SOURCE: The provisions of this Part 0 appear at 31 F.R. 8528, June 18, 1966, unless otherwise noted.

Subpart A-General Provisions § 0.735-1 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 and special Government employees through informed judgment is indispensable to the maintenance of these standards. 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 the reporting of employment and financial interests.

§ 0.735-2 Definitions.

In this part:

To

(a) "Agency" means an independent subagency of the U.S. Department of Agriculture.

(b) "Agency Head" is the Administrator or Chief Executive Officer of an agency.

(c) "Conflict of interest" means the situation that exists when there is a conflict, or appearance of conflict, between the interest of an employee and the performance of his Government duties.

(d) "Employee" means a regular officer or employee of the Department of Agriculture including excepted and WOC employees and includes a special Government employee unless otherwise provided.

(e) "Special Government employee" means an officer or employee of the Department of Agriculture who is retained, designated, appointed, or employed to perform temporary duties either on a full-time or intermittent basis, with or without compensation, for not to exceed 130 days during any period of 365 consecutive days.

(f) "The Executive Order" means Executive order 11222 of May 8, 1965.

(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 his conflicting interest;

(3) Disciplinary action which may be in addition to any penalty prescribed by law; or

(4) Disqualification for a particular assignment.

(b) Remedial action, whether disciplinary or otherwise, shall be effected in accordance with any applicable laws, Executive orders, and regulations. Subpart B-Conduct and Responsibilities of Employees

Except as provided in paragraph (s) of this section, employees are specifically prohibited from:

(a) Betting or participating in lotteries or any other form of gambling, even for a worthy cause on Governmentowned or leased premises or while on duty for the Government.

(b) Consuming intoxicating beverages in Government-owned or leased property, or transporting such beverages in Government-owned vehicles, or using such beverages while on duty or after duty to the extent that it adversely affects performance of official duties, or results in embarrassment to the Department. 5 U.S.C. 7352 states that a person who habitually uses intoxicating beverages to excess may not be retained in his position.

(c) Engaging in criminal, dishonest, immoral, or notoriously disgraceful conduct, or other conduct prejudicial to the Government.

(d) Lending funds at usurious interest rates.

(e) Being absent from duty without authorization.

(f) Provoking other employees and making unwarranted criticism or accusations against other employees or supervisor.

(g) Refusing to give testimony or respond to questions made in connection with official inquiries or investigations.

(h) Giving or using information acquired through their official position prior to its release to the general public, to advance the interests of themselves,

their families, associates, friends, or those of other persons. However, this subparagraph does not prohibit an employee from teaching, lecturing, and writing as authorized in § 0.735-17.

(i) Engaging in any personal business transaction or private arrangement for profit which accrues from or is based on their official positions or authority, or on official information prior to its release to the general public.

(j) 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 the conversation in whole or in part, except when adequate notice is given to, and agreement received from, all participants of the conversation. The monitoring and/or recording shall be terminated as soon as the agreed upon portion of the telephone conversation is completed.

(k) Utilizing a mechanical or electronic device to overhear or record nontelephone conversations, unless such recording or monitoring is authorized by the speaker.

(1) Soliciting contributions from other employees for a gift to a superior.

(m) An employee in a superior official position may not accept a gift presented as a contribution from employees receiving less salary than himself.

(n) Making a donation as a gift to a superior. (5 U.S.C. 7351)

(0) Accepting a gift, present, decoration, or other thing from a foreign government unless authorized by Congress as provided by the Constitution and in 5 U.S.C. 7342.

(p) Using either directly or indirectly, or allowing the use of Governmentowned or leased property, facilities or services for other than officially appoved purposes. Employees have a positive duty to conserve and protect Government property.

(q) Investigating or conducting any regulatory work directly affecting any corporation, company, firm, association, or organization in which he has a financial or other interest.

(r) Coercing, or giving the appearance of coercing any person, corporation, company, firm, association, or organization to provide financial benefit to himself or another.

(s) The restrictions set forth in paragraphs (1), (m), and (n) of this section