[Federal Register Volume 59, Number 149 (Thursday, August 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18943]


[[Page Unknown]]

[Federal Register: August 4, 1994]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 0

[FCC 94-193]

 

Ethics

agency: Federal Communications Commission.

action: Final rule.

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summary: The Commission has amended its rules regarding the appointment 
of the Designated Agency Ethics Official (DAEO) and the Alternate 
Designated Agency Ethics Official (ADEO). Personnel in the Office of 
General Counsel have been designated to be the DAEO and ADEO. This 
change will consolidate management of the ethics program established by 
the February 3, 1993 regulations of the Office of Government Ethics 
that established new uniform standards of ethical conduct for officers 
and employers of the executive branch of the Federal Government.

effective date: July 20, 1994.

for further information contact: Marjorie S. Bertman, Office of General 
Counsel (202) 418-1740.

SUPPLEMENTARY INFORMATION:

Order

    In the matter of: Amendment of Parts 0 and 19 of the 
Commission's Rules of Commission Organization and Governing Employee 
Standards of Ethical Conduct.
    Adopted: July 20, 1994.
    Released: July 28, 1994.

    By the Commission:
    1. On February 3, 1993, regulations of the Office of Government 
Ethics (OGE) that establish new uniform standards of ethical conduct 
for officers and employees of the executive branch of the Federal 
Government became effective. See 5 CFR 2635, 57 FR 35006 August 7, 
(1992).\1\ OGE regulations also require the Commission to formally 
designate an agency official to be the ``designated agency ethics 
official'' or ``DAEO'' to coordinate and manage the Commission's ethics 
program. In addition, these regulations require the agency to appoint 
an alternate DAEO or ``ADAEO'' to serve in an acting capacity in the 
absence of the primary designated agency ethics official. See 5 CFR 
2638.201-2638.202. The purpose of this Order is to designate personnel 
in the Office of General Counsel to those positions and to make the 
necessary changes in the Commission's rules to effect that designation. 
Specifically, this Order delegates authority to the General Counsel to 
assume the responsibilities of the DAEO and to implement the ethics 
program established in the new OGE regulations.
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    \1\Under the scheme established in the new OGC regulations, most 
of the Commission's existing Part 19 rules have been superseded by 
OGE'S regulations. We will restructure Part 19 to remove the 
superseded sections and to renumber the provisions that may be 
retained in accordance with the OGE regulations in a future order.
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    2. Under the OGE regulations, the DAEO is required to be qualified 
to counsel agency personnel concerning the new OGE ethics standards and 
to counsel departing and former agency officials on post-employment 
conflict of interest standards. 5 CFR 2638.202(b)(3)-(4). In addition, 
the DAEO has responsibility for managing the agency's ethics program, 
including liaison with OGE, reviewing financial disclosure reports, 
monitoring ethics training, and monitoring administrative actions and 
sanctions. The DAEO may appoint ``deputy'' ethics officials to perform 
any of these functions, but such deputies work under the DAEO's 
supervision. See 5 CFR 2638.204.
    3. Under current Commission rules, the General Counsel has broad 
delegated authority to provide ethics counseling, and other duties that 
are very similar to the principal functions performed by the DAEO under 
OGE's regulations. Specifically, the General Counsel now has overall 
delegated authority to act as ``legal counselor for the Commission to 
provide guidance on matters relating to ethical conduct,'' and to serve 
as the ``Commission's designee to the Office of Personnel Management'' 
on matters covered by the OPM (now OGE) rules governing ethical 
conduct. 47 CFR 19.735-105(a)(1). In fact, most of the responsibilities 
set forth in the OGE regulations, with the exception of the management 
of the financial disclosure statements, are already delegated to the 
Commission's General Counsel.\2\
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    \2\The current Commission rules give the Chief, Operations 
Support Division authority to serve as the designated agency ethics 
official for the purpose of receiving, reviewing and certifying 
financial disclosure statements. See 47 CFR 0.231(h).
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    Our informal survey of other agencies also indicates that 
designating the senior legal official as the DAEO is consistent with 
the general practice of agencies of similar size. In light of these 
factors, we think it is appropriate to designate the General Counsel as 
the DAEO.
    4. Accordingly we shall add a new Sec. 0.251(a) to delegate 
authority to the General Counsel to act as the ``designated agency 
ethics official.'' The rule will delegate authority to the Associate 
General Counsel for Administrative Law to act as the ``alternate 
designated agency ethics official.''\3\
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    \3\A conforming amendment will be made to Sec. 0.231(h), 47 CFR 
0.231(h).
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    5. The amendments adopted in this Order are rules of agency 
organization and therefore the Administrative Procedure Act's prior 
notice and effective date requirements do not apply. 5 U.S.C. 
553(b)(3)(A). Authority for the amendments adopted herein is contained 
in sections 4(i) and 5(c)(1) of the Communications Act. 47 U.S.C. 
154(j) and 155(c)(1).
    6. It Is Ordered, effective July 20, 1994, that Part 0 of the Rules 
and Regulations is amended as set forth below.

List of Subjects in 47 CFR Part 0

    Organization and functions (Government agencies).

Federal Communications Commission.
William F. Caton,
Acting Secretary.

Rule Changes

    Title 47 of the Code of Federal Regulations, Part 0, amended as 
follows:

PART 0--COMMISSION ORGANIZATION

    1. The authority citation for Part 0 continues to read as follows:

    Authority: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155.

Sec. 0.231  [Amended]

    2. Section 0.231 is amended by removing and reserving and inserting 
paragraph (h).
    3. Section 0.251 is amended by adding paragraph (a) to read as 
follows:


Sec. 0.251  Authority delegated.

    (a) The General Counsel is delegated authority to act as the 
``designated agency ethics official.'' The Associate General Counsel 
for Administrative Law is delegated authority to act as the ``alternate 
designated agency ethics official.''
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[FR Doc. 94-18943 Filed 8-3-94; 8:45 am]
BILLING CODE 6712-01-M