(a) "Employee" means an employee of TVA but does not include a special Government employee or a member of the uniformed services.

(b) "Executive order" mean Executive Order 11222 of May 8, 1965.

(c) "General Manager" means the General Manager of TVA.

(d) "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.

(e) "Special Government employee" means a "special Government employee" as defined in section 202 of title 18 of the United States Code who is employed by TVA (i.e., an employer-employee relationship is established), but does not include a member of the uniformed services.

(f) "TVA Board" or "Board" means the Board of Directors of TVA.

(g) "Uniformed services" has the meaning given that term by section 101 (3) of title 37 of the United States Code.

§ 300.735-3 Interpretation and advisory service.

The General Manager is designated as counselor for TVA. As such he is TVA's designee to the U.S. Civil Service Commission on matters covered by the regulations in this part; he coordinates TVA's counseling services and assures that counseling and interpretations on questions of conflict of interest and other matters covered by the regulations in this part are available to deputy counselors. He designates other officials as deputy counselors as he deems necessary. Deputy counselors are responsible for providing authoritative advice and guidance to each employee and special Government employee who seeks advice on matters covered by the regulations in this part. § 300.735-4 Reviewing statements of employment and financial interests. Each statement of employment and financial interests submitted under §§ 300.735-41 through 300.735-49 is reviewed as follows:

(a) A statement submitted by the General Manager is reviewed by the TVA Board.

(b) Statements submitted by employees or special Government employees reporting directly to the General Manager are reviewed by the General Manager.

(c) Statements submitted by other employees or special Government employees are reviewed by the General Manager or by officials he designates.

(d) The employee or special Government employee is provided an opportunity to explain a conflict or apparent conflict of interest.

(e) The reviewer obtains from the employee or special Government employee or from any other source such additional information as he deems advisable in any case where he determines a conflict or apparent conflict of interest may exist.

(f) A conflict or appearance of conflict of interest that is not resolved at a lower level is reported to the TVA Board through the counselor designated under § 300.735-3.

§ 300.735-5 Disciplinary and other remedial action.

(a) A violation of the regulations in this part may be cause for appropriate disciplinary action which may be in addition to any penalty prescribed by law.

(b) Remedial action to end a conflict or appearance of conflict of interest may include, but is not limited to:

(1) Changes in assigned duties;

(2) Divestment by the employee or special Government employee of his conflicting interest;

(3) Removal from position or resignation;

(4) Disqualification for a particular assignment.

(c) Any of the foregoing actions shall be effected in accordance with applicable laws, Executive orders, and regulations.

§ 300.735-6 Administration of regulations.

Except as specifically provided otherwise, the administration of the regulations in this part and the applicable regulations of the U.S. Civil Service Commission under the Executive order is hereby delegated to the General Manager and to offices, divisions, and officials he designates.

Subpart B-Ethical and Other Conduct Standards and Responsibilities of Employees

§ 300.735-11 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;

(c) Impeding TVA efficiency or economy;

(d) Losing complete independence or impartiality;

(e) Making a TVA decision outside official channels; or

(f) Affecting adversely the confidence of the public in the integrity of TVA. § 300.735-12 Gifts, entertainment, and favors.

(a) Except as provided in paragraphs (b) and (e) of this section, 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:

(1) Has, or is seeking to obtain, contractual or other business or financial relations with TVA;

(2) Conducts operations or activities that are regulated by TVA; or

(3) Has interests that may be substantially affected by the performance or nonperformance of his official duty. (b) An employee may:

(1) Accept a gift or favor or other thing of monetary value when the circumstances make it clear that it is an obvious family or personal relationship (such as that between the parents, children, or spouse of the employee and the employee) which motivates the gift and its acceptance rather than the business of the persons concerned;

(2) Accept food and refreshments of nominal value on infrequent occasions in the ordinary course of a luncheon or dinner meeting or other meeting or on an inspection tour where an employee may properly be in attendance;

(3) Accept loans from banks or other financial institutions on customary terms to finance proper and usual activities of employees, such as home mortgage loans; and

(4) Accept unsolicited advertising or promotional material, such as pens, pencils, note pads, calendars, and other items of nominal intrinsic value.

(c) An employee shall 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 from an employee receiving less pay than himself (5 U.S.C. 7351). However, this paragraph does not prohibit a voluntary gift of nominal value or donation in a nominal amount made on a special occasion such as marriage, illness, or retirement.

(d) An employee shall 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.

(e) Neither this section nor § 300.73513 precludes an employee from receipt of bona fide reimbursement, unless prohibited by law, for expenses of travel and such other necessary subsistence as is compatible with this part for which no Government payment or reimbursement is made. However, this paragraph does not allow an employee to be reimbursed, or payment to be made on his behalf, for excessive personal living expenses, gifts, entertainment or other personal benefits, nor does it allow an employee to be reimbursed by a person for travel on official business under agency orders when reimbursement is proscribed by Decision B-128527 of the

(a) An employee shall not engage in outside employment or other outside activity, including holding a State or local government office, not compatible with the full and proper discharge of the duties and responsibilities of his TVA employment. Incompatible activities include but are not limited to:

(1) Acceptance of a fee, compensation, gift, payment of expense, or any other thing of monetary value in circumstances in which acceptance may result in, or create the appearance of, conflicts of interest.

(2) Outside employment which tends to impair the employee's mental or physical capacity to perform his Government duties and responsibilities in an acceptable manner.

(3) Outside employment which would conflict with or reduce the employee's effectiveness in his TVA job or adversely affect TVA's relations with the public.

(b) An employee may not accept outside consulting work without prior TVA approval. Employees who perform consulting work for others, do so in accord with concepts and policies followed by TVA as an agency in the particular subject-matter field. For purposes of this section, consulting work is that which involves primarily the provision of expert judgment and advice to others, as contrasted with direct work performance.

(c) (1) An employee may not receive any salary, or any contribution to or supplementation of salary, as compensation for his service as an employee from any source other than the Government of the United States, except as may be contributed out of the treasury of any State, county, or municipality (18 U.S.C. 209).

(2) The above provision does not prevent an employee from continuing to participate in a bona fide pension, retirement, group life, health or accident insurance, profit-sharing, stock bonus, or other employee welfare or benefit plan maintained by a former employer.

(d) Employees may engage in teaching, lecturing, and writing that is not prohibited by law, the Executive order, or the regulations in this part. However, an employee shall not, either for or without compensation, engage in teaching, lecturing, or writing, that is dependent

on information obtained as a result of his Government employment, except when that information has been made available to the general public or will be made available on request, or when the General Manager, after obtaining prior concurrence of the Board, gives written authorization for the use of nonpublic information on the basis that the use is in the public interest.

(e) This section does not preclude an employee from:

(1) Participation in the activities of national or State political parties not proscribed by law or TVA policy.

(2) Participation in the affairs of or acceptance of an award for a meritorious public contribution or achievement given by a charitable, religious, professional, social, fraternal, nonprofit educational and recreational, public service, or civic organization.

[33 F.R. 19168, Dec. 24, 1968] § 300.735-14

Financial interests.

(a) An employee shall not:

(1) Have a direct or indirect financial interest that conflicts substantially, or appears to conflict substantially, with his TVA duties and responsibilities; or

(2) Engage in, directly or indirectly, a financial transaction as a result of, or primarily relying on, information obtained through his TVA employment.

(b) This section does not preclude an employee from having a financial interest or engaging in financial transactions to the same extent as a private citizen not employed by TVA so long as it is not prohibited by law, the Executive order, or the regulations in this part. § 300.735-15

erty.

Use of Government prop.

An employee shall 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. § 300.735-16 Misuse of information.

For the purpose of furthering a private interest, an employee shall not, except as provided in § 300.735-13(d), directly or indirectly use, or allow the use of, official information obtained through or in connection with his TVA employment which has not been available to the general public.

one ac

An employee shall pay each just financial obligation in a proper and timely manner, especially one imposed by law such as Federal, State, or local taxes. For the purpose of this section, a "just financial obligation" means knowledged by the employee or reduced to judgment by a court, and “in a proper and timely manner" means in a manner which TVA determines does not, under the circumstances, reflect adversely on TVA as his employer. In the event of a dispute between an employee and an alleged creditor, this section does not require TVA to determine the validity or amount of the disputed debt. § 300.735-18 lotteries.

Gambling, betting, and

An employee shall not participate, while on Government owned or leased property or while on duty for the Government, in any gambling activity including the operation of a gambling device, in conducting a lottery or pool, in a game for money or property, or in selling or purchasing a numbers slip or ticket. However, this section does not preclude activities:

(a) Necessitated by an employee's law enforcement duties; or

(b) Under section 3 of Executive Order 10927 and similar TVA-approved activities.

Each employee shall acquaint himself with each statute that relates to his ethical and other conduct as an employee of TVA and of the Government. These statutes are as follows:

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

(b) Chapter 11 of title 18, United States Code, relating to bribery, graft, and conflicts of interest, as appropriate to the employees concerned.

(c) The prohibition against lobbying with appropriated funds (18 U.S.C. 1913). (d) The prohibitions against disloyalty and striking (5 U.S.C. 7311, 18 U.S.C. 1918).

(e) The prohibition against the employment of a member of a Communist organization (50 U.S.C. 784).

(f) The prohibitions against (1) the disclosure of classified information (18 U.S.C. 798, 50 U.S.C. 783); and (2) the disclosure of confidential information (18 U.S.C. 1905).

(g) The prohibition against the misuse of a Government vehicle (31 U.S.C. 638a(c)).

(h) The prohibition against the misuse of the franking privilege (18 U.S.C. 1719).

(i) The prohibition against fraud or false statements in a Government matter (18 U.S.C. 1001).

(j) The prohibition against mutilating or destroying a public record (18 U.S.C. 2071).

(k) The prohibition against counterfeiting and forging transportation requests (18 U.S.C. 508).

(1) The prohibitions against (1) embezzlement of Government money or property (18 U.S.C. 641); (2) failing to account for public money (18 U.S.C. 643); and (3) 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).

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

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

(0) 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). Subpart C-Ethical and Other Conduct Standards and Responsibilities of Special Government Employees § 300.735-31 Use of TVA employment.

A special Government employee of TVA shall not use his TVA employment for a purpose that is, or gives the appearance of being, motivated by the desire for private gain for himself or another person, particularly one with whom he has family, business, or financial ties. § 300.735-32 Use of inside information.

(a) A special Government employee shall not use inside information obtained as a result of his TVA employment for private gain for himself or another per