Page images
PDF
EPUB

their duties and responsibilities. Incompatible activities include, but are not limited to, acceptance of anything of monetary value which may result in or create the appearance of a conflict of interest.

(2) Full-time employees shall not engage in outside employment which tends to impair their health or capacity to discharge acceptably their duties and responsibilities.

(3) Full-time employees shall not receive anything of monetary value from a private source as compensation for their activities as Endowment employees.

(4) Employees shall not engage in teaching, lecturing, or writing which is dependent on official information obtained as a result of Government employment, except when the information has been, or is being made available to the general public, or will be made available to the public on request, or when the Chairman or Deputy Chairman of the Endowment concerned gives written authorization for the use of nonpublic information on the basis that the use is in the public interest. However, employees are encouraged to engage in teaching, lecturing, and writing not prohibited by the regulations in this part, by law, or by Executive order.

(5) Employees shall not receive anything of monetary value for any consulting, lecturing, discussion, writing, or presentation, the subject of which is devoted to the responsibilities, programs, or operations of an Endowment, or which draws on official data or ideas which have not become part of the body of public information.

(6) Employees shall not serve as organizers or directors of conferences, colloquia or similar events supported by grant or contract from an Endowment, but may otherwise participate in such events provided they do not receive any compensation or economic benefit for such participation.

(7) Employees may, however, participate in the affairs of, and accept an award for meritorious public contribution or achievement given by a charitable, religious, fraternal, educational, recreational, public service, or civic organization.

(h) Advice or assistance to nonprofit or commercial organizations. The conditions under which full-time employees may offer assistance or advice to nonprofit or commercial organizations are

set forth in this paragraph (h). Although these conditions are stated as general rules, illustrative applications to specific situations are set forth as an aid to interpretation:

(1) General rules. While not on official duty, an employee may provide advice or assistance and receive compensation therefor, to either nonprofit or commercial organizations: Provided, That such services are unrelated to his Government activities and do not draw upon information deriving from Government sources not publicly available.

(2) Specific examples. (i) Visiting committees. Employees should not participate in the deliberations of a college or university visiting committee; however, an employee may meet with such groups as an Endowment official where it would be appropriate to attend a similar meeting with any other comparable group requesting his assistance.

(ii) Participation in non-Federal institutions. Employees may not participate in any way in the policy making or administration of a non-Federal institution which receives, or is eligible to receive, funds from a Federal agency.

(iii) Membership and office holding in professional societies. An employee may be a member of a professional society, but may not serve as an officer except where the society has not received any support from an Endowment during the preceding three years and the employee has no reason to expect it to seek support during the tenure of his office. If the society later requests support from an Endowment, the employee should resign his office in the society or request permission to remain in such office.

(1) Misuse of information. For the purpose of furthering a private interest, employees shall not (except as provided in paragraph (g) (4) of this section) directly or indirectly use, or allow the use of, official information obtained through, or in connection with, his Government employment which has not been made available to the general public.

(j) Compensation from Endowmentawarded funds. No full-time employee may receive any compensation, either directly or indirectly from funds awarded to contractors or grantees by either Endowment.

(k) Use of Federal property. No employee may use Federal property or facilities of any kind for other than

officially approved activities. Every em- for, or to hold, a State or local office or ployee has the responsibility to protect to undertake the political management of and conserve all Federal property which a candidacy for such office, must secure has been entrusted to him.

the approval of the appropriate Endow(1) Exercise of notary powers. Employ- ment Chairman or, in the case of memees who are notaries public may not bers of the shared staff, of both Chaircharge or receive any compensation for men. performing any notarial act during work- (6) Full-time employees, with the ing hours, including the luncheon period. prior consent of the Chairman con

(m) Political activity. Restrictions in cerned, or of both Chairmen, in the case this section are applicable to employees of members of the shared staff, may hold on leave, leave without pay, or furlough, positions under a State or local governas well as to other regular employees. ment on a part-time basis only. IntermitIndividuals whose employment is on an tent employees may hold full-time or intermittent basis (not occupying a sub- part-time State or local government stantial portion of their time) are sub- positions. In both cases, the above reject to the political activities restrictions strictions on political activity must be only while they are in an active duty observed. status. The period of active duty status

(n) An employee shall not participate, for a particular employee includes the while on Government-owned or leased entire 24-hour period of any day of actual property or while on duty for the Governemployment. The "Federal Personnel ment, in any gambling activity, such as Manual” may be consulted in the a lottery or the sale or purchase of Foundation Administrative Office. If an

numbers, etc. employee is in doubt about permissible $ 1105.735–8 Presenting grievances to activities, he should contact the Ad

Congress. ministrative Office for clarification. (1) Employees may not use their

Nothing in this part shall be construed official positions or influence for the pur

as abridging in any way the right of empose of interfering with an election and

ployees, either individually or collecthey may not take an active part in

tively, to petition Congress, or any Mempolitical management or in political

ber thereof, or to furnish information, campaigns, except as provided in sub

when appropriate, to either House of paragraphs (4) and (5) of this para

Congress, or to any committee or memgraph.

ber thereof. (2) No employee may discriminate APPENDIX-RELATED STATUTORY PROVISIONS against another employee because of his

The following is a list of statutes related political opinions or affiliations.

to the conduct of Government employees and (3) An employee may not become a consultants. Upon request, pertinent excerpts candidate for nomination or election to a of these statutes will be made available by Federal, State, county, or municipal

the Administrative Office of the Foundation. office on a partisan political ticket. Nor

1. House Concurrent Resolution 175, 85th

Congress, 2d session, 72 Stat. B12, the "Code may an employee become a candidate

of Ethics for Government Service." as an independent when opposed by a

2. Chapter 11 of title 18, United States partisan political candidate, except as

Code, relating to bribery, graft, and conprovided in subparagraph (4) of this flicts of interest, as appropriate to the emparagraph.

ployees concerned. (4) Certain political subdivisions in the 3. The prohibition against lobbying with vicinity of Washington, D.C., as well as

appropriated funds (18 U.S.C. 1913). other municipalities, designated by the

4. The prohibitions against disloyalty and

striking (5 U.S.C. 7311, 18 U.S.C. 1918). Civil Service Commission, have been

5. The prohibition against the employgranted a limited exception to the rules ment of a member of a Communist organizaprohibiting political management tion (50 U.S.C. 784). candidacy for local office. In such munic- 6. The prohibitions against (1) the disipalities, employees may become candi- closure of classified information (18 U.S.C. dates as independents, even when op- 798, 50 U.S.C. 783); and (2) the disclosure of posed by partisan political candidates.

confidential information (18 U.S.C. 1905). (5) In general, employees are encour

7. The provision relating to the habitual

use of intoxicants to excess (5 U.S.C. 7352). aged to be candidates for, and to hold,

8. The prohibition against the misuse of State, county, or municipal offices of a à Government vehicle (31 U.S.C. 638a.(c)). nonpartisan nature when permitted by

9. The prohibition against the misuse of law, Employees desiring to be candidates the franking privilege (18 U.S.C. 1719).

or

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

11. The prohibition against mutilating or 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 in Subchapter III of Chapter 73 of Title 5, United States Code and 18 U.S.C. 602, 603, 607, and 608.

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

FINDING AIDS

A list of current CFR volumes, a list of superseded CFR volumes, and a list of CFR titles, subtitles, chapters, subchapters and parts are included in the subject index volume to the Code of Federal Regulations which is published separately and revised annually.

Table of CFR Titles and Chapters
Alphabetical List of CFR Subtitles and Chapters
List of Sections Affected

« PreviousContinue »