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participated personally and substantially for the Government (18 U.S.C. 207(a)).

4. He may not, for one year after his Government employment has ended, represent anyone other than the United States in connection with a matter in which the United States is a party or has an interest and which was within the boundaries of his official responsibility during the last year of his Government service (18 U.S.C. 207(b)). This temporary restraint of course gives way to the permanent restriction described in paragraph 3 if the matter is one in which he participated personally and substantially.

visions governing employees (see $ 20.735-31).

(c) Coercion. A special Government employee shall not use his Govern. ment employment to coerce, or give the appearance of coercing, a person to provide financial benefit to himself or another person, particularly one with whom he has family, business, or financial ties.

(d) Gifts, entertainment, and favors. Except as provided in § 20.735-32(a), a special Government employee, while so employed or in connection with his employment, shall not receive or solicit from a person having business with his agency anything of value as a gift, gratuity, loan, entertainment, or favor for himself or another person, particularly one with whom he has family, business, or financial ties.

8 20.735-42 Restrictions upon special Gov

ernment employees. In most instances, special Government employees are subject to the Federal statutes relating to standards of conduct the same as regular employees. Although all these statutes are not referenced in these regulations, the more pertinent ones are listed in $ 20.735-51(a). The special Government employee should become acquainted with these. In addition, the attention of the special Government employee is directed to the following regulations which are of particular application and relate to the area of ethical conduct as a special Government employee:

(a) Use of Government employment. A special Government employee shall not use his Government employment for a purpose that is, or gives the appearance of being, motivated by the desire for private gain for himself or another person, particularly one with whom he has family, business or financial ties.

(b) Use of inside information. (1) A special Government employee shall not use inside information obtained as a result of his Government employment for private gain for himself or another person either by direct action on his part or by counsel, recommendation, or suggestion to another person, particularly one with whom he has family, business, or financial ties. For the purpose of this paragraph "inside information" means information obtained under Government authority which has not become part of the body of public information.

(2) Special Government employees may teach, lecture, or write in a manner not inconsistent with the pro

$ 20.735-43 Statement of employment and

financial interests. (a) Each special Government employee who occupies a position of consultant or expert shall file a statement of employment and financial interests as provided in paragraph (b) of this section. A special Government employee who does not occupy a position of consultant or expert shall, nonetheless, file such a statement if the position is found by the appointing officer to be of such a nature or at such a level of responsibility that the submission of a statement is necessary to protect the integrity of the Government. Special Government employees occupying positions other than those mentioned in this paragraph are not required to file statements.

(b) Special Government employees who are required to submit statements of employment and financial interests pursuant to paragraph (a) of this section shall fill out and submit to the appropriate ethics counselor designated in § 20.735-22, form DI-213, “Statement of Employment and Financial Interests." This form provides for the reporting of:

(1) All employment, including employment without compensation; and

(2) All financial interests, including any interest held by the spouse or minor child or relation living in the same household of a special Govern

ed to perform enforcement, police or similar duties requiring the use of firearms, are prohibited from carrying or having in their possession firearms on property under the control of the Secretary of the Interior. Notwithstanding this paragraph, employees may carry firearms on Interior lands under the same conditions and in accordance with procedures and authorization established for members of the general public.

Subpart D—Special Government Em

ployees Responsibilities, Ethical and Other Conduct

(0) Practitioners. The Department has adopted regulations and restrictions applicable to individuals who practice before the Department. These are included in 43 CFR 1. Former officers or employees, including special Government employees, cannot practice at any time with regard to matters in which they participated personally and substantially as a Government employee through decision, approval, disapproval, or recommendation. Also, if a period of one year has not passed since the termination of their employment with the Government, they cannot practice with regard to any matter that was under their official responsibility.

(p) Notary. An employee is prohibited from charging fees for performance of any notarial act for any employee of the Federal Government in his official capacity or for any person during the hours of such notary's service to the Government (E.O. 977, Nov. 24, 1908).

(q) Franking Privilege and Official Stationery. An employee is prohibited from using Government franked envelopes, with or without applied postage, or official letterhead stationery for personal business (18 U.S.C. 1719).

(r) Fraud or False Statements in a Government matter. Employees are responsible for certification on Government documents issued by them. Special attention is required in the Certification of Time and Attendance Reports, Applications for Employment, Requests for Travel Reimbursement, and Purchase Orders and Receiving forms (18 U.S.C. 1001).

(s) Embezzlement of Government property. Employees shall not convert, even temporarily on loan, for personal use any Government property or equipment; nor use Government purchase authority, even though reimbursement is made, for personal acquisitions (18 U.S.C. 641, 643, and 654).

(t) Use of Official Title. Employees are prohibited from using their official titles in conducting private business or participation in private or public groups activities. Use is strictly limited to those occasions and circumstances where representation is official.

(u) Carrying of Weapons. Employ ees, except those specifically designat

$ 20.735-41 Statutes relating to conflict of

interest. The Department of Justice in a memorandum of January 28, 1963, (28 FR 985; 18 U.S.C. 201 note), summarized the major provisions of the conflict of interest laws insofar as special Government employees are concerned as follows:

1. (a) He may not, except in the discharge of his official duties, represent anyone else before a court or Government agency in a matter in which the United States is a party or has an interest and in which he has at any time participated personally and substantially for the Government (18 U.S.C. 203 and 205).

(b) He may not, except in the discharge of his official duties, represent anyone else in a matter pending before the agency he serves unless he has served there no more than 60 days during the past 365 (18 U.S.C. 203 and 205). He is bound by this restraint despite the fact that the matter is not one in which he has ever participated personally and substantially.

The restrictions described in subparagraphs (a) and (b) apply to both paid and unpaid representation of another. These restrictions in combination are, of course, less extensive than the one described in the corresponding paragraph 1 in the list set forth above with regard to regular employees.

2. He may not participate in his governmental capacity in any matter in which he, his spouse, minor child, outside business associate or person with whom he is negotiating for employment has a financial interest (18 U.S.C. 208).

3. He may not, after his Government employment has ended, represent anyone other than the United States in connection with a matter in which the United States is a party or has an interest and in which he

participated personally and substantially visions governing employees (see for the Government (18 U.S.C. 207(a)).

$ 20.735-31). 4. He may not, for one year after his Gov

(c) Coercion. A special Government ernment employment has ended, represent

employee shall not use his Governanyone other than the United States in connection with a matter in which the United

ment employment to coerce, or give States is a party or has an interest and

the appearance of coercing, a person which was within the boundaries of his offi. to provide financial benefit to himself cial responsibility during the last year of his or another person, particularly one Government service (18 U.S.C. 207(b)). This with whom he has family, business, or temporary restraint of course gives way to

financial ties. the permanent restriction described in paragraph 3 if the matter is one in which he par

(d) Gifts, entertainment, and favors. ticipated personally and substantially.

Except as provided in § 20.735-32(a), a

special Government employee, while 8 20.735-42 Restrictions upon special Gov so employed or in connection with his ernment employees.

employment, shall not receive or solicIn most instances, special Govern

it from a person having business with ment employees are subject to the

his agency anything of value as a gift, Federal statutes relating to standards

gratuity, loan, entertainment, or favor of conduct the same as regular em

for himself or another person, particuployees. Although all these statutes

larly one with whom he has family, are not referenced in these regula

business, or financial ties. tions, the more pertinent ones are

$ 20.735-43 Statement of employment and listed in $ 20.735-51(a). The special

financial interests. Government employee should become acquainted with these. In addition, the

(a) Each special Government emattention of the special Government ployee who occupies a position of conemployee is directed to the following sultant or expert shall file a statement regulations which are of particular ap of employment and financial interests plication and relate to the area of as provided in paragraph (b) of this ethical conduct as a special Govern section. A special Government employment employee:

ee who does not occupy a position of (a) Use of Government employment. consultant or expert shall, nonetheA special Government employee shall less, file such a statement if the posinot use his Government employment tion is found by the appointing officer for a purpose that is, or gives the ap- to be of such a nature or at such a pearance of being, motivated by the level of responsibility that the submisdesire for private gain for himself or sion of a statement is necessary to proanother person, particularly one with tect the integrity of the Government. whom he has family, business or fi Special Government employees occunancial ties.

pying positions other than those men(b) Use of inside information. (1) A tioned in this paragraph are not respecial Government employee shall quired to file statements. not use inside information obtained as (b) Special Government employees a result of his Government employ who are required to submit statements ment for private gain for himself or of employment and financial interests another person either by direct action pursuant to paragraph (a) of this secon his part or by counsel, recommen tion shall fill out and submit to the dation, or suggestion to another appropriate ethics counselor desigperson, particularly one with whom he nated in § 20.735-22, form DI-213, has family, business, or financial ties. “Statement of Employment and Fi. For the purpose of this paragraph nancial Interests." This form provides "inside information” means informa for the reporting of: tion obtained under Government au- (1) All employment, including emthority which has not become part of ployment without compensation; and the body of public information.

(2) All financial interests, including (2) Special Government employees any interest held by the spouse or may teach, lecture, or write in a minor child or relation living in the manner not inconsistent with the pro- same household of a special Govern

ment employee. The special Govern (e) For the purpose of this section ment employee is not required to the terms “consultant” and “expert" report connection with, or interest in: have the meanings given those terms (i) A professional society;

by Chapter 304 of the Federal Person(ii) A charitable, religious, social, nel Manual, but do not include: fraternal, recreational, public service, (1) A physician, dentist, or allied civil, or political organization or a sim medical specialist whose services are ilar organization not conducted as a procured to provide care and service to business enterprise. For the purpose of patients; or this section, educational and other in. (2) A veterinarian whose services are stitutions doing research and develop procured to provide care and service to ment or related work involving grants animals. of money from or contracts with the Government are deemed “business en

Subpart E-Bibliography of Statutes terprises” and are required to be included in an employee's statement of $20.735-51 Miscellaneous statutory proviemployment and financial interests.

sions and restrictions. (iii) Holdings in widely held mutual funds, investment clubs, or regulated

(a) Employees will become acquaintinvestment companies not specializing

ed with the statutory provisions that

relate to their ethical and other conin a particular industry. (iv) Savings or deposits in banks,

duct, among which the following are credit unions, building and loan associ

particularly relevant: ations, or insurance companies;

(1) House Concurrent Resolution (c) In an instance involving the pro

175, 85th Congress 2nd Session, 72 posed employment of a special Gov.

Stat. B12, the "Code of Ethics for ernment employee for highly special

Government Service.” ized and limited duties, the head of a

(2) Chapter 11 of Title 18, United bureau or office may propose to the

States Code, relating to bribery, graft, Department ethics counselor a report

and conflicts of interest, as appropriing of financial interests restricted to

ate to the employee concerned. such interests as may be determined to

(3) The prohibition against lobbying be relevant to the duties the special

with appropriated funds (18 U.S.C. Government employee is to perform.

1913). If a restricted reporting of financial

(4) The prohibitions against disloyalinterests is approved by the Depart- ty and striking (5 U.S.C. 7311, 18 ment ethics counselor in advance of employment, Form DI-213 may be re (5) The prohibitions contained in vised to reflect the narrower require

the Freedom of Information Act ment.

against failing to disclose information (d) The statement of employment

disclosure of which is required by that and financial interests shall be submit

Act (5 U.S.C. 552(a) (4) (F)). ted before the special Government em

(6) The prohibitions against (i) disployee enters on duty. Each special

closure of classified information (18 Government employee shall keep his

U.S.C. 798, 50 U.S.C. 783); (ii) disclostatement current through his em

sure of confidential information (18 ployment with the Department by the

U.S.C. 1905); and (iii) disclosure of insubmission of supplementary state

formation which is restricted by the ments. Prior to the reappointment of a

Privacy Act (5 U.S.C. 552a(i) (1)). special Government employee to per

(7) The provision relating to the haform the same or different functions, bitual use of intoxicants to excess (5 with or without a break in service, a U.S.C. 7352). new statement shall be obtained. (8) The prohibition against the Statements filed by special Govern misuse of a Government vehicle (31 ment employees shall be reviewed, U.S.C. 638a(c)). processed and retained in the same (9) The prohibition against the manner as those filed by regular em- misuse of the franking privilege (18 ployees ($ 20.735-23).

U.S.C. 1719).

(10) The prohibition against the use of the Bureau of Land Management of deceit in an examination or person- performing a function or duty under nel action in connection with Govern- Pub. L. 94-579, 90 Stat. 2743, file a ment employment (18 U.S.C. 1917). written statement disclosing known fi

(11) The prohibition against fraud or nancial interest in any person who apfalse statements in a Government plied for or receives any permit, lease, matter (18 U.S.C. 1001).

or right-of-way under, or applies for or (12) The prohibition against mutilat

acquires any land or interests therein ing or destroying a public record (18

under, or is otherwise subject to the U.S.C. 2071).

provisions of, the Act. (13) The prohibition against coun

(21) The provisions of the Federal terfeiting and forging transportation

Election Campaign Act Amendments requests (18 U.S.C. 508).

of 1976; Pub. L. 94-283 which provides (14) The prohibitions against (i) embezzlement of Government money or

that no person while an elected or approperty (18 U.S.C. 641); (ii) failing to

pointed officer or employee of any account for public money (18 U.S.C.

branch of the Federal Government 643); and (iii) embezzlement of the

shall acceptmoney or property of another person

(i) Any honorarium of more than in the possession of an employee by $2,000 (excluding amounts accepted reason of his employment (18 U.S.C. for actual travel and subsistence ex654).

penses for such person and his spouse (15) The prohibition against unau- or an aide to such person, and excludthorized use of documents relating to ing amounts paid or incurred for any claims from or by the Government (18 agent's fees or commissions) for any U.S.C. 285).

appearance, speech, or article; or (16) The prohibition against political (ii) Honorariums (not prohibited by activities in Subchapter III of Chapter paragraph (a)(1) of this section) aggre73 of Title 5, United States Code and

gating more than $25,000 in any calen18 U.S.C. 602, 603, 607, and 608.

dar year. (17) The prohibition against an em

(22) The requirement that each employee acting as an agent of a foreign

ployee of the Office of Surface Mining principal registered under the Foreign

Reclamation and Enforcement or any Agents Registration Act (18 U.S.C. 219).

other Federal employee performing (18) The requirement that each offi

any function or duty under Pub. L. 95cer or employee of the Department of

87, 91 Stat. 445, file a written statethe Interior performing a function or

ment disclosing any direct or indirect duty under the Energy Policy and

financial interest in underground or Conservation Act file a written state

surface coal mining operations. ment disclosing known financial inter- (23) The requirement that each offiests in certain business and property cer or employee of the Department of (42 U.S.C. 6392).

the Interior performing a function or (19) The requirement that each offi- duty under the Outer Continental cer or employee of the Secretary of Shelf Lands Act, as amended, file a the Interior performing a function or written statement disclosing known fiduty under Pub. L. 94-429, 90 Stat. nancial interest in any person who ap1342, file a written statement disclos- plies for or receives any permit or ing known financial interest in any lease under, or is otherwise subject to person subject to the Act and other

the provisions of that Act. acts specified therein, or in any person (b) The foregoing statutes shall be who holds a mining claim within the

available for review in the office of boundaries of units of the National

each Ethics Counselor. Park System.

(20) The requirement that each offi- [41 FR 56101, Dec. 23, 1976, as amended at cer or employee of the Secretary and 44 FR 4322, Jan. 19, 1979)

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