5 C.F.R. § 2635.101

Basic obligation of public service

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(a) Public service is a public trust. Each employee has a responsibility to the United States Government and its citizens to place loyalty to the Constitution, laws, and ethical principles above private gain. To ensure that every citizen can have complete confidence in the integrity of the Federal Government, each employee must respect and adhere to the principles of ethical conduct set forth in this section, as well as the implementing standards contained in this part and in supplemental agency regulations.

(b) General principles. The following general principles apply to every employee and may form the basis for the standards contained in this part. When a situation is not covered by the standards set forth in this part, employees must apply the principles set forth in this section in determining whether their conduct is proper.

(1) Public service is a public trust, requiring employees to place loyalty to the Constitution, the laws, and ethical principles above private gain.

(2) Employees shall not hold financial interests that conflict with the conscientious performance of duty.

(3) Employees shall not engage in financial transactions using nonpublic Government information or allow the improper use of such information to further any private interest.

(4) An employee shall not, except as permitted by subpart B of this part, solicit or accept any gift or other item of monetary value from any person or entity seeking official action from, doing business with, or conducting activities regulated by the employee's agency, or whose interests may be substantially affected by the performance or nonperformance of the employee's duties.

(5) Employees shall put forth honest effort in the performance of their duties.

(6) Employees shall not knowingly make unauthorized commitments or promises of any kind purporting to bind the Government.

(7) Employees shall not use public office for private gain.

(8) Employees shall act impartially and not give preferential treatment to any private organization or individual.

(9) Employees shall protect and conserve Federal property and shall not use it for other than authorized activities.

(10) Employees shall not engage in outside employment or activities, including seeking or negotiating for employment, that conflict with official Government duties and responsibilities.

(11) Employees shall disclose waste, fraud, abuse, and corruption to appropriate authorities.

(12) Employees shall satisfy in good faith their obligations as citizens, including all just financial obligations, especially those—such as Federal, State, or local taxes—that are imposed by law.

(13) Employees shall adhere to all laws and regulations that provide equal opportunity for all Americans regardless of, for example, race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age, genetic information, or disability.

(14) Employees shall endeavor to avoid any actions creating the appearance that they are violating the law or the ethical standards set forth in this part. Whether particular circumstances create an appearance that the law or these standards have been violated shall be determined from the perspective of a reasonable person with knowledge of the relevant facts.

(c) Related statutes. In addition to the standards of ethical conduct set forth in this part, there are conflict of interest statutes that prohibit certain conduct. Criminal conflict of interest statutes of general applicability to all employees, 18 U.S.C. 201, 203, 205, 208, and 209, are summarized in the appropriate subparts of this part and must be taken into consideration in determining whether conduct is proper. Citations to other generally applicable statutes relating to employee conduct are set forth in subpart I of this part, and employees are further cautioned that there may be additional statutory and regulatory restrictions applicable to them generally or as employees of their specific agencies. Because an employee is considered to be on notice of the requirements of any statute, an employee should not rely upon any description or synopsis of a statutory restriction, but should refer to the statute itself and obtain the advice of an agency ethics official as needed.

Notes of Decisions

Cited in 55 cases (22 in the last 5 years), 1995–2026 · leading case: United States v. Florence White Eagle, 721 F.3d 1108 (9th Cir. 2013).

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United States v. Florence White Eagle, 721 F.3d 1108 (9th Cir. 2013). · cites it 5× “See 5 C.F.R. § 2635.101 (b)(2). At trial, the government argued that Greybull arranged the 2008 loan modification as quid pro quo for White Eagle’s assistance in dealing with possible discovery of the nominee loan scheme triggered by Greybull’s mother Patricia Menz.”

Little v. Shell Expl. & Prod. Co., 690 F.3d 282 (5th Cir. 2012). · cites it 4× “2 The government states without elaboration that “a violation of the [federal] conflict-of- interest rules [, 5 C.F.R. §§ 2635.101 (b)(3), 2635.703(a),] creates a constructive trust on behalf of the United States” depriving the employee of his share of the proceeds.”

Bilal Hussain v. Jeffrey Rosen, 985 F.3d 634 (9th Cir. 2021). “The IJ was not required to ask Hussain leading questions and feed him the types of scenarios sufficient to achieve asylum. That could change the IJ’s role from that of an impartial adjudicator to effectively being an advocate for the petitioner—a role that our court has…”

John Edwards v. Dep't of Labor, 2022 MSPB 9 (MSPB 2022). “” PFR File, Tab 1 at 11; see 5 C.F.R. § 2635.101 (b)(11) (stating that Federal employees “shall disclose waste, fraud, abuse, and corruption to appropriate authorities”).”

Cohen v. United States, 722 F.3d 168 (3rd Cir. 2013). · cites it 2× “See 5 C.F.R. § 2635.101 (b)(8); 17 C.F.R. § 200.”

United States of Am. v. the Proj. on Gov't Oversight, 839 F. Supp. 2d 330 (D.D.C. 2012). · cites it 4× “lict with the conscientious performance of duty,” “refraining from accepting any payments from any person or entity whose interests may be substantially affected by the performance or nonperformance of the employee’s duties,” “refraining from outside activities that conflict…”

Kahn v. Dep't of Just., 528 F.3d 1336 (Fed. Cir. 2008). “In making this statement, we noted: “For example, the regulations, 5 C.F.R. § 2635.101 (b)(ll), specifically require all employees to ‘disclose waste, fraud, abuse, and corruption to appropriate authorities.”

C.J.L.G., a Juv. Male v. William Barr, 923 F.3d 622 (9th Cir. 2019). “The former Attorney General asked each IJ to complete “at least 700 cases a year.”

Bader v. United States, 97 F.4th 904 (Fed. Cir. 2024). · cites it 2× “” 5 C.F.R. § 2635.101 (a), (b). Among those general principles is that employees shall not use their public office for private gain.”

Kidwell v. Sybaritic, Inc., 784 N.W.2d 220 (Minn. 2010). “These employees therefore could be said to be fulfilling job requirements when reporting misconduct. But these reports could be viewed as protected conduct because they are not the employee's normal or assigned work responsibilities.”

United States of Am., Ex Rel. Mary L. Holmes, & United States of Am., Movant-Appellee v. Consum. Ins. Grp. John R. Hightower, 318 F.3d 1199 (10th Cir. 2003). “” 5 C.F.R. §§ 2635.101 (b)(3), 2635.703(a).”

Jud. Watch, Inc. v. Clinton, 880 F. Supp. 1 (D.D.C. 1995). “(White House standards of conduct); and 5 C.F.R. 2635.101 et seq. (executive branch standards of conduct).”

Show all 55 citing cases →

— 5 C.F.R. § 2635.101(b)(8) — 1 case

Montgomery v. Merit Sys. Prot. Bd., 382 F. App'x 942 (Fed. Cir. 2010).

— 5 C.F.R. § 2635.101(b)(9) — 1 case

W. Nat'l Mut. Ins. v. United States, 964 F. Supp. 295 (D. Minnesota 1997).

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