use of the Department of Agriculture as a medium for advertising. To this end, and in order to avoid any complications that later might arise, when any branch of the Department of Agriculture enters into cooperation with such an institution or enterprise it should be explicitly understood at the time the work is commenced that no reference will be made by name or otherwise to the cooperating institution or enterprise, or to any individual connected therewith, in anything published by the Department of Agriculture.† (R.S. 161; 5 U.S.C. 22)

1.1361 Distribution. (a) The Office of Information shall manage the distribution of publications of the Department, although the actual mailing of such publications will take place at the Government Printing Office.

(b) To mail publications to an individual, a request, approved by the chief of the bureau or person designated by him, and accompanied by the necessary addressed frank, should be made on the Office of Information. This request will be forwarded to the office of the Superintendent of Documents, Government Printing Office, where the publication will be mailed.† (Sec. 92, 28 Stat. 623, 45 Stat. 986; 44 U.S.C. 96)

1.1362 Preference in distribution. (a) In the distribution of the regular publications of the Department of Agriculture (excepting farmers' bulletins, emergency circulars, or circulars of general interest, which are issued in large editions and are distributed by regular mailing lists and to miscellaneous applicants), preference should be given to libraries, educational and scientific institutions, the press, exchanges, State and Federal officials connected with agriculture, and those persons rendering tangible service to the Department. Miscellaneous applications will be filled as long as the supply lasts after which applicants should be informed that the publications can be obtained from the Superintendent of Documents, Government Printing Office, Washington, D. C. at the quoted prices.

(b) No private individual or corporation will be sent more than 50 copies of any one publication, except on approval of the Joint Committee on Printing.† (R.S. 161; 5 U.S.C. 22)

1.1364 Distribution of periodicals. (a) The free distribution of periodical publications will in general be limited to the following groups: (1) libraries; (2) the press; (3) Department employees; (4) co-operators; (5) collaborators; (6) workers in agricultural colleges and experiment stations; and (7) agricultural associations.

(b) No name will be placed upon the mailing list for any periodical except upon specific request of the person or institution desiring it and the approval of the issuing bureau and the Office of Information. Others may purchase these publications by subscription from the Superintendent of Documents, Government Printing Office.† (Sec. 92, 28 Stat. 623, sec. 8, 37 Stat. 414; 44 U.S.C. 95)

1.1366 Distribution of the Journal of Agricultural Research. The free distribution of the Journal is confined to agricultural colleges, technical schools, experiment stations, libraries or large universities, Government depositories, and such institutions as make suit

For source citation, see note to § 1.1331.

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able exchanges with the Department. No copies are available for free distribution to individuals.t (R.S. 161; 5 U.S.C. 22)

OFFICIAL RECORDS

1.1531 Distribution. (a) Copies of reports of public hearings and conferences held by the Department may be furnished free to representatives of foreign countries, Federal and State officials.

(b) Other persons or organizations interested in securing copies should be referred to the stenographic reporter in cases where the report of hearing is made by contract.

(c) When the report is made by Department employees, a charge of 10 cents per page, 8 by 1012, double spacing (approximately 250 words), should be made for each page of the report including all accompanying lists of names and other matter embodied in the report.

(d) When the report is printed or typed in single spacing (approximately 500 words to the page), the charge should be at the rate of 20 cents per page.

(e) These rates are applicable whether original or carbon copies are furnished.† (R.S. 161; U.S.C. 22)

1.1533 Examination or copies of official records. (a) Records of the Department of Agriculture which (1) contain information obtained or received confidentially, or (2) relate to pending cases or decisions, or deal with studies or investigations by the Department of Agriculture or its collaborators, where the disclosure of the information contained would be adverse to public interest, will not be subject to public examination, nor shall copies thereof be furnished upon any request except those from Federal official sources. All other records of the Department, however, shall be subject to examination by persons having a legitimate interest therein and copies thereof will be furnished in accordance with the Regulations of the Department of Agriculture.

(b) If desired for use otherwise than on behalf of the United States, the copy of a record which has not been published for the information of the public shall not be furnished unless the person requesting the same shall state in writing the purpose for which it is to be used or unless a rule of court be obtained. Whenever there is doubt on the part of an administrative officer as to whether circumstances or conditions make it necessary for the Department in the interest of the public service to decline to furnish the copy, the solicitor, upon application to him, shall advise the chief of the branch of the Department having custody of the record as to the appropriate action to be taken thereon. When there is no doubt, such chief shall cause a correct copy to be prepared and send it to the Office of the Secretary for authentication.(R.S. 161; 5 U.S.C. 22)

CONDUCT OF EMPLOYEES

1.1546 Indebtedness. The Department of Agriculture will take no cognizance of a debt complaint against an employee, so far as the complaint is concerned, beyond acknowledging the receipt of the

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†For source citation, see note to § 1.1331.

complainant's communication. Persons claiming to be creditors or collectors of debts or claims will be denied access to employees for the purpose of presenting or collecting claims during the hours set apart for the transaction of public business or while the employees concerned are on duty.t (R.S. 161; U.S.C. 22)

MISCELLANEOUS

1.1577 Contributions; peddling. (a) No circulation of subscription lists, or other methods of collecting contributions from employees of the Department of Agriculture for outside organizations will be permitted. Welfare organizations of the Department itself must secure approval in Washington, D. C. of the chief of the division of operation, and at field stations or offices, of the head of the station or office, before undertaking the collection of contributions.

(b) Peddling, canvassing, and selling tickets are prohibited in all buildings of the Department of Agriculture. Employees in charge of rooms will see that this section is strictly enforced. In Washington, D. C., cases should be reported immediately to the chief of the division of operation of the Department and at field offices or stations the custodian of the building should be notified.† (R.S. 161; 5 U.S.C. 22)

1.1578 Analyses for private parties prohibited. Unless otherwise provided for by law, the Department of Agriculture will make no examinations, tests, or analyses of waters, soils, fertilizers, foods, drugs, insecticides, proprietary articles or material, or other miscellaneous products for private parties.† (R.S. 161; 5 U.S.C. 22)

1.1579 Former employees acting as agents or attorneys. (a) No former officer or employee of the Department of Agriculture shall, within two years after the termination of his employment, be permitted to practice or appear, or to act as an attorney or agent, in any case, claim, contest, or other proceeding before the Department of Agriculture, or before any office, bureau, or agency thereof.

(b) This section shall not be construed to prevent any former officer or employee of the Department of Agriculture from appearing as a witness in any hearing, investigation, or other proceeding before the Department.t (R.S. 161; 5 U.S.C. 22)

PERSONNEL

1.2117 Preference to honorably discharged soldiers, sailors, and marines, and their widows and wives. (a) Persons honorably discharged from the military or naval service by reason of disability resulting from wounds or sickness incurred in the line of duty, shall be preferred for appointments to civil offices, provided they are found to possess the business capacity necessary for the proper discharge of the duties of such offices.

(b) In making appointments to clerical and other positions in the executive branch of the Government in the District of Columbia, or elsewhere, preference shall be given to honorably discharged soldiers, sailors, and marines, and widows of such and to the wives of injured soldiers, sailors and marines, who themselves are not qualified but

tFor source citation, see note to § 1.1331.

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whose wives are qualified to hold such positions.† (R.S. 1754, sec. 1, 41 Stat. 37, sec. 3, 46 Stat. 21, sec. 5, 40 Ŝtat. 956; 5 U.S.C. 35, 36)

1.2922 Distribution and use of reports. Reports of personnel and other confidential investigations, and supporting documents, shall not be furnished to persons outside the Department of Agriculture except with the written permission of the Secretary.† (R.S. 161; 5 U.S.Č. 22)

BONDS AND CHECKS

1.3143 Performance bonds. Before any contract, for the construction, alteration, or repair of any public building or public work, in an amount in excess of $2,000, is awarded to any person, such person shall be required to furnish a performance bond, in an amount not less than 50% of the amount of the award, with a surety or sureties satisfactory to the officer making the award, and subject to the approval of the Section of Surety Bonds, Treasury Department in cases where a corporate surety is offered. Where individual sureties are accepted, there must be two sureties each of whom shall justify in a sum not less than the penalty of the bond. Where the amount of a construction contract is $2,000 or less, or for any amount under contracts for furnishing services, supplies, or equipment, it shall be discretionary with the procurement officer whether a performance bond shall be required, but this discretion must be exercised before advertising, and if a bond is to be required, that fact must_be_reflected in the specifications.† (Sec. 1, 49 Stat. 793; 40 U.S.C., Sup., 270a)

CROSS REFERENCE: For Treasury Department's list of acceptable corporate sureties on Federal bonds, see 31 CFR Part 226.

1.3144 Payment bonds. Before any contract, for the construction, alteration, or the repair of any public building or public work, in an amount in excess of $2,000 is awarded to any person, such person shall be required to furnish a payment bond, for the protection of all persons supplying labor and material in the prosecution of the work provided for in the contract, in an amount not less than 50% of the amount of the award, whenever the total amount payable by the terms of the contract shall be not more than $1,000,000, with a surety or sureties satisfactory to the officer making the award, and subject to the approval of the Section of Surety Bonds, Treasury Department, in cases where a corporate surety is offered. Where individual sureties are accepted, there must be two sureties each of whom shall justify in a sum not less than the penalty of the bond. Where the amount involved is $2,000 or less, it shall be discretionary with the procurement officer whether a payment bond shall be required, but this discretion must be exercised before advertising, and if a bond is to be required, that fact must be reflected in the specifications.† (Sec. 1, 49 Stat. 793; 40 U.S.C., Sup., 270a).

1.3151 Discounting. No discount charge is a proper expense of the Government and must be borne by the person cashing the check.† (R.S. 161; 5 U.S.C. 22)

1.3152 Duplicates. Duplicate checks cannot be issued when original checks are lost, stolen, or destroyed (except under special authorPage 6

For source citation, see note to § 1.1331.

ity) until thirty days have elapsed since the date of issuance of the original, the Treasury Department has been notified to stop payment, and a bond of indemnity has been furnished.† (R.S. 161; 5 U.S.C. 22)

1.3154 Endorsements. (a) Endorsement must be precisely the same as shown on the face of the check.

(b) Checks drawn payable on the endorsement of the legal representative of the person or corporation entitled, such as the appointed receiver, trustee in bankruptcy or liquidation, or administrator of the estate, should be delivered to such representative if he has been duly qualified, no prior necessity existing for specifically authorizing negotiation by such representative beyond the authority shown by his appointment and qualification. The first check negotiated by such representative should be accompanied by a short certificate of the order or decree of the court showing the appointment and qualification of the representative. No such requirement is made, however, in cases where checks are drawn on evidence submitted with a claim to the General Accounting Office, such as payments to deceased or incompetent persons.

(c) Endorsements by mark (x) must be witnessed by two persons, signing their names as witnesses and giving their postoffice addresses.† (R.S. 161; 5 U.S.C. 22)

CLAIMS

1.3163 Claims for private property damaged in connection with national forests. Reimbursement not exceeding $500 on any one claim may be made to owners of private property for damage or destruction caused by employees, without negligence, in connection with the protection, administration, or improvement of the national forests. (Sec. 2, 46 Stat. 387; 16 U.S.C. 574)

SALE OF PROPERTY

1.4422 Terms of sale. No surplus perishable products may be sold except for cash, i. e., currency, coin, postal or express money orders, cashier's checks, or certified check. Checks which are not certified may be accepted from purchasers of known responsibility.t (R.S. 161; 5 U.S.C. 22)

1.4423 Card index. Copies of the card index of agriculture and experiment station literature may be furnished to such institutions or individuals as may care to buy them and charged for at a price to cover the additional expense involved in the preparation of these copies.† (35 Stat. 264; 38 Stat. 1109; 5 U.S.C. 551)

1.4424 Official cotton standards. Practical forms of the official cotton standards of the United States may be furnished to any person, subject to the conditions of, and upon compliance with, the rules and regulations of the Secretary of Agriculture under the United States Cotton Futures Act and the United States Cotton Standards Act.t (Sec. 6, 42 Stat. 1518; 7 U.S.C. 56, 57)

CROSS REFERENCE: For regulations under the United States Cotton Futures Act and the United States Cotton Standards Act, see Parts 27, 28.

†For source citation, see note to § 1.1331.

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