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. 

45 

Office of Personnel Management § 734.101 

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 

§ 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 

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. 

46 

§ 734.101 5 CFR Ch. I (1–1–19 Edition) 

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; or 

(3) 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 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 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. 

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 

47 

Office of Personnel Management § 734.102 

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; 79 FR 25485, May 5, 

2014] 

§ 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. (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 218, Washington, DC 20036– 

4505; 

(2) By telephone on (202) 254–3650, or 

(1–800) 854–2824; 

(3) By fax on (202) 254–3700; or 

(4) By email at Hatchact@osc.gov. 

(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 penalty of removal, reduction-in-grade, debarment 

from Federal employment for a period 

not to exceed 5 years, suspension, reprimand, or an assessment of a civil penalty not to exceed $1,000, for violation 

of the political activity restrictions 

48 

§ 734.103 5 CFR Ch. I (1–1–19 Edition) 

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; 79 FR 25485, May 5, 

2014] 

§ 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. 

§ 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 

§ 734.201 Exclusion from coverage. 

This subpart does not apply to employees in the agencies and positions 

described in subpart D of this part. 

§ 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. 

§ 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 in which he or she is employed. 

[59 FR 48769, Sept. 23, 1994, as amended at 61 

FR 35100, July 5, 1996; 79 FR 25485, May 5, 

2014] 

§ 734.204 Participation in political organizations. 

An employee may: 

49 

Office of Personnel Management § 734.205 

(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 §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] 

§ 734.205 Participation in political 

campaigns. 

Subject to the prohibitions in 

§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 §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 

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 

50 

§ 734.206 5 CFR Ch. I (1–1–19 Edition) 

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] 

§ 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. 

§ 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. 

§ 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 

§734.306, an employee may make a financial contribution to a political action committee through a voluntary 

allotment made under §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 

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 §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 

51 

Office of Personnel Management § 734.302 

§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 wornout 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 §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 

§ 734.301 Exclusion from coverage. 

This subpart does not apply to employees in the agencies and positions 

described in subpart D of this part. 

§ 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. 

52 

§ 734.303 5 CFR Ch. I (1–1–19 Edition) 

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] 

§ 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 §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 §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. 

§ 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 §734.207. 

§ 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 shall determine 

when a matter is pending and ongoing 

within employing offices of the agency 

or instrumentality for the purposes of 

this part. 

[59 FR 48769, Sept. 23, 1994, as amended at 79 

FR 25486, May 5, 2014] 

§ 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. 

53 

Office of Personnel Management § 734.306 

(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 

§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 any non-PAS employee 

whose official duties do not require accompanying the PAS as long as the non-PAS employee is not on duty. 

Example 16: A noncareer member of the 

Senior Executive Service, or any other employee covered by this subpart, may not 

wear partisan political buttons or display 

partisan political pictures, signs, stickers, or 

badges while he or she is on duty or at his or 

her place of work. 

Example 17: An employee may not engage 

in political activity in the cafeteria of a Federal building, even if the cafeteria is in space 

leased by a contractor. 

Example 18: An employee who contributes 

financially to a political action committee 

through a voluntary allotment made under 

§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 

§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] 

54 

§ 734.307 5 CFR Ch. I (1–1–19 Edition) 

§ 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 

§ 734.401 Coverage. 

(a) This subpart applies to employees 

in the following agencies and 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. 

(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 Criminal Division of the Department of Justice; 

(15) The National Security Division 

of the Department of Justice; 

(16) The National Geospatial-Intelligence Agency; 

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

(18) Career Senior Executive Service 

positions described in 5 U.S.C. 

3132(a)(4); 

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

(20) Contract Appeals Board Member 

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

(21) Administrative Appeals Judge 

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

(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; 79 FR 25486, May 5, 

2014] 

§ 734.402 Expression of an employee’s 

individual opinion. 

Each employee covered under this 

subpart retains the right to participate 

in any of the following political activities, as long as such activity is not performed in concert with a political 

party, partisan political group, or a 

candidate for partisan political office: 

(a) Express his or her opinion as an 

individual privately and publicly on 

political subjects and candidates; 

(b) Display a political picture, sign, 

sticker, badge, or button, as long as 

these items are displayed in accordance with the provisions of §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 

55 

Office of Personnel Management § 734.404 

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] 

§ 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. 

§ 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 

§734.406, an employee covered under 

this subpart may make a financial contribution to a political action committee through a voluntary allotment 

made under §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 

§550.311(b) of this chapter. 

Example 1: An employee, or a noncareer 

SES employee who is subject to subpart D of 

part 734, may attend a political convention 

or rally solely as a spectator. However, the 

employee and noncareer SES employee may 

not participate in demonstrations or parades 

which are sponsored by a political party, a 

partisan political group, or an individual 

who is running for nomination to be a candidate for partisan political office. 

Example 2: An employee may attend a political party’s annual barbecue, but he or she 

may not organize, distribute invitations to, 

or sell tickets to the barbecue. 

Example 3: An employee who desires to contribute to a political action committee 

through an allotment personally may obtain 

blank direct deposit forms from his or her 

payroll office. The employee may not complete the direct deposit form while he or she 

is on duty, on Federal property, or in a Federally owned or leased vehicle. The employee 

56 

§ 734.405 5 CFR Ch. I (1–1–19 Edition) 

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] 

§ 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. 

§ 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. 

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 

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 

§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 

§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. 

(b) [Reserved] 

[59 FR 48769, Sept. 23, 1994, as amended at 61 

FR 35102, July 5, 1996] 

57 

Office of Personnel Management § 734.413 

§ 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. 

§ 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] 

§ 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. 

§ 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. 

§ 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. 

§ 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; 

(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 at 61 

FR 35102, July 5, 1996] 

§ 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. 

58 

§ 734.501 5 CFR Ch. I (1–1–19 Edition) 

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. 

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. 

§ 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. 

(c) An employee described in paragraph (a) of this section may participate, subject to any restrictions that 

may be imposed in accordance with 

§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 privatelyowned 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 

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; 79 FR 25486, May 5, 

2014] 

59 

Office of Personnel Management § 734.503 

§ 734.503 Allocation and reimbursement of costs associated with political activities. 

(a) The costs associated with the political activities described in §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 §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 ÷ Total activity time = Percentage of trip that is official 

Time spent in political activity ÷ 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 

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 

60 

§ 734.504 5 CFR Ch. I (1–1–19 Edition) 

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. 

§ 734.504 Contributions to political action committees through voluntary 

payroll allotments prohibited. 

An employee described in §734.502(a) 

may not financially contribute to a political action committee through a voluntary allotment made under 

§550.311(b) of this title. 

[61 FR 35102, July 5, 1996] 

Subpart F—Employees Who Work 

on An Irregular or Occasional 

Basis 

§ 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 

§ 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 §734.702 references some of the more 

significant of those statutes. It is not 

comprehensive and includes only references to statutes of general applicability. 

§ 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 

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). 

61 

Office of Personnel Management § 735.103 

(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). 

PART 735—EMPLOYEE 

RESPONSIBILITIES AND CONDUCT 

Subpart A—General Provisions 

Sec. 

735.101 Definitions. 

735.102 What are the grounds for disciplinary action? 

735.103 What other regulations pertain to 

employee conduct? 

Subpart B—Standards of Conduct 

735.201 What are the restrictions on gambling? 

735.202 What are the restrictions on conduct 

that safeguard the examination process? 

735.203 What are the restrictions on conduct 

prejudicial to the Government? 

AUTHORITY: 5 U.S.C. 7301; E.O. 12674, 54 FR 

15159, 3 CFR, 1989 Comp., p. 215, as modified 

by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., 

p. 306. 

SOURCE: 71 FR 46073, Aug. 11, 2006, unless 

otherwise noted. 

EDITORIAL NOTE: Part 1001, added to this 

chapter at 31 FR 873, Jan. 22, 1966 and revised 

at 32 FR 11113, Aug. 1, 1967, 36 FR 6874, Apr. 

9, 1971, 61 FR 36996, July 16, 1996, and 71 FR 

43345, Aug. 1, 2006, supplements this part 735. 

Subpart A—General Provisions 

§ 735.101 Definitions. 

In this part: 

Agency means an Executive agency 

(other than the Government Accountability Office) as defined by 5 U.S.C. 

105, the Postal Service, and the Postal 

Rate Commission. 

Employee means any officer or employee of an agency, including a special 

Government employee, but does not include a member of the uniformed services. 

Government means the United States 

Government. 

Special Government employee means an 

officer or employee specified in 18 

U.S.C. 202(a) except one who is employed in the legislative branch or by 

the District of Columbia. 

Uniformed services has the meaning 

given that term by 5 U.S.C. 2101(3). 

§ 735.102 What are the grounds for disciplinary action? 

An employee’s violation of any of the 

regulations in subpart B of this part 

may be cause for disciplinary action by 

the employee’s agency, which may be 

in addition to any penalty prescribed 

by law. 

§ 735.103 What other regulations pertain to employee conduct? 

In addition to the standards of conduct in subpart B of this part, an employee shall comply with the standards 

of ethical conduct in 5 CFR part 2635, 

as well as any supplemental regulation 

issued by the employee’s agency under 

5 CFR 2635.105. An employee’s violation 

of those regulations may cause the employee’s agency to take disciplinary 

action, or corrective action as that 

term is used in 5 CFR part 2635. Such 

disciplinary action or corrective action 

may be in addition to any penalty prescribed by law.