SECTION 1. ACTIVITIES AND STANDARDS OF CONDUCT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-00530R000701780004-0
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 19
• Document Creation Date: December 23, 2016
• Document Release Date: March 13, 2013
• Sequence Number: 4
• Publication Date: November 29, 1984
• Content Type: REGULATION

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PART I
SECTION 1. ACTIVITIES AND STANDARDS OF CONDUCT
1-1 INTRODUCTION
[Regulations concerning the conduct and activities of employees are
published in the Code of Federal Regulations (CFR), Title 28, Part 45.735 and
Part 45, Appendix. Their source is found generally in Departmental Order
350-65 dated 12/28/65, as amended by. Departmental Order 960-81 dated 10/26/81,
which provides that employees shall conduct themselves in a manner that
creates and maintains respect forthe Department of Justice and the U.S.
Government. In all their activities, personal and official, they should
always be mindful of the high standards of behavior expected of them.]
(1) [Departmental Order 350-65, as amended by Departmental Order
960-81 dated 10/26/81, further provides that no Department of Justice employee
shall participate personally and substantially as a Government employee,
through decision, approval, disapproval, recommendation, the rendering of
advice, investigation or otherwise, in a judicial or other proceeding,
Application, request for a ruling or other determination, contract, claim, in
which, to his/her knowledge, he/she, his/her spouse, minor child, partner,
organization in Which he/she is serving as officer, director," trustee,
partner, or employee, or any person or organization with Whom he/she is
negotiating or has any arrangement concerning prospective employment, has a
financial interest, unless authorized to do so by the Deputy Attorney General.
This prohibition includes such financial interests as ownership of securities
of corporations or other entities which may become involved in Bureau
investigation. The prohibited actions include supervisory decisions and
recommendations, as well as investigative activities. Any employee receiving
an assignment involving any matters in which employee has a direct or indirect
financial interest as defined in the departmental order shall immediately
advise his/her superior and shall be relieved of such assignment. Should
there be a strong reason for requesting the Department's approval for the �
employee to participate in the assignment, the matter should be submitted to
FBIRQ for consideration regarding presentation to the Department. In any
event the employee should not. participate in such assignment until the
Department's authorization has been received. The departmental order
specifically exempts from the above prohibition the stock, bond, or policy
holdings of an employee in a mutual fund, investment company, bank, or
insurance company Which owns an interest in an entity involved in the matter
provided that fair value of the employee's holding does not exceed 1 percent
of the value of the reported assets of the mutual fund, investment company, or
bank.]
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SECTION 1. ACTIVITIES AND STAN-)ARDS OF CONDUCT
(2) [The Order also provides that employee may not, except in the
discharge of his/her official duties, represent anyone else before a court or
Government agency in a matter in which the United States is a party or has an
interest. This prohibition applies both to paid and unpaid representation of
another. An employee may not participate in his/her governmental.capacity in
any matter in which he/she,- his/her spouse, minor- child, outside, business
associate or person with whom he/she is negotiating for employment has a
financial. interest.. Employees may not receive any salary, or supplementation
of his/her Government salary, from a private source as compensation for
his/her services to the Government.]
[(3)] FBI employees whose official responsibilities include
research, recommendations, or decisions regarding Bureau insurance programs
may not serve concurrently as an officer or member of the Board of Directors
of any insurance group or association.
[(4)] In furtherance of the above, the Bureau expects its employees
to so comport themselves that their activities both on and off duty will not
discredit either themselves or the Bureau. Copies of Departmental Order
350-65,[as amended by Departmental Order 960-81 dated 10/26/81,]are furnished
to employees during their indoctrination on entering the Bureau's service.
Failure by an employee to follow these regulations will result in appropriate
disciplinary action including possible dismissal. The rules and regulations
regarding-official and personal conduct which govern the granting of
individual access to and use of Bureau cryptomaterials appear in the COMSEC
Custodian Manual (Section II, A, 5, pages 7-7c).
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1-2 PERSONAL CONDUCT
Employees should never cause themselves to be mentally,qr phys-
ically unfit for duty. They are not permitted to consume alcoholibeverages
during working hours, including that time allotted for Meal: perio4por any
period of leave taken if the employee intends to return to work b.gfOre the
termination of working hours. The use of illegal drugs or narcoE'icor the
abuse of any drugs or narcotic's is strictly prohibited at any timeThey must
not, at any time, engage in criminal, dishonest, immoral or disgraC.eful
conduct or other conduct prejudicial to the Government.
1-3 GOVERNMENT PROPERTY
(1) All Government property, automobiles, boats, and ot,Per
methods of conveyance, supplies, equipment, telephones, and facilities are to
be used solely for official purposes and are not to be converted-Oneny
employee's personal use. Ip this regard, however, the use of eiloi-pmcnt, such
as cameras, for training and practice during nonwork hours shall-Ileiconsidered
"official purposes." Any loss, misplacement, theft or destruction of
Government property issued to any employee must be reported to hs/hr
superior immediately.
(2) The Bureau encourages the use of Government property to
reward employees and promote morale building, ceremonies, and eventscwhere
such use, in the opinion of the SAC, increases the efficiency of the Bureau
and facilitates a Bureau function. FBI Headquarters' permission should be
obtained prior 'to use of Government-owned boats, airplanes, and special
purpose vehicles for purposes described above.
1-3.1 Bureau Vehicles
(1) Bureau vehicles[(to include Government-owned, rente4-and
leased vehicles)]are to be used for official business only. In conngction
with the use of Bureau vehicles, transportation for other than FBI employees
is to be restricted to individuals and their families, or aides 'accompanying
them, who are traveling to attend FBI-sponsored or FBI-participating:functions
or have other direct business to transact with FBI officials and/or officials
of the Department of Justice traveling on official business.
(2) Bureau vehicles are allowed to be driven between an)
employee's residence and work place to enable the FBI to maintain an:pmergency
response capability which is necessitated by the nature of the work aid not
solely for the personal convenience of enployees. In conjunction with this,
the most direct and expeditious route to and from the employee's residence
should be observed. An employee may, when circumstances warrant such an
action, interrupt his/her travel as long as he/she does not deviabe from an
expeditious route to his/her residence nor impair his/her ability toretain
emergency response capability.
(3) FBI employees are authorized to accompany the drivey.of the
Bureau automobile to and from the driver's residence and the place ofwork.
provided that the trip is justifiable as necessary for the Bureau tos�retain
its emergency response capabilities and no significant deviation frpm_the most
direct route occurs.
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(4) An SAC may authorize on a case�by�case basis an Agent's
spouse to travel in a Bureau automobile while the Agent is en route to and
from a function in which the Agent has nn official role, provided the Bureau
vehicle is used exclusively as basic transportation to and from the FBI
sanctioned function. The foremost consideration in granting such a request
should be whether such travel would be considered to be in the best interest
of the Government. Among the factors which should be considered are length of
time-of the function and distance to be traveled._
(5) Should the weight of facts demonstrate that vehicles were in
fact being used primarily for commuting purposes and were clearly not being
operated primarily for the benefit of the Government, then this would be in
violation of Title 31, USC, �[1349(b).] Employees should be reminded that
Section[1349(b)]requires a minimum suspension of one month without
compensation for anyone who uses or authorizes the use of a Government vehicle
for other than official purposes. Additional penalties are optional.
(6) .The employee who is authorized to drive the Bureau vehicle
between his/her residence and office is considered to be using the vehicle for
"official purposes" so that the use is not prohibited by Title 31, USC, �[1349
(b).] The employee is not, however, considered to be on official business such
that he/she can use the commuting time to qualify for Administratively
Uncontrollable Overtime. The passengers are not on official business when
they are riding to and from work with the driver and are, therefore, not
eligible for benefits under the Federal Employee's Compensation Act. Any time
a Special Agent who is on duty and is en route to or from his/her residence,
receives instructions to proceed to an emergency situation, any passengers who
are not likewise instructed are to be discharged.
(7) The addition of more passengers subjects the Government to
increased liability. Assuming the driver is within the scope of his/her
employment, the Government would be liable for damages suffered by the
passengers as a result of the driver's negligence. If the driver is
determined to be outside the scope of his/her employment when an accident
occurs through the driver's negligence, then the "driver's statute" of the
Federal Tort Claims Act, Title 28, USC, � 2679(b), would be inapplicable, and
the driver could be personally liable for damages suffered by the passengers,
third parties, and the vehicle itself, as well as the penalties of Title 31,
USC, �11349(b).] The picking up of and discharging of passengers at a point
not en route to and from work could place the driver outside the scope of
his/her employment. Therefore, the drivers of Bureau vehicles which are
authorized to be driven between the residence and office are limited to routes
that may normally be traveled to and from work.
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SECTION 1. ACTIVITIES AID STANDARDS OF COt;DUCT _
H1-3.1.1 Home-to-Work Use of Bureau Automobiles
(1) Provided it is in the best interest of the Government for an
employee to start or conclude the workday from the employee's residence rather
than place of employment, the SAC, or SAC's designated reoresentative(s), may
authorize the use of a Government vehicle for transportation between an
employee's domicile and place of employment by completing -the Form FD-490,
Authorization to Maintain Bureau Vehicle Overnight at Agent's Residence on an
Irregular and/or Emergency Basis.
(2) On those occasions when efficiency could be increased by
maintaining the Government vehicle at the employee's residence for extended
periods of time, i.e., Title III surveillances, back-to-back road trips, etc.,
the FD-490 will be completed for the entire period the vehicle is anticipated
to be utilized by the employee. If the period extends beyond one month, a
separate FD-490 will be completed to cover each month the requirement exists.
(3) The SAC is responsible for establishing appropriate
procedures to ensure that only those Bureau vehicles. with written
authorization, a completed FD-490, are taken home. An administrative file
will be established in each field office for FD-490s and reviewed periodically
by the SAC to ensure that proper authorization and justification is documented
on the FD-490. The FD-490 may be destroyed at the completion of the field
office's inspection.
(4) To provide each field office with an emergency response
capability, no more than 20 percent of the general investigative vehicles
assigned to headquarters cities, all vehicles assigned to resident agencies
and Special Operations Groups, and all vehicles assigned to offsite undercover
operations are authorized to be taken home on a regular basis by FBI Special
Agents.
(5) The SAC is required to perlorm and document a semiannual
review of the personnel authorized to take vehicles home on a regular basis to
ensure that optimum emergency response coverage is provided or that the
responsibilities of the position continue to require the use of a vehicle.
These documented reviews will be maintained in an appropriate administrative
file and subject to review during the field office inspection.]
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1-3.2 Property in Vehicles
Employees are expected to take proper care of any Bureau property
issued to them or used by them. No Bureau property, other than that normally
associated with maintenance or use of the vehicle, may be left unattended and
in view in a personally owned or Bureau vehicle without proper regard for
security of the property even though the outside doors of the car are locked.
It is not considered proper security to place property under the seat or in a
locked glove compartment. Such property must not be left unattended in a
locked vehicle overnight or when it can be anticipated the vehicle will be out
of sight for an extended period. Personally owned weapons authorized to be
carried on official business are to be treated in same manner as Bureau
property.
1-3.3 Utilization of Facilities by Special Agents Attending School
Special Agents attending school under the Government Employees'
Training Act as an official assignment may avail themselves of stenographic
and typing facilities in connection with their studies and preparation of
assignments provided the request for such assistance is specifically approved
in advance by the SAC or the ASAC. This authorization does not extend to
employees attending school at their own expense.
1-3.4 Credentials and Badges
Employees are responsible for complete security of credentials,
identification cards and badges at all times. These items must be kept under
the employee's control, should be immediately available, are to be displayed
for official purposes only and are not to be photographed. The Bureau's name
or the initials "FBI" shall not be indiscriminately or improperly used by any
employee in either oral or written form.
1-3.5 Business Cards
Bureau officials, Special Agents, and[certain support
[ employees]are permitted to use business cards for official business as needed.
([Authorization for support employees to utilize business cards, on a select
( basis, may be obtained by formal written requests to the SAC or the
[ appropriate Assistant Director at FBIHQ. Such requests must clearly
[ demonstrate the necessity for the employee's use of business cards and should
( be limited to support personnel at the GS-7 level or above.] The cards should
contain the following: name, official title, Federal Bureau of Investigation,
office address, telephone number and may have the FBI Seal inscribed in the
upper left corner. Expenses incurred for printing the cards must be borne by
the employees who elect to use them.
1-3.6 Copies of Official Correspondence and Documents
Employees are not to make copies for themselves of any reports or
correspondence they prepare in the course of their official duties except -
copies of expense vouchers, Form CA-1 (Federal Employee's Notice of Traumatic
Injury and Claim for Continuation of Pay/Compensation), nor should they make
or maintain possession of copies of official Bureau documents if they have no
justifiable need to know the information contained in them. On separation
from the Bureau, every employee must return any official documents made or
received while in the Bureau's service except for items such as those
enumerated above and originals of letters of appointment, commendation,
censure or promotion; (See also Bureau rule on disclosure of information set
out in Section 1-19 below.)
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PART I
SECTION 1. ACTIVITIES AND STANDARDS OF CONDUCT
1-4 ILLEGAL ACTIVITIES
(1) Illegal activities on the part of any employee, in addition
to being unlawful, reflect on the integrity of the FBI and betray the trust
and confidence placed in it by the American people. Furthermore, unlawful
activities can disqualify one for employment by the Government of the United
States. It is, therefore, expected that employees will obey not only the-
letter of the law but the spirit of the law as well whether they be engaged in
activities of a personal or official nature. With respect to investigative
activities, this admonition particularly applies to entrapment or the use of
any other improper, illegal, or unethical tactics in the procurement of
evidence. In this regard, it should be especially noted that, in securing
information concerning mail matter, the Bureau will not tolerate a violation
of law (Title 18, USC, �� 1702, 1703, 1708, and 1709). Furthermore, employees
must not tamper with, interfere with, or open mail in violation of law nor
aid, abet or condone the opening of mail illegally by any employee of the
U.S. Postal Service.
(2) As a member of a Federal investigative agency, FBI employees
must at all times zealously guard and defend the rights and liberties
guaranteed to all individuals by the Constitution. Therefore, FBI employees
must not engage in any investigative activity, including illegal surreptitious
entries, which could abridge in any way the rights guaranteed to a citizen of
the United States by the Constitution and under no circumstances shall
employees of the FBI engage in any conduct which may result in defaming the
character, reputation, integrity, or dignity of any citizen or organization of
citizens of the United States.
.(3) Employees must not install electronic surveillance equipment
without FBIHQ written authority.
(4) No brutality, physical violence, duress or intimidation of
individuals by our employees will be countenanced nor will force be used
greater than that necessary to effect arrest or for self-defense.
(5) All of the foregoing prohibitions, including those pertaining
to illegal surreptitious entries, are applicable to all phases of the FBI's
work, applicant, criminal, civil, domestic security, and foreign counter-
intelligence. [Violations must be reported to FBIHQ as set out in this manual,
Part I, Section 13, entitled "Disciplinary Matters."]
1-5 PAROLE OR PROBATION OFFICERS
Employees may not act as parole or probation officers.
1-6 LAW ENFORCEMENT ORGANIZATIONS
Employees may serve as officers of law enforcement organizations
only c../hen to do so would in no way affect the conduct of official duties or
present a situation wherein a conflict of interest or a lessening of Bureau
efficiency would result. Should such occur the situation must be resolved in
favor of terminating the officership. In all cases prior FBIHQ approval must
be requested, accompanied by SAC analysis and recommendations. It is
permissible to serve on a committee of a law enforcement organization.
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SECTION 1. ACTIVITIES'AND STANDARDS OF CONDUCT
1-7 LAW ENFORCEMENT SELECTION BOARDS
[FBI employees will not serve on any promotional or selection
boards or committees considering local, county, or state law enforcement
personnel.)
1-8 LABOR ORGANIZATIONS
The Bureau is exempted from Federal Labor-Management Relations
programs and requirements by Executive Order 11491 and will not recognize, or
negotiate with, labor organizations. Labor organizations are defined as those
which exist, in whole or in part, for the purpose of dealing with agencies
concerning grievances, personnel policies and practices, or other matters
affecting the working conditions of their employees. Bureau employees are
prohibited from engaging in labor activities such as, but not limited to,
strikes, picketing, organizing and campaigning. Additionally, they must not
use Government time or property for such purposes nor permit the use of same
by others.
1-9 CIVIC ORGANIZATIONS
Specific prior FBIHQ authority is necessary in order for an
employee to serve as an officer of a civic or other type of organization. It
must also be obtained for participation as a judge, sponsor or speaker in any
public contest, debate, forum or similar gathering in which the theme of the
meeting involves a controversial topic.
1-10 NON-FBI FIREARMS MATCHES
No employee shall serve as range master or as a range officer at a
competitive firearms match unless the match is part of a training program in
which the FBI is officially participating and the instructor's assignment in
the match has been specifically approved by FBIHQ in advance.
1-11 NON-FBI SEMINARS OR CLASSES
Prior FBIHQ approval is needed for an employee to attend, serve
as an instructor, or assist in conducting seminars, classes, or similar
gatherings where the employee's FBI affiliation is known with the exception of
attendance as a student at a college, law school, school of accounting or
other recognized institution of learning. This rule applies to all nonduty
time, including leave, and in any case in which a question arises as to the
desirability of such participation.
1-12 GRATUITIES AND REWARDS
(1) Employees may not'accept rewards or gratuities resulting
from their FBI employment nor shall they accept fees from an outside source
on account of public appearances, speeches, lectures, or publications, if such
public appearance or the preparation of the speech, lecture, or publication
was part of an employee's official duties. Also, 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
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not become part of the body of public information. Further, in this regard,
no employee shall engage, with or without compens'ation, in teaching,
Lecturing, or writing that is dependent on information obtained as a result of
Government employment except when chat information has been made available to
the general public or when the Attorney General gives written authorization
for the use of nonpublic information on the basis that such use is in the
public interest. However, an employee injured during a kidnaping, assault or
assassination attempt against the President, Vice-President or a Member of
Congress may receive contributions or payments from a tax-exempt charitable
organization.
(2) Bureau officials or other employees who speak or otherwise
represent the FBI at conferences, training sessions, banquets, meetings and
similar affairs given by outside groups are in official duty status when
making such appearances and are entitled to claim payment through the Bureau
for travel, subsistence, or other reimbursable expenses incurred. Any pay-
ments offered by sponsoring groups to such officials or employees as reim-
bursement for such expenses should be declined.
1-13 GIFTS
Employees should not solicit contributions from other employees
for gifts to official superiors nor may an official superior accept gifts from
other employees. However, this 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.
1-13.1 Receipt of Gifts and Decorations
(1) Gifts and decorations received from foreign governments fall
within one df two categories depending upon the estimated value of the gift.
If the estimated value[of the gift is Less than -minimal- value, as determined
by the cost of living index set forth by Congressiwith the exception of
firearms,[it]may be retained by the recipient for personal use or as a
souvenir provided that all reporting requirements are satisfied. Foreign
gifts and decorations of more than minimal value may be retained and placed in
official use (i.e., displayed in reception areas). [(Contact Forfeiture and
Seized Property Unit (FSPU), Property Procurement and Management Section
(PPMS), Administrative Services Division (ASD), to determine minimal value.)]
All gifts not retained shall be declared as excess to the General Services
Administration (GSA) and later sold. This declaration will be made by FBIHQ.
If the original recipient desires to participate in the sale of the property
by GSA, FBIHQ should be advised at the time the gift is reported so that
appropriate action can be taken.
(2) In addition to tangible gifts, all fcreign gifts of travel or
expenses for travel taking place entirely outside the United States should be
reported where the acceptance of which has not been authorized in accordance
with specific instructions of FBIHQ.
1-13.2 Reporting Requirements
All gifts or decorations, regardless of value, received from
foreign individuals and all gifts valued at more than[the minimal valuelgiven
to foreign individuals by employees acting in an official capacity should be
reported within ten days of the property's receipt or presentation. The
report should be submitted to FBIHQ, Attention: [FSPU, PPMS, ASD,Iby
memorandum or airtel as appropriate. A separate statement containing the
following information should be submitted for each gift received or
presentation made.
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(1) For tangible gifts:
(a) Name and title of recipient.
(b) Gift, date of acceptance, estimated value, and current
[ disposition or location.
(c) Identity of foreign donor and government.
(d) Circumstances justifying acceptance.
(2) For travel or expenses for travel:
(a) Name and title of recipient.
(b) Brief description of travel or travel expenses occurring
entirely outside the United States.
(c) Identity of foreign donor and government.
(d) Circumstances justifying acceptance.
(3) For each gift to a foreign individual:
(a) Identity of individual receiving gift.
(b) Description of gift..
(c) Value of gift.
(d) Type of funds used for gift (appropriated or
nonappropriated).
(e) Date gift presented.
(0 Name of individual presenting gifts.]
1-14 - MONETARY MATTERS AND FINANCIAL DEALINGS
(1) An employee who is an official superior may not borrow money
from or give or receive endorsements of promissory notes of other employees
working under him/her or of lesser rank.
(2) All employees must meet their financial obligations and, in
addition, are expected to abide by the laws of the United States and of the
several states with respect to filing proper tax statements. Any controversy
arising with taxing authorities must be brought to the attention of FBIHQ
immediately. Although employees will not be required to pay unjustified
claims, these matters should be resolved with reasonable promptness. In this
respect, it should be noted that the U.S. Internal Revenue Service may attach
salaries of Federal employees who refuse to pay delinquent taxes.
(3) Failure on the part of an employee without good reason and in
proper and timely manner to honor debts acknowledged by employee to be valid
or reduced to judgment by a court or to make or adhere to satisfactory
arrangements for settlement thereof may be cause for disciplinary action.
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(4) No employee's Government employment shall be used
(a) for a purpose that is or gives the appearance of being
motivated by the desire of private gain for the employee or any other person,.
Or
(b) to coerce, or give the appearance of coercing, a person
to provide a financial benefit to the employee or any other person.
(5) No employee shall use, for the financial gain of the
employee or another person, or make any other improper use of, whether by
direct action on the employee's part or by counsel, recommendation, or
suggestion to another person, information which comes to the employee by
reason of[his/herlstatus as an employee and which has not become part of the
body of public information. Further, no employee shall make investments
(a) in enterprises which, it is reasonable to believe, will
be involved in decisions to be made by the employee,
(b) on the basis of information which comes to notice as the
result of the employee status 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 the employee's official duties.
(6) No emfiloyee shall accept free transportation for official or
unofficial purposes when the offer of such transportation might reasonably be
interpreted as an attempt to affect the employee's impartiality. No employee
shall solicit or accept, for the employee or any other person, directly or
indirectly, any gift, favor, entertainment, loan or any other thing of
monetary value from a person who has or is seekingcontractual or other
business or financial relations with the Department, is engaged either as a
principal or attorney in proceedings before the Department or in court pro-
ceedings in which the United States is an adverse party, or has interests that
may be substantially affected by the performance or nonperformance of the
employee's official duties. This prohibition does not, however, prevent:
(a) solicitation or acceptance of anything from a friend,
parent, spouse, child, or other close relative when the circumstances make it
clear that the motivation is a personal or family relationship;
(b) acceptance of food and refreshments of nominal value on
infrequent occasions in the ordinary course of a luncheon or dinner meeting or
other meetings;
(c) acceptance of loans from financial institutions on
customary terms for normal and ordinary activities such as home mortgage
loans;
(d) receipt of genuine reimbursement, unless prohibited by
law, for actual expenses for travel and such other necessary subsistence for
which no Government reimbursement is made and provided the reimbursement is
not excessive and employee is not traveling on official business under Bureau
orders;
(e) acceptance of an award for a meritorious public
contribution or achievement.
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eAKE 1.
SECTION 1. ACTIVITIES AND STANDARDS OF CONDUCT
(7) Employees, traveling on official business by means of public
carriers, and who receive promotional items or property as a result of having
purchased tickets are required to relinquish such promotional property to the
SAC or other appropriate FBI official. This complies with Treasury Bulletin
No. 79-09 which states, "When employees travel on official business all items
given beyond the terms of contractual arrangements, between the Covernrdent and
public carriers become the property of the Gavernment."
1-14.1 Financial Relations-hips with Witnesses, Subjects, and
Individuals Furnishing Information to the FBI
(1) Because of the appearance of improper conduct or conflict of
interest usually involved in such relationships as well as the high potential
for actual impropriety inherent in such relationships, Bureau employees are
prohibited from engaging in private business and financial relationships with
subjects, witnesses, individuals furnishing information to the FBI (including
informants), and counsel or other representatives of such persons without
prior FBIHQ approval. This prohibition includes giving or receiving gifts,
-Fining, purchasing, or exchanging property, making or receiving loans, and
engaging in other transactions or business relationships in which some
financial or tangible benefit is bestowed upon either the employee or third
party.
(2) In seeking FBIHQ approval for an exception to this general
prohibition, employees must be able to demonstrate that the proposed
transaction or relationship will not create an appearance of impropriety,
involve a conflict of interest, or otherwise reflect adversely upon the FBI.
(3) Requests for exceptions should be directed to the
Attention: Personnel Section, Administrative Services Division.
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PART I
SECTION 1. ACTIVITIES AND STA:DARDS OF CONDUCT
1-15 ADMINISTRATIVE MATTERS
1-15.1 Promotions, Transfers, Administrative Action
(1) Recommendations for the promotion of any employee shall come
only from the official superior of the employee. This procedure shall be
followed, too, concerning-any-recommendations tending to initiate, retard, or
rescind any order or administrative action of the Bureau. Failure to abide by
these regulations will result in severe administrative action as well as
possible removal from the service.
(2) In connection with any pending, contemplated or recommended
personnel action, such as promotions, reassignments, transfers, commendations,
incentive awards, and disciplinary action, every precaution should be taken to
ensure existing files and records are provided adequate security. Except for
considering access to such records in response to a request submitted under
the Privacy Act, disclosure of the existence of such contemplated action must
be kept to a minimum. There should be no unnecessary discussions of the
proposed action until a final decision is made by FBIHQ.
(3) In this regard, it should be understood by all employees that
the matter of promotions, demotions, transfers, and any other similar,
official personnel action must be decided solely on the merits of the
individual case. The welfare of the Bureau must take precedence over desires
and convenience of the employee involved, particularly with respect to
transfers of investigative personnel who are expected to be available for
service wherever the needs of the Bureau may require their assignment. Any
attempt, either directly or indirectly, to bring outside influence to bear on
the Bureau to promote, rescind, or alter official actions in any manner is
contrary to the above-stated policy.
(4) In accordance with the provisions of the Privacy Act, the
employee may request access to FBI records concerning his/her employment,
including those compiled during the course of an internal administrative
inquiry. [To access his/her employment records, the employee should execute an
FD-488, the Privacy Act Request Form.] The Field Privacy Control Officer is
responsible for ensuring prompt attention to each request. Requests must be
processed without delay, and the employee provided with copies of whatever
records are accessible to him/her under the law. The submission and
processing of Privacy Act requests by employees should not be impeded by
management personnel.
1-15.2 Employee Arrests or Involvement with Police
(1) Under no circumstances, except in an official capacity,
should any SAC or other FBI personnel become involved in any matter directly
or indirectly concerning an employee or nonemployee who has been arrested or
is otherwise in difficulty with a law enforcement agency; nor should any
Bureau employee attempt to mitigate the action of any arresting officer,
agency, or prosecuting officer, or in any way try to minimize publicity
concerning such incident. Any incidents of this nature must be reported
immediately to FBIHQ as set out in this manual, Part I, Section 13 entitled
"Disciplinary Matters."
(2) All employees are to report promptly to their supervisors any
incident in which they are involved with law enforcement authorities.
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PART i
SECTION 1. ACTIVITIES AND STANDARDS OF CONDUCT
[ 1-15.3 Testimonials[and/or Personal Recommendations Regarding FBI
Employees and Personal Acquaintances
(1) Employees are not to give testimonials, affidavits, or
[ letters of recommendation to non-FBI investigators nor provide oral comments
[ regarding the performance of present or former Bureau employeei-TE-their
[ official role. An official rol-e involves such areas as names, past/present
[ position, titles, salaries, duty stations, reason for separation (derogatory
[ or otherwise), etc. In instances in which an assessment of the performance of
[ a present or former FBI employee is sought, the inquirer should be advised
[ that questions about employment/performance can be addressed to FBIHQ,
[ J. Edgar Hoover F.B.I. Building, Washington, D.C. 20535. (See Part I, Section
[ 20-15, of this manual, regarding service record and credit inquiries.)
(2) Employees may be contacted by non-FBI investigators
[ incidental to background investigations regarding employment or security
[ clearances to furnish personal opinions involving former or present Bureau
[ employees. Questions directed to employee may involve, but are not limited
[ to, loyalty, character, habits, conduct, and reputation. In such instances,
[ prior approval of the fact that comments are to be furnished and the substance
[ of such comments must be obtained from the SAC or division head. Approval
[ will be granted on a timely basis where the proposed comments are clearly
[ personal in nature, make no reference to official performance, specific
[ investigations or activities involving the FBI, and reveal no confidential
[ information. Bureau stationery is not to be used_LI_EL22.7ijing comments. If
[ Bureau employment is made known to inquirer, inquirer should be advised that
[ comments furnished are based on personal knowledge and are not to be construed
[ as an official endorsement or recommendation of the FBI.
(3) Employees may, in regard to friends or acqaintances that are
[ not former or present Bureau employees, furnish personal opinions based upon
[ personal association pertaining to loyalty, character, habits, conduct,
[ reputation, etc., to individuals collecting information as part of a
[ background investigation gathering information relating to suitability for
[ employment or issuance of a security clearance. Bureau stationery may not be
[ used to provide written comments.
(4) Any employee interviewed during the conduct of an employment
[ or clearance background investigation conducted by the FBI may provide his/her
[ ersonal opinions based on personal association with the subject of the
[ Investigation, but must recuse himself/herself from participation in the
[ conduct of that investigation to avoid the appearance of bias or partiality by
[ the FBI. The employee must ask the interviewer to include in the report of
[ interview the fact that the views expressed are the employee's own. Field
[ managers (Assistant Director in Charge, Deputy Assistant Director in Charge,
[ SAC, ASAC or Supervisory Special Agent) must be interviewed at the conclusion
[ of the investigation to avoid any concerns that the field manager's remarks
[ could influence the outcome or direction of the investigation.
(5) In background investigations conducted by the FBI, Agents
[ routinely select for interview representatives of the Federal law enforcement
[ community, from whom official observations are solicited. Agents are
[ permitted to use their own discretion in selecting the interviewee but are
[ encouraged to interview representatives outside the FBI.
(6) Employees may not offer opinions or conclusions drawn from
[ information gained from FBI or other agency investigations to those conducting
[ background investigations.
(7) CAUTION: Information obtained solely from FBI or other agen-
cy records cannot be disclosed outside the FBI, except pursuant to established
[ dissemination procedures.]
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PAZ.T
SECTION 1. ACTIVITIES ANI: STANDARDS OF CONDUCT
1-16 OUTSIDE EMPLOYMENT
Employees shall not engage in other work, employment, occupation,
profession, business or partnership without receiving prior FBIHQ approval.
This rule applies whether the outside employment is self-employment or employ-
ment by a third party. Any case of doubt should be referred to FBIHQ for
decision. Furthermore, no employee, even though having FBIHQ approval to
engage in part-time outside employment in a sales capacity, may solicit
business on Bureau premises at any time, whether during the workday or on own
time before or after working hours or during lunch or rest periods. In no
case may Bureau premises be used for storage or display of merchandise.
Special Agents are further restricted in outside employment as set forth in
Part I, 20-6.3.2 of this manual.
1-17 ACTIVE PARTICIPATION IN MILITARY RESERVE OR NATIONAL GUARD UNITS
(READY RESERVE STATUS)
(1) According to Department of Defense Directive 1200.7, heads of
Federal agencies should make determinations identifying key agency positions
and the key personnel occupying such positions and then take the necessary
action to assure that agency key employees holding key positions are not
permitted to hold conflicting mobilization assignments with military Ready
Reserve. If employees are permitted to hold conflicting mobilization
assignments, the agency's emergency operating capabilities may be seriously
eroded, which is contrary to the purpose and intent of preparedness planning.
(2) Due to the key Federal employee status of Special Agents,
[[following appointment of a New Agent with Ready Reserve Status the employee is
[ required, as a condition of employment either to request the appropriate
[ branch of the military to transfer (screen) him/her from the Ready Reserve ,to
[ the Standby Reserve, or request to be discharged from Reserve or National
[ Guard obligation. Due to availability requirements of all Special Agent
[ personnel, and in order to permit adequate contingency planning in the event
[ of an emergency which would necessitate the mobilization of the Ready Reserve,
[ Bureau policy precludes any Special Agent from enlisting, reenlisting, or
[ reactivating into a Ready Reserve Unit. It is permissible under Bureau policy
[ for Special Agents to join either the Active or Inactive Standby Reserve;
[ however, Special Agents are not authorized volunteer for active duty for
[ training purposes (ACDUTRA).]
1-18 POLITICAL ACTIVITIES
(1) The Code of Federal Regulations provides Federal agencies
with the discretion to prohibit or limit the participation of Federal
employees in political activities if such activities would interfere with the
efficient performance of official duties or create a conflict or apparent
conflict of interest. This discretionary authority is exercised by the FBI
and as a matter of policy, FBI employees are precluded from participation in
most political activity, partisan or otherwise, with the exception of voting.
Employees should avoid any undertaking which may have any tinge of a political
nature or which could be construed to indicate the FBI favors any political
party. No advertisement supporting any candidate for public office or for any
unauthorized purpose may be placed on official cars or Government property.
(2) In the event an FBI employee desires to participate in some
form of political activity (with the exception of partisan politics), it may
be possible, and a description of the planned activity must be forwarded to
FBIHQ for evaluation and approval prior to participation.
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PART I
SECTION 1. ACTIVITIES AND STANDARDS OF CONDUCT
1-19 CONFIDENTIAL NATURE OF FBI OPERATIONS
(1) Employees must afford confidential orders involving special
assignments and, in some instances, transfers appropriate secrecy in
accordance with the exigencies thereof. Should there be any doubt in these
matters, the advice of the SAC or ASAC should be sought.
(2) Employees are required to keep strictly confidential all
information secured in their official capactities. Failure to abide by this
provision violates Department of Justice regulations and may violate certain
statutes providing severe penalties. (See also regulations set out in Foreign
Counterintelligence Manual and Manual of Investigative Operations and
Guidelines on unauthorized disclosure of classified security information.)
1-19.1 Unofficial Contact with Nationals from Foreign Nations Whose
Interests may be Hostile to the Interest of the United States
All FBI employees who have unofficial written or personal contact
with nationals of foreign nations listed in the Foreign Counterintelligence
Manual, Part III, Section 1-1, are required to report these contacts in
writing to the FBI Security Programs Manager.
1-20 EMPLOYEES' RIGHTS UNDER THE PRIVACY ACT OF 1974
1-20.1 Privacy Act of 1974
In accordance with a provision of the Privacy Act (Title 5, USC,
� 552a(e) (3)), each FBI employee who is requested to provide personal
information about himself/herself or his/her personal activities must be
apprised of the authority which allows the solicitation of information,
whether providing the information is mandatory or voluntary, the purpose and
use to be made of that information, and the effects on that individual if
individual does not provide this information. This notice need not be
provided if the solicitation of information from the employee is related to an
investigation of alleged criminal activity. Each applicant for employment
with the FBI is furnished a statement contained in our Application for
Employment (FD-140). This statement includes the FBI authority to conduct
personnel investigations pursuant to Title 28, Code of Federal Regulations,
Section 0.137, the reasons and uses of the solicitation of information which
was to determine the suitability for employment, and advises that willfully
making a false statement or concealing a material fact would be the basis for
dismissal if an applicant received an appointment. In addition to the above,
each employee should be aware that he or she may be asked to furnish
information concerning themselves by completing various forms during their
tenure with the Bureau in order for the Bureau to carry out its many
administrative duties and responsibilities.
1-20.2 Standards of Conduct
(1) All employees are expected to abide by the standards of con-
duct set forth in.Departmental Order 350-65 and rules and regulations of the
FBI pursuant to the above-mentioned authority set forth in the Code of Federal
Regulations.
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NAS k.=�1
PART I
SECTION 1. ACTIVITIES AND STANDARDS OF CONDUCT
(2) [According to these regulations, investigations will be
conducted in connection with violations of the standards and will include an
interview of the employee involved. The purpose of the inquiry will be to
determine whether disciplinary action is warranted. The inquiry may encompass
any conduct which is reasonably related to work performance. Thus, a
disciplinary inquiry is not restrictedto activities within the critical
elements and performance standards of the employee's position and may also
include on- or off-duty conduct when such conduct affects an employee's
ability to perform his or her job or adversely affects the Bureau's ability to
secure needed cooperation from members of the public. If an employee refuses
to cooperate in an interview during an administrative inquiry regarding work
performance or other conduct which affects job performance, that employee
could be disciplined for insubordination. Failure by an employee to follow
all regulations will result in appropriate disciplinary action, including
possible dismissal.
It is not intended that an administrative inquiry will involve an unreasonable
intrusion into the private lives of FBI employees. These inquiries will be
pursued only where there are indications that the conduct in question impacts
upon work performance and/or the ability of the FBI to discharge its
responsibilities.]
1-20.3. Penalties
The Privacy Act of 1974 sets forth the following provisions which
you should be aware of regarding criminal penalties which may be imposed under
certain circumstances:
(1) Any officer or emplOyee of an agency, who by virtue of
employment or official position, has possession of, or access to, agency
records which contain individually identifiable information the disclosure of
which is prohibited by this section or by rules or regulations established
thereunder, and who knowing that disclosure of the specific material is so
prohibited, willfully discloses the material in any manner to any person or
agency not entitled to receive it, shall be guilty of a misdemeanor and fined
not more than $5,000.
(2) Any officer or employee of any agency who willfully maintains
a system of records without meeting the notice requirements of subsection (e)
(4) of this section shall be guilty of a misdemeanor and fined not more than
$5,000.
(3) Any person who knowingly and willfully requests or obtains
any record concerning an individual from an agency under false pretenses shall
be guilty of a misdemeanor and fined not more than $5,000.
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PART I
SECTION 1. ACTIVITIES AND STANDARDS OF CONDUCT
1-21 INTELLIGENCE OVERSIGHT BOARD
(1) The President, by Executive Order[12334 cf December'4, 1981,1
continued in existence the Intelligence Oversight Board. The Board, composed
of three members appointed by the President from outside the Government, is
charged with reviewing activities of the Intelligence Community[and informing
the President of any activities that any member believes are in violation of
the Constitution or laws of the United States, Executive orders, or
Presidential directives.] The activities to be reviewed by the Board are those
conducted by the Intelligence Community as part of Government business. With
respect to the FBI, the Board reviews those activities relatin to foreign
in e igence a � coun erinte igence. uc activities are conducted in
accordance with the(applicable Executive orders, Presidential directives,]
rules, agreements, statutes, guidelines and investigative procedures and
techniques set forth in the "Foreign Counterintelligence Manual." In this
regard, the Board will receive and consider reports from inspectors General
and General Counsels of the Intelligence Com-lunity concerning[any -
intelligence]activities[of their organizatiou that they have reason to believe
may be unlawful or contrary to Executive order or Presidential directive.] In
the FBI, the Inspector General is the Assistant Director, Inspection Division,
and the General Counsel is the Assistant Director, Legal Counsel Division. It
is important to emphasize that the Board is not to review illegal or improper
personal activities of Government employees.
(2) Pursuant to provisions of Executive Order[12333,]each
employee is instructed to cooperate fully with the Intelligence Oversight
Board. Further, the Intelligence Oversight Board has advised that the
Executive Order does not explicitly establish a system by which employees of
the Intelligence Community would report to the Board. The Board was not
established as a substitute for the FBI's normal procedures for receiving
complaints and allegations from employees.- Nonetheless, the President has
made it clear that he expects the Board to accept information from individual
employees which falls within the Board's jurisdiction. Although the Board
does not feel an obligation to investigate all allegations received, it will,
as it deems appropriate, follow up on serious allegations received from
employees bearing on activities conducted by the Intelligence Community as
part of Government business. Accordingly, although only a fraction of the
Bureau's work relates to foreign intelligence and counterintelligence,
employees are advised that with respect to foreign intelligence and
counterintelligence they do have the ability to report directly to the Board
on matters coming within its purview.
(3) On a quarterly basis, eac divis
(Attention: Office o Pro essiona esponsibility, Inspection Division) a
communication certifying that all the employees of that division have been
contacte concerning in e e ac ivities and that they have no reason to
believe any activities ma be unlawful or co o Execu I -
Presi entia �irective. This communication will be s ned out ersonall b
the SAC and this responsibility cannot be dele_zated. Should a question of a
violation Of ralg,-hxecutive order, or Presidential directivelarise, it must be
reported promptly without waiting for the normal quarterly response. Failure
to report(such activity]will subject the employees sharing the responsibility
for the failure to severe administrative action up to and including dismissal
from the service.
bmit to FB
. �
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PART I
SECTION 1. ACTIVITIES AND STANDARDS OF CONDUCT
1-22 DEPARTMENT OF JUSTICE OFFICE OF PROFESSIONAL RESPONSIBILITY
(1) By Departmental Order No. 635-75, the Department of Justice
Office of Professional Responsibility (DOJ-OPR) was created to oversee
investigations of allegations of criminal or ethical misconduct by
departmental employees. The office, headed by a Counsel, is responsible for
reviewing allegations against departmental employees involving violations of
law, regulations or standards of conduct. To this end, DOJ-OPR serves as a
special review and advisory body, reporting directly to the Attorney General
or, in appropriate cases, to the Deputy Attorney General or the Solicitor
General.
(2) Each employee has the responsibility to report promptly, any
indication of possible exploitation or misuse of Bureau resources; information
as to violations of law, rules or regulations; personal misconduct; or
improper performance of duty as stated in MAOP, Part I, J3-1. Reporting may
be to supervisors, the Director, the Office of Professional Responsibility,
Inspection Division, FBIHQ, or directly to the Department of Justice Office of
Professional Responsibility, Washington, D.C.
(3) Each SAC and division head is to bring the above reporting
requirement to the attention of all employees on June 1, and December 1, of
each year. Forward a letter to the attention of Office of Professional
Responsibility, Inspection Division, when this has been accomplished.
(4) Whenever any employee provides information pursuant to this
requirement, that employee's confidentiality shall be maintained unless the
employee consents to the release of his or her identity or it is determined by
DOJ-OPR that the disclosure of the identity is necessary to resolve the
allegation.
1-22.1 Protecting Employees (Whistleblowers) From Official Reprisals
(1) Pursuant to the Civil Service Reform Act of 1978, Section
2303 of Title 5, United States Code, as added by Section 101(a), employees of
the FBI who disclose information of violation of law, mismanagement, gross
waste of funds, or other misconduct are protected from official reprisals.
Official reprisal includes, but is not limited to, punitive personnel action
taken or favorable action not taken in order to penalize an employee for
having discharged the duty to report. This protection is assured by the
monitoring of such employee's subsequent career by Office of Professional
Responsibility, Inspection Division, in order to detect any official
reprisal.
(2) Office of Professional Responsibility, Inspection Di-vision,
will'receive complaints of reprisal and furnish any evidence to the Director
and DOJ-OPR. _Complaints may also be made directly to DOJ-OPR. If the
Counsel, DOJ-OPR, determines that reasonable grounds exist to. believethat
personnel action was taken or favorable action not taken as a reprisal for
disclosure of information, the Attorney General may, upon request by the
Counsel, DOJ-OPR, stay such action.
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