(3) Statements of income, assets and liabilities must be reported by the President and Vice President of the United States, presidential appointees, those in the Senior Executive Service, those in confidential or policymaking positions (Schedule C), and civil service employees in grades GS-16 and above (and the equivalent), including comparable officers in the uniformed and foreign services. These reports are available to the public. If anyone uses them for commercial or credit rating reasons or in connection with the solicitation of money for any political, charitable or similar purpose, the Attorney General may institute a civil action against such a person which may result in a penalty not to exceed $5,000.

(4) The reports are not net worth statements. Only assets held as investments and certain other items must be recorded-not items for personal use, such as a residence or jewelry not held for sale. In most instances, specific values are not called for but rather items may be reported by six categories of value ranging from "$1,001 to $5,000" to "greater than $250,000" as the highest category.

(5) The reports do not cover certain contributions under the Federal Election Campaign Act or certain gifts under the Foreign Gifts Act; see § 734.301(c).

(6) Nothing in the Act or this part requiring reporting of information or the filing of any report shall be deemed to authorize the receipt of income, gifts, or reimbursements, the holding of assets, liabilities, or positions, or involvement in transactions that are prohibited by law, Executive order or regulation.

(7) Personnel below the grade of GS-16 continue to remain subject to the financial reporting requirements contained in the Office of Personnel Management's regulations contained in Part 735 of this title. These statements, however, are confidential and are not available for public inspection.

(b) The provisions of Title II of the Act and this part requiring the reporting of information shall supersede any general requirement relating to individuals specified by § 734.202, under any other provision of law or regula

tion on the reporting of information required for purposes of preventing conflicts of interest or apparent conflicts of interest. Such provisions of Title II and this part shall not supersede the requirements of 5 U.S.C. 7342 (relating to the Foreign Gifts Act).

§ 734.105 Definitions.

For purposes of this part:

Act. The term "Act" means the Ethics in Government Act of 1978 (Pub. L. 95-521, as amended).

Advisory committee. The term "advisory committee” means any committee, board, commission, council, conference, panel, task force, or other similar group which is established

(1) By statute or reorganization plan,

(2) By the President, or

(3) By one or more agencies,

in the interest of obtaining advice or recommendations for the President or one or more agencies or officers of the Federal Government; such term includes any subcommittee or other subgroup of any advisory committee, but does not include the Advisory Commission on Intergovernmental Relations and the Commission on Government Procurement. For purposes of this definition "agency" has the meaning given that term by 5 U.S.C. 551(1).

Agency. The term "agency" means any executive department, military department, Government corporation or independent establishment or agency.

Dependent child. The term "dependent child" means, when used with respect to any reporting individual, a son, daughter, stepson, or stepdaughter who

(1) Is unmarried and under age 21 and is living in the household of the reporting individual, or

(2) Is a dependent of the reporting individual within the meaning of section 152 of the Internal Revenue Code of 1954.

Designated agency ethics official. The term "designated agency ethics official" means an officer or employee who is designated by the head of the agency to administer the provisions of Title II of the Act and this part within an agency, or the delegate of such an official.

Executive branch. The term “executive branch" includes each executive department, military department, Government corporation and independent establishment and any other entity or administrative unit in the executive branch unless such agency, entity or unit is specifically included in the coverage of Title I (relating to the legislative branch) or Title III (relating to the judicial branch) of the Act.

Gift. The term "gift" means a payment, advance, forbearance, rendering, or deposit of money, or anything of value, unless consideration of equal or greater value is received by the donor, but does not include

(1) Bequests and other forms of inheritance,

(2) Suitable mementos of a function honoring the reporting individual,

(3) Food, lodging, transportation, and entertainment provided by a foreign government within a foreign country or by the United States Government,

(4) Food and beverages consumed at banquets, receptions, or similar events,

or

(5) Communications to the offices of a reporting individual including subscriptions to newspapers and periodicals.

Honoraria. The term "honoraria" has the meaning given such term for purposes of the Federal Election Campaign Act of 1971. An honorarium is defined in the regulations of the Federal Election Commission as a payment of money or anything of value received by an officer or employee of the Federal Government, if it is accepted as consideration or an appearance, speech, or article. The term does not include payment for or provision of actual travel and subsistence, including transportation, accommodations, and meals of an officer or employee and spouse or an aide, and does not include amounts paid or incurred for any agent's fees or commissions. See also the definitions of "Gift" and "Reimbursement" of this section.

Income. The term "income" means all income from whatever source derived, including but not limited to the following items: Compensation for services, including fees, commissions,

and similar items; gross income derived from business and net income if the individual elects to include it; gains derived from dealings in property including capital gains; interest; rents; royalties; dividends; annuities; income from life insurance and endowment contracts; pensions; income from discharge of indebtedness; net distributive share of partnership income; and income from an interest in an estate or trust. The term includes items, whether or not taxable for Federal income tax purposes, such as interest on municipal bonds. Generally, income means "gross income" as determined in conformity with the principles of 26 CFR 1.61-1 through 1.61-15.

Personal hospitality of any individual. The term "personal hospitality of any individual" means hospitality extended for a nonbusiness purpose by an individual, not a corporation or organization, at the personal residence of that individual or the family of such individual or on property or facilities owned by that individual or the family of such individual.

Personal Residence. The term "personal residence" means any real property used exclusively as a private dwelling by the reporting individual or his or her spouse, which is not rented for any period during a calendar year. There may be more than one personal residence, and the term may include a vacation home. The term is not limited to domicile.

Reimbursement. The term "reimbursement" means any payment or other thing of value received by the reporting individual, other than gifts, to cover travel-related expenses of such individual other than those which are

(1) Provided by the United States Government,

(2) Required to be reported by the reporting individual under 5 U.S.C. 7342 (relating to the Foreign Gifts Act), or

(3) Required to be reported under section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434) (relating to reports of campaign contributions).

Relative. The term "relative" means an individual who is related to the reporting individual, as father, mother,

son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, motherin-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, halfbrother, halfsister, or who is the grandfather or grandmother of the spouse of the reporting individual, and shall be deemed to include the fiance or fiancee of the reporting individual. Reporting individual. For the definition of "reporting individual", see § 734.202.

Reviewing official. The term "reviewing official" means the designated agency ethics official, the Secretary concerned, the head of the agency, or the Director, Office of Government Ethics, as the case may be.

Secretary concerned. The term "Secretary concerned" has the meaning set forth in 10 U.S.C. 101(8) (relating to the Secretaries of the Army, Navy and Air Force, and certain other Secretaries), and, in addition, means—

(1) The Secretary of Commerce, in matters concerning the National Oceanic and Atmospheric Administration, and

(2) The Secretary of Health and Human Services, with respect to matters concerning the Public Health Service.

Special Government employee. The term "special Government employee" has the meaning given that term by 18 U.S.C. 202(a).

Staff functions. The term "staff functions in support of an advisory committee" means the performance of duties with regard to matters of a substantive nature for an advisory committee. Whether generation of information is conducted independently or under the direct supervision of members of an advisory committee in fulfilling their responsibilities to advise the Executive branch, the substantive nature of the activity controls. A functional analysis of assigned subject matter responsibilities must be applied in each instance regardless of the contractual relationship between the individual performing the duties and the advisory committee. Preparation of

work plans, performance of studies, drafting reports, and formulating recommendations whether preliminary or final are considered matters of a substantive nature.

Value. The term "value" means a good faith estimate of the dollar value if the exact value is neither known nor easily obtainable by the reporting individual. In the case of any interest in property, such estimation shall be made in accordance with the principles of § 734.303(a).

[45 FR 69777, Oct. 21, 1980, as amended at 49 FR 33116, Aug. 21, 1984; 50 FR 1203, Jan. 10, 1985]

Subpart B-Persons Required To File § 734.201 General requirements for filing.

(a) Incumbents. A reporting individual who, during any calendar year, performs the duties of his or her position or office for a period in excess of 60 days shall file a report containing the information prescribed in Subpart C of this part on or before May 15 of the succeeding year.

(b) New entrants. Within 30 days of assuming a new position or office described in § 734.202, a reporting individual shall file a report containing the information prescribed in Subpart C of this part, unless such individual:

(1) Has left another position referred to in § 734.202 (with respect to which a report under this section has previously been filed) within the 30 days prior to his assumption of such new position, or

(2) Has already filed such a report(i) As a nominee for the new position, or

(ii) As a candidate for the position.

Example (1). Y, a GS-16 employee of the Treasury Department (who has previously filed reports in accordance with the rules of this section) terminates employment with that Department on January 12, 1980, and begins employment with the Commerce Department on February 10, 1980, in a Senior Executive Service position. Y is not a new entrant since she has assumed a position described in § 734.202 within thirty days of leaving another position so described. Accordingly, she need not file a new report with the Commerce Department.

NOTE: While Y did not have to file a new report with the Commerce Department,

that Department should request a copy of the report she had filed with the Treasury Department so that Commerce could determine whether or not there would be any conflicts or potential conflicts in connection with Y's new employment.

Example (2): If in Example (1), Y, had left a position with the Legislative branch in which she had been compensated at a rate equal to or in excess of GS-16, Y would, nevertheless, be a new entrant as her former position would not have been one described in § 734.202. Y would have to file a report with the Commerce Department.

(c) Nominees. At any time after a public announcement by the President or President-elect of his intention to nominate an individual to a position, appointment to which requires the advice and consent of the Senate, such individual may and, in any event, within five days after the transmittal of the nomination to the Senate, must file a report containing the information prescribed in Subpart C of this part. This requirement shall not apply to any individual who is nominated to a position as:

(1) A judicial officer or employee covered by section 301(b) of the Act,

(2) An officer of the uniformed services, or

(3) A foreign service officer in the State Department (or other department or agency).

See 734.604(c), relating to expedited procedure in the case of individuals described in the first sentence of this paragraph (c); however, those individuals referred to in paragraph (c)(2) or (c)(3) of this section, shall file their reports in accordance with paragraph (b) of this section.

(d) Candidates. (1) Within 30 days of becoming a candidate in a calendar year for nomination or election to the office of President or Vice President, as determined by the Federal Election Commission, or

(2) On or before May 15 of that calendar year,

whichever is later, and on or before May 15 of each successive year an individual continues to be a candidate, he or she, except for an incumbent President or Vice President, shall file a report containing the information prescribed in Subpart C of this part. Notwithstanding this requirement in any calendar year in which an individual

continues to be a candidate for any office but all elections for such office relating to such candidacy were held in prior calendar years, the individual need not file a report unless he or she becomes a candidate for another vacancy in that office or another office during that year.

Example (1): The Federal Election Commission determined that P became a candidate for President in January of 1979. P will be required to file a financial disclosure report on or before May 15, 1979. If P had become a candidate on June 1, 1979, she would be required to file a disclosure within 30 days of that date.

Example (2): If P withdraws from the race in March of 1980, she will not be required to file an annual disclosure report by May 15, 1980, as she has not continued to be a candidate until that date.

(e) Termination of employment. On or before that thirtieth day after termination of employment from a position or office described in § 734.202, a reporting individual shall file a report containing the information prescribed in Subpart C of this part for the period from the end of the calendar year with respect to which a report was last filed pursuant to paragraph (a) of this section to the date on which the individual left such office or position. Notwithstanding the preceding sentence, in a case in which the individual assumes employment in another position or office described in § 734.202 within 30 days of such termination, no report shall be required by the provisions of this paragraph. See Example (1) in paragraph (b) of this section.

(f) Extensions. The reviewing official may, for good cause shown, grant to any employee or class of employees an extension of up to 45 days. The Director, Office of Government Ethics, for good cause shown, may grant an additional extension of up to 45 days. The employee shall set forth specific reasons for an additional extension which shall be forwarded to the Director, through the reviewing official, who shall also submit his or her comments on the request.

[45 FR 69777, Oct. 21, 1980; 45 FR 83472, Dec. 19, 1980, as amended at 49 FR 33116, Aug. 21, 1984; 50 FR 1203, Jan. 10, 1985]

§ 734.202 Reporting individual; defined. For purposes of this part the term "reporting individual" includes

(a) The President;

(b) The Vice President;

(c) Each officer or employee in the executive branch, including a special Government employee as defined in 18 U.S.C. 202, whose position is classified at GS-16 or above of the General Schedule prescribed by 5 U.S.C. 5332, or the rate of basic pay for which is fixed, other than under the General Schedule, at a rate equal to or greater than the minimum rate of basic pay fixed for GS-16; each member of a uniformed service whose pay grade is at or in excess of 0-7 under 37 U.S.C. 201; and each officer or employee in any other position determined by the Director of the Office of Government Ethics to be of equal classification;

Example (1): Foreign service officers in the State Department rated as FSO 1 or 2 must file a report since they have a rate of basic pay equal to or greater than the basic rate of pay fixed for GS-16.

(d) Each employee who is an administrative law judge appointed pursuant to 5 U.S.C. 3105;

(e) Any employee not described in paragraph (c) of this section who is in a position in the executive branch which is excepted from the competitive service by reason of being of a confidential or policymaking character;

(f) The Postmaster General, the Deputy Postmaster General, each Governor of the Board of Governors of the United States Postal Service and each officer or employee of the United States Postal Service or Postal Rate Commission whose basic rate of pay is equal to or greater than the minimum rate of basic pay fixed for GS-16; and

(g) The Director of the Office of Government Ethics and each designated agency official.

(h) Any individual who (1) performs staff functions (as defined in § 734.105) in support of an advisory committee which is composed, in whole or in part, of special Government employees, (2) is reasonably expected to perform these functions for more than 60 days in a calendar year

the

as set forth in § 734.201 and (3) whose duties and responsibilities are determined by the Office of Government Ethics, in consultation with agency served by the advisory committee, to warrant a position classification equal to or greater than one required by the minimum rate of basic pay for GS-16 of the General Schedule prescribed by 5 U.S.C. 5332.

Example (1): A corporate executive in his or her capacity as a special Government employee of an advisory committee employs the services of a staff assistant to conduct research, develop draft reports or recommendations and assist in policy formulation for the advisory committee. The staff assistant must file a financial disclosure statement if it is determined that he or she is expected to perform staff functions for more than 60 days in a calendar year and that his or her position is of a classification equal to GS-16. On the other hand, the personal secretary of a corporate executive serving on an advisory committee should not be required to file such a report simply because the secretary arranges meetings or types materials which the corporate executive uses in fulfilling advisory committee responsibilities.

Notwithstanding the provisions of paragraph (e) of this section, any employee excluded from the reporting requirements of this part by virtue etermination under § 734.203 shall not be deemed to be a reporting individual. For purposes of § 734.201(e), sV† tus as a reporting individual shall continue for a period of 30 days after termination of employment from a position or office to which this section applies. [45 FR 69777, Oct. 21, 1980, as amended at 49 FR 33116, Aug. 21, 1984; 50 FR 1203, Jan. 10, 1985]