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Proposed Rules Federal Register

Vol. 72, No. 138

Thursday, July 19, 2007

This section of the FEDERAL REGISTER in nonpartisan political activities. of an individual who is a candidate for local
contains notices to the public of the proposed According to 5 U.S.C. 7323(a)(2) and (3), partisan political office and who represents
issuance of rules and regulations. The Federal employees may not become a political party.
purpose of these notices is to give interested candidates for partisan political office Under 5 CFR 733.104, however, these
persons an opportunity to participate in the and may not solicit, accept, or receive
rule making prior to the adoption of the final
employees may not:
political contributions. Section 7325, (1) Run as the representative of a political
however, authorizes OPM to prescribe party for local partisan political office;
regulations exempting Federal (2) Solicit a political contribution on behalf
OFFICE OF PERSONNEL employees from the prohibitions in of an individual who is a candidate for local
MANAGEMENT section 7323(a)(2) and (3) to the extent partisan political office and who represents
OPM considers it to be in their domestic a political party;
5 CFR Part 733 interest. (3) Knowingly solicit a political
Under the authority of 5 U.S.C. 7325, contribution from any Federal employee,
RIN 3206–AL32 except as permitted under 5 U.S.C.
OPM may issue such regulatory
Political Activity—Federal Employees exemptions when two conditions exist
(4) Accept or receive a political
Residing in Designated Localities in the municipality or political contribution from a subordinate;
subdivision. One condition is met if the (5) Solicit, accept, or receive
AGENCY: Office of Personnel municipality or political subdivision is uncompensated volunteer services from a
Management. in Maryland or Virginia and is in the subordinate for any political purpose;
ACTION: Proposed rule. immediate vicinity of the District of (6) Participate in political activities:
Columbia, or if the majority of voters in Æ While they are on duty:
SUMMARY: OPM proposes to amend its
the municipality are employed by the Æ While they are wearing a uniform,
regulations at 5 CFR part 733 by badge, or insignia that identifies the
Government of the United States. The
granting Federal employees residing in employing agency or instrumentality or the
second condition is met if OPM
Fauquier County, Virginia, a partial position of the employee;
determines that, because of special or
exemption from the political activity Æ While they are in any room or building
unusual circumstances, the domestic
restrictions specified in 5 U.S.C. occupied in the discharge of official duties by
interest of the employees is served by an individual employed or holding office in
7323(a)(2) and (3), and adding Fauquier
permitting their political participation the Government of the United States or any
County to its regulatory list of
designated localities in 5 CFR in accordance with regulations agency or instrumentality thereof; or
733.107(c). The proposed amendment prescribed by OPM. Æ While using a Government-owned or
In regulations at 5 CFR 733.107(c) leased vehicle or while using a privately
reflects OPM’s determination that
OPM has designated municipalities and owned vehicle in the discharge of official
Fauquier County meets the criteria in 5 duties.
political subdivisions where Federal
U.S.C. 7325 and 5 CFR 733.107(a) for a
employees may participate in local Moreover, candidacy for, and service
partial exemption to issue.
elections. At 5 CFR 733.103–733.106, in, a partisan political office shall not
DATES: Written comments must be
OPM has established limitations on result in neglect of, or interference with,
received on or before September 17, political participation by most Federal
2007. the performance of the duties of the
employees residing in these designated employee or create a conflict, or
ADDRESSES: Comments may be mailed to municipalities and subdivisions. Under apparent conflict, of interest.
Kerry B. McTigue, General Counsel, 5 CFR 733.103, most Federal employees Sections 733.103 and 733.104 of Title
Room 7355, United States Office of who reside in a municipality or political 5, Code of Federal Regulations, do not
Personnel Management, 1900 E Street, subdivision designated by OPM may: apply to individuals, such as career
NW., Washington, DC 20415. (1) Run as independent candidates for senior executives and employees of the
FOR FURTHER INFORMATION CONTACT: Jo- election to partisan political office in Federal Bureau of Investigation, who are
Ann Chabot, Office of the General elections for local office in the municipality employed in the agencies or positions
Counsel, United States Office of or political subdivision; listed in 5 CFR 733.105(a). These
Personnel Management, (202) 606–1700. (2) Solicit, accept, or receive a political individuals are subject to the more
contribution as, or on behalf of, an
SUPPLEMENTARY INFORMATION: The Hatch stringent limitations described in 5 CFR
independent candidate for partisan political
Act, at 5 U.S.C. 7321–7326, governs the office in elections for local office in the 733.105 and 733.106.
political activity of Federal employees, municipality or political subdivision; Individuals who require advice
and individuals employed with the (3) Accept or receive a political concerning specific political activities,
United States Postal Service and the contribution on behalf of an individual who and whether an activity is permitted or
Government of the District of Columbia. is a candidate for local partisan political prohibited under 5 CFR 733.103–
Section 7323(a) generally permits office and who represents a political party; 733.106, should contact the United
Federal employees who are not (4) Solicit, accept, or receive States Office of Special Counsel at (800)
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employed in the Federal agencies or uncompensated volunteer services as an 854–2824 or (202) 254–3650. Requests
positions described in section 7323(b), independent candidate, or on behalf of an
for Hatch Act advisory opinions may be
independent candidate, for local partisan
as amended, to take an active part in political office, in connection with the local made by e-mail to:
partisan political campaigns. Employees elections of the municipality or subdivision; In response to requests from a Federal
employed in the Federal agencies or and employee who resides in Fauquier
positions specified in 5 U.S.C. 7323(b), (5) Solicit, accept, or receive County, Virginia, OPM proposes to
as amended, generally may participate uncompensated volunteer services on behalf designate that county as one in which

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Federal Register / Vol. 72, No. 138 / Thursday, July 19, 2007 / Proposed Rules 39583

Federal employees may run for local 2. Section 733.107(c) is amended by faxed comments must be sent to the
partisan political office, subject to the adding Fauquier County, Virginia, Federal Election Commission, 999 E
limitations established by OPM, and alphabetically to the list of designated Street, NW., Washington, DC 20463. All
accept or receive political contributions Virginia municipalities and political comments must include the full name
in connection with elections for local subdivisions as set forth below. and postal service address of the
public office. This proposal reflects commenter or they will not be
OPM’s determination that special or § 733.107 Designated localities. considered. The Commission will post
unusual circumstances exist so that it is * * * * * comments on its Web site after the
in the domestic interest of Federal (c) comment period ends.
employees residing in Fauquier County * * * * * FOR FURTHER INFORMATION CONTACT: Ms.
to participate in these political In Virginia Amy L. Rothstein, Assistant General
activities. This determination is based * * * * * Counsel, or Ms. Stacey J. Shin, Attorney,
on written material provided by the Fauquier County 999 E Street, NW., Washington, DC
applicant, interviews with the * * * * * 20463, (202) 694–1650 or (800) 424–
applicant, and documentary material 9530.
obtained through independent research. [FR Doc. E7–14003 Filed 7–18–07; 8:45 am]
Principal factors leading to OPM’s BILLING CODE 6325–48–P
313 of the Federal Election Campaign
determination are the proximity of Act of 1971, as amended (‘‘the Act’’),
Fauquier County to the District of sets forth permissible uses of
Columbia, the rapid growth of the FEDERAL ELECTION COMMISSION contributions accepted by candidates
county within the past few years, and and donations received by individuals
significant public issues associated with 11 CFR Part 113 to support their activities as Federal
this growth. officeholders. (This section is codified
[Notice 2007–15]
A copy of this notice will be at 2 U.S.C. 439a and will be referred to
published in two local newspapers Use of Campaign Funds for Donations hereafter as ‘‘Section 439a.’’) Section
serving Fauquier County. to Non-Federal Candidates and Any 439a(a) provides that candidates may
If this proposed rule is adopted, OPM Other Lawful Purpose Other Than use contributions, and individuals
will amend 5 CFR 733.107(c) by adding Personal Use holding Federal office may use
Fauquier County to the list of
donations, for: (1) Expenditures in
designated Virginia municipalities and AGENCY: Federal Election Commission.
connection with the candidate’s or
political subdivisions in which Federal ACTION: Notice of proposed rulemaking. individual’s campaign for Federal office;
Government employees may participate
SUMMARY: The Federal Election
(2) ordinary and necessary expenses
in elections for local partisan political
Commission requests comments on a incurred in connection with duties of
office in accordance with the conditions
proposed revision to its rules regarding the individual as a Federal officeholder;
specified in 5 CFR 733.103–733.106.
the use of campaign funds. The (3) contributions to an organization
The addition of Fauquier County will be
proposed revision would add to the described in section 170(c) of the
listed after Falls Church, Virginia, and
current list of permissible uses of Internal Revenue Code; (4) transfers,
before Herndon, Virginia.
campaign funds in Commission without limitation, to a national, State,
E.O. 12291, Federal Regulation or local committee of a political party;
regulations: donations to non-Federal
I have determined that this is not a candidates; and any other lawful (5) donations to State and local
major rule as defined under section 1(b) purpose other than personal use. This candidates subject to the provisions of
of E.O. 12291, Federal Regulation. change would conform the provision State law; and (6) any other lawful
with those in the Federal Election purpose, unless such purpose
Regulatory Flexibility Act constitutes personal use of contributions
Campaign Act, as amended (‘‘the Act’’).
I certify that this regulation will not The Commission has made no final or donations. See 2 U.S.C. 439a(a).
have a significant economic impact on Part 113 of the Commission’s
decision on the issues presented in this
a substantial number of small entities regulations implements section 439a.
rulemaking. Further information is
because the changes will affect only Section 113.2 tracks the first four
provided in the supplementary
employees of the Federal Government. permissible uses of campaign funds and
information that follows.
funds donated to a Federal officeholder
List of Subjects in 5 CFR Part 733 DATES: Comments must be received on as set out in the Act (to defray Federal
Government employees, Political or before August 20, 2007. campaign expenses; to pay ordinary and
activities. ADDRESSES: All comments must be in necessary expenses incurred in
U.S. Office of Personnel Management. writing, must be addressed to Ms. Amy connection with the duties of a Federal
Linda M. Springer,
L. Rothstein, Assistant General Counsel, officeholder; to make donations to
and must be submitted in either e-mail, organizations described in section
facsimile, or paper copy form. 170(c) of the Internal Revenue Code;
Accordingly, the Office of Personnel
Commenters are strongly encouraged to and to transfer such funds without
Management proposes to amend 5 CFR
submit comments by e-mail to ensure limitation to any national, State, or local
part 733 as follows:
timely receipt and consideration. E-mail political party committee). See 11 CFR
comments must be sent to 113.2. The Commission is initiating this
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FEDERAL EMPLOYEES RESIDING IN If e-mail comments rulemaking to add to section 113.2 the
DESIGNATED LOCALITIES include an attachment, the attachment last two permissible uses regarding
must be in either Adobe Acrobat (.pdf) donations to non-Federal candidates,
1. The authority citation for part 733 or Microsoft Word (.doc) format. Faxed and donations for any other lawful
continues to read as follows: comments must be sent to (202) 219– purpose other than personal use.
Authority: 5 U.S.C. 7325; sec. 308 of Pub. 3923, with paper copy follow-up. Paper This difference between the
L. 104–93, 109 Stat. 961, 966 (Jan. 6, 1996). comments and paper copy follow-up of Commission’s regulations and the Act

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