[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR73.735-1002]



[Page 191-192]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 73_STANDARDS OF CONDUCT--Table of Contents

 

   Subpart J_Provisions Relating to Experts, Consultants and Advisory 

                            Committee Members

 

Sec.  73.735-1002  Ethical standards of conduct.



    (a) Like other Federal employees, an individual serving in a 

consultant capacity must conduct himself or herself according to ethical 

behavior standards of the highest order. In particular, such an 

individual must:

    (1) Refrain from any use of office which is, or appears to be, 

motivated by a private gain for himself or herself or other persons, 

particularly those with whom he or she has family, business, or 

financial ties. The fact that desired gain, if it materializes, will not 

take place at the expense of the Government makes his or her actions no 

less improper.

    (2) Conduct himself or herself in a manner devoid of any suggestion 

that he or she is exploiting Government employment for private 

advantage. A consultant must not, on the basis of any inside 

information, enter into any speculation or recommend speculation to 

members of his or her family or business associates, in commodities, 

land, or the securities of any private company. This injunction applies 

even though the consultant's duties have no connection whatever with the 

Government programs or activities which may affect the value of such 

commodities, land, or securities. He or she should be careful in all 

personal financial activities to avoid any appearance of acting on the 

basis of information obtained in the course of his or her Government 

work.

    (3) Refrain from using information not generally available to those 

outside the Government for the special benefit of a business or other 

entity by which the consultant is employed or retained or in which he or 

she has a financial interest. Information not available to private 

industry should remain confidential in the consultant's hands and not be 

divulged to his or her private employer or clients. In cases of doubt 

whether information is generally available to the public, the consultant 

should confer with the person for whom he or she provides services, with 

the office having functional responsibility for a specific type of 

information, or, as appropriate, with the officials designated in Sec.  

73.735-202 to give interpretive and advisory service.

    (4) Where requested by a private enterprise to act for it in a 

consultant or advisory capacity and the request appears motivated by the 

desire for inside information, make a choice between acceptance of the 

tendered private employment and continuation of his or her Government 

consultancy. He or she may not engage in both.

    (5) Not use his or her position in any way to coerce, or give the 

appearance of coercing, anyone to provide a financial benefit to him or 

her or another person, particularly one with whom the consultant has 

family, business, or financial ties.

    (6) Not receive or solicit anything of value as a gift, gratuity, 

loan, entertainment, or favor for himself or herself or another person, 

particularly one with whom he or she has family, business, or financial 

ties if the acceptance would result in loss of complete independence or 

impartiality in serving the Government. All consultants are subject to 

the restrictions in Sec.  73.735-506 of this part concerning gifts and 

decorations from foreign governments.

    (b) Consultants may engage in other employment so long as there is 

no real or apparent conflict between the consultant's private employment 

and his or her official duties. See Sec.  73.735 Subpart G. The regular 

employment of a consultant who is a special Government employee is not 

considered outside work for purposes of Subpart G. Also, the limitation 

in Sec.  73.735-701(f) regarding the amount of an honorarium that may be 

received does not apply to special Government employees.

    (c) A consultant who has questions about conflicts of interest or 

the application of the regulations in this part to him or her or to his 

or her assigned work should make inquiry of the person for whom services 

are provided. That person may direct the consultant to the Department 

Ethics Counselor or



[[Page 192]]



a deputy ethics counselor for interpretative and advisory services as 

provided in Sec.  73.735-202.