Ethics
Definitions of Ethics Terms
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A
Anti-Lobbying Act
18 U.S.C. Section 1913, prohibits the use of appropriated funds, directly
or indirectly, to pay any personal service, advertisement, telegram, telephone,
letter, printed or written matter or other device intended to influence
a member of Congress.
Appearance of Conflict-of-Interest
A situation in which it could reasonably be concluded that an employee's
private interest is in conflict with the employee's Government duties
and responsibilities, even though there may not actually be such a conflict.
Authorized Departmental Officer's Designated Representative (ADODR)
An individual who is granted a written limited delegation of authority
to represent the Authorized Departmental Officer (ADO) in the administration
of an agreement. The individual provides administrative oversight of activities
that occur under the agreement and provides technical interactions on
behalf of the Agency. All ADODRs are required to file a Financial Disclosure
Report.
B
Bribery
The offering, giving, receiving, or soliciting of anything of value to
influence an official act of an employee. Often bribery attempts are very
subtle and are preceded by attempts to do small favors for, or give gifts
to, an employee. Bribery is a violation of the law. Solicitation or acceptance
of a bribe by a Federal employee is one of the most serious breaches of
the public trust.
C
Charitable Organization
An organization which is qualified with respect to deductible charitable
contributions under 26 U.S.C. 170(c) because it is organized or operated
exclusively for scientific, literary, educational or another specified
purpose. It includes, but is not limited to, an organization exempt from
Federal taxation.
Compensation
Any form of consideration, remuneration or income, including royalties,
transportation, lodging, and meals, whether provided "in kind,"
by purchase of a ticket, by payment in advance or by reimbursement after
the expense has been incurred.
Conflict-of-Interest
A situation in which a Federal employee's private interest conflicts with
the full, fair, and impartial performance of Government duties and responsibilities.
In other words, a situation in which a Federal employee's private interest,
usually of an economic nature, conflicts with his or her Government duties
and responsibilities. Conflict-of-interest statutes are contained in Chapter
11, Sections 202-209 and 216 of Title 18 U.S. Code.
Consultant
A person referred to for expert or professional advice.
Cooperative Research and Development Agreement (CRADA)
An official document that provides for cooperative research, licensing
of patents made under these agreements, and the transfer of a technology
from the Agency to another party or from another party to the Agency.
A CRADA between a commercial firm and the Agency includes what provisions
on research, development, and commercialization will be done by each party,
what the Agency will contribute, what the commercial firm will contribute,
confidentiality, publication of results, inventions, copyrights, and liability.
Scientists and the Agency share licensing fees and royalties.
Covered Position
Position for which the incumbent must file a Financial Disclosure Report.
D
DAEA
Designated Area Ethics Advisor. Assistant Area Directors, Associate Area
Directors, or Area Administrative Officers perform this function in ARS.
Disqualification
A mechanism used to resolve an apparent or actual conflict of interest.
A disqualified employee signs a written statement reflecting the scope
of the disqualification and the precise nature of the conflicting interest
or activity. The Reviewing Official monitors compliance with the statement.
E
Ethics in Government
That component of ethics which deals with issues of Federal employee responsibilities
and conduct and situations that may involve conflict of interest.
Ethics in Science
That component of ethics which deals with scientific integrity, falsification
of data, plagiarism, and scientific misconduct.
Ethics Reform Act
The most recent Ethics Reform Act was enacted in 1989 and is referred
to as Public Law 101-194. It includes provisions governing post-employment
restrictions on the Executive and Legislative Branch; financial disclosure
of federal personnel; restrictions on gifts and travel; as well as amendments
to Title 18 of the United States Code.
Exception
A case to which a rule, general principle, etc. does not apply.
Exclusion
Something that is not included.
F
Financial Interest
Broadly defined, any monetary interest of a Government employee, the spouse,
minor child, general partner, or entity the employee serves as officer,
director, trustee, general partner, or employee.
Freedom of Information Act (FOIA)
Disclosure statute, 5 U.S.C. 552, designed to allow ease of access to
documents held by the administrative agencies of the Executive Branch
of the Federal Government.
G
Gift
Almost anything of monetary value, unless consideration of equal or greater
value is received by the donor, including any gratuity, favor, discount,
entertainment, hospitality, loan, forbearance, or other item having monetary
value such as services as well as gifts of training, transportation, local
travel, lodgings, and meals. The following things are not considered gifts:
loans and discounts available to the public or to all Federal employees
for their private use; inexpensive refreshments, plaques, certificates,
trophies, rewards, prizes, and anything paid for by the Government or
secured by the Government under Government contract.
H
Hatch Act
The Hatch Act, Title 5 U.S. Code Chapter 73, prohibits Federal employees
from engaging in certain political activities. See the Office
of Special Counsel website for more information.
Honoraria Ban of 1991
Special Note: On February 22, 1995, the Supreme Court declared the Honoraria
Ban unconstitutional for employees graded GS-15 and below. One year later,
on February 26, 1996, the Department of Justice determined prohibitions
of the Honoraria Ban could not be enforced against any employee. Regardless
of the sunset of the Honoraria Ban two statutory prohibitions remain.
All employees are prohibited from accepting compensation from outside
sources for services as employees of the Executive Branch. Except in very
specific instances, all employees are prohibited from receiving compensation
for teaching, speaking, or writing that relates to their official duties.
Honorarium
Payment of money or anything of value for an appearance, speech, article,
or service.
I
Imputed Interest
The financial interests of the following persons which could cause a conflict
of interest for an employee:
- The employee's spouse;
- The employee's minor child;
- The employee's general partner;
- An organization or entity which the employee serves as an officer,
director, trustee, general partner or employee; and
- A person with whom the employee is negotiating for or has an arrangement
concerning prospective employment.
Interested Party
Less preferred term for a prohibited source.
Invention
Any process, art, method, machine, manufacture, design, composition of
matter, or any new and useful improvement thereof, or any variety of plant
or other biological entity which is patentable or otherwise protectable
under the laws of the U.S.
J
K
L
License
A grant to commercially make, use, and/or sell an invention.
Exclusive License
The licensing of an invention to only one licensee.
Nonexclusive License
The licensing of an invention to more than one licensee.
Partially Exclusive License
A license granted occasionally to a very limited number of licensees,
for example, for specific fields of use or in a specific geographic
area, or both.
M
N
Nonofficial Information Material
Information on the official work of an Agency employee that was not prepared
on official Government time for non-USDA publication or presentation.
O
Official Duty Activity
Any activity that may be performed during work hours, using Government
resources and at Government expense.
OGE Form 450
http://www.usda-ethics.net/forms/index.htm
Confidential Financial Disclosure Report. Must be filed by employees in
certain designated positions in which duties include contracting, procurement,
administration of grants and licenses, regulating or auditing of non-Federal
entities, or activities having a substantial economic effect on non-Federal
entities.
OPM Standards of Conduct Regulations
5 C.F.R. Part 735, a reissue of certain uniform standards of conduct regulations,
complementing the uniform standards of ethical conduct issued by the Office
of Government Ethics (OGE) (5 C.F.R. Part 2635). The OPM (Office of Personnel
Management) regulation provides for restriction on certain gambling activities,
conduct prejudicial to the Government, and the special preparation of
persons for civil service and foreign service examinations, topics not
included in OGE's Standards of Ethical Conduct.
Outside Activity/Employment
Any work, service or activity that is not part of an employee's official
duties. It includes, but is not limited to, writing, editing, publishing,
teaching, lecturing, consulting services, self- employment, working for
another employer, management or operation of a private business, personally-owned
business, partnership, or corporation or any work performed with or
without compensation.
P
Patent
A right that a government grants to a specific person or group to allow
the holder to control who makes or sells the product or uses the process
covered by the patent and to prosecute anyone doing any of these things
without a license.
Post-Employment Restrictions
Regulations that prohibit former Federal employees from communicating
with current Federal employees with the intent of influencing their/the
Agency's actions in matters in which the former employee participated
while working for the Federal Government.
Professional Association
A nonprofit, cooperative, voluntary organization of individuals having
a common background in a professional, technical, or managerial field
of work, requiring knowledge and skills normally acquired only after extensive
training or education. Officer positions include, but are not limited
to: President, vice-president, secretary, treasurer, trustee, board member,
committee chairman, and editor-in-chief.
Prohibited Source
Any entity having financial dealings with the USDA, seeking to do business
with the USDA, conducting activities regulated by the USDA or having interests
that may be "substantially affected" by the performance or nonperformance
of a particular employee's assigned duties. A "prohibited source"
may also be an organization a majority of whose members fit any of the
above categories.
Q
R
Recusal
Less preferred term for a disqualification.
S
SF-278
http://www.usda-ethics.net/forms/index.htm
Public Financial Disclosure Report must be filed by employees in certain
designated positions such as SES, SL, and ST pay plan employees, or employees
paid 120% of the GS-15 level.
Standards of Ethical Conduct for Employees of the Executive Branch
5 C.F.R. Part 2635, ethical conduct standards rule issued by the U.S.
Office of Government Ethics with an effective date of February 3, 1993.
The regulations provide guidelines by which a reasonable person with knowledge
of all of the relevant facts can make an ethical decision.
T
Technology Transfer
The development, utilization, and commercialization of research.
Technology Transfer Act of 1986
Public Law 99-502, promotes technology transfer by authorizing Government-operated
laboratories to enter into cooperative research agreements with other
Federal agencies, units of State or local government, industrial organizations,
public and private foundations, or nonprofit organizations and mandates
that inventors receive at least 15% of the royalties received by a Federal
agency from the licensing or assignment of inventions under cooperative
research and development agreements, if the inventor was an employee of
the agency at the time the invention was made.
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