Political Activity: Federal Employees Residing in Designated Localities

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