5 C.F.R. § 2635.105

Supplemental agency regulations

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In addition to the regulations set forth in this part, employees must comply with any supplemental agency regulations issued by their employing agencies under this section.

(a) An agency that wishes to supplement this part must prepare and submit to the Office of Government Ethics, for its concurrence and joint issuance, any agency regulations that supplement the regulations contained in this part. Supplemental agency regulations which the agency determines are necessary and appropriate, in view of its programs and operations, to fulfill the purposes of this part must be:

(1) In the form of a supplement to the regulations in this part; and

(2) In addition to the substantive provisions of this part.

(b) After concurrence and co-signature by the Office of Government Ethics, the agency must submit its supplemental agency regulations to the Federal Register for publication and codification at the expense of the agency in this title. Supplemental agency regulations issued under this section are effective only after concurrence and co-signature by the Office of Government Ethics and publication in the Federal Register.

(c) This section applies to any supplemental agency regulations or amendments thereof issued under this part. It does not apply to:

(1) A handbook or other issuance intended merely as an explanation of the standards contained in this part or in supplemental agency regulations;

(2) An instruction or other issuance the purpose of which is to:

(i) Delegate to an agency designee authority to make any determination, give any approval or take any other action required or permitted by this part or by supplemental agency regulations; or

(ii) Establish internal agency procedures for documenting or processing any determination, approval or other action required or permitted by this part or by supplemental agency regulations, or for retaining any such documentation; or

(3) Regulations or instructions that an agency has authority, independent of this part, to issue, such as regulations implementing an agency's gift acceptance statute, protecting categories of nonpublic information, or establishing standards for use of Government vehicles.

(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.

Notes of Decisions

Cited in 5 cases, 2008–2020 · leading case: Physicians for Soc. Responsibility v. Andrew Wheeler, 956 F.3d 634 (D.C. Cir. 2020).

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Physicians for Soc. Responsibility v. Andrew Wheeler, 956 F.3d 634 (D.C. Cir. 2020). · cites it 2× “, OGE requires that agencies wishing to supplement their rules “prepare and submit” any supplemental regulations to OGE “for its concurrence and joint issuance” in the Federal Register, 5 C.F.R. § 2635.105 (a)–(b). Central to this case, OGE has expressly addressed the ethical…”

Physicians For Soc. Responsibility v. Wheeler, 359 F. Supp. 3d 27 (D.C. Cir. 2019). · cites it 2× “" 5 C.F.R. § 2635.105 (a). Only "[a]fter concurrence and co-signature by [OGE]," may the agency submit its supplemental regulations for publication and codification in the Code of Federal Regulations.”

Physicians for Soc. Responsibility v. Pruitt (D.D.C. 2019). · cites it 2× “” 5 C.F.R. § 2635.105 (a). Only “[a]fter concurrence and co-signature by [OGE],” may the agency submit its supplemental regulations for publication and codification in the Code of Federal Regulations.”

Auth. of the Env't Prot. Agency to Hold Employees Liable for Negligent Loss, Damage, or Destruction of Gov't Pers. Prop. (OLC 2008). · cites it 2× “OGE in turn has issued a series of regulations authorizing agencies to issue supplementary property regulations, 5 C.F.R. § 2635.105 (a), with which employees must comply or face “corrective action,” which can include restitution, id.”

Nat. Resources Def. Council, Inc. v. U.S Env't Prot. Agency (S.D.N.Y. 2020). “Pursuant to 5 C.F.R. § 2635.105 (a), an agency must “prepare and submit to the [OGE], for its concurrent and joint issuance, any [supplemental] agency regulations.”

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