(2) Individual waivers. All parties who send, receive, or use VA veteran data must ensure data security, quality, and integrity. (y) The restrictions on disclosure of certain sensitive Government information under the Freedom of Information Act and the Privacy Act (5 U.S.C. Because she is responsible for determining which matters she will work on, she may accomplish her disqualification merely by ensuring that she does not participate in the matter. For the duration of any such detail or assignment, the employee shall not be subject to the provisions of this part, except this section, or, except as provided in paragraph (d) of this section, to any supplemental agency regulations of his employing agency, but shall remain subject to the conflict of interest prohibitions in title 18 of the United States Code. 1/1.1 The employee may accept all three of these items because they do not exceed $20 per source, even though they total more than $20 at this single occasion. An employee shall not use or permit the use of his Government position or title or any authority associated with his public office in a manner that is intended to coerce or induce another person, including a subordinate, to provide any benefit, financial or otherwise, to himself or to friends, relatives, or persons with whom the employee is affiliated in a nongovernmental capacity. Under these circumstances, the employee may attend the dinner because the dinner invitation is a result of the employee's former outside employment activities, other former employees have been asked to attend, and the gift is not offered because of the employee's official position. Const., art. The VA said that it is among the first handful of federal departments or agencies to publish such a document. Department of Veterans Affairs VA DIRECTIVE 5021 Washington, DC 20420 (a) Employment means any form of non-Federal employment or business relationship involving the provision of personal services by the employee, whether to be undertaken at the same time as or subsequent to Federal employment. It includes officers but not enlisted members of the uniformed services. The VA Designated Agency Ethics Official (DAEO) and the Office of General (2) Former employer includes any person which the employee served as an officer, director, trustee, general partner, agent, attorney, consultant, contractor or employee. Code of Ethics - Virginia An employee of the Federal Communications Commission with responsibility for drafting regulations affecting all cable television companies wishes to apply for a job opening with a cable television holding company. The provisions of this policy apply to all DVA employees, and prospective employees shall review this policy prior to accepting a position with the DVA. 643). Consideration by the Interstate Commerce Commission of regulations establishing safety standards for trucks on interstate highways involves a particular matter. While the regulatory and policy framework that governs data access, sharing, and use sets important standards about what is required with respect to data access, sharing, and use, it does not always provide definitive guidance about how VA should manage access, sharing, or use of veteran data when regulation and policy permit organizational discretion, except in cases where there are already established federally protected classes. The term also means any arrangement to compensate in exchange for services that will commence after the termination of Government service. This article As more fully described in 2635.205(d)(1), an employee may not solicit or accept a gift if to do so would be prohibited by the Federal bribery statute, 18 U.S.C. Veterans should be able to access to their own information. When it is not practical to return a tangible item in accordance with paragraph (a)(1) of this section because the item is perishable, the employee may, at the discretion of the employee's supervisor or the agency designee, give the item to an appropriate charity, share the item within the recipient's office, or destroy the item. FLRA Tickets to the event cost $150 and are tax deductible as a charitable donation, with proceeds to be donated to a local hospital. The employee may, however, write a book about the advantages of investing in various types of securities as long as the book contains only an incidental discussion of any program or operation of the SEC. %%EOF (1) Awards. An employee who cannot ascertain the actual market value of an item may estimate its market value by reference to the retail cost of similar items of like quality. The attorney could not accept compensation for teaching the same seminar as part of a continuing education program sponsored by her bar association because the subject of the course is focused on the operations or programs of the EEOC and the sponsor of the course is not an accredited educational institution. Insubordination, which for the purposes of the Department, means the refusal or failure to carry out a direct, job-related work order given by a DVA supervisor, manager or administrator who has appropriate authority, is prohibited. 9, cl. 641). 4111 or 7342, or an agency gift acceptance statute, it includes transportation, lodgings and meals, whether provided in kind, by purchase of a ticket, by payment in advance or by reimbursement after the expense has been incurred. In recognition of his service to the corporation, the board of directors votes to pay him $50,000 upon his confirmation in addition to the regular severance payment provided for by the corporate bylaws. (b) After concurrence and co-signature by the Office of Government Ethics, the agency shall submit its supplemental agency regulations to the Federal Register for publication and codification at the expense of the agency in title 5 of the Code of Federal Regulations. Specifically, it addresses the requirements of section 17 of the Stop Trading on Congressional Knowledge Act of 2012 (STOCK Act), Public Law 112105, 126 Stat. (c) Advance filing of notification and recusal statements. In contrast, his title may be used in this manner when the meteorologist is authorized by NOAA to speak in his official capacity. All VA employees are subject to the criminal conflict of interest statutes at Chapter 11 of Title 18, United States Code, and the Standards of Ethical Conduct for Employees of the Executive Branch at 5 C.F.R. contact the publishing agency. 208(a) and 2635.402. (o) The prohibitions against certain political activities (5 U.S.C. For certain employees, a regulatory exemption under the authority of 18 U.S.C. On the other hand, the employee could receive royalties from the sale of a consumer's guide to values in used automobiles even though it contains a brief, incidental discussion of automobile safety standards developed by NHTSA. (4) Gifts from foreign governments or international organizations. An employee of the Food and Drug Administration (FDA) is contacted in writing by a pharmaceutical company concerning possible employment with the company. Subsequent reciprocation by the employee does not constitute reimbursement. Thus, the company banquet would not qualify as a widely attended gathering under those circumstances either. View the most recent official publication: These links go to the official, published CFR, which is updated annually. (2) Solicit a gift to be given because of the employee's official position. Title 38 was last amended 6/30/2023. Veterans must be able to request amendments to information in their VA records if they feel it is untimely, inaccurate, incomplete, or not relevant. The employee may rely on a per-person cost estimate provided by the sponsor of the event, unless the employee or an agency designee has determined that a reasonable person would find that the estimate is clearly implausible. Unions 7351). Except as provided in this subpart, an employee may not, directly or indirectly: (1) Solicit a gift from a prohibited source; or. An employee of the Commodity Futures Trading Commission whose office computer gives him access to a commercial service providing information for investors may not use that service for personal investment research. If selected, the partner would receive a substantial increase in salary. (b) An employee is seeking employment once the employee has begun seeking employment within the meaning of paragraph (b)(1) of this section and until the employee is no longer seeking employment within the meaning of paragraph (b)(2) of this section. Where an employee knows that a particular matter involving specific parties is likely to have a direct and predictable effect on the financial interest of a member of his household, or knows that a person with whom he has a covered relationship is or represents a party to such matter, and where the employee determines that the circumstances would cause a reasonable person with knowledge of the relevant facts to question his impartiality in the matter, the employee should not participate in the matter unless he has informed the agency designee of the appearance problem and received authorization from the agency designee in accordance with paragraph (d) of this section. will bring you directly to the content. (f) Voluntary contribution means a contribution given freely, without pressure or coercion. (iii) Has served or is expected to serve for more than 60 days in a period of 365 consecutive days. (b) Reference to official position. (h) Employee means any officer or employee of an agency, including a special Government employee. Employee Relations a. .735-12 Standards of conduct in special . (2) Documentation. A nonprofit organization is sponsoring a golf tournament to raise funds for underprivileged children. (3) Gifts of intangibles. [57 FR 35041, Aug. 7, 1992; 57 FR 48557, Oct. 27, 1992; 61 FR 50691, Sept. 27, 1996; 62 FR 48748, Sept. 17, 1997]. 798 and 50 U.S.C. The Air Force officials may not accept the gifts of free attendance because (a) the contractor, rather than the association, provided the cost of their attendance; (b) the contractor designated the specific employees to receive the gift of free attendance; and (c) the value of the gift exceeds $480 per employee. Alternatively, the National Park Service may choose to accept the gift if permitted under specific statutory gift acceptance authority. will bring you to those results. (2) Resulting from the employee's outside business or employment activities when it is clear that such benefits are based on the outside business or employment activities and have not been offered or enhanced because of the employee's official status; The members of an Army Corps of Engineers environmental advisory committee that meets six times per year are special Government employees. A lock ( For purposes of this subpart, the following definitions apply: (a) Agency has the meaning set forth in 2635.102(a). (d) Agreement of future employment or compensation for the purposes of 2635.607 means any arrangement concerning employment that will commence after the termination of Government service.
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