This proposed Order attempts to proscribe ethical conduct by Federal employees with respect to office equipment, including IT equipment; it is fundamentally about the ethical conduct of Federal employees. Now the Department uses three vehicles to set policy and procedures for Federal employees. 1) the Directive process, under which this Order falls, 2) the Federal Register (Notices, Rules & Regulations), and 3) Procurement Policy and Guidance (Acquisition Regulation [DEAR], Acquisition letters, etc). Number 2) Federal Register covers ethical conduct of Federal Employees and is the province of the General Counsel; in fact the Order even quotes the Standards of Ethical Conduct in the CFR. Every year the General Counsel reminds Federal employees that they are required by Executive Order and regulations of the Office of Government Ethics to receive an annual ethics briefing. That briefing can address ethical conduct by employees with respect to office equipment, including IT equipment, if the Department has been experiencing problems in this area. Moreover, it is the requirement of supervisors to ensure their employees use government equipment in accordance with ethical norms. Thus, the intent of the Order is already subsumed through an existing framework administered by the Office of General Counsel and requirements of good supervision. There does not seem to be a need for the Order.

The Order places a responsibility on Program Secretarial Officers for proper property systems, pursuant to DEAR 970.5234, again the responsibility of GC and ME, who use a separate administrative process to administer the DEAR.

The Order only applies to Federal employees. But it contains no real penalties (see 4 h. "Sanctions for Misuse" which insinuate that legal or administrative action may be taken, again the province of ME and GC) or proposes remedies to correct inappropriate behavior. It proscribes behavior but provides no real consequences for inappropriate behavior, a poor premise upon which to base policy.

Finally, the President's Management Agenda emphasizes the "FREEDOM TO MANAGE" and managerial flexibility and authority. In 2002, the Department established a Directives Review Group to eliminate unnecessary, redundant or obsolete Orders. SC believes that this Order is not consistent with PMA or with Department's efforts to improve the Directive Process.

For the reasons above, SC non-concurs with the Order. Moreover, SC suggests that this Order is evidence that the Department needs to consider re-opening the Directives Management Document process.]]>