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Subtitle A-Office of the Secretary of
Part 0 1 2 3 4
5 6 7
8 11 12
Employee responsibilities and conduct.
tural Stabilization and Conservation county committees.
County and Community committees.
the Agricultural Act of 1956.
Agricultural Trade Development and Assistance Act of 1954, as amended.
PART O EMPLOYEE RESPONSIBILI- SOURCE: The provisions of this Part 0 ap
pear at 31 F.R. 8528, June 18, 1966, unless TIES AND CONDUCT
otherwise noted. Subpart A-General Provisions
Subpart A-General Provisions Sec. 0.735-1 Purpose.
$ 0.735-1 Purpose. 0.735-2 Definitions. 0.735-3 Remedial action.
The maintenance of unusually high
standards of honesty, integrity, imparSubpart B-Conduct and Responsibilities of
tiality, and conduct by Government emEmployees
ployees and special Government em0.735–11 Prohibited conduct-general.
ployees is essential to assure the proper 0.735-12 Prohibitions upon employees serv
performance of the Government business ing abroag.
and the maintenance of confidence by 0.735–13 Gifts, entertainment, and favors.
citizens in their Government. The con0.735-14 Outside employment and activities-general.
fidence of citizens in their Government is 0.735–15 Employment by foreign interests.
influenced not only by the manner in 0.735–16 Serving as consultant or advisor.
which employees serve the public but in 0.735–17 Teaching, lecturing, and writing.
the way they conduct themselves in the 0.735–18 Activities of Department employ
eyes of the public. The avoidance of ees with relation to general or
misconduct and conflicts of interests on specialized farm organizations. the part of Government employees and 0.735-19 Indebtedness.
special Government employees through 0.735–20 Political activity.
informed judgment is indispensable to 0.735–21 Requirement to furnish informa- the maintenance of these standards. To tion.
accord with these concepts, this part sets 0.735–22 Safeguarding information.
forth the regulations for employees of 0.735-23 Use of vehicles.
the U.S. Department of Agriculture, pre0.735-24 Financial interests.
scribing standards of conduct and re0.735-25 Miscellaneous provisions. 0.735–26 Miscellaneous statutory provisions.
sponsibilities, and the reporting of em
ployment and financial interests. Subpart C—Counseling and Advisory Service
$ 0.735–2 Definitions. 0.735-31 Counseling and advisory service.
In this part:
(a) “Agency" means an independent 0.735-41 Conflicts of interest.
subagency of the U.S. Department of
Agriculture. Subpart Statements of Employment and
(b) "Agency Head" is the AdministraFinancial Interests
tor or Chief Executive Officer of an 0.735–51 Employees required to submit
(c) “Conflict of interest” means the 0.735–52 Exceptions.
situation that exists when there is a con0.735–58 Identification of employees required to submit statements.
flict, or appearance of conflict, between
the interest of an employee and the per0.735–54 Time and place for submission of employees' statements.
formance of his Government duties. 0.735-55 Supplementary statements,
(d) “Employee" means a regular of0.735–66 Interests of employee relatives. ficer or employee of the Department of 0.735–57 Information prohibited.
Agriculture including excepted and 0.735-58 Information not known by em- WOC employees and includes a special ployee.
Government employee unless otherwise 0.735-59 Types of interests to be reported. provided. 0.735-60 Effect of employees' statements. (e) "Special Government employee" 0.735–61 Specific provisions for special Gov- means an oficer or employee of the Deernment employees.
partment of Agriculture who is retained, 0.735-62 Review of statements and deter
designated, appointed, or employed to mination of conflicting Interests. 0.735-63 Disposition of conflicting interests.
perform temporary duties either on a 0.735-64 Protection of reports.
full-time or intermittent basis, with or 0.735-65 Agency implementation.
without compensation, for not to ex
ceed 130 days during any period of 365 AUTHORITY: The provisions of this part o issued under Executive Order 11222 of May 8,
consecutive days. 1965, 80 F.R. 6469, 3 CFR, 1965 Supp.; 5 CFR
(f) “The Executive Order" means Ex735.104.
ecutive order 11222 of May 8, 1965.
$ 0.735-3 Remedial action.
(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 Responsibil
ities of Employees & 0.735–11 Prohibited conduct-gen
eral. 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 oficial 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 8cquired 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 18 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 oficial 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 shall not be interpreted as prohibiting activities incident to the voluntary giving or acceptance of gifts of nominal value made on special occasions such as marriage, illness, or retirement.
(t) And shall avoid any action, whether or not specifically prohibited by this subpart, which might result in, or create the appearance of:
(1) Using public office for private gains;
(2) Giving preferential treatment to any person;
(3) Impeding Government efficiency or economy;
(4) Losing complete independence or impartiality;
(5) Making a Government decision outside of official channels; or
(6) Affecting adversely the confidence of the public in the integrity of the Federal Government. (81 F.R. 8528, June 18, 1968, as amended at 83 FR. 953, Jan. 26, 1968) $ 0.735–12 Prohibitions upon employ
ees serving abroad. An employee on foreign assignment may not:
(a) Violate Department of State regulations governing the post to which he is assigned.
(b) May not 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. (31 F.R. 8528, June 18, 1966, as amended at 33 F.R. 953, Jan. 26, 1968) 8 0.735-13 Gifts, entertainment, and
favors. (a) Except as provided in paragraph (b) of this section, an employee shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, unusual discount, loan, 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 his agency, or with the Department.
(2) Conducts operations or activities that are regulated by the Department.
(3) Has interests that may be substantially affected by the performance or nonperformance of his oficial duty.
(b) The restrictions set forth in paragraph (a) of this section shall not be interpreted as prohibiting:
(1) Acceptance of any of the usual courtesies normal in an obvious family or personal relationship (such as those between the parents, children, or spouse of the employee) 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.
(4) The exchange of usual social courtesies which are wholly free of any embarrassing or improper implications.
(d) Neither this section nor $ 0.73514 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 made on his behalf, for excessive personal living expenses, gifts, entertainment or other personal benefits, nor does it allow an employee to be reimbursed by a person for travel on official business under agency orders when reimbursement is proscribed by Decision B-128527 of the Comptroller General dated March 7, 1967. (31 F.R. 8528, June 18, 1966, as amended at 33 F.R. 953, Jan. 26, 1968) $ 0.735–14 Outside employment and
activities general. No employee of the Department shall perform or be engaged in any work or activity on his own behalf, or for private