SECTION D. PAY FOR STAFF MEMBERS.
.01 Eligibility. A member of the staff of an advisory committee is entitled to the rate of pay fixed pursuant to law for that official position. Employees whose regular duties include service as a staff member of a committee, or who are detailed temporarily to serve as a committee staff member, are entitled to the pay of their regular (official) positions.
.02 Amount. No committee staff position may be established exclusively for such purpose with a rate of pay exceeding the daily equivalent of the maximum rate for GS-15 unless the Assistant Secretary for Administration determines, under the applicable job classification system, that a higher rate would be appropriate. Such determination must be submitted to and reviewed and reauthorized by the Assistant Secretary annually.
SECTION E. PAY FOR CONSULTANTS TO A COMMITTEE.
The appropriate operating unit Personnel Officer shall fix the pay of a consultant to an advisory committee after giving consideration to the qualifications required of the consultant and to the significance, scope, and technical complexity of the work. The rate of pay shall not exceed the maximum rate of pay which the Department is authorized by law to pay (See DAO 202-304, "Experts, Consultants, and Advisers").
SECTION F. REIMBURSABLE TRAVEL EXPENSES.
The members and staff of a committee will, upon request, be allowed travel expenses while engaged in the performance of their duties away from their homes or regular places of business, including per diem or actual expenses, as authorized by 5 U.S.C. 5701 et. seq. and applicable Federal travel regulations.
SECTION G. GRATUITOUS SERVICES.
Pursuant to the provisions of CMB Circular A-63, nothing in this directive shall prevent an operating unit or Departmental office from accepting the gratuitous services of a member or staff member of a committee. The fact that a member provides gratuitous services does not mean that:
an "employer-employee relationship" will never exist; or that
restrictions, such as the conflict of interest laws, will never apply.
For further discussion of the "employer-employee relationship" and "gratuitous services" see DAO 202-311, "The Power of Appointment and Removal, and Cooperative Service Activities," especially Section 5.
TITLE 18-CRIMES AND CRIMINAL PROCEDURE
§201. Bribery of public officials and witnesses
(a) For the purpose of this section:
"public official" means Member of Con- gress, the Delegate from the District of Co- lumbia, or Resident Commissioner, either before or after he has qualified, or an officer or employee or person acting for or on behalf of the United States, or any department, agency or branch of Government thereof, in- cluding the District of Columbia, in any offi- cial function, under or by authority of any such department, agency, or branch of Gov- ernment, or a juror; and
"person who has been selected to be a public official" means any person who has been nominated or appointed to be a public official, or has been officially informed that he will be so nominated or appointed; and
"official act" means any decision or action on any question, matter, cause, suit, proceed- ing or controversy, which may at any time be pending, or which may by law be brought before any public official, in his official ca- pacity, or in his place of trust or profit.
(b) Whoever, directly or indirectly, corruptly gives, offers or promises anything of value to any public official or person who has been se- lected to be a public official, or offers or prom- ises any public official or any person who has been selected to be a public official to give any- thing of value to any other person or entity, with intent-
(1) to influence any official act; or
to influence such person to absent himself therefrom; or
(e) Whoever, directly or indirectly, corruptly asks, demands, exacts, solicits, seeks, accepts, receives, or agrees to receive anything of value for himself or for any other person or entity in return for being influenced in his testimony under oath or affirmation as a witness upon any such trial, hearing, or other proceeding, or in return for absenting himself therefrom-
Shall be fined not more than $20,000 or three times the monetary equivalent of the thing of value, whichever is greater, or imprisoned for not more than fifteen years, or both, and may be disqualified from holding any office of honor, trust, or profit under the United States.
(f) Whoever, otherwise than as provided by law for the proper discharge of official duty, di- rectly or indirectly gives, offers, or promises anything of value to any public official, former public official, or person selected to be a public official, for or because of any official act per- formed or to be performed by such public offi- cial, former public official, or person selected to be a public official; or
(g) Whoever, being a public official, former public official, or person selected to be a public official, otherwise than as provided by law for the proper discharge of official duty, directly or indirectly asks, demands, exacts, solicits, seeks, accepts, receives, or agrees to receive anything of value for himself for or because of any offi- cial act performed or to be performed by him; or
(2) to influence such public official or person who has been selected to be a public official to commit or aid in committing, or collude in, or allow, any fraud, or make op- portunity for the commission of any fraud, on the United States; or
(3) to induce such public official or such person who has been selected to be a public official to do or omit to do any act in viola- tion of his lawful duty, or
(c) Whoever, being a public official or person selected to be a public official, directly or indi- rectly, corruptly asks, demands, exacts, solicits, seeks, accepts, receives, or agrees to receive any- thing of value for himself or for any other person or entity, in return for:
(1) being influenced in his performance of any official act; or
(2) being influenced to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commis- sion of any fraud on the United States; or
(3) being induced to do or omit to do any act in violation of his official duty; or
(d) Whoever, directly or indirectly, corruptly gives, offers, or promises anything of value to any person, or offers or promises such person to give anything of value to any other person or entity, with intent to influence the testimony under oath or affirmation of such first-men- tioned person as a witness upon a trial, hearing, or other proceeding, before any court, any com- mittee of either House or both Houses of Con- gress, or any agency, commission, or officer au- thorized by the laws of the United States to hear evidence or take testimony, or with intent
(h) Whoever, directly or indirectly, gives, offers, or promises anything of value to any person, for or because of the testimony under oath or affirmation given or to be given by such person as a witness upon a trial, hearing, or other proceeding, before any court, any com- mittee of either House or both Houses of Con- gress, or any agency, commission, or officer au- thorized by the laws of the United States to hear evidence or take testimony, or for or be- cause of his absence therefrom; or
(1) Whoever, directly or indirectly, asks, de- mands, exacts, solicits, seeks, accepts, receives, or agrees to receive anything of value for him- self for or because of the testimony under oath or affirmation given or to be given by him as a witness upon any such trial, hearing, or other proceeding, or for or because of his absence therefrom-
Shall be fined not more than $10,000 or im- prisoned for not more than two years, or both.
(j) Subsections (d), (e), (h), and (i) shall not be construed to prohibit the payment or receipt of witness fees provided by law, or the pay- ment, by the party upon whose behalf a witness is called and receipt by a witness, of the reason- able cost of travel and subsistence incurred and the reasonable value of time lost in attendance at any such trial, hearing, or proceeding, or in the case of expert witnesses, involving a techni- cal or professional opinion, a reasonable fee for time spent in the preparation of such opinion, and in appearing and testifying.
(k) The offenses and penalties prescribed in this section are separate from and in addition to those prescribed in sections 1503, 1504, and 1505 of this title.
TITLE 18-CRIMES AND CRIMINAL PROCEDURE
(Added Pub. L. 87-849, § 1(a), Oct. 23, 1962, 76 Stat. 1119, and amended Pub. L. 91-405, title II, § 204(d)(1), Sept. 22, 1970, 84 Stat. 853.)
A prior section 201, act June 25, 1948, ch. 645, 62 Stat. 691, which prescribed penalties for anyone who offered or gave anything of value to an officer or other person to influence his decisions, was eliminated in the general amendment of this chapter by Pub. L. 87-849, and is substantially covered by revised section 201.
were contained in former sections 201 to 213 of this Provisions similar to those comprising this section title, prior to the general amendment of this chapter by Pub. L. 87-849.
1970-Subsec. (a). Pub. L. 91-405 included Delegate from District of Columbia in definition of "public offi- cial".
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91-405 effective on Sept. 22, 1970, see section 206(b) of Pub. L. 91-405, summarized in a note set out under section 25 of Title 2, The Con- gress.
Section 4 of Pub. L. 87-849 provided that: "This Act [adding sections 201 to 209, and 218 of this title, rede- signating sections 214, 215, 217 to 222 as 210, 211, 212 to 217 of this title respectively, repealing sections 223, 282, 284, 434, and 1914 of this title, and section 99 of Title 5, Executive Departments and Government Offi- cers and Employees, and enacting provisions set out as notes under section 281 and 282 of this title] shall take effect ninety days after the date of its [Oct. 23, 1962]".
and responsibilities of their employees. For example, it may be appropriate to provide exceptions (1) gov- erning obvious family or personal relationships where the circumstances make it clear that it is those rela- tionships rather than the business of the persons con- cerned 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 atten- dance; or (3) permitting acceptance of loans from banks or other financial institutions on customary terms to finance proper and usual activities of employ- ees, such as home mortgage loans. This section shall be effective upon issuance of such regulations. cobr (c) It is the intent of this section that employees avoid any action, whether or not specifically prohibit- ed 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. O
SEC. 202. An employee shall not engage in any out- side employment, including teaching, lecturing, or writing, which might result in a conflict, or an appar- ent conflict, between the private interests of the em- ployee and his official government duties and respon- sibilities, although such teaching, lecturing, and writ- ing 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 ob- served.
Ex. ORD. No. 11222. STANDARDS OF ETHICAL CONDUCT
FOR GOVERNMENT OFFICERS AND EMPLOYEES
Ex. Ord. No. 11222, May 8, 1965, 30 F.R. 6469, as amended by Ex. Ord. No. 11590, Apr. 23, 1971, 36 F.R. 7831, provided:
By virtue of the authority vested in me by Section 301 of Title 3 of the United States Code, and as Presi- dent of the United States, it is hereby ordered as fol- lows:
SECTION 101. Where government is based on the con- sent of the governed, every citizen is entitled to have complete confidence in the integrity of his govern- ment. 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 regula- tions issued pursuant to subsection (b) of this section, no employee shall solicit or accept, directly or indirect- ly, 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 regu- lated by his agency; or
(3) has interests which may be substantially affected by the performance or nonperformance of his official duty.
(b) Agency heads are authorized to issue regulations, coordinated and approved by the Civil Service Com- mission, 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
SEC. 203. Employees may not (a) have direct or indi- rect financial interests that conflict substantially, or appear to conflict substantially, with their responsibil- ities 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 restric- : tions, employees are free to engage in lawful financial transactions to the same extent as private citizens. Agencies may, however, further restrict such transac- tions in the light of the special circumstances of their individual missions.
SEC. 204. An employee shall not use Federal proper- ty of any kind for other than officially approved ac- tivities. 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 infor- mation not made available to the general public.
SEC. 206. An employee is expected to meet all just fi- nancial 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 Govern- ment 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 Gov- ernment employee must refrain from any use of his public office which is motivated by, or gives the ap- pearance of being motivated by, the desire for private gain for himself or other persons, including particular- ly those with whom he has family, business, or finan- cial ties.
SEC. 303. A consultant, adviser, or other special Gov- ernment employee shall not use any inside informa-
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