Page images

(8) The prohibition against fraud or on any action that would to your false statements in a Government knowledge affect: matter (18 U.S.C. 1001).

(1) The interests of an institution (9) The prohibition against mutilat- with which you, your spouse, a minor ing or destroying a public record (18 child, a blood relative who lives with U.S.C. 2071).

you, or anyone who is legally your (10) The prohibition against coun partner has any of the affiliations terfeiting and forging transportation listed in paragrah (b) of this section, requests (18 U.S.C. 508).

or (11) The prohibitions against embez (2) The interests of an individual zlement of Government money or with whom you, your spouse, a minor property (18 U.S.C. 641), failing to ac

child, a blood relative who lives with count for public money (18 U.S.C.

you, or anyone who is legally your 643), and embezzlement of the money

partner has any of the relationships or property of an employee by reason

listed in paragraph (c) of this action. of his employment (18 U.S.C. 654).

(b) Affiliations with affected institu(12) The prohibition against unau

tions. (1) Ownership of the instituthorized use of documents relating to

tion's stocks, bonds, notes, or other claims from or by the Government (18

evidences of debt (other than through U.S.C. 285).

mutual funds). (13) The prohibition against an employee acting as the agent of a foreign NOTE: Minor or indirect holdings may be principal registered under the Foreign exempted; check with the Chairman. Agents Registration Act (18 U.S.C.

(2) Current employment. 219).

(3) Any formal or informal arrange

ment for future employment. Subpart B-Special Rules of the Na (4) Current appointment as profes

tional Science Board for Board sor, adjunct professor, visiting profesMembers

sor, or the like.

(5) Governing board membership. 8 684.20 Summary.

(6) Chairmanship of any committee As a member of the National Science of the institution that has an interest Board you are covered by rules for in the Board's action. "special employees" described in Sub (7) Any other office (not including part A of this part 684. In addition, ordinary membership in a professional Boara deliberations raise a number of society or association). conflicts issues in a unique context. (8) Current membership on a visiting Moreover, Board members are highly committee or similar body. visible Presidential appointees who

NOTE: Individual waivers of this provision retain private employment and other affiliations. Specifically, many of

may be issued in appropriate circumstances;

contact the Chairman. them are active scientists whose work has been supported by the NSF or (9) Current enrollment as a student other Federal agencies. For these rea in a department or school that has an sons the Board has adopted the fol. interest in the Board's action. lowing specific conflict-of-interests (10) Any other affiliation with the rules for the governance of its mem institution that you think would debers. You should also advise the stroy your objectivity or be seen as Chairman of the Board of any interest doing so by a reasonable person familor affiliation you have or propose to iar with the affiliation. have that could create a significant (c) Relationships with affected zidiappearance of conflict of interests in viduals. (1) Blood or marriage relathe work of the Board.

tionship with a principal investigator.

(2) Any other relationship, such as 8 684.21 Participation in Board delibera

close personal friendship, that you

think might tend to destroy your ob(a) Abstention. You must excuse jectivity or be seen as doing so by a yourself from deliberations and votes reasonable person familiar with the of the Board or any of its committees relationship.



8 684.22 Participation in NSF-supported (b) Existing awards. If you are alprojects.

ready an investigator or consultant

under an NSF award when you (a) Proposals and new awards. You

become a Board member, you may must not be listed as an investigator

continue work under the award in the on any proposal submitted to the NSF

same capacity and may be compensator on any award made by the NSF

ed under the award to the extent eswhile you are on the Board. (Proposals

tablished before your nomination. If pending when you are nominated will

you have been principal investigator be handled case-by-case by the Gener before you become a Board member, al Counsel.) Nor should you receive you and your institution should select any compensation under an award a substitute negotiator. The substitute made by the NSF while you are on the negotiator need not be responsible for Board. You may, however, do work on the work, but should represent the a project supported by such an award project and the institution in deal and may be reimbursed for expenses

with NSF officials on whom you might you incur in doing so.

have undue influence because of your Board position.



Part 701 702

Page 170


[ocr errors]

Organization and functions of the Commission ......
Rules on hearings, reports and meetings of the

Commission ......
Operations and functions of State Advisory Com-

Information disclosure and communications ....
Materials available pursuant to 5 U.S.C. 552a .........
Employee responsibilities and conduct ...........

704 705 706

183 185 191 196



origin or in the administration of jusFUNCTIONS OF THE COMMISSION


(3) To appraise the laws and policies Subpart A-Operations and Functions

of the Federal Government with respect to discrimination or denials of

equal protection of the laws under the 701.1 Establishment

Constitution because of race, color, re701.2 Responsibilities

ligion, sex, age, handicap, or national

origin or in the administration of jusSubpart B-Organization Statement

tice; 701.11 Membership of the Commission (4) To serve as a national clearing. Staff Director

house for information in respect to 701.12 Staff organization

discrimination or denials of equal pro701.13 Regional offices

tection of the laws because of race, AUTHORITY: Secs. 101-106, 71 Stat. 634 color, religion, sex, age, handicap or 636, as amended (42 U.S.C. 1975-1975e). national origin; SOURCE: 44 FR 75148, Dec. 19, 1979, unless

(5) To investigate sworn allegations otherwise noted.

that citizens are being accorded or denied the right to vote in Federal

elections as a result of patterns or Subpart A-Operations and Functions

practices of fraud or discrimination.

(b) Under Section 104(c) of the Act 8 701.1 Establishment.

the Commission is required to: submit The United States Commission on

interim reports to the President and to Civil Rights (hereinafter referred to as the Congress at such times as the the “Commission") is a bipartisan Commission, the Congress, or the agency of the executive branch of the

President shall deem desirable and Government. Established under the submit to the President and the ConCivil Rights Act of 1957, 71 Stat. 634,

gress a final report of its activities, the Commission derives its authority findings, and recommendations not from that Act and from amendments later than the last day of fiscal year to it in the Civil Rights Act of 1960, 74

1983. Stat. 86; in the Civil Rights Act of

(c) In fulfilling these responsibilities 1964, 78 Stat. 241; by 81 Stat. 582 the Commission is authorized by the (1967); by 84 Stat. 1356 (1970); by 86

Act to hold hearings and to issue subStat. 813 (1972); and by the Civil

penas for the production of documents Rights Commission Act of 1978, 92

and the attendance of witnesses; to Stat. 1067. The statutes are codified in consult with governors, attorneys gen42 U.S.C. 1975-1975e. (Hereinafter the

eral, other representatives of State 1957 Act as amended will be referred

and local governments, and private orto as “the Act.”)

ganizations; and is required to estab

lish an advisory Committee in each $ 701.2 Responsibilities.

State. The Act also provides that all (a) The Commission's authority Federal agencies shall cooperate fully under Section 104(a) of the Act may with the Commission so that it may be summarized as follows:

effectively carry out its functions and (1) To investigate allegations in writ duties. ing under oath or affirmation that certain citizens of the United States are

(44 FR 75148, Dec. 19, 1979; 44 FR 76798,

Dec. 23, 1979) being deprived of their right to vote and have that vote counted by reason

Subpart B-Organization Statement of color, race, religion, sex, age, handicap, or national origin; (2) To study and collect information 870

8 701.11 Membership of the Commissionconcerning legal developments consti

Staff Director. tuting discrimination or a denial of (a) The Commission is composed of equal protection of the laws under the six members, not more than three of Constitution because of race, color, re- whom may be of the same political ligion, sex, age, handicap or national party, appointed by the President by

and with the advice and consent of the (b) Office of General Counsel. Under Senate.

the direction of the General Counsel, (b) The Chairman and Vice Chair this office serves as legal counsel to man of the Commission are designated the Commissioners and to the ager by the President, the Vice Chairman plans and conducts hearings for the acting as Chairman in the absence or Commission; conducts legal studies; disability of the Chairman or in the prepares reports of legal studies and event of a vacancy in that office.

hearings; drafts or reviews proposals (c) No vacancy in the Commission

for legislative and executive action affects its powers, and any vacancy is

and reviews all agency publications filled in the same manner and is sub

and congressional testimony for legal ject to the same limitation with re

sufficiency. spect to party affiliations as previous

(c) Office of Management. Under the appointments.

direction of the Assistant Staff Direc(d) Four members of the Commis

tor for Administration, this office is

responsible for all administrative, sion constitute a quorum. (e) A Staff Director for the Commis

management and facilitative services

necessary for the efficient operation sion is appointed by the President

of the agency. Its units, headed by di(after consultation with the Commis

vision directors, include the Adminission) by and with the advice and con

trative Services Division, the Budget sent of the Senate. The Staff Director

and Fiscal Division, the Management is the chief executive officer of the

Analysis Division, the Personnel Diviagency.

sion, the Publications Management Di$ 701.12 Staff Organization.

vision, and the National Clearinghouse

Library Division. The organization of the Commission (d) Office of Program Planning and is established as follows:

Evaluation. Under the direction of the (a) Office of the Staff Director. Assistant Staff Director for Program Under the direction of the Staff Direc- Planning and Evaluation, this office is tor, this office plans the agency's pro responsible for: coordinating the agengrams, directs, supervises, and coordi

cy's program planning process; connates the work of other offices; re

ducting program evaluations to assess ports plans, programs, and activities of

the impact of the Commission's projthe agency to the Commission; man

ects on problems addressed; and coages the administrative affairs of the

ordinating the monthly program reagency and represents the agency in porting system. Its units, headed by relations with the Executive Office of

Division Directors, are the Program the President, the Congress and other Development and Planning Division Federal agencies. Special units report

and the Program Evaluation Division. ing to the Office of the Staff Director

(e) Office of Federal Civil Rights are:

Evaluation. Under the direction of the (1) Equal Employment Opportunity Assistant Staff Director for Federal Unit. Under the direction of the Equal Civil Rights Evaluation, this office is Employment Opportunity Officer, this responsible for: monitoring, evaluating unit is responsible for the agency's and reporting on the civil rights enEEO and affirmative action programs; forcement effort of the Federal Govadvises employees regarding the appli- ernment and forwarding complaints cability of Office of Personnel Man- alleging denials of civil rights to Fedagement and other relevant equal em- eral agencies having appropriate jurisployment opportunity regulations and diction. is responsible for the agency troubled (f) Office of Program and Policy employee program.

Review. Under the direction of the As(2) Solicitor's Unit. Under the direc sistant Staff Director for Program and tion of the Solicitor, this unit is re Policy Review, this office is responsisponsible for administrative law mat- ble for: planning, conducting or stimuters, including contracts, openness in lating studies to advance basic knowlgovernment, government ethics and edge of the extent, causes and consepersonnel.

quences of civil rights denials; prepar

« PreviousContinue »