according to 5 U.S.C. 5311-5318 (the Executive Schedule);

(ii) Appointed by the President to a position under 3 U.S.C. 105(a)(2)(B); or

(iii) Appointed by the Vice President to a position under 3 U.S.C. 106(a)(1)(B). (3) Procedure. Distinct and separate components shall be designated in accordance with the following procedure:

(i) Initial Designation. Initial designations of departmental and agency components are set forth in appendix B to this part and are effective as of January 1, 1991.

(ii) Agency Update. A designated agency ethics official may at any time recommend the designation of an additional component or the revocation of a current designation by forwarding a written request to the Director addressing the criteria set forth in paragraph (e)(6) of this section. Designated agency ethics officials shall by November 30 of each year forward to the Office of Government Ethics a letter stating whether components currently designated should remain designated in light of the criteria set forth in paragraph (e)(6).

(iii) Action of Office of Government Ethics. The Director of the Office of Government Ethics shall by rule make or revoke a component designation after considering the recommendation of the designated agency ethics official. The Director shall annually publish in appendix B to this part an updated compilation of all designated departmental or agency components.

(4) Effective Date of Designation. Initial component designations shall be effective as of January 1, 1991. Any subsequent designation shall be effective as of the effective date of the rule that creates the designation, but shall not be effective as to employees who terminated senior service prior to that date. Revocation of a component designation shall be effective 90 days after the effective date of the rule that revokes the designation, but shall not be effective as to individuals who terminated senior service prior to the expiration of such 90-days period.

(5) Unauthorized Designations. No. agency or bureau within the Executive Office of the President may be designated as a separate departmental or agency component.

(6) Criteria for Designation. Before designating an agency component as distinct and separate for purposes of 18 U.S.C. 207(c), the Director of the Office of Government Ethics must find that:

(i) There exists no potential for use by former senior employees of undue influence or unfair advantage based on past Government service; and

(ii) The component is an agency or bureau, within a department or agency, that exercises functions which are distinct and separate from the functions of the parent department or agency and from the functions of other components of that parent as shown by relevant factors which may include, but are not limited to:

(A) The component's creation by statute or a statutory reference indicating that it exercises functions which are distinct and separate; or

(B) The component's exercise of separate and distinct subject matter or geographical jurisdiction.

(7) Supervisory Relationship. Provided that a component has a separate statutory basis or exercises distinct and separate subject matter or geographical jurisdiction, the parent will generally be deemed by the Director of the Office of Government Ethics to be distinct and separate from that component notwithstanding that the parent may exercise general supervisory authority over the component. However, the degree of a parent's supervision over a component will be a factor in determining whether subject matter or geographical jurisdiction is in fact distinct and separate. The Director will not ordinarily consider two components as distinct and separate from one another where one component exercises supervisory authority over another.

APPENDIX A TO PART 2641-POSITIONS

EXEMPTED FROM 18 U.S.C. 207(c)

Pursuant to the provisions of 18 U.S.C. 207(c)(2)(C), each of the following positions is exempt from the provisions of 18 U.S.C. 207(c). All exemptions are effective as of the date indicated.

Agency: Department of Justice.

Positions: United States Trustee (21) (effective June 2, 1994).

Agency: Securities and Exchange Commission.

Positions: Solicitor, Office of General Counsel (effective October 29, 1991); Chief

Food and Drug Administration

Health Care Financing Administration Health Resources and Services Administration (effective May 16, 1997)

Indian Health Service (effective May 16, 1997)

National Institutes of Health (effective May 16, 1997)

Substance Abuse and Mental Health Services Administration (effective May 16, 1997)

Parent: Department of the Interior Components: 1

Bureau of Indian Affairs (effective January 28, 1992)

Bureau of Land Management (effective January 28, 1992)

Bureau of Reclamation (effective January 28, 1992)

Minerals Management Service (effective January 28, 1992)

National Park Service (effective January 28, 1992)

Office of Surface Mining Reclamation and Enforcement (effective January 28, 1992) U.S. Fish and Wildlife Service (effective January 28, 1992)

U.S. Geological Survey (effective January 28, 1992)

Parent: Department of Justice

Components:

Antitrust Division

Bureau of Prisons (including Federal Prison Industries, Inc.)

Civil Division

Civil Rights Division

Community Relations Service

Criminal Division

Drug Enforcement Administration Environment and Natural Resources Division

Executive Office for United States Attorneys2 (effective January 28, 1992) Executive Office for United States Trustees3 (effective January 28, 1992)

1 All designated components under the jurisdiction of a particular Assistant Secretary shall be considered a single component for purposes of determining the scope of 18 U.S.C. 207(c) as applied to senior employees serving on the immediate staff of that Assistant Secretary.

2 The Executive Office for United States Attorneys shall not be considered separate from any Office of the United States Attorney for a judicial district, but only from other designated components of the Department of Justice.

3 The Executive Office for United States Trustees shall not be considered separate from any Office of the United States Trustee Continued

Federal Bureau of Investigation

Foreign Claims Settlement Commission Immigration and Naturalization Service Independent Counsel appointed by the Attorney General

Office of Justice Programs

Office of the Pardon Attorney (effective January 28, 1992)

Offices of the United States Attorney (94) 4 Offices of the United States Trustee (21)5 Tax Division

United States Marshals Service (effective May 16, 1997)

United States Parole Commission

Parent: Department of Labor

Components:

Bureau of Labor Statistics
Employment and Training Administration
Employment Standards Administration
Mine Safety and Health Administration
Occupational Safety and Health Adminis-
tration

Pension and Welfare Benefits Administration (effective May 16, 1997)

Parent: Department of State

Components:

for a region, but only from other designated components of the Department of Justice.

4 Each Office of the United States Attorney for a judicial district shall be considered a separate component from each other such office.

5 Each Office of the United States Trustee for a region shall be considered a separate component from each other such office.

Foreign Service Grievance Board International Joint Commission. United States and Canada (American Section)

Parent: Department of Transportation
Components:

Federal Aviation Administration
Federal Highway Administration
Federal Railroad Administration
Federal Transit Administration
Maritime Administration

National Highway Traffic Safety Adminis tration

Saint Lawrence Seaway Development Corporation

Surface Transportation Board (effective May 16, 1997)

United States Coast Guard

Parent: Department of the Treasury

Components:

Bureau of Alcohol, Tobacco and Firearms Bureau of Engraving and Printing

Bureau of the Mint

Bureau of the Public Debt

Comptroller of the Currency

Federal Law Enforcement Training Center Financial Management Service

Internal Revenue Service

Office of Thrift Supervision
United States Customs Service
United States Secret Service

[56 FR 3963, Feb. 1, 1991, as amended at 57 FR 3116, Jan. 28, 1992; 57 FR 11673, Apr. 7, 1992; 58 FR 33755, June 21, 1993; 62 FR 26917, May 16. 1997; 62 FR 31865, June 11, 1997; 64 FR 5710. Feb. 5, 1999]