5 CFR § 2638.304 - Initial ethics training.
Each new employee of the agency subject to the Standards of Conduct must complete initial ethics training that meets the requirements of this section.
(a) Coverage. (1) This section applies to each employee appointed to a position in an agency who was not an employee of the agency immediately prior to that appointment. This section also permits Presidential nominees for Senate-confirmed positions to complete the initial ethics training prior to appointment.
(2) The DAEO may exclude a non-supervisory position at or below the GS-8 grade level, or the equivalent, from the requirement to complete the training presentation described in paragraph (e)(1) of this section, provided that:
(i) The DAEO signs a written determination that the duties of the position do not create a substantial likelihood that conflicts of interest will arise;
(ii) The position does not meet the criteria set forth at § 2634.904 of this chapter; and
(iii) The agency provides an employee described in paragraph (a)(1) of this section who is appointed to the position with the written materials required under paragraph (e)(2) of this section within 3 months of appointment.
(b) Deadline. Except as provided in this paragraph, each new employee must complete initial ethics training within 3 months of appointment.
(1) In the case of a Presidential nominee for a Senate-confirmed position, the nominee may complete the ethics training before or after appointment, but not later than 3 months after appointment.
(2) In the case of a special Government employee who is reasonably expected to serve for no more than 60 days in a calendar year on a board, commission, or committee, the agency may provide the initial ethics training at any time before, or at the beginning of, the employee's first meeting of the board, commission, or committee.
(c) Duration. The duration of the training must be sufficient for the agency to communicate the basic ethical obligations of federal service and to present the content described in paragraph (e) of this section.
(d) Format. Employees covered by this section are required to complete interactive initial ethics training.
(e) Content. The following content requirements apply to initial ethics training.
(1) Training presentation. The training presentation must focus on government ethics laws and regulations that the DAEO deems appropriate for the employees participating in the training. The presentation must address concepts related to the following subjects:
(i) Financial conflicts of interest;
(ii) Impartiality;
(iii) Misuse of position; and
(iv) Gifts.
(2) Written materials. In addition to the training presentation, the agency must provide the employee with either the following written materials or written instructions for accessing them:
(i) The summary of the Standards of Conduct distributed by the Office of Government Ethics or an equivalent summary prepared by the agency;
(ii) Provisions of any supplemental agency regulations that the DAEO determines to be relevant or a summary of those provisions;
(iii) Such other written materials as the DAEO determines should be included; and
(iv) Instructions for contacting the agency's ethics office.
(f) Tracking. Each agency must establish written procedures, which the DAEO must review each year, for initial ethics training. In the case of an agency with 1,000 or more employees, the DAEO must review any submissions under § 2638.310 each year to confirm that the agency has implemented an appropriate process for meeting the requirements of this section.