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Mr. PREYER. "Listing of all such cases.”
Mr. PREYER. I am glad you were here and able to hear this discussion today. I hope that, perhaps, it will help encourage you to a more prompt answer. Perhaps you understand a little bit more what we are driving at than just the cold letter indicated.
Mr. KosTMAYER. I wonder if I could just make one brief comment before we adjourn.
The Chairman and Mr. McCloskey both-and I think with some justificationhave made a point over whether we may be jeopardizing or prosecuting people for operating under standards which are no longer in effect.
I think that is one of the issues involved in our inquiry whether or not those standards are, indeed, still in effect. I think there are people in Congress and people in the country who believe that the standards under which Mr. Kearney may have acted are still, indeed, in effect, that they have really not changed.
I hope that that could be one of the things with which we could concern ourselves. It certainly concerns me and I know it concerns other people in the country and in the Congress.
Mr. PREYER. That's a good point. I would hope the Attorney General would address himself to that as a major point.
Mr. Weiss. Mr. Chairman, could we perhaps set a tentative timetable for when we would expect the letter from the Justice Department in response, and when we would schedule this subcommittee-say within a week after receipt of that letter?
Such a schedule would make very clear to the Department that, in fact, we are going to be pursuing this matter expeditiously.
Mr. PREYER. The best estimate we have right now from Mr. Calamaro is 30 days. I hope he will go back and give that some careful consideration and see if we can't speed that up a little bit.
Shall we consider that 30 days is an outside limit?
I viewed that letter as an invitation to testify. Rather than responding to the letter, we were going to respond by testimony to what the committee had in mind. That is what we are hoping to put together in this 30 days.
Mr. MCCLOSKEY. Mr. Calamaro, I know you don't have the letter before you but it contains the gentle language of the Chairman, as follows: "As part of your prepared testimony, would you please provide the subcommittee with ..." and then lists the information.
I think you might consider that more than an invitation.
“Will you please provide to the subcommittee ..." But, I don't want to take advantage of you because you con't have the letter in front of you.
Mr. KOSTMAYER. Mr. Chairman, as a member of the majority, I want to associate myself with the remarks of the gentleman from California. I agree with him.
Mr. PREYER. For the timetable, before we recess right now, we have discussed 30 days as an outside limit, but we would want to work with you, Mr. Calamaro, to try to shorten that period.
I think Mr. McCloskey has been articulate on the point that the Justice Department ought to be able to respond earlier than that.
Therefore, we will be in touch with you sooner than that.
APPENDIX 2.-28 CFR 45.735, STANDARDS OF CONDUCT FOR
EMPLOYEES OF DEPARTMENT OF JUSTICE
Chapter Department of Justice
PART 45-STANDARDS OF CONDUCT
vato Anancial interests.
employees in clalms against and
ployees in matters connected
by United States. 46.735-0 Privato professional practico and
outside employment. 46.735-10 Improper use of oficial Informa
tion. 45.735-11 Investments. 46.735–12 Speeches, lectures, and publica
tions. 45.735-13 Misuse of omcial position and
coercion. 46.735-14 Gilts, entertainment, and favors, 46.735–16 Employee Indebtedness. 45.735-16 Misuse of Federal property. 45.735-17, Gambling. betting, and lotteries,
Title 28— Judicial Administration
Sec. 45.795-18 Conduct prejudicial to the Gov.
ernment. 45.735-19 Partlsan political activities. 48.735-21 Miscellaneous statutory provi
along. 15.735-22 Reporting of outside Loterests by
persons other than special Goy.
ernment omployees. 45.735–23 Reporting of outside Interests by
special Government employees. 45.735–24 Reviewing statements of financial
interests. 45.736–26 Supplemental rogulations. 45.736–26 Publication and interpretation Appendir
AUTHORITY: Tho provisions of this part 45 issued under 80 Stat. 379; 5 U.S.C. 301, Reorganization Plan No. 2 of 1950, 84 Stato 1261; 3 CFR 1949–1953 Comp., E.O. 11222;
CFR, 1964-1965 Comp.; 3 CFR Part 735, unless otherwise noted.
SOURCE: Tbo provisions of this Part 48 contained in Order No. 350–85, 30 F.R 17202, Dec. 31, 1965, unless otherwiso noted.
Crose REYKRENCT: Por Attorney General's "Memorandum Regarding tho Conflict of Interest Provisions of Public Law 87-849", seo Appendix to this chapter, $ 45.735-1 Purpose and scope.
(a) In conformity with sections 201 through 209 of title 18 of the United States Code (As enacted by Pub. Law No. 87-849) and other statutes of the United States, and in conformity with Executive Order No. 11222 of May 8, 1965, and Title 5, Chapter I, Part 735, of the Code of Federal Regulations, relating to conflicts of interest and ethical standards of behavior, this part prescribes policies, standards and instructions with regard to the conduct and behavior of employees and former employees (as defined in $ 45.735-3 (b) and (d) respectively) of the Department of Justice.
(b) This part, among other things, reflects prohibitions and requirements imposed by the criminal and civil laws of the United States. However, the paraplirased restatements of criminal and civil statutes contained in this part are designed for informational purposes only and in no way constitute and interpretation or construction thereof that Is binding upon the Department of Justice or the Federal Government. Moreover, this part does not purport to paraphrase or enumerate all restrictions or requirements imposed by statutes, Executive orders, regulations or otherwise upon Federal employees and former Federal employees. The omission of a refer
ence to any such restriction or requirement in no way alters the legal effect of that restriction or requirement and any such restriction or requirement, as the case may be, continues to be applicable to employees and former employees in accordance with its own terms. Fur. thermore, attorneys employed by the Department are subject to the canons of professional ethics of the American Bar Association.
(c) Any violation of any provision of this part shall make the employee Involved subject to appropriate disciplnary action which shall be in addition to any penalty which might be prescribed by statute or regulation. 8 45.735–2 Basic policy.
(a) Conduct themselves in & manner that creates and maintains respect for the Department of Justice and the 0.8. Government. In all their activities, personal and official, they should always be mindful of the high standards of behavior expected of them;
(b) Not give or in any way appear to give favored treatment or advantage to any member of the public, Including former employees, who appear before the Department on their own behalf or on behalf of a nongovernmental person; and
(c) Avoid any action 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 eficiency or economy;
(4) Losing complete independence or impartiality;
(5) Making & Government decision outside official channels; or
(6) Affecting adversely the confidence of the public in the integrity of the Gopernment.
(d) Be guided in all their actions by the Code of Ethics for Government Service adopted by House Concurrent Resolution No. 175 of the 85th Congress (Appendix).
(e) Employees should discuss with their immediate superiors any problems arising in connection with matters within the scope of this part. Supervisors should ascertain all pertinent information bearing upon any such prob). lem coming to their attention and shall take prompt action to see that problems that cannot be readily resolved are sub$ 45.735-5
Chapter 1-Department of Justice
mitted to the Department counselor or deputy counselors referred to in § 45.73526(b) to provide guidance and assistance with respect to the interpretation of this part. 8 45.735–3 Definitions.
(a) Division. "Division" means a principal component of the Department of Justice, including & division, bureau, service, office or board.
(b) Employee. "Employee" means an officer or employee of the Department of Justice and includes a special Government employee (as defined in paragraph (c) of this section) in the absence of contrary indication. Presidential appointees shall be deemed employees for the purposes of this part. In situations in which this part requires an employee to report information to, or seek approval for certajn activities from, the head of a division, an employee who is the head of a division or who is an appointee of the Attorney General not assigned to a division, shall report to, or seek approval from, the Deputy Attorney General, and the Deputy Attorney General shall report to, or seek approval from, the Attorney General.
(c) Special Government employee. "Special Government employee" means an officer or employee of the Department of Justice who is retained, designated, appointed, or employed to perform, with or without compensation, for not more than 130 days during any period of 365 consecutive days, temporary duties either on a full-time or intermittent basis.
(d) Former employee. “Former employee" means a former Department of Justice employee or former special Government employee, as defined in paragraph (c) of this section.
(e) Person. "Person" means an individual, & corporation, a company, an association, a firm, a partnership, a society, a joint stock company, or any other organization or institution, $ 45.735_4 Conflicts of interest.
(a) A conflict of interest exists whenever the performance of the duties of an employee has or appears to have a direct and predictable effect upon a financial interest of such employee or of his spouse, minor child, partner, or person or organization with which he is associated or is negotiating for future employment.
(b) A conflict of interest exists even though there is no reason to suppose that
the employee will, in fact, resolve the conflict to his own personal advantago rather than to that of the Government.
(c) An employee shall not have & direct or indirect financial interest that conflicts, or appears to conflict, with his Government duties and responsibile . ities.
(d) This section does not preclude an employee from having & financial interest or engaging in a financial transaction to the same extent as a private citizen not employed by the Government so long as it is not prohibited by statute, Executive Order 11222, this section or § 45.735–11, § 45.735–5 Disqualification arising from
privato financial interests. (a) No employee shall participate personally and substantially as a Government employee, through decision, approval, disapproval, recommendation, the rendering of advice, investigation or otherwise, in a judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular matter in which, to his knowledge, he, his spouse, minor child, partner, organization in which he is serving as officer, director, trustce, partner or employee, or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, has a financial interest, unless authorized to do so in accordance with the following described procedure:
(1) The employee shall inform the head of his division of the nature and circumstances of the matter and of the financial interest involved and shall request a determination as to the propriety of his participation in the matter.
(2) The head of the division, after examining the information submitted, may relieve the employee from participation in the matter, or he may submit the matter to the Deputy Attorney General with recommendations for appropriate action. In cases so referred to him, the Deputy Attorney General may relieve the employee from participation in the matter or may approve the employee's participation in the matter upon determining in writing that the interest involved is not so substantial as to be likely to affect the integrity of the services which the Government may expect from such employee.
(b) The financial Interests described below are hereby exempted from the pro
Title 28-Judicial Administration
hibition of 18 US.C. 208(a) as being too remote or too inconsequential to affect the integrity of an employee's services in a matter:
The stock, bond, or policy holdings of an employee in a mutual fund, investment com. pany, bank or insurance company which owns an interest in an entity involved in the matter, provided that in the case of a mutual fund, Investment company or bank the fair value of such stock or bond holding does not exceed 1 percent of the value of the reported assets of the mutual fund, investment company, or bank. (18 U.S.C. 208) & 45.735–6 Activities and compensation
of employees in claims against and other malters affecting the Govern.
ment. (a) No employee, otherwise than in the proper discharge of his oficial duties, shall
(1) Act as agent or attorney for prosecuting any claim against the United States, or receive any gratuity, or any share of or interest in any such claim in consideration of assistance in the prosecution of such claim;
(2) Act as agent or attorney for anyone before any department, agency, court, court-martial, office, or any civil, military, or naval commission in connection with any proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular matter in which the United States is a party or has a direct and substantial interest; or
(3) Directly or indirectly receive or agree to receive, or ask, demand, solicit or seek, any compensation for any serve ices rendered or to be rendered either by himself or another, before any dopartment, agency, court, court-martial, officer, or any civil, military, or naval commission, in relation to any matter enumerated and described in subparagraph (2) of this paragraph.
(b) A special Government employee shall be subject to paragraph (a) of this section only in relation to a particular matter involving a specific party or parties (1) in which he has at any time participated personally and substantially as & Government employee through deci. sion, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, or (2) which is pendIng in the Justice Department: Provided, That paragraph (b) (2) of this sec
tion shall not apply in the case of a special Government employee who has served in the Justice Department no more than 60 days during the immediately preceding period of 365 consecutive days.
(c) Nothing in this part shall be deemed to prohibit an employee, if it is not otherwise inconsistent with the faithful performance of his duties, from acting without compensation as agent or attorney for any person in a disciplinary, loyalty, or other Federal personnel administration proceeding involving such person.
(d) Nothing in this part shall be deemed to prohibit an employee from acting, with or without compensation, as agent or attorney for his parents, spouse, child, or any person for whom, or for any estate for which, he is serving as guardlan, executor, administrator, trustee, or other personal fiduciary, except in those matters in which he has participated personally and substantially as a Government employee, through decision, adproval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, or which are the subject of his official responsibility, as defined in section 202(b) of title 18 of the United States Code, provided that the head of his division approves.
(e) Nothing in this part shall be deemed to prohibit an employee from giving testimony under oath or from making statements required to be made under penalty for perjury or contempt. (18 U.S.C. 203, 205) § 45.735–7 Disqualification of former
employees in matters connected with former duties or official responsibili.
ties; disqualification of partners. (a) No individual who has been an employee shall, after his employment has ceased, knowingly act as agent or attorney for anyone other than the United States, in connection with any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy. charge, accusation, or other particular matter involving & specific party or parties in which the United States is a party or has a direct or substantial interest and in which he participated personally and substantially as an employee. through decision, approval, disapproval, recommendation, the rendering of advice.