[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: 5CFR734.502]

[Page 55-56]
 
                    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;

[[Page 56]]

    (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.
    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]