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program would not only divert the attention of top management from certificated services but might also involve the assignment of the most competent senior operational and technical personnel, the diversion of funds at least on a shortterm basis, and the possible transfer from certificated services of aircraft and related equipment. Normally, therefore, unless substantial evidence and argu

ments are produced to the contrary, participation by subsidized carriers in technical assistance programs will be considered inconsistent with the public interest.

(Secs. 102, 408, 409 and 412 of the Federal Aviation Act of 1958, 72 Stat. 740, 767, 768, and 770; 49 U.S.C. 1302, 1378, 1379, and 1382) [Policy Statement 22, 29 FR. 5788, May 1,

1964]

CHAPTER V-NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

Part 1200

Standards of conduct.

1201-1203 [Reserved]

1204 Administrative authority and policy.

1209 Boards and committees.

1210 Development work for industry in NASA wind tunnels and engine test

facilities.

1221 Official seal and insignia.

1240 Inventions and contributions.

1245 Patents.

1250 Nondiscrimination in Federally-assisted programs of NASA-effectuation of Title VI of the Civil Rights Act of 1964.

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1200.735-605

1200.735-606

Standards of ethical conduct.

Statement of employment and financial interests.

1200.735-607 Advisory service. 1200.735-608 Review, enforcement, reporting and investigation. Appendix A-Conflicts of interest statutes. Appendix B-Categories of financial interests exempted from the prohibition of 18 U.S.C. 208(a).

Appendix C-Miscellaneous statutory provisions.

AUTHORITY: The provisions of this Part 1200 issued under E.O. 11222, of May 11, 1965, 30 F.R. 6469, 3 CFR 1965 Supp; 5 CFR 735.104.

SOURCE: The provisions of this Part 1200 appear at 31 F.R. 8418, June 16, 1966, unless otherwise noted.

§ 1200.735-1 Scope of part.

The provisions of this part prescribe regulations for the maintenance of the high ethical standards of conduct required of NASA employees, including special Government employees as they are covered by this part, in carrying out their duties and responsibilities.

§ 1200.735-2 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 § 1200.735-601 (a), and

(2) All civilian and military personnel of other Government agencies detailed to NASA.

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

(1) NASA employees except special Government employees as defined in § 1200.735-601(a), and

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

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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.

§ 1200.735-101 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 responsibilities 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 his employer.

(c) Gambling, betting, and lotteries. An employee while on Governmentowned or leased property or while on duty for the Government will not participate in any gambling activity, including the operation of a gambling device, conducting a lottery or pool, participating in a game for money or property, or selling or purchasing a numbers slip or ticket. However, participation in federally sponsored fundraising activities conducted pursuant to Executive Order 10927 is not precluded.

(d) General conduct prejudicial to the Government. An employee 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 contributions from another employee for a gift to an employee in a superior official position. An employee in a superior official position shall not accept a gift presented as a contribution from employees receiving less salary than himself. An employee shall not make a donation as a gift to an employee in a superior official position (5 U.S.C. 113).

(2) An employee will not accept a gift, present, decoration or other items from a foreign government unless authorized by Congress as provided by the Constitution and in 5 U.S.C. 114-115a (see NMI 1030.1).

(f) Miscellaneous statutory provisions. Each employee will become acquainted with the statutory provisions which 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 conflicts of interest, 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. 118p, 118r).

(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. 640).

(8) The prohibition against the misuse of a Government motor vehicle or aircraft (5 U.S.C. 78c).

(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 (5 U.S.C. 637).

(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 prohibition against proscribed political activities-The Hatch Act (5 U.S.C. 118i, and 18 U.S.C. 602, 603, 607, and 608). Such statutes are available for review in the appropriate installation counsel's office.

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