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PART 2638 -- OFFICE OF GOVERNMENT ETHICS AND EXECUTIVE AGENCY
ETHICS PROGRAM RESPONSIBILITIES
Subpart A -- General Provisions
Sec.
2638.101 Authority and purpose.
2638.102 General policies.
2638.103 Agency regulations.
2638.104 Definitions.
Subpart B -- Designated Agency Ethics Officials
2638.201 In general.
2638.202 Responsibility of agency head.
2638.203 Duties of designated agency ethics official.
2638.204 Deputy ethics official.
Subpart C -- Formal Advisory Opinion Service
2638.301 In general.
2638.302 Who may request a formal advisory opinion.
2638.303 Subject matter of formal advisory opinions.
2638.304 Form of requests for formal advisory opinions.
2638.305 Acceptance of requests for formal advisory opinions.
2638.306 Notice of requests.
2638.307 Written comment on requests.
2638.308 Issuance.
2638.309 Reliance on formal advisory opinions.
2638.310 Public availability and publication of formal advisory
opinions.
2638.311 Copies of published formal advisory opinions.
2638.312 Referral of requests.
2638.313 Agency opinions.
Subpart D -- Correction of Executive Branch Agency Ethics
Programs
2638.401 In general.
2638.402 Corrective orders.
2638.403 Agency compliance.
2638.404 Report of noncompliance.
Subpart E -- Corrective and Remedial Action in Cases Involving
Individual Executive Agency Employees
2638.501 In general.
2638.502 Recommendations and advice.
2638.503 Agency investigations.
2638.504 Director's finding.
2638.505 Director's decision and order.
2638.506 Director's recommendation.
Subpart F -- Executive Branch Agency Reports
2638.601 In general.
2638.602 Annual agency reports.
2638.603 Reports of referral for possible prosecution.
Subpart G -- Executive Agency Ethics Training Programs
2638.701 Executive agency ethics training programs; generally.
2638.702 Responsibilities of the designated agency ethics
official; review by the Office of Government Ethics.
2638.703 Initial agency ethics orientation.
2638.704 Annual agency ethics training.
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.
Source: 46 FR 2583, Jan. 9, 1981, unless otherwise noted.
Redesignated at 54 FR 50231, Dec. 5, 1989.
Subpart A -- General Provisions
2638.101 Authority and purpose.
(a) Authority. The regulations of this part are issued
pursuant to the authority of titles II and IV of the Ethics in
Government Act of 1978 (Pub. L. 95 - 521, as amended) (``the
Act'').
(b) Purpose. These regulations supplement and implement
titles II, IV and V of the Act, set forth more specifically
certain procedures provided in those titles, and furnish
examples, where appropriate.
2638.102 General policies.
(a) The Office of Government Ethics (``the Office'')
provides overall direction and leadership concerning executive
branch policies related to preventing conflicts of interest. The
head of each agency has primary responsibility for the
administration of the ``ethics in government'' program within his
or her agency. The Office carries out its leadership role by:
(1) Providing information on and promoting ethical
standards in executive agencies;
(2) Consulting with agencies regarding their agency ethics
programs and assisting them in interpreting ethics rules and
regulations;
(3) Developing rules and regulations pertaining to
conflicts of interests and standards of conduct;
(4) Monitoring compliance with the public and confidential
financial disclosure requirements;
(5) Establishing a formal advisory opinion service; and
(6) Evaluating the effectiveness of programs designed to
prevent conflicts of interests.
2638.103 Agency regulations.
Each agency may, subject to the prior approval of the
Office of Government Ethics, issue regulations not inconsistent
with this part.
2638.104 Definitions.
For the purposes of this part:
Act means the Ethics in Government Act of 1978 (Pub. L.
95 - 521, as amended).
Agency means any executive department, military
department, Government corporation, independent establishment or
agency, including the United States Postal Service and Postal
Rate Commission.
Designated agency ethics official means an officer or
employee who is designated by the head of the agency to
coordinate and manage the agency's ethics program in accordance
with the provisions of 2638.203 of this part.
Director means the Director of the Office of Government Ethics.
Executive branch includes each executive department, military
department, Government corporation, independent establishment,
and any other entity or administrative unit in the executive
branch unless such agency, entity or unit is specifically
included in the coverage of title I (relating to the legislative
branch) or title III (relating to the judicial branch) of the
Act.
Person includes an individual, partnership, corporation,
association, government agency, or public or private
organization.
Subpart B -- Designated Agency Ethics Official
2638.201 In general.
Each agency shall have a designated agency ethics
official who is the officer or employee designated by the head of
the agency to administer the provisions of title II of the Act
within that agency, to coordinate and manage the agency's ethics
program and to provide liaison to the Office of Government Ethics
with regard to all aspects of such ethics program. The agency's
ethics program shall be designed to implement titles II, IV and V
of the Act and regulations promulgated thereunder, Executive
Order 11222 (relating to standards of conduct for officers and
employees within the executive branch) and regulations
promulgated thereunder, and other statutes and regulations
applicable to agency ethics matters.
2638.202 Responsibilities of agency head.
(a) In general. The head of each agency is responsible for
and shall exercise personal leadership in establishing,
maintaining, and carrying out the agency's ethics program. He or
she shall make available to the ethics program sufficient
resources (including investigative, audit, legal, and
administrative staff as necessary) to enable the agency to
administer its program in a positive and effective manner.
(b) Selection of a designated agency ethics official. The
head of each agency shall appoint an individual to serve as the
designated agency ethics official and an individual to serve in
an acting capacity in the absence of the primary designated
agency ethics official (alternate agency ethics official). In
selecting these two individuals the head of an agency should
ensure that the experience of such appointees in administrative,
legal, managerial, or analytical work demonstrates the ability to
--
(1) Review the financial disclosure reports submitted by
officers or employees within the agency, assessing the
application of conflict of interest laws and regulations to the
information reported and counseling those officers or employees
with regard to resolving actual or potential conflicts of
interests, or appearances thereof;
(2) Review the financial disclosure reports submitted by
Presidential appointees for confirmation purposes and counsel
those appointees with regard to resolving potential conflicts of
interest, or appearances thereof, before the confirmation
hearing;
(3) Counsel agency personnel concerning ethics standards
and programs;
(4) Counsel departing and former agency officials on
post-employment conflict of interest standards;
(5) Assist managers and supervisors in understanding and
implementing agency ethics programs;
(6) Administer a system for periodic evaluation of the
ethics program; and
(7) Select deputy ethics officials if necessary and manage
the ethics program through them.
(c) Designation. The head of e