[Federal Register Volume 68, Number 135 (Tuesday, July 15, 2003)]
[Rules and Regulations]
[Pages 41681-41683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17787]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 68, No. 135 / Tuesday, July 15, 2003 / Rules
and Regulations
[[Page 41681]]
OFFICE OF GOVERNMENT ETHICS
5 CFR Part 2600
RIN 3209-AA21
Updating Amendments to Office of Government Ethics Organization
and Functions Regulation
AGENCY: Office of Government Ethics (OGE).
ACTION: Final rule.
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SUMMARY: The Office of Government Ethics is updating its organization
and functions regulation. These amendments are necessary because of
organizational changes that have occurred within OGE since the
regulation was first published in 1990. In addition, OGE is making
other minor changes to improve the regulation and to make information
concerning OGE programs more readily available to the public and to
other Federal agencies.
EFFECTIVE DATE: July 15, 2003.
FOR FURTHER INFORMATION CONTACT: Elizabeth Horton, Attorney Advisor,
Office of Government Ethics; Telephone: 202-482-9300; TDD
(Telecommunications Device for the Deaf and Speech Impaired): 202-482-
9293; FAX: 202-482-9237.
SUPPLEMENTARY INFORMATION: In recent years, the Office of Government
Ethics has made several changes to its organizational structure. These
changes were made to improve OGE's internal agency operations, provide
more emphasis on its education programs, increase emphasis on its
annual and termination financial disclosure systems for Presidential
appointees confirmed by the Senate, and to expand many of the other
ethics program services that OGE provides to executive branch agencies.
Among these changes, OGE created a new Office of Agency Programs
(OAP) to replace the former Office of Program Assistance and Review.
OAP was later reorganized to include three divisions: the Education
Division, the Program Services Division, and the Program Review
Division.
Since OGE's organization and functions regulation was published in
1990, as codified at 5 CFR part 2600, OGE has also established the
Office of Government Relations and Special Projects (OGRSP). Over the
past several years, OGE has received requests from U.S. foreign policy-
making entities and has provided technical assistance through the OGRSP
to foreign governments and multinational organizations concerning
preventive programs (like OGE's) which are part of larger
anticorruption efforts.
The Office of Administration and Information Management (OAIM) was
added as a separate office within OGE due to the increased use of
information technology within OGE and by other Federal agencies in
fulfilling their respective missions. The OAIM assists OGE in its
continuing efforts to provide improved customer service, to persons
both within and outside the executive branch of the Federal Government.
Part 2600 is now being amended to reflect the addition of these
offices and to provide a short description of the functions of each.
The statement of the functions of the Office of the Director in
paragraph (b) of Sec. 2600.103 has been modified to reflect additional
responsibilities that have been acquired by the OGE Director since 1990
and to accommodate recent changes made to that office's organization.
Pursuant to Executive Order 12805, the Director serves as a member of
both the President's Council on Integrity and Efficiency (PCIE) and the
Executive Council on Integrity and Efficiency (ECIE). These councils
were established to coordinate and enhance Governmental efforts to
promote integrity and efficiency and to detect and prevent fraud,
waste, and abuse in Federal programs. The Director also serves,
pursuant to Executive Order 12993, as a member of the Integrity
Committee. This committee receives, reviews and refers for
investigation certain allegations of wrongdoing against Inspectors
General and certain staff members of the Inspector General's Offices.
The Director's responsibilities also include leading many of OGE's
outreach activities with private and nongovernmental sector entities.
These activities are designed to promote awareness of OGE and its
mission as well as to share ideas and best practices. We have amended
Sec. 2600.103 to reflect these new responsibilities.
Finally, other changes being made in part 2600 include providing
OGE's Internet Web site address, providing OGE's new main telephone
numbers, and updating the information in the section describing OGE's
history. Other minor changes were made to some section headings in this
part and to the regulation's language in a few places.
Matters of Regulatory Procedure
Administrative Procedure Act
Pursuant to 5 U.S.C. 553(b) and (d), as Director of the Office of
Government Ethics, I find good cause exists for waiving the general
notice of proposed rulemaking, opportunity for public comment, and 30-
day delay in effectiveness as to this regulatory revision. The notice,
comment and delayed effective date are being waived because this
regulation concerns matters of agency organization, practice and
procedure.
Executive Order 12866
In promulgating these amendments, 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 not been reviewed by the Office of Management and
Budget under that Executive order, since they are not deemed
``significant'' thereunder.
Executive Order 12988
As Director of the Office of Government Ethics, I have reviewed
this final amendatory regulation in light of section 3 of Executive
Order 12988, Civil Justice Reform, and certify that it meets the
applicable standards provided therein.
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.
[[Page 41682]]
Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply
because this rulemaking does not contain information collection
requirements that require the approval of the Office of Management and
Budget.
Congressional Review Act
The Office of Government Ethics has determined that this amendatory
rulemaking is 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 General Accounting 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.
List of Subjects in 5 CFR Part 2600
Conflict of interests, Government employees, Organization and
functions (Government agencies).
Approved: July 1, 2003.
Amy L. Comstock,
Director, Office of Government Ethics.
0
Accordingly, for the reasons set forth in the preamble, the Office of
Government Ethics is revising 5 CFR part 2600 to read as follows:
PART 2600--ORGANIZATION AND FUNCTIONS OF THE OFFICE OF GOVERNMENT
ETHICS
Sec.
2600.101 Mission and history.
2600.102 Contact information.
2600.103 Office of Government Ethics organization and functions.
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.
Sec. 2600.101 Mission and history.
(a) The Office of Government Ethics (OGE) was established by the
Ethics in Government Act of 1978, Public Law 95-521, 92 Stat. 1824
(1978). OGE exercises leadership in the executive branch of the Federal
Government to prevent conflicts of interest on the part of executive
branch employees and resolve those conflicts of interest that do occur.
In partnership with executive branch departments and agencies, OGE
fosters high ethical standards for executive branch employees which, in
turn, strengthens the public's confidence that the Government's
business is conducted with impartiality and integrity.
(b) Originally an entity within the Office of Personnel Management,
OGE became a separate executive branch agency on October 1, 1989,
pursuant to section 3 of the Office of Government Ethics
Reauthorization Act of 1988, Public Law 100-598, 102 Stat. 3031 (1988).
OGE is the supervising ethics office for all executive branch officers
and employees pursuant to the Ethics Reform Act of 1989, Public Law
101-194, 103 Stat. 1716 (1989), as amended by Public Law 101-280, 104
Stat. 149 (1990). Additionally, OGE has various responsibilities under
Executive Order 12674 of April 12, 1989, ``Principles of Ethical
Conduct for Government Officers and Employees'' (3 CFR, 1989 Comp., pp.
215-218), as modified by Executive Order 12731 of October 17, 1990 (3
CFR, 1990 Comp., pp. 306-311).
Sec. 2600.102 Contact information.
(a) Address. The Office of Government Ethics is located at 1201 New
York Avenue, NW., Suite 500, Washington, DC 20005-3917. OGE does not
have any regional offices.
(b) Web site. Information about OGE and its role in the executive
branch ethics program as well as copies of publications that have been
developed for training, educational and reference purposes are
available electronically on OGE's Internet Web site (http://www.usoge.gov). The Web site has copies of various Executive orders,
statutes, and regulations that together form the basis for the
executive branch ethics program. The site also contains ethics advisory
opinions and letters published by OGE, as well as other information
pertinent to the Office.
(c) Telephone numbers. OGE's main telephone number is 202-482-9300.
Persons who are deaf or speech impaired may contact OGE at the
following TDD (Telecommunications Device for the Deaf and Speech
Impaired) number: 202-482-9293. The main OGE FAX number is 202-482-
9237.
Sec. 2600.103 Office of Government Ethics organization and functions.
(a) The Office of Government Ethics is divided into the following
offices:
(1) The Office of the Director;
(2) The Office of General Counsel and Legal Policy;
(3) The Office of Government Relations and Special Projects;
(4) The Office of Agency Programs; and
(5) The Office of Administration and Information Management.
(b) Office of the Director. The Director of the Office of
Government Ethics is appointed by the President and confirmed by the
Senate. The Director advises the White House and executive branch
Presidential appointees on Government ethics matters; maintains a
liaison and provides guidance on ethics to executive branch departments
and agencies; and oversees and coordinates all OGE rules, regulations,
formal advisory opinions and major policy decisions. The Director also
serves as a member of the President's Council on Integrity and
Efficiency; the Executive Council on Integrity and Efficiency; the
Integrity Committee; and on such other boards, councils, and committees
as may be required by statute, Executive order or regulation. The
Director represents the agency in various public outreach initiatives.
(c) Office of General Counsel and Legal Policy. (1) The Office of
General Counsel and Legal Policy develops regulations and legislative
proposals pertaining to conflict of interest statutes and standards of
ethical conduct applicable to executive branch officers and employees,
and executive branch public and confidential financial disclosure
requirements. In addition, this Office provides advice and counseling
to agency ethics officials through formal and informal advisory
opinions, policy memoranda, and consultations. This Office also manages
OGE's review and certification of financial disclosure reports filed by
persons nominated by the President for positions requiring Senate
confirmation; oversees the creation and operation of qualified and
blind trusts and the issuance of certificates of divestiture; and
responds to press inquiries.
(2) The General Counsel is the principal deputy of the Director of
OGE.
(d) Office of Government Relations and Special Projects. The Office
of Government Relations and Special Projects provides liaison to the
Office of Management and Budget and to the Congress regarding
legislative matters, coordinates OGE's support of U.S. Government
efforts concerning international anticorruption and ethics initiatives,
and is responsible for certain OGE special projects.
(e) Office of Agency Programs. (1) The Office of Agency Programs
provides services to, and monitors, Federal executive branch agency
ethics programs through three divisions: the Education Division, the
Program Services Division, and the Program Review Division.
(i) The Education Division develops ethics-related, instructor-led
and Web-based training programs for executive agency ethics officials.
The division also develops training for ethics officials to deliver to
their employees. The division conducts annual surveys to determine the
training needs of ethics officials and
[[Page 41683]]
tailors its program to address those needs.
(ii) The Program Services Division is OGE's primary liaison to
ethics officials in executive branch departments and agencies. Through
its desk officers, the division assists ethics officials in developing,
maintaining and improving all systems within their ethics programs. The
division also discloses upon proper request copies of public financial
disclosure reports that are filed with OGE, collects semiannual reports
of payments accepted under 31 U.S.C. 1353, and works closely with
ethics officials to ensure that annual and termination public financial
disclosure reports and ethics agreements comply with ethics laws and
regulations.
(iii) The Program Review Division monitors compliance with
executive branch ethics laws and regulations in executive branch
departments and agencies, regional offices, and military bases through
on-site ethics program reviews. Reviews are conducted to identify and
report strengths and weaknesses of agency ethics programs according to
an annual program plan.
(2) In addition to the functions performed by its three divisions,
the Office of Agency Programs holds an annual ethics conference and
collects annual reports concerning certain aspects of agency ethics
programs.
(f) Office of Administration and Information Management. The Office
of Administration and Information Management provides support to all
OGE operating programs through two divisions: The Administration
Division and the Information Resources Management Division.
(1) The Administration Division is responsible for personnel,
payroll, fiscal resource management, travel, procurement, and the
publishing and printing of materials.
(2) The Information Resources Management Division is responsible
for telecommunications, graphics, records management, program
management of information, and Web site technologies.
[FR Doc. 03-17787 Filed 7-14-03; 8:45 am]
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