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Manl-ID: LHBSAXO LEGAL HANDBOOK FOR SPECIAL AGENTS APPENDIX APPENDIX 7. |ETHICAL STANDARDS FOR ATTORNEYS FOR THE GOVERNMENT (TITLE 28, USC, SECTION 5308) | *e*EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 7-1 | ETHICAL STANDARDS FOR ATTORNEYS FOR THE GOVERNMENT (TITLE 28, USC, SECTION 530B) On April 19, 1999, Title 28, USC, Section 530B (hereinafter 530B) took effect. Section 530B, often referred to as the McDade Amendment, is entitled "Ethical Standards for Attorneys for the Government" and provides as follows: "(a) An attorney for the Government shall be subject to State laws and rules, and local Federal court rules, governing attorneys in each state where such attorney engages in that attorney's duties, to the same extent and in the same manner as other attorneys in that State. '"(b) The Attorney General shall make and amend rules of the Department of Justice to assure compliance with this section. "(c) As used in this section, the term attorney for the Government' includes any attorney described in 77.2(a) of part 77 of Title 28 of the Code of Federal Regulations and also includes any independent counsel, or employee of such a counsel, appointed under chapter 40." Section 530B incorporates the definition of “attorney of the Government"' found in 28 C.F.R. 77.2. The General Counsel for the FBI and any attorney employed in the Office of the General Counsel (0OGC) are subject to the requirements of this section. The C.F.R. definition explicitly excludes attorneys employed as investigators or other law enforcement agents of the Department of Justice (DOJ) who are not authorized to represent the United States in criminal or civil law enforcement proceedings or to supervise these proceedings. Based upon this language, CDCs and Special Agent attorneys not assigned to the OGC are not subject to Section 530B. However, Special Assistant United States Attorneys (SAUSAs) are included in the definition of "attorney for the Government." Therefore, CDCs who are appointed as SAUSAs will have to comply with Section 530B while performing their duties as SAUSA. Rules implementing Section 530B are currently being drafted. Questions regarding this section should be directed to the cbc. For further guidance, refer to the April 19, 1999 EC, entitled "DEPARTMENT OF JUSTICE PROPOSED FORMAL INTERIM RULES IMPLEMENTING TITLE 28 U.S.C. » SECTION 530B, ETHICAL STANDARDS FOR ATTORNEYS FOR THE GOVERNMENT. "| **EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: Printed: 05/05/2004 13:08:54 Page 1