(d). That official will take, or refer the request for, action as appropriate, and will see that the employee receives advice or decision on his request. (b) A file of all waivers or exemptions granted shall be maintained in such manner that information can be given promptly on individual cases or statistics provided upon request. Unless the Secretary specifically provides for maintenance elsewhere, these records, together with written advice given in connection with less formal requests concerning questions of ethical standards, are kept with the employee's statement of employment and financial interests, required to be filed in the personnel office in accordance with § 73.735-1203(d). § 73.735-1209 Salary from two sources. Special Government employees are not subject to 18 U.S.C. 209 which prohibits other employees from receiving any salary, or supplementation of Government salary from a private source as a compensation for services to the Government. As a matter of policy this Department will not knowingly pay per diem to a consultant who also receives per diem pay for the same day from another Government agency (in or outside the Department). APPENDIX A-INDEX TO SOME STATUTES AND EXECUTIVE ORDERS RELATED TO CONFLICT OF INTEREST AND OTHER PROHIBITED ACTIVITIES SUBJECT AND CITATION A. Relating to Present Employees. 1. Code of Ethics for Government Service (H. Con. Res. 175, 85th Cong., 2d sess., 72 Stat. B12). 2. Acceptance of gift or favor made with intent of influencing decision or action on any official matter (18 U.S.C. 201). 3. Compensation from outside sources for services rendered in relation to any application, proceeding, contract, etc., in any matter in which the United States has a direct and substantial interest (18 U.S.C. 203). 4. Acting as agent or attorney (1) for prosecution or aiding in prosecution of any claim against the United States, or (2) for anyone before any Department, agency, court, etc., in connection with a particular matter in which the United States is a party or has a direct and substantial interest (18 U.S.C. 205). 5. Participating personally and substantially as a Government employee in any application, request for a ruling, contract or other particular matter in which he, to his knowledge, or his spouse, minor child, or any organization with which he is negotiating, has a financial interest, direct or indirect (18 U.S.C. 208). 6. Receipt of any salary or contribution to or supplementation of salary as compensation for services as a Government employee from any other source than the Govern ment (18 U.S.C. 209). 7. Use of appropriated funds, services, or communications with intent to influence any member of Congress to favor or oppose any legislation or appropriation (18 U.S.C. 1913). 8. Participation in strike against Govern. ment (5 U.S.C. 7311, 18 U.S.C. 1918). 9. Advocating the overthrow of the constitutional form of Government in the United States or being a member of an organization that so advocates (5 U.S.C. 7311). 10. Being a member of the Communist Party of the United States of America, and contributing funds or services to that party (50 U.S.C. 784). 11. Disclosing confidential information or classified information (18 U.S.C. 798, 50 U.S.C. 783, 18 U.S.C. 1905). 12. Habitual use of intoxicants to excess (5 U.S.C. 7352). 13. Using or authorizing the use of Government automobiles for other than official purposes (13 U.S.C. 635a(c)). 14. Using official envelope or label to avoid payment of postage (18 U.S.C. 1719). 15. Deceiving in an examination or personnel action in connection with Government employment (18 U.S.C. 1917). 16. Practicing fraud or making false statements in a Government matter (18 U.S.C. 1001). 17. Mutilating or destroying a public record (18 U.S.C. 2071). 18. Falsely making, forging, or attempting to pass a forged or altered travel request (18 U.S.C. 508). 19. Taking for own use or use of another any Government record, voucher, money, or thing of value (18 U.S.C. 641). 20. Failure to account for public money received (18 U.S.C. 643). 21. Embezzling money or property of another person in the possession of an employee by reason of this employment (18 U.S.C. 654). 22. Taking or attempting to use vouchers or documents intended to be used to procure payments by the United States (18 U.S.C. 285). 23. Prohibition against certain political activities (subchapter III of Chapter 73 of title 130 Foreign Affairs Series. 27. Acting as an agent of a foreign principal registered under the Foreign Agents Registration Act (18 U.S.C. 219). B. Relating to Former Employees. 28. After having been employed by the United States, a. At any time after his employment has ceased, acting as agent or attorney for anyone other than the Government in connection with any application, contract, claim, proceeding or other matter against the United States, involving a specific party, in any matter in which the United States has an interest, and in which he participated personally and substantially as a Government employee. b. Within 2 years after his employment has ceased, appearing personally before any agency in connection with any application, contract, claim, proceeding, or other matter against the United States, involving a specific party, which was under his official responsibility as a Government employee (18 U.S.C. 207). 29. Prohibits any department, agency, or officer from supervision, direction, or control over, the personnel and projects assisted by the Act (20 U.S.C. 757). 30. National Defense Education Act: Restricts the receipt of payment in salary by an appointee in Government service from any source other than the private employer of the appointee (20 U.S.C. 583(a) (b)). 31. Area Redevelopment Act: Regarding restriction of financial assistance and employment to expediters and administrative employees who have occupied positions involving discretion within certain period (42 U.S.C. 2516). 32. Officers or employees of the Department owning interest in or receiving money or services from any educational institution operated for profit in which an eligible veteran is pursuing a course of education or training under the Veterans Readjustment Assistance Act of 1952 (sec. 264 of the Veterans Readjustment Assistance Act of 1952, Pub. L. 550, 82d Cong.). APPENDIX B-PROFESSIONAL OCCUPATIONS Following is a list of series of positions subject to Chapter 51 of title 5, United States Code that include professional positions. Positions not subject to that chapter 690 Industrial Hygiene Series. 701 Veterinary Medical Sciences Series. 810 Civil Engineering Series. Petroleum Production and Natural- 890 Agricultural Engineering Series. 920 Estate Tax Examining Series. 935 Hearing Examiner Series. 942 Deportation and Exclusion Examining 1350 Geology Series. 1360 Oceanography Series. 1370 Cartography Series. 1372 Geodesy Series. 1373 Cadastral Surveying Series. 1380 Forest Products Technology Series. 1382 Food Technology Series. 1384 Textile Technology Series. 1390 Technology Series. 1420 Archives Series. 1510 Actuary Series. 1520 Mathematics Series. 1529 Mathematical Statistician Series. 1530 Statistician Series. 1540 Cryptography Series. 1710 Education and Vocational Training Series. 1720 Education Research and Program Series. 1725 Public Health Educator Series. APPENDIX C—[RESERVED] APPENDIX D-CONFIDENTIAL STATEMENT OF EMPLOYMENT AND FINANCIAL INTERESTS (FOR USE BY REGULAR GovERNMENT EMPLOYEES) EDITORIAL NOTE: This appendix was filed as part of original document published at 33 FR 5918, Apr. 17, 1968. APPENDIX E-CONFIDENTIAL STATEMENT OF EMPLOYMENT AND FINANCIAL INTERESTS (FOR USE BY SPECIAL GovERNMENT EMPLOYEES) Seek to find and employ more efficient and economical ways of getting tasks accomplished. Never discriminate unfairly by the dispensing of special favors or privileges to anyone, whether for remuneration or not; and never accept, for himself or his family, favors or benefits under circumstances which might be construed by reasonable persons as influencing the performance of his governmental duties. Make no private promises of any kind binding upon the duties of office, since a Government employee has no private word which can be binding on public duty. Engage in no business with the Government, either directly or indirectly, which is inconsistent with the conscientious performance of his governmental duties. Never use any information coming to him confidentially in the performance of governmental duties as a means for making private profit. Expose corruption wherever discovered. Uphold these principles, ever conscious that public office is a public trust. (This Code of Ethics was agreed to by the House of Representatives and the Senate as House Concurrent Resolution 175 in the Second Session of the 85th Congress. The Code applies to all Government Employees and Office Holders.) |