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(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

activities.

Outside employment and

(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 are 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 Counsel for information with respect to relevant exceptions to this rule.

(e) Participation in charitable or 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 service 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

erty.

Use of Government prop

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.

§ 301.735-9 Information.

(a) Regular or special employees may not withhold information from the press or public unless that information is classified or 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 preIclude the use of information for teaching, lecturing, and writing as provided in § 301.735-6.

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(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.

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(a) House Concurrent Resolution 175, 85th Congress, 2d session, 72 Stat. 312, the "Code of Ethics for Government Service."

(b) The prohibition against lobbying with appropriated funds (18 U.S.C. 1913).

(c) The prohibitions against disloyalty and striking (5 U.S.C. 7311, 18 U.S.C. 1918).

(d) The prohibition against the employment of a member of a Communist organization (50 U.S.C. 784).

(e) The prohibitions against (1) the disclosure of classified information (18 U.S.C. 798, 50 U.S.C. 783); and (2) the disclosure of confidential information (18 U.S.C. 1905).

(f) The provision relating to the habitual use of intoxicants to excess (5 U.S.C. 7352).

(g) The prohibition against the misuse of a Government vehicle (31 U.S.C. 638a (c)).

(h) The prohibition against the misuse of the franking privilege (18 U.S.C. 1719).

(i) The prohibition against the use of deceit in an examination or personnel action in connection with Government employment (18 U.S.C. 1917).

(j) The prohibition against fraud or false statements in a Government matter (18 U.S.C. 1001).

(k) The prohibition against mutilating or destroying a public record (18 U.S.C. 2071).

(1) The prohibition against counterfeiting and forging transportation requests (18 U.S.C. 508).

(m) The prohibitions against (1) embezzlement of Government money or property (18 U.S.C. 641); (2) failing to account for public money (18 U.S.C. 643); and (3) embezzlement of the money or property of another person in the possession of an employee by reason of his employment (18 U.S.C. 654).

(n) The prohibition against unauthorized use of documents relating to claims from or by the Government (18 U.S.C. 285).

(o) The prohibitions against political activities in subchapter III of Chapter 73 of Title 5, United States Code, and 18 U.S.C. 602, 603, 607, and 608.

(p) The prohibition against gifts to employees' superiors and the acceptance thereof (Rev. Stat. 1784, 5 U.S.C. 113).

(q) Chapter 11 of Title 18, United States Code, relating to bribery, graft, and conflicts of interest, which is specifically applicable to special employees as well as to regular employees.

(r) The prohibitions against (1) accepting gifts from foreign governments, (2) engaging in business abroad, (3) corresponding on the affairs of foreign governments, and (4) discrimination on political, racial, or religious grounds, contained in sections 1002 through 1005 of the Foreign Service Act of 1946, as amended.

(s) The prohibition against an employee acting as the agent of a foreign principal registered under the Foreign Agents Registration Act (18 U.S.C. 219).

(t) The prohibition against appointing or advocating the appointment of a relative to a position within the agency (5 U.S.C. 3110).

§ 301.735-14 Employees required to submit statements of employment and financial interests.

(a) (1) Regulations of the Civil Service Commission (5 CFR Part 735) require the Peace Corps to adopt regulations providing for the submission of statements of employment and financial interests from certain regular Peace Corps employees and all special Peace Corps employees.

(2) Such statements must be submitted within 90 days after the effective date of this part by any present employee who occupies a position designated in paragraph (b) of this section. Any employee appointed subsequent to the effective date of this part who falls into this category must submit such statements within 30 days after his entrance on duty.

(3) Changes in or additions to the information contained in a regular or special employee's statement must be reported in a supplementary statement as of June 30 each year. If there are no changes or additions, a negative report is required. Notwithstanding the filing of the annual report required by this para

graph, each employee shall at all times avoid acquiring a financial interest that could result, or taking an action that would result, in a conflict of interest and a violation of the conflicts-of-interest provisions of section 208 of Title 18, United States Code, or the conflicts-ofinterest provisions of this part. In the case of temporary summer employees hired at FSR-7 or equivalent and below to perform duties other than those of an expert or consultant, the reporting requirement will be waived. It may also be waived by the Director of Personnel with respect to other appointments except as experts or consultants, upon a finding that the duties of the position held by the special Government employee are of a nature and at such a level of responsibility that the reporting of employment and financial interests is not necessary to protect the integrity of the Government.

(b) Statements shall be submitted by the following employees who are in grades FSR-5, FSS-2, GS-13 or above:

(1) Office of the Director. Deputy Director.

(2) Office of General Counsel. (i) General Counsel.

(ii) Deputy General Counsel.

(3) Regional Offices. (i) Regional Director.

(ii) Deputy Regional Director.

(iii) Country Directors and those overseas staff members to whom contracting or procurement authority has been duly delegated by the Country Director.

(iv) Training Center Directors. (4) Office of Administration. (i) Director.

(ii) Deputy Director.

(iii) Director of Administrative Services.

(iv) Deputy Director of Administrative Services.

(v) Director of Administrative Support and Review.

(vi) General Supply Officer.

(vii) Auditor.

(viii) Chief of Travel Section. (ix) Procurement Agents.

(5) Office of Financial Management. (i) Director.

(ii) Director, Contracts Division. (iii) Director, Accounting and Finance Division.

(iv) Director, Budget Division.
(v) Contract Administrators.
(vi) Contract Specialists.

(6) Office of Medical Programs. (i) Director.

(ii) Deputy Director.

(iii) Chief of Medical Processing. (7) Office of Planning, Program Review, and Research. (i) Director.

(ii) Deputy Director.

(8) Office of Evaluation. (i) Director. (ii) Deputy Director.

(9) Office of Volunteer Support. (i) Director.

(ii) Deputy Director.

(iii) Director of Volunteer Travel.

(10) All special Government employees shall submit a statement of employment and financial interest on the standard form provided by the Personnel Division for that purpose. Special Government employees shall report all employment other than with the Peace Corps and all financial interests which relate either directly or indirectly to their duties and responsibilities. Each special Government employee shall keep his statement current throughout his employment by the submission of supplementary statements as necessary.

(c) The information required of regular employees may be submitted on standard forms which are available from the Personnel Division. Detailed instructions are set forth on the back of the forms. These forms should be submitted directly to the Director or Deputy Director of the Personnel Division who will review them, consulting with the General Counsel or Deputy General Counsel as necessary. These officials shall maintain the statements in the strictest confidence and shall not allow access to, or allow information to be disclosed from, a statement except to carry out the purposes of this part.

(d) The interest of a spouse, minor child, or other member of a regular or special employee's immediate household is considered to be an interest of that employee. For the purpose of this section, "member of an employee's immediate household" means those blood relations who are residents of the employee's household.

(e) If any information required to be included on a statement of employment and financial interest or supplementary statement, including holdings placed in trust, is not known to an employee or special employee but is known to another person, he is required to request that other person to submit information on his behalf.

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