dars, etc. Employees may on infrequent occasions accept items of nominal value such as food in the ordinary course of a luncheon or dinner meeting, site visit, or professional conference when the employee is properly in attendance.

(g) Outside employment: (1) Employees shall not engage in any outside employment or other outside activity not compatible with the full and proper discharge of their Foundation duties and responsibilities. Incompatible activities include, but are not limited to, acceptance of anything of monetary value which may result in or create the appearance of a conflict of interest.

(2) Employees shall not engage in outside employment which tends to impair their health or capacity to discharge acceptably their duties and responsibilities.

(3) Employees shall not receive anything of monetary value from a private source as compensation for their activities as Foundation employees.

(4) Employees shall not engage in teaching, lecturing, or writing which is dependent on official information obtained as a result of Government employment, except when the information has been, or is being made available to the general public, or will be made available to the public on request, or when the Director or Deputy Director gives written authorization for the use of nonpublic information on the basis that the use is in the public interest. However, employees are encouraged to engage in teaching, lecturing, and writing not prohibited by the regulations in this part, by law, or by Executive order.

(5) Employees shall not receive anything of monetary value for any consulting, lecturing, discussion, writing, or presentation, the subject of which is devoted to the responsibilities, programs, or operations of the Foundation, or which draws on official data or ideas which have not become part of the body of public information.

(6) Employees shall not serve as organizers or directors of scientific conferences, colloquia or similar events supported by grant or contract from the Foundation, but may otherwise participate in such events provided they do not receive any compensation or economic benefit for such participation.

(7) Employees shall avoid any action whether or not specifically prohibited which might result in or create the appearance of:

(i) Using public office for private gain; (ii) Giving preferential treatment to any person;

(iii) Impeding Government efficiency or economy;

(iv) Losing complete independence or impartiality;

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

(vi) Affecting adversely the confidence of the public in the integrity of the Government.

(8) Employees may, however, participate in the affairs of, and accept an award for meritorious public contribution or achievement given by a charitable, religious, fraternal, educational, recreational, public service, or civic organization.

(h) Advice or assistance to nonprofit or commercial organizations: The conditions under which employees may offer assistance or advice to nonprofit or commercial organizations are set forth in this paragraph (h).

(1) General rule. While not on official duty, an employee may provide advice or assistance and receive compensation therefor, to either nonprofit or commercial organizations, provided that such services are unrelated to his activities at the Foundation and do not draw upon information deriving from Government sources not publicly available.

(2) Specific situations-(1) Visiting committees. Except with the specific approval of the Director, employees should not participate in the deliberations of a college or university visiting committee; however, an employee may meet with such groups as a Foundation official where it would be appropriate to attend a similar meeting with any other comparable group requesting his assistance.

(ii) Participation in non-Federal research institutions. Except with the specific approval of the Director, employees may not participate in any way in the policy making or administration of a non-Federal research institution which receives or is eligible to receive funds from a Federal agency.

(iii) Membership and office holding in professional societies. Except with the specific approval of the Director, an employee may be a member of a professional society, but may not serve as an officer except where the society has not received any support from the Foundation during the preceding three years and the employee has no reason to expect it to seek support during the tenure of his office. If

the society later requests support from the Foundation, the employee should resign his office in the society or request permission to remain in such office.

(i) Misuse of information: For the purpose of furthering a private interest, employees shall not (except as provided in paragraph (g) (4) of this section) 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.

(j) Compensation from NSF-awarded funds: No employee may receive any compensation either directly or indirectly from NSF funds awarded to contractors or grantees.

(k) Use of Federal property: No employee may use Federal property or facilities of any kind for other than officially approved activities. Every employee has the responsibility to protect and conserve all Federal property which has been entrusted to him.

(1) Exercise of notary powers: Employees who are notaries public may not charge or receive any compensation for performing any notarial act during working hours, including the luncheon period.

(m) Political activity: Restrictions in this section are applicable to employees on leave, leave without pay, or furlough, as well as to other regular employees of the Foundation. Individuals whose employment is on an intermittent basis (not occupying a substantial portion of their time) are subject to the political-activities restrictions only while they are in an active-duty status. The period of active-duty status for a particular employee includes the entire 24-hour period of any day of actual employment. The Federal Personnel Manual contains information on such restrictions. Copies of the Federal Personnel Manual may be consulted in the Personnel Office. If an employee is in doubt about permissible activities, he should contact the Personnel Office for clarifications.

(1) Employees may not use their official positions or influence for the purpose of interfering with an election and they may not take an active part in political management or in political campaigns, except as provided in subparagraphs (4) and (5) of this paragraph.

(2) No employee may discriminate against another employee because of his political opinions or affiliations.

(3) An employee may not become a candidate for nomination or election to a Federal, State, county, or municipal office on a partisan political ticket. Nor may an employee become a candidate as an independent when opposed by a partisan political candidate, except as provided in subparagraph (4) of this paragraph.

(4) Certain political subdivisions in the vicinity of Washington, D.C., as well as other municipalities, designated by the CSC, have been granted a limited exception to the rules prohibiting political management or candidacy for local office. In such municipalities, employees may become candidates as independents, even when opposed by partisan political candidates.

(5) In general, the Foundation encourages employees to be candidates for, and to hold, State, county, or municipal offices of a nonpartisan nature when permitted by law. Employees desiring to be candidates for or to hold a State or local office or to undertake the political management of a candidacy for such office, must first secure the approval of the head of their Division or Office, and then forward their request to the Personnel Officer for approval.

(6) Full-time employees, with the prior consent of the Director, may hold positions under a State or local government on a part-time basis only. Intermittent employees may hold full-time or part-time State or local goverment positions. In both cases, the above restrictions on political activity must be observed.

(n) An employee shall not participate, while on Government-owned or leased property or while on duty for the Government, in any gambling activity, such as a lottery or the sale or purchase of numbers, etc.

[NSF Circ. 54, 31 F.R. 4595, Mar. 18, 1966, as amended at 33 F.R. 747, Jan. 20, 1968; 33 F.R. 11904, Aug. 22, 1968; 35 F.R. 13133, Aug. 18, 1970]

§ 600.735-10 Presenting grievances to Congress.

Nothing in this subpart shall be construed as abridging in any way the right of employees, either individually or collectively, to petition Congress, or any member thereof or to furnish information when appropriate to either House of Congress, or to any committee or member thereof.

(a) In order to meet the requirements of the Civil Service Commission pertaining to conflicts of interest and ethical conduct, this subpart prescribes NSF policy and procedures governing all NSF consultants and shall serve as formal notification of the conditions for serving as consultants. Acceptance of the appointment as consultant signifies that the consultant is subject to and will abide by the conditions set forth in this subpart.

(b) To promote the highest possible standards of honesty, integrity, and impartiality in the conduct of its business, the National Science Foundation conveys to all consultants the regulations in this subpart as an aid in the avoidance of actual or apparent conflicts of interest and misconduct.

§ 600.735-21 Scope.

This subpart applies to every consultant appointed by the National Science Foundation and is based upon the standards of ethical conduct described in Exective Order 11222. For the purpose of this subpart, "consultant" means a person retained, designated, appointed or employed by NSF with or without compensation, to perform temporary duties either in a full-time or intermittent basis, for not to exceed 130 days during any period of 365 consecutive days.

(a) A consultant shall not use his position for the actual or apparent purpose of private gain for himself or another person, particularly one with whom he has family business or financial ties, nor shall he convey inside information (that which has not become part of the body of public information and that would not be available upon request) directly or indirectly to any person for the purpose of private gain for himself or another person, particularly one with whom he has family business or financial ties.

(b) A consultant shall not, either for or without compensation, engage in teaching, lecturing, or writing that is dependent 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 Director gives written author

ization for the use of nonpublic information on the basis that the use is in the public interest.

(c) A consultant shall not use his position with the Foundation to coerce or give the appearance of coercing a person to provide private gain for himself or another person.

(d) A consultant shall not, in connection with his NSF duties, receive or solicit from anyone having business with the Foundation anything of value such as a gift, gratuity, loan, or entertainment for himself or another person. (This does not prohibit the infrequent acceptance of unsolicited advertising or promotional materials of nominal value such as pens, note pads, or calendars, or the acceptance of food or refreshments of nominal value characteristic luncheon or dinner meetings.)

of

(e) A consultant shall adhere to the same standards of conduct made applicable to employees of the National Science Foundation by § 600.735-9 (a) through (d), (f), and (k) through (n). § 600.735-23 Statements of employment and financial interests.

(a) At the time of appointment, each consultant shall complete and submit to the Personnel Office, National Science Foundation, the form entitled "Statement of Employment and Financial Interests." Present consultants must submit such statement not later than June 30, 1966. It is necessary that the consultant report all Federal and non-Federal employment, as well as those financial interests which relate either directly or indirectly to his Foundation duties or responsibilities. Inquiries as to whether financial interests relate directly or indirectly to his duties or responsibilities should be directed to the Conflicts-of-Interest Counselor, National Science Foundation.

(b) Consultants are not required to submit information relating to their financial interests in any professional society not conducted as a business enterprise as described in the next sentence, charitable, religious, social, fraternal, recreational, public service, civic, political, or similar organization not conducted as a business enterprise. Professional societies, educational institutions and other nonprofit organizations engaged in research, development, or related activities involving grants of money from, or contracts with, the Government are deemed "business enterprises"

and are required to be included in consultants' statements of employment and financial interests.

(c) Each consultant must file a supplementary statement of employment and financial interests whenever a significant change occurs in either employment or financial interests to keep his record current.

(d) All original and supplementary statements of employment and financial interests will be held in strictest confidence. The Executive Secretary shall maintain the confidential file of statements in such a manner that access to, or the disclosure of information from a statement shall not be allowed except to carry out the purpose of this part.

(e) It should be noted that the statements of employment and financial interests and supplementary statements required of consultants are in addition to, and are not in substitution for, or in derogation of, any similar requirement imposed by law, regulation, or Executive order. The submission of the statement or supplementary statement by a consultant does not permit him or any other person to participate in any matter in which his or the other person's participation is prohibited by law, regulation, or Executive order. It is the responsibility of each consultant to acquaint himself with the relevant statutes. A listing of such statutes is provided in the Appendix to this part. Upon request, the Personnel Office, National Science Foundation will provide excerpts of pertinent portions of these statutes.

[NSF Circ. 54, 31 F.R. 4595, Mar. 18, 1966, as amended at 33 F.R. 747, Jan. 20, 1968] $600.735-24 Resolution of possible con

flicts-of-interest situations.

(a) The Conflicts-of-Interest Counselor of the Foundation is available to provide advice and guidance to each consultant requiring counsel regarding possible conflicts-of-interest situations and will offer the consultant an opportunity to explain any conflict or appearance of conflict. Whenever a consultant has reason to believe that a present or proposed activity or financial interest of his might conflict or might appear to conflict with Government statutes or regulations, he should bring the matter to the attention of the Conflicts-of-Interest Counselor.

The Conflicts-of-Interest Counselor will discuss such matters with the consultant, as well as any other possible conflicts-of-interest situations revealed

The following is a list of statutes related to the ethical and other conduct of Government employees. Upon request, pertinent excerpts of these statutes will be made available by the Personnel Office.

1. House Concurrent Resolution 175, 85th Congress, 2d session, 72 Stat. B12, the "Code of Ethics for Government Service."

2. Chapter II of Title 18, United States Code, relating to bribery, graft, and conflictsof-interest, as appropriate to the employees concerned.

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

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

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

6. 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).

7. The provision relating to the habitual use of intoxicants to excess (5 U.S.C. 7352). 8. The prohibition against the misuse of a Government vehicle (31 U.S.C. 638a(c)). 9. The prohibition against the misuse of the franking privilege (18 U.S.C. 1719).

10. The prohibition against the use of deceit in an examination or personnel action in connection with Government employment (18 US.C. 1917).

11. The prohibition against fraud or false statements in a Government matter (18 U.S.C. 1001).

12. The prohibition against mutilating or destroying a public record (18 U.S.C. 2071).

13. The prohibition against counterfeiting and forging transportation requests (18 U.S.C. 508).

14. 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).

15. The prohibition against unauthorized use of documents relating to claims from or by the Government (18 U.S.C. 285).

16. The prohibition against political activities in subchapter III of Chapter 73 or Title 5, United States Code and 18 U.S.C. 602, 603, 607, and 608.

17. The prohibition against an employee acting as the agent of a foreign principal registered under the Foreign Agents Registration Act (18 U.S.C. 219).

18. The prohibition against the holding of a position in the Government of the United States or of the District of Columbia by anyone convicted of a felony related to the inciting, promoting, encouraging or participating in a riot or civil disorder (5 U.S.C. 7313).

[NSF Circ. 54, 33 F.R. 747, Jan. 20, 1968, as amended at 33 F.R. 11904, Aug. 22, 1968]

chairman, the Associate Director (Scientific Personnel and Education) and the General Counsel, together with such additional persons, if any, from sources within or outside the Foundation as may be designated from time to time by the Director.

(b) "Act" means the National Science Foundation Act of 1950, as amended (42 U.S.C. §§ 1861-1875).

(c) "Fellowship" (also referred to as "award") means an award made by the Foundation to an individual under section 10 of the Act.

(d) The terms "Review Panel" and "Review Board" refer to the Panel and Board defined in the regulations contained in Part 630 of this chapter.

(e) "Director" means the Director of the National Science Foundation.

(f) "Oath or affirmation of allegiance" means the oath or affirmation required under section 16(d) (1) of the Act.

§ 610.3 Separate consideration of professional or academic qualifications and affirmative declaration as to convictions or pending criminal charges and allegations or complaints by third parties.

In order that objectivity may be maintained in the selection of candidates (and in any decisions as to termination of a fellowship) on the basis of scholarly achievement and potential, no advisory group or panel involved in making any recommendations as to the selection of persons for Fellowships, or in the making of any recommendations as to their retention as such Fellows, will be made aware of any affirmative or negative criminal declarations made pursuant to section 16(d) (1) (B) of the Act, nor of any other information (such as thirdparty allegations) other than that developed in connection with the submission and processing of the application for academic considerations.