Unified Agenda
5 CFR Ch. XVI
AGENCY:
Office of Government Ethics.
ACTION:
Semiannual regulatory agenda.
SUMMARY:
The following Office of Government Ethics (OGE) substantive and procedural regulations are scheduled for development or review during the period from October 1, 2001 through September 30, 2002. This agenda fulfills OGE's responsibility to publish a semiannual regulatory agenda under Executive Order 12866, Regulatory Planning and Review, and has been prepared in accordance with guidance received from the Office of Management and Budget. None of the OGE regulations in this agenda will have a significant economic impact on a substantial number of small entities as defined under the Regulatory Flexibility Act, 5 U.S.C. chapter 6. In addition, none of the listed OGE regulatory actions is procurement-related. Furthermore, the Office of Government Ethics' rulemakings are not included in the Regulatory Plan that is published each fall.
This publication in the Federal Register does not impose a binding obligation on the Office of Government Ethics with respect to any particular item on its agenda. The dates shown for the future steps of each action are estimates and not commitments to act by the date shown. Moreover, other OGE regulatory actions, in addition to the entries listed, are not precluded.
FOR FURTHER INFORMATION CONTACT:
William E. Gressman, Senior Associate General Counsel, Office of Government Ethics, Suite 500, 1201 New York Avenue NW., Washington, DC 20005-3917; Telephone: (202) 208-8000, ext. 1110; TDD: (202) 208-8025; Fax: (202) 208-8037.
Approved: September 21, 2001.
Amy L. Comstock, Director, Office of Government Ethics.
| Office of Government Ethics—Proposed Rule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 3890 | Office of Government Ethics Gift Acceptance Authority and Organizational Update | 3209-AA21 |
| 3891 | Privacy Act Rules of the Office of Government Ethics | 3209-AA18 |
| 3892 | Testimony by OGE Employees and Production of Official Records in Legal Proceedings | 3209-AA23 |
| 3893 | Interpretation of 18 U.S.C. 209, the Constraint Against Private Supplementation of Salaries of Executive Branch Officials and Employees | 3209-AA12 |
| Office of Government Ethics—Final Rule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 3894 | Executive Branch Financial Disclosure, Qualified Trusts, and Certificates of Divestiture | 3209-AA00 |
| 3895 | Standards of Ethical Conduct for Employees of the Executive Branch | 3209-AA04 |
| 3896 | Limitations on Outside Earned Income, Employment and Affiliations for Certain Noncareer Employees | 3209-AA13 |
| 3897 | Executive Agency Ethics Training Programs | 3209-AA07 |
| 3898 | Interpretation, Exemptions, and Waiver Guidance Concerning 18 U.S.C. 208 (Acts Affecting a Personal Financial Interest) | 3209-AA09 |
| 3899 | Post-Employment Conflict of Interest Restrictions | 3209-AA14 |
| Office of Government Ethics—Long-Term Actions | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 3900 | Executive Agency Supplemental Standards of Ethical Conduct Regulations Issued Jointly With the Concurrence of the Office of Government Ethics | 3209-AA15 |
3890. OFFICE OF GOVERNMENT ETHICS GIFT ACCEPTANCE AUTHORITY AND ORGANIZATIONAL UPDATE
Agency:
Office of Government Ethics (OGE)
Priority:
Other Significant
Legal Authority:
5 USC app, Ethics in Government Act of 1978
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
5 CFR 2600
Legal Deadline:
None
Abstract:
This regulation will implement the agency gift acceptance authority of the Office of Government Ethics as set forth in the 1996 OGE Authorization Act. In addition, various provisions of OGE's part 2600 organization and functions regulation will be updated to reflect changes in OGE's organizational structure. This regulation will be written in "plain language."
| Action | Date | FR Cite |
| NPRM | 05/00/02 | |
| NPRM Comment Period End | 07/00/02 |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
Federal
Agency Contact:
James P. O'Sullivan, Associate General Counsel, Office of Government Ethics, Suite 500, 1201 New York Avenue NW., Washington, DC 20005-3917
Phone: 202 208-8000
TDD Phone: 202 208-8025
Fax: 202 208-8037
RIN:
3209-AA21
3891. PRIVACY ACT RULES OF THE OFFICE OF GOVERNMENT ETHICS
Agency:
Office of Government Ethics (OGE)
Priority:
Other Significant
Legal Authority:
5 USC 552a; 5 USC app, Ethics in Government Act of 1978
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
5 CFR 2606 (New)
Legal Deadline:
None
Abstract:
This proposed rule would establish for the Office of Government Ethics (OGE) regulatory procedures to implement the Privacy Act of 1974, including requests for access and amendment and appeals, and would reference certain OGE systems of records (which will also be updated and revised).
| Action | Date | FR Cite |
| NPRM | 01/00/02 | |
| NPRM Comment Period End | 03/00/02 |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
Federal
Agency Contact:
Elaine Newton, Attorney Advisor, Office of Government Ethics, Suite 500, 1201 New York Avenue NW., Washington, DC 20005-3917
Phone: 202 208-8000
TDD Phone: 202 208-8025
Fax: 202 208-8037
RIN:
3209-AA18
3892. TESTIMONY BY OGE EMPLOYEES AND PRODUCTION OF OFFICIAL RECORDS IN LEGAL PROCEEDINGS
Agency:
Office of Government Ethics (OGE)
Priority:
Other Significant
Legal Authority:
5 USC app, Ethics in Government Act of 1978
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
5 CFR 2608 (New)
Legal Deadline:
None
Abstract:
This proposed rule would set forth proposed OGE procedures for responding to subpoenas and other requests and demands for testimony by OGE employees and documentary production relating to official OGE information and records (Touhy regulations).
| Action | Date | FR Cite |
| NPRM | 09/24/01 | 66 FR 48824 |
| NPRM Comment Period End | 11/23/01 |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
Federal
Agency Contact:
William E. Gressman, Senior Associate General Counsel, Office of Government Ethics, Suite 500, 1201 New York Avenue NW., Washington, DC 20005-3917
Phone: 202 208-8000
TDD Phone: 202 208-8025
Fax: 202 208-8037
RIN:
3209-AA23
3893. INTERPRETATION OF 18 U.S.C. 209, THE CONSTRAINT AGAINST PRIVATE SUPPLEMENTATION OF SALARIES OF EXECUTIVE BRANCH OFFICIALS AND EMPLOYEES
Agency:
Office of Government Ethics (OGE)
Priority:
Other Significant
Legal Authority:
5 USC app, Ethics in Government Act of 1978; EO 12674; EO 12731; 18 USC 209
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
5 CFR 2639 (New)
Legal Deadline:
None
Abstract:
Proposed regulation to interpret section 209 of title 18, U.S. Code, prohibiting the private supplementation of the Government salary of executive branch officers and employees. This regulation is being written in "plain language."
| Action | Date | FR Cite |
| NPRM | 02/00/02 | |
| NPRM Comment Period End | 04/00/02 |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
Federal
Agency Contact:
Andrew Falcon, Associate General Counsel, Office of Government Ethics, 1201 New York Avenue NW., Washington, DC 20005-3917
Phone: 202 208-8000
TDD Phone: 202 208-8025
Fax: 202 208-8037
RIN:
3209-AA12
3894. EXECUTIVE BRANCH FINANCIAL DISCLOSURE, QUALIFIED TRUSTS, AND CERTIFICATES OF DIVESTITURE
Agency:
Office of Government Ethics (OGE)
Priority:
Other Significant
Legal Authority:
5 USC app (Ethics in Government Act of 1978); EO 12674; EO 12731; 26 USC 1043; 28 USC 2461 note; PL 101-410; PL 104-134, sec 31001
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
5 CFR 2634
Legal Deadline:
None
Abstract:
Regulation revising the executive branch public and confidential financial disclosure report systems for high-level officials and certain mid-level employees, respectively, in light of the changes to the Ethics in Government Act effected by the Ethics Reform Act of 1989 (Pub. L. 101-194), as amended. These disclosure provisions apply to public reports filed since January 1, 1991. Subpart I of the regulation, effective October 5, 1992, superseded prior executive branchwide and agency-specific regulations and established a revised system of confidential reporting, modeled generally on the public reporting system, for executive branch agency mid-level employees with sensitive duties and special Government employees. This regulation also has a subpart dealing with certificates of divestiture.
| Action | Date | FR Cite |
| NPRM | 12/02/86 | 51 FR 43359 |
| Interim Final Rule | 04/07/92 | 57 FR 11800 |
| Correction | 05/22/92 | 57 FR 21854 |
| Correction | 12/31/92 | 57 FR 62605 |
| Revised Interim Final Rule | 07/21/93 | 58 FR 38911 |
| Proposed Amendment to Interim Final Rule | 09/01/93 | 58 FR 46096 |
| Technical Amendments to Interim Final Rule | 11/30/93 | 58 FR 63023 |
| Technical (Paperwork) Amendments to Interim Final Rule | 07/07/94 | 59 FR 34755 |
| Proposed Amendments-Certificates of No New Interests for Confidential Filers | 01/15/97 | 62 FR 2048 |
| Final Amendment-Certificates of No New Interests for Confidential Filers | 06/24/97 | 62 FR 33972 |
| Updating Amendment to Part 2634 | 09/17/97 | 62 FR 48746 |
| Clarifying Amendment to Section 2634.906 | 03/31/98 | 63 FR 15273 |
| Minor Amdt. to Part 2634 (Transfer of Inactive in Lieu of Honoraria Charitable Paymts. Reporting) | 08/12/98 | 63 FR 43067 |
| Paperwork Revisions to Appendixes A, B, and C | 11/02/98 | 63 FR 58619 |
| Technical Amendments to Part 2634 | 12/18/98 | 63 FR 69991 |
| Technical Corrections to Part 2634 | 01/14/99 | 64 FR 2421 |
| Proposed Gifts Reporting Waiver Amendments | 05/13/99 | 64 FR 25849 |
| Inflation Adjustments to Civil Monetary Penalties as Reflected in Part 2634 | 08/30/99 | 64 FR 47095 |
| Final Gifts Reporting Waiver Amendments | 09/14/99 | 64 FR 49639 |
| Technical Amendments to Categories of Value Reporting and Gifts/ Reimbursements Thresholds | 11/20/00 | 65 FR 69655 |
| Final Rule Amendment to Confer Additional Agency Confidential Report Filing Extension Authority | 11/05/01 | 66 FR 55871 |
| Final Rule Amendment to Clarify OGE Intent on Sole & Exclusive Agency Authority Conferred Under Reg. | 03/00/02 | |
| Proposed Certificates of Divestiture Revisions (Subpart J) | 07/00/02 | |
| Final Action | 12/00/02 |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
Federal
Agency Contact:
William E. Gressman, Senior Associate General Counsel, Office of Government Ethics, Suite 500, 1201 New York Avenue NW., Washington, DC 20005-3917
Phone: 202 208-8000
TDD Phone: 202 208-8025
Fax: 202 208-8037
RIN:
3209-AA00
3895. STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE EXECUTIVE BRANCH
Agency:
Office of Government Ethics (OGE)
Priority:
Other Significant
Legal Authority:
5 USC 7301; 5 USC 7351; 5 USC 7353; 5 USC app, Ethics in Government Act of 1978; EO 12674; EO 12731
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
5 CFR 2635
Legal Deadline:
None
Abstract:
Regulation implementing certain provisions of E.O. 12674 on Principles of Ethical Conduct, as modified by E.O. 12731, and the Ethics Reform Act of 1989 (Pub. L. 101-194), as amended. Effective February 3, 1993, this ethical conduct standards regulation generally superseded executive branch employee conduct and gifts rules, as well as pertinent portions of agency-specific conduct regulations issued under prior E.O. 11222. For certain existing agency regulatory standards setting forth financial interest prohibitions and prior approval for outside employment/activities, an extended grace period was in effect until November 1, 1996, or until individual concerned agencies issued supplemental regulations, with Office of Government Ethics concurrence.
| Action | Date | FR Cite |
| NPRM | 07/23/91 | 56 FR 33778 |
| NPRM Comment Period End | 09/20/91 | |
| Final Overall Regulation on Standards of Ethical Conduct | 08/07/92 | 57 FR 35006 |
| Correction | 10/27/92 | 57 FR 48557 |
| Correction | 11/04/92 | 57 FR 52583 |
| 5 CFR 2635.403(a) and 2635.803 Grace Period Extension | 02/02/94 | 59 FR 4779 |
| Additional 5 CFR 2635.403(a) and 2635.803 Grace Period Extension | 02/02/95 | 60 FR 6390 |
| NPRM on Widely Attended Gatherings | 06/15/95 | 60 FR 31415 |
| Minor Correction to One Citation | 10/03/95 | 60 FR 51667 |
| Further 5 CFR 2635.403(a) and 2635.803 Grace Period Extension | 12/27/95 | 60 FR 66857 |
| Further Additional 5 CFR 2635.403(a) and 2635.803 Grace Period Extension | 08/07/96 | 61 FR 40950 |
| Final Rule on Widely Attended Gatherings | 08/20/96 | 61 FR 42965 |
| Correction to Final Rule on Widely Attended Gatherings | 09/16/96 | 61 FR 48733 |
| Interim Rule on Gifts From Political Organizations | 09/27/96 | 61 FR 50689 |
| Final Rule on Gifts From Political Organizations | 03/17/97 | 62 FR 12531 |
| Updating Amendments to Part 2635 | 09/17/97 | 62 FR 48746 |
| Proposed Amendments Re: Gifts (Subpart B) | 08/04/98 | 63 FR 41476 |
| Further Minor Proposed Amendments to Part 2635 / Seeking Employment and Outside Activities | 08/26/98 | 63 FR 45415 |
| Amendments to Subpart B Gifts From Outside Sources | 12/18/98 | 63 FR 69992 |
| Technical Corrections to Part 2635 | 01/14/99 | 64 FR 2421 |
| Final Amendments to Part 2635 / Seeking Employment and Outside Activities | 03/17/99 | 64 FR 13063 |
| Interim Rule on Travel Expenses for Certain Unofficial Teaching, Speaking and Writing | 09/05/00 | 65 FR 53650 |
| Correction | 09/12/00 | 65 FR 55076 |
| Final Technical Amendment to Nonsponsor Widely Attended Gathering Gift Dollar Ceiling | 11/20/00 | 65 FR 69655 |
| Final Rule on Travel Expenses for Certain Unofficial Teaching, Speaking and Writing | 11/00/01 | |
| Final Rule Amendment to Clarify OGE Intent on Sole & Exclusive Agency Authority Conferred Under Reg. | 03/00/02 |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
Federal
Agency Contact:
William E. Gressman, Senior Associate General Counsel, Office of Government Ethics, Suite 500, 1201 New York Avenue NW., Washington, DC 20005-3917
Phone: 202 208-8000
TDD Phone: 202 208-8025
Fax: 202 208-8037
RIN:
3209-AA04
3896. LIMITATIONS ON OUTSIDE EARNED INCOME, EMPLOYMENT AND AFFILIATIONS FOR CERTAIN NONCAREER EMPLOYEES
Agency:
Office of Government Ethics (OGE)
Priority:
Other Significant
Legal Authority:
5 USC app, Ethics in Government Act of 1978; EO 12674; EO 12731; 28 USC 2461 note; PL 101-410; PL 104-134, sec 31001
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
5 CFR 2636
Legal Deadline:
None
Abstract:
The regulation had, in pertinent part, implemented, effective January 1, 1991, the prohibition on honoraria (now declared unconstitutional by the courts as to most rank and file executive branch employees and hence determined to be eviscerated as to all other Federal employees by the Office of Legal Counsel of the Justice Department). In addition, the regulation continues to implement the limitation on outside employment as provided in the 1989 Ethics Reform Act revisions to the Ethics in Government Act, as amended. The regulation has now been amended in light of the above-noted litigation and other pertinent developments.
| Action | Date | FR Cite |
| Interim Final Rule | 01/17/91 | 56 FR 1721 |
| Deferral of Effective Date of 5 CFR 2636.205 | 05/10/91 | 56 FR 21589 |
| Additional Deferral of Effective Date of 5 CFR 2636.205 | 10/11/91 | 56 FR 51319 |
| Revision of Honorarium Definition in 5 CFR 2636.203(a) | 01/08/92 | 57 FR 601 |
| Further Deferral of Effective Date of 5 CFR 2636.205 | 02/14/92 | 57 FR 5369 |
| Technical Correction to Interim Final Rule | 12/30/93 | 58 FR 69176 |
| Technical (Paperwork) Amendments to Interim Final Rule | 07/07/94 | 59 FR 34755 |
| Removal of Subpart B of Part 2636 | 08/12/98 | 63 FR 43067 |
| Technical Corrections to Part 2636 | 01/14/99 | 64 FR 2421 |
| Inflation Adjustment to Civil Monetary Penalty As Reflected in Part 2636 | 08/30/99 | 64 FR 47095 |
| Final Rule Amendment to Clarify OGE Intent on Sole & Exclusive Agency Authority Conferred Under Reg. | 03/00/02 | |
| Final Action | 06/00/02 |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
Federal
Agency Contact:
William E. Gressman, Senior Associate General Counsel, Office of Government Ethics, Suite 500, 1201 New York Avenue NW., Washington, DC 20005-3917
Phone: 202 208-8000
TDD Phone: 202 208-8025
Fax: 202 208-8037
RIN:
3209-AA13
3897. EXECUTIVE AGENCY ETHICS TRAINING PROGRAMS
Agency:
Office of Government Ethics (OGE)
Priority:
Other Significant
Legal Authority:
5 USC app, Ethics in Government Act of 1978; EO 12674; EO 12731
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
5 CFR 2638.701 to 2638.704
Legal Deadline:
None
Abstract:
Regulation specifying the responsibilities of executive branch agencies and their designated agency ethics officials to develop and implement orientation and annual ethics training courses and to distribute appropriate guidance materials to their employees under section 301(b) and (c) of E.O. 12674, as modified by E.O. 12731. The Office of Government Ethics is rewriting the entire training regulation in "plain language."
| Action | Date | FR Cite |
| NPRM | 09/18/90 | 55 FR 38335 |
| NPRM Comment Period End | 11/17/90 | |
| Final Rule on Executive Agency Ethics Training Programs | 04/07/92 | 57 FR 11886 |
| Correction | 04/27/92 | 57 FR 15219 |
| Amendment | 12/10/92 | 57 FR 58399 |
| Correction | 12/28/92 | 57 FR 61612 |
| Interim Amendments to Liberalize Certain Training Requirements | 03/16/94 | 59 FR 12145 |
| Interim Final Rule Comment Period End | 05/16/94 | |
| Interim Amendments to Refine Certain Training Requirements | 03/12/97 | 62 FR 11307 |
| Correction to Interim Training Reg. Amendments | 03/19/97 | 62 FR 13213 |
| Correction to Interim Training Reg. Amendments | 03/27/97 | 62 FR 14737 |
| Interim Amendments to Refine Certain Training Requirements Comment Period End | 04/11/97 | 62 FR 11307 |
| Most Interim Amendments to Refine Certain Training Requirements Effective | 06/10/97 | 62 FR 13213 |
| Interim Amendment to Rewrite Regulation in "Plain Language" and Restructure Its Provisions | 02/14/00 | 65 FR 7275 |
| Final Amendment to Rewrite Regulation in "Plain Language" and Restructure Its Provisions | 02/00/02 | |
| Final Rule Amendment to Clarify OGE Intent on Sole & Exclusive Agency Authority Conferred Under Reg. | 03/00/02 |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
Federal
Agency Contact:
Barbara A. Mullen-Roth, Associate Director for Education and Program Services, Office of Government Ethics, 1201 New York Avenue NW., Washington, DC 20005-3917
Phone: 202 208-8000
TDD Phone: 202 208-8025
Fax: 202 208-8037
RIN:
3209-AA07
3898. INTERPRETATION, EXEMPTIONS, AND WAIVER GUIDANCE CONCERNING 18 U.S.C. 208 (ACTS AFFECTING A PERSONAL FINANCIAL INTEREST)
Agency:
Office of Government Ethics (OGE)
Priority:
Other Significant
Legal Authority:
5 USC app, Ethics in Government Act of 1978; EO 12674; EO 12731; 18 USC 208
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
5 CFR 2640
Legal Deadline:
None
Abstract:
This regulation interprets section 208(a) of title 18, U.S. Code, which prohibits officers and employees of the executive branch from officially participating personally and substantially in a particular matter in which there is a personal financial interest or a financial interest of a related person or organization (absent a waiver or exemption under 18 U.S.C. 208(b)). It also lists and describes interests considered too remote or too inconsequential to affect the integrity of the services of executive branch officers or employees, in accordance with 18 U.S.C. 208(b)(2). Such interests are exempt from the restrictions of 18 U.S.C. 208(a), generally requiring disqualification. The regulation also provides guidance to executive branch agencies as to the kinds of interests that are not so substantial as to be deemed likely to affect the integrity of the services the Government may expect from an employee and which, therefore, may be waived from the general rule of disqualification under 18 U.S.C. 208(a), pursuant to 18 U.S.C. 208(b)(1). In addition, guidance is provided concerning the issuance of waivers to special Government employee advisory committee members, pursuant to 18 U.S.C. 208(b)(3). A separate interim final rule, published in 1995 exempting certain financial interests arising from Federal Government executive branch employment as well as from Social Security or veterans' benefits from the general prohibition in section 208(a), was incorporated in the overall final rule. A set of additional exemptions is now under consideration.
| Action | Date | FR Cite |
| Govt. Interests and Social Security and Veterans' Benefits Exemptions Interim Final Rule | 08/28/95 | 60 FR 44706 |
| Overall NPRM | 09/11/95 | 60 FR 47208 |
| Overall NPRM Comment Period End | 11/13/95 | |
| Overall Final Rule | 12/18/96 | 61 FR 66830 |
| Correction | 01/09/97 | 62 FR 1361 |
| Overall Final Rule Effective | 01/17/97 | |
| Correction | 04/29/97 | 62 FR 23127 |
| Interim Census Exemption Amendment | 03/29/00 | 65 FR 16511 |
| Final Census Exemption Amendment | 08/04/00 | 65 FR 47830 |
| Proposed Additional Exemption Amendments | 09/06/00 | 65 FR 53942 |
| Proposed Amendments Comment Period End | 12/05/00 | |
| Final Additional Exemption Amendments | 12/00/01 | |
| Final Rule Amendment to Clarify OGE Intent on Sole & Exclusive Agency Authority Conferred Under Reg. | 03/00/02 |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
Federal
Agency Contact:
Richard M. Thomas, Associate General Counsel, Office of Government Ethics, 1201 New York Avenue NW., Washington, DC 20005-3917
Phone: 202 208-8000
TDD Phone: 202 208-8025
Fax: 202 208-8037
RIN:
3209-AA09
3899. POST-EMPLOYMENT CONFLICT OF INTEREST RESTRICTIONS
Agency:
Office of Government Ethics (OGE)
Priority:
Other Significant
Legal Authority:
5 USC app, Ethics in Government Act of 1978; EO 12674; EO 12731; 18 USC 207
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
5 CFR 2641; 5 CFR 2637 (Continuation)
Legal Deadline:
None
Abstract:
Interpretive regulation giving guidance for the executive branch on the various substantive restrictions of the current version of the post-Government employment conflict of interest statute 18 U.S.C. 207, which became effective January 1, 1991, pursuant to title I of the Ethics Reform Act of 1989 (Pub. L. 101-194), as amended. Parts of the regulation, dealing with procedures for waivers by the Office of Government Ethics of certain senior official constraints (based on executive agency hardship), designated senior employees, and separate agency designations, have already been published in the Federal Register; such designations are periodically updated by the Office of Government Ethics. The Office of Government Ethics also has continued to publish in the CFR the interpretive regulation, 5 CFR part 2637 (but now without the no-longer-effective former Senior Employee and old agency component designation listings), under the lifetime bar of the prior version of the post-employment law which still applies to executive branch employees who left the Government before January 1, 1991. Once a complete current post-employment law final regulation is published, the old part 2637 regulation will be removed from the CFR.
| Action | Date | FR Cite |
| Interim Final Rule for One-Year Restriction of Section 207(c) | 02/01/91 | 56 FR 3951 |
| Designation of Senior Employees and Separate Agency Components | 01/28/92 | 57 FR 3115 |
| Designation of Additional Separate Agency Component | 04/07/92 | 57 FR 11673 |
| Amendment to Prior Post-Employment Regulation (Part 2637) | 12/31/92 | 57 FR 62467 |
| Amendment to Interim Final Rule (Part 2641) | 06/21/93 | 58 FR 33755 |
| Technical Amendment to Authority Citation of 5 CFR Part 2637 | 12/30/93 | 58 FR 69176 |
| Technical Amendments to Interim Final Rule | 07/07/94 | 59 FR 34755 |
| Exempted Senior Employee and Agency Separate Component Designation Update | 05/16/97 | 62 FR 26915 |
| Correction: Post-Employment Reg. Update | 06/11/97 | 62 FR 31865 |
| Agency Separate Component Designation Update | 02/05/99 | 64 FR 5709 |
| Agency Separate Component Designation Update Final Rule | 12/00/01 | |
| Final Rule Amendment to Clarify OGE Intent on Sole & Exclusive Agency Authority Conferred Under Reg. | 03/00/02 | |
| Overall NPRM | 03/00/02 | |
| Overall NPRM Comment Period End | 06/00/02 |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
Federal
Agency Contact:
Richard M. Thomas, Associate General Counsel, Office of Government Ethics, 1201 New York Avenue NW., Washington, DC 20005-3917
Phone: 202 208-8000
TDD Phone: 202 208-8025
Fax: 202 208-8037
RIN:
3209-AA14
3900. EXECUTIVE AGENCY SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT REGULATIONS ISSUED JOINTLY WITH THE CONCURRENCE OF THE OFFICE OF GOVERNMENT ETHICS
Agency:
Office of Government Ethics (OGE)
Priority:
Substantive, Nonsignificant
Legal Authority:
5 USC 7301; 5 USC app, Ethics in Government Act of 1978; EO 12674; EO 12731; 5 CFR 2635.105
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
5 CFR 2635; 5 CFR ch XXI et seq
Legal Deadline:
None
Abstract:
The supplemental executive agency standards of ethical conduct regulations, once issued jointly with the concurrence of the Office of Government Ethics (OGE) at agency expense in new chapters at the end of 5 CFR, after OGE approval, supplement for each individual agency concerned the OGE executive branch standards of ethical conduct, as codified at 5 CFR part 2635. The supplemental regulations, as they are issued in accordance with sections 201(a) and 301(a) of E.O. 12674, as modified by E.O. 12731, set forth those agency-specific provisions under applicable law and regulation, such as regulatory restrictions on holding certain financial interests, designation of subunits and prior approval for outside employment, which are needed for certain agencies to round out the executive branchwide ethical standards for their employees.
| Action | Date | FR Cite |
| FTC Employees (5 CFR Ch. XLVII) Interim Final Rule | 05/27/93 | 58 FR 30695 |
| OPIC Employees (5 CFR Ch. XXXIII) Interim Final Rule | 06/17/93 | 58 FR 33319 |
| Treasury Employees (5 CFR Ch. XXI) NPRM | 08/03/93 | 58 FR 41193 |
| ICC Employees (5 CFR Ch. XL) Final Rule | 08/06/93 | 58 FR 41989 |
| PRC Employees (5 CFR Ch. XLVI) Final Rule | 08/12/93 | 58 FR 42839 |
| DoD Employees (5 CFR Ch. XXVI) Interim Final Rule | 09/10/93 | 58 FR 47619 |
| CFTC Employees (5 CFR Ch. XLI) Final Rule | 10/12/93 | 58 FR 52637 |
| IAF Employees (5 CFR Ch. LXIII) Final Rule | 01/27/94 | 59 FR 3771 |
| 5 CFR 2635.403(a) and 2635.803 Grace Period Extension (by OGE) | 02/02/94 | 59 FR 4779 |
| NRC Employees (5 CFR Ch. XLVIII) Final Rule | 04/13/94 | 59 FR 17457 |
| FDIC Employees (5 CFR Ch. XXII) NPRM | 07/12/94 | 59 FR 35480 |
| NASA Employees (5 CFR Ch. LIX) | 09/28/94 | 59 FR 49335 |
| FRTIB Employees (5 CFR Ch. LXXIV) | 10/06/94 | 59 FR 50816 |
| Education Employees (5 CFR Ch. LIII) | 01/30/95 | 60 FR 5816 |
| Additional 5 CFR 2635.403(a) and 2635.803 Grace Period Extension (by OGE) | 02/02/95 | 60 FR 6390 |
| OMB Employees (5 CFR Ch. LXXVII) Final Rule | 03/07/95 | 60 FR 12396 |
| USPS Employees (5 CFR Ch. LX) | 03/27/95 | 60 FR 15700 |
| Eximbank Employees (5 CFR Ch. LII) | 04/07/95 | 60 FR 17625 |
| FDIC Employees (5 CFR Ch. XXII) | 04/25/95 | 60 FR 20171 |
| Treasury Employees (5 CFR Ch. XXI) Final Rule | 05/05/95 | 60 FR 22249 |
| FCSIC Employees (5 CFR Ch. XXX) | 06/12/95 | 60 FR 30773 |
| FCA Employees (5 CFR Ch. XXXI) | 06/12/95 | 60 FR 30778 |
| HUD Employees (5 CFR Ch. LXV) | 06/30/95 | 60 FR 34420 |
| OPIC Employees (5 CFR Ch. XXXIII) Final Rule | 07/21/95 | 60 FR 37555 |
| USPS Employees (5 CFR Ch. LX) Final Rule | 09/11/95 | 60 FR 47240 |
| FCA Employees (5 CFR Ch. XXXI) Final Rule | 09/13/95 | 60 FR 47453 |
| OGE Concurrence in FCA Employees (5 CFR Ch. XXXI) Final Rule | 12/06/95 | 60 FR 62319 |
| BGFRS Employees (5 CFR Ch. LVIII) | 12/19/95 | 60 FR 65249 |
| Further 5 CFR 2635.403(a) and 2635.803 Grace Period Extension (by OGE) | 12/27/95 | 60 FR 66857 |
| FCSIC Employees (5 CFR Ch. XXX) Final Rule | 02/06/96 | 61 FR 4349 |
| EEOC Employees (5 CFR Ch. LXII) | 02/26/96 | 61 FR 7065 |
| TVA Employees (15 CFR Ch. LXIX) | 05/06/96 | 61 FR 20117 |
| DOE Employees (5 CFR Ch. XXIII) | 07/05/96 | 61 FR 35085 |
| FDIC Employees (5 CFR Ch. XXII) Amendment | 07/09/96 | 61 FR 35915 |
| HUD Employees (5 CFR Ch. LXV) | 07/09/96 | 61 FR 36246 |
| OPM Employees (5 CFR Ch. XXXV) | 07/16/96 | 61 FR 36993 |
| HHS Employees (5 CFR Ch. XLV) | 07/30/96 | 61 FR 39756 |
| FMSHRC Employees (5 CFR Ch. LXXIV) | 07/31/96 | 61 FR 39869 |
| DOT Employees (5 CFR Ch. L) | 07/31/96 | 61 FR 39901 |
| EPA Employees (5 CFR Ch. LIV) | 08/02/96 | 61 FR 40500 |
| NARA Employees (5 CFR Ch. LXVI) | 08/05/96 | 61 FR 40505 |
| Further Additional 5 CFR 2635.403(a) and 2635.803 Grace Period Extension (by OGE) | 08/07/96 | 61 FR 40950 |
| FERC Employees (5 CFR Ch. XXIV) | 08/23/96 | 61 FR 43411 |
| BGFRS Employees (5 CFR Ch. LVIII) Final Rule | 10/16/96 | 61 FR 53827 |
| FCC Employees (5 CFR Ch. XXIX) | 10/31/96 | 61 FR 56109 |
| GSA Employees (5 CFR Ch. LVII) | 11/01/96 | 61 FR 56399 |
| DOL Employees (5 CFR Ch. XLII) | 11/06/96 | 61 FR 57281 |
| DOJ Employees (5 CFR Ch. XXVIII) | 11/25/96 | 61 FR 59811 |
| NSF Employees (5 CFR Ch. XLIII) | 11/25/96 | 61 FR 59815 |
| CPSC Employees (5 CFR Ch. LXXI) | 12/13/96 | 61 FR 65457 |
| FDIC Employees (5 CFR Ch. XXII) Amendment | 01/27/97 | 62 FR 3771 |
| NLRB Employees (5 CFR Ch. LXI) | 02/12/97 | 62 FR 6445 |
| DOJ Employees (5 CFR Ch. XXVIII) Final Rule | 05/02/97 | 62 FR 23941 |
| DOJ Employees (5 CFR Ch. XXVIII) Final Rule Correction | 06/11/97 | 62 FR 31865 |
| OPM Employees (5 CFR Ch. XXXV) Interim Rule Correction | 06/17/97 | 62 FR 32859 |
| EEOC Employees (5 CFR Ch. LXII) Final Rule | 07/08/97 | 62 FR 36447 |
| OPM Employees (5 CFR Ch. XXXV) Final Rule | 08/11/97 | 62 FR 42897 |
| DOI Employees (5 CFR Ch. XXV) | 10/16/97 | 62 FR 53713 |
| DOI Employees (5 CFR Ch. XXV) Interim Final Rule Correction | 04/15/98 | 63 FR 18501 |
| DOI Employees (5 CFR Ch. XXV) Interim Final Rule Correction | 04/24/98 | 63 FR 20447 |
| DOI Employees (5 CFR Ch. XXV) Final Rule | 06/24/98 | 63 FR 34258 |
| FTC Employees (5 CFR Ch. XLVII) Final Rule Amendments | 08/12/98 | 63 FR 43069 |
| DOL Employees (5 CFR Ch. XLII) Final Rule | 12/30/99 | 64 FR 73852 |
| USDA Employees (5 CFR Ch. LXXIII) Interim Final Rule | 03/24/00 | 65 FR 15825 |
| USDA Employees (5 CFR Ch. LXXIII) Interim Final Rule Correction | 04/20/00 | 65 FR 21239 |
| USDA Employees (5 CFR Ch. LXXIII) Final Rule | 10/02/00 | 65 FR 58635 |
| Treasury Employees (5 CFR Ch. XXI) Final Rule Amendments | 02/01/01 | 66 FR 8505 |
| Final Action | 12/00/03 |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
Federal
Agency Contact:
William E. Gressman, Senior Associate General Counsel, Office of Government Ethics, Suite 500, 1201 New York Avenue NW., Washington, DC 20005-3917
Phone: 202 208-8000
TDD Phone: 202 208-8025
Fax: 202 208-8037
RIN:
3209-AA15