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to the Civil Service Commission on matters covered by the regulations in this part. He shall have overall responsibility for coordination of the Department's counseling and advisory service, and for assuring advice and interpretations on questions of conflicts or apparent conflicts of interest and other matters covered by the regulations in this part are available to Deputy Counselors and Assistant Deputy Counselors hereinafter designated.

(b) The Director of Personnel and the Chief, Security and Employee Conduct Division, Office of Personnel, shall be Department Deputy Counselors.

(c) Agency Heads will be Agency Deputy Counselors. If necessary in order ́to assure that counseling and advisory service is available to all Washington and field employees, the Agency Head may designate as Agency Assistant Deputy Counselors such employees as are qualified and in a position to give authoritative advice and guidance on most matters covered by this part.

(d) 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 issuance of this part, and periodically thereafter. A new employee or new special Government employee must be notified at or before the time of his entrance on duty.

(e) Each new employee shall be furnished at the time of hiring a copy of 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. § 0.735-4

Agency supplementation.

Agencies of the Department may issue such additional regulations as are necessary and consistent with the regulations in this part, subject to the prior approval of the Director of Personnel. Agencies are expected to issue such supplemental regulations, with respect to employees assigned to particular programs, as are necessary to prevent such employees from being in a potential conflict of interest situation or a situation giving the appearance of a conflict of interest. Such Agency regulations shall be furnished to employees in the same manner as the regulations in this part.

$ 0.735-5 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 a conflicting interest;

(3) Disqualification for a particular assignment; or

(4) Disciplinary action which may be in addition to any penalty prescribed by law.

(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 Prohibited conduct-gen

§ 0.735-11

eral.

(a) An employee 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 gain;

(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 Government.

(b) Employees are specifically prohibited from:

(1) Engaging in criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct, or other conduct prejudicial to the Government;

(2) Betting or participating in any gambling activity, including the operation of a gambling device, conducting a lottery or pool, or selling or buying a number slip or ticket, while on Government-owned or leased property or while on duty for the Government;

(3) Consuming intoxicating beverages on Government-owned or leased property, or transporting such beverages in Government-owned or leased vehicles, or using such beverages at any time or place to the extent that it adversely affects performance of official duties;

(4) Lending funds at usurious interest rates;

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(a) An employee shall not engage in ny outside employment or other outside tivity not compatible with the full and -oper discharge of the duties and reponsibilities of his Government emoyment, whether on his own behalf, or r private individuals, firms, companies, stitutions, or State or local governents. Incompatible activities include ut are not limited to:

(1) Outside employment or activity hich may result in, or create the apearance of, a conflict of interests;

(2) Outside employment or activities hich tend to impair an employee's physal or mental capacity to perform his overnment duties in an acceptable anner, or prevent him from rendering ll-time service to the Government; (3) Outside work or activity which ay be construed by the public to be ficial acts of the Department, or of a ature closely paralleling the work of the epartment;

(4) Outside work or activity which volves participation in a commercially Donsored broadcast, or which relates to written discussion of policies or official ork of the Department, unless authored in advance by the Office of formation;

(5) Outside work or activity which volves permission, or the appearance I permission, to use an employee's name the advertising of organizations commercializing the results of research conucted by the Department, regardless of ny merits which such enterprises may ppear to possess.

(6) Outside work or activity which may involve the use of information ecured as the result of employment in ne Department and to the detriment of ne public service; and

(7) Any outside work or activity which hay tend to bring criticism on, or cause mbarrassment to, the Department.

(b) Employees are specifically proibited from acting as the agent of a oreign principal registered under the Toreign Agent's Registration Act (18 J.S.C. 219).

(c) No employee, whether in a duty or nonduty status, shall accept employment, with or without compensation, from any foreign government, corporation, partnership, or individual without written prior approval from his Agency Head.

(d) It is the policy of the Department to grant permission to an employee 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, provided:

(1) Prior written authorization is obtained from the Agency Head;

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

(3) Such teaching, 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 in the public interest; and

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

(e) Articles prepared officially are the property of the Government, and authors thereof may not accept payment for such articles published in outside journals, magazines, or newspapers.

(f) Employees may not accept honoraria for addresses on radio or television or other appearances performed as part of their official duties.

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

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Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402

There is enclosed $

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FEDERAL REGISTER $25.00 domestic; 36.00 foreign ($2.50 monthly) CODE OF FEDERAL REGULATIONS $195.00 domestic; $245.00 foreign

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Make check payable to the Superintendent of Documents

Title 7-Agriculture

(This book contains Parts 0 to 45)

SUBTITLE A-OFFICE OF THE SECRETARY OF AGRICULTURE.

SUBTITLE B-REGULATIONS OF THE Department of AGRICULTURE:

Part 0

CHAPTER I-Consumer and Marketing Service (Standards, Inspections,
Marketing Practices), Department of Agriculture--

26

CROSS REFERENCES: Animal and Plant Health Service, Department of Agriculture, see 7 CFR Chapter III, 9 CFR Chapter I.

Bureau of Customs, Department of the Treasury, see 19 CFR Chapter I.

Commodity Exchange Authority (Including Commodity Exchange Commission), Department of Agriculture, see 17 CFR Chapter I.

Commodity Credit Corporation, Department of Agriculture, see 7 CFR Chapter XIV.
Farm Credit Administration, see 12 CFR Chapter VI.

Farmers Home Administration, Department of Agriculture, see 7 CFR Chapter XVIII.

Federal Crop Insurance Corporation, see 7 CFR Chapter IV.

Bureau of Sport Fisheries and Wildlife, Fish and Wildlife Service, Department of the Interior, see 50 CFR Chapter I.

Food and Drug Administration, Department of Health, Education, and Welfare, see 21 CFR Chapter I.

Forest Service, Department of Agriculture, see 36 CFR Chapter II.

Rural Electrification Administration, Department of Agriculture, see 7 CFR Chapter XVII.
Soil Conservation Service, Department of Agriculture, see 7 CFR Chapter VI.
United States Tariff Commission, see 19 CFR Chapter II.

NOTE: Other regulations issued by the Department of Agriculture appear in Chapters II to XXVI of Title 7, Title 9, Chapter I of Title 17, Chapter II of Title 36, Chapter 4 of Title 41.

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