[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]
[[Page Unknown]]
[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
