[Federal Register Volume 63, Number 20 (Friday, January 30, 1998)]
[Rules and Regulations]
[Pages 4555-4560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2277]



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  Federal Register / Vol. 63, No. 20 / Friday, January 30, 1998 / Rules 
and Regulations  

[[Page 4555]]


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OFFICE OF PERSONNEL MANAGEMENT

RIN 3206-AF78

5 CFR Part 733


Political Activity: Federal Employees Residing in Designated 
Localities

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The Office of Personnel Management (OPM) is issuing a final 
rule regarding the political activity of Federal employees residing in 
designated localities. The final rule will inform Federal employees of 
the political activities which are permitted and prohibited under the 
Hatch Act Reform Amendments of 1993 for employees who reside in 
localities designated by OPM, and in connection with elections for 
local partisan political office in these localities. The regulation 
also includes a list of the designated localities.

EFFECTIVE DATE: March 2, 1998.

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

SUPPLEMENTARY INFORMATION: On October 6, 1993, President Clinton signed 
the Hatch Act Reform Amendments of 1993. The Reform Amendments became 
effective on February 3, 1994 and specifically authorize OPM to issue 
regulations on the political activities of Federal employees regarding 
matters described in 5 U.S.C. 7325, as amended, concerning Federal 
employees' participation in the local elections of the localities in 
which they reside. On February 4, 1994, OPM published an interim 
regulation on the political activities of Federal employees residing in 
specified localities designated by OPM. 59 FR 5313. In view of the 
comments that it received concerning the interim regulation, OPM 
published a proposed rule on June 24, 1997. 62 FR 34017. OPM received 
comments concerning the proposed rule from two individuals and two 
Federal agencies before the comment period closed on August 25, 1997. 
OPM's analysis of the comments generally follows the numerical order of 
the regulations.
    Section 733.103(b)(1) of the proposed regulation specifies that the 
Federally employed residents of designated localities may run for local 
partisan political office as independent candidates. Section 
733.104(b)(1) of the proposed regulation prohibits these employees from 
running for local partisan political office as the representatives of a 
political party. An individual commented that, except for the 
legislative history of the Reform Amendments, OPM did not provide any 
reason for requiring the Federally employed residents of designated 
localities to run as independent candidates for local partisan 
political office. He states his belief that Secs. 733.103(b)(1) and 
733.104(b)(1) of the proposed regulation violate provisions in section 
2(a) of the Reform Amendments that are codified at 5 U.S.C. 7321 and 
7325. He noted that the Reform Amendments, at 5 U.S.C. 7321, state the 
policy of Congress that:

    [E]mployees should be encouraged to exercise fully, freely, and 
without fear of penalty or reprisal, and to the extent not expressly 
prohibited by law, their right to participate or to refrain from 
participating in the political processes of the Nation.

    He believes that the proposed regulation violates section 7321 
because it discourages Federal employees from fully exercising their 
right to participate in the political processes of the nation.
    He also noted that under the Reform Amendments, at 5 U.S.C. 7325, 
OPM may prescribe regulations permitting the Federally employed 
residents of designated localities to take an active part in local 
partisan political campaigns, ``without regard to'' the prohibition 
against candidacy for partisan political office specified in 5 U.S.C. 
7323(a)(3). He believes that Congress expressed its intent through 5 
U.S.C. 7325 that Federal employees in designated localities should be 
permitted to run for partisan political office as the representatives 
of political parties. Accordingly, he also believes that 
Secs. 733.103(b)(1) and 733.104(b)(1) of the proposed regulation 
violate 5 U.S.C. 7325 by requiring Federal employees to run as 
independent candidates for local partisan political office.
    Finally, he noted that, although Sec. 733.103(b)(3) of the proposed 
regulation permits the Federally employed residents of designated 
localities to accept and receive political contributions on behalf of 
candidates for local partisan political office who represent political 
parties, Sec. 733.104(b)(2) prohibits Federal employees from soliciting 
political contributions on behalf of such candidates. He also believes 
that there is a minimal difference between soliciting political 
contributions and accepting and receiving such contributions. Thus, he 
believes that OPM should permit Federal employees to solicit political 
contributions on behalf of candidates who represent political parties.
    OPM notes in response that section 7325 of title 5, United States 
Code, provides OPM with discretionary authority to permit Federal 
employees to run for local ``partisan political office'' when certain 
statutory prerequisites are fulfilled, and does not include language 
reflecting any Congressional intent to permit these employees to run 
for local partisan political office as the candidates of political 
parties. According to the Reform Amendments, at 5 U.S.C. 7322(2), a 
``partisan political office'' includes ``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.'' 
Under this definition, a public office becomes a ``partisan political 
office'' when any candidate for election to that office represents a 
political party whose candidates for Presidential elector received 
votes in the last Presidential election. Accordingly, an independent 
candidate becomes a candidate for ``partisan political office'' when he 
or she opposes the candidates of such political parties in an election 
for public office. Thus, OPM concluded that permitting employees to run 
as independent candidates for local partisan political office while 
prohibiting them from running as the representatives of political 
parties does not violate 5 U.S.C. 7325 or ignore the

[[Page 4556]]

intent of Congress in enacting this provision.
    Although section 2(a) of the Reform Amendments provides that 
Federal employees should be encouraged to participate fully in the 
political processes of the nation ``to the extent not expressly 
prohibited by law,'' section 10 of the Reform Amendments (the Sense of 
the Senate) limits section 2(a) by providing that Federal employees 
should not be authorized to solicit political contributions from the 
general public, or run for the nomination or as a candidate for a local 
partisan political office, except as expressly provided under current 
law. It is clear from the language of the Reform Amendments, 
particularly section 10, and from the legislative history of the Reform 
Amendments that Congress was especially concerned about candidacy for 
partisan political office and soliciting political contributions. As 
OPM stated in its notice of proposed rulemaking, the legislative 
history of the Reform Amendments shows that Congress was well 
acquainted with the provisions concerning candidacy for local partisan 
political office that were in effect under the Hatch Act and that 
Congress intended to preserve those provisions in enacting the Reform 
Amendments. See 62 FR 34017, 34018-19 (June 24, 1997). Under those 
provisions, the Federally employed residents of designated localities 
were required to run as independent candidates for local partisan 
political office. OPM believes that the proposed regulation, at 
Secs. 733.103(b)(1) and 733.104(b)(1), complies with the Reform 
Amendments and reflects the intent of Congress in enacting the Reform 
Amendments.
    Similarly, Federal employees residing in designated localities 
prior to the enactment of the Reform Amendments were permitted to 
solicit, accept, and receive political contributions only on behalf of 
independent candidates for local partisan political office. Although 
section 10 of the Reform Amendments provides that Federal employees 
should not be authorized to solicit political contributions, it does 
not include any provision concerning the acceptance or receipt of 
political contributions. Therefore, the proposed regulation permits 
Federal employees to accept and receive political contributions on 
behalf of candidates who represent political parties but prohibits 
Federal employees from contributions for such candidates. OPM also 
believes that Secs. 733.103(b)(3) and 733.104(b)(2) of the proposed 
regulation comply with the Reform Amendments and reflect the intent of 
Congress in enacting the Reform Amendments.
    In commenting on OPM's regulatory proposal, another individual 
asked: ``Does the Constitution [of the United States] mean anything'' 
to OPM? The individual did not respond to OPM`s request to elaborate on 
that comment. OPM notes in response to this comment that the Supreme 
Court of the United States upheld the constitutionally of the former 
Hatch Act's prohibitions in two decisions. United Public Workers of 
America v. Mitchell, 330 U.S. 75 (1947); United States Civil Service 
Commission v. National Association of Letter Carriers AFL-CIO, 413 U.S. 
548 (1973). These more stringent prohibitions are almost identical to 
the prohibitions that currently apply to employees in sensitive 
agencies and positions under the Reform Amendments. Moreover, these 
prohibitions are significantly more restrictive than the prohibitions 
that currently apply to the majority of Federal employees under the 
Reform Amendments.
    Section 733.105(a) of the proposed regulation describes certain 
sensitive agencies and positions whose employees and incumbents are 
prohibited from partisan political participation under the Reform 
Amendments, except for participation in elections for local partisan 
political office in localities designated by OPM. The Central Imagery 
Office currently appears in the list of sensitive agencies and 
positions at Sec. 733.105(a)(13) of the OPM regulatory proposal for 5 
CFR part 733. Officials at two Federal agencies commented that section 
1111 (a) and (b) of the National Defense Authorization Act for Fiscal 
Year 1997, Pub. L. 104-201, consolidated the Central Imagery Office 
listed in Sec. 733.105(a)(13) with the Defense Mapping Agency to form 
the National Imagery and Mapping Agency. Section 1122(a)(1) of Pub. L. 
104-201 further amends the Hatch Act Reform Amendments at 5 U.S.C. 
7323(b)(2)(B)(I)(XIII) by substituting the National Imagery and Mapping 
Agency for the Central Imagery Office. Accordingly, Sec. 733.105(a)(13) 
of the final rule identifies the National Imagery and Mapping Agency, 
rather than the Central Imagery Office, as an agency whose employees 
are subject to the Reform Amendments' more restrictive prohibitions 
against partisan political participation.
    OPM notes in this regard that the Reform Amendments, at 5 U.S.C. 
7323(b)(2) and 7325, prohibit employees in specified sensitive agencies 
and positions from participating actively in partisan political 
activities, except for those activities connected with elections to 
local partisan political offices in the localities designated by OPM. 
Under 5 U.S.C. 7323(b)(2), individuals who have been appointed by the 
President, by and with the advice and consent of the Senate (PAS 
employees), have been excluded from the prohibition on active 
participation in partisan political activities, even though these 
individuals are employed in the sensitive agencies or positions 
described in section 7323(b)(2)(B).
    Sections 733.105 and 733.106 of the proposed regulation apply to 
individuals who are employed in sensitive agencies and positions and 
who also reside in the localities designated by OPM. Sections 733.105 
and 733.106 permit these employees to participate in the local 
elections of the designated localities but only as, or on behalf of, 
individuals who are running as independent candidates for local 
partisan political offices. The proposed regulation did not adequately 
reflect that PAS employees are not subject to the statutory prohibition 
against active participation in partisan political activities and, 
therefore, that they also are not subject to Secs. 733.105 and 733.106 
of the regulation. Accordingly, OPM has amended these provisions to 
reflect clearly that PAS employees in sensitive agencies and positions 
are covered by Secs. 733.103 and 733.104 of the regulation and that the 
provisions in Secs. 733.105 and 733.106 do not apply to them.
    The Reform Amendments, at 5 U.S.C. 7323(a) (2) and (3), prohibit 
Federal employees from becoming candidates for partisan political 
office and from soliciting, accepting, or receiving political 
contributions. However, the Reform Amendments, at 5 U.S.C. 7325, 
authorize OPM to prescribe regulations permitting employees in certain 
communities to participate in local elections for partisan political 
office without regard to the prohibitions in 5 U.S.C. 7323(a) (2) and 
(3) if the requirements specified in section 7325 are met. The first 
requirement is that the community or political subdivision must be 
located in Maryland or Virginia and in the immediate vicinity of the 
District of Columbia. Alternatively, the majority of the community's 
registered voters must be employed by the United States Government. The 
second requirement is that OPM must determine that it is in the 
domestic interest of the employees to permit that political 
participation because of special or unusual circumstances existing in 
the municipality or political subdivision.
    Section 733.107(a) of the final regulation reflects these statutory 
requirements. Under part 733, the

[[Page 4557]]

exemption from the prohibitions in 5 U.S.C. 7323(a) (2) and (3) is a 
partial exemption because employees are required to run as independent 
candidates for local partisan political office and they are permitted 
to participate in other political activities connected with elections 
for local public office as specified in part 733. Section 733.107(c) of 
the final regulation includes a list of designated localities whose 
residents have been granted a partial exemption by OPM.
    In its notice of proposed rulemaking, OPM noted that Spotsylvania 
County, Virginia and St. Mary's County, Maryland had fulfilled the 
statutory requirements for a partial exemption to issue and proposed 
the addition of these counties to the regulatory list of designated 
localities. 62 FR 34017, 34020 (June 24, 1997). OPM also placed legal 
notices in local newspapers to advise the residents of Spotsylvania 
County and St. Mary's County concerning the proposals. The legal notice 
regarding Spotsylvania County appeared in the Free Lance-Star on July 
15, 1997 and a legal notice concerning St. Mary's County appeared in 
the Enterprise on July 16, 1997. OPM received only one comment 
concerning these proposals from a resident of St. Mary's County who 
supported the addition of that county to the regulatory list. 
Therefore, the final regulation includes Spotsylvania County, Virginia 
and St. Mary's County, Maryland in the list of designated localities at 
Sec. 733.107(c) of the regulation. The addition of Spotsylvania County 
will be listed among the designated Virginia municipalities and 
political subdivisions after Prince William County and before Stafford 
County. The addition of St. Mary's County to the designated Maryland 
municipalities and political subdivisions will be listed after 
Rockville and before Seat Pleasant. Public notices concerning the 
addition of Spotsylvania and St. Mary's Counties to the list of 
designated localities in the OPM final regulation will be published in 
a local newspaper serving each county.
    The District of Columbia currently is included in the OPM 
regulatory list of designated localities. The District of Columbia was 
added to this list on July 5, 1977, by the United States Civil Service 
Commission. As OPM pointed out in its proposed regulation, however, two 
Federal agencies submitted comments questioning whether the District of 
Columbia should continue to be listed as a partially exempt 
municipality in view of the unpublished memorandum opinion of the 
United States District Court for the District of Columbia in Ward Three 
Democratic Committee v. United States, No. 78-853 (D.D.C. Aug. 29, 
1980). 62 FR 34017, 34020-21. OPM recognizes that, when the statutory 
exemption requirements were enacted in 1940, Congress did not foresee a 
need for an exemption for the District of Columbia because the District 
held no local elections at the time and was, instead, governed by three 
Commissioners appointed by the President of the United States.
    In discussing the history of the district court decision, one of 
the Federal agencies noted that, on May 30, 1974, the Civil Service 
Commission added the District of Columbia to the list of exempted 
localities at 5 CFR 733.124, retroactively effective May 16, 1974. 39 
FR 18761 (1974). In Joseph v. United States Civil Service Commission, 
554 F. 2d 1140 (1977), the United States Court of Appeals for the 
District of Columbia declared invalid the exemption for the District of 
Columbia because it was not published after a notice and comment 
period, as required by the Administrative Procedure Act. The appeals 
court held that, under the Hatch Act, the District of Columbia could 
not qualify under the first alternative for an exemption to issue. Id. 
at 1154-1155. The appeals court stated in this regard that

    Although there can be no dispute that it is ``in the immediate 
vicinity of the District of Columbia,'' it is equally certain that 
it is not in the states of Maryland or Virginia. The legislative 
history of this first alternative clearly indicates that it was 
proposed to restrict the Civil Service Commission's exemption 
authority to areas adjacent to the District. (Citation omitted.) 
Admittedly the failure to include areas within the District may well 
have been due to the fact that there were no elective positions 
within the District Government in 1940 when the Commission was given 
its exemption authority. (Footnote omitted.) The literal language of 
the first alternative in subsection 7327(b)(1), however, clearly 
does not include the District, and although a court should interpret 
the meaning of statutory language in light of the intent of its 
drafters, we cannot rewrite the statute to compensate for unforeseen 
circumstances.

Id. The appeals court also stated that, if the Civil Service Commission 
republished the exemption, it should furnish statistical evidence that 
a majority of District of Columbia voters were employed by the Untied 
States Government or the District of Columbia Government. Id. at 1152-
1157. In order to comply with the decision in Joseph, the Civil Service 
Commission subsequently proposed to add the District of Columbia to the 
list of exempted localities on May 6, 1977, 42 FR 23160 (1977), and the 
District was then added to the list of exempted localities, effective 
July 5, 1977. 42 FR 34308.
    In a second suit challenging the validity of Sec. 733.124, the 
appeals court remanded the case to the district court to gather 
statistical evidence to determine whether the majority of registered 
voters in the District of Columbia were employed by the United States 
or the District of Columbia Governments. Ward Three Democratic 
Committee v. United States, 609 F. 2d 10 (D.C. Cir. 1979). On remand, 
the district court found that, based upon the statistical evidence 
submitted by the parties, less than 50 percent of registered voters in 
the District of Columbia were employed by the United States Government 
or the District of Columbia Government. Thus, the district court held 
that Sec. 733.124(b), the regulation which provided for partial 
exemptions at that time, was ``not applicable to the District of 
Columbia and shall not be applied thereto.'' Ward Three Democratic 
Committee v. United States, No. 78-853 (D.D.C. Aug. 29, 1980). Although 
this judicial decision was based upon requirements stated in the former 
Hatch Act for an exemption to issue, the same requirements also appear 
in the Reform Amendments.
    OPM discussed these judicial decisions in its notice of proposed 
rulemaking and requested further comments from the public as well as 
from Federal, Postal Service, and District of Columbia Government 
employees who are registered voters in the District of Columbia. 62 FR 
34017, 34020-34021 (June 24, 1997). OPM also placed an official notice 
concerning this matter in the July 14, 1997 edition of the Washington 
Post. Publication of the proposed regulation and official notice has 
not resulted in any comments concerning the District of Columbia or any 
evidence showing that the District of Columbia should remain on the 
list of designated localities.
    Moreover, on several occasions, OPM corresponded with the Office of 
the Corporation Counsel for the District of Columbia about this matter. 
In correspondence to OPM dated June 12, 1995, the Office of the 
Corporation Counsel advised that:

    [B]ased upon the decision in Ward Three Democratic Committee v. 
United States, No. 78-853 (D.D.C. Aug 29, 1980), we reluctantly 
conclude that deletion of the District of Columbia from the list of 
exempt jurisdictions is not inconsistent with the Hatch Act Reform 
Amendments regarding political management and political campaigns 
involving the District.

In succeeding letters to OPM, dated September 18, 1995, and July 29, 
1997,

[[Page 4558]]

the Office of the Corporation Counsel reaffirmed this statement.
    In view of these circumstances, OPM does not have any choice except 
to remove the District of Columbia from the regulatory list of 
designated localities in Sec. 733.107(c) of the final regulation. 
Accordingly, the final regulation reflects that the District of 
Columbia has been removed from the list of designated localities in 
Sec. 733.107(c). A public notice concerning the removal of the District 
of Columbia from the list of designated localities in the final version 
of 5 CFR 733.107(c) will be published in a local newspaper serving that 
city.
    Finally, OPM noted in its proposed rule that it would pursue a 
legislative solution to place the District of Columbia on the same 
footing as the surrounding Virginia and Maryland localities. OPM will 
continue to pursue a legislative solution in this matter.

E.O. 12866, Regulatory Review

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

Regulatory flexibility Act

    I certify that this regulation will not have a significant economic 
impact on a substantial number of small entities because the changes 
will affect only employees of the Federal Government.

List of Subjects in 5 CFR Part 733

    Political activities (Government employees).

Office of Personnel Management.
Janice R. Lachance,
Director.

    Part 733 is revised to read as follows:

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

Sec.
733.101  Definitions.
733.102  Exclusion of employees in the Criminal Division of the 
United States Department of Justice.
733.103  Permitted political activities--employees who reside in 
designated localities.
733.104  Prohibited political activities--employees who reside in 
designated localities.
733.105  Permitted political activities--employees who reside in 
designated localities and are employed in certain agencies and 
positions.
733.106  Prohibited political activities--employees who reside in 
designated localities and are employed in certain agencies and 
positions.
733.107  Designated localities.

    Authority: 5 U.S.C. 7325; sec. 308 of Pub. L. 104-93, 109 Stat. 
961, 966 (Jan. 6, 1996).


Sec. 733.101  Definitions.

    In 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, but does not include ministerial activities 
which precede or follow this official act.
    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, the Vice President, or a 
member of the uniformed services) employed or holding office in--
    (1) An Executive agency other than the General Accounting Office;
    (2) A position within the competitive service which is not in an 
Executive agency;
    (3) The government of the District of Columbia, other than the 
Mayor or a member of the City Council or the Recorder of Deeds; or
    (4) The United States Postal Service or the Postal Rate Commission.
    On Duty means the 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 the 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.
    (1) A political contribution includes:
    (i) Any contract, promise, or agreement, express or implied, 
whether or not legally enforceable, to make a contribution for any 
political purpose;
    (ii) 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
    (iii) The provision of personal services, paid or unpaid, for any 
political purpose.
    (2) 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, but does not include ministerial activities 
which precede or follow this official act.
    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

[[Page 4559]]

any agency thereof includes, but is not limited to:
    (1) Any Federally owned space (including, but not limited to, 
``public buildings'' as defined in 40 U.S.C. 612(1)) or Federally 
leased space in which Federal employees perform official duties on a 
regular basis;
    (2) Public areas as defined in 40 U.S.C. 490(a)(17) and 41 CFR 101-
20.003 of buildings under the custody and control of the General 
Services Administration.
    (3) A 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 thereof does not include rooms in the White 
House, or in the residence of the Vice President, which are part of the 
Residence area or which are not regularly used solely in the discharge 
of official duties.
    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. 733.102  Exclusion of employees in the Criminal Division of the 
United States Department of Justice.

    Employees in the Criminal Division in the Department of Justice 
(except employees appointed by the President, by and with the advice 
and consent of the Senate) specifically are excluded from coverage 
under the provisions of this part.


Sec. 733.103  Permitted political activities--employees who reside in 
designated localities.

    (a) This section does not apply to an individual who is employed in 
an agency or position described in Sec. 733.105(a), unless that 
individual has been appointed by the President, by and with the advice 
and consent of the Senate.
    (b) Employees who reside in a municipality or political subdivision 
designated by OPM under Sec. 733.107 may:
    (1) Run as independent candidates for election to partisan 
political office in elections for local office in the municipality or 
political subdivision;
    (2) Solicit, accept, or receive a political contribution as, or on 
behalf of, an independent candidate for partisan political office in 
elections for local office in the municipality or political 
subdivision;
    (3) Accept or receive a political contribution on behalf of an 
individual who is a candidate for local partisan political office and 
who represents a political party;
    (4) Solicit, accept, or receive uncompensated volunteer services as 
an independent candidate, or on behalf of an independent candidate, for 
local partisan political office, in connection with the local elections 
of the municipality or subdivision; and
    (5) Solicit, accept, or receive uncompensated volunteer services on 
behalf of an individual who is a candidate for local partisan political 
office and who represents a political party.


Sec. 733.104  Prohibited political activities--employees who reside in 
designated localities.

    (a) This section does not apply to an individual who is employed in 
an agency or position described in Sec. 733.105(a), unless that 
individual has been appointed by the President, by and with the advice 
and consent of the Senate.
    (b) Employees who reside in a municipality or political subdivision 
designated by OPM under Sec. 733.107 may not:
    (1) Run as the representative of a political party for local 
partisan political office;
    (2) Solicit a political contribution on behalf of an individual who 
is a candidate for local partisan political office and who represents a 
political party;
    (3) Knowingly solicit a political contribution from any Federal 
employee, except as permitted under 5 U.S.C. 7323(a)(2)(A)-(C).
    (4) Accept or receive a political contribution from a subordinate; 
or
    (5) Solicit, accept, or receive uncompensated volunteer services 
from a subordinate for any political purpose.
    (c) An employee covered under this section 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.
    (d) An employee described in 5 U.S.C. 7324(b)(2) may participate in 
political activity otherwise prohibited by Sec. 733.104(c) if the costs 
associated with that political activity are not paid for by money 
derived from the Treasury of the United States.
    (e) Candidacy for, and service in, a partisan political office 
shall not result in neglect of, or interference with, the performance 
of the duties of the employee or create a conflict, or apparent 
conflict, of interest.


Sec. 733.105   Permitted political activities--employees who reside in 
designated localities and are employed in certain agencies and 
positions.

    (a) This section applies to employees who reside in designated 
localities and are employed in the following agencies or positions:
    (1) Federal Election Commission;
    (2) Federal Bureau of Investigation;
    (3) United States Secret Service;
    (4) Central Intelligence Agency;
    (5) National Security Council;
    (6) National Security Agency;
    (7) Defense Intelligence Agency;
    (8) Merit Systems Protection Board;
    (9) United States Office of Special Counsel;
    (10) Office of Criminal Investigation of the Internal Revenue 
Service;
    (11) Office of Investigative Programs of the United States Customs 
Service;
    (12) Office of Law Enforcement of the Bureau of Alcohol, Tobacco, 
and Firearms;
    (13) National Imagery and Mapping Agency;
    (14) Career Appointees in the Senior Executive Service;
    (15) Administrative Law Judges; and
    (16) Contract appeals board members described in 5 U.S.C. 5372a.
    (b) This section does not apply to individuals who have been 
appointed by the President by and with the advice and consent of the 
Senate, even though they are employed in the agencies and positions 
described in paragraph (a) of this section.
    (c) Employees who are covered under this section and who reside in 
a municipality or political subdivision designated by OPM under 
Sec. 733.107 may:
    (1) Run as independent candidates for election to partisan 
political office in elections for local office in the municipality or 
political subdivision;
    (2) Solicit, accept, or receive a political contribution as, or on 
behalf of, an independent candidate for partisan political office in 
elections for local office in the municipality or political 
subdivision;

[[Page 4560]]

    (3) Solicit, accept, or receive uncompensated volunteer services 
as, or on behalf of, an independent candidate for partisan political 
office in elections for office in the municipality or subdivision; and
    (4) Take an active part in other political activities associated 
with elections for local partisan political office and in managing the 
campaigns of candidates for election to local partisan political office 
in the municipality or political subdivision, but only as an 
independent candidate or on behalf of, or in opposition to, an 
independent candidate.


Sec. 733.106  Prohibited political activities--employees who reside 
designated localities and are employed in certain agencies and 
positions.

    (a) This section does not apply to individuals who have been 
appointed by the President, by and with the advice and consent of the 
Senate, even though they are employed in the agencies and positions 
described in Sec. 733.105(a).
    (b) Employees who are employed in the agencies and positions 
described in Sec. 733.105(a), and who reside in a municipality or 
political subdivision designated by OPM under Sec. 733.107, may not:
    (1) Run as the representative of a political party for local 
partisan political office;
    (2) Solicit, accept, or receive a political contribution on behalf 
of an individual who is a candidate for local partisan political office 
and who represents a political party;
    (3) Knowingly solicit a political contribution from any Federal 
employee;
    (4) Accept or receive a political contribution from a subordinate;
    (5) Solicit, accept, or receive uncompensated volunteer services on 
behalf of an individual who is a candidate for local partisan political 
office and who represents a political party;
    (6) Solicit, accept, or receive uncompensated volunteer services 
from a subordinate for any political purpose; or
    (7) Take an active part in other political activities associated 
with elections for local partisan political office, when such 
participation occurs on behalf of a political party, partisan political 
group, or a candidate for local partisan political office who 
represents a political party.
    (c) An employee covered under this section 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.
    (d) Candidacy for, and service in, or partisan political office 
shall not result in neglect of, or interference with, the performance 
of the duties of the employee or create a conflict, or apparent 
conflict, of interest.


Sec. 733.107  Designated localities.

    (a) OPM may designate a municipality or political subdivision in 
Maryland or Virginia and in the immediate vicinity of the District of 
Columbia, or a municipality in which the majority of voters are 
employed by the Government of the United States, when OPM determines 
that, because of special or unusual circumstances, it is in the 
domestic interest of employees to participate in local elections.
    (b) Information as to the documentation required to support a 
request for designation is furnished by the General Counsel of OPM on 
request.
    (c) The following municipalities and political subdivisions have 
been designated, effective on the day specified:

In Maryland

Annapolis (May 16, 1941).
Anne Arundel County (March 14, 1973).
Berwyn Heights (June 15, 1944).
Bethesda (Feb. 17, 1943).
Bladensburg (April 20, 1942).
Bowie (April 11, 1952).
Brentwood (Sept. 26, 1940).
Calvert County (June 18, 1992).
Capitol Heights (Nov. 12, 1940).
Cheverly (Dec. 18, 1940).
Chevy Chase, section 3 (Oct. 8, 1940).
Chevy Chase, section 4 (Oct. 2, 1940).
Chevy Chase View (Feb. 26, 1941).
Chevy Chase Village, Town of (March 4, 1941).
College Park (June 13, 1945).
Cottage City (Jan. 15, 1941).
District Heights (Nov. 2, 1940).
Edmonston (Oct. 24, 1940).
Fairmont Heights (Oct. 24, 1940).
Forest Heights (April 22, 1949).
Frederick County (May 31, 1991).
Garrett Park (Oct. 2, 1940).
Glenarden (May 21, 1941).
Glen Echo (Oct. 22, 1940).
Greenbelt (Oct. 4, 1940).
Howard County (April 25, 1974).
Hyattsville (Sept. 20, 1940).
Kensington (Nov. 8, 1940).
Landover Hills (May 5, 1945).
Martin's Additions, Village of (Feb. 13, 1941).
Montgomery County (April 30, 1964).
Morningside (May 19, 1949).
Mount Rainier (Nov. 22, 1940).
New Carrollton (July 7, 1981).
North Beach (Sept. 20, 1940).
North Brentwood (May 6, 1941).
North Chevy Chase (July 22, 1942).
Northwest Park (Feb. 17, 1943).
Prince George's County (June 19, 1962).
Riverdale (Sept. 26, 1940).
Rockville (April 15, 1948).
St. Mary's County (March 2, 1998).
Seat Pleasant (Aug. 31, 1942).
Somerset (Nov. 22, 1940).
Takoma Park (Oct. 22, 1940).
University Park (Jan. 18, 1941).
Washington Grove (April 5, 1941).

In Virginia

Alexandria (April 15, 1941).
Arlington County (Sept. 9, 1940).
Clifton (July 14, 1941).
Fairfax, City of (Feb. 9, 1954).
Fairfax County (Nov. 10, 1949).
Falls Church (June 6, 1941).
Herndon (April 7, 1945).
Loudoun County (Oct. 1, 1971).
Manassas (Jan. 8, 1980).
Manassas Park (March 4, 1980).
Portsmouth (Feb. 27, 1958).
Prince William County (Feb. 14, 1967).
Spotsylvania County (March 2, 1998).
Stafford County (Nov. 2, 1979).
Vienna (March 18, 1946).

Other Municipalities

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

[FR Doc. 98-2277 Filed 1-29-98; 8:45 am]
BILLING CODE 6325-01-M