general ethics briefing ssg tambling ssg tambling

GENERAL ETHICS GENERAL ETHICS BRIEFINGBRIEFING

SSG TamblingSSG Tambling

OVERVIEWOVERVIEW

Briefing will cover the rule on 11 Briefing will cover the rule on 11 subjects:subjects:

Conflicts of InterestConflicts of Interest

Off-Duty EmploymentOff-Duty Employment

Political ActivityPolitical Activity

FundraisingFundraising

Procurement Integrity LawProcurement Integrity Law

Gifts from Outside SourcesGifts from Outside Sources Gifts to SuperiorsGifts to Superiors

OVERVIEW, Cont’d.OVERVIEW, Cont’d.

PrivatizationPrivatization

Government PropertyGovernment Property

Misuse of Government PositionMisuse of Government Position

Training Training

TravelTravel

OFFICIAL CAPCITY vs. OFFICIAL CAPCITY vs. PERSONAL CAPACITYPERSONAL CAPACITY

Official Capacity means that:Official Capacity means that:– You are acting on behalf of the You are acting on behalf of the

governmentgovernment– You may use government resources You may use government resources

in support of your activitiesin support of your activities– You may use your government title You may use your government title

and organization nameand organization name– Military may use name and rankMilitary may use name and rank

PERSONAL CAPACITYPERSONAL CAPACITY

Acting in your personal capacity Acting in your personal capacity means that:means that:– You are acting as a private citizenYou are acting as a private citizen– You generally may not use government You generally may not use government

resourcesresources– You may not use your title and You may not use your title and

organizationorganization– Military members may use rank and Military members may use rank and

branch of military servicebranch of military service

Conflict of Interest - Conflict of Interest - MANDATORY DISQUALIFICATIONMANDATORY DISQUALIFICATION

You may not participate personally or You may not participate personally or substantially (make a decision, give advice, substantially (make a decision, give advice, make a recommendation) in any government make a recommendation) in any government matter that affect the financial interests of:matter that affect the financial interests of:– YouYou– Your spouseYour spouse– Your minor child; ORYour minor child; OR– Your general partnerYour general partner


You may not participate personally & substantially in You may not participate personally & substantially in any government matter that would affect the financial any government matter that would affect the financial interests of:interests of:• An organization in which you are serving as officer, An organization in which you are serving as officer,

director, trustee, general partner or employee, ORdirector, trustee, general partner or employee, OR• An organization with which you are negotiating for An organization with which you are negotiating for

employment (or have an arrangement for future employment (or have an arrangement for future employment)employment)

Example: Employee who is officer in professional Example: Employee who is officer in professional association may not give advice to CC on matter that association may not give advice to CC on matter that affects the association’s financial interestsaffects the association’s financial interests

Conflict of Interest - Conflict of Interest - DISCRETIONARY DISQUALIFICATIONDISCRETIONARY DISQUALIFICATION

A supervisor may disqualify an employee from A supervisor may disqualify an employee from participating in a government matter that participating in a government matter that affects the financial interests of:affects the financial interests of:

(1) A member of the employee’s household(1) A member of the employee’s household(2) A relative with whom the employee has a (2) A relative with whom the employee has a

close personal relationshipclose personal relationship(3) An organization in which employee is an (3) An organization in which employee is an

active participant (e.g., committee chair)active participant (e.g., committee chair)


A supervisor may disqualify an employee from A supervisor may disqualify an employee from participating in a government matter that affects the participating in a government matter that affects the financial interests of:financial interests of:(4) Company with which employee has business (4) Company with which employee has business relationship in personal capacity (e.g., relationship in personal capacity (e.g., customer in off-duty employment business),customer in off-duty employment business),(5) Organization in which employee served, (5) Organization in which employee served,

within the last year, as officer, director, within the last year, as officer, director, trustee, consultant, contractor or employee, trustee, consultant, contractor or employee,

(6) Organization in which employee’s spouse is (6) Organization in which employee’s spouse is

serving as officer, director, trustee, serving as officer, director, trustee, consultant, contractor or employee consultant, contractor or employee

Conflict of Interest - Conflict of Interest - DISCRETIONARY DISQUALIFICATIONDISCRETIONARY DISQUALIFICATION

Balancing testBalancing test. In above situations, supervisor . In above situations, supervisor should allow employee to participate in the should allow employee to participate in the matter only if supervisor determines that matter only if supervisor determines that government’s need to have that employee government’s need to have that employee participate in the matter outweighs the participate in the matter outweighs the appearance problems that would resultappearance problems that would result

Supervisor who makes this judgment must be Supervisor who makes this judgment must be commissioned officer or civilian GS-12 or commissioned officer or civilian GS-12 or above (exception: for General Officer com-above (exception: for General Officer com-manders, this determination is made by JA)manders, this determination is made by JA)

Conflict of Interest - Conflict of Interest - STOCK OWNERSHIPSTOCK OWNERSHIP

If you (or your spouse or minor child) own stock in a If you (or your spouse or minor child) own stock in a company, you may not work on:company, you may not work on:• Any contract awarded to the company,Any contract awarded to the company,• Any source selection in which the company is Any source selection in which the company is

competing, ORcompeting, OR• Any other government matter in which the company Any other government matter in which the company

has a financial interest (18 USC 208)has a financial interest (18 USC 208) Exception: if the stock owned by you, your spouse and Exception: if the stock owned by you, your spouse and

your minor children in a company has market value of your minor children in a company has market value of $5000 or less, you may work on government matters $5000 or less, you may work on government matters that affect the financial interests of that company (5 that affect the financial interests of that company (5 CFR 2640.202(a))CFR 2640.202(a))

Conflict of Interest -Conflict of Interest -REPRESENTING OTHERSREPRESENTING OTHERS

Federal employees may not represent individuals, Federal employees may not represent individuals, companies or other organizations before any Federal companies or other organizations before any Federal agencyagency• Applies to officers & civilians (not enlisted)Applies to officers & civilians (not enlisted)• Applies if representation is compensated (18 USC Applies if representation is compensated (18 USC

203) or uncompensated (18 USC 205)203) or uncompensated (18 USC 205)• Exception for representing certain relativesException for representing certain relatives

ExceptionException: You may engage in uncompensated : You may engage in uncompensated representation of a non-profit organization if a majority representation of a non-profit organization if a majority of the members are Federal employees or their of the members are Federal employees or their spouses or children, and if certain other conditions spouses or children, and if certain other conditions apply (18 USC 205(d))apply (18 USC 205(d))

Financial Disclosure - Financial Disclosure - OGE Form 450OGE Form 450

OGE Form 450 is “Confidential Financial Disclosure OGE Form 450 is “Confidential Financial Disclosure Report”Report”

Must complete OGE Form 450 (or 450A) if you are:Must complete OGE Form 450 (or 450A) if you are:• Colonel or below, or GS-15 & below, Colonel or below, or GS-15 & below, andand your your

duties involve decision-making or significant duties involve decision-making or significant judgment in contracting or procurement, ORjudgment in contracting or procurement, OR

• Colonel or below, Colonel or below, andand the commander of an AF the commander of an AF installation, base, air station or activityinstallation, base, air station or activity

Form must be completed within 30 days after Form must be completed within 30 days after entering such a position entering such a position andand every Oct or Nov every Oct or Nov

Fundraising - Three TypesFundraising - Three Types

Official fundraising -- can give it full Official fundraising -- can give it full supportsupport

Unofficial fundraising -- can give it Unofficial fundraising -- can give it minimal supportminimal support

Fundraising for unit welfare funds -- Fundraising for unit welfare funds -- can give it a little bit more than minimal can give it a little bit more than minimal supportsupport

Fundraising DefinitionsFundraising Definitions ““Official fundraising” means a fundraising event or Official fundraising” means a fundraising event or

effort where effort where allall funds raised go to: funds raised go to:

• Combined Federal Campaign (CFC), ORCombined Federal Campaign (CFC), OR

• The military relief societies: Air Force The military relief societies: Air Force Assistance Fund (AFAF), Army Emergency Relief, Assistance Fund (AFAF), Army Emergency Relief, or Navy-Marine Corps Relief Societyor Navy-Marine Corps Relief Society

““Unofficial fundraising” means a FR effort where Unofficial fundraising” means a FR effort where less than 100 percent of funds go to efforts listed less than 100 percent of funds go to efforts listed above (DoD/GC Ltr, 14 Mar 96)above (DoD/GC Ltr, 14 Mar 96)

Official FundraisingOfficial Fundraising Official fundraising is official government business, Official fundraising is official government business,

and DoD employees:and DoD employees:

• May use government time, equipment, supplies May use government time, equipment, supplies & project officers (AFI 36-3101, Table 1, Note 1)& project officers (AFI 36-3101, Table 1, Note 1)

• May officially endorse the effort (JER 3-210a)May officially endorse the effort (JER 3-210a)

• May use (and allow others to use) their May use (and allow others to use) their government title & organization name in government title & organization name in support of the effort (5 CFR 2635.808(b))support of the effort (5 CFR 2635.808(b))

Unofficial Fundraising - Unofficial Fundraising - Can Do’sCan Do’s

In support of an unofficial fundraising event, an In support of an unofficial fundraising event, an employee may:employee may:

• Attend the event in an official capacity if he will Attend the event in an official capacity if he will make an official speech (but official speeches at make an official speech (but official speeches at unofficial fundraising events are discouraged) unofficial fundraising events are discouraged) (DoD/GC Ltr, 18 Aug 97)(DoD/GC Ltr, 18 Aug 97)

• Attend the event in an official capacity, if his Attend the event in an official capacity, if his attendance is not used to promote the event attendance is not used to promote the event (since mere attendance at an event does not (since mere attendance at an event does not constitute “fundraising”) (DoD/GC Ltr, 18 Aug constitute “fundraising”) (DoD/GC Ltr, 18 Aug 97)97)

Unofficial Fundraising - Unofficial Fundraising - Can Do’sCan Do’s

In support of an unofficial fundraising event, an In support of an unofficial fundraising event, an employee may:employee may:

• Participate in a personal capacity, if he acts Participate in a personal capacity, if he acts outside scope of official position (JER 3-300a)outside scope of official position (JER 3-300a)

• Use e-mail to notify other employees about the Use e-mail to notify other employees about the event (with approval of supervisor who is comm. event (with approval of supervisor who is comm. officer or GS-12 or above) (JER 2-301 & 3-208)officer or GS-12 or above) (JER 2-301 & 3-208)

• Use (or allow the use of) military rank & branch of Use (or allow the use of) military rank & branch of service (5 CFR 2635.808(c)(2); JER 3-300a)service (5 CFR 2635.808(c)(2); JER 3-300a)

Unofficial Fundraising - Unofficial Fundraising - Can’t Do’sCan’t Do’s

In support of an unofficial fundraising event, an In support of an unofficial fundraising event, an employee may not:employee may not:

• Use government time or other resources (except Use government time or other resources (except e-mail) (AFI 36-3101, Table 1, Column C & Note 1)e-mail) (AFI 36-3101, Table 1, Column C & Note 1)

• Officially endorse the event or effort (JER 3-210a)Officially endorse the event or effort (JER 3-210a)

• Participate actively & visibly in the event in an Participate actively & visibly in the event in an official capacity (e.g., serve as host or chairperson, official capacity (e.g., serve as host or chairperson, sit at head table, stand in reception line) (5 CFR sit at head table, stand in reception line) (5 CFR 2635.808)2635.808)

Unofficial Fundraising - Unofficial Fundraising - Can’t Do’sCan’t Do’s

In support of an unofficial fundraising event, an In support of an unofficial fundraising event, an employee may not:employee may not:

• Personally solicit funds or other support from sub-Personally solicit funds or other support from sub-ordinates or DoD contractors (5 CFR 2635.808(c))ordinates or DoD contractors (5 CFR 2635.808(c))

• Ask subordinates to use official time (JER 3-305b)Ask subordinates to use official time (JER 3-305b)

• Solicit sales to junior personnel (JER 5-409)Solicit sales to junior personnel (JER 5-409)

• Use, or permit use of, govt. title or org. name to Use, or permit use of, govt. title or org. name to further FR effort (5 CFR 2635.808(c); JER 3-300a)further FR effort (5 CFR 2635.808(c); JER 3-300a)

Unofficial Fundraising - Unofficial Fundraising - Logistical SupportLogistical Support

An installation commander may provide logistical An installation commander may provide logistical support (e.g., use of facilities and/or equipment) to a support (e.g., use of facilities and/or equipment) to a charitable fundraising event by a non-Federal charitable fundraising event by a non-Federal organization if seven conditions are met:organization if seven conditions are met:

(1) Support does not interfere with official duties(1) Support does not interfere with official duties

(2) Support serves community relations or (2) Support serves community relations or military training interestsmilitary training interests

(3) It is appropriate to associate DoD and Air (3) It is appropriate to associate DoD and Air Force with the event Force with the event

Unofficial Fundraising - Unofficial Fundraising - Logistical SupportLogistical Support

(4) Event is of interest to local civilian community(4) Event is of interest to local civilian community

(5) Commander is able and willing to provide same (5) Commander is able and willing to provide same support to comparable events by similar support to comparable events by similar non-Federal organizationsnon-Federal organizations

(6) Providing the support is not restricted by other (6) Providing the support is not restricted by other statutes or regulationsstatutes or regulations

(7) The non-Federal org. is not affiliated with CFC, (7) The non-Federal org. is not affiliated with CFC, or, if affiliated with CFC, OPM does not object or, if affiliated with CFC, OPM does not object to to DoD support of the event (JER 3-211b)DoD support of the event (JER 3-211b)

Fundraising - Fundraising - Unit Welfare FundsUnit Welfare Funds

““Fundraising for unit welfare funds” means:Fundraising for unit welfare funds” means:

• The FR is by an organization composed primarily The FR is by an organization composed primarily of DoD employees (military or civilian) or their of DoD employees (military or civilian) or their dependents,dependents,

• The FR is among their own members, andThe FR is among their own members, and

• The FR is for the benefit of a welfare fund for The FR is for the benefit of a welfare fund for their own members or their dependents (JER 3-their own members or their dependents (JER 3-210a(6); AFI 36-3101, Table 1, Note 2; DoDD 210a(6); AFI 36-3101, Table 1, Note 2; DoDD 5035.1, para. C6; E.O. 12353, para. 7)5035.1, para. C6; E.O. 12353, para. 7)


Examples of FR for “unit welfare funds”:Examples of FR for “unit welfare funds”:

• Selling coffee mugs adorned with squadron Selling coffee mugs adorned with squadron emblem to raise money for the squadron’s emblem to raise money for the squadron’s flower/gift fundflower/gift fund

• Having “silent auction” at the office picnic, Having “silent auction” at the office picnic, where money raised will go to the office’s where money raised will go to the office’s flower/gift fundflower/gift fund

• Having car wash or bake sale, with money Having car wash or bake sale, with money raised going to pay for office’s holiday partyraised going to pay for office’s holiday party


Rules for fundraising for unit welfare funds are Rules for fundraising for unit welfare funds are generally the same as for unofficial fundraisinggenerally the same as for unofficial fundraising• One exception: official endorsement of FR for One exception: official endorsement of FR for

unit welfare funds is permitted (JER 3-unit welfare funds is permitted (JER 3-210a(6))210a(6))

FR for unit welfare funds during CFC or AFAF:FR for unit welfare funds during CFC or AFAF:• If event is at the workplace, it is not permitted If event is at the workplace, it is not permitted

(AFI 36-3101, Table 1, Rule 3) (AFI 36-3101, Table 1, Rule 3)• If event is away from the workplace, it can be If event is away from the workplace, it can be

permitted if it does not detract from CFC/AFAF permitted if it does not detract from CFC/AFAF (AFI 36-3101, Table 1, Rule 4)(AFI 36-3101, Table 1, Rule 4)

Fundraising - Misc. RulesFundraising - Misc. Rules Collection boxesCollection boxes -- Putting out boxes to collect -- Putting out boxes to collect

toys, canned goods, clothing, etc., in public toys, canned goods, clothing, etc., in public areas (e.g., entrances or lobbies of buildings) areas (e.g., entrances or lobbies of buildings) is not considered fundraising and can be is not considered fundraising and can be approved by the Installation Commander approved by the Installation Commander (DoDD 5035.1, para. C7; OGE Memorandum, (DoDD 5035.1, para. C7; OGE Memorandum, 23 Mar 94)23 Mar 94)

Military ball fundraisersMilitary ball fundraisers -- For guidance on -- For guidance on thisthis subject, see DoD/GC Ltr, 14 Mar 96subject, see DoD/GC Ltr, 14 Mar 96

Gifts from Outside SourcesGifts from Outside Sources Employees may not accept gifts:Employees may not accept gifts:

• Offered because of their official position, OROffered because of their official position, OR• From a “prohibited source” (DoD contractor)From a “prohibited source” (DoD contractor)

30 exceptions (actually 9 items excluded from 30 exceptions (actually 9 items excluded from definition of a gift, and 21 exceptions)definition of a gift, and 21 exceptions)

Gifts to relatives -- because of their Gifts to relatives -- because of their relationship with you -- are considered to be relationship with you -- are considered to be gifts to yougifts to you

Exclusions from the Exclusions from the Definition of “Gift”Definition of “Gift”

Modest items of food & drink not part of a meal Modest items of food & drink not part of a meal (e.g., coffee, soft drinks, donuts, hors d’oeuvres)(e.g., coffee, soft drinks, donuts, hors d’oeuvres)

Items with little intrinsic value intended solely Items with little intrinsic value intended solely for presentation (e.g., plaques, certificates & for presentation (e.g., plaques, certificates & trophies)trophies)

Opportunities & benefits offered to the public, to Opportunities & benefits offered to the public, to all government employees, or to all military all government employees, or to all military personnel Example: “military discount” for personnel Example: “military discount” for airlines & hotelsairlines & hotels

Gifts -- $20/$50 RuleGifts -- $20/$50 Rule You may accept gifts up to $20 in value at one time You may accept gifts up to $20 in value at one time

(but never cash or investments)(but never cash or investments)

Gifts from one source (e.g., one company) can’t Gifts from one source (e.g., one company) can’t exceed $50 in value in a calendar yearexceed $50 in value in a calendar year

You may not “buy down” to $20, I.e., pay $5 and then You may not “buy down” to $20, I.e., pay $5 and then accept a gift worth $25accept a gift worth $25

The $20 limit is per occasion The $20 limit is per occasion andand per source -- per source -- example: at trade show you may accept gifts worth example: at trade show you may accept gifts worth $20 or less from four contractors (as long as $50 $20 or less from four contractors (as long as $50 annual per company cap is not exceededannual per company cap is not exceeded

Gifts -- Gifts -- Widely Attended Widely Attended

GatheringsGatherings

A DoD employee may accept free attendance at an A DoD employee may accept free attendance at an event (e.g., dinner, reception, conference, seminar, event (e.g., dinner, reception, conference, seminar, training course) if it is determined that:training course) if it is determined that:

(1) Large number of persons expected to attend,(1) Large number of persons expected to attend,

(2) His attendance would further DoD programs or (2) His attendance would further DoD programs or operations,operations,

(3) Attendees have diversity of views or interests, (3) Attendees have diversity of views or interests,

andand

Gifts -- Gifts -- Widely Attended Widely Attended

GatheringsGatherings

(4) Cost of employee’s free attendance is paid for by:(4) Cost of employee’s free attendance is paid for by:

(A) the sponsor of the event, OR(A) the sponsor of the event, OR(B) a non-sponsor that pays for one or more (B) a non-sponsor that pays for one or more government employees, but doesn’t choose government employees, but doesn’t choose which employee(s) it will pay for, ORwhich employee(s) it will pay for, OR(C) a non-sponsor that picks which government (C) a non-sponsor that picks which government employee(s) it will pay for, if more than 100 employee(s) it will pay for, if more than 100 people are expected to attend, and the value of people are expected to attend, and the value of free atten-dance (for the employee & spouse) is free atten-dance (for the employee & spouse) is $250 or less$250 or less

Gifts - Social Invitation Gifts - Social Invitation NOT from a prohibited NOT from a prohibited

sourcesource DoD employees may accept food, refreshments and DoD employees may accept food, refreshments and

entertainment at a social event if:entertainment at a social event if:• The invitation is not from a “prohibited source;”The invitation is not from a “prohibited source;”• Several persons will attend the event, Several persons will attend the event, andand• No fee is charged to anyone who attendsNo fee is charged to anyone who attends

You may not accept travel or lodging under this ruleYou may not accept travel or lodging under this rule

Example: Base commander & spouse are invited to Example: Base commander & spouse are invited to dinner party hosted by local real estate developerdinner party hosted by local real estate developer

Gifts from Foreign Gifts from Foreign GovernmentsGovernments

You generally may keep a gift from a foreign govt., if You generally may keep a gift from a foreign govt., if it has a market value of $260 or less (AFI 51-901)it has a market value of $260 or less (AFI 51-901)

Gift worth more than $260Gift worth more than $260• Personal property items belong to governmentPersonal property items belong to government• Travel expenses can accepted with CC approvalTravel expenses can accepted with CC approval

If foreign government is engaged in selling to DoD, If foreign government is engaged in selling to DoD, you should seek advice before retaining the giftyou should seek advice before retaining the gift

Rules apply to active duty, reservists, civilian Rules apply to active duty, reservists, civilian employees, and the dependents of eachemployees, and the dependents of each

Gifts to Superiors -Gifts to Superiors -General RulesGeneral Rules

SuperiorsSuperiors: An employee may not give a gift to : An employee may not give a gift to his or her superior, except:his or her superior, except:• Under the rule for occasional gifts, ORUnder the rule for occasional gifts, OR• Under the rule for special occasion giftsUnder the rule for special occasion gifts

Non-superiorsNon-superiors: An employee may not give a gift : An employee may not give a gift to a non-superior who receives more pay, except:to a non-superior who receives more pay, except:• Under the rule for occasional gifts,Under the rule for occasional gifts,• Under the rule for special occasion gifts, ORUnder the rule for special occasion gifts, OR• The two employees have a personal The two employees have a personal

relationship that would justify the giftrelationship that would justify the gift

Gifts to Superiors - Gifts to Superiors - DefinitionsDefinitions

““Superior” means:Superior” means:• Your supervisor,Your supervisor,• Your supervisor’s supervisor, Your supervisor’s supervisor, andand• Everyone up the chain of commandEveryone up the chain of command

““Gift” does not include cards, plaques or Gift” does not include cards, plaques or certificates, if they have little intrinsic valuecertificates, if they have little intrinsic value

Gifts to Superiors - Gifts to Superiors - Occasional GiftsOccasional Gifts

You may give to a superior on an occasional You may give to a superior on an occasional basis (e.g., birthday, Boss’ Day, promotion):basis (e.g., birthday, Boss’ Day, promotion):• Item(s) worth $10 or less (but not cash),Item(s) worth $10 or less (but not cash),• Food and/or beverage that is shared in Food and/or beverage that is shared in

office,office,• Hospitality provided at your home,Hospitality provided at your home,• Item(s) customarily given when receiving Item(s) customarily given when receiving

hospitality from your superior (e.g., bottle of hospitality from your superior (e.g., bottle of wine when boss invites you to dinner), ORwine when boss invites you to dinner), OR

• Leave transferred under Vol. Leave Transfer Leave transferred under Vol. Leave Transfer Program to non-supervisor (civilians only)Program to non-supervisor (civilians only)

Gifts to Superiors on Gifts to Superiors on Special OccasionsSpecial Occasions

More liberal rules for gifts on special occasionsMore liberal rules for gifts on special occasions

““Special occasion” means:Special occasion” means:

• Infrequent & significant personal occasions Infrequent & significant personal occasions (e.g., marriage, illness, birth or adoption of (e.g., marriage, illness, birth or adoption of a child), ORa child), OR

• Termination of the superior-subordinate Termination of the superior-subordinate relationship (e.g., retirement, PCS, transfer)relationship (e.g., retirement, PCS, transfer)

Gifts on Special Occasions Gifts on Special Occasions from Youfrom You

Gift to superiorGift to superior. If the gift is from you only, . If the gift is from you only, and is to a superior, there is no dollar limit, but and is to a superior, there is no dollar limit, but the gift must be “appropriate to the occasion”the gift must be “appropriate to the occasion”

Gift to non-superior who receives more payGift to non-superior who receives more pay. . If the gift is from you only, and the gift is to If the gift is from you only, and the gift is to someone who is not your superior (I.e., not in someone who is not your superior (I.e., not in your chain of command), but who receives your chain of command), but who receives more pay than you, there is no dollar limit, but more pay than you, there is no dollar limit, but the gift must be “appropriate to the occasion”the gift must be “appropriate to the occasion”

Gifts to Superiors Gifts to Superiors from a Groupfrom a Group

If a special occasion gift to a superior is from a If a special occasion gift to a superior is from a group containing one or more subordinates, then:group containing one or more subordinates, then:

• Group members may not Group members may not solicitsolicit contributions of contributions of more than $10 from other group members.more than $10 from other group members.

• There is no legal prohibition on group members There is no legal prohibition on group members contributing more than $10 toward the group contributing more than $10 toward the group gift. However, the person or committee in gift. However, the person or committee in charge of collecting for the gift may inform charge of collecting for the gift may inform group members that contributions of more than group members that contributions of more than $10 are not desired and will not be accepted.$10 are not desired and will not be accepted.

Gifts to Superiors Gifts to Superiors from a Groupfrom a Group

If a special occasion gift (or gifts) to a superior is If a special occasion gift (or gifts) to a superior is from a group containing one or more from a group containing one or more subordinates, then:subordinates, then:

• The market value of the gift (or gifts) cannot The market value of the gift (or gifts) cannot exceed $300 (JER 2-203a)exceed $300 (JER 2-203a)

• The cost of food, refreshments & The cost of food, refreshments & entertainment provided to the employee and entertainment provided to the employee and his personal guests to mark the special his personal guests to mark the special occasion does occasion does notnot count toward the $300 limit count toward the $300 limit (JER 2-203a(2)) (JER 2-203a(2))

Government PropertylGovernment Propertyl Basic rule: Employees shall not use government Basic rule: Employees shall not use government

property for “other than authorized purposes” property for “other than authorized purposes” (5 CFR 2635.704) -- so look to specific legal rules(5 CFR 2635.704) -- so look to specific legal rules

Rules on government vehicles (AFI 24-301, Rules on government vehicles (AFI 24-301, Chap. 3)Chap. 3)

Rules on use of internet (AFI 33-129, 1 Jan 97)Rules on use of internet (AFI 33-129, 1 Jan 97)

Rules on government postage (AF Supplement Rules on government postage (AF Supplement to DoD Official Mail Manual; OpJAGAF 1995/103)to DoD Official Mail Manual; OpJAGAF 1995/103)

Government Property - E-Government Property - E-mailmail

Govt. e-mail may be used for personal Govt. e-mail may be used for personal communications if supervisor (who is communications if supervisor (who is commissioned officer or GS-11 or above) commissioned officer or GS-11 or above) determines:determines:

(1) No adverse effect on performance of duties,(1) No adverse effect on performance of duties,(2) Use is of reasonable duration & frequency,(2) Use is of reasonable duration & frequency,(3) Use serves a legitimate public interest,(3) Use serves a legitimate public interest,(4) Use does not reflect adversely on Air Force,(4) Use does not reflect adversely on Air Force,(5) Use does not overburden the system, (5) Use does not overburden the system, andand(6) Use does not create significant additional cost(6) Use does not create significant additional cost [JER ¶ 2-301a; AFI 33-119, 1 Mar 99, ¶ 3.3.2.][JER ¶ 2-301a; AFI 33-119, 1 Mar 99, ¶ 3.3.2.]

Government Property - E-Government Property - E-mailmail

Govt. e-mail cannot be used for the following:Govt. e-mail cannot be used for the following:(1) Sending items in violation of copyright laws(1) Sending items in violation of copyright laws(2) Sending e-mail for personal financial gain(2) Sending e-mail for personal financial gain(3) Misrepresenting your identity or affiliation(3) Misrepresenting your identity or affiliation(4) Sending harassing or offensive material, (4) Sending harassing or offensive material,

including humor in poor taste, political or including humor in poor taste, political or religious lobbying, & pornographic itemsreligious lobbying, & pornographic items

(5) Using someone else’s user ID w/o authority(5) Using someone else’s user ID w/o authority(6) Causing congestion on the network(6) Causing congestion on the network [JER ¶ 2-301a; AFI 33-119, 1 Mar 99, ¶ 3.3.1.][JER ¶ 2-301a; AFI 33-119, 1 Mar 99, ¶ 3.3.1.]

Misuse of PositionMisuse of Position DoD employees must use official time to perform DoD employees must use official time to perform

official duties (5 CFR 2635.705(a)) official duties (5 CFR 2635.705(a)) DoD employees may not ask or direct their DoD employees may not ask or direct their

subordinates to use official time for other than subordinates to use official time for other than official duties (5 CFR 2635.705(b))official duties (5 CFR 2635.705(b))

DoD employees may not use government property DoD employees may not use government property for other than authorized purposes (5 CFR for other than authorized purposes (5 CFR 2635.704)2635.704)

DoD employees may not use non-public DoD employees may not use non-public information to further their own private interests, information to further their own private interests, or the private interests of others (5 CFR 2635.703)or the private interests of others (5 CFR 2635.703)

Letters of Letters of RecommendationRecommendation

When writing a letter of recommendation (or a When writing a letter of recommendation (or a character reference), you may use official character reference), you may use official stationery and may sign using your official title, stationery and may sign using your official title, only if the letter is based upon your personal only if the letter is based upon your personal knowledge of the ability or character of: knowledge of the ability or character of: • An individual with whom you have dealt in the An individual with whom you have dealt in the

course of Federal employment, ORcourse of Federal employment, OR• An individual whom you are recommending for An individual whom you are recommending for

Federal employment (5 CFR 2635.702(b))Federal employment (5 CFR 2635.702(b)) Otherwise, you may not use official stationery and Otherwise, you may not use official stationery and

you may not sign the letter using your official titleyou may not sign the letter using your official title

Letters of Appreciation to Letters of Appreciation to ContractorsContractors

Appropriated fund contractsAppropriated fund contracts -- there is no prohibition -- there is no prohibition on writing letters of appreciation to contractor on writing letters of appreciation to contractor employees on appropriated fund contracts, but check employees on appropriated fund contracts, but check with the contracting officer first to make sure he/she with the contracting officer first to make sure he/she agrees concerning the quality of contractor employee’s agrees concerning the quality of contractor employee’s performanceperformance

NAF contractsNAF contracts -- Air Force Manual 64-302, Non- -- Air Force Manual 64-302, Non-appropriated Fund Contracting, para. 1.4 states: appropriated Fund Contracting, para. 1.4 states: “Letters of Appreciation to Commercial Firms. Do not “Letters of Appreciation to Commercial Firms. Do not send formal or informal letters of appreciation to send formal or informal letters of appreciation to contractors. A job well done and timely payments show contractors. A job well done and timely payments show the success of the contract.”the success of the contract.”

Misuse of Position - Misuse of Position - Sales to Junior PersonnelSales to Junior Personnel Active duty, civilians and reservists may not Active duty, civilians and reservists may not

knowingly solicit, or make solicited sales to, knowingly solicit, or make solicited sales to, personnel junior in rank, grade, or position, or personnel junior in rank, grade, or position, or their family members, on or off duty (JER 5-409)their family members, on or off duty (JER 5-409)

If there is no coercion or intimidation by the If there is no coercion or intimidation by the senior employee, the following is permitted:senior employee, the following is permitted:• Retail sales made during off-duty Retail sales made during off-duty

employment, employment, • Sale or lease of non-commercial personal or Sale or lease of non-commercial personal or

real property (e.g., a car or house), andreal property (e.g., a car or house), and• Sales made because junior approaches seniorSales made because junior approaches senior

Off-Duty EmploymentOff-Duty Employment Certain employees required to get prior approval of Certain employees required to get prior approval of

ODE -- rule may depend on what MAJCOM you work ODE -- rule may depend on what MAJCOM you work for -- use AF Form 3902 to get approvalfor -- use AF Form 3902 to get approval

ODE can be disapproved only if it:ODE can be disapproved only if it:• Is prohibited by statute or regulation,Is prohibited by statute or regulation,• Would detract from readiness, ORWould detract from readiness, OR• Would create a security risk (JER 2-206, 2-303)Would create a security risk (JER 2-206, 2-303)

AFMC employees (military and civilian) are required AFMC employees (military and civilian) are required to obtain prior written approval for ODE (AFMC to obtain prior written approval for ODE (AFMC Instruction 51-201)Instruction 51-201)

Off-Duty Employment -Off-Duty Employment -Teaching, Speaking, Teaching, Speaking,

WritingWriting DoD employees may not receive compensation DoD employees may not receive compensation

for teaching, speaking or writing if:for teaching, speaking or writing if:• It’s part of their official duties,It’s part of their official duties,• They’re invited because of their official position They’re invited because of their official position

or invitation is from a prohibited source,or invitation is from a prohibited source,• Activity draws on non-public information,Activity draws on non-public information,• Subject deals with matter they’re assigned to Subject deals with matter they’re assigned to

now or during previous 1-year period, ORnow or during previous 1-year period, OR• Subject deals with any announced or ongoing Subject deals with any announced or ongoing

DoD policy, program or operation (5 CFR DoD policy, program or operation (5 CFR 2635.807(a))2635.807(a))

Off-Duty EmploymentOff-Duty Employment --Teaching, Speaking, Teaching, Speaking,

WritingWriting Compensation ban does not apply to:Compensation ban does not apply to:

• Teaching a course requiring multiple presentations at Teaching a course requiring multiple presentations at elementary/secondary school or collegeelementary/secondary school or college

• Teaching, speaking or writing on a subject within Teaching, speaking or writing on a subject within one’s discipline or inherent area of expertise, based one’s discipline or inherent area of expertise, based on educational background or experienceon educational background or experience

Definition of “compensation”Definition of “compensation”• Includes any form of income and travel expensesIncludes any form of income and travel expenses• Does not include waiver of attendance fee, meals Does not include waiver of attendance fee, meals

furnished as part of event where speech takes place, furnished as part of event where speech takes place, course materials, or videotape of speechcourse materials, or videotape of speech

Political ActivityPolitical Activity Rules for military in DoDD 1344.10 and AFI 51-902Rules for military in DoDD 1344.10 and AFI 51-902 Rules for civilians in Hatch Act and 5 CFR Part 734Rules for civilians in Hatch Act and 5 CFR Part 734

• Hatch Act (5 USC 7321-7326) amended in 1993Hatch Act (5 USC 7321-7326) amended in 1993• Hatch Act implementing regulation (Part 734) Hatch Act implementing regulation (Part 734)

revised in 1996; Part 734 in hard-bound copy of revised in 1996; Part 734 in hard-bound copy of JER is out-of-date, so look in CFRJER is out-of-date, so look in CFR

• Hatch Act guidance available at www.osc.govHatch Act guidance available at www.osc.gov Military advisory committee of Member of CongressMilitary advisory committee of Member of Congress

• Military may not serve (OpJAGAF 1996/146)Military may not serve (OpJAGAF 1996/146)• Civilians may not serve (OpJAGAF 1997/130)Civilians may not serve (OpJAGAF 1997/130)

Procurement IntegrityProcurement Integrity Ban on Federal employees receiving gifts from Ban on Federal employees receiving gifts from

competing contractors (but all the gift restrictions competing contractors (but all the gift restrictions in the Joint Ethics Regulation still apply)in the Joint Ethics Regulation still apply)

Requirement for Federal employees to receive Requirement for Federal employees to receive Procurement Integrity training (but requirement Procurement Integrity training (but requirement for initial & annual ethics training still applies)for initial & annual ethics training still applies)

Requirement for anyone to complete PI certificatesRequirement for anyone to complete PI certificates The 2-year post-government employment rule, & The 2-year post-government employment rule, &

the terms “procurement official” & “competing the terms “procurement official” & “competing contractor”contractor”

Procurement IntegrityProcurement Integrity

Ban on disclosing procurement information Ban on disclosing procurement information

Ban on obtaining procurement informationBan on obtaining procurement information

Requirement to report employment contactsRequirement to report employment contacts

The 1-year ban on accepting compensation The 1-year ban on accepting compensation from a contractor that was awarded a contract from a contractor that was awarded a contract over $10,000,000over $10,000,000

Procurement IntegrityProcurement Integrity

The new Procurement Integrity law prohibits, The new Procurement Integrity law prohibits, before contract award, the disclosure of:before contract award, the disclosure of:• Source selection information, &Source selection information, &• Contractor bid or proposal informationContractor bid or proposal information

The ban (41 USC 423(a)) applies to:The ban (41 USC 423(a)) applies to:• Current Current andand former Federal employees, & former Federal employees, &• Anyone who is advising Anyone who is advising oror has advised the has advised the

U.S. Government regarding the procurement U.S. Government regarding the procurement (i.e., contractor employees & consultants) (i.e., contractor employees & consultants)

Procurement Integrity - Procurement Integrity - Ban on Obtaining Procurement Ban on Obtaining Procurement

InformationInformation

The new Procurement Integrity law provides The new Procurement Integrity law provides that a person may not knowingly obtain that a person may not knowingly obtain “source selection information” or “contractor “source selection information” or “contractor bid or proposal information” before contract bid or proposal information” before contract award, other than as provided by lawaward, other than as provided by law

The ban (41 USC 423(b)) applies to everyone, The ban (41 USC 423(b)) applies to everyone, including Federal employees and contractor including Federal employees and contractor employeesemployees

Procurement Integrity - Procurement Integrity - Employment Contact Reporting RuleEmployment Contact Reporting Rule

If an employee (officer, enlisted or civilian) is --If an employee (officer, enlisted or civilian) is --• Participating personally & substantially in a Participating personally & substantially in a

procurement, andprocurement, and• Contacts, or is contacted by, a bidder or offeror Contacts, or is contacted by, a bidder or offeror

regarding possible employment,regarding possible employment,

then the employee must --then the employee must --• Give written report to supervisor & Designated Give written report to supervisor & Designated

Agency Ethics Official or designee, andAgency Ethics Official or designee, and• Either (1) reject the possibility of employment, or (2) Either (1) reject the possibility of employment, or (2)

be disqualified from working on procurement until be disqualified from working on procurement until job discussions end & there is job discussions end & there is nono arrangement for arrangement for employmentemployment

Procurement Integrity - Procurement Integrity - Employment Contact Reporting RuleEmployment Contact Reporting Rule

Rule applies only to contracts in excess of Rule applies only to contracts in excess of simplified acquisition threshold ($100,000)simplified acquisition threshold ($100,000)

Rule applies only between date when bids or Rule applies only between date when bids or proposals are received & contract award dateproposals are received & contract award date

• Rule applies to contacts with “bidders” & Rule applies to contacts with “bidders” & “offerors”“offerors”

• A company is not a “bidder” or “offeror” until it A company is not a “bidder” or “offeror” until it submits a bid or offersubmits a bid or offer

Procurement Integrity - Procurement Integrity - One Year Compensation One Year Compensation

BanBan People who serve in one of seven positions, People who serve in one of seven positions,

or who make one of seven types of decisions, or who make one of seven types of decisions, on a contract over $10 million, may not accept on a contract over $10 million, may not accept compensation from the contractor for 1 yearcompensation from the contractor for 1 year

1-year ban is on accepting compensation from 1-year ban is on accepting compensation from the contractor as an employee, consultant, the contractor as an employee, consultant, officer or directorofficer or director

Ban can apply to officers, enlisted & civiliansBan can apply to officers, enlisted & civilians

Procurement Integrity - Procurement Integrity - Positions Resulting in 1 Year Positions Resulting in 1 Year

Compensation BanCompensation Ban

Procuring Contracting OfficerProcuring Contracting Officer Source Selection AuthoritySource Selection Authority Member of Source Selection Evaluation Member of Source Selection Evaluation

BoardBoard Chief of financial or technical evaluation Chief of financial or technical evaluation

teamteam Program ManagerProgram Manager Deputy Program ManagerDeputy Program Manager Administrative Contracting OfficerAdministrative Contracting Officer

Procurement Integrity - Procurement Integrity - Decisions Resulting in 1 Year Decisions Resulting in 1 Year


Decision to award a contract over $10 millionDecision to award a contract over $10 million

Decision to award a subcontract over $10 Decision to award a subcontract over $10 millionmillion

Decision to award a modification that is over Decision to award a modification that is over $10 million of a contract or subcontract$10 million of a contract or subcontract

Decision to award a task order or delivery Decision to award a task order or delivery order over $10 millionorder over $10 million

Procurement Integrity - Procurement Integrity - Decisions Resulting in 1 Year Decisions Resulting in 1 Year


Decision to establish overhead or other rates Decision to establish overhead or other rates applicable to a contract or contracts valued applicable to a contract or contracts valued over $10 millionover $10 million

Decision to approve issuance of a contract Decision to approve issuance of a contract payment or payments over $10 millionpayment or payments over $10 million

Decision to pay or settle claim over $10 millionDecision to pay or settle claim over $10 million

Procurement Integrity - Procurement Integrity - 1 Year Compensation Ban1 Year Compensation Ban

1-year ban does not apply to accepting 1-year ban does not apply to accepting compensation from any division or affiliate of a compensation from any division or affiliate of a contractor that does not produce the “same or contractor that does not produce the “same or similar products or services” as the entity of similar products or services” as the entity of the contractor that has the contract the person the contractor that has the contract the person worked onworked on

People can request legal opinion on whether People can request legal opinion on whether ban applies (“30-day letter”) -- must be issued ban applies (“30-day letter”) -- must be issued within 30 days after receipt of written request within 30 days after receipt of written request (or as soon thereafter as practicable)(or as soon thereafter as practicable)

Post-Government Post-Government EmploymentEmployment

Lifetime Representation BanLifetime Representation Ban

If a Federal employee participates personally & If a Federal employee participates personally & substantially in a contract, he may go to work substantially in a contract, he may go to work for the contractor, but may for the contractor, but may nevernever act as act as contractor’s negotiator or representative before contractor’s negotiator or representative before any Federal agency any Federal agency on that contracton that contract (18 USC (18 USC 207(a)(1))207(a)(1))

Applies to officers & civilians, but not enlistedApplies to officers & civilians, but not enlisted

Applies to contracts & other “particular matters” Applies to contracts & other “particular matters” (asset sales, environmental claims, personnel (asset sales, environmental claims, personnel actions)actions)

Post-Government Post-Government EmploymentEmployment

2 Year Representation Ban2 Year Representation Ban

If a Federal employee has a contract under her If a Federal employee has a contract under her official responsibility during her last year in the official responsibility during her last year in the government, she may go to work for the government, she may go to work for the contractor, but may not, for 2 years, act as contractor, but may not, for 2 years, act as contractor’s negotiator or representative before contractor’s negotiator or representative before any Federal agency any Federal agency on that contracton that contract (18 USC (18 USC 207(a)(2))207(a)(2))

Applies to officers & civilians, but not enlistedApplies to officers & civilians, but not enlisted

Applies to contracts & other “particular matters” Applies to contracts & other “particular matters” (asset sales, environ. claims, personnel actions)(asset sales, environ. claims, personnel actions)

What is Prohibited byWhat is Prohibited byLifetime & 2-Year Representation Lifetime & 2-Year Representation

RulesRules

What is prohibited: communicating with or What is prohibited: communicating with or appearing before any Federal employee, with the appearing before any Federal employee, with the intent to influence the employee, regarding the intent to influence the employee, regarding the contract (or other matter) that the ban applies tocontract (or other matter) that the ban applies to

Examples:Examples:• Acting as company’s negotiatorActing as company’s negotiator• Speaking for company in contract disputeSpeaking for company in contract dispute• Seeking for the company a discretionary ruling, Seeking for the company a discretionary ruling,

benefit, action or approval by the govt. (e.g., a benefit, action or approval by the govt. (e.g., a contract claim, modification, ECP, etc.)contract claim, modification, ECP, etc.)

What is Permitted underWhat is Permitted underLifetime & 2-Year Representation Lifetime & 2-Year Representation

RulesRules

What is permitted: communicating with or What is permitted: communicating with or appearing before Federal employees regard-ing appearing before Federal employees regard-ing a contract (or other matter) where there is no a contract (or other matter) where there is no intent to influence (i.e., merely providing or intent to influence (i.e., merely providing or obtaining information). Examples:obtaining information). Examples:• Providing purely factual information to govt. Providing purely factual information to govt.

personnel regarding a contractpersonnel regarding a contract• Requesting purely factual information from Requesting purely factual information from

govt. personnel regarding a contractgovt. personnel regarding a contract• Requesting from the govt. publicly available Requesting from the govt. publicly available

documents related to a contractdocuments related to a contract

One-Year No Contact RuleOne-Year No Contact Rule

““Senior employees” may not, for 1 year, Senior employees” may not, for 1 year, communicate with, or appear before, any employee communicate with, or appear before, any employee of their former agency, on behalf of a third party, in of their former agency, on behalf of a third party, in connection with any matter on which the third party connection with any matter on which the third party seeks official action by their former agencyseeks official action by their former agency

The rule (18 USC 207(c)) applies to:The rule (18 USC 207(c)) applies to:• General / Flag Officers (O-7 to O-10),General / Flag Officers (O-7 to O-10),• SES employees at Levels 5 & 6, andSES employees at Levels 5 & 6, and• SES-equivalent employees (e.g., ST & SL) whose SES-equivalent employees (e.g., ST & SL) whose

basic rate of pay (excluding locality-based pay) is basic rate of pay (excluding locality-based pay) is equal to or greater than basic pay of SES Level 5 equal to or greater than basic pay of SES Level 5 ($118,400)($118,400)

1-Year Ban on Advising1-Year Ban on AdvisingForeign Entities (18 USC 207(f))Foreign Entities (18 USC 207(f))

““Senior employees” may not, for 1 year:Senior employees” may not, for 1 year:• Represent a foreign entity before any Represent a foreign entity before any

Government agency with intent to influence Government agency with intent to influence a decision by that agency, ORa decision by that agency, OR

• Aid or advise a foreign entity with intent to Aid or advise a foreign entity with intent to influence a decision by a U.S. Government influence a decision by a U.S. Government agencyagency

““Foreign entity” means foreign government or Foreign entity” means foreign government or foreign political party; “senior employee” has foreign political party; “senior employee” has same definition as for 1-year no-contact rulesame definition as for 1-year no-contact rule

Retired Military MembersRetired Military MembersWorking for a Foreign Working for a Foreign

GovernmentGovernment

Retired Air Force (AF) officers & enlisted may not work Retired Air Force (AF) officers & enlisted may not work for a foreign government without prior approval by AF for a foreign government without prior approval by AF Personnel Center (AFI 36-2913)Personnel Center (AFI 36-2913)• Applies to reservists receiving retired payApplies to reservists receiving retired pay• Applies to educational & commercial institutions Applies to educational & commercial institutions

owned or controlled by foreign governmentowned or controlled by foreign government

On 4 Feb 99, HQ AFPC/DPPTU advised that requests for On 4 Feb 99, HQ AFPC/DPPTU advised that requests for approval will not be accepted until requester has approval will not be accepted until requester has approved retirement date, and approval can take up to approved retirement date, and approval can take up to one year (about a month by Air Force and 6-12 months one year (about a month by Air Force and 6-12 months by State Dept.)by State Dept.)

TrainingTraining All new Air Force employees must receive an initial All new Air Force employees must receive an initial

ethics briefing (HQ USAF/JAG message, 11 Feb 98)ethics briefing (HQ USAF/JAG message, 11 Feb 98)• Civilians & officers must receive within 90 daysCivilians & officers must receive within 90 days• Enlisted must receive within 180 daysEnlisted must receive within 180 days

Some Air Force employees must also receive an Some Air Force employees must also receive an annual ethics briefing (JER 11-301)annual ethics briefing (JER 11-301)• People who file SF 278 (I.e., G.O./SES/ST/SL) People who file SF 278 (I.e., G.O./SES/ST/SL)

must receive a verbal briefing every yearmust receive a verbal briefing every year• People who file OGE Form 450 or 450A must get People who file OGE Form 450 or 450A must get

verbal briefing every 3 years (1997, 2000, 2003); verbal briefing every 3 years (1997, 2000, 2003); training by written materials OK in other yearstraining by written materials OK in other years

TravelTravelGovernment Frequent Flyer Government Frequent Flyer

MilesMiles

Can use to obtain:Can use to obtain:• Ticket that is used in government travelTicket that is used in government travel• Upgrade to business class on government Upgrade to business class on government

traveltravel

Cannot use for:Cannot use for:• Personal travel (or permissive TDY travel)Personal travel (or permissive TDY travel)• Upgrade to first class on government travelUpgrade to first class on government travel• Gift to charityGift to charity• Travel after retirement or separationTravel after retirement or separation• Any other purposeAny other purpose

TravelTravelGovernment Frequent Flyer Government Frequent Flyer

MilesMiles

If you use personal credit card (I.e., affinity card) to pay If you use personal credit card (I.e., affinity card) to pay for costs of official travel (e.g., rental car & hotel), and for costs of official travel (e.g., rental car & hotel), and credit card company has arrangement with an airline, credit card company has arrangement with an airline, under which you earn frequent flyer miles for every under which you earn frequent flyer miles for every dollar you charge on your credit card, you dollar you charge on your credit card, you maymay keep keep those frequent flyer miles for personal use (TJAG Policy those frequent flyer miles for personal use (TJAG Policy Ltr # 8, 4 Feb 98)Ltr # 8, 4 Feb 98)

Summary:Summary:• Frequent flyer miles earned from a flight that is paid Frequent flyer miles earned from a flight that is paid

for by the government belong to the governmentfor by the government belong to the government• Frequent flyer miles earned while on official travel Frequent flyer miles earned while on official travel

because you pay for your hotel or rental car with because you pay for your hotel or rental car with your affinity card belong to youyour affinity card belong to you

TravelTravelUpgrades to 1st Class on Government Upgrades to 1st Class on Government

TravelTravel

You may upgrade to first class on government travel You may upgrade to first class on government travel if:if:• Promotional offer (ex: for opening account),Promotional offer (ex: for opening account),

• It’s an on the spot upgrade, ORIt’s an on the spot upgrade, OR

• Because of membership in club (such as Gold Because of membership in club (such as Gold Card Club) for people with certain number of Card Club) for people with certain number of miles (even if all miles are from government miles (even if all miles are from government travel)travel)

But you may not accept upgrade based on rankBut you may not accept upgrade based on rank

Travel Travel Overbooked FlightsOverbooked Flights

Involuntary bump -- you may not keep the Involuntary bump -- you may not keep the compensationcompensation

Voluntary surrender of seat (JER 4-202d) Voluntary surrender of seat (JER 4-202d)

• You may volunteer to take a later flight if it doesn’t You may volunteer to take a later flight if it doesn’t interfere with the missioninterfere with the mission

• You may keep compensation, as long as taking the You may keep compensation, as long as taking the later flight does not result in any additional cost to later flight does not result in any additional cost to the government (i.e., you may not claim extra per the government (i.e., you may not claim extra per diem for extra time you spent away from home diem for extra time you spent away from home because you took the later flight)because you took the later flight)

TravelTravelPayment from Non-Federal Payment from Non-Federal

SourceSource

You may accept a travel payment (e.g., a plane You may accept a travel payment (e.g., a plane ticket) from a non-Federal source if you will attend a ticket) from a non-Federal source if you will attend a meeting or similar function in your official capacity meeting or similar function in your official capacity away from your duty station (31 USC 1353)away from your duty station (31 USC 1353)

Travel payment may not be accepted if: (1) Travel payment may not be accepted if: (1) meeting is required to carry out statutory or meeting is required to carry out statutory or regulatory functions (audits, inspections, site visits, regulatory functions (audits, inspections, site visits, negotiations, litigation), or (2) primary purpose of negotiations, litigation), or (2) primary purpose of meeting is to market non-Federal source’s products meeting is to market non-Federal source’s products or servicesor services

Payments not reported on financial disclosure form, Payments not reported on financial disclosure form, but must report payments over $250 per event to JAbut must report payments over $250 per event to JA

Reporting Travel Reporting Travel PaymentsPayments

In 1998, GSA announced the creation of a form In 1998, GSA announced the creation of a form (SF 326) for reporting travel payments accepted (SF 326) for reporting travel payments accepted from non-Federal sourcesfrom non-Federal sources

SF 326 can be printed directly from GSA website SF 326 can be printed directly from GSA website (http://www.gsa.gov/forms/pdf_files/sf326.pdf)(http://www.gsa.gov/forms/pdf_files/sf326.pdf)

On 6 Nov 1998, HQ USAF/JAG issued a memo On 6 Nov 1998, HQ USAF/JAG issued a memo stating that use of the SF 326 by Air Force stating that use of the SF 326 by Air Force personnel is mandatorypersonnel is mandatory

Travel in Contractor Travel in Contractor VehiclesVehicles

If the transportation is duty-related (I.e., received in If the transportation is duty-related (I.e., received in connection with official duty & having the effect of connection with official duty & having the effect of reducing government expenditures), it is gift to the reducing government expenditures), it is gift to the agency, not to the individual. The government generally agency, not to the individual. The government generally should not accept such travel unless:should not accept such travel unless:• It is permitted in the terms of the contract,It is permitted in the terms of the contract,• Government has agreed to reimburse the contractor, Government has agreed to reimburse the contractor,

oror• Acceptance was approved in advance under statutory Acceptance was approved in advance under statutory

gift authoritygift authority If contractor offers travel after working hours, it would be If contractor offers travel after working hours, it would be

gift to the individual & could potentially be accepted gift to the individual & could potentially be accepted under $20 / $50 ruleunder $20 / $50 rule

Travel with Spouse at Travel with Spouse at Government ExpenseGovernment Expense

Spouses may not accompany DoD employees Spouses may not accompany DoD employees on official business at government expense, on official business at government expense, unless:unless:• Unquestionable official requirement for Unquestionable official requirement for

spouse to participate in a function, orspouse to participate in a function, or• Deemed in national interest because of Deemed in national interest because of

diplomatic or public relations benefit to U.S.diplomatic or public relations benefit to U.S.

Approval authority: 4-star MAJCOM Approval authority: 4-star MAJCOM commanders in certain cases & HQ USAF/CV in commanders in certain cases & HQ USAF/CV in all others (AFI 24-101, ¶ 1.15; 9 Sep 98 all others (AFI 24-101, ¶ 1.15; 9 Sep 98 CSAF/CV message)CSAF/CV message)

CONCLUSIONCONCLUSION

QUESTIONS?QUESTIONS?

general ethics briefing ssg tambling ssg tambling

Documents

employee slide

government matter

rank slide

government title

government resources

general partner slide

mandatory disqualification

superiors slide