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JGR/Campaign Debts (1 of 2)
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Records of the Office of Counsel to the President (Reagan Administration)
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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: JGR/Campaign Debts (1 of 2)
Box: 6
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
THE WHITE HOUSE
WASHINGTON
February 28, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
god
SUBJECT:
Fundraiser to Retire Debt of Jim Coyne's
1982 Congressional Campaign Committee
Jim Coyne, Special Assistant to the President for Private
Sector Initiatives, has asked for guidance concerning a
fundraiser to retire the debt owed to him by his 1982
congressional campaign committee. This office has recently
provided guidance on the subject of retiring campaign debts
to David Emery and Margaret Heckler, who presented similar
questions. Coyne's situation is somewhat different than
that of either Emery or Heckler since Coyne is already on
board as a Special Assistant to the President. At the same
time, however, his situation would seem to raise fewer
problems, because his office performs no regulatory role nor
does it typically have business dealings of any sort with
the private sector. And, in any event, the memoranda to
Emery and Heckler advised them that they should consider
themselves subject to federal employee and White House
standards as if they had already been appointed, to avoid
appearance problems.
One provision that was not considered in the Emery or
Heckler memoranda, but should be in Coyne's case, is whether
committee payments to Coyne would violate 18 U.S.C. § 209 as
supplementations of his federal salary. This section
prohibits supplementation of salary "as compensation for
services as an officer or employee of the executive
branch.' The critical question is whether the payor or
recipient intended the payment to be for government services
or for something else. In this case the committee rather
clearly would be paying Coyne not for his government
services but because it is liable on a pre-existing debt.
Contributions to the committee must, however, be considered
indirect payments to Coyne, and some contributors may be
motivated by a desire to supplement Coyne's federal salary.
Following the established OGE test for $ 209 matters, Coyne
and the Committee should be advised not to accept any gift
that they have reason to believe would not have been made
but for Coyne's Federal employment.
-2-
I have revised the Emery and Heckler memoranda for use in
Coyne's case. In particular, I have deleted the requirement
that Coyne provide us with a list for pre-clearance of those
individuals or entities his committee intends to solicit.
Since Coyne's office does not regulate or have dealings with
any particular industry, such a list would be meaningless.
With your approval, I will review this informally with the
Office of Government Ethics. Assuming they agree with its
substance -- as they did in the cases of Emery and Heckley
-- we can then send it on to Coyne.
,
THE WHITE HOUSE
WASHINGTON
Date
3.14.83
Suspense Date
MEMORANDUM FOR: John
FROM:
DIANNA G. HOLLAND
ACTION
Approved
Please handle/review
For your information
For your recommendation
For the files
Please see me
Please prepare response for
signature
X
As we discussed
Return to me for filing
COMMENT
OK
-
mit JGR
waiting to hear
from OGR. status?
THE WHITE HOUSE
WASHINGTON
February 28, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
or
SUBJECT:
Fundraiser to Retire Debt of Jim Coyne's
1982 Congressional Campaign Committee
Jim Coyne, Special Assistant to the President for Private
Sector Initiatives, has asked for guidance concerning a
fundraiser to retire the debt owed to him by his 1982
congressional campaign committee. This office has recently
provided guidance on the subject of retiring campaign debts
to David Emery and Margaret Heckler, who presented similar
questions. Coyne's situation is somewhat different than
that of either Emery or Heckler since Coyne is already on
board as a Special Assistant to the President. At the same
time, however, his situation would seem to raise fewer
problems, because his office performs no regulatory role nor
does it typically have business dealings of any sort with
the private sector. And, in any event, the memoranda to
Emery and Heckler advised them that they should consider
themselves subject to federal employee and White House
standards as if they had already been appointed, to avoid
appearance problems.
One provision that was not considered in the Emery or
Heckler memoranda, but should be in Coyne's case, is whether
committee payments to Coyne would violate 18 U.S.C. $ 209 as
supplementations of his federal salary. This section
prohibits supplementation of salary "as compensation for
services as an officer or employee of the executive
branch.' The critical question is whether the payor or
recipient intended the payment to be for government services
or for something else. In this case the committee rather
clearly would be paying Coyne not for his government
services but because it is liable on a pre-existing debt.
Contributions to the committee must, however, be considered
indirect payments to Coyne, and some contributors may be
motivated by a desire to supplement Coyne's federal salary.
Following the established OGE test for $ 209 matters, Coyne
and the Committee should be advised not to accept any gift
that they have reason to believe would not have been made
but for Coyne's Federal employment.
-2-
I have revised the Emery and Heckler memoranda for use in
Coyne's case. In particular, I have deleted the requirement
that Coyne provide us with a list for pre-clearance of those
individuals or entities his committee intends to solicit.
Since Coyne's office does not regulate or have dealings with
any particular industry, such a list would be meaningless.
With your approval, I will review this informally with the
Office of Government Ethics. Assuming they agree with its
substance -- as they did in the cases of Emery and Heckley
M
-- we can then send it on to Coyne.
THE WHITE HOUSE
WASHINGTON
March 1, 1983
MEMORANDUM FOR THE HONORABLE JAMES COYNE
SPECIAL ASSISTANT TO THE PRESIDENT
PRIVATE SECTOR INITIATIVES
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Retirement of the Debts of the
James Coyne for Congress Committee
As a Special Assistant to the President for Private Sector
Initiatives, you are in a unique position with regard to
your efforts to retire the campaign debts of your 1982
Congressional Campaign Committee (the "Committee"). As a
Special Assistant to the President, and an SES employee of
the Department of Commerce detailed to the White House, you
are subject to the Standards of Ethical Conduct for
Government Officers and Employees as set forth in Executive
Order No. 11222, and, as a matter of policy, the Standards
of Conduct for White House Employees, 3 C.F.R. § 100.735.
Further, several provisions of the Federal Criminal Code, 18
U.S.C. §§ 201, 203, 209, 210, 211, 602, 603 and 607 are
applicable to you as a Federal employee and should be
reviewed carefully in the course of retiring the Committee's
debts. Since the Committee owes a substantial debt to you
as an individual, contributions to the Committee must be
considered indirect payments to you.
Outlined below is our analysis of the restrictions of each
of the statutory provisions / and the Executive Order noted
above which are or should be considered applicable to your
activities in connection with any efforts to retire the
debts of the Committee. Additionally, we have attached a
summary of the general guidelines which you and your
campaign committee should follow in planning the Committee's
fundraising activities to retire the Committee's debts.
* / All references to statutory requirements contained
herein, unless otherwise specifically noted, are paraphrases
of the referenced statutes. Accordingly, when in doubt as
to the applicability of these statutory provisions to
specific facts or circumstances, reference should be made
directly to the statute in question.
-2-
18 U.S.C. § 201: provides in part that any public official
may not solicit, accept, receive or agree to receive
anything of value for himself or for any other person or
entity, in return for being influenced in his performance of
any official act; for being induced to do or omit any act in
violation of his official duty; or being influenced in his
testimony under oath in any proceeding before any court or
Congressional hearing. Violations of this provision are
punishable by fine, imprisonment or both, and possible
disqualification from holding any office of honor or trust
under the United States.
Additionally, 18 U.S.C. $ 201 prohibits any public official
from soliciting, accepting, receiving or agreeing to receive
anything of value for himself or for another person or
entity for or because of any official act, including testi-
mony before any court or Congressional committee, to be
performed by him. Violations of this provision are punish-
able by fine, imprisonment or both.
Under certain circumstances these restrictions may preclude you
or the Committee from accepting any contributions from
individuals or political committees, including political action
committees (PAC's), whose specific purpose in making such
contribution is to influence your official acts. To avoid
any appearance of a violation of this provision, you and the
Committee should not solicit or accept contributions from any
individual, political committee or organization which has
interests or represents individuals or organizations having
interests that are now or will be affected by the actions or
non-actions of the Office of Private Sector Initiatives.
18 U.S.C. $ 203: prohibits Members of Congress, or officers or
employees of the Federal government from receiving, soliciting,
or seeking any compensation for services rendered by them or
any other person on behalf of another person in relation to any
proceeding, request for a ruling or other determination,
controversy or particular matter in which the United States is a
party or has a direct and substantial interest. Violation of
this provision is punishable by fine, imprisonment or both.
Accordingly, you and the Committee should not accept contribu-
tions from any individual, political committee or organization
if the acceptance of such contribution could reasonably be
perceived as compensation for anticipated services to be
rendered by you as a Federal employee on behalf of such
individuals or groups represented by such political committees.
Hence you should not solicit or accept contributions from
-3-
entities which have or will have interests pending before
the Office of Private Sector Initiatives or before other
Federal government agencies which could reasonably be
construed to be subject to significant influence by you.
18 U.S.C. § 209: prohibits supplementation of the salary of
a Federal official as compensation for his services as a
Federal official. No payments to the Committee may be
solicited or accepted as additional compensation for your
services as a Special Assistant to the President.
Contributions may only be solicited and accepted to retire
the Committee's preexisting debt. As a general matter, you
and the Committee should not accept any contributions which
you have reason to believe would not have been made but for
your current Federal employment.
18 U.S.C. § 210: prohibits the payment of money or anything of
value to any person, firm or corporation in consideration of the
use or promise to use any influence to procure any appointive
office in the United States.
18 U.S.C. $ 211: prohibits the solicitation or receipt, either
as a political contribution or personal emolument, of any money
or thing of value in consideration for the promise of support or
use of influence in obtaining for any person any appointive
office in the United States.
Out of an abundance of caution, these prohibitions should be
viewed by you and the Committee as prohibiting the acceptance of
any contributions from individuals whom you may wish to appoint
to positions within your office, or who are seeking
appointments to positions within your office or any other
position within the Federal government.
18 U.S.C. § 602: prohibits any candidate for the Congress, any
Senator or Congressman, or any officer or employee of the United
States or any department or agency thereof, from knowingly
soliciting political contributions from any other such officer or
employee.
Thus, you and the Committee should take the steps necessary to
ensure that no Senators or Congressmen, or officers or employees
of the Federal government, are knowingly solicited for contri-
butions to the Committee.
18 U.S.C. $ 603: prohibits an officer or employee of the Federal
government from making political contributions to their
supervising officers in the Federal government. For purposes of
this provision, a contribution to a political committee
authorized by an officer of the Federal government is considered
a contribution to such officer.
-4-
The Committee, therefore, should not accept any contributions
from individuals presently employed by your office.
18 U.S.C. § 607: prohibits the solicitation or acceptance
of a political contribution in a Federal building. There is
an exception to this prohibition for the receipt of
contributions in Federal buildings by persons on the staff
of a Senator or Congressman under specific circumstances,
but such exception would no longer be applicable to you or
the Committee.
This provision would preclude all solicitation of contributions
at the Office of Private Sector Initiatives. Further, in
the event that any political contributions to the Committee
are received at your office, such contributions should be
returned directly to the donor with instructions as to the
appropriate mailing address for the Committee.
Section 201 (c) of Executive Order No. 11222 provides in part:
It is the intent of this section that employ-
ees avoid any action
which might result
in, or create the appearance of:
(1) using public office for private gain;
(2) giving preferential treatment to any
organization or person;
(3) impeding government efficiency or
economy;
(4) losing complete independence or impar-
tiality of action;
(5) making a government decision outside
official channels; or
(6) affecting adversely the confidence of
the public in the integrity of the
Government.
You and the Committee should, therefore, avoid soliciting or
accepting unsolicited contributions whose receipt will create the
appearance of precluding your exercise of independent judgment or
impartial action with regard to the issues coming before
you. Accordingly, you and the Committee should not accept
contributions from individuals or political committees who
have not previously contributed to your political committees
and whose contributions, in light of your current position,
could be viewed as efforts to affect your independence and
impartiality in issues coming before you. Additionally, you
and the Committee should not solicit contributions in any
manner that suggests that you are using your appointment to
Federal office for personal gain. Solicitations by the
Committee referring to your current position could create
such an appearance, and should, therefore, be avoided.
- -5-
Finally, the issues raised by settlement of the debts of the
Committee for less than their full amount are governed by the
provisions of the Federal Election Campaign Act of 1971, as
amended, and its regulations. Although a full discussion of
those provisions is beyond the scope of this memorandum, you
should be aware that all of the above considerations which apply
to contributions would also apply to the forgiveness of all or
part of an existing debt.
Attachment
SUMMARY OF GENERAL GUIDELINES FOR
ACCEPTANCE OF POLITICAL CONTRIBUTIONS
I. GENERAL RULE:
The Committee should not solicit or accept contributions
from any individual, political committee, or organiza-
tion (a) if the individual or entities represented by
the Committee or organization has interests in matters
which are or may be pending before your office or is
affected or regulated by any policies, decisions or
regulations of your office, or (b) if such solicitation
or acceptance would create the appearance of precluding
your exercise of independent judgment or impartial
action with regard to the issues coming before you, or
otherwise affect adversely the confidence of the public
in the integrity of the government.
II. SPECIFIC PROHIBITIONS:
Do not accept any contributions from individuals whom
you may wish to appoint to positions within the Office
of Private Sector Initiatives.
Do not accept any contributions from individuals who
are seeking appointments within the Office of Private
Sector Initiatives or any other position within the
Federal government.
Do not solicit any Senators, Congressmen or officers or
employees of the Federal government for contributions
to the Committee.
Do not accept any contributions from individuals
presently employed by the Office of Private Sector
Initiatives.
Do not solicit or accept any contributions in your
Federal offices. If any contributions are received at
these offices, such contributions should be returned
directly to donors with instructions as to the
appropriate mailing address of the Committee.
Do not solicit contributions in any manner which
suggests that you or the Committee are using your
appointment to Federal office for your personal gain.
Solicitations should not include reference to the fact
of your current Federal employment.
THE WHITE HOUSE
WASHINGTON
March 1, 1983
MEMORANDUM FOR THE HONORABLE JAMES COYNE
SPECIAL ASSISTANT TO THE PRESIDENT
PRIVATE SECTOR INITIATIVES
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Retirement of the Debts of the
James Coyne for Congress Committee
As a Special Assistant to the President for Private Sector
Initiatives, you are in a unique position with regard to
your efforts to retire the campaign debts of your 1982
Congressional Campaign Committee (the "Committee"). As a
Special Assistant to the President, and an SES employee of
the Department of Commerce detailed to the White House, you
are subject to the Standards of Ethical Conduct for
Government Officers and Employees as set forth in Executive
Order No. 11222, and, as a matter of policy, the Standards
of Conduct for White House Employees, 3 C.F.R. § 100.735.
Further, several provisions of the Federal Criminal Code, 18
U.S.C. §§ 201, 203, 209, 210, 211, 602, 603 and 607 are
applicable to you as a Federal employee and should be
reviewed carefully in the course of retiring the Committee's
debts. Since the Committee owes a substantial debt to you
as an individual, contributions to the Committee must be
considered indirect payments to you.
Outlined below is our analysis of the restrictions of each
of the statutory provisions / and the Executive Order noted
above which are or should be considered applicable to your
activities in connection with any efforts to retire the
debts of the Committee. Additionally, we have attached a
summary of the general guidelines which you and your
campaign committee should follow in planning the Committee's
fundraising activities to retire the Committee's debts.
* / All references to statutory requirements contained
herein, unless otherwise specifically noted, are paraphrases
of the referenced statutes. Accordingly, when in doubt as
to the applicability of these statutory provisions to
specific facts or circumstances, reference should be made
directly to the statute in question.
-2-
18 U.S.C. § 201: provides in part that any public official
may not solicit, accept, receive or agree to receive
anything of value for himself or for any other person or
entity, in return for being influenced in his performance of
any official act; for being induced to do or omit any act in
violation of his official duty; or being influenced in his
testimony under oath in any proceeding before any court or
Congressional hearing. Violations of this provision are
punishable by fine, imprisonment or both, and possible
disqualification from holding any office of honor or trust
under the United States.
Additionally, 18 U.S.C. § 201 prohibits any public official
from soliciting, accepting, receiving or agreeing to receive
anything of value for himself or for another person or
entity for or because of any official act, including testi-
mony before any court or Congressional committee, to be
performed by him. Violations of this provision are punish-
able by fine, imprisonment or both.
Under certain circumstances these restrictions may preclude you
or the Committee from accepting any contributions from
individuals or political committees, including political action
committees (PAC's), whose specific purpose in making such
contribution is to influence your official acts. To avoid
any appearance of a violation of this provision, you and the
Committee should not solicit or accept contributions from any
individual, political committee or organization which has
interests or represents individuals or organizations having
interests that are now or will be affected by the actions or
non-actions of the Office of Private Sector Initiatives.
18 U.S.C. § 203: prohibits Members of Congress, or officers or
employees of the Federal government from receiving, soliciting,
or seeking any compensation for services rendered by them or
any other person on behalf of another person in relation to any
proceeding, request for a ruling or other determination,
controversy or particular matter in which the United States is a
party or has a direct and substantial interest. Violation of
this provision is punishable by fine, imprisonment or both.
Accordingly, you and the Committee should not accept contribu-
tions from any individual, political committee or organization
if the acceptance of such contribution could reasonably be
perceived as compensation for anticipated services to be
rendered by you as a Federal employee on behalf of such
individuals or groups represented by such political committees.
Hence you should not solicit or accept contributions from
-3-
entities which have or will have interests pending before
the Office of Private Sector Initiatives or before other
Federal government agencies which could reasonably be
construed to be subject to significant influence by you.
18 U.S.C. § 209: prohibits supplementation of the salary of
a Federal official as compensation for his services as a
Federal official. No payments to the Committee may be
solicited or accepted as additional compensation for your
services as a Special Assistant to the President.
Contributions may only be solicited and accepted to retire
the Committee's preexisting debt. As a general matter, you
and the Committee should not accept any contributions which
you have reason to believe would not have been made but for
your current Federal employment.
18 U.S.C. $ 210: prohibits the payment of money or anything of
value to any person, firm or corporation in consideration of the
use or promise to use any influence to procure any appointive
office in the United States.
18 U.S.C. § 211: prohibits the solicitation or receipt, either
as a political contribution or personal emolument, of any money
or thing of value in consideration for the promise of support or
use of influence in obtaining for any person any appointive
office in the United States.
Out of an abundance of caution, these prohibitions should be
viewed by you and the Committee as prohibiting the acceptance of
any contributions from individuals whom you may wish to appoint
to positions within your office, or who are seeking
appointments to positions within your office or any other
position within the Federal government.
18 U.S.C. § 602: prohibits any candidate for the Congress, any
Senator or Congressman, or any officer or employee of the United
States or any department or agency thereof, from knowingly
soliciting political contributions from any other such officer or
employee.
Thus, you and the Committee should take the steps necessary to
ensure that no Senators or Congressmen, or officers or employees
of the Federal government, are knowingly solicited for contri-
butions to the Committee.
18 U.S.C. § 603: prohibits an officer or employee of the Federal
government from making political contributions to their
supervising officers in the Federal government. For purposes of
this provision, a contribution to a political committee
authorized by an officer of the Federal government is considered
a contribution to such officer.
-4-
The Committee, therefore, should not accept any contributions
from individuals presently employed by your office.
18 U.S.C. $ 607: prohibits the solicitation or acceptance
of a political contribution in a Federal building. There is
an exception to this prohibition for the receipt of
contributions in Federal buildings by persons on the staff
of a Senator or Congressman under specific circumstances,
but such exception would no longer be applicable to you or
the Committee.
This provision would preclude all solicitation of contributions
at the Office of Private Sector Initiatives. Further, in
the event that any political contributions to the Committee
are received at your office, such contributions should be
returned directly to the donor with instructions as to the
appropriate mailing address for the Committee.
Section 201 (c) of Executive Order No. 11222 provides in part:
It is the intent of this section that employ-
ees avoid any action
which might result
in, or create the appearance of:
(1) using public office for private gain;
(2) giving preferential treatment to any
organization or person;
(3) impeding government efficiency or
economy;
(4) losing complete independence or impar-
tiality of action;
(5) making a government decision outside
official channels; or
(6) affecting adversely the confidence of
the public in the integrity of the
Government.
You and the Committee should, therefore, avoid soliciting or
accepting unsolicited contributions whose receipt will create the
appearance of precluding your exercise of independent judgment or
impartial action with regard to the issues coming before
you. Accordingly, you and the Committee should not accept
contributions from individuals or political committees who
have not previously contributed to your political committees
and whose contributions, in light of your current position,
could be viewed as efforts to affect your independence and
impartiality in issues coming before you. Additionally, you
and the Committee should not solicit contributions in any
manner that suggests that you are using your appointment to
Federal office for personal gain. Solicitations by the
Committee referring to your current position could create
such an appearance, and should, therefore, be avoided.
-5-
Finally, the issues raised by settlement of the debts of the
Committee for less than their full amount are governed by the
provisions of the Federal Election Campaign Act of 1971, as
amended, and its regulations. Although a full discussion of
those provisions is beyond the scope of this memorandum, you
should be aware that all of the above considerations which apply
to contributions would also apply to the forgiveness of all or
part of an existing debt.
Attachment
FFF: JGR: aw 3/1/83
CC: FFFielding
JGRoberts
Subj.
Chron
SUMMARY OF GENERAL GUIDELINES FOR
ACCEPTANCE OF POLITICAL CONTRIBUTIONS
I. GENERAL RULE:
The Committee should not solicit or accept contributions
from any individual, political committee, or organiza-
tion (a) if the individual or entities represented by
the Committee or organization has interests in matters
which are or may be pending before your office or is
affected or regulated by any policies, decisions or
regulations of your office, or (b) if such solicitation
or acceptance would create the appearance of precluding
your exercise of independent judgment or impartial
action with regard to the issues coming before you, or
otherwise affect adversely the confidence of the public
in the integrity of the government.
II. SPECIFIC PROHIBITIONS:
Do not accept any contributions from individuals whom
you may wish to appoint to positions within the Office
of Private Sector Initiatives.
Do not accept any contributions from individuals who
are seeking appointments within the Office of Private
Sector Initiatives or any other position within the
Federal government.
Do not solicit any Senators, Congressmen or officers or
employees of the Federal government for contributions
to the Committee.
Do not accept any contributions from individuals
presently employed by the Office of Private Sector
Initiatives.
Do not solicit or accept any contributions in your
Federal offices. If any contributions are received at
these offices, such contributions should be returned
directly to donors with instructions as to the
appropriate mailing address of the Committee.
Do not solicit contributions in any manner which
suggests that you or the Committee are using your
appointment to Federal office for your personal gain.
Solicitations should not include reference to the fact
of your current Federal employment.
THE WHITE HOUSE
WASHINGTON
Date
2.28.83
Suspense Date
alice
MEMORANDUM FOR:
FROM:
DIANNA G. HOLLAND
ACTION
Approved
Please handle/review
For your information
For your recommendation
For the files
Please see me
Please prepare response for
signature
As we discussed
3/1/83
Return to me for filing
COMMENT
Dow for
Please Dec Clip
-
THE WHITE HOUSE
WASHINGTON
February 28, 1983
MEMORANDUM FOR THE HONORABLE JAMES COYNE
SPECIAL ASSISTANT TO THE PRESIDENT
PRIVATE SECTOR INITIATIVES
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Retirement of the Debts of the
James Coyne for Congress Committee
As a Special Assistant to the President for Private Sector
Initiatives, you are in a unique position with regard to
your efforts to retire the campaign debts of your 1982
Congressional Campaign Committee (the "Committee"). As a
Special Assistant to the President, and an SES employee of
the Department of Commerce detailed to the White House, you
are subject to the Standards of Ethical Conduct for
Government Officers and Employees as set forth in Executive
Order No. 11222, and, as a matter of policy, the Standards
of Conduct for White House Employees, 3 C.F.R. § 100.735.
Further, several provisions of the Federal Criminal Code, 18
U.S.C. §§ 201, 203, 209, 210, 211, 602, 603 and 607 are
applicable to you as a Federal employee and should be
reviewed carefully in the course of retiring the Committee's
debts. Since the Committee owes a substantial debt to you
as an individual, contributions to the Committee must be
considered indirect payments to you.
Outlined below is our analysis of the restrictions of each
of the statutory provisions / and the Executive Order noted
above which are or should be considered applicable to your
activities in connection with any efforts to retire the
debts of the Committee. Additionally, we have attached a
summary of the general guidelines which you and your
campaign committee should follow in planning the Committee's
fundraising activities to retire the Committee's debts.
* / All references to statutory requirements contained
herein, unless otherwise specifically noted, are paraphrases
of the referenced statutes. Accordingly, when in doubt as
to the applicability of these statutory provisions to
specific facts or circumstances, reference should be made
directly to the statute in question.
-2-
DRAFT
18 U.S.C. § 201: provides in part that any public official
may not solicit, accept, receive or agree to receive
anything of value for himself or for any other person or
entity, in return for being influenced in his performance of
any official act; for being induced to do or omit any act in
violation of his official duty; or being influenced in his
testimony under oath in any proceeding before any court or
Congressional hearing. Violations of this provision are
punishable by fine, imprisonment or both, and possible
disqualification from holding any office of honor or trust
under the United States.
Additionally, 18 U.S.C. § 201 prohibits any public official
from soliciting, accepting, receiving or agreeing to receive
anything of value for himself or for another person or
entity for or because of any official act, including testi
mony before any court or Con- gressional committee, to be
performed by him. Violations of this provision are punish-
able by fine, imprisonment or both.
Under certain circumstances these restrictions may preclude you
or the Committee from accepting any contributions from
individuals or political committees, including political action
committees (PAC's), whose specific purpose in making such
contribution is to influence your official acts. To avoid
any appearance of a violation of this provision, you and the
Committee should not solicit or accept contributions from any
individual, political committee or organization which has
interests or represents individuals or organizations having
interests that are now or will be affected by the actions or
non-actions of the Office of Private Sector Initiatives.
18 U.S.C. $ 203: prohibits Members of Congress, or officers or
employees of the Federal government from receiving, soliciting,
or seeking any compensation for services rendered by them or
any other person on behalf of another person in relation to any
proceeding, request for a ruling or other determination,
controversy or particular matter in which the United States is a
party or has a direct and substantial interest. Violation of
this provision is punishable by fine, imprisonment or both.
Accordingly, you and the Committee should not accept contribu-
tions from any individual, political committee or organization
if the acceptance of such contribution could reasonably be
perceived as compensation for anticipated services to be
rendered by you as a Federal employee on behalf of such
individuals or groups represented by such political committees.
Hence you should not solicit or accept contributions from
Chapter I-Office
§ 732.401
Title 5-Administrative Personnel
preceding election
PART 732-PERSONNEL SECURITY
PART 733-POLITICAL ACTIVITY OF
tial electors were S
AND RELATED PROGRAMS
FEDERAL EMPLOYEES
(2) An election
or issue which is
Subparts A-C-[Reserved]
Subport A-The Competitive Service
tified with a polit
constitutional ar
GENERAL PROVISIONS
dum, approval o
Subport D-Security and Related
Sec.
nance, or any qui
Determinations
733.101 Definitions.
similar character;
(f) "Partisan" w
PERMISSIBLE ACTIVITIES
§ 732.401 Reemployment eligibility of cer-
jective refers to a :
tain former Federal employees.
733.111 Permissible activities.
PERMISSIBI
(a) Request. A former employee who
PROHIBITED ACTIVITIES
was terminated, or who resigned while
733.121 Use of official authority: prohibi-
§ 733.111 Permissib
suspended or while charges were pend-
tion.
(a) All employee
ing. from a department or agency of
733.122 Political management and political
in political activ
the Government under a statute or ex-
campaigning: prohibitions.
extent consistent 1
ecutive order authorizing termination.
733.123 Prohibited activity: exception of
imposed by law an
in the interest of national security. in
certain employees.
733.124 Political management and political
employee retains t
the interest of the United States, or
campaigning: exception of certain elec-
(1) Register and
on grounds relating to loyalty, and
tions.
(2) Express his o
authorizing OPM to determine his eli-
ual privately and
gibility for employment in another de-
Subport B-The Excepte Service
subjects and candie
partment or agency of the Govern-
(3) Display a pol
733.201 Jurisdiction.
ment, may request OPM in writing to
er, badge, or butto
determine whether he is eligible for
Subpart C-The U.S. Postal Service
(4) Participate in
employment in another department or
tivities of a civic,
agency of the Government.
733.301 Jurisdiction
labor, or professio
(b) Action by OPM. (1) OPM shall
AUTHORITY: 5 U.S.C. 1308. 3301. 3302,
of a similar organiz
determine, and will notify the former
7301, 7324, 7325. 7327: 42 U.S.C. 2729: E.O.
(5) Be a member
employee, after appropriate considera-
10577. 3 CFR. 1954-1958 Comp., p. 218,
or other political
unless otherwise noted.
participate in its
tion of his case, including such investi-
gation as it considers necessary,
SOURCE: 35 FR 16785. Oct. 30. 1970, unless
extent consistent w
otherwise noted.
(6) Attend a P
whether he may be employed in an-
rally, fund-raising
other department or agency of the
Government.
Subpart A-The Competitive Service
political gathering;
(7) Sign a politic
(2) If a former Federal employee
found unsuitable under this section
GENERAL PROVISIONS
dividual;
(8) Make a finan
has had an opportunity to comment
§ 733.101 Definitions.
a political party or
on the reasons for the action, or has
(9) Take an active
furnished them to OPM or to his
In this subpart:
pendent candidate,
former employing agency, OPM may
(a) "Employee" means an individual
independent candi
also cancel his reinstatement eligibil-
who occupies a position in the compet-
election covered by
ity if the eligibility resulted from his
itive service;
(10) Take an acti
(b) "Agency" means an executive
last Federal employment and was ob-
date or in support
agency and the government of the Dis-
tained through fraud, or OPM may
nonpartisan electio
trict of Columbia;
prescribe a period of debarment from
(11) Be politicall
(c) "Political party" means a Nation-
the competitive service. not to exceed
tion with a questio
al political party, a State political
3 years. or both.
cifically identified
party, and an affiliated organization;
party, such as a co
(5 U.S.C. 3301. 3302. 7312: 50 U.S.C. 403:
(d) "Election" includes a primary,
ment, referendum,
E.O. 10450. 3 CFR. 1949-1953 Comp., p. 936;
special, and general election;
nicipal ordinance (
E.O. 10577. 3 CFR, 1954-1958 Comp., p. 218)
(e) "Nonpartisan election" means-
tion or issue of a sir
[33 FR 12484, Sept. 4, 1968]
(1) An election at which none of the
(12) Serve as an
candidates is to be nominated or elect-
clerk, or in a simil
ed as representing a political party
form nonpartisan di
any of whose candidates for presiden-
by State or local lav
tial elector received votes in the last
428
istrative Personnel
Chapter I-Office of Personnel Management
§ 733.122
preceding election at which presiden-
(13) Otherwise participate fully in
ACTIVITY OF
tial electors were selected: and
public affairs, except as prohibited by
MPLOYEES
(2) An election involving a question
law, in a manner which does not mate-
or issue which is not specifically iden-
rially compromise his efficiency or in-
ompetitive Service
tified with a political party, such as a
tegrity as an employee or the neutral-
constitutional amendment, referen-
ity, efficiency, or integrity of his
ROVISIONS
dum, approval of a municipal ordi-
agency.
nance, or any question or issue of a
(b) Paragraph (a) of this section
similar character: and
does not authorize an employee to
(f) "Partisan" when used as an ad-
engage in political activity in violation
ACTIVITIES
jective refers to a political party.
of law, while on duty. or while in a
ctivities.
uniform that identifies him as an em-
PERMISSIBLE ACTIVITIES
ployee. The head of an agency may
ACTIVITIES
prohibit or limit the participation of
§ 733.111 Permissible activities.
authority: prohibi-
an employee or class of employees of
(a) All employees are free to engage
his agency in an activity permitted by
agement and political
in political activity to the widest
paragraph (a) of this section, if par-
libitions.
extent consistent with the restrictions
ticipation in the activity would inter-
activity: exception of
imposed by law and this subpart. Each
fere with the efficient performance of
employee retains the right to-
agement and political
official duties, or create a conflict or
eption of certain elec-
(1) Register and vote in any election:
apparent conflict of interests.
(2) Express his opinion as an individ-
ual privately and publicly on political
PROHIBITED ACTIVITIES
Excepte Service
subjects and candidates:
(3) Display a political picture. stick-
§ 733.121 Use of official authority: prohi-
er, badge, or button:
bition.
(4) Participate in the nonpartisan ac-
An employee may not use his official
U.S. Postal Service
tivities of a civic, community. social,
authority or influence for the purpose
labor, or professional organization, or
of interfering with or affecting the
1308. 3301. 3302.
of a similar organization;
result of an election.
42 U.S.C. 2729: E.O.
(5) Be a member of a political party
Comp., p. 218.
or other political organization and
§ 733.122 Political management and politi-
participate in its activities to the
cal campaigning: prohibitions.
Oct. 30. 1970. unless
extent consistent with law;
(a) An employee may not take an
(6) Attend a political convention,
active part in political management or
rally. fund-raising function; or other
in a political campaign, except as per-
political gathering:
mitted by this subpart.
Competitive Service
(7) Sign a political petition as an in-
(b) Activities prohibited by para-
dividual;
graph (a) of this section include but
PROVISIONS
(8) Make a financial contribution to
are not limited to-
a political party or organization:
(1) Serving as an officer of a political
(9) Take an active part, as an inde-
party, a member of a National, State,
pendent candidate, or in support of an
or local committee of a political party.
means an individual
independent candidate, in a partisan
an officer or member of a committee
in the compet-
election covered by § 733.124:
of a partisan political club, or being a
(10) Take an active part, as a candi-
candidate for any of these positions;
leans an executive
date or in support of a candidate, in a
(2) Organizing or reorganizing a po-
vernment of the Dis-
nonpartisan election;
litical party organization or political
(11) Be politically active in connec-
club;
ty" means a Nation-
tion with a question which is not spe-
(3) Directly or indirectly soliciting,
a State political
cifically identified with a political
receiving, collecting, handling, disburs-
ated organization:
party, such as a constitutional amend-
ing. or accounting for assessments,
ncludes a primary,
ment, referendum, approval of a mu-
contributions, or other funds for a
1 election;
nicipal ordinance or any other ques-
partisan political purpose:
election" means-
tion or issue of a similar character;
(4) Organizing. selling tickets to,
which none of the
(12) Serve as an election judge or
promoting. or actively participating in
nominated or elect-
clerk, or in a similar position to per-
a fund-raising activity of a candidate
: a political party
form nonpartisan duties as prescribed
in a partisan election or of a political
idates for presiden-
by State or local law; and
party, or political club;
d votes in the last
429
§ 733.123
Title 5-Administrative Personnel
Chapter I-Of
(5) Taking an active part in manag-
(3) Subject to the conditions of
Cottage City (Ja
District Heights
ing the political campaign of a candi-
§ 733.124, an employee who resides in a
Edmonston (Oct.
date for public office in a partisan
municipality or other political subdivi-
Fairmont Height
election or a candidate for political
sion designated by OPM under that
Forest Heights C
party office;
section: or
Garrett Park (O
(6) Becoming a candidate for, or
(4) An employee who works on an ir-
Glenarden (May
campaigning for, an elective public
regular or occasional basis. on the
Glen Echo (Oct.
office in a partisan election:
Greenbelt (Oct. 4
days that he performs no services.
(7) Soliciting votes in support of or
Howard County (
Hyattsville (Sept
in opposition to a candidate for public
§ 733.124 Political management and politi-
Kensington (Nov
office in a partisan election or a candi-
cal campaigning: exception of certain
Landover Hills (B
date for political party office:
elections.
Montgomery Col
(8) Acting as recorder, watcher, chal-
(a) Section 733.122 does not prohibit
Morningside (Ma
lenger, or similar officer at the polls
Mount Rainier (1
activity in political management or in
on behalf of a political party or a can-
North Beach (Se
a political campaign by an employee in
didate in a partisan election:
North Brentwood
connection with-
(9) Driving voters to the polls on
North Chevy Ch:
behalf of a political party or a candi-
(1) A nonpartisar election, or
Northwest Park (
(2) Subject to the conditions and
Prince Georges o
date in a partisan election;
(10) Endorsing or opposing a cand.-
limitations established by OPM, an
Riverdale (Sept.
date for public office in a partisan
election held in a municipality or po-
Rockville (Apr. 1
Seat Pleasant (A
election or a candidate for political
litical subdivision designated by OPM
Somerset (Nov. 2
party office in a political advertise-
under paragraph (b) of this section.
Takoma Park (O
ment, a broadcast, campaign. litera-
(b) For the purpose of paragraph
University Park (
ture, or similar material;
(a)(2) of this section. the Office may
Washington Gro
(11) Serving as a delegate, alternate.
designate a municipality or political
birth
or proxy to a political party conven-
subdivision in Maryland or Virginia in
tion:
the immediate vicinity of the District
Alexandria (Apr.
(12) Addressing a convention,
of Columbia or a municipality in
Arlington County
which the majority of voters are em-
Clifton (July 14.
caucus, rally, or similar gathering of a
Fairfax County (
political party in support of or in op-
ployed by the Government of the
Town of Fairfax
position to a partisan candidate for
United States, when the Office deter-
Falls Church (Ju
public office or political party office;
mines that, because of special or un-
Herndon (Apr. 7,
and
usual circumstances. it is in the domes-
Loudoun County
(13) Initiating or circulating a parti-
tic interest of employees to participate
Manassas (Jan. 8
san nominating petition.
in local elections. Information as to
Manassas Park (1
the documentation required to sup-
Portsmouth (Feb
[35 FR 16785. Oct. 30, 1970, as amended at
Prince William C
port a request for designation is fur-
41 FR 49473, Nov. 9. 1976)
Stafford County
nished by the Office on request. The
Vienna (Mar. 18.
§ 733.123 Prohibited activity: exception of
following municipalities and political
certain employees.
subdivisions have been designated. ef-
OTHER
fective on the date specified:
(a) Sections 733.121 and 733.122 do
Anchorage. Alask
Benicia. Calif. (F
not apply to an employee of an educa-
IN MARYLAND
Bremerton. Wash
tional or research institution, estab-
Annapolis (May 16, 1941).
Centerville, Ga. (
lishment. agency. or system which is
Anne Arundel County (March 14, 1973).
Crane. Ind. (Aug.
supported in whole or in part by the
Berwyn Heights (June 15. 1944).
District of Colum
District of Columbia or by a recog-
Bethesda (Feb. 17. 1943).
Elmer City, Wasl
nized religious, philanthropic. or cul-
Bladensburg (Apr. 20. 1942).
Huachuca City, f
tural organization.
Bowie (Apr. 11, 1952).
New Johnsonville
(b) Section 733.122 does not apply
Brentwood (Sept. 26, 1940).
Norris, Tenn. (M
to-
Capitol Heights (Nov. 12. 1940).
Port Orchard. W
(1) An individual exempted under
Cheverly (Dec. 18. 1940).
Sierra Vista, Ariz
Chevy Chase, sections 1 and 2 (Mar. 4.
Warner Robins, (
section 7324(d) of title 5, United States
1941).
Code:
(c) An empl
Chevy Chase, section 3 (Oct. 8. 1940).
(2) An employee of The Alaska Rail-
municipality (
Chevy Chase, section 4 (Oct. 2. 1940).
road who resides in a municipality on
listed in parag
Martin's Additions 1. 2. 3, and 4 to Chevy
the line of the railroad in respect to
may take an
Chase (Feb. 13, 1941).
political activities involving that mu-
Chevy Chase View (Feb. 26, 1941).
management a
nicipality:
College Park (June 13, 1945).
in connection
430
inistrative Personnel
Chapter I-Office of Personnel Management
§ 733.301
the conditions of
Cottage City (Jan. 15, 1941).
for local offices of the municipality or
District Heights (Nov. 2. 1940).
who resides in a
Edmonston (Oct. 24. 1940).
political subdivision, subject to the fol-
political subdivi-
Fairmont Heights (Oct. 24. 1940).
lowing limitations:
OPM under that
Forest Heights (Apr. 22. 1949).
(1) Participation in politics shall be
Garrett Park (Oct. 2. 1940).
as an independent candidate or on
who works on an ir-
Glenarden (May 21, 1941).
behalf of, or in opposition to, an inde-
basis, on the
Glen Echo (Oct. 22. 1940).
pendent candidate.
Greenbelt (Oct. 4, 1940).
no services.
(2) Candidacy for, and service in. an
Howard County (Apr. 25, 1974).
elective office shall not result in ne-
Hyattsville (Sept. 20. 1940).
management and politi-
Kensington (Nov. 8. 1940).
glect of or interference with the per-
exception of certain
Landover Hills (May 5, 1945).
formance of the duties of the employ-
Montgomery County (Apr. 30. 1964).
ee or create a conflict, or apparent
does not prohibit
Morningside (May 19. 1949).
conflict. of interests.
Mount Rainier (Nov. 22, 1940).
management or in
North Beach (Sept. 20, 1940).
(5 U.S.C. 7701. et seq.)
by an employee in
North Brentwood (May 6, 1941).
[35 FR 16785. Oct. 30, 1970. as amended at
North Chevy Chase (July 22, 1942).
36 FR 20649. Oct. 28. 1971]
election,
or
Northwest Park (Feb. 17, 1943).
NOTE: For FR citations affecting § 733.124.
the conditions and
Prince Georges County (June 19, 1962).
see the List of CFR Sections Affected in the
by OPM, an
Riverdale (Sept. 26, 1940).
Finding Aids section of this volume.
municipality or po-
Rockville (Apr. 15. 1948).
Seat Pleasant (Aug. 31, 1942).
designated by OPM
Somerset (Nov. 22. 1940).
Subpart B-The Excepted Service
(b) of this section.
Takoma Park (Oct. 22, 1940).
irpose of paragraph
University Park (Jan. 18. 1941).
$ 733.201 Jurisdiction.
the Office may
Washington Grove (Apr. 5, 1941).
licipality or political
Sections 733.111-733.124 apply to an
IN VIRGINIA
ryland or Virginia in
employee in the excepted service. It is
cinity of the District
Alexandria (Apr. 15, 1941).
the responsibility of the employing
a municipality in
Arlington County (Sept. 9. 1940).
agency to investigate and decide alle-
Clifton (July 14, 1941).
of voters are em-
gations of prohibited political activity
Fairfax County (Nov. 10, 1949).
Government of the
on the part of such an employee.
Town of Fairfax (Feb. 9, 1954).
the Office deter-
Falls Church (June 6. 1941).
of special or un-
Herndon (Apr. 7. 1945).
Subpart C-The U.S. Postal Service
it is in the domes-
Loudoun County (Oct. 1, 1971).
ployees to participate
Manassas (Jan. 8. 1980).
§ 733.301 Jurisdiction.
Information as to
Manassas Park (Mar. 4. 1980)
required to sup-
Portsmouth (Feb. 27. 1958).
Sections 733.101 (c), (d), (e), and (f)
Prince William County (Feb. 14, 1967).
through 733.124 apply to an employee
designation is fur-
Stafford County (Nov. 2. 1979).
of the U.S. Postal Service.
on request. The
Vienna (Mar. 18, 1946).
palities and political
(5 U.S.C. 7701. et seq.)
been designated, ef-
OTHER MUNICIPALITIES
[44 FR 48954, Aug. 21, 1979]
specified:
Anchorage, Alaska (Dec. 29. 1947).
Benicia, Calif. (Feb. 20, 1948).
PART 734-EXECUTIVE PERSONNEL
ARYLAND
Bremerton, Wash. (Feb. 27. 1946).
FINANCIAL DISCLOSURE REQUIRE-
1941).
Centerville, Ga. (Sept. 16, 1971).
MENTS
(March 14, 1973).
Crane, Ind. (Aug. 3, 1967).
15.
1944).
District of Columbia (July 5, 1977).
1943).
Elmer City, Wash. (Oct. 28, 1947).
Subpart A-General Provisions
1942).
Huachuca City, Ariz. (Apr. 9, 1959).
Sec.
New Johnsonville, Tenn. (Apr. 26. 1956).
734.101 Authority.
1940).
Norris, Tenn. (May 6, 1959).
734.102 Purpose.
Port Orchard, Wash. (Feb. 27, 1946).
12,
1940).
Sierra Vista, Ariz. (Oct. 5, 1955).
734.103 Agency regulations.
1940).
Warner Robins, Ga. (Mar. 19, 1948).
734.104 Policies.
1 and 2 (Mar. 4.
734.105 Definitions.
(c) An employee who resides in a
3 (Oct. 8. 1940).
municipality or political subdivision
Subport B-Persons Required To File
4 (Oct. 2. 1940.
listed in paragraph (b) of this section
1. 2. 3, and 4 to Chevy
734.201 General requirements for filing.
may take an active part in political
734.202 Reporting individual; defined
Feb.
26,
1941).
management and political campaigns
734.203 Certain individuals excluded from
13,
1945).
in connection with partisan elections
reporting requirements.
431