80.735-3 Agency ethics officials.

(a) Designated Agency Ethics Official (DAEO). The Assistant General Counsel (023) is the designated agency ethics official (DAEO) for the Department of Veterans Affairs. The Deputy Assistant General Counsel (023C) is the alternate DAEO, who is designated to act in the DAEO's absence. The DAEO has primary responsibility for the administration, coordination, and management of the VA ethics program, pursuant to 5 CFR 2638.201–204.

(b) Deputy ethics officials. (1) The District Counsel are deputy ethics officials. They have been delegated the authority to act for the DAEO within their jurisdiction, under the DAEO's supervision, pursuant to 5 CFR 2638.204.

(2) The alternate DAEO, the DAEO's staff, and staff in the Offices of District Counsel, may also act as deputy ethics officials pursuant to delegations of one or more of the DAEO's duties from the DAEO or the District Counsel.

$0.735-4 Agency designees.

(a) The following officials are “agency designees" for purposes of the standards of conduct in 5 CFR part 2635:

Under Secretaries

Assistant Secretaries

Director, National Cemetery System General Counsel

Inspector General

Chairman, Board of Veterans Appeals Chairman, Board of Contract Appeals Heads of Independent Facilities Designated Agency Ethics Official District Counsel.

(b) Agency designees are authorized, pursuant to 5 CFR 2635.102(b), to make specified determinations, grant approval, or take other specified action required or permitted by the standards of conduct with respect to another employee. An agency designee may seek the advice of the DAEO or a deputy ethics official in exercising his or her responsibilities as to any other employee.

$0.735-5 Ethics education.

(a) Initial ethics orientation. Each new agency employee shall receive initial ethics orientation, pursuant to 5 CFR 2638.703, within 90 days of his or her entrance on duty.

(b) Annual ethics training. (1) The following employees shall receive annual ethics training, pursuant to 5 CFR 2638.704:

(i) Employees appointed by the President.

(ii) Employees required to file public financial disclosure reports or confidential financial disclosure reports.

(iii) Officers or employees who have been authorized by the Secretary or his or her designee to enter into, administer, or terminate contracts and make related determinations and findings.

(iv) With respect to any procurement (including the modification or extension of a contract), any civilian or military official or employee of an agency, (including a contractor, subcontractor, consultant, expert, or advisor (other than a competing contractor) acting on behalf of, or providing advice to, the agency with respect to any phase of the agency procurement concerned), who has participated personally and substantially in the drafting of a specification developed for that procurement; the review and approval of a specification developed for that procurement; the preparation or issuance of a procurement solicitation in that procurement; the evaluation of bids or proposals for that procurement; the selection of sources for that procurement; the conduct of negotiations in that procurement; the review and approval of the award, modification, or extension of a contract in that procurement; or such other specific procurement as may be specified in the procurement integrity implementing regulations at 48 CFR 3.104.

(v) Other employees designated by the Secretary or his or her designee based on a determination that such training is desirable in view of their particular duties.

(2) For purposes of administering training, the DAEO, the alternate DAEO, the District Counsel, and attorneys which these individuals designate are “qualified individuals.”

(c) Other ethics education. The DAEO and deputy ethics officials may conduct such other ethics education, training and orientation for employees as he, she, or they deem(s) appropriate, or as requested by VA management officials.

$0.735-6 Ethics advice.

(a) Employees may request and shall receive, upon such request, ethics advice from the DAEO or deputy ethics officials, in accordance with paragraphs (b) and (c) of this section. Former employees may request and shall receive, upon such request, ethics advice related to post-employment restrictions, in accordance with paragraphs (b) and (c) of this section. Employees need not follow the chain of command, and former employees need not follow their former chain of command, in seeking ethics advice from their District Counsel or the DAEO.

(b) The DAEO is authorized to:

(1) Interpret for the Department of Veterans Affairs the laws, executive orders, and regulations relating to employee ethics and conduct matters, and the regulations in this part;

(2) Coordinate counseling services on ethics and conduct matters for employees, and counseling services on postemployment restrictions for former employees;

(3) Resolve questions of conflict of interest, the appearance of conflict of interest and other matters covered in 5 CFR parts 2634, 2635 and this part, whether the questions arise directly from an employee or former employee; or indirectly from an agency designee or a deputy ethics official.

(4) Assure that counseling, advice and interpretations of a precedential nature are available to deputy ethics officials and, if appropriate, other employees, including agency designees;

(c) District Counsel may render advice and interpretations on questions of ethics and conduct matters to any employee, and on questions of post-employment restrictions to former employees, within the District Counsel's jurisdiction. The District Counsel shall be guided by the interpretations of the DAEO on the pertinent law, executive orders, and regulations. In case of doubt regarding any question, or disagreement of interpretation between District Counsel and employee or former employees, or novel questions of broad application within VA, the District Counsel may submit the matter for consideration by the DAEO.

$0.735-7 Financial disclosure.

The DAEO shall administer the public financial disclosure program within the Department of Veterans Affairs. The DAEO shall administer the confidential financial disclosure program, and distribute, collect, review, certify and retain the confidential financial disclosure reports of Central Office employees. The District Counsel shall distribute, collect, review, certify and retain confidential financial disclosure reports for employees whose duty station is within their geographic jurisdiction. The DAEO and District Counsel shall maintain records and reports of the financial disclosure system(s) within their responsibility.

§ 0.735-8 Violation of regulations.

Violation of the regulations in this part by an employee may be cause for appropriate disciplinary action which may be in addition to any penalty prescribed by law.

Subpart B-Standards of Ethical Conduct and Related Responsibilities of Employees

SOURCE: 58 FR 61814, Nov. 23, 1993, unless otherwise noted.

$0.735-10 Cross-reference to employee

ethical and other conduct standards and financial disclosure regulations.

Employees of the Department of Veterans Affairs (VA) should refer to the executive branch-wide Standards of Ethical Conduct at 5 CFR part 2635, the executive branch-wide Employee Responsibilities and Conduct at 5 CFR part 735, and the executive branch-wide financial disclosure regulation at 5 CFR part 2634.

$0.735-11 Other conduct on the job.

Relationship with beneficiaries and claimants. Employees are expected to be helpful to beneficiaries, patients and claimants, but:

(a) An employee shall not procure intoxicants or drugs for, or attempt to sell intoxicants or drugs to, patients or members, or give or attempt to give intoxicants or drugs to them unless officially prescribed for medical use;

(b) An employee shall not abuse patients, members, or other beneficiaries, whether or not provoked.

$0.735-12 Standards of conduct in special areas.

(a) Safety. (1) Employees will observe safety instructions, signs, and normal safety practices and precautions, including the use of protective clothing and equipment.

(2) An employee shall report each work-connected injury, accident or disease he or she suffers.

(b) Furnishing testimony. Employees will furnish information and testify freely and honestly in cases respecting employment and disciplinary matters. Refusal to testify, concealment of material facts, or willfully inaccurate testimony in connection with an investigation or hearing may be ground for disciplinary action. An employee, however, will not be required to give testimony against himself or herself in any matter in which there is indication that he or she may be or is involved in a violation of law wherein there is a possibility of self-incrimination.

PART 1-GENERAL PROVISIONS

DEPARTMENT OF VETERANS AFFAIRS OFFICIAL SEAL AND DISTINGUISHING FLAG

Sec. 1.9 Description, use, and display of VA Seal and Flag.

THE UNITED STATES FLAG FOR BURIAL
PURPOSES

1.10 Eligibility for and disposition of the United States flag for burial purposes.

QUARTERS FOR DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES OVERSEAS

1.11 Quarters for Department of Veterans Affairs employees in Government-owned or -rented buildings overseas.

PUBLIC PARTICIPATION

1.12 Public participation in regulatory development.

WORDS AND STATEMENTS DENOTING GENDER 1.13 Statement of VA publications and communications in a manner that does not seem to preclude benefits for female veterans, dependents or beneficiaries.

PROGRAM EVALUATION

1.15 Standards for program evaluation. 1.17 Evaluation of studies relating to health effects of dioxin and radiation exposure. SECURITY AND LAW ENFORCEMENT AT VA FACILITIES

1.218 Security and law enforcement at VA facilities.

PARKING FEES AT VA MEDICAL FACILITIES

1.300 Purpose.

1.301 Definitions.

1.302 Applicability and scope. 1.303 Policy.

INVESTIGATION

1.450 Jurisdiction and responsibility for investigation.

1.451 Functions of Investigation Service. 1.452 Authorizations for investigations, surveys and special studies.

1.453 Cooperation of all officials on investigation.

1.454 Unauthorized disclosure of investigative information.

1.455 Witnesses required to read and sign transcript.

RELEASE OF INFORMATION FROM DEPARTMENT OF VETERANS AFFAIRS CLAIMANT RECORDS 1.500 General.

1.501 Release of information by the Secretary.

1.502 Disclosure of the amount of monetary benefits.

1.503 Disclosure of information to a veteran or his or her duly authorized representative as to matters concerning the veteran alone.

1.504 Disclosure of information to a widow, child, or other claimant.

1.505 Genealogy.

1.506 Disclosure of records to Federal Government departments, state unemployment compensation agencies, and the Office of Servicemen's Group Life Insurance.

1.507 Disclosures to members of Congress. 1.508 Disclosure in cases where claimants are charged with or convicted of criminal offenses.

1.509 Disclosure to courts in proceedings in the nature of an inquest.

1.510 Disclosure to insurance companies cooperating with the Department of Justice in the defense of insurance suits against the United States.

1.511 Disclosure of claimant records in connection with Judicial proceedings generally.

1.512 Disclosure of loan guaranty information.

1.513 Disclosure of information contained in Armed Forces service and related medical records in Department of Veterans Affairs custody.

1.513a Confidentiality of information and patient records prepared or obtained under the sickle cell anemia program. 1.514 Disclosure to private physicians and hospitals other than Department of Veterans Affairs.

1.514a Disclosure to private psychologists. 1.515 To commanding officers of State soldiers' homes.

1.516 Disclosure of information to undertaker concerning burial of a deceased veteran.

1.517 Disclosure of vocational rehabilitation and education information to educational institutions cooperating with the Department of Veterans Affairs. 1.518 Addresses of claimants. 1.519 Lists of names and addresses. 1.520 Confidentiality of social data. 1.521 Special restrictions concerning social security records.

1.522 Determination of the question as to whether disclosure will be prejudicial to the mental or physical health of claimant.

1.523 [Reserved]