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cial interest relating to that particular such stocks and securities are listed matter.
for public trading on a major stock ex
change. This exemption extends also § 1207.403 Waiver of statutory prohibition.
to any financial interests that the cor(a) Specific waiver available. The poration whose stocks or other securiprohibition of 18 U.S.C. 208(a) may be ties are so owned may have in other waived in connection with a specific business entities. This exemption shall matter of the type which comes under not apply to membership on boards or the statute if the employee makes a committees constituted as part of the full disclosure in writing of the nature NASA Source Evaluation Board (SEB) of the matter involved and of the fi- process unless specific written approvnancial interest relating thereto and al for such membership is obtained receives, in advance of participation in from the Designated Agency Ethics such matter, a written determination Official. that such financial interest is not so (ii) Ownership of bonds other than substantial as to affect the integrity of corporate bonds, regardless of the the employee's services and, therefore, value of such interest. This exemption that the employee may participate extends also to any financial interests personally and substantially in that that the organization whose bonds are matter. The procedures set forth in so owned may have in other business paragraph (c) of this section will be entities. followed in connection with granting a (iii) Ownership of shares in a widely waiver as described in this section.
diversified mutual fund or regulated (b) General waivers. The prohibition investment company regardless of the of 18 U.S.C. 208(a) also may be waived value of such interests. This exempby general regulation applicable to all tion extends also to any financial inNASA employees so as to permit an terests that the mutual fund or investemployee (including civilian and mili- ment company may have in other tary personnel of other Government business entities. agencies regularly detailed to NASA) (2) If a NASA employee or the emto participate personally and substan- ployee's spouse or minor child has a tially in a specific matter, notwith present beneficial interest or a vested standing the existence of a financial remainder interest under a trust, the interest relating to that matter, where ownership of stocks, bonds, or other it has been determined that such a fi. corporate securities under the trust nancial interest is too remote or incon will be exempt to the same extent as sequential to affect the integrity of provided in paragraph (b)(1)(i) of this the employee's governmental capacity. section for the direct ownership of Such a determination has been made such securities. The ownership of by the Administrator and published in bonds other than corporate bonds, or the FEDERAL REGISTER with respect to of shares in a mutual fund or regulatthe following categories of financial ed investment company, under the interest:
trust will be exempt to the same (1) The following exemptions apply extent as provided under paragraphs to financial interests which are held (b)(1)(ii) and (b)(1)(iii) of this section, directly by a NASA employee, or by for the direct ownership of such bonds the employee's spouse or minor child, or shares. whether jointly or individually, or by (3) If a NASA employee is an officer, a NASA employee and the employee's director, trustee, or employee of an partner or partners as joint assets of educational institution, or if the emthe partnership:
ployee is negotiating for, or has an ar(i) Ownership of shares of common rangement concerning prospective emor preferred stocks, including warrants ployment with such an institution, a to purchase such shares, and of corpo direct financial interest which the inrate bonds or other corporate securi- stitution has in any matter will not ties, if the current aggregate market itself be exempt, but any financial invalue of the stocks and other securi- terest that the institution may have in ties so owned in any single corporation the matter through its holdings of sedoes not exceed $5,000, and provided curities issued by business entities will
the determination required by the statute. For employees at an installation, the Directors of Field and Com. ponent Installations, and their Deputies are authorized to make the determination required by the statute. This authority may not be redelegated.
(4) A copy of waiver granted by the Director of a Field or Component Installation shall be forwarded to the Associate Administrator for Management, NASA Headquarters. (52 FR 22755, June 16, 1987, as amended at 53 FR 4606, Feb. 17, 1988)
be exempt. provided the NASA em. ployee is not serving as a member of the investment committee of the institution or is not otherwise advising it on its investment portfolio.
(4) If a NASA employee has contin ued to participate in a bona fide pension, retirement, group life, health or accident insurance plan, or other em ployee welfare or benefit plan that is maintained by a business or nonprofit organization of which the employee is a former employee, the employee's financial interest in that organization will be exempt, except to the extent that the welfare or benefit plan is a profit sharing or stock bonus plan. This exemption extends also to any financial interests that the organization may have in other business activities.
(c) Procedures for specific waiver.
(1) The written request for a waiver will describe the specific matter involved, the nature and extent of the employee's participation therein, and the exact nature and amount of financial interest relating to the specific matter.
(2) Employees who are key officials, or who are appointed under authority of section 203(C)(2)(A) (“NASA Excepted Positions”) or section 203(c)(10) (“Alien Scientists”) of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2473(c)(2)(A) and 2473(c)(10)), or under 5 U.S.C. 3131 et seq. (Senior Executive Service), will forward the request to the Administrator. It shall be submitted through the appropriate Chief Counsel or General Counsel and the appropriate Director of a Field or Component Installation or Official-inCharge of a Headquarters Office, who will transmit the request to the Administrator with comments and recommendations on the proposed waiver. The determination required by the statute will be made only by the Administrator or Deputy Administrator in the case of these employees.
(3) All other employees will forward their requests for a waiver through the appropriate Chief Counsel or General Counsel to the appropriate Director of a Field or Component Installation or Official-in-Charge of a Headquarters Office. For Headquarters employees, the Associate Administrator for Management is authorized to make
8 1207.404 Executive personnel financial
disclosure report. (a) Background. The Ethics in Government Act of 1978 (Pub. L. 95-521) prescribes a public financial disclosure reporting requirement for certain officers and employees. The requirements and procedures are set forth in detail in the Act as well as in the implementing regulations of the Office of Government Ethics (5 CFR Part 734). This section will not reiterate these detailed requirements nor the instructions for filing that are contained in the Executive Personnel Financial Disclosure Report (SF 278).
(b) Employees required to file. The NASA employees required to file the Executive Personnel Financial Disclosure Report (SF 278) are:
(1) Presidential nominees to positions requiring the advice and consent of the Senate.
(2) Officers and employees who have served in their position for 61 days or more during the preceding calendar year whose positions are classified or paid at GS-16 or above of the General Schedule, or whose basic rate of pay under other pay schedules is equal to or greater than the rate for GS-16. This category includes members of the Senior Executive Service.
(3) Officers or employees in any other position determined by the Director of the Office of Government Ethics to be of equal classification to the GS-16.
(4) Administrative law judges.
(5) Employees in the excepted seryice in positions which are of a confidential or policymaking character unless their positions have been ex
cluded by the Director of the Office of subpart will be sent, after review, to Government Ethics.
the Executive Personnel Management (6) The designated agency ethics of and Development Office, Code NPD, ficial.
NASA Headquarters, for retention. (c) Time of filing—(1) Initial ap The reports will be available to the pointment. Within 5 days after trans public. mitted by the President to the Senate (f) Where to seek help. To seek assistof the nomination to a position de ance in completing the Executive Perscribed in paragraph (b)(1) of this sec sonnel Financial Disclosure Report, tion or within 30 days after assuming a contact the Chief Counsel at a Field position described in paragraphs (b) Installation, or the Associate General (2), (3), (4), (5), and (6) of this section, Counsel (General) at Headquarters. an Executive Personnel Financial Dis
(g) Failure to submit report. Falsificlosure Report (SF 278) must be filed.
cation of, or knowing or willful failure (2) Incumbents. An Executive Per
to file or report information required sonnel Financial Disclosure Report
to be reported by section 202 of the must be filed no later than May 15 an
Act may subject the individual to a nually by incumbents of any of the po
civil penalty and to disciplinary action. sitions listed in paragraph (b) of this
Also, knowing or willful falsification of section. In certain cases an extension
information under that section may of up to 45 days for filing may be per
subject the individual to criminal prosmitted by the Designated Agency Offi
ecution under 18 U.S.C. 1001, leading cial. The Director of the Office of
to a fine of not more than $10,000, or Government Ethics may grant an ad
imprisonment for not more than 5 ditional 45-day extension, for good
years, or both. cause shown. (3) Terminations. No later than 30
8 1207.405 Confidential statements of emdays after an incumbent of a position
ployment and financial interests. listed in paragraph (b) of this section terminates that position, the inidivi
(a) The following criteria define the dual shall file an Executive Personnel categories of types of employees, Financial Disclosure Report.
unless otherwise exempted pursuant (d) Place of filing. All reports re
to paragraph (b) of this section, who quired to be filed by this subpart by
will file a Confidential Statement of Headquarters employees, Directors,
Employment and Financial Interests, Deputy Directors and Chief Counsels
containing the kind of information deof Field Installations shall be submit
scribed in detailed instructions on ted on or before the due date to the
pre the due date to the NASA Form 1270: Executive Personnel Management and (1) Employees classified at the GMDevelopment Office, Code NPD, 13 or GS-13 level and above under 5 NASA Headquarters. Other field in- U.S.C. 5332, or at comparable stallation personnel required to file re levels under other authority, whose ports by this subpart shall submit duties and responsibilities require the such reports on or before the due date exercise of judgment in making a govto the Field Installation Director of ernment decision or making governPersonnel.
ment action in regard to: (e) Review and retention of reports. (i) Contracting or procurement, inAll reports required to be filed with cluding the evaluation or selection of the Executive Personnel Management contractors; the negotiation, approval, and Development Office, Code NPD, or award of contracts; the oversight of NASA Headquarters, will be reviewed activities performed by contractors, inby the Designated or Alternate cluding the administration, monitorAgency Ethics Counselor, Office of ing, audit, and inspection of contracthe General Counsel. Reports required tors and contract activities; and the to be filed by field installation person initiation or approval of requests to nel with the Field Installation Direc procure supplies, equipment, or serytor of Personnel, will be reviewed by ices, other than those common items the Field Installation Chief Counsel. available from NASA or GSA inventoAll reports required to be filed by this ries;
(ii) Administering or monitoring 278 in lieu of the report required grants or subsidies or Space Act Agree- under this section. ments, including those with education (2) An employee described in paraal institutions and other non-Federal graph (a)(1) of this section may be exorganizations;
empted from the requirement for (iii) Auditing financial transactions; filing a statement of employment and
(iv) Using or disposing of excess or financial interests when, at Headquarsurplus property; or
ters, the Director, Headquarters (v) Establishing or enforcing safety
Human Resources Management, or standards and procedures.
the Director of Personnel at the Field (2) All employees, regardless of
or Component Installation involved grade, serving as members, evaluators
determines that the employee's duties or advisers to the following Boards or
are of such a nature, or are at such a Committees:
level of responsibility and are subject (i) Source Evaluation Boards or
to such a degree of supervision and Committees;
review, that the possibility of the em
ployee's becoming involved in a con(ii) Inventions and Contributions
flict of interest is remote. Boards; (iii) Contract Adjustment Board;
(c) Procedures for filing statements
(1) Time and place. Each employee re(iv) Board of Contract Appeals;
quired to file a statement under this (v) Site Selection Boards;
section will submit a completed NASA (vi) Performance Evaluation Boards
Form 1270 to the local Personnel Offior Committees administering the
cer or other designated official as fol. award fee of a contract.
lows: (3) Employees classified at the GM- (i) Thirty days after entrance on 13 or GS-13 level and above under 5 duty: U.S.C. 5332, or at comparable pay (ii) Ten days after the employee's levels under other authority, and who position is specifically identified as are identified at Headquarters by the one requiring the incumbent thereof Director, Headquarters Human Re
to file a financial statement; sources Management, or by the Direc
(iii) After selection and before serv. tor of Personnel at a Field or Compo- ice on the boards or committees listed nent Installation as holding positions in & 1207.405(a)(2). requiring the incumbent thereof to ex
e incumbent inereor to ex (2) Annual statements. A statement ercise judgment in making Govern shall be submitted by incumbents each ment decisions or taking actions where
year reflecting reportable interests such decisions or actions may have an
held as of June 30. The statement economic impact on the interest of must be filed during the month of any non-Federal enterprise.
July each year. No supplementary (4) Employees classified below the statement will be accepted for this GM-13 or GS-13 level under 5 U.S.C. 5332 who are appointed as Contracting (3) For purposes of this reporting reOfficers.
quirement, the financial interest, in(5) Employees classified below the cluding employment, of a spouse, GM-13 or GS-13 level under 5 U.S.C. minor child, or other members of an 5332, or at a comparable pay level employee's immediate household is under other authority, and who are in considered to be an interest of the empositions which otherwise meet the ployee and must be reported. “Memcriteria of $ 1207.405(a)(1) or bers of an employee's immediate $ 1207.405(a)(3), when designated in household” means those relations who writing by the Designated Ethics Offi are residents of the employee's housecial, after such designation has been hold. justified in accordance with 5 CFR (4) If any information required to be 735.403(d).
included on a statement of employo (b)(1) An employee required to file ment and financial interests, including an Executive Personnel Financial Dis- holdings placed in trust, is not known closure Report may elect to file a cur- to the employee but is known to an. rent copy of his/her Standard Form other person, the employee shall te
quest that the other person submit cluded in an employee's financial inthe information on his/her behalf. If terest statement. the employee concerned should gain (h) Information concerning financial knowledge about such interests, he/ interests which have been exempted she should report the information in from the prohibition of 18 U.S.C. order to prevent the possibility of in- 208(a), as set forth in $ 1207.403(b), voking 18 U.S.C. 208.
may be omitted from the statement of (d) The following procedures will be employment and financial interests, followed with regard to the mainte. except that, notwithstanding the exnance of Confidential Statements of emption set forth in Employment and Financial Interests. $1207.403(b)(1)(ii), the ownership of Each Field or Component Installation securities in any amount in a company Personnel Director and, at Headquar doing business with NASA will be disters, the Director, Headquarters closed if the employee's duties and reHuman Resources Management, will sponsibilities require the exercise of maintain, on a current basis, a master judgment in making a Government delist of employees required to file state- cision, taking Government action in ments under this section. It will be relation to that company, or serving these officials' responsibility to deter- on boards or committees constituted mine that the list includes all those as part of the NASA SEB process. In employees falling within the criteria such case, the employee should note if for reporting set forth in this section his or her interest is under or over and that the requirement for filing $5,000. statements is fully carried out on a
(52 FR 22755, June 16, 1987, as amended at timely basis. In the event of any ques
53 FR 4606, Feb. 17, 1988; 53 FR 5765, Feb. tion regarding the interpretation of
26, 1988) these criteria, the official will consult the Deputy Ethics Counselor or the Designated Agency Ethics Official di
Subpart E—[Reserved) rectly.
(e) An employee who fails or refuses Subpart F-Standards of Conduct for to file a statement as required by this Special Government Employees section, or who knowingly falsifies in
[Reserved] formation in the statement, will be subject to appropriate disciplinary Subpart G-Administrative Enforceaction.
ment Procedures for Alleged (f) Employee statements filed under
Violations of 18 U.S.C. 207 this section comprise a NASA System of Records under the Privacy Act of 1974, and will be protected according
SOURCE: 54 FR 4003, Jan. 27, 1989, unless ly. The file is NASA 10SCCF, “Stand
otherwise noted. ards of Conduct Counseling Case
8 1207.700 Scope of subpart. Files-NASA.”
(g) This section does not require an The subpart establishes NASA's ademployee to include in a statement of ministrative enforcement procedures employment and financial interests for handling allegations of violations any information relating to the em- of 18 U.S.C. 207, the Federal criminal ployee's connection with, or interests prohibition against post-employment in, a professional society or a charita conflicts of interest by former Governble, religious, social, fraternal, recre
ment employees. It implements 18 ational, public service, civic, or politi. U.S.C. 207(j) which requires each cal organization not conducted as a agency to establish such procedures business enterprise. For the purpose of and the guidelines of the Office of this section, educational and other in Government Ethics (OGE) which stitutions doing research and develop appear at 5 CFR 737.27. ment or related work involving grants of money from or contracts with the
$ 1207.701 Policy. Government are deemed “business en- Any allegation that á former NASA terprises" and are required to be in employee has violated 18 U.S.C. 207