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(a)(2)(ii)(A) or (a)(2)(ii)(C) of this section.

(b) Non-official travel. (1) An employee may accept payment in cash or kind for travel or expenses incident to travel of a non-official nature if acceptance is compatible with the other standards contained in this part, including, for example, the provisions on accepting gifts in § 73.20(a).

(2)(i) The employee should refer to his or her supervisor any question as to whether the employee's travel is of an official or non-official nature.

(ii) In determining whether the employee's travel is of an official or nonofficial nature, the supervisor considers such factors as the relationship of the trip's purpose to the employee's official duties, the Department's interest in the employee's participation in the activity for which travel is taken, and the employee's independent interest in the activity or relationship to the sponsor of the trip.

(3)(i) Unless it raises a question under paragraph (b) (1) or (2) of this section, the employee's acceptance of payment for non-official travel is not subject to approval procedures referenced in paragraph (a) of this section.

(ii) However, the non-official travel may be subject to prior approval as an outside activity under § 73.22.

(c) Awards. An employee may accept an award for a meritorious public contribution or achievement from a charitable, religious, professional, social, fraternal, non-profit educational, recreational, public service, or civic organization if acceptance of the award is compatible with the other standards in this part.

(Authority: 5 U.S.C. 4111; 5 CFR 735.203)

§ 73.22 Outside employment and other activities.

(a) General. (1) An employee may not engage in outside employment or other outside activity incompatible with the full and proper discharge of the duties and responsibilities of his or her Government employment.

(2) Incompatible activities include, but are not limited to

(i) Acceptance of a fee, compensation, gift, payment of expenses, or any other thing of monetary value in cir

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(iii) Outside activity that

(A) Conflicts with the interests of the Government; or

(B) Could reasonably be construed by the public to be official acts of the Government.

(b) Prior approval. (1) Except as provided in paragraph (b)(2) of this section, an employee who intends to engage in outside employment or in other outside activity shall obtain prior approval from his or her principal officer in accordance with procedures of the Department.

(2) Prior approval is not required if the outside activity will not

(i) Be performed during the employee's regular work hours;

(ii) Aggregate 10 or more hours a week;

(iii) Involve public writing or speaking;

(iv) Involve services for a prohibited source, as defined in § 73.20(a)(2), or services that relate to any matters funded by or regulated by another Federal agency; and

(v) Reasonably raise questions under the standards in this part.

(3) The principal officer files in his or her immediate office a record of each approval under this paragraph.

(4) The Secretary issues guidelines giving specific examples of outside activities that are incompatible with Government duties.

(5) The requirement of paragraph (b)(1) of this section does not apply to a special Government employee.

(c) Disclaimer-(1) General. (i) In engaging in an outside activity-including speaking, teaching, or writing-an employee may not use his or her official title or affiliation with the Department except as provided in paragraph (c)(1)(ii) of this section.

(ii) An employee may mention his or her official title or affiliation with the Department to identify the employee's background or experience in a manner that does not suggest or convey official endorsement of the activity.

(2) Outside activity related to official duties. If the employee engages in any outside activity related to his or her official duties or to programs of the Department and if the employee's title and affiliation are used or known by the audience, the employee shall include a disclaimer stating that—

(i) The activity was undertaken by the employee in his or her private capacity; and

(ii) No official support or endorsement by the Department is intended or should be inferred.

(d) Speaking, teaching, or writing. (1) Either for or without compensation, the employee may not engage in making speeches, teaching, or writing that is dependent on information obtained as a result of his or her Government employment, unless

(i) The Government has made the information available to the general public or will make it available on request; or

(ii) The employee receives written approval from an authorized Department official for the use of the information on the basis that the use is in the public interest.

(2) The prohibition in paragraph (d)(1) of this section includes lecturing or writing for the purpose of special preparation of a person or class of persons for an examination of the Office of Personnel Management or the Board of Examiners for the Foreign Service.

(e) Certain Presidential appointees. An employee who is a Presidential appointee covered by section 401(a) of E.O. 11222 may not receive compensation or anything of monetary value for any consultation, lecture, discussion, writing, or appearance if the subject of this activity

(1) Is devoted substantially to the responsibilities, programs, or operations of the Department; or

(2) Draws substantially on official data or ideas that have not become public information.

(f) Monetary limitations. (1)(i) An employee may not accept an honorarium in excess of $2,000 for any appearance, speech, or article.

(ii) The maximum amount permissible under paragraph (f)(1)(i) of this section does not include amounts the employee may accept for actual travel and subsistence expenses for the employee and his or her spouse or aide.

(iii) Any honorarium, or any part thereof, paid by or on behalf of the employee to a charitable organization is deemed not to be accepted for purposes of paragraph (f)(1)(i) of this section.

(2)(i) An employee compensated at a pay grade of GS-16 or above who occupies a full-time PAS position, as defined in paragraph (f)(2)(ii) of this section, may not in any calendar year have outside earned income attributable to that calendar year in excess of 15 percent of the employee's salary.

(ii) As used in paragraph (f)(2)(i) of this section, “PAS position” means a position that is required to be filled by Presidential appointment by and with the advice and consent of the Senate.

(g) Updates. If an employee wishes to renew approval of outside employment or other outside activity, the employee must file an annual update for approval by the principal officer in accordance with applicable procedures of the Department.

(Authority: 2 U.S.C. 441i, 5 CFR 735.203, 734.501)

Subpart D-Specific Prohibitions

§ 73.30 Criminal conflict of interest prohibitions.

An employee who violates any of the following prohibitions contained in the Federal criminal code is subject to punishment by fine, imprisonment, or both and to penalties for violating the standards in this section:

(a) Compensation in matters affecting the Government. (1) Except as provided by law for the proper discharge of official duties, an employee may not receive or agree to receive directly or indirectly compensation for any service rendered or to be rendered by the employee or another person in relation to any proceeding in which the

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Government is a party or has a direct and substantial interest.

(2) As used in paragraph (a)(1) of this section

(1) The word "receive" also means to ask, demand, solicit, or seek; and

(ii) The word "proceeding" also means application, request for a ruling or other determination, contract,

claim, controversy, charge, accusation, arrest, or other particular matter before any department, agency, courtmartial, or officer or any civil, military, or naval commission.

(Authority: 18 U.S.C. 203)

(b) Claims against or matters affecting the Government. (1) Except as provided by law for the proper discharge of official duties, an employee may not

(i) Act as an agent or attorney for prosecuting any claim against the United States; or

(ii) Act as an agent or attorney for anyone before any department, agency, court, court-martial, officer, or any civil, military, or naval commission in connection with any proceeding in which the United States is a party or has a direct and substantial interest.

(2) As used in paragraph (b)(1) of this section

(i) The words "prosecuting any claim" also mean receiving any gratuity-or any share of or interest-in a claim for assisting in its prosecution; and

(ii) The word "proceeding" also means application, request for a ruling

or

other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter.

(Authority: 18 U.S.C. 205)

(c) Special Government employee. (1) A special Government employee is subject to the prohibitions in paragraphs (a) and (b) of this section only in relation to a particular matter involving a specific party or parties

(i) In which the employee has at any time participated personally and substantially as a Government employee or as a special Government employee, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise; or

(ii) That is pending in the Department.

(2) Paragraph (c)(1)(ii) of this section does not apply to a special Government employee who has served in the Department no more than 60 days during the immediately preceding period of 365 consecutive days.

(Authority: 18 U.S.C. 203, 205)

(d) Permissible activities. Notwithstanding the prohibitions in paragraphs (a)-(c) of this section, an employee may—

(1) If not inconsistent with the faithful discharge of the employee's duties, act without compensation as agent or attorney for any person who is the subject of a disciplinary, loyalty, or other personnel administration proceeding-including an equal employment opportunity complaint-in connection with that proceeding;

(2) With the approval of the Government official responsible for the employee's appointment to his or her position, act, with or without compensation, as agent or attorney for the employee's parents, spouse, child, or any person for whom, or for any estate for which, the employee is serving as guardian, executor, administrator, trustee, or other personal fiduciary, except in those matters

(i) In which the employee has participated personally and substantially as a Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise; or

(ii) That are the subject of the employee's official responsibility.

(3) Give testimony under oath or make statements required to be made under penalty for perjury or contempt; and

(4) In the case of a special Government employee, act as agent or attorney for another person in the performance of work under a grant by or a contract with, or for the benefit of, the Government, if the head of the agency concerned with the grant or contract certifies in the FEDERAL REGISTER that the national interest requires this.

(Authority: 18 U.S.C. 203, 205)

(e) Disqualification of former employees. (1)(i)(A) A former employee may not represent any other person before the Government with respect to a particular matter involving a specific party or parties in which the employee was personally and substantially involved in his or her Government service.

(B) The prohibition in paragraph (e)(1)(i)(A) of this section is a permanent bar for the former employee.

(ii)(A) A former employee may not represent any other person before the Government on a particular matter involving a specific party or parties that was actually pending under the employee's official area of responsibility during the last year of that responsibility.

(B) The prohibition in paragraph (e)(1)(ii)(A) of this section applies for two years after leaving the responsibility described therein.

(2) Subject to the exemptions in 18 U.S.C. 207, a former senior employeefor one year after leaving the senior employee position-may not appear before or communicate to the Department on behalf of anyone in an attempt to influence a particular matter pending before the Department or in which the Department has a direct and substantial interest.

(3)(i) A former senior employee may not assist by personal presence in representing any other person in connection with a particular matter

(A) Involving a specific party or parties;

(B) In which the United States has a direct or substantial interest; and

(C) In which the senior employee participated personally and substantially.

(ii) The prohibition in paragraph (e)(3)(i) of this section applies for two years after leaving the senior employee position.

(4) These restrictions are further defined by regulation (5 CFR Part 737). (Authority: 18 U.S.C. 207)

(f) Acts affecting a personal financial interest. (1) An employee may not participate personally and substantially in a particular matter in which-to the employee's knowledge-the employee, the employee's spouse, minor

child, or partner, or a profit or nonprofit enterprise in which the employee is serving as an officer, director, trustee, partner, or employee-or any person or enterprise with which the employee is negotiating or has an arrangement concerning prospective employment-has a financial interest.

(2) If a financial interest arises from ownership by the employee-or other person or enterprise referred to in paragraph (f)(1) of this section-of stock in a widely diversified mutual fund or other regulated investment company that in turn owns stock in another enterprise, that financial interest is exempt from the prohibition in paragraph (f)(1) of this section.

(3) The Secretary may grant an exemption to the prohibition in paragraph (f)(1) of this section in other cases if the financial interest is not so substantial as to affect the integrity of the employee's services.

(Authority: 18 U.S.C. 208)

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§ 73.31 Political activity.

(a) General prohibitions. (1) An employee may not use official authority or influence to interfere with or affect the result of an election.

(2)(i) A covered employee may not take an active part in partisan political management or in partisan political campaigns, except as provided in paragraph (d) of this section.

(ii) For purposes of this section, the term "covered employee" includes every employee-including competitive and excepted service and Schedule C employees-except an employee who

(A) Is appointed by the President by and with the advice and consent of the Senate; and

(B) Determines policies to be pur sued by the United States in the na tionwide administration of Federal laws.

(iii) A special Government employee is subject to the restriction in paragraph (a)(2)(i) of this section only when the employee is in active duty status and for the entire 24 hours of any day when in that status.

(3) The penalties for violation of this section include suspension without pay for a minimum of 30 days and removal.

(b) Prohibited activities. Types of activities prohibited by paragraph (a)(2)(i) of this section include, but are not restricted to, the following:

(1)(i) Being a candidate or campaigning for or against a candidate in a partisan election.

(ii) As used in this section, "partisan election" means an election for public office in which any candidate is running as a representative of a political party whose candidate for President of the United States received electoral votes in the last Presidential election.

(2) Making a campaign speech or engaging in a campaign activity in a partisan election.

(3) Collecting contributions for a political party or candidate or selling tickets to political fund-raising functions.

(4) Holding office in political clubs. (c) Permissible activities. Types of activities not prohibited by paragraph (a)(2)(i) of this section include, but are not restricted to, the following:

(1) Registering and voting-including voting in a party primary or caucus-and signing nominating petitions.

(2) Expressing opinions about candidates and issues.

(3) Attending political rallies and meetings or political fund-raising functions.

(4) Contributing money to political organizations.

(5) Participating in the nonpartisan activities of a civic, community, social, labor, or professional organization, or of a similar organization.

(6) Being a member of a political party or other political organization.

(7) Taking an active part as a candidate or in support of a candidate in a nonpartisan election.

(d) Partial exemption in designated communities. An employee living in a community designated by OPM may

participate—as, or on behalf of, an independent candidate-in political management and political campaigns in a partisan election involving that community, so long as that participation does not result in neglect of or interference with the performance of the employee's duties or create a conflict, or apparent conflict, of interests. (Authority: 5 U.S.C. Chapter 73; 5 CFR Part 733)

§ 73.32 Conduct related to drugs.

(a) An employee may not use an illegal drug or participate in illegal drug activities.

(b)(1) As used in this section, the term "illegal drug" means a controlled substance

(i) Defined by 21 U.S.C. 802(6) and included in Schedule I or II of 21 U.S.C. Chapter 13, Subchapter I, Part B; and

(ii) The possession of which is unlawful under chapter 13 of title 21. (2) The term does not include a controlled substance used

or

(i) According to a valid prescription;

(ii) For another purpose authorized by law.

(c) As used in this section, the term "illegal drug activity" includes, but is not limited to, possession, distribution, or sale of an illegal drug.

(Authority: E.O. 12564)

§ 73.33 Use of Government property.

(a)(1) An employee may not directly or indirectly use, or allow the use of, Government property of any kind-including property leased to the Government-for other than an officially approved activity.

(2) The employee shall follow departmental directives prohibiting the unauthorized use of Government property for personal purposes.

(b) The employee shall protect and conserve Government property, including equipment, supplies, and other property entrusted or issued to the employee.

(c) As used in this section, property includes, but is not restricted to, telephones, office supplies, copying machines and other office equipment, official identification and credit cards,

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