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$ 105–735.402 Criteria for selection of a level of responsibility that the submis

positions subject to filing require- sion of a statement of employment and ment.

financial interests is not necessary beThe following criteria govern the se

cause of the degree of supervision and

review over the incumbent or the inconlection of positions which are subject to the requirement of filing employment

sequential effect on the integrity of the and financial interests statements:

Government. (a) Positions paid at a level of the

(f) With respect to special GovernFederal Executive Salary Schedule in

ment employees, a statement of emsubchapter II of chapter 53 of Title 5,

ployment and financial interests is reUnited States Code, except the position

quired only when the special Governof the Administrator (which is subject

ment employee is a consultant or exto the separate reporting requirements

pert. of section 401 of Executive Order 11222

(32 F.R. 15023, Oct. 31, 1967] of May 8, 1965).

$ 105–735.403 Identification

of posi(b) Positions in grade GS-13 or above tions and incumbents. under 5 U.S.C. 5332, or at a comparable

(a) Subpart 105–735.6 lists employee pay level under another authority, the

positions selected under the criteria in incumbents of which are responsible for

§ 105–735.402, approved as necessary by making a Government decision or taking

the Administrator, requiring the incuma Government action in regard to:

bents thereof to file statements of em(1) Contracting or procurement; ployment and financial interests. Here

(2) Administering or monitoring after, the Heads of Central Office and grants or subsidies;

Regional Office Services and Staff Of(3) Regulating or auditing private or fices shall promptly submit a report to other non-Federal enterprise; or

the agency counselor (through the re(4) Other activities where the decision gional agency counselor in the regions) or action has an economic impact on the identifying the specific positions, which, interests of any non-Federal enterprise. from time to time, under the criteria in

(c) Positions in grade GS-13 or above § 105–735.402 (b), (d), and (e), should under 5 U.S.C. 5332, or at a comparable be added to or deleted from the list of pay level under another authority, the positions in Subpart 105–735.6. Positions duties and responsibilities of which re- so reported shall, after approval by the quire the incumbent to report employ- Administrator, be added to or be dement and financial interests in order to leted from the list in Subpart 105-735.6. avoid involvement in a possible con- The Assistant Administrator for Adflicts-of-interest situation and carry out ministration, or the Regional Director the purpose of law, Executive order, and of Administration, will include in his Civil Service Commission and GSA reg- report any positions not in a service or ulations.

staff office; for example, those in the (d) Positions below grade GS-13 un- Administrator's or Regional Administrader 5 U.S.C. 5332, or at a comparable pay

tor's immediate office. level under another authority, which

(b) These reports shall also contain a meet the criteria in paragraphs (b) or description of the incumbents of the (c) of this section, and have been spe

specified positions by name, title, grade, cifically designated in $$ 105-735.604(b) and organizational location. In addition, (8), 105–735.606(a) (3), 105–735.609(b) a like report of such descriptions shall (3), and 105–735.610(b) (2) and (3), as

promptly be made with respect to: exceptions essential to protect the in

(1) Incumbents now occupying positegrity of the Government and avoid em- tions listed in Subpart 105-735.6. ployee involvement in a possible con

(2) Any later incumbent of a specified flicts-of-interest situation.

position. (e) However, positions that meet the

(3) Any incumbent of a specified posicriteria of paragraph (b) of this section

tion who holds that position on an “actmay be excluded from the reporting re

ing” basis for more than 10 days in a quirement when: (1) the duties of the year, continuously or otherwise. position are such that the likelihood of

However, descriptions of regional incumthe incumbent's involvement in a con- bents shall not be forwarded by the reflicts-of-interest situation is remote; or gional agency counselor to the agency (2) the duties of the position are at such counselor.

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(c) All future positions that qualify cial interests or supplementary statement under the criteria in § 105–735.402 shall any information relating to the embe promptly processed in the manner ployee's connection with, or interest in, provided in this section, so that the re- a professional society or a charitable, quired employment and financial inter- religious, social, fraternal, recreational, ests statements may be submitted not public service, civic, or political organilater than 30 days after the employee's zation or a similar organization not conentrance on duty. With respect to a ducted as a business enterprise. For this special Government employee, the state- purpose, educational and other institument shall be submitted not later than tions doing research and development or the time of his employment.

related work involving grants of money (31 F.R. 4328, Mar. 11, 1966, as amended at from or contracts with the Government 32 F.R. 15023, Oct. 31, 1967)

are deemed “business enterprises” and $ 105-735.404 Supplementary

are required to be included in an em

statements.

ployee's statement of employment and

financial interests. These provisions also Changes in, or additions to, the information contained in an employee's

apply to special Government employees. statement of employment and financial

$ 105–735.408 Confidentiality of stateinterests shall be reported in a supple

ments. mentary statement as of June 30 each Each statement of employment and year. If no changes or additions occur, financial interests and each supplemena negative report is required. Notwith- tary statement shall be held in confidence standing the filing of the annual report, by the agency counselor and regional each employee shall at all times avoid agency counselors. Employees so desigacquiring a financial interest that could nated are responsible for maintaining the result, or taking an action that would statements in confidence and shall not result, in a violation of the conflicts-of- allow access to or allow information to interest provisions of 18 U.S.C. 208, Sub- be disclosed from a statement except to part B of 5 CFR Part 735, or these GSA carry out the purpose of this part. An regulations. Each special Government

agency may not disclose information employee shall keep his statement cur- from a statement except as the Adminrent throughout his employment with istrator or the Civil Service Commission GSA by the submission of supplementary may determine for good cause shown. statements.

(32 F.R. 15023, Oct. 31, 1967) [32 F.R. 15023, Oct. 31, 1967]

§ 105–735.409 Effect of statements on § 105–735.405 Interests of relatives.

other requirements. The interest of a spouse, minor child, The statements of employment and or other member of an employee's im- financial interests and supplementary mediate household is considered to be an statements required by employees are in interest of the employee. For the purpose addition to, and not in substitution for, of this section, “member of an employee's or in derogation of, any similar requireimmediate household” means those blood ment imposed by law, order, or regularelations who are residents of the em- tion. The submission of a statement or ployee's household and excludes in-laws. supplementary statement by an employee These provisions also apply to special does not permit him or any other person Government employees.

to participate in a matter in which his $ 105–735.406 Information not known

or the other person's participation is by employee.

prohibited by law, order, or regulation.

These provisions also apply to special If any information required to be in- Government employees. cluded on a statement of employment and financial interests or supplementary

$ 105–735.410 Responsibility for review statement, including holdings placed in

of employment and financial inter

ests statements. trust, is not known to the employee but is known to another person, the employee

(a) The agency counselor is responsishall request that other person to submit

ble for receiving, reviewing, and retaining information in his behalf.

all statements of employment and finan§ 105–735.407 Information prohibited.

cial interests submitted by Central Office

personnel and by each regional agency An employee is not required to submit

counselor under ss 105-735.104(b) and on a statement of employment and finan- 105-735.412(b).

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(b) Each regional agency counselor is $ 105–735.412 Resolving conflicts of responsible for receiving, reviewing, and interest. retaining statements of employment and

(a) When in his review of an emfinancial interests submitted by regional

ployee's or special Government emoffice personnel.

ployee's statement of employment and [32 F.R. 15023, Oct. 31, 1967]

financial interests, the agency counselor $ 105–735.411 Procedure in obtaining

or a regional agency counselor has reastatements.

son to believe that a possible conflict of

interests exists, or requires more infor(a) The agency counselor in the Cen

mation on which to make a judgment, tral Office (regional agency counselor in

he shall contact the individual and offer a region), upon receipt of the descriptions referred to in § 105–735.403(b),

him an opportunity to provide additional shall have delivered to the incumbent information or furnish any explanation of each selected or approved position two

he deems pertinent. This information copies of the appropriate statement of

must be documented for the file and kept employment and financial interests form. confidential. An enclosure with the forms will advise (b) When, after consideration of the that:

explanation offered, a determination is (1) The original of the completed

made that a conflict or possible conflict of form must be returned in a sealed enve

interests exists, an effort should be made lope, marked “Personal-In Confidence" by the agency counselor, or regional to the agency counselor in the Central agency counselor, to resolve the conflict Office or the regional agency counselor

in a manner that is mutually acceptable. in a region, as appropriate, no later than

When in his judgment a conflict or pos30 days thereafter.

sible conflict of interests exists which (2) The services of a deputy counselor

cannot be satisfactorily resolved at the are available to advise and counsel, if regional level, the regional agency counneeded.

selor is responsible for referring the case (3) Any additions or deletions to the to the agency counselor. information furnished must be reported

(c) When efforts of the agency counin a supplementary statement at the end selor are unsuccessful in resolving a conof the calendar quarter in which the flict or apparent conflict, the case will change occurs; or, in the case of a special be referred to the Administrator for Government employee, at the time the decision. change occurs.

(d) Remedial action directed by the (4) With reference to the requirement Administrator may include but is not in subparagraph (3) of this paragraph, limited to: a negative report will not be required; (1) Disqualification for a particular however, for the purpose of an annual assignment. review, a supplementary statement, neg- (2) Change in assigned duties. ative or otherwise, is required as of June (3) Divestment by the employee or

special Government employee of his (5) The information reported will be conflicting interest. held confidential.

(4) Disciplinary action, including re(b) The Personnel Division shall be moval. responsible for assuring that a completed

§ 105–735.413 Employee complaint statement of employment and financial

against filing requirement.
interests is obtained from each new spe-
cial Government employee who is sub-

An employee required to file a stateject to the requirement before or at the

ment of employment and financial intertime of entrance on duty. Such state- ests under Subpart 105–735.4 who ment shall be forwarded for review by

believes that his position has been imthe Personnel Division to the agency

properly included under these regulations counselor or regional agency counselor, may request a review of such inclusion, as appropriate.

in accordance with the GSA Grievance [31 F.R. 4328, Mar. 11, 1966, as amended at

Procedure. 32 F.R. 15024, Oct. 31, 1967]

[32 F.R. 15024, Oct. 31, 1967)

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30 each year.

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or alter.

a) GS-15 fectin with

b) (1) 2) (3)

Affair 32P

$105

(a)

Subpart 105-735.5_Other Statutes $ 105–735.507 Acts affecting a personal on Conduct

financial interest (18 U.S.C. 208). $ 105–735.501

$ 105–735.508 Salary payable only by General,

Government (18 U.S.C. 209). In addition to the statutes already $ 105–735.509 Compensation for aiding. referred to in this part, employees and to obtain Government employment special Government employees should (18 U.S.C. 211). acquaint themeslves with the statutes re- § 105–735.510 Lobbying with approprilating to ethical and other conduct set ated funds (18 U.S.C. 1913). forth in this subpart.

$ 105–735.511 Disloyalty and striking $ 105–735.502 Code of Ethics for Gov.

(5 U.S.C. 7311; 18 U.S.C. 1918).
ernment Service (H. Con. Res. 175, (32 F.R. 15024, Oct. 31, 1967]
85th Cong., 2d sess., 72 Stat. B12).

105–735.512 Communism (50 U.S.C. CODE OF ETHICS FOR GOVERNMENT SERVICE

784). Any person in Government service should: $ 105–735.513 Misuse of franking priv1. Put loyalty to the highest moral prin

ilege (18 U.S.C. 1719). ciples and to country above loyalty to persons, party, or Government department.

§ 105–735.514 Deceit in personnel ac. 2. Uphold the Constitution, laws, and

tions (18 U.S.C. 1917). legal regulations of the United States and of [32 F.R. 15024, Oct. 31, 1967) all governments therein and never be a party to their evasion.

§ 105–735.515 Counterfeiting 3. Give a full day's labor for a full day's

ing transportation requests (18 pay; giving to the performance of his duties

U.S.C. 508). his earnest effort and best thought.

§ 105–735.516 Embezzlement of public 4. Seek to find and employ more efficient and economical ways of getting tasks ac

money or property (18 U.S.C. 641). complished.

§ 1054735.517 Failure to account for 5. Never discriminate unfairly by the dis

public money (18 U.S.C. 643). pensing of special favors or privileges to any- § 105–735.518 Conversion of public one, whether for remuneration or not; and never accept, for himself or his family,

money or property (18 U.S.C. 654). favors or benefits under circumstances which $ 105–735.519 Solicitation of political might be construed by reasonable persons as

contributions generally (18 U.S.C. iniluencing the performance of his govern

602). mental duties.

6. Make no private promises of any kind $ 105–735.520 Solicitation of political binding upon the duties of office, since a contributions in Federal facilities (18 Government employee has no private word U.S.C. 603). which can be binding on public duty.

7. Engage in no business with the Govern- § 105–735.521 Making political contriment, either directly or indirectly, which is

butions (18 U.S.C. 607). inconsistent with the conscientious performance of his governmental duties.

105–735.522 Limitation on political 8. Never use any information coming to

contributions and purchases (18 him confidentially in the performance of

U.S.C. 608). governmental duties as a means for making 105–735.523 Acting as agent of a forprivate profit. 9. Expose corruption wherever discovered.

eign principal under the Foreign 10. Uphold these principles, ever conscious

Agents Registration Act (18 U.S.C.

219). that public office is a public trust.

(32 F.R. 15024, Oct. 31, 1967) § 105–735.503 Bribery of public offi. cials and witnesses (18 U.S.C. 201).

Subpart 105-735.6-Selected Posi

tions Requiring Filing of Statements § 105–735.504 Compensation in matters affecting the Government (18 U.S.C.

of Employment and Financial In203).

terests $ 105–735.505 Activities in claims

§ 105–735.600 Scope. against the Government (18 U.S.C.

This subpart lists employee positions 205).

selected under the criteria in $ 105– $ 105–735.506 Disqualification of for

735.402, approved as necessary by the mer employees (18 U.S.C. 207).

Administrator, requiring the incumbents

[blocks in formation]

thereof to file statements of employ- 8 105–735.605 Office of General Counment and financial interests. Any

sel. amendments to this subpart shall be sub

(a) Central Office. mitted annually for publication in the

(1) All attorneys, grade GS-13 or FEDERAL REGISTER.

above. $ 105–735.601 Federal Executive Sal.

(2) Contract Employment Policy ary Schedule positions.

Officer.

(3) Contract Compliance Oficer. All positions paid at a level of the

(b) Regional offices. Federal Executive Salary Schedule in

All attorneys, grade GS-13 or above. subchapter II of chapter 53 of Title 5,

[32 F.R. 15024, Oct. 31, 1967) United States Code, except the position of Administrator (which is subject to the § 105–735.606 Property Management separate reporting requirements of sec

and Disposal Service. tion 401 of Executive Order 11222 of May

(a) Central Office. .8, 1965).

(1) All strategic material management (32 F.R. 15024, Oct. 31, 1967)

ufficers and specialists, grade GS-13 or $ 105–735.603 Office of Administrator above. and Assistant Administrator.

(2) Supervisory contract negotiators,

grade GS-13 or above. (a) Central Office. All personnel, grade

(3) Material quality control specialGS-13 or above, who make decisions af

ist (crude rubber), grade GS-12. fecting procurement and contracting

(4) Deputy Assistant Commissioner with small business.

for Personal Property. (b) Regional offices.

(5) Division directors. (1) Regional Administrator.

(6) Personal property sales personnel, (2) Deputy Regional Administrator.

grade GS-13 or above. (3) Regional Director of Business

(7) Real property personnel, grade Affairs.

GS-13 or above. (32 F.R. 15024, Oct. 31, 1967]

(8) Appraisal personnel, grade GS$ 105–735.604 Office of Administration. 13 or above.

(b) Regional offices. (a) Central office.

(1) Regional directors. (1) Assistant Administrator for Ad

(2) Division directors. ministration.

(3) All materials inspectors (rubber (2) Deputy Assistant Administrator

and fibers), grade GS-13 or above. for Administration.

(4) Chief, PMDS Hawaii Office. (3) Executive Officer.

(5) Personal property sales personnel, (4) Director of Federal Procurement Regulations.

grade GS-13 or above. (5) Director of Management Investi

(6) Real property personnel, grade gations and Review.

GS-13 or above. (6) Director of Data Processing.

(7) Appraisal personnel, grade GS-13 (7) Director of Finance.

or above. (8) Director of Personnel.

(32 F.R. 15024, Oct. 31, 1967] (9) Director of Administrative Sery

§ 105–735.607 Federal Supply Service. ices. (10) All auditing personnel, grade

(a) Central Office. GS-13 or above.

(1) Deputy Commissioner, Federal (b) Regional offices.

Supply Service. (1) Regional Director of Administra- (2) Assistant Commissioner for Protion.

curement. (2) Deputy Reg nal Director of Ad- (3) Assistant Commissioner for Standministration.

ards and Quality Control. (3) Special Assistant (Financial).

(4) Deputy Assistant Commissioner (4) Chief, Data Processing Division. for Procurement. (5) Chief, Finance Division.

(5) Assistant Commissioner for Auto(6) Financial Liaison Officer.

mated Data Management Services, (7) Regional Personnel Officer.

(6) Deputy Assistant Commissioner (8) Chief, Administrative Services for Standards and Quality Control. Division, grade GS-12 or above.

(7) All employees, grade GS-13 or [32 F.R. 15024, Oct. 31, 1967]

above, in the following positions:

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