1450.735-26 Misuse of information. Indebtedness. impartiality, and conduct by Government employees and special Government employees is essential to assure the proper performance of the Government business and the maintenance of confidence by citizens in their Government. The avoidence of misconduct and conflicts of interest on the part of Government employees and special Government employees through informed judgment is indispensable to the maintenance of these standards. To accord with these concepts, this part prescribes standards of conduct and responsibilities of employees and special Government employees, and governs statements reporting employment and financial interests of such employees. 1450.735-1 Purpose. The maintenance of unusually high standards of honesty, integrity, 1450.735-2 Definitions.-As used in this part: (a) "Board" means The Renegotiation Board, including the regional boards, except when the context indicates otherwise. (b) "Employee" means a member or employee of the Board, but does not include a special Government employee. (c) "Executive order" means Executive Order No. 11222 of May 8, 1965. (d) "Person" means an individual, a corporation, a company, an association, a firm, a partnership, a society, a joint stock company, or any other organization or institution. (e) "Special Government employee” means a "special Government employee" as defined in section 202 of Title 18 of the United States Code, such as a consultant, expert, etc., who is employed by the Board. 1450.735-3 Interpretation and advisory service. (a) The Board shall designate a counselor for the Board, who shall also serve as the designee of the Board to the Civil Service Commission, on matters covered by this part. Such counselor shall be responsible for coordination of the Board's counseling services provided under this section, and for assuring that counseling and interpretations on questions of conflicts of interest and other matters covered by this part are available to deputy counselors designated under paragraph (b) of this section. (b) The Board shall designate a deputy counselor for the headquarters office of the Board and for each regional board. Such deputy 11 counselors shall give advice and guidance to each employee or special Government employee in their respective locations who seeks advice and guidance on questions of conflicts of interest or other matters covered by this part. The deputy counselors shall report to the counselor at such times and in such manner as the counselor shall prescribe. (c) Employees and special Government employees are strongly urged to feel free to seek advice and guidance from the appropriate deputy counselor on questions of conflicts of interest and other matters covered by this part, so that the requirements of proper conduct may be fully understood and observed at all times. (d) Counseling service shall be available to employees and special Government employees during the hours of business of the Board, or a regional board, upon request to the appropriate deputy counselor. 1450.735-4 Reviewing statements and reporting conflicts of interest.—(a) Statements of employment and financial interests of each employee and special Government employee, submitted under Subpart D of this part, shall be submitted to the counselor designated pursuant to section 1450.735-3 (a), who shall review such statements for conflicts of interest or apparent conflicts of interest. (b) When a statement submitted under Subpart D of this part, or information from other sources, indicates in the judgment of the counselor a conflict between the interests of an employee or special Government employee and the performance of his services for the Board, the counselor, or at his request the appropriate deputy counselor, shall consult with such employee or special Government employee, and when necessary with his superior, in a effort to resolve the conflict or appearance of conflict by any of the methods described in subparagraphs (1), (2), and (3) of § 1450.735-5 (c). If the matter is not resolved to the satisfaction of the counselor, the information concerning the conflict or appearance of conflict shall be reported to the Board by the counselor for disciplinary or other remedial action pursuant to the provisions of § 1450.735-5. In the latter event, written notice of such referral to the Board shall be given by the counselor to the affected employee or special Government employee. Such notice shall include advice that such employee or special Government employee will be provided an opportunity to explain to the Board the conflict or appearance of conflict. 1450.735-5 Disciplinary and other remedial action. (a) Any violation of the regulations in this part, by an employee or special Government employee, may be cause for disciplinary action, which may be in addtion to any penalty prescribed by law. (b) When, after consideration of the explanation of the employee or special Government employee provided by § 1450.735-4 (b), the Board decides that remedial action is required, the Board will take immediate action to end the conflicts or appearance of conflicts of interest. (c) Remedial action under paragraph (a) or (b) of this section may include, but is not limited to: (1) Changes in assigned duties; (2) Divestment by the employee or special Government employee of his conflicting inter est; (3) Disqualification for a particular assignment; or (4) Disciplinary action. Remedial action, whether disciplinary or otherwise, will be effected in accordance with any applicable laws, Executive orders, and regulations. 1450.735-6 Notice to employees. Within twenty (20) days after the effective date of the regulations in this part, or of any amendment thereto, each employee and special Government employee shall be provided with a copy of this part, or of such amendment. Each new employee or special Government employee appointed thereafter shall be provided with a copy of this part, and all amendments thereto, at the time of his entrance on duty. At least semiannually, the regulations in this part shall be brought to the attention of all employees and special Government employees, each of whom shall be required at each such time to execute a statement in form as follows: I have read and I understand the provisions of Part 1450 of the Renegotiation Board Regulations, and I agree to abide thereby as long as I remain an employee of The Renegotiation Board. It shall be the responsibility of the Director, Office of Administration, to carry out the provisions of this section. (3-15-66) SUBPART B-ETHICAL AND OTHER CONDUCT AND RESPONSIBILITIES OF EMPLOYEES - 1450.735-21 Gifts, entertainment, and favors. (a) Except as provided in paragraph (b) of this section, an employee shall not solicit, or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan, or any other thing of monetary value, from a person who: (1) Has, or is seeking to obtain, contractual or other business or financial relations with the Board; (2) Conducts operations or activities that are within the scope of the Renegotiation Act of 1951, as amended; or (3) Has interests that may be substantially affected by the performance or nonperformance of the employee's official duty. (b) There are excepted from the prohibitions contained in paragraph (a) of this section: (1) Transactions governed by obvious family or personal relationships (such as those between the parents, children, or spouse of the employee and the employee) when the circumstances make it clear that it is those relationships rather than the business of the persons concerned which are the motivating factors; (2) Acceptance of food and refreshments of nominal value on infrequent occasions in the ordinary course of a luncheon or dinner meeting or on an inspection tour where an employee may properly be in attendance; (3) Acceptance of loans from banks or other financial institutions on customary terms to finance proper and usual activities of employees, such as home mortgage loans; and (4) Acceptance of unsolicited advertising or promotional material, such as pens, pencils, note pads, calendars, and other items of nominal intrinsic value. (c) An employee shall avoid any action, whether or not specifically prohibited by this subpart, which might result in, or create the appearance of: (1) Using public office for private gain; son; (3) Impeding Government efficiency or econ omy; (5) Making a Government decision outside official channels; or (4) Losing complete independence or impartiality; (6) Affecting adversely the confidence of the public in the integrity of the Board or the Gov ernment. (d) An employee shall not solicit contributions from another employee for a gift to an employee in a superior official position. An employee in a superior official position shall not accept a gift presented as a contribution from employees receiving less salary than himself. An employee shall not make a donation as a gift to an employee in a superior official position (5 U.S.C. 113). (e) An employee shall not accept a gift, present, decoration, or other thing from a foreign government unless authorized by Congress as provided by the Constitution and in 5 U.S.C. 114-115a. 1450.735-22 Outside employment.—(a) An employee shall not engage in, or conduct negotiations or arrangements for, outside employment or other outside activity not compatible with the full and proper discharge of the duties and responsibilities of his employment with the Board. Incompatible activities include but are not limited to: (1) Acceptance of a fee, compensation, gift, payment of expense, or any other thing of monetary value in circumstances in which acceptance may result in, or create the appearance of, conflicts of interest; or (2) Outside employment which tends to impair his mental or physical capacity to perform his duties and responsibilities as an employee in an acceptable manner. (b) An employee shall not receive any salary or anything of monetary value from a private source as compensation for his services to the Government (18 U.S.C. 209). (c) Employees are encouraged to engage in teaching, lecturing, and writing that is not prohibited by law, the Executive order, the Civil Service Regulations, or this part. However, an employee shall not, either for or without compensation, engage in teaching, lecturing, or writing that is dependent on information obtained as a result of his employment by the Board, except when that information has been made available to the general public or will be made available on request, or when the Board 13 gives written authorization for the use of nonpublic information on the basis that the use is in the public interest. In addition, a member of the Board, covered by section 401 (a) of the Executive order, shall not receive compensation or anything of monetary value for any consultation, lecture, discussion, writing, or appearance the subject matter of which is devoted substantially to the responsibilities, programs, or operations of the Board, or which draws substantially on official data or ideas which have not become part of the body of public information. (d) An employee shall not engage in outside employment under a State or local government, except in accordance with Part 734 of the Civil Service Regulations (5 CFR, Part 734). (e) This section does not preclude an employee from: (1) Receipt of bona fide reimbursement, unless prohibited by law, for actual expenses for travel and such other necessary subsistence as is compatible with this part for which no Government payment or reimbursement is made. However, an employee may not be reimbursed, and payment may not be made on his behalf, for excessive personal living expenses, gifts, entertainment, or other personal benefits. (2) Participation in the activities of national or state political parties not proscribed by law. (3) Participation in the affairs of or acceptance of an award for a meritorious public contribution or achievement given by a charitable, religious, professional, social, fraternal, nonprofit educational and recreational public service, or civic organization. 1450.735-23 Financial interests. (a) An employee shall not: (1) Have a direct or indirect financial interest that conflicts substantially, or appears to conflict substantially, with his duties and responsibilities as an employee; or (2) Engage in, directly or indirectly, a financial transaction as a result of, or primarily relying on, information obtained through his employment with the Board. (b) This section does not preclude an employee from having a financial interest or engaging in financial transactions to the same extent as a private citizen not employed by the Government so long as it is not prohibited by law, the Executive order, Part 735 of the Civil Service Regulations (5 CFR, Part 735), or this 1450.735-24 Use of Government prop- 1450.735-25 Misuse of information.--For the purpose of furthering a private interest, an employee shall not, except as provided in § 1450.735-22(c), directly or indirectly use, or allow the use of, official information obtained through or in connection with his employment by the Board which is not available to the general public. 1450.735-26 Indebtedness.-An employee shall pay each just financial obligation in a proper and timely manner. For the purpose of this section, a "just financial obligation” means one acknowledged by the employee, or reduced to judgment by a court, or imposed by law, such as Federal, State, or local taxes; and in a proper and timely manner" means in a manner which the Board, if consulted, determines does not, under the circumstances, reflect adversely on the Government as his employer. In the event of dispute between an employee and an alleged creditor, this section does not require the Board to determine the validity or amount of the disputed debt. 1450.735-27 Gambling, betting, and lotteries. An employee shall not participate, while on Government-owned or -leased property or while on duty for the Government, in any gambling activity including the operation of a gambling device, in conducting a lottery or pool, in a game for money or property, or in selling or purchasing a numbers slip or ticket. However, this section does not preclude activities under section 3 of Executive Order 10927 (relating to fund raising) or Board-approved activities of a similar nature. 1450.735-28 General conduct; conduct prejudicial to the Government. (a) Every employee shall conduct himself in such a manner that the work of the Board is effectively accomplished, observing at all times the require ments of courtesy, consideration and promptness in dealing with representatives of other Departments and Agencies, contractor representatives, and the general public. (b) An employee shall not engage in criminal, infamous, dishonest, immoral or notoriously disgraceful conduct, or other conduct prejudicial to the Government. 1450.735-29 Miscellaneous statutory provisions. In addition to the regulations in this part and Part 1480 of this subchapter, each employee shall acquaint himself with each statute that relates to his ethical and other conduct as an employee of the Board and of the Government. The attention of employees is directed to the following statutory provisions: (a) Section 113 of the Renegotiation Act of 1951, as amended, relating to the prosecution of claims against the United States (50 U.S.C., App. 1223). (b) The prohibition against disclosure of information in any Federal income tax return (Int. Rev. Code of 1954, Sec. 55 (f) (1), 26 U.S.C. 7312). (c) House Concurrent Resolution 175, 85th Congress, 2d Session, 72 Stat. B12, the "Code of Ethics for Government Service." (d) Chapter 11 of Title 18, United States Code, relating to bribery, graft, and conflicts of interest, as appropriate to the employees concerned. (e) The prohibition against lobbying with appropriated funds (18 U.S.C. 1913). (f) The prohibitions against disloyalty and striking (5 U.S.C. 118p, 118r). (g) The prohibition against the employment of a member of a Communist organization (50 U.S.C. 784). (h) The prohibitions against (1) the disclosure of classified information (18 U.S.C. 798, 50 U.S.C. 783); and (2) the disclosure of confidential information (18 U.S.C. 1905). (i) The provision relating to the habitual use of intoxicants to excess (5 U.S.C. 640). (j) The prohibition against the misuse of a Government vehicle (5 U.S.C. 78c). (k) The prohibition against the misuse of the franking privilege (18 U.S.C. 1719). (1) The prohibition against the use of deceit in an examination or personnel action in connection with Government employment (5 U.S.C. 637). (m) The prohibition against fraud or false statements in a Government matter (18 U.S.C. 1001). (n) The prohibition against removing, concealing, mutilating or destroying a public record (18 U.S.C. 2071). (0) The prohibition against counterfeiting and forging transportation requests (18 U.S.C. 508). (p) 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). (q) The prohibition against unauthorized use of documents relating to claims from or by the Government (18 U.S.C. 285). (r) The prohibition against proscribed political activities--The Hatch Act (5 U.S.C. 118i), and 18 U.S.C. 602, 603, 607, and 608. SUBPART C-ETHICAL AND OTHER CONDUCT AND RESPONSIBILITIES OF SPECIAL GOVERNMENT EMPLOYEES 1450.735-31 Use of Board employment.-A special Government employee shall not use his employment by the Board 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. 1450.735-32 Use of inside information.(a) A special Government employee shall not use inside information obtained as a result of his employment by the Board 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 Board authority which has not become part of the body of public information. (b) Special Government employees may teach, lecture, or write in a manner not inconsistent with the provisions of § 1450.735-22 (c) in regard to employees. 1450.735-33 Coercion.-A special Government employee shall not use his employment by 15 |