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that is dependent on information obtained as a result of his Government employment, except when that information has been made available to the general public or will be made available on request or when the head of his employing administration, bureau, or office gives written authorization for the use of nonpublic information on the basis that its use is in the public interest. In addition, an employee who is a Presidential appointee covered by section 401 of Executive Order 11222 of May 8, 1965, shall not receive compensation or anything of monetary value for any consultation, lecture, discussion, writing, or appearance, the subject matter of which is devoted substantially to the responsibilities, programs, or operations of his agency, or which draws substantially on official data or ideas which have not become part of the body of public information.

(b) No employee of the Department of Labor may accept any outside employment, engage in any outside business, professional, or other activity, or have financial interests if such employment, activity, or interests would be in substantial conflict with the interests of the Department or the Government, would interfere with the performance of official duties, would prevent a regular employee from rendering full-time service to the Department or require so much time that his efficiency is impaired, or if such employment, activity, or interests would bring discredit on the Department or the Government. In addition, no employee may engage, directly or indirectly, in a financial transaction as a result of, or relying primarily on, information obtained through his Government employment.

(c) No employee may use or appear to use his Government employment to coerce any person, enterprise, company, association, partnership, society, or other organization or instrumentality to provide financial benefit to himself or another person.

(d) No employee may engage in outside employment under a State or local government except in accordance with Title 5, Part 734, Code of Federal Regulations.

§ 0.735-12 Conflict-of-interest laws.

Sections 201 through 209 of Title 18, United States Code, include several re

strictions with regard to a Federal employee's outside interests, employment, business and professional activities. These provisions include prohibitions against:

(a) Participation as a Government employee in matters affecting a personal financial interest, including those of a spouse, minor child, partner or organization with which he has a connection or is seeking employment.

(b) Activities in connection with contracts, claims, and other matters in which the Government is a party or has an interest. Receipt of compensation in connection with such matters.

(c) Receipt of compensation for performing Government work from sources other than the Government.

Employees who need guidance concerning the scope and application of these provisions and the exceptions thereto should consult a deputy counselor to the Department.

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(a) Any employee who is engaged or is planning to engage in outside activities which he believes might be in conflict with this subpart or the conflict-of-interest provision of Title 18, U.S. Code, or might reasonably be so regarded by others shall request clearance from the head of his administration, bureau, or office as to whether such activities are prohibited. The request shall be in writing and shall include, at a minimum the identity of the employee, a statement of the nature of the employment or activity, and the amount of time to be devoted to the employment or activity. The head of the employing administration, bureau, or office may grant clearance only when such clearance would be consistent with applicable laws, orders, and regulations. He shall consult fully with the Solicitor where appropriate. If clearance is not granted, the employee shall not commence or continue the outside employment or activity.

(b) The Secretary or his designee will handle requests for clearance by the heads of administrations, bureaus, offices, Presidential appointees, members of boards or commissions appointed by the Secretary, employees in the immediate Office of the Secretary. Clearance matters involving other employees in the Of

fice of the Secretary will be handled by the head of the employing subdivision within such office which is not a part of a larger subdivision.

Subpart D-Gifts, Fees, Entertainment, and Favors

§ 0.735-14 Acceptance of gratuities generally.

No employee shall solicit, accept, or agree to accept any direct or indirect favor, gift, loan, free service, gratuity, entertainment or other item of economic value which could affect his impartiality or give that appearance, if he has reason to believe that the donor has or is seeking to obtain contractual or other business or financial relations with the Department, conducts operations or activities that are regulated by the Department, has interests that may be substantially affected by the performance or nonperformance of his official duties, or is attempting to reward or influence the employee's official actions. An employee shall not accept a gift, present, decoration, or other thing from a foreign Government unless authorized by Congress as provided by the Constitution and in 5 U.S.C. 114-115a. No regular Government employee may receive any salary or supplementation of salary from a private source as compensation for services to the Government.

§ 0.735-15 Payments, expenses, reimbursements, entertainment, etc., from non-Government sources.

(a) An employee may not without the written permission of the head of his employing administration, bureau, or office, or other person responsible for clearance of outside activities under § 0.73513, accept from non-Government sources any payments, expenses, reimbursements, entertainment, or other item of economic value incident to training, attendance at meetings of any kind, or other activities if such training, meetings, or activities are attended or performed wholly or partially within periods when he is on duty or at such times as the Department pays any expenses incident thereto in whole or in part. Such authorization may not be granted where prohibited by law or this part and shall be limited to receipt of bona fide reimbursement for actual expenses of travel and other necessary subsistence for which no Government payment or reimburse

ment is made. However, an employee may not be reimbursed and payment may not be made on his behalf for excessive personal living expenses, gifts, entertainment or other personal benefits.

(b) Permission is not required for receipt of food and refreshments of nominal value on infrequent occasions in the ordinary course of a meeting or training situation in which the employee is properly in attendance.

§ 0.735-16 Contributions and gifts to superiors.

No employee may solicit contributions from another employee for a gift to an employee in a superior official position. An employee in a superior official position shall not accept a gift presented as a contribution from employees receiving less salary than himself. An employee shall not make a donation as a gift to an employee in a superior official position. This section does not prohibit voluntary gifts suitable to the occasion for employees retiring, leaving employment with the Department, or on occasions such as marriage, illness, etc.

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(a) The prohibitions relating to gifts, fees, entertainment and favors do not preclude:

(1) Acceptance of unsolicited advertising or promotional material of nominal intrinsic value;

(2) Acceptance of an award for meritorious public contribution given by a charitable, religious, professional, social, fraternal, nonprofit educational, recreational, public service, or civic organization;

(3) Acceptance of gifts resulting from obvious family or personal relationships when the circumstances make clear that it is those relationships rather than the business of the persons concerned which are the motivating factor;

(4) Acceptance of loans from banks, or other financial institutions on customary terms to finance proper and usual activities;

(5) Acceptance of scholarships, fellowships, and similar forms of assistance which are incident to education or training pursued by an employee on his own time and his own initiative. However, such scholarships are subject to the general prohibitions set forth in § 0.735-14.

(b) Notwithstanding any of the exceptions provided in this subpart, em

ployees are expected to avoid any conflict or apparent conflict between their private interests and those of the Department and to observe the other standards of conduct set forth in Subpart B of this part.

Subpart E-Statements of Employment and Financial Interests

§ 0.735-18 Regular employees required to submit statements.

The following regular employees are required to submit to the head of the employing administration, bureau, or office statements of employment and financial interests on forms furnished by the Department completed in accordance with instructions applicable thereto. Forms shall be submitted not later than 90 days after the effective date of the regulations in this part, if employed on or before that effective date or 30 days after his entrance on duty, but not earlier than 90 days after the effective date if appointed after the effective date:

(a) Employees paid at a level of the Federal Executive Salary Schedule established by the Federal Executive Salary Act of 1964, as amended; except the Secretary of Labor who is subject to separate reporting requirements under section 401 of Executive Order 11222;

(b) Employees in Grade GS-16 or above of the General Schedule established by the Classification Act of 1949 as amended, or in comparable or higher positions not subject to that act;

(c) Employees in hearing examiner position as defined by § 930.202(c) of Civil Service Commission regulations (5 CFR 930.202(c));

(d) All executive or special assistants to the Secretary, Under Secretary, Assistant Secretaries or the Solicitor, Grades GS-13 and above; and

(e) Employees occupying the following positions, regardless of grade, unless otherwise indicated:

OFFICE OF THE SECRETARY

OFFICE OF ADMINISTRATIVE SERVICES

Director.

Chief, Division of Procurement and Contracting.

ASSISTANT ADMINISTRATIVE ASSISTANT SECRETARY

Director, Office of Employee Utilization and Development.

Executive Development Officer.

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Supervisory Auditors.
Auditors.

Division of Automatic Data Processing:

Chief.

Digital Computer Analysts.

Division of Federal Management and Admin

istration:

Chief.

Office of Fiscal Policy and Management:

Director.

Financial Manager.

Chief, Division of State Budgets and Fiscal Standards.

Chief, Division of Appropriations and
Federal Fiscal Activities.

Unemployment Insurance Service:
Assistant Director.

Chief, Systems Development Staff.
Systems Analysts.

Director, Office of Program Development and Legislation.

Director, Office of Federal Unemployment Insurance Programs and Training Allow

ances.

Director, Office of State Operations. Chief, Division of Organization and Management.

U.S. Employment Service:

Office of the Director, Division of State Employment Service Administration: Assistant Director.

Chief, Branch of Program Budget Requirements.

Office of Employment Service Activities: Chief, Division of Youth Employment and Guidance Services.

Office of Manpower Analysis and Utilization:

Director.

Director, Division of Research and Pub.. lication.

Office of Manpower Training Operations: Chief, Division of Training Program Development and Approval.

U.S. Employment Service for the District of Columbia:

Director.

Deputy Director.

Assistant Directors.

Managers, local service offices.

Assistant Managers, local service offices Chief, Administrative Services.

Assistant Chief, Administrative Services Veterans Employment Service:

Assistant Chief.

Office of Farm Labor Service:

Associate Director.

Law Enforcement Specialists.
Division of Domestic Activities:
Chief.

Chief, Branch of Domestic Compliance.
Division of Program Development and
Evaluation:

Chief.

Chief, Branch of Budget and Management.

Chief, Division of Research and Wage

Activities.

Chief, Division of Labor Contractor's

Activities.

Regional Administrators.

Assistant Regional Administrators.

OFFICE OF FEDERAL CONTRACT COMPLIANCE Office Director.

Assistant Director for Compliance Operations. Assistant Director for Program Policy.

(f) Additions to, deletions from, and other amendments of the list of positions in paragraph (e) of this section 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 annually for publication in the FEDERAL REGISTER.

§ 0.735-19

Supplementary statements, regular employees.

Changes in, or additions to the information contained in the regular employee's statement of employment and financial interests shall be reported in a supplementary statement at the end of the quarter in which the changes occur. Quarters end March 31, June 30, September 30, and December 31. If there are no changes or additions in a quarter, a negative report is not required. However, a supplementary statement, negative or otherwise, is required as of September 30 each year.

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(a) Before an individual enters on duty as a special Government employee expert or consultant he is required to submit a statement of employment and financial interest to the head of the employing administration, bureau, or office, on a form furnished by the Department in accordance with the instructions applicable thereto. This requirement applies to all other special Government employee positions unless the head of the employing administration, bureau, or office determines prior to appointment that the duties of the position are of such a nature and at such a level of responsibility that the submission of the statement is not necessary to protect the in

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