[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR734.306]

[Page 44-45]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 734_POLITICAL ACTIVITIES OF FEDERAL EMPLOYEES--Table of Contents
 
                     Subpart C_Prohibited Activities
 
Sec. 734.306  Participation in political activities while on duty, in 
uniform, in any room or building occupied in the discharge of official 
duties, or using a Federal vehicle.

    (a) An employee may not participate in political activities subject 
to the provisions of subpart E of this part:
    (1) While he or she is on duty;
    (2) While he or she is wearing a uniform, badge, insignia, or other 
similar item that identifies the employing agency or instrumentality or 
the position of the employee;
    (3) While he or she is in any room or building occupied in the 
discharge of official duties by an individual employed or holding office 
in the Government of the United States or any agency or instrumentality 
thereof; or
    (4) While using a Government-owned or leased vehicle or while using 
a privately-owned vehicle in the discharge of official duties.
    (b) The prohibitions in paragraph (a) of this section do not apply 
to employees covered under subpart E of this part.
    Example 1: While on leave without pay, an employee is not subject to 
the prohibition in Sec. 734.306(a)(1) because he or she is not on duty. 
However, while on leave without pay, the employee remains subject to the 
other prohibitions in subpart C.
    Example 2: A Postal Service employee who uses her private vehicle to 
deliver mail may place a political bumper sticker on the vehicle, as 
long as she covers the bumper sticker while she is on duty.
    Example 3: An employee who uses his or her privately owned vehicle 
on a recurrent basis for official business may place a partisan 
political bumper sticker on the vehicle, as long as he or she covers the 
bumper sticker while the vehicle is being used for official duties.
    Example 4: An employee who uses his or her privately owned vehicle 
on official business, must cover any partisan political bumper sticker 
while the vehicle is being used for official duties, if the vehicle is 
clearly identified as being on official business.
    Example 5: A noncareer member of the Senior Executive Service, or 
any other employee covered by this subpart, who uses his or her 
privately owned vehicle only on an occasional basis to drive to another 
Federal agency for a meeting, or to take a training course, is not 
required to cover a partisan political bumper sticker on his or her 
vehicle.
    Example 6: An employee may not place a partisan political bumper 
sticker on any Government owned or Government leased vehicle.
    Example 7: An employee may place a bumper sticker on his or her 
privately owned vehicle and park his or her vehicle in a parking lot of 
an agency or instrumentality of the United States Government or in a 
non-Federal facility for which the employee receives a subsidy from his 
or her employing agency or instrumentality.
    Example 8: When an agency or instrumentality of the United States 
Government leases offices in a commercial building and that building 
includes the headquarters of a candidate for partisan political office, 
an employee of that agency or instrumentality may do volunteer work, 
when he or she is not on duty, at the candidate's headquarters and in 
other areas of the building that have not been leased by the Government.
    Example 9: A Government agency or instrumentality leases all of the 
space in a commercial building; employees may not participate in 
political activity in the public areas of the leased building.
    Example 10: An employee of the National Aeronautics and Space 
Administration (NASA) may not engage in political activities while 
wearing a NASA flight patch, NASA twenty-year pin or anything with an 
official NASA insignia.
    Example 11: If a political event begins while an employee is on duty 
and continues into the time when he or she is not on duty, the employee 
must wait until he or she is not on duty to attend the event. 
Alternatively, an employee may request annual leave to attend the 
political event when it begins.
    Example 12: Officials of labor organizations who have been given 
official time to perform representational duties are on duty.
    Example 13: An employee may stuff envelopes for a mailing on behalf 
of a candidate for partisan political office while the employee is 
sitting in the park during his or her lunch period if he or she is not 
considered to be on duty during his or her lunch period.
    Example 14: An employee who works at home may engage in political 
activities at home when he or she is not in a pay status or representing 
the Government in an official capacity.
    Example 15: An employee who is appointed by the President by and 
with the advice and consent of the Senate (PAS) may attend a political 
event with an non-PAS employee

[[Page 45]]

whose official duties do not require accompanying the PAS as long as the 
non-PAS employee is not on duty.
    Example 16: A noncareer member of the Senior Executive Service, or 
any other employee covered by this subpart, may not wear partisan 
political buttons or display partisan political pictures, signs, 
stickers, or badges while he or she is on duty or at his or her place of 
work.
    Example 17: An employee may not engage in political activity in the 
cafeteria of a Federal building, even if the cafeteria is in space 
leased by a contractor.
    Example 18: An employee who contributes financially to a political 
action committee through a voluntary allotment made under Sec. 
550.311(b) of this title may not complete the direct deposit forms while 
he or she is on duty, in a ``room or building'' defined in Sec. 734.101 
or in a Federally owned or leased vehicle.
    Example 19: An employee who contributes financially to a political 
action committee through a voluntary allotment may not personally 
deliver his or her completed direct deposit form, or the completed 
direct deposit form of another employee, to the payroll employees who 
would process or administer such forms. However, the employee may mail 
his or her direct deposit form to his or her agency payroll office.

[59 FR 48769, Sept. 23, 1994, as amended at 61 FR 35101, July 5, 1996]