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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;
(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 oficial 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 De. partment or cause embarrassment;
(h) If the work or activity relates to a written discussion of policies or oficial work of the Department unless it has been cleared with the Office of Information;
(i) If the work or activity by the em. ployee 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. 131 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,
or annual leave, or leave without pay. shall accept employment, with or without pay, from any foreign government, corporation, partnership, or individual without the prior authorization of the Secretary. Such requests shall be di. rected to the attention of the Director of Personnel. (31 F.R. 8528, June 18, 1966, as amended at 33 FR. 953, Jan. 26, 1968] $ 0.735–16 Serving as consultant or ad.
visor. 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 Departo ment 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, lecturing, and
writing, 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) 8 0.735–18 Activities of Department em
ployees 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 memb
hip 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 fue 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 Committeemen.
(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 authorized representatives all informaof a complaint for failure to pay taxes or tion and testimony in regard to matters other debts that are the subject of a arising under laws, rules, and regulasinal administrative determination by a tions administered by the Commission. unit of the Federal, State or local gov- (b) Employees are obligated to give ernment, he shall be advised of the com- information to authorized representaplaint and told to make payment ar- tives of the Department when called upon rangements satisfactory with that unit if the inquiry relates to official matters of government.
and the information is obtained in the (d) When an employee is the subject course of employment or as a result of of a letter of complaint from a creditor relationships incident to such employwho does not hold a legal judgment, the ment. Failure to respond to requests for Agency Head or his designee shall de- information or to appear as a witness in termine whether the employee acknowl- an official proceeding may result in disedges the debt and call the provisions ciplinary penalty. of his section to the employee's atten
$ 0.735–22 Safeguarding information. tion. Subsequent action, if any, will be taken in accord with the facts of the (a) Classified defense information and case and the provisions of this section. restricted information shall be safe
guarded and released in accordance with $ 0.735–20 Political activity.
the provisions of applicable directives, (a) A Federal employee other than an statutes, or regulations. For further inoficer exempted by 5 U.S.C. 7324 (d) formation consult the Records Security may not take an active part in political Regulations, USDA. management or in a political campaign. (b) Unauthorized, premature discloHe may not solicit or receive any as- sure of information which might infusessment, subscription, or contribution ence or affect the market value of any for any political purpose from an offi- product of the soil grown within the cer or employee of the Government. United States, or of information which by Whatever the employee may not do law or rule of the Department is required directly, he may not do indirectly or to be withheld from publication until a through an agent, officer, or employee fixed time is punishable by fine and imchosen by him or subject to his control. prisonment. The Civil Service Commission exercises (c) "For Official Use Only" material jurisdiction and investigates cases of shall not be examined by, released to, alleged prohibited political activities by nor discussed with any person except in employees in the competitive service. the performance of official duties and as The Department has comparable juris- prescribed by Title 1, Chapter 9, Admindiction in cases affecting employees in
istrative Regulations, U.S. Department the excepted service. Generally speak
of Agriculture. ing, special Government employees are
(d) The subject matter of public hear
ings with respect to the proposed issuprohibited from engaging in the aforementioned activities only on those days
ance of an order, regulation or other
administrative determination prior to iswhen they are in a pay status. If in
suance by the Secretary of the order, doubt of the propriety of a contem
regulation, or other administrative deterplated political activity consult your mination shall not be discussed with any supervisor or refer the question with a
interested person or with any representafull statement of facts to the Ofice of
tive of an interested person without writPersonnel for advice.
ten permission of the Secretary. How(b) Allegations, of, or evidence re
ever, this shall not preclude an employee lating to prohibited political activity,
who has been assigned to or has supershall be reported to the Director of
vision over a proceeding from discussing Personnel.
with interested persons or their repre(31 F.R. 8528, June 18, 1966, as amended at
sentatives matters of procedure in con33 FR. 953, Jan. 26, 1968)
nection with such proceeding. $ 0.735–21 Requirement to furnish in- (e) Official mail shall be safeguarded formation.
from indiscriminate publication. It is (a) Employees are required under $ 5.3 prohibited to use or to quote in whole or of Civil Service Rule V (5 CFR 5.3) to in part any letters referred from the give the Civil Service Commission and its White House to this Department.
(f) Information concerning inven- have been specifically authorized by the tions and patent applications may be Secretary or another oficial to whom revealed only for official purposes. Em- such authority has been delegated. ployee inventors and employees who (31 F.R. 8528, June 18, 1966, as amended at handle or obtain information concerning 31 F.R. 9544, July 14, 1966; 33 F.R. 954, Jan. Inventions of employee inventors or con
26, 1968) cerning any other inventions in which
$ 0.735–24 Financial interests. the Department may have an interest shall not reveal such information prior
(a) An employee may not have a dito the issuance of the patent.
rect or indirect financial interest that (g) The release of any list of names
conflicts substantially, or appears to conof employees of the Department for po
flict substantially, with his responsibililitical purposes or for purposes of com
ties and duties as a Federal employee. mercial solicitation is prohibited.
(b) An employee may not engage in. (h) It is prohibited to release lists of
directly or indirectly, a financial transnames of farmers, businessmen, persons,
action relying upon information obtained organizations, or firms that may be avail
through his employment. able in the Department directly or indi
(c) This section does not preclude an rectly to any person, firm or association if
employee from having a financial insuch lists will be used for solicitation pur
terest or engaging in financial transacposes, or such lists directly or indirectly
tions to the same extent as a private provide information which customarily
citizen not employed by the Government would not be released to the public by
provided it is not prohibited by law, Exthe person from whom the Department
ecutive Order 11222, 5 CFR Part 735, or obtained it. Exceptions shall not be made
this part. unless authorized by the Director of In- $ 0.735-25 Miscellaneous provisions. formation, and it is clear that the public interest will be served and there will be
(a) Employees' must observe desig
nated duty hours and be punctual in negligible public expense or interruption of work. A request for a Department list
reporting for work and returning from must state the purpose for which the list
lunch periods. Tardiness can result in will be used. Lists of manufacturers,
employees being placed in a nonpay dealers, breeders, etc., should not be fur
status or in a charge against annual or nished so as to imply that the Depart
compensatory leave in multiples of 1 ment endorses certain firms to the pos
hour or remedial action. sible detriment of others, or that the lists
(b) Employees normally must obtain necessarily include all dealers of a' cer
advance authorization for absence from tain line.
duty. Where absence from duty results
from illness or an emergency, employees (31 F.R. 8528, June 18, 1966, as amended at 33 F.R. 953, Jan. 26, 1968]
are required to notify their supervisor or
other appropriate person as soon as 8 0.735-23 Use of vehicles.
possible. When an employee fails to (a) An employee who wilfully uses or
properly notify his supervisor absence authorizes the use of a Government
may be charged as an unauthorized owned or leased passenger motor vehicle
absence. It also may result in remedial or aircraft for other than official pur
(c) Sick leave is to be used by emposes is subject to suspension for 30 days or removal from office in accord
ployees only when they are incapaci
tated from duty because of sickness or ance with 31 U.S.C. 638a(c)(2).
injury, when they need to obtain medi(b) An employee who wilfully uses or
cal, dental, or optical examination or authorizes the use of a Government
treatment, when they are subject to owned or leased motor vehicle other than
quarantine imposed by local health aupassenger carrying for other than official thorities, or when they are required to purposes is subject to disciplinary action
give care to a member of their immediate up to and including removal.
family who has a contagious disease. (c) Employees shall not store Govern- (d) Agency officials have the authority ment-owned or leased motor vehicles in to transfer and reassign employees or near their private residences or use within their respective jurisdictions such vehicles for transportation between whenever necessary to meet operational their residences and places of employ- needs. Employees have an obligation to ment unless such storage or use shall the Department to accept transfers and changes in assignment. Failure to ac- (j) An employee concerned in any way cept a transfer or reassignment may re- with the administration of acts regusult in the separation of the employee. lating trading in commodities for future
(e) Any money, property, or other delivery, programs for the purchase or thing of value received by or coming sale of commodities, price support prointo custody of an employee in connec- grams, commodity loan programs, or tion with the discharge of his duties other programs which directly affect must be accounted for, deposited or market prices of agricultural commodiotherwise disposed of in accordance with ties shall not, directly or indirectly, established procedures.
speculate in any agricultural commodity. (f) Personal property offered for sale (k) No employee of the Department by the Department may be purchased by shall participate directly or indirectly in employees only when the sale of such any transaction concerning the purchase property is based upon competitive bids, or sale of corporate stocks or bonds, provided that no purchase may be made, commodities, or other property for specueither directly or indirectly, by the em- lative purposes if such action might tend ployee who was formerly accountable for to interfere with the proper and imthe property, who formerly used the partial performance of his duties or bring property, or who was in any way con- discredit upon the Department. Emnected with its condemnation, declara- ployees are not prohibited by this paration as excess, or sale, except:
graph from making bona fide invest(1) Surplus perishable products may ments. be sold to employees at the best price
$ 0.735-26 Miscellaneous statutory proobtainable in quantities not exceeding
visions. the needs of their immediate households. (2) Special clothing and other articles
The attention of each employee is diof personal equipment purchased for the
rected to the following statutory proexclusive use of and fitted to an individ
visions: ual employee may, when not otherwise
(a) House Concurrent Resolution 175, usable by the Department and in all re
85th Congress, 2d Session, 72 Stat. B12, spects surplus to the needs of the Gov
the "Code of Ethics for Government ernment, be sold to such employee at
Service.” the best price obtainable in the event
(b) Chapter 11 of Title 18, United of his separation from the Service or
States Code, relating to bribery, graft, permanent assignment to duties not re
and conflicts of interest. quiring such clothing or equipment.
(c) The prohibition against lobbying (g) An employee shall not take any
with appropriated funds (18 U.S.C, 1913).
(d) The prohibitions against disaction which might prejudice the Gov
loyalty and striking (5 U.S.C. 7311, 18 ernment's interest in a criminal or civil
U.S.C. 1918). case.
(e) The prohibition against the em(h) Except as authorized by the Di
ployment of a member of a Communist rector of Personnel employees may not organization (50 U.S.C. 784). solicit, make collections or canvass for (f) The prohibitions against: the sale of any article or distribute (1) The disclosure of classified inliterature or advertising matter in any formation (18 U.S.C. 798, 50 U.S.C. 783); space occupied by the Department. Em- and ployees may not solicit money nor sell (2) The disclosure of confidential intickets to persons outside the Govern- formation (18 U.S.C. 1905). ment for the benefit of any organization (g) The provision relating to the of the Department of Agriculture. No habitual use of intoxicants to excess (5 publication of any such organization U.S.C. 7352). shall contain any commercial advertis- (h) The prohibition against the mising whatsoever and the cost of such pub- use of a Government vehicle (31 U.S.C. lications must be fully paid by the or- 638a). ganization or association.
(i) The prohibition against the misuse (1) An employee shall not at any time of the franking privilege (18 U.S.C. 1719). conduct himself in a manner that might (j) The prohibition against the use of cause embarrassment to or criticism of deceit in an examination or personnel the Department or interfere with the ef- action in connection with Government ficient performance of his duties.
employment (18 U.S.C. 1917).