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Government. Employees are expected may be accepted if no Government to maintain high standards of ethical, payment or reimbursement is made. moral, and other conduct and to avoid However, an employee may not be reany actions which could reflect ad imbursed or payments made for him versely on the Department or the Gov for excessive personal living expenses, ernment service or which would gifts or entertainment or if such reimjeopardize the employee's effective bursement is prohibited by law relatness in dealings with his peers, super- ing to the specific situation in which it visors, and the public.

is offered. An employee who is official(b) Actions to be avoided. An em ly directed to participate in a convenployee shall avoid any action, whether tion, seminar, or similar meeting o or not specifically prohibited by this association on an active duty basis and subpart, which might result in, or

is authorized to receive per diem and create the appearance of:

other travel expenses from the Gov(1) Using public office for private

ernment, shall not accept travel, subgain;

sistence, or payment of other expenses (2) Giving preferential treatment to from the association or outside organiany person;

zation (46 CG 689). (3) Impeding Government efficiency

(c) Exclusions. (1) The prohibitions or economy;

of paragraph (a) of this section do not (4) Losing complete independence or

apply in the context of obvious family impartiality;

or personal relationships, such as (5) Making a Government decision

those between the parents, children, outside official channels; or

or spouse of the employee and the em(6) Affecting adversely the confi

ployee, when the circumstances make dence of the public in the integrity of

it clear that it is those relationships the Government.

rather than the business of the per(41 FR 56101, Dec. 23, 1976, as amended at sons concerned which are the motivat44 FR 4322, Jan. 19, 1979)

ing factors;

(2) An employee may accept food $ 20.735-32 Gifts, entertainment, and and refreshments of nominal value on favors.

infrequent occasions in the ordinary (a) Soliciting or accepting gifts. course of a luncheon or dinner meetExcept as provided in paragraph (c) of ing or other meeting or on an inspecthis section, an employee shall not so tion tour where an employee may licit or accept, directly or indirectly, properly be in attendance; any gift, gratuity, favor, entertain (3) An employee may accept loans ment, loan, or any other thing of mon- from banks or other financial instituetary value, from a person who:

tions on customary terms to finance (1) Has, or is seeking to obtain, con proper and usual activities, such as tractual or other business or financial home mortgage loans; relations with this Department;

(4) An employee may accept unsoli(2) Conducts operations or activities cited advertising or promotional matethat are regulated by this Depart. rial, such as pens, pencils, note pads, ment; or,

calendars, and other items of nominal (3) Has interests that may be sub- value. stantially affected by the performance (d) [Reserved) or non-performance of the employee's (e) Soliciting contributions. An emofficial duty.

ployee shall not solicit a contribution (b) Voluntary donations. Except as from another employee for a gift to an specifically authorized by law, employ official superior, make a donation as a ees are not authorized to accept on gift to an official superior, or accept a behalf of the United States voluntary gift from an employee receiving less donations from private sources for pay than himself (5 U.S.C. 7351). Howtravel expenses in the form of cash, or ever, this paragraph does not prohibit of services in kind, such as hotel ac- a voluntary gift of nominal value or commodations. Bona fide reimburse donation in a nominal amount made ment for actual expenses for travel on a special occasion such as a marand such other necessary subsistence riage, illness, or retirement.

(f) Gifts from foreign government. (c) Preparing persons for examinaAn employee shall not accept a gift, tions. An employee shall not teach, present, decoration, or other thing lecture, or write to prepare a person or from a foreign government unless au- class of persons for an examination thorized by Congress as provided by given by the Civil Service Commission the Constitution and in 5 U.S.C. 7342. or the Board of Examiners for the It is Congressional policy that employ- Foreign Service. ees and their families shall not accept

(d) Officers and officials. The Secreor retain gifts except under the follow

tary, the Under Secretary, Assistant ing circumstances:

Secretaries, heads of bureaus and (1) When the gift is of minimal value

other Department officers, and key and the gift is tendered as a souvenir or mark of courtesy;

full-time officials who report directly (2) When refusal of a gift of more

to the Secretary as his principal assisthan minimal value would be likely to

tants, shall not receive compensation cause offense or embarrassment or

or anything of monetary value for any otherwise adversely affect the foreign

consultation, lecture, discussion, writrelations of the United States it may

ing or appearance the subject of be accepted. However:

which: (i) If gifts of more than minimal (1) Is devoted substantially to the revalue are accepted they shall not be sponsibilities, programs, or operations retained. They must be deposited with of this Department; or the Chief of Protocol, Department of (2) Draws substantially on official State, unless he has authorized the data or ideas which are not part of the Agency to retain the gift for official body of public information. use (22 CFR 3.5).

(ii) If a gift of more than minimal $ 20.735-34 Government property. value is tendered in the form of travel

(a) General responsibility. Employor accommodation expenses, the offer

ees shall be held accountable for Govshould be referred to the Department

ernment property and moneys entrustof State for handling in accordance

ed to their individual use or in connecwith the authorities of that Depart

tion with their official duties. It is ment. (iii) “Minimal value” is defined as a

their responsibility to protect and con

serve Government property and to use retail value that would not exceed $50 in the United States.

it economically and for official pur

poses only. [41 FR 56101, Dec. 23, 1976, as amended at (b) Misuse of Government vehicles. 44 FR 4322, Jan. 19, 1979)

Employees shall not use or authorize

the use of a Government-owned or $ 20.735-33 Teaching, lecturing and writing.

leased motor vehicle for other than of

ficial purposes. (Interior Property (a) General Policy. Employees are

Management Regulations 114-38.50.) encouraged to engage in teaching, lec

(c) Misuse of Government aircraft. turing, or writing that is not prohibit

Employees shall not use or authorize ed by law, the Executive Order, Civil

the use of a Government-owned or Service regulations or the regulations of this part.

leased aircraft for other than official (b) Using information obtained be

purposes. (Interior Property Manage

ment Regulation 114-38.5312). cause of employment. An employee shall not teach, lecture, or write using

$ 20.735-36 Indebtedness. information obtained because of his or her Government employment, except

(a) Employee responsibility. An emwhen that information has been or on

ployee: request

made available to the (1) Should pay each just financial gen

vhen the Secretary obligation (one either acknowledged of

his designee gives by the employee or reduced to judg

on that use of non- ment by a court); pul is in the public in- (2) Must refund salary overpay

ments, travel expense advances, and

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ize the employee to proceed to negoti ate.

(b) Selling or soliciting. Employee and other persons are prohibited fron selling or soliciting for personal gail within any building or on any land occupied or used by the Departmen without proper permission.

(c) Gambling activity. An employe shall not participate while on duty fo the Government in any gambling ac tivity, including the operation of gambling device, conducting a lotter or pool, participating in a game fo money or property, or selling or pur chasing a numbers slip or ticket. How ever, this paragraph does not precludo activities:

(1) Necessitated by the employee': law enforcement duties; or

(2) Carried out by employees to so licit their own members for support o: employee organizations welfart funds under policies and procedures approved by the Department.

(d) Money lending activities. The practice of money lending between or among employees is to be discouraged. Organized financial lending activities by employees, except when officially sponsored by the Department, are prohibited. Properly constituted employee credit unions that provide various financial services to employee members are sanctioned.

(e) Endorsements. Employees are prohibited from endorsing in an official capacity the proprietary products or processes of manufacturers or the services of commercial firms for advertising, publicity, or sales purposes. Use of materials, products, or services by the Department does not constitute official endorsement.

(f) Habitual use of intoxicants. An employee who habitually uses intoxicants to excess is subject to removal (5 U.S.C. 7352). Disciplinary action will be considered if an employee rejects or ignores treatment or other appropriate assistance.

(g) Community and professional activities. Employees are encouraged to participate in the activities of professional societies and civic organizations whose purpose and objectives are not inconsistent with those of the bureau in which they are employed or of the Department. However, such participa

pay income taxes when due so as not to embarrass the Department;

(3) Must pay a final determination of indebtedness for state or local taxes so as to prevent embarrassment to the Department.

(b) Department responsibility. The Department will not act as a collection agency for private debts owed by its employees, except as required by law, nor does the Department, or any bureau or office, determine the validity or amounts of disputed debts.

(c) Access to employees. Whether by telephone or otherwise, creditors or collectors shall not have access to employees on premises occupied by the Department during working hours. If, nevertheless, the employee is approached during working hours, he shall inform the creditor or collector that he is not allowed to transact private business during official hours and that any discussions must be held after hours and away from Department premises.

(d) Disciplinary action. An employee may be subject to removal if his failure to meet just financial obligations becomes chronic or causes an embarrassment to or places undue burden on the Department. A decision to remove an employee for these reasons must be taken with full consideration for any extenuating circumstances over which the employee has no control, such as sickness, accident, or death in the family.

§ 20.735-37 Specific types of conduct.

(a) Negotiations for employment. It is the policy of the Department that employees shall not negotiate for future non-Federal employment with persons or organizations having business with the Department which the employee is called upon to officially render advice on or make judgments about. In the event that an employee desires to negotiate for such employment, he or she shall request permission from his or her supervisor. The supervisor will consult with the appropriate ethics counselor. If the supervisor and the ethics counselor determine that the proposed negotiations will not adversely affect the Government's interests, the supervisor may author

tion must not affect adversely an em- quired by law, discrimination may not ployee's performance at his regularly be exercised, threatened, or promised assigned duties.

by any person in the Executive (h) Budget estimates and legislation. Branch against or in favor of an emSince the enactment of the Budget ployee in, or an eligible candidate or and Accounting Act of 1921, it has applicant for, a position in the competbeen Executive policy to consider itive service because of his political afbudget estimates transmitted to the filiation (5 CFR, Part 733, and ChapCongress with the approval of the ter 733, Federal Personnel Manual). President to be binding upon the ex- (k) Equal employment opportunity ecutive departments and agencies. Em- policies. It is the policy of the Federal ployees are expected to conform to Government that there shall be no this policy by refraining from efforts discrimination based on such factors to promote an increase in the Depart- as race, creed or religion, color, nationment budget as approved by the Presi- al origin, political affiliation, physical dent. Employees are also required to handicap, sex, age, union membership refrain from promoting or opposing or non-membership, and similar matlegislation relating to programs of the ters not related to merit and fitness. Department without the official sanc- (1) Nepotism. Employment by reason tion of the proper Department author- of blood or marriage relationships ity. It should be clearly understood, rather than merit is prohibited. No however, that nothing in this policy is employee shall supervise a member of to be considered as restraining or in- his family except in emergency situaterfering with the obligation of em- tions such as forest fires, floods, earthployees to respond freely and candidly quakes, or at isolated field stations or to any congressional inquiries made of where there is a shortage of quarters. them in regard to appropriations or re- Exceptions in other situations may be lated matters.

made with the approval of the head of (i) Political activity. Subchapter III the bureau office. (Regarding of Chapter 73 of Title 5, United States summer employees, refer to current Code (formerly referred to as the Department directives.) Hatch Act) states generally that em- (m) Employee organizations. An employees may not use their official au- ployee may not knowingly be a thority or influence for the purpose of member of an organization of Governinterfering with an election or affect- ment employees that advocates the ing its results, and they may not take overthrow of our constitutional form an active part in political management of government in the United States (5 or in political campaigns. An employee U.S.C. 7311). Employees are also prois subject to dismissal for violation. (5 hibited from striking against the FedCFR Part 733 and Chapter 733, Feder- eral Government. Further information al Personnel Manual.) Information re- regarding employee affiliation with garding the prohibition against em- employee organizations is found in the ployees engaging in political activity, Departmental Manual, Part 370, including certain exceptions, is con- Chapter 711, Labor Management Relatained in Pamphlet 20 “Political Activ- tions. ity of Federal Officers and Employ- (n) Patents. Patent regulations ees”, issued by the Civil Service Com- issued by the Secretary, 43 CFR 6, mission.

define the rights and obligations of (j) Political affiliation. Under the employees with respect to any invenCivil Service regulations, no person in tions made or developed while they the Executive Branch with authority are employed in the Department. to take or recommend a personnel Under the regulations each employee action relative to a person in, or an eli- shall submit a report on any invention gible candidate or applicant for, a posi- made or developed to the Solicitor, tion in the competitive service, may through supervisory channels. This inmake inquiry concerning his political cludes inventions developed on Govaffiliation. All disclosures concerning ernment time and those developed on political affiliation shall be ignored. the employee's time and with his maExcept as may be authorized or re- terials.

or

(0) Practitioners. The Departmented to perform enforcement, police or has adopted regulations and restric- similar duties requiring the use of firetions applicable to individuals who arms, are prohibited from carrying or practice before the Department. These having in their possession firearms on are included in 43 CFR 1. Former offi- property under the control of the Seccers or employees, including special retary of the Interior. NotwithstandGovernment employees, cannot prac- ing this paragraph, employees may tice at any time with regard to matters carry firearms on Interior lands under in which they participated personally the same conditions and in accordance and substantially as a Government with procedures and authorization esemployee through decision, approval, tablished for members of the general disapproval, or recommendation. Also, public. if a period of one year has not passed since the termination of their employ

Subpart D—Special Government Emment with the Government, they

ployees Responsibilities, Ethical cannot practice with regard to any matter that was under their official

and Other Conduct responsibility.

8 20.735-41 Statutes relating to conflict of (p) Notary. An employee is prohibit

interest. ed from charging fees for performance of any notarial act for any employee The Department of Justice in a of the Federal Government in his offi memorandum of January 28, 1963, (28 cial capacity or for any person during FR 985; 18 U.S.C. 201 note), summathe hours of such notary's service to rized the major provisions of the conthe Government (E.O. 977, Nov. 24, flict of interest laws insofar as special 1908).

Government employees are concerned (q) Franking Privilege and Official as follows: Stationery. An employee is prohibited

1. (a) He may not, except in the discharge from using Government franked enve

of his official duties, represent anyone else lopes, with or without applied postage, before a court or Government agency in a or official letterhead stationery for matter in which the United States is a party personal business (18 U.S.C. 1719). or has an interest and in which he has at

(r) Fraud or False Statements in a any time participated personally and subGovernment matter. Employees are re

stantially for the Government (18 U.S.C. sponsible for certification on Govern

203 and 205). ment documents issued by them. Spe

(b) He may not, except in the discharge of

his official duties, represent anyone else in a cial attention is required in the Certi

matter pending before the agency he serves fication of Time and Attendance Re

unless he has served there no more than 60 ports, Applications for Employment,

days during the past 365 (18 U.S.C. 203 and Requests for Travel Reimbursement, 205). He is bound by this restraint despite and Purchase Orders and Receiving the fact that the matter is not one in which forms (18 U.S.C. 1001).

he has ever participated personally and sub(s) Embezzlement of Government stantially. property. Employees shall not convert,

The restrictions described in subparaeven temporarily on loan, for personal

graphs (a) and (b) apply to both paid and

unpaid representation of another. These reuse any Government property or

strictions in combination are, of course, less equipment; nor use Government pur

extensive than the one described in the corchase authority, even though reim responding paragraph 1 in the list set forth bursement is made, for personal acqui above with regard to regular employees. sitions (18 U.S.C. 641, 643, and 654).

2. He may not participate in his govern(t) Use of Official Title. Employees mental capacity in any matter in which he, are prohibited from using their official his spouse, minor child, outside business astitles in conducting private business or

sociate or person with whom he is negotiatparticipation in private or public

ing for employment has a financial interest

(18 U.S.C. 208). groups activities. Use is strictly limited

3. He may not, after his Government emto those occasions and circumstances

ployment has ended, represent anyone where representation is official.

other than the United States in connection (u) Carrying of Weapons. Employ with a matter in which the United States is ees, except those specifically designat a party or has an interest and in which he

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