The following definitions shall govern in this interpretation of regulations in this part.

(a) "Employee" means an officer or employee of the Selective Service System including uncompensated persons, but does not include a special Government employee or a member of the uniformed services.

(b) "Executive order" means Executive Order 11222 of May 8, 1965.

(c) "Person" means an individual, a corporation, a company, an association, a firm, a partnership, a society, a joint stock company, or any other organization or institution.

(d) "Special Government employees" means a "special Government employee" as defined in section 202 of title 18 of the United States Code who is employed in the executive branch, but does not include a member of the uniformed services. Excluding a person in the uniformed services, that section covers an officer or employee who is appointed or employed, with or without compensation, to perform temporary duties, either on a full-time or intermittent basis, for not more than 130 days in any period of 365 consecutive days. (For the benefit of Reserve and National Guard Officers it should be noted that under that section a Reserve or National Guard Officer, unless otherwise an officer or employee of the United States, is classified as a special Government employee while on active duty solely for training and if serving on active duty involuntarily is classified as a special Government employee during the whole period of his involuntary service. A Reserve or National Guard Officer who is involuntarily serving a period of extended active duty in excess of 130 days is classified as an officer of

the United States and is subject to all of the prohibitions imposed by the conflict-of-interest laws.)

(e) "Uniformed services" has the meaning given that term by section 101 (3) of title 37 of the United States Code, which states that "'uniformed services' means the Army, Navy, Air Force, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service."

§ 1600.735-3

Applicability to members

of the uniformed services.

The Executive order applies to all officers and employees in the executive branch but the Civil Service regulations (5 CFR Part 735) and the regulations in this part do not. Separate regulations containing essentially the same provisions will be published by the agencies having jurisdiction over the members of the uniformed services.

§ 1600.735-4 Informing employees of standards of conduct.

(a) The provisions of this part and available counseling service shall be brought to the attention of all compensated and uncompensated employees and special Government employees of the Selective Service System immediately after this part is issued and semiannually thereafter. New employees and special Government employees shall be informed thereof at the time of their appointment. A copy of this part shall be kept permanently posted on all bulletin boards and a copy shall be given to each employee and special Government employee.

(b) A presentation on "ethics in government" shall be included in orientation programs for new employees, in supervisory training courses, and in staff training conferences.

§ 1600.735-5 Counseling service.

(a) The Director of Selective Service shall designate a counselor for the Selective Service System to serve as the designee to the Civil Service Commission on matters covered by the regulations in this part. The counselor shall be responsible for coordination of the counseling service as provided in paragraph (b) of this section and for assuring that counseling and interpretations on questions of conflicts of interest and other matters covered by this part are available to deputy counselors.

(b) The Director of Selective Service shall designate deputy counselors for the Selective Service System. Deputy

counselors shall give authoritative advice and guidance to each employee and special Government employee who seeks advice and guidance on questions of conflicts of interest and on other matters covered by this part.

§ 1600.735-6 Reviewing statements and reporting conflicts of interest.

All statements of employment and financial interests submitted under § 1600.735-62 shall be forwarded to the Director of Selective Service through the counselor. The employee or special Government employee shall be given an opportunity to explain any conflict of interest or any appearance of conflict.

§ 1600.735–7 Disciplinary and other remedial action.

(a) In addition to any penalty prescribed by law appropriate disciplinary action shall be taken or initiated by the superiors of employees and special Government employees who violate laws, rules, or regulations on conduct or fail to observe the standards of conduct prescribed in this part.

(b) When, after consideration of the explanation of the employee or special Government employee provided by § 1600.735-6, the Director of Selective Service decides that remedial action is required, he shall take immediate action to end the conflicts or appearance of conflicts of interest. Remedial action may include, but is not limited to:

(1) Changes in assigned duties; (2) Divestment by the employee or special Government employee of his conflicting interest;

(3) Disciplinary action; or

(4) Disqualification for a particular assignment. Remedial action, whether disciplinary or otherwise, shall be effected in accordance with any applicable laws, executive orders, and regulations.

Subpart B-Ethical and Other Conduct and Responsibilities of Employees § 1600.735-20 Proscribed actions.

An employee shall avoid any action, whether or not specifically prohibited by this subpart, which might result in, or create the appearance of:

(a) Using public office for private gain;

(b) Giving preferential treatment to any person;

(c) Impeding Government efficiency or economy;

(a) Employees of the Selective Service System shall not solicit or accept, directly or indirectly, anything of economic value as a gift, gratuity, favor, entertainment, or loan which is, or may appear to be, designed to in any manner influence official conduct particularly from a person who:

(1) Is seeking to obtain contractual or other business or financial relations with the Selective Service System; or

(2) Has interests that may be substantially affected by the performance or nonperformance of this duty.

No gift shall be accepted whenever the employee has any reason to believe that it would not have been made except for his official position or that the donor's private interests are likely to be affected by his actions or actions of the Selective Service System.

(b) Appropriate exceptions to paragraph (a) of this section include those that:

(1) Govern obvious family or personal relationships (such as those between the parents, children, or spouse of the employee and the employee) when the circumstances make it clear that it is those relationships rather than the business of the persons concerned which are the motivating factors;

(2) Permit acceptance of food and refreshments of nominal value on infrequent occasions in the ordinary course of a luncheon or dinner meeting or other meeting or on an inspection tour where an employee may properly be in attendance;

(3) Permit 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; and

(4) Permit acceptance of unsolicited advertising or promotional material, such as pens, pencils, note pads, calendars, and other items of nominal intrinsic value.

(c) An employee shall not solicit a contribution from another employee for

a gift to an official superior, make a

donation as a gift to an official superior, or accept a gift from an employee receiving less pay than himself (5 U.S.C. 7351). However, this paragraph does not prohibit a voluntary gift of nominal value or donation in a nominal amount made on a special occasion such as marriage, illness, or retirement.

(d) An employee shall not accept a gift, present, decoration, or other thing from a foreign government unless authorized by Congress as provided by the Constitution and in 5 U.S.C. 7342.

(e) Neither this section nor $ 1600.73522 precludes an employee from receipt of bona fide reimbursement, unless prohibited by law, for expenses of travel and such other necessary subsistence as is compatible with this part for which no Government payment or reimbursement is made. However, this paragraph does not allow an employee to be reimbursed, or payment to be made on his behalf, for excessive personal living expenses, gifts, entertainment, or other personal benefits, nor does it allow an employee to be reimbursed by a person for travel on official business under agency orders when reimbursement is proscribed by Decision B-128527 of the Comptroller General dated March 7, 1967.

§ 1600.735-22 Outside employment and other activity.

(a) An employee shall not engage in outside employment or other outside activity not compatible with the full and proper discharge of the duties and responsibilities of his Government employment. Incompatible activities include but are not limited to:

(1) Acceptance of a fee, compensation, gift, payment of expense, or any other thing of monetary value in circumstances in which acceptance may result in, or create the appearance of, conflicts of interest; or

(2) Outside employment which tends to impair his mental or physical capacity to perform his Government duties and responsibilities in an acceptable manner.

(b) An employee shall not receive any salary or anything of monetary value from a private source as compensation for his services to the Government.

(c) Employees are encouraged to engage in teaching, lecturing, and writing that is not prohibited by law or this part. However, an employee shall not, either for or without compensation, engage in teaching, lecturing, or writing that is dependent on information obtained as a

result of his Government employment, except when that information has been made available to the general public or will be made available on request, or when the Director of Selective Service gives written authorization for the use of nonpublic information on the basis that the use is in the public interest.

(d) An employee shall not engage in outside employment under a State or local government, except in accordance with Part 734 of the Civil Service regulations (5 CFR Part 734).

(e) This section does not preclude an employee from:

(1) Participation in the activities of national or State political parties not proscribed by law.

(2) Participation in the affairs of or acceptance of an award for a meritorious public contribution or achievement given by a charitable, religious, professional, social, fraternal, nonprofit educational and recreational, public service, or civic organization.