fied exception to this general principle may present a request in writing to the Department official who assigns his duties and request a reply in writing. § 73.735-1210 Salary from two sources.

Special Government employees are not subject to 18 U.S.C. 209 which prohibits other employees from receiving any salary, or supplementation of Government salary from a private source as a compensation for services to the Government. As a matter of policy this Department will not knowingly pay per diem to a consultant who also receives per diem pay for the same day from another Government agency (in or outside the Department).

APPENDIX A-INDEX TO SOME STATUTES AND
EXECUTIVE ORDERS RELATED TO CONFLICT OF
INTEREST AND OTHER PROHIBITED ACTIVITIES

DEPARTMENTWIDE APPLICABILITY
Subject and Citation

A. Relating to Present Employees.

1. Code of Ethics for Government Service (H. Con. Res. 175, 85th Cong., 2d sess., 72 Stat. B12).

2. Acceptance of gift or favor made with intent of influencing decision or action on any official matter (18 U.S.C. 201).

3. Compensation from outside sources for services rendered in relation to any application, proceeding, contract, etc., in any matter in which the United States has a direct and substantial interest (18 U.S.C. 203).

4. Acting as agent or attorney (1) for prosecution or aiding in prosecution of any claim against the United States, or (2) for anyone before any Department, agency, court, etc., in connection with a particular matter in which the United States is a party or has a direct and substantial interest (18 U.S.C. 205).

5. Participating personally and substantially as a Government employee in any application, request for a ruling, contract or other particular matter in which he, to his knowledge, or his spouse, minor child, or any organization with which he is negotiating, has a financial interest, direct or indirect (18 U.S.C. 208).

6. Receipt of any salary or contribution to or supplementation of salary as compensation for services as a Government employee from any other source than the Government (18 U.S.C. 209).

7. Use of appropriated funds, services, or communications with intent to influence any member of Congress to favor or oppose any legislation or appropriation (18 U.S.C. 1913).

8. Participation in strike against Government (5 U.S.C. 118p).

9. Advocating the overthrow of the constitutional form of Government in the United

States or being a member of an organization that so advocates (5 U.S.C. 118p).

10. Being a member of the Communist Party of the United States of America, and contributing funds or services to that party (50 U.S.C. 784).

11. Disclosing confidential information or classified information (18 U.S.C. 798, 50 U.S.C. 783, 18 U.S.C. 1905).

12. Habitual use of intoxicants to excess (5 U.S.C. 640).

13. Using or authorizing use of Government automobiles for other than official purposes (5 U.S.C. 78c).

14. Using official envelope or label to avoid payment of postage (18 U.S.C. 1719).

15. Deceiving in an examination or personnel action in connection with Government employment (5 U.S.C. 637).

16. Practicing fraud or making false statements in a Government matter (18 U.S.C. 1001).

17. Mutilating or destroying a public record (18 U.S.C. 2071).

18. Falsely making, forging, or attempting to pass forged or altered travel requests (18 U.S.C. 508).

19. Taking for own use or use of another any Government record, voucher, money, or thing of value (18 U.S.C. 641).

20. Failure to account for public money received (18 U.S.C. 643).

21. Embezzling money or property of another person in the possession of an employee by reason of his employment (18 U.S.C. 654).

22. Taking or attempting to use vouchers or documents intended to be used to procure payments by the United States (18 U.S.C. 285).

23. Participating in political activitiesThe Hatch Act (5 U.S.C. 1181, 18 U.S.C. 602, 603, 607, and 608).

24. Making or soliciting gifts for official superiors, or accepting gifts from employees receiving a lower salary (5 U.S.C. 113).

25. Instructing persons with a view to their special preparation for civil service examinations (E.O. 9367, Aug. 4, 1943).

26. Nondiscrimination in Government employment (E.O. 11246, 30 F.R. 12319).

B. Relating to Former Employees.

27. After having been employed by the United States, a. At any time after his employment has ceased, acting as agent or attorney for anyone other than the Government in connection with any application, contract, claim, proceeding or other matter against the United States, involving a specific party, in any matter in which the United States has an interest, and in which he participated personally and substantially as a Government employee.

b. Within 1 year after his employment has ceased, appearing personally before any agency in connection with any application, contract, claim, proceeding, or other matter

against the United States, involving a specific party, which was under his official responsibility as a Government employee (18 U.S.C. 207).

28. For a period of 2 years after retirement from the Public Health Service, engaging for himself or for others in selling, or contracting to sell, any supplies or war materials to the Department of Defense, Coast Guard, Coast and Geodetic Survey or the Public Health Service (5 U.S.C. 59c).

SINGLE OPERATING AGENCY APPLICABILITY

OFFICE OF EDUCATION

29. Prohibits any department, agency, or officer from supervision, direction, or control over, the personnel and projects assisted by the Act (20 U.S.C. 757).

30. National Defense Education Act: Restricts the receipt of payment in salary by an appointee in Government service from any source other than the private employer of the appointee (20 U.S.C. 583(a) (b)).

31. Social Security Act: Restriction regarding disclosure of information in possession of the Department of Health, Education, and Welfare (42 U.S.C. 1306).

32. Area Redevelopment Act: Regarding restriction of financial assistance and employment to expediters and administrative employees who have occupied positions involving discretion within certain periods (42 U.S.C. 2516).

33. Officers or employees of the Office of Education owning interest in or receiving money or services from any educational institution operated for profit in which an eligible veteran is pursuing a course of education or training under the Veterans Readjustment Assistance Act of 1952 (sec. 264 of the Veterans Readjustment Assistance Act of 1952, Public Law 550, 82d Cong.).

34. Holding office in State or local government by employees of the Office of Education (E.O. 7796, Jan. 21, 1938, as amended by Reorganization Plan No. I of 1939, 5 U.S.C. 133t, note).

FOOD AND DRUG ADMINISTRATION

38. Holding office under State or local government under certain conditions by employees serving in a medical or sanitary capacity, in the Division of Indian Health, Bureau of Medical Services (E.O. 7369, May 13, 1936, as amended by the act of Aug. 5, 1954, 68 Stat. 674, 42 U.S.C. 2001).

39. Holding office under State or local government under certain conditions by employees of Freedmen's Hospital (E.O. 7796, Jan. 21, 1938, as amended by Reorganization Plan No. 1 of 1939, 5 U.S.C. 133t, note).

SAINT ELIZABETHS HOSPITAL

40. Requires chief officer of Saint Elizabeths Hospital to devote his whole time to the welfare of the institution (22 U.S.C. 165 (1963)).

41. Holding office under State or local government under certain conditions by employees of Saint Elizabeths Hospital (E.O. 7796, Jan. 21, 1938, as amended by Reorganization Plan No. I of 1939, 5 U.S.C. 133, note).

SOCIAL SECURITY ADMINISTRATION

42. Prohibits knowingly deceiving, misleading, or threatening any claimant or prospective claimant or beneficiary or knowingly charging or collecting or making any agreement to charge or collect any fee in excess of the prescribed maximum fee (42 U.S.C. 406). 43. For the purpose of causing an increase in any social security payment to be made or for causing an unauthorized payment to be made, wrongfully makes or causes to be made any false statement or representation as to the amount of wages paid or received or the period during which earned or paid; or as to the amount of net earnings from SE derived or the period during which derived; or makes or causes to be made any false statement of a material fact in or in connection with any application for social security payments (42 U.S.C. 408).

44. A person with the intent to elicit information as to date of birth, employment, wages, or benefits of any individual, (1) falsely represents to this Department that he is such individual, or the spouse or former spouse, child or parent of such individual; or (2) falsely represents to any person that he is an employee or agent of the United States (42 U.S.C. 1307(b)).

45. "Medicare": Makes sections 406, 408, 416(j), and subsections (a), (d), (e), (f), (h), (i), (j), (k), and (1) of sec. 405 of Title 42 applicable to Title XVIII of the Social Security Act (42 U.S.C. 1395ii).

46. Disclosing information obtained by any employee of the Social Security Administration in the discharge of official duties (42 U.S.C. 1306).

47. Holding office under State or local government under certain conditions by employees of the Social Security Administration (E.O. 8399, Apr. 29, 1940).

APPENDIX B-PROFESSIONAL OCCUPATIONS

Following is a list of series of positions subject to the Classification Act that include professional positions. Positions not subject to the Classification Act should also be considered professional if the incumbents perform duties similar to the series listed.

$73.735-1210

015 Operations Research Series.

665

020

Urban Planning Series.

060

Chaplain Series.

Social Science Series.

680

102

Social Administration Series.

Pharmacist Series.

Optometrist Series.

Speech Pathology and Audiology Series.

Podiatrist Series.

Dental Officer Series.

685

110

Economist Series.

Public Health Program Specialist Series.

690

131

International Relations Series.

695

135

Foreign Agricultural Affairs Series.

150

Geography Series.

696

170

History Series.

701

801

180

Psychology Series.

184

Sociology Series.

803

804

185

Social Work Series.

806

190

General Anthropology Series.

807

193

Archeology Series.

808

195

Scientific Linguistics Series.

810

401

Biology Series.

819

403

Microbiology Series.

830

405

Pharmacology Series.

840

406

Agricultural Extension Series.

850

410

Zoology Series.

855

411

Systematic Zoology Series.

861

412

Parasitology Series.

870

413

Physiology Series.

871

414

Entomology Series.

880

415

Nematology Series.

881

430

Botany Series.

433

434

Plant Pathology Series.

892

435 Plant Physiology Series.

Ceramic Engineering Series.

893

436

Plant Quarantine and Pest Control

Industrial Hygiene Series.

Food and Drug Officer Series.

Food and Drug Inspection Series.

Veterinary Medical Science Series.
General Engineering Series.

Safety Engineering Series.

Fire Prevention Engineering Series.
Materials Engineering Series.

Landscape Architecture Series.
Architecture Series.

Civil Engineering Series.

Sanitary Engineering Series.

Mechanical Engineering Series. Nuclear Engineering Series. Electrical Engineering Series. Electronic Engineering Series. Aerospace Engineering Series. Marine Engineering Series. Naval Architecture Series.

Mining Engineering Series.

Petroleum Production and Natural

Gas Engineering Series.

Agricultural Engineering Series.

Chemical Engineering Series.

894

Series.

Welding Engineering Series.

Industrial Engineering Series.

905

440

Genetics Series.

General Attorney Series.

Estate Tax Examining Series.

935

Series.

Hearing Examiner Series.

Deportation and Exclusion Examining Series.

Legal Assistance Series.

Adjudicating Series.

1210 Copyright Examining Series.

1220

471

Agronomy Series.

Patent Administration Series.

1221

475

Farm Management Loan Series.

Patent Adviser Series.

1222

480

General Fish and Wildlife Adminis

Patent Attorney Series.

1223

tration Series.

Patent Classifying Series.

Patent Examining Series.

1225

484

Animal Control Biology Series.

485

Wildlife Refuge Management Series.

1241

486

Wildlife Biology Series.

487

Husbandry Series.

493

Home Economics Series.

510

Accounting Series.

512 Internal Revenue Agent Series.

Geophysics Series.

601

General Health Science Series.

Hydrology Series.

602

Medical Officer Series.

Chemistry Series.

610

Nurse Series.

Meteorology Series.

631

Occupational Therapist Series.

Geology Series.

633

Physical Therapist Series.

Oceanography Series.

Bureau of Elementary and Secondary Education

Assistant Director, Division of Program Operations.

Director, Programs Branch.

Director, Field Services Branch.

Director, Technical Operations Branch.
Director, Field Operations Branch.

Director, Human Social Science Instructional
Branch.

Director, Modern Languages Instructional Branch.

Director, Program for Special Needs Branch. Director, International Exchange Training Branch.

Bureau of Adult and Vocational Education

Director, Program Services Branch.

Director, State Vocational Services Branch. Director, Manpower Development and Training Branch.

Director, Library Services Branch.
Director, Educational TV Branch.

Director, Civil Defense Education Branch.
Director, Adult Education Branch.

Field Representatives, Manpower Development and Training, GS-13 to GS-15.

Bureau of Higher Education

Director, Grants Branch.

Director, Loans Branch.

Director, Institutional Support Branch.

Director, Overseas Assistance and Training