# 5 CFR § 2634.203: Persons excluded by rule > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/ecfr-5-2634.203 ## Section - **Citation:** 5 CFR § 2634.203 - **Heading:** Persons excluded by rule - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** September 22, 2026 - **Source:** Publisher's official text - **Location:** Title 5—Administrative Personnel > CHAPTER XVI—OFFICE OF GOVERNMENT ETHICS > SUBCHAPTER B—GOVERNMENT ETHICS > PART 2634—EXECUTIVE BRANCH FINANCIAL DISCLOSURE, QUALIFIED TRUSTS, AND CERTIFICATES OF DIVESTITURE > Subpart B—Persons Required To File Public Financial Disclosure Reports ## Text (a) In general. Any individual or group of individuals described in § 2634.202(e) (relating to positions of a confidential or policy-making character) may be excluded by rule from the public reporting requirements of this subpart when the Director of the Office of Government Ethics determines, in his sole discretion, that such exclusion would not affect adversely the integrity of the Government or the public's confidence in the integrity of the Government. (b) Exclusion determination for employees at or below the GS-13 grade level. (1) The determination required by paragraph (a) of this section has been made for any individual who, as a factual matter, serves in a position that meets the criteria set forth in this paragraph. The exclusion applies to a position upon a written determination by the designated agency ethics official that the position meets the following criteria: (i) The position is paid at the GS-13 grade level or below or, in the case of a position not under the General Schedule, both the level of pay and the nature of responsibilities of the position are commensurate with the GS-13 grade level or below; and (ii) The incumbent in the position does not have a substantial policy-making role with respect to agency programs. (2) The designated agency ethics official must consider whether the position meets the standards for filing a confidential financial disclosure report enumerated in § 2634.904(a)(4). (c) Exclusion determination for employees at or below the GS-15 grade level, but above the GS-13 grade level. The exclusion determination required by paragraph (a) of this section may also be made on a case-by-case basis by the Office of Government Ethics. To receive an exclusion determination, an agency must follow the procedures set forth in paragraph (d) of this section and must demonstrate that the employee: (1) Has a position that has been established at the GS-14 or GS-15 grade level or, in the case of a position not under the General Schedule, both the level of pay and the nature of responsibilities of the position are commensurate with the GS-14 or GS-15 grade level; and (2) Has no policy-making role with respect to agency programs. In the event that the Office of Government Ethics permits the requested exclusion, the designated agency ethics official must consider whether the position meets the standards for filing a confidential financial disclosure report enumerated in § 2634.904(a)(4). (d) Procedure. (1) The exclusion of any individual from reporting requirements pursuant to paragraph (c) of this section will be effective as of the time the employing agency files with the Office of Government Ethics the name of the employee, the name of any incumbent in the position, and a position description. Exclusions should be requested prior to due dates for the reports which such employees would otherwise have to file. If the position description changes in a substantive way, the employing agency must provide the Office of Government Ethics with a revised position description. (2) If the Office of Government Ethics finds that one or more positions has been improperly excluded, it will advise the agency and set a date for the filing of any report that is due. Example:An agency requests an exclusion for a special assistant, who is a Schedule C appointee whose position description is classified at the GS-14 level. The position description indicates that the employee's duties involve the analysis of policy options and the presentation of findings and recommendations to superiors. On the basis of this position description, the requested exception is denied. (e) Exclusion determination for employees in Schedule Policy/Career. The exclusion determination required by paragraph (a) of this section has been made for any individual whose position is in Schedule Policy/Career of the excepted service, unless the employee otherwise meets the definition of “public filer” under § 2634.202 other than solely by virtue of § 2634.202(e). The designated agency ethics official must consider whether the position meets the standards for filing a confidential financial disclosure report enumerated in § 2634.904(a)(4). [83 FR 33981, July 18, 2018, as amended at 91 FR 46243, July 23, 2026] ## Nearby sections - [5 CFR § 2634.101 § 2634.101 Authority.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2634.101.md) - [5 CFR § 2634.102 § 2634.102 Purpose and overview.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2634.102.md) - [5 CFR § 2634.103 § 2634.103 Executive agency supplemental regulations.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2634.103.md) - [5 CFR § 2634.104 § 2634.104 Policies.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2634.104.md) - [5 CFR § 2634.105 § 2634.105 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2634.105.md) - [5 CFR § 2634.201 § 2634.201 General requirements, filing dates, and extensions.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2634.201.md) - [5 CFR § 2634.202 § 2634.202 Public filer defined.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2634.202.md) - [5 CFR § 2634.203 § 2634.203 Persons excluded by rule.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2634.203.md) - [5 CFR § 2634.204 § 2634.204 Employment of sixty days or less.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2634.204.md) - [5 CFR § 2634.205 § 2634.205 Special waiver of public reporting requirements.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2634.205.md) - [5 CFR § 2634.301 § 2634.301 Interests in property.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2634.301.md) - [5 CFR § 2634.302 § 2634.302 Income.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2634.302.md) - [5 CFR § 2634.303 § 2634.303 Purchases, sales, and exchanges.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2634.303.md) - [5 CFR § 2634.304 § 2634.304 Gifts and reimbursements.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2634.304.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-5-2634.203. Check the current official text before relying on it. Not legal advice.