This subpart does not apply to employees in the agencies and
positions described in subpart D of this part.
Sec. 734.202 Permitted activities.
Employees may take an active part in political activities, including
political management and political campaigns, to the extent not
expressly prohibited by law and this part.
Sec. 734.203 Participation in nonpartisan activities.
An employee may:
(a) Express his or her opinion privately and publicly on political
subjects;
(b) Be politically active in connection with a question which is not
specifically identified with a political party, such as a constitutional
amendment, referendum, approval of a municipal ordinance or any other
question or issue of a similar character;
(c) Participate in the nonpartisan activities of a civic, community,
social,
[[Page 43]]
labor, or professional organization, or of a similar organization; and
(d) Participate fully in public affairs, except as prohibited by
other Federal law, in a manner which does not compromise his or her
efficiency or integrity as an employee or the neutrality, efficiency, or
integrity of the agency or instrumentality of the United States
Government or the District of Columbia Government in which he or she is
employed.
Example 1: An employee may participate, including holding office,
in any nonpartisan group. Such participation may include fundraising as
long as the fundraising is not in any way connected with any partisan
political issue, group, or candidate, and as long as the fundraising
complies with part 2635 of this title as well as any other directives
that may apply, e.g., the Federal Property Management Regulations in 41
CFR chapter 101.
Example 2: An employee, individually or collectively with other
employees, may petition or provide information to Congress as provided
in 5 U.S.C. 7211.
[59 FR 48769, Sept. 23, 1994, as amended at 61 FR 35100, July 5, 1996]
Sec. 734.204 Participation in political organizations.
An employee may:
(a) Be a member of a political party or other political group and
participate in its activities;
(b) Serve as an officer of a political party or other political
group, a member of a national, State, or local committee of a political
party, an officer or member of a committee of a political group, or be a
candidate for any of these positions;
(c) Attend and participate fully in the business of nominating
caucuses of political parties;
(d) Organize or reorganize a political party organization or
political group; and
(e) Participate in a political convention, rally, or other political
gathering.
(f) Serve as a delegate, alternate, or proxy to a political party
convention.
Example 1: An employee of the Department of Education may serve as a
delegate, alternate, or proxy to a State or national party convention.
Example 2: A noncareer member of the Senior Executive Service, or
other employee covered under this subpart, may serve as a vice-president
of a political action committee, as long as the duties of the office do
not involve personal solicitation, acceptance, or receipt of political
contributions. Ministerial activities which precede or follow the
official acceptance and receipt, such as handling, disbursing, or
accounting for contributions are not covered under the definitions of
accept and receive in Sec. 734.101. Sections 734.208 and 734.303
describe in detail permitted and prohibited activities which are related
to fundraising.
Example 3: An employee of the Federal Communications Commission may
make motions or place a name in nomination at a nominating caucus.
Example 4: An employee of the Department of the Interior may serve
as an officer of a candidate's campaign committee as long as he does not
personally solicit, accept, or receive political contributions. Sections
734.208 and 734.303 of this part describe in detail permitted and
prohibited activities which are related to fundraising.
[59 FR 48769, Sept. 23, 1994, as amended at 61 FR 35100, July 5, 1996]
Sec. 734.205 Participation in political campaigns.
Subject to the prohibitions in Sec. 734.306, an employee may:
(a) Display pictures, signs, stickers, badges, or buttons associated
with political parties, candidates for partisan political office, or
partisan political groups, as long as these items are displayed in
accordance with the provisions of Sec. 734.306 of subpart C of this
part;
(b) Initiate or circulate a nominating petition for a candidate for
partisan political office;
(c) Canvass for votes in support of or in opposition to a partisan
political candidate or a candidate for political party office;
(d) Endorse or oppose a partisan political candidate or a candidate
for political party office in a political advertisement, broadcast,
campaign literature, or similar material;
(e) Address a convention, caucus, rally, or similar gathering of a
political party or political group in support of or in opposition to a
partisan political candidate or a candidate for political party office;
and
(f) Take an active part in managing the political campaign of a
partisan political candidate or a candidate for political party office.
Example 1: An employee of the Environmental Protection Agency may
broadcast
[[Page 44]]
endorsements for a partisan political candidate via a public address
system attached to his or her private automobile.
Example 2: An employee of the Department of Interior may canvass
voters by telephone on behalf of a political party or partisan political
candidate.
Example 3: An employee of the Department of Agriculture may stand
outside of polling places on election day and hand out brochures on
behalf of a partisan political candidate or political party.
Example 4: An employee may appear in a television or radio broadcast
which endorses a partisan political candidate and is sponsored by the
candidate's campaign committee, a political party, or a partisan
political group.
Example 5: An independent contractor is not covered by this part and
may display a political button while performing the duties for which he
or she is contracted.
Example 6: An employee of the Department of Commerce who is on
official travel may take annual leave in the morning to give an address
at a breakfast for a candidate for partisan political office.
Example 7: An employee may manage the political campaign of a
candidate for public office including supervising paid and unpaid
campaign workers.
Example 8: While not on duty, a Federal employee may distribute
campaign leaflets by hand to homes or parked cars even though the
leaflet may contain information concerning where to send contributions
among other factual material about a partisan political candidate.
However, should a member of the public stop the employee and request
further information about contributions, the employee should refer that
request to another campaign worker who is not a Federal employee.
Example 9: An employee may place in his or her front yard a sign or
banner supporting a partisan political candidate.
[59 FR 48769, Sept. 23, 1994, as amended at 61 FR 35100, July 5, 1996]
Sec. 734.206 Participation in elections.
An employee may:
(a) Register and vote in any election;
(b) Act as recorder, watcher, challenger, or similar officer at
polling places;
(c) Serve as an election judge or clerk, or in a similar position;
and
(d) Drive voters to polling places for a partisan political
candidate, partisan political group, or political party.
Example: An employee may drive voters to polling places in a
privately owned vehicle, but not in a Government-owned or leased
vehicle.
Sec. 734.207 Candidacy for public office.
An employee may:
(a) Run as an independent candidate in a partisan election covered
by 5 CFR part 733; and
(b) Run as a candidate in a nonpartisan election.
Example 1: An employee who is a candidate for public office in a
nonpartisan election is not barred by the Hatch Act from soliciting,
accepting, or receiving political contributions for his or her own
campaign; however, such solicitation, acceptance, or receipt must comply
with part 2635 of this title as well as any other directives that may
apply, e.g., The Federal Property Management Regulations in 41 CFR
chapter 101.
Sec. 734.208 Participation in fundraising.
(a) An employee may make a political contribution to a political
party, political group, campaign committee of a candidate for public
office in a partisan election and multicandidate political committee of
a Federal labor or Federal employee organization.
(b) Subject to the prohibitions stated in section 734.303, an
employee may--
(1) Attend a political fundraiser;
(2) Accept and receive political contributions in a partisan
election described in 5 CFR part 733;
(3) Solicit, accept, or receive uncompensated volunteer services
from any individual; and
(4) Solicit, accept, or receive political contributions, as long as:
(i) The person who is solicited for a political contribution belongs
to the same Federal labor organization, or Federal employee
organization, as the employee who solicits, accepts, or receives the
contribution;
(ii) The person who is solicited for a political contribution is not
a subordinate employee; and
(iii) The request is for a contribution to the multicandidate
political committee of a Federal labor organization or to the
multicandidate political committee of a Federal employee organization in
existence on October 6, 1993.
(c) Subject to the provisions of Sec. 734.306, an employee may make
a financial contribution to a political action committee through a
voluntary allotment made under Sec. 550.311(b) of this chapter, if the
head of the employee's agency permits agency employees
[[Page 45]]
to make such allotments to political action committees.
(d) An employee who is covered under this subpart and is a payroll
official in an agency where employees are permitted to make allotments
to political action committees may process the completed direct deposit
forms for voluntary allotments which have been made to such committees
under section 550.311(b) of this title.
Example 1: An GS-12 employee of the Department of Treasury who
belongs to the same Federal employee organization as a GS-5 employee of
the Department of Treasury may solicit a contribution for the
multicandidate political committee when she is not on duty as long as
the GS-5 employee is not under the supervisory authority of the GS-12
employee.
Example 2: An employee of the National Park Service may give a
speech or keynote address at a political fundraiser when he is not on
duty, as long as the employee does not solicit political contributions,
as prohibited in Sec. 734.303(b) of this part.
Example 3: An employee's name may appear on an invitation to a
political fundraiser as a guest speaker as long as the reference in no
way suggests that the employee solicits or encourages contributions, as
prohibited in Sec. 734.303 of this part and described in example 2
thereunder. However, the employee's official title may not appear on
invitations to any political fundraiser, except that an employee who is
ordinarily addressed using a general term of address, such as ``The
Honorable,'' may use or permit the use of that term of address for such
purposes.
Example 4: When an employee of the Department of Transportation is
not on duty, he or she may engage in activities which do not require
personal solicitations of contributions, such as organizing mail or
phone solicitations for political contributions. Activities such as
stuffing envelopes with requests for political contributions also are
permitted. However, he or she may not sign the solicitation letter
unless the solicitation is for the contribution of uncompensated
volunteer services of individuals who are not subordinate employees. An
employee may not knowingly send to his or her subordinate employees a
letter soliciting the contribution of their uncompensated services.
However, he or she may sign a letter that solicits contributions of
uncompensated volunteer services as part of a general mass mailing that
might reach a subordinate employee, as long as the mass mailing is not
specifically targeted to his or her subordinate employees.
Example 5: An employee who is not on duty may participate in a phone
bank soliciting the uncompensated services of individuals. However, an
employee may not make phone solicitations for political contributions
even anonymously.
Example 6: An employee of the Department of Agriculture who is on
official travel and is not in a pay status nor officially representing
the Department may write invitations in his hotel room to a meet-the-
candidate reception which he plans to hold in his home.
Example 7: An employee may serve as an officer or chairperson of a
political fundraising organization or committee as long as he or she
does not personally solicit, accept, or receive political contributions.
For example, the employee may organize or manage fundraising activities
as long as he or she does not violate the above prohibition.
Example 8: The head of a cabinet-level department may contribute one
of her worn-out cowboy boots to the campaign committee of a Senatorial
candidate to be auctioned off in a fundraising raffle for the benefit of
the candidate's campaign.
Example 9: An employee may help organize a fundraiser including
supplying names for the invitation list as long as he or she does not
personally solicit, accept, or receive contributions.
Example 10 An employee on travel may engage in political activity
when he or she is not on duty without taking annual leave.
Example 11: A Federal employee may solicit, accept, or receive the
uncompensated volunteer services of any individual, except a subordinate
employee, to work on behalf of a partisan political candidate or
organization. However, such solicitation, acceptance, or receipt must
comply with part 2635 of this title as well as any other directives that
may apply, e.g., the Federal Property Management Regulations in 41 CFR
chapter 101. Further, Federal employees are subject to criminal anti-
coercion provisions found at 18 U.S.C. 610.
Example 12: An employee who desires to make a financial contribution
to a political action committee through a voluntary allotment personally
may obtain blank direct deposit forms from his or her payroll office.
However, he or she may not complete the form while he or she is on duty,
on Federal property, or in a Federally owned or leased vehicle.
Moreover, he or she may not personally deliver his or her completed
form, or the completed form of another employee, to the payroll office.
However, the employee may mail his or her direct deposit form to his or
her agency payroll office.
Example 13: Employees who are permitted to solicit, accept, or
receive political contributions under the circumstances described in
Sec. 734.208(b)(4) may not solicit, accept, or receive such
contributions either while they
[[Page 46]]
are on duty, or while they are on Federal premises, or both.
[59 FR 48769, Sept. 23, 1994, as amended at 61 FR 35100, July 5, 1996]
Subpart C--Prohibited Activities
Sec. 734.301 Exclusion from coverage.
This subpart does not apply to employees in the agencies and
positions described in subpart D of this part.
Sec. 734.302 Use of official authority; prohibition.
(a) An employee may not use his or her official authority or
influence for the purpose of interfering with or affecting the result of
an election.
(b) Activities prohibited by paragraph (a) of this section include,
but are not limited to:
(1) Using his or her official title while participating in political
activity;
(2) Using his or her authority to coerce any person to participate
in political activity; and
(3) Soliciting, accepting, or receiving uncompensated individual
volunteer services from a subordinate for any political purpose.
Example 1: An employee who signs a letter seeking uncompensated
volunteer services from individuals may not identify himself or herself
by using his or her official title. However, the employee may use a
general form of address, such as ``The Honorable.''
Example 2: A noncareer member of the Senior Executive Service, or
another employee covered by this subpart, may not ask his or her
subordinate employees to provide uncompensated individual volunteer
services for a political party, partisan political group, or candidate
for partisan political office. Moreover, he or she may not accept or
receive such services from a subordinate employee who offers to donate
them.
Example 3: An employee may not require any person to contribute to a
partisan political campaign in order to win a Federal contract:
[61 FR 35100, July 5, 1996]
Sec. 734.303 Fundraising.
An employee may not knowingly:
(a) Personally solicit, accept or receive a political contribution
from another person, except under the circumstances specified in
Sec. 734.208(b);
(b) Personally solicit political contributions in a speech or
keynote address given at a fundraiser;
(c) Allow his or her official title to be used in connection with
fundraising activities; or
(d) Solicit, accept, or receive uncompensated volunteer services
from an individual who is a subordinate.
Example 1: An employee may not host a fundraiser at his or her home.
However, a spouse who is not covered under this part may host such a
fundraiser and the employee may attend. The employee may not personally
solicit contributions to the fundraiser. Moreover, the employee may not
accept, or receive political contributions, except under the
circumstances stated in Sec. 734.208(b).
Example 2: An employee's name may not appear on an invitation to a
fundraiser as a sponsor of the fundraiser, or as a point of contact for
the fundraiser.
Example 3: An employee may not ask a subordinate employee to
volunteer on behalf of a partisan political campaign.
Example 4: An employee may not call the personnel office of a
business or corporation and request that the corporation or business
provide volunteers or services for a campaign. However, an employee may
call an individual who works for a business or corporation and request
that specific individual's services for a campaign.
Sec. 734.304 Candidacy for public office.
An employee may not run for the nomination or as a candidate for
election to partisan political office, except as specified in
Sec. 734.207.
Sec. 734.305 Soliciting or discouraging the political participation of
certain persons.
(a) An employee may not knowingly solicit or discourage the
participation in any political activity of any person who has an
application for any compensation grant, contract, ruling, license,
permit, or certificate pending before the employee's employing office.
(b) An employee may not knowingly solicit or discourage the
participation in any political activity of any person who is the subject
of, or a participant in, an ongoing audit, investigation, or enforcement
action being carried out by the employee's employing office.
(c) Each agency or instrumentality of the United States or District
of Columbia Government shall determine when a matter is pending and
ongoing within employing offices of the agency or instrumentality for
the purposes of this part.
[[Page 47]]
Example 1: An employee with agency-wide responsibility may address a
large, diverse group to seek support for a partisan political candidate
as long as the group has not been specifically targeted as having
matters before the employing office.
Example 2: An employee of the Federal Deposit Insurance Corporation
(FDIC) may not solicit or discourage the participation of an insured
financial institution or its employees if the institution is undergoing
examination by the FDIC.
Example 3: An employee of the Food and Drug Administration may
address a banquet for a partisan political candidate which is sponsored
by the candidate's campaign committee, even though the audience includes
three individuals who are employed by or are officials of a
pharmaceutical company. However, she may not deliver the address if the
banquet is sponsored by a lobbying group for pharmaceutical companies,
of if she knows that the audience will be composed primarily of
employees or officials of such companies.
Sec. 734.306 Participation in political activities while on duty, in
uniform, in any room or building occupied in the discharge of
official duties, or using a Federal vehicle.
(a) An employee may not participate in political activities subject
to the provisions of subpart E of this part:
(1) While he or she is on duty;
(2) While he or she is wearing a uniform, badge, insignia, or other
similar item 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.
(b) The prohibitions in paragraph (a) of this section do not apply
to employees covered under subpart E of this part.
Example 1: While on leave without pay, an employee is not subject to
the prohibition in Sec. 734.306(a)(1) because he or she is not on duty.
However, while on leave without pay, the employee remains subject to the
other prohibitions in subpart C.
Example 2: A Postal Service employee who uses her private vehicle to
deliver mail may place a political bumper sticker on the vehicle, as
long as she covers the bumper sticker while she is on duty.
Example 3: An employee who uses his or her privately owned vehicle
on a recurrent basis for official business may place a partisan
political bumper sticker on the vehicle, as long as he or she covers the
bumper sticker while the vehicle is being used for official duties.
Example 4: An employee who uses his or her privately owned vehicle
on official business, must cover any partisan political bumper sticker
while the vehicle is being used for official duties, if the vehicle is
clearly identified as being on official business.
Example 5: A noncareer member of the Senior Executive Service, or
any other employee covered by this subpart, who uses his or her
privately owned vehicle only on an occasional basis to drive to another
Federal agency for a meeting, or to take a training course, is not
required to cover a partisan political bumper sticker on his or her
vehicle.
Example 6: An employee may not place a partisan political bumper
sticker on any Government owned or Government leased vehicle.
Example 7: An employee may place a bumper sticker on his or her
privately owned vehicle and park his or her vehicle in a parking lot of
an agency or instrumentality of the United States Government or in a
non-Federal facility for which the employee receives a subsidy from his
or her employing agency or instrumentality.
Example 8: When an agency or instrumentality of the United States
Government leases offices in a commercial building and that building
includes the headquarters of a candidate for partisan political office,
an employee of that agency or instrumentality may do volunteer work,
when he or she is not on duty, at the candidate's headquarters and in
other areas of the building that have not been leased by the Government.
Example 9: A Government agency or instrumentality leases all of the
space in a commercial building; employees may not participate in
political activity in the public areas of the leased building.
Example 10: An employee of the National Aeronautics and Space
Administration (NASA) may not engage in political activities while
wearing a NASA flight patch, NASA twenty-year pin or anything with an
official NASA insignia.
Example 11: If a political event begins while an employee is on duty
and continues into the time when he or she is not on duty, the employee
must wait until he or she is not on duty to attend the event.
Alternatively, an employee may request annual leave to attend the
political event when it begins.
Example 12: Officials of labor organizations who have been given
official time to perform representational duties are on duty.
[[Page 48]]
Example 13: An employee may stuff envelopes for a mailing on behalf
of a candidate for partisan political office while the employee is
sitting in the park during his or her lunch period if he or she is not
considered to be on duty during his or her lunch period.
Example 14: An employee who works at home may engage in political
activities at home when he or she is not in a pay status or representing
the Government in an official capacity.
Example 15: An employee who is appointed by the President by and
with the advice and consent of the Senate (PAS) may attend a political
event with an non-PAS employee whose official duties do not require
accompanying the PAS as long as the non-PAS employee is not on duty.
Example 16: A noncareer member of the Senior Executive Service, or
any other employee covered by this subpart, may not wear partisan
political buttons or display partisan political pictures, signs,
stickers, or badges while he or she is on duty or at his or her place of
work.
Example 17: An employee may not engage in political activity in the
cafeteria of a Federal building, even if the cafeteria is in space
leased by a contractor.
Example 18: An employee who contributes financially to a political
action committee through a voluntary allotment made under
Sec. 550.311(b) of this title may not complete the direct deposit forms
while he or she is on duty, in a ``room or building'' defined in
Sec. 734.101 or in a Federally owned or leased vehicle.
Example 19: An employee who contributes financially to a political
action committee through a voluntary allotment may not personally
deliver his or her completed direct deposit form, or the completed
direct deposit form of another employee, to the payroll employees who
would process or administer such forms. However, the employee may mail
his or her direct deposit form to his or her agency payroll office.
[59 FR 48769, Sept. 23, 1994, as amended at 61 FR 35101, July 5, 1996]
Sec. 734.307 Campaigning for a spouse or family member.
An employee covered under this subpart who is the spouse or family
member of either a candidate for partisan political office, candidate
for political party office, or candidate for public office in a
nonpartisan election, is subject to the same prohibitions as other
employees covered under this subpart.
Example 1: An employee who is married to a candidate for partisan
political office may attend a fundraiser for his or her spouse, stand in
the receiving line, sit at the head table, and urge others to vote for
his or her spouse. However, the employee may not personally solicit,
accept, or receive contributions of money or the paid or unpaid services
of a business or corporation, or sell or collect money for tickets to
the fundraiser.
Example 2: An employee who is the daughter of a candidate for
partisan political office may appear in a family photograph which is
printed in a campaign flier. She may distribute fliers at a campaign
rally as long as she does not personally solicit contributions.
Example 3: An employee who is married to a candidate for political
partisan political office may appear with her spouse in a political
advertisement or a broadcast, and urge others to vote for her spouse, as
long as the employee does not personally solicit political
contributions.
[59 FR 48769, Sept. 23, 1994, as amended at 61 FR 35101, July 5, 1996]
Subpart D--Employees in Certain Agencies and Positions
Sec. 734.401 Coverage.
(a) This subpart applies to employees in the following agencies and
positions:
(1) The Federal Election Commission;
(2) The Federal Bureau of Investigation;
(3) The Secret Service;
(4) The Central Intelligence Agency;
(5) The National Security Council;
(6) The National Security Agency;
(7) The Defense Intelligence Agency;
(8) The Merit Systems Protection Board;
(9) The Office of Special Counsel;
(10) The Office of Criminal Investigation of the Internal Revenue
Service.
(11) The Office of Investigative Programs of the United States
Customs Service;
(12) The Office of Law Enforcement of the Bureau of Alcohol,
Tobacco, and Firearms;
(13) The Criminal Division of the Department of Justice;
(14) The Central Imagery Office;
(15) Career Senior Executive Service positions described in 5 U.S.C.
3132(a)(4);
(16) Administrative Law Judge positions described in 5 U.S.C. 5372;
(17) Contract Appeals Board Member positions described in 5 U.S.C.
5372a.
(b) Employees appointed by the President by and with the advice and
consent of the Senate in the agencies and positions described in
paragraph
[[Page 49]]
(a) of this section are excluded from coverage under this subpart.
(c) All employees covered under this subpart are free to engage in
political activity to the widest extent consistent with the restrictions
imposed by law and this subpart.
[59 FR 48769, Sept. 23, 1994, as amended at 61 FR 35101, July 5, 1996]
Sec. 734.402 Expression of an employee's individual opinion.
Each employee covered under this subpart retains the right to
participate in any of the following political activities, as long as
such activity is not performed in concert with a political party,
partisan political group, or a candidate for partisan political office:
(a) Express his or her opinion as an individual privately and
publicly on political subjects and candidates;
(b) Display a political picture, sign, sticker, badge, or button, as
long as these items are displayed in accordance with the provisions of
Sec. 734.406;
(c) Sign a political petition as an individual;
(d) Be politically active in connection with a question which is not
specifically identified with a political party, such as a constitutional
amendment, referendum, approval of a municipal ordinance, or any other
question or issue of a similar character; and
(e) Otherwise participate fully in public affairs, except as
prohibited by other Federal law, in a manner which does not compromise
his or her efficiency or integrity as an employee or the neutrality,
efficiency, or integrity of the agency or instrumentality of the United
States Government in which he or she is employed.
Example 1: An employee may purchase air time on a radio or
television station to endorse a partisan political candidate. However,
he or she may not endorse such a candidate in a commercial or program
which is sponsored by the candidate's campaign committee, a political
party, or a partisan political group.
Example 2: An employee may address a political convention or rally
but not on behalf, or at the request of, a political party, partisan
political group, or an individual who is running for the nomination or
as a candidate for election to partisan political office.
Example 3: An employee may print at her own expense one thousand
fliers which state her personal opinion that a partisan political
candidate is the best suited for the job. She may distribute the fliers
at a shopping mall on the weekend. However, she may not distribute
fliers printed by the candidate's campaign committee, a political party,
or a partisan political group.
Example 4: An employee may place in his or her yard a sign
supporting a candidate for partisan political office.
Example 5: An employee may stand outside of a political party
convention with a homemade sign which states his or her individual
opinion that one of the candidates for nomination is the best qualified
candidate.
Example 6: An employee, including a career SES employee, may wear a
button with a partisan political theme when the employee is not on duty
or at his or her place of work.
[59 FR 48769, Sept. 23, 1994, as amended at 61 FR 35101, July 5, 1996]
Sec. 734.403 Participation in elections.
Each employee covered under this subpart retains the right to:
(a) Register and vote in any election;
(b) Take an active part, as a candidate or in support of a
candidate, in a nonpartisan election; and
(c) Serve as an election judge or clerk, or in a similar position,
to perform nonpartisan duties as prescribed by State or local law.
Sec. 734.404 Participation in political organizations.
(a) Each employee covered under this subpart retains the right to:
(1) Participate in the nonpartisan activities of a civic, community,
social, labor, or professional organization, or of a similar
organization;
(2) Be a member of a political party or other partisan political
group and participate in its activities to the extent consistent with
other Federal law;
(3) Attend a political convention, rally, fund-raising function, or
other political gathering; and
(4) Make a financial contribution to a political party, partisan
political group, or to the campaign committee of a candidate for
partisan political office.
(b) Subject to the provisions in Sec. 734.406, an employee covered
under this subpart may make a financial contribution to a political
action committee through a voluntary allotment made under
Sec. 550.311(b) of this chapter if the head of the employee's agency
permits agency employees to make
[[Page 50]]
such allotments to political action committees.
(c) An employee who is covered under this subpart and is a payroll
official in an agency where employees are permitted to make allotments
to political action committees may process the completed direct deposit
forms for voluntary allotments which have been made to such committees
under Sec. 550.311(b) of this chapter.
Example 1: An employee, or a noncareer SES employee who is subject
to subpart D of part 734, may attend a political convention or rally
solely as a spectator. However, the employee and noncareer SES employee
may not participate in demonstrations or parades which are sponsored by
a political party, a partisan political group, or an individual who is
running for nomination to be a candidate for partisan political office.
Example 2: An employee may attend a political party's annual
barbecue, but he or she may not organize, distribute invitations to, or
sell tickets to the barbecue.
Example 3: An employee who desires to contribute to a political
action committee through an allotment personally may obtain blank direct
deposit forms from his or her payroll office. The employee may not
complete the direct deposit form while he or she is on duty, on Federal
property, or in a Federally owned or leased vehicle. The employee also
may not personally deliver his or her completed direct deposit form, or
the completed direct deposit form of another employee, to his or her
payroll office. However, the employee may mail the completed form to his
or her agency payroll office.
[61 FR 35101, July 5, 1996]
Sec. 734.405 Campaigning for a spouse or family member.
An employee covered under this subpart who is the spouse or family
member of either a candidate for partisan political office, or a
candidate for political party office, may appear in photographs of the
candidate's family which might appear in a political advertisement, a
broadcast, campaign literature, or similar material. A spouse or a
family member who is covered by the Hatch Act Reform Amendments also may
attend political functions with the candidate. However, the spouse or
family member may not distribute campaign literature or solicit, accept,
or receive political contributions.
Example 1: An employee who is the spouse of a candidate for partisan
political office may stand in the receiving line and sit at the head
table during a political dinner honoring the spouse.
Example 2: An employee who is the daughter of a candidate for
partisan political office may appear in a family photograph which is
printed in a campaign flier, but she may not distribute the flier at a
campaign rally.
Sec. 734.406 Participation in political activities while on duty, in
uniform, in any room or building occupied in the discharge of
official duties, or using a Federal vehicle; prohibition.
(a) An employee covered under this subpart 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.
(b) [Reserved]
Example 1: An employee who uses his or her privately owned vehicle
on a recurrent basis for official business may place a bumper sticker on
the vehicle, as long as he or she covers the bumper sticker while the
vehicle is being used for official duties.
Example 2: An employee who uses his or her privately owned vehicle
on official business, must cover any partisan political bumper sticker
while the vehicle is being used for official duties, if the vehicle is
clearly identified as being on official business.
Example 3: An employee or career SES employee who uses his or her
privately owned vehicle only on an occasional basis to drive to another
Federal agency for a meeting, or to take a training course, if not
required to cover a partisan political bumper sticker on his or her
vehicle.
Example 4: An employee may not place a partisan political bumper
sticker on any Government owned or Government leased vehicle.
Example 5: An employee may place a bumper sticker on his or her
privately owned vehicle and park the vehicle in a parking lot of an
agency or instrumentality of the United
[[Page 51]]
States Government or in a non-Federal facility for which the employee
receives a subsidy from his or her employing agency or instrumentality.
Example 6: An employee, or noncareer SES employee who is subject to
subpart D of this part 734, may not wear partisan political buttons or
display partisan political pictures, signs, stickers, or badges while he
or she is on duty or at his or her place of work.
Example 7: An employee who contributes financially to a political
action committee through a voluntary allotment made under
Sec. 550.311(b) of this title may not complete the direct deposit forms
while he or she is on duty, in a ``room or building'' defined in
Sec. 734.101, or in a Federally owned or leased vehicle.
Example 8: An employee who contributes financially to a political
action committee may not personally deliver his or her completed direct
deposit form, or the completed direct deposit form of another employee,
to the payroll employees who would process or administer such forms.
However, the employee may mail his or her direct deposit form to his or
her agency payroll office.
[59 FR 48769, Sept. 23, 1994, as amended at 61 FR 35102, July 5, 1996]
Sec. 734.407 Use of official authority; prohibition.
An employee covered under this subpart may not use his or her
official authority or influence for the purpose of interfering with or
affecting the result of an election.
Sec. 734.408 Participation in political management and political
campaigning; prohibitions.
An employee covered under this subpart may not take an active part
in political management or in a political campaign, except as permitted
by subpart D of this part.
[61 FR 35102, July 5, 1996]
Sec. 734.409 Participation in political organizations; prohibitions.
An employee covered under this subpart may not:
(a) Serve as an officer of a political party, a member of a
national, State, or local committee of a political party, an officer or
member of a committee of a partisan political group, or be a candidate
for any of these positions;
(b) Organize or reorganize a political party organization or
partisan political group;
(c) Serve as a delegate, alternate, or proxy to a political party
convention; and
(d) Address a convention, caucus, rally, or similar gathering of a
political party or partisan political group in support of or in
opposition to a candidate for partisan political office or political
party office, if such address is done in concert with such a candidate,
political party, or partisan political group.
Sec. 734.410 Participation in political fundraising; prohibitions.
An employee covered under this subpart may not:
(a) Solicit, accept, or receive political contributions; or
(b) Organize, sell tickets to, promote, or actively participate in a
fundraising activity of a candidate for partisan political office or of
a political party, or partisan political group.
Sec. 734.411 Participation in political campaigning; prohibitions.
An employee covered under this subpart may not:
(a) Take an active part in managing the political campaign of a
candidate for partisan political office or a candidate for political
party office;
(b) Campaign for partisan political office;
(c) Canvass for votes in support of or in opposition to a candidate
for partisan political office or a candidate for political party office,
if such canvassing is done in concert with such a candidate, or of a
political party, or partisan political group;
(d) Endorse or oppose a candidate for partisan political office or a
candidate for political party office in a political advertisement,
broadcast, campaign literature, or similar material if such endorsement
or opposition is done in concert with such a candidate, political party,
or partisan political group;
(e) Initiate or circulate a partisan nominating petition.
Sec. 734.412 Participation in elections; prohibitions.
An employee covered under this subpart may not:
(a) Be a candidate for partisan political office;
[[Page 52]]
(b) Act as recorder, watcher, challenger, or similar officer at
polling places in concert with a political party, partisan political
group, or a candidate for partisan political office;
(c) Drive voters to polling places in concert with a political
party, partisan political group, or a candidate for partisan political
office.
[59 FR 48769, Sept. 23, 1994, as amended by 61 FR 35102, July 5, 1996]
Sec. 734.413 Employees of the Federal Election Commission;
prohibitions.
(a) An employee of the Federal Election Commission may not request
or receive from, or give to, an employee, a Member of Congress, or an
officer of a uniformed service a political contribution.
(b) This section does not cover employee of the Federal Election
Commission who are appointed by the President by and with the advice and
consent of the Senate.
Subpart E--Special Provisions for Certain Presidential Appointees and
Employees Paid from the Appropriation for the Executive Office of the
President
Sec. 734.501 Permitted and prohibited activities.
Except as otherwise specified in this part 734, employees who are
appointed by the President by and with the advice and consent of the
Senate are subject to the provisions of subparts B and C of this part.
Sec. 734.502 Participation in political activity while on duty, in
uniform, in any room or building occupied in the discharge of
official duties, or using a Federal vehicle.
(a) This section applies to an employee:
(1) The duties and responsibilities of whose position continue
outside normal duty hours and while away from the normal duty post; and
(2) Who is--
(i) An employee paid from an appropriation for the Executive Office
of President; or
(ii) An employee appointed by the President by and with the advice
and consent of the Senate whose position is located within the United
States, who determines policies to be pursued by the United States in
relations with foreign powers or in the nationwide administration of
Federal laws;
(b) For the purposes of this subpart, normal duty hours and normal
duty post will be determined by the head of each agency or
instrumentality of the United States or District of Columbia Government.
(c) An employee described in paragraph (a) of this section may
participate, subject to any restrictions that may be imposed in
accordance with Sec. 734.104, 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 agency or instrumentality of the United States Government
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) An employee, to whom subpart E of this part does not apply, who
is not on duty may participate in political activities in rooms of the
White House or 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.
Example 1: An Inspector General is appointed under the Inspector
General Act of 1978, as amended. According to section 3(c) of that Act,
he or she does not qualify as an employee who determines policies to be
pursued by the United States in the nationwide administration of Federal
laws. therefore, he or she may not participate in political activities
while on duty, while wearing a uniform, badge, or insignia that
identifies his or her office or position, while in any room or building
occupied in the discharge of official duties, or while using a
Government-owned or leased vehicle or while using a privately-owned
vehicle in the discharge of official duties.
[[Page 53]]
Example 2: An employee who is covered by this subpart and wears a
uniform as an incident of her office may wear the uniform while she is
giving a speech at a political fundraiser.
Example 3: The head of an executive department may hold a partisan
political meeting or host a reception which is not a fundraiser in his
conference room during normal business hours.
Example 4: An employee accompanies the Secretary of Transportation
to a political party convention as part of the Secretary's security or
administrative detail. The employee is considered to be on duty while
protecting or performing official duties for the Secretary regardless of
the nature of the function that the Secretary is attending.
Example 5: An American Ambassador overseas obtains authorization
from the Department of State to depart post in order to take a vacation
away from post. During the period she is authorized to be on vacation
away from post, she is not considered to be on duty for the purpose of
the Hatch Act Reform Amendments and may engage in any political activity
permitted under the Hatch Act Reform Amendments of 1993.
[59 FR 48769, Sept. 23, 1994, as amended at 61 FR 35102, July 5, 1996]
Sec. 734.503 Allocation and reimbursement of costs associated with
political activities.
(a) The costs associated with the political activities described in
Sec. 733.502(c) of this chapter may not be paid for by money derived
from the Treasury of the United States. Costs associated with a
political activity are deemed not to be paid for by money derived from
the Treasury of the United States if the Treasury is reimbursed for the
costs within a reasonable period of time.
(b) For the purposes of this section, costs associated with a
political activity do not include any costs that the Government would
have or have incurred regardless of whether the activity was political.
Examples of such costs are:
(1) The compensation of the employee described in Sec. 734.502(a);
(2) The value of any office or other real property owned or leased
by the Government;
(3) The compensation and expenses of any Government employee that is
required in the performance of his or her duties to accompany or assist
the person engaging in the political activity; and
(4) The cost of special security arrangements for the person
engaging in the political activity, including special transportation
vehicles or methods.
(c) (1) An employee covered under this subpart must apportion the
costs of mixed travel based on the time spent on political activities
and the time spent performing official duties. Prorating the cost of
travel involves determining the ``total activity time'' which is the
amount of time actually spent by the employee in meetings, receptions,
rallies, and similar activities. Time spent in actual travel, private
study, or rest and recreation is not included in the computation of the
``total activity time''. The proration of the cost then is determined
based on how the ``total activity time'' was spent. The formula is as
follows:
Time spent in official meetings, receptions, etc. + Time spent in
political meetings, receptions, rallies = Total activity time
Time spent in official activity <divide> Total activity time =
Percentage of trip that is official
Time spent in political activity <divide> Total activity time =
Percentage of trip that is political
The percentage figure that represents the political portion of the trip
is then multiplied by the amount that would be reimbursed to the
Government if all of the travel was political. The product of that
calculation represents the amount to be paid by the political entity or
organization.
(2) The allocation method must be applied to all of the relevant
costs of mixed travel.
(3) Expenses that are associated specifically with a political
activity and not with any official activity must be treated as
political, and expenses associated specifically with an official
activity and not with any political activity must be treated as
official.
(4) In allocating the costs of travel other than air travel, the
allocation formula should be applied to any Government maximum for that
type of expenditure.
(5) The determination of the proper amount of allocation must be
based on the facts and circumstances involved.
[[Page 54]]
(6) In the event that a minor, clearly incidental percentage of the
activity of a mixed trip is devoted to either official or political
activity, e.g. less than 3%, the entire trip should be treated as if it
was wholly of the type represented by the substantial figure. The
balance should be treated as de minimis and need not be reimbursed as
political or charged as official.
(d) For any cost of a political activity of an employee that is
required to be reported to the Federal Election Commission under the
Federal Election Campaign Act (FECA) or the Presidential Election
Campaign Fund Act (PECFA), the employee shall use the same method of
allocation as used under the FECA or PECFA and regulations thereunder in
lieu of the allocation method in paragraph (c) of this section.
Example 1: The Secretary, an employee described by section
7324(b)(2) of title 5 of the United States Code, holds a catered
political activity (other than a fundraiser) in her office. Her security
detail attends the reception as part of their duty to provide security
for her. The Secretary will not be in violation of the Hatch Act Reform
Amendments if the costs of her office, her compensation, and her
security detail are not reimbursed to the Treasury. A violation of the
Hatch Act Amendments occurs if Government funds, including reception or
discretionary funds, are used to cater the political activity, unless
the Treasury is reimbursed for the cost of the catering within a
reasonable time.
Example 2: There should be no allocation between official and
political funds for a sound system rented for a single event.
Example 3: If on a mixed trip a Government employee is only entitled
to $26 per diem for food on a wholly official trip and the trip is 50%
political and 50% official, the Government share would be 50% of $26,
not 50% of the actual amount spent.
Example 4: The President is transported by special motorcade to and
from the site of the political event. The expense of the motorcade is
for special security arrangements. Thus, it would not be a violation of
the Hatch Act Reform Amendments if the costs of the security
arrangements, including the cost of the motorcade, are not reimbursed to
the Treasury.
Sec. 734.504 Contributions to political action committees through
voluntary payroll allotments prohibited.
An employee described in Sec. 734.502(a) may not financially
contribute to a political action committee through a voluntary allotment
made under Sec. 550.311(b) of this title.
[61 FR 35102, July 5, 1996]
Subpart F--Employees Who Work on An Irregular or Occasional Basis
Sec. 734.601 Employees who work on an irregular or occasional basis.
An employee who works on an irregular or occasional basis or is a
special Government employee as defined in 18 U.S.C. 202(a) is subject to
the provisions of the applicable subpart of this part when he or she is
on duty.
Example: An employee appointed to a special commission or task force
who does not have a regular tour of duty may run as a partisan political
candidate, but may actively campaign only when he or she is not on duty.
Subpart G--Related Statutes and Executive Orders
Sec. 734.701 General.
In addition to the provisions regulating political activity set
forth in subparts A through G of this part, there are a number of
statutes and Executive orders that establish standards to which the
political activity of an employee, a Federal labor organization, a
Federal employee organization, and a multicandidate political committee
must conform. The list set forth in Sec. 734.702 references some of the
more significant of those statutes. It is not comprehensive and includes
only references to statutes of general applicability.
Sec. 734.702 Related statutes and Executive orders.
(a) The prohibition against offering anything of value in
consideration of the use or promise of use of influence to procure
appointive office (18 U.S.C. 210).
(b) The prohibition against solicitation or acceptance of anything
of value to obtain public office for another (18 U.S.C. 211).
(c) The prohibition against intimidating, threatening, or coercing
voters in Federal elections (18 U.S.C. 594).
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(d) The prohibition against use of official authority to interfere
with a Federal election by a person employed in any administrative
position by the United States in connection with any activity financed
in whole or in part by Federal funds (18 U.S.C. 595).
(e) The prohibition against the promise of employment, compensation,
or benefits from Federal funds in exchange for political activity (18
U.S.C. 600).
(f) The prohibition against the deprivation of or threat of
deprivation of employment in exchange for political contributions (18
U.S.C. 601).
(g) The prohibition against soliciting political contributions (18
U.S.C. 602).
(h) The prohibition against making certain political contributions
(18 U.S.C. 603).
(i) The prohibition against soliciting or receiving assessments,
subscriptions, or contributions for political purposes from persons on
Federal relief or work relief (18 U.S.C. 604).
(j) The prohibition against disclosing and receiving lists or names
of persons on relief for political purposes (18 U.S.C. 605).
(k) The prohibition against intimidating employees to give or
withhold a political contribution (18 U.S.C. 606).
(l) The prohibition against soliciting political contributions in
navy yards, forts, or arsenals (18 U.S.C. 607).
(m) The prohibition against coercing employees of the Federal
Government to engage in, or not to engage in, any political activity (18
U.S.C. 610).
(n) The prohibition against certain personnel practices (5 U.S.C.
2302).
(o) The prohibition against making, requesting, considering, or
accepting political recommendations (5 U.S.C. 3303).
(p) The prohibitions against misuse of a Government vehicle (31
U.S.C. 1344).
(q) The requirements and prohibitions stated in the Federal Election
Campaign Act (2 U.S.C. 431-455).
(r) The prohibitions against soliciting for gifts to superiors,
giving donations for such gifts, and accepting gifts from employees who
receive a lower rate of pay (5 U.S.C. 7351).
(s) The prohibitions against soliciting or accepting things of value
from specified persons (5 U.S.C. 7353).
(t) The prohibitions and requirements stated in the Ethics in
Government Act of 1978 (5 U.S.C. App.) and Executive Order 12674 (54 FR
15159-15162; 3 CFR 1989 Comp. 215-218) as modified by Executive Order
12731 (55 FR 42547-42550; 3 CFR 1990 Comp. 306-311).