PART 732-PERSONNEL SECURITY AND RELATED PROGRAMS Subparts A-C-[Reserved] Subpart D-Security and Related Determinations § 732.401 Reemployment eligibility of certain former Federal employees. (a) Request. A former employee who was terminated, or who resigned while suspended or while charges were pending, from a department or agency of the Government under a statute or executive order authorizing termination. in the interest of national security, in the interest of the United States, or on grounds relating to loyalty, and authorizing OPM to determine his eligibility for employment in another department or agency of the Government, may request OPM in writing to determine whether he is eligible for employment in another department or agency of the Government. (b) Action by OPM. (1) OPM shall determine, and will notify the former employee, after appropriate consideration of his case, including such investigation as it considers necessary, whether he may be employed in another department or agency of the Government. (2) If a former Federal employee found unsuitable under this section has had an opportunity to comment on the reasons for the action, or has furnished them to OPM or to his former employing agency, OPM may also cancel his reinstatement eligibility if the eligibility resulted from his last Federal employment and was obtained through fraud, or OPM may prescribe a period of debarment from the competitive service, not to exceed 3 years, or both. (5 U.S.C. 3201, 3302, 7312: 50 U.S.C. 403; E.O. 10450, 3 CFR. 1949-1953 Comp., p. 936; E.O. 10577, 3 CFR, 1954-1958 Comp., p. 218) [33 FR 12484, Sept. 4, 1968] (a) All employees are free to engage in political activity to the widest extent consistent with the restrictions imposed by law and this subpart. Each employee retains the right to (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. § 733.122 Political management and political 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 paragraph (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 cand.date for public office in a partisan election or a candidate for political party office in a political advertisement, a broadcast, campaign, literature, or similar material; (11) Serving as a delegate, alternate, or proxy to a political party convention; § 733.123 Prohibited activity; exception of certain employees. (a) Sections 733.121 and 733.122 do not apply to an employee of an educational or research institution, establishment, agency, or system which is supported in whole or in part by the District of Columbia or by a recognized religious, philanthropic, or cultural organization. (b) Section 733.122 does not apply to (1) An individual exempted under section 7324(d) of title 5, United States Code; (2) An employee of The Alaska Railroad who resides in a municipality on the line of the railroad in respect to political activities involving that municipality; (3) Subject to the conditions of § 733.124, an employee who resides in a municipality or other political subdivision designated by OPM under that section; or (4) An employee who works on an irregular or occasional basis, on the days that he performs no services. § 733.124 Political management and political campaigning; exception of certain elections. (a) Section 733.122 does not prohibit activity in political management or in a political campaign by an employee in connection with (1) A nonpartisan election, or (2) Subject to the conditions and limitations established by OPM, an election held in a municipality or political subdivision designated by OPM under paragraph (b) of this section. (b) For the purpose of paragraph (a)(2) of this section, the Office may designate a municipality or political subdivision in Maryland or Virginia in the immediate vicinity of the District of Columbia or a municipality in which the majority of voters are employed by the Government of the United States, when the Office determines that, because of special or unusual circumstances, it is in the domestic interest of employees to participate in local elections. Information as to the documentation required to support a request for designation is furnished by the Office on request. The following municipalities and political subdivisions have been designated, effective on the date specified: IN MARYLAND Annapolis (May 16, 1941). Anne Arundel County (March 14, 1973). Chevy Chase, sections 1 and 2 (Mar. 4, 1941). Chevy Chase, section 3 (Oct. 8, 1940). Chevy Chase View (Feb. 26, 1941). Cottage City (Jan. 15, 1941). Howard County (Apr. 25, 1974). Prince Georges County (June 19, 1962). IN VIRGINIA Alexandria (Apr. 15, 1941). Loudoun County (Oct. 1, 1971). Manassas (Jan. 8, 1980). Manassas Park (Mar. 4, 1980) Portsmouth (Feb. 27, 1958). Prince William County (Feb. 14, 1967). OTHER MUNICIPALITIES Anchorage, Alaska (Dec. 29, 1947). District of Columbia (July 5, 1977). Port Orchard, Wash. (Feb. 27, 1946). Sierra Vista, Ariz. (Oct. 5, 1955). (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 § 734.102 Purpose. These regulations supplement and implement Title II of the Act, set forth more specifically certain procedures provided in that title and furnish examples, where appropriate. § 734.103 Agency regulations. Each agency may, subject to the prior approval of the Office of Government Ethics, issue regulations implementing this part. These regulations- (a) Shall be consistent with the Act and with this part, and (b) Shall impos? no additional reporting requirements on individuals subject to the Act, except as may be specifically authorized by statute or by approval of the Office of Government Ethics. Requests for this approval shall be submitted in writing to the Office, setting forth the need for any additional reporting requirements by the agency involved. § 734.104 Policies. (a) (1) Title II of the Ethics in Government Act of 1978 requires highlevel Federal executives to disclose their personal financial interests and thereby demonstrate that they are able to carry out their duties without compromising the public trust. Public confidence in Government goes hand in hand with an open Government. Title II extends the cleansing principle of "Sunshine" to consideration of conflicts of interest. (2) Title II, as amplified and implemented by these regulations of this Part 734, will serve to deter conflicts of interest and to identify potential conflicts of interest in the case of newcomers to Government service by providing for a systematic review of the financial holdings of both current and prospective officers and employees. (3) Statements of income, assets and liabilities must be reported by the President and Vice President of the United States, presidential appointees, those in the Senior Executive Service, those in confidential or policymaking positions (Schedule C), and civil service employees in grades GS-16 and above (and the equivalent), including comparable officers in the uniformed |