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Subtitle A–Office of the
EDITORIAL NOTE: For nomenclature changes affecting this Subtitle, see 37 FR 6327, 28, 1972.
5 6 7
Employee responsibilities and conduct
culture and general officers of the Department ..
administered by agricultural stabilization and
conservation county committees ...
tion and conservation county and community
committees 4-H Club name and emblem ..... Award of fellowships to applicants from other American republics .......
...... Classification, declassification, and safeguarding
of classified information ..................... Sales of agricultural commodities for foreign cur
rencies .... [Reserved) Setoffs and withholdings Determining the primary purpose of certain pay
ments for Federal tax purposes.......... Nondiscrimination ............ Education programs or activities receiving or ben
efitting from Federal financial assistance.... Nondiscrimination on the basis of handicap in
programs and activities receiving or benefiting from Federal financial assistance
12 13 14
Part 16 17
19 20 21
393 396 401
Limitation on imports of meat........
under Title 1 of the Agricultural Trade Develop
ment and Assistance Act of 1954, as amended......
erative Extension Services...........
Acquisition Policies Act of 1970......
22 23 24
408 427 433
437 454 466
PART 0-EMPLOYEE RESPONSIBILITIES AND CONDUCT
Subpart A-General Provisions
Sec. 0.735-1 Purpose. 0.735-2 Definitions. 0.735-3 Counseling and advisory service. 0.735-4 Agency supplementation. 0.735-5 Remedial action. 0.735-6 Responsibilities of supervisors.
Subpart B-Conduct and Responsibilities of
Employees 0.735-11 Prohibited conduct-general. 0.735-12 Gifts, gratuities, entertainment,
and favors. 0.735-13 Outside employment and activi
ties. 0.735-14 Conflict of interest. 0.735-15 Attendance and leave. 0.735-16 Use of Government property, fa
cilities, and services. 0.735-17 Use of vehicles. 0.735-18 Indebtedness. 0.735-19 Political activity. 0.735-20 Use, protection, and release of in
formation. 0.735-21 Activities with regard to farm or
ganizations. 0.735-22 Prohibitions upon employees serv
ing abroad. 0.735-23 Miscellaneous provisions. 0.735-24 Miscellaneous statutory provi.
Subpart D-Administrative Enforcement of
Restriction on Post-Employment Activities 0.735-51 Purpose. 0.735-52 Notice of violation. 0.735-53 Initiation of administrative
action. 0.735-54 Hearing officer. 0.735-55 Department representative. 0.735-56 Time, date and place of hearing. 0.735-57 Representation. 0.735-58 Rights of parties at hearing. 0.735-59 Oaths and rules of evidence. 0.735-60 Transcript. 0.735-61 Briefs and discovery. 0.735-62 Open hearing. 0.735-63 Ex-parte communications. 0.735-64 Administrative record. 0.735-65 Burden of proof. 0.735-66 Initial decision. 0.735-67 Appeal. 0.735-68 Final decision. 0.735-69 Sanctions. 0.735-70 Finality.
AUTHORITY: Executive Order 11222 of May 8, 1965, 30 FR 6469, 3 CFR, 1965 Supp.; 5 CFR 735.104; 18 U.S.C 207(j), unless otherwise noted.
SOURCE: 43 FR 43431, Sept. 26, 1978, unless otherwise noted.
Subpart A-General Provisions
Subpart C—Statements of Employment and
0.735-31 Employees required to submit
statements under the Executive order. 0.735-32 Exceptions. 0.735-33 Identification of employees re
quired to submit statements. 0.735-34 Time and place for submission of
employees' statements. 0.735-35 Supplementary statements. 0.735-36 Types of interests to be reported. 0.735-37 Information prohibited. 0.735-38 Interests of employee's relatives. 0.735-39 Information not known by em
ployee. 0.735-40 Effect of employee's statement. 0.735-41 Specific provisions for special
Government employees. 0.735-42 Review of statements and deter
mination of conflicting interests. 0.735-43 Protection of employees' state
ments. 0.735-44 Financial disclosure under the
Ethics in Government Act.
8 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 through informed judgment is indispensable to the maintenance of these standards. To accord with these con: cepts, this part sets forth the regula tions for employees of the U.S. Department of Agriculture, prescribing standards of conduct and responsibil.. ities and governing the reporting of employment and financial interests.
ness, personally owned business, partnership, corporation, or any work perfomed with or without compensation.
(i) “Members of family" means those blood and in-law relations who are residents of the employee's household.
(j) “The Executive Order” means Executive Order 11222 of May 8, 1965.
$ 0.735-2 Definitions.
In this part:
(a) “Agency” means an independent subagency or departmental staff office of the U.S. Department of Agriculture.
(b) "Agency Head" means the Administrator or Chief Executive Officer of an independent subagency or departmental staff office.
(c) “Conflict-of-interest” means a situation in which a Federal employee's private interest, usually of an economic nature, conflicts with his or her Government duties and responsibilities.
(d) “Appearance of conflict-of-interest” means a situation where it could reasonably be concluded that an employee's private interest is in conflict with his or her Government duties and responsibilities, even though there may not actually be such a conflict.
(e) “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.
(f) “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.
(g) “Supervisor” means an employee having authority, in the interest of an Agency, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees or responsibility to direct them, or to adjust their grievance, or effectively recommend such action, if in connection with the foregoing the exercise of authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
(h) “Outside employment or activity” means any outside work, service, or activity performed by an employee other than in the performance of official duties. It includes but is not limited to such activities as writing, editing, publishing, teaching, lecturing, consulting services, self-employment, working for another employer, management or operation of a private busi
$ 0.735-3 Counseling and advisory service.
(a) The General Counsel shall designate an employee of the Office of the General Counsel to serve as the Department Counselor and designee to the Civil Service Commission on matters covered by the regulations in this part. Employees shall be notified semiannually of the name and title of the Department Counselor and also upon the designation of a new employee to that position. The Department Counselor shall have overall responsibility for coordination of the Department's counseling and advisory service, and for assuring advice and interpretations on questions of conflict 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 Relations 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 perodically thereafter. A new employee or new special Government employ. ee must be notified at or before the time of his or her 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.
(f) The regulations in this part will be discussed with each employee annually in conjunction with the employee's performance evaluation. Each employee will certify on the performance evaluation form or other Agency form that he or she has a copy of this part and has discussed it with his or her supervisor.
(g) In addition to the counseling service set forth in paragraphs (a) through (f) of this section, 5 CFR 738 prescribes the naming of a Designated Agency Ethics Official (DAEO) to administer Title II of the Ethics in Government Act of 1978, to coordinate and manage the agency's ethics program, and to provide liaison with the Office of Government Ethics with regard to all aspects of the Ethics program. The Director of Personnel has been designated by the Secretary of Agriculture to serve as DAEO for USDA. The responsibilities and duties of the DAEO can be found in 5 CFR 738.203.
$ 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.
$ 0.735-6 Responsibilities of supervisors.
(a) Supervisors, because of their dayto-day relationships with employees, are responsible to a large degree for maintaining high standards of ethics and conduct. They must become familiar with the regulations in this part and apply the standards to themselves and employees they supervise.
(b) Supervisors shall advise an employee who comes to them with questions on matters covered by these regulations, or when they consider it appropriate, refer the employee or the questions to a counselor designated in $ 0.735-3.
(5 U.S.C. 301; Title II of Pub. L. 95-521, 92 Stat. 1836, as amended, 5 U.S.C. app.; 5 CFR 738) (43 FR 43431, Sept. 26, 1978, as amended at 47 FR 10509, Mar. 11, 1982]
Subpart B-Conduct and Responsibilities of Employees
8 0.735-4 Agency supplementation.
Agencies of the Department may issue such additional regulations as are necessary, consistent, and of necessity more restrictive than 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.
8 0.735-11 Prohibited conduct-general.
(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.