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the Secretary of


Part 0 1 la 1b 1c ld


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145 271

3 4 5 6 7

Employee responsibilities and conduct
Administrative regulations
Law enforcement authorities
National Environmental Policy Act ....
Protection of human subjects
Rural labor-Immigration Reform and Control Act

of 1986 definitions .....
Determination of the shortage number under sec-

tion 210A of the Immigration and Nationality

Act ....
Delegations of authority by the Secretary of Agri-

culture and general officers of the Department
Debt management
Determination of parity prices
Import quotas and fees .....
Selection and functions of Agricultural Stabiliza-

tion and Conservation State, county and commu

nity committees .........
4-H Club name and emblem ........
Award of fellowships to applicants from other

American republics
Classification, declassification, and safeguarding

of classified information
National Appeals Division rules of procedure (eff.

1–16–96) ....
Highly erodible land and wetland conservation
Determining the primary purpose of certain pay-

ments for Federal tax purposes.

287 291

318 331

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342 351


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370 373



Part 15a





443 449

16 17



Education programs or activities receiving or ben

efitting from Federal financial assistance Nondiscrimination on the basis of handicap in pro

grams and activities receiving Federal financial

Enforcement of nondiscrimination on the basis of

handicap in programs or activities conducted by

the United States Department of Agriculture .....
Limitation on imports of meat .....
Sales of agricultural commodities made available

under Title 1 of the Agricultural Trade Develop

ment and Assistance Act of 1954, as amended
Equal employment opportunity in the State Coop-

erative Extension Services ......
Licensing Department inventions .......
Export sales reporting requirements
Uniform relocation assistance and real property

acquisition for Federal and federally assisted

Rural development coordination
State and regional annual plans of work
Board of Contract Appeals, Department of Agri-

culture ....
Rural empowerment zones and enterprise commu-

Determination of world market price for certain


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516 518 523

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Subpart A-General Provisions

Sec. 0.735–1 Purpose. 0.735-2 Definitions. 0.735-3 Counseling and advisory service. 0.735 4 Agency supplementation. 0.7355 Remedial action. 0.735–6 Responsibilities of supervisors.

0.735-53 Initiation of administrative action. 0.735–54 Hearing officer. 0.735-55 Department representative. 0.735–56 Time, date and place of hearing. 0.735–57 Representation. 0.735-58 Rights of parties at hearing. 0.735-59 Oaths and rules of evidence. 0.73560 Transcript. 0.735 61 Briefs and discovery. 0.735-62 Open hearing. 0.735-63 Ex-parte communications. 0.73564 Administrative record. 0.735 65 Burden of proof. 0.735 66 Initial decision. 0.735 67 Appeal. 0.735 68 Final decision. 0.735 69 Sanctions. 0.735–70 Finality.

AUTHORITY: E.O. 11222, 30 FR 6469, 3 CFR, 1965 Comp., page 306; 5 CFR 735.104; 18 U.S.C. 207(3), unless otherwise noted.

SOURCE: 43 FR 43431, Sept. 26, 1978, unless otherwise noted.

Subpart B-Conduct and Responsibilities of


0.735-11 Prohibited conduct_general. 0.735–12 Gifts, gratuities, entertainment,

and favors. 0.735–13 Outside employment and activities. 0.735-14 Conflict of interest. 0.735–15 Attendance and leave. 0.735–16 Use of Government property, facili

ties, and services. 0.735-17 Use of vehicles. 0.735-18 Indebtedness. 0.735-19 Political activity. 0.735–20 Use, protection, and release of in

formation. 0.735-21 Activities with regard to farm orga

nizations. 0.735–22 Prohibitions upon employees serv

ing abroad. 0.735-23 Miscellaneous provisions. 0.735-24 Miscellaneous statutory provisions.

Subpart A-General Provisions

Subpart C-Statements of Employment

and Financial Interests

0.735-31 Employees required to submit

statements under the Executive order. 0.735 32 Exceptions. 0.735-33 Identification of employees re

quired to submit statements. 0.735 34 Time and place for submission of

employees' statements. 0.735-35 Supplementary statements. 0.735–36 Types of interests to be reported. 0.735-37 Information prohibited. 0.735-38 Interests of employee's relatives. 0.73539 Information not known by em

ployee. 0.735 40 Effect of employee's statement. 0.735-41 Specific provisions for special Gov

ernment employees. 0.735 42 Review of statements and deter

mination of conflicting interests. 0.735-43 Protection of employees' state

ments. 0.735-44 Financial disclosure under the Eth

ics in Government Act.

80.735-1 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 through informed judgment is indispensable to the maintenance of these standards. To accord with these concepts, this part sets forth the regulations for employees of the U.S. Department of Agriculture, prescribing standards of conduct and responsibilities and governing the reporting of employment and financial interests.

Subpart D-Administrative Enforcement of

Restriction on Post-Employment Activities 0.735-51 Purpose. 0.735-52 Notice of violation.

$ 0.735–2 Definitions.

In this part:

(a) Agency means an independent subagency or departmental staff office of the U.S. Department of Agriculture.

(b) Agency Head means the Administrator or Chief Executive Officer of an

independent subagency

subagency or depart- 80.735-3. Counseling and advisory mental staff office.

service. (c) Conflict-of-interest means a situa- (a) The General Counsel shall destion in which a Federal employee's pri

ignate an employee of the Office of the vate interest, usually of an economic

General Counsel to serve as the Departnature, conflicts with his or her Gov- ment Counselor and designee to the ernment duties and responsibilities. Civil Service Commission on matters

(d) Appearance of conflict-of-interest covered by the regulations in this part. means a situation where it could rea- Employees shall be notified semiannusonably be concluded that an employ- ally of the name and title of the Deee's private interest is in conflict with partment Counselor and also upon the his or her Government duties and re- designation of a new employee to that sponsibilities, even though there may position. The Department Counselor not actually be such a conflict.

shall have overall responsibility for co(e) Employee means a regular officer ordination of the Department's counor employee of the Department of Agri- seling and advisory service, and for asculture including excepted and WOC suring advice and interpretations on employees and includes a special Gov- questions of conflict or apparent conernment employee unless otherwise flicts-of-interest and other matters provided.

covered by the regulations in this part (f) Special Government employee means are available to Deputy Counselors and an officer or employee of the Depart- Assistant Deputy Counselors hereinment of Agriculture who is retained, after designated. designated, appointed, or employed to (b) The Director of Personnel and the perform temporary duties either on a Chief, Security and Employee Relafull-time or intermittent basis, with or tions Division, Office of Personnel, without compensation, for not to ex- shall be Department Deputy Counceed 130 days during any period of 365 selors. consecutive days.

(c) Agency Heads will be Agency Dep(g) Supervisor means an employee uty Counselors. If necessary, in order having authority, in the interest of an to assure that counseling and advisory Agency, to hire, transfer, suspend, lay service is available to all Washington off, recall, promote, discharge, assign, and field employees, the Agency Head reward, or discipline other employees may designate as Agency Assistant or responsibility to direct them, or to Deputy Counselors such employees as adjust their grievance, or effectively are qualified and in a position to give recommend such action, if in connec- authoritative advice and guidance on tion with the foregoing the exercise of most matters covered by this part. authority is not of a merely routine or (d) All employees are to be notified of clerical nature, but requires the use of the availability of counseling and by independent judgment.

whom this service is provided. Initial (h) Outside employment or activity notification must be made within 90 means any outside work, service, or ac- days after issuance of this part, and tivity performed by an employee other perodically thereafter. A new employee than in the performance of official du- or new special Government employee ties. It includes but is not limited to must be notified at or before the time such activities as writing, editing, pub- of his or her entrance on duty. lishing, teaching, lecturing, consulting (e) Each new employee shall be furservices, self-employment, working for nished at the time of hiring a copy of another employer, management or op- this part. Current employees shall be eration of a private business, person- furnished a copy of these regulations ally owned business, partnership, cor- within 90 days following issuance. Subporation, or any work perfomed with or sequent changes to these regulations without compensation.

will be furnished employees upon issu(i) Members of family means those ance. Each employee shall be reminded blood and in-law relations who are resi- of the regulations in this part semidents of the employee's household. annually.

(j) The Executive order means Execu- (f) The regulations in this part will tive Order 11222 of May 8, 1965.

be discussed with each employee annu

ally in conjunction with the employee's performance evaluation. Each employee will certify on the performance evaluation form or other Agency form that he or she has a copy of this part and has discussed it with his or her supervisor.

(g) In addition to the counseling service set forth in paragraphs (a) through (f) of this section, 5 CFR 738 prescribes the naming of a Designated Agency Ethics Official (DAEO) to administer Title II of the Ethics in Government Act of 1978, to coordinate and manage the agency's ethics program, and to provide liaison with the Office of Government Ethics with regard to all aspects of the Ethics program. The Director of Personnel has been designated by the Secretary of Agriculture to serve as DAEO for USDA. The responsibilities and duties of the DAEO can be found in 5 CFR 738.203. (5 U.S.C. 301; Title II of Pub. L. 95–521, 92 Stat. 1836, as amended, 5 U.S.C. app.; 5 CFR 738) [43 FR 43431, Sept. 26, 1978, as amended at 47 FR 10509, Mar. 11, 1982]

(4) Disciplinary action which may be in addition to any penalty prescribed by law.

(b) Remedial action, whether disciplinary or otherwise, shall be effected in accordance with any applicable laws, Executive Orders, and regulations. $0.735–6 Responsibilities of

supervisors. (a) Supervisors, because of their dayto-day relationships with employees, are responsible to a large degree for maintaining high standards of ethics and conduct. They must become familiar with the regulations in this part and apply the standards to themselves and employees they supervise.

(b) Supervisors shall advise an employee who comes to them with questions on matters covered by these regulations, or when they consider it appropriate, refer the employee or the questions to a counselor designated in $0.735–3.

80.795-4 Agency supplementation.

Agencies of the Department may issue such additional regulations as are necessary, consistent, and of necessity more restrictive than the regulations in this part, subject to the prior approval of the Director of Personnel. Agencies are expected to issue such supplemental regulations, with respect to employees assigned to particular programs, as are necessary to prevent such employees from being in a potential conflict-of-interest situation or a situation giving the appearance of a conflict-of-interest. Such Agency regulations shall be furnished to employees in the same manner as the regulations in this part. $0.735–5 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 a conflicting interest;

(3) Disqualification for a particular assignment; or

Subpart B-Conduct and Responsibilities of Employees 80.735–11 Prohibited

conduct-general. (a) An employee 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 gain;

(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 Government.

(b) Employees are specifically prohibited from:

(1) Engaging in criminal, infamous, dishonest or notoriously disgraceful conduct, or other conduct prejudicial to the Government;

(2) Betting or participating in any gambling activity, including the operation of a gambling device, conducting a lottery or pool, or selling or buying a number slip or ticket, while on Govern

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