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U.S. Department of Energy ORDER
Washington, D.C. DOE O 203.1
Approved: 1-7-05
Review: 1-7-07
Expires: 1-7-09
Certified: 4-23-09
SUBJECT:
LIMITED PERSONAL USE OF GOVERNMENT OFFICE EQUIPMENT
INCLUDING INFORMATION TECHNOLOGY
1. OBJECTIVES.
a. To establish requirements and assign responsibilities
for employees’ limited personal use of Government
resources (office equipment and other resources
including information technology) within the Department
of Energy (DOE), including the National Nuclear
Security Administration (NNSA).
b. To provide guidance on appropriate and inappropriate
uses of Government resources.
c. To create a more supportive work environment for DOE
employees.
2. CANCELLATIONS. None.
3. APPLICABILITY.
a. Primary DOE Organizations, Including National Nuclear
Security Administration (NNSA) Organizations. Except
for the exclusions in paragraph 3c, this Order applies
to all DOE primary organizations, including NNSA
primary organizations (see Attachment 1 for a complete
list of Primary DOE (organizations). This Order
automatically applies to Primary DOE organizations
created after it is issued.
The Administrator of NNSA shall assure that NNSA
employees and contractors comply with their respective
responsibilities under this Order.
b. Site/Facility Management Contractors,
(1) This Order does not contain a Contractor’s
Requirement Document. Contractors are required,
however, to prepare Property Management System
plans under the Government Property clause and
must submit them to DOE for approval.
(2) This Order specifically tasks officials
designated as Heads of Primary DOE Organizations
(see Attachment 1) with ensuring that
unauthorized use of Government equipment and
resources is addressed in the contractor’s
property management plan. (See paragraph 5c of
this Order.) Additionally, the Government
Property clause requires the contractor to
control the use of Government property in its
possession.
c. Exclusions. In accordance with the responsibilities and
authorities assigned by Executive Order (E.O.) 12344 as
set forth in the Defense Authorization Act for Fiscal
Year 2000 [Public Law (P.L.) 106-65, Title 50 United
States Code (U.S.C.) Section 2406], and to ensure
consistency throughout the joint Navy/DOE organization
of the Naval Nuclear Propulsion Program, the Director,
Naval Nuclear Propulsion Program will implement and
oversee all requirements and practices pertaining to
this DOE Order for activities under the Director’s
cognizance.
4. REQUIREMENTS.
a. Limited Personal Use. This Order authorizes
employees to make limited use of
Government resources for personal purposes, in
accordance with the provisions herein. This Order does
not modify the requirements of the Standards of Ethical
Conduct for Employees of the Executive Branch [Title 5
Code of Federal Regulations (CFR), 2635], including the
employee’s responsibility to protect and conserve
Government property using it for authorized purposes
only and use official time in an honest effort to
perform official duties [5 CFR 2635.704(a) and (b)].
Nothing herein pertains to or restricts use of
Government property by an employee to carry out his or
her official duties and responsibilities in furtherance
of the mission of the Department.
(1) Employees may use Government resources for
personal purposes, but only where such use—
(a) involves de minimis additional expense to
the Government,
(b) does not interfere in anyway with the
mission or operations of the Department, and
(c) is otherwise permissible under DOE Orders
and applicable State and Federal laws and
regulations.
(2) This Order does not grant to employees or create
an inherent right to use Government resources,
and one should not be inferred.
(3) Use of Government resources in support of or in
connection with a private business with which an
employee is associated is not considered a
personal purpose under this Order and is not
authorized by this Order.
(4) The privilege to use Government resources for
personal purposes may be limited or revoked at
any time by an appropriate Department
official (e.g., a supervisor in the employee’s
organizational chain of command).
(5) Circumstances that may result in a supervisor’s
curtailing or halting an employee’s personal use
of Government resources include uses that—
(a) result in a loss of productivity,
(b) interfere with official duties,
(c) compromise the mission of the Department or
organization,
(d) exceed de minimis expense to the Government,
(e) violate Department Policies and Orders or
State and Federal laws and regulations, or
(f) are inconsistent with the guidance contained
in this Order.
b. Privacy.
(1) DOE employees do not have a right to nor should
they have an expectation of privacy while using
Government resources at any time, including when
they are accessing the Internet or using e-mail.
NOTE: Each employee’s use of his or her
Government computer is preceded by a
security banner, which advises the employee
that the user has no expectation of
privacy; that all uses and files in the
system may be intercepted, monitored,
recorded, and disclosed. The employee
agrees to these terms and conditions prior
to being granted access. Further, the
Department has its privacy policy available
for persons accessing its website. The
policy specifically covers Security, a
General Disclaimer, a Privacy Notice, and
Comments Sent by E-Mail. Employees who use
these resources are deemed to waive any
right to privacy pursuant to the published
notices therein.
(2) Employees who wish for their personal activities
to be private should not conduct such activities
using Government resources.
(3) Employees who use Government resources implicitly
consent to review and disclosure of their
Internet, e-mail, or other information technology
uses when deemed appropriate by DOE or as
mandated by law.
(4) The content of any files or information
maintained in or on Government equipment or
transmitted using Government equipment may be
disclosed in response to a valid, authorized
subpoena, warrant, court order, Freedom of
Information Act (5 U.S.C. Section 552) request,
or other direction (e.g., employee’s supervisor,
Inspector General investigator, etc.).
(5) Using Government resources, including Internet
access and e-mail, implies consent to monitoring
with or without cause. Any use of Government
resources is with the understanding that such use
is generally not secure, private, or anonymous
(18 U.S.C. Section 2511).
(6) System managers may employ monitoring tools to
detect improper use of electronic communications
systems (18 U.S.C. Section 2511).
c. Security. Personal use of Government resources is not
authorized on computer systems or other office equipment
that is designated for classified use.
d. Misrepresentation. The Standards of Ethical Conduct
for Employees of the executive
branch states that an employee must not “use or permit
the use of his Government position or title or any
authority associated with his public office in a manner
that could reasonably be construed to imply that his
agency or the Government sanctions or endorses his
personal activities . . . .” [5 CFR 2635.702(b)].
(1) It is the responsibility of each employee to
ensure that one’s use of Government resources does
not give the impression of acting in an
official capacity while using Government resources
for personal
purposes.
(2) If it is likely that an employee’s personal use of
Government resources
will create an appearance of official Government
action, the employee must discontinue the activity
or use a disclaimer such as the following:
The contents of this message are mine
personally and do not reflect the views
or position of the U.S. Department of
Energy or the Federal Government.
e. Appropriate Uses of Government Resources for Personal
Purposes. The following is provided for employees
and supervisors in determining acceptable personal
uses of Government resources.
(1) Personal use of Government resources is authorized
only if it involves de minimis additional expense
to the Government and does not interfere in any
way with the mission or operations of the
Department, and is otherwise permissible under DOE
Orders and applicable State and Federal laws and
regulations. Examples of appropriate personal uses
may include—
(a) checking credit union or Thrift Savings Plan
accounts using information technology
equipment;
(b) retaining personal data in electronic files
(e.g., C or O drives, LAN) with the
understanding that data may be deleted
without notice as a result of scheduled
archiving;
(c) accessing library books and equipment,
public reading rooms and materials, and
other publicly available data;
(d) obtaining detailed information or conducting
research (e.g., reading newspaper and
magazine articles, comparing airline prices
and schedules, browsing sales catalogs, or
comparing prices of automobiles) on the
Internet during non-work hours; and
(e) occasional personal use of laptop computers,
personal data assistants (PDAs), pagers, and
cellular phones (when such use will not
incur additional charges) issued by the
Department for official business.
(2) Personal use of Government-provided long distance
telephone
service must be consistent with General Services
Administration regulations.
(3) Other personal use of Government resources is
authorized, but only if it results in minimal
impact or normal wear and tear of the equipment,
requires de minimis workday time for personal
pursuits, and requires use of de minimis
consumable items (paper, ink, toner, etc.), as
determined by a reasonable person with knowledge
of all the relevant facts.
f. Inappropriate Uses of Government Resources. Employees
are expected to conduct themselves professionally in
the workplace and to refrain from using Government
resources inappropriately. Examples of misuse of
Government resources include, but are not limited to,
the following:
(1) modification of Government equipment, particularly
information technology, by loading application
software or making configuration changes not
approved for use in the site’s operating
environment;
(2) seeking help from Government employees or
contractor personnel (e.g., librarians, computer
support staff, administrative assistants, or
paralegals) in pursuit of personal projects;
(3) any frequent personal use that may cause
congestion, delay, or disruption of service to any
Government system or equipment, including greeting
cards and streaming video and audio, etc.;
(4) any personal use (including e-mail and Internet
service) that may impair the performance of the
Department’s entire network or of a unit,
including—
(a) opening a program with large file
attachments (e.g., music or graphic files)
or
(b) extensive use of a program or Internet site
that provides continuous data streams, e.g.,
continuous stock quotes, or headline news
updates, etc.;
(5) creating, copying, transmitting, or retransmitting
chain letters or other mass mailings, regardless
of the subject matter;
(6) using Government resources for activities that
are illegal, inappropriate, or offensive to a
reasonable person with knowledge of all the
relevant facts, including hate speech; material
that ridicules others on the basis of race,
creed, religion, color, sex, disability, national
origin, or sexual orientation; and harassing or
threatening activities;
(7) creating, downloading, viewing, storing, copying,
or transmitting sexually explicit or sexually
oriented materials;
(8) creating, downloading, viewing, storing, copying,
or transmitting materials in the conduct or
furtherance of any type of illegal activity;
(9) unauthorized acquisition, use, reproduction,
transmission, or distribution of controlled
information (e.g., computer software and data;
classified, business sensitive, or other
nonpublic data; proprietary data; export
controlled software or data; or any information
in violation of the Privacy Act, copyright,
trademark, or other intellectual property rights
beyond fair use);
(10) gaining unauthorized access to internal or
external systems or networks using DOE or
personal computer systems and technology;
(11) fundraising other than the Combined Federal
Campaign;
(12) participating in any lobbying activity;
(13) engaging in any prohibited political activity
under the Hatch Act (See 5 CFR 734);
(14) any personal use of Government resources that is
misleading in that it creates the impression that
the employee is acting in an official capacity;1
(15) using Government resources for commercial
pursuits, to support for-profit activities, or to
benefit one’s outside employment or business
activities (e.g., receiving personal business
calls on the office telephone, sending or
receiving e-mail messages related to a part-time
real estate or other business venture, or selling
or trading business merchandise over the
Internet);
(16) using Government resources (e.g., copying,
printing, etc) for any non-official activity
that results in greater than de minimis expense;
and
(17) communicating Agency information to external
news groups, bulletin boards, or other public
forums without authority.
g. Official Union Business. The privileges and
limitations enumerated in this Order do
not supersede the negotiated rights of exclusive
representatives of bargaining unit employees in the
conduct of their official business.
h. Sanctions for Misuse. Unauthorized or improper
use of Government resources may
result in losing or having limitations placed on use
of Government resources, disciplinary or adverse
actions (up to and including separation from Federal
service), criminal penalties, and/or financial
liability for the cost of improper use.
5. RESPONSIBILITIES.
a. DOE Employees.
(1) Ensure that they are not giving the impression
that they are acting in an official capacity
when using Government resources for personal
purposes.
(2) Use Government resources for personal purposes
only as allowed in this Order and to the extent
consistent with law.
(3) Consult their supervisors or other appropriate
person if they have any questions concerning
this Order or other related matters (paragraph
8, Contacts).
(4) Report instances of fraud, waste, and abuse of
Government resources (including information
technology) to the Office of Inspector General
(OIG) in accordance with DOE O 221.1, Reporting
Fraud, Waste and Abuse to the Office of
Inspector General, dated 3-22-01.
b. Supervisors.
(1) Ensure that their employees are aware of this
Order.
(2) Initiate appropriate action when employees
disregard requirements set forth in this Order.
c. Program Secretarial Officers. Verify that each
site/facility management contractor’s DOE-approved
property management system provides some
manner of guidance and limitations on personal use of
Government resources.
d. Director, Naval Nuclear Propulsion Program. Ensures
consistent implementation of the requirements of this
Order throughout the joint Navy/DOE Naval Nuclear
Propulsion Program.
6. REFERENCES.
a. Executive Order 13011, Federal Information Technology,
dated 7-16-96, which integrates provisions of the
Clinger-Cohen Act of 1966, the Paperwork Reduction Act
of 1995, and the Government Performance and Results Act
of 1993.
b. Department of Energy Organization Act (P.L. 95-91), as
amended, Sec. 644 (42 U.S.C. 7101 note).
c. Standards of Conduct for Employees of the Executive
Branch (5 CFR 2635).
d. Office of Management and Budget Circular No. A-130,
Appendix III, Security of Federal Automated Information
Resources.
e. Electronic Communications Privacy Act of 1986 (P.L. 99-
508, 18 U.S.C. 2511).
f. 5 CFR 734.102 (Regulations implementing the Hatch Act
provisions on political activity).
g. 10 CFR 1010.103 and DOE O 221.1 (Employee duty to
report fraud, waste, and abuse to the Office of
Inspector General).
7. DEFINITIONS.
a. Government Resources. Personal computers and
related peripheral equipment and
software, library resources, paper, telephones,
facsimile machines, photocopiers, and information
technology. As used in this Order, the term Government
resources does not include an employee’s scheduled work
time or the time of Department contractors.
b. Information Technology. Equipment or interconnected
systems or subsystems of equipment
used in the automatic acquisition, storage,
manipulation, management, movement, control, display,
switching, interchange, transmission, or reception of
data or information, including the Internet.
c. Limited Personal Use of Government Resources. Use
of Government resources for purposes other than performance
of official duties. The personal uses allowed in this
Order are authorized uses of DOE Government resources.
d. De minimis Additional Expense. That cost which
results when small amounts of electricity, ink, toner, or
paper supplies are used for purposes other than performance
of official duties. For example, the cost from a
relatively small number of brief telephone calls,
electronic mail messages, or internet sessions,
result in de minimis, if any, additional expense
to the Government. In contrast, the
cost associated with large copying or printing
projects, downloading large files, such as a motion
picture video, or the contents of an entire compact
disc, or other files with large space requirements,
would exceed de minimis additional expense.
e. Non-work Hours. Limited to those periods for
which an employee is not being
compensated—lunch break, time before or after regular
duty hours, and weekends or holidays—when the space is
normally available and requires no special arrangements
for entry, utilities (such as heat or air
conditioning), or other services not usually provided
at such times.
f. Systems Manager. The designated person(s)
responsible for operating and maintaining DOE’s information
technology systems in an enterprise architecture;
ensures that the system and information/data processes
are consistent with the system’s purpose;
and maintains security measures, appropriately applied
for the protection of the information. The system
manager monitors the system and the information
in the system to ensure that it is appropriately used.
8. CONTACTS.
a. Questions concerning this Order should be referred to
the Office of the Chief Information Officer 202-586-
0166.
b. For Standards of Conduct or legal questions,
Headquarters employees should contact the Office of the
Assistant General Counsel for General Law on
202-586-1522, or at standardsofconduct@hq.doe.gov.
Field employees should contact the Office of Chief
Counsel that services their location.
c. For questions on personal, labor relations, or
management and administration issues, contact the local
human resources office assigned to your office.
d. To report fraud, waste, or abuse of Government
resources or misuse of Government property, contact the
Office of Inspector General, 202-586-2730.
BY ORDER OF THE SECRETARY OF ENERGY:
KYLE E. McSLARROW
Deputy Secretary
PRIMARY DOE ORGANIZATIONS TO WHICH DOE O 203.1,
Limited Personal Use of Government Office Equipment Including
Information Technology,
IS APPLICABLE
Office of the Secretary
Departmental Representative to the Defense Nuclear Facilities
Safety Board
Energy Information Administration
National Nuclear Security Administration
Office of the Chief Information Officer
Office of Civilian Radioactive Waste Management
Office of Congressional and Intergovernmental Affairs
Office of Counterintelligence
Office of Economic Impact and Diversity
Office of Electric Transmission and Distribution
Office of Energy Assurance
Office of Energy Efficiency and Renewable Energy
Office of Environment, Safety and Health
Office of Environmental Management
Office of Fossil Energy
Office of General Counsel
Office of Hearings and Appeals
Office of Independent Oversight and Performance Assurance
Office of Inspector General
Office of Intelligence
Office of Legacy Management
Office of Management, Budget and Evaluation/Chief Financial
Officer
Office of Nuclear Energy, Science and Technology
Office of Policy and International Affairs
Office of Public Affairs
Office of Science
Office of Security
Office of Security and Safety Performance Assurance
Secretary of Energy Advisory Board
Bonneville Power Administration
Southeastern Power Administration
Southwestern Power Administration
Western Area Power Administration
_______________________________
1 This may occur when using the Internet to access a chat room or
to obtain information. Many Web sites require registration
prior to disclosing information or allowing access. Employees
must be diligent to ensure that they do not appear to be acting
in an official capacity. Employees should also check a Web
site’s privacy policy when supplying information over the
Internet to determine whether a misrepresentation or other
abuse may occur.