Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Rules and Regulations 20029

obtained as a result of the predecision

notice or interview, or both.

(4) In the reconsideration elimination

model, we will modify the disability

determination process by eliminating

the reconsideration step of the

administrative review process. If you

receive an initial determination on your

claim for SSI payments based on

disability, and you are dissatisfied with

the determination, we will notify you

that you may request a hearing before an

administrative law judge. If you request

a hearing before an administrative law

judge, we will apply our usual

procedures contained in subpart N of

this part.

[FR Doc. 95–9897 Filed 4–21–95; 8:45 am]

BILLING CODE 4190–29–P

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Parts 83 and 84

[DoD Directive 5500.7 and DoD 5500.7–R;

0790–AG12, and 0790–AF83]

Standards of Conduct and Joint Ethics

Regulation

AGENCY: Office of the Secretary of

Defense, DoD.

ACTION: Final rule and request for

comments.

SUMMARY: The changes to these parts,

concerning standards of conduct and

joint ethics, correct typographical errors

and update the regulations in

accordance with changes to related

statutes. The changes are intended to

keep these parts current.

DATES: These changes are effective

November 2, 1994. Comments must be

received no later than June 23, 1995.

ADDRESSES: Forward comments to DoD

Standards of Conduct Office, Office of

General Counsel, 1600 Defense

Pentagon, Washington, DC 20301–1600.

FOR FURTHER INFORMATION CONTACT:

Randi Elizabeth DuFresne, DoD

Standards of Conduct Office, (703) 697–

5305, FAX (703) 697–1640.

SUPPLEMENTARY INFORMATION: On March

21, 1994, the Department of Defense

published a final rule and request for

comments on Standards of Conduct and

Joint Ethics Regulation. See 59 FR 13212

and 13213. Two public comments were

received. Both expressed appreciation of

the regulation and required no further

action.

Executive Order 12866

It has been determined that these are

not significant changes as defined under

section 3(f)(1) through 3(f)(4) of

Executive Order 12866.

Regulatory Flexibility Act

It has been certified that these

changes are not subject to the

Regulatory Flexibility Act (5 U.S.C.

chapter 6) because they do not have a

significant economic impact on a

substantial number of small entities.

The changes affects only DoD

employees and are to update existing

regulations in keeping with changes to

related statutes.

Paperwork Reduction Act

It has been certified that these

changes impose no reporting or record

keeping requirements under the

Paperwork Reduction Act of 1980 (44

U.S.C. 3501–3502).

List of Subjects in 32 CFR Parts 83 and

84

Conflicts of interest, Government

procurement.

Accordingly, 32 CFR parts 83 and 84

are amended as follows:

PART 83—[AMENDED]

1. The authority citation for part 83

continues to read as follows:

Authority: 5 U.S.C., 301, 7301, 7351, 7353;

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; 5 CFR

part 2635.

§ 83.1 [Amended]

2. Section 83.1(c) is amended by

removing ‘‘August 1989.’’

PART 84—[AMENDED]

1. The authority citation for part 84

continues to read as follows:

Authority: 5 U.S.C., 301, 7301, 7351, 7353;

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; 5 CFR

part 2635.

§ 84.4 [Amended]

2. Section 84.4 is amended in

paragraphs (a)(1) and (a)(4) after the

acronyms ‘‘DAEO’’ by adding ‘‘or

designee’’.

3. Section 84.7 is amended in

paragraph (c)(1) by removing ‘‘735.208’’

and adding in its place ‘‘735.201’’, in

paragraph (c)(3) by removing ‘‘406’’

adding in its place ‘‘40b’’; and by

revising paragraph (c)(1)(ii), by

removing the period at the end of

paragraph (c)(1)(iii) and adding ‘‘;or’’

and by adding paragraph (c)(1)(iv) to

read as follows:

§ 84.7 DoD guidance.

* * * * *

(c) * * *

(1) * * *

(ii) Activities by organizations

composed primarily of DoD employees

or their dependents for the benefit of

welfare funds for their own members or

for the benefit of other DoD employees

or their dependents, subject to the

limitations of local law and of § 84.9(k)

and (l), when approved by the Head of

the DoD Component or designee;

* * * * *

(iv) Purchases of lottery tickets

authorized by any State from blind

vendors licensed to operate vending

facilities in accordance with 20 U.S.C.

107a(5).

* * * * *

4. Section 84.9 is amended in

paragraph (b) after the word ‘‘entities’’

by removing the word ‘‘where’’ and

adding in its place ‘‘when appointed by

the head of the DoD Component

command or organization who

determines’’; in paragraph (k)(1)(vi) after

the word ‘‘composed’’ by adding

‘‘primarily’’; in paragraph (k)(2) by

revising ‘‘paragraph (d)’’ to read

‘‘paragraph (f)’’; in paragraph (l)(1)

introductory text by revising ‘‘DoD

equipment’’ to read ‘‘DoD facilities and

equipment’’; in paragraph (l)(1)(ii) after

the word ‘‘event’’ by adding ‘‘(OPM

generally has no objection to support of

events that do not specifically target

Federal employees for fundraising)’’;

and by revising paragraphs (l)(1)(vi),

(l)(1)(vii) and (m) introductory text to

read as follows:

§ 84.9 Official participation in non-Federal

entities.

* * * * *

(l) * * *

(1) * * *

(vi) The DoD Component command or

organization is able and willing to

provide the same support to comparable

events that meet the criteria of this

subsection and are sponsored by other

similar non-Federal entities;

* * * * *

(viii) Except for a charitable

fundraising event that meets all other

criteria for DoD participation, no

admission fee (beyond what will cover

the reasonable costs of sponsoring the

event) is charged for the event, no

admission fee (beyond what will cover

the reasonable costs of sponsoring the

event) is charged for the portion of the

event supported by the DoD, or DoD

support to the event is incidental to the

entire event in accordance with public

affairs guidance.

* * * * *
20030 Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Rules and Regulations

13See footnote 2 to § 84.4(d)(7).

14See footnote 2 to § 84.4(d)(7).

(m) Relationship governed by other

authorities. In addition to the provisions

of this section, certain organizations

have special relationships with the DoD

or its employees specially recognized by

law or by other directives. The

organizations include:

* * * * *

Footnotes 14 through 26 [Redesignated as

15 through 27].

5. Redesignate footnotes 14 through

26 as footnotes 15 through 27.

6. Section 84.10 is amended in

paragraph (a)(2) introductory text by

removing ‘‘, in accordance with FPM

252 and 630 12 and related DoD

regulations,’’ and footnote 12; by

redesignating paragraph (a)(2)(ii) as

paragraph (a)(2)(iii); by revising the first

sentence in paragraph (b); by

redesignating footnote 13 as footnote 12

in paragraph (g)(5); and by adding a new

paragraph (a)(2)(ii) and revising

paragraphs (a)(3) and (h)(3) to read as

follows:

§ 84.10 Personal participation in nonFederal entities.

* * * * *

(a) * * *

(2) * * *

(ii) The Agency can derive some

benefit from the participation or

preparation, such as expansion of

professional expertise by DoD

employees or improved public

confidence derived from the

professional recognition of the DoD

employee’s competence;

* * * * *

(3) Community support activities.

Agency designees may permit excused

absences for reasonable periods of time

for their DoD employees to voluntarily

participate in community support

activities that promote civic awareness

and uncompensated public service such

as disaster relief events, blood

donations, and voting and registering to

vote.

* * * * *

(b) * * * Except for such service in

the organizations listed in § 84.9(k)(1), a

DoD employee may not serve in a

personal capacity as an officer, member

of the Board of Directors, or in any other

similar position in any non-Federal

entity offered because of their DoD

assignment or position. * * *

* * * * *

(h) * * *

(3) Honoraria. Compensation for a

lecture, speech or writing may be

restricted by the honoraria prohibition

of 5 U.S.C. App. (Ethics in Government

Act of 1978, sec 501); 5 CFR part 2636,

and 5 CFR 2635.807. However, the U.S.

Office of Government Ethics, by

memorandum dated February 2, 1994,13

determined in accordance with a

Department of Justice letter to the

Director, Office of Government Ethics,14

that the Department of Justice will not

seek to impose penalties for violations

of 5 U.S.C. App. (Ethics in Government

Act of 1978, sec 501); with respect to

receipt of honoraria between September

28, 1993 and the date on which the

Supreme Court issues its decision on

this matter.

§ 84.16 [Amended]

7. Section 84.16 is amended by

removing paragraph (j)(1), redesignating

paragraphs (j)(2) through (j)(4) as

paragraphs (j)(1) through (j)(3).

§ 84.17 [Amended]

8. Section 84.17 is amended by

removing ‘‘733’’ and adding in its place

‘‘734’’.

9. Section 84.18 is revised to read as

follows:

§ 84.18 Political activities of civilian DoD

employees.

(a) Policy.

(1) The policy governing the political

activities of civilian DoD employees is

derived from the Hatch Act

Amendments, 5 U.S.C. 7321 through

7325. Guidance on the application of

the Hatch Act Amendments is provided

by the Hatch Act Hotline at the Office

of Special Counsel at 1–(800) 854–2824.

(2) Primary enforcement

responsibility under the Hatch Act

Amendments lies with the Office of

Special Counsel under 5 U.S.C. 1216(c);

however, DoD Components have

responsibility to investigate allegations

of prohibited political activity by

excepted service employees of the DoD

Component.

(3) It is DoD policy to encourage

civilian DoD employees and members of

the Armed Forces to carry out the

obligations of citizenship to the

maximum extent possible consistent

with the restrictions imposed by law

and by this part.

(b) Permissible activities. Subject to

paragraphs (b) and (c) of this section,

civilian DoD employees may, in their

personal capacities:

(1) Be candidates for public office in

nonpartisan elections;

(2) Register and vote as they choose;

(3) Assist in voter registration drives;

(4) Express opinions about candidates

and issues;

(5) Contribute money to political

organizations;

(6) Attend political fundraising

functions;

(7) Attend and be active at political

rallies and meetings;

(8) Join and be an active member of

a political party or club;

(9) Sign nominating petitions;

(10) Campaign for or against

referendum questions, constitutional

amendments, or municipal ordinances;

(11) Campaign for or against

candidates in partisan elections (see

paragraph (b)(3) of this section);

(12) Make campaign speeches for

candidates in partisan elections (see

paragraph (b)(3) of this section);

(13) Distribute campaign literature in

partisan elections (see paragraph (b)(3)

of this section);

(14) Hold office in political clubs or

parties (see paragraph (b)(3) of this

section).

(c) Limitations.

(1) Military members are not covered

by the Hatch Act Amendments, 5 U.S.C.

7321 through 7327. Political activities of

Military members are covered in

§ 84.19.

(2) Notwithstanding paragraph (a) of

this section, as a matter of longstanding

DoD policy, DoD employees who are

appointed by the President, by and with

the advice and consent of the Senate

(e.g. the Secretary of Defense, the

Secretaries of the Military Departments,

etc.), and DoD employees who are

appointed by the Secretary of Defense to

non-career Senior Executive Service

positions may not engage in activities

that could be interpreted as associating

the DoD with any partisan political

cause or issue.

(3) The following DoD employees

(except for Presidential appointees who

are confirmed by and with the consent

of the Senate) are prohibited from

engaging in the activities described in

paragraphs (a)(11) through (a)(14) of this

section:

(i) Employees of the National Security

Agency;

(ii) Employees of the Defense

Intelligence Agency;

(iii) Career members of the senior

executive service;

(iv) Administrative Law Judges; and

(v) Contract appeals board members.

(d) Prohibited activities. Civilian DoD

employees may not:

(1) Use official authority or influence

for the purpose of interfering with or

affecting the result of an election;

(2) Collect political contributions

unless both the collector and the donor

are members of the same Federal labor

organization or employee organization

and the donor is not a subordinate;

(3) Knowingly solicit or discourage

the political activity of any person who

has business with DoD;
Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Rules and Regulations 20031

(4) Engage in political activity while

on duty;

(5) Engage in political activity while

in any Federal workplace;

(6) Engage in political activity while

wearing an official uniform or

displaying official insignia identifying

the office or position of the DoD

employee;

(7) Engage in political activity while

using a Government owned or leased

vehicle;

(8) Solicit political contributions from

the general public;

(9) Be a candidate for public office in

partisan elections;

(10) Wear political buttons on duty;

(11) Contribute to the political

campaign of another Federal

Government employee who is in the

DoD employee’s chain of command or

supervision or who is the employing

authority, including the political

campaign to re-elect the President or

Vice President.

(e) DoD employees residing in

designated localities. Notwithstanding

the prohibitions of paragraph (c) of this

section, a DoD employee (except those

DoD employees listed in paragraph

(b)(3) of this section) who resides in a

municipality or political subdivision,

either in the immediate vicinity of the

District of Columbia or in which the

majority of voters are employed by the

Federal Government, as designated by

OPM under 5 CFR 733.102(d) may:

(1) Run as an independent candidate

for election to a partisan political office

in an election for local office of the

municipality or political subdivision

provided the candidacy for, and service

in, the partisan political office shall not

result in neglect of, or interference with,

the performance of the duties of the DoD

employee or create an actual or apparent

conflict of interest; and

(2) Accept or receive political

contributions in connection with a local

election of the municipality or political

subdivision provided the DoD employee

does not solicit political contributions

from the general public.

(f) Political recommendations.

(1) The restrictions of 5 U.S.C. 3303

apply to all personnel actions described

in 5 U.S.C. 2302(a)(2)(A) (i) through (x)

for individuals in or applicants to the

following DoD positions:

(i) Competitive service employees;

(ii) Career appointees in the Senior

Executive Service; and

(iii) Excepted service employees other

than one who is appointed by the

President or whose position has been

determined to be of confidential, policydetermining, policy-making, or policyadvocating character.

(2) Each personnel action with respect

to a DoD employee or applicant, as

described in paragraph (c)(1) of this

section, shall be taken without regard to

any recommendation or statement, oral

or written, made by the following types

of individuals:

(i) Members of Congress or

Congressional employees;

(ii) Elected officials of any State

(including the District of Columbia and

the Commonwealth of Puerto Rico),

county, city, or other subdivision

thereof;

(iii) Officials of political parties; or

(iv) Other individuals or organizations

making such recommendations or

statements on the basis of the party

affiliations of the DoD employee or

applicant recommended.

(3) DoD employees may solicit,

accept, and consider any statement with

respect to a DoD employee or applicant

described in paragraph (c)(1) of this

section if the statement meets one of the

following conditions:

(i) It is pursuant to a request or

requirement of the DoD Component and

consists solely of an evaluation of the

work performance, ability, aptitude, and

general qualifications of the DoD

employee or applicant;

(ii) It relates solely to the character

and residence of the DoD employee or

applicant;

(iii) It is furnished pursuant to a

request made by an authorized

representative of the Government of the

United States solely in order to

determine whether the DoD employee or

applicant meets suitability or security

standards;

(iv) It is furnished by a former

employer of the DoD employee or

applicant pursuant to a request of an

agency, and consists solely of an

evaluation of the work performance,

ability, aptitude, and general

qualifications of such DoD employee or

applicant during employment with such

former employer; or

(v) It is furnished pursuant to a

provision of law or regulation

authorizing consideration of such

statement with respect to a specific

position or category of positions.

(4) DoD Component Heads are

required by 5 CFR 300.801 to ensure

that DoD employees and applicants

described in paragraph (c)(1) of this

section are notified of the provisions of

5 U.S.C. 3303.

10. Section 84.21 is amended in

paragraph (a)(1)(iv) after the first time

the word ‘‘or’’ appears by adding

‘‘civilian DoD employees under other

pay systems’’ and by revising the

heading and paragraph (g)(2)(iv) to read

as follows:

§ 84.21 Public financial disclosure report

(SF 278).

* * * * *

(g) * * *

(2) * * *

(iv) If the Ethics Counselor agrees

with the supervisor’s evaluation that no

item violates, or appears to violate,

applicable laws or regulations, then:

(A) The Ethics Counselor shall

annotate the report or attach an

endorsement stating that no conflicts of

interest under applicable laws or

regulations exist, and forward it to the

appropriate DoD Component DAEO or

designee; and

(B) If there are no financial interests

in non-Federal entities doing or seeking

business with DoD reported on the SF

278, the Ethics Counselor may issue a

memorandum with the SF 278 to the

appropriate DoD Component DAEO or

designee.

* * * * *

11. In § 84.22, paragraph (a)(2)

introductory text is redesignated as

paragraph (a)(2)(i) and paragraph

(a)(2)(ii) is added to read as follows:

§ 84.22 Confidential financial disclosure

report (SF 450).

* * * * *

(a) * * *

(2) * * *

(ii) DoD employees who are not

employed in contracting or procurement

and who have decision making

responsibilities regarding expenditures

of less than $2,500 per purchase and

less than $25,000 cumulatively per year

are excluded from the requirement to

file the SF 450. However, Agency

Designees may require such DoD

employees, in individual cases, to file

the SF 450. Such DoD employees

remain subject to conflict of interest

statutes and regulations.

* * * * *

12. Section 84.23 is amended in

paragraph (a) introductory text by

removing ‘‘August 1989’’ and

paragraphs (d)(1) and (d)(2) are revised

to read as follows:

§ 84.23 Report on DoD and defense related

employment (DD form 1787).

* * * * *

(d) * * *

(1) After the Ethics Counselor signs

and dates the report, the Ethics

Counselor shall send the original to the

entire DoD Component DAEO or

designee, who shall forward it, together

with all other such reports that were

received during the previous calendar

year, to SOCO not later than March 15.

(2) The DoD Component DAEO or

designee shall ensure that appropriate

data from each DD Form 1787 is
20032 Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Rules and Regulations

extracted and sent, together with all

other such data from other such reports

that were received during the previous

calendar year for the entire DoD

Component, by March 15, to the Defense

Manpower Data Center (DMDC) where a

consolidated report to Congress is

compiled. DMDC will accept data only

on computer disk using any common

word processing software or ASCII.

* * * *

13. Section 84.33 is amended by

removing paragraphs (a)(1)(ii) and (a)(3)

and removing the paragraph designation

‘‘(i)’’ in paragraph (a)(1); by

redesignating paragraphs (a)(1)(A)

through (a)(1)(C) as paragraphs (a)(1)(i)

through (a)(1)(iii); in paragraph (a)(2) by

revising ‘‘these two statutes’’ to read

‘‘this statute’’; in newly designated

paragraph (a)(1)(ii) remove ‘‘DoD’’ and

add in its place ‘‘DoJ’’; and by revising

paragraph (a) introductory text to read

as follows:

§ 84.33 Restrictions on retired military

members.

* * * * *

(a) 18 U.S.C. 281(a). This statute

restricts the selling activities of retired

military officers. The provisions of this

statute were suspended by the Federal

Acquisition Streamlining Act of 1994

through December 31, 1996.

* * * * *

14. Section 84.36 (d)(1) through (d)(3)

are revised to read as follows:

§ 84.36 Reports of DoD and defense

related employment (DD Form 1787).

* * * * *

(d) * * *

(1) After the Ethics Counselor signs

and dates the report, the Ethics

Counselor shall send the original to the

DoD Component DAEO or designee,

who shall forward it, together with all

other such reports that were received

during the previous calendar year, to

SOCO not later than March 15.

(2) The DoD Component DAEO or

designee shall ensure that appropriate

data from each DD Form 1787 is

extracted and sent, together with all

other such data from other such reports

that were received during the previous

calendar year for the entire DoD

Component, by March 15 to the Defense

Manpower Data Center (DMDC) where a

consolidated report to Congress is

compiled. DMDC will accept data only

on computer disk using any common

word processing software or ASCII.

(3) If steps ensuring compliance with

applicable law and regulations are not

taken by the date established, the Ethics

Counselor shall report the matter to the

DoD Component DAEO and take

whatever other action might be required

in accordance with subchapter J of this

part.

* * * * *

§ 84.38 [Amended]

15. Section 84.38 is amended in

paragraph (c)(2) by revising ‘‘shall’’ to

read ‘‘may’’.

Appendix A to Part 84 [Amended]

16. Appendix A to Part 84 is amended

by removing paragraph (f) of section 1.

Dated: April 18, 1995.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 95–9967 Filed 4–21–95; 8:45 am]

BILLING CODE 5000–04–M

32 CFR Part 298

[DIS Regulation 01–12]

Defense Investigative Service Freedom

of Information Act Program

AGENCY: Defense Investigative Service

(DIS), DOD.

ACTION: Final rule.

SUMMARY: This revision regarding

implementation of the DIS Freedom of

Information Act program makes

organizational and administrative

changes and conforms these regulations

to the DOD Freedom of Information Act

program.

EFFECTIVE DATE: April 24, 1995.

FOR FURTHER INFORMATION CONTACT:

Mr. Dale L. Hartig, Chief, Office of

Information and Public Affairs, (703)

325–5324.

SUPPLEMENTARY INFORMATION: It has been

certified that this final rule does not

exert a significant economic impact on

a substantial number of small entities.

This determination is based upon the

fact that the rule merely recodifies the

procedural aspects of the Defense

Investigative Service Freedom of

Information Act Program, which

includes guidance on how and from

whom to request information pertaining

to the agency; imposes no new

requirements, rights, or benefits on

small entities; and will have neither a

beneficial nor adverse affect on small

entities. This rule conforms to 32 CFR

part 286. A notice of proposed

rulemaking was published in the

Federal Register on May 6, 1994 (59 FR

23649).

Interested parties were given until

July 5, 1994 to respond. No comments

were received.

List of Subjects in 32 CFR Part 298

Freedom of information.

Accordingly, 32 CFR Part 298 is

revised to read as follows:

PART 298—DEFENSE INVESTIGATIVE

SERVICE (DIS) FREEDOM OF

INFORMATION ACT PROGRAM

Sec.

298.1 Purpose.

298.2 Organization.

298.3 Records maintained by DIS.

298.4 Procedure for release of DIS records.

298.5 Information requirements.

Authority: 5 U.S.C. 552.

§ 298.1 Purpose.

This part states the intent of the

agency regarding policy and procedures

for the public to obtain information

from the Defense Investigative Service

(DIS) under the Freedom of Information

Act (FOIA).

§ 298.2 Organization.

(a) The DIS organization includes a

Headquarters located in Alexandria,

Virginia; four Regions and one

operational area with subordinate

operating locations throughout the

Continental United States (CONUS),

Alaska, Hawaii, and Puerto Rico; the

Defense Industrial Security Clearance

Office (DISCO), Columbus, Ohio; the

Personnel Investigations Center (PIC)

and National Computer Center (NCC) in

Baltimore, Maryland; Office of

Industrial Security International Europe

(OISI–E), located in Brussels, Belgium

with a subordinate office in Mannheim,

Germany; Office of Industrial Security

International Far East (OISI–FE) located

at Camp Zama, Japan; and the

Department of Defense Security

Institute, located in Richmond, Virginia.

(b) A copy of the DIS Directory

showing the addresses of all offices, is

available to the public upon request and

may be obtained by following the

procedures outlined in § 298.4. The

names and duty addresses of DIS

personnel serving overseas are not

released.

§ 298.3 Records maintained by DIS.

It is the policy of DIS to make

publicly available all information which

may be released under the Freedom of

information Act (FOIA), consistent with

its other responsibilities. In

implementing this policy, DIS follows

the procedures set forth in 32 CFR part

286. DIS maintains the following

records which may be of interest to the

public:

(a) The Defense Clearance and

Investigations Index (DCII), which

contains references to investigative

records created and held by DoD

Components. The records indexed are

primarily those prepared by the