Assistant Administrator for Research and Legislative Analysis. Assistant Administrator for Planning and Management. Assistant to the Administrator. Chief, Division of Regulations and Exemptions. Chief, Division of Wage Determinations. Deputy Regional Directors. Assistant Regional Directors. Assistants to the Regional Directors. Directors of District Offices. Field Office Supervisors. Director of the Puerto Rico Area Office. Assistant Director of the Puerto Rico Area Office. LABOR MANAGEMENT SERVICES ADMINISTRATION Deputy Administrator. Director, Office of Labor-Management Relations Services. Director, Office of Labor-Management Policy Development. Director, Office of Administration and Management. Director, Office of Veterans Reemployment Rights. Office of Labor-Management and WelfarePension Reports Professionals, Office of the Director. Professionals, Division of Compliance Operations. Division of Reports and Analysis: Division of Regulations and Administrative Rulings: Director. Branch Chiefs. Chief, Section of Bonding. Chief, Section of Rulings (Welfare and Pension Plans). Field: Regional Directors. Assistant Regional Directors. Area Directors. MANPOWER ADMINISTRATION Office of the Manpower Administrator Deputy Manpower Administrator. Assistant Manpower Administrator for Manpower Development and Training. Assistant Manpower Administrator for Intergovernmental Relations. Special Assistant to the Manpower Administrator (Equal Employment Opportunities). Regional Manpower Administrators. Manpower Administrator's Regional Representatives. Executive Secretary, President's Committee on Manpower. Associate Manpower Administrator. Deputy Associate Manpower Administrator. Chief, Division of Program Evaluation. Division of Program Experimentation: Professionals. Division of Program Demonstration: Chief. Professionals. Office of Manpower Research: Special Assistant to the Director. Division of Manpower Research Contracts: Chief. All Professionals, grades GS-14 and Division of Manpower Research Grants: Professionals, grades GS-14 and above. Office of Financial and Management Services Assistant Manpower Administrator for Ad ministration. Deputy Assistant Manpower Administrator for Administration. Division of Contracting Services: Chief. Chief, Branch of Payments Administration. Chief, Branch of MDTA Contracts and Grants. Chief, Branch of Bureau of Work Training Programs Contract Review. Bureau of Apprenticeship nad Training Deputy Administrator. Director, Office of Administration. Regional Directors. Deputy Regional Directors. Bureau of Employment Security Assistant to the Administrator. Deputy Administrator. Executive Assistant to the Adminisrator. Special Assistant to the Administrator (Program Policy and Planning). Special Assistant to the Administrator (Federal-State Relationships). Special Assistant to the Administrator (Relations with Cooperating Groups). Assistant to the Administrator for Training Program Coordination. Chief, Office of Information. Chief, Office of Field Administration. Director, Office of Management and Appraisal. Chief, Division of Automatic Data Processing. Digital Computer Analysts. Chief, Division of Federal Management and Administration. Director, Office of Fiscal Policy and Management. Chief, Division of State Budgets and Fiscal Standards. Unemployment Insurance Service: (g) Additions to, deletions from, and other amendments of the list of positions in paragraph (f) 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 clearance by the Solicitor and actual notification to the incumbents. The amended list shall be submitted annually for publication in the FEDERAL REGISTER. (h) Any employee who believes that his position has been improperly included under this subpart as one requiring the submission of a statement of employment and financial interests shall have the opportunity for review of such inclusion under the grievance procedures of the Department of Labor. § 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 as of September 30 each year. If there are no changes or additions, a negative report is required. Notwithstanding the filing of the annual report required by this section, each employee shall at all times avoid acquiring a financial interest that could result, or taking an action that would result, in a violation of the conflict-of-interest laws or Supart C of this part. § 0.735-20 Special Government employees required to submit state ments. (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 interests to the head of the employing administration, bureau, or office, on forms approved by the Solicitor and furnished to the individual. Such forms must be completed 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 integrity of the Government. For the purpose of this section, "consultant" and "expert" shall be given the meanings given those terms by Chapter 304 of the Federal Personnel Manual. (b) Each special Government employee shall keep his statement of employment and financial interests current throughout his employment with the Department by the submission of supplementary statements. $ 0.735-21 Review procedures. (a) Except as provided in 0.735-22, the head of each administration, bureau, or office, shall promptly review each initial and supplementary statement of employment and financial interests required by this part. No individual may enter on duty as a special Government employee if the head of the employing administration, bureau, or office determines that employment would be in conflict with the standards set forth in this part, or other applicable regulations, laws, or orders. (b) Before the head of an administration, bureau, or office disapproves a statement of employment and financial interests submitted by a regular or spe cial Government employee, such employee must be given an opportunity to explain the possible or apparent conflict of interest. The head of the employing administration, bureau, or office may require the employee to furnish such additional information as may be appropriate in considering the statement of employment and financial interests. If, after adequate investigation, he disapproves an employee's statement of employment and financial interests, he shall promptly notify the employee of the disapproval and recommend appropriate remedial action pursuant to § 0.735-3. If the employee is unwilling or unable to take such action, the head of the employing administration, bureau, or office shall forthwith transmit the employee's statement of employment and financial interests and other pertinent information to the Solicitor. The Solicitor shall review all such forms and recommend appropriate action on such statements of employment and financial interests to the Under Secretary. If the Under Secretary disapproves the form, the head of the employing administration, bureau, or office shall initiate appropriate remedial action under § 0.735-3 and other applicable laws, orders, and regulations. Pending any final determination with regard to an employee's statement of employment and financial interests, the head of the employing administration, bureau, or office shall relieve the employee of any duties which appear to conflict with a private interest or activity and assign him other duties. § 0.735-22 Statements of top staff and certain other employees. Statements of employment and financial interests submitted by the heads of administrations, bureaus, offices, Presidential appointees, members of boards or commissions appointed by the Secretary, the heads of subdivisions within the Office of the Secretary which are not a part of larger administrative subdivisions within such Office, and employees in the immediate Office of the Secretary will be reviewed by the Secretary or the individual designated by him. Statements of employment and financial interests submitted by employees in the Office of the Secretary other than those specified above, will be reviewed by the head of the employing subdivision within such office which is not a part of a larger subdivision in accordance with § 0.735-21. § 0.735-23 Confidentiality. The Department shall hold each statement of employment and financial interests and supplementary statements in confidence. Statements shall be kept in a special file maintained by the head of the administration, bureau, office or other official responsible for review in such administrative subdivision of the Department where the individual is employed. No statement or copy thereof may be placed in an employee's personnel file. The official responsible for review of a statement is also responsible for maintaining the statement in confidence and shall not allow an individual to examine any statement or copy thereof without the approval of the Solicitor for good cause shown, except in fulfillment of his responsibilities under the regulations in this part. No information from a statement of employment and financial interests may be disclosed outside of the Department of Labor except as the Secretary, or the Civil Service Commission may determine for good cause shown. § 0.735-24 Review of files. The Solicitor or his designee may from time to time examine the files containing statements of employment and financial interests and supplementary statements, including those approved by the heads of administrations, bureaus, or offices. He shall report any conflict discovered thereby to the appropriate Department official. § 0.735-25 Interests of employees' relatives. For the purpose of the statements of employment and financial interests required by this subpart, the interest of a spouse, minor child, or other member of the 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 employee's household. § 0.735-26 Information not known by employees. If any information required to be included on a statement of employment and financial interests 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. § 0.735-27 Information not required. This subpart does not require an employee to submit on a statement of employment and financial interests or supplementary statement any information relating to the policy holdings in an insurance company and the stock or bond holdings in a mutual fund, investment company, or bank: Provided, That in the case of a mutual fund, investment company, or bank, the fair value of such stock or bond holding does not exceed one percent of the value of the reported assets of the mutual fund, investment company, or bank. In addition, this subpart does not require submission of information relating to the employee's connection with, or interest in, a professional society or charitable, religious, social, fraternal, recreational, public service, ctvic, 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 of employment and financial interests. § 0.735-28 Effect of employees' statements on other requirements. The statement of employment and financial interests and supplementary statements required of employees are in addition to, and not in substitution for, or in derogation of, any similar requirements 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. APPENDIX A Attention of the employees of the Department of Labor is hereby directed to the following statutory provisions: (a) House Concurrent Resolution 175, 85th Congress, second session, 72A Stat, B12, the "Code of Ethics for Government Service." (b) Chapter 11 of title 18, United States Code, relating to bribery, graft, and conflicts of interest, as appropriate to the employees concerned. (c) The prohibition against lobbying with appropriated funds (18 U.S.C. 1913). (d) The prohibition against disloyalty and striking (5 U.S.C. 7311, 18 U.S.C. 1918). (e) The prohibition against the employment of a member of a Communist organization (50 U.S.C. 784). (f) The prohibitions against (1) the disclosure of classified information (18 U.S.C. 798, 50 U.S.C. 783); and (2) the disclosure of confidential information (18 U.S.C. 1905). (g) The provision relating to the habitual use of intoxicants to excess (5 U.S.C. 7352). (h) The prohibition against the misuse of a Government vehicle (31 U.S.C. 638a(c)). (1) The prohibition against the misuse of the franking privilege (18 U.S.C. 1719). (j) The prohibition against the use of deceit in an examination or personnel action in connection with Government employment (18 U.S.C. 1917). (k) The prohibition against fraud or false statements in a Government matter (18 U.S.C. 1001). (1) The prohibition against mutilating or destroying a public record (18 U.S.C. 2071). (m) The prohibition against counterfeiting and forging transportation requests (18 U.S.C. 508). (n) The prohibitions against (1) embezzlement of Government money or property (18 U.S.C. 641); (2) failing to account for public money (18 U.S.C. 643); and (3) embezzlement of the money or property of another person in the possession of an employee by reason of his employment (18 U.S.C. 654). (0) The prohibition against unauthorized use of documents relating to claims from or by the Government (18 U.S.C. 285). (p) The prohibition against political activities in subchapter III of chapter 78 of title 5, United States Code and 18 U.S.C. 602, 603, 607, and 608. (q) The prohibition against an employee acting as the agent of a foreign principal registered under the Foreign Agents Registration Act (18 U.S.C. 219). PART 1-PROCEDURE FOR PREDETERMINATION OF WAGE RATES Sec. 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 Suspension of procedures in this part Obtaining and compiling wage rate in- Outline of agency construction pro- Determination of wage rates. 1.9 Pre-hearing conferences. 1.10 Hearing examiner's proposed decision. 1.11 Submission of hearing examiner's proposed decision to interested persons. 1.12 Exceptions of interested persons. Decision of Solicitor. 1.13 AUTHORITY: The provisions of this Part 1 issued under 64 Stat. 1267; sec. 2, 48 Stat. 948; sec. 10, 61 Stat. 89; 5 U.S.C. 301, 133z-15 note; 40 U.S.C. 276c; 29 U.S.C. 258. Interpret or apply sec. 1, 46 Stat. 1494, 49 Stat. 1011; sec. 212 added to c. 847, 48 Stat. 1246 by sec. 14, 53 Stat. 807; sec. 602, added to c. 94, 64 Stat. 77 at 73 Stat. 681; sec. 2, 60 Stat. 1041; sec. 15, 60 Stat. 178; sec. 307(f); 63 Stat. 430; sec. 205, 64 Stat. 973; sec. 310, 65 Stat. 307; sec. 201, 64 Stat. 1248; sec. 3, 72 Stat. 532; sec. 108, 72 Stat. 895; sec. 6, 62 Stat. 1158; sec. 15, 75 Stat. 714; sec. 21, 75 Stat. 613; sec. 15, 75 Stat. 688; sec. 721, 77 Stat. 167; secs. 101, 122, 135, 205, 77 Stat. 282, 284, and 288. 40 U.S.C. 276a; 12 U.S.C. 1701q, 1715c, 1749a; 42 U.S.C. 291h, 1416, 1459, 1592; 29 U.S.C. 1114, 20 U.S.C. 636; 23 U.S.C. 113; 50 U.S.C. App. 2281; 33 U.S.C. 466e. SOURCE: The provisions of this Part 1 appear at 29 F.R. 95, Jan. 4, 1964, unless otherwise noted. § 1.0 Suspension of procedures in this part and revocation of the suspen sion. (a) The procedures for predetermination of wage rates contained in this part were suspended, effective February 23, 1971, and until otherwise provided, pursuant to Proclamation 4031 (36 F.R. 3457) promulgated by the President on February 23, 1971, under the authority provided in section 6 of the Davis-Bacon Act (40 U.S.C. 276a-5). (b) Proclamation 4031 suspended as to all contracts entered into on or subsequent to February 23, 1971, and until otherwise provided (1) The provisions of the Davis-Bacon Act of March 31, 1931, as amended, and the provisions of all other acts providing for the payment of wages, which provisions are dependent upon determinations by the Secretary of Labor under the Davis-Bacon Act; and (2) The provisions of any Executive order, proclamation, rule, regulation, or other directive providing for the payment of wages, which provisions are dependent upon determinations by the Secretary of Labor under the Davis-Bacon Act. (c) The suspension of the procedures in this part is now revoked pursuant to Proclamation No. 4040 of the President dated March 29, 1971, which revoked Proclamation No. 4031 of February 23, 1971, as to all construction contracts, whether for direct Federal construction |