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ment employees are advised, however, that if such other companies become involved in either the system or ownership of gas to be transported through the system, ownership of the securities of those companies will, at that time, become prohibited.

(2) As a general rule, the securities of those companies supplying goods or services for the planning or construction of the system are not prohibited from ownership by special Government employees. Nevertheless, certain of these companies could supply such a large share of goods or services for the system that special Government employees also may not own their securities.

(3) Special Government employees shall not own the securities of companies described in this paragraph only if and when a specific company is included in the prohibited securities list provided in accordance with paragraph (c) of this section.

(e) If special Government employees have any questions or doubts regarding the ownership of securities, they should contact the ethics officer for advice.

(f) A special Government employee may obtain a waiver of the prohibitions, imposed by paragraphs (a) and (b) of this section, for a particular financial interest. In order to obtain a waiver, a special Government employee must fully disclose his financial interest to the ethics officer and to the Federal Inspector. If the ethics officer and the Federal Inspector determine that the disclosed financial interest is not so substantial as to be likely to affect the integrity of the special Government employee's services, they may grant a waiver.

(g) The prohibitions of paragraphs (a) and (b) of this section do not apply to mutual funds and investments in mutual savings banks. Further, if a special Government employee has continued to participate in a bona fide pension, retirement, group life, health, or accident insurance plan or other employee welfare or benefit plan that is maintained by a business or nonprofit organization of which he is a former employee, that financial interest is exempted from the prohibitions of paragraphs (a) and (b) of this sec

tion, except when the welfare or benefit plan is a profit-sharing or stockbonus plan.

§ 1506.507 Miscellaneous statutory provisions.

Each special Government employee shall acquaint him or herself with the following statutory provisions which relate to Federal employee conduct. Copies, explanations, and interpretations of these provisions may be obtained from the ethics officer or his deputy.

(a) House Concurrent Resolution 175, 85th Congress, 2d session, 72 Stat. B12, the "Code of Ethics for Government Service".

(b) Chapter 11 of Title 18, United States Code, relating to bribery, graft, and conflicts of interest, as appropriate to the special Government employee concerned.

(c) The prohibition against lobbying with appropriated funds (18 U.S.C. 1913).

(d) The prohibition against disloyalty and striking (5 U.S.C. 7311, 18 U.S.C. 1918).

(e) The prohibitions against (1) the disclosure of classified information (18 U.S.C. 798, 50 U.S.C. 783); and (2) the disclosure of confidential information (18 U.S.C. 1905).

(f) The provision relating to the habitual use of intoxicants to excess (5 U.S.C. 7352).

(g) The prohibition against the misuse of a Government vehicle (31 U.S.C. 638a(c)).

(h) The prohibition against the misuse of the franking privilege (18 U.S.C. 1719).

(i) The prohibition against the use of deceit in an examination or personnel action in connection with Government employment (18 U.S.C. 1917).

(j) The prohibition against fraud or false statements in a Government matter (18 U.S.C. 1001).

(k) The prohibition against mutilating or destroying a public record (18 U.S.C. 2071).

(1) The prohibition against counterfeiting and forging transportation requests (18 U.S.C. 508).

(m) The prohibition against (1) embezzlement of Government money or

property (18 U.S.C. 641); (2) failure to account for public money (18 U.S.C. 643); and (3) embezzlement of the money or property of another person in the possession of an employee by reason of his employment (18 U.S.C. 654).

(n) The prohibition against unauthorized use of documents relating to claims from or by the Government (18 U.S.C. 285).

(0) The prohibitions against certain political activities in the "Hatch Act" (5 U.S.C. 7324-7327 and 18 U.S.C. 602, 603, 607, and 608).

(p) The prohibition against an employee acting as the agent of a foreign principal registered under the Foreign Agents Registration Act (18 U.S.C. 219).

Subpart F-Public Financial Disclosure Requirements for Special Government Employees.

§ 1506.601 Special Government employees subject to public financial disclosure requirements.

Every special Government employee whose position is classified at GS-16 or above or who is paid at an equivalent rate shall annually file a 278 form, the public financial disclosure form.

§ 1506.602 Applicability of subpart C to special Government employees.

All of the provisions in Subpart C, concerning public financial disclosure by regular employees, shall apply equally to special Government employees. Therefore, every special Government employee who must file a public financial disclosure statement should familiarize him or herself with that subpart and look to it for guidance in meeting his or her public financial disclosure obligations.

§ 1506.603 Exception for special Government employees who are employed for less than sixty days.

(a) A special Government employee who must otherwise file a 278 form may be excepted from this obligation if, as determined by the ethics officer, the special Government employee is not reasonably expected to perform

the duties of his or her office or position for more than sixty days in a calendar year.

(b) Notwithstanding paragraph (a) of this section, a special Government employee who is subject to public financial disclosure requirements and actually performs the duties of his or her position for more than sixty days in a calendar year shall file a 278 form within fifteen days after the sixty-first day of such employment, unless excepted under § 1506.604.

§ 1506.604 Special waiver of public disclosure requirement for special Government employees.

(a) In unusual circumstances, the Director, Office of Government Ethics, may grant a request for a waiver of any reporting requirement otherwise applicable for an individual who is reasonably expected to perform, or has performed, the duties of his of her office or position for less than one hundred and thirty days in a calendar year, but only if the Director determines that:

(1) Such individual is a special Government employee,

(2) Such individual is able to provide services specially needed by the Government,

(3) It is unlikely that the individual's outside employment or financial interests will create a conflict of interests, and

(4) Public financial disclosure by such individual is not necessary under the circumstances.

(b) In requesting a waiver pursuant to paragraph (a) of this section, the procedures of the OGE (5 CFR 734.205) shall be followed.

Subpart G-Confidential Disclosure By Special Government Employees

§ 1506.701 Special Government employees required to submit confidential statements of employment and financial interests.

(a) Unless subject to the public financial disclosure requirements of Subpart E of this part or unless exempted under paragraph (b) of this section, every special Government employee shall submit a confidential

statement of employment and financial interests.

(b) The requirement of paragraph (a) of this section may be waived for a special Government employee who is neither a consultant nor an expert and whose duties are such that disclosure of interests is not necessary to protect Government integrity. For the purpose of this subsection, "consultant" and "expert" have the meanings given those terms by Chapter 304 of the Federal Personnel Manual.

§ 1506.702 Time and place for submission of confidential statements.

Confidential statements of employment and financial interests shall be submitted to the OFI ethics officer not later than the commencement of

employment of the special Government employee. Special Government employees shall keep their statements current throughout their employment with the agency by the submission of supplementary statements.

§ 1506.703 Custody and review of confidential statements; remedial action. The confidential statements of employment and financial interests filed by special Government employees shall be kept in custody and reviewed in the same manner as are the confidential statements of regular employees. Special Government employees shall be afforded the same procedural safeguards as are regular employees in any remedial action taken against them.

FINDING AIDS

A list of CFR titles, subtitles, chapters, subchapters and parts and an alphabetical list of agencies publishing in the CFR are included in the CFR Index and Finding Aids volume to the Code of Federal Regulations which is published separately and revised semiannually (January 1 and July 1).

Table of CFR Titles and Chapters

Alphabetical List of Agencies Appearing in the CFR
Redesignations and Editorial Changes

List of CFR Sections Affected

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