Permitted and Prohibited Activities Overview Show Permitted and Prohibited ActivitiesAll Department of
Justice employees are subject to the Hatch Act, 5 U.S.C. 7323(a) and 7324(a), which generally prohibits Department employees from engaging in partisan political activity while on duty, in a federal facility or using federal property. Political activity is activity directed toward the success or failure of a political party, candidate for partisan political office, or partisan political group. The statute carries serious penalties including REMOVAL from federal employment. "Less restricted" employees, including most career employees in the executive branch, are able to participate actively in political management or partisan political campaigns, while off-duty, outside a federal facility and not using federal property. “Further restricted" employees are held to stricter rules that preclude active participation in political management or partisan political campaigns, even off-duty. The following Department of Justice employees are "further restricted" by statute: all career Senior Executive Service (SES) employees; administrative law judges; employees in the Criminal Division, the Federal Bureau of Investigation, and the National Security Division; and criminal investigators and explosives enforcement officers in ATF. Further restricted employees may not campaign for or against candidates or otherwise engage in political activity in concert with a political party, a candidate for partisan political office, or a partisan political group. Considering the Department’s mission, it has been determined that, as a matter of Department policy, all political appointees will be subject to the rules that govern “further restricted” employees under the Hatch Act to ensure there is not an appearance that politics plays any part in the Department’s day to day operations. Guidance to all Department employees is provided in two memoranda from the Assistant Attorney General for Administration, dated August 30, 2022, one to career employees and one to non-career appointees. The Attorney General has issued an additional memo for non-career appointees. Department employees who have additional questions on political activity should consult their component’s ethics official. Be aware that Hatch Act restrictions apply only to Federal employees and generally do not apply to contractor personnel. Other authorities restrict conduct by contractor personnel. For additional guidance on political activities of contractor personnel contact your component’s Bureau Procurement Chief (https://www.justice.gov/jmd/bureau-procurement-chiefs) or General Counsel. Return to Top Less Restricted Employees: Permitted and Prohibited ActivitiesLess restricted employees may:
Less restricted employees may not:
Return to Top Further Restricted Employees: Permitted and Prohibited ActivitiesFurther restricted employees may:
Return to Top Prohibited ActivitiesFurther restricted employees may not:
Social Media and the Hatch ActAs a general matter, the Department of Justice authorizes some limited personal use of government time and equipment, including the Internet, where there is negligible cost to the government and no interference with official business. However, partisan political activity in the workplace is treated differently than other personal use activities. Since partisan political activity in the workplace is prohibited by the Hatch Act, employees may not use the Internet or any other government equipment to engage in partisan political activities. Federal employees retain the right to have and express personal opinions about candidates, elections and political parties outside of the workplace, using their personal computers, phones, etc. However, they need to have a heightened awareness of what they can and cannot post on a social media site. Employees using Facebook, Twitter, Linked In and other social media sites must be careful that they set and monitor their privacy and other social media settings so that postings to their sites do not link political commentary with their DOJ title or position. Most employees are “less restricted” under the Hatch Act and may be active in partisan political activity while not on duty or in a federal facility. Those who are “further restricted” include employees in the career Senior Executive Service (SES), National Security Division, Criminal Division, Federal Bureau of Investigation, Bureau of Alcohol, Tobacco and Firearms (Criminal Investigators, Explosive Enforcement), Administrative Law Judges and all political appointees. The following list of permitted and prohibited activities will help employees decipher what they may and may not do in terms of political activity using social media. The most important overarching Hatch Act restrictions to always keep in mind when using social media are: (1) no partisan political activity while on duty, in a federal facility, wearing a uniform or official insignia, or using a government vehicle; (2) no soliciting, accepting or receiving political contributions at any time;and (3) no use of official authority or influence, including use of official title, to affect the result of an election. In many cases, most Federal employees MAY . . . (but, please note specific additional limits):
Additional helpful information from the Office of Special Counsel: https://osc.gov/Services/Pages/HatchAct-FAQ.aspx Return to Top Hatch Act Restrictions: Candidate PhotographsDisplaying pictures of candidates for partisan political office in the federal workplace is considered engaging in political activity and barred by the Hatch Act. This applies to the President, who is a candidate for re-election. Therefore, federal employees may not display pictures of the President UNLESS:
In addition to the two exceptions noted above for display of Presidential candidate photographs, federal employees may not display pictures of any partisan candidate UNLESS:
Return to Top If a federal employee or federal employee’s spouse runs for public office, the federal employee should notify his or her ethics official. The ethics official can then advise the employee as to the ethics rules that pertain to that circumstance. Donations to campaigns are among the issues that arise when a federal employee or federal employee’s spouse runs for office. Federal employees must remain mindful that a perception of bias can arise if donors to the campaign have some connection to matters in which the federal employee is participating in his or her official capacity. Employees therefore have a duty to regularly review lists of donors, identifying any that could raise appearance issues. Employees must consider whether donors are prohibited sources under the gift rules, 5 CFR Section 2635.201, et seq., and whether the donation raises concerns under the “catch-all” provision in 5 CFR Section 2635.502. Employees should contact ethics officials when these questions arise in order to discuss appropriate next steps. |