---
kind: "section"
citation: "5 C.F.R. § 734.401"
title: "5"
number: "734.401"
heading: "Coverage."
url: "https://uscodex.org/cfr/5/734.401"
---

# §734.401. Coverage.

- (a) This subpart applies to employees in the following agencies and positions:
  - (1) The Federal Election Commission;
  - (2) The Election Assistance Commission;
  - (3) The Federal Bureau of Investigation;
  - (4) The Secret Service;
  - (5) The Central Intelligence Agency;
  - (6) The National Security Council;
  - (7) The National Security Agency;
  - (8) The Defense Intelligence Agency;
  - (9) The Merit Systems Protection Board;
  - (10) The Office of Special Counsel;
  - (11) **The Office of Criminal Investigation of the Internal Revenue Service.**
  - (12) The Office of Investigative Programs of the United States Customs Service;
  - (13) The Office of Law Enforcement of the Bureau of Alcohol, Tobacco, and Firearms;
  - (14) The Criminal Division of the Department of Justice;
  - (15) The National Security Division of the Department of Justice;
  - (16) The National Geospatial-Intelligence Agency;
  - (17) The Office of the Director of National Intelligence;
  - (18) Career Senior Executive Service positions described in [5 U.S.C. 3132(a)(4)](/usc/5/3132.md?p=a-4);
  - (19) Administrative Law Judge positions described in [5 U.S.C. 5372](/usc/5/5372.md);
  - (20) Contract Appeals Board Member positions described in [5 U.S.C. 5372a](/usc/5/5372a.md); or
  - (21) Administrative Appeals Judge positions described in [5 U.S.C. 5732b](/usc/5/5732b.md).
- (b) Employees appointed by the President by and with the advice and consent of the Senate in the agencies and positions described in [paragraph (a)](#a) of this section are excluded from coverage under this subpart.
- (c) All employees covered under this subpart are free to engage in political activity to the widest extent consistent with the restrictions imposed by law and this subpart.

## Notes

### Amendments

[59 FR 48769, Sept. 23, 1994, as amended at 61 FR 35101, July 5, 1996; 79 FR 25486, May 5, 2014]

### Authority

Authority: 5 U.S.C. 1103, 1104, 7325; Reorganization Plan No. 2 of 1978, 92 Stat. 3783, 3 CFR 1978 Comp. p. 323; and E.O. 12107, 3 CFR 1978 Comp. p. 264.

### Source

Source: 59 FR 48769, Sept. 23, 1994, unless otherwise noted.

### Amendments

[59 FR 48769, Sept. 23, 1994, as amended at 61 FR 35101, July 5, 1996; 79 FR 25486, May 5, 2014]