29 C.F.R. § 1400.735-21

Current through October 31, 2024

Section 1400.735-21 - Miscellaneous statutory provisions

Each employee shall acquaint himself with the statutes that relate to his ethical and other conduct as an employee of the Federal Mediation and Conciliation Service and of the Government. The attention of all employees is directed to the following statutory provisions and to the accompanying chart of penalties and statutory references:

(a) House Concurrent Resolution 175, 85th Congress, 2d session, 72 Stat. B12, the "Code of Ethics for Government Service."

(b) Chapter 11 of title 18, United States Code, relating to bribery, graft, and conflicts of interest, as appropriate to the employees concerned.

(c) The prohibition against lobbying with appropriated funds (18 U.S.C. 1913 ).

(d) The prohibitions against disloyalty and striking (5 U.S.C. 7311 , 18 U.S.C. 1918 ).

(e) The prohibition against the employment of a member of a Communist organization (50 U.S.C. 784 ).

(f) The prohibitions against

(1) the disclosure of classified information (18 U.S.C. 798 , 50 U.S.C. 783 ); and

(2) the disclosure of confidential information (18 U.S.C. 1905 ).

(g) The provisions relating to the habitual use of intoxicants to excess (5 U.S.C. 7352 ).

(h) The prohibition against the misuse of a Government vehicle (31 U.S.C. 638a (c) ).

(i) The prohibition against the misuse of the franking privilege (18 U.S.C. 1719 ).

(j) The prohibition against the use of deceit in an examination of personnel action in connection with Government employment (18 U.S.C. 1917 ).

(k) The prohibition against fraud or false statements in a Government matter (18 U.S.C. 1001 ).

(l) The prohibition against mutilating or destroying a public record (18 U.S.C. 2071 ).

(m) The prohibition against counterfeiting and forging transportation requests (18 U.S.C. 508 ).

(n) The prohibitions against

(1) embezzlement of Government money or property (18 U.S.C. 641 );

(2) failing to account for public money (18 U.S.C. 643 ); and

(3) embezzlement of the money or property of another person in the possession of an employee by reason of his employment (18 U.S.C. 654 ).

(o) The prohibition against unauthorized use of documents relating to claims from or by the Government (18 U.S.C. 285 ).

(p) The prohibitions against political activities in subchapter III of chapter 73 of title 5, United States Code and 18 U.S.C. 602 , 603 , 607 , and 608 .

(q) The prohibition against an employee acting as the agent of a foreign principal registered under the Foreign Agents Registration Act (18 U.S.C. 219 ).

(r) Penalties: The following table, copied from the Federal Personnel Manual, lists maximum penalties for some of the more serious offenses.

Prohibition	Statute and United States Code	Maximum penalty
A-1. Gifts to official superiors	5 U.S.C. 7351	Removal.
A-2. Conflicts of interest:
a. Receiving compensation in relation to claims contracts, etc	18 U.S.C. 203	$10,000 fine; 2 years imprisonment or both; and removal.
b. Prosecuting claims against and other matters affecting the Government	18 U.S.C. 205	$10,000 fine; 2 years imprisonment or both.
c. Prosecuting claims involving matters connected with former duties-disqualification of partners	18 U.S.C. 207	$10,000 fine; 2 years imprisonment or both.
d. Interested persons acting as Government agents	18 U.S.C. 208	$10,000 fine; 2 years imprisonment or both.
e. Salaries from other than Government sources	18 U.S.C. 209	$5,000 fine; 1 year imprisonment or both.
A-3. Lobbying with appropriated funds	18 U.S.C. 1913	$500 fine; 1 year imprisonment or both; and removal.
A-4. Denial of rights to petition Congress	5 U.S.C. 7102	No specific penalty provided.
A-5. Failure to make return or report	18 U.S.C. 2075	$1,000 fine.
A-6. Disloyalty and striking	5 U.S.C. 7311 ; 18 U.S.C. 1918	$1,000 fine, 1 year and a day imprisonment or both; and removal.
A-7. Employment of member of proscribed communist organization	50 U.S.C. 784 et seq	$10,000 fine; 5 years imprisonment or both; and removal.
A-8. Disclosure of classified information	18 U.S.C. 798 ; 50 U.S.C. 783	$10,000 fine; 10 years imprisonment or both; and removal.
A-9. Disclosure of confidential information	18 U.S.C. 1905	$1,000 fine; 1 year imprisonment or both; and removal.
A-10. Habitual use of intoxicants to excess	5 U.S.C. 7352	Removal.
A-11. Misuse of Government vehicles	31 U.S.C. 638a(c)	Removal.
A-12. Misuse of franking privilege	18 U.S.C. 1719	$300 fine.
A-13. Deceit in examinations and personnel actions	5 U.S.C. 1917	$1,000 fine; 1 year imprisonment or both.
A-14. Fraud and false statements	18 U.S.C. 1001	$10,000 fine; 5 years imprisonment or both.
A-15. Unlawful mutilating or destroying public records	18 U.S.C. 2071(b)	$2,000 fine; 3 years imprisonment or both; and removal.
A-16. Bribery and graft:
a. Bribery of public officials	18 U.S.C. 201	$20,000 fine or three times the money or thing received, whichever is greater; 15 years imprisonment or both; and removal.
b. Acceptance or solicitation to obtain appointive office	18 U.S.C. 211	$1,000 fine; 1 year imprisonment or both.
A-17. Counterfeiting and forgery of transportation requests	18 U.S.C. 508	$5,000 fine; 10 years imprisonment or both.
A-18. Embezzlement and theft:
a. Taking money, property, or records	18 U.S.C. 641	$10,000 fine; 10 years imprisonment or both.
b. Failure to render accounts for public money	18 U.S.C. 643	Fine equal to amount embezzled; imprisonment not more than 10 years or both.
c. Wrongfully converting property of another	18 U.S.C. 654	Same as penalty immediately above.
A-19. Taking or using papers related to claims	18 U.S.C. 285	$5,000 fine; 5 years imprisonment or both.

29 C.F.R. §1400.735-21