§ 735.409 $735.409 Information not required. This subpart does not require an employee to submit on a statement of employment and financial interests or supplementary statement any infor mation relating to the employee's connection with, or interest in, a professional society or a charitable, religious, social, fraternal, recreational, public service, civic, or political organization or a similar organization not conducted as a business enterprise. For the purpose of this section, educational and other institutions doing research and development or related work involving grants of money from or contracts with the Government deemed "business enterprises" and are required to be included in an employee's statement of employment and financial interests. are [33 FR 12487, Sept. 4, 1968, as amended at 40 FR 48339, Oct. 15, 1975] § 735.410 Confidentiality of employees' statements. An agency shall hold each statement of employment and financial interests, and each supplementary statement, in confidence. To insure this confidentiality, an agency shall designate which employees are authorized to review and retain the statements. Employees so designated are responsible for maintaining the statements in confidence and shall not allow access to, or allow information to be disclosed from, a statement except to carry out the purpose of this part. An agency may not disclose information from a statement except as OPM or the agency head may determine for good cause shown. 8735.411 Effect of employees' statements on other requirements. The statements of employment and financial interests and supplementary statements required of employees are in addition to, and not in substitution for, or in derogation of, any similar requirement imposed by law, order, or regulation. The submission of a statement or supplementary statement by an employee does not permit him or any other person to participate in a matter in which his or the other per Title 5-Administrative Personnel son's participation is prohibited by law, order, or regulation. § 735.412 Specific provisions of agency regulations for special Government employees. (a) Agency regulations issued under this subpart for special Government employees, as a minimum, shall contain provisions covering the reporting requirements set forth in this section. (b) Except as provided in paragraph (c) of this section, each agency head shall require each special Government employee to submit a statement of employment and financial interests which reports: (1) All other employment; and (2) The financial interests of the special Government employee which the agency determines are relevant in the light of the duties he is to perform. (c) An agency head may waive the requirement in paragraph (b) of this section for the submission of a statement of employment and financial interests in the case of a special Government employee who is not a consultant or an expert when the agency finds that the duties of the position held by that special Government employee are of a nature and at such a level of responsibility that the submission of the statement by the incumbent is not necessary to protect the integrity of the Government. For the purpose of this paragraph, "consultant" and "expert" have the meanings given those terms by Chapter 304 of the Federal Personnel Manual, but do not include: (1) A physician, dentist, or allied medical specialist whose services are procured to provide care and service to patients; or (2) A veterinarian whose services are procured to provide care and service to animals. (3) A specialist appointed for intermittent confidential intelligence consultation of brief duration. (d) A statement of employment and financial interest required to be submitted under this section shall be submitted not later than the time of employment of the special Government employee as provided in the agency. Chapter I-Office of Personnel Management regulations. Each special Government employee shall keep his statement current throughout his employment with the agency by the submission of supplementary statements. 133 FR 12487, Sept. 4, 1968, as amended at 34 FR 6515. Apr. 16, 1969) § 736.103 The Senate Subcommittee on Oversight of Govern- It would be most beneficial for the Subcommittee David R. Scott, Esquire (a) Is conduct by an Executive Branch em- (b) The current OGE director, David Martin, (c) (a) (e) During your tenure at the OGE, what During your tenure as Acting Director What procedures did the OGE follow in (3) Please respond to the following questions concerning the OGE's review of financial disclosure statements submitted by nominees requiring Senate confirmation. (a) (b) Please describe the process followed by If the Director of the OGE has found possible violations of standards of conduct or other conflict-of-interest regulations by David R. Scott, Esquire (4) (5) a presidential nominee, do you believe that such information should be reported to the Senate confirmation committee? Under what circumstances? Under what circumstances do you believe that During your tenure at the OGE, did any issues arise concerning the legal basis for the confidential financial disclosure system? What was your position on the legal authority of agencies to administer and enforce this system? I greatly appreciate your assistance to the Subcommittee in its examination of these issues. Please send your response to the Subcommittee on Oversight of Government Management, 326 Dirksen Senate Office Building, Washington, D.C., 20510 by March 28. If you have any questions, please contact Mary Gerwin of the Subcommittee staff at (202) 224-5538. With best wishes, I am WSC:mbg Sincerely, Bill Ren liam S. Cohen Chairman |