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.

[31 F.R. 8528, June 18, 1966, as amended at 83 FR. 953, Jan. 26, 1968]

§ 0.735-12 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) 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 83 F.R. 953, Jan. 26, 1968]

§ 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 official 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.

(c) [Reserved]

(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 activities-general.

and

No employee of the Department shall perform or be engaged in any work or activity on his own behalf, or for private

Individuals, firms, companies, organizations, institutions, or State or local governments:

(a) If the outside work or activity would prevent the employee from rendering full-time service to the Department;

(b) If the efficiency of the employee may be impaired by the performance of the outside duties; that is where the outside duties are of such onerous or fatiguing nature as to injure his health or to prevent him from doing his best work during his official hours;

(c) [Reserved]

(d) If the work or activity to be done in a private capacity may be construed by the public to be the official acts of the Department, or of a nature closely paralleling the work of the Department.

(e) If the business connections to be established or property interest to be acquired may result in a conflict between the private interest of the employee and his official duty;

(f) If the doing of such work or activity may involve the use of information secured as the result of employment in the Department and to the detriment of the public service;

(g) If such employment or activity may tend to bring criticism on the Department or cause embarrassment;

(h) If the work or activity relates to a written discussion of policies or official work of the Department unless it has been cleared with the Office of Information;

(i) If the work or activity by the employee gives the appearance of, or the granting of, permission to use his name in the advertising of organizations commercializing the results of research conducted by this Department, irrespective of any merits which such enterprises may appear to possess;

(j) If the work or activity involves participation in a commercially sponsored broadcast except as authorized by the Director of Information.

[31 F.R. 8528, June 18, 1966, as amended at 33 F.R. 12083, Aug. 27, 1968]

§ 0.735-15 Employment by foreign in

terests.

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). No employee, whether in a duty status,

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

§ 0.735-17 Teaching, writing.

lecturing, and

It is the policy of the Department to grant permission to employees 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, when such duties will not interfere with the effective discharge of the employee's official duties, provided:

(a) Prior authorization is obtained from the Agency Head.

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

(c) Such teaching, or 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 that is in the public interest.

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

[31 F.R. 8528, June 18, 1966, as amended at 33 F.R. 12083, Aug. 27, 1968]

§ 0.735-18 Activities of Department employees with relation to general or specialized farm organizations.

(a) Department employees shall refrain from participating actively in meetings and in other activities concerned with the establishment of general or specialized farm organizations, or with recruiting members for existing organizations such as the national, regional, State, and local organizations of the National Grange, the American Farm Bureau Federation, the Farmers' Union, the National Association of Soil Conservation Districts, the National Rural 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.

4

(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. § 0.735-19 Indebtedness.

(a) Employees who fail to pay their just financial obligations in a timely and proper manner without adequate reason, will be subject to such disciplinary action as the head of the agency or his designee considers appropriate. For the purpose of this section, "just financial obligations" are those acknowledged by the employee or reduced to judgment by a court. A "proper and timely manner" means in a manner which the head of the agency 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 his 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. § 0.735-20 Political activity.

(a) 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. The Civil Service Commission exercises jurisdiction and investigates cases of alleged prohibited political activities by employees in the competitive service. The Department has comparable jurisdiction in cases affecting employees in the excepted service. Generally speaking, special Government employees are prohibited from engaging in the aforementioned activities only on those days when they are in a pay status. If in doubt of the propriety of a contemplated political activity consult your supervisor or refer the question with a full statement of facts to the Office of Personnel for advice.

(b) Allegations, of, or evidence relating to prohibited political activity, shall be reported to the Director of Personnel.

[31 F.R. 8528, June 18, 1966, as amended at 33 FR. 953, Jan. 26, 1968]

authorized representatives all information and testimony in regard to matters arising under laws, rules, and regulations administered by the Commission.

(b) 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 result of relationships incident to such employment. Failure to respond to requests for information or to appear as a witness in an official proceeding may result in disciplinary penalty.

§ 0.735-22 Safeguarding information.

(a) 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 Records Security Regulations, USDA.

(b) 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.

(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) The subject matter of public hearings with respect to the proposed issuance of an order, regulation or other administrative determination 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 matters of procedure in connection with such proceeding.

(e) Official mail shall be safeguarded from indiscriminate publication. It is prohibited to use or to quote in whole or in part any letters referred from the White House to this Department.

concerning

inven

(f) Information tions 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.

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

(h) 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.

[31 F.R. 8528, June 18, 1966, as amended at 33 F.R. 953, Jan. 26, 1968]

$ 0.735-23 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 is subject to suspension for 30 days or removal 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) Employees shall not store Government-owned or leased motor vehicles in or near their private residences or use such vehicles for transportation between their residences and places of employment unless such storage or use shall

(a) An employee 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.

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

(c) This section does not preclude an employee from having a financial interest or engaging in financial transactions to the same extent as a private citizen not employed by the Government provided it is not prohibited by law, Executive Order 11222, 5 CFR Part 735, or this part.

§ 0.735-25 Miscellaneous provisions.

(a) Employees must observe designated duty hours and be punctual in reporting for work and returning from lunch periods. Tardiness can result in employees being placed in a nonpay status or in a charge against annual or compensatory leave in multiples of 1 hour or remedial action.

(b) Employees normally must obtain advance authorization for absence from duty. Where absence from duty results from illness or an emergency, employees 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.

(d) Agency officials have the authority to transfer and reassign employees within their respective jurisdictions whenever necessary to meet operational needs. Employees have an obligation to the Department to accept transfers and