[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR734.208]

[Page 48-49]
 
                    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.

    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

[[Page 49]]

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]