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ciates and activities as well as by their official actions and conduct. In all their dealings, employees of the Board shall so conduct themselves as to permit no reasonable basis for suspicion of unethical conduct or practices. The obligation to protect fully the interests of the Government as a whole and the Board as an agency of the Congress, demands the avoidance of circumstances which invite conflict between self-interest and the integrity of employment with the Board. Loyalty to the Board and its programs and purposes is a necessary attribute.

(a) A gift, gratuity, favor, entertainment, loan, or other similar favor of monetary value may be accepted by the employee when it or they stem from a family or personal relationship, such as those between the employee and his parents, children, or spouse, and when the circumstances make it clear that it is those relationships rather than the business of the persons concerned which are the motivating factors.

(b) Food and refreshments of nominal value may be accepted on infrequent occasions in the ordinary course of a luncheon or dinner meeting or other meeting or on an inspection tour where the employee may properly be in attendance.

(c) Loans from banks and other financial institutions may be accepted on customary terms to finance the proper and usual activities of employees, such as home mortgage loans.

(d) Unsolicited advertising or promotional material, such as pens, pencils, note pads, calendars, and other items of nominal value may be accepted.

8 302.22 Proscribed actions.

An employee shall avoid any action, whether or not specifically prohibited by this subpart, which might result in, or create the appearance of:

(a) Using public office for private gain;

(b) Giving improper preferential treatment to any person;

(c) Impeding Government efficiency or economy;

(d) Losing complete independence or impartiality;

(e) Making a Government decision outside official channels; or

(f) Affecting adversely the confidence of the public in the integrity of the Government or its operations. § 302.23 Gifts, entertainment, and favors.

Except as provided in $$ 302.24 and 302.27 of this subpart, 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:

(a) Has, or is seeking to obtain, contractual or other business or financial relations with the Federal Government;

(b) Conducts operations or activities that are subject to audit, investigation, decision, or regulation by the Board;

(c) Has interests that may be substanatially affected by the performance or nonperformance of the employee's official duty.

8 302.25 Gifts to superiors.

An employee shall not solicit a contribution from another employee for a gift to an official superior, make a donation as a gift to an official superior, or accept a gift presented as a contribution from an employee receiving less pay than himself (5 U.S.C. 7351).

$ 302.26 Gifts from foreign governments.

An employee shall not accept a gift, present, decoration, or other thing from a foreign government unless authorized by Congress as provided by the U.S. Constitution and in Pub. L. 89-673, 80 Stat. 952.

8 302.27 Reimbursement of travel and

living expenses. Neither $ 302.23 nor $ 302.38 of this subpart precludes an employee from receipt of bona fide reimbursement, unless prohibited by law, for expenses of travel and such other necessary subsistence as is compatible with this subpart when not engaged on official business. However, this paragraph does not allow an employee to be reimbursed, or payment to be made on his

8 302.24 Permissible gifts, entertainment,

and favors. Despite the limitations established by $ 302.23 of this subpart, the following exceptions are made:

or

behalf, for excessive personal living expenses, gifts, entertainment, other personal benefits. When traveling on official business, no reimbursement may be accepted from private sources.

ing property leased to the Government, for other than officially approved activities. An employee has a positive duty to protect and conserve Government property, including equipment, supplies, and other property entrusted or issued to him.

NOTE: Notwithstanding this paragraph, the requirements relating to the acceptance of contributions and awards, travel, subsistence and other expenses in section 4111(a), 5 U.S.C. and the regulations thereunder in Subpart G, Part 410, Book III, Supplement 990-1, Federal Personnel Manual, continue to apply.

$ 302.32 Misuse of information.

For the purpose of furthering a private interest, an employee shall not, except as provided in section (b) of this subpart, directly or indirectly use, or allow the use of, official information obtained through or in connection with his Government employment which has not been made available to the general public.

8 302.28 Indebtedness of employees.

An employee shall pay each just financial obligation in a proper and timely manner, especially one imposed by law such as Federal, State, or local taxes. For the purposes of this paragraph, a “just financial obligation" means one acknowledged by the employee or reduced to judgment by a court, and “in a proper and timely manner" means in a manner which the Board determines does not, in the circumstances, reflect adversely on the Board as his employer. In the event of a dispute between an employee and an alleged creditor, this paragraph does not require the Board to determine the validity of the disputed debt.

$ 302.33 Prohibited financial interests.

An employee shall not:

(a) Have a direct or indirect financial interest that conflicts substantially or appears to conflict substantially with his Government duties and responsibilities.

(b) Engage in, directly or indirectly, a financial transaction as a result of, or primarily relying on, information obtained through his Government employment.

$ 302.29 Reports on indebtedness.

While the Board will not become a collection agency for private creditors of an employee, each complaint of nonpayment of a debt will be referred to the employee concerned and the employee will be requested to report in writing as to what he proposes to do about the debt.

§ 302.30 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.

$ 302.34 Bribery, graft, and conflicts of in

terest. An employee shall not engage in acts prohibited by Chapter 11 of Title 18, United States Code, relating to bribery, graft, and conflicts of interest as appropriate to the employee concerned. Three of the more important “conflict of interest” provisions are summarized as follows:

(a) An employee may not, except as provided by law for the proper discharge of his official duties, receive, agree to receive, ask, or seek any compensation for services by him or another in connection with any proceeding, request for a ruling, or other determination before any Government agency or officer in which the United States is a party or has a direct and substantial interest (18 U.S.C. 203).

(b) An employee may not, except in the discharge of his official duties, represent anyone else (with or without compensation) before a court or Government agency in a matter in which

8 302.31 Use of Government property.

An employee shall not directly or indirectly use, or allow the use of, Government property of any kind, includ

the United States is a party or has a direct or substantial interest (18 U.S.C. 205).

(c) 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).

8 302.36 Disqualification procedure.

Where the employee, his spouse, minor child, partner, organization in which he is serving as officer, director, trustee, partner or employee, or any person with whom he is negotiating or has an arrangement concerning prospective employment, has a financial interest in any matter in which he is participating as part of his official duties, he will so inform the Chairman through the Executive Secretary, in writing, and he will thereupon be relieved of his duties and responsibilities in that particular matter unless the Executive Secretary, after consultation with and the approval of the Chairman finds that pursuant to § 302.35(b) of this subpart, the interest is too remote or too inconsequential to affect the integrity of the employee's services, in which case the Chairman will so notify the employee in writing. In cases of disqualification of the employee, the assignment of the employee will be changed, or the matter will be reassigned to another employee. A memorandum of disqualification will be made and forwarded by the Chairman to the employee with copies to the Executive Secretary and the Counselor for the Board.

$ 302.35 Conflicts resulting from assign

ments. An employee will not participate in any audit, investigation, survey, examination, ruling, decision or determination, contract, claim, controversy, or other matter before the Board in which he, his spouse, minor child, partner, organization in which he is serving as officer, director, trustee, partner or employee, or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, has a financial interest, with the following exceptions:

(a) The employee need not disqualify himself if his financial holdings are in shares of widely held diversified mutual funds or regulated investment companies in which he does not serve as director, officer, partner, or advisor. The indirect interest in business entities which the holder of shares in a widely diversified mutual fund or regulated investment company of stocks in business entities is hereby exempted from the provisions of 18 U.S.C. 208(a) in accordance with the provisions of 18 U.S.C. 208(b)(2) as being too remote or inconsequential to affect the integrity of the employee's services.

(b) If the employee first informs the Chairman through the Executive Secretary, in writing, of the nature and circumstances of the audit, investigation, survey, examination, ruling, decision or determination, contract, claim, controversy, or other matter in which he is participating and makes full disclosure of the financial interest and receives in advance a written determination made by the Chairman that the interest is not so substantial as to be deemed likely to affect the integrity of the employee's services, the employee need not consider himself disqualified (18 U.S.C. 208(b)).

§ 302.37 Nondisqualifying interests.

This subpart 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 applicable law or regulations.

8 302.38 Outside employment and other

activity. (a) An employee shall not engage in outside employment or other outside activity not compatible with the full and proper discharge of the duties and responsibilities of his Government employment. 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, a conflict of interest;

(2) Outside employment which tends to impair his mental or physical capacity to perform his Government duties and responsibilities in an acceptable manner.

(b) Employees may (subject to the provisions of paragraph (c)(3) of this section) engage in teaching, lecturing, and writing that is not prohibited by law or these regulations. An employee shall not, however, either for or without compensation, engage in teaching, lecturing, or writing, including teaching, lecturing, or writing for the purpose of the special preparation of a person or class of persons for an examination of the Civil Service Commission or Board of Examiners for the foreign service, that depends on information obtained as a result of his Government employment, except when that information has been made available to the general public or will be made available on request, or when the Chairman gives written authorization for the use of nonpublic information on the basis that such use is in the public interest.

(c) This paragraph does not preclude an employee from:

(1) Participation in the activities of national or State political parties not precluded by law;

(2) 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;

(3) Outside employment when permission has been granted in advance by the Executive Secretary or his designee, and the employee has been notified in writing of the approval. This permission will be granted in accordance with the following policies, procedures, and limitations:

(i) In considering requests for outside employment, the following criteria will be applied-the provisions of applicable law, the regulations and policies incorporated in this subpart including the possibility of conflicts of interest, the general attendance record of the employee, the nature of his official duties in relation to the nature of the duties which will comprise the outside employment; the financial

need or other justification for such outside employment, and the hours of work required by the outside employment;

(ii) An employee will request permission to engage in outside employment by executing, in full, GAO Form 256 (Rev. 10/67) and forwarding it through his immediate supervisor to the Executive Secretary or his designee;

(iii) The Executive Secretary or his designee will, upon receipt of a fully executed GAO Form 256 (Rev. 10/67), evaluate the request in light of existing law and policies and regulations;

(iv) The Executive Secretary or his designee will officially approve or disapprove the request, and the employee will be notified. If the action taken on the request is not agreed to by the employee, the request and all recommendations will be submitted to the chairman for ultimate determination. The chairman will thereupon consider the entire record, make the final determination, and cause the employee to be notified;

(V) Grants of permission to engage in outside employment will normally expire 3 calendar years from the date of last issue, unless sooner revoked or modified. Permission to engage in outside employment which is about to expire will be considered for renewal upon receipt of a request on GAO Form 256 (Rev. 10/67). Procedures for renewal will be the same as those for original application and should be made, if continuity of permission is desired, from 30 to 60 days before the expiration of current permission;

(vi) Permission to engage in outside employment extends only to the specific employment described in the request considered. New requests must be made in writing in accordance with these procedures to cover any changes or modifications in outside employment;

(vii) An employee with permission to engage in outside employment will not hold himself out to the public as an attorney or accountant by such means as:

(a) Placing his name on an office door,

shall submit drafts thereof to the Executive Secretary or his designee prior to publication or delivery when:

(a) Any reference is made or to be made to the employee's employment by the Board.

(b) The subject of the article or speech concerns the work of the Board.

8 302.40 File of articles and speeches.

The Board Library will maintain a permanent file of all published articles and speeches by employees of the Board. In order that this file be complete and current each employee who has had an article published or has made a speech shall send two copies thereof to the library.

(b) Having his name listed in the classified section of the telephone directory, or

(c) Using business stationery with his name on letterheads or envelopes.

(viii) Permission to engage in outside employment will not be granted for the purpose of representing clients in court or before Government agencies except in rare cases when permission may be granted for specific appearances;

(ix) An employee may be permitted to engage in income tax work and to sign income tax returns as a preparer, provided:

(a) The taxpayer has no Government contracts and has no business with the U.S. Government,

(6) The employee does not in any manner intercede with or appear for the taxpayer before the Internal Revenue Service, the courts, or other Government body.

(x) An employee may not use his employment with the Board as a means of soliciting or obtaining outside employment;

(xi) An employee may not engage in outside employment while he is on sick leave from his duties. Deviations from this policy may be permitted in rare instances when prior approval is obtained from the Executive Secretary;

(xii) Employees in grades equivalent to GS-13 and higher will not, normally, be given permission to engage in outside employment. Exceptions will be made for good and sufficient reasons, such as where a critical need exists for additional income by the employee or where the employment is found to be in the public interest in terms of opportunity for valuable experience beneficial both to the employee and to the Board. Each request for an exception under this paragraph shall be in sufficient detail to permit a judgment that it is merited. If an exception is made for employees in grades equivalent to GS-13 and higher, permission will be granted for 1-year intervals.

8 302.41 General conduct prejudicial to

the Government. An employee shall not engage in criminal, infamous, immoral, or notorious disgraceful conduct, or other conduct prejudicial to the Government, nor shall he conduct himself in such a manner as to give rise to a reasonable belief that he is engaging in criminal, infamous, immoral, or notorious disgraceful conduct.

8 302.42 Miscellaneous statutory provi.

sions. Each employee will acquaint himself with each statute that relates to his ethical and other conduct as an employee of the Board with particular reference to the following:

(a) House Concurrent Resolution 175, 85th Congress, second session, 72 Stat. B12, the “Code of Ethics for Government Service."

(b) Chapter 11 of Title 18, United States Code, relating to bribery, graft, and conflicts of interest, as appropriate to the employees concerned.

(c) The prohibition against lobbying with appropriated funds (18 U.S.C. 1913).

(d) The prohibitions against disloyalty and striking (5 U.S.C. 7311, 18 U.S.C. 1918).

(e) The prohibition against the employment of a member of a Communist organization (50 U.S.C. 784).

(f) The prohibitions against (1) the disclosure of classified information (18

§ 302.39 Articles and speeches.

Employees who prepare, with or without compensation, articles for publication and speeches for delivery

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