[Code of Federal Regulations]
[Title 49, Volume 6]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR805.735-27]

[Page 169-170]
 
                        TITLE 49--TRANSPORTATION
 
                              SAFETY BOARD
 
PART 805--EMPLOYEE RESPONSIBILITIES AND CONDUCT--Table of Contents
 
Sec. 805.735-27  Disciplinary or remedial action.

    (a) A violation of the regulations in this part by an employee or 
special Government employee may be cause for disciplinary action in 
addition to any penalty prescribed by Federal statute or regulation, 
except for active duty officers or enlisted members of the Armed Forces 
detailed to the Board in which cases disciplinary actions may be 
effected against such military personnel by the parent military service. 
Disciplinary action may take the form of a warning, suspension, 
demotion, or removal, depending upon the gravity of the offense.
    (b) Any employee or special Government employee who is charged with 
a violation of the regulations in this part shall be provided an 
opportunity to explain the violation, or appearance of violation, to the 
charging authority. The charging authority shall be the Managing 
Director of the Board.
    (c) When, after consideration of the explanation, the charging 
authority decides that disciplinary action is not required, he may take 
appropriate remedial action. Remedial action may include, but is not 
limited to:
    (1) Changes in assigned duties;
    (2) Divestment by the employee or special Government employee of any 
financial interest that conflicts, or appears to conflict, with the 
performance of his official duties; or
    (3) Disqualification for a particular assignment.
    (d) Remedial or disciplinary action shall be effected in accordance 
with any applicable laws, Executive orders, and regulations.

[40 FR 30239, July 17, 1975, as amended at 41 FR 39758, Sept. 16, 1976]

       Appendix I to Part 805--Miscellaneous Statutory Provisions

    Each Member and employee and each special Government employee has a 
positive duty to acquaint himself with each statute which relates to his 
ethical and other conduct as an officer or employee of the National 
Transportation Safety Board and of the Government. Therefore, each 
Member

[[Page 170]]

and employee and each special Government employee shall acquaint himself 
with the following statutory and nonstatutory provisions which relate to 
his ethical and other conduct:
    (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 (18 U.S.C. 201 through 209).
    (c) The prohibition against lobbying with appropriate 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 prohibition 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, 49 
U.S.C. 1472(f)).
    (g) The provision relating to the habitual use of intoxicants to 
excess (5 U.S.C. 8352).
    (h) The prohibition against the misuse of a Government vehicle (31 
U.S.C. 638a(c)).
    (i) The prohibition against the misuse of the franking privilege (18 
U.S.C. 1719).
    (j) The prohibition against the use of deceit in an examination or 
personnel action in connection with Government employment (18 U.S.C. 
1917).
    (k) The prohibition against fraud or false statements in a 
Government matter (18 U.S.C. 1001).
    (l) The prohibition against mutilating or destroying a public record 
(18 U.S.C. 2071).
    (m) The prohibition against counterfeiting and forging 
transportation requests (18 U.S.C. 508).
    (n) The prohibition 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).
    (o) The prohibition against unauthorized use of documents relating 
to claims from or by the Government (18 U.S.C. 285).
    (p) The prohibition against political activities in subchapter III 
of chapter 73 of title 5, U.S.C., and 18 U.S.C. 602, 603, 607, and 608.
    (q) The prohibition against an employee's acting as the agent of a 
foreign principal registered under the Foreign Agents Registration Act 
(18 U.S.C. 219).

    Appendix II to Part 805--Employees Required to Submit Statements

    Statements of employment and financial interests are required of the 
following:
    (a) Employees in grades GS-16 or above, or in positions not subject 
to the Classification Act paid at a rate at or above the entrance rate 
for GS-16.
    (b) Special assistants to the members.
    (c) Office of the managing director:
    (1) Legislative affairs officer.
    (2) Program analysis officer.
    (d) Attorneys in grade GS-15.
    (e) Office of public affairs:
    (1) Director.
    (2) Deputy director.
    (f) Bureau of administration:
    (1) Director.
    (2) Deputy director--personnel officer.
    (3) Chief, operations and facilities division.
    (4) Contracting specialist.
    (5) Comptroller.
    (6) Budget officer.
    (7) Accounting officer.
    (g) Division and branch chiefs within the bureaus of accident 
investigation, technology, and plans and programs.
    (h) Chief or senior investigators, field offices.

[41 FR 39758, Sept. 16, 1976]
    Note: The above regulation and its appendices were approved by the 
Civil Service Commission (OPM) on July 16, 1968, and September 13, 1972, 
respectively, prior to submission to the Office of the Federal Register.