U.S. CIVIL SERVICE COMMISSION, FPM Letter No. 339-8. FEDERAL PERSONNEL MANUAL SYSTEM LETTER Subject: Medical fitness review of applicants. Heads of departments and independent establishments: It is the policy of the Federal Government to hire handicapped persons for positions for which they are qualified where they can perform satisfactorily the duties of the position without hazard to themselves or to others. This policy furthers the intent of section 5 of the Veterans' Preference Act which provides for the waiver of the physical requirements for veterans who are able to perforz the duties of the positions, and the requirements of Public Law 80-617, which prohibits discrimination against applicants because of a physical handicap. The Commission has modified its procedures for reviewing the medical fitness of applicants in competitive examinations. These changes have been made in order to expedite the examination process and to permit the greater con sideration of handicapped applicants for employment. Heretofore, an applicant's medical fitness has been reviewed against the requirements in an examination process. Currently, the medical fitness of applicants are no longer being evalsated in competitive examinations, except for the health categories listed below, Though applicants may not fully meet the requirements of a class of positions they may qualify for particular positions within the class. Accordingly, the appointing officer may and should give equal consideration to qualified applicants with medical impairments if these impairments will not prevent them from performing satisfactorily the duties of the particular positions for which ther have been certified. In most cases the determination as to an applicant's physical fitness for employment is more meaningful and can best be made at the time of appointment when the appointing officer can evaluate the report of medica. examination with full particulars concerning the applicant's physical condition in light of the duties of the particular position. Therefore, the review of the medical fitness of applicants in the examination process has been eliminated except where the applicant shows a history in the following health categories: 1. Emotional or mental disorder-nervous breakdown. 2. Epilepsy (blackouts, fainting spells, fits, convulsions). 3. Tuberculosis-cases which have been arrested (inactive or cured) less than two years. 4. Diabetes. 5. Heart disease. The applications of eligibles in an examination with a medical record in any of these five categories will be referred to a Commission Medical Officer for determination of medical fitness. A prior review of these categories is required because the determination of medical qualifications of applicants with these impairments cannot be made by a preemployment examination alone. Information concerning medical history and reports from physicians and hospitals of prior treatments and diagnoses must be obtained. The present authority of appointing officers to make affirmative determinatious of the medical fitness of applicants for employment in the competitive service is continued. If the appointing officer concludes that the applicant is not medically qualified and it is not possible to withhold further consideration of the eligib within the "rule of three," the case should be submitted to the certifying office as an objection to a certified eligible. The reason for the objection should be stated specifically and in detail. These cases will be reviewed expeditiously and the appointing officer will be notified promptly of the Commission's decision. There is no change in the medical standards for positions requiring full or special abilities (e.g. Firefighter, Air Traffic Controller, Immigration Patrol Inspector, etc.). For these positions, as for others, the determination of the medical suitability of candidates in examinations is shifted from the applicant stare to the appointment stage. As in the case above, a negative determination of a certified eligible's fitness by an appointing officer should be submitted to the certifying office as an objection to an eligible. In communicating with an eligible certified from a register, the appointine officer should inform the eligible that appointment is conditional on his meeting fully the medical requirements of the position. He should also inform the eligible of any unusual or specific medical requirements which must be met. This change in procedure imposes upon appointing officers the need for a more careful review of the medical fitness of certified eligibles but also gives them greater opportunity to appoint selectively, handicapped persons for positions for which they are qualified. NICHOLAS J. OGANOVIC, Executive Director. Inquiries: Extension 7246, Program Development Division, BRE. THE WHITE HOUSE. EXECUTIVE ORDER 11222 PRESCRIBING STANDARDS OF ETHICAL CONDUCT FOR GOVERNMENT OFFICERS AND EMPLOYEES By virtue of the authority vested in me by Section 301 of Title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows: PART I-POLICY SEC. 101. Where government is based on the consent of the governed, every citizen is entitled to have complete confidence in the integrity of his government. Each individual officer, employee, or adviser of government must help to earn and must honor that trust by his own integrity and conduct in all official actions. PART II-STANDARDS OF CONDUCT SEC. 201. (a) Except in accordance with regulations issued pursuant to subsection (b) of this section, no employee shall solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan, or any other thing of monetary value, from any person, corporation, or group which (1) has, or is seeking to obtain, contractual or other business or financial relationships with his agency; (2) conducts operations or activities which are regulated by his agency; or (3) has interests which may be substantially affected by the performance or nonperformance of his official duty. (b) Agency heads are authorized to issue regulations, coordinated and approved by the Civil Service Commission, implementing the provisions of subsection (a) of this section and to provide for such exceptions therein as may be necessary and appropriate in view of the nature of their agency's work and the duties and responsibilities of their employees. For example, it may be appropriate to provide exceptions (1) governing obvious family or personal relationships where the circumstances make it clear that it is those relationships rather than the business of the persons concerned which are the motivating factors the clearest illustration being the parents, children or spouses of federal employees; (2) permitting acceptance of food and refreshments available in the ordinary course of a luncheon or dinner or other meeting or on inspection tours where an employee may properly be in attendance; or (3) permitting acceptance of loans from banks or other financial institutions on customary terms to finance proper and usual activities of employees, such as home mortgage loans. This section shall be effective upon issuance of such regulations. (c) It is the intent of this section that employees avoid any action, whether or not specifically prohibited by subsection (a), which might result in, or create the appearance of (1) using public office for private gain; (2) giving preferential treatment to any organization or person; (3) impeding government efficiency or economy; (4) losing complete independence or impartiality of action; (5) making a government decision outside official channels; or (6) affecting adversely the confidence of the public in the integrity of the Government. 71-994-67-40 SEC. 202. An employee shall not engage in any outside employment, including teaching, lecturing, or writing, which might result in a conflict, or an apparent conflict, between the private interests of the employee and his official government duties and responsibilities, although such teaching, lecturing, and writing by employees are generally to be encouraged so long as the laws, the provisions of this order, and Civil Service Commission and agency regulations covering conflict of interest and outside employment are observed. SEC. 203. Employees may not (a) have direct or indirect financial interests that conflict substantially, or appear to conflict substantially, with their responsibilities and duties as Federal employees, or (b) engage in, directly or indirectly, financial transactions as a result of, or primarily relying upon, information obtained through their employment. Aside from these restrictions, employees are free to engage in lawful financial transactions to the same extent as private citizens. Agencies may, however, further restrict such transactions in the light of the special circumstances of their individual missions. SEC. 204. An employee shall not use Federal property of any kind for other than officially approved activities. He must protect and conserve all Federal property, including equipment and supplies, entrusted or issued to him. SEC. 205. An employee shall not directly or indirectly make use of, or permit others to make use of, for the purpose of furthering a private interest, official information not made available to the general public. SEC. 206. An employee is expected to meet all just financial obligations, especially those such as Federal, State, or local taxes-which are imposed by law. PART III-STANDARDS OF ETHICAL CONDUCT FOR SPECIAL GOVERNMENT EMPLOYEES SEC. 301. This part applies to all "special Government employees" as defined in Section 202 of Title 18 of the United States Code, who are employed in the Executive Branch. SEC. 302. A consultant, adviser or other special Government employee must refrain from any use of his public office which is motivated by, or gives the appearance of being motivated by, the desire for private gain for himself or other persons, including particularly those with whom he has family, business, or financial ties. SEC. 303. A consultant, &dviser, or other special Government employee shall not use any inside information obtained as a result of his government service for private personal gain, either by direct action on his part or by counsel. recommendations or suggestions to others, including particularly those with whom he has family, business, or financial ties. SEC. 304. An adviser, consultant, or other special Government employee shall not use his position in any way to coerce, or give the appearance of coercing, another person to provide any financial benefit to him or persons with whom he has family, business, or financial ties. SEC. 305. An adviser, consultant, or other special Government employee shall not receive or solicit from persons having business with his agency anything of value as a gift, gratuity, loan or favor for himself or persons with whom he has family, business, or financial ties while employed by the government or in connection with his work with the government. SEC. 306. Each agency shall, at the time of employment of a consultant, adviser, or other special Government employee require him to supply it with a statement of all other employment. The statement shall list the names of all the corporations, companies, firms, State or local government organizations, research organizations and educational or other institutions in which he is serving as employee, officer, member, owner, director, trustee, adviser, or consultant. In addition, it shall list such other financial information as the appointing department or agency shall decide is relevant in the light of the duties the appointee is to perform. The appointee may, but need not, be required to reveal precise amounts of investments. The statement shall be kept current throughout the period during which the employee is on the Government rolls. PART IV-REPORTING OF FINANCIAL INTERESTS SEC. 401. (a) Not later than ninety days after the date of this order, the head of each agency, each Presidential appointee in the Executive Office of the Pres ident who is not subordinate to the head of an agency in that Office, and each full time member of a committee, board, or commission appointed by the Pres ident, shall submit to the Chairman of the Civil Service Commission a statement containing the following: (1) A list of the names of all corporations, companies, firms, or other business enterprises, partnerships, nonprofit organizations, and educational or other institutions (A) with which he is connected as an employee, officer, owner, director, trustee, partner, adviser, or consultant; or (B) in which he has any continuing financial interests, through a pension or retirement plan, shared income, or otherwise, as a result of any current or prior employment or business or professional association; or (C) in which he has any financial interest through the ownership of stocks, bonds, or other securities. (2) A list of the names of his creditors, other than those to whom he may be indebted by reason of a mortgage on property which he occupies as a personal residence or to whom he may be indebted for current and ordinary household and living expenses. (3) A list of his interests in real property or rights in lands, other than property which he occupies as a personal residence. (b) Each person who enters upon duty after the date of this order in an office or position as to which a statement is required by this section shall submit such statement not later than thirty days after the date of his entrance on duty. (c) Each statement required by this section shall be kept up to date by submission of amended statements of any changes in, or additions to, the information required to be included in the original statement, on a quarterly basis. SEC. 402. The Civil Service Commission shall prescribe regulations, not inconsistent with this part, to require the submission of statements of financial interests by such employees, subordinate to the heads of agencies, as the Commission may designate. The Commission shall prescribe the form and content of such statements and the time or times and places for such submission. SEC. 403. (a) The interest of a spouse, minor child, or other member of his immediate household shall be considered to be an interest of a person required to submit a statement by or pursuant to this part. (b) In the event any information required to be included in a statement required by or pursuant to this part is not known to the person required to submit such statement but is known to other persons, the person concerned shall request such other persons to submit the required information on his behalf. (c) This part shall not be construed to require the submission of any information relating to any person's connection with, or interest in, any professional society or any charitable, religious, social, fraternal, educational, 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. SEC. 404. The Chairman of the Civil Service Commission shall report to the President any information contained in statements required by Section 401 of this part which may indicate a conflict between the financial interests of the official concerned and the performance of his services for the Government. The Commission shall report, or by regulation require reporting, to the head of the agency concerned any information contained in statements submitted pursuant to regulations issued under Section 402 of this part which may indicate a conflict between the financial interests of the officer or employee concerned and the performance of his services for the Government. SEC. 405. The statements and amended statements required by or pursuant to this part shall be held in confidence, and no information as to the contents thereof shall be disclosed except as the Chairman of the Civil Service Commission or the head of the agency concerned may determine for good cause shown. SEC. 406. The statements and amended statements required by or pursuant to this part shall be in addition to, and not in substitution for, or in derogatior of, any similar requirements imposed by law, regulation, or order. The submission of a statement or amended statements required by or pursuant to this part shall not be deemed to permit any person to participate in any matter in which his participation is prohibited by law, regulation, or order. 620 SEC. 2 teachin conflict. ment d by emp of this conflict SEC. that e sibilit rectly. tion o ployee privat the lis SEC than prope SEC other infor SEC cially PART SE in S Exe TE THAT HOT wrummed to in Section ros vittan or mated to a depar or agency for purposes of diesemed to the head of sub - ka cte mesing sections of this part Lerezzem (the authority of the No 3G Nhstanding az to the Pros & s hervor directed to supplement the Sundank and w regulations of the Ciril Samman Commis veri applicability to the partictus fumes and act agency head is also directed : །།། fations issued pursuan sar hereby revoked: →er No. 10939 of May 5, 1961. er No. 11125 of October 29, 1963. Executive Order No. 10530 of May 16, 15 emorandum of July 20, 1961, on "Stanin~rs of Cor ioyees." Memorandum of May 2, 1963, “Preventing Orders Part of Special Government Employees' The for on shall be the date of issuance by the G% SETIO &tations under Section 701 (a) of this order. |