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CHAPTER II—PEACE CORPS

Part 301 302 303 304 305

Ethical conduct and responsibilities of Peace Corps employees.
Organization.
Availability of records of the Peace Corps.
Claims against Government under Federal Tort Claims Act.
Eligibility and selection for Peace Corps volunteer service.

PART 301—ETHICAL CONDUCT AND fact and appearance. There is no place on

the Peace Corps' team for those who cannot RESPONSIBILITIES OF PEACE CORPS

live comfortably with this high standard. EMPLOYEES

(b) In Executive Order No. 11222, the Sec.

President recently directed the Civil 301.735–1 Introduction.

Service Commission to require each 301.735–2 General standards of conduct. 301.735–3 Conflict of interest.

agency head to review and reissue his 301.735-4 Political activities.

agency's regulations regarding the ethi301.735-5 Gifts.

cal conduct and other responsibilities of 301.735-6 Outside employment and ac

all its employees. One of the main purtivities.

poses of the regulations in this part is 301.735-7 Financial interests.

to encourage individuals faced with ques301.735-8 Use of Government property. tions involving subjective judgment to 301.735-9 Information.

seek counsel and guidance. The General 301.735–10 Discrimination. 301.735–11 Indebtedness.

Counsel is designated to be the counselor 301.735–12 Gambling, betting, and lotteries.

for the Peace Corps with respect to these 301.785–13 Related statutes and regulations. matters. He and the Deputy General 301.735–14 Employees required to submit Counsel will give authoritative advice

statements of employment and guidance in this area to any Peace and financial interests.

Corps employee who seeks it. AUTHORITY: The provisions of this part 301 (c) Any violation of the regulations in issued under E.O. 11222; 3 CFR, 1964-1965 this part may be cause for disciplinary Comp.; 5 CFR 735.104.

action. Violation of those provisions of SOURCE: The provisions of this Part 301

the regulations in this part which reflect appear at 33 F.R. 4776, Mar. 20, 1968, unless legal prohibitions may also entail penalotherwise noted.

ties provided by law. $ 301.735–1 Introduction.

(d) As used in this part, the term

"special Government employee" means (a) Four years ago, in issuing Peace a person appointed or employed to perCorps Standards of Employee Conduct, form temporary duties for the Peace Sargent Shriver said:

Corps with or without compensation, on Following the letter of the law or staying

a full-time or intermittent basis, for not within the shadow of ethical phrases will

to exceed 130 days during any period of not sufice. Our undivided loyalty is owed to

365 days. The term "regular Government our Government. We will be judged by both employee" means any officer or employee

BO_045 071- -22

of the Peace Corps other than a special Government employee. § 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 ties, any gift, gratuity, favor, entertainGovernment employment has ended, rep- ment, or loan or any other thing of value, resent anyone other than the United from any individual or organization States in connection with a matter in which: which the United States is a party or has (i) Has, or is seeking to obtain, conan interest and which was within the tractual or other business or financial boundaries of his official responsibility relations with the Peace Corps. during the last year of his Government (ii) Has interests that may be subservice. This temporary restraint gives stantially affected by the performance way to the permanent restriction de- or nonperformance of the employee's ofscribed in subparagraph (4) of this para- ficial responsibility. graph if the matter is one in which he (iii) Is in any way attempting to affect participated personally and substantially. the employee's exercise of his official

responsibility. $ 301.735–4 Political activities.

(2) Subparagraph (1) of this para(a) Subchapter III of Chapter 73 of graph does not prohibit, even if the donor Title 5, United States Code and other

has dealings with the Peace Corps: statutes regulate the extent to which em- (i) Acceptance of things of value from loyed may engage in political activities.

parents, children, or spouse if those reGenerally, using official authority or in- lationships rather than the business of fluence for the purpose of interfering the donor is the motivating factor for with an election or its result or taking an the gift. active part in political management or in (ii) Acceptance of food and refreshpolitical campaigns is prohibited. These ments of nominal value on infrequent restrictions do not affect the right of occasions in the ordinary course of a employees to express their personal polit- breakfast, luncheon, or dinner meeting ical opinions, as long as they do not or other meeting. do so in such a manner as to take an (iii) Solicitation and acceptance of active part in political campaigns or loans from banks or other financial inmanagement or to participate in the stitutions to finance proper and usual activities of national or State political activities of employees, such as home parties to the extent that such participa- mortgage loans, solicited and accepted on tion is not proscribed by law.

customary terms. (b) Special Government employees are (iv) Acceptance on behalf of minor subject to the statute for the whole of dependents of fellowships, scholarships, each day on which they do any work for or educational loans awarded on the the Government.

basis of merit and/or need. (c) While regular employees may ex- (v) Acceptance of awards for meritoriplain and support governmental pro- ous public contribution or achievement grams that have been enacted into law, given by a charitable, religious, profesin exercising their official responsibilities sional, social, fraternal, nonprofit educathey should not publicly support or op- tional and recreational, public service, or pose pending legislation, except in testi- civic organization. mony before the Congress.

(3) Regular or special employees need (d) Also, the Foreign Service Act gen- not return unsolicited advertising or erally prohibits any Foreign Service em- promotional material, such as pens, ployee from (1) corresponding in regard pencils, note pads, calendars, and other to the public affairs of any foreign gov- things of nominal intrinsic value. ernment, except with the proper officers (b) From other Peace Corps emof the United States, and (2) recom- ployees. No employee in a superior ofmending any person for employment in ficial position shall accept any gift preany position of trust or profit under the

sented as a contribution from employees government of the country to which he

receiving less salary than himself. No is detailed or assigned.

employee shall solicit contributions from $ 301.735–5 Gifts.

another employee for a gift to an em(a) From donors dealing with Peace

ployee in a superior official position, nor Corps. (1) No Peace Corps regular or

shall any employee make a donation as a special employee shall solicit or accept, gift to an employee in a superior official directly or indirectly, for himself, for any position. However, this paragraph does member of his family, or for any person not prohibit a voluntary gift of nominal with whom he has business or financial 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, lect ng 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 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. $ 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 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 organizatio § 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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