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, 56241-56242 [E7-19470]

Agencies

• Office of Government Ethics
• Government Ethics Office

[Federal Register Volume 72, Number 191 (Wednesday, October 3, 2007)]
[Rules and Regulations]
[Pages 56241-56242]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19470]



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Federal Register / Vol. 72, No. 191 / Wednesday, October 3, 2007 / 
Rules and Regulations

[[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.

-----------------------------------------------------------------------

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 (https://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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