[Code of Federal Regulations]

[Title 5, Volume 2]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 5CFR734.208]



[Page 43-44]

 

                    TITLE 5--ADMINISTRATIVE PERSONNEL

 

          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)

 

PART 734_POLITICAL ACTIVITIES OF FEDERAL EMPLOYEES--Table of Contents

 

                     Subpart B_Permitted Activities

 

Sec. 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 Sec. 734.306, an employee may make 

a financial contribution to a political action committee through a 

voluntary allotment made under Sec. 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.





[[Page 44]]





    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 Sec. 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 Sec. 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 worn-out 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 

Sec. 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]