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. (b) A statement of employment and financial interests is not required by this subpart from the Secretary or a full-time member of a committee, board, or commission appointed by the President. These employees are subject to separate reporting requirements under section 401 of the Executive order. § 0.735-404 Time and place for submission of employees' statements. (a) An employee required to submit a statement of employment and financial interests pursuant to § 0.735-401 and the appendix to this part shall submit that statement on Form HUD-844 (Revised) to the official designated in paragraph (c) of this section not later than: (1) Ninety days after the effective date of this part if employed on or before that effective date; or (2) Thirty days after his entrance on duty, but not earlier than 90 days after the effective date, if appointed after that effective date. (b) Additions to, deletions from, and other amendments of the list of positions in the appendix to this part may be made from time to time as necessary to carry out the purpose of the law, Executive Order 11222, and Part 735 of the Civil Service Commission Regulations (5 CFR Part 735). Such amendments are effective upon actual notification to the incumbents. The amended list shall be submitted at least annually for publication in the FEDERAL REGISTER. (c) All employees shall submit their statements directly to the General Counsel of the Department as Department Counselor for review and custody. Such statements shall be enclosed in sealed envelopes marked "Standards of Conduct-Department Counselor: Administratively Confidential". Statements previously submitted to other than the Department Counselor for review shall be transferred to the Department Counselor for custody. § 0.735-405 Supplementary statements. (a) Changes in, or additions to, the Information contained in an employee's statement shall be reported to the Department Counselor in a supplementary statement as of June 30 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, United States Code, or Subpart B of this part. § 0.735-407 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 behalf. § 0.735-408 Information prohibited. This subpart does not require an employee to report information relating to his 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. § 0.735-409 Confidentiality of employees' statements. (a) Each statement of employment and financial interests, and each supplementary statement, shall be held in confidence by the Department. To insure this confidentiality, the Civil Service Commission regulations provide that: (1) The Department shall designate which officials and employees are to review and retain the statements; (2) Officials and employees designated under subparagraph (1) of this paragraph are 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; and (3) The Department may not disclose information from a statement except as the Civil Service Commission or the Secretary may determine for good cause shown. (b) For the purpose of carrying out the provisions of paragraph (a)(1) of this section, the Department Counselor shall review and retain employees' statements. § 0.735-410 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 or any other person to participate in a matter in which his or the other person's participation is prohibited by law, order, or regulation. § 0.735-411 Specific provisions for special Government employees. (a) Except as provided in paragraph (c) of this section, each special Government employee shall submit to the Department Counselor for review and custody Form HUD-844-A (Revised), Statement of Employment and Financial Interests. (b) The provisions of §§ 0.735-407 through 0.735-410 are applicable to a special Government employee who is required to file a statement. (c) The Secretary or his 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 Department finds that the duties of the position held by that special Government employee are of a nature and at such level of 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. (d) A statement required to be submitted under this section shall be submitted not later than the time of employment of the special Government employee. Each special Government employee shall keep his statement current throughout his employment with the Department by the submission of supplementary statements. APPENDIX-LIST OF POSITIONS SUBJECT TO SUBPART D Officers and employees in the following positions are subject to the provisions of Subpart D of this part: OFFICE OF THE SECRETARY Executive Assistant to the Secretary. Special Assistants to the Secretary. Assistant Secretary for Public Affairs. Assistant to the Secretary, Programs for the Elderly and the Handicapped. Special Assistant to the Secretary (International Liaison). Assistant to the Secretary for Labor Relations. Administrative Officer, Office of the Secretary. Chairman, HUD Board of Contract Appeals. OFFICE OF THE UNDER SECRETARY Under Secretary. Deputy Under Secretary for Field Operations. Deputy Under Secretary for Management. Executive Assistant to the Under Secretary. Special Assistants to the Under Secretary OFFICE OF THE GENERAL COUNSEL. General Counsel. Deputy General Counsel. Associate Deputy General Counsel. Special Assistants to the General Counsel. Area Counsels. ASSISTANT SECRETARY FOR POLICY DEVELOPMENT AND RESEARCH Assistant Secretary. Executive Assistant. Special Assistants. Director, Office of Program Development, Review and Administration. Director, Division of Program Development and Control. Director, Division of Budget and Contracts. Director, Division of Product Dissemination and Transfer. Director, Division of Administration. Deputy Assistant Secretary, Office of Research and Demonstration. Director, Division of Community Management, Technology and Environmental Research. Director, Division of Housing Research. Director, Equal Opportunity-Fair Housing Staff. Director, Community Design Staff. Director, Division of Community Development and Growth Research. Director, Division of Building Technology and Safety Research. Chairman, USAC. Director, Innovative Financing Research Staff. Deputy Assistant Secretary, Office of Policy Development. Deputy Assistant Secretary, Office of Economic Affairs. Director, Housing Consu Director, Budget Division, trative and Program Se Director, Management Ser fice of Administrative a ices. Program Advisors, Local A vision, Office of Admin Director, Programs Services Chief, Maintenance and Programs Services Divisi ing Programs. Supervisory Supply Mar ASSISTANT SECRETARY FO Assistant Secretary. Deputy Assistant Secretary. Executive Assistant. Special Assistants to the As Citizen Participation Advis Director, Office of Managem Deputy Director, Office of N Director, Budget Division. Director, Data Systems Division. Director, Administrative M sion. Director, Urban Program C Director, Office of Environ Deputy Director, Office Quality. O Director, Environmental Engineering Division. Director, Environmental P Director, Office of Planning Assistance. Deputy Director, Office of Pl agement Assistance. Director, Program Manager Director, Program Regulati Director, Office of Policy Pla Deputy Director, Office of Director, Policy Planning Di Director, Governmental As Director, Office of Field Sup Deputy Director, Office of Fi Director, Office of CD Progra Deputy Director, Office of Director, Financial Manage Director, Program Standar Director, Relocation and D ices Division. Director, Office of Evaluatio Deputy Director, Office of Director, Program Evaluation Division. ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY Assistant Secretary. Deputy Assistant Secretary for Equal Opportunity. Executive Assistant to Assistant Secretary. Director, Office of Voluntary Compliance. Director, Housing and Community Development Division. Director, Manpower and Business Opportunities Division. Director, Office of Civil Rights Compliance and Enforcement. Director, Compliance Procedures Division. Director, Field Assistance Division. Director, Hearings Division. Director, Office of Program Standards and Director, Program Standards Division. Director, Office of Management and Field Director, Budget and Management Division. Director, Field Coordination and Equal Opportunity Operations Evaluation Division. OFFICE OF LEGISLATIVE AFFAIRS Assistant Secretary. Deputy Assistant Secretary. Director, Senate Liaison. Director, House Liaison. ASSISTANT SECRETARY FOR ADMINISTRATION Assistant Secretary. Deputy Assistant Secretary. Special Assistants to the Assistant Secretary. Deputy Director, Office of Budget. Director, Office of ADP Systems Development. Director, Office of ADP Operations. Deputy Director, Office of ADP Operations. Deputy Director, Office of Personnel. Director, Office of Procurement and Contracts. FEDERAL INSURANCE ADMINISTRATION Federal Insurance Administrator. Special Assistant to the Administrator. Assistant Administrator for Finance and Administrative management. Assistant Administrator (Flood Insurance). Assistant Administartor (Crime Insurance). Assistant Administrator (Urban Property Insurance). Chief Actuary. Director, Flood Plain Management Division. Director, Enginering and Hydrology Division. Director, Review and Compliance Division. Director, Riot Reinsurance Division. Effect on other regul instructions. Appendix A. AUTHORITY: The provisio Issued under sec. 602, 78 S 2000d-1; sec. 7(d), 79 Sta 3535(d); and the laws liste to this Part 1. SOURCE: 38 FR 17949, Ju otherwise noted. § 1.1 Purpose. The purpose of this Pa tuate the provisions of Civil Rights Act of 1964 ferred to as the "Act") to person in the United Sta ground of race, color, or be excluded from particip nied the benefits of, or be jected to discrimination gram or activity receiving cial assistance from the Housing and Urban Devel § 1.2 Definitions. As used in this Part 1(a) The term "Departn Department of Housin Development. (b) The term "Secret Secretary of Housing & velopment. (c) The term "respons official" means the Secr extent of any delegation the Secretary to act un any other Department the Secretary may her such authority. (d) The term "United the States of the United trict of Columbia, Puert gin Islands, American Wake Island, the Canal territories and possession |