[Federal Register Volume 71, Number 154 (Thursday, August 10, 2006)]
[Rules and Regulations]
[Pages 45735-45736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-13087]



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  Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 / 
Rules and Regulations  

[[Page 45735]]



OFFICE OF GOVERNMENT ETHICS

5 CFR Part 2635

RIN 3209-AA04


Standards of Ethical Conduct for Employees of the Executive 
Branch; Amendments To Clarify the Coverage of Detailees to an Agency 
Under the Intergovernmental Personnel Act

AGENCY: Office of Government Ethics (OGE).

ACTION: Final rule; amendments.

-----------------------------------------------------------------------

SUMMARY: The Office of Government Ethics is amending the regulation 
governing standards of ethical conduct for executive branch employees 
of the Federal Government, to clarify the coverage of employees of 
State or local governments or other organizations detailed to an agency 
under the Intergovernmental Personnel Act.

DATES: Effective Date: September 11, 2006.

FOR FURTHER INFORMATION CONTACT: Richard M. Thomas, Associate General 
Counsel, Office of Government Ethics; telephone: 202-482-9300; TDD: 
202-482-9293; FAX: 202-482-9237.

SUPPLEMENTARY INFORMATION: On May 11, 2006, the Office of Government 
Ethics (OGE) published proposed amendments to the Standards of Ethical 
Conduct for Employees of the Executive Branch (Standards), 5 CFR part 
2635, to make clear that detailees from State and local governments and 
other organizations to an agency, pursuant to the Intergovernmental 
Personnel Act (IPA), 5 U.S.C. 3374, are subject to the Standards. 71 FR 
27427-27429. OGE proposed amending the definition of ``employee,'' in 
Sec.  2635.102(h) of the Standards, expressly to include ``[e]mployees 
of a State or local government or other organization who are serving on 
detail to an agency, pursuant to 5 U.S.C. 3371, et seq.'' OGE also 
proposed adding a new paragraph (d) to Sec.  2635.105 of the Standards, 
which deals with agency supplemental regulations, to provide that IPA 
detailees would be subject to any requirements in agency supplemental 
standards of conduct regulations to the extent that such regulations 
expressly provide.
    OGE received two comments on the proposed amendatory rule, both 
from agency ethics officials. The first commenter simply concurred in 
the proposed rule. The second commenter did not raise any substantive 
issues with respect to the coverage of IPA detailees under the 
Standards, but instead noted that the commenter's agency was having 
difficulty applying the post-employment restrictions of 18 U.S.C. 207 
to certain IPA detailees. This commenter requested ``that when the OGE 
clarifies 5 CFR part 2635, [it] also address the post-employment 
restrictions at 18 U.S.C. 207 as it applies to IPA detailees.''
    OGE did not change the proposed rule in response to this request. 
Part 2635 is not OGE's post-employment regulation. OGE's regulations 
addressing the post-employment restrictions of 18 U.S.C. 207 are found 
at 5 CFR part 2641, which is not the subject of this rulemaking. We 
note, moreover, that OGE already has proposed amendments to part 2641, 
some of which deal specifically with IPA detailees. See 68 FR 7845 
(February 18, 2003), at 7870 (proposed definition of ``employee'' 
includes IPA detailees); and 7881 (application of 18 U.S.C. 207(c) to 
IPA detailees). Therefore, OGE is publishing the previously proposed 
amendments to part 2635 in the Federal Register as a final rule, with 
no changes.
    As noted in the preamble to the proposed rule, 71 FR 27428, OGE is 
aware that some agencies already have required certain IPA detailees to 
agree to follow restrictions in agency supplemental regulations. Such 
agencies may continue to recognize any agreements in force as of the 
effective date of the final rule. Moreover, agencies that wish to amend 
their supplemental regulations to cover IPA detailees, consistent with 
new Sec.  2635.105(d), may continue to use IPA agreements to obtain 
commitments to follow current supplemental regulations, pending the 
promulgation of amendments, for a reasonable period determined in 
consultation with OGE.

Matters of Regulatory Procedure

Regulatory Flexibility Act

    As Director of OGE, I certify under the Regulatory Flexibility Act 
(5 U.S.C. chapter 6) that this rule will not have a significant 
economic impact on a substantial number of small entities because it 
primarily affects Federal employees.

Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply 
to this proposed rule because it does not contain an information 
collection requirement that requires the approval of the Office of 
Management and Budget.

Unfunded Mandates Reform Act

    For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
chapter 25, subchapter II), this amendatory rule will not significantly 
or uniquely affect small governments and will not result in increased 
expenditures by State, local, and tribal governments, in the aggregate, 
or by the private sector, of $100 million or more (as adjusted for 
inflation) in any one year.

Congressional Review Act

    The Office of Government Ethics has determined that this rulemaking 
involves a nonmajor rule under the Congressional Review Act (5 U.S.C. 
chapter 8) and will submit a report thereon to the U.S. Senate, House 
of Representatives and Government Accountability Office in accordance 
with that law at the same time that it transmits this final rule to the 
Office of the Federal Register for publication.

Executive Order 12866

    In promulgating this rule, 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. 
This final rule has not been reviewed by the Office of Management and 
Budget under that Executive order, since it deals with agency 
organization, management and personnel matters, and is not deemed to be 
``significant'' thereunder.

Executive Order 12988

    As Director of the Office of Government Ethics, I have reviewed 
this amendatory regulation in light of

[[Page 45736]]

section 3 of Executive Order 12988, Civil Justice Reform, and certify 
that it meets the applicable standards provided therein.

List of Subjects in 5 CFR Part 2635

    Conflict of interests, Executive branch standards of ethical 
conduct, Government employees.

    Approved: August 3, 2006.
Robert I. Cusick,
Director, Office of Government Ethics.

0
Accordingly, for the reasons set forth in the preamble, the Office of 
Government Ethics is amending 5 CFR part 2635 as follows:

PART 2635--STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE 
EXECUTIVE BRANCH

0
1. 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.

Subpart A--General Provisions

0
2. Section 2635.102 is amended by adding a new sentence after the 
second sentence of paragraph (h) to read as follows:


Sec.  2635.102  Definitions.

* * * * *
    (h) * * * It includes employees of a State or local government or 
other organization who are serving on detail to an agency, pursuant to 
5 U.S.C. 3371, et seq. * * *
* * * * *

0
3. Section 2635.105 is amended by adding a new paragraph (d) to read as 
follows:


Sec.  2635.105  Supplemental agency regulations.

* * * * *
    (d) Employees of a State or local government or other organization 
who are serving on detail to an agency, pursuant to 5 U.S.C. 3371, et 
seq., are subject to any requirements, in addition to those in this 
part, established by a supplemental agency regulation issued under this 
section to the extent that such regulation expressly provides.

 [FR Doc. E6-13087 Filed 8-9-06; 8:45 am]
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