of his status as a Department of Justice employee and which has not become part of the body of public information. $45.735-11 Investments. No employee shall make investments: (a) In enterprises which it is reasonable to believe will be involved in decisions to be made by him, (b) on the basis of information which comes to him by reason of his status as a Department of Justice employee and which has not become part of the body of public information or (c) which are reasonably likely to create any conflict in the proper discharge of his official duties. $45.735-12 Speeches, publications and teaching. (a) No employee shall accept a fee from an outside source on account of a public appearance, speech, lecture, or publication if the public appearance or the preparation of the speech, lecture, or publication was a part of the official duties of the employee. (b) No employee shall receive compensation or anything of monetary value for any consultation, lecture, teaching, discussion, writing, or appearance the subject matter of which is devoted substantially to the responsibilities, programs or operations of the Department, or which draws substantially on official data or ideas which have not become part of the body of public information. (c) No employee shall engage, whether with or without compensation, in teaching, lecturing or writing that is dependent on information obtained as a result of his Government employment except when that information has been made available to the general public or when the Deputy Attorney General gives written authorization for the use of nonpublic information on the basis that the use is in the public interest. (d)(1) The Attorney General, Deputy Attorney General, Associate Attorney General, and the heads of divisions shall not make speeches or otherwise lend their names or support in a prominent fashion to a fundraising drive or a fundraising event or similar event intended for the benefit of any person. No Department of Justice employee or special Government employee shall engage in any of these activities if the invitation was extended primarily because of his official position with the Department or if the fact of his official position with the Department has been or will be used in the promotion of the event to any significant degree. (2) For purposes of this subsection, an event wil be regarded as a fundraising event if any portion of the ticket or other cost of admission is designated as a charitable contribution for tax purposes, if one of its purposes is to produce net proceeds for the benefit of any person, or if it is a "kickoff” dinner or similar occasion that is part of a broader fundraising effort. (3) Nothing in this subsection shall apply to the Combined Federal Campaign or any other authorized fundraising drive directed primarily at Federal employees, or to a fundraising event of an organization which is exempt from taxation under 26 U.S.C. 501(c)(3). (4) Nothing in this subsection shall apply to a meeting, seminar, or conference sponsored by a professional or other appropriate organization where a tuition or other fee is charged for attendance if such tuition or fee is reasonable under the circumstances. (e) When an employee is prohibited by this section from accepting compensation for an activity, he is also prohibited from suggesting that the person offering such compensation donate it to a particular charity or other third party. [Order No. 350-65, 30 FR 17202, Dec. 31, 1965, as amended by Order No. 699-77, 42 FR 15315, Mar. 21, 1977; Order No. 760-77, 42 FR 64119, Dec. 22, 1977; Order No. 807-78, 43 FR 52702, Nov. 14, 1978; 44 FR 36028, June 20, 1979; Order No. 887-80, 45 FR 29574, May 5, 1980; Order No. 960-81, 46 FR 52358, Oct. 27, 1981] § 45.735-13 [Reserved] §45.735-14 Gifts, entertainment, and favors. (a) Except as provided in paragraph (c) of this section, an employee other than a special Government employee shall not solicit or accept, for himself or another person, directly or indirectly, any gift, gratuity, favor, entertainment, loan, or any other thing of monetary value, from a person who: (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 Departmental or in court proceedings in which the United States is an adverse party; or (4) Has interests that may be substantially affected by the performance or nonperformance of the employee's official duty. (b) Except as provided in paragraph (c) of this section, a special Government employee shall be subject to the prohibition set forth in paragraph (a)(4) of this section. (c) Paragraphs (a) and (b) of this section shall not be construed to prohibit: (1) Solicitation or acceptance of anything of monetary value from a friend, parent, spouse, child or other close relative when the circumstances make it clear that the motivation for the action is a personal or family relationship. (2) Acceptance of food and refreshments of nominal value on infrequent occasions in the ordinary course of a luncheon or dinner meeting or other meeting. (3) Acceptance of loans from banks or other financial institutions on customary terms of finance for proper and usual activities of employees, such as home mortgage loans. (4) Acceptance of unsolicited advertising or promotional material, such as pens, pencils, note pads, calendars and other items of nominal intrinsic value. (d) No employee shall accept a gift, present, decoration, or other thing from a foreign government unless authorized by Congress as provided by the Constitution (Art. I, sec. 9, cl. 8) and in Public Law 89-673, 80 Stat. 952. (e) No employee shall solicit a contribution from another employee for a gift to an official superior, nor make a donation as a gift to an official superior, nor accept a gift from an employee receiving less pay than himself (5 U.S.C. 7351). However, this paragraph does not prohibit a voluntary gift of nominal value or donation in a nominal amount made on a special occasion such as marriage, illness, or retirement. (5 U.S.C. 7351) [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] § 45.735-14a Reimbursement for travel and subsistence; acceptance of awards. (a) Employees generally may not accept reimbursement for travel or expenses incident to travel on official business from any source other than the Federal Government. Employees may accept such reimbursement, however, from organizations that are exempt from taxation under the Internal Revenue Code, 26 U.S.C. 501(c)(3), for expenses incident to training or attendance at meetings in accordance with 5 U.S.C. 4111 and 5 CFR 410.702. (b) Employees may accept reimbursement for travel or expenses incident to travel of a non-official nature so long as the circumstances are such that acceptance of the reimbursement is compatible with the other principles set forth in this part. (c) Whether an employee's travel is of an official or non-official nature is a question that should be resolved by the employee's immediate supervisor. The supervisor should consider factors such as the relationship of the subject matter of the trip to the employee's official duties, the Department's interest in the employee's participation in the matter, and the employee's independent interest in the subject matter or relationship to the sponsors of the event. (d) Employees may accept travel expenses for an accompanying spouse in connection with travel to attend meetings of an organization, or to accept an award from an organization, only if the DAEO (or Deputy DAEO) finds in advance that acceptance will not create an appearance of impropriety. In making this determination the DAEO (or Deputy DAEO) shall consider all relevant facts and circumstances. Factors such as those listed below would tend to support a favorable determination: (1) The expenses will be paid by the sponsoring organization itself. (2) The sponsoring organization is a nonprofit organization that is charitable, religious, professional, social, fraternal, educational, recreational, public service, or civic in nature. (3) The sponsoring organization does not have business with the Department that falls within the employee's official responsibility or that the employee could otherwise be expected to influence. (4) The sponsoring organization would pay spousal expenses for similarly situated non-governmental employees. (5) The amount paid by the organization is reasonable and covers only actual expenses for transportation, lodging, food, and other expenses reasonably incident to the travel. (6) The spousal reimbursement was not solicited by the employee or the spouse. (7) Acceptance is otherwise compatible with the principles set forth in this part. $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. $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. $45.735-18 Purchase of forfeited property. (a) No employee shall purchase, either directly or indirectly through an agent or intermediary, any property that has been forfeited to the Government and offered for sale by the Department of Justice or its agents. (b) No employee shall use such forfeited property if it was purchased independently by a spouse or dependent (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] Each employee should be aware of the following statutory prohibitions against: (a) Lobbying with appropriated funds (18 U.S.C. 1913). (b) Disloyalty and striking (5 U.S.C. 7311, 18 U.S.C. 1918). (c) Employment of a member of a Communist organization (50 U.S.C. 784). (d) (1) Disclosure of classified information (18 U.S.C. 798, 50 U.S.C. 783); and (2) disclosure of confidential information (18 U.S.C. 1905). (e) Habitual use of intoxicants to excess (5 U.S.C. 7352). (f) Misuse of a Government vehicle (31 U.S.C. 638a). (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). (i) 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 part, 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 (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 §45.73527 of this part, 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 (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: (10) Community Relations Service: (11) Antitrust Division: Deputy Assistant Attorney General Deputy Director of Operations Field Office Chiefs (12) Civil Division: Deputy Assistant Attorney General (13) Civil Rights Division: Deputy Assistant Attorneys General Director(s) of Offices (14) Criminal Division: Deputy Assistant Attorneys General (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 |