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§ 732.202 Waivers and exceptions to investigative requirements.

(a) Waivers—(1) General. A waiver of the preappointment investigative requirement contained in section 3(b) of Executive Order 10450 for employment in a sensitive national security position may be made only for a limited period: (i) In case of emergency if the head of the department or agency concerned finds that such action is necessary in the national interest; and (ii) when such finding is made a part of the records of the department or agency.

(2) Specific waiver requirements. (i) The preappointment investigative requirement may not be waived for appointment to positions designated SpecialSensitive under this part.

(ii) For positions designated CriticalSensitive under this part, the records of the department or agency required by §732.202(a)(1) of this part shall show what decision was made on obtaining prewaiver checks, as follows: (A) The nature of the emergency precluded obtaining prewaiver checks; or (B) checks were initiated but not all responses were received within 5 days; or (C) checks made and favorably completed are listed.

(iii) The waiver restriction is optional for positions designated Noncritical-Sensitive under this part.

(iv) When waiver is authorized, the required investigation must be initiated within 14 days of placement of the individual in the position.

(b) Exceptions to investigative requirements. (1) Pursuant to section 3(a) of E.O. 10450, the following positions are exempt from the investigative requirements of E.O. 10450, providing that the employing agency conducts such checks as it deems appropriate to insure that the employment or retention of individuals in these positions is clearly consistent with the interests of the national security:

(i) Positions that are intermittent, seasonal, per diem, or temporary, not to exceed an aggregate of 180 days in either a single continuous appointment or series of appointments; or

(ii) Positions filled by aliens employed outside the United States.

(2) Other positions that OPM, in its discretion, deems appropriate may be made exempt based on a written re

quest to OPM by the agency head in whose department or agency the positions are located.

§ 732.203 Periodic reinvestigation requirements.

The incumbent of each position designated Special-Sensitive or CriticalSensitive under this part shall be subject to periodic reinvestigation of a scope prescribed by OPM 5 years after placement, and at least once each succeeding 5 years. The employing agency will use the results of such periodic reinvestigation to determine whether the continued employment of the individual in a sensitive position is clearly consistent with the interests of the national security.

Subpart C-Due Process and Reporting

§ 732.301 Due process.

When an agency makes an adjudicative decision under this part based on an OPM investigation, or when an agency, as a result of information in an OPM investigation, changes a tentative favorable placement or clearance decision to an unfavorable decision, the agency must:

(a) Insure that the records used in making the decision are accurate, relevant, timely, and complete to the extent reasonably necessary to assure fairness to the individual in any determination.

(b) Comply with all applicable administrative due process requirements, as provided by law, rule, or regulation.

(c) At a minimum, provide the individual concerned:

(1) Notice of the specific reason(s) for the decision; and

(2) An opportunity to respond; and (3) Notice of appeal rights, if any. (d) Consider all available information in reaching its final decision.

(e) Keep any record of the agency action required by OPM as published in the Federal Personnel Manual and related issuances.

§ 732.302 Reporting to OPM.

(a) In accordance with section 9(a) of E.O. 10450, each agency conducting an

investigation under E.O. 10450 is required to notify OPM when the investigation is initiated.

(b) In accordance with section 14(c) of E.O. 10450, agencies shall report to OPM the action taken with respect to individuals investigated pursuant to E.O. 10450 as soon as possible and in no event later than 90 days after receipt of the final report of investigation.

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 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 or on grounds relating to loyalty, and authorizing OPM to determine the eligibility for employment in another department or agency of the Government, may request OPM in writing to determine whether the individual 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 the case, including such investigation as it considers necessary, whether the individual may be employed in another department or agency of the Government.

(2) If a former Federal employee found ineligible under this section has had an opportunity to comment on the reasons for the action, or has furnished them to OPM or to the former employing agency, OPM may cancel the reinstatement eligibility if the eligibility resulted from the last Federal employment and was obtained through fraud, and OPM may prescribe a period of debarment not to exceed 3 years.

PART 733-POLITICAL ACTIVITYFEDERAL EMPLOYEES RESIDING IN DESIGNATED LOCALITIES

Sec.

733.101 Definitions.

733.102 Political activities permitted-employees residing in designated localities. 733.103 Exclusion of employees in certain agencies and offices.

AUTHORITY: 5 U.S.C. 7325.

SOURCE: 59 FR 5314, Feb. 4, 1994, unless otherwise noted.

§ 733.101 Definitions.

In this part:

Employee means:

Any individual (other than the President, the 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;

(3) The government of the District of Columbia, other than the Mayor or a member of the City Council or the Recorder of Deeds; or

(4) The United States Postal Service or the Postal Rate Commission.

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.

Political contribution means any gift, subscription, loan, advance, or deposit of money or anything of value, made for any political purpose. 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 for any political purpose.

§ 733.102 Political

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mitted-employees residing in designated localities.

(a) Employees who reside in a municipality or political subdivision designated by OPM under paragraph (d) of this section may:

(1) Run as independent candidates for election to partisan political office in elections for local offices of the municipality or political subdivision; and

(2) Accept or receive political contributions in connection with the local elections of the municipality or political subdivision.

(b) Employees may not solicit political contributions from the general public.

(c) 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 confict, of interest.

(d) OPM 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 OPM 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 General Counsel of OPM on request. The following municipalities and political subdivisions have been designated, effective on the day specified:

IN MARYLAND

Annapolis (May 16, 1941).

Anne Arundel County (March 14, 1973). Berwyn Heights (June 15, 1944).

Bethesda (Feb. 17, 1943).

Bladensburg (Apr. 20, 1942).

Bowie (Apr. 11, 1952).

Brentwood (Sept. 26, 1940).

Calvert County (June 18, 1992).

Capitol Heights (Nov. 12, 1940).

Cheverly (Dec. 18, 1940).

Chevy Chase, Martin's Additions 1, 2, 3, and 4 (Feb. 13, 1941).

Chevy Chase, section 1 and 2 (Mar. 4, 1941).
Chevy Chase, section 3 (Oct. 8, 1940).
Chevy Chase, section 4 (Oct. 2, 1940).
Chevy Chase View (Feb. 26, 1941).
College Park (June 13, 1945).

Cottage City (Jan. 15, 1941).
District Heights (Nov. 2, 1940).
Edmonston (Oct. 24, 1940).
Fairmont Heights (Oct. 24, 1940).
Forest Heights (Apr. 22, 1949).
Frederick County (May 31, 1991).
Garrett Park (Oct. 2, 1940).
Glenarden (May 21, 1941).
Glen Echo (Oct. 22, 1940).
Greenbelt (Oct. 4, 1940).
Howard County (Apr. 25, 1974).
Hyattsville (Sept. 20, 1940).
Kensington (Nov. 8, 1940).
Landover Hills (May 5, 1945).
Montgomery County (Apr. 30, 1964).
Morningside (May 19, 1949).
Mount Rainier (Nov. 22, 1940).
New Carrollton (July 7, 1981).
North Beach (Sept. 20, 1940).
North Brentwood (May 6, 1941).
North Chevy Chase (July 22, 1942).
Northwest Park (Feb. 17, 1943).
Prince Georges County (June 19, 1962).
Riverdale (Sept. 26, 1940).
Rockville (Apr. 15, 1948).
Seat Pleasant (Aug. 31, 1942).
Somerset (Nov. 22, 1940).
Takoma Park (Oct. 22, 1940).
University Park (Jan. 18, 1941).
Washington Grove (Apr. 5, 1941).
IN VIRGINIA

Alexandria (Apr. 15, 1941).
Arlington County (Sept. 9, 1940).
Clifton (July 14, 1941).
Fairfax, Town of (Feb. 9, 1954).
Fairfax County (Nov. 10, 1949).
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).

OTHER MUNICIPALITIES

Anchorage, Alaska (Dec. 29, 1947).
Benicia, Calif. (Feb. 20, 1948).
Bremerton, Wash. (Feb. 27, 1946).
Centerville, Ga. (Sept. 16, 1971).
Crane, Ind. (Aug. 3, 1967).

District of Columbia (July 5, 1977).

Elmer City, Wash. (Oct. 28, 1947).
Huachuca City, Ariz. (Apr. 9, 1959).
New Johnsonville, Tenn. (Apr. 26, 1956).
Norris, Tenn. (May 6, 1959).

Port Orchard, Wash. (Feb. 27, 1946).
Sierra Vista, Ariz. (Oct. 5, 1955).
Warner Robins, Ga. (Mar. 19, 1948).

§ 733.103 Exclusion of employees in certain agencies and offices.

Employees in the following agencies or offices (except employees appointed

by the President, by and with the advice and consent of the Senate) specifically are excluded from coverage under the provisions of part 733:

(a) Federal Election Commission;
(b) Federal Bureau of Investigation;
(c) Secret Service;

(d) Central Intelligence Agency;
(e) National Security Council;
(f) National Security Agency;
(g) Defense Intelligence Agency;
(h) Merit Systems Protection Board;
(i) Office of Special Counsel;

(j) Office of Criminal Investigation of the Internal Revenue Service;

(k) Office of Investigative Programs of the United States Customs Service;

(1) Office of Law Enforcement of the Bureau of Alcohol, Tobacco, and Firearms;

(m) Criminal Division of the Department of Justice;

(n) Career appointees in the Senior Executive Service;

(0) Administrative law judges; and (p) Contract appeals board members described in 5 U.S.C. 5372a.

PART 734-POLITICAL ACTIVITIES OF FEDERAL EMPLOYEES

Subpart A-General Provisions

Sec. 734.101 Definitions. 734.102

Jurisdiction.

734.103 Multicandidate political committees of Federal labor organizations and Federal employee organizations.

734.104 Restriction of political activity.

Subpart B-Permitted Activities

734.201 Exclusion from coverage. 734.202

Permitted activities.

734.203 Participation in nonpartisan activities.

734.204 Participation in political organizations.

734.205 Participation in political campaigns. 734.206 Participation in elections. 734.207 Candidacy for public office. 734.208 Participation in fundraising.

Subpart C-Prohibited Activities

734.301 Exclusion from coverage.

734.302 Use of official authority; prohibition.

734.303 Fundraising.

734.304 Candidacy for public office.

734.305 Soliciting or discouraging the political participation of certain persons.

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.

734.307 Campaigning for a spouse or family

member.

Subpart D-Employees in Certain
Agencies and Positions

734.401 Coverage.

734.402 Expression of an employee's individual opinion.

734.403 Participation in elections.

734.404 Participation in political organizations.

734.405 Campaigning for a spouse or family

member.

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.

734.407 Use of official authority; prohibition.

734.408 Participation in political management and political campaigning; prohibitions.

734.409 Participation in political organizations; prohibitions.

734.410 Participation in political fundraising; prohibitions.

734.411 Participation in political campaigning; prohibitions.

734.412 Participation in elections; prohibitions.

734.413 Employees of the Federal Election Commission; prohibitions.

Subpart E-Special Provisions for Certain Presidential Appointees and Employees Paid From the Appropriation for the Executive Office of the President 734.501 Permitted and prohibited activities. 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.

734.503 Allocation and reimbursement of costs associated with political activities. 734.504 Contributions to political action committees through voluntary payroll allotments prohibited.

Subpart F-Employees Who Work on an Irregular or Occasional Basis

734.601 Employees who work on an irregular or occasional basis.

Subpart G-Related Statutes and Executive Orders

734.701 General.

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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;

(3) The Government of the District of Columbia, other than the Mayor or a member of the City Council or the Recorder of Deeds; or

(4) 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 or District of Columbia Government covered by this part. Each agency or instrumentality shall pro

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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 or any agency or instrumentality of the District of Columbia 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

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