96-29932. Supplemental Standards of Ethical Conduct for Employees of the Department of Justice  

  • [Federal Register Volume 61, Number 228 (Monday, November 25, 1996)]
    [Rules and Regulations]
    [Pages 59811-59815]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-29932]
    
    
    
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    Federal Register / Vol. 61, No. 228 / Monday, November 25, 1996 / 
    Rules and Regulations
    
    [[Page 59811]]
    
    
    
    DEPARTMENT OF JUSTICE
    
    5 CFR Ch. XXVIII
    
    28 CFR Part 45
    
    RIN 3209-AA15
    
    
    Supplemental Standards of Ethical Conduct for Employees of the 
    Department of Justice
    
    AGENCY: Department of Justice (Department).
    
    ACTION: Interim rule, with request for comments.
    
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    SUMMARY: The Department of Justice, with the concurrence of the Office 
    of Government Ethics (OGE), is issuing an interim rule for Department 
    employees as a supplement to the uniform standards of ethical conduct 
    for employees of the executive branch (Uniform Standards) issued by 
    OGE. The regulations established by the interim rule are a necessary 
    supplement to the Uniform Standards because they address statutory 
    requirements and issues that are unique to the Department.
    
    DATES: Interim rule effective November 25, 1996. Comments are invited 
    and must be received on or before January 9, 1997.
    
    ADDRESSES: Send comments to the U.S. Department of Justice, Justice 
    Management Division, Departmental Ethics Office, Main Justice Building, 
    Room 6316, 950 Pennsylvania Avenue, NW, Washington, DC 20530, 
    Attention: Mary Braden.
    
    FOR FURTHER INFORMATION CONTACT:
    Mary Braden, U.S. Department of Justice, Justice Management Division, 
    Departmental Ethics Office, (202) 514-8196.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
        On August 7, 1992, the Office of Government Ethics published the 
    Standards of Ethical Conduct for Employees of the Executive Branch 
    (Uniform Standards). See 57 FR 35006-35067, as corrected at 57 FR 
    48557, 57 FR 52583, and 60 FR 51667, and amended at 61 FR 42965-42970 
    (as corrected at 61 FR 48733) and 61 FR 50689-50691, with additional 
    grace period extensions at 59 FR 4779-4780, 60 FR 6390-6391, 60 FR 
    66857-66858, and 61 FR 40950-40952. The Uniform Standards, codified at 
    5 CFR part 2635 and effective February 3, 1993, established uniform 
    standards of ethical conduct for executive branch personnel. Pursuant 
    to E.O. 12674 (54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by 
    E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306) and 5 CFR 2635.105, 
    executive branch agencies may issue agency-specific regulations, with 
    the concurrence of OGE, that supplement the Uniform Standards. After 
    considering its unique operations, the Department, with the concurrence 
    of OGE, has determined that the regulations established by the interim 
    rule are necessary to implement the Department's ethics program 
    successfully.
    
    II. Analysis of the Regulations
    
        The interim rule establishes the following regulations in new 5 CFR 
    XXVIII:
    
    Section 3801.101 General
    
        Section 3801.101 of the interim rule explains that the regulations 
    established by the interim rule apply to all Departmental Employees and 
    are supplemental to the Uniform Standards, and that all employees must 
    comply with the regulations established by the interim rule as well as 
    the Uniform Standards. In addition employees are subject to the 
    regulations regarding conduct in part 735 of the title and part 45 of 
    chapter I of 28 CFR as revised in this document.
    
    Section 3801.102  Detailed or Assigned Special Agents of Certain 
    Departmental Components
    
        Section 2635.104 of the Uniform Standards sets forth certain 
    circumstances under which an employee detailed or assigned to another 
    entity may be subject to the conduct regulations of that entity rather 
    than those of his employing agency. However, special agents of the 
    Federal Bureau of Investigation (FBI) and the Drug Enforcement 
    Administration (DEA), even if on detail or special assignment usually 
    retain their special law enforcement powers, are generally subject to 
    recall to their department components at all times, and are sometimes 
    required to provide services on an occasional or overtime basis to 
    those components. See, e.g., 5 U.S.C. 5545(c); 5 CFR 550.151-550.164; 
    and DOJ Order No. 1551.4A (available from the agency designee which, 
    for purposes of this rule, shall be the Deputy Designated Agency Ethics 
    Official for the component). Where a detail or assignment of these 
    special agents does not explicitly sever the obligations of service to 
    their Department components, Sec. 3801.102 of the interim rule makes 
    clear that these special agents who become subject to the conduct 
    regulations of another entity pursuant to Sec. 2635.104 (a) or (b) of 
    this title shall also remain subject to the supplemental regulations 
    established by the interim rule. In particular, the standards governing 
    outside employment and activities of these special agents must conform 
    to the same standards that are required of other agents of their 
    employing components with whom they may continue to work side-by-side 
    on an occasional or overtime basis. To do otherwise would undermine the 
    efficiency of the service and would create unnecessary internal 
    discipline and administrative efficiency problems.
    
    Section 3801.103  Designation of Separate Departmental Components
    
        Pursuant to Sec. 2635.203(a) of the Uniform Standards, an executive 
    department, with the concurrence of OGE, may designate any component 
    that exercises distinct and separate functions as a separate agency for 
    the purpose of applying the rules governing the solicitation or 
    acceptance of gifts from prohibited sources or given because of 
    official position. See 5 CFR 2635.201-2635.205. Pursuant to 
    Sec. 2635.807(a)(2)(ii) of the Uniform Standards, any component so 
    designated is also considered a separate agency for the purpose of 
    applying the rules governing the receipt of compensation by an employee 
    for
    
    [[Page 59812]]
    
    teaching, speaking, and writing. The Department has determined that the 
    divisions and offices (``components'') set forth in section 3801.103 of 
    the interim rule exercise distinct and separate functions for purposes 
    of applying Secs. 2635.201-2635.205 and Sec. 2635.807(a)(2)(ii).
        Employees serving in positions within the Department but outside of 
    the components designated by this section serve in positions or offices 
    with cross-component duties and responsibilities. This section of the 
    interim rule makes clear that those employees must continue to treat 
    the entire department as their employing agency for purposes of 
    applying the gifts and the teaching, speaking and writing provisions of 
    the Uniform Standards.
    
    Section 3801.104  Purchase or Use of Certain Forfeited and Other 
    Property
    
        Section 3801.104(a) of the interim rule is a slight revision of the 
    prohibition contained in the Department's former conduct regulations at 
    28 CFR 45.735-18. The chief principle served by that prohibition--that 
    performance of official duties and the use of nonpublic information 
    should not further an employee's private interests--is also found in 
    two related provisions of the Uniform Standards. See 5 CFR 2635.702 and 
    2635.703. The Department's unique role in asset forfeiture and the 
    public sale of forfeited property has led it to determine, on the basis 
    of significant concerns about internal discipline, the possible 
    appearance of misuse of nonpublic information and official position, 
    administrative efficiency, and the enforcement of the Departmental 
    conduct regulations, that any Departmental employee seeking to buy 
    forfeited property from the Department or its agents (or to use such 
    property if it was purchased from the Department or its agents by his 
    spouse or dependent) should first obtain written approval from his 
    agency designee. Consequently, Sec. 3801.104(a) bars any employee who 
    does not have such prior written approval from purchasing forfeited 
    property from the Department or its agents, and from using any such 
    property if it was purchased from the Department or its agents by his 
    spouse or minor child. Additionally, Sec. 3801.104(a) sets forth the 
    criteria to be applied in determining whether or not to approve a 
    request to purchase or use such property.
        Section 3801.104(b) of the interim rule is an extension of the 
    principle that performance of official duties and the use of nonpublic 
    information should not further an employee's private interests. The 
    Department has determined that the employees of the United States 
    Marshals Service (USMS), FBI, and DEA typically have a high degree of 
    control over valuable property used by their components. To address 
    significant Departmental concerns about the actual or apparent use of 
    nonpublic information regarding the condition of the property at the 
    time of sale and the use of position in that property's maintenance in 
    anticipation of its sale, Sec. 3801.105(b) prohibits any USMS, FBI or 
    DEA employee from purchasing from his component, the General Services 
    Administration (GSA), or the agents of either of them, any property 
    formerly used by his component, and from using any such property if it 
    was purchased from his component, GSA, or the agents of either of them, 
    by his spouse or minor child.
    
    Section 3801.105  Personal Use of Government Property
    
        Section 3801.105 references Department of Justice internal policy 
    issued by the Designated Agency Ethics Official on April 21, 1995, 
    which authorized limited personal use of Department of Justice office 
    and library equipment and facilities by its employees. Employees with 
    questions concerning this policy may seek advice and obtain a copy of 
    the policy from their agency designee, who for this purpose, shall be 
    the Deputy Designated Agency Ethics Official for the employee's 
    component. This section is included strictly for ease of reference. The 
    Department does not require OGE's concurrence when exercising its 
    authority under 5 U.S.C. 301 to prescribe regulations for the use of 
    Department property.
    
    Section 3801.106  Outside Employment
    
        The Uniform Standards, at 5 CFR 2635.802, provide that an employee 
    shall not engage in outside employment if it is prohibited by agency 
    supplemental regulation. To much the same effect, 5 CFR 2635.403 
    permits an agency, by supplemental regulation, to prohibit compensated 
    outside employment on the same basis that it may prohibit employees 
    from holding other financial interests. Under the Department's previous 
    standards of conduct regulations at 28 CFR part 45, a Department 
    employee has been prohibited from engaging in ``the private practice of 
    his profession, including the practice of law * * *.'' Despite this 
    prohibition those regulations also stated that ``employees are 
    encouraged to provide public interest professional services so long as 
    such services do not interfere with their official responsibilities.'' 
    Also, such services were required to be uncompensated. Pursuant to 
    Sec. 45.735-9 of those regulations, Justice Department employees were 
    also prohibited from engaging ``in any professional practice or any 
    other outside employment if [t]he activity involves any criminal matter 
    or proceeding whether Federal, State or local * * *.''
        Section 3801.106(b)(1) has the effect of continuing substantially 
    similar prohibitions, based on the Department's determination that it 
    is necessary to ensure public confidence in the impartiality and 
    objectivity with which the Department carries out its mission, and to 
    avoid any appearance of misuse of position. In addition to continuing 
    the tradition of generally prohibiting outside employment that involves 
    the practice of law, and prohibiting participation in criminal or 
    habeas corpus matters, whether Federal, State or local, paragraph 
    (b)(1) further prohibits Department employees from participating, even 
    behind the scenes, in a matter in which the Department is, or 
    represents, a party.
        While the provisions in Sec. 3801.106(b)(1) prohibiting the 
    practice of law by Departmental attorneys is based generally upon the 
    public perception that the Department is the Federal Government's ``law 
    firm,'' and the primary loyalty of Department attorneys should lie only 
    with the Government as client, the section also recognizes the 
    professional obligations of attorneys to the community. Since 1980, 
    each Department of Justice Appropriations Act has contained a provision 
    which states, ``None of the sums authorized to be appropriated by this 
    Act may be used to pay the compensation of any person employed after 
    the date of the enactment of this Act as an attorney (except foreign 
    counsel employed in special cases) unless such person shall be duly 
    licensed and authorized to practice as an attorney under the laws of a 
    State, territory or the District of Columbia.'' The State bars of 
    thirty-four States have a goal or official statement urging members to 
    devote time to the provision of pro bono legal services, some 
    stipulating 50 hours a year of such service in accord with the American 
    Bar Association's Model Rule 6.1. On March 6, 1996, the Attorney 
    General issued a policy statement on pro bono legal and volunteer 
    services in order to encourage Department attorneys to meet the goals 
    of the bar in which they are licensed. That policy also responds to 
    Executive Order 12988 of February 5, 1996, in which the President 
    required all Federal agencies to develop appropriate
    
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    programs to encourage and facilitate pro bono legal and other volunteer 
    services by Government employees. Consequently, Sec. 3801.106(b) of the 
    interim rule contains an exception for the uncompensated practice of 
    law in the nature of community service as well as continuing an 
    exception for practicing law on behalf of certain family members. In 
    order that such practice not otherwise violate any statute or Federal 
    regulation, Sec. 3801.106(c) requires that prior approval must be 
    obtained for all practice of law under this exception.
        Where the restrictions of Sec. 3801.106(b)(1) would cause undue 
    personal or family hardship, unduly prohibit an employee from 
    completing a professional obligation entered into prior to government 
    service, or unduly restrict the Department from securing necessary and 
    uniquely specialized services, particularly from a special Government 
    employee, the restrictions may be waived in writing if it is determined 
    that the activities covered by the waiver are not expected to involve 
    conduct prohibited by statute or Federal regulation. While the waiver 
    standard of such a restriction normally would only require a finding 
    that the activity would not otherwise be expected to violate the 
    interim rule, part 2635 or a statute, waivers under section 
    3801.106(b)(2) will also suffice as prior approval under paragraph (c) 
    of Sec. 3801.106 and therefore must meet the standard of that paragraph 
    which requires consideration of any Federal regulation.
        In order to further ensure against the kinds of conflicts addressed 
    by the prohibition of paragraph (b), paragraph (c) requires a Justice 
    Department employee to obtain written approval before engaging in 
    outside employment not otherwise prohibited that involves: (1) The 
    practice of law; or (2) a subject matter, policy, or program that is in 
    his component's area of responsibility. The approval requirement will 
    supplement the prohibitions in paragraph (b)(1) by allowing managers 
    and ethics officials an additional check to ensure that employees do 
    not engage in outside employment related to the Department's mission 
    that would violate applicable laws and regulations.
    
    28 CFR Part 45
    
        By a separate instrument in this rulemaking document, the 
    Department is repealing those of its agency conduct regulations, 
    currently found at 28 CFR part 45, which are superseded by the Uniform 
    Standards, the regulations established by the interim rule, DOJ Order 
    1735.1 on procedures for complying with ethics requirements, and the 
    uniform, executive branch financial disclosure regulations (Uniform 
    Financial Disclosure Regulations) at 5 CFR part 2634. Sections 45.735-
    4,\1\ 45.735-5(b), and 45.735-7a of 28 CFR of the Department's old 
    conduct standards are being preserved and redesignated and a new cross-
    reference section to the current ethics provisions is being added.
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        \1\ Pursuant to 28 U.S.C. 528, the Department is obligated to 
    issue regulations that require an employee to disqualify himself 
    from participation in certain investigations or prosecutions if such 
    participation may result in a financial, political, or personal 
    conflict of interest. Section 45.735-4 of title 28 CFR satisfies the 
    requirements of 28 U.S.C. 528 relating to political or personal 
    conflicts and is being retained. However, in the Department's view, 
    subparts D and F of 5 CFR part 2635 satisfy the requirements of the 
    statute relating to financial conflicts of interest. Therefore, the 
    Department is repealing Sec. 45.735-5(a) of title 28 of the CFR.
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    III. Matters of Regulatory Procedure
    
    Administrative Procedure Act
    
        Pursuant to 5 U.S.C. 553(b), as Assistant Attorney General for 
    Administration of the Department of Justice, I have found good cause 
    for waiving, as unnecessary and contrary to the public interest, the 
    general notice of proposed rulemaking and the thirty-day delay in entry 
    into effect of the interim rule and repeal. This determination is based 
    on the fact that: (1) The rulemaking is related to the internal 
    organization, procedure, and practice of the Department of Justice; (2) 
    the rulemaking pertains to agency management and personnel; and (3) 
    there is a need for a smooth and speedy transition to the Uniform 
    Standards from the prior Departmental conduct regulations, which were 
    essentially superseded on Februry 3, 1993, when the Uniform Standards 
    entered into effect. As a result of this supersession and the recent 
    expiration of the extended grace period for certain regulatory 
    prohibited financial interest and prior approval for outside 
    employment/activities provisions, the Department currently has no 
    agency-specific standards of conduct in place that address statutory 
    requirements and issues unique to the Department. Given the special 
    nature of the Department's functions, it is imperative that the 
    Department issue supplemental conduct regulations to fill this void as 
    soon as possible. Because this is an interim rulemaking, with provision 
    for a forty-five day public comment period, the Department of Justice 
    will review all comments received during the comment period and, with 
    the concurrence of the Office of Government Ethics, will consider any 
    modifications that may appear to be appropriate in adopting the rule as 
    final.
    
    Executive Order 12866
    
        In promulgating this interim regulation, the Department of Justice 
    has adhered to the regulatory philosophy and the applicable principles 
    of regulation set forth in section 1 of Executive Order 12866, 
    Regulatory Planning and Review. This regulation has not been reviewed 
    by the Office of Management and Budget under the Executive order, it 
    deals with agency organizational, management, and personnel matters and 
    is not in any event, deemed ``significant'' thereunder.
    
    Regulatory Flexibility Act
    
        Pursuant to the Regulatory Flexibility Act, 5 U.S.C. chapter 6, as 
    Assistant Attorney General for Administration of the Department of 
    Justice, I have determined that this regulation will not have a 
    significant economic impact on a substantial number of small entities, 
    because it affects only Department of Justice employees.
    
    Paperwork Reduction Act
    
        As Assistant Attorney General for Administration of the Department 
    of Justice, I have determined that the Paperwork Reduction Act, 44 
    U.S.C. chapter 35, does not apply to the regulation established by the 
    interim rule, because the regulation does not contain any information 
    collection requirements that require the approval of the Office of 
    Management and Budget.
    
    List of Subjects in 5 CFR Part 3801 and 28 CFR Part 45
    
        Conflict of interests, Executive branch standards of conduct, 
    Government employees.
    
        Dated: November 12, 1996.
    Stephen R. Colgate,
    Assistant Attorney General for Administration, Department of Justice.
    
        Approved: November 15, 1996.
    Stephen D. Potts,
    Director, Office of Government Ethics.
    
        Accordingly, for the reasons set forth in the preamble, the 
    Department of Justice, with the concurrence of the Office of Government 
    Ethics, is amending title 5 of the Code of Federal Regulations and is 
    also amending title 28 of the Code of Federal Regulations as follows:
    
    TITLE 5--[AMENDED]
    
        1. A new chapter XXVIII, consisting of part 3801, is added to 5 CFR 
    to read as follows:
    
    [[Page 59814]]
    
    CHAPTER XXVIII--DEPARTMENT OF JUSTICE
    
    PART 3801--SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES 
    OF THE DEPARTMENT OF JUSTICE
    
    Sec.
    3801.101  General.
    3801.102  Detailed or assigned special agents of certain 
    Departmental components.
    3801.103  Designation of separate Departmental components.
    3801.104  Purchase or use of certain forfeited and other property.
    3801.105  Personal use of Government property.
    3801.106  Outside employment.
    
        Authority: 5 U.S.C. 301, 7301; 5 U.S.C. App. (Ethics in 
    Government Act of 1978); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., 
    p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., 
    p. 306; E.O. 12988, 61 FR 4729; 5 CFR 2635.105, 2635.203(a), 
    2635.403(a), 2635.701-2635.705, 2635.803, 2635.807(a)(2)(ii); and 
    DOJ Order 1735.1.
    
    
    Sec. 3801.101   General.
    
        In accordance with Sec. 2635.105 of this title, the regulations in 
    this part apply to employees of the Department of Justice and 
    supplement the Standards of Ethical Conduct for Employees of the 
    Executive Branch in part 2635 of this title. In addition to the 
    regulations contained in part 2635 of this title and in this part, 
    employees are subject to the conduct regulations contained in part 735 
    of this title and 28 CFR part 45.
    
    
    Sec. 3801.102   Detailed or assigned special agents of certain 
    Departmental components.
    
        Notwithstanding a detail or assignment to another entity, any 
    special agent of the Federal Bureau of Investigation or Drug 
    Enforcement Administration who is subject to the regulations or 
    standards of ethical conduct of that entity pursuant to Sec. 2635.104 
    of this title shall also remain subject to the regulations in this 
    part.
    
    
    Sec. 3801.103   Designation of separate Departmental components.
    
        (a) Pursuant to Sec. 2635.203(a) of this title, each of the 
    following components is designated as a separate agency for purposes of 
    the regulations contained in subpart B of part 2635 of this title 
    governing gifts from outside sources, and, accordingly, Sec. 2635.807 
    of this title governing teaching, speaking, and writing:
    
    Antitrust Division
    Bureau of Prisons (including Federal Prison Industries, Inc.)
    Civil Division
    Civil Rights Division
    Community Relations Service
    Criminal Division
    Drug Enforcement Administration
    Environment and Natural Resources Division
    Executive Office for Immigration Review
    Executive Office for United States Attorneys (The Executive Office 
    for United States Attorneys shall not be considered separate from 
    any Office of the United States Attorney for a judicial district, 
    but only from other designated components of the Department of 
    Justice.)
    Executive Office for United States Trustees (The Executive Office 
    for United States Trustees shall not be considered separate from any 
    Office of the United States Trustee for a region, but only from 
    other designated components of the Department of Justice.)
    Federal Bureau of Investigation
    Foreign Claims Settlement Commission
    Immigration and Naturalization Service
    Independent Counsel appointed by the Attorney General
    INTERPOL
    National Drug Intelligence Center
    Justice Management Division
    Office of Information and Privacy
    Office of Intelligence Policy and Review
    Office of Community Oriented Policing Services
    Office of Justice Programs
    Office of the Pardon Attorney
    Office of Policy Development
    Offices of the United States Attorney (94) (Each Office of the 
    United States Attorney for a judicial district shall be considered a 
    separate component from each other such office.)
    Offices of the United States Trustee (21) (Each Office of the United 
    States Trustee for a region shall be considered a separate component 
    from each other such office.)
    Tax Division
    United States Marshals Service
    United States Parole Commission
    
        (b) Employees serving in positions within the Department but 
    outside of the components designated in paragraph (a) of this section 
    must continue to treat the entire Department of Justice as their 
    employing agency for purposes of the gift rules of subpart B of part 
    2635 of this title and the application of the teaching, speaking and 
    writing provisions found in Sec. 2635.807 of this title.
    
    
    Sec. 3801.104  Purchase or use of certain forfeited and other property.
    
        (a) In the absence of prior approval by the agency designee, no 
    employee shall purchase, directly or indirectly, from the Department of 
    Justice or its agents property forfeited to the United States and no 
    employee shall use property forfeited to the United States which has 
    been purchased, directly or indirectly, from the Department of Justice 
    or its agents by his spouse or minor child. Approval may be granted 
    only on the basis of a written determination by the agency designee 
    that in the mind of a reasonable person with knowledge of the 
    circumstances, purchase or use by the employee of the asset will not 
    raise a question as to whether the employee has used his official 
    position or nonpublic information to obtain or assist in an 
    advantageous purchase or create an appearance of loss of impartiality 
    in the performance of the employee's duties. A copy of the written 
    determination shall be filed with the Deputy Attorney General.
        (b) No employee of the United States Marshals Service, Federal 
    Bureau of Investigation, or Drug Enforcement Administration shall 
    purchase, directly or indirectly, from his component, the General 
    Services Administration, or the agent of either, property formerly used 
    by that component and no such employee shall use property formerly used 
    by his component which has been purchased, directly or indirectly, by 
    his spouse or minor child from his component, the General Services 
    Administration, or the agent of either.
    
    
    Sec. 3801.105  Personal use of Government property.
    
        Employees are prohibited by part 2635 of this title from using 
    Government property for other than authorized purposes. On April 21, 
    1995, the Department issued an internal policy authorizing limited 
    personal use of Department of Justice office and library equipment and 
    facilities by its employees. Employees with questions concerning this 
    policy may seek advice and obtain a copy of the policy from their 
    agency designee, who for this purpose shall be the Deputy Designated 
    Agency Ethics Official for the employee's component.
    
    
    Sec. 3801.106  Outside employment.
    
        (a) Definition. For purposes of this section, outside employment 
    means any form of employment, business relationship or activity, 
    involving the provision of personal services whether or not for 
    compensation, other than in the discharge of official duties. It 
    includes, but is not limited to, services as a lawyer, officer, 
    director, trustee, employee, agent, consultant, contractor, or general 
    partner. Speaking, writing and serving as a fact witness are excluded 
    from this definition, so long as they are not combined with the 
    provision of other services that do fall within this definition, such 
    as the practice of law. Employees who wish to engage in compensated 
    speaking and writing should review Sec. 2635.807 of this title.
        (b) Prohibited outside employment. (1) No employee may engage in 
    outside employment that involves:
    
    [[Page 59815]]
    
        (i) The practice of law, unless it is uncompensated and in the 
    nature of community service, or unless it is on behalf of himself, his 
    parents, spouse, or minor children;
        (ii) Any criminal or habeas corpus matter, be it Federal, State, or 
    local; or
        (iii) Litigation, investigations, grants or other matters in which 
    the Department of Justice is or represents a party, witness, litigant, 
    investigator or grant-maker.
        (2) Where application of the restrictions of paragraph (b)(1) of 
    this section will cause undue personal or family hardship; unduly 
    prohibit an employee from completing a professional obligation entered 
    into prior to Government service; or unduly restrict the Department 
    from securing necessary and uniquely specialized services, the 
    restrictions may be waived in writing based upon a determination that 
    the activities covered by the waiver are not expected to involve 
    conduct prohibited by statute or Federal regulation. Employees should 
    refer to DOJ Order 1735.1 on obtaining waivers. The Order is available 
    from the agency designee which, for purposes of this rule, shall be the 
    Deputy Designated Agency Ethics Official for the component.
        (c) Prior approval for outside employment. (1) An employee must 
    obtain written approval before engaging in outside employment, not 
    otherwise prohibited by paragraph (b) of this section that involves:
        (i) The practice of law; or
        (ii) A subject matter, policy, or program that is in his 
    component's area of responsibility.
        (2) Employees should refer to DOJ Order 1735.1 for procedures on 
    obtaining prior approval. A waiver granted pursuant to paragraph (b)(2) 
    of this section will be sufficient to satisfy this prior approval 
    requirement.
        (3) Approval shall be granted only upon a determination that the 
    outside employment is not expected to involve conduct that is 
    prohibited by statute or Federal regulation.
    
    TITLE 28--[AMENDED]
    
    CHAPTER I--DEPARTMENT OF JUSTICE
    
    PART 45--[AMENDED]
    
        2. The authority citation for part 45 is revised to read as 
    follows:
    
        Authority: 5 U.S.C. 301, 901, 7301; 18 U.S.C. 207, 208; 28 
    U.S.C. 503, 528; DOJ Order 1735.1.
    
    
    Secs. 45.735-1--45.735-3, 45.735-6--45.735-45 and the 
    Appendix  [Removed]; Sec. 45.735-5  [Amended]
    
        3. Part 45 is amended by revising the part heading to read 
    ``Employee Responsibilities'' and removing the following sections:
    
    Secs. 45.735-1 through 45.735-3
    Sec. 45.735-5(a)
    Secs. 45.735-6 through 45.735-7
    Secs. 45.735-8 through 45.735-27
    Appendix
    
    
    Sec. 45.735-4  [Redesignated as Sec. 45.2 and amended]
    
        4. Section 45.735-4 is redesignated as Sec. 45.2
    
    
    Sec. 45.735-5(b)  [Redesignated as Sec. 45.3 and amended]
    
        5. Section 45.735-5(b) is redesignated as Sec. 45.3 and the section 
    heading is revised to read ``Financial interest exemptions.''
    
    
    Sec. 45.735-7a  [Redesignated as Sec. 45.4]
    
        6. Section 45.735-7a is redesignated as Sec. 45.4.
        7. A new Sec. 45.1 is added to read as follows:
    
    
    Sec. 45.1  Cross-reference to ethical standards and financial 
    disclosure regulations.
    
        Employees of the Department of Justice are subject to the executive 
    branch-wide Standards of Ethical Conduct at 5 CFR part 2635, the 
    Department of Justice regulations at 5 CFR part 3801 which supplement 
    the executive branch-wide standards, the executive branch-wide 
    financial disclosure regulations at 5 CFR part 2634 and the executive 
    branch-wide employee responsibilities and conduct regulations at 5 CFR 
    part 735.
    
    [FR Doc. 96-29932 Filed 11-22-96; 8:45 am]
    BILLING CODE 4410-AR-M
    
    
    

Document Information

Effective Date:
11/25/1996
Published:
11/25/1996
Department:
Justice Department
Entry Type:
Rule
Action:
Interim rule, with request for comments.
Document Number:
96-29932
Dates:
Interim rule effective November 25, 1996. Comments are invited and must be received on or before January 9, 1997.
Pages:
59811-59815 (5 pages)
RINs:
3209-AA15: Executive Agency Supplemental Standards of Ethical Conduct Regulations Issued Jointly With the Concurrence of the Office of Government Ethics
RIN Links:
https://www.federalregister.gov/regulations/3209-AA15/executive-agency-supplemental-standards-of-ethical-conduct-regulations-issued-jointly-with-the-concu
PDF File:
96-29932.pdf
CFR: (13)
5 CFR 2635.403(a)
28 CFR 45.735-5(a)
5 CFR 2635.807(a)(2)(ii)
28 CFR 45.735-5(b)
5 CFR 3801.101
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