Imágenes de páginas
PDF
EPUB

(1) A physician, dentist, or allied medical specialist whose services are procured to provide care and service to patients; or

(2) A veterinarian whose services are procured to provide care and service to animals.

(c) A statement of employment and financial interests required to be submitted under this section shall be submitted not later than the time of employment of the special Government employee as provided in the agency regulations. Each special Government employee shall keep his statement current throughout his employment with the agency by the submission of supplementary statements.

APPENDIX A-BRIBERY, GRAFT, AND CONFLICT OF INTEREST LAWS

1. (a) Section 203 of title 18 of the United States Code makes it unlawful for a Government officer or employee (including a special Government employee, as provided in paragraph 1(b) below) to, directly or indirectly, ask, receive, or agree to receive any compensation for any service rendered on behalf of another person before any department, agency, or officer of the United States in rela-tion to any proceeding, contract, claim, or other particular matter in which the United States is a party or has a direct and substantial interest.

(b) Section 203 also makes it unlawful for a special Government employee to, directly or indirectly, ask, receive, or agree to receive any compensation for any services rendered on behalf of another person before any department, agency, or officer of the United States in relation to any proceeding, contract, claim, or other particular matter in which the United States is a party or has a direct and substantial interest (i) in which he has participated personally and substantially in the course of his Government duties or (ii) if it is pending in his department or agency and he has served therein more than 60 days in the immediately preceding period of 365 days, even though he has not participated in the matter personally and substantially.

2. (a) Under section 205 of title 18 of the United States Code it is unlawful for a Government officer or employee, other than in the proper discharge of his official duties, (1) to act as agent or attorney for prosecuting any claim against the United States, including a claim in court, whether for compensation or not, or to receive a gratuity, or a share or interest in any such claim, for assistance in the prosecution thereof, or (ii) to act as agent or attorney for anyone else before a department, agency, or court in connection with any particular matter in which the

United States is a party or has a direct and substantial interest.

(b) Section 205 has a limited application to a special Government employee and makes it unlawful for him to act as agent or attorney only (i) in a matter involving a specific party or parties in which he has participated personally and substantially in his governmental capacity, and (ii) in a matter involving a specific party or parties which is before his department or agency, if he has served therein more than 60 days in the immediately preceding period of 365 days.

3. Section 207 of title 18 of the United States Code makes it unlawful for a former officer or employee, including a former special Government employee, to act as agent or attorney for anyone other than the United States in any particular matter involving a specific party or parties in which the United States is a party or has a direct and substantial interest and in which he participated personally and substantially as a Government officer or employee. Section 207 also makes it unlawful for any former officer or employee for 1 year after his Government employment ceases to appear personally as agent or attorney for another before any court or department or agency of the Government in connection with any particular matter in which the United States is a party or is directly and substantially interested and which was within the area of his official responsibility as a Government officer or employee within 1 year prior to the termination of such responsibility.

4. Under section 208 of title 18 of the United States Code it is unlawful for an officer or employee, including a special Government employee, to participate personally and substantially in any Government action, proceeding, or other particular matter in which to his knowledge, he, his spouse, minor child, or partner has a financial interest, or in which a business or nonprofit organization with which he is connected or is seeking employment has a financial interest.

5. Section 209 of title 18 of the United States Code makes it unlawful for an officer or employee to receive, and for anyone to pay him, any salary or supplementation of salary from a private source as compensation for his services to the Government. Section 209 does not apply to a special Government employee or to anyone serving the Government without compensation, whether or not he is a special Government employee.

6. Under the provisions of section 13(a) of the Military Selective Service Act of 1967, sections 203, 205, and 207 of title 18, United States Code, do not apply to uncompensated officers or employees of the Selective Service System or to the members of the National Selective Service Appeal Board.

APPENDIX B OTHER LAWS CONCERNING THE CONDUCT OF EMPLOYEES

1. Section 1913 of title 18 of the United States Code prohibits lobbying with appropriated moneys.

2. Section 7311 of title 5 and section 1918 of title 18 of the United States Code prohibits Federal employment of persons who are disloyal or assert the right to strike against the Government.

3. Section 784 of title 50 of the United States Code prohibits the employment of a member of a Communist organization.

4. Section 798 of title 18 of the United States Code and section 783 of title 50 of the United States Code prohibits the disclosure of classified information and section 1905 of title 18 of the United States Code prohibits the disclosure of confidential information.

5. Section 7352 of title 5 of the United States Code concerning the habitual use of intoxicants to excess.

6. Section 638a (c) of title 31 of the United States Code prohibits the use of Government vehicles or aircraft for other than official purposes.

7. Section 1719 of title 18 of the United States Code prohibits the use of official envelopes or labels to avoid payment of postage on private mail.

8. Section 1917 of title 18 of the United States Code prohibits the use of deceit in an examination or personnel action in connection with Government employment.

9. Section 1001 of title 18 of the United States Code prohibits fraud or false statements in a Government matter.

10. Sections 285 and 2071 of title 18 of the United States Code prohibits the concealing, mutilation, destruction, or other improper use of Government documents or records.

11. Section 508 of title 18 of the United States Code prohibits certain improper activities relating to Government transportation requests.

12. Sections 641, 643, and 654 of title 18 of the United States Code prohibits the embezzlement of Government money or property, the failure to account for public money, and the embezzlement of the money or property of another person in the possession of an employee by reason of his employment.

13. Subchapter III of Chapter 73 of title 5 of the United States Code and sections 602, 603, 607, and 608 of title 18 of the United States Code prohibits certain political activities (Under section 13(a) of the Military Selective Service Act of 1967, 5 U.S.C. Sections 7324-7327 do not apply to uncompensated officers and employees of the Selective Service System or to members of the National Selective Service Appeal Board).

14. Section 219 of title 18 of the United States Code prohibits an employee acting as the agent of a foreign principal registered under the Foreign Agents Registration Act.

APPENDIX C-HOUSE CONCURRENT RESOLUTION 175, 85TH CONGRESS, 2D SESSION Resolved by the House of Representatives (the Senate concurring), That it is the sense of the Congress that the following Code of Ethics should be adhered to by all Government employees, including officeholders:

CODE OF ETHICS FOR GOVERNMENT SERVICE

Any person in Government service should: 1. Put loyalty to the highest moral principles and to country above loyalty to persons, party or Government department.

2. Uphold the Constitution, laws, and legal regulations of the United States and of all governments therein and never be a party of their evasion.

3. Give a full day's labor for a full day's pay; giving to the performance of his duties his earnest effort and best thought.

4. Seek to find and employ more efficient and economical ways of getting tasks accomplished.

5. Never discriminate unfairly by the dispensing of special favors or privileges to anyone, whether for remuneration or not; and never accept, for himself or his family, favors or benefits under circumstances which might be construed by reasonable persons as influencing the performance of his governmental duties.

6. Make no private promises of any kind binding upon the duties of office, since a Government employee has no private word which can be binding on public duty.

7. Engage in no business with the Government, either directly or indirectly, which is inconsistent with the conscientious performance of his governmental duties.

8. Never use any information coming to him confidentially in the performance of governmental duties as a means for making private profit.

9. Expose corruption wherever discovered. 10. Uphold these principles, ever conscious that public office is a public trust.

[blocks in formation]

SOURCE: The provisions of this Part 1602 contained in E.O. 9979, 13, F.R. 4177, July 22, 1948; E.O. 11360, 22 F.R. 9787, July 4, 1967, unless otherwise noted. Redesignated at 14 F.R. 5021, Aug. 13, 1949.

CROSS REFERENCE: For regulations authorizing the Director of Selective Service to perform certain functions of the President under the Selective Service System, see § 1604.1 of this chapter.

§ 1602.1 Definitions to govern.

The definitions contained in section 16 of title I of the Military Selective Service Act of 1967, and the definitions contained in this part shall govern in the interpretation of the regulations in this chapter.

[E. O. 10292, 16 F. R. 9862, Sept. 28, 1951] § 1602.2 Aliens.

(a) The term "alien" means any person who is not a national of the United States.

(b) The term "national of the United States" means (1) a citizen of the United States or (2) a person who, though not a citizen of the United States, owes permanent allegiance to the United States. § 1602.3

County.

The word "county" includes, where applicable, counties, independent cities, and similar subdivisions, such as the independent cities of Virginia, the parishes of Louisiana, and the towns of the New England States.

§ 1602.4 Delinquent.

A "delinquent" is a person required to be registered under the selective service law who fails or neglects to perform any duty required of him under the provisions of the selective service law.

§ 1602.5 Governor.

The word "Governor" includes, where applicable, the Governor of each of the States of the United States, the Board of Commissioners of the District of Columbia, the Governor of Puerto Rico, the Governor of the Virgin Islands, the Governor of Guam, and the Governor of the Canal Zone.

[E.O. 10837, 24 F.R. 7506, Sep. 17, 1959] § 1602.6 Inducted mṛn.

An "inducted man" is a man who has become a member of the armed forces through the operation of the Selective Service System.

[blocks in formation]

The term "induction station" refers to any camp, post, ship, or station at which registrants who have been designated by a local board to fill a call are received by the military authorities and, if found acceptable, are inducted into military service.

§ 1602.8 Military service.

The term "military service" includes service in the Army, the Air Force, the Navy, the Marine Corps, and the Coast Guard.

[E. O. 10659, 21 F. R. 1103, Feb. 17, 1956] § 1602.9 Registrant.

Except as otherwise specifically provided, a "registrant" is a person registered under the selective service law.

§ 1602.10 Selective service law.

The term "selective service law" includes title I of the Military Selective Service Act of 1967, and all rules and regulations issued thereunder.

[E. O. 10292, 16 F. R. 9862, Sept. 28, 1951] § 1602.11 State.

The word "State" includes, where applicable, the several States of the United States, the City of New York, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, and the Canal Zone. [E.O. 10837, 24 F.R. 7506, Sept. 17, 1959] § 1602.12 Singular and plural.

Words importing the singular number shall include the plural number, and words importing the plural number shall include the singular, except where the context clearly indicates otherwise. § 1602.13

Continental United States.

The term "continental United States" means the District of Columbia and all of the several States of the United States except the States of Alaska and Hawaii. [E.O. 10837, 24 F.R. 7506, Sept. 17, 1959]

[blocks in formation]

AUTHORITY: The provisions of this Part 1603 issued under sec. 10, 62 Stat. 618, as amended; 50 U.S.C. App. 460.

SOURCE: The provisions of this Part 1603 contained in E.O. 9979, 13 F.R. 4188, July 22, 1948, unless otherwise noted. Redesignated

at 14 F.R. 5021, Aug. 13, 1949.

CROSS REFERENCE: For regulations authorizing the Director of Selective Service to perform certain functions of the President under the Selective Service System, see § 1604.1 of this chapter.

§ 1603.1 Citizenship.

No person shall be appointed to any position, either compensated or uncompensated, in the Selective Service System who is not a citizen of the United States. § 1603.2 Voluntary services.

Voluntary services in the administration of the selective service law may be accepted and should be encouraged. § 1603.3 Uncompensated services.

The services of registrars (except as the Director of Selective Service may otherwise provide), members of local boards, members of appeal boards, government appeal agents and associate government appeal agents, medical advisors to the local boards, medical advisors to the State Directors of Selective Service, advisors to registrants, interpreters, and all other persons volunteering their services to assist in the administration of the selective service law shall be uncompensated, and no such person serving without compensation shall accept remuneration from any source for services rendered in connection with selective service matters.

§ 1603.4 Oath of office and other forms.

(a) Every person who undertakes to render voluntary uncompensated service in the administration of the selective service law shall, before he enters upon his duties, execute an Oath of Office and Waiver of Pay (SSS Form No. 400).

(b) Every person who undertakes to render compensated service in the administration of the selective service law shall execute an oath of office in the form prescribed by the United States Civil Service Commission, Standard Form No. 61.

(c) Compensated and uncompensated personnel appointed for duty in the Selective Service System shall execute

such other forms as are required by law, Executive order of the President, the regulations of the United States Civil Service Commission, or the Director of Selective Service.

(d) When executed in the manner provided in paragraph (a) of this section, the Oath of Office and Waiver of Pay (SSS Form No. 400) and such other forms as may be required shall be filed in accordance with instructions issued by the Director of Selective Service. § 1603.5

Termination of appointment.

The appointment of any deputy, officer, agent, employee, or other person engaged in the administration of the selective service law, whether with or without compensation, may be terminated by resignation, death, or removal, or, in appropriate cases, by transfer or retirement.

[blocks in formation]

(a) Any person, other than a compensated civilian officer or employee, engaged in the administration of the selective service law may be removed by the Director of Selective Service. The Governor may recommend to the Director of Selective Service the removal, for cause, of any person engaged in the administration of the selective service law in his State. The Director of Selective Service shall make such investigation of the Governor's recommendation as he deems necessary and upon completion thereof shall take such action thereon as he deems proper.

(b) Any compensated civilian officer or employee engaged in the administration of the selective service law may be removed in accordance with the rules and regulations of the United States Civil Service Commission.

[blocks in formation]
[blocks in formation]

NATIONAL ADMINISTRATION

§ 1604.1 Director of Selective Service.

The Director of Selective Service shall be responsible directly to the President. The Director of Selective Service is hereby authorized and directed:

(a) To prescribe such rules and regulations as he shall deem necessary for the administration of the Selective Service System, the conduct of its officers and employees, the distribution and performance of its business, and the custody, use, and preservation of its records, papers, and property.

(b) To issue such public notices, orders, and instructions as shall be necessary for carrying out the functions of the Selective Service System.

(c) To obligate and authorize expenditures from funds appropriated for carrying out the functions of the Selective Service System.

(d) To appoint, and to fix, in accordance with the Classification Act of 1949, as amended, so far as applicable, the compensation of, such officers, agents, and employees as shall be necessary for carrying out the functions of the Selective Service System.

(e) To procure such space as he may deem necessary for carrying out the functions of the Selective Service System by lease pursuant to existing statutes except that the provisions of the act of June 30, 1932 (47 Stat. 412), as amended by section 15 of the act of March 3, 1933 (47 Stat. 1517; 40 U.S.C. 278a), shall not apply to any lease so entered into.

(f) To perform such other duties as shall be required of him under the selective service law or which may be delegated to him by the President.

(g) To delegate any of his authority to such officers, agents, or persons as he may designate, and to provide for the subdelegation of any such authority.

(h) To purchase such printing, binding, and blankbook work from public, commercial, or private printing establishments or binderies upon orders placed by the Public Printer or upon waivers issued in accordance with section 12 of the Printing Act approved January 12, 1895, as amended, and to obtain by purchase, loan, or gift such equipment and supplies for the Selective Service System, as he may deem necessary to carry out the functions of the Selective Service

« AnteriorContinuar »