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§601.35 



applicable law. and shall conduct myself at 

 all times according to the rules of conduct 

 prescribed by the Secretary of Commerce. 

 This oath is freely given and without 

 mental reservation or purpose of evasion. 



§601.35 Rules of conduct. 



(a) Council members, as Federal of- 

 ficeholders, and Council employees are 

 subject to most Federal criminal stat- 

 utes covering bribery, conflict-of-inter- 

 est, disclosure of confidential informa- 

 tion, and lobbying with appropriated 

 funds. In particular, the following pro- 

 visions apply: 



(1) 18 U.S.C. 201— prohibits offer or 

 acceptance of anything of value to in- 

 fluence any official act; 



(2) 18 U.S.C. 203. 205-prohibits offi- 

 cials from representing anyone before 

 a Federal court or agency in a matter 

 involving a specific party In which the 

 United States has a direct and sub- 

 stantial Interest and in which the offi- 

 cial has worked personally and sub- 

 stantially. 



(3) 18 U.S.C. 207— prohibits a former 

 official from representing others 

 before a Federal agency concerning a 

 particular matter involving specific 

 parties in which the official participat- 

 ed personally and substantially as a 

 Federal official or which was under 

 the person's official responsibility. 



(4) 18 U.S.C. 208— prohibits official 

 acts in a matter in which the official 

 has a personal financial interest. This 

 prohibition does not apply to a finan- 

 cial Interest of a Council voting 

 member or Executive Director if the 

 official obtains a waiver under 18 

 U.S.C. 208(b). or if the financial inter- 

 est is In a harvesting, processing, or 

 marketing activity that has been dis- 

 closed in a report filed under § 601.37. 



(5) 18 U.S.C. 209— prohibits an offi- 

 cial from receiving compensation for 

 performing Federal duties from a 

 source other than the United States 

 Government. This restriction does not 

 apply to an official who has served for 

 130 days or less in a 365-day period. 



(6) 18 U.S.C. 210. 211— prohibit offer 

 or acceptance of value to procure ap- 

 pointment to public office. 



(7) 18 U.S.C. 1905— prohibits disclo- 

 sure of trade secrets or confidential 

 commercial Information except as pro- 

 vided by law. 



50 CFR Ch. VI (10-1-92 Edition) 



(8) 18 U.S.C. 1913— prohibits use of 

 appropriated funds to influence a 

 member of Congress to favor or 

 oppose any legislation or appropria- 

 tion. However, this prohibition does 

 not apply when responding to a re- 

 quest from a member of Congress or a 

 Congressional Committee. Personal 

 communleatlons of a Council member 

 or employee at his own expense that 

 are identified as such are not prohibit- 

 ed. 



(b) The Councils are responsible for 

 maintaining high standards of ethical 

 conduct among themselves, their 

 staffs, and their advisory groups. In 

 addition to abiding by the applicable 

 Federal conflict of Interest statutes, 

 both members and employees of the 

 Councils must comply with the follow- 

 ing standards of conduct: 



(1) No employee of a Council may 

 use his or her official authority or in- 

 fluence derived from his or her posi- 

 tion with the Council for the purpose 

 of interfering with or affecting the 

 result of an election to or a nomina- 

 tion for any national. State, county, or 

 municipal elective office. 



(2) No employee of a Council may be 

 deprived of employment, position, 

 work, compensation, or benefit provid- 

 ed for or made possible by the Magnu 

 son Act on account of any political ac- 

 tivity or lack of such activity In sup- 

 port of or In opposition to any candi- 

 date or any political party In any na- 

 tional. Stale, county, or municipal 

 election, or on account of his or her 

 political affiliation. 



(3) No Council member or employee 

 may pay. or offer, or promise, or solic- 

 it, or receive from any person, firm, or 

 corporation, a contribution of money 

 or anything of value in consideration 

 of either support or the use of influ- 

 ence or the promise of support, or in- 

 fluence in obtaining for any person, 

 any appointive office, place or employ- 

 ment under the Council. 



(4) No employee of a Council may 

 have a direct or Indirect financial In- 

 terest that conflicts with the fair and 

 Impartial conduct of his or her Coun- 

 cil duties. However, an Executive Di- 

 rector may retain a financial Interest 

 In harvesting, processing or marketing 

 activities, and participate In matters of 

 general public concern on the Council 



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