RD Instruction 2063-H

PART 2063 -- EMPLOYEE RELATIONS AND SERVICES

Subpart H - Employee Responsibilities and Conduct

## [TABLE OF CONTENTS]{.underline}

[Sec]{.underline}. [Page]{.underline}

2063.351 Purpose. 1

2063.352 References. 1

2063.353 Policy. 2

2063.354 Definitions. 2

\(a\) Agency. 2

\(b\) Ethics Advisor (EA). 2

\(c\) Personally Identifiable Information. 3

\(d\) Office of Ethics. 3

\(e\) Supervisor.

2063.355 Responsibilities. 3

2063.356 Delegation of Authority. 3

2063.357 Employee Notification. 4

2063.358 Prohibited Activities. 4

2063.359 Attendance and Leave. 7

2063.360 Sale of Personal Property. 7

2063.361 Use of Government Vehicles. 8

2063.362 Foreign Assignments. 8

2063.363 Computers. 8

2063.364 Personally Identifiable Information. 9

2063.365 Retaliation and Reprisal. 9

2063.366 Reporting Misconduct. 10

2063.367 Other Miscellaneous Conduct Provisions. 11

\(a\) Fiscal Responsibility. 11

\(b\) Cooperation with Oversight Agencies 11

\(c\) Cooperation with Rural Development Investigations 11

\(d\) Details, Reassignments and Transfers. 12

\(e\) Firearms and Weapons. 12

\(f\) Prohibited Personnel Practices. 12

2063.368 Disciplinary or Adverse Action. 13

2063.369 - 2063.400 \[Reserved\] 13

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RD Instruction 2063-H

PART 2063 -- EMPLOYEE RELATIONS AND SERVICES

SUBPART H - EMPLOYEE RESPONSIBILITIES AND CONDUCT

§ 2063.351 [Purpose.]{.underline}

\(a\) This subpart prescribes the policies, procedures and the standards
on employees' responsibility and conduct for the Department of
Agriculture's (USDA), Rural Development employees. Although it
specifically addresses many ethics and conduct requirements, it is not
intended to cover all possible situations.

\(b\) Each Rural Development employee is required to give faithful
service to the public. This specifically includes the requirement that
each employee knows and observes the rules on employee responsibilities
and conduct stated in this Subpart.

\(c\) This Subpart is not to be construed as all-inclusive. Employees
also are subject to:

\(1\) Federal statutes;

\(2\) USDA Administrative Regulations;

\(3\) Other RD Instructions; and

\(4\) Regulations of outside authority, including but not limited to the
Office of Personnel Management (OPM) and the General Services
Administration.

\(d\) Violation of any provision of this Subpart and/or any other
regulation or procedure may result in consideration for disciplinary or
adverse action.

§ 2063.352 [References]{.underline}.

This Instruction must be used in conjunction with:

> \(a\) Title 5, U.S.C., Chapter 73, "Suitability, Security, and
> Conduct;"

DISTRIBUTION: W, S, A, L and all Employees Personnel General

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RD Instruction 2063-H

§ 2063.352 (Con.)

\(b\) Executive Orders 12674 and 12731, "Principles of Ethical Conduct
for Government Officers and Employees;"

\(c\) Title 5 CFR, Part 735, "Employee Responsibilities and Conduct;"

\(d\) Title 5 CFR, Part 2635, "Standards of Ethical Conduct for
Employees of the Executive Branch" (hereinafter referred to as
"*Standards*"); and

\(e\) Title 5 CFR, Part 8301, "Supplemental Standards of Ethical Conduct
for Employees of the Department of Agriculture" (hereinafter referred to
as "*USDA Supplement*"). Employees shall adhere to these and other
related standards, policies, and regulations promulgated by USDA and its
agencies.

§ 2063.353 [Policy]{.underline}.

It is Rural Development's policy that all employees:

> \(a\) Maintain high standards of honesty, integrity, and impartiality;
>
> \(b\) Adhere to the rules set forth in this instruction, as well as
> all instructions referenced in section 2063.352 of this instruction;
>
> \(c\) Comply with lawful supervisory direction; and
>
> \(d\) Comply with work-related laws, regulations, and policies.

## 

§ 2063.354 [Definitions]{.underline}.

\(a\) [Agency]{.underline}. Rural Development, a mission area under
USDA.

\(b\) [Ethics Advisor (EA)]{.underline}. Employees responsible for
providing ethics advice and guidance.

\(c\) [Personally Identifiable Information (PII)]{.underline}. Any
information about an individual maintained by an agency, including, but
not limited to, financial transactions, medical history, or criminal
history, and information which can be used to distinguish or trace an
individual's identity, such as their name, social security number, date
and place of birth, mother's maiden name, biometric records, etc.
including any other personal information which is linked or linkable to
an individual.

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RD Instruction 2063-H

§ 2063.354 (Con)

\(d\) [Office of Ethics (OE)]{.underline}. Office within USDA
Departmental Administration responsible for administering ethics
regulations and statutes governing employee conduct; conducting public
confidential financial disclosure reporting programs; developing and
implementing supplemental ethics policies; providing advice and
assistance to USDA employees; training employees on all ethics statutes,
regulations, and policies.

\(e\) [Supervisor]{.underline}. An employee having authority to hire,
transfer, suspend, lay off, recall, promote, discharge, assign, reward,
or discipline other employees; or having responsibility to direct them,
adjust their grievances, 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.

§ 2063.355 [Responsibilities]{.underline}.

\(a\) Agency and Human Resources are responsible for:

\(1\) Ensuring that every current employee is provided with a current
copy of this instruction within 90 days of its issuance; and

\(2\) Ensuring that every new employee is furnished a copy of this
instruction at the time of appointment, either electronically or by hard
copy.

\(b\) Supervisors are responsible for:

\(1\) Maintaining high standards of ethical conduct. They must become
familiar with and comply with the requirements in this instruction, the
*Standards*, and the *USDA Supplement*; and

\(2\) Responding to employee questions on matters covered by this
instruction, the *Standards*, and the *USDA Supplement*, and/or
referring employee ethics questions to the USDA Office of Ethics or an
appropriate EA.

§ 2063.356 [Delegation of Authority]{.underline}.

Unless otherwise stated, any authorities delegated in this instruction
may be redelegated to a level of management that has the experience
and/or training to administer the authority.

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§ 2063.357 [Employee Notification]{.underline}.

Every employee must be provided with this Instruction and information on
where to direct questions regarding its content, either electronically
or by hard copy.

§ 2063.358 [Prohibited Activities]{.underline}.

Employees are prohibited from:

\(a\) Engaging in criminal, infamous, dishonest, immoral, or notoriously
disgraceful conduct, or other conduct prejudicial to the Government at
any time.

> \(b\) Conducting or participating in any gambling activity including
> the operation of a gambling device, conducting a lottery or pool, a
> game for money or property, or selling or purchasing a numbers slip or
> ticket while on Government-owned or Government-leased property or
> while on duty for the Government. This does not preclude:

\(1\) Activities necessitated by an employee\'s official duties;

\(2\) Fundraising permitted under section 7 of Executive Order 12353 and
similar agency-approved authorities; or

\(3\) Vending or exchange of chances by licensed blind operators of
vending facilities for any lottery set for the in a State law and
authorized by section 2(a) (5) of the Randolph-Sheppard Act (20 U.S.C.
107 et seq.).

\(c\) Engaging in teaching, lecturing, or writing, as part of their
official duties performed at or for any educational institution or other
organization that discriminates because of race, creed, color, sex,
religion, age, national origin, physical or mental disability, or sexual
orientation in the admission or subsequent treatment of students.

\(d\) Engaging in teaching, lecturing, or writing, with or without
compensation, to prepare a person or class of persons for a Delegating
Examining Unit examination or an examination administered by OPM or the
Board of Examiners for the Foreign Service that depends on information
obtained as a result of the employee\'s government employment. This does
not preclude such teaching, lecturing, or writing if:

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## RD Instruction 2063-H

§ 2063.358(d) (Con.)

\(1\) Prior written authorization is obtained from the Director of OPM,
or his or her designee, or by the Director General of the Foreign
Service or his or her designee, as applicable. Employees should seek
advice from OE concerning the application of the restrictions on
compensated teaching, speaking, and writing under the *Standards*(5 CFR
section 2635.807) and the requirement to seek prior USDA approval for
outside employment under the USDA Supplement, even when authorization
has been obtained; or

\(2\) The information upon which the lesson is based has been made
available to the general public or will be made available to the general
public on request;

\(e\) Using an intoxicating substance on Government-owned or
Government-leased property (except when authorized by the Office of
Operations for the Washington, D.C. complex; the Agency Head in field
locations owned by USDA; or the Agency Head in field locations leased by
USDA or controlled by the General Services Administration (GSA), upon
concurrence by the lesser or the appropriate GSA official in accordance
with policy contained in Departmental Regulation (DR) 1630-001, "Use of
Alcoholic Beverages and Narcotics in USDA Occupied Space", or
transporting or using an intoxicating substance in a Government-owned or
leased vehicle. Prescription and over-the-counter drugs are not
prohibited when being used as directed.;

\(f\) Harassing employees by word or action, or knowingly making false
accusations against employees.

\(g\) Monitoring telephone conversations, recording telephone
conversations by device, or authorizing or permitting others under their
administrative control to monitor telephone conversations or record
telephone conversations by device, except:

\(1\) As authorized by the Inspector General or his or her designee,
with the prior consent of one party to a telephone conversation and when
necessary in a criminal investigation;

\(2\) When all parties agree in advance; or

\(3\) In the context of a telephone call center or similar operations.
In such situations, supervisors may monitor or record telephone
conversations for the purpose of evaluating customer service, with
proper notice to all parties to the communication;

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§ 2063.358 (Con)

\(h\) Utilizing any device to monitor or record non-telephone
conversations, except:

\(1\) As authorized by the Inspector General or his or her designee,
with the prior consent of one party to a non-telephone conversation and
when necessary in a criminal investigation;

\(2\) When all parties agree in advance; or

\(3\) When in the context of telephone call center or similar operation.
In such situations, supervisors may monitor or record telephone
conversations for the purpose of evaluating performance of employees
with proper notice to all parties to the communication;

\(i\) Soliciting for the sale of any article, or selling any article,
including but not limited to candy or other items for schools or
charities, kitchenware or other home furnishings, paper products,
cosmetic products; or any other items whatsoever, in person or by
distributing or posting literature, advertising material, or any other
graphic matter, in or on Government-owned or leased property, or
property occupied by USDA, unless authorized by law or regulation.

\(j\) Engaging in sexual misconduct including, but not limited to,
unwelcomed sexual advances, requests for sexual favors, and other verbal
or physical conduct of a sexual nature, when submission to or rejection
of this conduct explicitly or implicitly affects an individual\'s
employment, unreasonably interferes with an individual\'s work
performance, or creates an intimidating, hostile, or offensive work
environment.

\(k\) Failing to take appropriate action on complaints or proven acts of
sexual harassment (this applies to supervisor or managers who know or
should have known of those acts).

\(l\) Displaying discourteous conduct or disrespect to a coworker,
another Federal employee, or a member of the public when acting in an
official capacity.

\(m\) Failing to wear or use specified safety equipment, or failing to
report obvious unsafe conditions while on official duty.

\(n\) Making threats against other employees, members of the public, on
Government property.

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RD Instruction 2063-H

§ 2063.359 [Attendance and Leave]{.underline}.

\(a\) Every employee 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 non-pay status for unauthorized
absence; i.e., absence without leave (AWOL).

\(b\) Every employee must normally obtain advance authorization for any
absence from duty. Approval of leave is a discretionary matter reserved
to the supervisor. The use of leave is not a right afforded to an
employee (except rights afforded to disabled veterans), but is
conditioned on the needs of Rural Development service. When absence from
duty results from illness or an emergency, an employee is required to
notify his or her supervisor or other appropriate/designated person as
soon as possible. When an employee fails to properly receive approval
from his or her supervisor, the absence may be charged as AWOL.

\(c\) Leave is administered in accordance with 5 CFR Part 630 and
applicable USDA, Rural Development, and staff office policies.

§ 2063.360 [Sale of Personal Property]{.underline}.

\(a\) Personal property offered for sale by USDA may be purchased by
employees only when the sale of such property is based upon competitive
bids.

\(b\) No purchase may be made by an employee who:

\(1\) Was formerly accountable for the property;

\(2\) Formerly used the property; or

\(3\) Was in any way connected with its condemnation, declaration as
excess, or sale.

\(c\) The above prohibitions do not apply in the following situations:

\(1\) Surplus perishable products may be sold to employees at the best
price obtainable in quantities not exceeding the needs of their
immediate households;

\(2\) Surplus Government property may be sold to employees when it is
being sold to the general public; and

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§ 2063.360(c) (Con)

\(3\) Special clothing and other articles or personal equipment
purchased for the exclusive use of and fitted to an individual employee
may, when not otherwise usable by Rural Development and in all respects
are surplus to the needs of the Government, be sold to such employees at
the best price obtainable in the event of their separation from USDA or
permanent assignment to duties not requiring such clothing or equipment.

§ 2063.361 [Use of Government Vehicles]{.underline}.

\(a\) Every employee is prohibited, unless specifically authorized by
the agency in accordance with RD Instruction 2018-G, from storing
Government-owned or Government-leased motor vehicles at or near their
private residence or at other unauthorized locations including, but not
limited to, homes of relatives, friends or from using such vehicles for
transportation between their residence and place of employment.

\(b\) No employee shall use Government-owned or Government-leased
vehicles to transport unauthorized passengers.

\(c\) Every employee is required to wear seat belts whenever riding as
an operator or as a passenger in a truck, automobile, or other passenger
vehicle in the performance of official duties or while on official time.

\(d\) Unless authorized to do so in the performance of official duties,
every employee is prohibited from using Government-owned or
Government-leased vehicles to transport firearms or explosives.

\(e\) Employees must possess valid operators' licenses to drive
government vehicles.

§ 2063.362 [Foreign Assignments]{.underline}.

An employee serving on foreign assignment must fully comply with
Department of State's regulations governing the post to which he or she
is assigned.

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RD Instruction 2063-H

§ 2063.363 [Computers and Telecommunications Equipment]{.underline}.

\(a\) Unless an employee has specific authorization, he or she is
prohibited from accessing any USDA or Federal government electronic,
laser, or magnetic system of storing information, or computer software,
not expressly identified for public or general access. This prohibition
includes, but is not limited to computers of all types, floppy
diskettes, compact or laser discs, magnetic tapes, transmittal of chain
e-mails, and storage of music files. Employees without specific
authorization may be subject to disciplinary or adverse action
regardless of whether they use, damage, or make alterations to the
stored information.

\(b\) Every employee must adhere to the requirements of Departmental
Manual
[3525-000](http://www.ocio.usda.gov/directives/doc/DM3525-000.pdf),
"Internet and E-Mail Security" and other policies and regulations
involving the use of information technology, telecommunications
resources, and equipment owned and leased by USDA. Every employee must
comply with acceptable use policies for telecommunication equipment as
contained in DR
[3300-001](http://www.ocio.usda.gov/directives/doc/DR3300-001.pdf),
"Telecommunications and Internet Services and Use", and in Departmental
Regulation
[1710-001](http://www.ocio.usda.gov/directives/doc/DR1710-001.html),
"Interception and Monitoring of Telephone and Non-telephone
Conversations."

## 

§ 2063.364 [Personally Identifiable Information]{.underline}.

\(a\) Every employee who has access to PII of other employees,
contractors, or the general public through the course of his or her
employment at USDA is required to safeguard and protect such information
from unauthorized disclosure.

\(b\) Every employee is required to immediately report any known or
suspected breach of the PII safeguards or policies, or actual
unauthorized disclosure of PII to his or her supervisor.

\(c\) Employees must properly dispose of PII by shredding or placing in
sensitive/confidential disposal bins.

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§ 2063.365 [Retaliation and Reprisal]{.underline}.

No employee may retaliate against another, by word or action, for filing
complaints, for filing grievances under either the negotiated or
administrative grievance system, for filing complaints of
discrimination, for assisting the investigators of Rural Development, or
for engaging in any other protected activity.

## 

## To maintain a positive work environment in which conflicts are handled appropriately, and reprisal is less likely to occur, managers are responsible for:

## 

\(a\) Setting expectations for workplace behavior and interactions by
demonstrating the type of behavior that is expected and tolerated;

\(b\) Helping employees resolve differences by using respectful conflict
resolutions strategies, and refraining from taking sides;

\(c\) Being accountable for reprisal and other inappropriate/unlawful
workplace behavior;

\(d\) Staying current on Equal Employment Opportunity (EEO) policies and
respecting the rights of employees to file EEO complaints.

\(e\) Contacting the servicing Human Resources Office and/or EA for
assistance with interpretations and violations of this regulation.

## § 2063.366 [Reporting Misconduct]{.underline}. 

## 

\(a\) Every employee is required to report actions by other employees
that they know, or have a reasonable basis to believe, are violations of
law or regulation. A report may be made to the USDA Office of Inspector
General, the employee's supervisor, or any appropriate Rural Development
management official.

\(b\) Violations include, but are not limited to:

\(1\) Fraud, waste, and abuse of Government resources;

\(2\) Criminal activity of any kind;

\(3\) Violations of Federal personnel rules;

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RD Instruction 2063-H

§ 2063.366(b) (Con)

## 

## 

\(4\) Sexual harassment;

\(5\) Prohibited personnel practices; and

\(6\) Violations of this instruction, the *Standards,* or the *USDA
Supplement.*

§ 2063.367 [Other Miscellaneous Conduct Provisions]{.underline}.

> \(a\) [Fiscal Responsibility]{.underline}. Any money, property, or
> other item of value received by or coming into the custody of an
> employee in connection with the discharge of his or her duties must be
> accounted for, deposited, appropriately secured, properly maintained,
> or otherwise disposed of in accordance with established procedures.
> Fiscal responsibility includes the proper use of Government-issued
> credit cards and the timely payment of claims.
>
> \(b\) [Cooperation with Oversight Agencies]{.underline}. Every
> employee is required under Subchapter A., Part 5, Regulations,
> Investigation, and Enforcement (Rule V) to provide OPM, the Merit
> Systems Protection Board (MSPB), and the Office of Special Counsel
> (OSC), and their authorized representatives, all information and
> testimony in regard to matters arising under laws, rules, and
> regulations administered by OPM, MSPB, and OSC, the disclosure of
> which is not otherwise prohibited by law or regulation.

## 

> \(c\) [Cooperation with Rural Development Investigations]{.underline}.
> Every employee is required to provide all information he or she
> possesses to authorized representatives of USDA 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. Such activities include participating in
> interviews requested by authorized representatives of USDA and
> furnishing signed, sworn/affirmed statements to the authorized
> representatives. Failure to respond to requests for information,
> including the furnishing of signed sworn/affirmed statements in a
> timely manner, or failure to appear as a witness in official
> proceedings may result in disciplinary action. (Nothing set forth
> herein shall be deemed to infringe upon an employee\'s right to invoke
> the protection of the Fifth Amendment to the United States
> Constitution with respect to self-incrimination in a criminal
> investigation or for a bargaining unit employee to request union
> representation in accordance with his or her rights under 5 USC
> section 7114 (a)(2)(B) -- Weingarten Rights.)
>
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§ 2063.367 (Con)

\(d\) [Details, Reassignments and Transfers]{.underline}. Supervisors
have the authority to transfer, detail, and reassign an employee
whenever necessary to meet operational needs, subject to applicable
regulations and collective bargaining agreement provisions. Failure to
accept a transfer, detail, or reassignment may result in an adverse
action including separation of the employee.

\(e\) [Firearms and Weapons]{.underline}. In accordance with [18 USC
section
930](http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000930----000-.html)
and its exceptions, every employee is prohibited from knowingly
possessing or causing the presence of a firearm or other dangerous
weapons in a Federal facility (i.e. a building or parking lot or part
thereof, owned, or leased by the Federal government, where Federal
employees are regularly present for the purpose of performing their
official duties), or in a Federal court facility.

## 

\(f\) [Prohibited Personnel Practices]{.underline}. Every employee who
has the authority to take, direct others to take, recommend, or approve
any personnel action (Prohibited Personnel Practices, [5 USC section
2302
(b)](http://frwebgate3.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=54572216406+0+0+0&WAISaction=retrieve)),
is prohibited from:

## 

\(1\) Discriminating on the basis of race, color, religion, sex, age,
national origin, disability, marital status, or political affiliation;

\(2\) Soliciting or considering employment recommendations based on
factors other than personal knowledge or records of job-related
abilities or characteristics;

\(3\) Coercing the political activity of any person;

\(4\) Deceiving or willfully obstructing any person from competing for
employment;

\(5\) Influencing any person to withdraw from job competition for the
purpose of improving or injuring the prospects of any other person for
employment;

\(6\) Granting any preference or advantage not authorized by law, rule,
or regulation to improve or injure the prospects of any particular
person for employment;

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RD Instruction 2063-H

§ 2063.367(f) (Con)

\(7\) Engaging in nepotism (hiring, promoting, or advancing relatives);

\(8\) Taking reprisal for whistleblowing;

\(9\) Taking reprisal for the exercise of an appeal right;

\(10\) Discriminating based on personal conduct which does not adversely
affect the performance of the employee, applicant, or others;

\(11\) Violating veteran's preference requirements; or

> \(12\) Violating any law, rule, or regulation implementing or directly
> concerning merit system principles.

## § 2063.368 [Disciplinary or Adverse Action]{.underline}. 

## 

> \(a\) A violation of any of the responsibilities and conduct standards
> contained in this instruction may be cause for disciplinary or adverse
> action.
>
> \(b\) Disciplinary or adverse action shall be effected in accordance
> with applicable law and regulations.
>
> § 2063.369 -- 2063.400 \[Reserved\].

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