Chapter II-Federal Energy Administration CONFIDENTIAL STATEMENT OF EMPLOYMENT AND FINANCIAL INTERESTS For use by a special Government § 203.29 GENERAL REQUIREMENTS The information to be furnished in this statement is required by shown. The Order does not require the submission of any information relating to an employee's connection with, or interest in, a professional society or a charitable, religious, social, fraternal, recreational, public service, civic, or political organization or any similar organization not conducted as a business enterprise and which is not engaged in the ownership or conduct of a business enterprise. Educaternal and other institutions doing research and development or related work involving grants of money from or contracts with the Government are deemed to be "business enterprises" for purposes of this report and should be included. APPENDIX D Supplemental Questions to Confidential Statement of plement status with FEA () applicant, or () present employee. f entrance unto duly for projected date if applicant): copioyamat (e.g., emergency indefinite, transfer) and whether phone extension (1) applicant, give telephone number 12. Do you now receive or do you expect to receive during or after your 13. Are you now or do you expect to be a party to any kind of arrangement 14. Have you received or do you expect to receive any payment or reimbursement for travel costs (e.g., transportation, moving) to or from the duty station by a former employer or clin? If so, describe the arrangement and the purpose for which such payment or reimbursement was or will be paid. 15. To your knowledge, does any employer or organization (e.g., business firm, association, union) with which you (3) were formerly associated (i.e., your most recent previous employment or association), (b) are presently associated, or (c) are otlating concerning tuture association, have a particular atur pending before the ederal Energy Administration? Do you expect it to have a matter leaf to THA in the future? If the answer is yes to any of the above, describe the particulars. Subtitle A--Office of the Secretary of Commerce Part 0 1 2 3 4 4a 5678 9 10 11 12 13 14 Employee responsibilities and conduct. The Seal of the Department of Commerce. Procedures for handling and settlement of claims under the Federal Tort Claims Act. Rules of procedure for handling contract appeals. Public information. Classification, declassification and public availability of National Security information. Operation of vending stands. Standardization of data elements and representations. [Reserved] Nondiscrimination in federally-assisted programs of the Department of Commerce effectuation of Title VI of the Civil Rights Act of 1964. Procedures for a voluntary labeling program for household appliances and equipment to effect energy conservation. Procedures for the development of voluntary product standards. Prohibition of transportation by vessel of commodities and products from and to Southern Rhodesia. Fair packaging and labeling. Procedures relating to reviews by the Secretary of Commerce. Procedural rules for proceedings conducted pursuant to enforcement of Executive Order 11246, as amended, and rules, regulations, and orders thereunder. $0.735-1 Sec. 0.735 16 0.735-17 0.735-18 0.735-19 Title 15-Commerce and Foreign Trade Indebtedness. Gambling, betting, and lotteries. General conduct prejudicial to the Government. Reporting undue influence to su- Subpart E-Statements of Employment and 0.735-20 General provisions. 0.735-38 0.735-39 Availability for counseling. 0.735-40 Disciplinary and other remedial action. 0.735-41 Inquiries and exceptions. Appendix A-Statutes Governing Conduct of Federal Employees. Appendix B-Position Categories, Grade GS 13 and Above, Requiring Statements of Employment and Financial Interests By Incumbents. Appendix C-Position Categories Below GS13 Requiring Statements of Employment and Financial Interests By Incumbents. AUTHORITY: The provisions of this Part 0 18sued under FO. 11222 of May 8, 1065, 30 FR 6483 3 CFR, 1985 Supp.; 5 CFR 735.101. SOURCE: The provisions of this Part 0 appear at 32 FR. 15222, Nov. 2, 1987, unless otherwise noted. Subpart A-General Provisions § 0.735-1 Purpose. The purpose of this part is to set forth Department of Cominerce policy and procedure relating to employee responsibilities and conduct. § 0.735-2 Relation to basic provisions. (a) This part implements the following: (1) The provisions of law cited in this part; (2) Executive Order 11222 of May 8, 1965 (3 CFR, 1965 Supp. p. 130); (3) Part 735 of the Civil Service regulations (5 CFR 735.101-735.412, inclusive). (b) This part prescribes additional standards of ethical and other conduct and reporting requirements deemed appropriate in the light of the particular functions and activities of this Department. § 0.735-3 Applicability. This part applies to all persons included within the term "employee" as defined in § 0.735-4, except as otherwise provided in this part. § 0.735-4 Definitions. For purposes of this part, except as otherwise indicated in this part: (a) "Employee": (1) Shall include: (1) Every officer and employee of the Department of Commerce (regardless of location), including commissioned officers of the Environmental Science Services Administration; and (1) Every other person who is retained, designated, appointed, or employed by a Federal officer or employee, who is engaged in the performance of a function of the Department under authority of law or an Executive act, and who is subject to the supervision of a Federal officer or employee while engaged in the performance of the duties of his position not only as to what he does but also as to how he performs his duties, regardless of whether the relationship to the Department is created by assignment, detail, contract, agreement, or otherwise. (2) Shall not include: (1) Members of the Executive Reserve except when they are serving as employees of the Department under the circumstances described in subparagraph (1) of this paragraph; (11) Members of crews of vessels owned or chartered to the Government and operated by or for the Maritime Administration under a General Agency Agreement; or Subtitle A-Off. of the Sec. of Comm. (1) Any other person who is determined legally not to be an officer or einployee of the United States. (b) "Special Government employee" shall mean an employee as defined in paragraph (a) of this section who is retained, designated, appointed, or employed to perform with or without compensation, for not to exceed 130 days during any period of 365 consecutive days, temporary duties on either a fulltime or intermittent basis. (c) Personnel officer" means a personnel official to whom the power of appointment is redelegated under Administrative Order 202-250. (d) "Operating unit" means, for purposes of this part, primary and constituent operating units designated as such in the Department Order Series of the Department of Commerce and, in addition, the Office of the Secretary. (e) "Head of an operating unit," for the purposes of this part, includes the Assistant Secretary for Administration with respect to the performance of functions under this part for the Office of the Secretary. Subpart B-General Policy § 0.735-5 General principles. Apart from statute, there are certain principles of fair dealing which have the force of law and which are applicable to all officers of the Government. A public office is a public trust. No public officer can lawfully engage in business activities which are incompatible with the duties of his office. He cannot, in his private or official character, enter into engagements in which he has, or can have, a conflicting personal interest. He cannot allow his public duties to be neglected by reason of attention to his private affairs. Such conflicts of interest are not tolerated in the case of any private fiduciary, and they are doubly proscribed for a public trustee. (40 Ops. Atty. Gen. 187, 190.) § 0.735-6 Standards required in the Federal service. 5 CFR 735.101 states: "The maintenance of unusually high standards of honesty, integrity, impartiality, and conduct by Government employees and special Government employees is essential to assure the proper performance of the Government business and the maintenance of confidence by citizens in their Government." § C.735-10 It is the policy of the Department to place as few limitations as possible on private activities or interests consistent with the public trust and the effective performance of the official business of the Department. There is no general statutory or regulatory limitation on the conduct of private activities for compensation by officers or employees of the Department, when the private activity is not connected with any interest of the Government. When the private activity does not touch upon some interest, it may be conducted if it falls outside applicable statutory limitations and regulatory limitations. Subpart C-Statutory Limitations $ 0.735-9 Employee responsibilities. Each employee and special Government employee has a positive duty to acquaint himself with the numerous statutes relating to the ethical and other conduct of employees and special employees of the Department and of the Government. Appendix A of this part contains a listing of the more important statutory provisions of general applicability. In case of doubt on any question of statutory application to fact situations that may arise, the employee should consult the text of the statutes, which will be made available to him by his organization unit, and he should also avail himself of the legal counseling provided by this part. Subpart D-Regulatory Limitations Upon Employee Conduct |