[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: 5CFR2634.205]

[Page 508-509]
 
                    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. 2634.205  Special waiver of public reporting requirements.

    (a) General rule. In unusual circumstances, the Director of the 
Office of Government Ethics may grant a request for a waiver of the 
public reporting requirements under this subpart for an individual who 
is reasonably expected to perform, or has performed, the duties of an 
office or position for fewer than 130 days in a calendar year, but only 
if the Director determines that:
    (1) The individual is a special Government employee, as defined in 
18 U.S.C. 202(a), who performs temporary duties either on a full-time or 
intermittent basis;
    (2) The 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 interest; and
    (4) Public financial disclosure by the individual is not necessary 
under the circumstances.
    (b) Procedure. (1) Requests for waivers must be submitted to the 
Office of Government Ethics, via the requester's agency, within 10 days 
after an employee learns that he will hold a position which requires 
reporting and that he will serve in that position for more than 60 days 
in any calendar year, or upon serving in such a position for more than 
60 days, whichever is earlier.
    (2) The request shall consist of:
    (i) A cover letter which identifies the individual and his position, 
states the approximate number of days in a calendar year which he 
expects to serve in that position, and requests a waiver of

[[Page 509]]

public reporting requirements under this section;
    (ii) An enclosure which states the reasons for the individual's 
belief that the conditions of paragraphs (a) (1) through (4) of this 
section are met in the particular case; and
    (iii) The report otherwise required by this subpart B, as a factual 
basis for the determination required by this section. The report shall 
bear the legend at the top of page 1: ``CONFIDENTIAL: WAIVER REQUEST 
PENDING PURSUANT TO 5 CFR 2634.205.''
    (3) The agency in which the individual serves shall advise the 
Office of Government Ethics as to the justification for a waiver.
    (4) In the event a waiver is granted, the report shall not be 
subject to the public disclosure requirements of Sec. 2634.603; 
however, the waiver request cover letter shall be subject to those 
requirements. In the event that a waiver is not granted, the 
confidential legend shall be removed from the report, and the report 
shall be subject to public disclosure; however, the waiver request cover 
letter shall not then be subject to public disclosure.

(Approved by the Office of Management and Budget under control number 
3209-0004)

[57 FR 11806, Apr. 7, 1992, as amended at 59 FR 34756, July 7, 1994]