Part

PART 2300-EMPLOYEE RESPONSIBILITIES AND CONDUCT

Sec.

2300.735-101 Adoption of regulations. 2300.735-102 Review of statements of employment and financial

interest.

2300.735-103 Disciplinary and other remedial action. 2300.735-104 Gifts, entertainment, and favors.

2300.735-105 Outside employment and other activity.

2300.735-106 Specific provisions of Commission regulations governing Government em

2300.735-108 2300.735-109

special

ployees.

2300.735-107 Statements of employment and financial interest. Supplementary statements. Commission regulations governing statements of employment and financial interest of special Government employees.

2300.735-110 Statutory and miscellaneous provisions.

AUTHORITY: The provisions of this Part 2300 issued under E.O. 11222; 3 CFR, 19641965 Comp.; 5 CFR 735.101 et seq.

SOURCE: The provisions of this Part 2300 appear at 34 F.R. 2479, Feb. 21, 1969, unless otherwise noted.

§ 2300.735-101 Adoption of Regulations.

Pursuant to 5 CFR 735.104(f), the National Commission on Product Safety (referred to hereinafter as the Commission) hereby adopts the following sections of Part 735 of Title 5, Code of Federal Regulations: §§ 735.101, 735.102, 735.201a, 735.202 (a), (d), (e), (f), 735.210, 735.302, 735.303 (a), 735.304,

134 F.R. 2479, Feb. 21, 1969.

735.305(a), 735.403(a), 735.404, 735.405, 735.407-735.411, 735.412 (b), and (d). These adopted sections are modified and supplemented as set forth in this part. § 2300.734-102 Review of statements of employment and financial interest.

Each statement of employment and financial interest submitted under this part shall be reviewed by the Executive Director of the Commission. When this review indicates a conflict between the interests of an employee or special Government employee of the Commission and the performance of his services for the Government, the Executive Director shall have the indicated conflict brought to the attention of the employee or special Government employee, grant the employee or special Government employee an opportunity to explain the indicated conflict, and attempt to resolve the indicated conflict. If the indicated conflict cannot be resolved, the Executive Director shall forward a written report on the indicated conflict to the Chairman of the Commission, through the counselor for the agency designated under 5 CFR 735.105(a), who shall take action pursuant to § 2300.735-103 as he deems appropriate.

§ 2300.735-103 Disciplinary and other remedial action.

An employee or special Government employee of the Commission who violates any of the regulations herein or those adopted under § 2300.735-101 may be disciplined. The disciplinary action may be in addition to any penalty prescribed by law for the violation. In addition to or in lieu of disciplinary action, remedial action to end conflicts or appearance of

conflicts of interest may include but is not limited to:

(1) Changes in assigned duties;

(2) Divestment by the employee or special Government employee of his conflicting interest; or

(3) Disqualification for a particular assignment.

§ 2300.735-104 Gifts, entertainment, and favors.

The Commission authorizes the exceptions to 5 CFR 735.202(a) set forth in 5 CFR 735.202(b) (1)-(4). No other exceptions are authorized.

§ 2300.735-105 Outside employment and other activity.

(a) An employee of the Commission may engage in outside employment or other outside activity not incompatible with the full and proper discharge of the duties and responsibilities of his Government employment as set forth in § 735.203 of this title adopted by $2300.735-101. An employee who desires to engage in outside employment shall obtain approval in advance of such employment from the Executive Director of the Commission.

§ 2300.735-106 Specific provisions of Commission regulations governing special Government employees.

(a) Special Government employees of the Commission shall adhere to the standards of conduct applicable to employees as set forth in these regulations and adopted under § 2300.735-101, except that special Government employees need not obtain approval in advance of outside employment as required by § 2300.735-105 hereof.

(b) Special Government employees of the Commission may teach, lecture, or write in a manner not inconsistent with 5 CFR 735.203(c).

(c) Pursuant to 5 CFR 735.305 (b), the Commission authorizes the same exceptions concerning gifts, entertainments, and favors for special Government employees as are authorized for employees by section 2300.735-104.

§ 2300.735-107 Statements of employment and financial interest.

(a) In addition to the employees required to submit statements of employment and financial interest under 5 CFR 735.403 (a), employees in the following positions in grade GS-13 and above shall submit statements of employment and financial interest:

Notwithstanding the filing of the annual supplementary statement required by 5 CFR 735.406, each employee shall at all times avoid acquiring a financial interest that could result, or taking an action that would result, in a violation of the conflicts-of-interest provisions of section 208 of title 18, United States Code, these regulations, or the regulations adopted under § 2300.735-101.

§ 2300.735-109 Commission regulations governing statements of employment and financial interest of special Government employees.

All special Government employees of the Commission are required to submit statements of employment and financial interest.

§ 2300.735-110 Statutory and miscellaneous provisions.

(a) Pursuant to Public Law 90-146 no employee or special Government employee of the Commission's staff shall disclose data or information relating to the business transactions, trade secrets, or names of customers of any person, corporation or organization that is received pursuant to the conduct of any study or investigation of this Commission.

(b) No employee or special Government employee shall disclose any information concerning the safety, hazards, or quality of products or procedures of any person, corporation, or organization which has been received in confidence pursuant to the conduct of any study or investigation of this Commission unless such information has been released officially to the public by the Commission or unless such release has been authorized by the Commission.

Part

2400 Organization.

2401 Availability of official information.

Sec.

PART 2401-AVAILABILITY OF OFFICIAL INFORMATION

2401.1 Place where information may be obtained.

2401.2 2401.3

Time for obtaining information. Identification of information requested. 2401.4 Information available for public inspection and copying. Information

disclosure.

2401.5 2401.6 Index of material available to public. 2401.7 Service charges for information, 2401.8 Compliance with subpoenas.

exempt from public

AUTHORITY: The provisions of this Part 2401 issued under 5 U.S.C. 552; E.O. 11491, 34 F.R. 17605, 3 CFR 191, 1969 Comp.

SOURCE: The provisions of this Part 2401 appear at 36 F.R. 1189, Jan. 26, 1971, unless otherwise noted.

§ 2401.1 Place where information may be obtained.

(a) Federal Labor Relations Council. Requests for information, including materials available for public inspection and copying, should be submitted to the Executive Director of the Federal Labor Relations Council, 1900 E Street NW., Washington, DC 20415.

(b) Federal Service Impasses Panel. Requests for information, including materials available for public inspection and copying, should be submitted to the Executive Secretary of the Federal Service Impasses Panel, 1900 E Street NW., Washington, DC 20415.

§ 2401.4

Information available for public inspection and copying.

(a) Federal Labor Relations Council. (1) The Executive Director shall make available for public inspection and copying final decisions and orders of the Federal Labor Relations Council, statements of policy and interpretations which have been adopted by the Council and are not published in the FEDERAL REGISTER, and administrative staff manuals and instructions to staff that affect a member of the public. To the extent required to prevent a clearly unwarranted invasion of personal privacy, identifying details may be deleted and, in each case, the justification for the deletion shall be fully explained in writing.

(2) The Executive Director shall also make promptly available for public inspection and copying, upon request by any person, other identifiable records of the Council.

(b) Federal Service Impasses Panel. (1) The Executive Secretary shall make available for public inspection and copying authorizations and directions by the Federal Service Impasses Panel of third-party factfinding and arbitration, final decisions and orders of the Panel, statements of policy and interpretations which have been adopted by the Panel and are not published in the FEDERAL REGISTER, and administrative staff manuals and instructions to staff that affect a member of the public. To the extent required to prevent a clearly unwarranted invasion of personal privacy, identifying details may be deleted and, in each case, the justification for the deletion shall be fully explained in writing.

(2) The Executive Secretary shall also make promptly available for public inspection and copying, upon request by any person, other identifiable records of the Panel.

(a) A member of the public shall be furnished free of charge a reasonable quantity of information that has been printed or is otherwise available for free public consumption.

(b) A member of the public shall be furnished free of charge other information that is requested and is not exempted from disclosure when the information is available and can be furnished without cost or at nominal cost to the Council or the Panel.

(c) When a request for information not provided under paragraph (a) or (b) of this section is received, a copy of it shall be furnished at a fair and equitable fee if it is available to the public. In determining the fair and equitable fee under this paragraph, the Executive Director of the Federal Labor Relations Council shall ascertain all costs necessary to recover the full cost to the Government including, but not limited to, costs of employee services relating to research, reproduction, assembly, and authentica

tion. The fee will be based on these costs. The Executive Director shall not undertake to furnish copies of information under this paragraph until the fee for the information is paid, except when the fee cannot be determined in advance in which case an estimated fee shall be paid with appropriate adjustment at time of delivery. A fee shall be paid by check or money order payable to the U.S. Treasury.

§ 2401.8 Compliance with subpoenas.

No member of the Council or the Panel, or other officer or employee of the Council or the Panel, shall produce or present any files, documents, reports, memoranda, or records of the Council or the Panel or testify in behalf of any party to any cause pending in any arbitration or in any court or before the Council or the Panel, or any other board, commission, or administrative agency of the United States, territory, or the District of Columbia with respect to any information, facts, or other matter to his knowledge in his official capacity or with respect to the contents of any files, documents, reports, memoranda, or records of the Council or the Panel, whether in answer to a subpoena, subpoena duces tecum, or otherwise, without the written consent of the Council or the Panel, as the case may be, Whenever any subpoena, the purpose for which is to adduce testimony or require the production of records as described above, shall have been served on any member or other officer or employee of the Council or the Panel, he will, unless otherwise expressly directed by the Council or the Panel, as the case may be, move pursuant to the applicable procedure to have such subpoena invalidated on the ground that the evidence sought is privileged against disclosure by this rule.