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EXECUTIVE ORDER 11222

PRESCRIBING STANDARDS OF ETHICAL CONDUCT FOR GOVERNMENT OFFICERS AND EMPLOYEES

By virtue of the authority vested in me by Section 301 of Title 3 of United States Code and as President of the United States, it is hereby ordered as follows:

Part I-Policy

Section 101. Where government is based on the consent of the governed, every citizen is entitled to have complete confidence in the integrity of his government. Each individual officer, employ- ee, or adviser of government must help to earn and must honor that trust by his own integrity and conduct in all official actions.

Part II-Standards of Conduct

Section 201. (a) Except in accordance with regulations is- sued pursuant to subsection (b) of this section, no employee shall solicit or accept, directly or indirectly, any gift, gratuity, fa- vor, entertainment, loan, or any other thing of monetary value, for any person corporation,or group which--

(1) has, or is seeking to obtain, contractual or other business or financial relationships with his agency;

(2) conducts operations or activities which are regulated by his agency; or

(3) has interests which may be substantially affected by the per- formance or nonperformance of his official duty.

(b) Agency heads are authorized to issue regulations, coordinated approved by the Civil Service Commission, implementing the provi- sions of subsection (a) of this section and to provide for such ex- ceptions therein as may be necessary and appropriate in view of the nature of their agency's work and the duties and responsibilities of their employees. For example, it may be appropriate to provide excep- tions (1) governing obvious family or personal relationships where the circumstances make it clear that it is those relationships rath- er than the business of the persons concerned which are the motivat- ing factors--the clearest illustration being the parents, children or spouses of federal employees; (2) permitting acceptance of food and refreshments available in the ordinary course of a luncheon or dinner or other meeting or on inspection tours where an employee may properly be in attendance; or (3) permitting 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. This section shall be effective upon issuance of such regulations.

(c) It is the intent of this section that employees avoid any ac- tion, whether or not specifically prohibited by subsection (a), which might result in, or create the appearance of--

(1) using public office for private gain;

(2) giving preferential treatment to any organization or person;

(4) losing complete independence or impartiality of action;

(5) making a government decision outside official channels; or

(6) affecting adversely the confidence of the public in the integ- rity of the Government.

Sec. 202. An employee shall not engage in any outside em- ployment, including teaching, lecturing, or writing, which might result in a conflict, or an apparent conflict, between the private interests of the employee and his official govenment duties respon- sibilities, although such teaching lecturing, and writing by employ- ees are generally to be encourage so long as the laws, the provi- sions of this order, and Civil Service Commission and agency regu- lation covering conflict of interest and outside employment are observed.

Sec. 203. Employees may an (a) have direct or indirct fi- nancial interest that conflict substantially, or appear to conflict substantially, with their responsibilities and duties as Federal em- ployees, or (b) engage in, directly or indirectly, financial trans- actions as a result of, or primarily relying upon, information ob- tained through their employment. Aside from these restriction, em- ployees are free to engage in lawful financial transactions to the same extent as private citizens. Agencies may, however, further re- strict such transactions in the light of the special circumstances of their individual missions.

Sec. 204. An employee shall not use Federal property of any kind for other than officially approved activities. He must protect and conserve all Federal property, including equipment and supplies, entrusted or issued to him.

Sec. 205. An employee shat not directly or indirectly make use of, or permit others to make use of, for the purpose of further- ing a private interest, official information not made available to general public.

Sec. 206. An employee is expected to meet all just finan- cial obligations, especially those--such as Federal, State, or local taxes--which are imposed by law.

Part III--Standards of Ethical Conduct for Special Government Employees

Section 301. This part applies to all "special Government employees" as defined in Section 202 of Title 18 of the United States Code, who are employed in the Executive Branch.

Sec. 302. A consultant, adviser or other special Government employee must refrain from any use of his public office which is mo- tivated by, or gives the appearance of being motivated by, the desire for private gain for himself or other persons, including particulary those with whom he has family, business, or financial ties.

Sec. 303. A consultant, adviser, or other special Government employee shall not use any inside information obtained as a result of his government service for private personal gain, either by di- rect action on his part or by counsel, recommendations or sugges- tions to others, including particulary those with whom he has fam- ily, business or financial ties.

Sec. 304. An adviser, consultant, or other special Govern- ment employee shall not use his position in any way to coerce, or give the appearance of coercing, another person to provide any fi- nancial benefit to him or persons with whom he has family, busi- ness, or financial ties.

Sec. 305. An adviser consultant, or other special Govern- ment employee shall not receive or solicit from persons having busi- ness with his agency anything of value as a gift, gratuity, loan or favor for himself or persons with whom he has family, business, or financial ties while employed by the government or in connection with his work with the government.

Sec. 306. Each agency shall, at the time of employment of a consultant, advisor, or other special government employee require him to supply it with a statement of all other employment. The statement shall list the names of all the corporation, companies, firms, State or local govrnmental organizations, research organiza- tions and educational or other institutions in which he is serving as employee, officer, member, owner, director, trustee, adviser, or consultant. In addition, it shall list such other financial informa- tion as the appointing department or agency shall decide is relevant in the light of the duties the appointee is to perform. The appoint- ee may, but need not, be required to reveal precise amounts of in- vestments. The statement shall be kept current throughout the period during which the employee is on the Government rolls.

Part IV--Reporting of Financial Interests

Section 401. (a) Not later than ninety days after the date of this order, the head of each agency, each Presidential appointee in the Executive Office of the President who is not subordinate to the head of an agency in that Office, and each full-time member of a committee, board, or commission appointed by the President, shall submit to the Chairman of the Civil Service Commission a statement containing the following:

(1) A list of the names of all corporations, companies, firms or other business enterprised, partnerships, nonprofit organizations, and educational or other institutions--

(A) with which he is connected as and employee, officer, owner, director, trustee, partner, adviser, or consultant;or

(B) in which he has any continuing financial interests, through a pension or retirment plan, shared income, or otherwise,as a result of any current or prior employment or business or professional associa- tion; or

(2) A list or the names of his creditors, other than those to whom he may be indebted by reason of a mortgage on property which he occu- pies as a personal residence or to whom he may be indebted for cur- rent and ordinary household and living expenses.

(3) (a) A list of his interests in real property or rights in lands, other than property which he occupies as a personal resi- dence.

(b) Each person who enters upon duty after the date of this order in an office or position as to which a statement is required by this section shall submit such statement not later than thirty days after the date of his entrance on duty.

(c) Each statemant required by this section shall be kept up to date by submission of amended statement of any changes in, or addi- tions to, the information required to be included in the original statement, on a quarterly basis.

Sec. 402. The Civil Sevice Commisssion shall prescribe reg- ulations, not inconsistent with this part, to require the submis- sion of statements of financial interests by such employees, sub- ordinate to the heads of agencies, as the Commission may designate. The Commission shall prescribe the form and content of such state- ments and the time or times and places of such submission.

Sec. 403. (a) The interest of a spouse, minor child, or other member of his immediate household shall be condidered to be an interest of a person required to submit a statement by or pursuant to this part.

(b) In the event any information required to be included in a statement required by or pursuant to this part is not known to the person required to submit such statement but is known to other per- sons, the person concerned shall request such other person to submit the required information on his behalf.

(c) This part shall not be construed to require the submission of any information relating to any person's connection with, or interest in, any professional society or any charitable, religious, social, fraternal, educational, recreational, public service, civic, or polit- ical organization or any similar organization not conducted as a busi- ness enterprise.

Sec. 404. The Chairman of the Civil Service Commission shall report to the President any information contained in statements re- quired by Section 401 of this part which may indicate conflict be- tween the financial interests of the officer or employee concerned and the performance of his services for the Government.

Sec. 405. The statements and amended statements required by or pursuant to this part shall be held in confidence, and no infor- mation as to the contents thereof shall be disclosed except as the Chairman of the Civil Service Commission or the head of the agency conerned may determine for good cause shown.

Sec. 406. The statements and amended statements required by or pursuant to this part shall be in addition to, and not in substi- tution for, or in derogation of, any similar requirement imposed by law, regulation, or order. The submission of a statement or amended statements required by or pursuant to this part shall not be deemed to permit any person to participate in any matter in which his par- ticipation is prohibited by law, regulation, or order.

Part V--Delegating Aurhority of the President Under Sections 205 and 208 of Title 18 of the United States Code Relating to Conflicts of Interest.

Section 501. As used in this part, "department" means an executive department, "agency" means and independent agency or establishment or a Government corporation, and "head of an agency" means, in the case of and agency headed by more than one person, the chairman or comparable member of such agency.

Sec. 502. There is delegated,in accordance with and to the extent prescribed in Sections 503 and 504 of this part, the au- thority of the President under Sections 205 and 208(b) of Title 18, United States Code, to permit certain actions by an officer or em- ployee of the Government, including a special Government employee, for appointment to whose position the President is responsible.

Sec. 503. Insofar as the authority of the President referred to in Section 502 extends to any appointee of the President subordi- nate to or subject to the chairmanship of the head of a department or agency, it is delegated to such department or agency head.

Sec. 504. Insofar as the authority of the President refer- red to in Section 502 extends to an appointee of the President who is within or attached to a department or agency for purposes of ad- ministration, it is delegated to the head of such department or agency.

Sec. 505. Notwithstanding any provision of the preceding sections of this part to the contrary, this part does not include a delegation of the authority of the President referred to in Sec- tion 502 insofar as it extends to:

(a) The head of any department or agency in the Executive Branch;

(b) Presidential appointees in the Executive Office of the Presi- dent who are not subordinate to the head cf an agency in that Office; and

Part VI--Providing For the Performance By the Civil Service Commission of Certain Authority Vested In the President By Section 1753 of the Revised Statutes

Section 601. The Civil Service Commission is designated and empowered to perform, without the approval, ratification, or other action of the President, so much of the authority vested in the Pres- ident by Section 1753 of the Revised Statutes of the United States (5 U.S.C. 631) as relates to establishing regulations for the con- duct of persons in the civil service.

Sec. 602. Regulations issued under the authority of Section 601 shall be consistent with the standards of ethical conduct pro- vided elsewhere in this order.

Part VII--General Provisions

Section 701. The Civil Service Commission is authorized and directed, in addition to responsibilities assigned elsewhere in this order:

(a) To issue appropriate regulations and instructions implementing Parts II, III, IV of this order.

(b) To review agency regulations from time to time for conformance with this order;and

(c) To recommend to the President from time to time such revisions in this order as may appear necessary to ensure the maintenance of high ethical standards within the Executive Branch.

Sec. 702. Each agency head is hereby directed to supplement the standards provided by law, by this order, and by regulations of the Civil Service Commission with regulations of special applicabil- ity to the particular functions and activities of his agency. Each agency head is also directed to assure (1) the widest possible dis- tribution of regulations issued pursuant to this section, and (2) the availability of counseling for those employees who request advice or interpretation.

Sec. 703. The following are herby revoked:

(a) Executive Order No. 10939 of May 1961.

(b) Executive Order No. 11125 of October 29, 1963

(d) White House memorandum of July 20, 1961, on "Standards of Conduct for Civilian Employees."

(e) The President's Memorandum of May 2, 1963, "Preventing Con- flicts of Interest on the Part of Special Government Employees." The effective date of this revocation shall be the date issuance by the Civil Service Commission of regulations under Section 701 (a) of this order.

Sec. 704. All actions heretofore taken by the President or by his delegated in respect of the matters affected by this order and in force at the time of the issuance of this order, including any regulations prescribed or approved by the President or by his delegates in respect of such matters, shall, except as they may be inconsistent with the effect until amended, modified, or revoked pursuant to the authority conferred by this order.

Sec. 705. As used in this order, and except as othewise specifically provided herein, the term "agency" means any executive department, or any independent agency or any Government corporation; and the term "employee" means any officer or employee of and agency. term "employee"

Lyndon B. Johnson

The White House,

May 8, 1965