§ 1015.735-24 Conduct prejudicial to the Government.

No employee shall engage in criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct or other conduct prejudicial to the Government. § 1015.735-25 Former employees.

(a) Notification of employment with contractors or grantees. In order to prevent conflicts of interests, a former OEO employee should notify the General Counsel if, within 1 year after he leaves OEO, he accepts employment with an OEO contractor, grantee, or delegate agency. He will be advised promptly whether and how the services he may render to his new employer are restricted by the provisions of the following two paragraphs.

(b) Representing

private organiza

tions. No former employee shall act as agent or attorney before the Government for anyone other than the Government in connection with a particular matter in which he participated personally as an OEO employee (18 U.S.C. 207(a)). In addition to this statutory restriction, no former employee shall act as agent or attorney before the Government, for a period of 9 months after the termination of his OEO employment, in connection with any particular matter which is related to a matter in which he participated personally as an OEO employee during the last 9 months of his OEO employment. For the purposes of this paragraph and of paragraph (c) of this section, a matter shall be deemed to be related to another matter if it can be identified as growing out of the other matter. For example, a grant for a particular activity for a year would normally be considered to be a matter related to a grant for the same activity for the prior year.

(c) Personal appearance as representative of private organizations. No former employee shall appear personally before any officer or agency of the Government in connection with a particular matter which was within his official responsibility during the last year of his OEO employment (18 U.S.C. 207 (b)). The prohibited personal appearances include oral discussions, both face-to-face and by telephone, but do not include writing letters or sending telegrams. "Official responsibility," as defined in 18 U.S.C. 202(a), means intermediate or final authority, exercisable either personally or through subordinates, to approve, dis

approve, or otherwise direct Government action. This prohibition lasts for 1 year after the termination of the employee's responsibility for such matters. In addition to this statutory restriction, no former employee shall appear personally before the Government, for a period of 9 months after the termination of his OEO employment, in connection with a matter which is related to a particular matter for which he was officially responsible during the last year of his OEO employment.

(d) Exemption for specialists. A former employee who has outstanding scientific or technological qualifications may represent another in a matter within the area of his scientific or technological expertise, if the Director has certified in writing published in the FEDERAL REGISTER that such representation is in the national interest. Application for such an exemption shall be made in writing to the General Counsel.

(e) Additional rules. Former employees should continue to observe the provisions of § 1015.735-14, relating to the disclosure and misuse of inside information about OEO which they acquired while they were employees. Also some of the statutes listed in § 1015.73526 are applicable to all persons. For instance, 18 U.S.C., sections 594 and 600, relating to certain political activities, 18 U.S.C., section 508, relating to falsification of Government transportation requests, and 18 U.S.C., section 641, relating to the mishandling of public money, apply to everyone, not just to persons presently employed by the Government. § 1015.735-26 Statutory provisions.

The statutes, and their United States Code citations, most important to employees and former employees are:

(a) The laws on bribery, graft, and conflicts of interests, 18 U.S.C. 201-224. (b) Prohibited political activities, 5 U.S.C. 7324-7327.

(c) Other laws on elections and political activities, 18 U.S.C. 591-612. (d) Prohibition against dual pay, 5 U.S.C. 5533.

(e) Gifts from other employees, 5 U.S.C. 7351.

(f) Failure to make returns or reports, 18 U.S.C. 2075.

(g) Lobbying with appropriated funds, 18 U.S.C. 1913.

(h) Disloyalty and striking against the Government, 5 U.S.C. 7311 and 18 U.S.C. 1918.

(1) Employment of a member of a Communist organization, 50 U.S.C. 784.

(j) (i) Disclosure of classified information, 18 U.S.C. 798, 50 U.S.C. 783; and (ii) disclosure of confidential information, 18 U.S.C. 1905.

(k) Habitual use of intoxicants to excess, 5 U.S.C. 7352.

(1) Misuse of a Government vehicle, 31 U.S.C. 638a (c).

(m) Misuse of the franking privilege, 18 U.S.C. 1719.

(n) Use of deceit in an examination or personnel action in connection with Government employment, 18 U.S.C. 1917.

(0) Fraud or false statements in a Government matter, 18 U.S.C. 1001. (p) Mutilating or destroying a public record, 18 U.S.C. 2071.

(q) Counterfeiting and forging transportation requests, 18 U.S.C. 508.

(r) (i) Embezzlement of Government money or property, 18 U.S.C. 641; (li) falling to account for public money, 18 U.S.C. 643; and (iii) 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.

(s) Unauthorized use of documents relating to claims from or by the Government, 18 U.S.C. 285.

(t) Acting as the agent of a foreign principal registered under the Foreign Agents Registration Act, 18 U.S.C. 219.

(u) Accepting gifts, presents, or decorations from foreign governments except as authorized by 5 U.S.C. 7342, U.S. Constitution, art. I, sec. 9.

(v) House Concurrent Resolution 175, 85th Cong., 2d session, 25 Stat. B12, the "Code of Ethics for Government Service." Subpart C-Reports; Distribution;

Supplemental Regulations

§ 1015.735-31 Reports of non-OEO in

terests.

(a) Reports required. The employees designated in paragraph (j) of this section are required to report to OEO their non-OEO employment, certain financial and property interests, and the names of certain of their creditors. The substance of these reports shall be as required by forms which are available from the Personnel Division. These reports shall be submitted to the Personnel Division.

(b) Nonreportable interests. Employees are not required to report a connection with or interest in a professional society or a charitable, religious, social, fraternal, recreational, public service,

civic, or political organization which is not conducted as a business enterprise, unless such organization does research and development or related work involving grants from or contracts with the Government, or unless such organization has or is likely to have a contract with or grant from OEO.

(c) Interests known to others. If any information required to be reported is not known to the employee but is known to another person, the employee shall request that person to submit the information in his behalf.

(d) Interests of family. The interest of a spouse, minor child, or other resident of the employee's household who is related to him by blood is considered to be an interest of the employee.

(e) When reports are due. Each employee required to make a report who is employed by OEO when this part is published in the FEDERAL REGISTER shall submit the report within ninety days after that publication date. Each employee required to make a report who is to be appointed to OEO after the date of publication of this part must submit the report before entering on duty, provided that the Personnel Director may extend this deadline, for employees other than special Government employees, to a date not more than 30 days after entrance on duty.

(f) Supplemental reports. A supplemental report shall be filed by each person who is an employee of OEO on June 30 of any year, showing the required information as of that date. This report shall be filed not later than July 31. Notwithstanding the filing of the annual supplemental report, each employee shall at all times avoid acquiring a financial interest that could result, or taking an action that would result, in a violation of the conflicts-of-interest provisions of 18 U.S.C. 208 or this part. In addition, each special Government employee (as defined in § 1015.735-2(a)) shall keep his report current, so long as he is employed by OEO, through the submission of supplemental statements.

(g) Review. The Personnel Director shall designate a senior personnel officer who shall review the reports and shall report any conflict of interest, real or apparent, to the General Counsel who shall recommend such remedial action as may be necessary. Remedial action may include but is not limited to (1) changes in assigned duties, (2) divestment by the employee of his conflicting

interest, or (3) disqualification from a particular assignment. The employee concerned shall be given the opportunity to explain any conflict of interest, real or apparent. All remedial action shall be taken in accordance with applicable laws, orders and regulations. Unresolved conflicts shall be reported to the Director.

(h) Confidentiality of reports. All information contained in these reports is confidential. The officer designated under paragraph (g) of this section shall maintain the reports in confidence and shall allow access to other OEO officials, or disclose information to them, only to the extent necessary to carry out the purpose of this part. No information from these reports shall be disclosed to persons outside OEO except, upon good cause shown, by order of the Civil Service Commission or the Director. Upon termination of the employment in OEO of any person required to submit a report, such reports shall be disposed of in accordance with the appropriate disposal schedule prescribed by the Civil Service Commission.

(1) Effect on other provisions. Reports of non-OEO interests are additions to, not substitutes for, or derogations of, any similar requirement imposed by law, order, or regulations. The making of a report by an employee does not permit him or any other person to participate in a matter in which his or the other person's participation is prohibited by law, order, or regulation.

(j) Who must file reports. The employees listed below are required to file reports of non-OEO interests under this section. Any employee who believes that his position has been improperly included in this list may secure a review of such inclusion through the regular OEO grievance procedures.

(1) All employees, except the Director, in positions paid at a level of the Executive Schedule.

(2) Occupants of the following positions, if classified at GS-13 or above:

(i) In CAP headquarters: Director, Community Action Program; Deputy Director, Community Action Program; Director, Office of Special Field Programs; Director, Project Upward Bound; Deputy Director, Project Upward Bound; Director, Office of Program Planning; Director, Office of Training and Technical Assistance; Director, CAP Office of Health Affairs.

(ii) In Job Corps headquarters: Director, Job Corps; Deputy Director, Job

Corps; Director of Financial Management.

(iii) In VISTA headquarters: Director, VISTA; Deputy Director, VISTA; Associate Directors, VISTA.

(iv) In the Office for Management: Assistant Director for Management; Deputy Assistant Director for Management; contracting officers.

(v) In the Office of Research, Plans, Programs, and Evaluation: Director; Deputy Director.

(vi) In the Office of Public Affairs: Assistant Director for Public Affairs; Public Information Officer (Administrative).

(vii) In the Office for Health Affairs: Director; Deputy Director; Executive Officer.

(viii) In the Information Center: Director; Deputy Director.

(ix) In the Office of General Counsel: General Counsel; Deputy General Counsel; Assistant General Counsel for VISTA; Procurement Attorney.

(x) In each OEO Regional Office: Regional Director; Deputy Regional Director; CAP Regional Administrator; Job Corps Regional Administrator; VISTA Regional Administrator; Chief, Management Division; administrative contracting officers.

(3) All special Government employees (as defined in § 1015.735-2(a)). Such employees shall report their outside employment and such financial interests as the Director of Personnel deems relevant in the light of the duties to be performed. In the case of temporary summer employees hired at GS-9 and below to perform duties other than those of an expert or consultant, the reporting requirement will be waived. It may also be waived by the Director with respect to other appointments, except as experts or consultants, upon a finding that the duties of the position held by the special Government employee are of a nature and at such a level of responsibility that the reporting of employment and financial interests is not necessary to protect the integrity of the Government.

§ 1030.5

Access to public information and hearing requirements. (a) Definitions. As used in the regulations in this section:

(1) The term "community action agency" means a public or private agency which is the recipient of aid under section 204 or section 205, or both of the Economic Opportunity Act, and which has been recognized by the Office of Economic Opportunity as an agency which is broadly based, is organized on a communitywide basis, and intends to coordinate a variety of antiproverty actions.

(2) The term "delegate agency" means a public or private agency to which the development, conduct, or administration of part or all of a project assisted under Title II-A or Title III-B of the Economic Opportunity Act has been delegated by a direct recipient of the assistance.

(3) The term "applicant agency" means an agency which has filed an application with the Office of Economic Opportunity for direct assistance under Title II-A or Title III-B of the Economic Opportunity Act, or an agency which has given notice of a public hearing in antic

ipation of the submission of an application under section 204 or section 205 of the Economic Opportunity Act pursuant to paragraph (c) of this section.

(b) Access to public information—(1) Requirements for inspection and examination. (i) Every community action agency and every applicant agency which currently seeks recognition by the Office of Economic Opportunity as a community action agency, shall make available to any person for inspection and examination all of those documents described in subparagraph (2) of this paragraph.

(ii) Any recipient of direct assistance under Title II-A or Title III-B of the Economic Opportunity Act which is not a community action agency, and any delegate agency shall make available to any person for inspection and examination those documents described in subparagraphs (2) (i) to (viii) of this paragraph. In addition, any such agency shall make available the records described in subparagraph (2) (ix) relating to employees whose salaries are included in budgets which are assisted by the Office of Economic Opportunity.

(iii) Any applicant agency which does not seek recognition as a community action agency shall make available for inspection and examination those documents described in subparagraphs (2) (i) to (2) (iv) of this paragraph.

(2) Classes of public information. The following are the books and records and other classes of public information which an agency shall make available for public inspection and examination to the extent required by subparagraph (1) of this paragraph.

(i) Copies of any application submitted by the agency and currently pending with the Office of Economic Opportunity for assistance under the Economic Opportunity Act.

(ii) Copies of the minutes of all public hearings held pursuant to paragraph (c) of this section, and copies of all written statements and affidavits filed with the agency pursuant to paragraph (c) (5) of this section.

(iii) Copies of any proposal received by the agency, and currently pending before it, for inclusion of a project in an application to be submitted to the Office of Economic Opportunity.

(iv) Copies of any proposal approved by the Agency for inclusion in an application for assistance under the Economic Opportunity Act, but not yet sub

mitted to the Office of Economic Opportunity.

(v) Copies of all books of account maintained by the agency with respect to its development, conduct, or administration of any program or project assisted by the Office of Economic Opportunity.

(vi) Copies of all contracts made in connection with the administration of any program or project assisted by the Office of Economic Opportunity, including contracts for conduct and administration of program components, contracts for consultant services, and contracts for the purchase of goods and services, as well as copies of all purchase orders, invoices, and other documents evidencing the expenditure of project funds.

(vii) With respect to any assistance which has been received by the agency under Title II-A or Title III-B of the Economic Opportunity Act, copies of the application for such assistance, the statement of grant or similar document indicating approval of the application and extension of assistance by the Office of Economic Opportunity, and all documents accompanying such statement of grant or similar document or authorizing changes in the grant as originally approved.

(viii) Copies of all report forms submitted by the agency to the Office of Economic Opportunity with respect to the development, conduct, or administration of any program assisted by the Office of Economic Opportunity, except that this subparagraph shall not apply to reports of data about identifiable persons who are the beneficiaries of the programs.

(ix) Current lists of names of employees of the agency, including enrollees in programs under the Economic Opportunity Act, together with their job descriptions and their rates of compensation;

(x) Copies of articles of incorporation and bylaws of any private agency, or copies of any official acts governing the creation and operation of a public agency, and copies of any similar documents which provide the basic authority of the agency or the basic rules for its governance;

(xi) Copies of records of actions taken at all meetings of the Board of Directors, Executive Committee, or other governing body which has the power to make decisions on behalf of the agency, and

any Policy Advisory Committee of the agency;

(xii) Current lists of the names and addresses of all members of the agency, its Board of Directors, its Executive Committee, or any other governing body which has the power to make decisions on behalf of the agency, and any Policy Advisory Committee, and any Committees of any governing body;

(xiii) Copies of current and past budgets of the agency and reports of completed audits of the accounts of the agency by any certified public accountant or State or local official; and

(xiv) Copies of current and past State and Federal tax returns filed by the agency.

(3) Conditions of public inspection and examination. (i) In any case in which books and records or other documents are required by the regulations in this section to be made available for public inspection and examination, they must be made available at the principal office of the disclosing agency. They must be made available during regular business hours on each regular workday (Monday through Friday of each week, official local holidays excepted). In the case of documents being used for official purposes at the time request for inspection and examination is made, the documents shall be made available not later than 5 business days after the receipt of such request. Facsimile copies will also be furnished to any person upon request. If the agency uses its own reproduction equipment, it may charge a fee of 10 cents or less for each page. If other equipment is used, the fee charged shall not exceed the actual cost of the service to the agency.

(ii) In any case in which an agency concludes that a document should not be made public, even though required under the regulations of this section to be disclosed, the agency shall immediately contact the appropriate Regional Director of the Office of Economic Opportunity in writing. The writing shall contain a description of the document and a full explanation of the justification for the agency's conclusion that the document is not of a public nature. The Regional Director will, in such cases, make a prompt determination as to whether the document should be made public.

(4) Additional information. The above enumeration of books and records and other classes of public infor