§ 45.735-15 zation. The acceptance of spousal expenses under this paragraph shall not depend upon the official or nonofficial nature of the employee's travel, but it must be otherwise compatible with the restrictions set forth in this part. In particular, employees may not accept spousal expenses from an organization that: (1) Has, or is seeking to obtain, contractual or other business or financial relations with the Department. (2) Conducts operations or activities that are regulated by the Department. (3) Is engaged, either as principal or attorney, in proceedings before the Department or in court proceedings in which the United States is an adverse party. (4) Has interests that may be substantially affected by the performance or nonperformance of the employee's official duties. [Order No. 960-81, 46 FR 52358, Oct. 27, 1981] § 45.735-15 Employee indebtedness. The Department of Justice considers the indebtedness of its employees to be essentially a matter of their own concern. The Department of Justice will not be placed in the position of acting as a collection agency or of determining the validity or amount of contested debts. Nevertheless, failure on the part of an employee without good reason and in a proper and timely manner to honor debts acknowledged by him to be valid or reduced to judgment by a court or to make or to adhere to satisfactory arrangements for the settlement thereof may be the cause for disciplinary action. In this connection each employee is expected to meet his responsibilities for payment of Federal, State, and local taxes. § 45.735-16 Misuse of Federal property. No employees may use Federal property for other than officially approved activities. Each employee is responsible for protecting and conserving Federal property, including equipment and supplies. 28 CFR Ch. I (7-1-86 Edition) § 45.735-17 Gambling, betting, and lotteries. No employee shall participate, while on Government property or while on duty for the Government, in the operation of gambling devices, in conducting an organized lottery or pool, in games for money or property, or in selling or purchasing numbers tickets. 8 45.735-18 [Reserved] § 45.735-19 Partisan political activities. (a) While certain political activities are prohibited by the criminal statutes of the United States (see 18 U.S.C. Chapter 29), the basic restrictions on political activity of employees are set forth in 5 U.S.C. 7321-7328. (b) Most employees are subject to both statutory and Civil Service restrictions upon partisan political activities although employees of the Federal Government in some geographical areas may take part in certain local political activities. Employees have the right to vote as they choose and to express opinions on political subjects and candidates. Detailed information may be obtained through administrative and personnel offices. [Order No. 350-65, 30 FR 17202, Dec. 31, 1965, as amended by Order No. 383-67, 32 FR 13217, Sept. 19, 1967; Order No. 960-81, 46 FR 52358, Oct. 27, 1981] Department of Justice (g) Misuse of the franking privilege (18 U.S.C. 1719). (h) Use of deceit in an examination or personnel action in connection with Government employment (18 U.S.C. 1917). (1) Fraud or false statements in a Government matter (18 U.S.C. 1001). (j) Multilating or destroying a public record (18 U.S.C. 2071). (k) Counterfeiting and forging transportation requests (18 U.S.C. 508). (1)(1) Embezzlement of Government money or property (18 U.S.C. 641); (2) failing to account for public money (18 U.S.C. 643); and (3) embezzlement of the money or property of another person in the possession of an employee by reason of his employment (18 U.S.C. 654). (m) Unauthorized use of documents relating to claims from or by the Government (18 U.S.C. 285). (n) Acting as the agent of a foreign principal registered under the Foreign Agents Registration Act (18 U.S.C. 219). (0) Engaging in violation of merit system principles (5 U.S.C. 2301). (p) Engaging in prohibited personnel practices (5 U.S.C. 2302). [Order No. 350-65, 30 FR 17202, Dec. 31, 1965, as amended by Order No. 383-67, 32 FR 13217, Sept. 19, 1967; Order No. 960-81, 46 FR 52358, Oct. 27, 1981] § 45.735-22 Reporting of outside interests by persons other than special Government employees. (a) Each employee occupying a position designated in paragraph (c) of this section, and who is not required to submit a financial disclosure report under 45.735-27 of this title, shall submit to the head of his division a statement on a form made available through the appropriate division administrative office, setting forth the following information: (1) A list of the names of all corporations, companies, firms, or other business enterprises, partnerships, nonprofit organizations, and educational or other institutions with or in which he, his spouse, minor child or other member of his immediate household has § 45.735-22 (i) Any connection as an employee, officer, owner, director, member, trustee, partner, adviser or consultant; or (ii) Any continuing financial interest, through a pension or retirement plan, shared income, or other arrangement as a result of any current or prior employment or business or professional association; or (iii) Any financial interest through the ownership of stock, stock options, bonds, securities, or other arrangements including trusts, except those financial interests described in § 45.7355(b). (2) A list of the names of his creditors and the creditors of his spouse, minor child or other member of his immediate household, other than those creditors to whom any such person may be indebted by reason of a mortgage on property which he occupies as a personal residence or to whom such person may be indebted for current and ordinary household and living expenses such as those incurred for household furnishings, an automobile, education, vacations or the like. (3) A list of his interests and those of his spouse, minor child or other member of his immediate household in real property or rights in lands, other than property which he occupies as a personal residence. For the purpose of this section "member of his immediate household" means a resident of the employee's household who is related to him by blood. (b) Each employee designated in paragraph (c) of this section who enters upon duty after the date of this order, and who is not required to submit a financial disclosure report under § 45.735-27 of this title, shall submit such statement not later than 30 days after the date of his entrance on duty or 90 days after the effective date of this order, whichever is later. (c) Statements of employment and financial interest are required of the following employees: (1) Office of the Attorney General: Counsellor Special Assistants Special Counsels § 45.735-22 (2) Office of the Deputy Attorney General: Associate Deputy Attorneys General (3) Office of the Associate Attorney General: Deputy Associate Attorneys General (4) Office of the Solicitor General: Tax Assistant (5) Office of Legal Counsel: Deputy Assistant Attorneys General (6) Office of Legal Policy: Deputy Assistant Attorneys General (7) Office of Legislative Affairs: Deputy Assistant Attorneys General Chief, Legislative and Legal Section (8) Justice Management Division: Deputy Assistant Attorneys General Staff Directors Administrative Counsel (9) Office of Professional Responsibility: Counsel on Professional Responsibility 28 CFR Ch. 1 (7-1-86 Edition) (15) Land and Natural Resources Division: Deputy Assistant Attorneys General (16) Tax Division: Deputy Assistant Attorneys General (17) Federal Bureau of Investigation: Assistant Director, Administrative Services Division (18) National Institute of Corrections (Bureau of Prisons): Director, National Institute of Corrections Employees classified at GS-13 or above who are in positions involving: (i) Contracting or procurement, or (ii) administering, auditing or monitoring grants and contracts (19) Drug Enforcement Administration: Assistant Administrators Chief Counsel Chief Inspector Controller Laboratory Directors Regional Directors Chief, Administrative Services Division Section Chiefs, Compliance Division Project Officer, GS-13 and above (20) Immigration and Naturalization Service: Associate Commissioner, Management Regional Commissioners Deputy Regional Commissioners Associate Deputy Regional Commissioners, Management (21) Office of Justice Assistance, Research and Statistics: Assistant Directors Special Assistants to the Director and the Assistant Directors General Counsel Administrator, Law Enforcement Assistance Administration Administrator, Office of Juvenile Justice and Delinquency Prevention Director, National Institute of Justice Director, Bureau of Justice Statistics All Deputy Administrators of the above offices Employees classified at GS-13 or above who are in positions involving: (i) Contracting Department of Justice or procurement, or (ii) administering, auditing or monitoring grants and contracts. (22) United States Marshals Service: Director Deputy Director United States Marshals (d) Changes in, or additions to, the information contained in an employee's statement of employment and financial interests shall be reported in a supplementary statement as of June 30 each year. If no changes or additions occur, a negative report is required. Notwithstanding the filing of the annual report required by this section, each employee shall at all times avoid acquiring a financial interest that could result, or taking an action that would result, in a violation of the conflict-of-interest provisions set forth in this part. (e) If any information required to be included on a statement of employment and financial interests or supplementary statement, including holdings placed in trust, is not known to the employee but is known to another person, the employee shall request that other person to submit information in his behalf. (f) Paragraph (a) of this section does not require an employee to submit any information relating to his connection with, or interest in, a professional society or a charitable, religious, social, fraternal, recreational, public service, civic, or political organization or a similar organization not conducted as a business enterprise. For the purpose of this section, educational and other institutions doing research and development or related work involving grants of money from or contracts with the Government are deemed "business enterprises" and are quired to be included in an employee's statement of employment and financial interests. re (g) The Department shall hold each statement of employment and financial interests in confidence, and each statement shall be maintained in confidential files in the immediate office of the division head. Each division head shall designate which employees are authorized to review and retain the statements and shall limit such designation to those employees who § 45.735-22 are his immediate assistants. Employees so designated are responsible for maintaining the statements in confidence and shall not allow access to, or allow information to be disclosed from, a statement except to carry out the purpose of this part. The Department may not disclose information from a statement except as the Civil Service Commission or the Associate Attorney General may determine for good cause. Upon termination of the employment in the Department of any person subject to this section, statements which he has submitted in accordance with paragraph (a) of this section shall be disposed of in accordance with established Department procedures applicable to confidential records. In the event an employee subject to this section is transferred within the Department, statements which he has filed pursuant to paragraph (a) of this section shall be transferred to the head of the division to which the employee is reassigned. (h) The statements of employment and financial interests and supplementary statements required of employees are in addition to, and not in substitution for, or in derogation of, any similar requirement imposed by law, order or regulation. The submission of a statement by an employee does not permit him or any other person to participate in a matter in which his or the other person's participation is prohibited by law, order, or regulation. (1) Any employee who believes that his position has been improperly determined to be subject to the reporting requirements of § 45.735-22 may obtain review of such determination through the grievance procedure set forth in 28 CFR Part 46 [At 36 FR 12096, June 25, 1971, 28 CFR Part 46 was removed]. (28 U.S.C. 509, 510) [Order No. 350-65, 30 FR 17202, Dec. 31, 1965, as amended by Order No. 383-67, 32 FR 13217, Sept. 19, 1967; Order No. 412-69, 34 FR 5726, Mar. 27, 1969; Order No. 653-76, 41 FR 27317, July 2, 1976; Order No. 699-77, 42 FR 15315, Mar. 21, 1977; Order No. 73277, 42 FR 35970, July 13, 1977; Order No. 899-80, 45 FR 43703, June 30, 1980; Order No. 960-81, 46 FR 52358, Oct. 27, 1981] § 45.735-23 § 45.735-23 Reporting of outside interests by special Government employees. (a) A special Government employee shall submit to the head of his division a statement of employment and financial interests which reports: (1) All other employment, and (2) those financial interests which the head of his division determines are relevant in the light of the duties he is to perform. (b) A statement required under this section shall be submitted at the time of employment and shall be kept current throughout the period of employment by the filing of supplementary statements in accordance with the requirements of § 45.735-22(d). Statements shall be on forms made available through division administrative officers. (c) This section shall not be construed as requiring the submission of information referred to in § 45.73522(f). (d) Paragraphs (g) and (h) of § 45.735-22 shall be applicable with respect to statements required by this section. [Order No. 350-65, 30 FR 17202, Dec. 31, 1965, as amended by Order No. 383-67, 32 FR 13218, Sept. 19, 1967] § 45.735-24 Reviewing statements of financial interests. (a) The head of each division shall review financial statements required of any of his subordinates by §§ 45.735-22 and 45.735-23 to determine whether there exists a conflict, or possibility of conflict, between the interests of a subordinate and the performance of his service for the Government. If the head of the division determines that such a conflict or possibility of conflict exists, he shall conIsult with the subordinate. If he conIcludes that remedial action should be taken, he shall refer the statement to the Associate Attorney General, through the Department Counselor, with his recommendation for such action. The Associate Attorney General, after such investigation as he deems necessary, shall direct appropriate remedial action if he deems it necessary. (b) Remedial action may include, but is not limited to: (1) Changes in assigned duties. 28 CFR Ch. 1 (7-1-86 Edition) (2) Divestment by the employee of his conflicting interest. (3) Disqualification for a particular action. (4) Exemption pursuant to § 45.7355. (5) Disciplinary action. [Order No. 350-65, 30 FR 17202, Dec. 31, 1965, as amended by Order No. 699-77, 42 FR 15315, Mar. 21, 1977] 8 45.735-25 Supplemental regulations. The heads of divisions may issue supplemental and implementing regulations not inconsistent with this part. 8 45.735-26 Designated Agency Ethics Official. (a) The Assistant Attorney General for Administration is the "designated agency ethics official" (DAEO) for this Department. Each division head is directed to nominate an individual to be designated by the DAEO as a Deputy DAEO for the component under the division head's supervision. (b) In addition to the duties listed in 5 CFR 738.203, the DAEO shall provide for the regular distribution of conduct regulations to employees, and otherwise assist the Offices, Boards and Divisions in meeting their responsibilities under this part. (c) Each Deputy DAEO, under the general supervision and guidance of the DAEO, shall have responsibility for coordinating and managing the Department's Ethics Program within his or her component, including the education and counselling of employees on matters of conduct and professional ethics. (d) Each Deputy DAEO, within his or her component, shall: (1) Assist in the review and certification of public financial disclosure statements filed under the Ethics in Government Act of 1978 as required by 28 CFR 45.735-27(d); (2) Assist in the review and certification of any confidential financial disclosure reports filed by employees; (3) Counsel employees with regard to actual or potential conflicts of interest and other ethical standards; (4) Counsel departing and former employees on post-employment conflicts of interest standards; |