Rules governing public decisions need a response when the compliance system itself is deficient. OGE’s final ethics-program revision, published November 2, 2016, describes informal and formal ways to address agency-program failures. The rule takes effect January 1, 2017. This November 11 retrospective examines that accountability mechanism, not an enforcement action announced on the holiday. [2016-26418][2016-13152]

Under the final provisions, the OGE director may use informal measures when information indicates a program is not compliant. These include seeking documents, notifying the agency of a possible deficiency and monitoring corrective efforts. If informal action does not produce an acceptable resolution, the director may order specific corrective action, after written notice and an opportunity for the agency to respond. [2016-26418][2016-13152]

The June 6 proposal supplies the organizational rationale behind a system-wide approach. OGE said some activities critical to program success were outside the designated ethics official’s control, while the regulatory structure understated agency leadership’s role. That matters because improving a program can require cooperation and resources beyond the adviser’s desk. The proposal explains the design problem; final provisions determine the available corrective process. [2016-26418][2016-13152]

From an incentives perspective, assigning duties is more meaningful when the institution can be asked to explain and remedy a failure. But an available procedure is not evidence that agencies complied with it or that public decisions became more impartial. The final text also preserves a response opportunity rather than treating a concern as a concluded finding. Both documents are parts of one OGE rulemaking, not independent measurements of enforcement success or economic benefits. [2016-26418][2016-13152]

Source documents

  1. Executive Branch Ethics Program Amendmentshttps://www.govinfo.gov/content/pkg/FR-2016-11-02/html/2016-26418.htm
  2. Executive Branch Ethics Program Amendmentshttps://www.govinfo.gov/content/pkg/FR-2016-06-06/html/2016-13152.htm