(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.

§ 301.4 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.

§ 301.5 Views and comments.

Proposed rules, regulations, or cost accounting standards of the Cost Accounting Standards Board shall be published for comment in the FEDERAL

90-003 0-82--8

§ 301.8 Final publication.

Any proposed rule, regulation, or cost accounting standard required to be published under section 719(1)(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.

§ 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.

§ 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.

§ 301.11 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.

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 Executive 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 Government 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

§ 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 judgments 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

(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 means a 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.

§ 302.3 Interpretation and advisory service.

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.

§ 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)).

§ 302.5 Disciplinary and other remedial actions.

(a) A violation of any part of this regulation by a Board member, employee, or special Government employee may be cause for appropriate disciplinary action which may be in addition 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

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.

§ 302.6 Effecting disciplinary and remedial actions.

Remedial action, whether disciplinary or otherwise, shall be effected in accordance with applicable laws and regulations.

§ 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 as 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) cov

(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.)