scope:

APPLICABILITY AND SCOPE

This Directive applies to the Office of the Secretary of Defense, the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoDD 5500.07, November 29, 2007 DoD Field Activities, and all other organizational entities within the Department of Defense (hereafter referred to collectively as the "DoD Components").

The applicability and scope of Reference (b) are set forth below.

Section 2 of Chapter 7 of Reference (b), "Public Financial Disclosure Report (SF-278)," applies to certain former DoD personnel in accordance with Reference (e).

Chapter 9 of Reference (b), "Post-Government Service Employment," applies to former DoD personnel in accordance with References (h) and (k).

Reference (b) applies in whole to individuals nominated or assigned (detailed or appointed) to DoD positions in accordance with section 3374 of Reference (f) or similar other authorities.

Although sections 208 and 209 of Reference (h) do not apply to "Title 32 National Guard Members" (as defined in subsection 1-233 of Reference (b)), or enlisted members of the Military Departments, the following provisions do apply to them.

Except as approved by the "DoD Agency" "Designated Agency Ethics Official (DAEO) or Designee" (as these terms are defined in subsections 1-201, 1-206, and 1-208 of Reference (b)), Title 32 National Guard Members and enlisted members of the Military Departments, including enlisted special Government employees (SGEs) (as that term is defined in subsection 1-232 of Reference (b)) shall not participate personally and substantially as part of their official DoD duties in any particular matter in which, to their knowledge, they, their spouses, minor children, partners, entities in which they are serving as officers, directors, trustees, partners, or employees, or any entities with which they are negotiating or have an arrangement concerning prospective employment, have a financial interest.

Except as approved by the DoD Agency DAEO, Title 32 National Guard Members and enlisted members of the Military Departments, except enlisted SGEs, shall not receive any salary or contribution to or supplementation of their Federal Government salary as compensation for their service to the Federal Government from any entity other than the Federal Government or the treasury of any State, county, or municipality.

Although Chapter XVI, Subchapter B, and part 733 of Reference (c) and Reference (m) do not apply to Title 32 National Guard Members or enlisted members of the Military Departments, the following regulations are determined to be appropriate for them and are hereby made applicable to them as if the terms "employee" and "SGE," as used therein, include them.

Parts 2634-2635, 2638, and 2640 of Reference (c).

Chapter 304 of Reference (m).

Penalties for violation of the standards of conduct prescribed in Reference (b) include statutory and regulatory sanctions, including judicial (criminal and civil) and administrative actions, for DoD civilian employees and members of the Military Departments.

The provisions printed in bold italics in Reference (b) constitute lawful general orders or regulations within the meaning of Article 92 (section 892 of Reference (g)) of the UCMJ, are punitive, and apply without further implementation. In addition to prosecution by court-martial under the UCMJ, a violation may serve as a basis for adverse administrative action and other adverse action authorized by U.S.C. or Federal regulations. In addition, violation of any provision in Reference (b) may constitute the UCMJ offense of dereliction of duty or other applicable punitive articles.

Violation of any provision in Reference (b) by DoD civilian employees may result in appropriate criminal prosecution, civil judicial action, disciplinary or adverse administrative action, or other administrative action authorized by U.S.C. or Federal regulations.

REISSUANCE AND PURPOSE

This Directive:

Reissues Reference (a) to update policy and responsibilities for the DoD ethics program.

Continues to authorize Reference (b) and part 3601 of Reference (c).

Implements Chapter XVI, Subchapter B, and part 733 of Reference (c); Reference (d); Public Law 95-521 (Reference (e)); sections 3326 and 3374 of title 5, United States Code (U.S.C.) (Reference (f)); sections 801-940 (commonly known and hereafter referred to as the "Uniform Code of Military Justice (UCMJ)") and section 1060 of title 10, U.S.C. (Reference (g)); sections 202, 203, 205, 207-209, and 219 of title 18, U.S.C. (Reference (h)); section 1353 of title 31, U.S.C. (Reference (i)); section 908 of title 37, U.S.C. (Reference (j)); section 423 of title 41, U.S.C. (Reference (k)); part 3.104-6 of the Federal Acquisition Regulation (Reference (l)); and chapter 304 of title 41, Code of Federal Regulations (Reference (m)).