(ii) No official support or endorsement by the Department is intended or should be inferred.

(d) Speaking, teaching, or writing. (1) Either for or without compensation, the employee may not engage in making speeches, teaching, or writing that is dependent on information obtained as a result of his or her Government employment, unless

(i) The Government has made the information available to the general public or will make it available on request; or

(ii) The employee receives written approval from an authorized Department official for the use of the information on the basis that the use is in the public interest.

(2) The prohibition in paragraph (d)(1) of this section includes lecturing or writing for the purpose of special preparation of a person or class of persons for an examination of the Office of Personnel Management or the Board of Examiners for the Foreign Service.

(e) Certain Presidential appointees. An employee who is a Presidential appointee covered by section 401(a) of E.O. 11222 may not receive compensation or anything of monetary value for any consultation, lecture, discussion, writing, or appearance if the subject of this activity

(1) Is devoted substantially to the responsibilities, programs, or operations of the Department; or

(2) Draws substantially on official data or ideas that have not become public information.

(f) Monetary limitations. (1)(i) An employee may not accept an honorarium in excess of $2,000 for any appearance, speech, or article.

(ii) The maximum amount permissible under paragraph (f)(1)(i) of this section does not include amounts the employee may accept for actual travel and subsistence expenses for the employee and his or her spouse or aide.

(iii) Any honorarium, or any part thereof, paid by or on behalf of the employee to a charitable organization is deemed not to be accepted for purposes of paragraph (f)(1)(i) of this section.

(2)(i) An employee compensated at a pay grade of GS-16 or above who occu

pies a full-time PAS position, as defined in paragraph (f)(2)(ii) of this section, may not in any calendar year have outside earned income attributable to that calendar year in excess of 15 percent of the employee's salary.

(ii) As used in paragraph (f)(2)(i) of this section, PAS position means a position that is required to be filled by Presidential appointment by and with the advice and consent of the Senate.

(g) Updates. If an employee wishes to renew approval of outside employment or other outside activity, the employee must file an annual update for approval by the principal officer in accordance with applicable procedures of the Department.

(Authority: 2 U.S.C. 441i, 5 CFR 735.203, 734.501)

Subpart D-Specific Prohibitions

§ 73.30 Criminal conflict of interest prohibitions.

An employee who violates any of the following prohibitions contained in the Federal criminal code is subject to punishment by fine, imprisonment, or both and to penalties for violating the standards in this section:

(a) Compensation in matters affecting the Government. (1) Except as provided by law for the proper discharge of official duties, an employee may not receive or agree to receive directly or indirectly compensation for any service rendered or to be rendered by the employee or another person in relation to any proceeding in which the Government is a party or has a direct and substantial interest.

(2) As used in paragraph (a)(1) of this section

(i) The word receive also means to ask, demand, solicit, or seek; and

(ii) The word proceeding also means application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter before any department, agency, court-martial, or officer or any civil, military, or naval commission.

(Authority: 18 U.S.C. 203)

(b) Claims against or matters affecting the Government. (1) Except as pro

vided by law for the proper discharge of official duties, an employee may not

(i) Act as an agent or attorney for prosecuting any claim against the United States; or

(ii) Act as an agent or attorney for anyone before any department, agency, court, court-martial, officer, or any civil, military, or naval commission in connection with any proceeding in which the United States is a party or has a direct and substantial interest.

(2) As used in paragraph (b)(1) of this section

(i) The words prosecuting any claim also mean receiving any gratuity-or any share of or interest-in a claim for assisting in its prosecution; and

(ii) The word proceeding also means application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter.

(Authority: 18 U.S.C, 205)

(c) Special Government employee. (1) A special Government employee is subject to the prohibitions in paragraphs (a) and (b) of this section only in relation to a particular matter involving a specific party or parties

(i) In which the employee has at any time participated personally and substantially as a Government employee or as a special Government employee, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise; or

(ii) That is pending in the Department.

(2) Paragraph (c)(1)(ii) of this section does not apply to a special Government employee who has served in the Department no more than 60 days during the immediately preceding period of 365 consecutive days.

(Authority: 18 U.S.C. 203, 205)

(d) Permissible activities. Notwithstanding the prohibitions in paragraphs (a)-(c) of this section, an employee may

(1) If not inconsistent with the faithful discharge of the employee's duties, act without compensation as agent or attorney for any person who is the subject of a disciplinary, loyalty, or other personnel administration pro

ceeding-including an equal employment opportunity complaint-in connection with that proceeding;

(2) With the approval of the Government official responsible for the employee's appointment to his or her position, act, with or without compensation, as agent or attorney for the employee's parents, spouse, child, or any person for whom, or for any estate for which, the employee is serving as guardian, executor, administrator, trustee, or other personal fiduciary, except in those matters

(i) In which the employee has participated personally and substantially as a Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise; or

(ii) That are the subject of the employee's official responsibility.

(3) Give testimony under oath or make statements required to be made under penalty for perjury or contempt, and

(4) In the case of a special Government employee, act as agent or attorney for another person in the performance of work under a grant by or a contract with, or for the benefit of, the Government, if the head of the agency concerned with the grant or contract certifies in the FEDERAL REGISTER that the national interest requires this.

(Authority: 18 U.S.C. 203, 205)

(e) Disqualification of former employees. (1)(i)(A) A former employee may not represent any other person before the Government with respect to a particular matter involving a specific party or parties in which the employee was personally and substantially involved in his or her Government service.

(B) The prohibition in paragraph (e)(1)(i)(A) of this section is a permanent bar for the former employee.

(ii)(A) A former employee may not represent any other person before the Government on a particular matter involving a specific party or parties that was actually pending under the employee's official area of responsibility during the last year of that responsibility.

(B) The prohibition in paragraph (e)(1)(ii)(A) of this section applies for two years after leaving the responsibility described therein.

(2) Subject to the exemptions in 18 U.S.C. 207, a former senior employeefor one year after leaving the senior employee position-may not appear before or communicate to the Department on behalf of anyone in an attempt to influence a particular matter pending before the Department or in which the Department has a direct and substantial interest.

(3)(i) A former senior employee may not assist by personal presence in representing any other person in connection with a particular matter

(A) Involving a specific party or parties;

(B) In which the United States has a direct or substantial interest; and

(C) In which the senior employee participated personally and substantially.

(ii) The prohibition in paragraph (e)(3)(i) of this section applies for two years after leaving the senior employee position.

(4) These restrictions are further defined by regulation (5 CFR part 737). (Authority: 18 U.S.C. 207)

(f) Acts affecting a personal financial interest. (1) An employee may not participate personally and substantially in a particular matter in which-to the employee's knowledge-the employee, the employee's spouse, minor child, or partner, or a profit or nonprofit enterprise in which the employee is serving as an officer, director, trustee, partner, or employee-or any person or enterprise with which the employee is negotiating or has an arrangement concerning prospective employment-has a financial interest.

(2) If a financial interest arises from ownership by the employee-or other person or enterprise referred to in paragraph (f)(1) of this section-of stock in a widely diversified mutual fund or other regulated investment company that in turn owns stock in another enterprise, that financial interest is exempt from the prohibition in paragraph (f)(1) of this section.

(3) The Secretary may grant an exemption to the prohibition in para

(a) General prohibitions. (1) An employee may not use official authority or influence to interfere with or affect the result of an election.

(2)(i) A covered employee may not take an active part in partisan political management or in partisan political campaigns, except as provided in paragraph (d) of this section.

(ii) For purposes of this section, the term covered employee includes every employee-including competitive and excepted service and Schedule C em ployees-except an employee who

(A) Is appointed by the President by and with the advice and consent of the Senate; and

(B) Determines policies to be pur sued by the United States in the nationwide administration of Federal laws.

(iii) A special Government employee is subject to the restriction in paragraph (a)(2)(i) of this section only when the employee is in active duty status and for the entire 24 hours of any day when in that status.

(3) The penalties for violation of this section include suspension without pay for a minimum of 30 days and removal.

(b) Prohibited activities. Types of activities prohibited by paragraph (a)(2)(i) of this section include, but are not restricted to, the following:

(1)(i) Being a candidate or campaigning for or against a candidate in a partisan election.

(ii) As used in this section, partisan election means an election for public office in which any candidate is run

ning as a representative of a political party whose candidate for President of the United States received electoral votes in the last Presidential election.

(2) Making a campaign speech or engaging in a campaign activity in a partisan election.

(3) Collecting contributions for a political party or candidate or selling tickets to political fund-raising functions.

(4) Holding office in political clubs. (c) Permissible activities. Types of activities not prohibited by paragraph (a)(2)(i) of this section include, but are not restricted to, the following:

(1) Registering and voting—including voting in a party primary or caucus—and signing nominating petitions.

(2) Expressing opinions about candidates and issues.

(3) Attending political rallies and meetings or political fund-raising functions.

(4) Contributing money to political organizations.

(5) Participating in the nonpartisan activities of a civic, community, social, labor, or professional organization, or of a similar organization.

(6) Being a member of a political party or other political organization.

(7) Taking an active part as a candidate or in support of a candidate in a nonpartisan election.

(d) Partial exemption in designated communities. An employee living in a community designated by OPM may participate-as, or on behalf of, an independent candidate-in political management and political campaigns in a partisan election involving that community, so long as that participation does not result in neglect of or interference with the performance of the employee's duties or create a conflict, or apparent conflict, of interests.

(Authority: 5 U.S.C. Chapter 73; 5 CFR part 733)

§ 73.32 Conduct related to drugs.

(a) An employee may not use an illegal drug or participate in illegal drug activities.

(b)(1) As used in this section, the term illegal drug means a controlled substance

§ 73.33 Use of Government property.

(a)(1) An employee may not directly or indirectly use, or allow the use of, Government property of any kind-including property leased to the Government-for other than an officially approved activity.

(2) The employee shall follow departmental directives prohibiting the unauthorized use of Government property for personal purposes.

(b) The employee shall protect and conserve Government property, including equipment, supplies, and other property entrusted or issued to the employee.

(c) As used in this section, property includes, but is not restricted to, telephones, office supplies, copying machines and other office equipment, official identification and credit cards, official stationery and envelopes, secretarial support, and vehicles.

(Authority: 5 CFR 735.205)

§ 73.34 Gambling, betting, and lotteries.

(a) While on Government-owned or Government-leased property or while on duty for the Government, an employee may not participate in any gambling activity.

(b) As used in paragraph (a) of this section, gambling activity includes, but is not restricted to, operating a gambling device, conducting a lottery or pool, participating in a game for money or property, and selling or purchasing a numbers slip or ticket. (Authority: 5 CFR 735.208)

873.35

Misuse of information.

(a) For the purpose of furthering a private interest, an employee may not use or allow the use of official information that the employee has obtained through or in connection with his or her Government employment, unless the Government has made the information available to the general public or will make it available on request.

(b) Subject to 5 CFR 1250.3 (protecting particular "whistleblowing" activities) and 5 U.S.C. 7211, the employee shall comply with the Department's established procedures governing the release of official information to the press, the Congress, or the public, including referral of requests for documents or other materials to the Department's Freedom of Information Act Officer under 34 CFR part 5. (Authority: 5 CFR 735.206)

§ 73.36 Indebtedness.

(a)(1) An employee's indebtedness is primarily a matter of the employee's

own concern.

(2) The Secretary does not determine the validity or amount of an employee's contested debts or act as a collection agent for those debts.

(b) In the absence of good reason, an employee is responsible, in a proper and timely manner, for—

(1) Honoring debts acknowledged by him or her to be valid or reduced to judgment by a court; and

(2) Making and adhering to satisfactory arrangements for the settlement of those debts.

(c) An employee shall meet his or her responsibilities for paying Federal, State, and local taxes and debts.

(Authority: 5 CFR 735.207)

(e) The habitual use of intoxicating beverages to excess (5 U.S.C. 7352). (f) The misuse of a Government vehicle (31 U.S.C. 1349).

(g) The misuse of penalty mail or the franking privilege (18 U.S.C. 1719). (h) The use of deceit in an examination or personnel action in connection with Government employment (18 U.S.C. 1917).

(i) Fraud or false statements in a Government matter (18 U.S.C. 10011030).

(j) Mutilating or destroying a public record (18 U.S.C. 2071).

(k) Counterfeiting or forging transportation requests (18 U.S.C. 508).

(1)(1) Embezzlement of Government money or property (18 U.S.C. 641);

(2) Failing to account for public money (18 U.S.C. 643); and

(3) Embezzlement of another person's money or property in the possession of an employee by reason of his or her employment (18 U.S.C. 654).

(m) Unauthorized use of documents relating to claims by or against the Government (18 U.S.C. 285).

(n) Proscribed political activities (Subchapter III of Chapter 73, 5 U.S.C. and 18 U.S.C. 602, 603, and 607).

(0) Acting as the agent of a foreign principal under the Foreign Agents Registration Act (18 U.S.C. 219).

(p) Engaging in riots and civil disorders (5 U.S.C. 7313).

(q) Arbitrarily or capriciously withholding information requested under the Freedom of Information Act (5 U.S.C. 552(a)(4)(F)).

(r) Willfully violating the Privacy Act of 1974 (5 U.S.C. 552a(i)).

(s) Discrimination on the basis of race, color, national origin, sex, religion, age, or handicapping condition (42 U.S.C. 2000d-2000d-4; 42 U.S.C. 6101; 20 U.S.C. 1681; 29 U.S.C. 791, 793, 794; 42 U.S.C. 2000e).

(Authority: 5 CFR 735.104, 735.306)