home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
Complete Home & Office Legal Guide
/
Complete Home and Office Legal Guide (Chestnut) (1993).ISO
/
stat
/
fed
/
cfr2635a.asc
< prev
next >
Wrap
Text File
|
1993-08-01
|
15KB
|
374 lines
PART 2635 -- STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE
EXECUTIVE BRANCH (Eff. 2 - 3 - 93)
Subpart A -- General Provisions
Sec.
2635.101 Basic obligation of public service.
2635.102 Definitions.
2635.103 Applicability to members of the uniformed services.
2635.104 Applicability to employees on detail.
2635.105 Supplemental agency regulations.
2635.106 Disciplinary and corrective action.
2635.107 Ethics advice.
Subpart B -- Gifts From Outside Sources
2635.201 Overview.
2635.202 General standards.
2635.203 Definitions.
2635.204 Exceptions.
2635.205 Proper disposition of prohibited gifts.
Subpart C -- Gifts Between Employees
2635.301 Overview.
2635.302 General standards.
2635.303 Definitions.
2635.304 Exceptions.
Subpart D -- Conflicting Financial Interests
2635.401 Overview.
2635.402 Disqualifying financial interests.
2635.403 Prohibited financial interests.
Subpart E -- Impartiality in Performing Official Duties 2635.501
Overview.
2635.502 Personal and business relationships.
2635.503 Extraordinary payments from former employers.
Subpart F -- Seeking Other Employment
2635.601 Overview.
2635.602 Applicability and related considerations.
2635.603 Definitions.
2635.604 Disqualification while seeking employment.
2635.605 Waiver or authorization permitting participation while
seeking employment.
2635.606 Disqualification based on an arrangement concerning
prospective employment or otherwise after negotiations.
Subpart G -- Misuse of Position
2635.701 Overview.
2635.702 Use of public office for private gain.
2635.703 Use of nonpublic information.
2635.704 Use of Government property.
2635.705 Use of official time.
Subpart H -- Outside Activities
2635.801 Overview.
2635.802 Conflicting outside employment and activities.
2635.803 Prior approval for outside employment and activities.
2635.804 Outside earned income limitations applicable to certain
Presidential appointees and other noncareer employees.
2635.805 Service as an expert witness.
2635.806 Participation in professional associations. [Reserved]
2635.807 Teaching, speaking and writing.
2635.808 Fundraising activities.
2635.809 Just financial obligations.
Subpart I -- Related Statutory Authorities
2635.901 General.
2635.902 Related statutes.
Authority: 5 U.S.C. 7351, 7353; 5 U.S.C. App. (Ethics in
Government Act of 1978); E.O. 12674, 54 FR 15159, 3 CFR, 1989
Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR,
1990 Comp., p. 306.
Source: 57 FR 35042, Aug. 7, 1992, unless otherwise noted.
Effective Date Note: At 57 FR 35042, Aug. 7, 1992, part
2635 was revised, effective February 3, 1993. For the convenience
of the reader, part 2635 remaining in effect until February 3,
1993 follows the text of this new part.
Subpart A -- General Provisions
2635.101 Basic obligation of public service.
(a) Public service is a public trust. Each employee has a
responsibility to the United States Government and its citizens
to place loyalty to the Constitution, laws and ethical principles
above private gain. To ensure that every citizen can have
complete confidence in the integrity of the Federal Government,
each employee shall respect and adhere to the principles of
ethical conduct set forth in this section, as well as the
implementing standards contained in this part and in supplemental
agency regulations.
(b) General principles. The following general principles
apply to every employee and may form the basis for the standards
contained in this part. Where a situation is not covered by the
standards set forth in this part, employees shall apply the
principles set forth in this section in determining whether their
conduct is proper.
(1) Public service is a public trust, requiring employees
to place loyalty to the Constitution, the laws and ethical
principles above private gain.
(2) Employees shall not hold financial interests that
conflict with the conscientious performance of duty.
(3) Employees shall not engage in financial transactions
using nonpublic Government information or allow the improper use
of such information to further any private interest.
(4) An employee shall not, except as permitted by subpart
B of this part, solicit or accept any gift or other item of
monetary value from any person or entity seeking official action
from, doing business with, or conducting activities regulated by
the employee's agency, or whose interests may be substantially
affected by the performance or nonperformance of the employee's
duties.
(5) Employees shall put forth honest effort in the
performance of their duties.
(6) Employees shall not knowingly make unauthorized
commitments or promises of any kind purporting to bind the
Government.
(7) Employees shall not use public office for private
gain.
(8) Employees shall act impartially and not give
preferential treatment to any private organization or individual.
(9) Employees shall protect and conserve Federal property
and shall not use it for other than authorized activities.
(10) Employees shall not engage in outside employment or
activities, including seeking or negotiating for employment, that
conflict with official Government duties and responsibilities.
(11) Employees shall disclose waste, fraud, abuse, and
corruption to appropriate authorities.
(12) Employees shall satisfy in good faith their
obligations as citizens, including all just financial
obligations, especially those -- such as Federal, State, or local
taxes -- that are imposed by law.
(13) Employees shall adhere to all laws and regulations
that provide equal opportunity for all Americans regardless of
race, color, religion, sex, national origin, age, or handicap.
(14) Employees shall endeavor to avoid any actions
creating the appearance that they are violating the law or the
ethical standards set forth in this part. Whether particular
circumstances create an appearance that the law or these
standards have been violated shall be determined from the
perspective of a reasonable person with knowledge of the relevant
facts.
(c) Related statutes. In addition to the standards of
ethical conduct set forth in this part, there are conflict of
interest statutes that prohibit certain conduct. Criminal
conflict of interest statutes of general applicability to all
employees, 18 U.S.C. 201, 203, 205, 208, and 209, are summarized
in the appropriate subparts of this part and must be taken into
consideration in determining whether conduct is proper. Citations
to other generally applicable statutes relating to employee
conduct are set forth in subpart I and employees are further
cautioned that there may be additional statutory and regulatory
restrictions applicable to them generally or as employees of
their specific agencies. Because an employee is considered to be
on notice of the requirements of any statute, an employee should
not rely upon any description or synopsis of a statutory
restriction, but should refer to the statute itself and obtain
the advice of an agency ethics official as needed.
2635.102 Definitions.
The definitions listed below are used throughout this
part. Additional definitions appear in the subparts or sections
of subparts to which they apply. For purposes of this part:
(a) Agency means an executive agency as defined in 5
U.S.C. 105 and the Postal Service and the Postal Rate Commission.
It does not include the General Accounting Office or the
Government of the District of Columbia.
(b) Agency designee refers to any employee who, by agency
regulation, instruction, or other issuance, has been delegated
authority to make any determination, give any approval, or take
any other action required or permitted by this part with respect
to another employee. An agency may delegate these authorities to
any number of agency designees necessary to ensure that