Proposed Regulations by the Department of the Interior and the Federal Energy Administration To Implement Section 522 of the Energy Policy and Conservation Act Concerning Conflicts of Interests

Regulations proposed by the Department of the Interior and the Federal Energy Administration (FEA) to implement section 522 of the Energy Policy and Conservation Act concerning conflicts of interests were reviewed. The specific areas reviewed included: (1) the manner in which the proposed regulations of each agency would apply the authority in subsection 522(c) of the act to grant exemptions from the filing requirement; (2) the adequacy of the provisions for review and monitoring of the financial interest statements; and (3) the need for the regulations of each agency to be nearly identical, since they implement the same law. FEA should reconsider its exempt classifications to determine whether the assumption is valid that all employees below grade GS-13 occupy nonpolicymaking positions, and if so, that FEA make an affirmative finding to this effect. The Interior Department has indicated that it will correct most of the specific shortcomings in its exemption regulations. GAO advises that the proposed procedures of each agency for review and monitoring financial interests are adequate. GAO advises that it is aware of no legal requirement and no other compelling reason for the regulations to be made uniform, in whole or in part. Different approaches to identifying positions or classes thereof for exemption and to establishing review and monitoring procedures may be attributable to differences in functions.