Because the audit is essentially complete and because the employee is the only one with an intimate knowledge of the case, the agency designee might determine, after considering all relevant circumstances, that it is in the Government's interest for the employee to complete the audit, which is subject to additional levels of review. If selected, the partner would receive a substantial increase in salary. (y) The restrictions on disclosure of certain sensitive Government information under the Freedom of Information Act and the Privacy Act (5 U.S.C. An employee who promptly consults his or her agency ethics official to determine whether acceptance of an unsolicited gift is proper and who, upon the advice of the ethics official, returns the gift or otherwise disposes of the gift in accordance with this section, will be considered to have complied with the requirements of this section on the employee's own initiative. (c) Endorsements. An agency may delegate these authorities to any number of agency designees necessary to ensure that determinations are made, approvals are given, and other actions are taken in a timely and responsible manner. (ii) Other than pursuant to the former employer's established compensation, partnership, or benefits program. (3) Notwithstanding paragraph (b)(1) of this section, an employee who accepts a gift that qualifies for an exception under 2635.204 does not violate this subpart or the Principles of Ethical Conduct set forth in 2635.101(b). 208(a), an employee shall disqualify himself from participation in the matter in accordance with paragraph (c) of this section or obtain a waiver or determine that an exemption applies, as described in paragraph (d) of this section. 209). Where the agency restricts or prohibits the holding of certain financial interests by its employees' spouses or minor children, any such prohibition or restriction shall be based on a determination that there is a direct and appropriate nexus between the prohibition or restriction as applied to spouses and minor children and the efficiency of the service. The agency designee cannot authorize the Deputy Director to participate on the panel under the authority of this section since the Deputy Director is prohibited by criminal statute, 18 U.S.C. 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. The employee may not accept compensation for teaching the course because the university has interests that may be substantially affected by the performance or nonperformance of the employee's duties. 209, in some circumstances may limit or entirely preclude an employee's acceptance of travel expenses. Section 2635.201(b) identifies considerations for declining otherwise permissible gifts. (1) Except as provided in paragraph (a)(2) of this section or where the employee's participation has been authorized in accordance with 2635.605, the employee may not participate personally and substantially in a particular matter that, to the employee's knowledge, has a direct and predictable effect on the financial interests of a prospective employer with whom the employee is seeking employment within the meaning of 2635.603(b). (ii) The prohibitions and limitations in 2635.804 and in 2636.304 of this chapter on receipt of outside earned income applicable to certain Presidential appointees and to other covered noncareer employees. (10) Anything for which market value is paid by the employee. Annexation would directly and predictably increase the value of her vacation property and, thus, she is disqualified from participating in any way in the Department's deliberations or decisions regarding the annexation. WebCODE OF ETHICS FOR GOVERNMENT SERVICE SECTION A The Parties subscribe to the Code of Ethics agreed to by the House of Representatives and the Senate as House The speaking activity is related to official duties under 2635.807(a)(2)(i)(B) and, because she is a covered noncareer employee as defined in 2636.303(a) of this chapter, the travel expenses are prohibited compensation as to her. An agency ethics official is required by 28 U.S.C. 8), which forbids employees from accepting emoluments, presents, offices, or titles from foreign governments, without the consent of Congress. FAR). (1) Outside employment while a Federal employee. 7342(a)(2). 4111. Except in the case of contributions for a gift included in the cost of a luncheon, reception or similar event, a statement that an employee may choose to contribute less or not at all shall accompany any recommendation of an amount to be contributed for a gift to an official superior. (2) 18 U.S.C. The sponsors of the conference offer to reimburse the attorney for expenses incurred in connection with his travel to New York. The following code of ethics, adopted by Congress on July 11, 1958, shall apply to all Food and Drug Administration employees: For purposes of this subpart, the following definitions shall apply: (a) Gift has the meaning set forth in 2635.203(b). During the colonial rule a Code of Ethics and Conduct was inherent in different laws and regulations. 5702, note, regarding frequent flyer miles). The employee may accept free attendance to the meeting under paragraph (b)(8) of this section because the employee has been assigned to present information at the meeting on behalf of the agency. Under the circumstances, the FDIC employee may accept the invitation to attend the game. Engage in no business with the Government, either directly or It is anticipated that she will serve fewer than 60 days under that appointment. For Christmas, a secretary may give his supervisor, and the supervisor may accept, a poinsettia plant purchased for $10 or less. (3) Particular matter involving specific parties has the meaning set forth in 2637.102(a)(7) of this chapter. For purposes of this section: (1) Fundraising means the raising of funds for a nonprofit organization, other than a political organization as defined in 26 U.S.C. In accordance with Office of Personnel Management regulations at part 251 of this title, an attorney employed by the Department of Justice may be permitted to use her office word processor and agency photocopy equipment to prepare a paper to be presented at a conference sponsored by a professional association of which she is a member. Except as otherwise provided in this part, an employee shall not use or permit the use of his Government position or title or any authority associated with his public office in a manner that could reasonably be construed to imply that his agency or the Government sanctions or endorses his personal activities or those of another. The employee may not participate personally and substantially in the inspection because he is seeking employment and the inspection is a particular matter involving specific parties that will affect the textile company. Although the employee may voluntarily discuss official matters with other attendees, the employee has not been assigned to present information on behalf of the agency. These waivers and exemptions are described in 2635.402(d) and part 2640, subparts B and C of this chapter. The employee may accept the card as the market value is less than $20. Since the employee is speaking officially and the expense payments are accepted under 31 U.S.C. (4) Employees who have questions regarding this subpart, including whether the employee should decline a gift that would otherwise be permitted under an exception found in 2635.204, should seek advice from an agency ethics official. (6) Employees shall not knowingly make unauthorized commitments or promises of any kind purporting to bind the Government. The following general principles apply to every employee and may form the basis for the standards contained in this part. (C) Another topic of interest to the agency or its mission. 2635.502 Personal and business relationships. (2) An employee who is seeking employment with a person whose financial interests are not, to the employee's knowledge, affected directly and predictably by particular matters in which the employee participates personally and substantially has no obligation to recuse under this subpart. 208). The employee has complied with the notification requirement of section 17 of the STOCK Act. Applicability and related considerations. [81 FR 81648, Nov. 18, 2016, as amended at 82 FR 22736, May 18, 2017; 85 FR 36717, June 18, 2020; 88 FR 37755, June 9, 2023]. 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. (2) Former employer includes any person which the employee served as an officer, director, trustee, general partner, agent, attorney, consultant, contractor or employee. A number of local business owners in a developing country are eager for a U.S. company to locate a manufacturing facility in their province. Destruction may be carried out by physical destruction or by permanently discarding the T-shirt by placing it in the trash. (2) Solicit a gift to be given because of the employee's official position. (ii) Participation in the conduct of an event by an employee where any portion of the cost of attendance or participation may be taken as a charitable tax deduction by a person incurring that cost. An employee may accept food, refreshments, and entertainment, not including travel or lodgings, for the employee and an accompanying spouse or other guests, at a social event attended by several persons if: (1) The invitation is unsolicited and is from a person who is not a prohibited source; (2) No fee is charged to any person in attendance; and. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. Librarians Trade Books for Databases in the Digital Age Regardless of whether the document is used improperly, the employee's disclosure does not violate this section because it was not a knowing unauthorized disclosure made for the purpose of furthering a private interest. An employee of the United States Trade and Development Agency is invited to attend a cocktail party hosted by a prohibited source. 219 generally prohibits any public official from being or acting as an agent of a foreign principal, including a foreign government, corporation or person, if the employee would be required to register as a foreign agent under 22 U.S.C. Current Transmittal No: 216 Chapter 18 Active Issuances District Government Employee Ethics Manual Effective: June 17, 2022 To avoid public embarrassment to the seminar sponsor, an employee of the National Park Service did not decline a barometer worth $200 given at the conclusion of his speech on Federal lands policy. She fills in an entry form on the vendor's display table and drops it into the contest box. An employee of the Federal Deposit Insurance Corporation whose bank examination responsibilities require frequent travel may not bring her supervisor, and her supervisor may not accept, souvenir coffee mugs from each of the cities she visits in the course of performing her duties, even though each of the mugs costs less than $5. A company offers an employee of the Federal Communication Commission (FCC) free attendance for two to a private skybox at a ballpark to watch a major league baseball game. Additionally, the book could contain brief discussions of recent developments in cancer treatment, even though some of those developments are derived from NIH research, as long as it is available to the public. 208(a) and paragraph (c) of this section will no longer prohibit the employee's participation in the matter. Although excused absence granted by an agency in accordance with guidance in chapter 630 of the Federal Personnel Manual allows an employee to be absent from his official duties without charge to his annual leave account, such absence is not on official time. 7323, may take an active part in political management or in political campaigns, may accept meals, lodgings, transportation, and other benefits, including free attendance at events, for the employee and an accompanying spouse or other guests, when provided, in connection with such active participation, by a political organization described in 26 U.S.C. Disciplinary action for violating this part or any supplemental agency regulations will not be taken against an employee who has engaged in conduct in good faith reliance upon the advice of an agency ethics official, provided that the employee, in seeking such advice, has made full disclosure of all relevant circumstances. These waivers are described in 2635.402(d) and part 2640, subpart C of this chapter. (bb) The prohibitions on disclosing and obtaining certain procurement information (41 U.S.C. An employee of the Occupational Safety and Health Administration who was and is expected again to be instrumental in formulating new OSHA safety standards applicable to manufacturers that use chemical solvents has been offered a consulting contract to provide advice to an affected company in restructuring its manufacturing operations to comply with the OSHA standards. Where free season tickets are offered by an opera guild to all members of the Cabinet, the gift is offered because of their official positions. (j) Gifts to the President or Vice President. 7342, however, may permit the acceptance of honorary degrees in some circumstances. Under the separate authority of 2635.204(a), the employee may accept a token of appreciation that has a market value of $20 or less. 2891(21); or. A few other officials of the utility and their spouses or other guests are also invited, as is a representative of a consumer group concerned with utility rates and her spouse. (2) Adversely affect the efficient accomplishment of the agency's mission because another employee cannot be readily assigned to perform work from which the employee would be disqualified by reason of the financial interest. Subordinates may each contribute a nominal amount to a fund to give a gift to an official superior upon the occasion of that superior's transfer or promotion to a position outside the organization. There may, however, be some situations in which, under the above standards, a particular matter will have a direct and predictable effect on an employee's financial interests in or with a nonparty. A gift appropriate to the occasion may be given to an official superior or accepted from a subordinate or other employee receiving less pay: (1) In recognition of infrequently occurring occasions of personal significance such as marriage, illness, or the birth or adoption of a child; or. (B) Paid with the employee's knowledge and acquiescence to his parent, sibling, spouse, child, or dependent relative. They discuss generally the types of issues that would need to be agreed upon if the employee were to consider a possible offer to serve as of counsel with the firm, such as salary, benefits, and type of work the employee would perform. They also serve as a Format. (c) Waiver of disqualification. (e) Eligibility for special tax treatment. An employee may not participate personally and substantially in a particular matter that, to the employee's knowledge, has a direct and predictable effect on the financial interests of the person by whom he or she is employed or with whom he or she has an arrangement concerning future employment, unless authorized to participate in the matter by a written waiver issued under the authority of 18 U.S.C. (2) Solicit a contribution from another employee for a gift to either his own or the other employee's official superior. Download a previous version of the Code of Ethics (PDF). An employee of the Department of Health and Human Services is invited to a meeting with officials of a nonprofit corporation to discuss the possibility of his serving as a member of the corporation's board of directors. (3) For purposes of this definition, a response that defers discussions until the foreseeable future does not constitute rejection of an unsolicited employment overture, proposal, or resume nor rejection of a prospective employment possibility. (2) Documentation. Ethics DEF Computer Corporation, a closely held company in which he and his wife own a majority of the stock, has submitted a proposal. 207, with implementing regulations at parts 2637 and 2641 of this chapter). The term particular matter, however, does not extend to the consideration or adoption of broad policy options that are directed to the interests of a large and diverse group of persons. Further, directing or coercing a subordinate to perform such activities during nonduty hours constitutes an improper use of public office for private gain in violation of 2635.702(a). (o) The prohibitions against certain political activities (5 U.S.C. The developer has submitted an offer in response to a GSA solicitation for lease of office space. Employee Conduct This month, courts are marking the 75th anniversary of the creation of 2635.605 Waiver or authorization permitting participation while seeking employment. As a result, the ethics official advises the employee that she will have no notification obligations under this subpart. To determine the market value of the gift, the employee must add the market value of any entertainment, food, beverages, or other tangible benefit provided to attendees in connection with the reception, but need not consider the cost incurred by the sponsor to rent or maintain the venue where the event is held. The donor's motivation for offering this gift is unrelated to the DOJ employees' status, authority, or duties associated with their Federal position, but instead is based on their mere presence in the building as occupants at the time of the fire. (2) The employee may participate in a particular matter under paragraph (a)(1) of this section when: (i) The employee's only communication with the prospective employer in connection with the search for employment is the submission of an unsolicited resume or other employment proposal; (ii) The prospective employer has not responded to the employee's unsolicited communication with a response indicating an interest in employment discussions; and. After performing the required conflict of interest analysis, NIH authorizes acceptance of the travel expenses under 31 U.S.C. However, at any time, including after the employee has disqualified himself from participation in a matter pursuant to paragraph (e) of this section, the agency designee may make this determination on his own initiative or when requested by the employee's supervisor or any other person responsible for the employee's assignment. A particular matter that has an effect on a financial interest only as a consequence of its effects on the general economy does not have a direct effect within the meaning of this subpart. If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. It also prohibits receipt of any gratuity, or any share of or interest in a claim against the United States, in consideration for assisting in the prosecution of such claim. (4) Consultation and notification regarding waivers. (8) Free attendance to an event provided by the sponsor of the event to: (i) An employee who is assigned to present information on behalf of the agency at the event on any day when the employee is presenting; (ii) An employee whose presence on any day of the event is deemed to be essential by the agency to the presenting employee's participation in the event, provided that the employee is accompanying the presenting employee; and. An Air Force contractor pays $4,000 in order that the association might invite any five Federal employees. WebThe Office of Government Ethics provides oversight, policy, and guidance to the Executive Branch regarding ethics laws and policies. (3) Loans from banks and other financial institutions on terms generally available to the public; (4) Opportunities and benefits, including favorable rates and commercial discounts, available to the public or to a class consisting of all Government employees or all uniformed military personnel, whether or not restricted on the basis of geographic considerations; (5) Rewards and prizes given to competitors in contests or events, including random drawings, open to the public unless the employee's entry into the contest or event is required as part of the employee's official duties; A Government employee is attending a free trade show on official time. Audience. Because of the sensitivity of the investigation, the agency designee may be unable to conclude that the Government's interest in the employee's participation in the investigation outweighs the concern that a reasonable person may question the integrity of the investigation, even though the employee has severed all financial ties with the company. Ordinarily, the agency designee's determination will be initiated by information provided by the employee pursuant to paragraph (a) of this section. THE LOUISIANA CODE OF GOVERNMENTAL ETHICS WebThe efficiency of the service standard used for non-SES employees does not apply. With approval by the recipient's supervisor, a floral arrangement sent by a disability claimant to a helpful employee of the Social Security Administration may be placed in the office's reception area. The employee may not, other than as permitted by agency procedures, give the organization or a newspaper reporter nonpublic information about long-range plans to build a particular dam. 423(c)). (b) Authorization by agency designee. (2) Gifts of perishable items. (d) Direct and predictable effect, particular matter, and personal and substantial have the respective meanings set forth in 2635.402(b)(1), (3), and (4). An employee who would otherwise be disqualified from participation in a particular matter may voluntarily sell or otherwise divest himself of the interest that causes the disqualification. Some agencies may have policies requiring advance agency review, clearance, or approval of certain speeches, books, articles or similar products to determine whether the product contains an appropriate disclaimer, discloses nonpublic information, or otherwise complies with this section. A scientist is employed by the National Science Foundation (NSF) as a special Government employee to serve on a panel that reviews grant applications to fund research relating to deterioration of the ozone layer. (ii) Selection of award recipients is made pursuant to written standards. 208(a) that an employee not participate personally and substantially in any particular matter that, to the employee's knowledge, will have a direct and predictable effect on the financial interests of a person with whom the employee is negotiating or has any arrangement concerning prospective employment. See 2635.402 and 2640.103 of this chapter. (ii) A person who is a member of the employee's household, or who is a relative with whom the employee has a close personal relationship; (iii) A person for whom the employee's spouse, parent or dependent child is, to the employee's knowledge, serving or seeking to serve as an officer, director, trustee, general partner, agent, attorney, consultant, contractor or employee; (iv) Any person for whom the employee has, within the last year, served as officer, director, trustee, general partner, agent, attorney, consultant, contractor or employee; or. Criminal conflict of interest statutes of general applicability to all employees, 18 U.S.C. Any effect on the employee's financial interests as a result of the agency's decision to award or not award the systems contract to LMN would be at most indirect and speculative. Nor could the employee be authorized to accept even if the event were instead a corporate banquet to which forty company officials and their spouses or other guests were invited.