40 

Pt. 733 5 CFR Ch. I (1–1–19 Edition) 

another department or agency of the 

Government. 

(b) Action by OPM. (1) OPM shall determine, and will notify the former employee, after appropriate consideration 

of the case, including such investigation as it considers necessary, whether 

the individual may be employed in another department or agency of the Government. 

(2) If a former Federal employee 

found ineligible under this section has 

had an opportunity to comment on the 

reasons for the action, or has furnished 

them to OPM or to the former employing agency, OPM may cancel the reinstatement eligibility if the eligibility 

resulted from the last Federal employment and was obtained through fraud, 

and OPM may prescribe a period of debarment not to exceed 3 years. 

PART 733—POLITICAL ACTIVITY— 

FEDERAL EMPLOYEES RESIDING 

IN DESIGNATED LOCALITIES 

Sec. 

733.101 Definitions. 

733.102 Exclusion of employees in the Criminal Division and National Security Division of the United States Department of 

Justice. 

733.103 Permitted political activities—employees who reside in designated localities. 

733.104 Prohibited political activities—employees who reside in designated localities. 

733.105 Permitted political activities—employees who reside in designated localities and are employed in certain agencies and positions. 

733.106 Prohibited political activities—employees who reside in designated localities and are employed in certain agencies and positions. 

733.107 Designated localities. 

AUTHORITY: 5 U.S.C. 7325.d. 

SOURCE: 63 FR 4558, Jan. 30, 1998, unless 

otherwise noted. 

§ 733.101 Definitions. 

In this part: 

Accept means to come into possession 

of something from a person officially 

on behalf of a candidate, a campaign, a 

political party, or a partisan political 

group, but does not include ministerial 

activities which precede or follow this 

official act. 

Candidate means an individual who 

seeks nomination or election to any 

elective office whether or not the person is elected. An individual is deemed 

to be a candidate if the individual has 

received political contributions or 

made expenditures or has consented to 

another person receiving contributions 

or making expenditures with a view to 

bringing about the individual’s nomination or election. 

Campaign means all acts done by a 

candidate and his or her adherents to 

obtain a majority or plurality of the 

votes to be cast toward a nomination 

or in an election. 

Election includes a primary, special, 

runoff, or general election. 

Employee means: 

Any individual (other than the President, the Vice President, or a member 

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; or 

(3) The United States Postal Service 

or the Postal Rate Commission. 

On Duty means the period when an 

employee is: 

(1) In a pay status other than paid 

leave, compensatory time off, credit 

hours, time off as an incentive award, 

or excused or authorized absence (including leave without pay); or 

(2) Representing any agency or instrumentality of the United States 

Government 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. 

41 

Office of Personnel Management § 733.103 

Person means an individual; a State, 

local, or foreign government; or a corporation and the subsidiaries it controls, company, association, firm, partnership, society, joint stock company, 

or any other organization or institution, including any officer, employee, 

or agent of such person or entity. 

Political activity means an activity directed toward the success or failure of 

a political party, candidate for partisan political office, or partisan political group. 

Political contribution means any gift, 

subscription, loan, advance, or deposit 

of money or anything of value, made 

for any political purpose. 

(1) A political contribution includes: 

(i) Any contract, promise, or agreement, express or implied, whether or 

not legally enforceable, to make a contribution for any political purpose; 

(ii) Any payment by any person, 

other than a candidate or a political 

party or affiliated organization, of 

compensation for the personal services 

of another person which are rendered 

to any candidate or political party or 

affiliated organization without charge 

for any political purpose; and 

(iii) The provision of personal services, paid or unpaid, for any political 

purpose. 

(2) A political contribution does not 

include the value of services provided 

without compensation by any individual who volunteers on behalf of any 

candidate, campaign, political party, 

or partisan political group. 

Political management means the direction or supervision of a partisan political group or campaign for partisan political office. 

Political party means a national political party, a State political party, or 

an affiliated organization. 

Political purpose means an objective 

of promoting or opposing a political 

party, candidate for partisan political 

office, or partisan political group. 

Receive means to come into possession of something from a person officially on behalf of a candidate, a campaign, a political party, or a partisan 

political group, but does not include 

ministerial activities which precede or 

follow this official act. 

Room or building occupied in the discharge of official duties by an individual 

employed or holding office in the Government of the United States or any agency 

thereof includes, but is not limited to: 

(1) Any Federally owned space (including, but not limited to, ‘‘public 

buildings’’ as defined in 40 U.S.C. 612(1)) 

or Federally leased space in which Federal employees perform official duties 

on a regular basis; 

(2) Public areas as defined in 40 

U.S.C. 490(a)(17) and 41 CFR 101–20.003 

of buildings under the custody and control of the General Services Administration. 

(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). 

[63 FR 4558, Jan. 30, 1998, as amended at 79 

FR 25485, May 5, 2014] 

§ 733.102 Exclusion of employees in 

the Criminal Division and National 

Security Division of the United 

States Department of Justice. 

Employees in the Criminal Division 

and National Security Division in the 

Department of Justice (except employees appointed by the President by and 

with the advice and consent of the Senate) specifically are excluded from coverage under the provisions of this part. 

[79 FR 25485, May 5, 2014] 

§ 733.103 Permitted political activities—employees who reside in designated localities. 

(a) This section does not apply to an 

individual who is employed in an agency or position described in §733.105(a), 

42 

§ 733.104 5 CFR Ch. I (1–1–19 Edition) 

unless that individual has been appointed by the President, by and with 

the advice and consent of the Senate. 

(b) Employees who reside in a municipality or political subdivision designated by OPM under §733.107 may: 

(1) Run as independent candidates for 

election to partisan political office in 

elections for local office in the municipality or political subdivision; 

(2) Solicit, accept, or receive a political contribution as, or on behalf of, an 

independent candidate for partisan political office in elections for local office in the municipality or political 

subdivision; 

(3) Accept or receive a political contribution on behalf of an individual 

who is a candidate for local partisan 

political office and who represents a 

political party; 

(4) Solicit, accept, or receive uncompensated volunteer services as an independent candidate, or on behalf of an 

independent candidate, for local partisan political office, in connection 

with the local elections of the municipality or subdivision; and 

(5) Solicit, accept, or receive uncompensated volunteer services on behalf 

of an individual who is a candidate for 

local partisan political office and who 

represents a political party. 

§ 733.104 Prohibited political activities—employees who reside in designated localities. 

(a) This section does not apply to an 

individual who is employed in an agency or position described in §733.105(a), 

unless that individual has been appointed by the President, by and with 

the advice and consent of the Senate. 

(b) Employees who reside in a municipality or political subdivision designated by OPM under §733.107 may 

not: 

(1) Run as the representative of a political party for local partisan political 

office; 

(2) Solicit a political contribution on 

behalf of an individual who is a candidate for local partisan political office 

and who represents a political party; 

(3) Knowingly solicit a political contribution from any Federal employee, 

except as permitted under 5 U.S.C. 

7323(a)(2)(A)–(C). 

(4) Accept or receive a political contribution from a subordinate; or 

(5) Solicit, accept, or receive uncompensated volunteer services from a subordinate for any political purpose. 

(c) An employee covered under this 

section may not participate in political 

activities: 

(1) While he or she is on duty: 

(2) While he or she is wearing a uniform, badge, or insignia that identifies 

the employing agency or instrumentality or the position of the employee; 

(3) While he or she is in any room or 

building occupied in the discharge of 

official duties by an individual employed or holding office in the Government of the United States or any agency or instrumentality thereof; or 

(4) While using a Government-owned 

or leased vehicle or while using a privately owned vehicle in the discharge 

of official duties. 

(d) An employee described in 5 U.S.C. 

7324(b)(2) may participate in political 

activity otherwise prohibited by 

§733.104(c) if the costs associated with 

that political activity are not paid for 

by money derived from the Treasury of 

the United States. 

(e) Candidacy for, and service in, a 

partisan political office shall not result 

in neglect of, or interference with, the 

performance of the duties of the employee or create a conflict, or apparent 

conflict, of interest. 

§ 733.105 Permitted political activities—employees who reside in designated localities and are employed 

in certain agencies and positions. 

(a) This section applied to employees 

who reside in designated localities and 

are employed in the following agencies 

or positions: 

(1) The Federal Election Commission; 

(2) The Election Assistance Commission; 

(3) The Federal Bureau of Investigation; 

(4) The Secret Service; 

(5) The Central Intelligence Agency; 

(6) The National Security Council; 

(7) The National Security Agency; 

(8) The Defense Intelligence Agency; 

(9) The Merit Systems Protection 

Board; 

(10) The Office of Special Counsel; 

(11) The Office of Criminal Investigation of the Internal Revenue Service. 

43 

Office of Personnel Management § 733.106 

(12) The Office of Investigative Programs of the United States Customs 

Service; 

(13) The Office of Law Enforcement of 

the Bureau of Alcohol, Tobacco, and 

Firearms; 

(14) The National Geospatial-Intelligence Agency; 

(15) The Office of the Director of National Intelligence; 

(16) Career Senior Executive Service 

positions described in 5 U.S.C. 

3132(a)(4); 

(17) Administrative Law Judge positions described in 5 U.S.C. 5372; 

(18) Contract Appeals Board Member 

positions described in 5 U.S.C. 5372a; or 

(19) Administrative Appeals Judge 

positions described in 5 U.S.C. 5732b. 

(b) This section does not apply to individuals who have been appointed by 

the President by and with the advice 

and consent of the Senate, even though 

they are employed in the agencies and 

positions described in paragraph (a) of 

this section. 

(c) Employees who are covered under 

this section and who reside in a municipality or political subdivision designated by OPM under §733.107 may: 

(1) Run as independent candidates for 

election to partisan political office in 

elections for local office in the municipality or political subdivision; 

(2) Solicit, accept, or receive a political contribution as, or on behalf of, an 

independent candidate for partisan political office in elections for local office in the municipality or political 

subdivision; 

(3) Solicit, accept, or receive uncompensated volunteer services as, or on 

behalf of, an independent candidate for 

partisan political office in elections for 

office in the municipality or subdivision; and 

(4) Take an active part in other political activities associated with elections 

for local partisan political office and in 

managing the campaigns of candidates 

for election to local partisan political 

office in the municipality or political 

subdivision, but only as an independent 

candidate or on behalf of, or in opposition to, an independent candidate. 

[63 FR 4558, Jan. 30, 1998, as amended at 79 

FR 25485, May 5, 2014] 

§ 733.106 Prohibited political activities—employees who reside designated localities and are employed 

in certain agencies and positions. 

(a) This section does not apply to individuals who have been appointed by 

the President, by and with the advice 

and consent of the Senate, even though 

they are employed in the agencies and 

positions described in §733.105(a). 

(b) Employees who are employed in 

the agencies and positions described in 

§733.105(a), and who reside in a municipality or political subdivision designated by OPM under §733.107, may 

not: 

(1) Run as the representative of a political party for local partisan political 

office; 

(2) Solicit, accept, or receive a political contribution on behalf of an individual who is a candidate for local partisan political office and who represents a political party; 

(3) Knowingly solicit a political contribution from any Federal employee; 

(4) Accept or receive a political contribution from a subordinate; 

(5) Solicit, accept, or receive uncompensated volunteer services on behalf 

of an individual who is a candidate for 

local partisan political office and who 

represents a political party; 

(6) Solicit, accept, or receive uncompensated volunteer services from a subordinate for any political purpose; or 

(7) Take an active part in other political activities associated with elections 

for local partisan political office, when 

such participation occurs on behalf of a 

political party, partisan political 

group, or a candidate for local partisan 

political office who represents a political party. 

(c) An employee covered under this 

section may not participate in political 

activities: 

(1) While he or she is on duty: 

(2) While he or she is wearing a uniform, badge, or insignia that identifies 

the employing agency or instrumentality or the position of the employee; 

(3) While he or she is in any room or 

building occupied in the discharge of 

official duties by an individual employed or holding office in the Government of the United States or any agency or instrumentality thereof; or 

44 

§ 733.107 5 CFR Ch. I (1–1–19 Edition) 

(4) While using a Government-owned 

or leased vehicle or while using a privately owned vehicle in the discharge 

of official duties. 

(d) Candidacy for, and service in, or 

partisan political office shall not result 

in neglect of, or interference with, the 

performance of the duties of the employee or create a conflict, or apparent 

conflict, of interest. 

§ 733.107 Designated localities. 

(a) When OPM determines that, because of special or unusual circumstances, it is in the domestic interest of employees to participate in local 

elections, OPM may specify as a designated locality: 

(1) The District of Columbia, 

(2) A municipality or political subdivision in Maryland or Virginia and in 

the immediate vicinity of the District 

of Columbia, or 

(3) A municipality in which the majority of voters are employed by the 

Government of the United States. 

(b) Information as to the documentation required to support a request for 

designation is furnished by the General 

Counsel of OPM on request. 

(c) The following municipalities and 

political subdivisions have been designated, effective on the day specified: 

IN MARYLAND

Annapolis (May 16, 1941). 

Anne Arundel County (March 14, 1973). 

Berwyn Heights (June 15, 1944). 

Bethesda (Feb. 17, 1943). 

Bladensburg (April 20, 1942). 

Bowie (April 11, 1952). 

Brentwood (Sept. 26, 1940). 

Calvert County (June 18, 1992). 

Capitol Heights (Nov. 12, 1940). 

Cheverly (Dec. 18, 1940). 

Chevy Chase, section 3 (Oct. 8, 1940). 

Chevy Chase, section 4 (Oct. 2, 1940). 

Chevy Chase View (Feb. 26, 1941). 

Chevy Chase Village, Town of (March 4, 1941). 

College Park (June 13, 1945). 

Cottage City (Jan. 15, 1941). 

District Heights (Nov. 2, 1940). 

Edmonston (Oct. 24, 1940). 

Fairmont Heights (Oct. 24, 1940). 

Forest Heights (April 22, 1949). 

Frederick County (May 31, 1991). 

Garrett Park (Oct. 2, 1940). 

Glenarden (May 21, 1941). 

Glen Echo (Oct. 22, 1940). 

Greenbelt (Oct. 4, 1940). 

Howard County (April 25, 1974). 

Hyattsville (Sept. 20, 1940). 

Kensington (Nov. 8, 1940). 

Landover Hills (May 5, 1945). 

Martin’s Additions, Village of (Feb. 13, 1941). 

Montgomery County (April 30, 1964). 

Morningside (May 19, 1949). 

Mount Rainier (Nov. 22, 1940). 

New Carrollton (July 7, 1981). 

North Beach (Sept. 20, 1940). 

North Brentwood (May 6, 1941). 

North Chevy Chase (July 22, 1942). 

Northwest Park (Feb. 17, 1943). 

Prince George’s County (June 19, 1962). 

Riverdale (Sept. 26, 1940). 

Rockville (April 15, 1948). 

St. Mary’s County (March 2, 1998). 

Seat Pleasant (Aug. 31, 1942). 

Somerset (Nov. 22, 1940). 

Takoma Park (Oct. 22, 1940). 

University Park (Jan. 18, 1941). 

Washington Grove (April 5, 1941). 

IN VIRGINIA

Alexandria (April 15, 1941). 

Arlington County (Sept. 9, 1940). 

Clifton (July 14, 1941). 

Fairfax, City of (Feb. 9, 1954). 

Fairfax County (Nov. 10, 1949). 

Falls Church (June 6, 1941). 

Fauquier County 

Herndon (April 7, 1945). 

King George County (June 6, 2012). 

Loudoun County (Oct. 1, 1971). 

Manassas (Jan. 8, 1980). 

Manassas Park (March 4, 1980). 

Portsmouth (Feb. 27, 1958). 

Prince William County (Feb. 14, 1967). 

Spotsylvania County (March 2, 1998). 

Stafford County (Nov. 2, 1979). 

Vienna (March 18, 1946). 

OTHER MUNICIPALITIES

Anchorage, Alaska (Dec. 29, 1947). 

Benicia, Calif. (Feb. 20, 1948). 

Bremerton, Wash. (Feb. 27, 1946). 

Centerville, Ga. (Sept. 16, 1971). 

Crane, Ind. (Aug. 3, 1967). 

District of Columbia 

Elmer City, Wash. (Oct. 28, 1947). 

Huachuca City, Ariz. (April 9, 1959). 

New Johnsonville, Tenn. (April 26, 1956). 

Norris, Tenn. (May 6, 1959). 

Port Orchard, Wash. (Feb. 27, 1946). 

Sierra Vista, Ariz. (Oct. 5, 1955). 

Warner Robins, Ga. (March 19, 1948). 

[63 FR 4558, Jan. 30, 1998, as amended at 73 

FR 28026, May 15, 2008; 77 FR 26660, May 7, 

2012; 78 FR 66826, Nov. 7, 2013; 79 FR 25485, 

May 5, 2014] 

PART 734—POLITICAL ACTIVITIES 

OF FEDERAL EMPLOYEES 

Subpart A—General Provisions 

Sec. 

734.101 Definitions.