[Federal Register Volume 68, Number 171 (Thursday, September 4, 2003)]
[Rules and Regulations]
[Pages 52485-52486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22483]

Rules and Regulations
                                                Federal Register

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Federal Register / Vol. 68, No. 171 / Thursday, September 4, 2003 / 
Rules and Regulations

[[Page 52485]]


5 CFR Part 7201

RIN 3209-AA15

Supplemental Standards of Ethical Conduct for Employees of the 
Equal Employment Opportunity Commission

AGENCY: Equal Employment Opportunity Commission (EEOC or Commission).

ACTION: Final rule.


SUMMARY: The Equal Employment Opportunity Commission, with the 
concurrence of the Office of Government Ethics (OGE), amends the 
Supplemental Standards of Conduct for Employees of the Equal Employment 
Opportunity Commission by adding a sentence permitting EEOC employees 
to represent other EEOC employees in administrative equal employment 
opportunity (EEO) proceedings unless there is a conflict of interest.

EFFECTIVE DATE: This rule is effective on September 4, 2003.

FOR FURTHER INFORMATION CONTACT: Thomas J. Schlageter, Assistant Legal 
Counsel, at (202) 663-4668, or Kathleen Oram, Senior Attorney, at (202) 
663-4681, or TTY (202) 663-7026. This final rule issuance is also 
available in the following formats: large print, braille, audio tape 
and electronic file on computer disk. Requests for this rule in an 
alternative format should be made to EEOC's publications center at 1-

SUPPLEMENTARY INFORMATION: On February 26, 1996, with the concurrence 
and co-signature of OGE, EEOC published its interim rule establishing 
supplemental standards of ethical conduct for employees of EEOC (61 FR 
7065-7067). The Commission, with OGE concurrence and co-signature, 
published a final rule adopting the interim rule on July 8, 1997 (62 FR 
36447). EEOC, again with OGE's concurrence and co-signature, is 
amending the restriction contained in 5 CFR 7201.102(c) of its 
supplemental standards, prohibiting certain kinds of outside 
employment, to permit EEOC employees to represent without compensation 
other EEOC employees in EEO administrative complaint proceedings. Both 
exceptions to the general prohibition in paragraph (c), including the 
existing one for behind-the-scenes assistance to family members, will 
still require prior approval under Sec.  7201.103 of the supplemental 
regulation to ensure there are no conflicts. The change will make 
EEOC's supplemental regulation more consistent with the exception 
contained in 18 U.S.C. Sec.  205(d)(1)(A), which permits Federal 
employees, if not inconsistent with the faithful performance of their 
duties, to represent without compensation other employees who are the 
subject of disciplinary, loyalty, or other personnel administration 
proceedings. EEOC notes that this amendment as to representation of 
other EEOC employees is also consistent with 29 CFR 1614.605, which 
generally allows an EEO complainant to choose a representative, subject 
to the possibility of disqualification of the representative if 
representation would conflict with the representative's official or 
collateral duties. The prohibition will remain, however, on EEOC 
employees representing employees of other Federal agencies in EEO 
proceedings, because the Commission is concerned about a possible 
perception that EEO office personnel or EEOC administrative judges 
would give EEOC employees deference in the proceedings.

Administrative Procedure Act

    Pursuant to 5 U.S.C. 553(b) and (d), the EEOC has determined that 
good cause exists for waiving the general notice of proposed 
rulemaking, opportunity for public comment and 30-day delayed effective 
date as to these revisions. Notice, comment and delayed effectiveness 
are being waived because these amendments concern matters of agency 
organization, practice and procedure. Moreover, it is in the public 
interest that the revisions take effect promptly.

Regulatory Flexibility Act

    The EEOC has determined under the Regulatory Flexibility Act, 5 
U.S.C. Chapter 6, that this rule will not have a significant economic 
impact on a substantial number of small entities because it only 
affects Commission employees.

Paperwork Reduction Act

    The Paperwork Reduction Act, 44 U.S.C. chapter 35, does not apply 
to these final rule amendments because they do not contain any 
information collection requirements subject to approval by the Office 
of Management and Budget.

Congressional Review Act

    The EEOC has determined that this rulemaking is not a rule as 
defined in 5 U.S.C. 804, and, thus, does not require review by 
Congress. This rulemaking is related to EEOC personnel.

Executive Order Nos. 12866 and 12988

    Since this rule relates to EEOC personnel, it is exempt from the 
provisions of Executive Orders Nos. 12866 and 12988.

List of Subjects in 5 CFR Part 7201

    Conflict of interests, Ethics, Executive branch standards of 
conduct, Government employees.

    Dated: August 12, 2003.

    For the Commission,
Cari L. Dominguez,

    Approved: August 22, 2003.
Amy L. Comstock,
Director, Office of Government Ethics.

For the reasons set forth in the preamble, the Equal Employment 
Opportunity Commission, with the concurrence of the Office of 
Government Ethics, is amending part 7201 of title 5 of the Code of 
Federal Regulations as follows:


1. The authority citation for part 7201 continues to read as follows:

    Authority: 5 U.S.C. 7301; 5 U.S.C. App. (Ethics in Government 
Act of 1978); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p.

[[Page 52486]]

215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 
306; 5 CFR 2635.105, 2635.403(a), 2635.802 and 2635.803.

2. Section 7201.102 is amended by revising paragraph (c) to read as 

Sec.  7201.102  Prohibited outside employment.

* * * * *
    (c) No employee of the Equal Employment Opportunity Commission, 
other than a special Government employee, may engage in outside 
employment involving a particular matter pending at EEOC or an equal 
employment opportunity matter in which EEOC or the Federal government 
is a party. An employee may, however, with prior approval, provide 
uncompensated behind-the-scenes assistance to immediate family members 
in matters pending at EEOC or equal employment opportunity matters in 
which EEOC or the Federal government is a party. An employee may also, 
with prior approval, represent without compensation another EEOC 
employee in an administrative equal employment opportunity complaint 
against EEOC.

[FR Doc. 03-22483 Filed 9-3-03; 8:45 am]