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Chief, Cost Review and Policy Branch. Chief, Headquarters Contract Operations Branch. Director, Facilities and Support Services Division.

Deputy Director, Facilities and Support Services Division.

Chief, Claims Staff.

Chief, Facilities Planning Staff.

Chief, Program Management and Operations Staff.

Chief, Safety Systems Staff.

Chief, Audiovisual Support Branch.
Chief, Facilities Management Branch.
Chief, General Services Branch.

Director, Management Information and Data Systems Division.

OFFICE OF RESOURCES MANAGEMENT

Deputy Assistant Administrator for Resources Management.

Director, Budget Operations Division. Director, Financial Management Division.

OFFICE OF PLANNING AND EVALUATION Deputy Assistant Administrator for Planning and Evaluation.

Director, Economic Analysis Division. Director, Policy Planning Division. Director, Program Evaluation Division. Director, Standards and Regulations Evaluation Division.

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Director, Mobile Source Enforcement Divi

sion.

Director, Pesticides Enforcement Division. Director, Stationary Source Enforcement Division.

ASSISTANT ADMINISTRATOR FOR AIR AND WATER

PROGRAMS

Assistant Administrator for Air and Water Programs.

Director, Office of Program Management Operations.

Director, Policy Analysis Staff.

Director, Technical Support Staff.

OFFICE OF WATER PROGRAMS OPERATIONS

Deputy Assistant Administrator for Water Programs Operations.

Director, Manpower Development Staff. Director, Municipal Waste Water Systems Division.

Director, Oil and Hazardous Materials Division.

Director, Walter Quality and Non-Point Source Control Division.

Director, Water Supply Division.

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OFFICE OF PESTICIDE PROGRAMS

Deputy Assistant Administrator for Pesticide Programs.

Director, Criteria and Evaluation Division.
Director, Registration Division.

Director, Technical Services Division.
Director, Operations Division.

OFFICE OF RADIATION PROGRAMS Deputy Assistant Administrator for Radiation Programs.

Director, Technology Assessment Division. Director, Criteria and Standards Division. Director, Field Operations Division. OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS Deputy Assistant Administrator for Solid Waste Management Programs.

Director, Operations Analysis Division. Director, Processing and Disposal Division. Director, Resource Recovery Division. Director, Systems Management Division. ASSISTANT ADMINISTRATOR FOR RESEARCH

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NATIONAL ENVIRONMENTAL RESEARCH CENTER, RESEARCH TRIANGLE PARK, N.C.

Director, NERC, RTP.

Deputy Director, NERC, RTP.
Director, Program Coordination.
Laboratory Directors.

Laboratory Deputy Directors.
Laboratory Management Officers.

NATIONAL ENVIRONMENTAL RESEARCH CENTER,
LAS VEGAS, NEV.

Director, NERC, Las Vegas.

Deputy Director, NERC, Las Vegas.
Administrative Officer.

Director of Program Coordination.
Chief, Technical Services Program.
Chief, Technical Training Program.
Chief, Environmental Surveillance Pro-
gram.

Chief, Radiological Research Program. NATIONAL ENVIRONMENTAL RESEARCH CENTER, CORVALLIS, OREG.

Director, NERC, Corvallis.

Deputy Director, NERC, Corvallis.
Administrative Officer.

Director of Program Coordination.
Laboratory Directors.

Laboratory Deputy Directors.
Laboratory Management Officers.

ALL LABORATORIES

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Director, Enforcement Division.

APPENDIX C-CATEGORIES OF FINANCIAL INTERESTS EXEMPTED FROM THE PROHIBITION OF 18 U.S.C. 208(a) (SEE §§ 3.303(b) AND 3.606(d) (2) (11))

1. Under the authority of section 208(b) (2) of Title 18, United States Code, it has been determined that the financial interests set forth in subparagraphs (a) through (e) of this paragraph are too remote or inconsequential to affect the integrity of the services of an employee or special Government employee in any matter in which he may act in his governmental capacity. This exemption applies whether such financial interests are held outright or in trust for the benefit of the employee, including a special Government employee, his spouse or minor child. Accordingly, interests listed in subparagraphs (a) through (e) of this

paragraph need not be included in statements of outside employment and financial interests filed pursuant to § 3.301(b).

(a) Bonds other than corporate bonds. (b) Mutual fund shares.

(c) Insurance policies.

(d) Cash, savings accounts, certificates of deposits, and shares in Federal credit unions.

(e) Ownership of real property used as the personal residence of a reporting employee. 2. When an employee, including a special Government employee, his spouse, or minor child is the beneficiary of a trust, the terms of which direct the trustee to manage the trust corpus in his sole discretion and not to disclose to the beneficiary the dealings and holdings of such trust, the Agency Counselor or a Deputy Counselor may determine that such trust provisions are adequate protection against real or apparent conflicts of interest and may grant an exemption from the prohibitions of section 208(a) of Title 18, United States Code. An exemption granted under this paragraph will not obviate the necessity of filing a statement of financial interests with respect to the assets held in such trust, unless such assets are not required to be reported by virtue of subparagraphs (a) through (e) of paragraph 1.

3. If an employee, including a special Government employee, has continued to participate in a bona fide pension, retirement, group Mfe, health, or accident insurance plan, or other employee welfare or benefit plan that is maintained by a business or nonprofit organization of which he is a former employee, his financial interest in that organization will be exempt, except to the extent that the welfare or benefit plan is a profit-sharing or stock-bonus plan. This exemption extends also to any financial interests that the organization may have in other business activities.

Subpart D-Acceptance of Gifts, Gratuities, or Entertainment

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by a person who accepts Federal employment.

(b) Except as provided in paragraph (d) of this section, and in § 3.104(e) the direct or indirect solicitation or acceptance by an employee, his spouse, or minor child of any gift, gratuity, entertainment (including meals), favors, loan, or any other thing of monetary value from any person, corporation, or group is forbidden if the employee has reason to believe that the person, corporation, or group:

(1) Has or is seeking to obtain contractual or other business or financial relationships with EPA; or

(2) Has interests which may be substantially affected by such employee's performance or nonperformance of his official duty; or

(3) Is in any way attempting to affect the employee's official action; or (4) Conducts operations or activities that are regulated by EPA.

(c) There are certain exceptions to the foregoing general rule which are set forth in paragraph (d) of this section. The application of these exceptions requires the exercise of good judgment and commonsense by employees. In determining whether one or more of the exceptions apply, employees shall be guided by the principle that situations have an appearance which might, whether justifiably or not, bring discredit to the Government or to EPA shall be avoided. If an employee finds that his acceptance of a meal, or of refreshments or entertainment pursuant to one of the exceptions under paragraph (d) of this section occurs other than infrequently, he should carefully reexamine the provisions of this subpart and consult with the appropriate Agency Counselor or Deputy Counselor in accordance with Subpart B of this part. Each employee shall govern his conduct in light of this subpart, so that he shall have no difficulty in justifying his actions if required to do so.

(d) The following are exceptions to the general rule set forth in paragraph (b) of this section:

(1) Acceptance of food and refreshments of nominal value on infrequent occasions in the ordinary course of a luncheon or dinner meeting or other meeting or on an inspection tour where the arrangements are consistent with the transaction of official business.

(2) Acceptance of modest entertainment, such as a meal or refreshment, in connection with attendance at widely attended gatherings sponsored by indus

trial, technical, or professional organizations; or in connection with attendance at public ceremonies or similar activities financed by nongovernmental sources where the employee's participation on behalf of EPA is the result of an invitation addressed to him in his official capacity and is approved as a part of his official duties, and the entertainment accepted is related to, and in keeping with, his official participation.

(3) Acceptance of gifts, favors, or entertainment, where there is an obvious family or personal relationship between the employee, or between his spouse, children or parents, and the donor, and where the circumstances make it clear that it is that relationship, rather than the business of the persons concerned, which is the motivating factor for the gift, favor, or entertainment.

(4) Purchase of articles at advantageous rates where such rates are offered to Government employees as a class.

(5) Acceptance of loans from banks or other financial institutions of customary terms to finance proper and usual activities of employees, such as home mortgage loans.

(6) Acceptance of unsolicited advertising or promotional material, such as pens, pencils, note pads, calendars, or other items of nominal value.

(7) Acceptance of incidental transportation in kind from a private organization, provided it is furnished in connection with the performance of the employee's official duties and is of a type customarily provided by the private organization. (For further guidance concerning the acceptance of travel and related expenses, see § 3.505.)

(e) A gift or gratuity the receipt of which is prohibited under this subpart shall be returned to the donor. If return is not possible, the gift or gratuity shall be turned over to a public or charitable institution and a report of such action, and the reasons why return was not feasible shall be made to the employee's supervisor. When possible, the donor also shall be informed of this action. § 3.402 Statutory prohibitions.

The prohibitions set forth in this subpart are to be construed as being in addition to and not in limitation of:

(a) The prohibitions of section 201 of Title 18, United States Code, as amended, relating to the corrupt solicitation or receipt of, or arrangement to receive, anything of value in connection

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(a) Employees are permitted to engage in outside employment or other outside activity that is compatible with the full and proper discharge of the duties and responsibilities of their Government employment. Guidelines for determining compatibility are set forth in § 3.503.

(b) Employees are encouraged to participate as private citizens in the affairs of their communities: Provided, That the limitations prescribed below, and otherwise by these regulations, are observed. Among these activities may be the following:

(1) Speaking, writing, editing, and teaching.

(2) Participation in the affairs of charitable, religious, professional, social, fraternal, nonprofit educational and recreational, public service, or civic organizations, and the acceptance of an award for a meritorious public contribution or achievement from any such organization.

(3) Participation in the activities of national, State, and local political parties not prescribed by law. In this connection employees should be particularly aware of the restrictions imposed on their activities by the "Hatch Act" (5 U.S.C. 7324-7327) and should consult whenever necessary with the appropriate Counselor or Deputy Counselor, as described in Sub

part B of this part, regarding the particularities of that act.

§ 3.503 Guidelines and limitations.

Outside employment or other outside activity is incompatible with the full and proper discharge of an employee's duties and responsibilities, and hence is prohibited, if:

(a) It would involve the violation of a Federal or State statute, a local ordinance, Executive order, or regulation to which the employee is subject.

(b) It would give rise to a real or apparent conflict of interest situation even though no violation of a specific statutory provision was involved.

(c) It would involve acceptance of a fee, compensation, gift, payment of expense, or any other thing of monetary value in circumstances in which acceptance might result in, or create the appearance of, a conflict of interest.

(d) It might bring discredit upon, or reasonably cause unfavorable criticism of, the Government or EPA or lead to relationships which might impair public confidence in the integrity of the Government or EPA.

(e) It would involve work with any contractor or subcontractor which is connected with any work being performed by that entity for EPA or would otherwise involve work for any person or organization which may be in a position to gain advantage in its dealings with the Government through the employee's exercise of his official duties.

(f) It would identify EPA or the employee officially with any organization manufacturing, distributing, or advertising a product relating to work conducted by EPA, or would create the false impression that it is an official action of EPA, or represents an official point of view. In any permissible outside employment, care shall be taken to ensure that names and titles of employees are not used to give the impression that the activity or product is officially endorsed or approved by EPA or is part of EPA activities.

(g) It would involve use of the employee's time during his official working hours.

(h) It would involve use by the employee of official facilities, e.g., office space, office machines or supplies, or the services of other employees during duty hours.

(1) It would be of such extent or nature as to interfere with the efficient

performance of the employee's Government duties, or impair his mental or physical capacity to perform them in an acceptable manner.

(j) It would involve use of information obtained as a result of Government employment which is not freely available to the general public in that it either has not been made available to the general public or would not be made available on request. However, written authorization for the use of any such information may be given when the Administrator determines that such use would be in the public interest.

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In applying the provisions of this subpart, particularly with regard to writing, speaking, or editing activities, employees shall distinguish between official and nonofficial activities. In connection with writing, speaking, or editing, an activity shall normally be considered official if:

(a) It is the result of a request addressed to EPA to furnish a speaker, author, or editor or of an invitation addressed to an employee of EPA to perform these activities in his official capacity, rather than as a private individual;

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(a) An employee may accept compensation or an honorarium for permissible outside employment or other outside activity which is nonofficial in character unless otherwise prohibited by this subpart.

(b) (1) Except as provided in paragraph (b)(2) of this section, travel expenses shall be borne by the Government when official employment activities of employees are involved, including attendance at meetings of nongovernmental organizations. Conversely, when nonofficial outside employment activities are involved, appropriated funds shall not be utilized for travel or subsistence.

(2) Contributions and awards incident to training in non-Government facilities

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