[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2635.101]

[Page 541-542]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER XVI--OFFICE OF GOVERNMENT ETHICS
 
PART 2635--STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE EXECUTIVE BRANCH--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 2635.101  Basic obligation of public service.


    (a) Public service is a public trust. Each employee has a 
responsibility to the United States Government and its citizens to place 
loyalty to the Constitution, laws and ethical principles above private 
gain. To ensure that every citizen can have complete confidence in the 
integrity of the Federal Government, each employee shall respect and 
adhere to the principles of ethical conduct set forth in this section, 
as well as the implementing standards contained in this part and in 
supplemental agency regulations.
    (b) General principles. The following general principles apply to 
every employee and may form the basis for the standards contained in 
this part. Where a situation is not covered by the standards set forth 
in this part, employees shall apply the principles set forth in this 
section in determining whether their conduct is proper.
    (1) Public service is a public trust, requiring employees to place 
loyalty to the Constitution, the laws and ethical principles above 
private gain.
    (2) Employees shall not hold financial interests that conflict with 
the conscientious performance of duty.
    (3) Employees shall not engage in financial transactions using 
nonpublic Government information or allow the improper use of such 
information to further any private interest.

[[Page 542]]

    (4) An employee shall not, except as permitted by subpart B of this 
part, solicit or accept any gift or other item of monetary value from 
any person or entity seeking official action from, doing business with, 
or conducting activities regulated by the employee's agency, or whose 
interests may be substantially affected by the performance or 
nonperformance of the employee's duties.
    (5) Employees shall put forth honest effort in the performance of 
their duties.
    (6) Employees shall not knowingly make unauthorized commitments or 
promises of any kind purporting to bind the Government.
    (7) Employees shall not use public office for private gain.
    (8) Employees shall act impartially and not give preferential 
treatment to any private organization or individual.
    (9) Employees shall protect and conserve Federal property and shall 
not use it for other than authorized activities.
    (10) Employees shall not engage in outside employment or activities, 
including seeking or negotiating for employment, that conflict with 
official Government duties and responsibilities.
    (11) Employees shall disclose waste, fraud, abuse, and corruption to 
appropriate authorities.
    (12) Employees shall satisfy in good faith their obligations as 
citizens, including all just financial obligations, especially those--
such as Federal, State, or local taxes--that are imposed by law.
    (13) Employees shall adhere to all laws and regulations that provide 
equal opportunity for all Americans regardless of race, color, religion, 
sex, national origin, age, or handicap.
    (14) Employees shall endeavor to avoid any actions creating the 
appearance that they are violating the law or the ethical standards set 
forth in this part. Whether particular circumstances create an 
appearance that the law or these standards have been violated shall be 
determined from the perspective of a reasonable person with knowledge of 
the relevant facts.
    (c) Related statutes. In addition to the standards of ethical 
conduct set forth in this part, there are conflict of interest statutes 
that prohibit certain conduct. Criminal conflict of interest statutes of 
general applicability to all employees, 18 U.S.C. 201, 203, 205, 208, 
and 209, are summarized in the appropriate subparts of this part and 
must be taken into consideration in determining whether conduct is 
proper. Citations to other generally applicable statutes relating to 
employee conduct are set forth in subpart I and employees are further 
cautioned that there may be additional statutory and regulatory 
restrictions applicable to them generally or as employees of their 
specific agencies. Because an employee is considered to be on notice of 
the requirements of any statute, an employee should not rely upon any 
description or synopsis of a statutory restriction, but should refer to 
the statute itself and obtain the advice of an agency ethics official as 
needed.