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(i) Positions that are intermittent, (e) Keep any record of the agency seasonal, per diem, or temporary, not action required by OPM as published to exceed an aggregate of 180 days in in the Federal Personnel Manual and either a single continuous appoint. related issuances. ment or series of appointments; or
(ii) Positions filled by aliens em 8 732.302 Reporting to OPM. ployed outside the United States.
(a) In accordance with section 9(a) (2) Other positions that OPM, in its
of E.O. 10450, each agency conducting discretion, deems appropriate may be
an investigation under E.O. 10450 is made exempt based on a written re
required to notify OPM when the inquest to OPM by the agency head in
vestigation is initiated. whose department or agency the posi
(b) In accordance with section 14(c) tions are located.
of E.O. 10450, agencies shall report to 8732.203 Periodic reinvestigation require
OPM the action taken with respect to ments.
individuals investigated pursuant to
E.O. 10450 as soon as possible and in The incumbent of each position des
no event later than 90 days after reignated Special-Sensitive or Critical
ceipt of the final report of investigaSensitive under this part shall be sub
tion. ject to periodic reinvestigation of a scope prescribed by OPM 5 years after placement, and at least once each suc
Subpart D-Security and Related ceeding 5 years. The employing agency
Determinations will use the results of such periodic reinvestigation to determine whether
8 732.401 Reemployment eligibility of cer. the continued employment of the indi
tain former Federal employees. vidual in a sensitive position is clearly (a) Request. A former employee who consistent with the interests of the na was terminated, or who resigned while tional security.
charges were pending, from a depart
ment or agency of the Government Subpart C-Due Process and under a statute or executive order auReporting
thorizing termination in the interest
of national security or on grounds re§ 732.301 Due process.
lating to loyalty, and authorizing When an agency makes an adjudica
OPM to determine the eligibility for tive decision under this part based on
employment in another department or an OPM investigation, or when an
agency of the Government, may reagency, as a result of information in
quest OPM in writing to determine an OPM investigation, changes a ten
whether the individual is eligible for tative favorable placement or clear
employment in another department or ance decision to an unfavorable deci
agency of the Government. sion, the agency must:
(b) Action by OPM. (1) OPM shall (a) Insure that the records used in determine, and will notify the former making the decision are accurate, rele
employee, after appropriate considervant, timely, and complete to the ation of the case, including such invesextent reasonably necessary to assure
tigation as it considers necessary, fairness to the individual in any deter
whether the individual may be emmination.
ployed in another department or (b) Comply with all applicable ad agency of the Government. ministrative due process requirements, (2) If a former Federal employee as provided by law, rule, or regulation. found ineligible under this section has
(c) At a minimum, provide the indi had an opportunity to comment on vidual concerned:
the reasons for the action, or has fur(1) Notice of the specific reason(s) nished them to OPM or to the former for the decision; and
employing agency, OPM may cancel (2) An opportunity to respond; and the reinstatement eligibility if the eli. (3) Notice of appeal rights, if any. gibility resulted from the last Federal
(d) Consider all available informa employment and was obtained tion in reaching its final decision. through fraud, and OPM may pre
scribe a period of debarment not to any of whose candidates for presidenexceed 3 years.
tial elector received votes in the last
preceding election at which presidenPART 733–POLITICAL ACTIVITY OF tial electors were selected; and FEDERAL EMPLOYEES
(2) An election involving a question
or issue which is not specifically idenSubpart A-The Competitive Service tified with a political party, such as a
constitutional amendment, referenGENERAL PROVISIONS
dum, approval of a municipal ordiSec.
nance, or any question or issue of a 733.101 Definitions.
similar character; and PERMISSIBLE ACTIVITIES
(f) Partisan when used as an adjec733.111 Permissible activities.
tive refers to a political party.
(g) Political fund means any fund, PROHIBITED ACTIVITIES
organization, political action commit733.121 Use of official authority; prohibi. tee, or other entity that, for purposes tion.
of influencing in any way the outcome 733.122 Political management and political
of any partisan election, receives or campaigning; prohibitions. 733.123 Prohibited activity; exception of
expends money or anything of value certain employees.
or transfers money or anything of 733.124 Political management and political value to any other fund, political campaigning; exception of certain elec
party, candidate, organization, polititions.
cal action committee, or other entity. Subpart B—The Excepted Service
(h) Contribution means any gift,
subscription, loan, advance, deposit of 733.201 Jurisdiction.
money, allotment of money, or any
thing of value given or transferred by Subpart C—The U.S. Postal Service
one person to another, including in 733.301 Jurisdiction.
cash, by check, by draft, through a AUTHORITY: 5 U.S.C. 3301, 3302, 7301, payroll deduction or allotment plan, 7321, 7322, 7323, 7324, 7325, and 7327; Reor- by pledge or promise, whether or not ganization Plan No. 2 of 1978, 3 CFR 1978
enforceable, or otherwise. Comp. p. 323; and E.O. 12107, 3 CFR 1978 Comp. p. 264.
(i) Federal workplace means any
place, site, installation, building, room, SOURCE: 35 FR 16785, Oct. 30, 1970, unless otherwise noted.
or facility in which any Executive de
partment or agency conducts official Subpart A-The Competitive Service
business, including, but not limited to,
office buildings, forts, arsenals, navy GENERAL PROVISIONS
yards, post offices, vehicles, ships, and
aircraft. $ 733.101 Definitions.
(j) Employer or employing authority In this subpart:
means the immediate employing (a) Employee means an individual agency head, agency principals, or an who occupies a position in the com- employee's supervisor. petitive service; (b) Agency means an executive
(35 FR 16785, Oct. 30, 1970, as amended at agency and the government of the Dis. 49 FR 17432, Apr. 24, 1984) trict of Columbia;
PERMISSIBLE ACTIVITIES (c) Political party means a National political party, a State political party, 8733.111 Permissible activities. and an affiliated organization; (d) Election includes a primary, spe.
(a) All employees are free to engage cial, and general election;
in political activity to the widest (e) Nonpartisan election means
extent consistent with the restrictions (1) An election at which none of the imposed by law and this subpart. Each candidates is to be nominated or elect- employee retains the right toed as representing a political party (1) Register and vote in any election;
(2) Express his opinion as an individual privately and publicly on political subjects and candidates;
(3) Display a political picture, sticker, badge, or button;
(4) Participate in the nonpartisan activities of a civic, community, social, labor, or professional organization, or of a similar organization;
(5) Be a member of a political party or other political organization and participate in its activities to the extent consistent with law;
(6) Attend a political convention, rally, fund-raising function; or other political gathering;
(7) Sign a political petition as an individual;
(8) Make a financial contribution to a political party or organization;
(9) Take an active part, as an independent candidate, or in support of an independent candidate, in a partisan election covered by $ 733.124;
(10) Take an active part, as a candidate or in support of a candidate, in a nonpartisan election;
(11) 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;
(12) Serve as an election judge or clerk, or in a similar position to perform nonpartisan duties as prescribed by State or local law; and
(13) Otherwise participate fully in public affairs, except as prohibited by law, in a manner which does not materially compromise his efficiency or integrity as an employee or the neutrality, efficiency, or integrity of his agency.
(b) Paragraph (a) of this section does not authorize an employee to engage in political activity in violation of law, while on duty, or while in a uniform that identifies him as an employee. The head of an agency may prohibit or limit the participation of an employee or class of employees of his agency in an activity permitted by paragraph (a) of this section, if participation in the activity would interfere with the efficient performance of official duties, or create a conflict or apparent conflict of interests.
8733.122 Political management and politi
cal campaigning; prohibitions. (a) An employee may not take an active part in political management or in a political campaign, except as permitted by this subpart.
(b) Activities prohibited by para. graph (a) of this section include but are not limited to
(1) Serving 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 club, or being a candidate for any of these positions;
(2) Organizing or reorganizing a political party organization or political club;
(3) Directly or indirectly soliciting, receiving, collecting, handling, disbursing, or accounting for assessments, contributions, or other funds for a partisan political purpose;
(4) Organizing, selling tickets to, promoting, or actively participating in a fund-raising activity of a candidate in a partisan election or of a political party, or political club;
(5) Taking an active part in managing the political campaign of a candidate for public office in a partisan election or a candidate for political party office;
(6) Becoming a candidate for, or campaigning for, an elective public office in a partisan election;
(7) Soliciting votes in support of or in opposition to a candidate for public office in a partisan election or a candidate for political party office;
(8) Acting as recorder, watcher, challenger, or similar officer at the polls on behalf of a political party or a candidate in a partisan election;
(9) Driving voters to the polls on behalf of a political party or a candidate in a partisan election;
(10) Endorsing or opposing a candidate for public office in a partisan
election or a candidate for political vision designated by OPM under that party office in a political advertise- section; or ment, a broadcast, campaign, litera (4) An employee who works on an irture, or similar material;
regular or occasional basis, on the (11) Serving as a delegate, alternate, days that he performs no services. or proxy to a political party convention;
8733.124 Political management and politi(12) Addressing a convention,
cal campaigning; exception of certain caucus, rally, or similar gathering of a
elections. political party in support of or in op- (a) Section 733.122 does not prohibit position to a partisan candidate for activity in political management or in public office or political party office; a political campaign by an employee in
(13) Initiating or circulating a parti connection withsan nominating petition;
(1) A nonpartisan election, or (14) Soliciting, collecting, or receiv (2) Subject to the conditions and ing a contribution at or in the Federal limitations established by OPM, an workplace from any employee for any election held in a municipality or popolitical party, political fund, or other litical subdivision designated by OPM partisan recipient;
under paragraph (b) of this section. (15) Paying a contribution at or in (b) For the purpose of paragraph the Federal workplace to any employ- (a)(2) of this section, the Office may ee who is the employer or employing designate a municipality or political authority of the person making the subdivision in Maryland or Virginia in contribution for any political party, the immediate vicinity of the District political fund, or other partisan recipi
of Columbia or a municipality in ent; and
which the majority of voters are em(16) Soliciting, paying, collecting, or ployed by the Government of the receiving a contribution at or in the United States, when the Office deterFederal workplace from any employee mines that, because of special or unfor any political party, political fund, usual circumstances, it is in the domesor other partisan recipient.
tic interest of employees to participate
in local elections. Information as to (35 FR 16785, Oct. 30, 1970, as amended at
the documentation required to sup41 FR 49473, Nov. 9, 1976; 49 FR 17433, Apr. 24, 1984)
port a request for designation is fur
nished by the Office on request. The 8733.123 Prohibited activity; exception of
following municipalities and political certain employees.
subdivisions have been designated, ef
fective on the date specified: (a) Sections 733.121 and 733.122 do not apply to an employee of an educa
IN MARYLAND tional or research institution, estab
Annapolis (May 16, 1941). lishment, agency, or system which is
Anne Arundel County (March 14, 1973). supported in whole or in part by the Berwyn Heights (June 15, 1944). District of Columbia or by a recog. Bethesda (Feb. 17, 1943). nized religious, philanthropic, or cul Bladensburg (Apr. 20, 1942). tural organization.
Bowie (Apr. 11, 1952). (b) Section 733.122 does not apply
Brentwood (Sept. 26, 1940).
Capitol Heights (Nov. 12, 1940). to
Cheverly (Dec. 18, 1940). (1) An individual exempted under
Chevy Chase, sections 1 and 2 (Mar. 4, section 7324(d) of title 5, United States
Chevy Chase, section 3 (Oct. 8, 1940). (2) An employee of The Alaska Rail Chevy Chase, section 4 (Oct. 2, 1940). road who resides in a municipality on Martin's Additions 1, 2, 3, and 4 to Chevy the line of the railroad in respect to
Chase (Feb. 13, 1941). political activities involving that mu
Chevy Chase View (Feb. 26, 1941).
College Park (June 13, 1945). nicipality;
Cottage City (Jan. 15, 1941). (3) Subject to the conditions of
District Heights (Nov. 2, 1940). $ 733.124, an employee who resides in Edmonston (Oct. 24, 1940). a municipality or other political subdi- Fairmont Heights (Oct. 24, 1940).
Forest Heights (Apr. 22, 1949).
political subdivision, subject to the fol. | lowing limitations:
(1) Participation in politics shall be as an independent candidate or on behalf of, or in opposition to, an independent candidate.
(2) Candidacy for, and service in, an elective office shall not result in neglect of or interference with the performance of the duties of the employ. ee or create a conflict, or apparent conflict, of interests. (5 U.S.C. 7701, et seq.) (35 FR 16785, Oct. 30, 1970)
EDITORIAL NOTE: For Federal Register citations affecting $ 733.124, see the List of CFR Sections Affected in the Finding Aids sec. tion of this volume.
Subpart B-The Excepted Service 8 733.201 Jurisdiction.
Sections 733.111-733.124 apply to an employee in the excepted service. It is the responsibility of the employing agency to investigate and decide allegations of prohibited political activity on the part of such an employee.
IN VIRGINIA Alexandria (Apr. 15, 1941). Arlington County (Sept. 9, 1940). Clifton (July 14, 1941). Fairfax County (Nov. 10, 1949). Town of Fairfax (Feb. 9, 1954). Falls Church (June 6, 1941). Herndon (Apr. 7, 1945). Loudoun County (Oct. 1, 1971). Manassas (Jan. 8, 1980). Manassas Park (Mar. 4, 1980) Portsmouth (Feb. 27, 1958). Prince William County (Feb. 14, 1967). Stafford County (Nov. 2, 1979). Vienna (Mar. 18, 1946).
Subpart C—The U.S. Postal Service 8 733.301 Jurisdiction.
Sections 733.101 (c), (d), (e), and (f) through 733.124 apply to an employee of the U.S. Postal Service. (5 U.S.C. 7701, et seq.) [44 FR 48954, Aug. 21, 1979)
PART 735-EMPLOYEE RESPONSIBILITIES AND CONDUCT
NOTE: Part 1001 added to this chapter at 31 FR 873, January 22, 1966 and revised at 32 FR 11113, Aug. 1, 1967 and 36 FR 6874, Apr. 9, 1971, supplements this part 735.
(c) An employee who resides in a municipality or political subdivision listed in paragraph (b) of this section may take an active part in political management and political campaigns in connection with partisan elections for local offices of the municipality or
Subpart A-General Provisions
Sec. 735.101 Purpose. 735.102 Definitions. 735.103 Applicability to members of the
uniformed services. 735.104 Issuance, approval, and publication
of agency regulations. 735.105 Interpretation and advisory serv