[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR8301.103]

[Page 870-871]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER LXXIII--DEPARTMENT OF AGRICULTURE
 
PART 8301_SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF 
THE DEPARTMENT OF AGRICULTURE--Table of Contents
 
Sec. 8301.103  Additional rules for employees of the Farm Service Agency.

    (a) Application. This section applies only to Farm Service Agency 
(FSA) personnel who are Federal employees within the meaning of 5 U.S.C. 
2105. This section does not apply to FSA community committee members, 
county committee members, and county office personnel, who are either 
elected to their positions or are employees of community or county 
committees established under 16 U.S.C. 590h. For rules applicable to FSA 
community committee members, county committee members, and county office 
personnel, see 7 CFR part 7.
    (b) Definition of FSA program participant. For purposes of this 
section, the phrase ``FSA program participant,'' includes any person who 
is, or is an applicant to become, an FSA borrower, FSA grantee, or 
recipient of any other form of FSA financial assistance available under 
any farm credit, payment or other program administered by FSA.
    (c) Prohibited real estate purchases. (1) No FSA employee, or spouse 
or minor child of an FSA employee, may directly or indirectly purchase 
real estate held in the FSA inventory, for sale under forfeiture to FSA, 
or from an FSA program participant.

[[Page 871]]

    (2) Waiver. A request for an exception to the prohibition found in 
paragraph (c)(1) of this section may be submitted jointly by the FSA 
program participant and FSA employee (whether on his or her own behalf, 
or on behalf the employee's spouse or minor child), to the FSA State 
Executive Director. The FSA State Executive Director may grant a written 
waiver from this prohibition based on a determination made with the 
advice and clearance of the DAEO and the FSA headquarters ethics advisor 
that the waiver is not inconsistent with part 2635 of this title nor 7 
U.S.C. 1986 nor otherwise prohibited by law and that, under the 
particular circumstances, application of the prohibition is not 
necessary to avoid the appearance of misuse of position or loss of 
impartiality or otherwise to ensure confidence in the impartiality and 
objectivity with which agency programs are administered. A waiver under 
this paragraph may impose appropriate conditions, such as requiring 
execution of a written disqualification.
    (d) Prohibited transactions with FSA program participants. (1) 
Except as provided in paragraph (d)(2) of this section, no FSA employee 
or spouse or minor child of an FSA employee may directly or indirectly: 
sell real property to; lease real property to or from; sell to, lease to 
or from, or purchase personal property from; or employ for compensation 
a person whom the FSA employee knows or reasonably should know is an FSA 
program participant directly affected by decisions of the particular FSA 
office in which the FSA employee serves.
    (2) Exceptions. Paragraph (d)(1) of this section does not apply to:
    (i) A sale, lease, or purchase of personal property, if it involves:
    (A) Goods available to the general public at posted prices that are 
customary and usual within the community; or
    (B) Property obtained pursuant to public auction; or
    (ii) Transactions listed in (d)(1) of this section determined in 
advance by the appropriate FSA State Executive Director, after 
consulting with the FSA Headquarters ethics advisor, to be consistent 
with part 2635 of this title and otherwise not prohibited by law.
    (e) Additional prior approval requirements for outside employment. 
Any FSA employee not otherwise required to obtain approval for outside 
employment under Sec. 8301.102 shall obtain written approval in 
accordance with the procedures and standards set forth in paragraphs (c) 
and (d) of Sec. 8301.102 before engaging in outside employment, as that 
term is defined by paragraph (b) of Sec. 8301.102, with or for a 
person:
    (1) Whom the FSA employee knows, or reasonably should know, is an 
FSA program participant; and
    (2) Who is directly affected by decisions made by the particular FSA 
office in which the FSA employee serves.

[65 FR 58638, Oct. 2, 2000, as amended at 67 FR 58319, Sept. 16, 2002]