March 22, 1994
TO: Designated Agency Ethics Officials
FROM: Stephen D. Potts Director
SUBJECT: Publication of Training Regulation Interim Rule Amendments
Attached is the interim rule amending subparts B and G of 5 CFR part 2638, published by the Office of Government Ethics (OGE) on March 16, 1994 at 59 Fed. Reg. 12145-12149. As discussed in detail in our January 18, 1994 DAEOgram (DO-94-003), the interim rule revises the executive branch ethics training regulation to provide agencies with greater flexibility in administering their ethics training programs. To summarize, the interim rule accomplishes this by amending the training regulation as follows: (1) modifying the materials required for the initial ethics orientation; (2) clarifying certain categories of employees who must receive annual ethics training from their agencies as well as the leeway provided for the training of certain special Government employees and reserve officers; (3) clarifying minimum course content requirements for annual ethics training and the ability of agencies to vary the focus of the annual training from year to year; and (4) deleting the general requirement that a qualified individual be physically present during and immediately following the annual ethics training (telecommunications, computer-based methods or recorded means can now alternatively be employed if prepared by a qualified individual).
The interim rule amendments have a retroactive effective date of January 1, 1994. This was done to allow agencies to take advantage of the greater flexibility provided by the amendments in conducting their 1994 ethics training programs. Agencies should note that they will not be required to submit to OGE modified training plans for calendar year 1994 to accommodate these changes.