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(a) A consultant shall not use his position for the actual or apparent purpose of private gain for himself or another person, particularly one with whom he has family business or financial ties, nor shall he convey inside information (that which has not become part of the body of public information and that would not be available upon request) directly or indirectly to any person for the purpose of private gain for himself or another person, particularly one with whom he has family business or financial ties.

(b) A consultant shall not, either for or without compensation, engage in teaching, lecturing, or writing that is dependent on information obtained as a result of his Government employment, except when that information has been made available to the general public or will be made available on request, or when the Director gives written authorization for the use of nonpublic information on the basis that the use is in the public interest.

(c) A consultant shall not use his position with the Foundation to coerce or give the appearance of coercing a person to provide private gain for himself or another person.

(d) A consultant shall not, in connection with his NSF duties, receive or solicit from anyone having business with the Foundation anything of value such as a gift, gratuity, loan, or entertainment for himself or another person. (This does not prohibit the infrequent acceptance of unsolicited advertising or promotional materials of nominal value such as pens, note pads, or calendars, or the acceptance of food or refreshments of nominal value characteristic of luncheon or dinner meetings.)

(e) A consultant shall adhere to the same standards of conduct made applicable to employees of the National Science Foundation by § 600.735-9 (a) through (d), (f), and (k) through (n). § 600.735-23 Statements of employment and financial interests.

(a) At the time of appointment, each consultant shall complete and submit to the Personnel Office, National Science Foundation, the form entitled "Statement of Employment and Financial Interests." Present consultants must submit such statement not later than June 30, 1966. It is necessary that the consultant report all Federal and non-Federal employment, as well as those finan

cial interests which relate either directly or indirectly to his Foundation duties or responsibilities. Inquiries as to whether financial interests relate directly or indirectly to his duties or responsibilities should be directed to the Conflicts-of-Interest Counselor, National Science Foundation.

(b) Consultants are not required to submit information relating to their financial interests in any professional society not conducted as a business enterprise as described in the next sentence, charitable, religious, social, fraternal, recreational, public service, civic, political, or similar organization not conducted as a business enterprise. Professional societies, educational institutions and other nonprofit organizations engaged in research, development, or related activities involving grants of money from, or contracts with, the Government are deemed "business enterprises" and are required to be included in consultants' statements of employment and financial interests.

(c) Each consultant must file a supplementary statement of employment and financial interests whenever a significant change occurs in either employment or financial interests to keep his record current.

(d) All original and supplementary statements of employment and financial interests will be held in strictest confidence. Information will not be disclosed from the statement except as the Civil Service Commission or the Director may authorize for good cause shown.

(e) It should be noted that the statements of employment and financial interests and supplementary statements required of consultants are in addition to, and are not in substitution for, or in derogation of, any similar requirement imposed by law, regulation, or Executive order. The submission of the statement or supplementary statement by a consultant does not permit him or any other person to participate in any matter in which his or the other person's participation is prohibited by law, regulation, or Executive order. It is the responsibility of each consultant to acquaint himself with the relevant statutes. A listing of such statutes is provided in the Appendix to this part. Upon request, the Personnel Office, National Science Foundation will provide excerpts of pertinent portions of these statutes.

§ 600.735-24 Resolution of possible conflicts-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 conflict 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.

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The following is a list of statutes related to the conduct of Government employees and consultants. Upon request, pertinent exIcerpts 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. 118p, 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).

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. 1181), and 18 U.S.C. 602, 603, 607, and 608.

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(a) "Special Review Committee" (also referred to as "Committee") means a body composed of the following Foundation officials: The Deputy Director, as chairman, the Associate Director (Scientific Personnel and Education) and the General Counsel, together with such additional persons, if any, from sources within or outside the Foundation as may be designated from time to time by the Director.

(b) "Act" means the National Science Foundation Act of 1950, as amended (42 U.S.C. §§ 1861-1875).

(c) "Fellowship" (also referred to as "award") means an award made by the Foundation to an individual under section 10 of the Act.

(d) The terms "Review Panel" and "Review Board" refer to the Panel and Board defined in the regulations contained in Part 630 of this chapter.

(e) "Director" means the Director of the National Science Foundation.

(f) "Oath or affirmation of allegiance" means the oath or affirmation required under section 16(d) (1) of the Act.

§ 610.3 Separate consideration of professional or academic qualifications and affirmative declaration as to convictions or pending criminal charges and allegations or complaints by third parties.

In order that objectivity may be maintained in the selection of candidates (and in any decisions as to termination of a fellowship) on the basis of scholarly achievement and potential, no advisory group or panel involved in making any recommendations as to the selection of persons for Fellowships, or in the making of any recommendations as to their retention as such Fellows, will be made aware of any affirmative or negative criminal declarations made pursuant to section 16(d) (1) (B) of the Act, nor of any other information (such as thirdparty allegations) other than that developed in connection with the submission and processing of the application for academic considerations.

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either case it is established that the applicant or fellowship holder is, nevertheless, now a person of good moral character.

(b) These criteria are subject to continuing review and may be revised from time to time as experience and circumstances may make it desirable.

§ 610.5 Procedures; Special Review

Committee.

(a) Affirmative declarations made pursuant to section 16(d) (1) (B) of the Act or allegations and complaints by third parties pertaining to any individual who is the holder of a Fellowship or who has been tentatively selected for such a fellowship on the basis of academic consideration shall be referred to a Special Review Committee. This Committee will make recommendations to the Director as to whether there is substantial reason (pertaining to the moral character or loyalty of the individual concerned in accordance with § 610.4) for a belief that the making or continuation of the award would not be in the best interests of the United States. The Committee may supplement the information referred to it by such correspondence, personal interviews or other informal methods as may be necessary in order to make the aforementioned determination.

(b) If, after review of the recommendations of the Special Review Committee, the Director is of the opinion that there is substantial reason (pertaining to the moral character or loyalty of the individual concerned in accordance with § 610.4) for a belief that the making or continuation of the award would not be in the best interests of the United States, such individual shall be advised by written notice that a question or questions have arisen involving moral character or loyalty, and that upon request he will be afforded a hearing thereon in accordance with Foundation regulations. A copy of the regulations under this part and a copy of Part 630 of this chapter shall be enclosed with the notice, which shall, in addition, (1) set forth, in as much detail and as specifically as considerations of security may permit, the information raising the questions pertaining to moral character or loyalty and (2) advise that unless a request for a hearing is made within twenty days of the mailing of such notice, the matter will be referred to the National Science Board for a determination as to

whether the fellowship should be denied or discontinued. If a hearing is requested, the case will be submitted by the Director to the Chairman of the Review Panel for handling in accordance with the regulations set forth in Part 630 of this chapter. The National Science Foundation is deemed to be the "constituent agency" within the meaning of 630.2(e) of this chapter. "Applicable criteria” as defined in § 630.2(j) of this chapter refers to those set forth in § 610.4 and to manual or other issuances of the National Science Foundation pertaining to denial or discontinuance of fellowship awards on grounds involving moral character or loyalty. § 610.6

Final decision.

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be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance from the National Science Foundation.

§ 611.2 Application of part.

This part applies to any program for which Federal financial assistance is authorized under a law administered by the Foundation, including the Federallyassisted programs and activities listed in Appendix A of this part. It applies to money paid, property transferred, or other Federal financial assistance extended under any such program after the effective date of the regulation pursuant to an application approved prior to such effective date. This part does not apply to (a) any Federal financial assistance by way of insurance or guaranty contract, (b) money paid, property transferred, or other assistance extended under any such program before the effective date of this part, (c) any assistance to any individual who is the ultimate beneficiary under any such program, or (d) any employment practice, under any such program, of any employer, employment agency, or labor organization, except to the extent described in § 611.3. The fact that a program or activity is not listed in the Appendix shall not mean, if Title VI of the Act is otherwise applicable, that such program is not covered. Other programs under statutes now in force or hereafter enacted may be added to this list by notice published in the FEDERAL REGISTER.

§ 611.3 Discrimination prohibited.

(a) General. No person in the United States, shall, on grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program to which this part applies.

(b) Specific discriminatory actions prohibited. (1) A recipient under any program to which this part applies may not directly or through contractual or other arrangements, on the ground of race, color, or national origin:

(i) Deny an individual any service, financial aid, or other benefit provided under the program;

(11) Provide any service, financial aid, or other benefit to an individual which is different, or is provided in a

different manner, from that provided to others under the program;

(iii) Subject an individual to segregation or separate treatment in any matter related to his receipt of any service, financial aid, or other benefit under the program;

(iv) Restrict an individual in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service, financial aid, or other benefit under the program;

(v) Treat an individual differently from others in determining whether he satisfies any admission, enrollment, quota, eligibility, membership or other requirement or condition which individuals must meet in order to be provided any service, financial aid, or other benefit provided under the program;

(vi) Deny an individual an opportunity to participate in the program through the provision of services or otherwise or afford him an opportunity to do so which is different from that afforded others under the program (including the opportunity to participate in the program of an employee but only to the extent set forth in paragraph (c) of this section).

(2) A recipient, in determining the types of services, financial aid, or other benefits, or facilities which will be provided under any such program, or the class of individuals to whom, or the situations in which, such services, financial aid, other benefits, or facilities will be provided under any such program, or the class of individuals to be afforded an opportunity to participate in any such program, may not directly or through contractual or other arrangements, utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, color, or national origin, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program as respects individuals of a particular race, color, or national origin.

(3) As used in this section the services, financial aid, or other benefits provided under a program receiving Federal financial assistance shall be deemed to include any service, financial aid, or other benefit provided in or through a facility provided with the aid of Federal financial assistance.

(4) The enumeration of specific forms of prohibited discrimination in this paragraph and paragraph (c) of this

section does not limit the generality of the prohibition in paragraph (a) of this section.

(c) Employment practices. (1) Where a primary objective of the Federal financial assistance to a program to which this part applies is to provide employment, a recipient may not directly or through contractual or other arrangements subject an individual to discrimination on the ground of race, color, or national origin in its employment practices under such program (including recruitment or recruitment advertising, employment, layoff or termination, upgrading, demotion, or transfer, rates of pay or other forms of compensation and use of facilities), including programs where a primary objective of the Federal financial assistance is (i) to assist such individuals through employment to meet expenses incident to the commencement or continuation of their education or training or (ii) to provide work experience which contributes to the education or training of such individuals.

(2) Programs listed in Appendix A as respects employment opportunities provided thereunder, or in facilities provided thereunder, which are limited, or for which preference is given, to students, fellows, or other persons, including research associates, where in training for the same or related employments, have one of the above purposes as a primary purpose.

(3) The requirements applicable to construction employment under any such program shall be those specified in or pursuant to Executive Order 11114.

(d) Medical emergencies. Notwithstanding the foregoing provisions of this section, a recipient of Federal financial assistance shall not be deemed to have failed to comply with paragraph (a) of this section if immediate provision of a service or other benefit to an individual is necessary to prevent his death or serious impairment of his health, and such service or other benefit cannot be provided except by or through a medical institution which refuses or fails to comply with paragraph (a) of this section.

§ 611.4 Assurances required.

(a) General. (1) Every application for Federal financial assistance to carry out a program to which this part applies, and every application for Federal financial assistance to provide a facility shall, as a condition to its approval and the

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