Complete Home & Office Legal Guide

home *** CD-ROM | disk | FTP | other *** search

/ Complete Home & Office Legal Guide / Complete Home and Office Legal Guide (Chestnut) (1993).ISO / stat / fed / cfr2635g.ws < prev next >

Wrap

Text File | 1993-08-01 | 35.6 KB | 747 lines

2635.807 Teaching, speaking and writing. (a) Compensation for teaching, speaking or writing. Except ì as permitted by paragraph (a)(3) of this section, an employee, ì including a special Government employee, shall not receive ì compensation from any source other than the Government for ì teaching, speaking or writing that relates to the employee's ì official duties. (1) Relationship to other limitations on receipt of ì compensation. The compensation prohibition contained in this ì section is in addition to any other limitation on receipt of ì compensation set forth in this chapter, including: (i) The honorarium prohibition on receipt of compensation ì for an appearance, speech or article, which is implemented in ì 2636.201 through 2636.205 of this chapter; (ii) The requirement contained in 2636.307 of this ì chapter that covered noncareer employees obtain advance ì authorization before engaging in teaching for compensation; and (iii) The prohibitions and limitations in 2635.804 and in ì 2636.304 of this chapter on receipt of outside earned income ì applicable to certain Presidential appointees and to other ì covered noncareer employees. ≡7É3 è Example 1. A personnel specialist employed by the ì Department of Labor has been asked by the publisher of a magazine ì to write an article on his hobby of collecting arrowheads. Even ì though the subject matter is unrelated to his official duties, he ì may not accept the publisher's offer of $200 for the article. ì Because the compensation offered is for an article, its receipt ì would violate the honorarium prohibition contained in 2636.201 ì through 2636.205 of this chapter. (2) Definitions. For purposes of this paragraph: (i) Teaching, speaking or writing relates to the ì employee's official duties if: (A) The activity is undertaken as part of the employee's ì official duties; (B) The circumstances indicate that the invitation to ì engage in the activity was extended to the employee primarily ì because of his official position rather than his expertise on the ì particular subject matter; (C) The invitation to engage in the activity or the offer ì of compensation for the activity was extended to the employee, ì directly or indirectly, by a person who has interests that may be ì affected substantially by performance or nonperformance of the ì employee's official duties; (D) The information conveyed through the activity draws ì substantially on ideas or official data that are nonpublic ì information as defined in 2635.703(b); or (E) Except as provided in paragraph (a)(2)(i)(E)(4) of ì this section, the subject of the activity deals in significant ì part with: (1) Any matter to which the employee presently is assigned ì or to which the employee had been assigned during the previous ì one-year period; (2) Any ongoing or announced policy, program or operation ì of the agency; or (3) In the case of a noncareer employee as defined in ì 2636.303(a) of this chapter, the general subject matter area, ì industry, or economic sector primarily affected by the programs ì and operations of his agency. (4) The restrictions in paragraphs (a)(2)(i)(E) (2) and ì (3) of this section do not apply to a special Government ì employee. The restriction in paragraph (a)(2)(i)(E)(1) of this ì section applies only during the current appointment of a special ì Government employee; except that if the special Government ì employee has not served or is not expected to serve for more than ì 60 days during the first year or any subsequent one year period ≡7É3 ìèof that appointment, the restriction applies only to particular ì matters involving specific parties in which the special ì Government employee has participated or is participating ì personally and substantially. Note: Section 2635.807(a)(2)(i)(E) does not preclude an ì employee, other than a covered noncareer employee, from receiving ì compensation for teaching, speaking or writing on a subject ì within the employee's discipline or inherent area of expertise ì based on his educational background or experience even though the ì teaching, speaking or writing deals generally with a subject ì within the agency's areas of responsibility. Example 1: The Director of the Division of Enforcement at ì the Commodity Futures Trading Commission has a keen interest in ì stamp collecting and has spent years developing his own ì collection as well as studying the field generally. He is asked ì by an international society of philatelists to give a series of ì four lectures on how to assess the value of American stamps. ì Because the subject does not relate to his official duties, the ì Director may accept compensation for the lecture series. He could ì not, however, accept a similar invitation from a commodities ì broker. Example 2: A scientist at the National Institutes of ì Health, whose principal area of Government research is the ì molecular basis of the development of cancer, could not be ì compensated for writing a book which focuses specifically on the ì research she conducts in her position at NIH, and thus, relates ì to her official duties. However, the scientist could receive ì compensation for writing or editing a textbook on the treatment ì of all cancers, provided that the book does not focus on recent ì research at NIH, but rather conveys scientific knowledge gleaned ì from the scientific community as a whole. The book might include ì a chapter, among many other chapters, which discusses the ì molecular basis of cancer development. Additionally, the book ì could contain brief discussions of recent developments in cancer ì treatment, even though some of those developments are derived ì from NIH research, as long as it is available to the public. Example 3: On his own time, a National Highway Traffic ì Safety Administration employee prepared a consumer's guide to ì purchasing a safe automobile that focuses on automobile crash ì worthiness statistics gathered and made public by NHTSA. He may ì not receive royalties or any other form of compensation for the ì guide. The guide deals in significant part with the programs or ì operations of NHTSA and, therefore, relates to the employee's ì official duties. On the other hand, the employee could receive ì royalties from the sale of a consumer's guide to values in used ì automobiles even though it contains a brief, incidental ì discussion of automobile safety standards developed by NHTSA. Example 4: An employee of the Securities and Exchange ì Commission may not receive compensation for a book which focuses ì specifically on the regulation of the securities industry in the ≡7É3 ìèUnited States, since that subject concerns the regulatory ì programs or operations of the SEC. The employee may, however, ì write a book about the advantages of investing in various types ì of securities as long as the book contains only an incidental ì discussion of any program or operation of the SEC. Example 5: An employee of the Department of Commerce who ì works in the Department's employee relations office is an ì acknowledged expert in the field of Federal employee labor ì relations, and participates in Department negotiations with ì employee unions. The employee may receive compensation from a ì private training institute for a series of lectures which ì describe the decisions of the Federal Labor Relations Authority ì concerning unfair labor practices, provided that her lectures do ì not contain any significant discussion of labor relations cases ì handled at the Department of Commerce, or the Department's labor ì relations policies. Federal Labor Relations Authority decisions ì concerning Federal employee unfair labor practices are not a ì specific program or operation of the Department of Commerce and ì thus do not relate to the employee's official duties. However, an ì employee of the FLRA could not give the same presentations for ì compensation. Example 6: A program analyst employed at the ì Environmental Protection Agency may receive royalties and other ì compensation for a book about the history of the environmental ì movement in the United States even though it contains brief ì references to the creation and responsibilities of the EPA. A ì covered noncareer employee of the EPA, however, could not receive ì compensation for writing the same book because it deals with the ì general subject matter area affected by EPA programs and ì operations. Neither employee could receive compensation for ì writing a book that focuses on specific EPA regulations or ì otherwise on its programs and operations. Example 7: An attorney in private practice has been given ì a one year appointment as a special Government employee to serve ì on an advisory committee convened for the purpose of surveying ì and recommending modification of procurement regulations that ì deter small businesses from competing for Government contracts. ì Because his service under that appointment is not expected to ì exceed 60 days, the attorney may accept compensation for an ì article about the anticompetitive effects of certain regulatory ì certification requirements even though those regulations are ì being reviewed by the advisory committee. The regulations which ì are the focus of the advisory committee deliberations are not a ì particular matter involving specific parties. Because the ì information is nonpublic, he could not, however, accept ì compensation for an article which recounts advisory committee ì deliberations that took place in a meeting closed to the public ì in order to discuss proprietary information provided by a small ì business. Example 8: A biologist who is an expert in marine life is ì employed for more than 60 days in a year as a special Government ≡7É3 ìèemployee by the National Science Foundation to assist in ì developing a program of grants by the Foundation for the study of ì coral reefs. The biologist may continue to receive compensation ì for speaking, teaching and writing about marine life generally ì and coral reefs specifically. However, during the term of her ì appointment as a special Government employee, she may not receive ì compensation for an article about the NSF program she is ì participating in developing. Only the latter would concern a ì matter to which the special Government employee is assigned. Example 9: An expert on international banking ì transactions has been given a one-year appointment as a special ì Government employee to assist in analyzing evidence in the ì Government's fraud prosecution of owners of a failed savings and ì loan association. It is anticipated that she will serve fewer ì than 60 days under that appointment. Nevertheless, during her ì appointment, the expert may not accept compensation for an ì article about the fraud prosecution, even though the article does ì not reveal nonpublic information. The prosecution is a particular ì matter that involves specific parties. (ii) Agency has the meaning set forth in 2635.102(a), ì except that any component of a department designated as a ì separate agency under 2635.203(a) shall be considered a separate ì agency. (iii) Compensation includes any form of consideration, ì remuneration or income, including royalties, given for or in ì connection with the employee's teaching, speaking or writing ì activities. Unless accepted under specific statutory authority, ì such as 31 U.S.C. 1353, 5 U.S.C. 4111 or 7342, or an agency gift ì acceptance statute, it includes transportation, lodgings and ì meals, whether provided in kind, by purchase of a ticket, by ì payment in advance or by reimbursement after the expense has been ì incurred. It does not include: (A) Items offered by any source that could be accepted ì from a prohibited source under subpart B of this part; (B) Meals or other incidents of attendance such as waiver ì of attendance fees or course materials furnished as part of the ì event at which the teaching or speaking takes place; or (C) Copies of books or of publications containing ì articles, reprints of articles, tapes of speeches, and similar ì items that provide a record of the teaching, speaking or writing ì activity. (iv) Receive means that there is actual or constructive ì receipt of the compensation by the employee so that the employee ì has the right to exercise dominion and control over the ì compensation and to direct its subsequent use. Compensation ì received by an employee includes compensation which is: (A) Paid to another person, including a charitable ≡7É3 ìèorganization, on the basis of designation, recommendation or ì other specification by the employee; or (B) Paid with the employee's knowledge and acquiescence to ì his parent, sibling, spouse, child, or dependent relative. (v) Particular matter involving specific parties has the ì meaning set forth in 2637.102(a)(7) of this chapter. (vi) Personal and substantial participation has the ì meaning set forth in 2635.402(b)(4). (3) Exception for teaching certain courses. ì Notwithstanding that the activity would relate to his official ì duties under paragraphs (a)(2)(i) (B) or (E) of this section, an employee may accept compensation ì for teaching a course requiring multiple presentations by the ì employee if the course is offered as part of: (i) The regularly established curriculum of: (A) An institution of higher education as defined at 20 ì U.S.C. 1141(a); (B) An elementary school as defined at 20 U.S.C. 2891(8); ì or (C) A secondary school as defined at 20 U.S.C. 2891(21); ì or (ii) A program of education or training sponsored and ì funded by the Federal Government or by a State or local ì government which is not offered by an entity described in ì paragraph (a)(3)(i) of this section. Example 1: An employee of the Cost Accounting Standards ì Board who teaches an advanced accounting course as part of the ì regular business school curriculum of an accredited university ì may receive compensation for teaching the course even though a ì substantial portion of the course deals with cost accounting ì principles applicable to contracts with the Government. Moreover, ì his receipt of a salary or other compensation for teaching this ì course does not violate the honorarium prohibition on receipt of ì compensation for any speech, which is implemented in 2636.201 ì through 2636.205 of this chapter. Example 2: An attorney employed by the Equal Employment ì Opportunity Commission may accept compensation for teaching a ì course at a state college on the subject of Federal employment ì discrimination law. The attorney could not accept compensation ì for teaching the same seminar as part of a continuing education ì program sponsored by her bar association because the subject of ì the course is focused on the operations or programs of the EEOC ì and the sponsor of the course is not an accredited educational ì institution. ≡7É3 è Example 3: An employee of the National Endowment for the ì Humanities is invited by a private university to teach a course ì that is a survey of Government policies in support of artists, ì poets and writers. As part of his official duties, the employee ì administers a grant that the university has received from the ì NEH. The employee may not accept compensation for teaching the ì course because the university has interests that may be ì substantially affected by the performance or nonperformance of ì the employee's duties. Likewise, an employee may not receive ì compensation for any teaching that is undertaken as part of his ì official duties or that involves the use of nonpublic ì information. (b) Reference to official position. An employee who is ì engaged in teaching, speaking or writing as outside employment or ì as an outside activity shall not use or permit the use of his ì official title or position to identify him in connection with his ì teaching, speaking or writing activity or to promote any book, ì seminar, course, program or similar undertaking, except that: (1) An employee may include or permit the inclusion of his ì title or position as one of several biographical details when ì such information is given to identify him in connection with his ì teaching, speaking or writing, provided that his title or ì position is given no more prominence than other significant ì biographical details; (2) An employee may use, or permit the use of, his title ì or position in connection with an article published in a ì scientific or professional journal, provided that the title or ì position is accompanied by a reasonably prominent disclaimer ì satisfactory to the agency stating that the views expressed in ì the article do not necessarily represent the views of the agency ì or the United States; and (3) An employee who is ordinarily addressed using a ì general term of address, such as ``The Honorable,'' or a rank, ì such as a military or ambassadorial rank, may use or permit the ì use of that term of address or rank in connection with his ì teaching, speaking or writing. Note: Some agencies may have policies requiring advance ì agency review, clearance, or approval of certain speeches, books, ì articles or similar products to determine whether the product ì contains an appropriate disclaimer, discloses nonpublic ì information, or otherwise complies with this section. Example 1: A meteorologist employed with the National ì Oceanic and Atmospheric Administration is asked by a local ì university to teach a graduate course on hurricanes. The ì university may include the meteorologist's Government title and ì position together with other information about his education and ì previous employment in course materials setting forth ì biographical data on all teachers involved in the graduate ≡7É3 ìèprogram. However, his title or position may not be used to ì promote the course, for example, by featuring the meteorologist's ì Government title, Senior Meteorologist, NOAA, in bold type under ì his name. In contrast, his title may be used in this manner when ì the meteorologist is authorized by NOAA to speak in his official ì capacity. Example 2: A doctor just employed by the Centers for ì Disease Control has written a paper based on his earlier ì independent research into cell structures. Incident to the ì paper's publication in the Journal of the American Medical ì Association, the doctor may be given credit for the paper, as Dr. ì M. Wellbeing, Associate Director, Centers for Disease Control, ì provided that the article also contains a disclaimer, concurred ì in by the CDC, indicating that the paper is the result of the ì doctor's independent research and does not represent the findings ì of the CDC. Example 3: An employee of the Federal Deposit Insurance ì Corporation has been asked to give a speech in his private ì capacity, without compensation, to the annual meeting of a ì committee of the American Bankers Association on the need for ì banking reform. The employee may be described in his introduction ì at the meeting as an employee of the Federal Deposit Insurance ì Corporation provided that other pertinent biographical details ì are mentioned as well. [57 FR 35041, Aug. 7, 1992; 57 FR 48557, Oct. 27, 1992] 2635.808 Fundraising activities. An employee may engage in fundraising only in accordance ì with the restrictions in part 950 of this title on the conduct of ì charitable fundraising in the Federal workplace and in accordance ì with paragraphs (b) and (c) of this section. (a) Definitions. For purposes of this section: (1) ì Fundraising means the raising of funds for a nonprofit ì organization, other than a political organization as defined in ì 26 U.S.C. 527(e), through: (i) Solicitation of funds or sale of items; or (ii) Participation in the conduct of an event by an ì employee where any portion of the cost of attendance or participation may be ì taken as a charitable tax deduction by a person incurring that ì cost. (2) Participation in the conduct of an event means active ì and visible participation in the promotion, production, or ì presentation of the event and includes serving as honorary ì chairperson, sitting at a head table during the event, and ì standing in a reception line. The term does not include mere ì attendance at an event provided that, to the employee's ≡7É3 ìèknowledge, his attendance is not used by the nonprofit ì organization to promote the event. While the term generally ì includes any public speaking during the event, it does not ì include the delivery of an official speech as defined in ì paragraph (a)(3) of this section or any seating or other ì participation appropriate to the delivery of such a speech. ì Waiver of a fee for attendance at an event by a participant in ì the conduct of that event does not constitute a gift for purposes ì of subpart B of this part. Note: This section does not prohibit fundraising for ì political parties. However, there are statutory restrictions that ì apply to political fundraising. Employees, other than those ì exempt under 5 U.S.C. 7324(d), are prohibited by the Hatch Act, 5 ì U.S.C. 7321 through 7328, from soliciting or collecting ì contributions or other funds for a partisan political purpose or ì in connection with a partisan election. In addition, all ì employees are prohibited by 18 U.S.C. 602 from knowingly ì soliciting contributions for any political purpose from other ì employees and by 18 U.S.C. 607 from soliciting such contributions ì in the Federal workplace. Example 1: The Secretary of Transportation has been asked ì to serve as master of ceremonies for an All-Star Gala. Tickets to ì the event cost $150 and are tax deductible as a charitable ì donation, with proceeds to be donated to a local hospital. By ì serving as master of ceremonies, the Secretary would be ì participating in fundraising. (3) Official speech means a speech given by an employee in ì his official capacity on a subject matter that relates to his ì official duties, provided that the employee's agency has ì determined that the event at which the speech is to be given ì provides an appropriate forum for the dissemination of the ì information to be presented and provided that the employee does ì not request donations or other support for the nonprofit ì organization. Subject matter relates to an employee's official ì duties if it focuses specifically on the employee's official ì duties, on the responsibilities, programs, or operations of the ì employee's agency as described in 2635.807(a)(2)(i)(E), or on ì matters of Administration policy on which the employee has been ì authorized to speak. Example 1: The Secretary of Labor is invited to speak at ì a banquet honoring a distinguished labor leader, the proceeds of ì which will benefit a nonprofit organization that assists homeless ì families. She devotes a major portion of her speech to the ì Administration's Points of Light initiative, an effort to ì encourage citizens to volunteer their time to help solve serious ì social problems. Because she is authorized to speak on ì Administration policy, her remarks at the banquet are an official ì speech. However, the Secretary would be engaged in fundraising if ì she were to conclude her official speech with a request for ì donations to the nonprofit organization. ≡7É3 è Example 2: A charitable organization is sponsoring a ì two-day tennis tournament at a country club in the Washington, DC ì area to raise funds for recreational programs for learning ì disabled children. The organization has invited the Secretary of ì Education to give a speech on federally funded special education ì programs at the awards dinner to be held at the conclusion of the ì tournament and a determination has been made that the dinner is ì an appropriate forum for the particular speech. The Secretary may ì speak at the dinner and, under 2635.204(g)(1), he may partake of ì the meal provided to him at the dinner. (4) Personally solicit means to request or otherwise ì encourage donations or other support either through ì person-to-person contact or through the use of one's name or ì identity in correspondence or by permitting its use by others. It ì does not include the solicitation of funds through the media or ì through either oral remarks, or the contemporaneous dispatch of ì like items of mass-produced correspondence, if such remarks or ì correspondence are addressed to a group consisting of many ì persons, unless it is known to the employee that the solicitation ì is targeted at subordinates or at persons who are prohibited ì sources within the meaning of 2635.203(d). It does not include ì behind-the-scenes assistance in the solicitation of funds, such ì as drafting correspondence, stuffing envelopes, or accounting for ì contributions. Example 1: An employee of the Department of Energy who ì signs a letter soliciting funds for a local private school does ì not ``personally solicit'' funds when 500 copies of the letter, ì which makes no mention of his DOE position and title, are mailed ì to members of the local community, even though some individuals ì who are employed by Department of Energy contractors may receive ì the letter. (b) Fundraising in an official capacity. An employee may ì participate in fundraising in an official capacity if, in ì accordance with a statute, Executive order, regulation or ì otherwise as determined by the agency, he is authorized to engage ì in the fundraising activity as part of his official duties. When ì authorized to participate in an official capacity, an employee ì may use his official title, position and authority. Example 1: Because participation in his official capacity ì is authorized under part 950 of this title, the Secretary of the ì Army may sign a memorandum to all Army personnel encouraging them ì to donate to the Combined Federal Campaign. (c) Fundraising in a personal capacity. An employee may ì engage in fundraising in his personal capacity provided that he ì does not: (1) Personally solicit funds or other support from a ì subordinate or from any person: (i) Known to the employee, if the employee is other than a ≡7É3 ìèspecial Government employee, to be a prohibited source within the ì meaning of 2635.203(d); or (ii) Known to the employee, if the employee is a special Government employee, to be a prohibited source within the meaning ì of 2635.203(d)(4) that is a person whose interests may be ì substantially affected by performance or nonperformance of his ì official duties; (2) Use or permit the use of his official title, position ì or any authority associated with his public office to further the ì fundraising effort, except that an employee who is ordinarily ì addressed using a general term of address, such ``The ì Honorable,'' or a rank, such as a military or ambassadorial rank, ì may use or permit the use of that term of address or rank for ì such purposes; or (3) Engage in any action that would otherwise violate this ì part. Example 1: A nonprofit organization is sponsoring a golf ì tournament to raise funds for underprivileged children. The ì Secretary of the Navy may not enter the tournament with the ì understanding that the organization intends to attract ì participants by offering other entrants the opportunity, in ì exchange for a donation in the form of an entry fee, to spend the ì day playing 18 holes of golf in a foursome with the Secretary of ì the Navy. Example 2: An employee of the Merit Systems Protection ì Board may not use the agency's photocopier to reproduce ì fundraising literature for her son's private school. Such use of ì the photocopier would violate the standards at 2635.704 regarding ì use of Government property. Example 3: An Assistant Attorney General may not sign a ì letter soliciting funds for a homeless shelter as ``John Doe, ì Assistant Attorney General.'' He also may not sign a letter with ì just his signature, ``John Doe,'' soliciting funds from a ì prohibited source, unless the letter is one of many identical, ì mass-produced letters addressed to a large group where the ì solicitation is not known to him to be targeted at persons who ì are either prohibited sources or subordinates. [57 FR 35041, Aug. 7, 1992; 57 FR 48557, Oct. 27, 1992] 2635.809 Just financial obligations. Employees shall satisfy in good faith their obligations ì as citizens, including all just financial obligations, especially ì those such as Federal, State, or local taxes that are imposed by ì law. For purposes of this section, a just financial obligation ì includes any financial obligation acknowledged by the employee or ì reduced to judgment by a court. In good faith means an honest ì intention to fulfill any just financial obligation in a timely ≡7É3 ìèmanner. In the event of a dispute between an employee and an ì alleged creditor, this section does not require an agency to ì determine the validity or amount of the disputed debt or to ì collect a debt on the alleged creditor's behalf. Subpart I -- Related Statutory Authorities 2635.901 General. In addition to the standards of ethical conduct set forth ì in subparts A through H of this part, there are a number of ì statutes that establish standards to which an employee's conduct ì must conform. The list set forth in 2635.902 references some of ì the more significant of those statutes. It is not comprehensive and includes only references to ì statutes of general applicability. While it includes references ì to several of the basic conflict of interest statutes whose ì standards are explained in more detail throughout this part, it ì does not include references to statutes of more limited ì applicability, such as statutes that apply only to officers and ì employees of the Department of Defense. 2635.902 Related statutes. (a) The prohibition against solicitation or receipt of ì bribes (18 U.S.C. 201(b)). (b) The prohibition against solicitation or receipt of ì illegal gratuities (18 U.S.C. 201(c)). (c) The prohibition against seeking or receiving ì compensation for certain representational services before the ì Government (18 U.S.C. 203). (d) The prohibition against assisting in the prosecution ì of claims against the Government or acting as agent or attorney ì before the Government (18 U.S.C. 205). (e) The post-employment restrictions applicable to former ì employees (18 U.S.C. 207, with implementing regulations at parts ì 2637 and 2641 of this chapter). (f) The post-employment restrictions applicable to former ì procurement officials (41 U.S.C. 423(f)). (g) The prohibition against participating in matters ì affecting an employee's own financial interests or the financial ì interests of other specified persons or organizations (18 U.S.C. ì 208). (h) The prohibition on a procurement official's ì negotiating for employment with competing contractors (41 U.S.C. ì 423(b)(1)). (i) The prohibition against receiving salary or any ì contribution to or supplementation of salary as compensation for ≡7É3 ìèGovernment service from a source other than the United States (18 ì U.S.C. 209). (j) The prohibition against gifts to superiors (5 U.S.C. ì 7351). (k) The prohibition against solicitation or receipt of ì gifts from specified prohibited sources (5 U.S.C. 7353). (l) The prohibition against solicitation or receipt of ì gifts from competing contractors (41 U.S.C. 423(b)(2)). (m) The provisions governing receipt and disposition of ì foreign gifts and decorations (5 U.S.C. 7342). (n) The Code of Ethics for Government Service (Pub. L. 96 ì - 303, 94 Stat. 855). (o) The prohibitions against certain political activities ì (5 U.S.C. 7321 et seq. and 18 U.S.C. 602, 603, 606 and 607). (p) The prohibitions against disloyalty and striking (5 ì U.S.C. 7311 and 18 U.S.C. 1918). (q) The general prohibition against acting as the agent of ì a foreign principal required to register under the Foreign Agents ì Registration Act (18 U.S.C. 219). (r) The prohibition against employment of a person ì convicted of participating in or promoting a riot or civil ì disorder (5 U.S.C. 7313). (s) The prohibition against employment of an individual ì who habitually uses intoxicating beverages to excess (5 U.S.C. ì 7352). (t) The prohibition against misuse of a Government vehicle ì (31 U.S.C. 1344). (u) The prohibition against misuse of the franking ì privilege (18 U.S.C. 1719). (v) The prohibition against fraud or false statements in a ì Government matter (18 U.S.C. 1001). (w) The prohibition against concealing, mutilating or ì destroying a public record (18 U.S.C. 2071). (x) The prohibition against counterfeiting or forging ì transportation requests (18 U.S.C. 508). (y) The restrictions on disclosure of certain sensitive ì Government information under the Freedom of Information Act and ì the Privacy Act (5 U.S.C. 552 and 552a). ≡7É3 è (z) The prohibitions against disclosure of classified ì information (18 U.S.C. 798 and 50 U.S.C. 783(b)). (aa) The prohibition against disclosure of proprietary ì information and certain other information of a confidential ì nature (18 U.S.C. 1905). (bb) The prohibition against unauthorized disclosure of ì certain procurement sensitive information, including proprietary ì or source selection information (41 U.S.C. 423(b) (3) and (d)). (cc) The prohibition against unauthorized use of ì documents relating to claims from or by the Government (18 U.S.C. ì 285). (dd) The prohibition against certain personnel practices ì (5 U.S.C. 2302). (ee) The prohibition against interference with civil ì service examinations (18 U.S.C. 1917). (ff) The restrictions on use of public funds for lobbying ì (18 U.S.C. 1913). (gg) The prohibition against participation in the ì appointment or promotion of relatives (5 U.S.C. 3110). (hh) The prohibition against solicitation or acceptance ì of anything of value to obtain public office for another (18 ì U.S.C. 211). (ii) The prohibition against conspiracy to commit an ì offense against or to defraud the United States (18 U.S.C. 371). (jj) The prohibition against embezzlement or conversion ì of Government money or property (18 U.S.C. 641). (kk) The prohibition against failing to account for ì public money (18 U.S.C. 643). (ll) The prohibition against embezzlement of the money or ì property of another person that is in the possession of an ì employee by reason of his employment (18 U.S.C. 654). Effective Date Note: At 57 FR 35041, Aug. 7, 1992 part ì 2635 was revised, effective February 3, 1993. For the convenience ì of the reader, the text remaining in effect until February 3, ì 1993 is set forth below. Pt. 2635, Note PART 2635 -- PRINCIPLES OF ETHICAL CONDUCT 2635.101 Continuation of executive agency gifts regulations, ì including exceptions. ≡7É3 è Existing executive branch agency gifts regulations issued ì pursuant to or based on 5 CFR 735.202, including exceptions to ì restrictions governing gifts to official superiors and to the ì gift restrictions regarding prohibited sources imposed by ì Executive order, shall remain in effect until superseded by ì further regulations to be issued by the Office of Government ì Ethics pursuant to 5 U.S.C. 7351 and 7353 (as amended and added, ì respectively, by the Ethics Reform Act of 1989, Public Law 101 - ì 194 (November 30, 1989)), as well as Executive Order 12674 and ì the Ethics in Government Act. Provided, however, that executive ì agencies may not issue or amend their existing gifts regulations ì issued under 5 CFR 735.202 subsequent to November 30, 1989. (5 U.S.C. 7351, 7353, appendixes III, IV; E.O. 12674, 54 FR ì 15159) [54 FR 53311, Dec. 28, 1989]