« PreviousContinue »
the United States), in any formal or informal appearance before, or with the intent to influence, make any communication on behalf of any other person; (i) to the United States, (ii) in connection with any particular Government matter involving a specific party, in which the United States is a party or has an interest and in which he or she participated personally and substantially as a Government employee (18 U.S.C. 207(a));
(6) He or she may not, within two years after his or her Government employment has ended, represent any other person (other than the United States), in any formal or informal appearance before, or with the intent to influence, make any communication on behalf of any other person; (i) to the United States, (ii) in connection with any particular Government matter involving a specific party, in which the United States is a party or has an interest and which was actually pending under his or her official responsibility within a period of one year prior to the termination of such responsibility (18 U.S.C. 207(b)(i));
(7) He or she may not, having been employed and as specified in 18 U.S.C. 207(d), as a high Government official, for two years after his or her Government employment has ended, aid, counsel, advise, consult, or assist in représenting any other person (other than the United States) by personal presence at any formal or informal appearance; (i) before the United States, (ii) in connection with any particular Government matter involving a specific party, (iii) in which he or she participated personally and substantially for the Government (18 U.S.C. 207(b)(ii));
(8) He or she may not, having been employed and as specified in 18 U.S.C. 207(d), as a high Government official (other than a special Government employee who serves for fewer than sixty days in a calendar year) for one year after his or her Government employment has ended, represent anyone (other than the United States) in any formal or informal appearance before, or with the intent to influence, make any communication on behalf of anyone to the department or agency in which he or she was employed, in connection with any particular Govern
ment matter, whether or not involving a specific party, which is pending before that department or agency or in which such department or agency has a direct and substantial interest (18 U.S.C 207(c)). The above prohibition shall not apply to communications representations made by a former employee
(i) Who is an elected official of a State or local government; or
(ii) Whose principal occupation is with
(A) An agency or instrumentality of a State or local government,
(B) An accredited institution of higher education, or
(C) A hospital or medical research organization when the representation or communication is made on behalf of such government, institution, hospital, or organization (18 U.S.C. 207(d)(2)).
(9) Except as permitted by paragraphs (b) and (c) of this section, he or she may not participate personally and substantially as a Government officer or employee, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in a judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which, to his or her knowledge, he or she, his or her spouse, minor child, partner, organization in which he or she is serving as officer, director, trustee, partner, or employee, or any person or organization with whom he or she is negotiating or has any arrangement concerning prospective employment, has a financial interest (18 U.S.C. 208(a)).
(b) The prohibition in paragraph (a)(7) of this section shall not apply if the employee first advises his or her agency head or the director of personnel of the nature and circumstances of the particular Government matter involved and makes full disclosure of the financial interest and receives in advance a written determination made by the agency head of the director of personnel that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the Government may expect from the employee. Authority to make such
written determinations may not be re other personnel administration prodelegated by the agency head or the di- ceedings in connection with those prorector of personnel.
ceedings; (c) Any holding in a widely held mu (2) Giving testimony under oath or tual fund or regulated investment com making statements required to be pany which does not specialize in a par made under penalty for perjury or conticular industry or commodity and as tempt; or to which the employee has no manage (3) Having a financial interest or enrial control or directorship, except gaging in financial transactions to the where otherwise prohibited by statute same extent as a private citizen not or regulation, are exempted from the employed by the Government, provided prohibition in paragraph (a)(7) and the it is not prohibited by law, Executive requirements of paragraph (b) of this Order 11222, 5 CFR part 735, this part, section as being too remote or too in or Agency regulations supplementing consequential to affect the integrity of
this part. an employee's services to the Govern (8) This section does not purport to ment.
paraphrase the restrictions contained (d) The following prohibitions apply
in 18 U.S.C., Chapter 11. The omission only to a regular employee:
of a restriction in no way relieves an (1) He or she may not, except in the
employee of the legal effect of such redischarge of his or her official duties,
striction. represent anyone else before a court or
[43 FR 43431, Sept. 26, 1978, as amended at 46 Government agency in a matter in FR 47209, Sept. 25, 1981) which the United States is a party or has an interest (18 U.S.C. 203 and 205);
80.735–16 Attendance and leave.
(a) Employees must observe des(2) He or she may not receive any sal ignated duty hours and be punctual in ary or supplementation of his or her
reporting for work and returning from Government salary, from a private lunch periods. Tardiness can result in source as compensation for his or her employees being placed in a nonpay services to the Government (18 U.S.C. status or in a charge against annual or 209).
compensatory leave in multiples of 15 (e) The following prohibitions apply minutes or 1 hour as appropriate, and only to a special Government em or subject to disciplinary action. ployee:
(b) Employees normally must obtain (1) He or she may not, except in the advance authorization for absence from discharge of his or her official duties, duty. Approval of leave is a discrerepresent anyone else before a court or tionary matter reserved to the superGovernment agency in a matter in visor. The taking of leave is not an abwhich the United States is a party or solute right afforded the employee but has an interest and in which he or she is conditioned on the needs of the Seryhas at any time participated personally ice. Where absence from duty results and substantially for the Government from illness or an emergency, employ(18 U.S.C. 203 and 205); or
ees are required to notify their super(2) He or she may not, except in the visor or other appropriate person as discharge of his or her official duties soon as possible. When an employee represent anyone else in a matter pend fails to properly notify his or her suing before the Government agency he pervisor, absence may be charged as an or she serves unless he or she has unauthorized absence. It also may reserved there no more than 60 days dur sult in appropriate disciplinary action. ing the past 365 days (18 U.S.C. 203 and (c) Sick leave is to be used by em205).
ployees only when they are incapaci(1) This section does not preclude an tated from duty because of sickness or employee from:
injury, when they need to obtain medi(1) Acting without compensation, and cal, dental, or optical examination or if not inconsistent with the faithful treatment, when they are subject to performance of his or her duties, as quarantine imposed by local health auagent or attorney for any person who is thorities, or when they are required to the subject of disciplinary, loyalty, or give care to a member of their imme
diate family who has a contagious disease.
$0.735–16. Use of Government property, facilities, and services.
(a) Employees are prohibited from directly or indirectly using, or allowing the use of, Government property, facilities, or services of any kind, including those leased to or otherwise paid for by the Government, for other than officially approved activities. Employees have a positive duty to conserve and protect Government property.
(b) Personal property offered for sale by the Department may be purchased by employees only when the sale of such property is based upon competitive bids: Provided, That no purchase may be made, either directly or indirectly, by the employee who was formerly accountable for the property, who formerly used the property, or who was in any way connected with its condemnation, declaration as excess, or Sale, except:
(1) Surplus perishable products may be sold to employees at the best price obtainable in quantities not exceeding the needs of their immediate household;
(2) Special clothing and other articles or personal equipment purchased for the exclusive use of and fitted to an individual employee may, when not otherwise usable by the Department and in all respects surplus to the needs of the Government, be sold to such employees at the best price obtainable in the event of his or her separation from the Service or permanent assignment to duties not requiring such clothing or equipment.
(c) An employee shall not store Government-owned or leased motor vehicles in or near his or her private residence or use such vehicles for transportation between his or her residence and place of employment unless such storage or use shall have been specifically authorized by the Secretary or another official to whom such authority has been delegated.
(a) Employees who fail to pay their just financial obligations in a timely and proper manner will be subject to such disciplinary action as the agency head or his or her designee considers appropriate. For the purpose of this section, “just financial obligations” are those acknowledged by the employee, reduced to judgment by a Court, or confirmed by a final administrative determination of a unit of the Federal, State, or local government. A “proper and timely manner” means in a manner which the agency head or his or her designee determines does not, under the circumstances, reflect adversely on the Department as his or her employer.
(b) In cases where a legal judgment exists against the employee, the employee concerned will be required to Satisfy the judgment within a reasonable period of time unless he or she can arrange to have it modified or set aside.
(c) When an employee is the subject of a complaint for failure to pay taxes or other debts that are the subject of a final administrative determination by a unit of the Federal, State, or local government, he or she shall be advised of the complaint and told to make payment arrangements satisfactory with that unit of government.
(d) When an employee is the subject of a letter of complaint from a creditor who does not hold a legal judgment, the agency head or his or her designee shall determine whether the employee acknowledges the debt and call the provisions of this section to the employee's attention. Subsequent action, if any, will be taken in accord with the facts of the case and the provisions of this section.
$0.735-19 Political activity.
A Federal employee other than an officer exempted by 5 U.S.C. 7324(d) may not take an active part in political management or in a political campaign or run for elective political office except when authorized by Department or Civil Service Commission regulations. He or she may not solicit or receive any assessment, subscription, or contribution for any political purpose from an officer or employee of the Government. Whatever the employee may not do directly, he or she may not do indirectly or through an agent, officer, or employee chosen by him or her or Subject to his or her control.
$0.735-20 Use, protection, and release of information. (a) An employee is prohibited from using or giving information acquired through his or her official position, prior to its release to the general public, to advance the interests of himself or herself, his or her family, associates, or friends, or any other person or enterprise. (b) Classified defense information and restricted information shall be safeguarded and released in accordance with the provisions of applicable directives, statutes, or regulations. For further information consult the USDA Regulations for Classification, Declassification, and Safeguarding Classified Information. (c) “For Official Use Only” material shall not be examined by, released to, nor discussed with any person except in the performance of official duties or as required by the Freedom of Information Act. (d) Unauthorized, premature disclosure of information which might influence or affect the market value of any product of the soil grown within the United States, or of information which by law or rule of the Department is required to be withheld from publication until a fixed time is punishable by fine and imprisonment unless such release is determined to be required by the Freedom of Information Act. (e) The subject matter of public hearings with respect to the proposed issuance of an order, regulation, or other administrative determination, after the close of the hearing and prior to is
suance by the Secretary of the order, regulation, or other administrative determination shall not be discussed with any interested person or with any representative of an interested person without written permission of the Secretary. However, this shall not preclude an employee who has been assigned to or has supervision over a proceeding from discussing with interested persons or their representatives matters of procedure in connection with such proceeding. (f) Official mail shall be safeguarded from indiscriminate publication. It is prohibited to use or to quote in whole or in part any letters from the White House to this Department. (g) Information concerning inventions and patent applications may be revealed only for official purposes. Employee inventors and employees who handle or obtain information concerning inventions of employee inventors or concerning any other inventions in which the Department may have an interest shall not reveal such information prior to the issuance of the patent, except for official purposes, unless such release is determined to be required by the Freedom of Information Act. (h) Lists of names of farmers, business people, or employees that may be available in the Department shall not be released to anyone unless it is determined that such release is required by the Freedom of Information Act. Lists of manufacturers, dealers, breeders, etc., should not be furnished so as to imply that the Department endorses certain firms to the possible detriment of others, or that the lists necessarily include all dealers of a certain line.
$0.735–21 Activities with regard to farm organizations.
(a) Department employees shall refrain from participating actively in meetings and in other activities concerned with the establishment of general or specialized farm organizations, or with recruiting members for existing organizations such as the National Grange, the American Farm Bureau Federation, the National Farmers Organization, the Farmers' Union, the National Association of Soil Conservation Districts, the National Rural Electric Cooperative Association, the Na
tional Council of Farmer Cooperatives and Breed and Commodity Organizations. This is a necessary corollary of the equally long-established policy of the Department that it shall deal fairly with all organizations and deal with each upon the same basis. As a continuation of this policy, it should be understood by employees of the Department that it is not permissible for any of them to:
(1) Participate in establishing any general or specialized farm organization;
(2) Act as organizer for any such organization, or hold any other functional office therein;
(3) Act as financial or business agent for any such organization;
(4) Participate in any way in any membership campaign or other activity designed to recruit members for any such organization;
(5) Accept the use of free office space or contributions for salary or traveling expense from any such organization;
(6) Advocate that any particular general specialized organization of farmers is better adapted for carrying out the work of this Department than any individual citizen, group of citizens, or organizations;
(7) Advocate that the responsibilities of any Agency of this Department or any other Federal agency should be carried out through any particular general or specialized organization of farmers;
(8) Advocate or recommend that any State or local agency should carry out its responsibilities through any particular general or specialized organization of farmers; or
(9) Approve contracts for the Department with any cooperative or other commercial organization whenever such cooperative or other commercial organization deducts or checks off from payments due farmers, membership dues of such farmers to any general or specialized organization of farmers, except as it is determined that current authorization for such deduction has been knowingly filed by such individual farmers with the cooperative or other commercial organization.
(b) The restrictions set forth in paragraph (a) of this section do not:
(1) Apply to members of an FmHA County Committee;
(2) Apply to specialized organizations of farmers such as cow testing associations and similar groups; or
(3) Prohibit employees from participating in the organization of groups that are needed in carrying out federally authorized programs, for example, an REA cooperative and similar groups determined by the appropriate Agency Head to be essential in effectuating federally authorized programs.
(c) If any violations of any of the provisions of this section should occur, full information with reference thereto should at once be submitted to the Office of the Inspector General by the Head of the Agency in which the person violating any of these provisions is employed. [43 FR 43431, Sept. 26, 1978, as amended at 46 FR 22559, Apr. 20, 1981)
80.735-22 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 or she is assigned;
(b) Receive a “profit” from the sale of his or her personal car or other property when such “profit” accrues from import privileges granted him or her by reason of his or her official status. “Profit” for the purposes of this paragraph is as defined in the 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 or she is assigned;
(e) Have an interest in any business enterprise or engage in any profession in any country to which assigned; or
(f) Speculate in any foreign real estate, bonds, shares, stocks, and currencies.
$0.735-23 Miscellaneous provisions.
(a) Any money, property, or other thing of value received by or coming into custody of an employee in connection with the discharge of his or her duties must be accounted for, deposited or otherwise disposed of in accordance with established procedures.