[Federal Register Volume 78, Number 216 (Thursday, November 7, 2013)]
[Rules and Regulations]
[Pages 66825-66826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26741]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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Federal Register / Vol. 78, No. 216 / Thursday, November 7, 2013 /
Rules and Regulations
[[Page 66825]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 733
RIN 3206-AM80
Political Activity--Federal Employees Residing in Designated
Localities
AGENCY: Office of Personnel Management.
ACTION: Final rule.
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SUMMARY: OPM is amending its regulations to grant Federal employees
residing in the District of Columbia a partial exemption from the
political activity restrictions, and to add the District of Columbia to
its regulatory list of designated localities in OPM regulations. This
regulatory amendment reflects OPM's determination that the District of
Columbia meets the criteria in the Hatch Act, as amended by the Hatch
Act Modernization Act of 2012, for a partial exemption to issue.
DATES: This rule is effective December 9, 2013.
FOR FURTHER INFORMATION CONTACT: Jo-Ann Chabot, Office of the General
Counsel, United States Office of Personnel Management, (202) 606-1700.
SUPPLEMENTARY INFORMATION: The Hatch Act, at 5 U.S.C. 7323(a)(2) and
(3), prohibits Federal employees from becoming candidates for partisan
political office and from soliciting, accepting, or receiving political
contributions. However, 5 U.S.C. 7325, as amended, authorizes 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) only if the
requirements described in section 7325 are met. The first requirement
is that: (1) The community must be the District of Columbia; or, (2)
the community or political subdivision must be located in Maryland or
Virginia, and in the immediate vicinity of the District of Columbia;
or, (3) 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 community or political
subdivision. Under 5 CFR part 733, the exemption from the prohibitions
in 5 U.S.C. 7323(a)(2) and (3) is a partial exemption because in 5 CFR
733.103 through 733.106, OPM has established limitations on political
participation by most Federal employees residing in these designated
municipalities and subdivisions.
On April 5, 2013, OPM issued a proposed rule at 78 FR 20497 to add
the District of Columbia to the regulatory list of designated
localities at 5 CFR 733.107(c). In its notice of proposed rulemaking,
OPM noted that the District of Columbia had fulfilled the statutory
requirements for a partial exemption to issue and proposed the addition
of the District of Columbia to the regulatory list of designated
localities.
OPM received one comment from a labor organization supporting the
proposal to include the District of Columbia in the OPM regulatory list
of designated localities and encouraging OPM adopt the proposed
amendment as a final rule. The comment noted that a large share of
District of Columbia residents were Federal employees who otherwise
would be prohibited from running for major local offices in the
District of Columbia because these elections are partisan, and from
partaking in many political activities associated with participation in
partisan election campaigns. The comment noted that this limited the
pool of candidates for election to local District offices, and denied
federally employed District residents the opportunity to participate in
some of the most vital aspects of self-governance and the democratic
process. In addition, the comment noted that, because the proposed
amendment would dramatically broaden the pool of eligible candidates
for District of Columbia office and offer many District residents the
opportunity to more fully participate in the local political process,
local governance, and the civic life of their community, special or
unusual circumstances indeed existed so that the proposed amendment was
in the domestic interest of Federal employees residing in the District
of Columbia. Consequently, comment urged OPM to adopt the regulatory
proposal as a final rule.
Therefore, OPM is adding the District of Columbia to its list of
designated localities at 5 CFR 733.107(c). When this rule becomes
effective, federally employed residents of the District of Columbia
will be permitted under 5 CFR 733.103 to participate in the following
activities: (1) Run as an independent candidate in a local election to
partisan political office; (2) solicit, accept, or receive political
contributions as, or on behalf of, an independent candidate for
partisan political office in a local election; (3) accept or receive
political contributions 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; 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.
Under 5 CFR 733.104 of title 5, however, federally employed
residents of the District of Columbia may not: (1) Run as the
representative of a political party for local partisan political
office; (2) solicit political contributions on behalf of individuals
who are candidates for local partisan political office and who
represent a political party; (3) knowingly solicit a political
contribution from any Federal employee, except when permitted; (4)
accept or receive political contributions from a subordinate; (5)
solicit, accept, or receive uncompensated volunteer services from a
subordinate for any political purpose. Employees also may not
participate in political activities when on duty, or while they are
wearing items that identify their employing agency or their position.
They cannot participate in political activities while they are in any
room or building in the discharge of official duties by an individual
employed or holding office in the Government of the United States
[[Page 66826]]
or any agency or instrumentality thereof; nor while using a Government-
owned or lease vehicle, or while using a privately-owned vehicle in the
discharge of official duties.
Moreover, 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.
Sections 733.103 and 733.104 of Title 5, Code of Federal
Regulations, do not apply to individuals, such as career senior
executives and employees of the Federal Bureau of Investigation, who
are employed in the agencies and positions listed on the Web site of
the United States Office of Special Counsel, at http://www.osc.gov/haFederalFurtherRestricted.htm, and at 5 CFR 733.105(a). These
individuals are subject to the more stringent limitations described in
5 CFR 733.105 and 733.106.
Individuals who require advice concerning specific political
activities, and whether an activity is permitted or prohibited under 5
CFR 733.103-733.106, should contact the United States Office of Special
Counsel at (800) 854-2824 or (202) 254-3650. Requests for Hatch Act
advisory opinions may be made by email to: [email protected].
The District of Columbia will be listed alphabetically after Crane,
Indiana, and before Elmer City, Washington, at 5 CFR 733.107(c).
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).
U.S. Office of Personnel Management.
Elaine Kaplan,
Acting Director.
Accordingly, the Office of Personnel Management amends 5 CFR part
733 as follows:
PART 733--POLITICAL ACTIVITY--FEDERAL EMPLOYEES RESIDING IN
DESIGNATED LOCALITIES
0
1. The authority citation for part 733 is revised to read as follows:
Authority: 5 U.S.C. 7325; Pub. L. 112-230, 126 Stat. 1616 (Dec.
28, 2012); sec. 308 of Pub. L. 104-93, 109 Stat. 961, 966 (Jan. 6,
1996).
0
2. Section 733.107(c) is amended by adding the District of Columbia,
alphabetically, to the list of other designated municipalities as set
forth below.
Sec. 733.107 Designated localities.
* * * * *
(c) * * *
Other Municipalities
* * * * *
District of Columbia
* * * * *
[FR Doc. 2013-26741 Filed 11-6-13; 8:45 am]
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