[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR1207.102]



[Page 68-69]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1207_STANDARDS OF CONDUCT--Table of Contents

 

                      Subpart A_General Provisions

 

Sec. 1207.102  Waiver of prohibition in 18 U.S.C. 208.



    (a) Prohibition. Employees are prohibited by criminal statute, 18 

U.S.C. 208(a), from participating personally and substantially in an 

official capacity in any particular matter in which, to their knowledge, 

they, or any person whose interests are imputed to them under the 

statute, have a financial interest, if the particular matter will have a 

direct and predictable effect on that interest.

    (b) Specific waiver available. A NASA employee may request a waiver 

of this prohibition. NASA may grant a specific waiver of the prohibition 

only if the Agency determines that the employee's financial interest is 

not so substantial as to be deemed likely to affect the integrity of the 

employee's services. The waiver must be obtained before the employee 

participates in the matter.

    (c) Officials authorized to make waiver determinations. (1) For the 

employees listed below, waivers must be approved by the Administrator or 

Deputy Administrator. No further delegation is authorized.

    (i) Employees who are required by 5 CFR 2634.202 to file Public 

Financial Disclosure Reports;

    (ii) Employees who are appointed under authority of section 

203(c)(2) (``NASA Excepted Positions'') or section 203(c)(10) (``Alien 

Scientists'') of the National Aeronautics and Space Act of 1958, as 

amended (42 U.S.C. 2473(c)(2) and 2473(c)(10));

    (iii) Astronauts and astronaut candidates;

    (iv) Chief Counsel; and

    (v) Procurement Officers.

    (2) For all other Headquarters employees, the Associate 

Administrator for Headquarters Operations may approve waivers of 18 

U.S.C. 208. This authority may not be redelegated.

    (3) For all other Center employees, the Center Director or Deputy 

Center Director may approve waivers of 18 U.S.C. 208. This authority may 

not be redelegated.

    (d) Procedures for specific waiver. The employee's request for a 

waiver must be in writing. The request must describe the particular 

matter involved, the relevant duties of the employee, and the exact 

nature and amount of the disqualifying financial interest.

    (1) Headquarters employees. (i) Those Headquarters employees 

described in paragraph (c)(1) of this section must submit their requests 

to the Official-in-Charge of the Headquarters office in which they are 

employed and to the General Counsel for concurrence. The Official-in-

Charge will then submit the request to the Administrator with 

recommendations on the proposed waiver.



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    (ii) Other Headquarters employees must submit their requests to the 

Associate General Counsel (General) for concurrence, and to the 

Associate Administrator for Headquarters Operations for approval.

    (2) Center employees. (i) Those Center employees described in 

paragraph (c)(1) of this section must submit their requests to the 

Center Chief Counsel for concurrence and then to the Director of the 

Center where they are employed. The Center Director will provide the 

request, with recommendations, to the appropriate Enterprise Associate 

Administrator and to the General Counsel for review and submission to 

the Administrator.

    (ii) Other Center employees must submit their requests to the Center 

Chief Counsel for concurrence, and then to their Center Director or 

Deputy Center Director for approval.

    (3) Copies of approved waivers must be forwarded to the Associate 

Administrator for Human Resources and Education, the General Counsel, 

and the Office of Government Ethics.

    (e) Cross-references. For regulations concerning general waiver 

guidance and exemptions under 18 U.S.C. 208, see 5 CFR part 2640.



[66 FR 59137, Nov. 27, 2001]