# What are the restrictions on conduct prejudicial to the Government?
**AGENCY:**
Office of Personnel Management.
**ACTION:**
Final rule.
**SUMMARY:**
The Office of Personnel Management (OPM) is issuing a plain language rewrite of its regulations regarding the standards that govern employee responsibilities and conduct as part of a review of certain OPM regulations. The purpose of the revisions is to make the regulations more readable.
**DATES:**
*Effective Date:* September 11, 2006.
**FOR FURTHER INFORMATION CONTACT:**
Wade Plunkett, by telephone at 202-606-1700; or by FAX at 202-606-0082 or by e-mail at *[email protected].*
**SUPPLEMENTARY INFORMATION:**
OPM is revising part 735, which deals with employee responsibility and conduct, as part of a review of certain OPM regulations for plain language purposes. On January 15, 2003 (68 FR 1987) OPM published a proposed regulation. One internal commenter noted that since the original regulation was published, OPM has delegated examining authority to some agencies in certain circumstances. Therefore, the proposed regulations have been modified to recognize this and permit the head of an agency to which examining authority had been delegated or his or her designee to grant exceptions to the prohibition contained in section 735.202(a). Since no other comments were received, we are publishing the proposed rule as final without further modification, except we are updating the reference to General Accounting Office and changing it to Government Accountability Office. The purpose of this revision to part 735 is not to make substantive changes, but rather to make part 735 more readable, and to convert the regulation to a question and answer format.
**Regulatory Flexibility Act**
I certify that these regulations will not have a significant economic impact on a substantial number of small entities because they will affect only Federal agencies and employees.
**E.O. 12866, Regulatory Review**
This rule has been reviewed by the Office of Management and Budget in accordance with E.O. 12866.
**List of Subjects in 5 CFR Part 735**
Conflict of interests, Government employees.
Office of Personnel Management
Linda M. Springer,
Director.
**5 CFR Part 735**
Accordingly, OPM is revising part 735 as follows:
**PART 735—EMPLOYEE RESPONSIBILITIES AND CONDUCT**
**Subpart A—General Provisions**
735.101
735.102
735.103
**Subpart B—Standards of Conduct**
735.201
735.202
735.203
**Authority:**
5 U.S.C. 7301; E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306.
**Subpart A—General Provisions**
§ 735.101
In this part:
*Agency* means an Executive agency (other than the Government Accountability Office) as defined by 5 U.S.C. 105, the Postal Service, and the Postal Rate Commission.
*Employee* means any officer or employee of an agency, including a special Government employee, but does not include a member of the uniformed services.
*Government* means the United States Government.
*Special Government employee* means an officer or employee specified in 18 U.S.C. 202(a) except one who is employed in the legislative branch or by the District of Columbia.
*Uniformed services* has the meaning given that term by 5 U.S.C. 2101(3).
§ 735.102
An employee's violation of any of the regulations in subpart B of this part may be cause for for disciplinary action by the employee's agency, which may be in addition to any penalty prescribed by law.
§ 735.103
In addition to the standards of conduct in subpart B of this part, an employee shall comply with the standards of ethical conduct in 5 CFR part 2635, as well as any supplemental regulation issued by the employee's agency under 5 CFR 2635.105. An employee's violation of those regulations may cause the employee's agency to take disciplinary action, or corrective action as that term is used in 5 CFR part 2635. Such disciplinary action or corrective action may be in addition to any penalty prescribed by law.
**Subpart B—Standards of Conduct**
§ 735.201
(a) While on Government-owned or leased property or on duty for the Government, an employee shall not conduct or participate in any gambling activity, including operating a gambling device, conducting a lottery or pool, participating in a game for money or property, or selling or purchasing a numbers slip or ticket.
(b) This section does not preclude activities:
(1) Necessitated by an employee's official duties; or
(2) Occurring under section 7 of Executive Order 12353 and similar agency-approved activities.
§ 735.202
(a) An employee shall not, with or without compensation, teach, lecture, or write for the purpose of the preparation of a person or class of persons for an examination of the Office of Personnel Management (OPM) or other agency to which examining authority has been delegated, or Board of Examiners for the Foreign Service that depends on information obtained as a result of the employee's Government employment.
(b) This section does not preclude the preparation described in paragraph (a) of this section if:
(1) The information upon which the preparation is based has been made available to the general public or will be made available on request; or
(2) Such preparation is authorized in writing by the Director of OPM, or his or her designee, or by the head of an agency to which examining authority had been delegated, or his or her designee, or by the Director General of the Foreign Service, or his or her designee, as applicable.
§ 735.203
An employee shall not engage in criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct, or other conduct prejudicial to the Government.