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 if the donor has or is seeking to obtain contractual or other business or financial relations with the Department, has interests that may be substantially affected by the performance or nonperformance of official duties, is attempting to reward or influence the employee's official actions, or if acceptance of such item could affect the employee's impartiality, or give that appearance. 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. 7342. 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) In general, Decision B-128527 of the Comptroller General dated March 7, 1967, restricts receipt of reimbursement for travel, subsistence, or other expenses from private sources by an employee on official business under agency orders. This decision or other regulations in this part do not restrict acceptance of contributions, awards, travel, subsistence, and other expenses from nonprofit organizations authorized by 5 U.S.C. 4111 and regulations issued thereunder; Provided, That 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 $ 0.735-13 (except as allowed by $ 0.735 17(a) (6)), accept from nongovernmental 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 Decision B-128527 of the Comptroller General and may only be granted if acceptance of the contribution, award, or payment: (1) Would not reflect unfavorably on the ability of the employee to carry out his official duties in a fair and objective manner; (2) would not compromise the honesty and integrity of the Government programs or of Government employees and their official actions or decisions; (3) would be compatible with the Code of Ethics for Government Service expressed in House Concurrent Resolution 175, 85th Congress, second session; (4) would otherwise be proper and ethical for the employee concerned under the circumstances in his particular case; and (5) if the contribution, award, or payment is not a reward for services to the organization prior to the training or meeting. Authorization shall be limited to receipt of bona fide reimbursement for actual expenses of travel and other necessary subsistence for which no Government payment or reimbursement 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. § 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 of nominal value or donations in a nominal amount made on a special occasion such as marriage, illness. etc. (a) The prohibitions in this subpart 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 organization; civic (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; (6) Acceptance, without permission, of food, entertainment, and refreshments of nominal value on infrequent occasions in the ordinary course of a meeting, inspection tour, or training situation in which the employee is properly in attendance. (b) Notwithstanding any reference to generally permissible gifts in this subpart, employees 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 approved by the Solicitor and furnished to the employees. Such forms must be 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 Executive Schedule in subchapter II of chapter 53 of title 5, United States Code; except the Secretary of Labor who is subject to separate reporting requirements under section 401 of Executive Order 11222; (b) The Deputy Under Secretary, Deputy Assistant Secretaries, Deputy Solicitor, and all Assistants and all grades GS-13 and above executive or special assistants to the Secretary, Under Secretary, Assistant Secretaries, or the Solicitor; (c) The heads of all administrations, bureaus, and offices, as defined in $0.735-1. The heads of all bureaus and offices within an administration which are not a part of a larger administrative subdivision within such administration; (d) The heads of all subdivisions within the Office of the Secretary which are not a part of a larger administrative subdivision within that Office; (e) Employees in hearing examiner positions as defined by § 930.202(c) of the Civil Service Commission regulations (5 CFR 930.202(c)); (f) Employees, grade GS-13 and above occupying the following positions: OFFICE OF THE SECRETARY Office of the Assistant Secretary for Office of Financial Management and Administration: Director. Chief, Division of Audit. Auditors. Office of Administrative Services: Director. Procurement Officer. Office of Employee Utilization and Development: Director. Executive Development Officer. Employee Development Officer. Office of Program and Budget Review: Assistant Director for Budget Review. Assistant Director for Compliance Operations. Assistant Administrator for Planning and Management. Assistant to the Administrator. Chief, Division of Regulations and Exemptions. Chief, Division of Wage Determinations. Regional Directors. 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: Deputy Director. Branch Chiefs. Supervisory Staff Accountants, Branch of Financial Analysis. Director, Division of Technical Assistance. 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, Branch of Payments Administration. Chief, Branch of MDTA Contracts and Grants. Chief, Branch of Bureau of Work Training Programs Contract Review. Bureau of Apprenticeship and Training Deputy Administrator. Director, Office of Administration. 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. Administration and Management Service: 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 Man- Chief, Division of State Budgets and Fiscal Regional Offices: Deputy Directors. (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 (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 special 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 em |