5 C.F.R. Part 734 — POLITICAL ACTIVITIES OF FEDERAL EMPLOYEES

§ 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, 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, 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; or (3) 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 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. Occasional means occurring infrequently, at irregular intervals, and according to no fixed or certain scheme; acting or serving for the occasion or only on particular occasions. 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 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 Action Committee means any committee, association, or organization (whether or not incorporated) which accepts contributions or makes expenditures for the purpose of influencing, or attempting to influence, the nomination or election of one or more individuals to Federal, State, or local elective public office. 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, but does not include ministerial activities which precede or follow this official act. Recurrent means occurring frequently, or periodically on a regular basis. 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 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).

§ 734.102 Jurisdiction. (a) The United States Office of Special Counsel has exclusive authority to investigate allegations of political activity prohibited by the Hatch Act Reform Amendments of 1993, as implemented 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. (5 U.S.C. 1212 and 1216). 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 218, Washington, DC 20036-4505; (2) By telephone on (202) 254-3650, or (1-800) 854-2824; (3) By fax on (202) 254-3700; or (4) By email at Hatchact@osc.gov. (b) The Merit Systems Protection Board has exclusive authority to determine whether a violation of the Hatch Act Reform Amendments of 1993, as implemented by 5 CFR part 734, has occurred and to impose a penalty of removal, reduction-in-grade, debarment from Federal employment for a period not to exceed 5 years, suspension, reprimand, or an assessment of a civil penalty not to exceed $1,000, for violation of the political activity restrictions regulated by this part. (5 U.S.C. 1204 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.)

§ 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.

§ 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.

§ 734.201 Exclusion from coverage. This subpart does not apply to employees in the agencies and positions described in subpart D of this part.

§ 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.

§ 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 in which he or she is employed.

§ 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. (f) Serve as a delegate, alternate, or proxy to a political party convention.

§ 734.205 Participation in political campaigns. Subject to the prohibitions in § 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 § 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.

§ 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.

§ 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.

§ 734.208 Participation in fundraising. (a) An employee may make a political contribution to a political party, political group, campaign committee of a candidate for public office in a partisan election and multicandidate political committee of a Federal labor or Federal employee organization. (b) Subject to the prohibitions stated in section 734.303, an employee may— (1) Attend a political fundraiser; (2) Accept and receive political contributions in a partisan election described in 5 CFR part 733; (3) Solicit, accept, or receive uncompensated volunteer services from any individual; and (4) Solicit, accept, or receive political contributions, as long as: (i) The person who is solicited for a political contribution belongs to the same Federal labor organization, or Federal employee organization, as the employee who solicits, accepts, or receives the contribution; (ii) The person who is solicited for a political contribution is not a subordinate employee; and (iii) The request is for a contribution to the multicandidate political committee of a Federal labor organization or to the multicandidate political committee of a Federal employee organization in existence on October 6, 1993. (c) Subject to the provisions of § 734.306, an employee may make a financial contribution to a political action committee through a voluntary allotment made under § 550.311(b) of this chapter, if the head of the employee's agency permits agency employees to make such allotments to political action committees. (d) An employee who is covered under this subpart and is a payroll official in an agency where employees are permitted to make allotments to political action committees may process the completed direct deposit forms for voluntary allotments which have been made to such committees under section 550.311(b) of this title.

§ 734.301 Exclusion from coverage. This subpart does not apply to employees in the agencies and positions described in subpart D of this part.

§ 734.302 Use of official authority; prohibition. (a) 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. (b) Activities prohibited by paragraph (a) of this section include, but are not limited to: (1) Using his or her official title while participating in political activity; (2) Using his or her authority to coerce any person to participate in political activity; and (3) Soliciting, accepting, or receiving uncompensated individual volunteer services from a subordinate for any political purpose.

§ 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 § 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.

§ 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 § 734.207.

§ 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 shall determine when a matter is pending and ongoing within employing offices of the agency or instrumentality for the purposes of this part.

§ 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.

§ 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.

§ 734.401 Coverage. (a) This subpart applies to employees in the following agencies and positions: (1) The Federal Election Commission; (2) The Election Assistance Commission; (3) The Federal Bureau of Investigation; (4) The Secret Service; (5) The Central Intelligence Agency; (6) The National Security Council; (7) The National Security Agency; (8) The Defense Intelligence Agency; (9) The Merit Systems Protection Board; (10) The Office of Special Counsel; (11) The Office of Criminal Investigation of the Internal Revenue Service. (12) The Office of Investigative Programs of the United States Customs Service; (13) The Office of Law Enforcement of the Bureau of Alcohol, Tobacco, and Firearms; (14) The Criminal Division of the Department of Justice; (15) The National Security Division of the Department of Justice; (16) The National Geospatial-Intelligence Agency; (17) The Office of the Director of National Intelligence; (18) Career Senior Executive Service positions described in 5 U.S.C. 3132(a)(4); (19) Administrative Law Judge positions described in 5 U.S.C. 5372; (20) Contract Appeals Board Member positions described in 5 U.S.C. 5372a; or (21) Administrative Appeals Judge positions described in 5 U.S.C. 5732b. (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.

§ 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 § 734.406; (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.

§ 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.

§ 734.404 Participation in political organizations. (a) Each employee covered under this subpart retains the right to: (1) Participate in the nonpartisan activities of a civic, community, social, labor, or professional organization, or of a similar organization; (2) 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; (3) Attend a political convention, rally, fund-raising function, or other political gathering; and (4) Make a financial contribution to a political party, partisan political group, or to the campaign committee of a candidate for partisan political office. (b) Subject to the provisions in § 734.406, an employee covered under this subpart may make a financial contribution to a political action committee through a voluntary allotment made under § 550.311(b) of this chapter if the head of the employee's agency permits agency employees to make such allotments to political action committees. (c) An employee who is covered under this subpart and is a payroll official in an agency where employees are permitted to make allotments to political action committees may process the completed direct deposit forms for voluntary allotments which have been made to such committees under § 550.311(b) of this chapter.

§ 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.

§ 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]

§ 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.

§ 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 subpart D of this part.

§ 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.

§ 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.

§ 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.

§ 734.412 Participation in elections; prohibitions. An employee covered under this subpart may not: (a) Be a candidate for partisan political office; (b) Act as recorder, watcher, challenger, or similar officer at polling places in concert with a political party, partisan political group, or a candidate for partisan political office; (c) Drive voters to polling places in concert with a political party, partisan political group, or a candidate for partisan political office.

§ 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.

§ 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.

§ 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. (c) An employee described in paragraph (a) of this section may participate, subject to any restrictions that may be imposed in accordance with § 734.104, in political activities: (1) While he or she is on duty; (2) While he or she is wearing a uniform, badge, or insignia that identifies the agency or instrumentality of the United States Government or the position of the employee; (3) While he or she is in any room or building occupied in the discharge of official duties by an individual employed or holding office in the Government of the United States or any agency or instrumentality thereof; or (4) While using a Government-owned or leased vehicle or while using a privately-owned vehicle in the discharge of official duties. (d) An employee, to whom subpart E of this part does not apply, who is not on duty may participate in political activities in rooms of the White House or the Residence of the Vice President which are part of the Residence area or which are not regularly used solely in the discharge of official duties.

§ 734.503 Allocation and reimbursement of costs associated with political activities. (a) The costs associated with the political activities described in § 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 § 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.

§ 734.504 Contributions to political action committees through voluntary payroll allotments prohibited. An employee described in § 734.502(a) may not financially contribute to a political action committee through a voluntary allotment made under § 550.311(b) of this title.

§ 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.

§ 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 § 734.702 references some of the more significant of those statutes. It is not comprehensive and includes only references to statutes of general applicability.

§ 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).