Page images

(d) Such teaching, lecturing, or writo ing is not otherwise incompatible with the provisions of the regulations in this part. (31 F.R. 8628, June 18, 1966, as amended at 33 F.R. 12089, Aug. 27, 1968] 8 0.735–18 Activities of Department em

ployoes with relation to general or

specialized 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, regional, State, and local organizations of the National Grange, the American Farm

tu Federation, the Farmers' Union, the National Association of Soil Conservation Districts, the National Rural Electric Cooperative Association, the National 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 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 ofice space or contributions for salary or traveling expense from any such organization.

(6) Advocate that any particular general or 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.

(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 fled 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 FHA County Committee. men.

(2) Apply to specialized organizations of farmers such as cow testing associations and similar groups.

(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 Ofice of the Inspector General by the head of the agency in which the person violating any of these provisions is employed. $ 0.735–19 Indebtedness.

(a) Employees who fail to pay their just financial obligations in a timely and proper manner without adequate reason, will be subject to such disciplinary action as the head of the agency or his designee considers appropriate. For the purpose of this section, "just financial obligations” are those acknowledged by the employee or reduced to judgment by a court. A “proper and timely manner" means in a manner which the head of the agency or his designee determines does not, under the circumstances, reflect adversely the Department as his 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 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 nf & final administrative determination by a unit of the Federal, State or local government, he 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 designee shall determine whether the employee acknowledges the debt and call the provisions of his 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. $ 0.735–20 Political activity.

(a) A Federal employee other than an oficer exempted by 5 U.S.C. 7324(d) may not take an active part in political management or in a political campaign. He 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 may not do indirectly or through an agent, officer, or employee chosen by him or subject to his control. The Civil Service Commission exercises jurisdiction and investigates cases of alleged prohibited political activities by employees in the competitive service. The Department has comparable jurisdiction in cases affecting employees in the excepted service. Generally speaking, special Government employees are prohibited from engaging in the aforementioned activities only on those days when they are in a pay status. If in doubt of the propriety of a contemplated political activity consult your supervisor or refer the question with a full statement of facts to the Ofice of Personnel for advice.

(b) Allegations, of, or evidence relating to prohibited political activity, shall be reported to the Director of Personnel. (31 F.R. 8528, June 18, 1966, as amended at 33 FR. 953, Jan. 26, 1968] $ 0.735–21 Requirement to furnish in

formation. (a) Employees are required under $ 5.3 of Civil Service Rule V (5 CFR 5.3) to give the Civil Service Commission and its

authorized representatives all information and testimony in regard to matters arising under laws, rules, and regulations administered by the Commission.

(b) Employees are obligated to give information to authorized representatives of the Department when called upon if the inquiry relates to official matters and the information is obtained in the course of employment or as a result of relationships incident to such employment. Failure to respond to requests for information or to appear as a witness in an official proceeding may result in disciplinary penalty. $ 0.735-22 Safeguarding information.

(a) 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 Records Security Regulations, USDA.

(b) 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 & fixed time is punishable by fine and imprisonment.

(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 and as prescribed by Title 1, Chapter 9, Administrative Regulations, U.S. Department of Agriculture.

(d) The subject matter of public hearings with respect to the proposed issuance of an order, regulation or other administrative determination prior to issuance 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.

(e) Official mail shall be safeguarded from indiscriminate publication. It is prohibited to use or to quote in whole or in part any letters referred from the White House to this Department.

(f) Information concerning inven- have been specifically authorized by the tions and patent applications may be Secretary or another official to whom revealed only for official purposes. 'Em- such authority has been delegated. ployee inventors and employees who [31 F.R. 8528, June 18, 1966, as amended at handle or obtain information concerning 31 F.R. 9544, July 14, 1966; 33 F.R. 954, Jan. inventions of employee inventors or con

26, 1968] cerning any other inventions in which

$ 0.735-24 Financial interests. the Department may have an interest shall not reveal such information prior

(a) An employee may not have a dito the issuance of the patent.

rect or indirect financial interest that (g) The release of any list of names

conflicts substantially, or appears to conof employees of the Department for po

flict substantially, with his responsibililitical purposes or for purposes of com

ties and duties as a Federal employee. mercial solicitation is prohibited.

(b) An employee may not engage in, (h) It is prohibited to release lists of directly or indirectly, a financial transnames of farmers, businessmen, persons,

action relying upon information obtained organizations, or firms that may be avail

through his employment. able in the Department directly or indi

(c) This section does not preclude an rectly to any person, firm or association if

employee from having a financial insuch lists will be used for solicitation pur

terest or engaging in financial transacposes, or such lists directly or indirectly

tions to the same extent as a private provide information which customarily

citizen not employed by the Government would not be released to the public by

provided it is not prohibited by law, Exthe person from whom the Department

ecutive Order 11222, 5 CFR Part 735, or obtained it. Exceptions shall not be made

this part. unless authorized by the Director of In- 8 0.735–25 Miscellaneous provisions. formation, and it is clear that the public interest will be served and there will be

(a) Employees must observe designegligible public expense or interruption

nated duty hours and be punctual in of work. A request for a Department list

reporting for work and returning from must state the purpose for which the list

lunch periods. Tardiness can result in will be used. Lists of manufacturers,

employees being placed in a nonpay dealers, breeders, etc., should not be fur

status or in a charge against annual or nished so as to imply that the Depart

compensatory leave in multiples of 1 ment endorses certain firms to the pos

hour or remedial action. sible detriment of others, or that the lists

(b) Employees normally must obtain necessarily include all dealers of a cer

advance authorization for absence from tain line.

duty. Where absence from duty results

from illness or an emergency, employees [31 F.R. 8528, June 18, 1966, as amended at 33 F.R. 953, Jan. 26, 1968]

are required to notify their supervisor or

other appropriate person as soon $ 0.735-23 Use of vehicles.

possible. When an employee fails to (a) An employee who wilfully uses or properly notify his supervisor absence authorizes the use of a Government- may be charged as an un uthorized owned or leased passenger motor vehicle

absence. It also may result in remedial or aircraft for other than official pur


(c) Sick leave is to be used by emposes is subject to suspension for 30

ployees only when they are incapacidays or removal from office in accord

tated from duty because of sickness or ance with 31 U.S.C. 638a (c) (2).

injury, when they need to obtain medi(b) An employee who wilfully uses or

cal, dental, or optical examination or authorizes the use of a Government

treatment, when they are subject to owned or leased motor vehicle other than

quarantine imposed by local health aupassenger carrying for other than official thorities, or when they are required to purposes is subject to disciplinary action

give care to a member of their immediate up to and including removal.

family who has a contagious disease. (c) Employees shall not store Govern- (d) Agency officials have the authority ment-owned or leased motor vehicles in to transfer and reassign employees or near their private residences or use within their respective jurisdictions such vehicles for transportation between whenever necessary to meet operational their residences and places of employ- needs. Employees have an obligation to ment unless such storage or use shall the Department to accept transfers and


changes in assignment. Failure to ac

(j) An employee concerned in any way cept a transfer or reassignment may re- with the administration of acts regusuit in the separation of the employee. lating trading in commodities for future

(e) Any money, property, or other delivery, programs for the purchase or thing of value received by or coming sale of commodities, price support prointo custody of an employee in connec- grams, commodity loan programs, or tion with the discharge of his duties other programs which directly affect must be accounted for, deposited or market prices of agricultural commodiotherwise dispos of in accordance with ties shall not, directly indirectly, established procedures.

speculate in any agricultural commodity. (f) Personal property offered for sale (k) No employee of the Department by the Department may be purchased by shall participate directly or indirectly in employees only when the sale of such any transaction concerning the purchase property is based upon competitive bids, or sale of corporate stocks or bonds, provided that no purchase may be made, commodities, or other property for specueither directly or indirectly, by the em- lative purposes if such action might tend ployee who was formerly accountable for to interfere with the proper and imthe property, who formerly used the partial performance of his duties or bring property, or who was in any way con- discredit upon the Department. Emnected with its condemnation, declara- ployees are not prohibited by this paration as excess, or sale, except:

graph from making bona fide invest(1) Surplus perishable products may

ments. be sold to employees at the best price $ 0.735–26 Miscellaneous statutory proobtainable, in quantities not exceeding

visions. the needs of their immediate households. (2) Special clothing and other articles

The attention of each employee is diof personal equipment purchased for the

rected to the following statutory proexclusive use of and fitted to an individ

visions: ual employee may, when not otherwise

(a) House Concurrent Resolution 175, usable by the Department and in all re

85th Congress, 2d Session, 72 Stat. B12, spects surplus to the needs of the Gov

the “Code of Ethics for Government ernment, be sold to such employee at

Service." the best price obtainable in the event

(b) Chapter 11 of Title 18, United of his separation from the Service or

States Code, relating to bribery, graft, permanent assignment to duties not re

and conflicts of interest. quiring such clothing or equipment.

(c) The prohibition against lobbying (g) An employee shall not take any

with appropriated funds (18 U.S.C. 1913).

(d) The prohibitions against disaction which might prejudice the Gov

loyalty and striking (5 U.S.C. 7311, 18 ernment's interest in a criminal or civil

U.S.C. 1918). case.

(e) The prohibition against the em(h) Except as authorized by the Di

ployment of a member of a Communist rector of Personnel employees may not organization (50 U.S.C. 784). solicit, make collections or canvass for (f) The prohibitions against: the sale of any article or distribute (1) The disclosure of classified inliterature or advertising matter in any formation (18 U.S.C. 798, 50 U.S.C. 783); space occupied by the Department. Em- and ployees may not solicit money nor sell (2) The disclosure of confidential intickets to persons outside the Govern- formation (18 U.S.C. 1905). ment for the benefit of any organization (g) The provision relating to the of the Department of Agriculture. No habitual use of intoxicants to excess (5 publication of any such organization U.S.C. 7352). shall contain any commercial advertis- (h) The prohibition against the mising whatsoever and the cost of such pub- use of a Government vehicle (31 U.S.C. lications must be fully paid by the or

638a). ganization or association.

(i) The prohibition against the misuse (i) An employee shall not at any time of the franking privilege (18 U.S.C. 1719). conduct himself in a manner that might (j) The prohibition against the use of cause embarrassment to or criticism of deceit in an examination or personnel the Department or interfere with the ef- action in connection with Government ficient performance of his duties.

employment (18 U.S.C. 1917).


(k) The prohibition against fraud or property or security to influence action false statements in a Government matter in connection with agricultural loans (18 U.S.C. 1001).

(18 U.S.C. 1014). (1) The prohibition against mutilating (8) The wilfull disclosure of official inor destroying a public record (18 U.S.C. formation which might influence of af. 2071).

fect the market value of crops prior to (m) The prohibition against counter- authorized publication. An employee acfeiting and forging transportation re- quiring by reason of his employment, inquests (18 U.S.C. 508).

formation as to the market value of agri(n) The prohibitions against:

cultural crops, which information is (1) Embezzlement of Government required to be withheld, is prohibited money or property (18 U.S.C. 641); from speculating in such product (18

(2) Failing to account for public U.S.C. 1902). money (18 U.S.C. 643); and

(s) Limitations on the use or avall. (3) Embezzlement of the money or ability of information furnished in conproperty of another person in the pos- nection with marketing agreements and session of an employee by reason of his orders (7 U.S.C. 610(1)). employment (18 U.S.C. 654).

(t) The availability of information (0) The prohibition against unau- furnished in connection with marketthorized use of documents relating to ing agreements and orders, applicable to claims from or by the Government (18 marketing agreements for anti-hogU.S.C. 285).

cholera serum and hog-cholera virus is (p) The prohibition against pro- restricted (7 U.S.C. 855). scribed political activities—(5 U.S.C. (u) Information furnished in con7324), and 18 U.S.C. 602, 603, 607, and nection with collection of peanut statis608.

tics shall be used only for statistical (q) The provision relating to the de- purposes for which supplied. No publinial of right to petition Congress (5 cation shall be made where the data furU.S.C. 7102).

nished by any establishment can be iden(r) The prohibitions against:

tified (7 U.S.C. 955). (1) The publication of data and in- (v) Information with respect to indiformation obtained pursuant to the Com

vidual operations of processor, producer, modity Exchange Act which would dis- or laborer will not be made public in conclose the business transactions of any

nection with recommendations with reperson, trade secrets or customer names spect to producer-processor and pro(7 U.S.C. 12).

ducer-labor contracts (7 U.S.C. 1159). (2) The use of or revealing informa

(w) Information furnished in connection relative to formulas of products tion with the establishment and adjustacquired by the Secretary incident to the ment of farm marketing quotas shall be registration of economic poisons, with disclosed only as authorized by the Secintent to defraud (7 U.S.C. 135f(c)). retary for the purpose of suit or admin(3) The unauthorized release of in

istrative hearing (7 U.S.C. 1373(c)). formation, in the Packers and Stockyards

(x) Prohibitions against: Act (7 U.S.C. 222).

(1) A person licensed to inspect or (4) The release of information in an

grade grain, or employed by the Departemployee's possession concerning cotton

ment to carry out the provisions of the standards, estimates, tests, and analyses

Grain Standards Act being financially or unless authorized by the Secretary (7

otherwise interested in a grain elevator U.S.C. 472).

or employed by a grain elevator or ware(5) The release of information ac

house (7 U.S.C. 81).

(2) Persons administering the Sugar quired from parties to any marketing

Act of 1948, from investing or speculating agreement, and handlers subject to mar

in sugar or liquid sugar, contracts relatketing agreement orders, except as au

ing thereto, or stock or membership inthorized by the Secretary for the pur- terests of any association or corpo on poses of suit or administrative hearings engaged in sugar production (7 U.S.C. (7 U.S.C. 6080(2)).

1157). (6) The unauthorized prediction as to (3) Persons administering activities cotton prices in a governmental publi- concerned with cotton option contracts cation (12 U.S.C. 1141j(d)).

and commodity benefits as provided by (7) The making of false statements or the Agriculture Adjustment Act specureports, or wilfully overvaluing land, lating in agricultural commodities or

« PreviousContinue »