The "conflict-of-interest" statutes (18 U.S.C. 203, 205, 207, 208, and 209) are criminal statutes which provide for fines or imprisonment if they are violated. Their full text is set forth in appendix A to subpart A of this part. In summary, they apply to the special Government employee as follows;

(a) Sections 203 and 205 of Title 18, United States Code, apply to the special Government employee in his capacity as a private individual while serving also as a Government employee. They provide that the special Government employee may not, except in the discharge of his Government duties:

(1) Represent anyone else before a court or any Government agency in relation to a "particular matter" involving a specific party or parties in which the United States is a party or has a direct and substantial interest, and in which he has at any time participated "personally and substantially" either as a special or regular Government employee.

(2) Represent anyone else before a court or any Government agency in relation to a "particular matter" involving a specific party or parties which is pending within EPA, if he has served as an EPA employee for more than 60 days during the preceding 365 days. The special Government employee is bound by this restraint whether or not he has acted "personally and substantially" in relation to the "particular matter."

There are four exceptions to the application of one or both of the foregoing prohibitions, which are specified in the full text of section 205 of title 18, United States Code, at appendix A to subpart A. (b) Section 207 of title 18, United States Code, applies to the special Government employee in his capacity as a private individual, after he has terminated his service as a Government employee. It provides that the former employee shall not:

(1) At any time after his Government employment has ended, represent anyone else before a court or any Government agency in relation to a "particular matter" involving a specific party or parties, in which the United States is a party or

has a direct and substantial interest and in which he participated "personally and substantially" either as a special or regular Government employee.

(2) Within 1 year after his Government employment has ended, appear personally before a court or any Government agency in relation to a "particular matter" involving a specific party or parties in which the United States is a party or has a direct and substantial interest, and which was under his "official responsibility" as a Government employee within a period of 1 year prior to the termination of such responsibility. This prohibition applies whether or not the special Government employee participated "personally and substantially" in the "particular matter" while he was employed.

(c) Section 207(c) of Title 18, United States Code, applies to the partner of a special Government employee. It provides that during the period of the special Government employee's appointment, his partner shall not act as agent or attorney for anyone else in relation to a "particular matter" in which the United States is a party or has a direct and substantial interest, and in which the employee is participating or has participated "personally and substantially" as a special Government employee, or which is under the employee's "official responsibility."

(d) (1) Section 208 of Title 18, United States Code, applies to the special Government employee, when he is acting in his capacity as a Government employee. It provides that the special Government employee shall not, in his governmental capacity, participate "personally and substantially" in any "particular matter" in relation to which matter, to his knowledge, he, his spouse, minor child, partner, organization in which he is serving as officer, director, trustee, partner, or employee, or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, has a financial interest.

(2) The statute also provides two exemptions from the foregoing prohibition which permit a special Government employee to participate "personally and substantially" in a “particular matter," notwithstanding the existence of a conflicting financial interest which he holds directly or that is imputed to him. These exemptions are:

(i) In connection with specific matters, if the special Government employee's financial interest is not so substantial as to be deemed likely to affect the integrity of the services which the Government may expect from him, an ad hoc exemption from the application of the statutory prohibition may be granted in writing in advance of his acting in relation to that matter, by the Administrator.

(ii) A general exemption, applicable to all employees including special Government employee, of certain financial interests which have been determined to be too remote or too inconsequential to affect the integrity of an employee's services in any matter in which he may be called upon to participate, may also be granted. The categories of financial interests which have been exempted by the Administrator under this general authority are set forth in appendix C to subpart C of this part.

(e) Section 209 of Title 18, United States Code, the fifth "conflict-ofinterest" statute, does not apply to special Government employees.

§ 3.607 Other statutes.

(a) There are many other criminal statutes which are especially aimed at regulating the conduct of Government employees and which, therefore, apply to special Government employees. Two such statutes which are closely related to the conflict of interests statutes are: (1) Bribery.-Section 201 of Title 18, United States Code, prohibits a Government employee from soliciting, receiving, or agreeing to receive, directly or indirectly, anything of value for himself or others in connection with the performance of his official duties, or in return for committing or aiding in the commission of a fraud on the United States.

(2) Disclosure of confidential information.-Section 1905 of Title 18, United States Code, prohibits a Government employee from disclosing, in any manner and to any extent not authorized by law, any information coming to him in the course of his employment or official duties which concerns or is related to the trade secrets, processes, operations, style or work, or apparatus, or to the identity, confidential statistical data, amount or source of any income, profits, losses, or expenditures of any person, business entity, or association.

for public projects and all persons who are displaced from their homes, businesses or farms.

§ 4.3

Definitions.

As used in this part

(a) "Administrator" means the Administrator of the Environmental Protection Agency or his designee.

(b) "Business" means a lawful activity, other than a farm operation, conducted primarily—

(1) For the purchase, sale, lease, or rental of personal and real property, or the manufacture, processing, or marketing of products, commodities, or other personal property;

(2) For the sale of services to the public; or

(3) By a nonprofit organization.

(c) "Displacing Agency" means EPA or the Federal or State agency responsible for carrying out the project for which real property is to be acquired.

(d) "Dwelling" includes a singlefamily house, a single-family unit in a multifamily building, a unit of a condominium or cooperative housing project, a mobile home, or any other residential unit.

the

(e) "Economic rent" means amount of rent a tenant or homeowner would have to pay for a dwelling similar to the acquired dwelling in a comparable area on the private market.

(f) "Farm operation" means a lawful activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use and customarily producing those products or commodities in sufficient quantity to be capable of providing at least one-third of the operator's income, however, in instances where such operation is obviously a farm operation it need not contribute one-third to the operation's income for him to be eligible for relocation payments.

(g) "Federal agency" means a department, agency, or instrumentality in the Executive Branch of Government (except the National Capital Housing Authority), any wholly-owned Government corporation (except the District of Columbia Redevelopment Land Agency), and the Architect of the Capitol, the Federal Reserve Banks and branches thereof.

(h) "Federal financial assistance" means a contract, grant, loan, or contri

bution by the United States to a State or State agency, other than a Federal guarantee or insurance or an annual payment or capital loan to the District of Columbia.

(i) “Federally assisted" means, with respect to States or State agencies, assisted by a contract, grant, loan, or contribution by the United States, other than a Federal guarantee or insurance or an annual payment or capital loan to the District of Columbia.

(j) "Homeowner" means an individual or family who owns a dwelling.

(k) "Initiation of negotiations" means the date the displacing agency makes its first personal contact with the owner of real property, or his representative, to discuss price of the property to be acquired.

(1) "Mortgage" means a lien commonly given to secure an advance on, or the unpaid purchase price of, real property under the laws of the State in which real property is located, together with any credit instruments secured thereby.

(m) "Own" means holding any of the following interests in a dwelling or a contract to purchase one of those interests:

(1) A fee title.

(2) A life estate.

(3) A 99-year lease.

(4) A lease with at least 50 years to run from the date of acquisition of the property.

(5) An interest in a cooperative housing project which includes the right to occupy a dwelling.

(n) "Person" includes a partnership, company, corporation, or association as well as individual.

(o) "State" means any of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, the trust territories of the Pacific Islands, or a political subdivision of any of those jurisdictions.

(p) "State agency" means a department, public body, agency or instrumentality of a State or of a political subdivision of a State, or any department, agency or instrumentality of two or more States or of two or more political subdivisions of a State or States, the National Capital Housing Authority and the District of Columbia Redevelopment Land Agency.

(q) "Tenant" means an individual or family who rents, or is temporarily in

lawful possession of a dwelling, including a sleeping room.

§ 4.5 Applicability.

This part applies to projects which are part of a Federal or federally-assisted program administered by the Environmental Protection Agency and which, after January 1, 1971, cause the displacement of persons or the acquisition of real property.

§ 4.7 Displaced person; qualifications.

(a) Subject to the requirements of paragraphs (c), (d), and (e) of this section, a person qualifies as a displaced person for the purposes of this part if after January 1, 1971, he moves from real property, or moves his personal property from real property, on which he resides or conducts a business or farm operation, and the move is a direct result of(1) The initiation of negotiations for the real property;

(2) A written notice from the displacing agency of its intent to acquire the real property by a definite date; or

(3) A written order from the displacing agency to vacate the real property; for a project undertaken by the Environmental Protection Agency or a State agency receiving Federal financial assistance from EPA.

(b) A person may qualify as a displaced person, regardless of—

(1) Whether the property is acquired by a Federal or State agency;

(2) The method of acquisition;

(3) The name or status of the person who acquires or holds fee title to the property; or

(4) Whether Federal funds contribute directly to the payment for the property, if the property must be acquired for a Federal or federally-assisted program or project, and the end result is to serve or be considered to serve in the public interest.

(c) A person does not qualify as a displaced person under paragraph (a) (1) or (2) of this section until

(1) The displacing agency becomes entitled to possession of the real property under an agreement or a court order in a condemnation proceeding for acquiring the property;

(2) The owner conveys title to the real property to the displacing agency; or

(3) The owner and the displacing agency enter into a contract for the purchase of the real property, but only if the real property is not to be reoccupied be

fore the agency is to acquire title or the right to possession.

(d) A person, other than the former owner or tenant, who enters into rental occupancy of real property after its ownership passes to the displacing agency, does not qualify as a displaced person for the purposes of this part.

(e) A person who enters into occupancy of real property after the initiation of negotiations for that property or the issuance of a notice of intent to acquire that property by a given date, as the case may be, does not qualify as a displaced person for the purposes of this part.

§ 4.11 Comparable replacement dwelling; requirements.

A dwelling is a comparable replacement dwelling for the purposes of this part if it is

(a) Decent, safe, and sanitary;

(b) Functionally equivalent and substantially the same as the dwelling being acquired with respect to

(1) Number of rooms;

(2) Area of living space;
(3) Age; and

(4) State of repair.

(c) In an area not generally less desirable than the dwelling being acquired with respect to—

(1) Public utilities; and

(2) Public and commercial facilities. (d) Reasonably accessible to the place of employment of the head of the displaced family or the displaced individual, as the case may be;

(e) Adequate to accommodate the displaced family or individual;

(f) In an equal or better neighborhood;

(g) Available on the market; and (h) Within the financial means of the displaced family or individual.

§ 4.13 Decent, safe, and sanitary dwelling; requirements.

(a) A dwelling is decent, safe, and sanitary for the purposes of this part if it

(1) Meets the applicable State or local building, plumbing, electrical, housing, and occupancy codes or similar ordinances or regulations for existing structures;

(2) Has a continuing and adequate supply of potable safe water;

(3) Has a kitchen or an area set aside for kitchen use which contains a sink in good working condition and connected