[Federal Register Volume 59, Number 184 (Friday, September 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23395]


  Federal Register / Vol. 59, No. 184 / Friday, September 23, 1994 /
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[[Page Unknown]]

[Federal Register: September 23, 1994]


                                                   VOL. 59, NO. 184

                                         Friday, September 23, 1994

OFFICE OF PERSONNEL MANAGEMENT

RIN 3206-AG07

5 CFR Part 734

 

Political Activities 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 regarding the political activities of Federal employees. On 
October 6, 1993, the President signed the Hatch Act Reform Amendments 
of 1993. The Amendments became effective on February 3, 1994, and OPM 
has the authority to issue regulations under the Amendments. The 
interim regulations will inform Federal employees of the political 
activities which generally are permitted and prohibited under the 
Amendments. Federal employees also should refer to OPM's interim 
regulations at part 733, published in the Federal Register in the 
February 22, 1994 edition, regarding permitted and prohibited political 
activities connected with local elections in the designated 
communities.

DATES: Effective Date: September 23, 1994.
    Comments must be received on or before November 22, 1994.

ADDRESSES: Comments may be sent or delivered to Lorraine Lewis, General 
Counsel, Room 7355, United States Office of Personnel Management, 1900 
E Street NW., Washington, DC 20415.

FOR FURTHER INFORMATION CONTACT: Jo-Ann Chabot or Karen D. Kline at 
(202) 606-1700.

SUPPLEMENTARY INFORMATION:  Pursuant to section 553(b)(3) of title 5, 
United States Code, the Director finds that good cause exits for 
waiving the general notice of proposed rulemaking. The notice is being 
waived because, in view of the statutory penalties which result from 
violations of the Amendments' prohibitions, it is crucial for employees 
who are covered under the Amendments to know about the political 
activities which the Amendments permit and prohibit.
     While these regulations were being written, OPM received several 
suggestions from individuals, several Federal labor organizations, and 
many Federal agencies on issues that might be addressed through the 
regulations. Many of the comments and suggestions concerned similar or 
identical issues, and these issues have been addressed in the 
regulations. Issues which could not be addressed in the regulations are 
discussed in this summary.
    Part 734 is divided into several subparts for purposes of clarity. 
Subpart A--General Provisions includes definitions as well as 
jurisdictional and reporting provisions.
    Section 734.101 in subpart A defines the terms which are most 
frequently used in OPM's political activity regulations. The 
definitions of employee and partisan political office in Sec. 734.101 
track the statutory definitions of these terms.
    The Amendments indirectly define the terms ``Federal labor 
organization'' and ``multicandidate political committee'' by referring 
to other statutory provisions which provide a detailed definition of 
these terms. Section 734.101 similarly defines these terms by 
incorporating the statutory references cited in the Amendments. Because 
of the complex structural organizations of the various agencies and 
instrumentalities of the United States and District of Columbia 
Government it would be difficult to adopt a comprehensive definition of 
``employing office.'' Therefore, Sec. 734.101 specifies that the head 
of each agency or instrumentality shall determine the appropriate 
employing offices within it and provide notice to employees through 
internal agency notice procedures. Identification of such employing 
offices is distinct from, and need not coincide with, those established 
for any other purpose.
    The definition of ``Federal employee organization'' is in 
conformance with the definition of ``Federal employee organization'' in 
Executive Order 10988, January 17, 1962 which was revoked by Executive 
Order 11491 and reflects that this term refers to nonprofit 
associations or organizations which are composed of Federal employees. 
The Amendments specifically tie the concept of Federal labor 
organization to the definition of labor organization in 5 U.S.C. 
7103(a)(4). Because employees of the District of Columbia are not 
Federal employees, and their labor organizations are not covered under 
5 U.S.C. Chapter 71, the definitions of the terms ``Federal labor 
organizations'' and ``Federal employee organization'' do not include 
such organizations comprised of employees of the District of Columbia.
    Several Federal labor organizations and one agency raised the issue 
of what constitutes a ``political contribution'' commenting that the 
Amendments not only allow Federal employees to volunteer their services 
to campaigns, but also allow Federal employees to direct and solicit 
other volunteers. In their view, this comports with the fundamental 
purpose of the Amendments. These commentators felt that volunteer 
services under the Amendments should be treated the same as under 
Federal election law--i.e., they are not considered ``political 
contributions.'' In a letter dated September 7, 1994, Senator John 
Glenn and Representative William L. Clay, the Chairmen of the 
respective committees of jurisdiction, opined that ``as the sponsors 
and managers of this legislation in the House and Senate, [we] never 
intended that routine campaign volunteer activities should be treated 
as political contributions.''
    Clearly this is an issue that goes to the heart of the Amendments. 
The explicit purpose of the Amendments is to ``provide for Federal 
civilian employees to participate voluntarily, as private citizens, in 
the political processes of the Nation and to protect such employees and 
the General citizenry from improper political solicitations.'' S. Rep. 
No. 57, 103 Cong., 1st Sess., at 1 (1993). In particular, the 
Amendments allow a Federal employee to manage a campaign. The issue 
raised by these commentators is whether the allowable political 
activities encompass Federal employees directing and soliciting 
volunteer services. The commentators argue that to conclude in the 
negative would be contrary to the purpose of the Amendments. One 
commentator noted, ``[I]nterpreting the term `personal services' to 
include the activities of these sorts of campaign volunteers would 
seriously undermine Congressional intent to allow Federal employees 
greater freedom to participate in the political process. In fact, that 
interpretation could entirely negate certain rights the Act explicitly 
grants. Thus, for example, the Act generally authorized Federal 
employees to `take an active part in political management or in 
political campaigns.' An individual could not, as a practical matter, 
manage a campaign if he or she were precluded from soliciting, 
accepting, or even receiving, the help of volunteers.'' Another 
commentator stated that prohibiting solicitation of volunteer services 
``not only thwarts the intent of Hatch Act Reform, it would clearly 
render (the Act) internally inconsistent.'' Finally, Chairmen Glenn and 
Clay provided, ``It was, and remains, our intention that the term 
`political contribution' be defined in a manner that does not render 
meaningless the language of the Act intended to protect the ability of 
Federal employees to take an active part in political management or in 
political campaigns.''
    In light of the absence of a conference report, the interpretation 
espoused by Chairmen Glenn and Clay is logical and deserving of 
deference. In order to implement the intent of the Amendments to allow 
Federal employees to participate actively in political management and 
campaigns, the definition of ``political contribution'' in Sec. 734.101 
tracks the statutory definition of this term, with one significant 
addition. The regulations specify that individualized uncompensated 
volunteer services are not a ``thing of value'' and are excluded from 
the definition of ``political contribution.'' This exclusion of 
individualized uncompensated volunteer services from the definition of 
``political contribution'' directly parallels the definition of 
``contribution'' found in the Federal Election Campaign Act. 2 U.S.C. 
431.
    Under this definition, the ``personal services'' which are included 
in the definition of ``political contribution'' are those paid or 
unpaid services of a business or corporation. The Amendments' 
distinction of individualized uncompensated volunteer services from 
services provided by a business or corporation, thus, mirrors the 
distinction contained in the Federal Election Campaign law.
    By excluding individualized volunteer services from the definition 
of ``political contribution,'' the regulations allow Federal employees 
to solicit, accept, and receive individualized volunteer services as 
well as direct or supervise those volunteers. This definition allows 
the Amendments' inclusion of personal services, paid or unpaid, to be 
read in the context of the explicitly permissible activities.
    Although Federal employees are allowed to solicit, accept, and 
receive individualized uncompensated volunteer services, the 
regulations prohibit Federal employees from soliciting, accepting, or 
receiving such services from subordinates. Further solicitation, 
acceptance, or receipt of such services must comply with the Standards 
of Ethical Conduct for Employees of the Executive Branch in 5 CFR part 
2635, as well as any other directives that may apply, e.g., the Federal 
Property Management Regulations in 41 CFR chapter 101.
    In connection with political contributions, section 734.101 also 
defines the terms ``accept'' and ``receive.'' These definitions cover 
only the acts of accepting or receiving something from a person 
officially on behalf of a candidate, campaign, a political party, or a 
partisan political group. Ministerial activities which precede or 
follow the official acceptance and receipt, such as handling, 
disbursing, or accounting for contributions are not covered under the 
definitions of ``accept'' and ``receive.'' The Amendments specifically 
prohibit covered employees from ``knowingly'' soliciting political 
contributions. Thus, Sec. 734.101 of the interim regulations also 
defines ``solicit'' as expressly requesting of another person that he 
or she contribute something to a candidate, a campaign, a political 
party, or partisan political group.
    Section 734.101 defines the term ``on duty'' because the concept is 
central to the political activity prohibition for most employees. The 
definition provides that an employee is on duty when in a pay status 
(i.e., when receiving pay for hours of duty) or when representing the 
United States Government or District of Columbia Government in an 
official capacity. The definition provides that for the purposes of 
this part, an employee is not considered to be in a pay status when in 
a paid leave status, using compensatory time off, using credit hours 
earned in an alternative work schedule, using time off granted as an 
incentive award, or excused absence because the employee is free to 
spend the time off as he or she chooses. Similarly, an employee 
receiving premium pay for standby duty is considered to be in a pay 
status for those hours, while an employee in an unpaid, on-call status 
is not in a pay status. Further, when an employee performs work that is 
recognized as overtime work under title 5 of the United States Code, 
the Fair Labor Standards Act, or similar statute, the employee is 
considered to be in a pay status, even if under some circumstances the 
employee is prevented from receiving pay or compensatory time off for 
that work (e.g., due to the biweekly pay limitation under 5 U.S.C. 
5547).
    The definition provides a second criterion in order to accommodate 
those employees who are not in a leave system. For purposes of this 
part, employees who are not covered by a leave system are considered to 
be on duty when they are representing the United States Government or 
District of Columbia Government in an official capacity.
    Several parties have inquired as to whether an employee is on duty 
when in a leave without pay status. Since an employee is not in a pay 
status on leave without pay, he or she is not on duty. Other parties 
have asked about retention of life, health, and retirement benefits on 
leave without pay. OPM regulations concerning leave, pay, and 
retirement govern these issues.
    One agency asked about the possibility of granting excused absence 
(currently described in subchapter 11 of Federal Personnel Manual 
Chapter 630 and colloquially referred to as ``administrative leave'') 
for purposes of engaging in political activities or political 
management. OPM believes that an agency's granting such excused absence 
for the purposes of engaging in political activities or political 
management is not appropriate.
    Section 734.102(a) reflects that the United States Office of 
Special Counsel is authorized to investigate and prosecute alleged 
violations of the Amendments, and issue advisory opinions regarding 
permitted and prohibited political activities. It also provides the 
address and telephone numbers of that Federal agency for employees who 
seek advisory opinions. Section 734.102(b) reflects that the United 
States Merit Systems Protection Board determines when a violation of 
the Amendments has occurred, and describes the penalties for a 
violation. Section 734.102(c) reflects that the Office of Personnel 
Management is authorized to issue regulations concerning the political 
activities which the Amendments permit and prohibit. The authority of 
OPM to issue such regulations was affirmed by the Office of Legal 
Counsel of the Department of Justice on February 3, 1994.
    Section 734.103 provides the criteria that multicandidate political 
committees must meet to be recognized as a multicandidate political 
committee of a Federal labor organization or Federal employee 
organization. One party suggested that OPM include in its regulations a 
list of allowable multicandiate political committees. OPM has not 
included a list of such committees in its interim regulations, but will 
consider publishing a list as a notice in the Federal Register at a 
later date.
    Section 734.104 provides that employees covered under these 
regulations may not be further restricted except those employees who 
serve at the pleasure of the President of the United States.This 
provision is based upon an opinion of the Office of Legal Counsel of 
the Department of Justice. In an opinion dated September 20, 1994, the 
Office of Legal Counsel stated that ``an Administration may impose 
additional restrictions on its political appointees.'' With regard to 
an Administration's political appointments in the civil service, the 
Office opined:

    It would be inconsistent with the character of such appointments 
if the appointees were free to disregard or contradict the political 
positions of the Administration; we would not assume that Congress 
intended to make such a fundamental change in the nature of 
political appointments without having addressed the issues that 
would be raised by so significant an alteration. Indeed, if the 
amendments to the Hatch Act were interpreted to prevent an 
Administration from directing the political activities of even its 
high-level political appointees, the amendments would raise serious 
constitutional questions. In particular, we believe that any attempt 
by Congress to block political control over those appointed by the 
President with the advice and consent of the Senate would be highly 
dubious from a constitutional standpoint. The amendments should be 
interpreted in a manner that avoids these serious constitutional 
issues. Accordingly, we believe that the Office of Personnel 
Management's regulations may permit the further restriction of 
political activities by employees appointed by the President with 
the advice and consent of the Senate, employees appointed by the 
President, non-career Senior Executive Service members, Schedule C 
employees (appointed pursuant to 5 CFR 213.3301, 213.3302), and any 
other employees serving at the pleasure of the President. We 
understand that one context in which these questions may arise would 
be the desire of some agencies to require high-level appointees to 
refrain from partisan political activity. We express no view, of 
course, about whether further regulation of employees in all of 
these categories would be appropriate as a policy matter.

    In light of this binding opinion, the regulations permit the 
further proscription and restriction of employees who are appointed by 
the President by and with the advice and consent of the Senate, 
employees who are appointed by the President, non-career senior 
executive service members, Schedule C employees (appointed pursuant to 
5 CFR 213.3301, 213.3302) and any other employees who serve at the 
pleasure of the President. As a policy matter, it is left to the 
President of the United States, or any official specifically authorized 
by him, to decide whether such further proscriptions and restrictions 
are appropriate.
    Subpart B describes the political activities which are permitted 
for most covered employees under the Amendments, subject to the 
condition that political participation does not occur while an employee 
is on duty, in uniform, 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 using a vehicle owned 
or leased by the Government of the United States. Section 734.201, the 
first provision in subpart B, specifically excludes employees in 
certain agencies and positions who may not participate actively in 
partisan political activities and are covered under subpart D of the 
interim regulations. Permitted activities are grouped by category, with 
one section for each category, for ease of reference. Thus, 
Sec. 734.204 of the interim regulations concerns the permissible 
activities that are connected with participation in political 
organizations, Sec. 734.205 includes the activities that are connected 
with political campaigns, and Sec. 734.207 describes the only two 
instances where a Federal employee may run as a candidate for public 
office. A candidate who is running for public office in a nonpartisan 
election, or a Federal employee who is working on behalf of such a 
candidate, is not barred by the Amendments from soliciting political 
contributions for that candidate's campaign; however, such solicitation 
must comply with the Standards of Ethical Conduct for Employees of the 
Executive Branch in 5 CFR part 2635, as well as any other directives 
that may apply, e.g., the Federal Property Management Regulations in 41 
CFR chapter 101.
    Section 734.208 concerns participation in fundraising and permits 
employees who are covered under subparts B and C to make political 
contributions, attend political fundraisers, and solicit, accept, or 
receive political contributions from other employees who are members of 
the same Federal labor or employee organization. It does not extend to 
employees who are in the bargaining unit but are not members of the 
labor organization.
    Examples are provided at the end of most of the regulatory sections 
in subpart B. The examples apply the regulations to specific situations 
which are controlled by, but not directly addressed in, the 
regulations. An example which refers to a specific Federal agency is 
not limited to the employees of that agency, but applies to all 
employees who are covered under subpart B.
    Subpart C describes the political activities which are prohibited 
for most employees who are covered under the Amendments. Section 
734.301 specifically excludes employees in certain positions and 
agencies from coverage under subpart C because they are subject to the 
prohibitions described in subpart D of the interim regulations. Subpart 
C is similar in structure to subpart B with the prohibited activities 
grouped by category, one section for each category, and examples 
describing specific situations.
    Section 734.303 prohibits employees who are covered under subpart C 
from knowingly soliciting, accepting, or receiving political 
contributions. It also specifically links the prohibition to personal 
identification with fundraising activities because employees otherwise 
would be prohibited from a wide range of political activities, such as 
anonymously stuffing envelopes with campaign literature (which includes 
an appeal for political contributions) or giving a keynote speech at a 
fundraiser, that otherwise would be permitted. These activities do not 
present an employee with any opportunity to coerce other employees to 
make a political contribution or to become personally identified with 
any fundraising efforts and, therefore, should be permitted. 
Participation in phone bank solicitations is prohibited when political 
contributions are requested because it is a personal appeal for 
political contributions, even if it is done anonymously. However, if 
the phone bank solicitation involves only solicitation of 
individualized uncompensated volunteer services, then an employee is 
permitted to participate.
    In this connection, OPM received a suggestion that its regulations 
should prohibit well-known employees from speaking at fundraisers under 
any circumstances, while other employees should be permitted to make 
such speeches as long as their speeches did not include a solicitation 
for political contributions. Because the Amendments do not provide a 
statutory basis for a distinction between well-known and unknown 
employees, OPM has not included it in the interim regulations. 
Employees may speak at fundraisers regardless of whether they are well 
known or not.
    Section 734.304 of subpart C prohibits employees from running for 
the nomination or as a candidate for partisan political office, except 
as specified in Sec. 734.207. A party suggested that OPM's regulations 
describe the initial act which begins the nomination process for 
partisan political office. Because nomination procedures are different 
in Federal and State elections, and may vary from State to State, it 
would be virtually impossible to describe all of them in OPM's 
regulations. Therefore, identification of the first step of the 
nomination process must be done on a case by case basis.
    In connection with Sec. 734.304, a party wanted to know if there is 
any difference between the Hatch Act's prohibition on becoming a 
candidate for public office in a partisan election and the Amendments' 
prohibition on candidacy for partisan political office. The statutory 
definitions for these terms are virtually identical. Therefore, OPM 
believes that both terms prohibit the same activities.
    Section 734.306 in subpart C prohibits covered employees from 
participation in political activities while they are on duty, in 
uniform, driving a federally owned or leased vehicle, or in a room or 
building occupied by Federal employees who are performing their 
official duties. The prohibition is directly stated in the Amendments. 
Subsection (b) of Sec. 734.306 specifies that certain Presidential 
appointees and employees paid from the appropriation for the Executive 
Office of the President are excluded from the prohibition on political 
participation under these circumstances, and reflects the specific 
exclusion for these employees which appears in the Amendments. However, 
the regulations also specify that the political activity of these 
employees may be further proscribed or restricted.
    The prohibition on political participation while on duty or in 
uniform extends to employees of the Government of the District of 
Columbia. However, the Amendments and OPM's interim regulations do not 
prohibit employees of the District of Columbia from political 
participation, when they are off-duty and out of uniform, in buildings 
occupied in the discharge of official duties by an individual employed 
or holding office in the Government of the District of Columbia, or 
while using vehicles owned or leased by the District of Columbia.
    Section 734.307 in subpart C reminds employees who also are spouses 
or family members of candidates for public office or political party 
office that they are subject to the same prohibitions as other 
employees who are covered under subpart C.
    Several examples of specific activities have been included to give 
these employees a concrete idea of the boundaries of the permitted and 
prohibited activities for employees in these circumstances.
    Although the Amendments allow most employees to participate 
actively in partisan political activities, they prohibit employees in 
specified positions and agencies from such active participation. 
Subpart D of the regulations applies to these employees who are subject 
to the more restrictive prohibition. The regulatory list of the 
agencies and positions identified in Sec. 734.401(a) was taken directly 
from the Amendments. This list includes career members of the Senior 
Executive Service (SES) in all agencies, as well as noncareer members 
of the SES who work in the agencies or offices listed in 
Sec. 734.401(a). A party suggested that OPM include in its list of 
employees covered under subpart D other employees who are not SES 
members, but who are appointed to positions in equivalent executive 
systems. Section 734.401(a) does not include employees in equivalent 
executive systems because the Amendments do not include them in their 
list of employees who still are subject to the prohibition on active 
partisan political participation. Therefore, unless they are employed 
in an agency or office listed in Sec. 734.401(a), employees in 
equivalent executive systems are not covered under subpart D; they are 
covered under subparts B and C. It is OPM's position that, unless an 
employee is employed in an agency, office, or position listed in 
Sec. 734.401(a), the employee is covered under subparts B and C of part 
734; the heads of agencies or instrumentalities may not impose further 
restrictions upon employees covered under subparts B and C. There is 
only one circumstance where further proscription or restriction may be 
imposed--when the employee involved is appointed by the President with 
the advice and consent of the Senate, appointed by the President, a 
non-career Senior Executive Service member, a Schedule C employee, or 
any other employee who serves at the pleasure of the President.
    Section 734.401(b) excludes from coverage under subpart D employees 
appointed by the President, by and with the advice and consent of the 
Senate. This exclusion is specifically provided for in the Amendments. 
Subpart D is similar in structure to subparts A and B in grouping 
permitted and prohibited activities by category, with one section for 
each category, and examples describing specific situations.
    Sections 734.402 through 734.404 describe activities which are 
permitted for employees covered under subpart D. Sections 734.403 and 
734.404 include among these activities running for elective office in a 
nonpartisan election, and participating in the nonpartisan activities 
of a civil, community, social, labor, or professional organization.
    Section 734.405 specifically addresses the extent to which an 
employee who is covered under subpart D, and whose spouse or other 
family member runs for partisan office, may be involved in the 
candidate's campaign. It provides that such an employee may be included 
in photographs of the candidate's family which might appear in a 
political advertisement, broadcast, campaign literature, or similar 
material. Section 734.405 also reflects that an employee who is covered 
under subpart D may attend political functions and appear in television 
broadcasts with a spouse or family member who is a partisan candidate, 
but may not campaign actively for the candidate. It specifically is 
designed to resolve questions concerning employee participation in the 
campaigns of their spouses or family members who are partisan 
candidates for office.
    The prohibition on political activity which appears in the 
Amendments and applies to employees covered under subpart D tracks the 
Hatch Act's prohibition on participating actively in partisan political 
activities. Accordingly, a party wanted to know whether OPM had 
abolished its Hatch Act regulations. The interim regulations which OPM 
published in the Federal Register on February 4, 1994 were intended as 
a revision of 5 CFR part 733 and, therefore, superseded the Hatch Act 
regulations. However, most of the permitted and prohibited activities 
described in the Hatch Act regulations appear in subpart D of the 
interim regulations at part 734, although they also reflect the most 
recent judicial interpretations of the Hatch Act's prohibition in 
Blaylock v. United States Merit Systems Protection Board, 851 F.2d 1348 
(11th Cir. 1988) and Biller v. United States Merit Systems Protection 
Board, 863 F.2d 1079 (2d Cir. 1988).
    These cases involved three employees, each a national president of 
a public employee union, who wrote and published articles in their 
respective union newsletters criticizing the incumbent President of the 
United States and supporting the candidacy of his opponent. The courts 
in both cases concluded that the Hatch Act prohibited participation in 
``partisan'' political activities, and permitted public and private 
expressions of individual opinion. The courts also concluded that, to 
be considered ``partisan'' and in violation of the Hatch Act, the 
activity or expression must be done in concert with a political party, 
partisan political organization, or candidate for public office in a 
partisan election. They ruled that these officials did not violate the 
Hatch Act because their articles were expressions of individual opinion 
and not connected with a political party, partisan political group, or 
candidate for public office in a partisan election.
    According to these decisions, the Hatch Act permitted employees to 
express their individual opinions on political subjects and candidates, 
publicly and privately, orally or in writing, as long as the expression 
of opinion was not done in concert with a political party, partisan 
political group, or candidate for public office in a partisan election. 
The descriptions of prohibited activity in Secs. 734.410(d), 734.412 
(c) and (d), and 734.413 (b) and (c) reflect these decisions.
    The Amendments, with two exceptions, prohibit all covered employees 
from participating in political activities while on duty, in uniform, 
in a room or building occupied by Federal employees who are performing 
their official duties, or driving a Federally owned or leased vehicle. 
This prohibition is reflected in Sec. 734.407 and, through the examples 
in subpart D, covers an employee's wearing a button with a partisan 
political theme while he or she is on duty.
    Finally, Sec. 734.414 specifically prohibits employees of the 
Federal Election Commission from requesting or receiving political 
contributions from, or giving such contributions to, other employees, 
Members of Congress, or officers of the uniformed services. This 
section of the interim regulations reflects the prohibition which 
appears in the Amendments.
    Subpart E applies to certain employees who are paid from the 
appropriation for the Executive Office of the President. It also 
applies to an employee who is appointed by the President by and with 
the advice and consent of the Senate, whose position is located within 
the United States, and who determines policies to be pursued by the 
United States in relations with foreign powers or in the nationwide 
administration of Federal laws. A party suggested that OPM define the 
term ``who determines policies to be pursued by the United States in 
relations with foreign powers or in the nationwide administration of 
Federal laws.'' OPM is aware of only one category of employee, 
Inspectors General appointed under the Inspector General Act of 1978, 
who are statutorily excluded from this provision through section 3(c) 
of that Act. In view of the different circumstances of each employee 
who might claim coverage under this category, it would be impractical 
to seek to identify all positions which qualify for this designation. 
Therefore, OPM does not attempt to define this phrase in its interim 
regulations.
    Under the Hatch Act, these employees were covered by the 
prohibition against misusing their official authority to interfere with 
or affect the result of an election, but they specifically were 
excluded from all aspects of the prohibition against active partisan 
political participation. Under the Amendments, these employees continue 
to be covered under the prohibition against misuse of official 
authority. In contrast to the Hatch Act, the Amendments subject these 
employees to additional prohibitions. Thus, the Amendments prohibit 
these employees from running for partisan political office. They also 
prohibit these employees from soliciting, accepting, and receiving 
political contributions, except under the conditions specified in the 
Amendments and these interim regulations. However, the Amendments 
specifically exclude these employees from the prohibition against 
political participation while on duty, in uniform, in a room or 
building occupied in the discharge of official duties, or in a 
Government-owned or leased vehicle. Section 734.502 reflects the 
statutory exclusion. However, Sec. 734.502 also specifies that the 
political activity of these employees may be further proscribed or 
restricted in accordance with Sec. 734.104.
    With regard to the exclusion, the Amendments require that the costs 
associated with political participation must not be paid for with money 
derived from the Treasury of the United States. Thus, Sec. 734.503 of 
the interim regulations includes instructions for allocation and 
reimbursement of costs associated with mixed travel. Section 734.503 
does not supersede any other provision of fiscal or appropriations law; 
it is intended to interpret the cost provisions of the Amendments.
    Subpart F of the interim regulations concerns employees who work on 
an irregular or occasional basis or who are special government 
employees. Section 734.601 provides that these employees are subject to 
the provisions of the applicable subpart of the interim regulations 
while they are on duty.
    Finally, an activity which is permitted under the Amendments may be 
prohibited by other statutory provisions such as the Ethics in 
Government Act of 1978, 5 U.S.C. App. OPM received inquiries as to 
whether OPM would include within its interim regulations provisions 
explaining the interaction between the Amendments and the Ethics in 
Government Act of 1978, as well as the regulations promulgated under 
that Act. OPM also received a suggestion to explain through its interim 
regulations 18 U.S.C. 610 which concerns coercion of political activity 
and was enacted through section 4 of the Amendments. OPM does not have 
the jurisdiction to interpret these statutory provisions in its 
regulations. However, these provisions have been included in subpart G 
of the interim regulations which lists statutes and Executive orders 
that also may apply to the activities described in this part.

E.O. 12866, Regulatory Review

    This rule has been reviewed by the Office of Management and Budget 
in accordance with E.O. 12866.

Regulatory Flexibility Act

    I certify that these regulations would not have a significant 
economic impact on a substantial number of small entities because they 
would apply only to Federal agencies and employees.

List of Subjects in 5 CFR Part 734

    Political activities (Government employees).

U.S. Office of Personnel Management.
James B. King,
Director.

    Accordingly, the Office of Personnel Management is adding 5 CFR 
part 734 to read as follows:

PART 734--POLITICAL ACTIVITIES OF FEDERAL EMPLOYEES

Subpart A--General Provisions

Sec.
734.101  Definitions.
734.102  Jurisdiction.
734.103  Multicandidate political committees of Federal labor 
organizations and Federal employee organizations..
734.104  Restriction of political activity.

Subpart B--Permitted Activities

734.201  Exclusion from coverage.
734.202  Permitted activities.
734.203  Participation in nonpartisan activities.
734.204  Participation in political organizations.
734.205  Participation in political campaigns.
734.206  Participation in elections.
734.207  Candidacy for public office.
734.208  Participation in fundraising.

Subpart C--Prohibited Activities

734.301  Exclusion from coverage.
734.302  Use of official authority; prohibition.
734.303  Fundraising.
734.304  Candidacy for public office.
734.305  Soliciting or discouraging the political participation of 
certain persons.
734.306  Participation in political activities while on duty, in 
uniform, in any room or building occupied in the discharge of 
official duties, or using a Federal vehicle.
734.307  Campaigning for a spouse or family member.

Subpart D--Employees in Certain Agencies and Positions

734.401  Coverage.
734.402  Expression of an employee's individual opinion.
734.403  Participation in elections.
734.404  Participation in political organizations.
734.405  Campaigning for a spouse or family member.
734.406  Participation in political activities while on duty, in 
uniform, in any room or building occupied in the discharge of 
official duties, or using a Federal vehicle; prohibitions.
734.407  Use of official authority; prohibition.
734.408  Participation in political management and political 
campaigning; prohibitions.
734.409  Participation in political organizations; prohibitions.
734.410  Participation in political fundraising; prohibitions.
734.411  Participation in political campaigning; prohibitions.
734.412  Participation in elections; prohibitions.
734.413  Employees of the Federal Election Commission; prohibitions.

Subpart E--Special Provisions for Certain Presidential Appointees and 
Employees Paid From the Appropriation for the Executive Office of the 
President

734.501  Permitted and prohibited activities.
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.
734.503  Allocation and reimbursement of costs associated with 
political activities.

Subpart F--Employees Who Work on an Irregular or Occasional Basis

734.601  Employees who work on an irregular or occasional basis.

Subpart G--Related Statutes and Executive Orders

734.701  General.
734.702  Related statutes and Executive orders.

    Authority: 5 U.S.C. 1103, 1104, 7325; Reorganization Plan No. 2 
of 1978, 92 Stat. 3783, 3 CFR 1978 Comp. p. 323; and E.O. 12107, 3 
CFR 1978 Comp. p. 264.

Subpart A--General Provisions


Sec. 734.101  Definitions.

    For the purposes of this part:
    Accept means to come into possession of something from a person 
officially on behalf of a candidate, a campaign, a political party, or 
a partisan political group.
    Candidate means an individual who seeks nomination or election to 
any elective office whether or not the person is elected. An individual 
is deemed to be a candidate if the individual has received political 
contributions or made expenditures or has consented to another person 
receiving contributions or making expenditures with a view to bringing 
about the individual's nomination or election.
    Campaign means all acts done by a candidate and his or her 
adherents to obtain a majority or plurality of the votes to be cast 
toward a nomination or in an election.
    Election includes a primary, special, runoff, or general election.
    Employee means any individual (other than the President, 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.
    Employing office shall have the meaning given by the head of each 
agency or instrumentality of the United States Government or District 
of Columbia Government covered by this part. Each agency or 
instrumentality shall provide notice identifying the appropriate 
employing offices within it through internal agency notice procedures.
    Federal employee organization means any lawful nonprofit 
organization, association, society, or club composed of Federal 
employees.
    Federal labor organization means an organization defined in 5 
U.S.C. 7103(a)(4).
    Multicandidate political committee means an organization defined in 
2 U.S.C. 441a(a)(4).
    Nonpartisan election means--
    (1) An election in which none of the candidates is to be nominated 
or elected as representing a political party any of whose candidates 
for Presidential elector received votes in the last preceding election 
at which Presidential electors were selected; or
    (2) An election involving a question or issue which is not 
specifically identified with a political party, such as a 
constitutional amendment, referendum, approval of a municipal 
ordinance, or any question or issue of a similar character.
    Office means the U.S. Office of Personnel Management.
    On Duty means the time period when an employee is:
    (1) In a pay status other than paid leave, compensatory time off, 
credit hours, time off as an incentive award, or excused or authorized 
absence (including leave without pay); or
    (2) Representing any agency or instrumentality of the United States 
Government or any agency or instrumentality of the District of Columbia 
Government in an official capacity.
    Partisan when used as an adjective means related to a political 
party.
    Partisan political group means any committee, club, or other 
organization which is affiliated with a political party or candidate 
for public office in a partisan election, or organized for a partisan 
purpose, or which engages in partisan political activity.
    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.
    Person means an individual; a State, local, or foreign government; 
or a corporation and subsidiaries it controls, company, association, 
firm, partnership, society, joint stock company, or any other 
organization or institution, including any officer, employee, or agent 
of such person or entity.
    Political activity means an activity directed toward the success or 
failure of a political party, candidate for partisan political office, 
or partisan political group.
    Political contribution means any gift, subscription, loan, advance, 
or deposit of money or anything of value, made for any political 
purpose.
    (a) 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, paid or unpaid, for any 
political purpose.
    (b) A political contribution does not include the value of services 
provided without compensation by any individual who volunteers on 
behalf of any candidate, campaign, political party, or partisan 
political group.
    Political management means the direction or supervision of a 
partisan political group or campaign for partisan political office.
    Political party means a national political party, a State political 
party, or an affiliated organization.
    Political purpose means an objective of promoting or opposing a 
political party, candidate for partisan political office, or partisan 
political group.
    Receive means to come into possession of something from a person 
officially on behalf of a candidate, a campaign, a political party, or 
a partisan political group.
    Solicit means to request expressly of another person that he or she 
contribute something to a candidate, a campaign, a political party, or 
partisan political group.
    Subordinate refers to the relationship between two employees when 
one employee is under the supervisory authority, control or 
administrative direction of the other employee.
    Uniformed services means uniformed services as defined in 5 U.S.C. 
2101(3).


Sec. 734.102  Jurisdiction.

    (a) The United States Office of Special Counsel is authorized to 
investigate allegations of political activity prohibited by 5 CFR part 
734, prosecute alleged violations before the United States Merit 
Systems Protection Board, and render advisory opinions concerning the 
applicability of 5 CFR part 734 to the political activity of Federal 
employees and employees of the District of Columbia Government. Advice 
concerning the Hatch Act Reform Amendments may be requested from the 
Office of Special Counsel:
    (1) By letter addressed to the Office of Special Counsel at 1730 M 
Street NW., Suite 300, Washington, DC 20036, or
    (2) By telephone on (202) 653-7188, or (1-800) 854-2824.
    (b) The Merit Systems Protection Board is authorized to determine 
whether a violation has occurred and to impose a minimum penalty of 
suspension for 30 days and a maximum penalty of removal for violation 
of the political activity restrictions regulated by this part. (5 
U.S.C. 1204, 1212, 1216, and 7326).
    (c) The Office of Personnel Management is authorized to issue 
regulations describing the political activities which are permitted and 
prohibited under the Hatch Act Reform Amendments of 1993. (5 U.S.C. 
1103, 1104, 7325; Reorganization Plan No. 2 of 1978, 92 Stat. 3783, 3 
CFR 1978 Comp. p. 323; and E.O. 12107, 3 CFR 1978 Comp. p. 264.)


Sec. 734.103  Multicandidate political committees of Federal labor 
organizations and Federal employee organizations.

    (a) In order to qualify under this part, each multicandidate 
political committee of a Federal labor organization must provide to the 
Office the following:
    (1) Information verifying that the multicandidate political 
committee is a multicandidate political committee as defined by 2 
U.S.C. 441a(a)(4);
    (2) Information identifying the Federal labor organization to which 
the multicandidate political committee is connected; and
    (3) Information that identifies the Federal labor organization as a 
labor organization defined at 5 U.S.C. 7103(4).
    (b) In order to qualify under this part, each multicandidate 
political committee of a Federal employee organization must provide to 
the Office the following:
    (1) Information verifying that the multicandidate political 
committee is a multicandidate political committee as defined in 2 
U.S.C. 441a(a)(4);
    (2) Information identifying the Federal employee organization to 
which the multicandidate political committee is connected; and
    (3) Information indicating that the multicandidate political 
committee was in existence as of October 6, 1993.


Sec. 734.104  Restriction of political activity.

    No further proscriptions or restrictions may be imposed upon 
employees covered under this regulation except:
    (a) Employees who are appointed by the President by and with the 
advice and consent of the Senate;
    (b) Employees who are appointed by the President;
    (c) Non-career senior executive service members;
    (d) Schedule C employees, 5 CFR 213.3301, 213.3302; and
    (e) Any other employees who serve at the pleasure of the President.

Subpart B--Permitted Activities


Sec. 734.201  Exclusion from coverage.

    This subpart does not apply to employees in the agencies and 
positions described in subpart D of this part.


Sec. 734.202  Permitted activities.

    Employees may take an active part in political activities, 
including political management and political campaigns, to the extent 
not expressly prohibited by law and this part.


Sec. 734.203  Participation in nonpartisan activities.

    An employee may:
    (a) Express his or her opinion privately and publicly on political 
subjects;
    (b) Be politically active in connection with a question which is 
not specifically identified with a political party, such as a 
constitutional amendment, referendum, approval of a municipal ordinance 
or any other question or issue of a similar character;
    (c) Participate in the nonpartisan activities of a civic, 
community, social, labor, or professional organization, or of a similar 
organization; and
    (d) Participate fully in public affairs, except as prohibited by 
other Federal law, in a manner which does not compromise his or her 
efficiency or integrity as an employee or the neutrality, efficiency, 
or integrity of the agency or instrumentality of the United States 
Government or the District of Columbia Government in which he or she is 
employed.

    Example 1: An employee may participate, including holding 
office, in any nonpartisan group. Such participation may include 
fundraising as long as the fundraising is not in any way connected 
with any partisan political issue, group, or candidate, and as long 
as the fundraising complies 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.


Sec. 734.204  Participation in political organizations.

    An employee may:
    (a) Be a member of a political party or other political group and 
participate in its activities;
    (b) Serve as an officer of a political party or other political 
group, a member of a national, State, or local committee of a political 
party, an officer or member of a committee of a political group, or be 
a candidate for any of these positions;
    (c) Attend and participate fully in the business of nominating 
caucuses of political parties;
    (d) Organize or reorganize a political party organization or 
political group; and
    (e) Participate in a political convention, rally, or other 
political gathering.

    Example 1: An employee of the Department of Education may serve 
as a delegate, alternate, or proxy to a State or national party 
convention.
    Example 2: An employee of the Department of Health and Human 
Services may serve as a vice-president of a partisan or non-partisan 
political action committee, as long as the duties of the office do 
not involve personal solicitation, acceptance, or receipt of 
political contributions. Sections 734.208 and 734.303 of this part 
describe in detail permitted and prohibited activities which are 
related to fundraising.
    Example 3: An employee of the Federal Communications Commission 
may make motions or place a name in nomination at a nominating 
caucus.
    Example 4: An employee of the Department of the Interior may 
serve as an officer of a candidate's campaign committee as long as 
he does not personally solicit, accept, or receive political 
contributions. Sections 734.208 and 734.303 of this part describe in 
detail permitted and prohibited activities which are related to 
fundraising.


Sec. 734.205  Participation in political campaigns.

    Subject to the prohibitions in Sec. 734.306, an employee may:
    (a) Display pictures, signs, stickers, badges, or buttons 
associated with political parties, candidates for partisan political 
office, or partisan political groups, as long as these items are 
displayed in accordance with the provisions of Sec. 734.306 of subpart 
C of this part;
    (b) Initiate or circulate a nominating petition for a candidate for 
partisan political office;
    (c) Canvass for votes in support of or in opposition to a partisan 
political candidate or a candidate for political party office;
    (d) Endorse or oppose a partisan political candidate or a candidate 
for political party office in a political advertisement, broadcast, 
campaign literature, or similar material;
    (e) Address a convention, caucus, rally, or similar gathering of a 
political party or political group in support of or in opposition to a 
partisan political candidate or a candidate for political party office; 
and
    (f) Take an active part in managing the political campaign of a 
partisan political candidate or a candidate for political party office.

    Example 1: An employee of the Environmental Protection Agency 
may broadcast endorsements for a partisan political candidate via a 
public address system attached to his or her private automobile.
    Example 2: An employee of the Department of Interior may canvass 
voters by telephone on behalf of a political party or partisan 
political candidate.
    Example 3: An employee of the Department of Agriculture may 
stand outside of polling places on election day and hand out 
brochures on behalf of a partisan political candidate or political 
party.
    Example 4: An employee may appear in a television or radio 
broadcast which endorses a partisan political candidate and is 
sponsored by the candidate's campaign committee, a political party, 
or a partisan political group.
    Example 5: An independent contractor is not covered by this part 
and may display a political button while performing the duties for 
which he or she is contracted.
    Example 6: An employee of the Department of Commerce who is on 
official travel may take annual leave in the morning to give an 
address at a breakfast for a candidate for partisan political 
office.
    Example 7: An employee may manage the political campaign of a 
candidate for public office including supervising paid and unpaid 
campaign workers.


Sec. 734.206  Participation in elections.

    An employee may:
    (a) Register and vote in any election;
    (b) Act as recorder, watcher, challenger, or similar officer at 
polling places;
    (c) Serve as an election judge or clerk, or in a similar position; 
and
    (d) Drive voters to polling places for a partisan political 
candidate, partisan political group, or political party.

    Example: An employee may drive voters to polling places in a 
privately owned vehicle, but not in a Government-owned or leased 
vehicle.


Sec. 734.207  Candidacy for public office.

    An employee may:
    (a) Run as an independent candidate in a partisan election covered 
by 5 CFR part 733; and
    (b) Run as a candidate in a nonpartisan election.

    Example 1: An employee who is a candidate for public office in a 
nonpartisan election is not barred by the Hatch Act from soliciting, 
accepting, or receiving political contributions for his or her own 
campaign; 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.


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.

    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, she may engage in activities which do not require 
personal solicitations of contributions, such as organizing mail or 
phone solicitations for political contributions. However, the 
employee may not sign the solicitation letter unless the 
solicitation is for the contribution of uncompensated services of 
individuals. Activities such as stuffing envelopes with requests for 
political contributions are permitted.
    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 
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.

Sbupart C--Prohibited Activities


Sec. 734.301  Exclusion from coverage.

    This subpart does not apply to employees in the agencies and 
positions described in subpart D of this part.


Sec. 734.302  Use of official authority; prohibition.

    An employee may not use his or her official authority or influence 
for the purpose of interfering with or affecting the result of an 
election.


Sec. 734.303  Fundraising.

    An employee may not knowingly:
    (a) Personally solicit, accept or receive a political contribution 
from another person, except under the circumstances specified in 
Sec. 734.208(b);
    (b) Personally solicit political contributions in a speech or 
keynote address given at a fundraiser;
    (c) Allow his or her official title to be used in connection with 
fundraising activities; or
    (d) Solicit, accept, or receive uncompensated volunteer services 
from an individual who is a subordinate.

    Example 1: An employee may not host a fundraiser at his or her 
home. However, a spouse who is not covered under this part may host 
such a fundraiser and the employee may attend. The employee may not 
personally solicit contributions to the fundraiser. Moreover, the 
employee may not accept, or receive political contributions, except 
under the circumstances stated in Sec. 734.208(b).
    Example 2: An employee's name may not appear on an invitation to 
a fundraiser as a sponsor of the fundraiser, or as a point of 
contact for the fundraiser.
    Example 3: An employee may not ask a subordinate employee to 
volunteer on behalf of a partisan political campaign.
    Example 4: An employee may not call the personnel office of a 
business or corporation and request that the corporation or business 
provide volunteers or services for a campaign. However, an employee 
may call an individual who works for a business or corporation and 
request that specific individual's services for a campaign.


Sec. 734.304  Candidacy for public office.

    An employee may not run for the nomination or as a candidate for 
election to partisan political office, except as specified in 
Sec. 734.207.


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.
    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.


Sec. 734.306  Participation in political activities while on duty, in 
uniform, in any room or building occupied in the discharge of official 
duties, or using a Federal vehicle.

    (a) An employee may not participate in political activities subject 
to the provisions of subpart E of this part:
    (1) While he or she is on duty;
    (2) While he or she is wearing a uniform, badge, insignia, or other 
similar item that identifies the employing agency or instrumentality 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.
    (b) The prohibitions in paragraph (a) of this section do not apply 
to employees covered under subpart E of this part.

    Example 1: While on leave without pay, an employee is not 
subject to the prohibition in Sec. 734.306(a)(1) because he or she 
is not on duty. However, while on leave without pay, the employee 
remains subject to the other prohibitions in subpart C.
    Example 2: A Postal Service employee who uses her private 
vehicle to deliver mail may place a political bumper sticker on the 
vehicle, as long as she covers the bumper sticker while she is on 
duty.
    Example 3: An employee who is being compensated for mileage when 
driving a privately owned vehicle may place a bumper sticker on the 
vehicle, as long as he covers the bumper sticker while the vehicle 
is being used for official duties.
    Example 4: An employee may place a bumper sticker on his 
privately owned vehicle and park his vehicle in a parking lot of an 
agency or instrumentality of the United States Government or in a 
non-Federal facility for which the employee receives a subsidy from 
his or her employing agency or instrumentality.
    Example 5: If an employee is not on duty, he or she may engage 
in political activity in the office of his or her labor organization 
local even if the space is provided by an agency or instrumentality 
of the United States Government to the labor organization.
    Example 6: An agency or instrumentality of the United States 
Government leases offices in a commercial building; the headquarters 
of a candidate for partisan political office are situated in the 
same building. An employee of that agency or instrumentality may do 
volunteer work at the candidate's headquarters when he is not on 
duty.
    Example 7: An employee of the National Aeronautics and Space 
Administration (NASA) may not engage in political activities while 
wearing a NASA flight patch, NASA twenty-year pin or anything with 
an official NASA insignia.
    Example 8: If a political event begins while an employee is on 
duty and continues into the time when he or she is not on duty, the 
employee must wait until he or she is not on duty to attend the 
event. Alternatively, an employee may request annual leave to attend 
the political event when it begins.
    Example 9: Officials of labor organizations who have been given 
official time to perform representational duties are on duty.
    Example 10: An employee may stuff envelopes for a mailing on 
behalf of a candidate for partisan political office while the 
employee is sitting in the park during his lunch period if he is not 
considered to be on duty during his lunch period.
    Example 11: An employee may engage in political activity in the 
courtyard outside of a Federal building where no official duties are 
discharged as long as the employee is not on duty.
    Example 12: An employee who works at home may engage in 
political activities at home when he or she is not in a pay status 
or representing the Government in an official capacity.
    Example 13: An employee who is appointed by the President by and 
with the advice and consent of the Senate (PAS) may attend a 
political event with an non-PAS employee whose official duties do 
not require accompanying the PAS as long as the non-PAS employee is 
not on duty.


Sec. 734.307  Campaigning for a spouse or family member.

    An employee covered under this subpart who is the spouse or family 
member of either a candidate for partisan political office, candidate 
for political party office, or candidate for public office in a 
nonpartisan election, is subject to the same prohibitions as other 
employees covered under this subpart.

    Example 1: An employee who is married to a candidate for 
partisan political office may attend a fundraiser for his spouse, 
stand in the receiving line, sit at the head table, and urge others 
to vote for his spouse. However, the employee may not personally 
solicit, accept, or receive contributions of money or personal 
services, or sell or collect money for tickets to the fundraiser.
    Example 2: An employee who is the daughter of a candidate for 
partisan political office may appear in a family photograph which is 
printed in a campaign flier. She may distribute fliers at a campaign 
rally as long as she does not personally solicit contributions.
    Example 3: An employee who is married to a candidate for 
political partisan political office may appear with her spouse in a 
political advertisement or a broadcast, and urge others to vote for 
her spouse, as long as the employee does not personally solicit 
political contributions.

Subpart D--Employees in Certain Agencies and Positions


Sec. 734.401  Coverage.

    (a) This subpart applies to employees in the following agencies and 
positions:
    (1) The Federal Election Commission;
    (2) The Federal Bureau of Investigation;
    (3) The Secret Service;
    (4) The Central Intelligence Agency;
    (5) The National Security Council;
    (6) The National Security Agency;
    (7) The Defense Intelligence Agency;
    (8) The Merit Systems Protection Board;
    (9) The Office of Special Counsel;
    (10) The Office of Criminal Investigation of the Internal Revenue 
Service.
    (11) The Office of Investigative Programs of the United States 
Customs Service;
    (12) The Office of Law Enforcement of the Bureau of Alcohol, 
Tobacco, and Firearms;
    (13) The Criminal Division of the Department of Justice;
    (14) Career Senior Executive Service positions described in 5 
U.S.C. 3132(a)(4);
    (15) Administrative Law Judge positions described in 5 U.S.C. 5372;
    (16) Contract Appeals Board Member positions described in 5 U.S.C. 
5372a.
    (b) Employees appointed by the President by and with the advice and 
consent of the Senate in the agencies and positions described in 
paragraph (a) of this section are excluded from coverage under this 
subpart.
    (c) All employees covered under this subpart are free to engage in 
political activity to the widest extent consistent with the 
restrictions imposed by law and this subpart.


Sec. 734.402  Expression of an employee's individual opinion.

    Each employee covered under this subpart retains the right to 
participate in any of the following political activities, as long as 
such activity is not performed in concert with a political party, 
partisan political group, or a candidate for partisan political office:
    (a) Express his or her opinion as an individual privately and 
publicly on political subjects and candidates;
    (b) Display a political picture, sign, sticker, badge, or button, 
as long as these items are displayed in accordance with the provisions 
of Sec. 734.408 of subpart D of this part;
    (c) Sign a political petition as an individual;
    (d) Be politically active in connection with a question which is 
not specifically identified with a political party, such as a 
constitutional amendment, referendum, approval of a municipal 
ordinance, or any other question or issue of a similar character; and
    (e) Otherwise participate fully in public affairs, except as 
prohibited by other Federal law, in a manner which does not compromise 
his or her efficiency or integrity as an employee or the neutrality, 
efficiency, or integrity of the agency or instrumentality of the United 
States Government in which he or she is employed.

    Example 1: An employee may purchase air time on a radio or 
television station to endorse a partisan political candidate. 
However, he or she may not endorse such a candidate in a commercial 
or program which is sponsored by the candidate's campaign committee, 
a political party, or a partisan political group.
    Example 2: An employee may address a political convention or 
rally but not on behalf, or at the request of, a political party, 
partisan political group, or an individual who is running for the 
nomination or as a candidate for election to partisan political 
office.
    Example 3: An employee may print at her own expense one thousand 
fliers which state her personal opinion that a partisan political 
candidate is the best suited for the job. She may distribute the 
fliers at a shopping mall on the weekend. However, she may not 
distribute fliers printed by the candidate's campaign committee, a 
political party, or a partisan political group.
    Example 4: An employee may stand outside of a political party 
convention with a homemade sign which states her individual opinion 
that one of the candidates for nomination is the best qualified 
candidate.
    Example 5: An employee may not wear a button with a partisan 
political theme while she is on duty.


Sec. 734.403  Participation in elections.

    Each employee covered under this subpart retains the right to:
    (a) Register and vote in any election;
    (b) Take an active part, as a candidate or in support of a 
candidate, in a nonpartisan election; and
    (c) Serve as an election judge or clerk, or in a similar position, 
to perform nonpartisan duties as prescribed by State or local law.


Sec. 734.404  Participation in political organizations.

    Each employee covered under this subpart retains the right to:
    (a) Participate in the nonpartisan activities of a civic, 
community, social, labor, or professional organization, or of a similar 
organization;
    (b) Be a member of a political party or other partisan political 
group and participate in its activities to the extent consistent with 
other Federal law;
    (c) Attend a political convention, rally, fund-raising function, or 
other political gathering; and
    (d) Make a financial contribution to a political party, partisan 
political group, or to the campaign committee of a candidate for 
partisan political office.

    Example 1: An employee may attend a political convention or 
rally. However, the employee may not participate in demonstrations 
or parades which are sponsored by a political party, a partisan 
political group, or an individual who is running for nomination to 
be a candidate for partisan political office.
    Example 2: An employee may attend a political party's annual 
barbecue, but he or she may not organize, distribute invitations to, 
or sell tickets to the barbecue.


Sec. 734.405  Campaigning for a spouse or family member.

    An employee covered under this subpart who is the spouse or family 
member of either a candidate for partisan political office, or a 
candidate for political party office, may appear in photographs of the 
candidate's family which might appear in a political advertisement, a 
broadcast, campaign literature, or similar material. A spouse or a 
family member who is covered by the Hatch Act Reform Amendments also 
may attend political functions with the candidate. However, the spouse 
or family member may not distribute campaign literature or solicit, 
accept, or receive political contributions.

    Example 1: An employee who is the spouse of a candidate for 
partisan political office may stand in the receiving line and sit at 
the head table during a political dinner honoring the spouse.
    Example 2: An employee who is the daughter of a candidate for 
partisan political office may appear in a family photograph which is 
printed in a campaign flier, but she may not distribute the flier at 
a campaign rally.


Sec. 734.406  Participation in political activities while on duty, in 
uniform, in any room or building occupied in the discharge of official 
duties, or using a Federal vehicle; prohibition.

    (a) An employee covered under this subpart may not participate 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 employing agency or instrumentality 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.
    (b) [Reserved]


Sec. 734.407  Use of official authority; prohibition.

    An employee covered under this subpart may not use his or her 
official authority or influence for the purpose of interfering with or 
affecting the result of an election.


Sec. 734.408  Participation in political management and political 
campaigning; prohibitions.

    An employee covered under this subpart may not take an active part 
in political management or in a political campaign, except as permitted 
by this part.


Sec. 734.409  Participation in political organizations; prohibitions.

    An employee covered under this subpart may not:
    (a) Serve as an officer of a political party, a member of a 
national, State, or local committee of a political party, an officer or 
member of a committee of a partisan political group, or be a candidate 
for any of these positions;
    (b) Organize or reorganize a political party organization or 
partisan political group;
    (c) Serve as a delegate, alternate, or proxy to a political party 
convention; and
    (d) Address a convention, caucus, rally, or similar gathering of a 
political party or partisan political group in support of or in 
opposition to a candidate for partisan political office or political 
party office, if such address is done in concert with such a candidate, 
political party, or partisan political group.


Sec. 734.410  Participation in political fundraising; prohibitions.

    An employee covered under this subpart may not:
    (a) Solicit, accept, or receive political contributions; or
    (b) Organize, sell tickets to, promote, or actively participate in 
a fundraising activity of a candidate for partisan political office or 
of a political party, or partisan political group.


Sec. 734.411  Participation in political campaigning; prohibitions.

    An employee covered under this subpart may not:
    (a) Take an active part in managing the political campaign of a 
candidate for partisan political office or a candidate for political 
party office;
    (b) Campaign for partisan political office;
    (c) Canvass for votes in support of or in opposition to a candidate 
for partisan political office or a candidate for political party 
office, if such canvassing is done in concert with such a candidate, or 
of a political party, or partisan political group;
    (d) Endorse or oppose a candidate for partisan political office or 
a candidate for political party office in a political advertisement, 
broadcast, campaign literature, or similar material if such endorsement 
or opposition is done in concert with such a candidate, political 
party, or partisan political group;
    (e) Initiate or circulate a partisan nominating petition.


Sec. 734.412  Participation in elections; prohibitions.

    An employee covered under this subpart may not:
    (a) Be a candidate for partisan political office except as 
described in Sec. 734.403;
    (b) Act as recorder, watcher, challenger, or similar officer at 
polling places in consultation or coordination with a political party, 
partisan political group, or a candidate for partisan political office;
    (c) Drive voters to polling places in consultation or coordination 
with a political party, partisan political group, or a candidate for 
partisan political office.


Sec. 734.413  Employees of the Federal Election Commission; 
prohibitions.

    (a) An employee of the Federal Election Commission may not request 
or receive from, or give to, an employee, a Member of Congress, or an 
officer of a uniformed service a political contribution.
    (b) This section does not cover employee of the Federal Election 
Commission who are appointed by the President by and with the advice 
and consent of the Senate.

Subpart E--Special Provisions for Certain Presidential Appointees 
and Employees Paid from the Appropriation for the Executive Office 
of the President


Sec. 734.501  Permitted and prohibited activities.

    Except as otherwise specified in this part 734, employees who are 
appointed by the President by and with the advice and consent of the 
Senate are subject to the provisions of subparts B and C of this part.


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 which are part of the private 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.


Sec. 734.503  Allocation and reimbursement of costs associated with 
political activities.

    (a) The costs associated with the political activities described in 
Sec. 733.502(c) of this chapter may not be paid for by money derived 
from the Treasury of the United States. Costs associated with a 
political activity are deemed not to be paid for by money derived from 
the Treasury of the United States if the Treasury is reimbursed for the 
costs within a reasonable period of time.
    (b) For the purposes of this section, costs associated with a 
political activity do not include any costs that the Government would 
have or have incurred regardless of whether the activity was political. 
Examples of such costs are:
    (1) The compensation of the employee described in Sec. 734.502(a);
    (2) The value of any office or other real property owned or leased 
by the Government;
    (3) The compensation and expenses of any Government employee that 
is required in the performance of his or her duties to accompany or 
assist the person engaging in the political activity; and
    (4) The cost of special security arrangements for the person 
engaging in the political activity, including special transportation 
vehicles or methods.
    (c) (1) An employee covered under this subpart must apportion the 
costs of mixed travel based on the time spent on political activities 
and the time spent performing official duties. Prorating the cost of 
travel involves determining the ``total activity time'' which is the 
amount of time actually spent by the employee in meetings, receptions, 
rallies, and similar activities. Time spent in actual travel, private 
study, or rest and recreation is not included in the computation of the 
``total activity time''. The proration of the cost then is determined 
based on how the ``total activity time'' was spent. The formula is as 
follows:

Time spent in official meetings, receptions, etc. + Time spent in 
political meetings, receptions, rallies = Total activity time

Time spent in official activity  Total activity time = 
Percentage of trip that is official
Time spent in political activity  Total activity time = 
Percentage of trip that is political

The percentage figure that represents the political portion of the trip 
is then multiplied by the amount that would be reimbursed to the 
Government if all of the travel was political. The product of that 
calculation represents the amount to be paid by the political entity or 
organization.
    (2) The allocation method must be applied to all of the relevant 
costs of mixed travel.
    (3) Expenses that are associated specifically with a political 
activity and not with any official activity must be treated as 
political, and expenses associated specifically with an official 
activity and not with any political activity must be treated as 
official.
    (4) In allocating the costs of travel other than air travel, the 
allocation formula should be applied to any Government maximum for that 
type of expenditure.
    (5) The determination of the proper amount of allocation must be 
based on the facts and circumstances involved.
    (6) In the event that a minor, clearly incidental percentage of the 
activity of a mixed trip is devoted to either official or political 
activity, e.g. less than 3%, the entire trip should be treated as if it 
was wholly of the type represented by the substantial figure. The 
balance should be treated as de minimis and need not be reimbursed as 
political or charged as official.
    (d) For any cost of a political activity of an employee that is 
required to be reported to the Federal Election Commission under the 
Federal Election Campaign Act (FECA) or the Presidential Election 
Campaign Fund Act (PECFA), the employee shall use the same method of 
allocation as used under the FECA or PECFA and regulations thereunder 
in lieu of the allocation method in paragraph (c) of this section.

    Example 1: The Secretary, an employee described by section 
7324(b)(2) of title 5 of the United States Code, holds a catered 
political activity (other than a fundraiser) in her office. Her 
security detail attends the reception as part of their duty to 
provide security for her. The Secretary will not be in violation of 
the Hatch Act Reform Amendments if the costs of her office, her 
compensation, and her security detail are not reimbursed to the 
Treasury. A violation of the Hatch Act Amendments occurs if 
Government funds, including reception or discretionary funds, are 
used to cater the political activity, unless the Treasury is 
reimbursed for the cost of the catering within a reasonable time.
    Example 2: There should be no allocation between official and 
political funds for a sound system rented for a single event.
    Example 3: If on a mixed trip a Government employee is only 
entitled to $26 per diem for food on a wholly official trip and the 
trip is 50% political and 50% official, the Government share would 
be 50% of $26, not 50% of the actual amount spent.
    Example 4: The President is transported by special motorcade to 
and from the site of the political event. The expense of the 
motorcade is for special security arrangements. Thus, it would not 
be a violation of the Hatch Act Reform Amendments if the costs of 
the security arrangements, including the cost of the motorcade, are 
not reimbursed to the Treasury.

Subpart F--Employees Who Work on An Irregular or Occasional Basis


Sec. 734.601  Employees who work on an irregular or occasional basis.

    An employee who works on an irregular or occasional basis or is a 
special Government employee as defined in 18 U.S.C. 202(a) is subject 
to the provisions of the applicable subpart of this part when he or she 
is on duty.

    Example: An employee appointed to a special commission or task 
force who does not have a regular tour of duty may run as a partisan 
political candidate, but may actively campaign only when he or she 
is not on duty.

Subpart G--Related Statutes and Executive Orders


Sec. 734.701  General.

    In addition to the provisions regulating political activity set 
forth in subparts A through G of this part, there are a number of 
statutes and Executive orders that establish standards to which the 
political activity of an employee, a Federal labor organization, a 
Federal employee organization, and a multicandidate political committee 
must conform. The list set forth in Sec. 734.702 references some of the 
more significant of those statutes. It is not comprehensive and 
includes only references to statutes of general applicability.


Sec. 734.702  Related statutes and Executive orders.

    (a) The prohibition against offering anything of value in 
consideration of the use or promise of use of influence to procure 
appointive office (18 U.S.C. 210).
    (b) The prohibition against solicitation or acceptance of anything 
of value to obtain public office for another (18 U.S.C. 211).
    (c) The prohibition against intimidating, threatening, or coercing 
voters in Federal elections (18 U.S.C. 594).
    (d) The prohibition against use of official authority to interfere 
with a Federal election by a person employed in any administrative 
position by the United States in connection with any activity financed 
in whole or in part by Federal funds (18 U.S.C. 595).
    (e) The prohibition against the promise of employment, 
compensation, or benefits from Federal funds in exchange for political 
activity (18 U.S.C. 600).
    (f) The prohibition against the deprivation of or threat of 
deprivation of employment in exchange for political contributions (18 
U.S.C. 601).
    (g) The prohibition against soliciting political contributions (18 
U.S.C. 602).
    (h) The prohibition against making certain political contributions 
(18 U.S.C. 603).
    (i) The prohibition against soliciting or receiving assessments, 
subscriptions, or contributions for political purposes from persons on 
Federal relief or work relief (18 U.S.C. 604).
    (j) The prohibition against disclosing and receiving lists or names 
of persons on relief for political purposes (18 U.S.C. 605).
    (k) The prohibition against intimidating employees to give or 
withhold a political contribution (18 U.S.C. 606).
    (l) The prohibition against soliciting political contributions in 
navy yards, forts, or arsenals (18 U.S.C. 607).
    (m) The prohibition against coercing employees of the Federal 
Government to engage in, or not to engage in, any political activity 
(18 U.S.C. 610).
    (n) The prohibition against certain personnel practices (5 U.S.C. 
2302).
    (o) The prohibition against making, requesting, considering, or 
accepting political recommendations (5 U.S.C. 3303).
    (p) The prohibitions against misuse of a Government vehicle (31 
U.S.C. 1344).
    (q) The requirements and prohibitions stated in the Federal 
Election Campaign Act (2 U.S.C. 431-455).
    (r) The prohibitions against soliciting for gifts to superiors, 
giving donations for such gifts, and accepting gifts from employees who 
receive a lower rate of pay (5 U.S.C. 7351).
    (s) The prohibitions against soliciting or accepting things of 
value from specified persons (5 U.S.C. 7353).
    (t) The prohibitions and requirements stated in the Ethics in 
Government Act of 1978 (5 U.S.C. App.) and Executive Order 12674 (54 FR 
15159-15162; 3 CFR 1989 Comp. 215-218) as modified by Executive Order 
12731 (55 FR 42547-42550; 3 CFR 1990 Comp. 306-311).

[FR Doc. 94-23395 Filed 9-22-94; 8:45 am]
BILLING CODE 6325-01-M