(a) Except as provided in paragraph (b) of this section, a special Government employee, while so employed or in connection with his employment, shall not receive or solicit from a person having business with the Agency anything of value as a gift, gratuity, loan, entertainment, or favor for himself or another person, particularly one with whom he has family, business, or financial ties.

(b) Exceptions for special Government employees shall be the same as for employees (see § 2200.735-201a (b)). [31 F.R. 13787, Oct. 27, 1966, as amended at 32 F.R. 17573, Dec. 8, 1967]

§ 2200.735-305 Miscellaneous statutory provisions.

Each special Government employee shall acquaint himself with each statute that relates to his ethical and other conduct as a special Government employee of the Agency and of the Government. The attention of special Government employees is directed to those statutory provisions listed in § 2200.735-209, that are applicable to special Government employees.

§ 2200.735-306 General conduct.

Special Government employees of the Agency shall adhere to the standards of conduct applicable to employees as set forth in this part and adopted under § 2200.735-101, except § 2200.735-202(b). Subpart D-Agency Regulations Governing Statements of Employment and Financial Interests 2200.735-401 Form and content of statements.

The statements of employment and financial interests required under this subpart for use by employees and special Government employees shall contain, as a minimum, the information required by the formats prescribed by the Civil Service Commission in the Federal Personnel Manual. The Agency

Except as provided in § 2200.735-402 (b), statements of employment and financial interests shall be required from:

(a) Employees GS-13 and above who are Division Heads, or the superiors of Division Heads.

(b) Employees classified at GS-13 or above under section 5332 of Title 5, United States Code, or at a comparable pay level under any other authority, who hold positions which vest them with responsibility for making a Government decision or taking a Government action in regard to:

(1) Contracting or procurement, including the appraisal or selection of contractors; the negotiation or approval of contracts; the supervision of activities performed by contractors; the inspection of materials for acceptability; the procurement of materials, services, supplies, or equipment;

(2) Administering or monitoring grants (or subsidies) or relocation payments;

(3) Audit of financial transactions; (4) Regulating or auditing private or other non-Federal enterprises;

(5) Land acquisition and disposition; (6) Establishment and enforcement of safety standards and procedures systems; and

(7) Other activities where the decision or action has an economic impact on the interests of a non-Federal enterprise.

[32 F.R. 17573, Dec. 8, 1967]

§ 2200.735-402a Employee's complaint on filing requirement.

An employee who complains that his position has been improperly included under this part as one requiring submission of a statement of employment and financial interests shall have opportunity to have his complaint reviewed through the Agency's grievance procedure as set forth in the Employee Manual. [32 F.R. 17573, Dec. 8, 1967]

§ 2200.735-402b Employees not required to submit statements.

Employees in positions that meet the criteria in paragraph (b) of § 2200.735– 402 may be excluded from the reporting requirement when the Head of the Agency determines that:

(a) The duties of a position are such that the likelihood of the incumbent's involvement in a conflict-of-interest situation is remote;

(b) The duties of a position are at such a level of responsibility that the submission of a statement of employment and financial interests is not necessary because of the degree of supervision and review over the incumbent or the inconsequential effect on the integrity of the Government; or

(c) The use of an existing or alternative procedure approved by the Civil Service Commission is adequate to prevent possible conflicts of interest.

[32 F.R. 17574, Dec. 8, 1967] $2200.735-403 Time and place for sub

mission of employees' statements. Except as provided in § 2200.735-104, an employee required to submit a statement of employment and financial interests under this part shall submit that statement to the appropriate Division Head not later than:

(a) Ninety days after the effective date of the regulations in this part if employed on or before that date; or

(b) Thirty days after his entrance on duty, but not earlier than 90 days after the effective date, if appointed after that date.

§ 2200.735-404 Supplementary state

ments.

Changes in, or additions to, the information contained in an employee's statement of employment and financial interests shall be reported in a supplementary statement as of June 30, each year. If no changes or additions occur, a negative report is required. Notwithstanding the filing of the annual report required by this section, each employee shall at all times avoid acquiring a financial interest that could result, or taking an action that would result, in a violation of the conflict-of-interest provisions of section 208 of Title 18, United States Code, or Subpart B of this part.

[32 F.R. 17574, Dec. 8, 1967]

§ 2200.735-405 Interests of employee's relatives.

The interest of a spouse, minor child, or other member of an employee's immediate household is considered to be an interest of the employee. For the purpose of this section, "member of an employee's immediate household" means those blood relations who are residents of the employee's household.

§ 2200.735-406 Information not known by employees.

If any information required to be included on a statement of employment and financial interests or supplementary statement, including holdings placed in trust, is not known to the employee but is known to another person, the employee shall request that other person to submit information in his behalf.

§ 2200.735-407 Information prohibited.

This part does not require an employee to submit on a statement of employment and financial interests or supplementary statement any information 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 are deemed "business enterprises" and are required to be included in an employee's statement of employment and financial interests.

§ 2200.735-408 Confidentiality of employees' statements.

The Agency shall hold each statement of employment and financial interests, and each supplementary statement, in confidence. To insure this confidentiality, the Head of the 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. The Agency may not disclose information from a statement except as the

Civil Service Commission or the Head of the Agency may determine for good cause shown.

[32 F.R. 17574, Dec. 8, 1967]

§ 2200.735-409 Effect of employees' statements on other requirements.

The statements of employment and flnancial 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 person's participation is prohibited by law, order, or regulation.

§ 2200.735-410 Specific provisions of Agency regulations for special Government employees.

(a) Except as provided in paragraph (b) of this section or paragraph (d) of this section, special Government employees are required 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 Head of the Agency determines are

relevant in the light of the duties he is to perform.

(b) The Head of the Agency may waive the requirement in paragraph (a) 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.

(c) 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 this part. Each special Government employee shall keep his statement current throughout his employment with the Agency by the submission of supplementary statements.

(d) A statement of employment and financial interests is not required under this part from a Board Member. Each Board Member who is subject to 3 CFR 100.735-31 is required to file a statement only if requested to do so by the Counsel to the President.

[31 F.R. 13787, Oct. 27, 1966, as amended at 32 F.R. 17574, Dec. 8, 1967]

Part

1

2300.735-108 2300.735-109

2300.735-107 Statements of employment and financial interest. Supplementary statements. Commission regulations governing statements of employment and financial interest of special Government employees.

2300.735-110 Statutory and miscellaneous provisions.

AUTHORITY: The provisions of this Part 2300 issued under E.O. 11222; 3 CFR, 19641965 Comp.; 5 CFR 735.101 et seq.

SOURCE: The provisions of this Part 2300 appear at 34 F.R. 2479, Feb. 21, 1969, unless otherwise noted.

§ 2300.735-101 Adoption of Regulations.

Pursuant to 5 CFR 735.104(f), the National Commission on Product Safety (referred to hereinafter as the Commission) hereby adopts the following sections of Part 735 of Title 5, Code of Federal Regulations: §§ 735.101, 735.102, 735.201a, 735.202 (a), (d), (e), (f), 735.210, 735.302, 735.303 (a), 735.304,

735.305(a), 735.403 (a), 735.404, 735.405, 735.407-735.411, 735.412 (b), and (d). These adopted sections are modified and supplemented as set forth in this part. § 2300.734-102 Review of statements of employment and financial interest.

Each statement of employment and financial interest submitted under this part shall be reviewed by the Executive Director of the Commission. When this review indicates a conflict between the interests of an employee or special Government employee of the Commission and the performance of his services for the Government, the Executive Director shall have the indicated conflict brought to the attention of the employee or special Government employee, grant the employee or special Government employee an opportunity to explain the indicated conflict, and attempt to resolve the indicated conflict. If the indicated conflict cannot be resolved, the Executive Director shall forward a written report on the indicated conflict to the Chairman of the Commission, through the counselor for the agency designated under 5 CFR 735.105 (a), who shall take action pursuant to § 2300.735-103 as he deems appropriate.

§ 2300.735-103 Disciplinary and other remedial action.

An employee or special Government employee of the Commission who violates any of the regulations herein or those adopted under § 2300.735-101 may be disciplined. The disciplinary action may be in addition to any penalty prescribed by law for the violation. In addition to or in lieu of disciplinary action, remedial action to end conflicts or appearance of