authorized by Veterans Administration management. (0) Reporting serious irregularities and criminal acts. Employees are responsible for reporting to department, staff office, or field station heads (or directly to the Administrator, if they think their interests would otherwise be endangered) any evidence or information that gives them reasonable cause to suspect that a serious irregularity or criminal act, such as abuse of a patient, or fraud, or theft or other criminal violation may have occurred in an activity of the Veterans Administration. Violations of personnel laws or rules may be reported directly to the Director, Investigation and Security Service when the matter is not appropriate for the grievance or appeals procedure. Employees who furnish such evidence as information to any of the above officials on the basis of reasonable grounds shall not be penalized in any way for doing so. They will also be assured that appropriate inquiry will be made. (p) Insuring citizen privacy. An employee may not collect or maintain information about any citizen (including where applicable, employees, applicants, patients, etc.) dealing with the Veterans Administration unless such information is relevant and necessary to the official purpose for which it was collected. No information which has been collected concerning a citizen may be disseminated except in the performance of official duty. [31 FR 5828, Apr. 15, 1966, as amended at 33 FR 3173, Feb. 20, 1968; 33 FR 18375, Dec. 11, 1968; 40 FR 46286, Oct. 6, 1975] § 0.735-22 Other conflict of interest restrictions. Under Pub. L. 87-849 (18 U.S.C. 201218), employees are subject to the following additional conflict of interest restrictions: (a) Employees are prohibited, except in the discharge of their official duties, from representing anyone before a court or Government agency in a matter in which the United States is a party or has an interest, whether or not they are paid for such representation (18 U.S.C. 203 and 205). This does not preclude: (1) Representing another employee, without compensation, who is the subject of disciplinary, loyalty, or other personnel administration proceedings, provided such representation is not inconsistent with the faithful performance of duties; (2) Giving testimony under oath or making statements required to be made under penalty for perjury or contempt; (3) Representing with or without compensation a parent, spouse, child, or person or estate to whom employees serve as fiduciary, with the approval of the official responsible for appointments of their position, and if the matter involved is neither one participated in personally or substantially nor one under the employees' responsibility. (b) Employees are prohibited from participating in the course of their official duties in any matter in which they, their spouse, minor child, or any person or organization with whom they have an official business connection or are negotiating for employment, has a financial interest, unless they make full disclosure in advance and obtain written determination in accordance with 18 U.S.C. 208 (b)(1). (c) Employees are prohibited, when they leave Federal employment, from representing anyone other than the United States in connection with a matter connected with their former duties or official responsibilities in which the United States is a party or has an interest: (1) Indefinitely if the matter was one in which they participated personally or substantially for the Federal Government (18 U.S.C. 207(a)); or (2) For 1 year if the matter was merely within your official responsibility within the last year of your Federal service (18 U.S.C. 207(b)). [40 FR 46287, Oct. 6, 1975] 8 0.735-23 Miscellaneous statutory provisions. Employees shall acquaint themselves with each statute that relates to their ethical and other conduct as an employee of the Veterans Administration and of the Government, as follows: (a) Statutory provisions pertaining to the Veterans Administration. The requirement that officers or employees of the Veterans Administration be dismissed for owning any interest in, or receiving any wages, salary, dividends, profits, gratuities or services from, any educational institution operated for profit, in which an eligible person or veteran is pursuing a course of education under 38 U.S.C. chs. 34, 35, or 36, unless waiver is obtained from the Administrator after a hearing (38 U.S.C. 1783). (b) Statutory provisions pertaining to the Government generally. (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 prohibition against disloyalty and striking (5 U.S.C. 7311; 18 U.S.C. 1918). (5) The prohibition against the employment of a member of a Communist organization (50 U.S.C. 784). (6) The prohibition against: (i) The disclosure of classified information (18 U.S.C. 798, 50 U.S.C. 783); and (ii) The disclosure of confidential information (18 U.S.C. 1905). (7) The provision against appointment or retention of persons who habitually use intoxicating beverages to excess (5 U.S.C. 7352). (8) The prohibition against the misuse of a Government vehicle, such as for unofficial purposes (31 U.S.C. 638a(c)). (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 (18 U.S.C. 1917). (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: (i) Embezzlement of Government money or property (18 U.S.C. 641); (ii) Failing 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). (15) The prohibition against unauthorized use of documents relating to claims from or by the Government (18 U.S.C. 285). (16) The prohibitions against 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). [31 FR 5828, Apr. 15, 1966, as amended at 33 FR 3174, Feb. 20, 1968; 33 FR 18375, Dec. 11, 1968; 40 FR 46287, Oct. 6, 1975] Subpart C-Standards of Ethical Conduct and Related Responsibilities of Special Government Employees 8 0.735-50 General requirements. Each Veterans Administration special Government employee (see definition in § 0.735-2(b)) is subject to the same general requirements as other employees (§ 0.735-10). § 0.735-51 Use of Government employment. A special Government employee shall not use his Government employment for a purpose that is, or gives the appearance of being, motivated by the desire for private gain for himself or another person, particularly one with whom he has family, business, or financial ties. 8 0.735-52 Use of inside information. (a) A special Government employee shall not use inside information obtained as a result of his Government employment for private gain for himself or another person either by direct action on his part or by counsel, recommendation, or suggestion to another person, particularly one with whom he has family, business, or financial ties. For the purpose of this section, "inside information" means information obtained under Government authority which has not become part of the body of public information. (b) Section 0.735-12(c)(1) on the use of inside information in teaching, lecturing or writing is equally applicable to special Government employees. Except as provided in § 0.735-11(b), a special Government employee, while so employed or in connection with his employment, shall not receive or solicit from a person (individual, corporation, company, association, firm, partnership, society, joint stock company, or any other organization or institution) having business with the Veterans Administration, anything of value as a gift, gratuity, loan, entertainment, or favor for himself or another person, business, or organization, particularly one with whom he has family, business, or financial ties. § 0.735-55 Other conflict of interest restrictions. Under Pub. L. 87-849 (18 U.S.C. 201218) special Government employees are subject to the following additional conflict of interest restrictions: (a) A special Government employee is prohibited, except in the discharge of his official duties, from representing any other person before a court or Government agency, with or without compensation, in a matter involving a specific party or parties in which the United States is a party or has a direct and substantial interest, but only if he has at any time participated in the matter personally and substantially in the course of his Government employment. (b) A special Government employee may not, except in the discharge of his official duties, represent any other person, with or without compensation, in a matter involving a specific party or parties in which the United States is a party or has a direct and substantial interest and which is pending before the agency he serves, if he has served over 60 days during the past 365, and whether or not he has ever participated in the matter personally and substantially. (c) Restrictions in paragraphs (a) and (b) of this section do not preclude: (1) Representation of another employee, without compensation, who is the subject of disciplinary, loyalty, or other personnel administration proceedings, provided such representation is not inconsistent with the faithful performance of his duties; (2) Giving testimony under oath or making statements required to be made under penalty for perjury or contempt; (3) Representing with or without compensation, a parent, spouse, child, or person or estate he serves as fiduciary, with the approval of the official responsible for appointments to the representatives position, if the matter involved is neither one participated in personally or substantially nor one under his official responsibility; (4) Acting as agent or attorney for another person in the performance of work under a grant by, or a contract with or for the benefit of the United States, provided that the head of the department or agency concerned with the grant or contract shall certify in writing that the national interest so requires. (Such certification shall be submitted for publication in the FEDERAL REGISTER.) (d) A special Government employee is prohibited from participating in the course of his official duties in any matter in which he, his spouse, minor child, or any person or organization with whom he has an official business connection or is negotiating for employment, has a financial interest, unless: (1) He makes full disclosure in advance and obtains written determination in accordance with 18 U.S.C. 208(b)(1). (e) A special Government employee, when he leaves Federal employment, is prohibited from representing anyone other than the United States in connection with a matter in which the United States is a party or has an interest: (1) Indefinitely if the matter was one in which he participated personally and substantially for the Federal Government (18 U.S.C. 207(a)) or, (2) For 1 year if the matter was merely within his official responsibility within the last year of his Federal service (18 U.S.C. 207(b)). [31 FR 5828, Apr. 15, 1966, as amended at 33 FR 3174, Feb. 20, 1968] § 0.735-56 Miscellaneous statutory provisions. Each special Government employee shall acquaint himself with each statute that relates to his ethical and other conduct as a special Government employee of the Veterans Administration and of the Government. The statutory provisions listed in § 0.735-23 are applicable to special Government employees. § 0.735-57 Other standards of conduct. A special Government employee is subject to any of the other requirements of §§ 0.735-11-0.735-23 not mentioned in this subpart, except where his duties or employment arrangements for the Veterans Administration are such that an individual regulation is not applicable. [33 FR 18376, Dec. 11, 1968] Subpart D-Statements of Employment and Financial Interests $ 0.735-70 Purpose of statements of interests. Statements of employment and financial interests are required from certain employees and special Government employees so that management may determine if conflicts of interest, or the appearance of conflicts of interest, exist between outside activities or interests and responsibilities to the Veterans Administration, and so that suitable remedial action can be taken. § 0.735-71 Employee's complaint on filing requirement. An employee is entitled to a review through Veterans Administration grievance procedures of his complaint that his position has been improperly included in this part as one requiring the submission of a statement of employment and financial interests. [33 FR 3174, Feb. 20, 1968] $ 0.735-72 Form and content of statements. (a) Statements of employment and financial interests required of employees and special Government employees shall contain the information required by the separate formats prescribed for each by the Civil Service Commission in the Federal Personnel Manual (Chapter 735, Appendix D). (b) Deposits in savings and loan institutions and credit unions are not required to be reported in the financial statement. [33 FR 3174, Feb. 20, 1968] § 0.735-73 Employees required to submit statements. Except as indicated in § 0.735-74, statements of employment and financial interests are required under this part from the following employees: (a) Employees paid at a level of the Executive Schedule in Subchapter II of Chapter 53 of Title 5, United States Code. (b) Employees classified at GS-13 or above under Section 5332 of Title 5, United States Code, or at a comparable pay level under another authority, who are in positions identified in this part as positions the incumbents of which are responsible for making a Government decision or taking a Government action in regard to: (1) Contracting or procurement; (2) Administering or monitoring grants or subsidies; (3) Regulating or auditing private or other non-Federal enterprise; or (4) Other activities where the decision or action has an economic impact on the interests of any non-Federal enterprise. (c) Employees classified at GS-13 or above under Section 5332 of Title 5, United States Code, or at a comparable pay level under another authority, who are in positions identified in this part as positions which the Veterans Administration has determined have duties and responsibilities which require the incumbent to report employment and financial interests in order to avoid involvement in a possible conflicts-of-interest situation and carry out the purpose of law, Executive order, 5 CFR Part 735, and this part. (d) Employees classified below GS13 under Section 5332 of Title 5, United States Code, or at a comparable pay level under another authority, who are in positions which otherwise meet the criteria in paragraph (b) or (c) of this section when the inclusion of the positions in this part has been specifically justified by the Veterans Administration in writing to the Civil Service Commission as an exception that is essential to protect the integrity of the Government and avoid employee involvement in a possible conflicts-of-interest situation. (e) The following positions, which are classified at GS-13 or above except as otherwise indicated, are considered to meet the criteria of paragraph (a), (b), (c) or (d) of this section and have not been excluded under § 0.735-74; all appointees to these positions must file statements of employment and financial interests, except where an individual position in an included category may be exempted under § 0.735-74(a): LIST OF POSITIONS REQUIRING FILING OF STATEMENT OF EMPLOYMENT AND FINANCIAL INTERESTS Deputy Administrator. Associate Deputy Administrator. Assistant Deputy Administrator. Chief Medical Director. Assistant Manager, Administrative Services, Central Office. Director, Central Office Building and Supply Service. Assistant Director, Central Office Building and Supply Service. Director, Central Office Publications Service. Assistant Director, Central Office Publications Service. Deputy Assistant Administrator for Construction. Director, Program Control and Analysis Staff (Construction). Area Projects Directors (Construction). Director of Architecture and Engineering. Director of Planning and Development (Construction). Chairman, Architect-Engineer Evaluation Board (Construction). Utilities Contracting Officer. Director, Research Staff (Construction). All Service Directors in Office of Construction. Resident Engineers (Construction) with au thority to issue change orders, GS-11 and above. Deputy Chief Data Management Director. Director, Field Operations Service (DDM). Chief, Equipment Planning and Evaluation Division (DDM). Center Directors, Department of Data Management. Deputy Chief Medical Director. Executive Assistant to Deputy Chief Medical Director Assistant Chief Medical Director for Policy and Planning Associate Deputy Chief Medical Director for Operations Deputy for Operations Executive Assistant to Chief Medical Director Director, Operations Review and Analysis Staff Director, Resources Staff Director, Regionalization and Sharing Staff Director, Management Support and Facilities Staff Director, Planning Service Assistant Chief Medical Director for Extended Care Director, Health Services Research and Development Service Chief Benefits Director. General Counsel. Chief Data Management Director. Assistant Administrator for Construction. Deputy Assistant Chief Medical Director for Extended Care Assistant Chief Medical Director for Profes sional Services Deputy Assistant Chief Medical Director for Clinical Services Deputy Assistant Chief Medical Director for Clinical Support Services |