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SOURCE: 44 FR 52200, Sept. 7, 1979, unless otherwise noted.

(44 FR 52200, Sept. 7, 1979, as amended at 56 FR 958, Jan. 10, 1991)

Subpart A-General Provisions 8 1152.735-101 Purpose.

The maintenance of unusually high standards of honesty, integrity, impartiality, and conduct by Government employees and special Government employees is essential to assure the proper performance of the Government business and the maintenance of confidence by citizens in their Government. The avoidance of misconduct and conflicts of interest on the part of Government employees and special Government employees through informed judgment is indispensable to the maintenance of these standards. To accord with these concepts, this part sets forth the Board's regulations prescribing standards of conduct and responsibilities, and governing statements reporting employment and financial interests for employees and special Government employees.

8 1152.735–103 Designated Agency Ethics

Official. (a) The Chair shall designate in writing an agency ethics official and an alternate agency ethics official to serve in an acting capacity in the absence of the primary Designated Agency Ethics Official.

(b) The Designated Agency Ethics Official shall coordinate and manage the agency's ethics program, includ. ing:

(1) Serving as liaison with the Office of Government Ethics;

(2) Reviewing financial disclosure reports;

(3) Conducting ethics education and training programs;

(4) Monitoring administrative actions and sanctions; and

(5) Providing counsel and guidance on matters relating to ethical conduct to employees seeking advice on questions of conflicts of interest and other matters covered by this part.

(c) The Designated Agency Ethics Official may delegate any of the duties in paragraph (b) of this section to a deputy agency ethics official. (56 FR 958, Jan. 10, 1991)

$ 1152.735-102 Definitions.

(a) Board means the Architectural and Transportation Barriers Compliance Board

(b) Chair means the Chair of the Architectural and Transportation Barriers Compliance Board.

(c) Employee means an officer or employee of the Board but does not include a special Government employee.

(d) Federal member means a member of the Board who is the head of a federal agency or a designee as specified in 29 U.S.C. 792(a)(1)(B).

(e) 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.

(f) Public member means a member of the Board appointed by the President from among members of the general public.

(g) Special Government employee means a “special Government employee," as defined in section 202 of title 18 U.S.C., that is, one appointed or employed to serve, with or without compensation, for not more than 130 days during any period of 365 days on a full-time or intermittent basis.

8 1152.735-104 Disciplinary and other re.

medial action. Violations of the regulations in this part by an employee may be cause for appropriate disciplinary action which may be in addition to any penalty prescribed by law. (44 FR 52200, Sept. 7, 1979, Redesignated and amended at 56 FR 958, Jan. 10, 1991)

Subpart B-Ethical and Other Con

duct and Responsibilities of Employees

8 1152.735-201 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 preferential treatment to any person;

nor

(c) Impeding Government efficiency for a gift to an official superior, make or economy;

a donation as a gift to an official supe(d) Losing complete independence or rior, or accept a gift from an employee impartiality;

receiving less pay than himself/herself (e) Making a Government decision (5 U.S.C. 7351). However, this paraoutside official channels; or

graph does not prohibit a voluntary (f) Affecting adversely the confi- gift of nominal value or donation in a dence of the public in the integrity of nominal amount made on a special octhe Government.

casion such as marriage, illness, or re

tirement. $ 1152.735-202 Gifts, entertainment, and

(e) An employee shall not accept a favors.

gift, present, decoration, or other (a) Except as provided in paragraphs thing from a foreign government (b) and (f) of this section, an employee unless authorized by Congress as proshall not solicit or accept, directly or vided by the Constitution and in secindirectly any gift, gratuity, favor, en- tion 7342 of title 5 U.S.C. tertainment, loan, or any other thing

(f) Neither this section of monetary value, from a person who: 8 1152.735-203 precludes an employee (1) Has, or is seeking to obtain, con

from receipt of bona fide reimbursetractual or other business or financial

ment, unless prohibited by law, for exrelations with his/her agency;

penses of travel and such other neces(2) Conducts operations or activities

sary subsistence as is compatible with that are regulated by his/her agency;

this part for which no Government or

payment or reimbursement is made. (3) Has interests that may be sub

However, this paragraph does not stantially affected by the performance

allow an employee to be reimbursed, or nonperformance of his/her official

or payment to be made on his/her duty.

behalf, for excessive personal living (b) The prohibitions of paragraph

expenses, gifts, entertainment, or (a) of this section do not apply in the

other personal benefits, nor does it following cases:

allow an employee to be reimbursed by (1) Obvious family or personal rela

a person for travel on official business tionships, such as those between the

under agency orders when reimburseparents, children, or spouse of the em

ment is proscribed by Decision Bployee and the employee, when the

128527 of the Comptroller General circumstances make it clear that it is

dated March 7, 1967 (46 Comp. Gen. those relationships rather than the

689). business of the persons concerned which are the motivating factors;

8 1152.735-203 Outside employment and (2) Acceptance of food and refresh

other activity. ments of nominal value on infrequent occasions in the ordinary course of a

(a) An employee shall not engage in luncheon or dinner meeting or other outside employment or other outside meeting or an inspection tour activity not compatible with the full where an employee may properly be in and proper discharge of the duties and attendance;

responsibilities of his/her Government (3) The acceptance of loans from employment. Incompatible activities banks or other financial institutions include but are not limited to: on customary terms to finance proper

(1) Acceptance of a fee, compensaand usual activities of employees, such tion, gift, payment of expense, or any as home mortgage loans; and

other thing of monetary value in cir(4) The acceptance of unsolicited ad- cumstances in which acceptance may vertising or promotional material, result in, or create the appearance of, such as pens, pencils, note pads, calen- conflicts of interest; or dars, and other items of nominal in- (2) Outside employment which tends trinsic value.

to impair his/her mental or physical (c) (Reserved)

capacity to perform his/her Govern(d) An employee shall not solicit a ment duties and responsibilities in an contribution from another employee acceptable manner.

on

(b) An employee shall not receive 8 1152.735–204 Financial interests. any salary or anything of monetary

(a) An employee shall not have a value from a private source as compen- direct or indirect financial interest sation for his/her services to the Gov

that conflicts substantially, or appears ernment (18 U.S.C. 209).

to conflict substantially, with his/her (c) Employees are encouraged to

Government duties and responsibil. engage in teaching, lecturing, and ities. writing that is not prohibited by law, (b) An employee shall not engage in, the Executive order, Office of Person- directly or indirectly, a financial transnel Management or Office of Govern- action as a result of, or primarily rely. ment Ethics regulations, or this part. ing on, information obtained through However, an employee shall not, his/her Government employment. either for or without compensation, (c) This section does not preclude an engage in teaching, lecturing, or writ

employee from having a financial ining, including teaching, lecturing or terest or engaging in financial transacwriting for the purpose of the special tions to the same extent as a private preparation of a person or class of per- citizen not employed by the Governsons for an examination of the Office

ment so long as it is not prohibited by of Personnel Management or Board of law, Executive Order, Office of PerExaminers for the Foreign Service, sonnel Management or Office of Govthat depends on information obtained ernment Ethics regulations, or this as a result of his/her Government em- part. ployment, except when that informa- (d) The following financial or ecotion has been made available to the nomic interests described below are general public or will be made avail- hereby exempted from the prohibition able on request, or when the Chair or of 18 U.S.C. 208(a) as being too remote his/her designee gives written authori.

or too inconsequential to affect the inzation for use of nonpublic informa- tegrity of an employee's services in a tion on the basis that the use is in the matter: The stock, bond or policy public interest. In addition, an employ. holdings of an employee in a mutual ee who is a Presidential appointee cov- fund, investment company, bank or inered by section 401(a) of the order

surance company which owns an intershall not receive compensation or any- est in an entity involved in the matter, thing of monetary value for any con- provided that in the case of a mutual sultation, lecture, discussion, writing, fund, investment company or bank the or appearance the subject matter of fair value of such stock or bond holdwhich is devoted substantially to the ing does not exceed 1 percent of the responsibilities, programs, or oper- value of the reported assets of the ations of his/her agency, or which mutual fund, investment company, or draws substantially on official data or bank. ideas which have not become part of

(56 FR 958, Jan. 10, 1991) the body of public information. (d) (Reserved)

8 1152.735-205 Use of Government proper (e) This section does not preclude an

ty. employee from:

An employee shall not directly or in(1) (Reserved)

directly use, or allow the use of Gov. (2) Participation in the activities of

ernment property of any kind, includ. national or State political parties not

ing property leased to the Governproscribed by law.

ment, for other than officially ap(3) Participation in the affairs of or

proved activities. An employee has a acceptance of an award for a meritori

positive duty to protect and conserve ous public contribution or achieve

Government property, including ment given by a charitable, religious,

equipment, supplies, and other properprofessional, social, fraternal, nonprof.

ty entrusted or issued to him/her. it educational and recreational, public service, or civic organization.

8 1152.735-206 Misuse of information. (44 FR 52200, Sept. 7, 1979, as amended at For the purpose of furthering a pri56 FR 958, Jan. 10, 1991)

vate interest, an employee shall not,

except as provided in $1152.735- (56 FR 959, Jan. 10, 1991)
203(c), directly or indirectly use, or
allow the use of, official information

8 1152.735-210 Miscellaneous statutory obtained through or in connection

provisions. with his/her Government employment Each employee shall acquaint himwhich has not been made available to self/herself with each statute that rethe general public.

lates to his/her ethical and other con

duct as an employee of the Board and $ 1152.735–207 Indebtedness.

of the Government. The attention of An employee shall pay each just fi- each employee is directed to the folnancial obligation in a proper and lowing statutory provisions: timely manner, especially one imposed

(a) House Concurrent Resolution by law such as Federal, State or local

175, 85th Congress, 2d session, 72 Stat. taxes. For the purpose of this section,

B12, the “Code of Ethics for Governa just financial obligation means one

ment Service". acknowledged by the employee or re

(b) Chapter II of title 18 U.S.C., reduced to judgment by a court or one

lating to bribery, graft, and conflicts imposed by law such as Federal, State

of interest, as appropriate to the emor local taxes, and in a proper and ployees concerned. timely manner means in a manner

(c) The prohibition against lobbying which the agency determines does not,

with appropriated funds (18 U.S.C. under the circumstances, reflect ad

1913). versely on the Government as his/her

(d) The prohibitions against disloy. employer. In the event of dispute be

alty and striking (5 U.S.C. 7311, 18 tween an employee and an alleged

U.S.C. 1918). creditor, this section does not require

(e) The provision relating to honoan agency to determine the validity or

raria for speeches (2 U.S.C. 441 (i)). amount of the disputed debt.

(f) The prohibitions against (1) the

disclosure of classified information (18 8 1152.735-208 Gambling, betting, and lot

U.S.C. 798, 50 U.S.C. 783); and (2) the teries.

disclosure of confidential information

(18 U.S.C. 1905), An employee shall not participate

(g) The provision relating to the hawhile on Government-owned or leased

bitual use of intoxicants to excess (5 property or while on duty for the Gov

U.S.C. 7352). ernment, in any gambling activity in

(h) The prohibition against the cluding the operation of a gambling misuse of Government vehicle (31 device, in conducting a lottery or pool,

U.S.C. 638a(c)). in a game for money or property, or in

(i) The prohibition against the selling or purchasing a numbers slip or

misuse of the franking privilege (18 ticket. However, this section does not

U.S.C. 1719). preclude activities:

(j) The prohibition against the use (a) Necessitated by an employee's of deceit in an examination of personlaw enforcement duties; or

nel action in connection with Govern(b) Under Section 3 of Executive

ment employment (18 U.S.C. 1917). Order 10927, namely solicitations con

(k) The prohibition against fraud or ducted by organizations composed of

false statements in a Government employees among their own members

matter (18 U.S.C. 1001). for organizational support or for bene

(1) The prohibition against mutilatfit or welfare funds for their members,

ing or destroying a public record (18 or similar Board-approved activities.

U.S.C. 2071).

(m) The prohibition against counter$ 1152.735-209 General conduct prejudi- feiting and forging transportation recial to the Government.

quests (18 U.S.C. 508). An employee shall not engage in (n) The prohibitions against (1) emcriminal, infamous, dishonest, immor- bezzlement of government, money or al, or notoriously disgraceful conduct, property (18 U.S.C. 641); (2) failing to or other conduct prejudicial to the account for public money (18 U.S.C. Government.

643); and (3) embezzlement of the

money or property of another person in the possession of an employee by reason of his/her employment (18 U.S.C. 654).

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

(p) The prohibitions against political activities in subchapter III of chapter 73 of title 5 U.S.C. and 18 U.S.C. 602, 603, 607, and 608.

(q) 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).

(44 FR 52200, Sept. 7, 1979, as amended at 56 FR 959 Jan. 10, 1991)

8 1152.735-303 Coercion

A special Government employee shall not use his/her Government em. ployment to coerce, or give the ap. pearance of coercing, a person to provide financial benefit to himself/herself or another person, particularly one with whom he/she has family. business, or financial ties. 8 1152.735-304 Gifts, entertainment, and

favors. (a) Except as provided in paragraph (b) of this section, a special Govern. ment employee, while so employed or in connection with such employment, shall not receive or solicit from a person having business with the agency anything of value as a gift, gra. tuity, loan, entertainment, or favor for himself/herself or another person, particularly one with whom he/she has family, business, or financial ties.

(b) The exceptions of $ 1152.735202(b) which are applicable to employees, are also applicable to special Government employees. 8 1152.735-305 Miscellaneous statutory

provisions. Each special Government employee shall acquaint himself/herself with each statute that relates to his/her ethical and other conduct as a special Government employee of his/her agency and of the Government. The attention of each special Government employee is directed to those statutory provisions listed in § 1152.735-210 that are applicable to special Government employees.

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Subpart D-Statements of Employment and Financial Interests

8 1152.735-302 Use of inside information.

(a) A special Government employee shall not use inside information obtained as a result of his/her Govern. ment employment for private gain for himself or another person either by direct action on his/her part or by counsel, recommendation, or suggestion to another person, particularly one with whom he/she has family, business, or financial ties. For the purpose of this section, inside information means information obtained under Government authority which has not become part of the body of public information.

(b) Special Government employees may teach, lecture, or write in a manner consistent with the provisions of $ 1152.735-203(c).

8 1152.735-401 Reviewing statements and

reporting conflicts of interest. (a) Financial statements of all employees shall be filed with the Desig. nated Agency Ethics Official. The Designated Agency Ethics Official shall review statements of employ. ment and financial interests submitted under this part.

(b) When a statement submitted under this part or information from other sources indicates a conflict between the interests of an employee or

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