[Federal Register Volume 59, Number 24 (Friday, February 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2763]


  Federal Register / Vol. 59, No. 24 / Friday, February 4, 1994 /
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[[Page Unknown]]

[Federal Register: February 4, 1994]


                                                    VOL. 59, NO. 24

                                           Friday, February 4, 1994
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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 733

RIN 3206-AF78

 

Political Activity of Federal Employees

AGENCY: Office of Personnel Management.

ACTION: Interim regulations with request for comments.

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SUMMARY: The Office of Personnel Management (OPM) is issuing interim 
regulations concerning the political activities of Federal employees to 
reflect changes resulting from the Hatch Act Reform Amendments of 1993, 
which President Clinton signed on October 6, 1993. The scope of these 
interim regulations is limited to matters concerning exemptions for 
employees residing in certain localities, from the prohibitions 
specified in the amended 5 U.S.C. 7323(a) (2) and (3) on candidacy for 
partisan political office and on soliciting, accepting, or receiving 
political contributions.

DATES: Effective date: February 3, 1994. Comments must be received on 
or before April 4, 1994.

ADDRESSES: Send written comments to Lorraine Lewis, General Counsel, 
Office of Personnel Management, room 7355, 1900 E Street, NW., 
Washington, DC 20415.

FOR FURTHER INFORMATION CONTACT:
Jo-Ann Chabot or Gail Goldberg, (202) 606-1700.

SUPPLEMENTARY INFORMATION: Pursuant to section 553(b)(3)(B) of title 5, 
United States Code, the Director finds that good cause exists for 
waiving the general notice of proposed rulemaking. The notice is being 
waived because of the limited time in which to issue regulations, and 
OPM's desire that current partial exemptions for the Federally employed 
residents of designated localities continue in effect without 
interruption.
    The Hatch Act Reform Amendments of 1993, Public Law 103-94, 
specifically authorize OPM to issue regulations on the political 
activities of Federal employees with regard to the matters specified in 
5 U.S.C. 7325, as amended, concerning Federal employees' participation 
in local elections of certain localities in which they reside. Section 
12(a) of the Reform Amendments provides that the regulatory authority 
granted by the amended 5 U.S.C. 7325 shall take effect on the date of 
the enactment of the Amendments.
    The title of Part 733 has been changed accordingly to reflect that 
the interim regulations concern the political activity of Federal 
employees who reside in designated localities. The authority statement 
also has been changed to show that OPM's authority to issue these 
regulations is 5 U.S.C. 7325, as amended. Section 733.101 of the 
interim regulations includes definitions of ``employee,'' ``political 
contribution,'' and ``partisan political office'' which correspond with 
the definitions in the Reform Amendments. The definition of 
``employee'' further reflects that employees of the United States 
Postal Service and the Postal Rate Commission specifically are covered 
under the Reform Amendments.
    The Reform Amendments permit active participation in partisan 
political activities but prohibit employees from seeking public office 
in partisan elections. Although the Reform Amendments authorize OPM to 
issue regulations permitting employees to run as partisan political 
candidates for local office, section 10 of the Amendments reflects the 
intent of the Senate that employees should not be authorized to run for 
a local partisan political office, except as expressly provided under 
current law.
    The Hatch Act, at 5 U.S.C. 7327, currently authorizes OPM to 
prescribe regulations permitting the Federally employed residents of 
designated localities to participate actively in local partisan 
elections, and does not require employees to run as independent 
candidates in these elections. However, regulations promulgated under 
the Hatch Act included this requirement. In view of section 10 of the 
Reform Amendments, OPM believes that candidacy for partisan political 
office in local elections should be limited to independent candidacies. 
Paragraph (a)(1) of Sec. 733.102 of the interim regulations accordingly 
permits employees who reside in designated localities to run for 
partisan political office in local elections, but only as independent 
candidates.
    Paragraph (a)(2) of Sec. 733.102 permits these employees to accept 
or receive political contributions in connection with partisan 
elections for local public office. In view of the intent of the Senate 
that Federal employees should not be permitted to solicit political 
contributions from the general public, OPM has prohibited the 
solicitation of political contributions from the general public in 
paragraph (b). Paragraph (c) specifies that candidacy for, and service 
in, a partisan political office shall not result in neglect of, or 
interference with, the performance of the duties of the employee or 
create a conflict, or apparent conflict, of interest. Paragraph (d) 
specifies the conditions under which OPM may designate localities in 
which employees may participate more actively in local partisan 
elections, and also incorporates the existing list of designated 
localities.
    Although the Reform Amendments permit most Federal employees to 
participate actively in political management or in political campaigns, 
Federal employees in specified agencies and offices are prohibited from 
such participation. Therefore, Sec. 733.103 of the interim regulations 
excludes these employees from coverage under part 733.
    Finally, subparts B and C are removed from the part 733 because 
they clearly are outdated. Subpart B concerns violations of the Hatch 
Act by excepted service employees, and subpart C applies the Hatch 
Act's prohibitions to Postal Service employees.

E.O. 12291, Federal Regulation

    I have determined that this is not a major rule as defined under 
section 1(b) of E.O. 12291, Federal Regulation.

Regulatory Flexibility Act

    I certify that these regulations will not have a significant 
economic impact on a substantial number of small entities because they 
relate to internal personnel matters within the Federal Government.

List of Subjects in 5 CFR Part 733

    Political activities (Federal employees).

U.S. Office of Personnel Management.
Lorraine A. Green,
Deputy Director.

    Accordingly, the Office of Personnel Management is revising 5 CFR 
part 733 to read as follows:

PART 733--POLITICAL ACTIVITY--FEDERAL EMPLOYEES RESIDING IN 
DESIGNATED LOCALITIES

Sec.
733.101  Definitions.
733.102  Political activities permitted--employees residing in 
designated localities.
733.103  Exclusion of employees in certain agencies and offices.

    Authority: 5 U.S.C. 7325.


Sec. 733.101  Definitions.

    In this part:
    Employee means:
    Any individual (other than the President, the Vice President, or a 
member of the uniformed services) employed or holding office in--
    (1) An Executive agency other than the General Accounting Office;
    (2) A position within the competitive service which is not in an 
Executive agency;
    (3) The government of the District of Columbia, other than the 
Mayor or a member of the City Council or the Recorder of Deeds; or
    (4) The United States Postal Service or the Postal Rate Commission.
    Partisan political office means any office for which any candidate 
is nominated or elected as representing a party any of whose candidates 
for Presidential elector received votes in the last preceding election 
at which Presidential electors were selected, but does not include any 
office or position within a political party or affiliated organization.
    Political contribution means any gift, subscription, loan, advance, 
or deposit of money or anything of value, made for any political 
purpose. A political contribution includes:
    (1) Any contract, promise, or agreement, express or implied, 
whether or not legally enforceable, to make a contribution for any 
political purpose;
    (2) Any payment by any person, other than a candidate or a 
political party or affiliated organization, of compensation for the 
personal services of another person which are rendered to any candidate 
or political party or affiliated organization without charge for any 
political purpose; and
    (3) The provision of personal services for any political purpose.


Sec. 733.102  Political activities permitted--employees residing in 
designated localities.

    (a) Employees who reside in a municipality or political subdivision 
designated by OPM under paragraph (d) of this section may:
    (1) Run as independent candidates for election to partisan 
political office in elections for local offices of the municipality or 
political subdivision; and
    (2) Accept or receive political contributions in connection with 
the local elections of the municipality or political subdivision.
    (b) Employees may not solicit political contributions from the 
general public.
    (c) Candidacy for, and service in, a partisan political office 
shall not result in neglect of, or interference with, the performance 
of the duties of the employee or create a conflict, or apparent 
confict, of interest.
    (d) OPM may designate a municipality or political subdivision in 
Maryland or Virginia in the immediate vicinity of the District of 
Columbia, or a municipality in which the majority of voters are 
employed by the Government of the United States, when OPM determines 
that, because of special or unusual circumstances, it is in the 
domestic interest of employees to participate in local elections. 
Information as to the documentation required to support a request for 
designation is furnished by the General Counsel of OPM on request. The 
following municipalities and political subdivisions have been 
designated, effective on the day specified:

In Maryland

Annapolis (May 16, 1941).
Anne Arundel County (March 14, 1973).
Berwyn Heights (June 15, 1944).
Bethesda (Feb. 17, 1943).
Bladensburg (Apr. 20, 1942).
Bowie (Apr. 11, 1952).
Brentwood (Sept. 26, 1940).
Calvert County (June 18, 1992).
Capitol Heights (Nov. 12, 1940).
Cheverly (Dec. 18, 1940).
Chevy Chase, Martin's Additions 1, 2, 3, and 4 (Feb. 13, 1941).
Chevy Chase, section 1 and 2 (Mar. 4, 1941).
Chevy Chase, section 3 (Oct. 8, 1940).
Chevy Chase, section 4 (Oct. 2, 1940).
Chevy Chase View (Feb. 26, 1941).
College Park (June 13, 1945).
Cottage City (Jan. 15, 1941).
District Heights (Nov. 2, 1940).
Edmonston (Oct. 24, 1940).
Fairmont Heights (Oct. 24, 1940).
Forest Heights (Apr. 22, 1949).
Frederick County (May 31, 1991).
Garrett Park (Oct. 2, 1940).
Glenarden (May 21, 1941).
Glen Echo (Oct. 22, 1940).
Greenbelt (Oct. 4, 1940).
Howard County (Apr. 25, 1974).
Hyattsville (Sept. 20, 1940).
Kensington (Nov. 8, 1940).
Landover Hills (May 5, 1945).
Montgomery County (Apr. 30, 1964).
Morningside (May 19, 1949).
Mount Rainier (Nov. 22, 1940).
New Carrollton (July 7, 1981).
North Beach (Sept. 20, 1940).
North Brentwood (May 6, 1941).
North Chevy Chase (July 22, 1942).
Northwest Park (Feb. 17, 1943).
Prince Georges County (June 19, 1962).
Riverdale (Sept. 26, 1940).
Rockville (Apr. 15, 1948).
Seat Pleasant (Aug. 31, 1942).
Somerset (Nov. 22, 1940).
Takoma Park (Oct. 22, 1940).
University Park (Jan. 18, 1941).
Washington Grove (Apr. 5, 1941).

In Virginia

Alexandria (Apr. 15, 1941).
Arlington County (Sept. 9, 1940).
Clifton (July 14, 1941).
Fairfax, Town of (Feb. 9, 1954).
Fairfax County (Nov. 10, 1949).
Falls Church (June 6, 1941).
Herndon (Apr. 7, 1945).
Loudoun County (Oct. 1, 1971).
Manassas (Jan. 8, 1980).
Manassas Park (Mar. 4, 1980).
Portsmouth (Feb. 27, 1958).
Prince William County (Feb. 14, 1967).
Stafford County (Nov. 2, 1979).
Vienna (Mar. 18, 1946).

Other Municipalities

Anchorage, Alaska (Dec. 29, 1947).
Benicia, Calif. (Feb. 20, 1948).
Bremerton, Wash. (Feb. 27, 1946).
Centerville, Ga. (Sept. 16, 1971).
Crane, Ind. (Aug. 3, 1967).
District of Columbia (July 5, 1977).
Elmer City, Wash. (Oct. 28, 1947).
Huachuca City, Ariz. (Apr. 9, 1959).
New Johnsonville, Tenn. (Apr. 26, 1956).
Norris, Tenn. (May 6, 1959).
Port Orchard, Wash. (Feb. 27, 1946).
Sierra Vista, Ariz. (Oct. 5, 1955).
Warner Robins, Ga. (Mar. 19, 1948).


Sec. 733.103  Exclusion of employees in certain agencies and offices.

    Employees in the following agencies or offices (except employees 
appointed by the President, by and with the advice and consent of the 
Senate) specifically are excluded from coverage under the provisions of 
part 733:
    (a) Federal Election Commission;
    (b) Federal Bureau of Investigation;
    (c) Secret Service;
    (d) Central Intelligence Agency;
    (e) National Security Council;
    (f) National Security Agency;
    (g) Defense Intelligence Agency;
    (h) Merit Systems Protection Board;
    (i) Office of Special Counsel;
    (j) Office of Criminal Investigation of the Internal Revenue 
Service;
    (k) Office of Investigative Programs of the United States Customs 
Service;
    (l) Office of Law Enforcement of the Bureau of Alcohol, Tobacco, 
and Firearms;
    (m) Criminal Division of the Department of Justice;
    (n) Career appointees in the Senior Executive Service;
    (o) Administrative law judges; and
    (p) Contract appeals board members described in 5 U.S.C. 5372a.

[FR Doc. 94-2763 Filed 2-2-94; 4:02 pm]
BILLING CODE 6325-01-M