nel, see section 3188 of Title 42, The Public Health and Welfare.

Renegotiation of war and defense contracts, persons
authorized to prosecute claims, see section 1191 of
Title 50, App., War and National Defense.

Surplus property, disposal of, restriction on practice
by former government officers and employees and
commissioned officers, see section 471 et seq. of Title
40, Public Buildings, Property, and Works.

Wartime suspension of limitations, see section 3287
of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14, 202 of this
title; title 5 section 3374; title 12 section 1457; title 25
section 4501; title 30 section 663; title 38 section 3402;
title 40 App. section 108; title 42 sections 246, 3188.
§ 208. Acts affecting a personal financial interest

(a) Except as permitted by subsection (b)
hereof, whoever, being an officer or employee
of the executive branch of the United States
Government, of any independent agency of the
United States, or of the District of Columbia,
including a special Government employee, par-
ticipates personally and substantially as a Gov-
ernment officer or employee, through decision,
approval, disapproval, recommendation, the
rendering of advice, investigation, or otherwise,
in a judicial or other preceeding, application,
request for a ruling or other determination,
contract, claim, controversy, charge, accusation,
arrest, or other particular matter in which, to
his knowledge, he, his spouse, minor child, part-
ner, organization in which he is serving as offi-
cer, director, trustee, partner or employee, or
any person or organization with whom he is ne-
gotiating or has any arrangement concerning

were contained in section 434 of this title prior to the
repeal of such section and the general amendment of
this chapter by Pub. L. 87-849.

EFFECTIVE DATE

Section effective 90 days after Oct. 23, 1962, see sec-
tion 4 of Pub. L. 87-849, set out as an Effective Date
note under section 201 of this title.

DELEGATION OF AUTHORITY

Authority of the President under subsec. (b) of this
section delegated to department or agency heads, see
Part V of Ex. Ord. No. 11222, May 8, 1965, 30 F.R.
6469, set out as a note under section 201 of this title.

CANAL ZONE

Applicability of section to Canal Zone, see section 14
of this title.

CROSS REFERENCES

Definitions, see section 202 of this title.

Department of Health, Education and Welfare, ap-
plicability of this section to State personnel assigned
to, see section 246 of Title 42, The Public Health and
Welfare.

Mail contracts, conflict of interest, see section 440 of
this title.

Memorandum of Attorney General regarding con-
flict of interest provisions, see note under section 201
of this title.

Purchase of certain claims against United States for-
bidden, see section 291 of this title.

Regional Action Planning Commissions, applicabil-
ity of this section to Federal cochairman and person-
nel, see section 3188 of Title 42, The Public Health
and Welfare.

Salary of government officials and employees pay-
able only by the United States, see section 209 of this
title.

Page 1037

TITLE 18-CRIMES AND CRIMINAL PROCEDURE

8 210

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14, 202 of this
title; title 5 section 3374; title 12 section 1457; title 15
section 763; title 40 App. section 108; title 42 sections
246, 3188.

SECTION REFERRED TO IN D.C. CODE

This section is referred to in section 1-828 of the
District of Columbia Code.

§ 209. Salary of Government officials and employees
payable only by United States

(a) Whoever receives any salary, or any con-
tribution to or supplementation of salary, as
compensation for his services as an officer or
employee of the executive branch of the United
States Government, of any independent agency
of the United States, or of the District of Co-
lumbia, from any source other than the Gov-
ernment of the United States, except as may be
contributed out of the treasury of any State,
county, or municipality; or

Whoever, whether an individual, partnership,
association, corporation, or other organization
pays, or makes any contribution to, or in any
way supplements the salary of, any such officer
or employee under circumstances which would
make its receipt a violation of this subsection-
Shall be fined not more than $5,000 or impris-
oned not more than one year, or both.

(b) Nothing herein prevents an officer or em-
ployee of the executive branch of the United
States Government, or of any independent
agency of the United States, or of the District
of Columbia, from continuing to participate in
a bona fide pension, retirement, group life,

repeal of such section and the general amendment of
this chapter by Pub. L. 87-849.

EFFECTIVE DATE

Section effective 90 days after Oct. 23, 1962, see sec-
tion 4 of Pub. L. 87-849, set out as an Effective Date
note under section 201 of this title.

CANAL ZONE

Applicability of section to Canal Zone, see section 14 of this title.

CROSS REFERENCES

Acceptance of contributions, awards and other pay-
ments incident to training without regard to this sec-
tion, see section 4111 of Title 5, Government Organiza-
tion and Employees.

Definitions, see section 202 of this title.

Department of Agriculture officials and employees
not subject to this section, see section 2220 of Title 7,
Agriculture.

Department of Health, Education, and Welfare, ap-
plicability of this section to State personnel assigned
to, see section 246 of Title 42, The Public Health and
Welfare.

Doctors, hospitals, etc., performing services in con-
nection with benefits under Railroad Unemployment
Insurance Act exempt from this section, see section
362 of Title 45, Railroads.

Forest Service officials and employees not subject to
this section, see section 2220 of Title 7, Agriculture.
Immigration officials, section not to prevent receipt
of reimbursements for services incident to inspection
of aliens in foreign contiguous territory, see section
1353c of Title 8, Aliens and Nationality.

International organizations, payment of employees
detailed to without regard to this section, see section
3343 of Title 5, Government Organization and Em-
ployees.

Memorandum of Attorney General regarding con

Executive Order 11222

PRESCRIBING STANDARDS OF ETHICAL CONDUCT FOR GOVERNMENT OFFICERS AND EMPLOYEES

By virtue of the authority vested in me by Section 301 of Title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows:

PART I-POLICY

SECTION 101. Where government is based on the consent of the governed, every citizen is entitled to have complete confidence in the integrity of his government. Each individual officer, employee, or adviser of government must help to earn and must honor that trust by his own integrity and conduct in all official actions.

PART II-STANDARDS OF CONDUCT

SECTION 201. (a) Except in accordance with regulations issued pursuant to subsection (b) of this section, no employee shall solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan, or any other thing of monetary value, from any person, corporation, or group which

(1) has, or is seeking to obtain, contractual or other business or financial relationships with his agency;

(2) conducts operations or activities which are regulated by his agency; or

(3) has interests which may be substantially affected by the performance or non performance of his official duty.

(b) Agency heads are authorized to issue regulations, coordinated and approved by the Civil Service Commission, implementing the provisions of subsection (a) of this section and to provide for such exceptions therein as may be necessary and appropriate in view of the nature of their agency's work and the duties and responsibilities of their employees. For example, it may be appropriate to provide exceptions (1) governing obvious family or personal relationships where the circumstances make it clear that it is those relationships rather than the business of the persons concerned which are the motivating factors the clearest illustration being the parents, children or spouses of federal employees; (2) permitting acceptance of food and refreshments available in the ordinary course of a luncheon or dinner or other meeting or on inspection tours where an employee may properly be in attendance; or (3) permitting acceptance of loans from banks or other financial institutions on customary terms to finance proper and usual activities of employees, such as home mortgage loans. This section shall be effective upon issuance of such regulations.

(c) It is the intent of this section that employees avoid any action, whether or not specifically prohibited by subsection (a), 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 impartiality 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.

SEC. 202. An employee shall not engage in any outside employment, including teaching, lecturing, or writing, which might result in a conflict, or an apparent conflict, between the private interests of the employee and his official government duties and responsibilities, although such teaching, lecturing, and writing by employees are generally to be encouraged so long as the laws, the provisions of this order, and Civil Service Commission and agency regulations covering conflict of interest and outside employment are observed.

SEC. 203. Employees may not (a) have direct or indirect financial interests that conflict substantially, or appear to conflict substantially, with their responsibilities and duties as Federal employees, or (b) engage in, directly or indirectly, financial transactions as a result of, or primarily relying upon, information obtained through their employment. Aside from these restrictions, employees are free to engage in lawful financial transactions to the same extent as private citizens. Agencies may, however, further restrict such transactions in the light of the special circumstances of their individual missions.

SEC. 204. An employee shall not use Federal property of any kind for other than officially approved activities. He must protect and conserve all Federal property, including equipment and supplies, entrusted or issued to him.

SEC. 205. An employee shall not directly or indirectly make use of, or permit others to make use of, for the purpose of furthering a private interest, official information not made available to the general public.

SEC. 206. An employee is expected to meet all just financial obligations, especially those such as Federal, State, or local taxes-which are imposed by law.

PART III-STANDARDS OF ETHICAL CONDUCT FOR SPECIAL GOVERNMENT

EMPLOYEES

SECTION 301. This part applies to all "special Government employees" as defined in Section 202 of Title 18 of the United States Code, who are employed in the Executive Branch.

SEC. 302. A consultant, adviser or other special Government employee must refrain from any use of his public office which is motivated by, or gives the appearance of being motivated by, the desire for private gain for himself or other persons, including particularly those with whom he has family, business, or financial ties.

SEC. 303. A consultant, adviser, or other special Government employee shall not use any inside information obtained as a result of his government service for private personal gain, either by direct action on his part or by counsel, recommendations or suggestions to others, including particularly those with whom he has family, business, or financial ties.