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CHAPTER 111-PEACE CORPS

Part 301 302 303

Ethical conduct and responsibilities of Peace Corps employees.
Organization.
Availability of records of the Peace Corps.

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

activities. 301.735–7 Financial interests. 301.735-8 Use of Government property. 301.735-9 Travel. 301.735–10 Information. 301.735–11 Discrimination. 301.735–12 Indebtedness. 301.735–13 Gambling, betting, and lotteries. 301.735–14 Related statutes and regulations. 301.735–15 Employees required to submit

statements of employment and financial interests.

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 fulltime 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.

AUTHORITY: The provisions of this part 301 issued under E.O. 11222; 3 CFR, 19641965 Comp.; 5 CFR 735.104.

SOURCE: The provisions of this part 301 appear at 31 F.R. 6474, Apr. 28, 1966, unless otherwise noted. § 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 suffice. 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

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 Govern

ment agency in a matter in which the apply to both paid and unpaid repreUnited States is a party or has an inter- sentation of another. est. This prohibition applies both to (3) He may not participate in his govpaid and unpaid representation of an- ernmental capacity in any matter in other.

which he, his spouse, minor child, out(2) He may not participate in his gov- side business associate, or person with ernmental capacity in any matter in whom he is negotiating for employment which he, his spouse, minor child, out- has a financial interest. side business associate, or person with (4) He may not, after his Government whom he is negotiating for employment employment has ended, represent anyhas a financial interest.

one other than the United States in con(3) He may not, after his Government nection with a matter in which the employment has ended, represent any- United States is a party or has an interone other than the United States in con- est and in which he participated personnection with a matter in which the ally and substantially for the GovernUnited States is a party or has an inter- ment. est and in which he participated per- (5) He may not, for 1 year after his sonally and substantially for the Gov- Government employment has ended, ernment.

represent anyone other than the United (4) He may not, for one year after his States in connection with a matter in Government employment has ended, rep- which the United States is a party or has resent anyone other than the United an interest and which was within the States in connection with a matter in boundaries of his official responsibility which the United States is a party or has during the last year of his Government an interest and which was within the

service. This temporary restraint gives boundaries of his official responsibility

way to the permanent restriction deduring the last year of his Government scribed in subparagraph (4) of this paraservice. This temporary restraint gives graph if the matter is one in which he way to the permanent restraint described participated personally and substanin subparagraph (3) of this paragraph if tially. the matter is one in which he partici

§ 301.735–4 Political activities. pated personally and substantially. (5) He may not receive any salary, or

(a) The Hatch Political Activities Act supplementation of his Government and other statutes regulate the extent to salary, from a private source as com

which employees may engage in political pensation for his services to the Govern

activities. Generally, using official aument.

thority or influence for the purpose of (b) Special Government employees. A

interfering with an election or its result special Government employee is subject

or taking an active part in political manto the following major criminal prohibi

agement or in political campaigns is protions:

hibited. These restrictions do not affect (1) He may not, except in the dis- the right of employees to express their charge of his official duties, represent personal political opinions, as long as anyone else before a court or Govern- they do not do so in such a manner as to ment agency in a matter in which the

take an active part in political campaigns United States is a party or has an in- or management or to participate in the terest and in which he has at any time

activities of national or State political participated personally and substantially for the Government.

parties to the extent that such participa

tion is not proscribed by law. (2) He may not, except in the dis

(b) Special Government employees charge of his official duties, represent

are subject to the Hatch Act for the anyone else in a matter pending before

whole of each day on which they do any the agency he serves unless he has served

work for the Government. there no more than 60 days during the

(c) While regular employees may expast 365. He is bound by this restraint

plain and support governmental prodespite the fact that the matter is not one in which he has ever participated

grams that have been enacted into law, personally and substantially.

in exercising their official responsibilities

they should not publicly support or opThe restrictions described in subpara- pose pending legislation, except in testigraphs (1) and (2) of this paragraph mony before the Congress.

(d) Also, the Foreign Service Act gen- educational and recreational, public erally prohibits any Foreign Service em- service, or civic organization. ployee from (1) corresponding in regard (vi) If no Government payment or reto the public affairs of any foreign gov- imbursement is made, acceptance of ernment, except with the proper officers bona fide reimbursement for actual exof the United States, and (2) recom- penses for travel and such other necesmending any person for employment in sary subsistence under circumstances any position of trust or profit under the otherwise compatible with the regulagovernment of the country to which he tions in this part and with the laws on is detailed or assigned.

conflict of interest. However, an em$ 301.735–5 Gifts.

ployee may not be reimbursed, and pay

ment may not be made on his behalf, for (a) From donors dealing with Peace excessive personal living expenses, gifts, Corps. (1) No Peace Corps regular or

entertainment or other personal benefits. special employee shall solicit or accept, (3) Regular or special employees need directly or indirectly, for himself, for any not return unsolicited advertising or promember of his family, or for any person motional material, such as pens, pencils, with whom he has business or financial note pads, calendars and other things ties, any gift, gratuity, favor, entertain- of nominal intrinsic value. ment or loan or any other thing of value, (b) From other Peace Corps employees. from any individual or organization No employee in a superior official posiwhich:

tion shall accept any gift presented as (i) Has, or is seeking to obtain, con- a contribution from employees receiving tractual or other business or financial

less salary than himself. No employee relations with the Peace Corps.

shall solicit contributions from another (ii) Has interests that may be sub

employee for a gift to an employee in a stantially affected by the performance or

superior official position, nor shall any nonperformance of the employee's offi

employee make a donation as a gift to cial responsibility.

an employee in a superior official position. (iii) Is in any way attempting to affect (c) From foreign governments. No the employee's exercise of his official

regular employee may solicit or, without responsibility.

the consent of the Congress, receive any (2) Subparagraph (1) of this para

present, decoration, emolument, pecunigraph does not prohibit, even if the

ary favor, office, title or any other gift donor has dealings with the Peace Corps. from any foreign government. (i) Acceptance of things of value

(d) Gifts to Peace Corps. Gifts to the from parents, children, or spouse if United States or to the Peace Corps may those relationships rather than the busi- be accepted in accordance with Peace ness of the donor is the motivating fac

Corps regulations. tor for the gift.

(ii) Acceptance of food and refreshments of no al value on infrequent

$ 301.735–6 Outside employment and occasions in the ordinary course of a

activities. breakfast, luncheon or dinner meeting (a) Application. Only paragraph (c) or other meeting.

of this section is applicable to special (iii) Solicitation and acceptance of Government employees. loans from banks or other financial in- (b) General. (1) There is no general stitutions to finance proper and usual prohibition against Peace Corps employactivities of employees, such as home ees holding outside employment, includmortgage loans, solicited and accepted on ing teaching, lecturing or writing. But customary terms.

no employee shall engage in such employ(iv) Acceptance on behalf of minor ment if it might result in a conflict or dependents of fellowships, scholarships an apparent conflict between the private or educational loans awarded on the interests of the employee and his official basis of merit and/or need.

responsibility. (v) Acceptance of awards for meri- (2) Thus an employee shall not entorious public contribution or achieve- gage in outside employment or other ment given by a charitable, religious, outside activity not compatible with the professional, social, fraternal, nonprofit full and proper discharge of his official

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responsibility. Incompatible activities preclude an employee from participating include but are not limited to:

in the affairs of a charitable, religious, (i) Acceptance of a fee, compensation, professional, social, fraternal, nonprofit gift, payment of expense, or any other educational or recreational, public servthing of monetary value in circumstances ice or civic organization. in which acceptance may result in, or

$ 301.735–7 Financial interests. create the appearance of a conflict of interest.

(a) As provided by the President in (ii) Outside employment which tends

Executive Order No. 11222, no employee to impair the employee's mental or phys

may: ical capacity to perform his official re

(1) Have a direct or indirect financial sponsibility in an acceptable manner. interest that conflicts substantially, or (c) Teaching, lecturing and writing

appears to conflict substantially, with his (1) Use of information. Employees are

official responsibility. encouraged to engage in teaching, lec

(2) Engage in, directly or indirectly, turing, and writing. However, an em

a financial transaction as a result of, ployee shall not, either for or without

or primarily relying on, information compensation, engage in teaching, lec

obtained through his Government turing or writing that is dependent on

employment. information obtained as a result of his

(b) The Foreign Service Act generally Government employment, except that

prohibits à Foreign Service employee when information has been or on request

from transacting or being interested in will be made available to the general

any business or engaging for profit in public or when the agency head gives

any profession in the country or counadvance written authorization for the

tries to which he is assigned abroad use of non-public information on the

either in his own name or in the name or basis that the proposed use is in the

through the agency of any other person. public interest.

(c) The regulations in this part do (2) Compensation. No employee may

not preclude an employee from having a accept compensation or anything of value

financial interest or engaging in financial for any consultation, lecture, discussion,

transactions to the same extent as a

private citizen not employed by the Govwriting, or appearance the subject mat

ernment so long as the interest or transter of which is devoted substantially to the Peace Corps' programs or which

action is consistent with appropriate draws substantially on official data or

requirements and restrictions. ideas which have not become part of the body of public information.

8 301.735–8 Use of Government prop(3) Clearance of publications. No

erty. employee may submit for publication A regular or special employee shall any writing any contents of which are

not directly or indirectly use, or allow the devoted to the Peace Corps' programs use of, Government property of any kind, or to any other matter which might be including property leased to the Governof official concern to the U.S. Govern- ment, for other than officially approved ment without in advance clearing the activities. All employees have a posiwriting with the Executive Secretary. tive duty to protect and conserve GovBefore clearing any such writing, the ernment property, including equipment, Executive Secretary will consult with supplies, and other property entrusted the appropriate Peace Corps offices or or issued to them. By law, penalty endivisions.

velopes may be used only for official (d) State and local government emGovernment mail. ployment. Regular employees may not hold office or engage in outside employ

§ 301.735–9 Travel. ment under a State or local government. (a) The only purpose of travel at Anyone wishing to undertake such office Peace Corps expense is for the expedior employment should consult with the tious conduct of official business. ReguGeneral Counsel for information with lar employees may not take annual leave respect to relevant exceptions to this or leave without pay while engaged in rule.

official travel unless the taking of such (e) Participation in charitable leave has been authorized in advance by other activities. This section does not the employee's supervisor. In no case

or

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