Complete Home & Office Legal Guide/Complete Home and Office Legal Guide (Chestnut) (1993).ISO/stat/fed/cfr2635a.ws

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PART 2635 -- STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE ì
EXECUTIVE BRANCH (Eff. 2 - 3 - 93)

Subpart A -- General Provisions

Sec.

2635.101 Basic obligation of public service.

2635.102 Definitions.

2635.103 Applicability to members of the uniformed services.

2635.104 Applicability to employees on detail.

2635.105 Supplemental agency regulations.

2635.106 Disciplinary and corrective action.

2635.107 Ethics advice.

Subpart B -- Gifts From Outside Sources

2635.201 Overview.

2635.202 General standards.

2635.203 Definitions.

2635.204 Exceptions.

2635.205 Proper disposition of prohibited gifts.

Subpart C -- Gifts Between Employees

2635.301 Overview.

2635.302 General standards.

2635.303 Definitions.

2635.304 Exceptions.

Subpart D -- Conflicting Financial Interests

2635.401 Overview.

2635.402 Disqualifying financial interests.

2635.403 Prohibited financial interests.

Subpart E -- Impartiality in Performing Official Duties 2635.501 ì
Overview.
 ≡7É3
 è2635.502 Personal and business relationships.

2635.503 Extraordinary payments from former employers.

Subpart F -- Seeking Other Employment

2635.601 Overview.

2635.602 Applicability and related considerations.

2635.603 Definitions.

2635.604 Disqualification while seeking employment.

2635.605 Waiver or authorization permitting participation while ì
seeking employment.

2635.606 Disqualification based on an arrangement concerning ì
prospective employment or otherwise after negotiations.

Subpart G -- Misuse of Position

2635.701 Overview.

2635.702 Use of public office for private gain.

2635.703 Use of nonpublic information.

2635.704 Use of Government property.

2635.705 Use of official time.

Subpart H -- Outside Activities

2635.801 Overview.

2635.802 Conflicting outside employment and activities.

2635.803 Prior approval for outside employment and activities.

2635.804 Outside earned income limitations applicable to certain ì
Presidential appointees and other noncareer employees.

2635.805 Service as an expert witness.

2635.806 Participation in professional associations. [Reserved]

2635.807 Teaching, speaking and writing.

2635.808 Fundraising activities.

2635.809 Just financial obligations.
Subpart I -- Related Statutory Authorities

2635.901 General. ≡7É3
 è
2635.902 Related statutes.

    Authority: 5 U.S.C. 7351, 7353; 5 U.S.C. App. (Ethics in ì
Government Act of 1978); E.O. 12674, 54 FR 15159, 3 CFR, 1989 ì
Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, ì
1990 Comp., p. 306.

Source: 57 FR 35042, Aug. 7, 1992, unless otherwise noted.

    Effective Date Note: At 57 FR 35042, Aug. 7, 1992, part ì
2635 was revised, effective February 3, 1993. For the convenience ì
of the reader, part 2635 remaining in effect until February 3, ì
1993 follows the text of this new part.

Subpart A -- General Provisions

2635.101 Basic obligation of public service.

    (a)    Public service is a public trust. Each employee has a ì
responsibility to the United States Government and its citizens ì
to place loyalty to the Constitution, laws and ethical principles ì
above private gain.  To ensure that every citizen can have ì
complete confidence in the integrity of the Federal Government, ì
each employee shall respect and adhere to the principles of ì
ethical conduct set forth in this section, as well as the ì
implementing standards contained in this part and in supplemental ì
agency regulations.

    (b)    General principles. The following general principles ì
apply to every employee and may form the basis for the standards ì
contained in this part. Where a situation is not covered by the ì
standards set forth in this part, employees shall apply the ì
principles set forth in this section in determining whether their ì
conduct is proper.

    (1)    Public service is a public trust, requiring employees ì
to place loyalty to the Constitution, the laws and ethical ì
principles above private gain.

    (2)    Employees shall not hold financial interests that ì
conflict with the conscientious performance of duty.

    (3)    Employees shall not engage in financial transactions ì
using nonpublic Government information or allow the improper use ì
of such information to further any private interest.

    (4)    An employee shall not, except as permitted by subpart ì
B of this part, solicit or accept any gift or other item of ì
monetary value from any person or entity seeking official action ì
from, doing business with, or conducting activities regulated by ì
the employee's agency, or whose interests may be substantially ì
affected by the performance or nonperformance of the employee's ì
duties.
 ≡7É3
 è    (5)    Employees shall put forth honest effort in the ì
performance of their duties.

    (6)    Employees shall not knowingly make unauthorized ì
commitments or promises of any kind purporting to bind the ì
Government.

    (7)    Employees shall not use public office for private ì
gain.

    (8)    Employees shall act impartially and not give ì
preferential treatment to any private organization or individual.

    (9)    Employees shall protect and conserve Federal property ì
and shall not use it for other than authorized activities.

    (10)    Employees shall not engage in outside employment or ì
activities, including seeking or negotiating for employment, that ì
conflict with official Government duties and responsibilities.

    (11)    Employees shall disclose waste, fraud, abuse, and ì
corruption to appropriate authorities.

    (12)    Employees shall satisfy in good faith their ì
obligations as citizens, including all just financial ì
obligations, especially those -- such as Federal, State, or local ì
taxes -- that are imposed by law.

    (13)    Employees shall adhere to all laws and regulations ì
that provide equal opportunity for all Americans regardless of ì
race, color, religion, sex, national origin, age, or handicap.

    (14)    Employees shall endeavor to avoid any actions ì
creating the appearance that they are violating the law or the ì
ethical standards set forth in this part. Whether particular ì
circumstances create an appearance that the law or these ì
standards have been violated shall be determined from the ì
perspective of a reasonable person with knowledge of the relevant ì
facts.

    (c)    Related statutes. In addition to the standards of ì
ethical conduct set forth in this part, there are conflict of ì
interest statutes that prohibit certain conduct. Criminal ì
conflict of interest statutes of general applicability to all ì
employees, 18 U.S.C. 201, 203, 205, 208, and 209, are summarized ì
in the appropriate subparts of this part and must be taken into ì
consideration in determining whether conduct is proper. Citations ì
to other generally applicable statutes relating to employee ì
conduct are set forth in subpart I and employees are further ì
cautioned that there may be additional statutory and regulatory ì
restrictions applicable to them generally or as employees of ì
their specific agencies. Because an employee is considered to be ì
on notice of the requirements of any statute, an employee should ì
not rely upon any description or synopsis of a statutory ì
restriction, but should refer to the statute itself and obtain  ≡7É3
 ìèthe advice of an agency ethics official as needed.

2635.102 Definitions.

    The definitions listed below are used throughout this ì
part.  Additional definitions appear in the subparts or sections ì
of subparts to which they apply. For purposes of this part:

    (a)    Agency means an executive agency as defined in 5 ì
U.S.C. 105 and the Postal Service and the Postal Rate Commission. ì
It does not include the General Accounting Office or the ì
Government of the District of Columbia.

    (b)    Agency designee refers to any employee who, by agency ì
regulation, instruction, or other issuance, has been delegated ì
authority to make any determination, give any approval, or take ì
any other action required or permitted by this part with respect ì
to another employee. An agency may delegate these authorities to ì
any number of agency designees necessary to ensure that ì
determinations are made, approvals are given, and other actions ì
are taken in a timely and responsible manner. Any provision that ì
requires a determination, approval, or other action by the agency ì
designee shall, where the conduct in issue is that of the agency ì
head, be deemed to require that such determination, approval or ì
action be made or taken by the agency head in consultation with ì
the designated agency ethics official.

    (c)    Agency ethics official refers to the designated agency ì
ethics official or to the alternate designated agency ethics ì
official, referred to in 2638.202(b) of this chapter, and to any ì
deputy ethics official, described in 2638.204 of this chapter, ì
who has been delegated authority to assist in carrying out the ì
responsibilities of the designated agency ethics official.

    (d)    Agency programs or operations refers to any program or ì
function carried out or performed by an agency, whether pursuant ì
to statute, Executive order, or regulation.

    (e)    Corrective action includes any action necessary to ì
remedy a past violation or prevent a continuing violation of this ì
part, including but not limited to restitution, change of ì
assignment, disqualification, divestiture, termination of an ì
activity, waiver, the creation of a qualified diversified or ì
blind trust, or counseling.

    (f)    Designated agency ethics official refers to the ì
official designated under 2638.201 of this chapter.

    (g)    Disciplinary action includes those disciplinary ì
actions referred to in Office of Personnel Management regulations ì
and instructions implementing provisions of title 5 of the United ì
States Code or provided for in comparable provisions applicable ì
to employees not subject to title 5, including but not limited to ì
reprimand, suspension, demotion, and removal. In the case of a ì
military officer, comparable provisions may include those in the  ≡7É3
 ìèUniform Code of Military Justice.

    (h)    Employee means any officer or employee of an agency, ì
including a special Government employee. It includes officers but ì
not enlisted members of the uniformed services. For purposes ì
other than subparts B and C of this part, it does not include the ì
President or Vice President. Status as an employee is unaffected ì
by pay or leave status or, in the case of a special Government ì
employee, by the fact that the individual does not perform ì
official duties on a given day.

    (i)    Head of an agency means, in the case of an agency ì
headed by more than one person, the chair or comparable member of ì
such agency.

    (j)    He, his, and him include she, hers and her.

    (k)    Person means an individual, corporation and ì
subsidiaries it controls, company, association, firm, ì
partnership, society, joint stock company, or any other ì
organization or institution, including any officer, employee, or ì
agent of such person or entity. For purposes of this part, a ì
corporation will be deemed to control a subsidiary if it owns 50 ì
percent or more of the subsidiary's voting securities. The term ì
is all-inclusive and applies to commercial ventures and nonprofit ì
organizations as well as to foreign, State, and local ì
governments, including the Government of the District of ì
Columbia. It does not include any agency or other entity of the ì
Federal Government or any officer or employee thereof when acting ì
in his official capacity on behalf of that agency or entity.

    (l)    Special Government employee means those executive ì
branch officers or employees specified in 18 U.S.C. 202(a). A ì
special Government employee is retained, designated, appointed, ì
or employed to perform temporary duties either on a full-time or ì
intermittent basis, with or without compensation, for a period ì
not to exceed 130 days during any consecutive 365-day period.

    (m)    Supplemental agency regulation means a regulation ì
issued pursuant to 2635.105.

2635.103 Applicability to members of the uniformed services.

    The provisions of this part, except this section, are not ì
applicable to enlisted members of the uniformed services. Each ì
agency with jurisdiction over enlisted members of the uniformed ì
services shall issue regulations defining the ethical conduct ì
obligations of enlisted members under its jurisdiction. Those ì
regulations shall be consistent with Executive Order 12674, April ì
12, 1989, as modified, and may prescribe the full range of ì
statutory and regulatory sanctions, including those available ì
under the Uniform Code of Military Justice, for failure to comply ì
with such regulations.

2635.104 Applicability to employees on detail. ≡7É3
 è
    (a)    Details to other agencies. Except as provided in ì
paragraph (d) of this section, an employee on detail, including a ì
uniformed officer on assignment, from his employing agency to ì
another agency for a period in excess of 30 calendar days shall ì
be subject to any supplemental agency regulations of the agency ì
to which he is detailed rather than to any supplemental agency ì
regulations of his employing agency.

    (b)    Details to the legislative or judicial branch. An ì
employee on detail, including a uniformed officer on assignment, ì
from his employing agency to the legislative or judicial branch ì
for a period in excess of 30 calendar days shall be subject to ì
the ethical standards of the branch or entity to which detailed. ì
For the duration of any such detail or assignment, the employee ì
shall not be subject to the provisions of this part, except this ì
section, or, except as provided in paragraph (d) of this section, ì
to any supplemental agency regulations of his employing agency, ì
but shall remain subject to the conflict of interest prohibitions ì
in title 18 of the United States Code.

    (c)    Details to non-Federal entities. Except to the extent ì
exempted in writing pursuant to this paragraph, an employee ì
detailed to a non-Federal entity remains subject to this part and ì
to any supplemental agency regulation of his employing agency. ì
When an employee is detailed pursuant to statutory authority to ì
an international organization or to a State or local government ì
for a period in excess of six months, the designated agency ì
ethics official may grant a written exemption from subpart B of ì
this part based on his determination that the entity has adopted ì
written ethical standards covering solicitation and acceptance of ì
gifts which will apply to the employee during the detail and ì
which will be appropriate given the purpose of the detail.

    (d)    Applicability of special agency statutes. ì
Notwithstanding paragraphs (a) and (b) of this section, an ì
employee who is subject to an agency statute which restricts his ì
activities or financial holdings specifically because of his ì
status as an employee of that agency shall continue to be subject ì
to any provisions in the supplemental agency regulations of his ì
employing agency that implement that statute.