(1) Nominees. Any person nominated to be a member of the Commission must file such report within five days of the transmittal by the President to the Senate of the nomination of the individual.

(2) New entrants. Persons who have assumed a positior: described in paragraph (a) of this section must file such report within 30 days of assuming such position, unless the individual has left another Government position described in 5 CFR 734.202 within 30 days of assuming such new position or has filed such report pursuant to category (1) of this paragraph. This requirement shall not apply to an individual who, as determined by the Designated Agency Ethics Official, is not reasonably expected to perform the duties of his office or position for more than 60 days in a calendar year, except that if such individual performs the duties of his or her office or position for more than 60 days in a calendar year such report shall be filed within 15 days of the sixtieth day.

(c) Termination of employment. Persons who have terminated employment in a position described in paragraph (a) of this section must file an "Executive Personnel Financial Disclosure Report" (OPM Standard Form 278) with the Designated Agency Ethics Official within 30 days of termination of employment, unless such individual has accepted employment in another Government position described in 5 CFR 734.202. Such report shall cover:

(1) The preceding calendar year (if the report required by paragraph (a) of this section has not been filed); and

(2) The portion of the calendar year in which such termination occurs up to the date the individual left such position. This paragraph does not apply to an individual who does not perform the duties of his office or position for more than 60 days in a calendar year.

(d) Waiver. The Director of the Office of Government Ethics may grant a publicly available request for a waiver of any reporting requirement under this subsection for an individual who is expected to perform or has performed the duties of his or her office or position fewer than 130 days in a calendar year, but only if the director determines that: such individual is not a

full-time employee of the Government; such individual is able to provide services specially needed by the government; it is unlikely that the individual's outside employment or financial interests will create a conflict of interest; and public financial disclosure of such individual is not necessary in the circumstances. See 5 CFR 734.205.

(e) Extensions. The Designated Agency Ethics Official may, for good cause, grant an extension of time for filing the reports required by this section of up to 45 days. Any other extension must have the approval of the Office of Government Ethics. See 5 CFR 734.201(f).

(f) After being reviewed in accordance with §19.742 of this subpart, copies of the reports filed under paragraphs (a)(1), (a)(6), and (b)(1) of this section shall be transmitted to the Director of the Office of Government Ethics.

$19.742 Review of reports.

Each report filed under this subpart shall be reviewed by the Designated Agency Ethics Official (DAEO) within 60 days after such filing. The report filed by the DAEO shall be reviewed by the Chairman (or his or her delegate) prior to transmitting a copy to the Director of the Office of Government Ethics.

(a) If the report is in compliance with applicable laws and regulations, the report shall be so certified by the DAEO.

(b) If additional information is required, the DAEO shall notify the individual of the additional information required and the date by which it must be submitted.

(c) If the DAEO finds reason to believe, based on the information submitted, that the individual may not be in compliance with applicable laws and regulations, the DAEO shall notify the individual and afford him or her a reasonable opportunity for a written or oral response. If, after considering any such response, the DAEO concludes that an individual is not in compliance with applicable laws and regulations, the DAEO shall notify the individual of that opinion and, after an opportunity for personal consultations (if practicable), determine and notify the individual of which steps, if any, would in the DAEO's opinion be appropriate for

assuring compliance with such laws and regulations and the date by which such steps should be taken, ordinarily within 90 days. If steps for assuring compliance are not taken by the specified date, the matter shall be referred to the Commission for appropriate action (or, in the case of a Commissioner, to the President). See 5 CFR 734.604.

(d) For purposes of assisting employees, the DAEO shall maintain a list, which shall be available to employees, of those circumstances or situations which have resulted or may result in noncompliance with applicable laws and regulations. The absence of a particular circumstance from such list shall not be construed that such circumstance would be in compliance.

§ 19.743 Custody of and public access to reports.

(a) A copy of a position description shall, if available, be attached by the Designated Agency Ethics Official to each report filed pursuant to this subpart.

(b) Any report filed pursuant to this subpart shall be available for public inspection and copying within 15 days after such report is received upon fulfillment of the requirements of $0.460 of part 0 of this chapter. Such reports shall not be obtained or used: for any unlawful purpose; for any commercial purpose, other than by news and communications media for dissemination to the general public; for determining or establishing the credit rating of any individual; or for use, directly or indirectly, in the solicitation of money for any political, charitable, or other purpose.

(c) Any report filed pursuant to this subpart shall be retained by the agency and made available to the public for six years after receipt of the report. After such six-year period the report shall be destroyed unless needed in an ongoing investigation or as otherwise provided by section 205(d) of the Ethics in Government Act of 1978. See also 5 CFR 734.603(f).