E. O. 11222 Title 3--Chapter II E. O. 11222 to permit any person to participate in any matter in which his participation is prohibited by law, regulation, or order. PART V-DELEGATING AUTHORITY OF THE President UNDER SECTIONS 205 and 208 oF TITLE 18 of the United States Code Relating to CONFLICTS OF INTEREST SECTION 501. As used in this part, "department" means an executive department, "agency" means an independent agency or establishment or a Government corporation, and "head of an agency" means, in the case of an agency headed by more than one person, the chairinan or comparable member of such agency. SEC. 502. There is delegated, in accordance with and to the extent prescribed in Sections 503 and 504 of this part, the authority of the President under Sections 205 and 208(b) of Title 18, United States Code, to permit certain actions by an officer or employee of the Government, including a special Government employee, for appointment fo whose position the President is responsible. SEC. 503. Insofar as the authority of the President referred to in Section 502 extends to any appointee of the President subordinate to or subject to the chairmanship of the head of a department or agency, it is delegated to such department or agency head. SEC. 504. Insofar as the authority of the President referred to in Section 502 extends to an appointee of the President who is within or attached to a department or agency for purposes of administration, it is delegated to the head of such department or agency. SEC. 505. Notwithstanding any provision of the preceding sections of this part to the contrary, this part does not include a delegation of the authority of the President referred to in Section 502 insofar as it extends to: (a) The head of any department or agency in the Executive Branch; (b) Presidential appointees in the Executive Office of the President who are not subordinate to the head of an agency in that Office; and (c) Presidential appointees to committees, boards, commissions, or similar groups established by the President. PART VI-PROVIDING FOR THE PERFORMANCE BY THE CIVIL SERVICE COMMISSION OF CERTAIN AUTHORITY VESTED IN THE PRESIDENT BY SECTION 1753 OF THE REVISED STATUTES SECTION 601. The Civil Service Commission is designated and empowered to perform, without the approval, ratification, or other action of the President, so much of the authority vested in the President by Section 1753 of the Revised Statutes of the United States (5 U.S.C. 631) as relates to establishing regulations for the conduct of persons in the civil service. SEC. 602. Regulations issued under the authority of Section 601 shall be consistent with the standards of ethical conduct provided elsewhere in this order. EO. 11222 Title 3--Chapter II PART VII-GENERAL PROVISIONS EO. 11222 SECTION 701. The Civil Service Commission is authorized and directed, in addition to responsibilities assigned elsewhere in this order: (a) To issue appropriate regulations and instructions implementing Parts II, III, and IV of this order; (b) To review agency regulations from time to time for conformance with this order; and (c) To recommend to the President from time to time such revisions in this order as may appear necessary to ensure the maintenance of high ethical standards within the Executive Branch. SEC. 702. Each agency head is hereby directed to supplement the standards provided by law, by this order, and by regulations of the Civil Service Commission with regulations of special applicability to the particular functions and activities of his agency. Each agency head is also directed to assure (1) the widest possible distribution of regulations issued pursuant to this section, and (2) the availability of counseling for those employees who request advice or interpretation. SEC. 703. The following are hereby revoked: (a) Executive Order No. 10939 of May 5, 1961. (b) Executive Order No. 11125 of October 29, 1963. (c) Section 2(a) of Executive Order No. 10530 of May 10, 1954. (d) White House memorandum of July 20, 1961, on "Standards of Conduct for Civilian Employees." (e) The President's Memorandum of May 2, 1963, "Preventing Conflicts of Interest on the Part of Special Government Employees." The effective date of this revocation shall be the date of issuance by the Civil Service Commission of regulations under Section 701 (a) of this order. SEC. 704. All actions heretofore taken by the President or by his delegates in respect of the matters affected by this order and in force at the time of the issuance of this order, including any regulations prescribed or approved by the President or by his delegates in respect of such matters, shall, except as they may be inconsistent with the provisions of this order or terminate by operation of law, remain in effect until amended, modified, or revoked pursuant to the authority conferred by this order. SEC. 705. As used in this order, and except as otherwise specifically provided herein, the term "agency" means any executive department, or any independent agency or any Government corporation; and the term "employee" means any officer or employee of an agency. LYNDON B. JOHNSON THE WHITE HOUSE, May 8, 1965. In this part: (a) "Agency" means an Executive agency (other than the General Accounting Office) as defined by section 105 of title 5, United States Code, the Postal Service, and the Postal Rate Commission. (b) "Employee" means an employee of an agency, but does not include a special Government employee or a member of the uniformed services. (c) "Executive order" means Executive Order 11222 of May 8, 1965. (d) "Person" means an individual, a corporation, a company, an association, a firm, a partnership, a society, a joint stock company, or any other organization or institution. (e) "Special Government employee" means a "special Government employee" as defined in section 202 of title 18, United States Code, who is employed in the executive branch, but does not include a member of the uniformed services. (f) "Uniformed services" has the meaning given that term by section 2101 of title 5, United States Code. [33 FR 12487, Sept. 4, 1968, as amended at 36 FR 11999, June 24, 1971] $735.103 Applicability to members of the uniformed services. This part, except this section, is not applicable to members of the uniformed services. Each agency having jurisdiction over members of the uniformed services shall issue regulations covering those members and regulating their ethical and other conduct Title 5-Administrative Personnel and the reporting of employment and financial interests in a manner consistent with the Executive order and this part. § 735.104 Issuance, approval, and publication of agency regulations. (a) Except as provided in paragraph (f) of this section, each agency head shall prepare, and submit to OPM for approval, regulations in accordance with this part that (1) Implement the requirements of law, the Executive order, and this part; and (2) Prescribe additional standards of ethical and other conduct and reporting requirements that are appropriate to the particular functions and activities of the agency and are not inconsistent with law, the Executive order. and this part. (b) After OPM approval each agency head shall: (1) Submit the agency's regulations to the FEDERAL REGISTER for publication; (2) Furnish each employee and special Government employee a copy of the appropriate agency regulations (or a comprehensive summary thereof) within 90 days after approval; (3) Furnish each new employee and special Government employee a copy of the appropriate agency regulations (or a comprehensive summary thereof) at the time of his entrance on duty; (4) Bring the appropriate agency regulations to the attention of each employee and special Government employee annually, and at such other times as circumstances warrant; (5) Assure the availability of counseling to each employee and special Government employee as provided in § 735.105; and (6) Have available for review by employees and special Government employees, as appropriate, copies of laws. the Executive order, agency regulations, and pertinent OPM regulations and instructions relating to ethical and other conduct. (c) Agency regulations issued under this part are effective only after approval by OPM and publication in the FEDERAL REGISTER. Chapter I-Office of Personnel Management (d) Requests for approval of agency regulations to be issued under this part shall be directed to the Office of Personnel Management, Office of the General Counsel, Washington, D.C. 20415. (e) This section applies to any amendment of agency regulations issued under this part. (f) An agency head who does not consider it feasible to prepare agency regulations under this part because of the small number of his employees, or for another reason acceptable to OPM, may adopt the regulations in this part for application, as appropriate, to the employees and special Government employees of his agency if: (1) He obtains the approval of OPM for that adoption; and (2) After obtaining that approval, he submits a notice to the FEDERAL REGISTER announcing the applicability of this part to his employees. (a) Each agency head shall designate a top-ranking employee of his agency who has appropriate experience, preferably legal, and in whom he has complete personal confidence, to be the counselor for the agency and to serve as the agency's designee to OPM on matters covered by this part. The counselor shall be made responsible for coordination of the agency's counseling services provided under paragraph (b) of this section and for assuring that counseling and interpretations on questions of conflicts of interest and other matters covered by this part are available to deputy counselors designated under paragraph (b) of this section. (b) Each agency head shall designate deputy counselors for the agency's employees and special Government employees. Deputy counselors designated under this section shall be qualified and in a position to give authoritative advice and guidance to each employee and special Government employee who seeks advice and guidance on questions of conflicts of interest and on other matters covered by this part. (c) Each agency shall notify its employees and special Government employees of the availability of counsel § 735.107 ing services and of how and where these services are available. This notification shall be made within 90 days after approval of the agency regulations to be issued under this part, and periodically thereafter. In the case of a new employee or special Government employee appointed after this notification, notification shall be made at the time of his entrance on duty. $735.106 Reviewing statements and reporting conflicts of interest. (a) Agency regulations issued under this part shall establish a system for the review of statements of employment and financial interests submitted under Subpart D of this part. The system of review shall be designed to disclose conflicts of interest or apparent conflicts of interest on the part of employees and special Government employees. (b) The system of review established under paragraph (a) of this section shall provide that, when a statement submitted under Subpart D of this part or information from other sources indicates a conflict between the interests of an employee or special Government employee and the performance of his services for the Government and when the conflict or appearance of conflict is not resolved at a lower level in the agency, the information concerning the conflict or ap pearance of conflict shall be reported to the agency head through the counselor for the agency. (c) The employee or special Government employee concerned shall be provided an opportunity to explain the conflict or appearance of conflict. $735.107 Disciplinary and other remedial action. (a) Agency regulations issued under this part shall provide that a violation of the agency regulations by an employee or special Government employee may be cause for appropriate disciplinary action which may be in addition to any penalty prescribed by law. (b) When, after consideration of the explanation of the employee or special Government employee provided by § 735.106, the agency head decides that remedial action is required, he shall |