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OM 688 (Rev)

-54-

only from organizations exempt from taxation under section 501(c)(3) of 26 U.S.C. (see Smithsonian Travel Handbook, SSH 320, Chapter 4, Part 3, and 5 U.S.C. § 4111).

(b) [[underlined]] Limitations on Reimbursements for Travel on Institution Business [[/underlined]]

Employees may not be reimbursed, or payments made on their behalf, for excessive personal living expenses, gifts, entertainment or other personal benefits.  Payment or reimbursement may not be accepted from any organization for the travel and related expenses of a spouse or other individual who is not an Institution employee and accompanies the employee while the Smithsonian activity is performed, but who does not participate substantially in the activity which requires the travel.  Such individuals may be provided, or may accept, food and incidental benefits of nominal value.

§ 12 USE OF SMITHSONIAN PROPERTY OR FUNDS

(a) [[/underlined]] Prohibition on Private Uses [[/underlined]]

Employees shall not use or allow to be used, directly or indirectly, Institution property of any kind for other than officially approved activities. Employees who engage in outside activities, paid or unpaid, must be particularly scrupulous to avoid any use of Institution property, equipment or services, in carrying out such activities.

(b) [[underlined]] Ownership of Data and Materials Prepared by the Institution [[/underlined]]

Manuscripts, lectures, and all other materials prepared by an employee within the scope of his/her employment are the property of the Institution (see 17 U.S.C. §§ 101, 201, and 105). Employees should seek the advice of the General Counsel or the Ethics Counselor before agreeing to author as a private individual any publication that substantially draws upon materials prepared in the course of carrying out Smithsonian responsibilities.

(c) [[underlined]] Laws Applying to Misuse of Smithsonian Funds [[/underlined]]

--Embezzlement or conversion of public money, property, or records to one's use (18 U.S.C. § 641);

--taking or failing to account for public funds with which an employee is entrusted in his official position (18 U.S.C. § 643);

--embezzlement or conversion of money or property in the possession of an employee by reason of his/her employment (18 U.S.C. § 654).

§ 13 RESTRICTIONS ON DISCLOSURE OF INFORMATION

Unless specifically authorized to do so, employees will not disclose any official Smithsonian information which is of a confidential nature or which represents a matter of trust, or any other information of such character that its