(5) Provoking or harassing other employees, or making unwarranted criticism or accusations against other employees;

(6) 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 all or part of the conversation, unless such monitoring or recording is agreed to in advance by all participants in the conversation;

(7) Utilizing a mechanical or electronic device to monitor or record nontelephone conversations, unless such monitoring or recording is agreed to in advance by all participants in the conversation;

(8) Soliciting, making collections, canvassing for the sale of any article, or distributing or posting literature, advertising matter, or any other graphic matter, in any space occupied by the Department, except as authorized in writing by the Director of Personnel;

(9) Soliciting money from, or selling tickets to, persons outside the Government for the benefit of any organization of the Department;

(10) Taking any action which might prejudice the Government's interest in a criminal or civil case;

(11) Giving aid or assistance, other than in the discharge of official duties, to any claimant in prosecuting any claim against the United States;

(12) Distributing through the Department's mail and messenger service, or otherwise distributing or posting, in any space occupied by the Department, any circulars, flyers, announcements, pictures, or other graphic matter, etc., that:

(i) Directly or indirectly attack or adversely reflect on the integrity of any official, officer or employee of any branch of the Government; or

(ii) Directly or indirectly condemn or criticize the policies of any Government department or agency. § 0.735-12

favors.

Gifts, entertainment, and

(a) Except as provided in paragraphs (b) and (e) of this section, an employee shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan, unusual discount, 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 the Department;

(2) Conducts operations or activities that are regulated by the Department; or (3) Has interests that may be substantially affected by the performance or nonperformance of his duty.

(b) The restrictions in paragraph (a) of this section do not prohibit:

(1) Acceptance of any of the usual courtesies in an obvious family or personal relationship (such as those between the employee and his parents, spouse, children, or close personal friends) 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; and

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

(c) An employee shall not solicit a contribution from another employee for a gift to an official superior, make a donation as a gift to an official superior, or accept a gift from an employee receiving less pay than himself (5 U.S.C. 7351). However, this paragraph does not prohibit the voluntary giving or acceptance of a gift of nominal value or donation in a nominal amount made on a special occasion such as marriage, illness, or retirement.

(d) An employee shall not accept a gift, present, decoration, or other thing from a foreign government unless authorized by Congress as provided in 5 U.S.C. 7342.

(e) Neither this section nor § 0.73513(a) 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 inade on his behalf, for excessive personal living expenses, gifts, entertainment or other personal benefits, nor does it allow an em

(a) An employee shall not engage in any outside employment or other outside activity not compatible with the full and proper discharge of the duties and responsibilities of his Government employment, whether on his own behalf, or for private individuals, firms, companies, institutions, or State or local governments. Incompatible activities include but are not limited to:

(1) Outside employment or activity which may result in, or create the appearance of, a conflict of interests;

(2) Outside employment or activities which tend to impair an employee's physical or mental capacity to perform his Government duties in an acceptable manner, or prevent him from rendering full-time service to the Government;

(3) Outside work or activity which may be construed by the public to be official acts of the Department, or of a nature closely paralleling the work of the Department;

(4) Outside work or activity which involves participation in a commercially sponsored broadcast, or which relates to a written discussion of policies or official work of the Department, unless authorized in advance by the Office of Information;

(5) Outside work or activity which involves permission, or the appearance of permission, to use an employee's name in the advertising of organizations commercializing the results of research conducted by the Department, regardless of any merits which such enterprises may appear to possess.

(6) Outside work or activity which may involve the use of information secured as the result of employment in the Department and to the detriment of the public service; and

(7) Any outside work or activity which may tend to bring criticism on, or cause embarrassment to, the Department.

(b) 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).

(c) No employee, whether in a duty or nonduty status, shall accept employment, with or without compensation, from any foreign government, corporation, partnership, or individual without written prior approval from his Agency Head.

(d) It is the policy of the Department to grant permission to an employee 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, provided:

(1) Prior written authorization is obtained from the Agency Head;

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

(3) Such teaching, 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 in the public interest; and

(4) Such teaching, lecturing, or writing is not otherwise incompatible with the provisions of this part.

(e) Articles prepared officially are the property of the Government, and authors thereof may not accept payment for such articles published in outside journals, magazines, or newspapers.

(f) Employees may not accept honoraria for addresses on radio or television or other appearances performed as part of their official duties.

(g) No employee, except a special Government employee, shall accept compensation for services as consultant or advisor to any organization, 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.

(a) The following prohibitions apply to both a regular employee and a special Government employee:

(1) He may not have a direct or indirect financial interest that conflicts substantially, or appears to conflict substantially, with his responsibilities and duties as a Federal employee.

(2) He may not engage in, directly or indirectly, a financial transaction relying upon information obtained through his employment.

(3) He may not participate directly or indirectly in any transaction concerning the purchase or sale of corporate stocks or bonds, commodities, or other property for speculative purposes if such action might tend to interfere with the proper and impartial performance of his duties or bring discredit upon the Department.

(4) If he is concerned in any way with the administration of acts regulating trading in commodities for future delivery, programs for the purchase or sale of commodities, price support programs, commodity loan programs, or other programs which directly affect market prices of agricultural commodities, he may not directly or indirectly speculate in any agricultural commodity.

(5) He may not, after his Government employment has ended, represent anyone other than the United States in connection with a matter in which the United States is a party or has an interest and in which he participated personally and substantially for the Government (18 U.S.C. 207(a)).

(6) He may not, for 1 year after his Government employment has ended, represent anyone other than the United States in connection with a matter in which the United States is a party or has an interest and which was within the boundaries of his official responsibility during the last year of his Government service (18 U.S.C. 207(b)).

(7) Except as permitted by paragraphs (b) and (c) of this section, he 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 knowl

edge, he, his spouse, minor child, partner, organization in which he is serving as officer, director, trustee, partner, or employee, or any person or oganization with whom he 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 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 or 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 redelegated by the Agency Head or the Director of Personnel.

(c) The following types of interests, except where otherwise prohibited by statute or regulation, are exempted from the prohibition in paragraph (a) (7) and the requirements of paragraph (b) of this section as being too remote or too inconsequential to affect the integrity of an employee's services to the Government:

(1) Any holding in a widely held mutual fund or regulated investment company which does not specialize in a particular industry or commodity and as to which the employee has no managerial control or directorship.

(2) Ownership of shares of common or preferred stock, corporate bonds, or other corporate securities, if the aggregate value of the holdings in any single corporation or enterprise is less than $5,000 and is less than 1 percent of the value of the outstanding stock, bonds, or other securities of that corporation or enterprise, and as to which the employee has no managerial control or directorship.

(d) The following prohibitions apply only to a regular employee:

(1) He may not, except in the discharge of his official duties, represent anyone else before a court or Government agency in a matter in which the United States is a party or has an interest (18 U.S.C. 203 and 205).

(2) He may not receive any salary, or supplementation of his Government sal

ary, from a private source as compensation for his services to the Government (18 U.S.C. 209).

(e) The following prohibitions apply only to a special Government employee:

(1) He may not, except in the discharge of his official duties, represent anyone else before a court or Government agency in a matter in which the United States is a party or has an interest and in which he has at any time participated personally and substantially for the Government (18 U.S.C. 203 and 205).

(2) He may not, except in the discharge of his official duties, represent anyone else in a matter pending before the Government agency he serves unless he has served there no more than 60 days during the past 365 days (18 U.S.C. 203 and 205).

(f) This section does not preclude an employee from:

(1) Acting without compensation, and if not inconsistent with the faithful performance of his duties, as agent or attorney for any person who is the subject of disciplinary, loyalty, or other personnel administration proceedings in connection with those proceedings;

(2) Giving testimony under oath or making statements required to be made under penalty for perjury or contempt;

are required to notify their supervisor or other appropriate person as soon as possible. When an employee fails to properly notify his supervisor absence may be charged as an unauthorized absence. It also may result in remedial action.

(c) Sick leave is to be used by employees only when they are incapacitated from duty because of sickness or injury, when they need to obtain medical, dental, or optical examination or treatment, when they are subject to quarantine imposed by local health authorities, or when they are required to give care to a member of their immediate 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 households.

(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 employee at the best price obtainable in the event of his separation from the Service or permanent assignment to duties not requiring such clothing or equipment.

§ 0.735-17 Use of vehicles.

(a) An employee who wilfully uses or authorizes the use of a Governmentowned or leased passenger motor vehicle or aircraft for other than official purposes shall be suspended for 1 month

or removed from office in accordance with 31 U.S.C. 638a (c) (2).

(b) An employee who wilfully uses or authorizes the use of a Governmentowned or leased motor vehicle other than passenger carrying for other than official purposes, is subject to disciplinary action up to and including removal.

(c) An employee shall not store Government-owned or leased motor vehicles in or near his private residence or use such vehicles for transportation between his 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.

§ 0.735-18 Indebtedness.

(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 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 designee determines does not, under the circumstances, reflect adversely on 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 of a 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 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.

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. 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.

§ 0.735-20 Use, protection, and release of information.

(a) An employee is prohibited from using or giving information acquired through his official position, prior to its release to the general public, to advance the interests of himself, his 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 Records Security Regulations.

(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) 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.

(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 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