[Federal Register: October 3, 2007 (Volume 72, Number 191)]
[Rules and Regulations]
[Page 56241-56242]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03oc07-1]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
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The Code of Federal Regulations is sold by the Superintendent of Documents.
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[[Page 56241]]
OFFICE OF GOVERNMENT ETHICS
5 CFR Parts 2634 and 2638
RINs 3209-AA00 and 3209-AA07
Amendments To Incorporate a Statement Regarding the ``Sole and
Exclusive'' Nature of the Authority That the Regulations of the Office
of Government Ethics Confer on Executive Branch Departments and
Agencies
AGENCY: Office of Government Ethics (OGE).
ACTION: Final rule, clarifying amendments.
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SUMMARY: The Office of Government Ethics is amending its regulations to
clarify the sole and exclusive nature of the authority it has conferred
on executive branch departments and agencies and to remove certain
language that this clarification makes redundant.
DATES: Effective Date: November 2, 2007.
FOR FURTHER INFORMATION CONTACT: William E. Gressman, Senior Associate
General Counsel, Office of Government Ethics, telephone: 202-482-9300;
TDD: 202-482-9293; FAX: 202-482-9237.
SUPPLEMENTARY INFORMATION: As the supervising ethics office for the
executive branch, the Office of Government Ethics (OGE) has
promulgated, at subchapter B of chapter XVI of title 5 of the Code of
Federal Regulations, regulations that, among other things, confer on
executive branch departments and agencies (``agencies'') the authority
to carry out various functions of the executive branchwide ethics
program. Agencies exercise this authority solely and exclusively, in
order to ensure consistent and uniform application of the various
statutory and regulatory authorities constituting the framework for
ethics in the executive branch.
OGE previously amended one section of subchapter B, 5 CFR 2634.906,
in order to add language emphasizing the sole and exclusive nature of
the authority OGE has conferred on executive branch agencies. 63 FR
15273-15274 (March 31, 1998). In a branchwide issuance to designated
agency ethics officials, DAEOgram DO-99-014 (April 12, 1999), available
on OGE's Web site (http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.usoge.gov), OGE similarly explained that
the provisions of subchapter B that confer authority on executive
branch agencies confer sole and exclusive authority. In January 2002,
OGE reiterated this longstanding interpretation of subchapter B in
connection with a matter pending before another administrative body,
which in turn published the following decision taking note of the sole
and exclusive authority OGE has conferred on executive branch agencies:
59 FLRA No. 50 (2003).
In order to ensure consistent and uniform application of subchapter
B, OGE is issuing these final rule technical clarifying amendments,
effective November 2, 2007, which incorporate in subchapter B an
express regulatory statement regarding the sole and exclusive nature of
the authority that subchapter B confers on executive branch agencies.
Because this statement is applicable to all regulatory provisions in
subchapter B, the language OGE added to 5 CFR 2634.906 in its 1998
amendment is now redundant. Accordingly, OGE is also removing that
amended language from Sec. 2634.906, including the note thereto, and
reissuing that section as previously worded.
Finally, in accordance with section 402(b) of the Ethics in
Government Act and section 201 of E.O. 12674 as modified, OGE has
consulted with the Department of Justice and the Office of Personnel
Management on these final rule clarifying amendments.\
Matters of Regulatory Procedure
Administrative Procedure Act
These clarifying amendments to OGE's executive branchwide
regulations constitute interpretative rules that are exempt, pursuant
to 5 U.S.C. 553(b)(A), from the general procedures for notice of
proposed rulemaking and opportunity for public comment. The purpose of
the amendments is to clarify that the agencies concerned have sole and
exclusive authority to make specific ethics determinations as to their
employees. These amendments do not substantively change any existing
responsibilities.
Regulatory Flexibility Act
As Director of the Office of Government Ethics, I certify under the
Regulatory Flexibility Act (5 U.S.C. chapter 6) that this rulemaking
will not have a significant economic impact on a substantial number of
small entities because it primarily affects Federal executive branch
agencies and their employees.
Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply
because this amendatory rulemaking does not contain any information
collection requirements that require the approval of the Office of
Management and Budget.
Unfunded Mandates Reform Act
For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
chapter 25, subchapter II), this final rule, once finalized, will not
significantly or uniquely affect small governments and will not result
in increased expenditures by State, local, and tribal governments, in
the aggregate, or by the private sector, of $100 million or more (as
adjusted for inflation) in any one year.
Congressional Review Act
The Office of Government Ethics has determined that this rulemaking
involves a nonmajor rule under the Congressional Review Act (5 U.S.C.
chapter 8) and will submit a report thereon to the U.S. Senate, House
of Representatives and Government Accountability Office in accordance
with that law at the same time this rulemaking document is sent to the
Office of the Federal Register for publication in the Federal Register.
Executive Order 12866
In promulgating these technical amendments to its regulations, OGE
has adhered to the regulatory philosophy and the applicable principles
of regulation set forth in section 1 of Executive Order 12866,
Regulatory Planning and Review. These amendments have also been
reviewed by the Office of Management and Budget under that Executive
Order.
[[Page 56242]]
Moreover, in accordance with section 6(a)(3)(B) of E.O. 12866, the
preamble to these revisions notes the legal basis and benefits of, as
well as the need for, the regulatory action. There should be no
appreciable increase in costs to OGE or the executive branch of the
federal government in administering these regulatory amendments, since
the provisions only clarify OGE's original intent regarding sole and
exclusive agency authority under the executive branchwide government
ethics regulations. Finally, this rulemaking is not economically
significant under the Executive Order and will not interfere with
State, local or tribal governments.
Executive Order 12988
As Director of the Office of Government Ethics, I have reviewed
this final amendatory rulemaking in light of section 3 of Executive
Order 12988, Civil Justice Reform, and certify that it meets the
applicable standards provided therein.
List of Subjects
5 CFR Part 2634
Certificates of divestiture, Conflict of interests, Government
employees, Penalties, Reporting and recordkeeping requirements, Trusts
and trustees.
5 CFR Part 2638
Conflict of interests, Government employees, Reporting and
recordkeeping requirements.
Dated: September 21, 2007.
Robert I. Cusick,
Director, Office of Government Ethics.
0
For the reasons set forth in the preamble, the Office of Government
Ethics is amending parts 2634 and 2638 of subchapter B of chapter XVI
of title 5 of the Code of Federal Regulations as follows:
Title 5--Administrative Personnel
CHAPTER XVI--OFFICE OF GOVERNMENT ETHICS
SUBCHAPTER B--GOVERNMENT ETHICS
PART 2634--EXECUTIVE BRANCH FINANCIAL DISCLOSURE, QUALIFIED TRUSTS,
AND CERTIFICATES OF DIVESTITURE
0
1. The authority citation for part 2634 continues to read as follows:
Authority: 5 U.S.C. App. (Ethics in Government Act of 1978); 26
U.S.C. 1043; Pub. L. 101-410, 104 Stat. 890, 28 U.S.C. 2461 note
(Federal Civil Penalties Inflation Adjustment Act of 1990), as
amended by Sec. 31001, Pub. L. 104-134, 110 Stat. 1321 (Debt
Collection Improvement Act of 1996); E.O. 12674, 54 FR 15159, 3 CFR,
1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR,
1990 Comp., p. 306.
Subpart I--Confidential Financial Disclosure Reports
0
2. Section 2634.906 is amended by removing the note and revising the
regulatory text of the section to read as follows:
Sec. 2634.906 Review of confidential filer status.
The head of each agency, or an officer designated by the head of
the agency for that purpose, shall review any complaint by an
individual that his position has been improperly determined by the
agency to be one which requires the submission of a confidential
financial disclosure report pursuant to this subpart. A decision by the
agency head or designee regarding the complaint shall be final.
PART 2638--OFFICE OF GOVERNMENT ETHICS AND EXECUTIVE AGENCY ETHICS
PROGRAM RESPONSIBILITIES
0
3. The authority citation for part 2638 continues to read as follows:
Authority: 5 U.S.C. App. (Ethics in Government Act of 1978);
E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by
E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306.
Subpart A--General Provisions
0
4. Section 2638.101 is amended by adding a new paragraph (c) to read as
follows:
Sec. 2638.101 Authority and purpose.
* * * * *
(c) Agency authority. Subject only to the authority of the Office
of Government Ethics as the supervising ethics office for the executive
branch, all authority conferred on agencies in this subchapter B of
chapter XVI of title 5 of the Code of Federal Regulations is sole and
exclusive authority.
[FR Doc. E7-19470 Filed 10-2-07; 8:45 am]
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