[Federal Register Volume 68, Number 222 (Tuesday, November 18, 2003)]
[Rules and Regulations]
[Pages 64979-64980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28690]

Rules and Regulations
                                                Federal Register

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Federal Register / Vol. 68, No. 222 / Tuesday, November 18, 2003 / 
Rules and Regulations

[[Page 64979]]


Office of the Secretary

5 CFR Part 3601

RINS DoD 0790-AH74; OGE 3209-AA15

Supplemental Standards of Ethical Conduct for Employees of the 
Department of Defense

AGENCY: Department of Defense (DoD).

ACTION: Interim rule; amendments.


SUMMARY: The Department of Defense, with the concurrence of the Office 
of Government Ethics (OGE), amends the Supplemental Standards of 
Ethical Conduct for Employees of the Department of Defense to reflect 
certain administrative changes as a result of DoD reorganizations, as 
well as to add a component.

EFFECTIVE DATE: These amendments are effective November 18, 2003.

FOR FURTHER INFORMATION CONTACT: Ms. Gail Mason, Standards of Conduct 
Office, DoD; Telephone: 703-697-5305; Facsimile: 703-697-1640.


I. Background

    On September 10, 1993, with the concurrence and co-signature of 
OGE, DoD published an interim rule (part 3601 of title 5, CFR) 
establishing supplemental standards of ethical conduct for employees of 
DoD (58 FR 47622). The Armed Services Board of Contract Appeals (ASBCA) 
was not included on the list of separate DoD components at Sec.  
3601.102 at that time. On March 25, 1996, DoD added the ASBCA to 
paragraph 2-203.a. of DoD 5500.7-R, the Joint Ethics Regulation (JER). 
This amendatory rulemaking adds the ASBCA to the list of components. In 
the interim, the name of the Defense Investigative Service was changed 
to the Defense Security Service; the Defense Mapping Agency was 
reconstituted into the National Imagery and Mapping Agency; and the 
Defense Nuclear Agency was reorganized as the Defense Threat Reduction 
Agency. Therefore, DoD is updating the listing of these components in 
this amendatory rulemaking.

II. Matters of Regulatory Procedure

Administrative Procedure Act

    As Deputy Secretary of Defense, I have found good cause, pursuant 
to 5 U.S.C. 553(a)(2), (b) and (d), for waiving the notice of proposed 
rulemaking, opportunity for public comment, and 30-day delayed 
effective date as to these interim rule amendments. The notice, comment 
and delayed effective date are being waived because it is in the public 
interest that this amendatory rule, which concerns matters of agency 
organization, management, and personnel, become effective as soon as 

Executive Order 12866, ``Regulatory Planning and Review''

    It has been determined that these amendments to 5 CFR part 3601 do 
not constitute a significant regulatory action. The amendatory rule 
does not: (1) Have an annual effect on the economy of $100 million or 
more or adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities; (2) create a serious inconsistency or otherwise interfere 
with an action taken or planned by another agency; (3) materially alter 
the budgetary impact of entitlements, grants, user fees, or loan 
programs, or the rights and obligations of the recipients thereof; or 
(4) raise novel legal or policy issues arising out of legal mandates, 
the President's priorities, or the principles set forth in this 
Executive Order.

Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104-4)

    It has been certified that these amendments to 5 CFR part 3601 do 
not contain a Federal Mandate that may result in the expenditure by 
State, local and tribal governments, in aggregate, or by the private 
sector, of $100 million or more in any one year.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)

    It has been determined that this amendatory rule is not subject to 
the Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities. This rule does not economically impact Federal 
Government relations with the private sector.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    It has been certified that these amendments to 5 CFR part 3601 do 
not impose any reporting or recordkeeping requirements under the 
Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35).

Federalism (Executive Order 13132)

    It has been certified that 5 CFR part 3601 does not have federalism 
implications, as set forth in Executive Order 13132. This rule does not 
have substantial direct effects on: (1) The States; (2) The 
relationship between the National Government and the States; or (3) The 
distribution of power and responsibilities among the various levels of 

List of Subjects in 5 CFR Part 3601

    Conflict of interests; Executive Branch Standards of Conduct; 
Government employees.

    Dated: October 29, 2003.
Paul D. Wolfowitz,
Deputy Secretary of Defense, Department of Defense.
    Approved: November 4, 2003.
Amy L. Comstock,
Director, Office of Government Ethics.

Accordingly, for the reasons set forth in the preamble, the Department 
of Defense, with the concurrence of the Office of Government Ethics, is 
amending 5 CFR part 3601 as follows:


1. The authority citation for 5 CFR part 3601 continues to read as 

    Authority: 5 U.S.C. 301, 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; 5 CFR

[[Page 64980]]

2635.105, 2635.203(a), 2635.204(k), 2635.803.

2. Section 3601.102 is amended by:
a. Redesignating paragraphs (a)(1) through (a)(15) as paragraphs (a)(2) 
through (a)(16).
b. Adding a new paragraph (a)(1); and
c. Revising newly redesignated paragraphs (a)(10), (a)(11), (a)(12), 
and (a)(13).
The addition and revisions read as follows:

Sec.  3601.102  Designation of separate agency components.

    (a) * * *
    (1) Armed Services Board of Contract Appeals;
* * * * *
    (10) Defense Logistics Agency;
    (11) Defense Security Service;
    (12) Defense Threat Reduction Agency;
    (13) National Imagery and Mapping Agency;
* * * * *
[FR Doc. 03-28690 Filed 11-17-03; 8:45 am]