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(b) Rules are published in the FEDERAL REGISTER and codified in this Title 4 of the Code of Federal Regulations. These rules may be inspected in the Board's offices or purchased from the Superintendent of Documents, Government Printing Office. The published rules include:
(1) Procedural regulations which govern the formal and informal methods whereby persons dealing with the Board can present information to the Board to enable the Board to promulgate rules, regulations, and cost accounting standards and to perform other duties for which it is responsible under section 719 of the Defense Production Act of 1950, as amended (50 U.S.C. App. 2168).
(2) Rules, regulations, and cost accounting standards which prescribe for relevant Federal agencies and for defense contractors and subcontractors various substantive and procedural requirements relating to cost accounting standards for use in connection with defense contracts.
(3) Regulations delegating matters to the Board's staff and describing how the public may deal with the Board in obtaining information.
(4) Board bylaws which govern Board membership, meetings, and formal action by Board vote.
(c) The Board may at its discretion respond to requests for interpretation of its rules, regulations, and cost accounting standards.
§ 301.1 Purpose.
This part together with Part 303, Release of Information, and Part 304, Delegations, of this chapter is published in compliance with Pub. L. 9023, section (a)(1), 5 U.S.C. 552(a)(1), and constitutes a description of the Cost Accounting Standards Board.
§ 301.2 General statement of the Board's
functions. In general, the Board promulgates cost accounting standards designed to achieve uniformity and consistency in the cost accounting practices followed by defense contractors. It also promulgates rules and regulations for the implementation of such standards.
8 301.4 Offices.
The Cost Accounting Standards Board's offices are located in the General Accounting Office Building, 441 G Street NW., Washington, DC 20548. The hours of business for the Board are 8:30 a.m. to 5 p.m., local time, Monday through Friday, excluding holidays observed by the Federal Government in Washington, D.C.
§ 301.3 Methods.
In carrying out its functions, the Cost Accounting Standards Board utilizes the following methods.
(a) The Board employs a staff consisting of various specialists dealing with particular areas of administrative and technical work, who advise the Board and perform duties assigned to them or which have been specifically delegated to them.
8 301.5 Views and comments.
Proposed rules, regulations, or cost accounting standards of the Cost Accounting Standards Board shall be published for comment in the FEDERAL REGISTER. All parties affected thereby shall be afforded a period of not less than 30 days in which to submit to the Board their views and comments on the proposal; but in exceptional cases, the Board may provide for fewer than 30 days for the submission of views and comments. When fewer than 30 days are allowed, the Board notice inviting views and comments shall state the reasons therefor.
8 301.10 Organization and delegation of
authority. The Board, consisting of the Comptroller General of the United States who is the Chairman and four Board members appointed by him for terms of 4 years, acts to carry out the duties and responsibilities of the Cost Accounting Standards Board, established by Pub. L. 91-379, 84 Stat. 796, 50 U.S.C. App. 2166, 2168. The Board's staff of professional, technical, and supporting personnel is directed and supervised by the Executive Secretary. Delegations of authority to the Executive Secretary and other staff members are described in detail in Part 304 of this Title 4.
$ 301.6 Public hearings.
Public hearings to assist the Board in developing its rules, regulations, and cost accounting standards may be held to the extent the Board in its sole discretion deems desirable. Notices of such hearings shall be given by publication in the FEDERAL REGISTER.
8 301.7 Formal submission.
All formal submissions required or permitted to be made to the Board under the rules, regulations, or cost accounting standards should be addressed to the Cost Accounting Standards Board, 441 G Street NW., Washington, DC 20548, in an original and two copies, unless otherwise provided by the rule, regulation, or standard under which submission is made. Where no form requirement is there specified, submission in letter or other reasonable form will be accepted.
$ 301.11 Availability of information and
materials. The Board publishes a regulation in 4 CFR Part 303 concerning the availability for inspection and copying of Board records. That regulation states in detail what information is available, and what and where records may be inspected. Generally speaking, the following records are maintained and available.
(a) Minutes of Board meetings.
(b) Substantive regulations of general applicability and general policy and interpretation of general applicability.
(c) Rules, regulations, and cost accounting standards issued pursuant to section 719 of the Defense Production Act of 1950, as amended, 50 U.S.C. App. 2168.
(d) A record of every Board proceeding including the final votes of each member of the Board participating in the proceeding.
§ 301.8 Final publication.
Any proposed rule, regulation, or cost accounting standard required to be published under section 719(i)(A) of the Defense Production Act of 1950, as amended, 50 U.S.C. App. 2168(i)(A), shall be published in the FEDERAL REGISTER after the Board has considered views and comments submitted pursuant to $ 301.5 and any public hearing held pursuant to $ 301.6.
PART 302-RESPONSIBILITIES AND
8 301.9 Transmittal to the Congress.
Transmittal to the Congress of any proposed rule, regulation, or cost accounting standard as required by section 719(h)(3) of the Defense Production Act of 1950, as amended, 50 U.S.C. App. 2168(h)(3), shall be made simultaneously with final publication of the proposed rule, regulation, or cost accounting standard as provided for in $ 301.8.
Subpart A-General Provisions Sec. 302.1 Purpose. 302.2 Definitions. 302.3 Interpretation and advisory service. 302.4 Compliance. 302.5 Disciplinary and other remedial acSubpart B-Regulation Governing Ethical and
tions. 302.6 Effecting disciplinary and remedial
actions. 302.7 Release of information. 302.8 Distribution of regulation.
Other Conduct and Responsibilities of Board Members
Sec. 302.11 General provisions.
Subpart C-Regulation Governing Ethical and
Other Conduct and Responsibilities of Employees
302.21 General policy on conduct. 302.22 Proscribed actions. 302.23 Gifts, entertainment, and favors. 302.24 Permissible gifts, entertainment,
and favors. 302.25 Gifts to superiors. 302.26 Gifts from foreign governments. 302.27 Reimbursement of travel and living
expenses. 302.28 Indebtedness of employees. 302.29 Reports on indebtedness. 302.30 Gambling, betting, and lotteries. 302.31 Use of Government property. 302.32 Misuse of information. 302.33 Prohibited financial interests. 302.34 Bribery, graft, and conflicts of inter
est. 302.35 Conflicts resulting from assign
ments. 302.36 Disqualification procedure. 302.37 Nondisqualifying interests. 302.38 Outside employment and other ac
tivity. 302.39 Articles and speeches. 302.40 File of articles and speeches. 302.41 General conduct prejudicial to the
Government. 302.42 Miscellaneous statutory provisions.
Sec. 302.74 Employee's complaint on filing re
quirement. 302.75 Where to submit statements. 302.76 When to submit statements. 302.77 Supplementary statements. 302.78 Interests of employees' relatives. 302.79 Information not known by employ
ees. 302.80 Information not required. 302.81 Confidentiality of statements. 302.82 Review of statements by the Chair
man. 302.83 Review of statements by the Execu
tive Secretary. 302.84 Findings of no conflict of interest. 302.85 Findings of conflict of interest. 302.86 Effect of employees' statements on
other requirements. 302.87 Specific provisions for special Gov
ernment employees. 302.88 Waiver of statements from certain
special Government employees. 302.89 Time for submission of statements
by special Government employees. 302.90 Circumstances requiring statements
from special Government employees. AUTHORITY: Sec. 103, 84 Stat. 796; 50 U.S.C. App. 2168.
SOURCE: 36 FR 23917, Dec. 16, 1971, unless otherwise noted.
Subpart A-General Provisions
Subpart D-Regulation Governing Ethical and
Other Conduct and Responsibilities of Spe
cial Government Employees 302.51 Use of Government employment. 302.52 Use of inside information. 302.53 Teaching, lecturing, and writing. 302.54 Coercion. 302.55 Gifts, entertainment, and favors. 302.56 Miscellaneous statutory provisions.
8 302.1 Purpose.
The Government service requires the maintenance of unusually high standards of honesty, integrity, impartiality, and conduct by Government employees and special Government employees to assure the proper performance of Government business and the maintenance of confidence by citizens in their Government. This is especially true of service in the Cost ACcounting Standards Board because of the unique functions and special trust placed upon the Board as an agent of the Congress. Board members, employees, and special Government employees are, therefore, expected and required to exercise informed judg. ments to avoid misconduct and conflicts of interest and the appearance of conflicts of interest. In accordance with these concepts, this regulation sets forth the regulations and policies of the Cost Accounting Standards Board which prescribe standards of conduct and responsibilities including guidance on conflict of interest laws
Subpart E-Prohibited Activities by Former
302.61 Prohibited activities.
Subpart F-Regulation Governing Statements
of Employment and Financial Interests
302.71 Form and content of statements. 302.72 Requirement to submit statements. 302.73 Employees not required to submit
and the requirement for reporting employment and financial interests for its Board members, employees, and special Government employees.
§ 302.3 Interpretation and advisory serv.
ice. The Executive Secretary, with the approval of the Chairman shall designate a Counselor for the Board who shall be responsible for providing counseling services and authoritative advice and guidance to Board members, employees, and special Government employees who seek advice and guidance from him on conflicts of interest questions.
8 302.2 Definitions.
In this regulation:
(a) Board means the Cost Accounting Standards Board, established by section 719 of the Defense Production Act of 1950, as amended, added by section 103 of Pub. L. 91-379, 84 Stat. 795.
(b) Chairman means the Comptroller General of the United States or, in the event of the absence or incapacity of the Comptroller General or during a vacancy in the office, the official of the General Accounting Office acting as Comptroller General.
(c) Board member means the Chairman and a person appointed by him pursuant to section 719(a) of Pub. L. 91-379.
(d) Executive Secretary means the employee appointed by the Board as Executive Secretary pursuant to section 719(b) of Pub. L. 91-379, or in the event of the absence or incapacity of the Executive Secretary or during a vacancy in that position, the employee delegated or designated to act as Executive Secretary.
(e) Employee means an officer or employee of the Board other than a special Government employee.
(f) Special Government employee means an officer or employee who is retained, designated, appointed, or employed to perform, with or without compensation for a period not to exceed 130 days during any period of 365 days, temporary duties for the Board either on a full-time or intermittent basis (18 U.S.C. 202).
(g) 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.
(h) Former employee former Board employee or former special Government employee of the Board, as defined in paragraph (f) of this section.
(i) Words importing the masculine gender include the feminine as well, and words importing the plural include the singular.
8 302.4 Compliance.
(a) The Chairman shall be responsible for seeing to it that this regulation is fully complied with and for issuing whatever supplementary instructions are deemed desirable. Except as otherwise specifically provided for in this regulation, any matter coming within the provisions of this regulation arising in the Board will be referred immediately to the Chairman for appropriate disposition.
(b) Employees of another agency of the Government who are detailed to the Board for a period of time which is anticipated to equal or exceed 1 year shall submit a signed statement to the Executive Secretary that they are conducting themselves in compliance with the standards, rules, or regulations of conduct in force in their own detailing agency. Since their own agency regulations cover similar subject matter, they will not be required to comply with this regulation, except as to the necessity for obtaining consent to certain outside activities including teaching, speaking, and writing for publication (see § 302.38(b)).
8 302.5 Disciplinary and other remedial
actions. (a) A violation of any part of this regulation by a Board member, employee, or special Government employ. ee may be cause for appropriate disciplinary action which may be in addi. tion to any penalty prescribed by law.
(b) When, after consideration of the explanation of the employee or special Government employee provided by $ 302.85, the Chairman decides that remedial action is required, he shall take immediate steps to end the conflict of interest or the appearance of conflict
ering use of information obtained as a result of membership on or employment with the Board.
of interest. Remedial action may include one or more of the following, but is not limited to them:
(1) Changes in assigned duties;
(2) Divestment by the employee or special Government employee of his conflicting interest;
(3) Disciplinary action;
(4) Disqualification for a particular assignment.
8 302.8 Distribution of regulation.
(a) A copy of this regulation shall be furnished each Board member, employee, and special Government employee.
(b) Copies of pertinent laws and instructions relating to ethical and other conduct will be made available in the Office of the General Counsel of the Board, upon request by Board members, employees, and special Government employees.
8 302.6 Effecting disciplinary and remedi
al actions. Remedial action, whether disciplinary or otherwise, shall be effected in accordance with applicable laws and regulations.
Subpart B-Regulation Governing
Ethical and Other Conduct and Responsibilities of Board Members
8 302.7 Release of information.
(a) The Board may from time to time publish or release statements of practice and policy, as well as those matters required to be published, or made available to the general public by 5 U.S.C. 552 and those proposed and final standards, rules, and regulations required to be published in the FEDERAL REGISTER by section 719 of Pub. L. 91-379.
(b) Proposals, working papers, staff papers, and similar writings which have not been so published or made available to the general public shall be considered privileged internal Board matters, and no publication of them or comments on them shall be made to the general public, and no information relating to them shall be divulged to the general public by any Board member, employee, or special Government employee, without prior approval of the Chairman.
(c) The prohibition contained in this paragraph regarding premature release or discussion of internal Board matters is not intended in any way to prevent or hamper Board members, employees, or special Government employees from correspondence or discussion of Board matters and writings with others in the proper discharge of their duties. It is, however, designed to facilitate confidential discussions within the Board and to prevent disclosure of confidential or non-public information. It is in addition to statutory prohibitions and other provisions of this regulation (see $$ 302.32, 302.33, 302.38, 302.52, and 302.53) coy
§ 302.11 General provisions.
(a) A Board member who is also an officer or employee of an agency or department in the legislative or executive branch of the U.S. Government or of any independent agency of the United States or of the District of Columbia is subject to the laws, regulations, and requirements affecting that office or employment and shall be subject to this regulation only to the extent that it establishes duties or responsibilities relating particularly to service with the Cost Accounting Standards Board.
(b) All other Board members are employees or special Government employees as defined in § 302.2. They are subject to the provisions of this regulation as employees or as special Government employees, except in those cases where a rule or requirement is stated herein as applicable specifically to Board members. (See $ $ 302.5(a), 302.72(a), 302.75(a), and 302.82.)
Subpart C—Regulation Governing
Ethical and Other Conduct and Responsibilities of Employees
8 302.21 General policy on conduct.
The personal demeanor of employees of the Board is subject to the closest public and official scrutiny; and as representatives of the Board, employees are judged by their personal asso