[Federal Register Volume 64, Number 9 (Thursday, January 14, 1999)]
[Rules and Regulations]
[Pages 2421-2422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-769]
========================================================================
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
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 64, No. 9 / Thursday, January 14, 1999 /
Rules and Regulations
[[Page 2421]]
-----------------------------------------------------------------------
OFFICE OF GOVERNMENT ETHICS
5 CFR Parts 2634, 2635 and 2636
RINs 3209-AA00, 3209-AA04 and 3209-AA13
Corrections and Updating to Certain Regulations of the Office of
Government Ethics
AGENCY: Office of Government Ethics (OGE).
ACTION: Final rule; technical amendments.
-----------------------------------------------------------------------
SUMMARY: The Office of Government Ethics is correcting and updating
some of the sections of its executive branch regulations on financial
disclosure, standards of ethical conduct and outside employment
limitations.
EFFECTIVE DATE: January 14, 1999.
FOR FURTHER INFORMATION CONTACT: William E. Gressman, Senior Associate
General Counsel, Office of Government Ethics, telephone: 202-208-8000,
ext. 1110; TDD: 202-208-8025; FAX: 202-208-8037.
SUPPLEMENTARY INFORMATION:
The Office of Government Ethics is amending a few sections of its
executive branch ethics regulations on financial disclosure, standards
of ethical conduct (the Standards), and outside employment and
affiliations, as codified at 5 CFR parts 2634, 2635 and 2636. These
technical amendments correct a couple of typographical errors and make
some minor updates.
The updates include a revised citation in 5 CFR 2635.203 of the
Standards regulation to the new travel promotional materials and
frequent traveler programs regulation of the General Services
Administration (now codified at 41 CFR part 301-53). In addition, OGE
is adding the citation to the Foreign Agents Registration Act, as
codified at 22 U.S.C. 611 through 621, to paragraph (q) of
Sec. 2635.902 of the Standards, which references related statutes. The
Office of Government Ethics is also making a minor revision to the
first part of the citation in paragraph (o) of that section of the
Standards to the political activities restrictions in order to specify
the particular sections of 5 U.S.C. concerned (sections 7321 through
7326). Furthermore, OGE is amending the citation in paragraph (z) of
Sec. 2635.902 to one of the statutory prohibitions against disclosure
of classified information, now found at 50 U.S.C. 783(a) as
redesignated and somewhat revised.
In addition, OGE is updating references in the definition of
``covered noncareer employee'' in 5 CFR 2636.303(a) and Example 1
thereto to positions ``above GS-15'' in the General Schedule (or non-
General Schedule positions for which the rate of basic pay is equal to
or greater than 120 percent of the minimum rate of basic pay payable
for GS-15 of the General Schedule). In accordance with section 4(b) of
Pub. L. No. 102-378, which amended title V of the Ethics in Government
Act of 1978 (the Ethics Act), at 5 U.S.C. appendix, title V, and
consistent with section 101 (c) and (d) of the Federal Employees Pay
Comparability Act of 1990, section 529 of Pub. L. No. 101-509, at 5
U.S.C. 5376 note, these references replace the old references to the
now superseded ``GS-16, step 1'' General Schedule positions as the
threshold rate of basic pay for the application to certain noncareer
employees of the limitations on outside earned income, employment and
affiliations under title V of the Ethics Act. Finally, OGE is removing
from 5 CFR 2636.304(a)(4) an out-of-date reference to a prior Office of
Personnel Management regulation formerly codified at 5 CFR 305.601.
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 these minor corrections and updates.
The notice, comment and delayed effective date provisions are being
waived in part because these minor amendments concern matters of agency
organization, practice and procedure. Further, it is in the public
interest that correct and up-to-date information be contained in the
affected sections of OGE's regulations as soon as possible.
Executive Order 12866
In promulgating these minor 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.
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.
Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply
because this amendatory rulemaking does not contain information
collection requirements that require the approval of the Office of
Management and Budget.
List of Subjects
5 CFR Part 2634
Administrative practice and procedure, Certificates of divestiture,
Conflict of interests, Financial disclosure, Government employees,
Penalties, Privacy, Reporting and recordkeeping requirements, Trusts
and trustees.
5 CFR Part 2635
Conflict of interests, Executive branch standards of ethical
conduct, Government employees.
5 CFR Part 2636
Administrative practice and procedure, Conflict of interests,
Government employees, Penalties.
Approved: January 7, 1999.
Stephen D. Potts,
Director, Office of Government Ethics.
Accordingly, the Office of Government Ethics pursuant to its
authority under the Ethics in Government Act and Executive Order 12674,
as modified by E.O. 12731, is
[[Page 2422]]
amending and correcting 5 CFR parts 2634, 2635 and 2636 as follows:
PART 2634--[AMENDED]
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; 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. 2634.304 [Corrected]
2. Section 2634.304 is amended by removing the word ``proceding''
between the words ``the'' and ``statement'' in the last sentence of
paragraph (f)(3)(iii) and adding in its place the word ``preceding''.
Sec. 2634.904 [Corrected]
3. Section 2634.904 is amended by removing the word ``of'' between
the words ``industry'' and ``other'' in the last sentence of paragraph
(b) (before the examples) and adding in its place the word ``or''.
PART 2635--[AMENDED]
4. The authority citation for part 2635 continues to read as
follows:
Authority: 5 U.S.C. 7301, 7351, 7353; 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. 2635.207 [Amended]
5. Section 2635.203 is amended by removing the citation ``41 CFR
301-1.103(b) and (f)'' from the end of the last sentence of the Note
following paragraph (b)(7) and adding in its place the citation ``41
CFR part 301-53''.
6. Section 2635.902 is amended by removing the terms ``et seq.''
from the first part of the citation in paragraph (o) and adding in
their place the terms ``through 7326'', by removing the section
citation ``783(b)'' from the second statute cited in paragraph (z) and
adding in its place the section citation ``783(a)'', and by revising
paragraph (q) to read as follows:
Sec. 2635.902 Related statutes.
* * * * *
(q) The general prohibition (18 U.S.C. 219) against acting as the
agent of a foreign principal required to register under the Foreign
Agents Registration Act (22 U.S.C. 611 through 621).
* * * * *
PART 2636--[AMENDED]
7. The authority citation for part 2636 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.
8. Section 2636.303 is amended by removing the words ``set forth in
Sec. 305.601 of this title'' from paragraph (a)(4), by removing the two
references to ``GS-16, Step 1'' from Example 1 following the
undesignated text after paragraph (a)(4) and adding in their place in
each instance the reference ``a position above GS-15'', and by revising
the introductory text of paragraph (a) to read as follows:
Sec. 2636.303 Definitions.
* * * * *
(a) Covered noncareer employee means an employee, other than a
Special Government employee as defined in 18 U.S.C. 202, who occupies a
position classified above GS-15 of the General Schedule or, in the case
of positions not under the General Schedule, for which the rate of
basic pay is equal to or greater than 120 percent of the minimum rate
of basic pay payable for GS-15 of the General Schedule, and who is:
* * * * *
[FR Doc. 99-769 Filed 1-13-99; 8:45 am]
BILLING CODE 6345-01-U