US History/US History (Bureau Development Inc.)(1991).ISO/dp/0105/01057.txt

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$Title{Presidential Proclamations & Executive Orders
Chapter 5C        Federal Civilian Personnel}
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$Date{1989}
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Book:        Presidential Proclamations & Executive Orders
Author:      National Archives and Records Administration
Affiliation: National Archives
Date:        1989

Chapter 5C        Federal Civilian Personnel

Executive Order 10982 - Administration of the act of September 26, 1961,
     relating to evacuation payments, assignments, and allotments, and other
     matters

     SOURCE:  The provisions of Executive Order 10982 of Dec. 25, 1961, appear
at 27 FR 3, 3 CFR, 1959-1963 Comp., p. 502, unless otherwise noted.

     By virtue of the authority vested in me by the act of September 26, 1961
(75 Stat. 662), and by section 301 of title 3 of the United States Code, and
as President of the United States, it is ordered as follows:

     SECTION 1. As used in this order:

     (a) The term "the act" means the act of September 26, 1961 (Public Law
87-304), 75 Stat. 662.

     (b) The term "Federal agency" means any executive department of the
Government of the United States of America, any agency or independent
establishment in the executive branch of the Government, and any corporation
wholly owned or controlled by the Government.

     (c) The term "foreign area" means any area (including the Trust Territory
of the Pacific Islands) situated outside (1) the United States (including the
District of Columbia), (2) the Commonwealth of Puerto Rico, (3) the Canal
Zone, and (4) any territory or possession of the United States.

     SEC. 2. (a) Except as otherwise provided by section 2(b) and section 3(c)
of this order, the Secretary of State in respect of civilian employees of
Federal agencies who are located in foreign areas immediately prior to an
emergency evacuation, and the Office of Personnel Management in respect of all
other civilian employees of Federal agencies, are hereby designated and
empowered, without the approval, ratification, or other action of the
President, to perform the functions conferred upon the President by section
3(a), section 3(b), and section 6(a) of the act.

     (b) The Office of Personnel Management is hereby designated and
empowered, without the approval, ratification, or other action of the
President, to perform the functions conferred upon the President by the
provisions of section 6 of the act with respect to allotments and assignments
authorized by section 5 of the act.

[Sec. 2 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp.,
p. 264]

     SEC. 3. The following regulations are hereby prescribed as necessary and
appropriate to carry out the provisions, accomplish the purposes, and govern
the administration of the act:

     (a) To the maximum extent practicable, the Secretary of State, the Office
of Personnel Management, and the heads of other Federal agencies shall
exercise their authority under the act and this order so that employees of
different Federal agencies evacuated from the same geographic area under the
same general circumstances may be treated uniformly.

     (b) Advance payments of compensation, allowances, and differentials, as
authorized by section 2 of the act, shall be held to the minimum period during
which the order for evacuation is anticipated to continue, and shall in no
event be made for a period of more than thirty days.

     (c) It is hereby determined to be in the interest of the United States
that payments of monetary amounts as authorized by section 3 of the act to and
for the account of an employee whose evacuation is ordered and who is
prevented from performing the duties of his position, under the circumstances
set forth in section 3 of the act, should be extended beyond sixty days for
not more than one hundred and twenty additional days only upon determination,
pursuant to regulations of the head of the Federal agency concerned, that such
additional payments are reasonably necessary to maintain a civilian staff
available for performance of duty.  Such payments of monetary amounts under
the authority of section 3 of the act shall be terminated as of such dates as
may be determined by the Secretary of State or the Office of Personnel
Management, as appropriate, but not later than the date on which an employee
resumes his duties at the post from which he has been evacuated or is assigned
to another position.

[Sec. 3 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp.,
p. 264]

     SEC. 4. (a) The head of each Federal agency shall issue as soon as
practicable such regulations as may be necessary and appropriate to carry out
his functions under the act and this order.

     (b) In order to coordinate the policies and procedures of the executive
branch of the Government, all regulations of any Federal agency prepared for
issuance under the provisions of section 6(c) of the act and section 4(a) of
this order shall be submitted for prior approval to the Secretary of State, or
to the Office of Personnel Management, as may be appropriate, under section 2
of this order.  The Secretary of State and the Office of Personnel Management
shall review such regulations for conformance with the purpose and intent of
the act and of the regulations contained in section 3 of this order.  No
Federal agency shall make any payment under the provisions of the act or this
order until such regulations have been approved by the Secretary of State, or
the Office of Personnel Management, as appropriate.

     [Sec. 4 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978
Comp., p. 264]

Executive Order 11103 - Providing for the appointment of former Peace Corps
     volunteers to the civilian career services

     SOURCE:  The provisions of Executive Order 11103 of Apr. 10, 1963, appear
at 28 FR 3571, 3 CFR, 1959-1963 Comp., p. 762, unless otherwise noted.

     By virtue of the authority vested in me by the Civil Service Act (22
Stat. 403), and section 1753 of the Revised Statutes, and as President of the
United States, it is hereby ordered as follows:

     SECTION 1. Under such regulations as the Office of Personnel Management
may prescribe, the head of any agency in the Executive Branch may appoint in
the competitive service any person who is certified by the Director of the
Peace Corps as having served satisfactorily as a Volunteer or Volunteer Leader
under the Peace Corps Act and who passes such examination as the Office of
Personnel Management may prescribe.  Any person so appointed shall, upon
completion of the prescribed probationary period, acquire a competitive
status.

[Sec. 1 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp.,
p. 264]

     SEC. 2. The head of any agency in the Executive Branch having an
established merit system in the excepted service may appoint in such service
any person who is certified by the Director of the Peace Corps as having
served satisfactorily as a Volunteer or Volunteer Leader under the Peace Corps
Act and who passes such examination as such agency head may prescribe.

     SEC. 3. Certificates of satisfactory service for the purposes of this
Order shall be issued only to persons who have completed a full term of
service (approximately two years) under the Peace Corps Act:  Provided, That
such certificates may be issued to persons who have completed a lesser period
of satisfactory service if, in the judgment of the Director of the Peace
Corps, (1) their service was of sufficient duration to demonstrate their
capability to complete satisfactorily a full term, and (2) their failure to
complete a full term was due to circumstances beyond their control.

     SEC. 4. Any appointment under this Order shall be effected within a
period of one year after completion of the appointee's service under the Peace
Corps Act:  Provided, That such period may be extended to not more than three
years in the case of persons who, following such service, are engaged in
military service, in the pursuit of studies at a recognized institution of
higher learning, or in other activities which, in the view of the appointing
authority, warrant an extension of such period.

     SEC. 5. Any law, Executive Order, or regulation which would disqualify an
applicant for appointment in the competitive service or in the excepted
service concerned shall also disqualify an applicant for appointment under
this Order.

Executive Order 11183 - Establishing the President's Commission on White House
     Fellowships

     SOURCE:  The provisions of Executive Order 11183 of Oct. 3, 1964, appear
at 29 FR 13633, 3 CFR, 1964-1965 Comp., p. 256, unless otherwise noted.

     WHEREAS it is in the national interest that our future leaders in all
walks of life have opportunities to observe at firsthand the important and
challenging tasks of American Government; and

     WHEREAS participation in Government service early in their careers will
help persons with high qualifications to become well-informed and
public-spirited citizens; and

     WHEREAS it is appropriate that public recognition be given to persons of
exceptional promise who are willing to devote their time to increasing their
understanding of the public business:

[Preamble amended by EO 12012 of Oct. 3, 1977, 42 FR 54249, 3 CFR, 1977 Comp.,
p. 146]

     NOW, THEREFORE, by virtue of the authority vested in me as President of
the United States, it is ordered as follows:

     SECTION 1. Establishment of Commission. (a) There is hereby established
the President's Commission on White House Fellowships, hereinafter referred to
as the Commission.  The Commission shall consist of such outstanding citizens
from the fields of public affairs, education, the sciences, the professions,
other fields of private endeavor, and the Government service, as the President
may from time to time appoint.  One of the members shall be designated by the
President to serve as Chairman of the Commission.

     (b) Members of the Commission shall serve at the pleasure of the
President.  Federal officials shall receive no additional compensation by
reason of their service on the Commission.  Members appointed to the
Commission from private life shall serve without compensation.

[Sec. 1 amended by EO 11410 of May 6, 1968, 33 FR 6911, 3 CFR, 1966-1970
Comp., p. 725]

     SEC. 2. Functions of the Commission. (a) The Commission shall prescribe
such standards and procedures as may be necessary to enable it to recommend
annually a group of outstanding persons from among whom the President may
select White House Fellows.  Following publication of these standards and
procedures, the Commission may accept (1) applications from individuals,
including regular members of the Armed Forces of the United States, and (2)
nominations from sponsoring individuals or organizations for consideration in
its recommendations.

     (b) The standards and procedures to be prescribed by the Commission shall
be so drawn as to limit the selection of White House Fellows to persons who -

     (1) Have demonstrated unusual ability, high moral character, outstanding
motivation, and a broad capacity for leadership;

     (2) Are presently early in their chosen careers and show exceptional
promise of future development;

     (3) Are dedicated to the institutions of the United States and the values
of American civilization; and

     (4) Are not, on the date on which they apply or at any time between the
date of application and the beginning of service as a White House Fellow,
employed in, or receiving any salary or wage as compensation for, the
performance of a Federal function under authority of law or Executive act;
except that, this exclusion shall not apply to regular members of the Army,
Navy, Air Force, Marine Corps or Coast Guard, nor shall it apply to a "special
Government employee" as defined in Section 202 of Title 18 of the United
States Code, nor shall it apply to an independent contractor or employee
thereof.

     (c) White House Fellows shall be recommended by the Commission and
selected by the President without discrimination on the basis of sex, race,
color, creed, national origin, age or political affiliation.

[Sec. 2 amended by EO 11648 of Feb. 16, 1972, 37 FR 3623, 3 CFR, 1971-1975
Comp., p. 673; EO 11946 of Oct. 25, 1976, 41 FR 47219, 3 CFR, 1976 Comp., p.
158; EO 12012 of Oct. 3, 1977, 42 FR 54249, 3 CFR, 1977 Comp., p. 146]

     SEC. 3. White House Fellows.  White House Fellows will be appointed to
serve for a period to be set by the Commission, provided that such a period
shall not exceed 365 days.  Extensions of appointments may be granted by the
Commission at any time after appointments are made, but such extensions shall
not exceed 90 days.  White House Fellows will begin their appointments on
September 1 of the year in which they are selected, and shall be assigned to
serve on the White House staff, in the Executive Office of the President, in
the Office of the Vice President, in the offices of members of the Cabinet, or
in the offices of such other Executive Branch officials as shall, from time to
time, be designated by the President and the Commission.

[Sec. 3 amended by EO 11946 of Oct. 25, 1976, 41 FR 47219, 3 CFR, 1976 Comp.,
p. 158; EO 12653 of Sept. 29, 1988, 53 FR 38705, 3 CFR, 1988 Comp., p. 583]

     SEC. 4. Executive Agencies (a) Each executive agency as defined in
section 105 of title 5 of the United States Code shall extend fullest
cooperation to the White House Fellows Program and attempt to maximize the
Program's benefits to the individual Fellow, the Department or Agency, and the
Federal Government.

     (b) The Office of Personnel Management shall provide the Commission with
administrative services, staff support, and travel expenses as authorized by
law.

[Sec. 4 amended by EO 11648 of Feb. 16, 1972, 37 FR 3623, 3 CFR, 1971-1975
Comp., p. 673; EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p.
264]

Executive Order 11203 - Permitting certain qualified employees of the Treasury
     Department to be given career appointment

     SOURCE:  The provisions of Executive Order 11203 of Mar. 12, 1965, appear
at 30 FR 3417, 3 CFR, 1964-1965 Comp., p. 287, unless otherwise noted.

     By virtue of the authority vested in me by Section 2 of the Civil Service
Act (22 Stat. 403) and Section 1753 of the Revised Statutes of the United
States (5 U.S.C. 631) and as President of the United States, it is hereby
ordered as follows:

     SECTION 1. Any employee of the Treasury Department serving under an
appointment under Schedule B of the Civil Service Rules in a position
concerned with the protection of the life and safety of the President, members
of his immediate family, or other persons for whom similar protective services
are provided by law (which responsibility is hereinafter referred to as the
protective function) may have his appointment converted to a career
appointment if:

     (1) he has completed at least three years of full-time continuous service
in a position concerned with the protective function'

     (2) the Secretary of the Treasury, or his designee, recommends the
conversion of the employee's appointment within 90 days after the employee
meets the service requirements of this section, or within 90 days after the
date of this Order, whichever is later;

     (3) he shall have passed a competitive examination appropriate for the
position he is occupying or meets noncompetitive examination standards the
Office of Personnel Management prescribes for his position; and

     (4) he meets all other requirements prescribed by the Office pursuant to
Section 5 of this Order.

[Sec. 1 amended by EO 12107 of Dec. 28, 1978, 41 FR 1055, 3 CFR, 1978 Comp.,
p. 264]

     SEC. 2. For the purposes of Section 1 -

     (1) "full-time continuous service" means service without a break of more
than 30 calendar days;

     (2) except as provided in paragraph (3) of this section, active service
in the Armed Forces of the United States shall be deemed to be full-time
continuous service in a position concerned with the protective function if the
employee concerned shall have left a position concerned with the protective
function to enter the Armed Forces and shall have been re-employed in a
position concerned with the protective function within 120 days after he shall
have been discharged from the Armed Forces under honorable conditions; and

     (3) active service in the Armed Forces shall not be deemed to be
full-time continuous service in a position concerned with the protective
function if such active service exceeds a total of four years plus any period
of additional service imposed pursuant to law.

     SEC. 3. Any employee who shall have left a position concerned with the
protective function to enter active service in the Armed Forces of the United
States, who is re-employed in such a position within 120 days after his
discharge under honorable conditions from such service, and who meets the
requirements of Section 1 as the result of being credited with his period of
active service in the Armed Forces pursuant to Section 2(2), may have his
appointment converted if the Secretary of the Treasury, or his designee,
recommends that conversion within 90 days after his re-employment.

     SEC. 4. Whenever the Secretary of the Treasury, or his designee, decides
not to recommend conversion of the appointment of an employee under this Order
or whenever the Secretary, or his designee, recommends conversion and the
employee fails to qualify, the employee shall be separated by the date on
which his current Schedule B appointment expires.

     SEC. 5. The Office of Personnel Management shall prescribe such
regulations as may be necessary to carry out the purposes of this Order.

[Sec. 5 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp.,
p. 264]

Executive Order 11219 - Providing for the appointment in the competitive
     service of certain present and former officers and employees of the
     Foreign Service

     SOURCE:  The provisions of Executive Order 11219 of May 6, 1965, appear
at 30 FR 6381, 3 CFR, 1964-1965 Comp., p. 303, unless otherwise noted.

     By virtue of the authority vested in me by section 1753 of the Revised
Statutes and the Civil Service Act (22 Stat. 403), and as President of the
United States, it is hereby ordered as follows:

     SECTION 1. Under regulations and conditions prescribed by the Office of
Personnel Management, a present or former member of the Foreign Service may be
appointed in the competitive service if he:

     (a) Is qualified for the position in the competitive service;

     (b) Was appointed in the Foreign Service under authority of the Foreign
Service Act of 1946, as amended, the Foreign Service Act of 1980, or
legislation that supplements or replaces the latter Act;

     (c) Served in the Foreign Service under an unlimited, career-type
appointment and, immediately before his separation from that appointment, he
completed at least one year of continuous service under one or more
nontemporary appointments in the Foreign Service which may include the service
that made him eligible for his career-type appointment; and

     (d) Is appointed within 3 years after his separation from the Foreign
Service, or he completed at least 3 years of substantially continuous service
under one or more nontemporary appointments in the Foreign Service immediately
before his separation from the unlimited, career-type appointment in that
Service which may include the service that made him eligible for such
appointment, or he is entitled to preference under section 2 of the Veterans'
Preference Act of 1944, as amended.

[Sec. 1 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp.,
p. 264; EO 12292 of Feb. 23, 1981, 46 FR 13967, 3 CFR, 1981 Comp., p. 134]

     SEC. 2. (a) Except as provided in paragraph (b) of this section, a person
appointed under Section 1 of this Order becomes a career conditional employee.

     (b) A person appointed under Section 1 of this Order becomes a career
employee when he:

     (1) Has completed at least 3 years of substantially continuous service
under one or more nontemporary appointments in the Foreign Service immediately
before his separation from the unlimited, career-type appointment in that
Service which may include the service that made him eligible for such
appointment;

     (2) Is appointed to a position in the competitive service required by law
or Executive order to be filled on a permanent or career basis; or

     (3) Has completed the service requirement for career tenure in the
competitive service. For the purpose of subparagraph (3) of this paragraph,
service in the Foreign Service is creditable in meeting the service
requirement only if the person concerned is appointed to a nontemporary
position in the competitive service under Section 1 of this Order within 30
days after his separation from the Foreign Service.

     SEC. 3. A person appointed to a nontemporary position in the competitive
service under Section 1 of this Order acquires a competitive status
automatically on appointment.

     SEC. 4. Any law, Executive order, or regulation that would disqualify an
applicant for appointment in the competitive service shall also disqualify a
person for appointment under Section 1 of this Order.

     SEC. 5. For the purpose of this Order, a person is deemed to be a member
of the "Foreign Service" if he was appointed in any agency under authority of
the Foreign Service Act of 1946, as amended, the Foreign Service Act of 1980,
or legislation that supplements or replaces the latter Act.

[Sec. 5 amended by EO 12292 of Feb. 23, 1981, 46 FR 13967, 3 CFR, 1981 Comp.,
p. 134]

Executive Order 11222 - Prescribing standards of ethical conduct for
     Government officers and employees

     SOURCE:  The provisions of Executive Order 11222 of May 8, 1965, appear
at 30 FR 6469, 3 CFR, 1964-1965 Comp., p. 306, unless otherwise noted.

     By virtue of the authority vested in me by Section 301 of Title 3 of the
United States Code, and as President of the United States, it is hereby
ordered as follows:

     SECTION 101. Where government is based on the consent of the governed,
every citizen is entitled to have complete confidence in the integrity of his
government.  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

     SEC. 201. (a) Except in accordance with regulations issued pursuant to
subsection of this section, no employee shall solicit or accept, directly or
indirectly, any gift, gratuity, favor, entertainment, loan, or any other thing
of monetary value, from any person, coloration, 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 regulated 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 Office of Personnel Management, 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 and responsibilities of their employees.  For example, it may
be appropriate to provide exceptions (1) governing obvious family or personal
relationships where the circumstances make it clear that it is those
relationships rather than the business of the persons concerned 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
attendance; or (3) permitting acceptance of loans from banks or other
financial institutions on customary terms to finance proper and usual
activities of employees, such as home mortgage loans.  This section shall be
effective upon issuance of such regulations.

     (c) It is the intent of this section that employees avoid any action,
whether or not specifically prohibited 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.

[Sec. 201 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp.,
p. 264]

     SEC. 202. An employee shall not engage in any outside employment,
including teaching, lecturing, or writing, which might result in a conflict,
or an apparent conflict, between the private interests of the employee and his
official government duties and responsibilities, although such teaching,
lecturing, and writing by employees are generally to be encouraged so long as
the laws, the provisions of this order, and Office of Personnel Management and
agency regulations covering conflict of interest and outside employment are
observed.

[Sec. 202 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp.,
p. 2641

     SEC. 203. Employees may not (a) have direct or indirect financial
interests that conflict substantially, or appear to conflict substantially,
with their responsibilities 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
restrictions, employees are free to engage in lawful financial transactions to
the same extent as private citizens.  Agencies may, however, further restrict
such transactions in the light of the special circumstances of their
individual missions.

     SEC. 204. An employee shall not use Federal property of any kind for
other than officially approved activities.  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 information not made available to the general public.

     SEC. 206. An employee is expected to meet all just financial 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

     SEC. 301. This part applies to all "special Government 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 Government employee must
refrain from any use of his public office which is motivated by, or gives the
appearance of being motivated by, the desire for private gain for himself or
other persons including particularly those with whom he has family, business,
or financial ties.

     SEC. 303. A consultant, adviser, or other special Government employee
shall not use any inside information obtained as a result of his government
service for private personal gain, either by direct action on his part or by
counsel, recommendations or suggestions to others, including particularly
those with whom he has family, business, or financial ties.

     SEC. 304. An adviser, consultant, or other special Government employee
shall not use his position in any way to coerce, or give the appearance of
coercing, another person to provide any financial benefit to him or persons
with whom he has family, business, or financial ties.

     SEC. 305. An adviser, consultant, or other special Government employee
shall not receive or solicit from persons having business with his agency
anything of value as a gift, gratuity, loan or favor for himself or persons
with whom he has family, business, or financial ties while employed by the
government or in connection with his work with the government.

     SEC. 306. [Revoked]

[Sec. 306 revoked by EO 12565 of Sept. 25, 1986, 51 FR 34437, 3 CFR, 1986
Comp., p. 229]

Part IV - Reporting of Financial Interests

     SEC. 401. Policy.  In order to maintain public confidence in the
integrity of the Government and to preserve and promote ethical standards, a
system of non-public (confidential) financial reporting shall be established
for officers and employees of the Executive Branch.  Such nonpublic
(confidential) reporting shall complement the public financial disclosure
system established by title II of the Ethics in Government Act of 1978, as
amended.

     SEC. 402. Definition.  For purposes of this Part, the term

     (a) The "Act" refers to the Ethics in Government Act of 1978, as amended.

     (b) "Employee" means any officer or employee of an agency, including a
special Government employee (as defined in 18 U.S.C. sec. 202(a)).

     (c) "Executive Branch" includes each Executive agency (as defined in 5
U.S.C. sec. 105) and any other entity or administrative unit in the Executive
Branch unless such agency, entity or unit is specifically included in the
coverage of title I or III of the Act.

     SEC. 403. Comprehensive System of Financial Reporting.  There shall be a
comprehensive system of financial reporting for employees in the Executive
Branch pursuant to title II of the Act.  Such comprehensive system shall
require -

     (a) Reports subject to public disclosure by those employees whose
positions are covered under section 201 of the Act; and

     (b) Non-public (confidential) reports by those employees whose positions
have been designated for this purpose pursuant to section 404 of this Part.
These reports shall be held in confidence as required by section 207 of the
Act and as authorized by the Freedom of Information Act at 5 U.S.C. sec.
552(b) (3), (4) and (6).  Any disclosure of the reports must satisfy the terms
of the Privacy Act at 5 U.S.C. sec. 552a.

     SEC. 404. The Office of Government Ethics.  Notwithstanding any other
provision of this Order, the Office of Government Ethics shall be responsible
for administering this part by -

     (a) Developing, in consultation with the Attorney General and the Office
of Personnel Management, regulations setting forth (1) criteria for the
guidance of agencies of the Executive Branch in designating the positions for
which non-public (confidential) reports will be required and the type of
information to be obtained in such reports in light of applicable conflict of
interest statutes and regulations and the authorized activities of each
agency; and (2) the time and place for submission of such reports;

     (b) Assuring that each agency of the Executive Branch designates its
respective positions for which non-public reports will be required from
employees holding such positions; and

     (c) Assuring that implementing regulations issued by the agencies of the
Executive Branch are properly administered."

[Former secs. 401-406 revoked and sees. 401-404 added by EO 12565 of Sept. 25,
1986, 51 FR 34437, 3 CFR, 1986 Comp., p. 229]

Part V - Delegating Authority of the President under Sections 205 and 208 of
     Title 18 of the United States Code Relating to Conflicts of Interest

     SEC. 501. As used in this part, "department" means an executive
department, agency means an independent agency or establishment or a
Government corporation, and "head of an agency" means, in the case of an
agency headed by more than one person, the chairman or comparable member of
such agency.

     SEC. 502. There is delegated, in accordance with and to the extent
prescribed in Sections 503 and 504 of this part, the authority of the
President under Sections 205 and 208(b) of Title 18, United States Code, to
permit certain actions by an officer or employee of the Government, including
a special Government employee, for appointment to whose position the President
is responsible.

     SEC. 503. Insofar as the authority of the President referred to in
Section 502 extends to any appointee of the President subordinate to or
subject to the chairmanship of the head of a department or agency, it is
delegated to such department or agency head.

     SEC. 504. Insofar as the authority of the President referred to in
Section 502 extends to an appointee of the President who is within or attached
to a department or agency for purposes of administration, it is delegated to
the head of such department or agency.

     SEC. 505. Notwithstanding any provision of the preceding sections of this
part to the contrary, this part does not include a delegation of the authority
of the President referred to in Section 502 insofar as it extends to:

     (a) The head of any department or agency in the Executive Branch;

     (b) Presidential appointees in the Executive Office of the President who
are not subordinate to the head of an agency in that Office; and

     (c) Presidential appointees to committees, boards, commissions, or
similar groups established by the President.

Part VI - Providing for the Performance by the Office of Personnel Management
     of Certain Authority Vested in the President by Section 1753 of the
     Revised Statutes

     SEC. 601. The Office of Personnel Management is designated and empowered
to perform, without the approval, ratification, or other action of the
President, so much of the authority vested in the President by Section 1753 of
the Revised Statutes of the United States (5 U.S.C. 631) as relates to
establishing regulations for the conduct of persons in the civil service.

[Title and sec. 601 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR,
1978 Comp., p. 264]

     SEC. 602. Regulations issued under the authority of Section 601 shall be
consistent with the standards of ethical conduct provided elsewhere in this
order.

Part VII - General Provisions

     SEC. 701. The Office of Personnel Management is authorized and directed,
in addition to responsibilities assigned elsewhere in this order:

     (a) To issue appropriate regulations and instructions implementing Parts
II, III, and IV of this order;

     (b) To review agency regulations from time to time for conformance with
this order; and

     (c) To recommend to the President from time to time such revisions in
this order as may appear necessary to ensure the maintenance of high ethical
standards within the Executive Branch.

[Sec. 701 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp.,
p. 264]

     SEC. 702. Each agency head is hereby directed to supplement the standards
provided by law, by this order, and by regulations of the Office of Personnel
Management with regulations of special applicability to the particular
functions and activities of his agency.  Each agency head is also directed to
assure (1) the widest possible distribution of regulations issued pursuant to
this section, and (2) the availability of counseling for those employees who
request advice or interpretation.

[Sec. 702 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp.,
p. 264]

     SEC. 703. The following are hereby revoked:

     (a) Executive Order No. 10939 of May 5, 1961.

     (b) Executive Order No. 11125 of October 29, 1963.

     (c) Section 2(a) of Executive Order No. 10530 of May 10, 1954.

     (d) White House memorandum of July 20, 1961, on "Standards of Conduct for
Civilian Employees."

     (e) The President's Memorandum of May 2, 1963, "Preventing Conflicts of
Interest on the Part of Special Government Employees."  The effective date of
this revocation shall be the date of issuance by the Office of Personnel
Management of regulations under Section 701(a) of this order.

[Sec. 703 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp.,
p. 264]

     SEC. 704. All actions heretofore taken by the President or by his
delegates in respect of the matters affected by this order and in force at the
time of the issuance of this order, including any regulations prescribed or
approved by the President or by his delegates in respect of such matters,
shall, except as they may be inconsistent with the provisions of this order or
terminate by operation of law, remain in effect until amended, modified, or
revoked pursuant to the authority conferred by this order.

     SEC. 705. As used in this order, and except as otherwise specifically
provided herein, the term "agency" means any executive department, or any
independent agency or any Government corporation; and the term "employee"
means any officer or employee of an agency.

     SEC. 706. This Order shall be applicable to the United States Postal
Service established by the Postal Reorganization Act of 1970.

[Sec. 706 added by EO 11590 of Apr. 23, 1971, 36 FR 7831, 3 CFR, 1971-1975
Comp., p. 558]

Executive Order 11228 - Providing for the performance by the Office of
     Personnel Management of certain functions vested in or subject to the
     approval of the President

     SOURCE:  The provisions of Executive Order 11228 of June 14, 1965, appear
at 30 FR 7739, 3 CFR, 1964-1965 Comp., p. 317, unless otherwise noted.

     By virtue of the authority vested in me by Section 301 of Title 3 of the
United States Code, and as President of the United States, it is hereby
ordered as follows -

     SECTION 1. The Office of Personnel Management is hereby designated and
empowered to exercise, without the approval, ratification, or other action of
the President, the following:

     (1) The authority vested in the Office of Personnel Management by Section
605 of the Federal Employees Pay Act of 1945, 59 Stat. 304 (5 U.S.C. 945), to
issue, subject to the approval of the President, regulations necessary for the
administration of certain provisions of that Act insofar as the Act affects
officers and employees in or under the executive branch of the Government.

     (2) The authority vested in the President by Section 203(f) of the Annual
and Sick Leave Act of 1951, 65 Stat. 680 (5 U.S.C. 2062(f)), to prescribe
regulations governing the granting of leave of absence as described in that
Section.

     (3) Except as to Presidential appointees, the authority vested in the
President (A) by section 204 of the Act of June 30, 1932, 47 Stat. 404, to
exempt from automatic separation from the service under that Section any
person when, in his judgment, the public interest so requires, and (B) by
Section 5(c) of the Civil Service Retirement Act, 70 Stat. 748 (5 U.S.C.
2255(c)), to exempt from automatic separation from the service under Section 5
of that, Act any employee when, in his judgment, the public interest so
requires.

     (4) The authority vested in the President by Section 9(b)(8) of the
Federal Employees Salary Act of 1965 (approved October 29, 1965) to prescribe
rules and regulations excluding officers or employees from the application of
Section 9 of that Act.

     (5) The authority vested in the President by Section 9(c) of the Federal
Employees Salary Act of 1965 to prescribe rules and regulations governing
severance pay.

[Title and sec. 1 amended by EO 11257 of Nov. 13, 1965, 30 FR 14353, 3 CFR,
1964-1965 Comp., p. 357; EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978
Comp., p. 264]

     SEC. 2. The Director of the Office of Personnel Management is hereby
designated and empowered to exercise, without the approval, ratification, or
other action of the President, the authority vested in the President by
Section 304(e) of the Government Employees' Incentive Awards Act, 68 Stat.
1113 (5 U.S.C. 2123(e)), to determine the activity primarily benefiting, or
the various activities benefiting, from any suggestion, invention, superior
accomplishment, or other personal effort of any civilian officer or employee
of the Government which constitutes the basis of any Presidential award or
honorary recognition made or granted under Section 304(b) of that Act (5
U.S.C. 2123(b)).

[Sec. 2 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp.,
p. 264]

     SEC. 3. The following are hereby superseded:

     (1) Part II of Executive Order No. 10530 of May 10, 1954.

     (2) Executive Order No. 10682 of October 22, 1956.

     (3) Section 5 of Executive Order No. 10800 of January 15, 1959.

     (4) Executive Order No. 10835 of August 21, 1959.

     (5) So much of Section 2 of Executive Order No. 10903 of January 9, 1961,
as added paragraph (e) to Section 2 of Executive Order No. 10530 of
May 10, 1954.

     SEC. 4. (a) Unless inappropriate, references in this Order to any statute
or to any provision of any statute shall be deemed to include references
thereto as amended from time to time.

     (b) Unless inappropriate, any reference in any Executive order to any
Executive order which is superseded by this Order, or to any Executive order
provision so superseded, shall hereafter be deemed to refer to this Order or
to the provision of Section 1 or Section 2 of this Order, if any, which
corresponds to the superseded provision.

     SEC. 5. All actions heretofore taken by the President or by his delegates
in respect of the matters affected by Sections 1 and 2 of this Order and in
force at the time of the issuance of this Order, including any regulations
prescribed or approved by the President or by his delegates in respect of such
matters, shall, except as they may be inconsistent with the provisions of this
Order, remain in effect until amended, modified, or revoked pursuant to the
authority conferred by this Order unless sooner terminated by operation of
law.

Executive Order 11315 - Amending the Civil Service Rules to authorize an
     Executive Assignment System for positions in grades 16, 17, and 18 of the
     General Schedule

     SOURCE:  The provisions of Executive Order 11315 of Nov. 17, 1966, appear
at 31 FR 14729, 3 CFR, 1966-1970 Comp., p. 597 unless otherwise noted.

     WHEREAS, the increasing complexities of Government require personnel of
the highest attainable qualifications who are capable of assuming and
discharging efficiently major and varied duties and responsibilities in the
Executive Branch in response to present and future needs; and

     WHEREAS, this need for high quality can best be met by the establishment
of an executive assignment system for the top three grades of the General
Schedule, extending and adapting merit principles in recruitment, selection,
and development, combined with improvements in the identification, assignment
and utilization of key personnel:

     NOW, THEREFORE, by virtue of the authority vested in me by the
Constitution of the United States, by 5 U.S.C. 3301 and 3302, and as President
of the United States, it is ordered as follows:

Part I. Civil Service Rules

Part II. Special Provisions for Transition to the Full Establishment of
     Executive Assignments under Rule IX

     SEC. 3. Effective dates This order, except section 1, is effective upon
filing for publication in the FEDERAL REGISTER.  Section 1 of this order is
effective not later than one year from the date of this order, or at such
earlier dates as the Office of Personnel Management may specify for individual
agencies or positions.

[Sec. 3 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp.,
p. 264]

     SEC. 4. Interim appointments After the date of this order and before
Civil Service Rule IX has become effective as to a position, an appointing
officer may fill the position in accordance with the appointment system in
effect on the day of the appointment.

     SEC. 5. Conversion of incumbents On the day Civil Service Rule IX becomes
effective as to a position, the appointment of the incumbent of that position
shall be changed as follows:

     (a) If he is serving under a career or career-conditional appointment in
the competitive service, he shall be converted to a Career Executive
Assignment;

     (b) If he is serving in the excepted service under a nontemporary
appointment, he shall be converted to a Noncareer Executive Assignment;

     (c) If he is serving in the competitive service under an indefinite or
temporary appointment without definite time limit and:

     (1) if he has served under this type of appointment for at least five
years, he shall be:

     (i) converted to a Career Executive Assignment, or appointed to a
continuing position in the competitive service in grade GS-15, or below;

     (ii) converted to a Noncareer Executive Assignment; or (iii) separated
from the service; or

     (2) if he has served under this type of appointment for less than five
years, he shall be:

     (i) converted to a Noncareer Executive Assignment;

     (ii) separated from the service; or

     (iii) allowed to continue to serve until he has served five years, at
which time the appointing officer shall take one of the actions provided for
in subparagraph (1) of this paragraph.

     An incumbent who is serving under any other type of appointment shall
continue under that appointment until it is terminated.

Part III.  Administration

     SEC. 6. Office responsibilities The Office of Personnel Management is
responsible to the President for the effective implementation and
administration of the executive assignment system established by this Order.
The Office shall continuously review operations under this system, shall
recommend promptly to the President any changes that are necessary to improve
this system, and shall report periodically to the President any significant
developments in the operation of the system.  The Office shall recommend to
the President a program of special honors and awards for the recognition of
persons assigned to Career Executive Assignments and a program for the
development and training of persons assigned to Career Executive Assignments.
The training program shall include the establishment of special training and
educational facilities, and provide for the relevant use of outside training
facilities.

[Sec. 6 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp.,
p. 264]

     SEC. 7. Responsibilities of the agencies.  The head of each agency in
which there are positions covered by Civil Service Rule IX shall periodically
review with the Office of Personnel Management his plans for staffing.  The
head of a newly established agency shall initially review with the Office his
plans for staffing as soon as practicable after the establishment of the
agency.  The head of each agency shall cooperate fully with the Office in the
establishment of special facilities and special boards and panels that are
required under Civil Service Rule IX as a means of recruiting persons of the
highest quality.

[Sec. 7 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp.,
p. 264]

     SEC. 8. Regulations.  The Office of Personnel Management shall prescribe
such regulations as may be necessary to carry out the purpose and intent of
this Order.

[Sec. 8 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp.,
p. 264]

Executive Order 11348 - Providing for the further training of Government
     employees

     SOURCE:  The provisions of Executive Order 11348 of Apr. 20, 1967, appear
at 32 FR 6335, 3 CFR, 1966-1970 Comp., p. 639, unless otherwise noted.

     By virtue of the authority vested in me by section 301 of Title 3 of the
United States Code and by section 2 of the Act of July 7, 1958 (72 Stat. 327),
it is ordered as follows:

Part I - General

     SECTION 101. (a) As used in this order, the terms "agency", "employee",
"Government and "training" have the meanings given to those terms,
respectively, by section 4101 of Title 5, United States Code.

     (b) "Interagency training" means training provided by one agency for
other agencies or shared by two or more agencies.

     SEC. 102. It is the policy of the Government of the United States to
develop its employees through the establishment and operation of progressive
and efficient training programs, thereby improving public service, increasing
efficiency and economy, building and retaining a force of skilled and
efficient employees, and installing and using the best modern practices and
techniques in the conduct of the Government's business.

     SEC. 103. The Office of Personnel Management shall provide leadership and
guidance to insure that the policy set forth in section 102 is carried out.

[Sec. 103 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp.,
p. 264]

Part II - Office of Personnel Management Responsibilities

     SEC. 201. The Office of Personnel Management shall plan and promote the
development, improvement, coordination, and evaluation of training in
accordance with chapter 41 of Title 5, United States Code, and with the policy
set forth in section 102 of this order.

[Part title and sec. 201 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3
CFR, 1978 Comp., p. 264]

     SEC. 202. In carrying out its responsibilities under chapter 41 of Title
5, United States Code, and section 201 of this order, the Office shall:

     (a) Advise the President on means for furthering and strengthening
programs of training;

     (b) Counsel heads of agencies and other agency officials on the
improvement of training;

     (c) Assist agencies to develop sound programs and financial plans for
training and provide advice, information, and assistance to agencies on
planning, programming, budgeting, operating, and evaluating training programs;

     (d) Identify functional areas in which new or expanded interagency
training activity is needed and either conduct such training or arrange for
agencies having the substantive competence to do so;

     (e) Coordinate interagency training conducted by and for agencies
(including agencies and portions of agencies excepted by section 4102(a) of
Title 5, United States Code);

     (f) Encourage agencies to make appropriate use of non-Government training
resources;

     (g) Develop, install, and maintain a system to provide the training data
needed to carry out its own functions and to provide staff assistance to the
President; and

     (h) Provide for identification and dissemination of findings of research
into training technology and undertake, or assign to other agencies, such
research projects as may be needed.

[Sec. 202 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp.,
p. 264]

Part III - Agency Responsibilities and Operations

     SEC. 301. The head of each agency shall plan, program, budget, operate,
and evaluate training programs in accordance with chapter 41 of Title 5,
United States Code, and with the policy set forth in section 102 of this
order.

     SEC. 302. The head of each agency shall:

     (a) Foster employee self-development by creating a work environment in
which self-development is encouraged, by assuring that opportunities for
training and self-study materials are reasonably available where the employee
is stationed, and by recognizing self-initiated improvement in performance;

     (b) Provide training for employees without regard to race, creed, color,
national origin, sex, or other factors unrelated to the need for training;

     (c) Establish and make full use of agency facilities for training
employees;

     (d) Extend agency training programs to employees of other agencies
(including agencies and portions of agencies excepted by section 4102(a) of
Title 5, United States Code) and assign his employees to interagency training
whenever this will result in better training, improved service, or savings to
the Government;

     (e) Establish interagency training facilities in areas of substantive
competence as arranged by the Office of Personnel Management; and

     (f) Use non-Government training resources as appropriate. [Sec. 302
amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264]

     SEC. 303. In carrying out his responsibilities, the head of each agency
shall, consonant with chapter 41 of Title 5, United States Code, this order,
and regulations of the Office of Personnel Management:

     (a) Review periodically, but not less often than annually, the agency's
program to identify training needed to bring about more effective performance
at the least possible cost;

     (b) Conduct periodic reviews of individual employee's training needs as
related to program objectives;

     (c) Conduct research related to training objectives and required for
program improvement and effectiveness;

     (d) Plan, program, and evaluate training for both short and longrange
program needs by occupations, organizations, or other appropriate groups;

     (e) Establish priorities for needed training, and provide for the use of
funds and man-hours in accordance with these priorities;

     (f) Utilize the flexibility of work assignments to provide work
experience which promotes growth leading to higher quality and greater
quantity of work done;

     (g) Establish training facilities and services as needed'

     (h) Monitor the effectiveness with which self-development is encouraged
and on-the-job training is provided at all levels;

     (i) Establish criteria for the selection of employees for training; and
Approve the acceptance of any contributions, awards, or payments to employees
authorized by section 401(b) of this order and regulations issued by the
Office of Personnel Management.

[Sec. 303 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp.,
p. 264]

Part IV - Delegations

     SEC. 401. The following functions vested in the President are hereby
delegated to the Office of Personnel Management:

     (a) The authority under section 4102(b)(1) of Title 5, United States
Code, to designate any agency or part thereof, or any employee or employees
therein, as excepted from any provision of chapter 41 of Title 5, United
States Code, other than sections 4102, 4111(b), and 4112; and to designate any
such agency or part thereof or any employee or employees therein previously
excepted, as again subject to chapter 41 of Title 5, United States Code, or
any provision of that chapter.

     (b) The authority under section 4111(a) of Title 5, United States Code,
to fix by regulation the extent to which the contributions, awards, and
payments referred to in that section may be made to and accepted by employees.

[Sec. 401 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp.,
p. 264]

     SEC. 402. The authority vested in the President by section 4101(6)(B) of
Title 5, United States Code, to designate a foreign government or
international organization or instrumentality of either as eligible to provide
training, is hereby delegated to the head of each agency for his employees
except that each such designation shall be made only after the agency head
concerned has obtained and given due consideration to the advice of the
Department of State thereon prior to the first use of such training facility
and thereafter periodically but not less often than every three years.

Part V - Revocation of Prior Order

     SEC. 501. Executive Order No. 10800 of January 15, 1959, is hereby
revoked.