[Federal Register Volume 78, Number 66 (Friday, April 5, 2013)]
[Proposed Rules]
[Pages 20497-20498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07872]
[[Page 20497]]
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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: Proposed rule.
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SUMMARY: The Office of Personnel Management (OPM) proposes to amend its
regulations by granting Federal employees residing in the District of
Columbia a partial exemption from the political activity restrictions
and adding the District of Columbia to its regulatory list of
designated localities. The proposed amendment reflects OPM's
determination that the District of Columbia meets the criteria for a
partial exemption to issue.
DATES: Written comments must be received on or before June 4, 2013.
ADDRESSES: Comments may be mailed to Elaine Kaplan, General Counsel,
Room 7355, United States Office of Personnel Management, 1900 E Street
NW., Washington, DC 20415.
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. 7321-7326,
governs the political activity of Federal employees, as well as
individuals employed with the United States Postal Service. Section
7323(a) generally permits Federal employees who are not employed in the
Federal agencies or positions described in section 7323(b), as amended,
to take an active part in partisan political campaigns. Employees
employed in the Federal agencies or positions specified in 5 U.S.C.
7323(b), as amended, generally may participate in nonpartisan political
activities. According to 5 U.S.C. 7323(a)(2) and (3), Federal employees
may not become candidates for partisan political office and may not
solicit, accept, or receive political contributions. Section 7325,
however, authorizes OPM to prescribe regulations exempting Federal
employees from the prohibitions in section 7323(a)(2) and (3) to the
extent OPM considers it to be in their domestic interest.
Under the authority of 5 U.S.C. 7325, as amended, OPM may issue a
regulatory exemption to the District of Columbia if OPM determines
that, because of special or unusual circumstances, it is in the
domestic interest of the District's federally employed residents to
permit their political participation in accordance with regulations
prescribed by OPM.
In regulations at 5 CFR 733.107(c), OPM has designated
municipalities and political subdivisions where Federal employees may
participate in local elections. At 5 CFR 733.103-733.106, OPM has
established limitations on political participation by most Federal
employees residing in these designated municipalities and subdivisions.
Under 5 CFR 733.103, most Federal employees who reside in a
municipality or political subdivision designated by OPM may: (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, however, these employees 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 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 or positions listed in 5 U.S.C. 7323(b)
and 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].
In response to an application from the Honorable Eleanor Holmes
Norton, the Delegate from the District of Columbia to the United States
House of Representatives, OPM proposes to designate the District of
Columbia as a municipality in which Federal employees may run for local
partisan political office, subject to the limitations established by
OPM, and accept or receive political contributions in connection with
elections for local public office. This proposal reflects OPM's
determination that special or unusual circumstances exist so that it is
in the domestic interest of Federal employees residing in the District
of Columbia to participate in these political activities. Principal
factors leading to OPM's determination are the enactment of the Hatch
Act Modernization Act of 2012, Public Law 112-230 (December 28, 2012),
expressly providing for a partial exemption for the District of
Columbia, as well as the District of Columbia's high concentration of
federally employed residents, its unique position as the capital of the
United States, and the partisan nature of its elections for local
public office.
If this proposed rule is adopted, OPM will amend 5 CFR 733.107(c)
by adding the District of Columbia to the list of other designated
municipalities in which Federal Government employees may participate in
elections for local partisan political office in accordance with the
conditions specified in 5 CFR 733.103--733.106. The addition of the
District of Columbia will be listed after Crane, Indiana, and before
Elmer City, Washington.
[[Page 20498]]
E.O. 12291, Federal Regulation
I have determined that this is not a major rule as defined under
section 1(b) of E.O. 12291, Federal Regulation.
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 activity--Federal employees residing in designated
localities.
U.S. Office of Personnel Management.
John Berry,
Director.
Accordingly, the Office of Personnel Management proposes to amend 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 (The Hatch Act
Modernization Act of 2012), 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. 2013-07872 Filed 4-4-13; 8:45 am]
BILLING CODE 6325-48-P