\[Code of Federal Regulations\]

\[Title 5, Volume 2\]

\[Revised as of January 1, 2002\]

From the U.S. Government Printing Office via GPO Access

\[CITE: 5CFR734\]

\[Page 36-52\]

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 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

\[\[Page 37\]\]

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, 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.

\[\[Page 38\]\]

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 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.

\[\[Page 39\]\]

\(b\) 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, 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.

\[\[Page 40\]\]

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 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

\[\[Page 41\]\]

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 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

\[\[Page 42\]\]

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 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.

\[\[Page 43\]\]

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.

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

\[\[Page 44\]\]

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.

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

\[\[Page 45\]\]

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 (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

\[\[Page 46\]\]

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 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

\[\[Page 47\]\]

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 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

\[\[Page 48\]\]

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;

\(b\) 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;

\[\[Page 49\]\]

\(c\) 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.

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

\[\[Page 50\]\]

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.

\(6\) 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

\[\[Page 51\]\]

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).

\(d\) 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

\[\[Page 52\]\]

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).