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(not money) from private sources (d) Private use of public property or when you are traveling on official NSF services. You must not use Governbusiness, but not if they would be paid ment property or services for your prifor out of funds that come wholly or vate benefit or for the private benefit partly from an NSF award. There is of others, except as your normal one exception to the reservation about public duties benefit particular memfunds that come from an NSF award: bers of the public in intended ways. if you are attending a conference, symposium, or other meeting funded by & 683.35 Participation in NSF-supported the NSF, you may accept meals and conferences and workshops.
iging (but NOT travel tickets) if You may participate in a conference, they are offered to everyone attending workshop or similar event supported the meeting and alternate arrange
by NSF funds, provided you do not rements for meals and lodging are un
ceive any compensation, honorarium, available or would cause an unusual
or the like for your participation. You inconvenience. If you do accept meals
may not serve as an organizer or direcor lodging while on official travel,
tor of such an NSF-supported event, your per diem must be reduced accord
unless its purpose is to plan, assess, or ingly,
publicize NSF programs. Nor, ordinari(b) For travel, etc. when not on duty.
ly, should you chair a session or give a If you are on leave, not representing
paper except to describe NSF prothe Foundation, and not expected pri
grams or NSF needs. You may discuss marily to discuss NSF policy or proce
arrangements with the organizers or dures, these restrictions do not apply.
directors as long as you do not use the However, you may not accept services influence that derives from your NSF in kind or reimbursement for travel
position to pressure them. expenses if the sources would be funds that come wholly or partly from an 8 683.36 Gifts, favors, loans, prizes, and NSF award EXCEPT as provided for awards. rotators in § 682.23(c).
(a) Gifts and favors generally. You 8 683.34 Misuse of inside information or
may not directly or indirectly solicit or
accept a gift, a favor, or a loan from Government property.
any person or organization that has or (a) No misuse of inside information. is seeking NSF awards, that has other If your Government job gives you interests potentially affected by what access to information not generally you do in your NSF job, or that may available to the public, you must not be trying to affect your official acuse that information for your private tions. (You may, however, accept probenefit or make it available for the motional things of trivial value such as private benefit of any other person or pens, pencils, note pads, and caleninstitution.
dars.) (b) Consulting, lecturing, etc. about (b) Meals or entertainment. By exthe NSF. You must not receive any tension, you should ordinarily avoid thing of monetary value for consult accepting meals or entertainment ing, lecturing, writing, or public discus from such persons or organizations if sion that concerns the responsibilities, you can avoid doing so within the reathe programs, or the operations of the sonable bounds of politeness. You NSF or that draws on official informa may, however, occasionally accept a tion or ideas not generally available to modest meal offered as a courtesy or the public.
convenience during a site visit or a (c) Waivers. The Director, the luncheon or dinner meeting. Deputy Director, or an assistant direc (c) Prizes and awards. The restrictor may waive application of these tions in paragraph (a) of this section rules and authorize use of non-public do not prevent you from accepting a information in the public interest. Any prize or award for scientific or other such authorization must be in writing. public achievement given by a univerConsult an ethics counselor in the sity, scientific society, or other organiOffice of the General Counsel.
zation. However, you may accept any.
thing of value that accompanies the ment was subject to Senate confirmaprize or award only if it is not paid for tion. If you are such a Presidential apout of funds that come wholly or pointee, you are subject only to the repartly from an NSF award. You will be strictions decribed in $ 683.44. You disqualified for one year from han need not be concerned with the rest of dling proposals and other award-relat- this Subpart exe
this Subpart except as it affects your ed applications that involve the inter
colleagues and subordinates. ests of the person or institution from
(d) Employee coverage. If you are which you received any such prize or
subject to the “Hatch Act” restricaward. See § 681.21 of this chapter. (d) From foreign governments. You
tions, they apply even while you are
on leave while you are on detail or asmay not accept a gift or decoration
signment to a non-Federal post. They from a foreign government except one
apply even if you work for the Govof “minimal value”. Minimal value means retail value in the United
ernment only part-time. If you work States of $140 or less. If the gift is of
for the Government as a temporary more than minimal value you may
employee, the restrictions apply as accept it only if not accepting it would
long as your temporary employment be likely to cause offense or embar
lasts. If you work for the Government rassment. Even then, any gift of more as an intermittent employee, the than minimal value becomes the prop
strictions apply only while you are in erty of the United States. Consult an
the active-duty status, but that inethics counselor for help in depositing cludes the entire 24 hours of any day the gift with the State Department.
on which you work for the Govern
ment at all. (If in doubt about the emSubpart D-Political Activity
ployment category to which you (Hatch Act)
belong, check with Personnel.) 8 683.40 Introduction; who's covered.
(e) Political party. Any political (a) Hatch Act. In order to ensure
party or political club, national or that day-to-day government actions
state, is a “political party” under this (such as award of grants) are not af
Subpart, except where provisions spefected by political motives and in
cifically refer to a "national political order to preserve a nonpolitical civil party”. service that is selected on merit, not on political considerations, the law re
$ 683.41 Basic political rights unaffected. stricts the involvement of Federal civil The Hatch Act restrictions do not service employees with partisan poli- affect your basic political rights. Spetics. These restrictions derive from a cifically: law popularly known as “the Hatch (a) You may register and vote as you Act”.
choose in any election. (b) Summary of Hatch Act restric
(b) You may contribute to a political tions. (1) You may not run for public
party or candidate, though you may or party office, except in nonpartisan
not be pressured to do so because of elections and certain local elections.
your Federal employment. See § 683.42(a).
(c) You may be a member of a politi(2) You may not participate in elec
cal party or other political organization campaigning, except in nonpartisan elections and certain local elec
tion. You may attend party meetings tions. See § 683.42(c).
and vote on issues. You may not, how(3) You may not take an active part
ever, be involved in managing or leadin leading or managing a political
ing the organization. See $ 683.43. party. See § 683.43.
(d) You may write, call, or visit any (4) You must not use your official Federal, state, or local political official authority or influence for political
(including, for example, your Conpurposes. See § 683.44.
gressman) to express your views on (c) Presidential appointees. You are any political issue and on how the offi. subject to these restrictions if you are cial should vote or act on the issue. an NSF employee, unless you are a (e) You may sign political petitions, Presidential appointee whose appoint, including nominating petitions, but
you may not circulate such petitions for others to sign. See § 683.42(d)(2).
$ 683.42 Candidacy and campaigns.
(a) Running for office. You may not run for nomination or election to public office. There are two exceptions:
(1) You may run in an election in which no candidate runs as representing any national political party. (Currently, this means the Democratic or Republican party, but if another party wins electoral votes in a Presidential election, that could change.)
(2) You may run for office in most of the local political jurisdictions in the Washington, D.C. area if you run as an independent not representing any political party, national or otherwise. (To be sure that your jurisdiction is among those in which this is permitted, check with an Ethics Counselor in the Office of the General Counsel.)
(b) No partisan campaigning. You may not campaign for or against a political party or candidate in an election for public office or in an election for party office. Essentially the same two exceptions apply:
(1) You may campaign for a candidate in an election in which no candidate runs as representing any national political party.
(2) If you could be an independent candidate in a local election described in (a)(2) of this section, you may campaign for an independent candidate in such an election. You may not campaign for any side of a question or issue that is specifically identified with a political party.
(c) What constitutes campaigning. You “campaign” when you:
(1) Actively participate in management of a campaign;
(2) Initiate nominating petitions or canvass for signatures on nominating petitions;
(3) Endorse or oppose a candidate or a position through political advertise. ments, broadcasts, campaign litera ture, or the like;
(4) Speak at rallies, candidate nights, party caucuses, or other politi. cal gatherings;
(5) Solicit campaign contributions, promote political dinners or similar events, sell tickets for such events, or
otherwise participate in campaign fundraising;
(6) Help to handle campaign finances;
(7) Distribute campaign material;
(8) Host a coffee, cocktail party, or buffet for a candidate or a candidate's surrogate;
(9) Drive voters to the polls;
(10) Work at the polls as a checker, challenger, pollwatcher, or the like, or
(11) Do any other work on behalf of a candidate.
(d) Nonpartisan election duties. In connection with an election, you may perform nonpartisan duties provided for by law as an election clerk, judge, or the like.
(e) Appointment to nonelective office. You may accept appointment to nonelective public office, subject to the same limits that apply to any other outside employment. See Subpart C, $$ 683.30-683.36. § 683.43 Party activities.
You may not take an active part in leading or managing a political party. You do that when you:
(a) Participate in organizing or reorganizing it;
(b) Serve as a party officer or as a member of a national, state, or local party committee (or stand as a candidate for such a position);
(c) Participate in party fundraising or in handling party finances;
(d) Serve as a delegate, alternate, or proxy to a party convention (though you may attend such a convention); or
(e) Take an active part in conducting or running a meeting, rally, fund-raising function, convention, or other party gathering (though you may attend such a gathering).
8 683.44 Political use of official authority
or influence. You must not use your official authority or influence for political purposes. Thus:
(a) You must not use your official position or authority to interfere with an election or to affect the result of an election.
(b) You must not solicit political contributions from other Federal employees, allow your name to appear on
any fundraising appeal likely to be to work for the NSF 130 days a year or sent to Federal employees, or author- less is a “special Government employize anyone to solicit or receive political ee." The rules in this Subpart apply to contributions in a building where Fed you only if you are such a “special emeral employees work.
ployee”. Other employees should see (c) You must not discriminate Parts 680 through 683 of the NSF conagainst any other employee because of flict-of-interests regulations. his or her political opinions or affili (b) Days worked. If you have any unations. This is a “prohibited personnel
certainty about how many days you practice". See regulations of the Merit
work or are expected to work for the Systems Protection Board at 5 CFR
NSF, consult an ethics counselor in 1250.3(b)(3).
the Office of the General Counsel.
There are specific rules for counting PART 684_RULES FOR CONSULT- the days, and the rules that apply
ANTS, BOARD MEMBERS, AND while you are still employed differ OTHER “SPECIAL EMPLOYEES"
somewhat from those that apply after
ward. Subpart A-General Rules for Consultants,
Board Members, and Other “Special Employ- & 684.11 Summary of rules for "special ees"
(a) This section summarizes the 684.10 “Special employees”.
principal conflicts requirements that 684.11 Summary of rules for “special em you are expected to observe as an NSF ployees".
“special employee". It references the 684.12 Financial disclosure.
subsequent provisions of this subpart 684.13 Political activity (Hatch Act).
in which these requirements are elabo684.14 Representing private interests
rated. You are encouraged to read as before the NSF or other Federal agen
well $$ 680.10 and 680.12, which cies. 684.15 Compensation.
introduce the NSF conflict-of-interests 684.16 Acts affecting your financial inter regulations and explain their purests.
poses. Members of the National Sci684.17 Inside information.
ence Board are committed to observe, 684.18 General standards of conduct for besides the requirements summarized “special employees”.
here, the special rules of the Board for
its members. See Subpart B, $ $ 684.20Subpart B-Special Rules of the National
684.22. Science Board for Board Members
(b) NSF work on proposals and 684.20 Summary.
awards of others. (1) If you serve on a 684.21 Participation in Board deliberations. panel that reviews proposals or other684.22 Participation in NSF-Supported wise serve as a peer reviewer, you will Projects.
be given instructions designed to deal AUTHORITY: E.O. 11222 of May 8, 1965, 3 with any conflict of interests you may CFR, 1965 Supplement and Regulations of have. the Office of Personnel Management, 5 (2) If you participate in action on CFR 735.104.
proposals and awards as a National SOURCE: 47 FR 32149, July 26, 1982, unless Science Board member, see § 684.21. otherwise noted.
(3) If you should otherwise become
involved with the handling of a proSubpart A-General Rules for
posal of other award-related applicaConsultants, Board Members, and tion you should follow the same rules Other “Special Employees"
and procedures on conflicts or poten
tial conflicts in handling proposals and 8 684.10 “Special employees".
awards as regular NSF employees. (a) “Special employees". Any NSF They are set out in Part 681 of the consultant, National Science Board NSF conflicts regulations, 88 681.20member, or other temporary or inter- 681.26. mittent employee (including a rehired (c) Financial disclosure (§ 684.12). annuitant) who works or is expected (1) If you are compensated at a rate at
or above the lowest rate for a GS-16 any compensation for services by you regular employee and plan to work or or anyone else in relation to any actually do work more than sixty days matter involving specific parties that in any calendar year, you must file is pending in the NSF. public Financial Disclosure Reports.
(g) Acts affecting your financial in(2) If you are not required to file terests (8 684.16). You must not be perpublic Financial Disclosure Reports,
sonally involved as a Federal employee you must file a confidential Statement in the handling of any proposal, of Financial Interests at the time of
award, or other matter in which you, a your appointment (or reappointment).
member of your immediate family, a (3) You may ask for forms if you
business partner, or an organization of need them. Normally, however, they
which you are or may become a part will be provided to you automatically,
has a financial interest. You will not with instructions.
violate this restriction with respect to (d) Political activity (Hatch Act)
proposals and awards as long as you (§ 684.13). The Hatch Act prohibits
follow the instructions provided in you from being involved in an election
paragraph (b) of this section. campaign or in political party activity
(h) Use of inside information on any day when you work for the
($ 684.17). If your work for the GovGovernment.
ernment gives you access to informa(e) Representational restrictions and involvement with proposals and
tion not generally available to the
public, you must not use that informaawards during and after NSF service
tion for your private benefit or make ($ 684.14). (1) You must never represent any private party in dealings with
it available for the private benefit of any Federal official on any proposal,
any other person or organization. project, or other matter if you have
(i) Effect of simplified wording. The been personally involved with that
wording of the requirements as prematter at or for the NSF.
sented in these regulations has been (2) If you have been employed with
simplified substantially from the the NSF more than sixty days a year,
wording of underlying statutes and you must not represent anyone in
other authorities, so that they will be dealings with any NSF official during
easier to understand. Your initial inyour NSF service and for one year
terpretation should be conservative. If thereafter on any proposal, project, or
in doubt on the meaning of terms or other matter involving specific parties.
otherwise troubled, consult an ethics
counselor in the Office of the General General effect: These restrictions do
Counsel. not preclude you from preparing a proposal for your institution, from
(j) General standards of conduct. serving as principal investigator under
You are also responsible for being faan NSF proposal or award, from other
miliar with general standards of conwise working under an NSF award, or
duct described in § 680.18 of this chapfrom receiving compensation or ex
ter and for observing them. penses out of an NSF award. If you are a member of the National Science
8 684.12 Financial disclosure. Board, however, see 8 684.22.
(a) Unless you are required under (f) Compensation (8 684.15). (1) paragraph (b) of this section to file While you are an NSF "special em public Financial Disclosure Reports, ployee" you must not seek or accept you must file a confidential Statement (except from the Government) any of Employment and Financial Intercompensation for services by you or ests at the time of your appointment anyone else in relation to any matter (and of any reappointment). The Perinvolving specific parties if you have sonnel Office automatically supplies been personally involved for the Gov. you with the necessary forms, and you ernment.
file the Statement there. (2) If you have been employed with (b) High-ranking “special employthe NSF for more than sixty days in ees” who work more than sixty days a the last 365, you must not seek or year. If you are compensated as a accept (except from the Government) "special employee" at a rate at or