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speak for the agency in areas of their as- creased interest dictates that NASA issigned responsibility and are free to sue a release on the subject. discuss publicly agencywide matters. (f) (1) NASA shall provide the follow

(3) Directors of Field Installations ing news and information media with and their designees are free to discuss or assist such media in the collection of publicly matters falling clearly within written material, news-oriented films, their area of assigned responsibilities. photographs, sound tape, or visual aids

(d) (1) News and information media which will assist them in their coverage representatives shall be treated courte- of NASA programs and activities: ously and NASA personnel shall respond (i) Newspapers, including foreign promptly to their requests for informa- language newspapers. tion or interviews. Interviews shall not (ii) Magazines, including specialized be monitored nor shall NASA personnel trade journals and general interest so interviewed be required to report the magazines and special issues. nature of these interviews.

(iii) House organs, both governmental (2) Normally, requests for interviews and private industry. with NASA officials shall be made (iv) Television and radio (in this con. through the appropriate public informa- text, refers to news coverage and the tion office; however, newsmen shall not preparation of one-time interpretative be prohibited from making direct con- reports which are an extension of news). tacts with those NASA officials they seek (v) Industry annual reports to stockto interview.

holders. (3) In any interview, information (vi) Advertising agencies. given to the press shall be on an "on-the- (vii) Public and university libraries. record” basis only and attributable to (2) NASA shall respond promptly to the person(s) making the remarks. Any queries from information media and NASA employee providing material to industry, and cooperate with contracthe press shall identify himself as the tors in their release of NASA related source.

informational material including ad(e) (1) When any public information vertising. is volunteered by a NASA official, it shall (3) NASA's central repository of be offered to all news media at the same audiovisual material shall be available to time on an equal basis. Exclusive stories information media and to all NASA shall not be volunteered.

installations. (2) When a correspondent on his own (g) (1) All Headquarters press reinitiative is developing a story which he leases shall be issued by the Public Inbelieves no other correspondent has and formation Division. requests assistance and/or information (2) The Director of a Field Installafrom NASA officials for an “exclusive" tion is authorized to issue press releases story, such requests may be honored if for which the field installation is the NASA has no immediate plans to issue a primary or sole source, and to review release on the same subject, provided material received from its contractors that:

prior to its public release for technical (i) When the “exclusive" story is accuracy. Normally, NASA Headquarters issued, NASA shall be free to respond to will not speak for a field installation on inquiries generated by the “exclusive." a matter solely within the province of

(ii) If another query is received on an that installation (as distinct from a pro“exclusive" story before the first corre- gram) except when: spondent publishes his story, NASA shall (1) Field installations request Headbe obligated to answer the query from quarters representation. the second correspondent and to advise

(ii) Time and circumstance dictate & the first correspondent of the situation.

prompt Headquarters response to the (iii) If a query is received from a

issue involved. third correspondent on the same material

133 F.R. 19797, Dec. 27, 1968] before the "exclusive" is published, this $ 1206.1002 Responsibility. shall signify to NASA an increasing in

(a) (1) The Assistant Administrator terest in the subject; therefore, NASA

for Public Affairs, responsible for the may prepare and issue its own story

development and overall administration on the subject. In such case, the first and of an integrated NASA-wide public afsecond correspondents shall be advised fairs program, designates the Director of by the Office of Public Affairs that in- Public Information Division as the functional manager of public information Sec. activities. The Director, Public Informa

1207.735-309 Related statutory provisions. tion, will:

Appendix A-Procedures for Permission TO

Engage in Outside Emplog(i) Coordinate and direct all Head

ment or Other Outside quarters and agencywide public informa

Activity. tion activities.

(ii) Coordinate all agencywide news- Subpart - Financial Interests and Investments oriented audiovisual activities.

1207.735-400 Scope of subpart. (iii) Keep Headquarters Program and 1207.735-401 General. Functional Offices and Field Installa

1207.735-402 Statutory prohibitions against

acts affecting tion Directors fully informed on all news

& personal

financial interest. releases affecting their areas of

1207.735-403 Waiver of statutory prohibi. operation.

tion. (2) The Public Affairs Officers assigned

1207.735–404 Statement of employment and to Headquarters Program and Func

financial interests. tional Offices (and accountable to the Appendix A-Waiver Procedures. Director of Public Information Division Appendix B-Categories of Financial Interfor public information activities only)

ests Exempted From the

Prohibition of 18 US.C. are responsible for developing plans and

208(a). coordinating all public information activ

Appendix O—Procedures for Filing State. ities covering their respective Head

ments of Employment and quarters Program and Functional Offices

Financial Interests. and field installations. (b) Directors of field installations are

Subpart Advisory Service and Enforcement responsible for initiating and obtaining

1207.735-500 Scope of subpart. concurrences for information programs

1207.735-501 Use of advisory service. and public releases issued by their re

1207.735-502 Designation of counselors and

statement of functions. spective installations and component in

1207.735-503 Review, enforcement, reportstallations geographically located apart

ing, and investigating. from their parent installation subject to the provisions of NMI 1134.6.

Subpart -Standards of Conduct for Special

Government Employees (33 F.R. 19798, Dec. 27, 1968)

1207.735–600 Scope of subpart.

1207.735-601 Definitions. PART 1207_-STANDARDS OF 1207.735–602 Applicability. CONDUCT

1207.735-603 Application of conflict of inSec.

terest statutes. 1207.735-1 Scope of part.

1207.735–604 Other statutes. 1207.735-2 Applicability.

1207.735-605 Standards of ethical conduct.

1207.735-606 Statement of employment and Subpart A--General Provisions

financial interests. 1207.735-100 Ethical standards of conduct.

1207.735-607 Advisory service. 1207.735-101 Other general standards of

1207.735-608 Review, enforcement, reportconduct.

Ing, and investigation.

Appendix A-Conflict of Interests Statutes. Subpart B--Acceptance of Gifts, Gratuities, or

Appendix B-Categories of Financial Inter. Entertainment

ests Exempted From the 1207.735–200 Scope of subpart.

Prohibition of 18 U.S.C. 1207.735-201 Policy.

208(a). 1207.735-202 Statutory prohibitions.

Appendix C-Miscellaneous Statutory Pro

visions. Subpart C-Outside Employment and Other Activity

AUTHORITY: The provisions of this part 1207.735-300 Scope of subpart.

1207 are issued under E.O. 11222, of May 11, 1207.735-301 Definition.

1965, 30 F.R. 6469, 3 CFR 1965 Supp.; 1207.735–302 Policy.

5 CFR 735.104. 1207.735-303 Guidelines and limitations.

SOURCE: The provisions of this Part 1207 1207.735-304 Distinction between official

appear at 32 F.R. 14648, Oct. 21, 1967, unless and nonofficial activities.

otherwise noted. 1207.735-305 Compensation, honorariums, travel expenses.

$ 1207.735-1 Scope of part. 1207.735–306 (Reserved] 1207.735–307 Special conditions applicable

The provisions of this part prescribe to writing and editing. regulations for the maintenance of the 1207.735-308 Administrative approval. high ethical standards of conduct re

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quired of NASA employees, including special Government employees as they are covered by this part, in carrying out their duties and responsibilities. $ 1207.735–2 Applicability.

(a) The provisions of Subparts A, B, C and D of this part are applicable to:

(1) All regular officers and employees of NASA (referred to hereinafter as “employees”), but not special Government employees as defined in 8 1207.735– 601(a), and

(2) All civilian and military personnel of other Government agencies regularly detailed to NASA. (Also referred to hereinafter as “employees”.)

(b) The provisions of Subpart E are applicable to:

(1) NASA employees except special Government employees as defined in 8 1207.735--601(a), and

(2) Civilian and military personnel of other Government agencies regularly detalled to NASA; however, disciplinary action may be effected against such civillan or military personnel only by the parent employing agency or military service,

(c) The provisions of Subpart F are applicable only to special Government employees as defined in 8 1207.735601(a).

Subpart A-General Provisions $ 1207.735–100 Ethical standards of

conduct. Each NASA employee will refrain from any use of his official position which is motivated by, or has the appearance of being motivated by, the desire for private gain for himself or other persons. He must conduct himself in such a manner that there is not the slightest suggestion of the extracting of private advantage from his Government employment. Pursuant to this policy, each NASA employee will observe the following standards of conduct:

(a) He will not as a result of, or on the basis of, any information derived from his official position or from the official position of other NASA employees with whom he associates, engage, directly or Indirectly, in any business transaction or arrangement, including the buying or selling of securities or recommending the purchase or sale of securities to other persons.

(b) He will exercise care in his personal financial activities to avoid any

appearance of acting on the basis of information obtained in the course of performing his Government duties.

(c) If he acquires information in the course of performing his Government duties that is not generally available to those outside the Government, he will not use this information to further a private interest or for the special benefit of a business or other entity in which he has a financial or other interest.

(d) He will not use his Government position in any way to coerce, or give the appearance of coercing, another person to provide any financial benefit to him or to other persons.

(e) He will avoid any action, whether or not specifically prohibited by law or regulation (including the provisions of this part), which might result in, or create the appearance of:

(1) Using his public office for private gain;

(2) Giving preferential treatment to any organization or person;

(3) Impeding Government efficiency or economy;

(4) Losing his independence or impartiality of action;

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

(6) Affecting adversely the confidence of the public in the integrity of the Government. § 1207.735–101 Other general standards

of conduct. (a) Use of Government property. An employee will not directly or indirectly use, or allow the use of. Government property of any kind, including 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.

(b) Indebtedness. The indebtedness of NASA employees is considered to be essentially a matter of their own concern. NASA will not be placed in the position of acting as a collection agency or of determining the validity or amount of contested debts. Nevertheless, NASA employees are expected to honor in a proper and timely manner, debts which are acknowledged by the employee to be valid or which have been reduced to final judgment by a court, or to make or adhere to satisfactory arrangements for the settlement of such debts. Employees are also expected to meet their respon

sibilities for payment of Federal, State, and local taxes. For the purpose of this paragraph, “in a proper and timely manner" means in a manner which NASA determines does not, under the circumstances, reflect adversely on NASA as the employing agency.

(c) Gambling, betting, and lotteries. While on Government owned or leased property, or while on duty for the Government, NASA employees will not participate in any gambling activity, including the operation of a gambling device; in conducting a lottery or pool; in participating in a game for money or property; or in selling or purchasing a numbers slip or ticket. However, participation in federally sponsored fund-raising activities conducted pursuant to Executive Order 10927, or in similar NASAapproved activities, is not precluded.

(d) General conduct prejudicial to the Government. NASA employees will not engage in criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct, or any other conduct prejudicial to the Government.

(e) Statutory prohibitions relating to gifts and decorations. (1) An employee will 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 salary than himself (5 U.S.C. 7351). However, this paragraph (e) does not prohibit a voluntary gift of nominal value or a donation in a nominal amount made on a special occasion such as marriage, illness or death, or retirement.

(2) An employee will not accept a gift, present, decoration, or other thing from a foreign government unless authorized by Congress as provided by the Constitution and in 5 U.S.C. 7342 (see NMI 1030.1A).

(f) Miscellaneous statutory provisions. Each employee will become acquainted with the statutory provisions that relate to his ethical and other conduct, among which the following are particularly relevant:

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

(2) Chapter 11 of title 18, United States Code, relating to bribery, graft, and conflict of interests, as appropriate to the employees concerned.

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

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

(5) The prohibition against the employment of a member of a 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 (ii) the disclosure of private or proprietary 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 motor vehicle or aircraft (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 U.S.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 (i) embezzlement of Government money or property (18 U.S.C. 641); (ii) failing to account for public money (18 U.S.C. 643); and (iii) 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 prohibitions against proscribed political activities ("The Hatch Act”—5 U.S.C. 7324–7327; 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). The foregoing statutes are available for review in the appropriate installation Counsel's office.

Subpart B-Acceptance of Gifts, he should carefully reexamine the proviGratuities, or Entertainment

sions of this subpart and consult with

the Agency Counselor or a Deputy Coun$ 1207.735–200 Scope of subpart.

selor in accordance with Subpart E of This subpart establishes NASA policy

this part. Each NASA employee will so with respect to the acceptance of gifts, govern his conduct in the light of this gratuities, entertainment (including

subpart, as to have no difficulty in justimeals), favors, loans, or any other thing

fying his actions if required to do so. of monetary value by NASA employees.

(d) The following are exceptions to

the general rule set forth in paragraph & 1207.735–201 Policy.

(b) of this section: (a) It is NASA policy not to interfere (1) Acceptance of food and refreshin the private lives of NASA employees ments of nominal value on infrequent and their families. However, certain con- occasions in the ordinary course of a duct involving acceptance of gifts, gra- luncheon or dinner meeting or other tuities, entertainment (including meals), meeting or on an inspection tour where favors, loans, or any other thing of mon- the arrangements are consistent with etary value, which does not fall within the transaction of official business. any specific statutory prohibition, must (2) Acceptance of modest entertainbe regulated in view of the nature of the ment, such as a meal or refreshments, in official duties of the employee and the connection with attendance at widely atspecial responsibilities that are assumed tended gatherings sponsored by indusby a person who accepts Federal em- trial, technical, or professional organizaployment.

tions; or in connection with attendance (b) Except as provided in paragraph at public ceremonies or similar activities (d) of this section, and in $ 1207.735- financed by nongovernmental sources 101(e), the direct or indirect solicitation where the NASA employee's participation or acceptance by a NASA employee or on behalf of NASA is the result of an his spouse or minor child of any gift, invitation addressed to him in his official gratuity, entertainment (including capacity and is approved as a part of his meals), favors, loan, or any other thing official duties, and the entertainment acof monetary value from any person, cor- cepted is related to, and in keeping with, poration, or group is forbidden if the his official participation. employee has reason to believe that the (3) Acceptance of gifts, favors or enperson, corporation, or group:

tertainment, where there is an obvious (1) Has or is seeking to obtain con- family or personal relationship between tractual or other business or financial re- the employee, or between his spouse, chillationships with NASA; or

dren or parents, and the donor, and (2) Has interests which may be sub- where the circumstances make it clear stantially affected by such employee's that it is that relationship rather than performance or nonperformance of his the business of the persons concerned official duty; or

which is the motivating factor for the (3) Is in any way attempting to affect gift, favor or entertainment. the employee's official action.

(4) Purchase of articles at advanta(c) There are certain exceptions to

geous rates where such rates are offered the foregoing general rule which are set to Government employees as a class. forth in paragraph (d) of this section. (5) Acceptance of loans from banks The application of these exceptions will or other financial institutions on cusrequire the exercise of good judgment tomary terms to finance proper and usual and common sense by NASA employ- activities of employees, such as home ees. In determining whether one mortgage loans. more of the exceptions apply. NASA (6) Acceptance of unsolicited adveremployees shall be guided by the tising or promotional material, such as principle that situations having an pens, pencils, note pads, calendars, or appearance which might, whether jus- other items of nominal value. tifiably or not, bring discredit to the (7) Acceptance of incidental transGovernment or to NASA shall be portation in kind from a private organiavoided. If an employee finds that his zation, provided it is furnished in connecacceptance of a meal, or of refreshments tion with the performance of the employor entertainment pursuant to one of the ee's official duties and is of a type customexceptions under paragraph (d) of this arily provided by the private organizasection occurs other than infrequently, tion. (For further guidance concerning

or

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