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sponsibilities, and governing statements reporting employment and flnancial interests.

8 706.3 Definitions.

In this part:

“Commission" means the United States Commission on Civil Rights, an Executive agency as defined by Section 105 of Title 5, United States Code.

“Employee” means an officer or employee of the Commission including a special Government employee, as defined in 18 U.S.C. 202.

“Executive order" means Executive Order 11222 of May 8, 1965.

“Person" means an individual, a corporation, a company, an association, a firm, & partnership, a society, a joint stock company, or any other organization or institution.

8 706.6 Disciplinary and other remedial

action. An employee of the Commission who violates any of the regulations in this part may be disciplined. The discipli. nary action may be in addition to any penalty prescribed by law for the violation. In addition to or in lieu of disci. plinary action, remedial action to end conflicts or appearance of conflicts of interests may include but is not limited to:

(a) Changes in assigned duties;

(b) Divestment by an employee of any conflicting interest; or

(c) Disqualification for a particular assignment.

8 706.7 Outside employment and other ac

tivity. Employees of the Commission may engage in outside employment or other outside activity not incompatible with the full and proper discharge of the duties and responsibilities of their Government employment. Employees who wish to engage in outside employ. ment shall first obtain the approval, in writing, of their supervisor.

8 706.4 Distribution.

(a) Within 90 days after publication of these regulations in the FEDERAL REGISTER the Commission shall furnish each employee with a copy of the regulations.

(b) The Commission shall furnish all new employees with a copy of the regulations at the time of their entrance on duty.

(c) The Commission shall bring the regulations to the attention of each employee annually, and at such other times as circumstances warrant.

(d) The Commission shall have available for review by employees copies of relevant laws, the Executive order, and pertinent Commission instructions relating to ethical and other standards of conduct.

8 706.8 Prohibition against disclosure of

evidence. All employees of the Commission are subject to the prohibition on disclosure of evidence taken in executive session contained in Section 102(g) of the Civil Rights Act of 1957, 71 Stat. 634, as amended.

Subpart B-Ethical and Other Con

duct and Responsibilities of Employees

8 706.5 Counseling.

The Solicitor of the Commission shall serve as the agency's ethical conduct counselor and is the designated agency official for the purposes of the Ethics in Government Act of 1978, Pub. L. 95-521. The Solicitor shall respond to requests by employees and special Government employees for advice and guidance respecting questions of ethical conduct, conflicts of interest, reporting of financial interests and other matters of law covered by these regulations.

8706.9 Proscribed actions.

An employee shall avoid any action, whether or not specifically prohibited by this subpart, which might result in, or create the appearance of:

(a) Using public office for private gain;

(b) Giving preferential treatment to any person;

(c) Impeding Commission efficiency or economy;

(d) Making a Commission decision outside official channels;

or

(e) Losing complete independence or donation in a nominal amount made impartiality; or

on a special occasion such as marriage, (f) Affecting adversely the confi. illness, or retirement. dence of the public in the integrity of (d) An employee shall not accept a the Commission.

gift, present, decoration, other

thing from a foreign government 8 706.10 Gifts, entertainment and favors.

unless authorized by Congress as pro(a) Except as provided in paragraphs vided by the Constitution and 5 U.S.C. (b) and (e) of this section, an employee 7342. shall not solicit or accept, directly or (e) Neither this section nor 8 706.11 indirectly, any gift, gratuity, favor, en precludes an employee from receipt of tertainment, loan, or any other thing bona fide reimbursement, unless proof monetary value from a person who: hibited by law, for expenses of travel (1) Has, or is seeking to obtain, con

and such other necessary subsistence tractural or other business or financial

as is compatible with this part, for relations with the Commission;

which no Government payment or re(2) Conducts operations or activities

imbursement is made. This paragraph, that are regulated by the Commission; however, does not allow employees to or

be reimbursed, or payment to be made (3) Has interests that may be sub

on their behalf, for excessive personal stantially affected by the performance living expenses, gifts, entertainment or nonperformance of the employee's

or other personal benefits. official duty.

(b) Exceptions from the prohibitions 8 706.11 Proscribed outside employment contained in paragraph (a) of this sec and other activities. tion are as follows: (1) Gifts, entertainment and favors

(a) An employee shall not engage in which derive from family or personal

outside employment or other outside relationships (such as those between

activity not compatible with the full parents, children, or spouse of the em

and proper discharge of the duties and ployee and the employee) when the

responsibilities of Government emcircumstances make it clear that it is

ployment. Incompatible activities inthose relationships rather than the

clude but are not limited to: business of the persons concerned

(1) Acceptance of a fee, compensawhich are the motivating factors;

tion, gift, payment of expense, or any (2) Acceptance of food and refresh

other thing of monetary value in cirments of nominal value on infrequent

cumstances in which acceptance may occasions in the ordinary course of a

result in, or create the appearance of luncheon or dinner meeting or other

conflicts of interest; or meeting or on an inspection tour (2) Outside employment which tends where an employee may properly be in to impair mental or physical capacity attendance;

to perform Governmental duties and (3) Aceptance of loans from banks or responsibilities in an acceptable other financial institutions on custom manner. ary terms to finance proper and usual (b) An employee shall not receive activities of employees, such as home any salary or anything of monetary mortgage loans; and

value from a private source as compen(4) Acceptance of unsolicited adver sation for service to the Government tising or promotional material, such as as prohibited by 18 U.S.C. 209. pens, pencils, note pads, calendars, and (c) Employees are encouraged to other items of nominal intrinsic value. engage in teaching, lecturing, and

(c) Employees shall not solicit a con writing that is not prohibited by law, tribution from another employee for a the Executive order, or Commission gift to an official superior, make a do regulations. An employee shall not, nation as a gift to an official superior, either for or without compensation, or accept a gift from an employee re engage in teaching, lecturing, or writceiving less pay than themselves. This ing, including teaching, lecturing, or paragraph, however, does not prohibit writing for the purpose of the special a voluntary gift of nominal value or preparation of a person or class of per

8 706.20 Time and place for filing of re current occupant. Such a list must be ports.

filed with the Office of Government (a) Annual reports are to be filed no

Ethics on or before the date on which later than May 15 of each calendar

such reports are due under the Act. year, except that persons assuming &

(c) In the event that the Office of position for which reports are required

Government Ethics finds that one or who have not immediately prior to more positions have been improperly this assumption occupied a covered po excluded, it will so advise the Commissition in another agency, must file a sion and set a date for the filing of the report within 30 days after assuming report. the position at the Commission. In the event an individual terminates em

8 706.22 Information required to be reployment with the Commission and ported-reporting forms. does not accept another position for Information required to be reported which reporting is required, the report by the Act shall be set forth in the must be filed no later than the 30th

manner specified in, and in accordance day after termination, covering:

with the instructions contained in. (1) The preceding calendar year if Standard Forms issued by the Office the annual May 15 report has not

of Personnel Management, to be used been filed; and

as follows: (2) The portion of the present calen

(a) Standard Form 278—for use by dar year up to the date of termination.

an officer or employee filing (1) an (b) Reports shall be filed with the

annual report pursuant to section designated ethics officer (Solicitor) of

201(d) of the Act, or (2) a departure the Commission. The reports of the

report upon termination of employ. designated ethics officer and nominees

ment, pursuant to section 201(e) of the to and holders of positions which re

Act; quire confirmation by the Senate shall

(b) Standard Form 278A-for use by be transmitted by the Solicitor to the

(1) an individual assuming a position Office of Government Ethics of the Office of Personnel Management.

for which reporting is required pursu

ant to section 201(a) of the Act; or (2) 8 706.21 Exclusion of certain positions

an individual whose nomination has from reporting requirements.

been transmitted by the President to (a) Under Section 201(f)(5) of the

the Senate, pursuant to section 201(b)

of the Act. Act, a report is required of any person in the executive branch in a position 8 706.23 Review of reports. excepted from the competitive service by reason of being of a confidential or

(a) Financial reports are reviewed by policymaker character. An exemption

the Commission's designated Ethics is available, as provided below, for a

official or the Director of the Office of person in any such position classified Government Ethics, as appropriate. below GS-16 (or the rate of basic pay

Reports are to be reviewed within 60 for which is less than the minimum

days after the date of their filing or rate of basic pay fixed for GS-16) who

transmittal to the Office of Govern. has no role in advising or making

ment Ethics. policy determinations with respect to

(b) After reviewing a report, the reagency programs or policies. Such per viewing official is required to: sons may include chauffeurs, private (1) State upon the report that the secretaries, stenographers and those reporting individual is in compliance who hold positions of similar nature, with applicable laws and regulations consistent with the basic criterion set and to sign the report; forth in the preceding sentence.

(2) Notify the reporting individual (b) The exclusion of any position that additional information is required will be effective as of the time the to be submitted and the time by which Commission files with the Office of it must be submitted; or Government Ethics a list and descrip (3) Notify the reporting individual tion of each position for which exclu that the report indicates noncomplision is sought, and the identity of its ance and afford the individual a rea

8706.17 General conduct prejudicial to

the Government. Employees shall not engage in crimi. nal, infamous, dishonest, immoral, or notoriously disgraceful conduct, or other conduct prejudicial to the Government.

(n) The prohibitions against (1) embezzlement of Government money or property (18 U.S.C. 641); (2) failing to account for public money (18 U.S.C. 643); and (3) embezzlement of the money or property of another person in the possession of the employee by reason of his/her employment (18 U.S.C. 654);

(0) The prohibition against unauthorized use of documents relating to claims from or by the Government (18 U.S.C. 285);

(p) The prohibitions against political activities in subchapter III of chapter 73 of Title 5, United States Code and 18 U.S.C. 602, 603, 607, and 608;

(q) The prohibition against an employee acting as the agent of a foreign principal registered under the Foreign Agent Registration Act (18 U.S.C. 219).

Subpart C-Financial Reporting

Requirements

8 706.18 Miscellaneous statutory provi

sions. Employees shall acquaint themselves with each statute that relates to their ethical and other conduct as an employee of the Commission and of the Government. The attention of Commission employees is directed to the following statutory provisions:

(a) House Concurrent Resolution 175, 85th Congress, 2d session, 72 Stat. B12, the “Code of Ethics for Government Service";

(b) Chapter II of Title 18, United States Code, relating to bribery, graft, and conflicts of interest, as appropriate to the employees concerned;

(c) The prohibition against lobbying with appropriated funds (18 U.S.C. 1913);

(d) The prohibitions against disloyalty and striking (5 U.S.C. 73811; 18 U.S.C. 1918);

(e) The prohibition against the employment of a member of a Communist organization (50 U.S.C. 784);

(f) The prohibitions against the disclosure of classified information (18 U.S.C. 798; 50 U.S.C. 1905);

(g) The provision relating to the habitual use of intoxicants to excess (5 U.S.C. 7352);

(h) The prohibition against the misuse of a Government vehicle (31 U.S.C. 638a(c));

(1) The prohibition against the misuse of the franking privilege (18 U.S.C. 1719);

(j) The prohibition against the use of deceit in an examination or personnel action in connection with Government employment (18 U.S.C. 1917);

(k) The prohibition against fraud or false statements in a Government matter (18 U.S.C. 1001);

(1) The prohibition against mutilating or destroying a public record (18 U.S.C. 2071);

(m) The prohibition against counterfeiting and forging transportation requests (18 U.S.C. 508);

8 706.19 Statements of financial and prop

erty interests and outside employment. Pursuant to the Ethics in Government Act of 1978 (Pub. L. 95-521, referred to hereinafter in this subpart as "the Act”), the following officers and employees of the Commission are required to file annual reports of financial and property interests and outside employment if they have served 61 days or more in their positions during the preceding calendar year

(a) Officers and employees (including special government employees, as defined in 18 U.S.C. 202) whose positions are classified at GS-16 or above of the General Schedule, or whose basic rate of pay (excluding “step" increases) under other pay schedules is equal to or greater than the rate for GS-16 (step 1);

(b) Employees in the excepted service in positions which are of a confidential or policy-making character, unless their positions have been excluded by the Director of the Office of Government Ethics; and

(c) Each designated agency ethics official.

8 706.20 Time and place for filing of re- current occupant. Such a list must be ports.

filed with the Office of Government (a) Annual reports are to be filled no Ethics on or before the date on which later than May 15 of each calendar such reports are due under the Act. year, except that persons assuming a

(c) In the event that the Office of position for which reports are required Government Ethics finds that one or who have not immediately prior to

more positions have been improperly this assumption occupied & covered po

excluded, it will so advise the Commissition in another agency, must file a sion and set a date for the filing of the report within 30 days after assuming report. the position at the Commission. In the event an individual terminates em

8 706.22 Information required to be re ployment with the Commission and ported—reporting forms. does not accept another position for Information required to be reported which reporting is required, the report by the Act shall be set forth in the must be filed no later than the 30th

manner specified in, and in accordance day after termination, covering:

with the instructions contained in (1) The preceding calendar year if Standard Forms issued by the Office the annual May 15 report has not of Personnel Management, to be used been filed; and

as follows: (2) The portion of the present calen

(a) Standard Form 278—for use by dar year up to the date of termination.

an officer or employee filing (1) an (b) Reports shall be filed with the

annual report pursuant to section designated ethics officer (Solicitor) of

201(d) of the Act, or (2) a departure the Commission. The reports of the

report upon termination of employdesignated ethics officer and nominees to and holders of positions which re

ment, pursuant to section 201(e) of the

Act; quire confirmation by the Senate shall

(b) Standard Form 278A-for use by be transmitted by the Solicitor to the

(1) an individual assuming a position Office of Government Ethics of the Office of Personnel Management.

for which reporting is required pursu

ant to section 201(a) of the Act; or (2) 8 706.21 Exclusion of certain positions

an individual whose nomination has from reporting requirements.

been transmitted by the President to (a) Under Section 201(f)(5) of the

the Senate, pursuant to section 201(b)

of the Act. Act, a report is required of any person in the executive branch in a position 8 706.23 Review of reports. excepted from the competitive service by reason of being of a confidential or

(a) Financial reports are reviewed by policymaker character. An exemption

the Commission's designated Ethics is available, as provided below, for a

official or the Director of the Office of person in any such position classified

Government Ethics, as appropriate. below GS-16 (or the rate of basic pay

Reports are to be reviewed within 60 for which is less than the minimum

days after the date of their filing or rate of basic pay fixed for GS-16) who

transmittal to the Office of Governhas no role in advising or making

ment Ethics. policy determinations with respect to

(b) After reviewing a report, the reagency programs or policies. Such per viewing official is required to: sons may include chauffeurs, private (1) State upon the report that the secretaries, stenographers and those reporting individual is in compliance who hold positions of similar nature, with applicable laws and regulations consistent with the basic criterion set

and to sign the report; forth in the preceding sentence.

(2) Notify the reporting individual (b) The exclusion of any position that additional information is required will be effective as of the time the to be submitted and the time by which Commission files with the Office of it must be submitted; or Government Ethics a list and descrip (3) Notify the reporting individual tion of each position for which exclu that the report indicates noncomplision is sought, and the identity of its ance and afford the individual a rea

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