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§ 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

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The Senate Subcommittee on Oversight of Govern-
ment Management will hold a hearing on oversight of
the Office of Government Ethics on Tuesday, April 2.
The primary focus of the hearing will be the OGE's im-
plementation of its duties under Title IV of the Ethics
in Government Act of 1978. The hearing will also ex-
amine implementation of post-employment conflict-of-
interest provisions of the Ethics Act and the confi-
dential disclosure system throughout the Executive
Branch.

It would be most beneficial for the Subcommittee
to have the benefit of your views on some of these
issues in light of your extensive experience with the
Ethics in Government Act and Executive Branch ethics
program in your former capacity as General Counsel and
Acting Director of the Office of Government Ethics.
While I understand that you are unable to testify in
person before the Subcommittee, I would greatly appre-
ciate your providing the Subcommittee with responses to
the following questions:

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David R. Scott, Esquire
March 14, 1985
Page Two

(a)

Is conduct by an Executive Branch em-
ployee which creates the appearance of
a conflict of interest a violation of
Executive Order 11222 or standards-of-
conduct regulations?

(b) The current OGE director, David Martin,
has described Section 201(c) of the
Executive Order as "aspirational" in
nature. Do you agree with this inter-
pretation?

(c)

(a)

(e)

During your tenure at the OGE, what
was the position of the OGE concerning
the appearance of conflicts of interest?

During your tenure as Acting Director
or General Counsel of the OGE, how did
OGE advise designated agency ethics offi-
cials to interpret the Executive Order
in situations involving the appearance
of conflicts of interest? Did the OGE
training programs address this issue?

What procedures did the OGE follow in
instances where an Executive Branch em-
ployee violated the standards-of-conduct
regulations? What types of corrective
action were pursued by the OGE in such
instances? Were these decisions on correc-
tive action made by the OGE or the agency's
designated agency ethics official? In
such instances, did the OGE follow up to
determine if action had been taken by the
DAEO?

(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
the OGE in determining whether presidential
nominees requiring Senate confirmation are
free from conflict of interest.

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
March 14, 1985
Page Three

(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
the Director of the OGE should issue public
statements on ethical matters or investiga-
tions involving Executive Branch officials?

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

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