responsibility. Although included in a section dealing largely with postemployment activities, this provision is not directed to the postemployment situation.

The paragraph at the end of section 207 also pertains to individuals in a partnership but sets forth no prohibition. This paragraph, which is of importance mainly to lawyers in private practice, rules out the possibility that an individual will be deemed subject to section 203, 205, 207(a) or 207(b) solely because he has a partner who serves or has served in the Government either as a regular or a special Government employee. New 18 U.S.C. 208. This section forbids certain actions by an officer or employee of the Government in his role as a servant or representative of the Government. Its thrust is therefore to be distinguished from that of sections 203 and 205 which forbid certain actions in his capacity as a representative of persons outside the Government.

Subsection (a) in substance requires an officer or employee of the executive branch, an independent agency or the District of Columbia, including a special Government employee, to refrain from participating as such in any matter in which, to his knowledge, he, his spouse, minor child or partner has a financial interest. He must also remove himself from a matter in which a business or nonprofit organization with which he is connected or is seeking employment has a financial interest.

Subsection (b) permits the agency of an officer or employee to grant him an ad hoc exemption from subsection (a) if the outside financial interest in a matter is deemed not substantial enough to have an effect on the integrity of his services. Financial interests of this kind may also be made nondisqualifying by a general regulation published in the FEDERAL REGISTER.

Section 208 is similar in purpose to the former 18 U.S.C. 434 but prohibits a greater variety of conduct than the “transaction of business with *** [a] business entity" to which the prohibition of section 434 was limited. In addition, the provision in section 208 including the interests of a spouse and others is new, as is the provision authorizing exemptions for insignificant interests.

New 18 U.S.C. 209. Subsection (a) prevents an officer or employee of the executive branch, an independent agency or the District of Columbia from receiving, and anyone from paying him, any salary or supplementation of salary from a private source as compensation for his services to the Government. This provision uses much of the language of the former 18 U.S.C. 1914 and does not vary from that statute in substance. The remainder of section 209 is new.

Subsection (b) specifically authorizes an officer or employee covered by subsection (a) to continue his participation in a bona fide pension plan or other employee welfare or benefit plan maintained by a former employer.

Subsection (c) provides that section 209 does not apply to a special Government employee or to anyone serving the Government without compensation, whether or not he is a special Government employee.

Subsection (d) provides that the section does not prohibit the payment or acceptance of contributions, awards or other expenses under the terms of the Government Employees Training Act (72 Stat. 327, 5 U.S.C. 2301-2319).

STATUTORY EXEMPTIONS FROM CONFLICT OF INTEREST LAWS

Congress has in the past enacted statutes exempting persons in certain positionsusually advisory in nature-from the provisions of some or all of the former conflict of interest laws. Section 2 of the Act grants corresponding exemptions from the new laws with respect to legislative and judicial positions carrying such past exemptions. However, section 2 excludes positions in the executive branch, an independent agency and the District of Columbia from this grant. As a consequence, all statutory exemptions for persons serving in these sectors of the Government ended on January 21, 1963.

RETIRED OFFICERS OF THE ARMED FORCES

Public Law 87-849 enacted a new 18 U.S.C. 206 which provides in general that the new sections 203 and 205, replacing 18 U.S.C. 281 and 283, do not apply to retired officers of the armed forces and other uniformed services. However, 18 U.S.C. 281 and 283 contain special restrictions applicable to retired officers of the armed forces which are left in force by the partial repealer of those statutes set forth in section 2 of the Act.

The former 18 U.S.C. 284, which contained a 2-year disqualification against postemployment activities in connection with claims against the United States, applied by its terms to persons who had served as commissioned officers and whose active service had ceased either by reason of retirement or complete separation. Its replacement, the broader 18 U.S.C. 207, also applies to persons in those circumstances. Section 207, therefore applies to retired officers of the armed forces and overlaps the continuing provisions of 18 U.S.C. 281 and 283 applicable to such officers although to a different extent than did 18 U.S.C. 284.

VOIDING TRANSACTIONS IN VIOLATION OF THE CONFLICT OF INTERESTS OR BRIBERY LAWS

Public Law 87-849 enacted a new section, 18 U.S.C. 218, which did not supplant a preexisting section of the criminal code. However, it was modeled on the last sentence of the former 18 U.S.C. 216 authorizing the President to declare a Government contract void which was entered into in violation of that section. It will be recalled that section 216 was one of the two statutes repealed without replacement.

(a) The Board, any member thereof, or any hearing examiner designated by the Board may, in its discretion, order evidence to be taken by deposition in any hearing pending before the Board at any stage of such hearing. Such deposition may be taken before any person designated by the Board and having the power to administer oaths or affirmations.

(b) Unless notice be waived, no deposition shall be taken except after reasonable notice to the parties.

(c) A motion to take a deposition shall be made not less than twenty (20) days prior to the date fixed for the hearing, but for good cause shown the time for making such a motion may be extended by the Board, a member thereof, or the hearing examiner.

(d) Any party desiring to take the deposition of a witness shall make application in writing, setting out the reasons why such depositions should be taken and stating the time when, the place where, and the name and post-office address of the person before whom it is desired the deposition be taken; the name and post-office address of the witness, and the subject matter or matters concerning which the witness is expected to testify.

(e) If good cause be shown, the Board will make and serve upon the parties or their attorneys an order wherein the Board shall name the witness whose deposition is to be taken and specify the time when, the place where, and the person before whom the witness is to testify, but such time and place and the person before whom the deposition is to be taken so specified in the Board's order may or may not be the same as those named in said application to the Board.

(f) The testimony of the witness shall be reduced to writing by the officer before whom the deposition is taken or under his direction, after which the deposition shall be subscribed by the witness and certified in the usual form by

the officer. After the deposition has been so certified, it shall, together with five additional copies thereof made by such officer or under his direction, be forwarded by such officer under seal, in an envelope addressed to the Board at its office, Washington, D.C. Such deposition, unless otherwise ordered by the Board for good cause shown, shall be filed in the record in said proceeding and a copy thereof supplied to the party upon whose application said deposition was taken, or his attorney.

§ 201.20 Admissions of fact and genuineness of documents.

(a) At any time after answer has been filed, either party may serve upon the other a written request for admission of the genuineness of any relevant documents described in, and exhibited with, the request, or of the truth of any relevant matters of fact set forth in such documents. Copies of documents shall be delivered with the request unless copies have already been furnished or are in the possession or control of the party. Each of the matters on which an admission is so requested shall be deemed admitted unless within a period designated within the request, not less than ten (10) days after service thereof, or within such further time as the Board or the hearing examiner may allow on motion and notice, the party so served shall serve upon the party making the request a sworn statement either denying specifically the matters of which an admission is requested or setting forth in detail the reasons why he can neither truthfully admit nor deny those matters, or stating that reliance is made on the constitutional privilege against selfincrimination.

(b) Service required under this section may be made upon a party either by registering and mailing or by delivering a copy of the documents to be served to such party or his attorney or by leaving a copy at the principal office or place of business of either.

[15 F.R. 7921, Nov. 21, 1950, as amended at 27 F.R. 4835, May 23, 1962] § 201.21 Briefs.

At the conclusion of a hearing, the officer conducting the hearing may, in his discretion, permit oral arguments or briefs or both, and prescribe the time and other directions for said arguments and briefs on behalf of parties to the hearing. The time within which oral arguments or

briefs are to be filed, shall be fixed: Provided, That any interested party may apply in writing to the Board for modification of any of the examiner's rulings concerning reports and briefs.

§ 201.22

Recommended decision.

(a) Where a hearing is conducted by a member of the Board or an examiner, the member of the Board or the examiner shall make a recommended decision to the Board, a copy of which shall be submitted to the parties to the proceeding. The parties, after the receipt of the recommended decision, shall have time, which shall be fixed, within which to file with the Board exceptions to the recommended decision and supporting reasons for such exceptions.

(b) Such a report is not a report of findings by the Board, but is advisory only, and is not binding upon the Board. § 201.23

Order.

The Board's determination shall take the form of a decision in writing in which it shall state its findings as to the facts and shall issue an appropriate order either requiring the organization or individual to register or denying the petition for such registration.

§ 201.24 Final order.

An order of the Board shall become final (a) upon the expiration of the time allowed for filing a petition for review, if no such petition has been duly filed within such time; or (b) upon the expiration of the time allowed for filing a petition for certiorari, if the order of the Board has been affirmed or the petition for review dismissed by a United States Court of Appeals, and no petition for certiorari has been duly filed; or (c) upon the denial of a petition for certiorari, if the order of the Board has been affirmed or the petition for review dismissed by a United States Court of Appeals; or (d) upon the expiration of ten (10) days from the date of issuance of the mandate of the Supreme Court, if such Court directs that the order of the Board be affirmed or the petition for review dismissed. Such final orders shall be published in the FEDERAL REGISTER, and publication thereof shall constitute notice to all members of the organization involved that such order has become final.

The rules in this part are promulgated pursuant to the provisions of the Act of July 4, 1966, P.L. 89-487, 80 Stat. 250, 5 U.S.C. 1002, which amended section 3 of the Administrative Procedure Act (60 Stat. 238) so as to clarify and protect the right of the public to information. The following sections describe the organization of the Board; the places where, and methods whereby information may be secured or submittals or requests made; the general course and method by which the Board's functions are channeled and determined; and, the procedures governing the availability of the opinions, orders, and records of the Board.

§ 202.2 Organization and functions.

(a) The Board is an independent agency composed of five members appointed by the President and confirmed by the Senate for terms of 5 years. The Chairman of the Board is designated by the President. The Board is assisted by a staff which includes attorneys, clerks, and stenographers. In addition, the Board uses hearing examiners appointed in accordance with the provisions of 5 U.S.C. 3105 to conduct hearings in assigned cases. The organization and functions of the Board are prescribed in sections 12, 13 (c) and (d), and 16 of the Subversive Activities Control Act of 1950, as amended. 64 Stat. 987, 68 Stat. 775, 50 U.S.C. 781 et seq.

(b) (1) The Board, on petition of the Attorney General, conducts hearings and determines whether any organization is a "Communist-action organization" or a "Communist-front organization" or a "Communist-infiltrated organization" as those terms are defined in the Subversive Activities Control Act of 1950, as amended, and whether any individual is

a member of any Communist-action organization. Any organization or individual once having come within the provisions of the Act may, pursuant to prescribed statutory conditions, file with the Board a petition for appropriate relief. The Board does not conduct investigations nor initiate proceedings itself.

(2) Following hearings the Board issues written findings of fact (designated as the "Report of the Board") and its findings are accompanied by an appropriate order. Decisions and orders of the Board may be taken by the parties aggrieved to the U.S. Court of Appeals for the District of Columbia for judicial review and, upon certiorari, to the Supreme Court of the United States. When an appeal is taken the order of the Board does not become final unless affirmed by the courts or the appeal is dismissed by the courts.

(3) All pleadings and other papers in proceedings before the Board may be "filed" by mail addressed to the Board or by delivery in person. (See § 202.3.) Proceedings are governed by the Board's published rules of procedure. (See § 202.5(a).) The Board maintains docket giving the chronology of each proceeding. The dockets are available for inspection at the office of the Board.

§ 202.3 Offices.

The office of the Board is located in the Lafayette Building, 811 Vermont Avenue NW., Washington, D.C. 20445. The office is open to the public from 9 a.m. to 5 p.m., Mondays through Fridays with the exception of holidays. The Board does not maintain any field offices. The Board provides a reading room or reading area where records covered by this part will be made available. In addition, there are available in the public reading room copies of the Subversive Activities Control Act of 1950 and of the various amendments thereof, a copy of Title 50 of the United States Code, and a copy of this Title 28 of the Code of Federal Regulations.

§ 202.4 Requests, generally.

Requests for inspection or copying of records may be made in person or by mail to the clerk of the Board. Those visiting the Board in person should go to the Reception Room which is appropriately marked. Telephone inquiries or requests may be made by calling Washington,

D.C., number 382-6224 (Area Code 202). Collect calls cannot be accepted. Written requests for information should be addressed to the Clerk, Subversive Activities Control Board at the address given in § 202.3. Where a request is for materials of which copies are not otherwise available and reproductions must be made or where a search is necessary to locate records, the person making the request must pay the costs thereof in advance. The Board maintains a schedule of current costs for reproductions and record searching, and copies of the schedule may be obtained on request. An additional charges as set forth in the schedule is made for certified copies.

§ 202.5 Generally available material.

(a) Rules of procedure: The Board's rules of procedure, which govern proceedings before the Board, are published in the FEDERAL REGISTER and in this Title 28, Chapter II, of the Code of Federal Regulations. Copies may be obtained from the Board on request. Copies are free to parties and their representatives in proceedings in the Board. A charge as set forth in the schedule referred to in § 202.4 is payable by others.

(b) Precedent decisions and rulings: All final opinions (including concurring and dissenting opinions) and all orders made in the adjudication of cases, and all intermediate or other rulings which may have precedential value are published periodically in bound volumes entitled "Reports of the Subversive Activities Control Board." Volumes I through IV cover the period from the inception of the Board to June 30, 1966. A separate volume entitled "Reports of the SACB, Index-Digest, Vols. I-IV" contains digests under appropriate topical headings of all rulings enunciated by the Board in the cases contained in the four volumes of the printed reports. These volumes and the index-digest may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. They may be read at the office of the Board. Opinions, orders, and precedential rulings not yet contained in printed volumes, and a cumulative index, are available for inspection and copying at the Board's office.

(c) The pleadings, transcript of testimony, exhibits, and all other papers received in evidence or made a part of the record in Board proceedings (except

material exempted under sec. 5 U.S.C. 552(b) and received in camera and sealed) are available at the office of the Board for inspection and copying. Copies of the transcripts of testimony when available from the official reporter must be purchased from the reporter at currently prevailing prices. Copies of other documents of record and of the transcripts of testimony when not available from the official reporter may be obtained subject to §202.4. Where the Board has filed in a court a certified list of the record in a proceeding and the Board has retained the record as custodian for the court, no part of such record will be made available unless the person making the request first obtains the permission of the court for the Board to make such documents available.

(d) Annual report: The Board at the close of each fiscal year makes a report to the President and the Congress stating in detail the cases it has heard, the decisions it has rendered, and other information. The annual reports are available for inspection at the Board. Copies may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

(e) Statements of policy, interpretations, manuals, instructions to the staff: The Board being a quasi-court and not having investigatory or enforcement functions has not made statements of policy or interpretations other than as are contained in the rulings, opinions, and orders covered by paragraph (b) of this section, nor has the Board issued any manuals or instructions to the staff that affect the public. If any statements of policy, interpretations, manuals, or instructions to the staff that affect the public should be issued subsequent to July 4, 1967, and are not part of the material described in paragraph (b) of this

section, such will be made available with an accompanying index for inspection and copying at the office of the Board. § 202.6 Other records.

(a) Identifiable records (other than those covered by § 202.5) except as are within the exemptions contained in paragraph (b) of 5 U.S.C. 552 and are determined to be of a nature that must be withheld, will be made available upon request and compliance with the provisions contained in this section.

(b) Such requests may be made as set forth in and subject to § 202.4, and must contain a reasonably specific description of the particular record sought.

(c) The making available of records covered by this section which are in use in the Board may be deferred until such records no longer are in use or as necessary to avoid disruption of the Board's activities.

(d) Authority to determine which records shall be made available under this section and which are properly to be withheld is vested in the General Counsel of the Board and his decision shall be final except that any person may appeal a decision whereby a request for identifiable records has been denied. Such appeal shall be in writing, addressed to the Board, and shall describe the records sought. The Board will rule upon such appeal at the earliest practicable date and will promptly notify the complainant of its decision.