[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: 5CFR734.305]



[Page 45-46]

 

                    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. 734.305  Soliciting or discouraging the political participation 

of certain persons.



    (a) An employee may not knowingly solicit or discourage the 

participation in any political activity of any person who has an 

application for any compensation grant, contract, ruling, license, 

permit, or certificate pending before the employee's employing office.

    (b) An employee may not knowingly solicit or discourage the 

participation in any political activity of any person who is the subject 

of, or a participant in, an ongoing audit, investigation, or enforcement 

action being carried out by the employee's employing office.

    (c) Each agency or instrumentality of the United States or District 

of Columbia Government shall determine when a matter is pending and 

ongoing within employing offices of the agency or instrumentality for 

the purposes of this part.



    Example 1: An employee with agency-wide responsibility may address a 

large, diverse group to seek support for a partisan political candidate 

as long as the group has not been specifically targeted as having 

matters before the employing office.

    Example 2: An employee of the Federal Deposit Insurance Corporation 

(FDIC) may not solicit or discourage the participation of an insured 

financial institution or its employees if the institution is undergoing 

examination by the FDIC.



[[Page 46]]



    Example 3: An employee of the Food and Drug Administration may 

address a banquet for a partisan political candidate which is sponsored 

by the candidate's campaign committee, even though the audience includes 

three individuals who are employed by or are officials of a 

pharmaceutical company. However, she may not deliver the address if the 

banquet is sponsored by a lobbying group for pharmaceutical companies, 

of if she knows that the audience will be composed primarily of 

employees or officials of such companies.