[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]



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 Rules and Regulations
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  Federal Register / Vol. 64, No. 9 / Thursday, January 14, 1999 / 
Rules and Regulations  

[[Page 2421]]


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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.

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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]
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