[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: 5CFR5201.105]

[Page 763-764]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                    CHAPTER XLII--DEPARTMENT OF LABOR
 
PART 5201_SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE 
 
Sec. 5201.105  Additional rules for Mine Safety and Health Administration 

employees.

    The rules in this section apply to employees of the Mine Safety and 
Health Administration (MSHA) and are in addition to Sec. Sec. 5201.101, 
5201.102, and 5201.103.
    (a) Prohibited financial interests. Employees in the MSHA and their 
spouses and minor children are prohibited from having any financial 
interests (including compensated employment) in any company or other 
person engaged in mining activities subject to the Federal Mine Safety 
and Health Act of 1977 (Mine Safety and Health Act), 30 U.S.C. 801 et 
seq. A company or other person shall be deemed to be engaged in such 
mining activities if it owns 50 percent or more of the voting securities 
of another company or other person engaged in such mining activities. A 
company or other person shall not be deemed to be engaged in such mining 
activities solely because it is controlled by a company or other person 
which does engage in such activities.
    (b) Exceptions. (1) Nothing in this section prohibits an employee or 
the spouse or minor child of an employee from acquiring, owning or 
controlling an interest in a publicly traded or publicly available 
investment fund provided that, upon initial or subsequent investment by 
the employee (excluding ordinary dividend reinvestment), the fund does 
not have invested, or does not indicate in its prospectus the intent to 
invest, more than 30 percent of its assets in the securities of a 
company or other person engaged in mining activities subject to the Mine 
Safety and Health Act, and the employee, spouse, or minor child neither 
exercises control nor has the ability to exercise control over the 
financial interests held in the fund.
    (2) Nothing in this section prohibits an employee or the spouse or 
minor

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child of an employee from having a financial interest in a pension 
administered by, or which invests in, a company or other person engaged 
in mining activities subject to the Mine Safety and Health Act.

    Example: A mine inspector who was a former employee of mining 
company X could continue to participate in mine company X's pension plan 
without violating this section. However, he would have to disclose the 
interest on his financial disclosure report. Additionally, the inspector 
should not inspect or otherwise take official action on a matter 
affecting mine company X without checking with his ethics advisor to 
ensure that performance of his official duties would not violate the 
conflict of interest statute (18 U.S.C. 208) or any other ethics 
provisions.

    (c) Waiver. (1) The Assistant Secretary of labor for Mine Safety and 
Health or the Assistant Secretary's designee may grant an employee a 
written waiver from the prohibitions contained in paragraph (a) of this 
section, based on a determination that the waiver is not inconsistent 
with 5 CFR part 2635 or otherwise prohibited by law and that, under the 
particular circumstances, application of the prohibition is not 
necessary to avoid the appearance of misuse of position or loss of 
impartiality, or to ensure confidence in the impartiality and 
objectivity with which Mine Safety and Health Administration programs 
are administered.
    (2) The Assistant Secretary or the designee shall grant a waiver 
from the prohibitions in paragraph (a) of this section regarding spouses 
and minor children unless the Assistant Secretary or the designee 
determines that the covered relationship or interest is likely to be 
inconsistent with 5 CFR part 2635 or is otherwise prohibited by law.
    (3) A waiver under this section may be accompanied by appropriate 
conditions, such as requiring execution of a written statement of 
disqualification. A waiver may be withdrawn if it is later determined 
that such waiver does not meet the requirements for the granting of 
waivers under this paragraph. Notwithstanding the grant of any waiver, a 
covered employee remains subject to the disqualification requirements of 
5 CFR 2635.402 and 2635.502.
    (4) Factors which may be considered in connection with the granting 
or denial of waivers include the nature and extent of the financial 
interest, and the official position and duties of the employee.
    (d) Pre-existing interests. Notwithstanding paragraph (a) of this 
section, an employee of the Mine Safety and Health Administration, and a 
spouse or minor child of such an employee, may retain financial 
interests otherwise prohibited by paragraph (a) of this section which 
were approved in writing under procedures in effect before the effective 
date of this section, unless the approval is withdrawn, subject to the 
standards applicable to the withdrawal of waivers under paragraph (c) of 
this section.

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