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Subtitle A-Office of the Secretary of

Agriculture

Part 0

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5 6 7 8 10 11 12

Employee responsibilities and conduct.
Administrative regulations.
Award of fellowships to applicants from other American Republics.
Debt settlement.
Claims against Indemnity Fund under programs administered by Agricul-

tural Stabilization and Conservation county committees.
Determination of parity prices.
Import quotas and fees.
Agricultural Stabilization and Conservation committees.
4-H Club name and emblem.
Contract work.
Sales of agricultural commodities for foreign currencies.
Determination of surplus agricultural commodities under section 211 of

the Agricultural Act of 1956.
Setoffs and withholdings.
Sales of agricultural commodities on credit under long-term supply contracts.
Nondiscrimination.
Milk indemnity payment program.
Sales of agricultural commodities made available under Title 1 of the

Agricultural Trade Development and Assistance Act of 1954, as amended.
Equal employment opportunity in the state cooperative extension services.

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PART 0 EMPLOYEE RESPONSIBILI

TIES AND CONDUCT

Subpart A-General Provisions Sec. 0.735-1 Purpose. 0.735-2 Definitions. 0.735-3 Remedial action. Subpart B-Conduct and Responsibilities of

Employees 0.735–11 Prohibited conduct-general. 0.735–12 Prohibitions upon employees serv

ing abroad. 0.735–13 Gifts, entertainment, and favors. 0.735–14 Outside employment and activi

ties-general. 0.735–15 Employment by foreign interests. 0.735–16 Serving as consultant or advisor. 0.735–17 Teaching, lecturing, and writing. 0.735–18 Activities of Department employ

ees with relation to general or

specialized farm organizations. 0.735–19 Indebtedness. 0.735–20 Political activity. 0.735–21 Requirement to furnish informa

tion. 0.735–22 Safeguarding information. 0.735-23 Use of vehicles. 0.735-24 Financial interests. 0.735–25 Miscellaneous provisions. 0.735–26 Miscellaneous statutory provisions.

Subpart C—Counseling and Advisory Service 0.735–31 Counseling and advisory service.

Subpart D-Conflicts of Interest 0.735 41 Conflicts of interest.

SOURCE: The provisions of this part O appear at 31 F.R. 8528, June 18, 1966, unless otherwise noted.

Subpart A-General Provisions $ 0.735–1 Purpose.

The maintenance of unusually high standards of honesty, integrity, impartiality, and conduct by Government employees and special Government employees is essential to assure the proper performance of the Government business and the maintenance of confidence by citizens in their Government. The confidence of citizens in their Government is influenced not only by the manner in which employees serve the public but in the way they conduct themselves in the eyes of the public. The avoidance of misconduct and conflicts of interests on the part of Government employees and special Government employees through informed judgment is indispensable to the maintenance of these standards. Το accord with these concepts, this part sets forth the regulations for employees of the U.Ş. Department of Agriculture, prescribing standards of conduct and responsibilities, and the reporting of employment and financial interests. $ 0.735-2 Definitions.

In this part:

(a) “Agency” means an independent subagency of the U.S. Department of Agriculture.

(b) “Agency Head" is the Administrator or Chief Executive Officer of an agency.

(c) “Conflict of interest” means the situation that exists when there is a conflict, or appearance of conflict, between the interest of an employee and the performance of his Government duties.

(d) “Employee" means a regular officer or employee of the Department of Agriculture including excepted and WOC employees and includes a special Government employee unless otherwise provided.

(e) “Special Government employee" means an officer or employee of the Department of Agriculture who is retained, designated, appointed, or employed to perform temporary duties either on a full-time or intermittent basis, with or without compensation, for not to exceed 130 days during any period of 365 consecutive days.

(f) “The Executive Order" means Executive order 11222 of May 8, 1965.

Subpart Statements of Employment and

Financial Interests 0.735–51 Employees required to submit

statements. 0.735-52 Exceptions. 0.735–53 Identification of employees re

quired to submit statements. 0.735–54 Time and place for submission of

employees' statements. 0.735–55 Supplementary statements. 0.735–56 Interests of employee relatives. 0.735–57 Information prohibited. 0.735–58 Information not known by em

ployee. 0.735–59 Types of interests to be reported. 0.735-60 Effect of employees' statements. 0.735–61 Specific provisions for special Gov

ernment employees. 0.735-62 Review of statements and deter

mination of conflicting interests. 0.735-63 Disposition of conflicting interests. 0.735-64 Protection of reports. 0.735–65 Agency implementation.

AUTHORITY: The provisions of this part o issued under Executive Order 11222 of May 8, 1965, 30 F.R. 6469, 3 CFR, 1965 Supp.; 5 CFR 735.104.

$ 0.735–3 Remedial action.

(a) A violation of this part by an employee may be cause for remedial action. Remedial action may include, but is not limited to:

(1) Changes in assigned duties;

(2) Divestment by the employee of his conflicting interest;

(3) Disciplinary action which may be in addition to any penalty prescribed by law; or

(4) Disqualification for a particular assignment.

(b) Remedial action, whether disciplinary or otherwise, shall be effected in accordance with any applicable laws, Executive orders, and regulations. Subpart B-Conduct and Responsibil

ities of Employees $ 0.735–11 Prohibited conduct-gen

eral. Except as provided in paragraph (s) of this section, employees are specifically prohibited from:

(a) Betting or participating in lotteries or any other form of gambling, even for a worthy cause on Governmentowned or leased premises or while on duty for the Government.

(b) Consuming intoxicating beverages in Government-owned or leased property, or transporting such beverages in Government-owned vehicles, or using such beverages while on duty or after duty to the extent that it adversely affects performance of official duties, or results in embarrassment to the Department. 5 U.S.C. 7352 states that a person who habitually uses intoxicating beverages to excess may not be retained in his position.

(c) Engaging in criminal, dishonest, immoral, or notoriously disgraceful conduct, or other conduct prejudicial to the Government.

(d) Lending funds at usurious interest rates.

(e) Being absent from duty without authorization.

(f) Provoking other employees and making unwarranted criticism or accusations against other employees or supervisor.

(g) Refusing to give testimony or respond to questions made in connection with official inquiries or investigations.

(h) Giving or using information acquired through their official position prior to its release to the general public, to advance the interests of themselves,

their families, associates, friends, or those of other persons. However, this subparagraph does not prohibit an employee from teaching, lecturing, and writing as authorized in $ 0.735–17.

(i) Engaging in any personal business transaction or private arrangement for profit which accrues from or is based on their official positions or authority, or on official information prior to its release to the general public.

(j) Monitoring or recording or authorizing or permitting others under their administrative control to monitor or record telephone conversations for the purpose of taking a verbatim transcript of the conversation in whole or in part, except when adequate notice is given to, and agreement received from,. all participants of the conversation. The monitoring and/or recording shall be terminated as soon as the agreed upon portion of the telephone conversation is completed.

(k) Utilizing a mechanical or electronic device to overhear or record nontelephone conversations, unless such recording or monitoring is authorized by the speaker.

(1) Soliciting contributions from other employees for a gift to a superior.

(m) An employee in a superior official position may not accept a gift presented as a contribution from employees receiving less salary than himself.

(n) Making a donation as a gift to a superior. (5 U.S.C. 7351)

(0) Accepting 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.

(p) Using either directly or indirectly, or allowing the use of Governmentowned or leased property, facilities or services for other than officially approved purposes. Employees have a positive duty to conserve and protect Government property.

(q) Investigating or conducting any regulatory work directly affecting any corporation, company, firm, association, or organization in which he has a financial or other interest.

(r) Coercing, or giving the appearance of coercing any person, corporation, company, firm, association, or organization to provide financial benefit to himself or another.

(s) The restrictions set forth in paragraphs (1), (m), and (n) of this section shall not be interpreted as prohibiting activities incident to the voluntary giving or acceptance of gifts of nominal value made on special occasions such as marriage, illness, or retirement.

(t) And shall avoid any action, whether or not specifically prohibited by this subpart, which might result in, or create the appearance of:

(1) Using public office for private gains;

(2) Giving preferential treatment to any person;

(3) Impeding Government efficiency or economy;

(4) Losing complete independence or impartiality;

(5) Making a Government decision outside of official channels; or

(6) Affecting adversely the confidence of the public in the integrity of the Federal Government. [31 F.R. 8528, June 18, 1966, as amended at 33 F.R. 953, Jan. 26, 1968] 8 0.735–12 Prohibitions upon employ

ees serving abroad. An employee on foreign assignment may not:

(a) Violate Department of State regulations governing the post to which he is assigned.

(b) May not receive a "profit” from the sale of his personal car or other property when such “profit" accrues from import privileges granted him by reason of his official status. “Profit” for the purposes of this paragraph is as defined in Department of State regulations or directives governing the post of assignment.

(c) Engage in political activities in the country of assignment.

(d) Violate the laws of the country in which he is assigned.

(e) Have an interest in any business enterprise or engage in any profession in any country to which assigned.

(f) Speculate in foreign real estate, bonds, shares, stocks, and currencies. (31 F.R. 8528, June 18, 1966, as amended at 33 F.R. 953, Jan. 26, 1968] $ 0.735–13 Gifts, entertainment, and

favors. (a) Except as provided in paragraph (b) of this section, an employee shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, unusual discount, loan, or any other thing of monetary value from a person who:

(1) Has or is seeking to obtain contractual or other business or financial relations with his agency, or with the Department.

(2) Conducts operations or activities that are regulated by the Department.

(3) Has interests that may be substantially affected by the performance or nonperformance of his official duty.

(b) The restrictions set forth in paragraph (a) of this section shall not be interpreted as prohibiting:

(1) Acceptance of any of the usual courtesies normal in an obvious family or personal relationship (such as those between the parents, children, or spouse of the employee) when the circumstances make it clear that it is those relationships rather than the business of the persons concerned which are the motivating factors.

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

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

(4) The exchange of usual social courtesies which are wholly free of any embarrassing or improper implications.

(c) [Reserved]

(d) Neither this section nor $ 0.735– 14 precludes an employee from receipt of bona fide reimbursement, unless prohibited by law, for expenses of travel and such other necessary subsistence as is compatible with this part for which no Government payment or reimbursement is made. However, this paragraph does not allow an employee to be reimbursed, or payment to be made on his behalf, for excessive personal living expenses, gifts, entertainment or other personal benefits, nor does it allow an employee to be reimbursed by a person for travel on official business under agency orders when reimbursement is proscribed by Decision B-128527 of the Comptroller General dated March 7, 1967. [31 F.R. 8528, June 18, 1966, as amended at 33 F.R. 953, Jan. 26, 1968] $ 0.735–14 Outside employment and

activities general. No employee of the Department shall perform or be engaged in any work or activity on his own behalf, or for private

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individuals, firms, companies, organizations, institutions, or State or local governments:

(a) If the outside work or activity would prevent the employee from rendering full-time service to the Department;

(b) If the efficiency of the employee may be impaired by the performance of the outside duties; that is where the outside duties are of such onerous or fatiguing nature as to injure his health or to prevent him from doing his best work during his official hours;

(c) [Reserved]

(d) If the work or activity to be done in a private capacity may be construed by the public to be the official acts of the Department, or of a nature closely paralleling the work of the Department.

(e) If the business connections to be established or property interest to be acquired may result in a conflict between the private interest of the employee and his official duty;

(f) If the doing of such work or activity may involve the use of information secured as the result of employment in the Department and to the detriment of the public service;

(g) If such employment or activity may tend to bring criticism on the Department or cause embarrassment;

(h) If the work or activity relates to a written discussion of policies or official work of the Department unless it has been cleared with the Office of Information;

(i) If the work or activity by the employee gives the appearance of, or the granting of, permission to use his name in the advertising of organizations commercializing the results of research conducted by this Department, irrespective of any merits which such enterprises may appear to possess;

(j) If the work or activity involves participation in a commercially sponsored broadcast except as authorized by the Director of Information. [31 F.R. 8528, June 18, 1966, as amended at 33 F.R. 12083, Aug. 27, 1968] $ 0.735–15 Employment by foreign in

terests. Employees are specifically prohibited from acting as the agent of a foreign principal registered under the Foreign Agent's Registration Act (18 U.S.C. 219). No employee, whether in a duty status,

or annual leave, or leave without pay, shall accept employment, with or with out pay, from any foreign government, corporation, partnership, or individual without the prior authorization of the Secretary. Such requests shall be directed to the attention of the Director of Personnel. (31 F.R. 8528, June 18, 1966, as amended at. 33 F.R. 953, Jan. 26, 1968] $ 0.735–16 Serving as consultant or ad.

visor. No employee except a special Government employee shall accept compensation for services as consultant or advisor to any organization or enterprise, public or private, in any manner which draws upon the experience, competence or professional standing acquired or enhanced by or through his position in this Department unless he has received permission from his Agency Head. A special Government employee shall not use his employment with the Department for a purpose that is, or gives the appearance of being, motivated by the desire for private gain for himself or another. $ 0.735–17 Teaching, lecturing, and

writing. It is the policy of the Department to grant permission to employees to teach, lecture, or write, including teaching, lecturing, or writing for the purpose of the special preparation of a person or class of persons for an examination of the Civil Service Commission or Board of Examiners for the Foreign Service, when such duties will not interfere with the effective discharge of the employee's official duties, provided:

(a) Prior authorization is obtained from the Agency Head.

(b) Such teaching, lecturing, or writing is not performed at, or for, any educational institution that discriminates because of race, creed, color or national origin in the admission or in subsequent treatment of students.

(c) Such teaching, or lecturing, or writing is not dependent on information obtained as a result of his employment with the Department, except when that information has been made available to the general public or when the agency head gives specific authorization for the use of nonpublic information that is in the public interest.

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