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CHAPTER III-PEACE CORPS
Part 301 302 303 304 305
Ethical conduct and responsibilities of Peace Corps employees.
PART 301-ETHICAL CONDUCT AND
RESPONSIBILITIES OF PEACE CORPS
EMPLOYEES Sec. 301.735-1 Introduction. 301.735-2 General standards of conduct. 301.735-3 Conflict of interest. 301.735-4 Political activities. 301.735–5 Gifts. 301.735-6 Outside employment and ac
tivities. 301.735-7 Financial interests. 301.735-8 Use of Government property. 301.735-9 Information. 301.735-10 Discrimination. 301.735-11 Indebtedness. 301.735–12 Gambling, betting, and lotteries. 301.735-13 Related statutes and regulations. 301.735–14 Employees required to submit
statements of employment
and financial interests. AUTHORITY: The provisions of this Part 301 issued under E.O. 11222, 30 F.R. 6469, Comp., page 301; 5 CFR 735.104.
SOURCE: The provisions of this part 301 appear at 33 F.R. 4776, Mar. 20, 1968, unless otherwise noted. 8 301.735–1 Introduction.
(a) Four years ago, in issuing Peace Corps Standards of Employee Conduct, Sargent Shriver said:
Following the letter of the law or staying within the shadow of ethical phrases will not sufice. Our undivided loyalty is owed to our Government. We will be judged by both
fact and appearance. There is no place on the Peace Corps' team for those who cannot live comfortably with this high standard.
(b) In Executive Order No. 11222, the President recently directed the Civil Service Commission to require each agency head to review and reissue his agency's regulations regarding the ethical conduct and other responsibilities of all its employees. One of the main purposes of the regulations in this part is to encourage individuals faced with questions involving subjective judgment to seek counsel and guidance. The General Counsel is designated to be the counselor for the Peace Corps with respect to these matters. He and the Deputy General Counsel will give authoritative advice and guidance in this area to any Peace Corps employee who seeks it.
(c) Any violation of the regulations in this part may be cause for disciplinary action. Violation of those provisions of the regulations in this part which reflect legal prohibitions may also entail penalties provided by law.
(d) As used in this part, the term "special Government employee" means a person appointed or employed to perform temporary duties for the Peace Corps with or without compensation, on a full-time or intermittent basis, for not to exceed 130 days during any period of 365 days. The term "regular Government employee” means any officer or employee of the Peace Corps other than a special Government employee. 8 301.735-2 General standards of con
duct. (a) As provided by the President in Executive Order No. 11222, whether or not specifically prohibited by law or in the regulations in this part, no U.S. regular and special Government employees shall take any action which might result in, or create the appearance of:
(1) Using public office or employment for private gain, whether for themselves or for another person, particularly one with whom they have family, business, or financial ties.
(2) Giving preferential treatment to any person.
(3) Impeding Government efficiency or economy.
(4) Losing complete independence or impartiality.
(5) Making a Government decision outside official channels.
(6) Affecting adversely the confidence of the public in the integrity of the Government.
(7) Using Government office or employment to coerce a person to provide financial benefit to themselves or to other persons, particularly ones with whom they have family, business, or financial ties.
(b) Moreover, no regular or special employee may engage in criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct, or other conduct prejudicial to the Government. § 301.735–3 Conflict of interest.
(a) Regular Government employees. A regular employee of the Government is in general subject to the following major criminal prohibitions:
(1) He may not, except in the discharge of his official duties, represent anyone else before a court or Government agency in a matter in which the United States is a party or has an interest. This prohibition applies both to paid and unpaid representation of another.
(2) He may not participate in his governmental capacity in any matter in which he, his spouse, minor child, outside business associate, or person with whom he is negotiating for employment has a financial interest.
(3) He may not, after his Government employment has ended, represent anyone other than the United States in connec
tion with a matter in which the United States is a party or has an interest and in which he participated personally and substantially for the Government.
(4) He may not for 1 year after his Government employment has ended, represent anyone other than the United States in connection with a matter in which the United States is a party or has an interest and which was within the boundaries of his official responsibility during the last year of his Government service. This temporary restraint gives way to the permanent restraint described in subparagraph (3) of this paragraph if the matter is one in which he participated personally and substantially.
(5) He may not receive any salary, or supplementation of his Government salary, from a private source as compensation for his services to the Government.
(b) Special Government employees. A special Government employee is subject to the following major criminal prohibitions:
(1) He may not, except in the discharge of his official duties, represent anyone else before a court or Government agency in a matter in which the United States is a party or has an interest and in which he has at any time participated personally and substantially for the Government.
(2) He may not, except in the discharge of his official duties, represent anyone else in a matter pending before the agency he serves unless he has served there no more than 60 days during the past 365. He is bound by this restraint despite the fact that the matter is not one in which he has ever participated personally and substantially. The restrictions described in subparagraphs (1) and (2) of this paragraph apply to both paid and unpaid representation of another.
(3) He may not participate in his governmental capacity in any matter in which he, his spouse, minor child, outside business associate, or person with whom he is negotiating for employment has a financial interest.
(4) He may not, after his Government employment has ended, represent anyone other than the United States in connection with a matter in which the United States is a party or has an interest and in which he participated personally and substantially for the Government.
(5) He may not, for 1 year after his Government employment has ended, represent anyone other than the United States in connection with a matter in which the United States is a party or has an interest and which was within the boundaries of his official responsibility during the last year of his Government service. This temporary restraint gives way to the permanent restriction described in subparagraph (4) of this paragraph if the matter is one in which he participated personally and substantially. $ 301.735–4 Political activities.
(a) Subchapter III of Chapter 73 of Title 5, United States Code and other statutes regulate the extent to which employees may engage in political activities. Generally, using official authority or influence for the purpose of interfering with an election or its result or taking an active part in political management or in political campaigns is prohibited. These restrictions do not affect the right of employees to express their personal political opinions, as long as they do not do so in such a manner as to take an active part in political campaigns or management or to participate in the activities of national or State political parties to the extent that such participation is not proscribed by law.
(b) Special Government employees are subject to the statute for the whole of each day on which they do any work for the Government.
(c) While regular employees may explain and support governmental programs that have been enacted into law, in exercising their official responsibilities they should not publicly support or oppose pending legislation, except in testimony before the Congress.
(d) Also, the Foreign Service Act generally prohibits any Foreign Service employee from (1) corresponding in regard to the public affairs of any foreign government, except with the proper officers of the United States, and (2) recommending any person for employment in any position of trust or profit under the government of the country to which he is detailed or assigned. § 301.735–5 Gifts.
(a) From donors dealing with Peace Corps. (1) No Peace Corps regular or special employee shall solicit or accept, directly or indirectly, for himself, for any member of his family, or for any person with whom he has business or financial
ties, any gift, gratuity, favor, entertainment, or loan or any other thing of value, from any individual or organization which:
(i) Has, or is seeking to obtain, contractual or other business or financial relations with the Peace Corps.
(ii) Has interests that may be substantially affected by the performance or nonperformance of the employee's official responsibility.
(iii) Is in any way attempting to affect the employee's exercise of his official responsibility.
(2) Subparagraph (1) of this paragraph does not prohibit, even if the donor has dealings with the Peace Corps:
(i) Acceptance of things of value from parents, children, or spouse if those relationships rather than the business of the donor is the motivating factor for the gift.
(ii) Acceptance of food and refreshments of nominal value on infrequent occasions in the ordinary course of a breakfast, luncheon, or dinner meeting or other meeting.
(iii) Solicitation and acceptance of loans from banks or other financial institutions to finance proper and usual activities of employees, such as home mortgage loans, solicited and accepted on customary terms.
(iv) Acceptance on behalf of minor dependents of fellowships, scholarships, or educational loans awarded on the basis of merit and/or need.
(v) Acceptance of awards for meritorious public contribution or achievement given by a charitable, religious, professional, social, fraternal, nonprofit educational and recreational, public service, or civic organization.
(3) Regular or special employees need not return unsolicited advertising or promotional material, such as pens, pencils, note pads, calendars, and other things of nominal intrinsic value.
(b) From other Peace Corps employees. No employee in a superior official position shall accept any gift presented as a contribution from employees receiving less salary than himself. No employee shall solicit contributions from another employee for a gift to an employee in a superior official position, nor shall any employee make a donation as a gift to an employee in a superior official position. However, this paragraph does not prohibit a voluntary gift of nominal value or donation in a nominal amount made on a special occasion such as marriage, illness, or retirement.
(c) From foreign governments. No regular employee may solicit or, without the consent of the Congress, receive any present, decoration, emolument, pecuniary favor, office, title, or any other gift from any foreign government. See 5 U.S.C. 7342; Executive Order 11320; and 22 CFR Part 3 (as added, 32 F.R. 6569).
(d) Gifts to Peace Corps. Gifts to the United States or to the Peace Corps may be accepted in accordance with Peace Corps regulations.
(e) Reimbursement for expenses. Neither this section nor $ 301.735-6 precludes an employee from receipt of bona fide reimbursement, unless prohibited by law, for expenses of travel and such other necessary subsistence as is compatible with this part and for which no Government payment or reimbursement is made. However, this paragraph does not allow an employee to be reimbursed, or payment to be made on his behalf, for excessive personal living expenses, gifts, entertainment, or other personal benefits. Nor does it allow an employee to receive non-Government reimbursement of travel expenses for travel on official business under Peace Corps orders; but rather such reimbursement, if any, should be made to the Peace Corps and amounts received should be credited to its appropriation. If an employee receives accommodations, goods or services in kind from a nonGovernment source, this item or items will be treated as a donation to the Peace Corps and an appropriate reduction will be made in per diem or other travel expenses payable. § 301.735–6 Outside employment and
activities. (a) Application. Only paragraph (c) of this section is applicable to special Government employees.
(b) General. (1) There is no general prohibition against Peace Corps employees holding outside employment, including teaching, lecturing, or writing. But no employee shall engage in such employment if it might result in a conflict or an apparent conflict between the private interests of the employee and his official responsibility.
(2) Thus an employee shall not engage in outside employment or other outside activity not compatible with the full and proper discharge of his official re
sponsibility. Incompatible activities include but are not limited to:
(i) Acceptance of a fee, compensation, gift, payment of expense, or any other thing of monetary value in circumstances in which acceptance may result in, or create the appearance of a conflict of interest.
(ii) Outside employment which tends to impair the employee's mental or physical capacity to perform his official responsibility in an acceptable manner.
(c) Teaching, lecturing, and writing(1) Use of information. Employees are encouraged to engage in teaching, lecturing, and writing. However, an employee shall not, either for or without compensation, engage in teaching, lecturing or writing that is dependent on information obtained as a result of his Government employment, except that when information has been or on request will be made available to the general public or when the agency head gives advance written authorization for the use of nonpublic information on the basis that the proposed use is in the public interest.
(2) Compensation. No employee may accept compensation or anything of value for any consultation, lecture, discussion, writing, or appearance the subject matter of which is devoted substantially to the Peace Corps' programs or which draws substantially on official data or ideas which have not become part of the body of public information.
(3) Clearance of publications. No employee may submit for publication any writing any contents of which devoted to the Peace Corps' programs or to any other matter which might be of official concern to the U.S. Government without in advance clearing the writing with the Executive Secretary. Before clearing any such writing, the Executive Secretary will consult with the appropriate Peace Corps offices or divisions.
(d) State and local government employment. Regular employees may not hold office or engage in outside employment under a State or local government. Anyone wishing to undertake such office or employment should consult with the General Council for information with respect to relevant exceptions to this rule.
(e) Participation in charitable OT other activities. This section does not preclude an employee from participating in the affairs of a charitable, religious,
professional, social, fraternal, nonprofit educational or recreational, public seryice or civic organization. $ 301.735–7 Financial interests.
(a) As provided by the President in Executive Order No. 11222, no employee may:
(1) Have a direct or indirect financial interest that conflicts substantially, or appears to conflict substantially, with his official responsibility.
(2) Engage in, directly or indirectly, a financial transaction as a result of, or primarily relying on, information obtained through his Government employment.
(b) The Foreign Service Act generally prohibits a Foreign Service employee from transacting or being interested in any business or engaging for profit in any profession in the country or countries to which he is assigned abroad either in his own name or in the name or through the agency of any other person.
(c) The regulations in this part do not preclude an employee from having a financial interest or engaging in financial transactions to the same extent as a private citizen not employed by the Government so long as the interest or transaction is consistent with appropriate requirements and restrictions. $ 301.735–8 Use of Government prop
erty. A regular or special employee shall not directly or indirectly use, or allow the use of, Government property of any kind, including property leased to the Government, for other than officially approved activities. All employees have a positive duty to protect and conserve Government property, including equipment, supplies, and other property entrusted or issued to them. By law, penalty envelopes may be used only for official Government mail. 8 301.735-9 Information.
(a) Regular or special employees may not withhold information from the press or public unless that information is classified administratively controlled (Limited Official Use). All responses to requests for information from the press should be cleared in advance with the Office of Public Information. Regular and special employees should be certain that information given to the press and public is accurate and complete.
(b) Any questions as to the classification or administrative control of information should be referred to the General Counsel.
(c) No regular or special employee may record by electronic or other device any telephone or other conversation. No regular or special employee may listen in on any telephone conversation without the consent of all parties thereto.
(d) For the purpose of furthering a private interest, an employee or special employee shall not directly or indirectly use, or allow the use of, official information obtained through or in connection with his Government employment which has not been made available to the general public. However, this does not preclude the use of information for teaching, lecturing, and writing as provided in $ 301.735-6. $ 301.735–10 Discrimination.
(a) No regular or special employee may take or recommend any personnel action with respect to any other employee or applicant for employment on the basis of any inquiry concerning the race, political affiliation, or religious beliefs of the other employee or applicant for employment. No discrimination shall be exercised, threatened or promised against or in favor of any employee or applicant for employment because of race, sex, political affiliation, or religious beliefs.
(b) No regular or special employee on official business may participate in conferences or speak before audiences if any racial group has been segregated or excluded therefrom, from the facilities thereof or from membership in sponsoring or participating organizations. $ 301.735-11 Indebtedness.
A regular or special employee shall pay each just financial obligation in a proper and timely manner, especially one imposed by law such as Federal, State, or local taxes. For the purpose of this section, a "just financial obligation" means one acknowledged by the employee or reduced to judgment by a court, and “in a proper and timely manner” means in a manner which the agency determines does not, under the circumstances, reflect adversely on the Government as his employer. In the event of a dispute between an employee and an alleged creditor, this section does not require the Peace Corps to determine the validity or amount of the disputed debt.