Rule2021-24878
Executive Branch Ethics Program; Technical Correction
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 16, 2021
Effective
November 16, 2021
Issuing agencies
Government Ethics Office
Abstract
The Office of Government Ethics (OGE) is issuing a technical correction to the executive branch ethics program regulation that describes OGE's written guidance, following the inadvertent removal of certain paragraphs in the regulation that occurred when it was revised in August 2020.
Full Text
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<title>Federal Register, Volume 86 Issue 218 (Tuesday, November 16, 2021)</title>
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[Federal Register Volume 86, Number 218 (Tuesday, November 16, 2021)]
[Rules and Regulations]
[Pages 63307-63308]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24878]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 86, No. 218 / Tuesday, November 16, 2021 /
Rules and Regulations
[[Page 63307]]
OFFICE OF GOVERNMENT ETHICS
5 CFR Part 2638
RIN 3209-AA63
Executive Branch Ethics Program; Technical Correction
AGENCY: Office of Government Ethics.
ACTION: Final rule; technical correction.
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SUMMARY: The Office of Government Ethics (OGE) is issuing a technical
correction to the executive branch ethics program regulation that
describes OGE's written guidance, following the inadvertent removal of
certain paragraphs in the regulation that occurred when it was revised
in August 2020.
DATES: This final rule is effective November 16, 2021.
FOR FURTHER INFORMATION CONTACT: Patrick J. Lightfoot, Associate
Counsel, or Margaret Dylus-Yukins, Assistant Counsel; Telephone: 202-
482-9300.
SUPPLEMENTARY INFORMATION:
I. Background
On August 20, 2020, the U.S. Office of Government Ethics (OGE)
issued new regulations at 5 CFR part 2611, which set forth processes
and procedures for OGE's issuance of guidance documents as required by
Executive Order 13891, ``Promoting the Rule of Law Through Improved
Agency Guidance Documents'' (October 9, 2019). 85 FR 51301 (August 20,
2020). In that same August 2020 rulemaking, OGE made a technical
modification to 5 CFR 2638.208 ``to replace the term `guidance
documents' with the phrase `written guidance' in order to reduce any
potential confusion'' with the new 5 CFR part 2611 regulation in which
``guidance document'' had become a specific term of art. Id. The
regulations at 5 CFR part 2611 were later removed pursuant to Executive
Order 13992, ``Revocation of Certain Executive Orders Concerning
Federal Regulation'' (January 20, 2021). See 86 FR 25801 (May 11,
2021).
Although the intent of this technical change was to replace only
that phrasing in 5 CFR 2638.208, OGE's instructions to the Federal
Register were unclear, and resulted in the inadvertent deletion of
paragraphs (a), (b), and (c) in 5 CFR 2638.208. To correct this error,
OGE is issuing this technical rulemaking to add paragraphs (a), (b),
and (c) back into 5 CFR 2638.208 as they existed before the August 20,
2020, amendments. OGE has made no substantive change to the text of
these paragraphs, which will once again read as they did when 5 CFR
part 2638 was updated in 2016. See 81 FR 76271 (November 2, 2016).
II. Matters of Regulatory Procedure
Administrative Procedure Act
Pursuant to 5 U.S.C. 553(b)(3)(A), as Director of the Office of
Government Ethics, the notice and comment procedures are being waived
because these amendments concern matters of agency organization,
procedure and practice.
Regulatory Flexibility Act
As the Director of the Office of Government Ethics, I certify under
the Regulatory Flexibility Act (5 U.S.C. chapter 6) that this final
rule would not have a significant economic impact on a substantial
number of small entities because it primarily affects current Federal
executive branch employees.
Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply
because this regulation does not contain information collection
requirements that require 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 5, subchapter II), this final rule would 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.
Executive Order 13563 and Executive Order 12866
Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select the regulatory approaches that
maximize net benefits (including economic, environmental, public health
and safety effects, distributive impacts, and equity). Executive Order
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
In promulgating this rulemaking, OGE has adhered to the regulatory
philosophy and the applicable principles of regulation set forth in
Executive Orders 12866 and 13563. The rule has not been reviewed by the
Office of Management and Budget because it is not a significant
regulatory action for the purposes of Executive Order 12866.
Executive Order 12988
As Director of the Office of Government Ethics, I have reviewed
this rule in light of section 3 of Executive Order 12988, Civil Justice
Reform, and certify that it meets the applicable standards provided
therein.
Executive Order 13175
The Office of Government Ethics has evaluated this final rule under
the criteria set forth in E.O. 13175 and determined that tribal
consultation is not required as this final rule has no substantial
direct effect on one or more Indian tribes, on the relationship between
the Federal Government and Indian tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
tribes.
List of Subjects in 5 CFR Part 2638
Administrative practice and procedure, Conflict of interests,
Government employees, Reporting and recordkeeping requirements.
Approved: November 9, 2021.
Emory Rounds,
Director, U.S. Office of Government Ethics.
For the reasons stated in the preamble, the U.S. Office of
Government Ethics amends 5 CFR part 2638 by making the following
technical correction:
[[Page 63308]]
PART 2638--EXECUTIVE BRANCH ETHICS PROGRAM
0
1. The authority citation for part 2638 continues to read as follows:
Authority: 5 U.S.C. App. 101-505; 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.
0
2. Revise Sec. 2638.208 to read as follows:
Sec. 2638.208 Written guidance on the executive branch ethics
program.
This section describes several means by which the Office of
Government Ethics provides agencies, employees, and the public with
written guidance regarding its legal interpretations, program
requirements, and educational offerings. Normally, written guidance is
published on the official website of the Office of Government Ethics,
<a href="http://www.oge.gov">www.oge.gov</a>.
(a) Legal advisories. The Office of Government Ethics issues legal
advisories, which are memoranda regarding the interpretation of
government ethics laws and regulations. They are intended primarily to
provide education and notice to executive branch ethics officials;
prospective, current, and former executive branch employees; and
individuals who interact with the executive branch.
(b) Program advisories. The Office of Government Ethics issues
program advisories, which are memoranda regarding the requirements or
procedures applicable to the executive branch ethics program and
individual agency ethics programs. They are intended primarily to
instruct agencies on uniform procedures for the executive branch ethics
program.
(c) Informal advisory opinions. Upon request or upon its own
initiative, the Office of Government Ethics issues informal advisory
opinions. Informal advisory opinions address subjects that in the
opinion of the Director do not meet the criteria for issuance of formal
advisory opinions. They are intended primarily to provide guidance to
individuals and illustrate the application of government ethics laws
and regulations to specific circumstances.
[FR Doc. 2021-24878 Filed 11-15-21; 8:45 am]
BILLING CODE 6345-03-P
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