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10. The prohibition against the use of deceit in an examination or personnel action in connection with Government employment (5 U.S.C. 637).
11. The prohibition against fraud or false statements in a Government matter (18 U.S.C. 1001).
12. The prohibition against mutilating or destroying a public record (18 U.S.C. 2071).
13. The prohibition against counterfeiting and forging transportation requests (18 U.S.C. 508).
14. 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 an employee by reason of his employment (18 U.S.C. 654).
15. The prohibition against unauthorized use of documents relating to claims from or by the Government (18 U.S.C. 285).
16. The prohibition against proscribed political activities—The Hatch Act (5 U.S.C. 118i), and 18 U.S.C. 602, 603, 607, and 608.
$ 600.735–24 Resolution of possible con
flicts-of-interest situations. (a) The Conflicts-of-Interest Counselor of the Foundation is available to provide advice and guidance to each consultant requiring counsel regarding possible conflicts-of-interest situations and will offer the consultant an opportunity to explain any conflict or appearance of conflict. Whenever a consultant has reason to believe that a present or proposed activity or financial interest of his might confiict or might appear to conflict with Government statutes or regulations, he should bring the matter to the attention of the Conflicts-of-Interest Counselor. The Conflicts-of-Interest Counselor will discuss such matters with the consultant, as well as any other possible conflicts-of-interest situations revealed by the statement of employment and financial interests.
(b) Conflicts-of-interests situations that can not be resolved through their discussions will be presented to the General Counsel, who, if necessary, will refer the matter to the Director of the Foundation for resolution. In rare cases when it is not possible to resolve the conflict-ofinterest situation by changing the consultant's duties or by his divesting himself of his conflicting interest, it may be necessary to request he resign his appointment.
APPENDIX The following is a list of statutes related to the conduct of Government employees and consultants. Upon request, pertinent excerpts of these statutes will be made available by the Personnel Office.
1. House Concurrent Resolution 175, 85th Congress, 2d Session, 72 Stat. B12, the "Code of Ethics for Government Service."
2. Chapter 11 of title 18, United States Code, relating to bribery, graft, and conflicts of interest, as appropriate to the employees concerned.
3. The prohibition against lobbying with appropriated funds (18 U.S.C. 1913).
4. The prohibitions against disloyalty and striking (5 U.S.C. 1187, 118r).
5. The prohibition against the employment of a member of a Communist organization (50 U.S.C. 784).
6. The prohibitions against (1) the disclosure of classified information (18 U.S.C. 798, 50 U.S.C. 783); and (2) the disclosure of confidential information (18 U.S.C. 1905).
7. The provision relating to the habitual use of intoxicants to excess (5 U.S.C. 640).
8. The prohibition against the misuse of a Government vehicle (5 U.S.C. 78C).
9. The prohibition against the misuse of the franking privilege (18 U.S.C. 1719).
PART 610-PROCEDURES AND CRI
TERIA FOR RESOLVING QUESTIONS
SHIPS Sec. 610.1 Purpose. 610.2 Definitions. 610.3 Separate consideration of professional
or academic qualifications and alfirmative declarations as to convictions or pending criminal charges and allegations or complaints by
third parties. 610.4 Substantive criteria. 610.5 Procedures; Special Review Commit
tee. 610.6 Final decision.
AUTHORITY: The provisions of this part 610 issued under sec. 11(a), 64 Stat. 153; 42 U.S.C. 1870.
SOURCE: The provisions of this Part 610 appear at 29 F.R. 14540, Oct. 23, 1964, unless otherwise noted. $ 610.1 Purpose.
This part establishes procedures and criteria, including an opportunity for a hearing by a Review Board established pursuant to Part 630 of this title, for resolving questions arising as to whether the making or continuation of a National Science Foundation Fellowship award would not be in the best interests of the United States on grounds involving the moral character or loyalty of the applicant for, or holder of, such fellowship.
8 610.2 Definitions.
either case it is established that the ap(a) "Special Review Committee" (also
plicant or fellowship holder is, neverreferred to as “Committee") means a
theless, now a person of good moral body composed of the following Founda
character. tion officials: The Deputy Director, as
(b) These criteria are subject to conchairman, the Associate Director (Scien
tinuing review and may be revised from tific Personnel and Education) and the
time to time as experience and circumGeneral Counsel, together with such ad
stances may make it desirable. ditional persons, if any, from sources § 610.5 Procedures; Special Review within or outside the Foundation as may
Committee. be designated from time to time by the (a) Affirmative declarations made Director.
pursuant to section 16(d) (1) (B) of the (b) "Act" means the National Sci
Act or allegations and complaints by ence Foundation Act of 1950, as amended
third parties pertaining to any individual (42 U.S.C. $ $ 1861–1875).
who is the holder of a Fellowship or (c) "Fellowship" (also referred to as
who has been tentatively selected for "award") means an award made by the
such a fellowship on the basis of acaFoundation to an individual under sec
demic consideration shall be referred to tion 10 of the Act.
a Special Review Committee. This Com(d) The terms "Review Panel” and
mittee will make recommendations to "Review Board" refer to the Panel and
the Director as to whether there is subBoard defined in the regulations con
stantial reason (pertaining to the moral tained in Part 630 of this chapter.
character or loyalty of the individual (e) "Director” means the Director of
concerned in accordance with $ 610.4) the National Science Foundation.
for a belief that the making or continua(f) “Oath or affirmation of allegiance"
tion of the award would not be in the means the oath or affirmation required
best interests of the United States. The under section 16(d) (1) of the Act.
Committee may supplement the informa$ 610.3 Separate consideration of pro
tion referred to it by such correspondfessional or academic qualifications ence, personal interviews or other inforand affirmative declaration as to con- mal methods as may be necessary in victions or pending criminal charges order to make the aforementioned and allegations or complaints by determination. third parties.
(b) If, after review of the recommenIn order that objectivity may be main- dations of the Special Review Committained in the selection of candidates (and tee, the Director is of the opinion that in any decisions as to termination of a
there is substantial reason (pertaining fellowship) on the basis of scholarly to the moral character or loyalty of the achievement and potential, no advisory
individual concerned in accordance with group or panel involved in making any
$ 610.4) for a belief that the making or recommendations as to the selection of continuation of the award would not persons for Fellowships, or in the making
be in the best interests of the United of any recommendations as to their re
States, such individual shall be advised tention as such Fellows, will be made
by written notice that a question or quesaware of any affirmative or negative
tions have arisen involving moral charcriminal declarations made pursuant to
acter or loyalty, and that upon request section 16(d) (1) (B) of the Act, nor of
he will be afforded a hearing thereon in any other information (such as third
accordance with Foundation regulations. party allegations) other than that de- A copy of the regulations under this part veloped in connection with the submis- and a copy of Part 630 of this chapter sion and processing of the application for
shall be enclosed with the notice, which academic considerations.
shall, in addition, (1) set forth, in as
much detail and as specifically as con§ 610.4 Substantive criteria.
siderations of security may permit, the (a) A Fellowship award will be denied information raising the questions peror discontinued where: (1) The oath or taining to moral character or loyalty affirmation of allegiance was not taken and (2) advise that unless a request for or cannot be taken in good faith; or (2) a hearing is made within twenty days there is (1) a conviction of a crime in- of the mailing of such notice, the matvolving moral turpitude, or (ii) conduct ter will be referred to the National SciInvolving moral turpitude, unless in ence Board for a determination as to whether the fellowship should be de- be excluded from participation in, be nied or discontinued. If a hearing is denied the benefits of, or be otherwise requested, the case will be submitted by subjected to discrimination under any the Director to the Chairman of the Re- program or activity receiving Federal view Panel for handling in accordance financial assistance from the National with the regulations set forth in Part Science Foundation. 630 of this chapter. The National Sci
$ 611.2 Application of part. ence Foundation is deemed to be the "constituent agency” within the mean
This part applies to any program for Ing of $ 630.2(e) of this chapter. “Ap
which Federal financial assistance is auplicable criteria" as defined in $ 630.2(j) thorized under a law administered by of this chapter refers to those set forth the Foundation, including the Federallyin $ 610.4 and to manual or other is- assisted programs and activities listed suances of the National Science Founda- in Appendix A of this part. It applies tion pertaining to denial or discontinu- to money paid, property transferred, or ance of fellowship awards on grounds in
other Federal financial assistance exvolving moral character or loyalty.
tended under any such program after
the effective date of the regulation pur8 610.6 Final decision.
suant to an application approved prior The initial decision of a Review Board to such effective date. This part does shall be forwarded by the Director to the not apply to (a) any Federal financial National Science Board, which shall then assistance by way of insurance or guarconsider it and take such action thereon
anty contract, (b) money paid, property as it shall deem to be appropriate.
transferred, or other assistance extended under any such program before the effec
tive date of this part, (c) any assistance PART 611-NONDISCRIMINATION IN
to any individual who is the ultimate FEDERALLY-ASSISTED PROGRAMS
beneficiary under any such program, or OF THE NATIONAL SCIENCE FOUN- (d) any employment practice, under any DATION-EFFECTUATION OF TITLE such program, of any employer, employVI OF THE CIVIL RIGHTS ACT OF ment agency, or labor organization, ex1964
cept to the extent described in § 611.3.
The fact that a program or activity is Sec.
not listed in the Appendix shall not 611.1 Purpose.
mean, if Title VI of the Act is otherwise 611.2 Application of part. 611.3 Discrimination prohibited.
japplicable, that such program is not 611.4 Assurances required.
covered. Other programs under stat611.5 Illustrative applications
utes now in force or hereafter enacted 611.6 Compliance information.
may be added to this list by notice pub611.7 Conduct of investigations.
lished in the FEDERAL REGISTER. 611.8 Procedure for effecting compliance. 611.9 Hearings.
§ 611.3 Discrimination prohibited. 611.10 Decisions and notices.
(a) General. No person in the United 611.11 Judicial review.
States, shall, on grounds of race, color, 611.12 Effect on other regulations; forms
or national origin be excluded from parand instructions. 611.13 Definitions.
ticipation in, be denied the benefits of, Appendix A
or be otherwise subjected to discriminaAUTHORITY: The provisions of this Part 611
tion under any program to which this Issued under sec. 602, 78 Stat. 252; 42 U.S.C. part applies. 2000d-1; and sec. 11(a), 64 Stat. 153; 42 (b) Specific discriminatory actions U.S.C. 1870.
prohibited. (1) A recipient under any SOURCE: The provisions of this Part 611 program to which this part applies may appear at 29 F.R. 16305, Dec. 4, 1964, unless
not directly or through contractual or otherwise noted.
other arrangements, on the ground of 8611.1 Purpose.
race, color, or national origin: The purpose of this part is to effectu- (1) Deny an individual any service, ate the provisions of Title VI of the Civil financial aid, or other benefit provided Rights Act of 1964 (hereafter referred under the program; to as the "Act”) to the end that no per- (if) Provide any service, financial son in the United States shall, on the aid, or other benefit to an individual ground of race, color, or national origin, which is different, or is provided in a different manner, from that provided to section does not limit the generality of others under the program;
the prohibition in paragraph (a) of this (iii) Subject an individual to segre- section. gation or separate treatment in any mat- (c) Employment practices. (1) Where ter related to his receipt of any service, a primary objective of the Federal finanfinancial aid, or other benefit under the cial assistance to a program to which this program;
part applies is to provide employment, (iv) Restrict an individual in any a recipient may not directly or through way in the enjoyment of any advantage contractual or other arrangements subor privilege enjoyed by others receiving ject an individual to discrimination on any service, financial aid, or other benefit the ground of race, color, or national under the program;
origin in its employment practices under (v) Treat an individual differently such program (including recruitment or from others in determining whether he recruitment advertising, employment, satisfies any admission, enrollment, layoff or termination, upgrading, demoquota, eligibility, membership or other tion, or transfer, rates of pay or other requirement or condition which indi- forms of compensation and use of facilviduals must meet in order to be pro- ities), including programs where a privided any service, financial aid, or other mary objective of the Federal financial benefit provided under the program; assistance is (1) to assist such individuals
(vi) Deny an individual an oppor- through employment to meet expenses tunity to participate in the program incident to the commencement or conthrough the provision of services or tinuation of their education or training otherwise or afford him an opportunity or (ii) to provide work experience which to do so which is different from that contributes to the education or training afforded others under the program (in- of such individuals. cluding the opportunity to participate in (2) Programs listed in Appendix A as the program of an employee but only to respects employment opportunities prothe extent set forth in paragraph (c) of vided thereunder, or in facilities prothis section).
vided thereunder, which are limited, or (2) A recipient, in determining the for which preference is given, to stutypes of services, financial aid, or other dents, fellows, or other persons, including benefits, or facilities which will be pro- research associates, where in training vided under any such program, or the for the same or related employments, class of individuals to whom, or the have one of the above purposes as a situations in which, such services, finan- primary purpose. cial aid, other benefits, or facilities will (3) The requirements applicable to be provided under any such program, or construction employment under any such the class of individuals to be afforded program shall be those specified in or an opportunity to participate in any pursuant to Executive Order 11114. such program, may not directly or (d) Medical emergencies. Notwiththrough contractual or other arrange- standing the foregoing provisions of this ments, utilize criteria or methods of ad
section, a recipient of Federal financial ministration which have the effect of assistance shall not be deemed to have subjecting individuals to discrimination failed to comply with paragraph (a) of because of their race, color, or national this section if immediate provision of a origin, or have the effect of defeating service or other benefit to an individual or substantially impairing accomplish- is necessary to prevent his death or seriment of the objectives of the program as ous impairment of his health, and such respects individuals of a particular race, service or other benefit cannot be procolor, or national origin.
vided except by or through a medical (3) As used in this section the services, institution which refuses or fails to financial aid, or other benefits provided comply with paragraph (a) of this under a program receiving Federal
section. financial assistance shall be deemed to
$ 611.4 Assurances required. include any service, financial aid, or other benefit provided in or through a (a) General (1) Every application facility provided with the aid of Federal for Federal financial assistance to carry financial assistance.
out a program to which this part applies, (4) The enumeration of specific forms and every application for Federal finan. of prohibited discrimination in this cial assistance to provide a facility shall, paragraph and paragraph (c) of this as a condition to its approval and the
extension of any Federal financial as such financing, and upon such conditions sistance pursuant to the application, con as he deems appropriate, to forbear the tain or be accompanied by an assurance exercise of such right to revert title for that the program will be conducted or so long as the lien of such mortgage or the facility operated in compliance with other encumbrance remains effective. all requirements imposed by or pursuant (3) Transfers of surplus property are to this part. In the case of an applica subject to regulations issued by the Adtion for Federal financial assistance to ministrator of the General Services provide real property or structures there Administration. (41 CFR 101-6.2.) on, the assurance shall obligate the re (b) Elementary and secondary schools. cipient, or, in the case of a subsequent The requirements of paragraph (a) of transfer, the transferee, for the period this section with respect to any elemenduring which the real property or struc tary or secondary school or school systures are used for a purpose for which tem shall be deemed to be satisfied if the Federal financial assistance is ex such school or school system (1) is subtended or for another purpose involving ject to a final order of a court of the the provision of similar services or bene United States for the desegregation of fits. In the case of personal property the such school or school system, and proassurance shall obligate the recipient for vides an assurance that it will comply the period during which he retains with such order, including any future ownership or possession of the property. modification of such order, or (2) subIn all other cases the assurance shall mits a plan for the desegregation of such obligate the recipient for the period dur school or school system which the Coming which Federal Financial assistance is missioner of Education determines is extended pursuant to the application. adequate to accomplish the purposes of The responsible Foundation official shall the Act and this part, and provides reaspecify the form of the foregoing assur sonable assurance that it will carry out ances for each program and the extent to such plan. In any case of continuing which like assurances will be required of Federal financial assistance the Comsubgrantees, contractors and subcontrac missioner may reserve the right to retors, successors in interest, and other determine, after such period as may be participants in the program. Any such specified by him, the adequacy of the assurance shall include provisions which plan to accomplish the purposes of the give the United States a right to seek its Act and this part. In any case in which judicial enforcement.
a final order of a court of the United (2) The assurance required in the case States for the desegregation of such of a transfer of real property except school or school system is entered after where covered by subparagraph (3) of submission of such a plan, such plan this paragraph shall be inserted in the shall be revised to conform to such final instrument effecting the transfer of any order, including any future modification such land, together with any improve of such order. ments located thereon, and shall consist (c) Assurances from institutions. (1) of (i) a condition coupled with a right to In the case of any application for Fedbe reserved to the Foundation to revert eral financial assistance to an institutitle to the property in the event of tion of higher education (including breach of such nondiscrimination condi assistance for construction, for research tion during the period during which the for a special training project, or for any real property is used for a purpose for other purpose), the assurance required which the Federal financial assistance by this section shall extend to admission is extended or for another purpose in practices and to all other practices revolving the provision of similar services lating to the treatment of students. or benefits, and (ii) a covenant running (2) The assurance required with rewith the land for the same period. In spect to an institution of higher educathe event a transferee of real property tion, hospital, or any other institution, proposes to mortgage or otherwise en insofar as the assurance relates to the cumber the real property as security for institution's practices with respect to financing construction of new, or im admission or other treatment of indiprovement of existing, facilities on such viduals as students, patients, or clients property for the purposes for which the of the institution or to the opportunity property was transferred, the Director to participate in the provision of services may agree, upon request of the trans or other benefits to such individuals, feree and if necessary to accomplish shall be applicable to the entire institu