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.

(h) The release of any list of names of employees of the Department of political purposes or for purposes of commercial solicitation is prohibited.

(i) It is prohibited to release lists of names of farmers, businessmen, persons, organizations, or firms that may be available in the Department directly or indirectly to any person, firm or association if such lists will be used for solicitation purposes, or such lists directly or indirectly provide information which customarily would not be released to the public by the person from whom the Department obtained it. Exceptions shall not be made unless authorized by the Director of Information, and it is clear that the public interest will be served and there will be negligible public expense or interruption of work. A request for a Department list must state the purpose for which the list will be used. 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.

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 office 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 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 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 Office of the Inspector General by the head of the agency in which the person violating any of these provisions is employed. § 0.735-22 Prohibitions upon employees serving abroad.

An employee on foreign assignment may not:

(a) Violate Department of State regulations governing the post to which he is assigned.

(b) Receive a "profit" from the sale of his personal car or other property when such "profit" accrues from import privileges granted him by reason of his official status. "Profit" for the purposes of this paragraph is as defined in 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 is assigned.

(e) Have an interest in any business enterprise or engage in any profession in any country to which assigned.

(f) Speculate in 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 duties must be accounted for, deposited or otherwise disposed of in accordance with established procedures.

(b) 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.

(c) 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 re

(a) Each employee has a positive duty to acquaint himself with each statute that relates to his ethical and other conduct as an employee of his Agency, of the Department, and of the Government. The attention of each employee is directed to the following statutory provisions:

(1) House Concurrent Resolution 175, 85th Congress, second session, 72A Stat. B12, the "Code of Ethics for Government Service."

(2) Chapter 11 of title 18, United States Code, relating to bribery, graft, and conflicts of interest.

(3) The prohibition against lobbying with appropriated funds (18 U.S.C. 1913).

(4) The prohibitions against disloyalty and striking (Executive Order 10450, 5 U.S.C. 7311, 18 U.S.C. 1918).

(5) The prohibition against the employment of a member of a Communist organization (50 U.S.C. 784).

(6) The prohibitions against the disclosure of classified information (18 U.S.C. 798, 50 U.S.C. 783).

(7) The prohibition against the disclosure of confidential information (18 U.S.C. 1905).

(8) The provision relating to the habitual use of intoxicants to excess (5 U.S.C. 7352).

(9) The prohibition against the misuse of a Government vehicle (31 U.S.C. 638a).

(10) The prohibition against the misuse of the franking privilege (18 U.S.C. 1719).

(11) The prohibition against the use of deceit in an examination or personnel action in connection with Government employment (18 U.S.C. 1917).

(12) The prohibition against fraud or false statements in a Government matter (18 U.S.C. 1001).

(13) The prohibition against mutilating or destroying a public record (18 U.S.C. 2071).

(14) The prohibition against counterfeiting and forging transportation requests (18 U.S.C. 508).

(15) The prohibition against embezzlement of Government money or property (18 U.S.C. 641).

(16) The prohibition against embezzlement of the money or property of another person in the possession of an employee by reason of his employment (18 U.S.C. 654).

(17) The prohibition against failing to account for public money (18 U.S.C. 643).

(18) The prohibition against unauthorized use of documents relating to claims from or by the Government (18 U.S.C. 285).

(19) The prohibition against proscribed political activities (5 U.S.C. 7324, and 18 U.S.C. 602, 603, 607, and 608).

(20) The prohibition against an employee acting as an agent of a foreign principal registered under the Foreign Agents Registration Act (18 U.S.C. 219).

(21) The prohibition against the employment of a person convicted of a felony for participating in or promoting a riot or civil disorder (5 U.S.C. 7313).

(22) The prohibition against the publication of data and information obtained pursuant to the Commodity Exchange Act which would disclose the business transactions of any person, trade secrets or customer names (7 U.S.C. 12).

(23) The prohibition against using or revealing information relative to formulas of products acquired by the Secretary incident to the registration of economic poisons, with intent to defraud (7 U.S.C. 135f (c)).

(24) The prohibition against the unauthorized release of information, in the Packers and Stockyards Act (7 U.S.C. 222).

(25) The prohibition against the release of information in an employee's possession concerning cotton standards, estimates, tests, and analyses unless authorized by the Secretary (7 U.S.C. 472).

(26) The prohibitions against the release of information acquired from parties to any marketing agreement, and handlers subject to marketing agreement orders, except as authorized by the Secretary for the purposes of suit or administrative hearings (7 U.S.C. 608d(2)).

(27) The prohibition against the unauthorized prediction as to cotton prices in a governmental publication (12 U.S.C. 1141j (d)).

(28) The prohibition against the making of false statements or reports, or wilfully overvaluing land, property or security to influence action in connection with agricultural loans (18 U.S.C. 1014).

(29) The prohibition against the willful disclosure of official information which might influence or affect the market value of crops prior to authorized publication. An employee acquiring by reason of his employment, information as to the market. value of agricultural crops, which information is required to be withheld, is prohibited from speculating in such product (18 U.S.C. 1902).

(30) Limitations on the use or availability of information furnished in connection with marketing agreements and orders (7 U.S.C. 610 (i)).

(31) The availability of information furnished in connection with marketing agreements and orders, applicable to marketing agreements and orders, applicable to marketing agreements for antihog-cholera serum and hog-cholera virus is restricted (7 U.S.C. 855).

(32) Information furnished in connection with collection of peanut statistics shall be used only for statistical purposes for which supplied. No publication shall be made where the data furnished by any establishment can be identified (7 U.S.C. 955).

(33) Information with respect to individual operations of processor, producer, or laborer will not be made public in connection with recommendations with respect to producer-processor and producer-labor contracts (7 U.S.C. 1159).

(34) Information furnished in connection with the establishment and adjustment of farm marketing quotas shall be disclosed only as authorized by the Secretary for the purpose of suit or administrative hearing (7 U.S.C. 1373 (c)).

(35) The prohibition against a person licensed to inspect or grade grain, or employed by the Department to carry out the provisions of the Grain Standards Act being financially or otherwise interested in a grain elevator or employed by a grain elevator or warehouse (7 U.S.C. 87).

(36) The prohibition against persons administering the Sugar Act of 1948, from investing or speculating in sugar or liquid sugar, contracts relating thereto,

or stock or membership interests of any association or corporation engaged in sugar production (7 U.S.C. 1157).

(37) The prohibition against persons administering activities concerned with cotton option contracts and commodity benefits as provided by the Agriculture Adjustment Act speculating in agricultural commodities or products to which such contracts or benefits apply, or in contracts relating thereto, or in the stock or membership interests of any association or corporation handling such commodities or products (7 U.S.C. 610(g)).

(38) The prohibition against an officer or employee being the beneficiary of or receiving any fee, commission or gift for or in connection with any transaction or business under the Consolidated Farmers Home Administration Act of 1961, other than such salary, fee or compensation as he may receive as an officer or employee. Members of a FHA County Committee making any certification with respect to a loan to purchase any land in which they or any person related to them have any financial interest (7 U.S.C. 1986).

(39) The prohibition against the making of false statements in connection with activities of the Commodity Credit Corporation or embezzlement or conversion of anything of value belonging or pledged to the Corporation, or conspiring to commit such acts (15 U.S.C. 714m).

(40) The prohibition against the acceptance of any fee, gift, or other consideration for compromise, adjustment, or cancellation of farm indebtedness (18 U.S.C. 217).

(41) The prohibition against the embezzlement of money or property of the Federal Crop Insurance Corporation and the Farmers Home Administration, and of pledged or entrusted property (18 U.S.C. 657).

(42) The prohibition against the conversion of property mortgaged or pledged to the Farmers Home Administration and the Federal Crop Insurance Corporation, with intent to defraud (18 U.S.C. 658).

(43) The prohibition against the making of false entries, or participation in any benefit through any transaction in connection with Departmental activities concerned with agricultural loans (18 U.S.C. 1006).

(44) The prohibition against speculation in agricultural commodities to which the Federal Crop Insurance Act applies or

to contracts relating thereto, or stock or membership interests of corporations or associations handling such commodities by any person administering such law (18 U.S.C. 1903).

(45) The prohibition against the compilation or issuance of false crop reports (18 U.S.C. 2072).

(46) The prohibition against the acceptance by an employee of money or other things of value given with intent to influence a decision in connection with the performance of duties under the Federal Meat Inspection Act, or when received from a person or firm engaged in commerce given for any purpose whatever (21 U.S.C. 622).

(47) The prohibition against any person using to his own advantage or improperly revealing information concerning trade secrets acquired under the Poultry Products Inspection Act (21 U.S.C. 458).

(48) The prohibition against a public official appointing or promoting a relative, or advocating such an appointment or promotion (5 U.S.C. 3110).

(49) The tax imposed on certain employees (e.g., Presidential appointees, employees excepted under Schedule C, employees in GS-16 or above or a comparable pay level) who knowingly engage in self-dealing with a private foundation (26 U.S.C. 4941, 4946). "Self-dealing" is defined in the statute to include certain transactions involving an employee's receipt of pay, a loan, or reimbursement for travel or other expenses from, or his sale to or purchase of property from, a private foundation.

(b) This section does not purport to enumerate or paraphrase all statutory restrictions imposed on employees. The omission of a restriction in no way relieves an employee of the legal effect of such restriction.

Subpart C-Statements of Employment and Financial Interests

§ 0.735-31 Employees required to submit statements.

Except as provided in § 0.735-32 the following employees shall submit a statement of employment and financial interests on USDA Form AD-392 in accordance with this part:

(a) Employees paid at a level of the Executive Schedule in Subchapter II of 5 U.S.C., Chapter 53.

(b) Employees appointed as Hearing Examiners under 5 U.S.C. 3105.

(c) Employees classified at GS-13 or above under 5 U.S.C. 5332, or at a comparable pay level under other authority, who are in positions the basic duties and responsibilities of which require the incumbent to exercise judgment in making a Government decision or in taking Government action on contracting or procurement, administering or monitoring grants or subsidies, regulating or auditing private or other non-Federal enterprise, or other activities where the decision or action has an economic impact on the interests of any non-Federal enterprise.

(d) Employees classified at GS-13 or above under 5 U.S.C. 5332, or at a comparable pay level under other authority, who are in positions which the Agency has determined have duties and responsibilities which require that the incumbents report their employment and financial interests in order to avoid involvement in a possible conflict-ofinterests situation and carry out the purpose of law. Executive order, part 735 of the Civil Service Commission's regulations, this part, and applicable Agency regulations.

(e) Employees classified below GS-13 under 5 U.S.C. 5332, or at a comparable pay level under other authority, where the Agency has determined that they are in positions which otherwise meet the criteria in paragraphs (c) and (d) of this section and that a statement from them is essential to protect the integrity of the Government and avoid employee involvement in a possible conflict-ofinterests situation, provided such determination has been approved in writing by the Civil Service Commission.

(a) A statement of employment and financial interests is not required from a Presidential appointee covered by section 401(a) of the Executive order. Such appointees are subject to separate reporting requirements under section 401 of the Executive order.

(b) Employees in positions that meet the criteria in § 0.735-31(c) may be excluded from the reporting requirement when the Department Counselor determines that:

(1) The duties of a position are such that the likelihood of the incumbent's involvement in a conflict-of-interest situation is remote or;

(2) The duties of a position are at such a level of responsibility that the

submission of a statement of employment and financial interests is not necessary because of the degree of supervision and review over the incumbent or the inconsequential effect on the integrity of the Government.

(c) Exceptions will be considered by the Department Counselor at the request of the Agency Head.

(d) An employee shall be afforded the opportunity for a review, through the Departmental grievance procedure as described in Chapter 771 of the Department Personnel Manual, of the designation of his position as one requiring the submission of a statement of employment and financial interests.

§ 0.735-33 Identification of employees required to submit statements.

For control and reporting purposes, those employees required to submit statements shall be specifically identified in the personnel records system.

§ 0.735-34 Time and place for submission of employees' statements.

(a) When a decision is reached to make an appointment to a position requiring submission of a statement of employment and financial interest, the prospective employee should be informed of the requirement, furnished a copy of these regulations and the statement form, and advised of the availability of counseling with respect thereto. Submission of the initial statement may be made prior to appointment. In that event, review of the statement and resolution of any conflict questions should be made promptly and, if possible, prior to appointment. Initial statements must be submitted no later than 30 days after entrance on duty in such position.

(b) Employees and prospective employees in the following positions will submit statements directly to the Director of Personnel:

(1) Positions in the immediate staff and offices of the Office of the Secretary; (2) Agency Heads, Associates, Deputies, and Assistants; and

(3) Noncareer Executive or Schedule C positions.

(c) Those in other positions will submit statements to the Agency Head or to an employee designated by him.

(d) Agencies are responsible for assuring that persons subject to the reporting requirements are notified of those requirements and are provided the necessary forms and instructions.