special Government employee and the performance of his/her service for the Government, the employee, or special Government employee concerned shall be provided an opportunity to explain the conflict or appearance of conflict.

(c) When after explanation by the employee or special Government employee involved, the conflict or appearance of conflict is not resolved by the Designated Agency Ethics Official, the information concerning the conflict or appearance of conflict shall be reported to the Chair for appropriate administrative action.

(d) When after consideration of the explanation of the employee or special Government employee, the Chair decides that remedial action is required, he/she shall take immediate action to end the conflicts or appearance of conflicts of interest.

(e) Remedial action, whether disciplinary or otherwise, shall be effected in accordance with any applicable laws, Executive orders and regulations and may include, but is not limited to: (1) Changes in assigned duties;

(2) Divestment by the employee or special Government employee of his/ her conflicting interest;

(3) Disciplinary action; or

(4) Disqualification for a particular assignment.

[56 FR 959, Jan. 10, 1991]

(b) Employees classified at GS-13 or above who are in positions which the Chair has determined have duties and responsibilities which require the incumbent to report employment and financial interests in order to avoid involvement in a possible conflicts-of-interests situation and carry out the purpose of law, Executive order, Office of Personnel Management and Office of Government Ethics regulations and this part.

(c) Employees classified below GS-13 who are in positions which otherwise meet the criteria in paragraph (b) or (c) of this section. These positions have been approved by the Chair and the Office of Government Ethics as exceptions that are essential to protect the integrity of the Government and avoid employees involvement in a possible conflict-of-interest situation. [56 FR 959, Jan. 10, 1991]

§ 1152.735-403 Employee's complaint on filing requirement.

Employees have the opportunity for review through the Board's grievance procedures of a complaint by an employee that his/her position has been improperly included under these regulations as one requiring the submission of a statement of employment and financial interests.

[44 FR 52200, Sept. 7, 1979. Redesignated at 56 FR 959, Jan. 10, 1991]

§ 1152.735-404 Employees not required to submit statements.

(a) Employees in positions that meet the criteria in § 1152.735-402(b) may be excluded from the reporting requirement when the Chair determines that:

(1) The duties of a position are such that the likelihood of the incumbent's involvement in a conflict-of-interest situation is remote;

(2) The duties of a position are at such a level of responsibility that the submission of a statement of employment and financial interests is not necessary because of the degree of supervision and review over the incumbent or the inconsequential effect on the integrity of the Government;

(3) The use of an alternative procedure approved by the Board is ade

quate to prevent possible conflicts of interest.

(b) Federal members and the Designated Agency Ethics Official are subject to separate reporting requirements under the Ethics in Government Act of 1978, Pub. L. 95-521. The Designated Agency Ethics Official shall obtain and review a copy of the financial statement filed by Federal members with their respective agency. The Office of Government Ethics will review the financial statement filed by the Designated Agency Ethics Official. [56 FR 959, Jan. 10, 1991]

§ 1152.735-405 Content of statements.

A statement of employment and financial interest required pursuant to this subpart shall contain, at a minimum, the information required by the formats prescribed by the Office of Personnel Management in the Federal Personnel Manual.

[56 FR 960, Jan. 10, 1991]

§ 1152.735-406 Time and place for submission of employees' statement.

An employee required to submit a statement of employment and financial interest pursuant to § 1152.735-402 shall submit that statement to the Designated Agency Ethics Official not later than:

(a) Ninety days after the effective date of this part if employed on or before that effective date; or

(b) Thirty days after his/her entrance on duty, but not earlier than 90 days after the effective date, if appointed after that effective date.

[56 FR 960, Jan. 10, 1991]

§ 1152.735-407 Supplementary statement. (a) Changes in, or additions to, the information contained in an employee's statement shall be reported to the Designated Agency Ethics Official in a supplementary statement as of May 15 each year. If no changes or additions occur, a negative report is required.

(b) Notwithstanding the filing of the annual report required by this section, each employee shall at all times avoid acquiring a financial interest or engaging in outside employment or other activity that could result, or taking an action that would result, in a violation

of the conflict-of-interest provisions of section 208 of title 18 U.S.C., or subpart B of this part.

[44 FR 52200, Sept. 7, 1979. Redesignated and amended at 56 FR 959-960, Jan. 10, 1991]

§ 1152.735-408 Interests of employees' relatives.

The interest of a spouse, minor child, or other member of an employee's immediate household is considered to be an interest of the employee. For the purpose of this section, member of an employee's immediate household means those blood relations who are residents of the employees household.

[56 FR 960, Jan. 10, 1991]

§ 1152.735-409 Information not known by employees.

If any information required to be included on a statement or supplementary statement, including holdings placed in trust, is not known to the employee but is known to another person, the employee shall request that other person to submit information in his/her behalf.

[44 FR 52200, Sept. 7, 1979. Redesignated at 56 FR 959, Jan. 10, 1991]

§ 1152.735-410 Information not required.

This subpart does not require an employee to report information relating to his/her connection with, or interest in, a professional society or a charitable, religious, social, fraternal, recreational, public service, civic, or political organization or a similar organization not conducted as a business enterprise. For the purpose of this section, educational and other institutions doing research and development or related work involving grants of money from or contracts with the Government are deemed "business enterprises" and are required to be included in an employee's statement.

[44 FR 52200, Sept. 7, 1979. Redesignated at 56 FR 959, Jan. 10, 1991]

§ 1152.735-411 Confidentiality of employees' statements.

(a) Each statement of employment and financial interest, and each sup

plementary statement, shall be kept confidential.

(b) The Designated Agency Ethics Official is responsible for maintaining the statements in confidence and shall not allow access to, or allow information to be disclosed from, a statement except to carry out the purpose of this part.

(c) Information from a statement may not be disclosed except as the Office of Government Ethics or the Chair may determine for good cause shown.

[56 FR 960, Jan. 10, 1991]

§ 1152.735-412 Effect of employee's statements on other requirements.

The statements and supplementary statements required of employees pursuant to this part are in addition to, and not in substitution for, or in derogation of, any similar requirement imposed by law, order, or regulation. The submission of a statement or supplementary statement by an employee does not permit him/her or any other person to participate in a matter in which his/her or the other person's participation is prohibited by law, order, or regulation.

[44 FR 52200, Sept. 7, 1979. Redesignated at 56 FR 959, Jan. 10, 1991]

§ 1152.735-413 Specific provisions for Public members and special Government employees.

(a) Except as provided in paragraph (c) of this section, each Public member and special Government employee shall submit to the Designated Agency Ethics Official for review and custody a statement of employment and financial interest which shall contain a listing of all

(1) Other employment; and

(2) Financial interests in a partnership, organization or entity which have an interest in obtaining, or has obtained, a grant or contract from the Board or which is a party to a complaint pending before the Board.

(b) The provisions of §§ 1152.735-409 through 1152.735-412 are applicable to a Public member and special Government employee who is required to file a statement.

(c) The Chair or his/her designee may waive the provisions of this section for the submission of a statement in the case of a special Government employee who is not a consultant or an expert when the Board finds that the duties of the position held by that special Government employee are of a nature and at such level or responsibility that the submission of the statement by the incumbent is not necessary to protect the integrity of the Government. For the purpose of this paragraph, consultant and expert have the meanings given those terms by chapter 304 of the Federal Personnel Manual, but do not include:

(1) A physician, dentist, or allied medical specialist whose services are procured to provide care and service to patients; or

(2) A veterinarian whose services are procured to provide care and service to animals.

(3) A specialist appointed for intermittent confidential intelligence consultation of brief duration.

(d) A statement of employment and financial interest required to be submitted under this section shall be submitted not later than the time of employment of the special Government employee. Each Public member and special Government employee shall keep his/her statement current throughout his/her employment with the Board by the submission of supplementary statements to be filed no later than May 15th of each year. If no changes or additions occur, a negative report is required.

[56 FR 960, Jan. 10, 1991]

SOURCE: 53 FR 19777, May 31, 1988, unless otherwise noted.

§ 1153.1 The Board.

The Board is the governing body of the agency. The composition of the Board and its functions are established by section 502 of the Rehabilitation Act of 1973. The Board has the following duties and responsibilities, including:

(a) To carry out its responsibilities under section 502 of the Rehabilitation Act of 1973, as amended. In carrying out these responsibilities, the Board may hold public hearings throughout the country.

(b) To establish policies and issue regulations in accordance with its statutory mandate.

(c) To resolve issues that are within its jurisdiction.

(d) To determine and adopt a contracting and procurement policy for the agency. In carrying out this responsibility, the Board will enter into contracts only in accordance with its contracting and procurement policy, published in the FEDERAL REGISTER.

(e)(1) To effect the prompt and efficient disposition of all matters within its jurisdiction. In carrying out this responsibility, the Board may in accordance with Article VI of its Statement of Organization and Procedures:

(i) By majority vote delegate to the Executive Committee authority to implement its decisions.

(ii) By two-thirds vote delegate to the Executive Committee any other of its authorities, to the extent permitted by law.

(iii) To the extent permitted by law, delegate other duties to its officers, committees, or staff by a vote of twothirds of the membership of the Board at the time the vote is taken.

(2) A separate delegation is necessary for each action the Board desires the Executive Committee to implement. Unless so permitted in the original delegation, an officer, committee, or staff person shall not redelegate authority.

(f) To make to Congress, at the end of each fiscal year, an annual report of the Board's activities during that fiscal year. The annual report shall include such material as it is required by

law to include and such other material as the Board may decide.

(g) To make to the President and Congress such other reports as it is required by law to make, and such recommendations as it considers necessary or desirable to eliminate environmental barriers confronting handicapped individuals.

(h) To allocate funds appropriated by the Congress for such activities as conducting investigations and surveys, initiating public hearings, collecting data on past and current studies, and providing stenographic or other services, as necessary, appropriate, and in accordance with law.

(i) To determine the jurisdiction of each standing committee of the Board.

§ 1153.2 Chair.

The Chair represents the Board as the head of the agency, whenever an applicable Federal statute or regulation imposes a duty or grants a right or authority to the head of the agency. The Chair or his or her desig. nee has the following duties and responsibilities:

(a) To coordinate and organize the work of the Board in such a manner as to promote the prompt and efficient disposition of all matters within the jurisdiction of the Board. In carrying out these responsibilities, the Chair is delegated the authority to:

(1) Supervise the Executive Director. (2) Direct the Executive Director concerning appropriate action to implement decisions of the Board.

(3) Evaluate the Executive Director's performance, and approve performance evaluations of employees who report directly to the Executive Director. A delegation of this authority may only be made to the Vice-Chair of the Board.

(4) Authorize domestic travel for the Executive Director, which authority may be delegated, and authorize foreign travel for staff, Board members and the Executive Director, which au thority may not be delegated.

(5) Make necessary administrative decisions for the agency and direct the Executive Director concerning implementation of such decisions during pe riods when the Board is not in session.

(6) Review and approve publication of the Board newsletter and press releases which contain expressions of Board policy.

(7) Appoint members to the Board's subject matter committees.

(8) Nominate one or more Board members to serve, with their consent, at each public hearing which may be held by the Board.

(9) Request from departments or agencies represented on the Board such technical, administrative, or other assistance as may be required to carry out the Board's activities.

(10) Nominate the General Counsel and Executive Director, who are to be confirmed by the Board.

(b) To preside at all meetings and sessions of the Board.

(c) To establish the Board meeting agenda subject to the approval of the Executive Committee.

(d) To represent the Board in all matters relating to congressional testimony and legislative reports. However, any other Board member may present his or her own or minority views on supplemental reports.

(e) To represent the Board in all matters involving submissions of comments on agencies' proposed regulations and responses to published directives of the Office of Management and Budget. The Board shall be given advance written notice of any action taken under this authority. The Chair may file comments on agencies' draft notices of proposed rulemaking (NPRMs), published NPRMS, final rules, other notices published in the FEDERAL REGISTER, only with advance approval of the Executive Committee.

(f) To call a special meeting of the Board at the request of the Executive Committee, to take action on a request to the Board to enter litigation as amicus curiae.

(g) To maintain ongoing liaisons with constituency groups and other organizations and with staff of interested congressional committees to keep them informed of general Board policies and activities and to obtain information for use by the Board in formulating policy, developing budget requests, and drafting recommended legislative changes.

(h) To carry out other duties and responsibilities as may be delegated by the Board.

[53 FR 19777, May 31, 1988, as amended at 54 FR 32338, Aug. 7, 1989]

§ 1153.3 Vice Chair.

The Vice Chair shall, in the absence of the Chair from a Board meeting, or in the event of his or her death or disqualification, perform the duties and exercise the powers of the Chair, and shall generally assist the Chair and perform such other duties as may be directed by the Chairperson or the Board. The Vice-Chair shall serve as Chair of the Executive Committee.

§ 1153.4 Executive Director.

The Executive Director is nominated by the Chair and confirmed by the Board and is responsible to the Board under the supervision of the Chair. He or she has the following duties and responsibilities:

(a) To assist the Chair in carrying out the administrative and executive responsibilities of the Chair in a manner that may be directed by the Chair. These duties may include acting as the administrative head of the agency and in connection therewith assisting in the planning, directing, coordinating, and managing of the administrative affairs of the Board. In carrying out these responsibilities, the Executive Director may exercise authority delegated to him or her in accordance with the Board's contracting and procurement policy published in the FEDERAL REGISTER. In addition, the Executive Director is delegated the authority to:

(1) Authorize travel expenses for consultants, specialists, experts, witnesses, and other persons whose presence is deemed essential for attendance at Board meetings, hearings, advisory committee meetings or other functions of the Board.

(2) Reimburse members of the board who are not regular fulltime employees of the United States for travel, subsistence, and other necessary expenses incurred in carrying out their duties.

(b) To recommend to the Chair of the Board, matters that should be con