8 2100.735-101 Adoption of regulations.

Pursuant to 5 CFR 735.104(f), the U.S. Soldiers' and Airmen's Home (referred to hereinafter as the agency) 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), 735.306, 735.401, 735.403(a), 735.404(b), 735.405, 735.407-735.411, 735.412 (b)-(d). These adopted sections are modified and supplemented as set forth in this part.

NOTE: Paragraphs (c) and (d) of § 735.203 of Part 735 of Title 5, Code of Federal Regulations, previously adopted by § 2100.735101, were amended in the Civil Service Regulations, and these amendments are now adopted in the agency regulations and read, 33 FR 11535, August 14, 1968:

(c) Employees are encouraged to engage in teaching, lecturing and writing that is not prohibited by law, the Executive order, this part, or the agency regulations. However, an employee shall not, either for or without compensation, engage in teaching, lecturing, or writing, including teaching, lecturing, or writing for the purpose of the special preparation of a person or class of persons for an examination of the Commission or Board of Examiners for the Foreign Service, that depends on information obtained as a result of his Government employment, except when that information has been made available to the general public or will be made available on request, or when the agency head gives

written authorization for use of nonpublic information on the basis that the use is in the public interest. In addition, an employee who is a Presidential appointee covered by section 401(a) of the order shall not receive compensation or anything of monetary value for any consultation, lecture, discussion, writing, or appearance the subject matter of which is devoted substantially to the responsibilities, programs, or operations of his agency, or which draws substantially on official data or ideas which have not become part of the body of public information.

(d) [Deleted]

§ 2100.735-102 Review of statements of employment and financial interests. Each statement of employment and financial interests submitted under this part shall be reviewed by the Governor. When this review indicates a conflict between the interests of an employee or special Government employee of the agency and the performance of his services for the Government, the Governor 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 resolve the indicated conflict with due consideration of the recommendation of the counselor for the agency designated under § 735.105(a) of this title.

§ 2100.735-103 Disciplinary and other remedial action.

An employee or special Government employee of the agency who violates any of the regulations in this part or adopted under § 2100.735-101 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 conflicts of interest may include but is not limited to:

(a) Changes in assigned duties; (b) Divestment by the employee or special Government employee of his conflicting interest; or

(c) Disqualification for a particular assignment.

§ 2100.735-104 Gifts, entertainment, and favors.

The agency authorizes the exceptions to § 735.202(a) of this title set forth in § 735.202(b) (1)-(4) of this title.

§ 2100.735-105 Outside employment and other activity.

An employee of the agency may engage in outside employment or other outside activity not incompatible with the full and proper discharge of the duties and responsibilities of his Government employment.

§ 2100.735-106 Specific

provisions of agency regulations governing special Government employees.

(a) 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 § 2100.735-101, except § 735.203(b) of this title.

(b) Special Government employees of the agency may teach, lecture, or write in a manner not inconsistent with § 735.203(c) of this title.

(c) Pursuant to § 735.305(b) of this title, the agency authorizes the same exceptions concerning gifts, entertainment, and favors for special Government employees as are authorized for employees by § 2100.735-104.

§ 2100.735-107 Statements of employment and financial interest.

(a) In addition to the employees required to submit statements of employment and financial interest under § 735.403(a) of this title, employees in the following named positions shall submit statements of employment and financial interest: Quartermaster, Engineer, and Purchasing Officer.

(b) Each statement of employment and financial interest required by this section shall be submitted to the Governor, U.S. Soldiers' and Airmen's Home.

(c) An employee who believes that his position has been improperly included in this section as one requiring the submission of a statement of employment and financial interests may obtain a review of his complaint under the agency's grievance procedure.

§ 2100.735-108 Supplementary statements.

Notwithstanding the filing of the annual supplementary statement required by § 735.406 of this title, 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 conflictsof-interest provisions of section 208 of title 18, United States Code or the regulations in this part or adopted under § 2100.735-101.