[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: 5CFR2634.901]

[Page 542-543]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER XVI--OFFICE OF GOVERNMENT ETHICS
 
PART 2634_EXECUTIVE BRANCH FINANCIAL DISCLOSURE, QUALIFIED TRUSTS, AND 
 
           Subpart I_Confidential Financial Disclosure Reports
 
Sec. 2634.901  Policies of confidential financial disclosure reporting.

    Source: 57 FR 11826, Apr. 7, 1992, unless otherwise noted.


    (a) The confidential financial reporting system set forth in this 
subpart is designed to complement the public reporting system 
established by title I of the Act. High-level officials in the executive 
branch are required to report certain financial interests publicly to 
ensure that every citizen can have confidence in the integrity of the 
Federal Government. It is equally important in order to guarantee the 
efficient and honest operation of the Government that other, less 
senior, executive

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branch employees, whose Government duties involve the exercise of 
significant discretion in certain sensitive areas, report their 
financial interests and outside business activities to their employing 
agencies, to facilitate the review of possible conflicts of interest. 
These reports assist an agency in administering its ethics program and 
counseling its employees. Such reports are filed on a confidential 
basis.
    (b) The confidential reporting system seeks from employees only that 
information which is relevant to the administration and application of 
criminal conflict of interest laws, administrative standards of conduct, 
and agency-specific statutory and program-related restrictions. The 
basic content of the reports required by Sec. 2634.907 of this subpart 
reflects that certain information is generally relevant to all agencies. 
However, depending upon an agency's authorized activities and any 
special or unique circumstances, additional information may be 
necessary. In these situations, and subject to the prior written 
approval of the Director of the Office of Government Ethics, agencies 
may formulate supplemental reporting requirements by following the 
procedures of Sec. Sec. 2634.103 and 2634.601(b).
    (c) This subpart also allows an agency to request, on a confidential 
basis, additional information from persons who are already subject to 
the public reporting requirements of this part. The public reporting 
requirements of the Act address Governmentwide concerns. The reporting 
requirements of this subpart allow agencies to confront special or 
unique agency concerns. If those concerns prompt an agency to seek more 
extensive reporting from employees who file public reports, it may 
proceed on a confidential, nonpublic basis, with prior written approval 
from the Director of the Office of Government Ethics, under the 
procedures of Sec. Sec. 2634.103 and 2634.601(b).
    (d) The reports filed pursuant to this subpart are specifically 
characterized as ``confidential,'' and are required to be withheld from 
the public, pursuant to section 107(a) of the Act. Section 107(a) leaves 
no discretion on this issue with the agencies. See also Sec. 2634.604. 
Further, Executive Order 12674 as modified by Executive Order 12731 
provides, in section 201(d), for a system of nonpublic (confidential) 
executive branch financial disclosure to complement the Act's system of 
public disclosure. The confidential reports provided for by this subpart 
contain sensitive commercial and financial information, as well as 
personal privacy-protected information. These reports and the 
information which they contain are, accordingly, exempt from being 
released to the public, under exemptions 3 (A) and (B), 4, and 6 of the 
Freedom of Information Act (FOIA), 5 U.S.C. 552(b)(3) (A) and (B), 
(b)(4), and (b)(6). Additional FOIA exemptions may apply to particular 
reports or portions of reports. Agency personnel shall not publicly 
release the reports or the information which these reports contain, 
except pursuant to an order issued by a Federal court, or as otherwise 
provided under applicable provisions of the Privacy Act (5 U.S.C. 552a), 
and in the OGE/GOVT-2 Governmentwide executive branch Privacy Act system 
of records, as well as any applicable agency records system. If an 
agency statute requires the public reporting of certain information and, 
for purposes of convenience, an agency chooses to collect that 
information on the confidential report form filed under this subpart, 
only the special statutory information may be released to the public, 
pursuant to the terms of the statute under which it was collected.
    (e) Executive branch agencies hire or use the paid and unpaid 
services of many individuals on an advisory or other less than full-time 
basis as special Government employees. These employees may include 
experts and consultants to the Government, as well as members of 
Government advisory committees. It is important for those agencies that 
utilize such services, and for the individuals who provide the services, 
to anticipate and avoid real or apparent conflicts of interest. The 
confidential financial disclosure system promotes that goal, with 
special Government employees among those required to file confidential 
reports.
    (f) For additional policies and definitions of terms applicable to 
both the public and confidential reporting systems, see Sec. Sec. 
2634.104 and 2634.105.

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