Page images
PDF
EPUB

barred from acting as agent or attorney for anyone other than the United States in any matter in which the United States is a party or is interested and in which he participated personally and substantially in a governmental capacity; b. Bars a former Government officer or employee, including a Special Government employee, of an agency, for a period of 1 year after his employment with it has ceased, from appearing perSonally as agent Or attorney for another person before any Court Or agency in connection with a matter in which the Government has an interest, and which was under his official responsibility at the employing agency (e.g., Department of Commerce) at any time within 1 year prior to the end of such responsibility; and c. Prohibits a partner of a person employed by the Government, including a Special Government employee, from acting as agent Or attorney for anyone other than the United States in matters in which the employee participates or has participated perSonally and Substantially for the Government or which are the Subject of his official responsibility. .02 Subparagraphs .01a. and .0lb. of this Section do not prevent a former officer or employee or special Government employee who has outstanding Scientific or technical qualifications from acting as attorney Or agent or appearing personally before the Department of Commerce in connection with a particular matter in a Scientific or technological field if the Assistant Secretary of Commerce for Science and Technology shall make a certification in writing, published in the FEDERAL REGISTER, that the national interest would be Served by Such action or appearance by the former officer or employee.

E. ACTS AFFECTING A PERSONAL FINANCIAL INTEREST

.01 Title 18, U.S.C., section 208 prohibits an officer or employee, including a Special Government employee, from participating personally and Substantially in a governmental capacity in any matter in which, to his knowledge, he, his Spouse, minor child, partner, organization in which he iS Serving as officer, director, trustee, partner, or employee, or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, has a financial interest.

.02 Section 208 does not apply:

a. If the officer or employee first advises the head of the operating unit concerned of the nature and circumstances of the matter involved, makes full disclosure of the financial interest, and receives in advance a Written determination made by such official, with the approval of the appropriate program Secretarial Officer, that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the

179–049 O-98——2

Government may expect from the officer or employee; Or

b. If, by general rule or regulation published in the FEDERAL REGISTER, the financial interest has been exempted from the requirements of section 208 as being too remote or too inconsequential to affect the integrity of Government officers’ or employees’ Services.

F. SALARY OF GOVERNMENT OFFICIALS AND EMPLOYEES

.01 Title 18, U.S.C., section 209, prohibits: a. An officer or employee from receiving any Salary, Or any contribution to or Supplementation of Salary, as Compensation for his services as an officer or employee of the United States from any Source other than the Government of the United States, except aS may be contributed out of the treasury of a State, County, or municipality; and b. Any person or organization from paying, Contributing to, Or Supplementing the Salary of an officer or employee under circumstances which would make its receipt a violation of Subparagraph .01a. Of this section. .02 Section 209: a. Does not prevent, a Government employee from continuing to participate in a bona fide pension or other welfare plan maintained by a former employer; b. Exempts Special Government employees and employees Serving the Government withOut compensation, and grants a corresponding exemption to any OutSide person paying Compensation to Such individuals; and C. Does not prohibit the payment or acceptance of Sums under the terms of the Government Employees Training Act.

G. CODE OF ETHICS FOR GOVERNMENT SERVICE

“Code of Ethics for Government Service,” House Concurrent Resolution 175, 85th Congress, 2d Session, 72 Stat. B12 of July 11, 1958, which reads as follows: “Any Person in Government Service Should: “Put loyalty to the highest moral prinCiples and to Country above loyalty to perSons, party, or Government department. “UPHOLD the Constitution, laws, and legal regulations of the United States and all governments therein and never be a party to their evaSiOn. “GIVE a full day’s labor for a full day’s pay; giving to the performance of his duties his earnest effort and best thought. “SEEK to find and employ more efficient and economical ways of getting tasks accomplished. “NEVER discriminate unfairly by the dispensing of Special favors or privileges to anyOne, whether for remuneration or not; and never accept for himself or his family, favors or benefits under circumstances which might be construed by reasonable persons as influencing the performance of his governmental duties. “MAKE no private promises of any kind binding upon the duties of office, since a Government employee has no private word which can be binding On public duty. “ENGAGE in no business with the Government, either directly Or indirectly, which is inconsistent with the ConScientious performance of his governmental duties. “NEVER use any information coming to him confidentially in the performance of governmental duties as a means for making private profit. “EXPOSE corruption wherever discovered. “UPHOLD these principles, ever conscious that public office is a public trust.” changes in the functions of the Department.)

H. PROHIBITIONS

.01 The prohibition against lobbying with appropriated funds (18 U.S.C. 1913) reads as follows: “No part of the money appropriated by any enactment of Congress Shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal Service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, to favor or oppose, by vote or otherwise, any legislation or appropriation by CongreSS, whether before or after the introduction of any bill or resolution proposing Such legislation or appropriation, but this Shall not prevent OffiCerS or employees of the United States Or of itS departmentS or agencies from communicating to Members of Congress on the request of any Member or to Congress, through the proper Official channels, requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business. “Whoever, being an officer or employee of the United States or of any department or agency thereof, violates Or attempts to violate this Section, shall be fined not more than $500 or imprisoned not more than 1 year, Or both; and after notice and hearing by the Superior officer vested with the power of removing him, shall be removed from of— fice or employment.” .02 The prohibitions against disloyalty and striking (5 U.S.C. 7311, 18 U.S.C. 1918). An individual may not accept or hold a position in the Government of the United States if he: a. Advocates the Overthrow of Our ConStitutional form of government; b. Is a member of an organization that he knows advocates the overthrow of Our ConStitutional form of government; C. Participates in a Strike, Or a SSert.S the right to Strike, against the Government of the United States or the government of the District of Columbia; Or

d. Is a member of an organization of employees of the Government of the United States or of individuals employed by the government of the District of Columbia that he knows asserts the right to strike against the Government of the United States or the government of the District of Columbia. .03 The prohibition against employment of a member of a Communist organization (50 U.S.C. 784). .04 The prohibitions against (a) the disclosure of classified information (18 U.S.C. 798, 50 U.S.C. 788); and (b) the disclosure of confidential information (18 U.S.C. 1905). Each employee who has access to classified information, e.g., Confidential, Secret, or top SeCret, Or to a restricted area is responsible for knowing and for complying strictly with the Security regulations of the Department of Commerce. (See Administrative Order 207–2.) .05 The prohibition against employment in the Competitive civil service of any person who habitually uses intoxicating beverages to excess (5 U.S.C. 7352). .06 The prohibition against the misuse of a Government vehicle (31 U.S.C. 638a.(c)). No employee may willfully use or authorize the use of a Government-owned or Governmentleased passenger motor vehicle or aircraft for other than official purposes. .07 The prohibition against the use of the franking privilege to avoid payment of postage on private mail (18 U.S.C. 1719). .08 The prohibition against the use of deCeit in an examination Or perSonnel action in Connection with Government employment (18 U.S.C. 1917). .09 The prohibition against fraud or false StatementS in a Government matter (18 U.S.C. 1001). An employee in connection with an Official matter shall not knowingly and willfully conceal or cover up a material fact, or falsify official papers or documents. .10 The prohibition against mutilating or destroying a public record (18 U.S.C. 2071). NO enployee may Conceal, remove, mutilate, or destroy Government documentS or records except for the disposition of records in acCordance with law or regulation. .11 The prohibition against counterfeiting and forging transportation requests (18 U.S.C. 508). Falsely making, altering or forging, in whole or in part, any form of transportation request is prohibited. .12 The prohibitions against: a. Embezzlement of Government money or property (18 U.S.C. 641). No employee may convert any Government money or Government property to his own use or the use of another perSon. b. Failure to account for public money (18 U.S.C. 643). Any employee, who, having received public money which he is not authorized to retain, fails to render his accounts for same as provided by law, is guilty of embezzlement.

c. Embezzlement of the money or property of another perSon in the possession of the employee by reason of his employment (18 U.S.C. 654). An employee is prohibited from embezzling or wrongfully converting for his own use the money Or property of another which comes under his control as the result of his employment. .13 The prohibition against unauthorized removal or use of documents relating to Claims from or by the Government (18 U.S.C. 285). No employee, without authority, may remove from the place where it was kept by authority of the United States any document, record, file, or paper intended to be used to procure the payment of money from or by the United States or the allowance or payment of any claim against the United States, regardless of whether the document or paper has already been used Or the claim has already been allowed or paid; and no employee may use Or attempt to use any Such document, record, file, or paper to procure the payment of any money from or by the United States or the allowance or payment of any claim against the United States. .14 The prohibition against proscribed political activities, including the following, annong. OtherS: a. Using official authority or influence for the purpose of interfering with or influencing the result of an election, except as authorized by law (5 U.S.C. 7324); b. Taking an active part in political management or in political Campaigns, except as authorized by law (5 U.S.C. 7324); C. Offering or promising to pay anything of value in Consideration of the use of, or promise to use, any influence to procure any appointive office or place under the United States for any person (18 U.S.C. 210); d. Soliciting or receiving, either as a political contribution or for personal emolument, anything of value in Consideration of a promise of Support or use of influence in obtaining for any person any appointive office or place under the United States (18 U.S.C. 211); e. Using official authority to interfere with a Federal election (18 U.S.C. 595); f. Promising any employment Compensation, or other benefit made possible by Act of Congress in consideration of political activity or support (18 U.S.C. 600); g. Action by a Federal officer or employee to Solicit or receive, or to be in any manner Concerned with Soliciting Or receiving, any contribution for any political purpose whatever from any other Federal officer or employee or from any person receiving Compensation for Services from money derived from the Treasury of the United States (18 U.S.C. 602); h. Soliciting or receiving (by any person) anything of value for any political purpose whatever on any Government premises (18 U.S.C. 603);

i. Soliciting or receiving contributions for political purposes from anyone on Federal relief or work relief (18 U.S.C. 604); j. Payment of a contribution for political purposes by any Federal officer or employee to another Federal officer or employee (18 U.S.C. 607); and k. Payment of a political contribution in exceSS Of Statutory limitations and purchase of goods, Commodities, advertising, or articles the proceeds of which inure to the benefit of certain political candidates or organizations (18 U.S.C. 608). .15 The prohibition against an employee acting as the agent of a foreign principal registered under the Foreign Agents Registration Act (18 U.S.C. 219).

APPENDIX B TO PART 0—POSITION CATEGORIES, GRADE GS-13, AND ABOVE, REQUIRING STATEMENTS OF EMPLOYMENT AND FINANCIAL INTERESTS BY INCUMBENTS

(1) AuditorS. (2) Attorneys other than attorneys engaged in patent examining or trademark examining OperationS. (3) Heads of divisions or comparable organization units, GS-15 or above. (4) Heads of field offices or installations, GS—15 or above. (5) Employees in positions involving a SSigned duties and responsibilities which require the incumbent to make fact-finding determinations or to exercise judgment in recOmmending a decision or an action in regard to: a. Evaluation, appraisal, or Selection of ContractorS or Sub-ContractorS, proSpective contractors or prospective Subcontractors, proposals of Such contractors or Subcontractors, the activities performed by Such contractorS or Subcontractors, Or determination of the extent of Compliance of Such Contractors or Subcontractors with Contract proviSiOnS. b. Negotiation, modification, Or approval of contracts or Subcontracts. c. Evaluation, appraisal, or Selection of prospective project Sites, or locations of work or activities, including real property proposed for acquisition by purchase or Otherwise. d. Inspection and quality assurance of material, products, or component.S for acceptability. e. Review or approval for access permitS. f. Technical planning or design which involves the preparation of Specifications or technical requirementS. g. Negotiation of agreements for cooperation or implementing arrangements with foreign Countries, international Organizations, or non-Federal enterprises. h. Analysis, evaluation, or review of liCense applications.

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][graphic]

§ 1.3 Delegation of authority.

(a) Pursuant to authority vested in the Secretary of Commerce by law, (1) the Chief Administrative Officer of each Operating unit, and (2) the Director, Office of Administrative Services in the Office of the Secretary, are hereby authorized to sign as Certifying Officers Certifications as to the Official nature of copies of correspondence and records from the files, publications and other documents of the Department and to affix the Seal Of the Department of Commerce to Such Certifications or documents for all purposes, including the purpose authorized by 28 U.S.C. 1733(b).

(b) Delegations of authority to perSons other than those named in paragraph (a) of this section may be made by the Assistant Secretary for AdminiStration.

(c) This delegation shall not affect Or prejudice the use of properly authorized office or bureau seals in appropriate CaSeS.

[merged small][merged small][merged small][ocr errors][merged small][merged small][merged small]

§ 2.2 Provisions of law and regulations thereunder.

(a) Section 2672 of Title 28, U.S. Code, as above amended, provides that:

The head of each Federal agency or his des– ignee, in accordance with regulations preScribed by the Attorney General, may conSider, ascertain, adjust, determine, compromise, and settle any claim for money damages against the United States for injury or loss of property or personal injury or death caused by the negligent or wrongful act or Omission of any employee of the agency while acting within the Scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omisSiOn OCCurred: Provided, that any award, COmpromise, or Settlement in excess of $25,000 shall be effected only with the prior written approval of the Attorney General or his designee. Subject to the provisions of this title relating to civil actions on tort claims against the United States, any Such award, Compromise, Settlement, or determination Shall be final and conclusive on all officers of the Government, except when procured by means of fraud. Any award, Compromise, or Settlement in an amount of $2,500 or less made pursuant to this section Shall be paid by the head of the Federal agency Concerned out of appropriations available to that agency. Payment of any award, Compromise, or Settlement in an annount in excess of $2,500 made pursuant to this section or made by the Attorney General in any annount pursuant to Section 2677 of this title Shall be paid in a manner Similar to judgments and compromises in like causes and appropriations or funds available for the payment of Such judgments and compromises are hereby made available for the payment of awards, compromises, or Settlements under this Chapter. The acceptance by the claimant of any such award, compromise, or Settlement shall be final and conclusive on the claimant, and Shall constitute a complete release of any claim against the United States and against the employee of the Government whose act or Omission gave rise to the claim, by reason of the Same Subject matter.

(b) Subsection (a) Section 2675 of Said Title 28 provides that:

An action Shall not be instituted upon a claim against the United States for money damageS for injury or loss of property or perSonal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the Scope of his office or employment, unless the Claimant, shall have first presented the claim

« PreviousContinue »