[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
