§ 105-70.046 Compromise or settlement.

(a) Parties may make offers of compromise or settlement at any time.

(b) The reviewing official has the exclusive authority to compromise or settle a case under this part at any time after the date on which the reviewing official is permitted to issue a complaint and before the date on which the ALJ issues an initial decision.

(c) The Authority Head has exclusive authority to compromise or settle a case under this part at any time after the date on which the ALJ issues an initial decision, except during the pendency of any review under § 10570.042 or during the pendency of any action to collect penalties and assessments under § 105-70.043.

(d) The Attorney General has exclusive authority to compromise or settle a case under this part during the pendency of any review under § 10570.042 or of any action to recover penalties and assessments under 31 U.S.C. 3806.

(e) The investigating official may recommend settlement terms to the reviewing official, the Authority Head, or the Attorney General, as appropriate. The reviewing official may recommend settlement terms to the Authority Head, or the Attorney General, as appropriate.

(f) Any compromise or settlement must be in writing.

(a) The Program Fraud Civil Remedies Act of 1986 provides that a hearing shall be commenced within 6 years after the date on which a claim or statement is made. 31 U.S.C. 3808(a). The statute also provides that the hearing is commenced by the mailing or delivery of the presiding officer's (ALJ's) notice. 31 U.S.C. 3803(d)(2)(B). Accordingly, the notice of hearing provided for in § 105-70.012 herein shall be served within 6 years after the date on which a claim or statement is made.

(b) If the defendant fails to file a timely answer, service of a notice under § 105-70.010(b) shall be deemed a notice of hearing for purposes of this section.

§ 105-735.102 Definitions.

For the purposes of this part, the following terms have the meaning shown:

(a) "Special Government employee" means an officer or employee who has been employed to perform temporary duties, with or without compensation, for not more than 130 days during any period of 365 consecutive days, either on a full-time or intermittent basis (18 U.S.C. 202(a)).

(b) "Employee" means any officer or employee of GSA who is not a special Government employee.

(c) "Person" means an individual, corporation, company, association, firm, partnership, society, joint stock company, or any other organization or institution.

(d) "GSA contractor" is a person or entity that is engaged in or seeks business or financial relations of any sort with any GSA component; or conducts operations or activities that are either regulated by a GSA component or significantly affected by GSA decisions; or has interests that may be substan

tially affected by the performance or nonperformance of the official duties of GSA personnel.

(e) "GSA personnel" means all GSA employees, including special Government employees.

(f) "Gratuity" means any gift, favor, entertainment, hospitality, transportation, loan, or any other tangible thing, and any intangible benefit (for example, discounts, passes, or promotional vendor training) given to or on behalf of GSA employees or their spouses, minor children, or households, for which fair market value is not paid by the recipient or the Government.

(g) "Standards of Conduct Counsellors" are defined in § 105-735.103(b).

(h) "Appropriate supervisor" means that supervisor within the chain of authority who is acquainted with the duties of the subordinate GSA personnel concerned and has the duty to determine the existence and effect of any conflict of interests of the personnel. This is usually the immediate supervisor of the GSA personnel concerned.

[45 FR 9273, Feb. 12, 1980, as amended at 46 FR 25305, May 6, 1981]

§ 105-735.103 Responsibilities.

(a) Heads of Services and Staff Offices and Regional Administrators.

(1) Heads of Services and Staff Offices and Regional Administrators are responsible for ensuring that (i) all GSA personnel under their supervision are familiar with and understand the standards of conduct and statutes governing conflicts of interest and post-Federal employment restrictions; (ii) all GSA personnel under their supervision are informed of and are familiar with the identity of their appropriate supervisor and their Deputy Standards of Conduct Counsellor; and (iii) disciplinary or remedial action is taken in the case of all GSA personnel who violate these standards or related laws and regulations, and against supervisors who fail to carry out their responsibilities in taking or recommending disciplinary or remedial action in such cases.

(2) Heads of Services and Staff Of fices and Regional Administrators shall ensure that GSA personnel under their supervision are given a

copy of this directive and an oral standards of conduct briefing following receipt. New GSA personnel shall also receive a copy and a briefing preceding employment or promptly following assumption of duties. Each individual receiving this briefing shall attest in writing to attendance at the briefing, and that he or she has a copy of the standards of conduct and acknowledges the requirements imposed. All GSA personnel shall be provided with a briefing at least semiannually regarding these standards by Heads of Services and Staff Offices and Regional Administrators. All GSA personnel shall be provided with a copy of all revisions to the standards of conduct and be required to attest in writing to receiving and acknowledging their duty to comply with the standards of conduct.

(3) Heads of Services and Staff Offices and Regional Administrators shall bring the contents of this directive to the attention of the principal officer of each contractor doing significant business with GSA, and shall periodically use the opportunity afforded by conferences with representatives of industry and others transacting business with the GSA to direct attention to these standards of conduct regulations. Care shall be taken to avoid needless duplication of distribution of copies to contractors.

(b) The Special Counsel to the Administrator for Ethics is the Agency Standards of Conduct Counsellor, the Designated Agency Ethics Official, and the Director of the Office of Ethics. The Special Counsel is delegated authority to speak for the Administrator in all matters involving interpretation and application of the standards of conduct. Authority is also delegated to the Special Counsel to determine in individual cases that a specific financial interest is not so substantial as to be deemed likely to affect the integrity of the services which the Government may expect from the particular employee concerned.

(1) The Special Counsel to the Administrator for Ethics shall designate Deputy Standards of Conduct Counsellors. Those designated shall be responsible for providing advice and assistance to GSA personnel on ques

tions regarding Standards of Conduct. They are responsible for ensuring that training programs for GSA personnel in the standards of conduct are conducted. They are also responsible for the proper review and audit of the administration of the requirements of this directive. They shall ensure that posters identifying them as a Deputy Standards of Conduct Counsellor and stating their location and telephone number are prominently displayed in locations where GSA personnel are serving.

(2) The Special Counsel to the Administrator for Ethics shall supervise the adequacy of the advice and training in standards of conduct provided to all GSA personnel and shall be responsible for the timely collection and review of all Statements of Employment and Financial Interests, and of all Financial Disclosure Reports. In these matters the Deputy Standards of Conduct Counsellor shall be subject to the policy guidance and direction of the Special Counsel to the Administrator for Ethics.

(c) Supervisors shall (1) ensure that all GSA personnel under their supervision are instructed in and understand the standards of conduct required by this directive and the laws governing conflicts of interest and postemployment restrictions and adhere to them at all times; and (2) take or recommend disciplinary or remedial action in the case of those who violate the standards or related laws and regulations.

(d) All GSA personnel are required to (1) be fully familiar with the standards of conduct covered in this directive and the laws governing conflicts of interest and postemployment restrictions; (2) comply strictly with them; and (3) maintain the highest standards of ethical conduct in transacting the Government's business. When in doubt as to the permissibility under this directive of any action on their part, they shall not act until they have received the advice of a Deputy Standards of Conduct Counsellor.

(e) Each Regional Counsel is responsible for auditing and ensuring that posters of the Code of Ethics for Government Service and posters notifying

employees of the identity and telephone number of their Deputy Standards of Conduct Counsellors are at all times widely and prominently displayed throughout the region by those in GSA whose primary duty it is to mount and display the posters as required by law.

[45 FR 9273, Feb. 12, 1980, as amended at 46 FR 25305, May 6, 1981; 48 FR 43685, Sept. 26, 1983]

§ 105-735.104 Proper conduct of official activities.

(a) GSA personnel shall become familiar with the scope of authority for, and the limitations concerning, the activities for which they have responsibilities.

(b) GSA personnel shall not make or recommend any expenditure of funds or take or recommend any action known or believed to be in violation of U.S. laws, Executive Orders, or applicable directives, instructions, or regulations.

(c) In case of doubt as to the propriety of a proposed action or decision in terms of regulation or law, GSA personnel shall consult Legal Counsel or, if appropriate, the Special Counsel to the Administrator for Ethics or a Deputy Standards of Conduct Counsellor to ensure the proper and lawful conduct of GSA activities.

§ 105-735.105 Equal opportunity.

GSA personnel shall scrupulously adhere to the GSA program of equal opportunity regardless of race, color, religion, sex, age, handicap, national origin, political affiliation, or marital status.

[49 FR 30309, July 30, 1984]

§ 105-735.106 Approval and publication of regulations.

The regulations in this part and any changes thereto are effective only after approval by the Office of Personnel Management and publication in the FEDERAL REGISTER.

[46 FR 25306, May 6, 1981]

Subpart 105-735.2-Standards of Conduct for GSA Personnel

§ 105-735.201 Proper conduct of official activities.

(a) GSA personnel shall observe the requirements of courtesy, consideration and promptness in dealing with the public.

(b) GSA personnel shall avoid any action that might result in or create the appearance of:

(1) Using public office for private gain;

(2) Giving preferential treatment to any person;

(3) Impeding Government efficiency or economy;

(4) Losing complete independence or impartiality;

(5) Making a Government decision outside official channels;

(6) Affecting adversely the confidence of the public in the integrity of the Government.

[49 FR 30309, July 30, 1984]

§ 105-735.202 Business dealings on behalf of the Government.

(a) The public trust. Those who represent the Government in business dealings have positions of trust and grave responsibility that require them to observe the highest ethical standards. Practices that may be customary in the private business world are not necessarily acceptable for GSA personnel, who are held to a higher standard of public trust.

(b) Dealing with Government personnel. GSA personnel shall not knowingly deal on behalf of the Government with present or former Government personnel whose participation in the transaction would be in violation of a statute, regulation, or policy set forth in this directive.

(c) Impartiality in conduct of official business. GSA personnel shall not allow themselves to be placed in a position in which a conflict of interest might arise or might justifiably be suspected. Such a conflict may arise or appear to arise by the acceptance of gratuities or by any action which could reasonably be interpreted as influencing the strict impartiality that must prevail in all business relation

ships involving the Government. Strict impartiality is often difficult to maintain when business relationships are allowed to become overly personal. GSA personnel shall ensure that persons doing business or attempting to do business with the agency, or representing business entities, are not permitted to ingratiate themselves to the extent that GSA personnel hesitate to deny requests for special treatment or otherwise to follow the rule of strict impartiality when officially dealing with such persons.

(d) Conflicts of interest-(1) Affiliations and financial interests. GSA personnel shall not engage in any personal, business, or professional activity, or receive or retain any direct or indirect financial interest, which places them in a position of conflict or apparent conflict between their private interests and the public interests of the United States related to the duties or responsibilities of their GSA positions. For the purpose of this prohibition, the private interests of a spouse and a minor child are treated as private interests of the GSA personnel.

(2) Using inside information. GSA personnel shall not use, directly or indirectly, inside information to further a private gain for themselves or others if that information is not generally available to the public and was obtained by reason of their GSA positions.

(3) Using GSA position. GSA personnel are prohibited from using their official positions to induce, coerce, or in any manner influence any person, including subordinates, to provide any improper benefit, financial or otherwise, to themselves or others.

(4) Disqualification or divestiture requirements. Unless otherwise expressly authorized by action taken under 18 U.S.C. 208, all GSA personnel who have affiliations or financial interests which create conflicts, or appearances of conflicts, of interests with their official duties must disqualify themselves from any official activities that are related to those affiliations or interests or the entities involved. A written disqualification must be must be sent to an individual's superior and immediate subordinates whenever it appears possible that the individual's of