[Federal Register Volume 63, Number 20 (Friday, January 30, 1998)]
[Rules and Regulations]
[Pages 4555-4560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2277]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
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The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 63, No. 20 / Friday, January 30, 1998 / Rules
and Regulations
[[Page 4555]]
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OFFICE OF PERSONNEL MANAGEMENT
RIN 3206-AF78
5 CFR Part 733
Political Activity: Federal Employees Residing in Designated
Localities
AGENCY: Office of Personnel Management.
ACTION: Final rule.
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SUMMARY: The Office of Personnel Management (OPM) is issuing a final
rule regarding the political activity of Federal employees residing in
designated localities. The final rule will inform Federal employees of
the political activities which are permitted and prohibited under the
Hatch Act Reform Amendments of 1993 for employees who reside in
localities designated by OPM, and in connection with elections for
local partisan political office in these localities. The regulation
also includes a list of the designated localities.
EFFECTIVE DATE: March 2, 1998.
FOR FURTHER INFORMATION CONTACT:
Jo-Ann Chabot at (202) 606-1700.
SUPPLEMENTARY INFORMATION: On October 6, 1993, President Clinton signed
the Hatch Act Reform Amendments of 1993. The Reform Amendments became
effective on February 3, 1994 and specifically authorize OPM to issue
regulations on the political activities of Federal employees regarding
matters described in 5 U.S.C. 7325, as amended, concerning Federal
employees' participation in the local elections of the localities in
which they reside. On February 4, 1994, OPM published an interim
regulation on the political activities of Federal employees residing in
specified localities designated by OPM. 59 FR 5313. In view of the
comments that it received concerning the interim regulation, OPM
published a proposed rule on June 24, 1997. 62 FR 34017. OPM received
comments concerning the proposed rule from two individuals and two
Federal agencies before the comment period closed on August 25, 1997.
OPM's analysis of the comments generally follows the numerical order of
the regulations.
Section 733.103(b)(1) of the proposed regulation specifies that the
Federally employed residents of designated localities may run for local
partisan political office as independent candidates. Section
733.104(b)(1) of the proposed regulation prohibits these employees from
running for local partisan political office as the representatives of a
political party. An individual commented that, except for the
legislative history of the Reform Amendments, OPM did not provide any
reason for requiring the Federally employed residents of designated
localities to run as independent candidates for local partisan
political office. He states his belief that Secs. 733.103(b)(1) and
733.104(b)(1) of the proposed regulation violate provisions in section
2(a) of the Reform Amendments that are codified at 5 U.S.C. 7321 and
7325. He noted that the Reform Amendments, at 5 U.S.C. 7321, state the
policy of Congress that:
[E]mployees should be encouraged to exercise fully, freely, and
without fear of penalty or reprisal, and to the extent not expressly
prohibited by law, their right to participate or to refrain from
participating in the political processes of the Nation.
He believes that the proposed regulation violates section 7321
because it discourages Federal employees from fully exercising their
right to participate in the political processes of the nation.
He also noted that under the Reform Amendments, at 5 U.S.C. 7325,
OPM may prescribe regulations permitting the Federally employed
residents of designated localities to take an active part in local
partisan political campaigns, ``without regard to'' the prohibition
against candidacy for partisan political office specified in 5 U.S.C.
7323(a)(3). He believes that Congress expressed its intent through 5
U.S.C. 7325 that Federal employees in designated localities should be
permitted to run for partisan political office as the representatives
of political parties. Accordingly, he also believes that
Secs. 733.103(b)(1) and 733.104(b)(1) of the proposed regulation
violate 5 U.S.C. 7325 by requiring Federal employees to run as
independent candidates for local partisan political office.
Finally, he noted that, although Sec. 733.103(b)(3) of the proposed
regulation permits the Federally employed residents of designated
localities to accept and receive political contributions on behalf of
candidates for local partisan political office who represent political
parties, Sec. 733.104(b)(2) prohibits Federal employees from soliciting
political contributions on behalf of such candidates. He also believes
that there is a minimal difference between soliciting political
contributions and accepting and receiving such contributions. Thus, he
believes that OPM should permit Federal employees to solicit political
contributions on behalf of candidates who represent political parties.
OPM notes in response that section 7325 of title 5, United States
Code, provides OPM with discretionary authority to permit Federal
employees to run for local ``partisan political office'' when certain
statutory prerequisites are fulfilled, and does not include language
reflecting any Congressional intent to permit these employees to run
for local partisan political office as the candidates of political
parties. According to the Reform Amendments, at 5 U.S.C. 7322(2), a
``partisan political office'' includes ``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.''
Under this definition, a public office becomes a ``partisan political
office'' when any candidate for election to that office represents a
political party whose candidates for Presidential elector received
votes in the last Presidential election. Accordingly, an independent
candidate becomes a candidate for ``partisan political office'' when he
or she opposes the candidates of such political parties in an election
for public office. Thus, OPM concluded that permitting employees to run
as independent candidates for local partisan political office while
prohibiting them from running as the representatives of political
parties does not violate 5 U.S.C. 7325 or ignore the
[[Page 4556]]
intent of Congress in enacting this provision.
Although section 2(a) of the Reform Amendments provides that
Federal employees should be encouraged to participate fully in the
political processes of the nation ``to the extent not expressly
prohibited by law,'' section 10 of the Reform Amendments (the Sense of
the Senate) limits section 2(a) by providing that Federal employees
should not be authorized to solicit political contributions from the
general public, or run for the nomination or as a candidate for a local
partisan political office, except as expressly provided under current
law. It is clear from the language of the Reform Amendments,
particularly section 10, and from the legislative history of the Reform
Amendments that Congress was especially concerned about candidacy for
partisan political office and soliciting political contributions. As
OPM stated in its notice of proposed rulemaking, the legislative
history of the Reform Amendments shows that Congress was well
acquainted with the provisions concerning candidacy for local partisan
political office that were in effect under the Hatch Act and that
Congress intended to preserve those provisions in enacting the Reform
Amendments. See 62 FR 34017, 34018-19 (June 24, 1997). Under those
provisions, the Federally employed residents of designated localities
were required to run as independent candidates for local partisan
political office. OPM believes that the proposed regulation, at
Secs. 733.103(b)(1) and 733.104(b)(1), complies with the Reform
Amendments and reflects the intent of Congress in enacting the Reform
Amendments.
Similarly, Federal employees residing in designated localities
prior to the enactment of the Reform Amendments were permitted to
solicit, accept, and receive political contributions only on behalf of
independent candidates for local partisan political office. Although
section 10 of the Reform Amendments provides that Federal employees
should not be authorized to solicit political contributions, it does
not include any provision concerning the acceptance or receipt of
political contributions. Therefore, the proposed regulation permits
Federal employees to accept and receive political contributions on
behalf of candidates who represent political parties but prohibits
Federal employees from contributions for such candidates. OPM also
believes that Secs. 733.103(b)(3) and 733.104(b)(2) of the proposed
regulation comply with the Reform Amendments and reflect the intent of
Congress in enacting the Reform Amendments.
In commenting on OPM's regulatory proposal, another individual
asked: ``Does the Constitution [of the United States] mean anything''
to OPM? The individual did not respond to OPM`s request to elaborate on
that comment. OPM notes in response to this comment that the Supreme
Court of the United States upheld the constitutionally of the former
Hatch Act's prohibitions in two decisions. United Public Workers of
America v. Mitchell, 330 U.S. 75 (1947); United States Civil Service
Commission v. National Association of Letter Carriers AFL-CIO, 413 U.S.
548 (1973). These more stringent prohibitions are almost identical to
the prohibitions that currently apply to employees in sensitive
agencies and positions under the Reform Amendments. Moreover, these
prohibitions are significantly more restrictive than the prohibitions
that currently apply to the majority of Federal employees under the
Reform Amendments.
Section 733.105(a) of the proposed regulation describes certain
sensitive agencies and positions whose employees and incumbents are
prohibited from partisan political participation under the Reform
Amendments, except for participation in elections for local partisan
political office in localities designated by OPM. The Central Imagery
Office currently appears in the list of sensitive agencies and
positions at Sec. 733.105(a)(13) of the OPM regulatory proposal for 5
CFR part 733. Officials at two Federal agencies commented that section
1111 (a) and (b) of the National Defense Authorization Act for Fiscal
Year 1997, Pub. L. 104-201, consolidated the Central Imagery Office
listed in Sec. 733.105(a)(13) with the Defense Mapping Agency to form
the National Imagery and Mapping Agency. Section 1122(a)(1) of Pub. L.
104-201 further amends the Hatch Act Reform Amendments at 5 U.S.C.
7323(b)(2)(B)(I)(XIII) by substituting the National Imagery and Mapping
Agency for the Central Imagery Office. Accordingly, Sec. 733.105(a)(13)
of the final rule identifies the National Imagery and Mapping Agency,
rather than the Central Imagery Office, as an agency whose employees
are subject to the Reform Amendments' more restrictive prohibitions
against partisan political participation.
OPM notes in this regard that the Reform Amendments, at 5 U.S.C.
7323(b)(2) and 7325, prohibit employees in specified sensitive agencies
and positions from participating actively in partisan political
activities, except for those activities connected with elections to
local partisan political offices in the localities designated by OPM.
Under 5 U.S.C. 7323(b)(2), individuals who have been appointed by the
President, by and with the advice and consent of the Senate (PAS
employees), have been excluded from the prohibition on active
participation in partisan political activities, even though these
individuals are employed in the sensitive agencies or positions
described in section 7323(b)(2)(B).
Sections 733.105 and 733.106 of the proposed regulation apply to
individuals who are employed in sensitive agencies and positions and
who also reside in the localities designated by OPM. Sections 733.105
and 733.106 permit these employees to participate in the local
elections of the designated localities but only as, or on behalf of,
individuals who are running as independent candidates for local
partisan political offices. The proposed regulation did not adequately
reflect that PAS employees are not subject to the statutory prohibition
against active participation in partisan political activities and,
therefore, that they also are not subject to Secs. 733.105 and 733.106
of the regulation. Accordingly, OPM has amended these provisions to
reflect clearly that PAS employees in sensitive agencies and positions
are covered by Secs. 733.103 and 733.104 of the regulation and that the
provisions in Secs. 733.105 and 733.106 do not apply to them.
The Reform Amendments, at 5 U.S.C. 7323(a) (2) and (3), prohibit
Federal employees from becoming candidates for partisan political
office and from soliciting, accepting, or receiving political
contributions. However, the Reform Amendments, at 5 U.S.C. 7325,
authorize OPM to prescribe regulations permitting employees in certain
communities to participate in local elections for partisan political
office without regard to the prohibitions in 5 U.S.C. 7323(a) (2) and
(3) if the requirements specified in section 7325 are met. The first
requirement is that the community or political subdivision must be
located in Maryland or Virginia and in the immediate vicinity of the
District of Columbia. Alternatively, the majority of the community's
registered voters must be employed by the United States Government. The
second requirement is that OPM must determine that it is in the
domestic interest of the employees to permit that political
participation because of special or unusual circumstances existing in
the municipality or political subdivision.
Section 733.107(a) of the final regulation reflects these statutory
requirements. Under part 733, the
[[Page 4557]]
exemption from the prohibitions in 5 U.S.C. 7323(a) (2) and (3) is a
partial exemption because employees are required to run as independent
candidates for local partisan political office and they are permitted
to participate in other political activities connected with elections
for local public office as specified in part 733. Section 733.107(c) of
the final regulation includes a list of designated localities whose
residents have been granted a partial exemption by OPM.
In its notice of proposed rulemaking, OPM noted that Spotsylvania
County, Virginia and St. Mary's County, Maryland had fulfilled the
statutory requirements for a partial exemption to issue and proposed
the addition of these counties to the regulatory list of designated
localities. 62 FR 34017, 34020 (June 24, 1997). OPM also placed legal
notices in local newspapers to advise the residents of Spotsylvania
County and St. Mary's County concerning the proposals. The legal notice
regarding Spotsylvania County appeared in the Free Lance-Star on July
15, 1997 and a legal notice concerning St. Mary's County appeared in
the Enterprise on July 16, 1997. OPM received only one comment
concerning these proposals from a resident of St. Mary's County who
supported the addition of that county to the regulatory list.
Therefore, the final regulation includes Spotsylvania County, Virginia
and St. Mary's County, Maryland in the list of designated localities at
Sec. 733.107(c) of the regulation. The addition of Spotsylvania County
will be listed among the designated Virginia municipalities and
political subdivisions after Prince William County and before Stafford
County. The addition of St. Mary's County to the designated Maryland
municipalities and political subdivisions will be listed after
Rockville and before Seat Pleasant. Public notices concerning the
addition of Spotsylvania and St. Mary's Counties to the list of
designated localities in the OPM final regulation will be published in
a local newspaper serving each county.
The District of Columbia currently is included in the OPM
regulatory list of designated localities. The District of Columbia was
added to this list on July 5, 1977, by the United States Civil Service
Commission. As OPM pointed out in its proposed regulation, however, two
Federal agencies submitted comments questioning whether the District of
Columbia should continue to be listed as a partially exempt
municipality in view of the unpublished memorandum opinion of the
United States District Court for the District of Columbia in Ward Three
Democratic Committee v. United States, No. 78-853 (D.D.C. Aug. 29,
1980). 62 FR 34017, 34020-21. OPM recognizes that, when the statutory
exemption requirements were enacted in 1940, Congress did not foresee a
need for an exemption for the District of Columbia because the District
held no local elections at the time and was, instead, governed by three
Commissioners appointed by the President of the United States.
In discussing the history of the district court decision, one of
the Federal agencies noted that, on May 30, 1974, the Civil Service
Commission added the District of Columbia to the list of exempted
localities at 5 CFR 733.124, retroactively effective May 16, 1974. 39
FR 18761 (1974). In Joseph v. United States Civil Service Commission,
554 F. 2d 1140 (1977), the United States Court of Appeals for the
District of Columbia declared invalid the exemption for the District of
Columbia because it was not published after a notice and comment
period, as required by the Administrative Procedure Act. The appeals
court held that, under the Hatch Act, the District of Columbia could
not qualify under the first alternative for an exemption to issue. Id.
at 1154-1155. The appeals court stated in this regard that
Although there can be no dispute that it is ``in the immediate
vicinity of the District of Columbia,'' it is equally certain that
it is not in the states of Maryland or Virginia. The legislative
history of this first alternative clearly indicates that it was
proposed to restrict the Civil Service Commission's exemption
authority to areas adjacent to the District. (Citation omitted.)
Admittedly the failure to include areas within the District may well
have been due to the fact that there were no elective positions
within the District Government in 1940 when the Commission was given
its exemption authority. (Footnote omitted.) The literal language of
the first alternative in subsection 7327(b)(1), however, clearly
does not include the District, and although a court should interpret
the meaning of statutory language in light of the intent of its
drafters, we cannot rewrite the statute to compensate for unforeseen
circumstances.
Id. The appeals court also stated that, if the Civil Service Commission
republished the exemption, it should furnish statistical evidence that
a majority of District of Columbia voters were employed by the Untied
States Government or the District of Columbia Government. Id. at 1152-
1157. In order to comply with the decision in Joseph, the Civil Service
Commission subsequently proposed to add the District of Columbia to the
list of exempted localities on May 6, 1977, 42 FR 23160 (1977), and the
District was then added to the list of exempted localities, effective
July 5, 1977. 42 FR 34308.
In a second suit challenging the validity of Sec. 733.124, the
appeals court remanded the case to the district court to gather
statistical evidence to determine whether the majority of registered
voters in the District of Columbia were employed by the United States
or the District of Columbia Governments. Ward Three Democratic
Committee v. United States, 609 F. 2d 10 (D.C. Cir. 1979). On remand,
the district court found that, based upon the statistical evidence
submitted by the parties, less than 50 percent of registered voters in
the District of Columbia were employed by the United States Government
or the District of Columbia Government. Thus, the district court held
that Sec. 733.124(b), the regulation which provided for partial
exemptions at that time, was ``not applicable to the District of
Columbia and shall not be applied thereto.'' Ward Three Democratic
Committee v. United States, No. 78-853 (D.D.C. Aug. 29, 1980). Although
this judicial decision was based upon requirements stated in the former
Hatch Act for an exemption to issue, the same requirements also appear
in the Reform Amendments.
OPM discussed these judicial decisions in its notice of proposed
rulemaking and requested further comments from the public as well as
from Federal, Postal Service, and District of Columbia Government
employees who are registered voters in the District of Columbia. 62 FR
34017, 34020-34021 (June 24, 1997). OPM also placed an official notice
concerning this matter in the July 14, 1997 edition of the Washington
Post. Publication of the proposed regulation and official notice has
not resulted in any comments concerning the District of Columbia or any
evidence showing that the District of Columbia should remain on the
list of designated localities.
Moreover, on several occasions, OPM corresponded with the Office of
the Corporation Counsel for the District of Columbia about this matter.
In correspondence to OPM dated June 12, 1995, the Office of the
Corporation Counsel advised that:
[B]ased upon the decision in Ward Three Democratic Committee v.
United States, No. 78-853 (D.D.C. Aug 29, 1980), we reluctantly
conclude that deletion of the District of Columbia from the list of
exempt jurisdictions is not inconsistent with the Hatch Act Reform
Amendments regarding political management and political campaigns
involving the District.
In succeeding letters to OPM, dated September 18, 1995, and July 29,
1997,
[[Page 4558]]
the Office of the Corporation Counsel reaffirmed this statement.
In view of these circumstances, OPM does not have any choice except
to remove the District of Columbia from the regulatory list of
designated localities in Sec. 733.107(c) of the final regulation.
Accordingly, the final regulation reflects that the District of
Columbia has been removed from the list of designated localities in
Sec. 733.107(c). A public notice concerning the removal of the District
of Columbia from the list of designated localities in the final version
of 5 CFR 733.107(c) will be published in a local newspaper serving that
city.
Finally, OPM noted in its proposed rule that it would pursue a
legislative solution to place the District of Columbia on the same
footing as the surrounding Virginia and Maryland localities. OPM will
continue to pursue a legislative solution in this matter.
E.O. 12866, Regulatory Review
This regulation has been reviewed by the Office of Management and
Budget in accordance with E.O. 12866.
Regulatory flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities because the changes
will affect only employees of the Federal Government.
List of Subjects in 5 CFR Part 733
Political activities (Government employees).
Office of Personnel Management.
Janice R. Lachance,
Director.
Part 733 is revised to read as follows:
PART 733--POLITICAL ACTIVITY--FEDERAL EMPLOYEES RESIDING IN
DESIGNATED LOCALITIES
Sec.
733.101 Definitions.
733.102 Exclusion of employees in the Criminal Division of the
United States Department of Justice.
733.103 Permitted political activities--employees who reside in
designated localities.
733.104 Prohibited political activities--employees who reside in
designated localities.
733.105 Permitted political activities--employees who reside in
designated localities and are employed in certain agencies and
positions.
733.106 Prohibited political activities--employees who reside in
designated localities and are employed in certain agencies and
positions.
733.107 Designated localities.
Authority: 5 U.S.C. 7325; sec. 308 of Pub. L. 104-93, 109 Stat.
961, 966 (Jan. 6, 1996).
Sec. 733.101 Definitions.
In this part:
Accept means to come into possession of something from a person
officially on behalf of a candidate, a campaign, a political party, or
a partisan political group, but does not include ministerial activities
which precede or follow this official act.
Candidate means an individual who seeks nomination or election to
any elective office whether or not the person is elected. An individual
is deemed to be a candidate if the individual has received political
contributions or made expenditures or has consented to another person
receiving contributions or making expenditures with a view to bringing
about the individual's nomination or election.
Campaign means all acts done by a candidate and his or her
adherents to obtain a majority or plurality of the votes to be cast
toward a nomination or in an election.
Election includes a primary, special, runoff, or general election.
Employee means:
Any individual (other than the President, the Vice President, or a
member of the uniformed services) employed or holding office in--
(1) An Executive agency other than the General Accounting Office;
(2) A position within the competitive service which is not in an
Executive agency;
(3) The government of the District of Columbia, other than the
Mayor or a member of the City Council or the Recorder of Deeds; or
(4) The United States Postal Service or the Postal Rate Commission.
On Duty means the period when an employee is:
(1) In a pay status other than paid leave, compensatory time off,
credit hours, time off as an incentive award, or excused or authorized
absence (including leave without pay); or
(2) Representing any agency or instrumentality of the United States
Government or any agency or instrumentality of the District of Columbia
Government in an official capacity.
Partisan when used as an adjective means related to a political
party.
Partisan political group means any committee, club, or other
organization which is affiliated with a political party or candidate
for public office in a partisan election, or organized for a partisan
purpose, or which engages in partisan political activity.
Partisan political office means any office for which any candidate
is nominated or elected as representing a party any of whose candidates
for Presidential elector received votes in the last preceding election
at which Presidential electors were selected, but does not include any
office or position within a political party or affiliated organization.
Person means an individual; a State, local, or foreign government;
or a corporation and the subsidiaries it controls, company,
association, firm, partnership, society, joint stock company, or any
other organization or institution, including any officer, employee, or
agent of such person or entity.
Political activity means an activity directed toward the success or
failure of a political party, candidate for partisan political office,
or partisan political group.
Political contribution means any gift, subscription, loan, advance,
or deposit of money or anything of value, made for any political
purpose.
(1) A political contribution includes:
(i) Any contract, promise, or agreement, express or implied,
whether or not legally enforceable, to make a contribution for any
political purpose;
(ii) Any payment by any person, other than a candidate or a
political party or affiliated organization, of compensation for the
personal services of another person which are rendered to any candidate
or political party or affiliated organization without charge for any
political purpose; and
(iii) The provision of personal services, paid or unpaid, for any
political purpose.
(2) A political contribution does not include the value of services
provided without compensation by any individual who volunteers on
behalf of any candidate, campaign, political party, or partisan
political group.
Political management means the direction or supervision of a
partisan political group or campaign for partisan political office.
Political party means a national political party, a State political
party, or an affiliated organization.
Political purpose means an objective of promoting or opposing a
political party, candidate for partisan political office, or partisan
political group.
Receive means to come into possession of something from a person
officially on behalf of a candidate, a campaign, a political party, or
a partisan political group, but does not include ministerial activities
which precede or follow this official act.
Room or building occupied in the discharge of official duties by an
individual employed or holding office in the Government of the United
States or
[[Page 4559]]
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).
Sec. 733.102 Exclusion of employees in the Criminal Division of the
United States Department of Justice.
Employees in the Criminal Division in the Department of Justice
(except employees appointed by the President, by and with the advice
and consent of the Senate) specifically are excluded from coverage
under the provisions of this part.
Sec. 733.103 Permitted political activities--employees who reside in
designated localities.
(a) This section does not apply to an individual who is employed in
an agency or position described in Sec. 733.105(a), unless that
individual has been appointed by the President, by and with the advice
and consent of the Senate.
(b) Employees who reside in a municipality or political subdivision
designated by OPM under Sec. 733.107 may:
(1) Run as independent candidates for election to partisan
political office in elections for local office in the municipality or
political subdivision;
(2) Solicit, accept, or receive a political contribution as, or on
behalf of, an independent candidate for partisan political office in
elections for local office in the municipality or political
subdivision;
(3) Accept or receive a political contribution on behalf of an
individual who is a candidate for local partisan political office and
who represents a political party;
(4) Solicit, accept, or receive uncompensated volunteer services as
an independent candidate, or on behalf of an independent candidate, for
local partisan political office, in connection with the local elections
of the municipality or subdivision; and
(5) Solicit, accept, or receive uncompensated volunteer services on
behalf of an individual who is a candidate for local partisan political
office and who represents a political party.
Sec. 733.104 Prohibited political activities--employees who reside in
designated localities.
(a) This section does not apply to an individual who is employed in
an agency or position described in Sec. 733.105(a), unless that
individual has been appointed by the President, by and with the advice
and consent of the Senate.
(b) Employees who reside in a municipality or political subdivision
designated by OPM under Sec. 733.107 may not:
(1) Run as the representative of a political party for local
partisan political office;
(2) Solicit a political contribution on behalf of an individual who
is a candidate for local partisan political office and who represents a
political party;
(3) Knowingly solicit a political contribution from any Federal
employee, except as permitted under 5 U.S.C. 7323(a)(2)(A)-(C).
(4) Accept or receive a political contribution from a subordinate;
or
(5) Solicit, accept, or receive uncompensated volunteer services
from a subordinate for any political purpose.
(c) An employee covered under this section may not participate in
political activities:
(1) While he or she is on duty:
(2) While he or she is wearing a uniform, badge, or insignia that
identifies the employing agency or instrumentality or the position of
the employee;
(3) While he or she is in any room or building occupied in the
discharge of official duties by an individual employed or holding
office in the Government of the United States or any agency or
instrumentality thereof; or
(4) While using a Government-owned or leased vehicle or while using
a privately owned vehicle in the discharge of official duties.
(d) An employee described in 5 U.S.C. 7324(b)(2) may participate in
political activity otherwise prohibited by Sec. 733.104(c) if the costs
associated with that political activity are not paid for by money
derived from the Treasury of the United States.
(e) Candidacy for, and service in, a partisan political office
shall not result in neglect of, or interference with, the performance
of the duties of the employee or create a conflict, or apparent
conflict, of interest.
Sec. 733.105 Permitted political activities--employees who reside in
designated localities and are employed in certain agencies and
positions.
(a) This section applies to employees who reside in designated
localities and are employed in the following agencies or positions:
(1) Federal Election Commission;
(2) Federal Bureau of Investigation;
(3) United States Secret Service;
(4) Central Intelligence Agency;
(5) National Security Council;
(6) National Security Agency;
(7) Defense Intelligence Agency;
(8) Merit Systems Protection Board;
(9) United States Office of Special Counsel;
(10) Office of Criminal Investigation of the Internal Revenue
Service;
(11) Office of Investigative Programs of the United States Customs
Service;
(12) Office of Law Enforcement of the Bureau of Alcohol, Tobacco,
and Firearms;
(13) National Imagery and Mapping Agency;
(14) Career Appointees in the Senior Executive Service;
(15) Administrative Law Judges; and
(16) Contract appeals board members described in 5 U.S.C. 5372a.
(b) This section does not apply to individuals who have been
appointed by the President by and with the advice and consent of the
Senate, even though they are employed in the agencies and positions
described in paragraph (a) of this section.
(c) Employees who are covered under this section and who reside in
a municipality or political subdivision designated by OPM under
Sec. 733.107 may:
(1) Run as independent candidates for election to partisan
political office in elections for local office in the municipality or
political subdivision;
(2) Solicit, accept, or receive a political contribution as, or on
behalf of, an independent candidate for partisan political office in
elections for local office in the municipality or political
subdivision;
[[Page 4560]]
(3) Solicit, accept, or receive uncompensated volunteer services
as, or on behalf of, an independent candidate for partisan political
office in elections for office in the municipality or subdivision; and
(4) Take an active part in other political activities associated
with elections for local partisan political office and in managing the
campaigns of candidates for election to local partisan political office
in the municipality or political subdivision, but only as an
independent candidate or on behalf of, or in opposition to, an
independent candidate.
Sec. 733.106 Prohibited political activities--employees who reside
designated localities and are employed in certain agencies and
positions.
(a) This section does not apply to individuals who have been
appointed by the President, by and with the advice and consent of the
Senate, even though they are employed in the agencies and positions
described in Sec. 733.105(a).
(b) Employees who are employed in the agencies and positions
described in Sec. 733.105(a), and who reside in a municipality or
political subdivision designated by OPM under Sec. 733.107, may not:
(1) Run as the representative of a political party for local
partisan political office;
(2) Solicit, accept, or receive a political contribution on behalf
of an individual who is a candidate for local partisan political office
and who represents a political party;
(3) Knowingly solicit a political contribution from any Federal
employee;
(4) Accept or receive a political contribution from a subordinate;
(5) Solicit, accept, or receive uncompensated volunteer services on
behalf of an individual who is a candidate for local partisan political
office and who represents a political party;
(6) Solicit, accept, or receive uncompensated volunteer services
from a subordinate for any political purpose; or
(7) Take an active part in other political activities associated
with elections for local partisan political office, when such
participation occurs on behalf of a political party, partisan political
group, or a candidate for local partisan political office who
represents a political party.
(c) An employee covered under this section may not participate in
political activities:
(1) While he or she is on duty:
(2) While he or she is wearing a uniform, badge, or insignia that
identifies the employing agency or instrumentality or the position of
the employee;
(3) While he or she is in any room or building occupied in the
discharge of official duties by an individual employed or holding
office in the Government of the United States or any agency or
instrumentality thereof; or
(4) While using a Government-owned or leased vehicle or while using
a privately owned vehicle in the discharge of official duties.
(d) Candidacy for, and service in, or partisan political office
shall not result in neglect of, or interference with, the performance
of the duties of the employee or create a conflict, or apparent
conflict, of interest.
Sec. 733.107 Designated localities.
(a) OPM may designate a municipality or political subdivision in
Maryland or Virginia and in the immediate vicinity of the District of
Columbia, or a municipality in which the majority of voters are
employed by the Government of the United States, when OPM determines
that, because of special or unusual circumstances, it is in the
domestic interest of employees to participate in local elections.
(b) Information as to the documentation required to support a
request for designation is furnished by the General Counsel of OPM on
request.
(c) The following municipalities and political subdivisions have
been designated, effective on the day specified:
In Maryland
Annapolis (May 16, 1941).
Anne Arundel County (March 14, 1973).
Berwyn Heights (June 15, 1944).
Bethesda (Feb. 17, 1943).
Bladensburg (April 20, 1942).
Bowie (April 11, 1952).
Brentwood (Sept. 26, 1940).
Calvert County (June 18, 1992).
Capitol Heights (Nov. 12, 1940).
Cheverly (Dec. 18, 1940).
Chevy Chase, section 3 (Oct. 8, 1940).
Chevy Chase, section 4 (Oct. 2, 1940).
Chevy Chase View (Feb. 26, 1941).
Chevy Chase Village, Town of (March 4, 1941).
College Park (June 13, 1945).
Cottage City (Jan. 15, 1941).
District Heights (Nov. 2, 1940).
Edmonston (Oct. 24, 1940).
Fairmont Heights (Oct. 24, 1940).
Forest Heights (April 22, 1949).
Frederick County (May 31, 1991).
Garrett Park (Oct. 2, 1940).
Glenarden (May 21, 1941).
Glen Echo (Oct. 22, 1940).
Greenbelt (Oct. 4, 1940).
Howard County (April 25, 1974).
Hyattsville (Sept. 20, 1940).
Kensington (Nov. 8, 1940).
Landover Hills (May 5, 1945).
Martin's Additions, Village of (Feb. 13, 1941).
Montgomery County (April 30, 1964).
Morningside (May 19, 1949).
Mount Rainier (Nov. 22, 1940).
New Carrollton (July 7, 1981).
North Beach (Sept. 20, 1940).
North Brentwood (May 6, 1941).
North Chevy Chase (July 22, 1942).
Northwest Park (Feb. 17, 1943).
Prince George's County (June 19, 1962).
Riverdale (Sept. 26, 1940).
Rockville (April 15, 1948).
St. Mary's County (March 2, 1998).
Seat Pleasant (Aug. 31, 1942).
Somerset (Nov. 22, 1940).
Takoma Park (Oct. 22, 1940).
University Park (Jan. 18, 1941).
Washington Grove (April 5, 1941).
In Virginia
Alexandria (April 15, 1941).
Arlington County (Sept. 9, 1940).
Clifton (July 14, 1941).
Fairfax, City of (Feb. 9, 1954).
Fairfax County (Nov. 10, 1949).
Falls Church (June 6, 1941).
Herndon (April 7, 1945).
Loudoun County (Oct. 1, 1971).
Manassas (Jan. 8, 1980).
Manassas Park (March 4, 1980).
Portsmouth (Feb. 27, 1958).
Prince William County (Feb. 14, 1967).
Spotsylvania County (March 2, 1998).
Stafford County (Nov. 2, 1979).
Vienna (March 18, 1946).
Other Municipalities
Anchorage, Alaska (Dec. 29, 1947).
Benicia, Calif. (Feb. 20, 1948).
Bremerton, Wash. (Feb. 27, 1946).
Centerville, Ga. (Sept. 16, 1971).
Crane, Ind. (Aug. 3, 1967).
Elmer City, Wash. (Oct. 28, 1947).
Huachuca City, Ariz. (April 9, 1959).
New Johnsonville, Tenn. (April 26, 1956).
Norris, Tenn. (May 6, 1959).
Port Orchard, Wash. (Feb. 27, 1946).
Sierra Vista, Ariz. (Oct. 5, 1955).
Warner Robins, Ga. (March 19, 1948).
[FR Doc. 98-2277 Filed 1-29-98; 8:45 am]
BILLING CODE 6325-01-M
