AUTHORITY: The provisions of this Part 1 issued under sec. 311, 42 Stat. 25, as amended; 31 U.S.C. 52.

SOURCE: The provisions of this Part 1 appear at 22 F.R. 10889, Dec. 28, 1957, unless otherwise noted.

§ 1.1 Right to representation before the General Accounting Office.

All persons having a claim or other rights assertable in the General Accounting Office may prosecute such claim or right individually or through a recognized attorney or other representative. § 1.2 Practice by attorneys.

Any person who is a member in good standing of the bar of the Supreme Court of the United States or of the highest court of any State, territory, or of the District of Columbia, and is not under any order of any court suspending, enjoining, restraining, disbaring, or otherwise restricting him in the practice of law, may represent others before the General Accounting Office.

§ 1.3 Signature to constitute certificate When such member of the bar actin in a representative capacity appears person or signs a paper on practice be fore this agency, his personal appearanc or signature shall constitute a represen tation that under the provisions of thi part and the law he is authorized and qualified to represent the particula party in whose behalf he acts.

§ 1.4 Application for enrollment of rep resentatives.

All persons desiring to appear befor this Office in a representative capacity other than as a member of the bar shal submit an application for enrollment to the General Counsel, General Account ing Office.

§ 1.5 Committee on enrollment and dis barment.

A committee on enrollment and dis barment has been created consisting of the General Counsel, who shal act as Chairman, the Director, Claim Division, and the Director, Transporta tion Division of the General Accounting Office. The committee shall meet at suc times as are necessary to consider ap plications for recognition to appear be fore the General Accounting Office; re ceive complaints against those enrolled conduct hearings, make inquiries and perform all duties necessary in the carry ing out of their assigned tasks unde this part.

§ 1.6 Register of representatives.

The committee shall maintain a regi ter of representatives other than attor neys admitted to practice before th

eneral Accounting Office and shall likeise maintain lists of those whose applitions have been rejected. All offices nd divisions of the General Accounting ffice shall ascertain from the committee hether the name of any one appearg before them in a representative caacity other than a member of the bar ppears on the register of those entitled ‣ practice. The head of an office or vision may in his discretion temporarily ecognize any such representative pendig application for enrollment.

1.7 Complaint and disbarment proceedings.

Upon receipt of a complaint that any ttorney or other representative has een incompetent, disreputable or otherise engaged in any improper practice efore the General Accounting Office, he committee may, after due notice, nd an opportunity for a hearing, and pon finding that the charges warrant iscipliniary action, suspend for a given eriod or disbar from practice before he General Accounting Office any such ttorney or representative. The comittee shall maintain lists of those ttorneys or representatives who have een suspended or disbarred.

1.8

Authority to prosecute claims.

In the prosecution of claims involving ayments to be made by the United tates, proper powers of attorney shall Iways be filed, before an attorney or epresentative is recognized. Also, a ower of attorney from the principal may be required of attorneys or repreentatives in any case.

1.9 Amendment of rules.

The Comptroller General may withraw or amend at any time or from time O time all or any of the rules and reguations in this part, with or without preious notice, and may make such special rders as he may deem proper in any

6.41 Employees not required to submit

statements.

6.42 Employee's complaint on filing require

ment.

6.43 Where to submit statements.

6.44 When to submit statements.

6.45 Supplementary statements.

6.46 Interests of employees' relatives.

6.47 Information not known by employees. 6.48 Information not required.

6.49

6.50

Confidentiality of statements.

Review of statements by the Comptroller General.

Sec. 6.51

Review of statements by heads of divisions or offices.

6.52 Findings of no conflict of interest. 6.53 Findings of conflict of interest. 6.54 Effect of employees' statements other requirements.

on

6.55 Specific provisions for special Government employees.

6.56 Waiver of statements from certain special Government employees.

6.57 Time for submission of statements by special Government employees. 6.58 Circumstances requiring statements from special Government employees. AUTHORITY: This Part 6 issued under sec. 311, 42 Stat. 25, as amended, 31 U.S.C. 52. Interpret or apply 18 U.S.C. 201-218.

SOURCE: The provisions of this Part 6 appear at 33 F.R. 2369, Jan. 1, 1968, unless otherwise noted.

Subpart A-General Provisions

§ 6.1 Purpose of part.

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 U.S. General Accounting Office because of the unique functions and special trust placed upon the Office. General Accounting Office 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 part sets forth the regulations and policies of the General Accounting Office which prescribe standards of conduct and responsibilities including requirements for reporting employment and financial interests for its employees and special Government employees. § 6.2

Definitions.

In this part:

(a) "Employee" means an officer or employee of the General Accounting Office other than a special Government employee.

(b) "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 consecu

tive days, temporary duties either on full-time or intermittent basis (18 U.S. 202).

(c) "Person" means an individual, corporation, a company, an association a firm, a partnership, a society, a join stock company, or any other organiza tion or institution.

(d) "Former employee" means former General Accounting Office em ployee or former special Government em ployee, as defined in paragraph (b) this section.

(e) Words imparting the masculin gender include the feminine as well, and words imparting the plural include the singular.

§ 6.3 Interpretation and advisory ser ice.

The General Counsel, with the ap proval of the Comptroller General, sha designate a counselor for the Genera Accounting Office who shall be respon sible for the coordination of counseling service provided under § 6.4 and for assuring that counsel and interpreta tions on questions of conflicts of interes matters covered by this part are avail able to deputy counselors designated under § 6.4.

§ 6.4 Appointment of deputy counselors

Subject to the approval of the Comp troller General, the counselor named under § 6.3 may designate, when appropriate and needed, deputy counselors to assist General Accounting Office employees and special Government employees. Deputy counselors designated under this paragraph shall be qualified and in a position to give authoritative advice and guidance to employees and special Gov ernment employees who seek advice and guidance on conflicts of interest questions. In those divisions where no deputy counselor has been designated, the counselor for the General Accounting Office will be available to assist the employees and special Government employees.

[34 F.R. 19965, Dec. 20, 1969] § 6.5

Compliance.

The heads of divisions and offices sha be responsible for seeing to it that this part is fully complied with in their re spective divisions or offices and for issu ing whatever supplementary instruction are deemed desirable. Except as other wise specifically provided for in this part any matter coming within the provision of this part arising in the General Ac

ounting Office will be referred immeiately by the head of division or office rother official concerned to the Direc›r, Office of Personnel Management, for ppropriate disposition.

14 F.R. 19965, Dec. 20, 1969]

6.6 Disciplinary and other remedial

action.

(a) A violation of any of these regulaons by an employee or special GovernLent employee may be cause for ppropriate disciplinary action which ay be in addition to any penalty rescribed by law.

(b) When, after consideration of the planation of the employee or special overnment employee provided by § 6.53, e Comptroller General decides that medial action is required, he shall take mediate steps to end the conflicts of terest or the appearance of conflicts interest. Remedial action may include, at is not limited to:

(1) Changes in assigned duties;

(2) Divestment by the employee or ecial Government employee of his conicting interest;

(3) Disciplinary action; or

(4) Disqualification for a particular ¿signment.

6.7 Effecting disciplinary and remedial actions.

Remedial action, whether disciplinary otherwise, shall be effected in accordce with applicable laws and regula

Office they are judged by their personal associates and activities as well as by their official actions and conduct. In all their dealings, employees of the General Accounting Office 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 General Accounting Office as an agency of the Congress, demands the avoidance of circumstances which invite conflict between self-interest and the integrity of employment with the General Accounting Office. Loyalty to the Office and its programs and purposes is a necessary attribute.

An employee shall avoid any action whether or not specifically prohibited by this part, 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.

§ 6.12 Gifts, entertainment, and favors.

Except as provided in § 6.13 and § 6.16, 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 General Accounting Office; or

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