Part

2100.735-106 Specific provisions of agency regulations governing special Government employees. employment

2100.735-107 Statements of

and financial interest. 2100.735-108 Supplementary statements. AUTHORITY: The provisions of this Part 2100 issued under E.O. 11222; 3 CFR, 19641965 Comp.; 5 CFR 735.104.

SOURCE: The provisions of this Part 2100 appear at 33 F.R. 485, Jan. 13, 1968, unless otherwise noted.

§ 2100.735-101 Adoption of regulations.

Pursuant to 5 CFR 735.104(f), the U.S. Soldiers' 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, 735.407735.411, 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 Regu

lations, previously adopted by § 2100.735–101, 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 serv

ices 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.

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 employ. ment 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' 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

ments.

state

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 conflicts-of-interest provisions of section 208 of title 18, United States Code or the regulations in this part or adopted under § 2100.735-101.

ployees and special Government employees is essential to assure the proper performance of the Government business and the maintenance of confidence by citizens in their Government. The avoidance of misconduct and conflicts of interest on the part of Government employees and special Government employees through informed judgment is indispensable to the maintenance of these standards. To accord with these concepts, the regulations in this part set forth the Agency's standards covering the Agency's employees and special Government employees, prescribing standards of conduct and responsibilities, and governing statements reporting employment and financial interests. § 2200.735-102

Definitions.

(a) “Agency" means the District of Columbia Redevelopment Land Agency.

(b) "Board Member" means a member of the Board of Directors of the District of Columbia Redevelopment Land Agency appointed pursuant to Title 5, section 703, D.C. Code 1961.

(c) "Chairman" means the Chairman of the Board of Directors of the District of Columbia Redevelopment Land Agency.

(d) "Consultant" means an individual who serves as an adviser to an officer or instrumentality of the Government, as distinguished from an officer or employee who carries out the agency's duties and responsibilities. He gives his views or opinions on problems or questions presented him by the Agency, but he neither performs nor supervises performance of operating functions. Ordinarily, he is expert in the field in which he advises, but he need not be a specialist. His expertness may lie in his possession of a high order of broad administrative, professional, or technical experience indicating that his ability and knowledge make his advice distinctively valuable to the Agency. (Chapter 304, Federal Personnel Manual).

(e) "Division Head" means the head of a unit within the District of Columbia Redevelopment Land Agency designated as a Division by the Head of the Agency for the purposes of this part.

(f) "Employee" means an officer or employee of the Agency, but does not include a special Government employee.

(g) "Executive Order" means Executive Order 11222 of May 8, 1965.

(h) "Expert" means a person with excellent qualifications and a high degree

of attainment in a professional, scientific, technical, or other field. His knowledge and mastery of the principles, practices, problems, methods, and techniques of his field of activity, or of a specialized area in the field, are clearly superior to those usually possessed by ordinarily competent individuals in that activity, His attainment is such that he usually is regarded as an authority or as a practitioner of unusual competence and skill by other individuals in the profession, occupation, or activity. (Chapter 304, Federal Personnel Manual.)

(i) "Head of the Agency" means the Executive Director with respect to any employee or special Government employee except Board Members; and means the Chairman with respect to the Executive Director and Board Members.

(j) "Person" means an individual, a corporation, a company, an association, a firm, a partnership, a society, a joint stock company, or any other organization or institution.

(k) "Special Government employee" means a Board Member and any officer or employee of the District of Columbia Redevelopment Land Agency who is retained, designated, appointed, or employed to perform, with or without compensation, for a period not to exceed 130 days during any period of 365 consecutive days, temporary duties either on a full-time basis, or intermittent basis. (18 U.S.C. 202.)

[31 F.R. 13787, Oct. 27, 1966, as amended at 32 F.R. 17573, Dec. 8, 1967]

§ 2200.735-103 Interpretation and advisory service.

(a) The General Counsel of the Agency, or such other officer as the Executive Director in his discretion shall from time to time appoint, after notification to the Civil Service Commission, shall be the Counselor for the Agency on matters of interpretation of the regulations in this part and shall be the Agency's designee to the Civil Service Commission on matters covered by the regulations in this part. The Counselor will be responsible for coordination of the Agency's counseling services provided under paragraph (b) of this section and for assuring that counseling and interpretations on questions of conflicts of interest and other matters covered by this part are available to Deputy Counselors designated under paragraph (b) of this section.