[Code of Federal Regulations]
[Title 28, Volume 1]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR0.39a]

[Page 27-28]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
                    CHAPTER I--DEPARTMENT OF JUSTICE
 
PART 0--ORGANIZATION OF THE DEPARTMENT OF JUSTICE--Table of Contents
 
           Subpart G-2--Office of Professional Responsibility
 
Sec. 0.39a  Functions.

    The Counsel on Professional Responsibility shall:
    (a) Receive and review any information or allegation concerning 
conduct by a Department employee that may be in violation of law, 
regulations or orders, or of applicable standards of conduct or may 
constitute mismanagement, gross waste of funds, abuse of authority, or a 
substantial and specific danger to public health or safety. However, 
this provision does not preempt the primary responsibility of internal 
inspection units of the Department to receive such information or 
allegations and to conduct investigations.
    (b) Receive and review any allegation of reprisal against an 
employee or applicant who discloses information pursuant to paragraph 
(a) of this section. Any disclosure by an employee or applicant to the 
appropriate internal inspection unit of the Department under this 
subsection shall constitute disclosure to the Attorney General or the 
Counsel.
    (c) Make such preliminary inquiry as may be necessary to determine 
whether the matter should be referred to another official within the 
Department.
    (d) Refer any matter that appears to warrant examination in the 
following manner:
    (1) If the matter appears to involve a violation of law, to the head 
of the investigative agency having jurisdiction to investigate such 
violations;
    (2) If the matter appears not to involve a violation of law, to the 
head of the office, division, bureau or board to which the employee is 
assigned, or to the head of its internal inspection unit;
    (3) If referral to the official indicated in paragraph (d)(1) or (2) 
of this section would be inappropriate, to the Attorney General and the 
Deputy Attorney General or, if referral to both the Attorney General and 
the Deputy Attorney General would also be inappropriate, to whichever of 
them would be proper or to the Associate Attorney General or the 
Solicitor General.
    (e) Receive. (1) Reports containing the findings of any 
investigation undertaken upon matters referred under paragraph (d)(2) of 
this section and the administrative sanction to be imposed, if any 
sanction is warranted; and
    (2) Monthly reports from the internal inspection units setting forth 
any information or allegations received pursuant to paragraph (a) or (b) 
of this section and the status of any pending investigations.
    (f) Notify within a reasonable period of time any person who has 
submitted information or made allegations pursuant to paragraph (a) or 
(b) of this section of the final result of any investigation undertaken: 
Provided, That such notification is permitted by and accords with 
applicable statutes and regulations.
    (g) Recommend to the Attorney General, the Deputy Attorney General, 
the Associate Attorney General, or the Solicitor General what further 
action should be undertaken with regard to any matter referred to such 
official under paragraph (d)(3) of this section, including the 
assignment of any task force or individual to undertake the action 
recommended and any special arrangements that appear warranted.
    (h) Undertake any investigation of a matter referred under paragraph 
(d)(3) of this section that may be assigned by the Attorney General, the 
Deputy Attorney General, the Associate Attorney General, or the 
Solicitor General, or cooperate with any other organization, task force, 
or individual that may be assigned by such official to undertake the 
investigation.
    (i) Submit to the Attorney General and the Deputy Attorney General 
or, if submission to both would be inappropriate, to whichever of them 
would be proper or to the Associate Attorney General or the Solicitor 
General:
    (1) An immediate report concerning any matter referred under 
paragraph (d)(1) or (d)(2) of this section that should be brought to the 
attention of a higher official;
    (2) An immediate report concerning the adequacy of any investigation 
of a matter referred under paragraph (d) of this section, if the Counsel 
believes that a significant question exists as to the adequacy of such 
investigation; and

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    (3) An annual report, or a semi-annual report if the Counsel 
determines this to be necessary, reviewing and evaluating the activities 
of internal inspection units, or where there are no such units, the 
discharge of comparable duties within the Department.
    (j) Submit recommendations to the Attorney General and the Deputy 
Attoney General on the need for changes in policies or procedures that 
become evident during the course of the Counsel's inquiries.
    (k) Undertake any other responsibilities assigned by the Attorney 
General including duties relating to the improvement of the performance 
of the Department.