Page images

In addition to the statutory prohibitions applicable to you, general standards of conduct are made applicable to you by Executive Order No. 11222. The specific restrictions are set forth in 15 C.F.R. Part 0, a copy of which is attached hereto. Generally, the standards, provide:

(1) That you refrain from any use of your public office which is motivated by, or gives the appearance of being motivated by, the desire for private gain;

(2) That you not use any inside information obtained
as a result of your Government service for private
personal gain;

(3) That you not use your position in any way to coerce,
or give the appearance of coercing, another person to
provide any financial benefit to you or persons with
whom you have family, business, or financial ties; and

(4) That you not accept or solicit from persons having business with the agency you are reviewing, anything of value as a gift, gratuity, loan or favor for yourself or persons with whom you have family, business, or financial ties while employed by the Government or in connection with your work with the Government.

Again, the foregoing provisions should not cause you any difficulty or hardship. However, I cannot stress enough the need for your awareness of such provisions and your scrupulous avoidance of any activity which might be construed . as a violation or create the appearance of a violation of the standards of conduct applicable to you.

Should you ever have any questions regarding the application of the statutory provisions or' the regulations promulgated thereunder to a particular situation, please do not hesitate to contact the Counsel's Office at the White House or the Designated Agency Ethics Official at the agency you are reviewing.


Subport A-General Provisions

Sec. 0.735-1 Purpose. 0.735-2 Relation to basic provisions. 0.735-3 Applicability. 0.73S-4 Delinitions.

Sec. 0.735-29 Confidentiality of employees

statements. 0.735-30 Relation of this part to other re.

quirements. 0.735-31 Special Government employecs.

Subpart 1 - Supplementory Regulations 0.735-32 Departmental. 0.735-33 Operating unils. 0.735-34 Ellective date of supplementary


Subpan General Policy 0.735-5 General principles. 0.735-6 Slandards required in the Federal

service. 0.735-7 Special re irements of the Dc.


and intereses.
Subpart C-Slotutory Limitations Upon

Employ•• Conduct
0.735-9 Employee responsibilities.
Subpart DRegulatory Limitations Upon

Employ•• Condud 0.735-10 Administrative extension of statu.

tory limitations 0.735-10a Proscribed actions. 0.735-11 Girls, entertainment, and favors. 0.735-12 Outside employment or other ac.

tivity. 0.735-13 Financial interests. 0.735-14 Use of Government time or prop

erty. 0.735-15 Misuse of employment or insor.

mation 0.735-16 Indebtedness. 0.735-17 Gambling. betting, and lotteries. 0.735-18 General conduci prejudicial Lo

the Government 0.735-19 Reporting undue in Nuence to su.


Subpart G-Admininstration 0.735-35 Responsibilities of employees. 0.735-36 Responsib.lities of operating

unils... 0.735-37 Procedure. 0.735-38 Availability for counseling. 0.735-39 Authorizalions. 0.735-40 Disciplinary and other remedial

action 0.735-41 Inquiries and exceplions. APPENDIX A-STATUTES GOVERNING CONDUCT






AUTHORITY. EO. 11222 of May 8, 1965. 30 FR 6469. 3 CFR, 1965 Supp.; S CFR 735.104.

SOURCE 32 FR 15222. Nov. 2, 1967, unless otherwise noted.

Subpart A-General Provisions

Subpart E-Statements of Employment and

Financial Interests 0.735-20 General provisions. 0.735-21 Form and content ol statements. 0.735-22 Employees required to submit

statements. 0.735-22a Employee's complaint on filing

requirement 0.735-23 Employer, not required to submit

statements. 0.735-24 Time and place for submission of

original statements.. 0.735-25 Supplementary statements. 0.735-26 Interests of employees' relatives. 0.735-27 Information not known by em:

ployees. 0.735-28 Information not required.

$0.735-1 Purpose.

The purpose of this part is, to set forth Department of Commerce policy and procedure relating to employee re. sponsibilities and conduct. 90.735-2 Relation lo basic provisions.

(a) This part implements the following:

(1) The provisions of law cited in this part:

(2) Executive Order 11222 of May 8, 1965 (3 CFR. 1965 Supp. p. 130);

(3) Part 735 of the Civil Service reg. ulations (5 CFT. 735.101-735.412, inclu. sive).

(b) This part prescribe additional standards of ethical and other conduct

This is an attachment to the June 14, 1982, memorandum from Fred Fielding to Executive Committee members.

and reporting requirements deemed tive days, lemporary duties on ellher i appropriate in the light or the particu. full time or intermittent basis. lar functions and activities or this De (c) "Personnel orlicer" means a per: partment

sonnel ollicial lo whom the power of

appointment is redelegaled under Ad. $ 0.735-3 Applicability.

ministrative Order 202-250. This part applies io all persons In (d) “Operating unil" means, Sor pur. cluded within the term "employee" as poses of this part, primary and condefined in 10.7354, except as other. stituent operating unils designated as wise provided in this pasto

such in the Department Order Series

of the Department of Commerce and. $0.7354 Definitions

in addition, the Office of the SecreFor purposes of this part, except as tary. otherwise indicated in this pasti

(e) “Head of an operating unit," for (&) "Employce":

the purposes of this part, includes the (1) Shall include:

Assistant Secretary for Administration (1) Every officer and employee of the with respect to the performance of Department of Commerce (regardless functions under this part for the of location), including commissioned

Office of the Secretary. officers of the Environmental Science Services Administration; and

Subpart BGeneral Policy (II) Every other person who is retalned, designated, appointed, or em. ployed by a Federal officer or employ.

80.735-5 General principles ee, who is engaged in the performance Apart from statute, there are certain of a function of the Department under principles of fair dealing which have authority of law or an Executive acte the force of law and which are applica. and who is subject to the supervision ble to all officers of the Government of a Federal officer or employee while A public office is a public trust. No engaged in the performance of the public officer can lawfully engage in duties of his position not only as to business activities which are Incom. what he does but also as to how he

patible with the duties of his office. performs his duties, regardless of

He cannot, in his private or official whether the relationship to the De

character, enter into engagements la partment is created by .assignment,

which he has, or can have, & condicho detall, contract, agreement or other.

ing personal interest. He cannot allow wise (2) Shall not include:

his public duties to be neglected by

reason of attention to his private af. (1) Members of the Executive Re

fairs. Such connicts of interest are not serve except when they are serving as employees of the Department under

tolerated in the case of any private flthe circumstances described in para

duciary. and they are doubly pro graph (&)(1) of this section; ·

scribed for & public trustee. (40 Ops (U) Members of crews of vessels

Atty. Gen. 187, 190.) owned or chartered to the Govern.

$ 0.735–6 Standards required in the Feder. ment and operated by or for the Mario

al service time Administration under a General Agency Agreement; or

5 CFR 735.101 states: “The mainte (ill) Any other person who is deter nance of unusually' high standards of mined legally not to be an officer or honesty, integrity, impartiality. and employee of the United States.

conduct by Government employees (b) "Special Government employee" and special Government employees is shall mean an employee as defined in essential to assure the proper performaparagraph (a) of this section who is re ance of the Government business and tained, designated, appointed, or em the maintenance of confidence by citi. ployed to perform with or without

zens in their Government." compensation, for not to exceed 130 days during any period of 365 consecu.

Subpart D-Regulatory Limitations

Upon Employee Conduct.

80.735–7 Special requirements of the De

partment The close and sensitive relationship between the Department of Commerce and the Nation's business community calls for special vigilance on the part of all officers and employees to avoid even any appearance of impropriety. The regulations set forth in this part have been adopted in order to promote the efficiency of the service in the Ught of the particular ethical and ad. ministrative problems arising out of the work of the Department

80.735–8 Limitations on privale activities

and interests It is the policy of the Department to place as few limitations as possible oa private activities or interests consist. ent with the public trust and the el. fective performance of the official business of the Department. There is no general statutory or regulatory lim. itation on the conduct of private activities for compensation by officers or employees of the Department, when the private activity is not connected with any interest of the Government When the private activity does not touch upon some interest, it may be conducted if it falls outside applicable statutory limitations and regulatory Holtations.

$ 0.735–10 Administrative extension of

slatutory limillions. The provisions of the statutes identi. fied in this part which relate to the ethical and other conduct of Federal employees are adopted and will be en. forced as administrative regulations, violations of which may in appropriate cases be the basis for disciplinary action, including removal. The fact that a statute which may relate to em. ployee conduct is not identified in this part does not mean that it may not be the basis for disciplinary action against an employee. $ 0.735-100 Proscribed actions

An employee shall avoid any action, whether or not specifically prohibited by this subpart, which might result in, or create the appearance of:

(a) Osing public office for private gain;

(b) Giving preferential treatment to any person:

(c) Impeding Government efficiency or economy.

(d) Losing complete independence or impartiality,

(e) Making & Government decision outside official channels, or

(Affecting adversely the confi. dence of the public in the integrity of the Government

Subpart C-Statutory limitations

Upon Employee Conduct

: 0.735–9 Employee responsibilities

Each employee and special Govern. ment employee has a positive duty to acquaint himself with the numerous statutes relating to the ethical and other conduct of employees and spe dlal employees of the Department and of the Government Appendix A of this part contains a Ilsting of the more..m. portant statutory provisions of general applicability. In case of doubt on any question of statutory application to fact situations that may arise, the em. ployee should consult the text of the statutes, which will be made available to him by his organization unit, and he should also aval hinsell of the legal counseling provided by this perto

30.735-11 Girls, entertainment,

und faron (&) General limitations Except es provided in paragraphs (b) and (I) of this section, an employee shall not som licit or accept, directly or indirectly. any gilt. Tatuity. favor, entertain. ment, loan, payment of expenses, lee, compensation, or any other thing of monetary value, sor bimsell or 80other person, from a person who:

(1) Bas, or is seeking to obtain, con. tractual or other business or floancial relations with the Department of Commerce;

(2) Conducts operations or activities that are regulated by the Department of Commerce; or


(3) Ilas Interests that may be sub (d) Gires lo superiors. An employee stantially allected by the performance shall not solicit a contribution from or nonpcrformance of the employee's another employee for a girl to an offi. official duty or by actions of the De. cial superior, make a donalion as a gift partment.

to an official superior, or accept a gift (b) Esc.plions. The following excep. from an employee receiving less pay lions are authorized to the limitation than himsell (5 U.S.C. 7351). However, in paragraph (a) of this section:

this paragraph does not prohibit a vol. (1) Acceptance of a gilt, gratuity. untary gift of nominal value or dona. favor, entertainment, loan, payment of tion in a nominal amount made on a expenses, see, compensation, or other special occasion such as marriage, ill. thing of monetary value incident to ness, or retirement. An employee who obvious family or personal relation. violates these requirements shall be ships (such as those between the em. removed from the service. ployee and the parents, children, or (e) Girls from a foreign government spouse of the employee) when the cir.

An employee shall not accept a gift, cumstances make it clear that it is

present, decoration, or other thing those relationships rather than the

from a foreign government unless ac. business of the persons concerned

ceptance is (1) authorized by Congress which are the motivating factors.

as provided by the Constitution and in (2) Acceptance of food and refresh.

Public Law 89-673, 80 Slat. 952, and ments of nominal value on infrequent (2) authorized by the Department of occasions in the ordinary course of a Commerce as provided in Administra. luncheon or dinner meeting or other

tive Order 202-739. meeting or an inspection tour

(1) Reimbursement for travel e. where an employee may properly be in

perses and subsistence Neither this attendance. For the purpose of this

section nor $0.735-12 precludes an emsection, "nominal value" means that

ployee from receipt of bona fide reim. the value of the food or refreshments

bursement, unless prohibited by law, shall not be unreasonably high under

for expenses of travel and such other the circumstances.

necessary subsistence as is compatible (3) Acceptance of loans from banks

with this part for which no Governor other financial institutions on cus

ment payment or reimbursement is tomary terms and on security not in

made. However, this paragraph does consistent with paragraph (a) of this

not allow an employee to be reim. section, to finance proper and usual

bursed, or payment to be made on his activities of employees, such as home

behalf, for excessive personal living mortgage loans. (1) Acceptance of unsolicited adver

expenses, gifts, entertainment, or tising or promotional material, such as

other personal benefits, nor does it pens, pencils, note pads, calendars, and

allow an employee to be reimbursed by . other items of nominal intrinsic value.

a person for travel on official business (5) Acceptance of a gift, gratuity.

under agency orders when reimburse favor, entertainment, loan, payment of

ment is proscribed by Decision B expenses, see, compensation, or other

128527 of the Comptroller General thing of monetary value when such ac

dated March 7, 1967. (Requirements ceptance is determined by the head of

applicable to Department of Comthe operating unit concerned to be

merce employees are set forth in De necessary and appropriate in view of

partment of Commerce Administrative the work of the Department and the

Order 203-9.) duties and responsibilities of the employee. A copy oí each such determi

$ 0.735-12 Outside employment or other nation shall be sent to the counselor

activity. of the Departments

(a) Incompatible outside employ(6) Special Government employees ment or other outside activity. An em. are covered by this sectior: only while ployee shall noi engage in outside em. employed by the Depasiment or in ployment or other outside activity not connection with such employment. compatible (1) with the full and (c) (Reserved)

proper discharge of the duties and re

[blocks in formation]
« PreviousContinue »