changes in assignment. Failure to accept a transfer or reassignment may result in the separation of the employee.

(e) 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.

(f) 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 of 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.

(g) An employee shall not take any action which might prejudice the Government's interest in a criminal or civil case.

(h) Except as authorized by the Director of Personnel employees may not solicit, make collections or canvass for the sale of any article or distribute literature or advertising matter in any space occupied by the Department. Employees may not solicit money nor sell tickets to persons outside the Government for the benefit of any organization of the Department of Agriculture. No publication of any such organization shall contain any commercial advertising whatsoever and the cost of such publications must be fully paid by the organization or association.

(i) An employee shall not at any time conduct himself in a manner that might cause embarrassment to or criticism of the Department or interfere with the efficient performance of his duties.

(j) An employee 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 shall not, directly or indirectly, speculate in any agricultural commodity.

(k) No employee of the Department shall 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. Employees are not prohibited by this paragraph from making bona fide investments.

§ 0.735-26 Miscellaneous statutory provisions.

The attention of each employee is directed to the following statutory provisions:

(a) House Concurrent Resolution 175, 85th Congress, 2d Session, 72 Stat. B12, the "Code of Ethics for Government Service."

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

(c) The prohibition against lobbying with appropriated funds (18 U.S.C. 1913). (d) The prohibitions against disloyalty and striking (5 U.S.C. 7311, 18 U.S.C. 1918).

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

(f) The prohibitions against:

(1) The disclosure of classified information (18 U.S.C. 798, 50 U.S.C. 783); and

(2) The disclosure of confidential information (18 U.S.C. 1905).

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

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

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

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

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

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

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

(n) The prohibitions against:

(1) Embezzlement of Government money or property (18 U.S.C. 641);

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

(3) 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).

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

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

(q) The provision relating to the denial of right to petition Congress (5 U.S.C. 7102).

(r) The prohibitions against:

(1) 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).

(2) The use of 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)).

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

(4) 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).

(5) 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)).

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

(7) 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).

(8) The wilfull disclosure of official information which might influence of 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).

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

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

(u) 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).

(v) 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).

(w) 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)). (x) Prohibitions against:

(1) 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. 81).

(2) 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).

(3) 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)).

(4) 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 (7 U.S.C. 1986).

(5) 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).

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

(7) 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).

(8) 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)..

(9) 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).

(10) 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).

(11) The compilation or issuance of false crop reports (18 U.S.C. 2072).

(12) The acceptance of money or other things of value given with intent to influence a decision in connection with examination of animals, meats, and meat products by inspectors or other employees, or when received from a person or

firm engaged in interstate or foreign commerce given for any purpose whatever (21 U.S.C. 90).

(13) 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).

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

[31 F.R. 8528, June 18, 1966, as amended at 33 FR. 954, Jan. 26, 1968]

Subpart C-Counseling and Advisory Service

§ 0.735-31 Counseling and advisory

service.

(a) In accord with the Executive order, the Executive Assistant to the Secretary is designated to serve as the Department Counselor and designee to the Commission on matters covered by the regulations in this part. He shall be responsible for coordination of the Department's counseling service and for assuring that counseling and interpretations on questions of conflicts or apparent conflict of interest and other matters discussed in the regulations in this part are available to Deputy Counselors here and after designated.

(b) The Deputy Counselors for the Department will be the Director of Personnel and those employees with employment authority who are so designated to be Deputy Counselors by the Agency Heads.

(c) All employees are to be notified of the availability of counseling and by whom this service is provided. Initial notification must be made within 90 days after Commission approval of this part (the Department's regulations), and periodically thereafter. A new employee or special Government employee appointed after this notification must be notified at the time of his entrance on duty.

(d) Each new employee shall be furnished at the time of hire a copy of the regulations in this part. Current employees shall be furnished a copy of these regulations within 90 days following issuance. Subsequent changes to these regulations will be furnished employees upon issuance. Each employee shall be reminded of the regulations in this part semiannually.

(a) This deals with statutory provisions of conflict of interest as contained in Title 18, U.S. Code. In this part the term "special Government employee” is as defined in 0.735-2(e).

(b) Employees cannot:

(1) Represent another, except in the performance of official duties, before a court or Government agency in a matter in which the United States is a party or has an interest, whether the representation is for pay or not.

(2) Participate in a governmental capacity in any matter in which he, his spouse, minor child, outside business associate, or person with whom he is negotiating for employment has a financial interest.

(3) Represent, after his Government employment has ended, anyone other than the United States in a matter in which the United States is a party or has an interest, if he participated personally and substantially in the matter for the Government at any time during his employment. This is a permanent bar.

(4) For 1 year after termination of Government employment, 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 at any time during the last year of his Government service. Official responsibility means the direct administrative or operating authority to take official action. This applies whether the authority was intermediate or final and whether exercised personally or through subordinates, if it was to decide Government's action.

(5) Receive any supplementation of salary for Government services from a private source.

(6) Directly or indirectly solicit, accept or agree to accept for himself or for another, anything of value to influence his performance of official duty or make opportunity for the commission of any fraud on the United States.

(c) The restrictions imposed by paragraph (b) of this section do not prevent an officer or employee, if not inconsistent with the faithful performance of his duties, from acting without compensation as agent or attorney for any person who is the subject of disciplinary, loyalty, or

other personnel administration proceedings in connection with those proceedings.

(d) Special Government employees as defined in paragraph (a) of this section cannot:

(1) Act as attorney or agent or represent anyone, except in the discharge of official duties, 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 participated personally and substantially for the Government.

(2) Represent anyone except in the performance of official duties, in a matter pending before the agency in which he serves, unless he has served there no more than 60 days during the past 365 days, whether or not he has ever participated in the matter personally and substantially for the Government.

(3) Participate for the Government in any matter in which he, his spouse, minor child, outside business associate, or person with whom he is negotiating for employment has a financial interest.

(4) After the termination of Government employment, 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.

(5) For 1 year after termination of Government employment 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. (e) The restriction on employees against receipt of salary from a private source for Government work does not apply to special Government employees. Subpart E-Statements of Employ

ment and Financial Interest

§ 0.735-51 Employees required to submit statements.

Except as provided in $ 0.735-52 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 Chapter 53 of Title 5, U.S.C.

(b) Employees classified at GS-13 or above under section 5332 of Title 5, United States Code, or at a comparable pay level under another authority, whose basic duties and responsibilities require the incumbents to exercise judgment in making a Government decision or in taking a Government action in regard to:

(1) Contracting or procurement, including the appraisal or selection of contractors; the negotiation or approval of contracts; the supervision of activities performed by contractors; the inspection of materials for acceptability; the procurement of materials, services, supplies, or equipment other than those common items available from the Department or GSA inventories; the proposal, acceptance, obligation, or settlement of payments or claims or negotiations in connection therewith;

(2) Administering grants or subsidies;

or monitoring

(3) Regulating or auditing private or other non-Federal enterprise, such as inspectors and graders in regulatory and grading services, and auditors and investigators of the Office of the Inspector General;

(4) Other activities where the decision or action has an economic impact on the interests of any non-Federal enterprise;

(5) Employees appointed as Hearing Examiners under section 3105 of Title 5 of the U.S. Code.

(c) Employees classified at GS-13, or above, under section 5332 of Title 5, United States Code, or at a comparable pay level under another authority, who are in positions which the agency has determined have duties and responsibilities which require the incumbent to report employment and financial interests in order to avoid involvement in a possible conflicts-of-interest situation and carry out the purpose of law, Executive order and this part.

(d) The following positions classified below GS-13 under Section 5332 of Title 5, United States Code, are specifically required to submit statements of employment and financial interest: State Administrative Officers, GS-12, in the Soil Conservation Service when they have authority to approve construction and/or procurement contracts and Operating Loan Officers, Real Estate Loan Officers or Community Service Officers,

(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 paragraph (b) of § 0.735– 51 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 AG Chapter 771, of the designation of his position as one requiring the submission of a statement of employment and financial interests.

[33 F.R. 954, Jan. 26, 1968]

§ 0.735-53 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.

§ 0.735-54 Time and place for submission of employees' statements. (a) An employee required to submit a statement of employment and financial interests under the regulations in this part shall submit that statement to the personnel officer designated by the Agency Head not later than 90 days after the effective date of this part if employed on or before that effective date; or 30