[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2635.105]

[Page 546]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER XVI--OFFICE OF GOVERNMENT ETHICS
 
PART 2635_STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE EXECUTIVE 
BRANCH--Table of Contents
 
                      Subpart A_General Provisions
 
Sec.  2635.105  Supplemental agency regulations.

    In addition to the regulations set forth in this part, an employee 
shall comply with any supplemental agency regulations issued by his 
employing agency under this section.
    (a) An agency that wishes to supplement this part shall prepare and 
submit to the Office of Government Ethics, for its concurrence and joint 
issuance, any agency regulations that supplement the regulations 
contained in this part. Supplemental agency regulations which the agency 
determines are necessary and appropriate, in view of its programs and 
operations, to fulfill the purposes of this part shall be:
    (1) In the form of a supplement to the regulations in this part; and
    (2) In addition to the substantive provisions of this part.
    (b) After concurrence and co-signature by the Office of Government 
Ethics, the agency shall submit its supplemental agency regulations to 
the Federal Register for publication and codification at the expense of 
the agency in title 5 of the Code of Federal Regulations. Supplemental 
agency regulations issued under this section are effective only after 
concurrence and co-signature by the Office of Government Ethics and 
publication in the Federal Register.
    (c) This section applies to any supplemental agency regulations or 
amendments thereof issued under this part. It does not apply to:
    (1) A handbook or other issuance intended merely as an explanation 
of the standards contained in this part or in supplemental agency 
regulations;
    (2) An instruction or other issuance the purpose of which is to:
    (i) Delegate to an agency designee authority to make any 
determination, give any approval or take any other action required or 
permitted by this part or by supplemental agency regulations; or
    (ii) Establish internal agency procedures for documenting or 
processing any determination, approval or other action required or 
permitted by this part or by supplemental agency regulations, or for 
retaining any such documentation; or
    (3) Regulations or instructions that an agency has authority, 
independent of this part, to issue, such as regulations implementing an 
agency's gift acceptance statute, protecting categories of nonpublic 
information or establishing standards for use of Government vehicles. 
Where the content of any such regulations or instructions was included 
in the agency's standards of conduct regulations issued pursuant to 
Executive Order 11222 and the Office of Government Ethics concurs that 
they need not be issued as part of an agency's supplemental agency 
regulations, those regulations or instructions may be promulgated 
separately from the agency's supplemental agency regulations.