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 Justiceregulations at 5 CFR part 3801 which supplement the executive branch-widestandards, the executive branch-wide financial disclosure regulations at 5 CFRpart 2634 and the executive branch-wide employee responsibilities and conductregulations at 5 CFR part 735.

(a) Unless authorized under paragraph (b) of this section, no employee shallparticipate in a criminal investigation or prosecution if he has a personal orpolitical relationship with:

(1) Any person or organization substantially involved in the conduct that isthe subject of the investigation or prosecution; or

(2) Any person or organization which he knows has a specific and substantialinterest that would be directly affected by the outcome of the investigation orprosecution.

(b) An employee assigned to or otherwise participating in a criminalinvestigation or prosecution who believes that his participation may beprohibited by paragraph (a) of this section shall report the matter and allattendant facts and circumstances to his supervisor at the level of sectionchief or the equivalent or higher. If the supervisor determines that a personalor political relationship exists between the employee and a person ororganization described in paragraph (a) of this section, he shall relieve theemployee from participation unless he determines further, in writing, after fullconsideration of all the facts and circumstances, that:

(1) The relationship will not have the effect of rendering the employee'sservice less than fully impartial and professional; and

(2) The employee's participation would not create an appearance of a conflictof interest likely to affect the public perception of the integrity of theinvestigation or prosecution.

(c) For the purposes of this section:

(1) Political relationship means a close identification with anelected official, a candidate (whether or not successful) for elective, publicoffice, a political party, or a campaign organization, arising from service as aprincipal adviser thereto or a principal official thereof; and

(2) Personal relationship means a close and substantialconnection of the type normally viewed as likely to induce partiality. Anemployee is presumed to have a personal relationship with his father, mother,brother, sister, child and spouse. Whether relationships (including friendships)of an employee to other persons or organizations are “personal” mustbe judged on an individual basis with due regard given to the subjective opinionof the employee.

(d) This section pertains to agency management and is not intended to createrights enforceable by private individuals or organizations.

(a) Upon a determination by the Assistant Attorney General in charge of theCriminal Division (Assistant Attorney General), after investigation, that thereis reasonable cause to believe that a former officer or employee, including aformer special Government employee, of the Department of Justice (formerdepartmental employee) has violated 18 U.S.C. 207 (a), (b) or (c), the AssistantAttorney General shall cause a copy of written charges of the violation(s) to beserved upon such individual, either personally or by registered mail. Thecharges shall be accompanied by a notice to the former departmental employee toshow cause within a specified time of not less than 30 days after receipt of thenotice why he or she should not be prohibited from engaging in representationalactivities in relation to matters pending in the Department of Justice, asauthorized by 18 U.S.C. 207(j), or subjected to other appropriate disciplinaryaction under that statute. The notice to show cause shall include:

(1) A statement of allegations, and their basis, sufficiently detailed toenable the former departmental employee to prepare an adequate defense,

(2) Notification of the right to a hearing, and

(3) An explanation of the method by which a hearing may be requested.

(b) If a former departmental employee who submits an answer to the notice toshow cause does not request a hearing or if the Assistant Attorney General doesnot receive an answer within five days after the expiration of the timeprescribed by the notice, the Assistant Attorney General shall forward therecord, including the report(s) of investigation, to the Attorney General. Inthe case of a failure to answer, such failure shall constitute a waiver ofdefense.

(c) Upon receipt of a former departmental employee's request for a hearing,the Assistant Attorney General shall notify him or her of the time and placethereof, giving due regard both to such person's need for an adequate period toprepare a suitable defense and an expeditious resolution of allegations that maybe damaging to his or her reputation.

(d) The presiding officer at the hearing and any related proceedings shall bea federal administrative law judge or other federal official with comparableduties. He shall insure that the former departmental employee has, among others,the rights:

(1) To self-representation or representation by counsel,

(2) To introduce and examine witnesses and submit physical evidence,

(3) To confront and cross-examine adverse witnesses,

(4) To present oral argument, and

(5) To a transcript or recording of the proceedings, upon request.

(e) The Assistant Attorney General shall designate one or more officers oremployees of the Department of Justice to present the evidence against theformer departmental employee and perform other functions incident to theproceedings.

(f) A decision adverse to the former departmental employee must be sustainedby substantial evidence that he violated 18 U.S.C. 207 (a), (b) or (c).

(g) The presiding officer shall issue an initial decision based exclusivelyon the transcript of testimony and exhibits, together with all papers andrequests filed in the proceeding, and shall set forth in the decision findingsand conclusions, supported by reasons, on the material issues of fact and lawpresented on the record.

(h) Within 30 days after issuance of the initial decision, either party mayappeal to the Attorney General, who in that event shall issue the final decisionbased on the record of the proceedings or those portions thereof cited by theparties to limit the issues. If the final decision modifies or reverses theinitial decision, the Attorney General shall specify the findings of fact andconclusions of law that vary from those of the presiding officer.

(i) If a former departmental employee fails to appeal from an adverse initialdecision within the prescribed period of time, the presiding officer shallforward the record of the proceedings to the Attorney General.

(j) In the case of a former departmental employee who filed an answer to thenotice to show cause but did not request a hearing, the Attorney General shallmake the final decision on the record submitted to him by the Assistant AttorneyGeneral pursuant to subsection (b) of this section.

(k) The Attorney General, in a case where:

(1) The defense has been waived,

(2) The former departmental employee has failed to appeal from an adverseinitial decision, or

(3) The Attorney General has issued a final decision that the formerdepartmental employee violated 18 U.S.C. 207 (a), (b) or (c),

(i) Prohibiting the former departmental employee from making, on behalf ofany other person (except the United States), any informal or formal appearancebefore, or, with the intent to influence, any oral or written communication to,the Department of Justice on a pending matter of business for a period not toexceed five years, or

(ii) Prescribing other appropriate disciplinary action.

(l) An order issued under either paragraph (k)(3) (i) or (ii) of this sectionmay be supplemented by a directive to officers and employees of the Departmentof Justice not to engage in conduct in relation to the former departmentalemployee that would contravene such order.

(a) Employees may use Government property only for official business or asauthorized by the Government. See 5 CFR 2635.101(b)(9), 2635.704(a). Thefollowing uses of Government office and library equipment and facilities arehereby authorized:

(1) Personal uses that involve only negligible expense (such as electricity,ink, small amounts of paper, and ordinary wear and tear); and

(2) Limited personal telephone/fax calls to locations within the office'scommuting area, or that are charged to non-Government accounts.

(b) The foregoing authorization does not override any statutes, rules, orregulations governing the use of specific types of Government property (e.g.internal Departmental policies governing the use of electronic mail; and 41 CFR(FPMR) 101-35.201, governing the authorized use of long-distance telephoneservices), and may be revoked or limited at any time by any supervisor orcomponent for any business reason.

(c) In using Government property, employees should be mindful of theirresponsibility to protect and conserve such property and to use official time inan honest effort to perform official duties. See 5 CFR 2635.101(b)(9),2635.704(a), 2635.705(a).

(a) Definitions. The following definitions shall apply withrespect to this section, which implements the provisions of the Justice for AllAct that relate to protection of the rights of crime victims. See18 U.S.C. 3771.

Crime victim means a person directly and proximately harmed asa result of the commission of a Federal offense or an offense in the District ofColumbia. In the case of a crime victim who is under 18 years of age,incompetent, incapacitated, or deceased, the legal guardians of the crime victimor the representatives of the crime victim's estate, family members, or anyother persons appointed as suitable by the court, may assume the crime victim'srights, but in no event shall the defendant be named as such guardian orrepresentative.

Crime victims' rights means those rights provided in 18 U.S.C.3771.

Employee of the Department of Justice means an attorney,investigator, law enforcement officer, or other personnel employed by anydivision or office of the Department of Justice whose regular course of dutiesincludes direct interaction with crime victims, not including a contractor.

Office of the Department of Justice means a component of theDepartment of Justice whose employees directly interact with crime victims inthe regular course of their duties.

(b) The Attorney General shall designate an official within the ExecutiveOffice for United States Attorneys (EOUSA) to receive and investigate complaintsalleging the failure of Department of Justice employees to provide rights tocrime victims under 18 U.S.C. 3771. The official shall be called the Departmentof Justice Victims' Rights Ombudsman (VRO). The VRO shall then designate, inconsultation with each office of the Department of Justice, an official in eachoffice to serve as the initial point of contact (POC) for complainants.

(c) Complaint process. (1) Complaints must be submitted inwriting to the POC of the relevant office or offices of the Department ofJustice. If a complaint alleges a violation that would create a conflict ofinterest for the POC to investigate, the complaint shall be forwarded by the POCimmediately to the VRO.

(2) Complaints shall contain, to the extent known to, or reasonably availableto, the victim, the following information:

(i) The name and personal contact information of the crime victim whoallegedly was denied one or more crime victims' rights;

(ii) The name and contact information of the Department of Justice employeewho is the subject of the complaint, or other identifying information if thecomplainant is not able to provide the name and contact information;

(iii) The district court case number;

(iv) The name of the defendant in the case;

(v) The right or rights listed in 18 U.S.C. 3771 that the Department ofJustice employee is alleged to have violated; and

(vi) Specific information regarding the circumstances of the allegedviolation sufficient to enable the POC to conduct an investigation, including, but not limited to: The date of the alleged violation; an explanation of how thealleged violation occurred; whether the complainant notified the Department ofJustice employee of the alleged violation; how and when such notification wasprovided to the Department of Justice employee; and actions taken by theDepartment of Justice employee in response to the notification.

(3) Complaints must be submitted within 60 days of the victim's knowledge ofa violation, but not more than one year after the actual violation.

(4)(i) In response to a complaint that provides the information requiredunder paragraph (c)(2) of this section and that contains specific and credibleinformation that demonstrates that one or more crime victims' rights listed in18 U.S.C. 3771 may have been violated by a Department of Justice employee oroffice, the POC shall investigate the allegation(s) in the complaint within areasonable period of time.

(ii) The POC shall report the results of the investigation to the VRO.

(5) Upon receipt of the POC's report of the investigation, the VRO shalldetermine whether to close the complaint without further action, whether furtherinvestigation is warranted, or whether action in accordance with paragraphs (d)or (e) of this section is necessary.

(6) Where the VRO concludes that further investigation is warranted, he mayconduct such further investigation. Upon conclusion of the investigation, theVRO may close the complaint if he determines that no further action is warrantedor may take action under paragraph (d) or (e) of this section.

(7) The VRO shall be the final arbiter of the complaint.

(8) A complainant may not seek judicial review of the VRO's determinationregarding the complaint.

(9) To the extent permissible in accordance with the Privacy Act and otherrelevant statutes and regulations regarding release of information by theFederal government, the VRO, in his discretion, may notify the complainant ofthe result of the investigation.

(10) The POC and the VRO shall refer to the Office of the Inspector Generaland to the Office of Professional Responsibility any matters that fall underthose offices' respective jurisdictions that come to light in an investigation.

(d) If the VRO finds that an employee or office of the Department of Justicehas failed to provide a victim with a right to which the victim is entitledunder 18 U.S.C. 3771, but not in a willful or wanton manner, he shall requiresuch employee or office of the Department of Justice to undergo training onvictims' rights.

(e) Disciplinary procedures. (1) If, based on theinvestigation, the VRO determines that a Department of Justice employee haswantonly or willfully failed to provide the complainant with a right listed in18 U.S.C. 3771, the VRO shall recommend, in conformity with laws and regulationsregarding employee discipline, a range of disciplinary sanctions to the head ofthe office of the Department of Justice in which the employee is located, or tothe official who has been designated by Department of Justice regulations andprocedures to take action on disciplinary matters for that office. The head ofthat office of the Department of Justice, or the other official designated byDepartment of Justice regulations and procedures to take action on disciplinarymatters for that office, shall be the final decision-maker regarding thedisciplinary sanction to be imposed, in accordance with applicable laws andregulations.

(2) Disciplinary sanctions available under paragraph (e)(1) of this sectioninclude all sanctions provided under the Department of Justice Human ResourcesOrder, 1200.1.