[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2634.203]

[Page 507-508]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER XVI--OFFICE OF GOVERNMENT ETHICS
 
PART 2634_EXECUTIVE BRANCH FINANCIAL DISCLOSURE, QUALIFIED TRUSTS, AND 
 
 Subpart B_Persons Required To File Public Financial Disclosure Reports
 
Sec. 2634.203  Persons excluded by rule.

    (a) In general. Any individual or group of individuals described in 
Sec. 2634.202(e) of this subpart (relating to positions of a 
confidential or policy-making character) may be excluded by rule from 
the public reporting requirements of this subpart when the Director of 
the Office of Government Ethics determines, in his sole discretion, that 
such exclusion would not affect adversely the integrity of the 
Government or the public's confidence in the integrity of the 
Government.
    (b) Exclusion determination. The determination required by paragraph 
(a) of this section has been made for the following group of individuals 
who, therefore, may be excluded from the public reporting requirements 
of this subpart, pursuant to the procedures in paragraph (c) of this 
section: Individuals in any position classified at GS-15 of the General 
Schedule or below, or the rate of basic pay for which is less than 120% 
of the minimum rate of basic pay fixed for GS-15, who have no policy-
making role with respect to agency programs. Such individuals may 
include chauffeurs, private secretaries, stenographers, and others 
holding positions of a similar nature whose exclusion would be 
consistent with the basic criterion

[[Page 508]]

set forth in paragraph (a) of this section. See Sec. 2634.904(a)(4) for 
possible coverage by confidential disclosure rules.
    (c) Procedure. (1) The exclusion of any individual from reporting 
requirements pursuant to this section will be effective as of the time 
the employing agency files with the Office of Government Ethics a list 
and description of each position for which exclusion is sought, and the 
identity of any incumbent employees in those positions. Exclusions 
should be requested prior to due dates for the reports which such 
employees would otherwise have to file.
    (2) If the Office of Government Ethics finds that one or more 
positions has been improperly excluded, it will advise the agency and 
set a date for the filing of the report.

[57 FR 11806, Apr. 7, 1992; 57 FR 21854, May 22, 1992, as amended at 58 
FR 38912, July 21, 1993; 71 FR 28233, May 16, 2006]