[Federal Register Volume 59, Number 51 (Wednesday, March 16, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6006]


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[Federal Register: March 16, 1994]


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OFFICE OF GOVERNMENT ETHICS

5 CFR Part 2638

RIN 3209-AA07

 

Executive Agency Ethics Training Programs

AGENCY: Office of Government Ethics (OGE).

ACTION: Interim rule amendments with request for comments.

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SUMMARY: This interim rule amends the OGE executive branch-wide 
regulation on ``Executive Agency Ethics Training Programs.'' In 
response to agency concerns, the interim regulation grants executive 
branch agencies greater flexibility in administering their ethics 
training programs, enabling them to more efficiently use available 
resources to provide their employees with effective ethics training. 
Under the interim regulation, executive agencies will be able to 
provide their employees with summaries of the branch-wide regulations 
governing employee conduct in place of the actual text of those 
provisions as part of the employees' initial ethics orientation. 
Agencies are also able to make use of communications and electronic 
technologies in providing annual ethics training to covered employees. 
Written materials may be used to meet the annual training requirement 
for certain categories of employees; the requirement that employees in 
these categories receive a minimum of one hour of official duty time 
for annual ethics training is removed. The interim regulation clarifies 
that employees who fulfill the confidential financial disclosure 
requirements through an alternate procedure or an OGE-approved 
substitute affirmative disclosure system are required to receive annual 
ethics training. Minor changes have also been made to delete out-of-
date language associated with the initiation of the training 
requirements in calendar years 1992 and 1993 and to add an appropriate 
cross-reference to the detailed training provisions.

DATES: Interim regulation amendments effective January 1, 1994. 
Comments by agencies and the public are invited and are due on or 
before May 16, 1994.

ADDRESSES: Comments should be sent to the Office of Government Ethics, 
suite 500, 1201 New York Avenue NW., Washington, DC 20005-3917, 
Attention: John C. Condray.

FOR FURTHER INFORMATION CONTACT:
John C. Condray, Office of the General Counsel and Legal Policy, Office 
of Government Ethics, telephone: 202-523-5757; FAX: 202-523-6325.

SUPPLEMENTARY INFORMATION:

A. Synopsis of Changes

    In accordance with section 301 of Executive Order 12674 of April 
12, 1989 (as modified by Executive Order 12731 of October 17, 1990) 
(hereinafter Executive Order 12674), and consistent with its authority 
under the Ethics in Government Act (as amended), the Office of 
Government Ethics published subpart G of 5 CFR part 2638 as a final 
rule on April 7, 1992 at 57 FR 11886-11891, as corrected at 57 FR 15219 
(April 29, 1992). On December 10, 1992, OGE published as a final rule 
certain amendments to the training regulation not directly related to 
this proposed amendment (see 57 FR 58399-58400, as corrected at 57 FR 
61612 (December 28, 1992)). Based on concerns that agencies expressed 
to OGE, this interim rule further amends subpart G to provide agencies 
with greater flexibility in providing ethics training to their 
employees. The substantive amendments made by this interim regulation 
concern two sections of subpart G, Secs. 2638.703 and 2638.704. The 
amendments to Sec. 2638.703 revise the format of the requirement that 
agencies provide all of their employees with an initial ethics 
orientation. The amendments to Sec. 2638.704 revise the format of the 
annual ethics training that agencies must provide to certain covered 
employees. These amendments are described in greater detail below. 
Section 2638.702(a) has been amended to correspond to the amendments 
made to Sec. 2638.704. Minor changes have also been made throughout 
subpart G to delete language associated with the initiation of the 
training requirements in calendar years 1992 and 1993.

Section 2638.703  Initial Agency Ethics Orientation

    The key change for the initial ethics orientation requirement is 
found at interim 5 CFR 2638.703(b)(2). This provision permits agencies 
to substitute a summary of part I of Executive Order 12674 and the 
Standards of Ethical Conduct in the place of the actual text of the 
Standards. This was done in response to agency concerns that their 
employees may not be able to adequately assimilate the information 
contained in the actual text of the Standards and part I of Executive 
Order 12674 in the amount of time set aside for the initial agency 
ethics orientation, a minimum of one hour of official duty time. In the 
original training regulation as published in April 1992, OGE required 
the full text of these materials to be distributed to employees 
receiving the initial ethics orientation. This was based upon section 
301(b) of Executive Order 12674, which requires that agencies ensure 
review by all employees of the Executive order and any regulations 
promulgated thereunder. The principle of that section is to ensure that 
employees understand the ethical expectations and responsibilities that 
they are required to meet. After careful consideration, OGE has 
determined that this requirement is more effectively met by allowing 
agencies the freedom to develop a summary that conveys the substance of 
the Executive order and the Standards of Ethical Conduct in a form that 
their employees will be better able to assimilate. Of course, executive 
branch employees remain subject to the requirements of part 2635. To 
make certain that employees have access to all of the information 
contained in part I of Executive Order 12674 and part 2635, 
Sec. 2638.703(b)(2) requires agencies using summary materials in lieu 
of part 2635 for an employees' initial ethics orientation to ensure 
that copies of the complete text of part 2635 are retained and readily 
accessible in the employee's immediate office area.
    For those agencies that do decide to continue to provide the full 
text of the Standards for review instead of summary materials, 
Sec. 2638.703(a) has been amended to delete the requirement that 
agencies also provide their employees with a copy of part I of 
Executive Order 12674 as part of the initial agency ethics orientation. 
The revised Sec. 2638.703(a) only requires agencies to provide a copy 
of the Standards of Ethical Conduct for Employees of the Executive 
Branch, together with the names, titles, office addresses and telephone 
numbers of ethics officials available to answer employee questions 
(this is also required in the case of provision of summary materials). 
The Office of Government Ethics has deleted the requirement that 
agencies provide their employees with a copy of part I of Executive 
Order 12674 because the requirement was redundant. The Standards, which 
were published in the Federal Register four months after subpart G was 
originally published, restate the 14 principles of ethical conduct 
contained in part I of Executive Order 12674 virtually verbatim. 5 CFR 
2635.101(b). Agencies should note that OGE has retained part I of 
Executive Order 12674 as one of the subjects that must be included in 
any summary provided to agency employees in accordance with new 
Sec. 2638.703(b)(2). This was done to ensure that the 14 principles, 
which are fundamental to employee conduct, are included in any summary 
used thereunder.

Section 2638.704  Annual Agency Ethics Training

Annual Training for Alternate Confidential Filers
    The interim regulation clarifies that employees exempted from 
confidential financial disclosure reporting pursuant to OGE-approved 
alternative procedures in accordance with 5 CFR 2634.905(c) must also 
receive annual ethics training from their agencies pursuant to 
Sec. 2638.704(b)(4). That section requires agencies to provide annual 
ethics training to all employees required to file confidential 
(nonpublic) financial disclosure reports under subpart I of 5 CFR part 
2634 as well as any supplemental regulation or addendum thereto of the 
concerned agency. This is based in turn upon section 301(c) of 
Executive Order 12674, which explicitly includes confidential filers 
among those categories of employees for whom agencies must provide 
annual ethics briefings. Under another OGE executive branch regulation, 
Sec. 2634.905(c) of this chapter, an individual employee or class of 
employees (including special Government employees) who are otherwise 
subject to the confidential reporting requirements of 5 CFR part 2634 
may be excluded from all or a portion of the confidential reporting 
requirements if they are subject to an agency alternative procedure 
approved by OGE under Sec. 2634.905(c). The Office of Government Ethics 
believes that agencies should still provide annual ethics training to 
such employees in accordance with Sec. 2638.704. Because of concern 
over the potential for a conflict of interest in their official 
positions, these employees are still obligated by their agency to 
fulfill an alternate procedure for the prevention of any conflicts. 
They are therefore the type of employees meant to be covered by the 
annual training requirement contained in section 301(c) of Executive 
Order 12674 and this regulation. Based upon these considerations, OGE 
is therefore amending Sec. 2638.704(b)(4) to explicitly include such 
employees among those who must receive annual ethics training from 
their agency. The amendment to that section also changes the ``and'' to 
an ``or'' in the main clause referring to confidential filing under 
agency supplemental regulations as well as 5 CFR part 2634 itself to 
clarify that any employees subject to confidential reporting pursuant 
to OGE-approved agency substitute affirmative disclosure systems are to 
be included in annual training.
Course Content
    Another change made by the interim regulation concerns the course 
content requirements for annual agency ethics training, contained in 
the training regulation at Sec. 2638.704(c). Some agencies had read the 
former course content requirements as requiring all executive branch 
agencies to provide repetitive training year after year on the same 
material. As OGE indicated in the preamble to the training regulation 
when it was published in April of 1992, this view is based on a 
misunderstanding of the nature of the requirement. Section 2638.704(c) 
as now amended retains language from its predecessor that states ``* * 
* the emphasis and course content of annual agency ethics training 
courses may change from year to year * * *.'' The former section then 
went on to state the minimum requirements, that of a review of 
employee's responsibilities under part I of Executive Order 12674, as 
modified, and the Standards of Ethical Conduct (and any agency 
supplemental regulation) as well as a review of employees' 
responsibility under the conflict of interest statutes contained in 18 
U.S.C. chapter 11. The preamble to the April 1992 final rule stated 
that, after the first session of annual training, this requirement 
could be met with a brief overview of the basic principles. Such an 
overview, given to employees who are familiar with their 
responsibilities under the statutes and the regulations, need serve 
only as a reminder of the basic principles, and could be accomplished 
in a very short period of time. The content of the rest of the training 
is entirely at agency discretion.
    The structure of the annual ethics training is intended to allow 
agencies to vary their approach from year to year to keep the program 
interesting and also to best meet the needs of their employees. The 
Office of Government Ethics encourages innovation by agencies in 
providing training to their employees. Some agencies have been very 
active in following up on the flexibility provided to them for annual 
training. The Department of Justice, for example, is developing an 
interactive ethics computer game for use in its training. Several 
agencies, such as the Department of Defense and the U.S. Forest 
Service, are developing videotapes to supplement the OGE ethics 
training videotapes or to target the information provided to their 
employees. The Office of Government Ethics has consistently maintained 
that the minimum course content requirement contained in the regulation 
is intended to be a starting point from which agencies design and 
conduct their training, not a rigid requirement. However, because of 
continued confusion regarding the nature of this requirement, the 
interim regulation amends the language contained in Sec. 2638.704(c) to 
state that a ``reminder'' of employees' responsibilities under the 
conflicts' statutes and the regulations will suffice to meet this 
requirement.
Presence of a Qualified Individual
    The interim rule amendment deletes the general requirement, 
formerly contained in Sec. 2638.704(d)(1), that annual training be 
presented with a qualified individual physically present during and 
immediately following the presentation. While the former 
Sec. 2638.704(d)(1) used the term ``available,'' both the text of the 
regulation and the preamble at the time of publication made it clear 
that OGE expected the qualified individual to be present at the 
training. 57 FR 11886, 11889 (April 7, 1992). The reason for this 
requirement, as explained in the preamble to the final rule, was to 
provide the best means for addressing employee questions and concerns 
raised by the training. Some agencies, particularly those whose duty 
sites are widely scattered, have voiced concern over their ability to 
meet this requirement. The former training regulation provided an 
exception, at Sec. 2638.704(d)(2)(i), that allowed agencies to train 
covered employees without a qualified individual present under limited 
circumstances. This exception, however, was narrow in scope. Other 
limited exceptions were made for training provided to special 
Government employees and reserve officers.
    Agency concern with this requirement, spurred on by legitimate 
concerns over the best use of limited agency resources, has caused OGE 
to move away from a strict presence requirement for the annual ethics 
training over the past year, so long as the employee retains some form 
of access to a qualified individual during and immediately following 
the training. During the course of reviewing agency written plans for 
annual ethics training, OGE has approved certain agency procedures 
that, while they did not provide for actual physical presence of the 
qualified individual, did meet the goal of giving employees immediate 
and easy access to the qualified individual. For example, OGE approved 
an agency's training plan that called for the use of a video 
conferencing arrangement where the qualified individual could respond 
to employee questions directly as part of the training even though the 
qualified individual was not going to be physically present where the 
training was to be given. In another OGE-approved arrangement, an 
agency plan called for training to be provided through a satellite 
video broadcast, with a qualified individual on standby at the time of 
the training to answer questions over the telephone. These plans were 
approved because of the evolution of OGE's opinion on the desirability 
of a strict interpretation of the training regulation as it existed. 
The Office of Government Ethics has come to conclude that, while in-
person training is often the most effective means of providing 
training, providing the ``best'' means of training may not be a 
realistic standard for all agencies in these times of fiscal 
restraints. The question therefore becomes one of setting a standard 
that agencies are able to meet while simultaneously meeting the goals 
of the ethics training program.
    This interim regulation meets this standard by deleting the general 
requirement that a qualified individual be physically present during 
and following annual ethics training. The interim regulation retains 
the requirement that the annual training generally be provided 
verbally, which now can be done either in person or by recorded means. 
Written materials, standing alone, generally will not meet this 
requirement. This is necessary to comply with section 301(c) of 
Executive Order 12674, as modified by Executive Order 12731, which 
requires agencies to provide covered employees with an annual ethics 
``briefing.'' The interim regulation thus permits and encourages 
agencies to take advantage of technology in meeting this requirement. 
This could include, but is not limited to, use of video conferencing, 
telephone conferencing, audio or video cassettes, or computer-based 
training. Agencies will be required to have ``qualified individuals,'' 
as defined in subpart G, develop any materials or lessons used in the 
training. Agencies will also be required to remind employees receiving 
annual ethics training of the names and phone numbers of ethics 
officials at their agency. This will provide employees with a point of 
contact should they need to seek clarification of issues raised in the 
course of the training or in their day-to-day work. Thus the interim 
regulation provides a standard that both encourages agencies to be 
creative in the means that they choose to provide the required training 
and is a realistic means of providing covered employees with the 
information that they need concerning the ethics and conflict of 
interest rules that govern their conduct.
    The interim regulation retains the exception, at 
Sec. 2638.704(d)(2)(i), permitting agencies to provide annual ethics 
training to a particular employee or group of employees by means of 
written materials when the Designated Agency Ethics Official, or his or 
her designee, makes a written determination that circumstances make it 
impractical to provide training to the employee or group of employees 
in accordance with Sec. 2638.704(d)(1). This section has been slightly 
reworded to reflect the changes made to Sec. 2638.704(d)(1). Because 
Sec. 2638.704(d)(1) now permits agencies to provide annual ethics 
training without the presence of a qualified individual, language 
referring to such training has been deleted from 
Sec. 2638.704(d)(2)(i). Like it predecessor, this exception is limited. 
Mere inconvenience to the agency, standing alone, will not justify a 
written determination under this section. As a practical matter, OGE 
does not expect this exception to be widely used because of the many 
options now available to agencies in providing annual ethics training 
to their employees. Section 2638.702(a)(ii), which requires agencies to 
include the number of employees to be trained under this exception in 
the agencies' written plan for annual ethics training, has also been 
reworded somewhat to reflect the changes made in 
Sec. 2638.704(d)(2)(i).
    The interim regulation also preserves the two exceptions, at 5 CFR 
2638.704(d)(2)(ii) and 2638.704(d)(2)(iii), permitting agencies to use 
written materials in providing annual ethics training to special 
Government employees and to officers in the uniformed services who 
serve on active duty for 30 or fewer consecutive days. As with 
Sec. 2638.704(d)(2)(i), discussed above, these sections have been 
slightly rewritten to reflect the changes made in Sec. 2638.704(d)(1). 
Corresponding changes have been made to Sec. 2638.704(a)(3)(iii), which 
requires agencies to include an estimate of the number of employees to 
be provided annual ethics training in accordance with these exceptions 
with their written plan for annual ethics training.
    The interim regulation also expressly states two limited exceptions 
to the requirement that agencies provide covered employees with a 
minimum of one hour of official duty time for annual ethics training. 
These exceptions, found at Secs. 2638.704(d)(2)(ii) and 
2638.704(d)(2)(iii), waive the official duty hour requirement only for 
training provided to covered employees who are either: Special 
Government employees who are expected to work fewer than 60 days in a 
calendar year; or officers in the uniformed services who serve on 
active duty for 30 or fewer consecutive days. Thus, agencies may send a 
written summary of the ethics restrictions applicable to a special 
Government employee who will serve for a limited time on an advisory 
committee prior to the employee's actual dates of service. This avoids 
a rigid requirement that agencies provide training for a predefined 
period of time. This should enable agencies to communicate the ethics 
restrictions applicable to these employees while giving agencies 
flexibility in how they apply the limited number of hours that these 
employees actually serve.
    The interim regulation also deletes obsolete language throughout 
the training regulation. This language generally pertained to the 
start-up phase of the requirements imposed by subpart G, and is no 
longer necessary. For example, the language at former 
Sec. 2638.702(a)(3) stating that the first agency written plans for 
annual ethics training were due by August 1992, has been deleted. 
Finally, OGE is adding a cross-reference to the detailed subpart G 
ethics training requirements in Sec. 2638.203(b)(6). Section 
2638.203(b) lists the duties of the Designated Agency Ethics Officials; 
the responsibility to ensure that their agency has an education program 
for agency employees on ethics and standards of conduct matters has 
always been listed at Sec. 2638.203(b)(6). The interim regulation 
rewords the language of this subsection to explicitly state that the 
education program for agency employees must be developed and conducted 
in accordance with subpart G of 5 CFR part 2638.

B. Matters of Regulatory Procedure

Administrative Procedure Act
    Pursuant to section 553 (b) and (d) of title 5 of the United States 
Code, I find good cause for waiving the general notice of proposed 
rulemaking and 30-day delay in effectiveness. Because the changes made 
by this interim regulation will enable agencies to more efficiently use 
their resources to provide required Government ethics orientation and 
training to their employees, it is essential to the administration of 
the executive branch ethics program that the changes made by this 
interim regulation become effective as soon as possible. Making the 
rule retroactive to January 1, 1994, enables agencies to complete all 
required ethics training for calendar year 1994 under one set of 
procedures. For these reasons, the notice and delay in effectiveness 
are being waived as impracticable, unnecessary, and contrary to the 
public interest. However, this is an interim rule with provision for a 
60-day comment period. The Office of Government Ethics will review any 
comments received during the comment period, and consider any 
modifications to this rule which appear warranted.
Executive Order 12866
    In promulgating this interim rule amending the executive branch-
wide Government ethics training regulation, the Office of Government 
Ethics has adhered to the regulatory philosophy and the applicable 
principles of regulation set forth in section 1 of Executive Order 
12866, Regulatory Planning and Review. These interim rule amendments 
have not been reviewed by the Office of Management and Budget under 
that Executive order, as they are not deemed ``significant'' 
thereunder.
Regulatory Flexibility Act
    As Director of the Office of Government Ethics, I certify under the 
Regulatory Flexibility Act (5 U.S.C. chapter 6) that this interim rule 
will not have a significant economic impact on a substantial number of 
small businesses because it affects only Federal executive branch 
employees.
Paperwork Reduction Act
    The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply 
to this interim rule because it does not contain information collection 
requirements that require the approval of the Office of Management and 
Budget.

List of Subjects in 5 CFR Part 2638

    Administrative practice and procedure, Conflict of interests, 
Government employees, Reporting and recordkeeping requirements.

    Approved: March 9, 1994.
Donald E. Campbell,
Deputy Director, Office of Government Ethics.

    Accordingly, for the reasons set forth in the preamble, the Office 
of Government Ethics is amending part 2638 of subchapter B of chapter 
XVI of title 5 of the Code of Federal Regulations as follows:

PART 2638--[AMENDED]

    1. The authority citation for part 2638 continues to read as 
follows:

    Authority: 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.

Subpart B--Designated Agency Ethics Official

    2. Section 2638.203 is amended by revising paragraph (b)(6) to read 
as follows:


Sec. 2638.203  Duties of the designated agency ethics official.

* * * * *
    (b) * * *
    (6) An education program for agency employees concerning all ethics 
and standards of conduct matters is developed and conducted in 
accordance with subpart G, Executive Agency Ethics Training Programs, 
of this part.
* * * * *

Subpart G--Executive Agency Ethics Training Programs

    3. Section 2638.702 is amended by revising the introductory texts 
of paragraphs (a)(2) and (a)(3) as well as paragraphs (a)(3)(ii) and 
(a)(3)(iii) to read as follows:


Sec. 2638.702  Responsibilities of the designated agency ethics 
official; review by the Office of Government Ethics.

     (a) * * *
    (2) Ensure the availability of qualified individuals to meet the 
annual ethics training requirements of Sec. 2638.704 of this subpart. 
For the purposes of this subpart, the following shall be considered 
qualified individuals:
* * * * *
    (3) Furnish to the Office of Government Ethics by August 31 of each 
year a written plan for annual ethics training by the agency for the 
following calendar year. Each training plan shall include:
* * * * *
    (ii) An estimate of the number of agency employees to whom the 
annual ethics training course will be provided by means of written 
materials under the exception provided at Sec. 2638.704(d)(2)(i) of 
this subpart, together with a written description of the basis for 
allowing an exception;
    (iii) Estimates of the number of special Government employees and 
the number of officers in the uniformed services to whom the annual 
ethics training course will be presented by means of written materials 
under the exceptions provided at Sec. 2638.704(d)(2) (ii) and (iii) of 
this subpart;
* * * * *
    4. Section 2638.703 is revised to read as follows:


Sec. 2638.703  Initial agency ethics orientation.

    (a) Each new agency employee who enters on duty shall, within 90 
days of the date of his or her entrance on duty, be given:
    (1) Except as provided in paragraph (b) of this section, a copy of 
part 2635 of this chapter, Standards of Ethical Conduct for Employees 
of the Executive Branch, and any supplemental regulation of the 
concerned agency;
    (2) The names, titles, office addresses, and telephone numbers of 
the Designated Agency Ethics Official and other agency ethics officials 
available to answer questions regarding the employee's ethical 
responsibilities; and
    (3) A minimum of one hour of official duty time for the purpose of 
permitting the employee to review the written materials furnished 
pursuant to this section. If the agency provides an ethics training 
course during official duty time, including annual ethics training 
provided under Sec. 2638.704, or a nominee or other new entrant 
receives ethics training provided by the Office of Government Ethics or 
the White House Office, the period of official duty time set aside for 
individual review may be reduced by the time spent in training.
    (b) An agency may meet the requirement of paragraph (a)(1) of this 
section by:
    (1) Furnishing each employee a copy of part 2635 of this chapter 
for the purposes of review only, provided that copies of the complete 
text of part 2635 are retained and readily accessible in the employee's 
immediate office for use by several employees; or
    (2) Providing employees with materials that summarize part I of 
Executive Order 12674, as modified by Executive Order 12731, 3 CFR, 
1990 Comp., p. 306, and part 2635 of this chapter. In order to ensure 
that employees have access to all of the information contained in part 
I of Executive Order 12674, as modified, and part 2635, an agency using 
this alternative must ensure that copies of the complete text of part 
2635 are retained and readily accessible in the employees' immediate 
office area.

    5. Section 2638.704 is amended by revising paragraphs (a), (b)(4), 
(c) and (d) to read as follows:


Sec. 2638.704  Annual agency ethics training.

    (a) Annual ethics training. Executive branch agencies must provide 
each employee identified in paragraph (b) of this section with ethics 
training every calendar year. This training must meet the content 
requirements contained in paragraph (c) of this section and the 
presentation requirements contained in paragraph (d) of this section. 
Except as provided in paragraphs (d)(2)(ii) and (d)(2)(iii) of this 
section, employees must be provided a minimum of one hour of official 
duty time for this training.
    (b) * * *
    (4) Employees required to file confidential (nonpublic) financial 
disclosure reports under subpart I of part 2634 of this chapter or any 
supplemental regulation or addendum of the concerned agency (agency 
employees who are excluded from the confidential financial disclosure 
requirements through the use of an alternative procedure approved by 
the Office of Government Ethics pursuant to Sec. 2634.905(c) of this 
chapter must also receive annual ethics training from their agency 
pursuant to this paragraph);
* * * * *
    (c) Course content. Agencies are encouraged to vary the emphasis 
and course content of annual agency ethics training courses from year 
to year as necessary within the context of their ethics programs. 
However, each training course must include, as a minimum:
    (1) A reminder of the employees' responsibilities under part I of 
Executive Order 12674, as modified, the Standards of Ethical Conduct 
for Employees of the Executive Branch, part 2635 of this chapter, and 
any supplemental regulation thereto by the concerned agency;
    (2) A reminder of the employees' responsibilities under the 
conflict of interest statutes contained in 18 U.S.C. chapter 11; and
    (3) The names, titles, office addresses, and telephone numbers of 
the designated agency ethics official and other agency ethics officials 
available to answer questions regarding the employees' ethical 
responsibilities.
    (d) Course presentation. The training course shall be presented in 
accordance with the following requirements:
    (1) Except as provided in paragraph (d)(2) of this section, annual 
ethics training shall be presented verbally, either in person or by 
telecommunications, computer-based methods or recorded means. A 
qualified individual, as defined in Sec. 2638.702(a)(2) of this 
subpart, shall:
    (i) Present the training, if the training is presented in person; 
or
    (ii) Prepare the recorded materials or presentation, if the 
training is presented by telecommunication, computer-based methods or 
recorded means.
    (2) An agency may provide annual ethics training by means other 
than those specified in paragraph (d)(1) of this section under the 
following circumstances:
    (i) Where the Designated Agency Ethics Official, or his or her 
designee, has made a written determination that circumstances make it 
impractical to provide training to a particular employee or group of 
employees in accordance with paragraph (d)(1) of this section. In such 
cases, annual ethics training may be provided by means of written 
materials, provided that a minimum of one hour of official duty time is 
set aside for employees to attend the presentation or review written 
materials;
    (ii) In the case of special Government employees covered by 
paragraph (b) of this section, an agency may meet the annual training 
requirement by distribution of written materials, or by other means at 
the agency's discretion. For special Government employees who are 
expected to work fewer than 60 days in a calendar year, the requirement 
that the employee be provided with one hour of official duty time for 
annual ethics training is waived; and
    (iii) In the case of officers in the uniformed services who serve 
on active duty for 30 or fewer consecutive days and who are covered by 
paragraph (b) of this section, an agency may meet the annual training 
requirement by distribution of written materials, or by other means at 
the agency's discretion. For these officers, the requirement that the 
officer be provided with one hour of official duty time for annual 
ethics training is waived.

[FR Doc. 94-6006 Filed 3-15-94; 8:45 am]
BILLING CODE 6345-01-U-M