[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: 5CFR734.502]



[Page 51-52]

 

                    TITLE 5--ADMINISTRATIVE PERSONNEL

 

          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)

 

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

 

  Subpart E_Special Provisions for Certain Presidential Appointees and 

 Employees Paid from the Appropriation for the Executive Office of the 

                                President

 

Sec. 734.502  Participation in political activity while on duty, in 

uniform, in any room or building occupied in the discharge of official 

duties, or using a Federal vehicle.



    (a) This section applies to an employee:

    (1) The duties and responsibilities of whose position continue 

outside normal duty hours and while away from the normal duty post; and

    (2) Who is--

    (i) An employee paid from an appropriation for the Executive Office 

of President; or

    (ii) An employee appointed by the President by and with the advice 

and consent of the Senate whose position is located within the United 

States, who determines policies to be pursued by the United States in 

relations with foreign powers or in the nationwide administration of 

Federal laws;

    (b) For the purposes of this subpart, normal duty hours and normal 

duty post will be determined by the head of each agency or 

instrumentality of the United States or District of Columbia Government.

    (c) An employee described in paragraph (a) of this section may 

participate, subject to any restrictions that may be imposed in 

accordance with Sec. 734.104, 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 agency or instrumentality of the United States Government 

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, to whom subpart E of this part does not apply, who 

is not on duty may participate in political activities in rooms of the 

White House or 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.



    Example 1: An Inspector General is appointed under the Inspector 

General Act of 1978, as amended. According to section 3(c) of that Act, 

he or she does not qualify as an employee who determines policies to be 

pursued by the United States in the nationwide administration of Federal 

laws. therefore, he or she may not participate in political activities 

while on duty, while wearing a uniform, badge, or insignia that 

identifies his or her office or position, while in any room or building 

occupied in the discharge of official duties, or while using a 

Government-owned or leased vehicle or while using a privately-owned 

vehicle in the discharge of official duties.

    Example 2: An employee who is covered by this subpart and wears a 

uniform as an incident of her office may wear the uniform while she is 

giving a speech at a political fundraiser.

    Example 3: The head of an executive department may hold a partisan 

political meeting or host a reception which is not a fundraiser in his 

conference room during normal business hours.



[[Page 52]]



    Example 4: An employee accompanies the Secretary of Transportation 

to a political party convention as part of the Secretary's security or 

administrative detail. The employee is considered to be on duty while 

protecting or performing official duties for the Secretary regardless of 

the nature of the function that the Secretary is attending.

    Example 5: An American Ambassador overseas obtains authorization 

from the Department of State to depart post in order to take a vacation 

away from post. During the period she is authorized to be on vacation 

away from post, she is not considered to be on duty for the purpose of 

the Hatch Act Reform Amendments and may engage in any political activity 

permitted under the Hatch Act Reform Amendments of 1993.



[59 FR 48769, Sept. 23, 1994, as amended at 61 FR 35102, July 5, 1996]