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Subtitle A–Office of the
Secretary of Commerce


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HCU .........

Employee responsibilities and conduct
The Seal of the Department of Commerce ...
Procedures for handling and settlement of claims

under the Federal Tort Claims Act
Public information ......
Classification, declassification and public avail-

ability of national security information ...
Privacy Act ........
Operation of vending stands ...
Standardization of data elements and representa-

tions .........
National voluntary laboratory accreditation pro-

gram procedures .......
Nondiscrimination in federally-assisted programs

of the Department of Commerce-effectuation

of Title VI of the Civil Rights Act of 1964
Audit requirements for state and local govern-

304 ............

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ITUS ..............................................................................


Prohibition of discrimination against the handi

capped in federally assisted programs operated
by the Department of Commerce ...
Procedures for a voluntary labeling program for
household appliances and equipment to effect

energy conservation ......
Procedures for the development of voluntary

product standards ........
Uniform relocation assistance and real property

acquisition for Federal and federally assisted
Fair packaging and labeling ..........
Intergovernmental review of Department of Com-
merce programs and activities ........

137 168


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Part 14









Procedural rules for proceedings conducted pursu

ant to enforcement of Executive Order 11246, as
amended, and rules, regulations, and orders

Service of process ........
Testimony by employees and production of docu-
ments in civil legal proceedings not involving
the United States .............

Procedures for a voluntary consumer product in-

formation labeling program ...........
Licensing of Government-owned inventions in the

custody of the Department of Commerce .............
Attorney's fees and other expenses ..........
Productivity, technology and innovation...............
Nondiscrimination on the basis of age in programs

or activities receiving Federal financial assist-
Administrative offset ........
Salary offset .........
Use of penalty mail in the location and recovery

of missing children.........

192 194







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Subpart H-Disciplinary Actions concerning

Post-Employment Conflict of Interest Violations

Subpart D-Regulatory Limitations Upon

Employee Conduct 0.735-10 Administrative extension of statu

tory limitations. 0.735-10a Proscribed actions. 0.735-11 Gifts, entertainment, and favors. 0.735-12 Outside employment or other ac

tivity. 0.735-13 Financial interests. 0.735-14 Use of Government time or prop

erty. 0.735-15 Misuse of employment or infor

mation. 0.735-16 Indebtedness. 0.735-17 Gambling, betting, and lotteries. 0.735-18 General conduct prejudicial to

the Government. 0.735-19 Reporting undue influence to su


0.735-42 Scope. 0.735-43 Report of violations and investiga

tion. 0.735-44 Initiation of proceedings. 0.735-45 Notice. 0.735-46 Hearing. 0.735-47 Decision absent a hearing. 0.735-48 Administrative appeal. 0.735-49 Sanctions. 0.735-50 Judicial review. APPENDIX A-STATUTES GOVERNING CONDUCT





AUTHORITY: E.O. 11222 of May 8, 1965, 30
FR 6469, 3 CFR, 1965 Supp.; 5 CFR 735.104,
unless otherwise noted.

SOURCE: 32 FR 15222, Nov. 2, 1967, unless otherwise noted.

Subpart E-Statements of Employment and

Financial Interests 0.735-20 General provisions. 0.735-21 Form and content of statements. 0.735-22 Employees required to submit

statements. 0.735-22a Employee's complaint on filing

requirement. 0.735-23 Employees not required to submit

statements. 0.735-24 Time and place for submission of

original statements. 0.735-25 Supplementary statements. 0.735-26 Interests of employees' relatives. 0.735-27 Information not known by em

ployees. 0.735-28 Information not required. 0.735-29 Confidentiality of employees'


Subpart A-General Provisions 80.735-1 Purpose.

The purpose of this part is to set forth Department of Commerce policy and procedure relating to employee responsibilities and conduct.

8 0.735-2 Relation to basic provisions.

(iii) Any other person who is deter(a) This part implements the follow

mined legally not to be an officer or ing:

employee of the United States. (1) The provisions of law cited in

(b) “Special Government employee” this part;

shall mean an employee as defined in (2) Executive Order 11222 of May 8,

paragraph (a) of this section who is re1965 (3 CFR, 1965 Supp. p. 130);

tained, designated, appointed, or em(3) Part 735 of the Civil Service reg ployed to perform with or without ulations (5 CFR 735.101-735.412, inclu compensation, for not to exceed 130 sive).

days during any period of 365 consecu(b) This part prescribe additional tive days, temporary duties on either a standards of ethical and other conduct full-time or intermittent basis. and reporting requirements deemed (c) “Personnel officer" means a perappropriate in the light of the particu sonnel official to whom the power of lar functions and activities of this De appointment is redelegated under Adpartment.

ministrative Order 202-250.

(d) “Operating unit” means, for pur$ 0.735–3 Applicability.

poses of this part, primary and constitThis part applies to all persons in uent operating units designated as cluded within the term "employee" as such in the Department Order Series defined in $ 0.735-4, except as other of the Department of Commerce and, wise provided in this part.

in addition, the Office of the Secre

tary. $ 0.735–4 Definitions.

(e) “Head of an operating unit,” for For purposes of this part, except as the purposes of this part, includes the otherwise indicated in this part:

Assistant Secretary for Administration (a) “Employee" (1) Shall include: (i) with respect to the performance of Every officer and employee of the De- functions under this part for the partment of Commerce (regardless of Office of the Secretary. location), including commissioned officers of the Environmental Science

Subpart B-General Policy Services Administration, and (ii) Every other person who is re

$ 0.735-5 General principles. tained, designated, appointed, or employed by a Federal officer or employ

Apart from statute, there are certain ee, who is engaged in the performance

principles of fair dealing which have of a function of the Department under

the force of law and which are applicaauthority of law or an Executive act,

ble to all officers of the Government. and who is subject to the supervision

A public office is a public trust. No of a Federal officer or employee while

public officer can lawfully engage in engaged in the performance of the

business activities which are incompatduties of his position not only as to ible with the duties of his office. He what he does but also as to how he

cannot, in his private or official charperforms his duties, regardless of acter, enter into engagements in which whether the relationship to the De

he has, or can have, a conflicting perpartment is created by assignment, sonal interest. He cannot allow his detail, contract, agreement or other

public duties to be neglected by reason wise.

of attention to his private affairs. (2) Shall not include: (i) Members of Such conflicts of interest are not tolerthe Executive Reserve except when ated in the case of any private fiducithey are serving as employees of the ary, and they are doubly proscribed Department under the circumstances for a public trustee. (40 Ops. Atty. described in paragraph (a)(1) of this

Gen. 187, 190.) section; (ii) Members of crews of vessels

8 0.735-6 Standards required in the Federowned or chartered to the Govern

al service. ment and operated by or for the Mari 5 CFR 735.101 states: “The maintetime Administration under a General nance of unusually high standards of Agency Agreement; or

honesty, integrity, impartiality, and conduct by Government employees ployee should consult the text of the and special Government employees is statutes, which will be made available essential to assure the proper perform to him by his organization unit, and ance of the Government business and he should also avail himself of the the maintenance of confidence by citi- legal counseling provided by this part. zens in their Government.”

Subpart D-Regulatory Limitations 8 0.735–7 Special requirements of the Department.

Upon Employee Conduct The close and sensitive relationship $0.735-10 Administrative extension of between the Department of Commerce

statutory limitations. and the Nation's business community calls for special vigilance on the part The provisions of the statutes identiof all officers and employees to avoid

fied in this part which relate to the even any appearance of impropriety.

ethical and other conduct of Federal The regulations set forth in this part employees are adopted and will be enhave been adopted in order to promote

forced as administrative regulations, the efficiency of the service in the violations of which may in appropriate light of the particular ethical and ad- cases be the basis for disciplinary ministrative problems arising out of

action, including removal. The fact the work of the Department.

that a statute which may relate to em

ployee conduct is not identified in this 80.735-8 Limitations on private activities part does not mean that it may not be and interests.

the basis for disciplinary action It is the policy of the Department to

against an employee. place as few limitations as possible on

$ 0.735–10a Proscribed actions. private activities or interests consistent with the public trust and the ef- An employee shall avoid any action, fective performance of the official whether or not specifically prohibited business of the Department. There is by this subpart, which might result in, no general statutory or regulatory lim- or create the appearance of: itation on the conduct of private ac (a) Using public office for private tivities for compensation by officers or gain; employees of the Department, when (b) Giving preferential treatment to the private activity is not connected any person; with any interest of the Government. (c) Impeding Government efficiency When the private activity does not or economy; touch upon some interest, it may be (d) Losing complete independence or conducted if it falls outside applicable impartiality; statutory limitations and regulatory

(e) Making a government decision limitations.

outside official channels; or

(f) Affecting adversely the confiSubpart C—Statutory Limitations dence of the public in the integrity of Upon Employee Conduct

the Government.

8 0.735-9 Employee responsibilities.

80.735-11 Gifts, entertainment, and

favors. Each employee and special Government employee has a positive duty to (a) General limitations. Except as acquaint himself with the numerous provided in paragraphs (b) and (f) of statutes relating to the ethical and this section, an employee shall not soother conduct of employees and spe- licit or accept, directly or indirectly, cial employees of the Department and any gift, gratuity, favor, entertainof the Government Appendix A of this ment, loan, payment of expenses, fee, part contains a listing of the more im- compensation, or any other thing of portant statutory provisions of general monetary value, for himself or anapplicability. In case of doubt on any other person, from a person who: question of statutory application to (1) Has, or is seeking to obtain, confact situations that may arise, the em tractual or other business or financial

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