[Federal Register Volume 71, Number 168 (Wednesday, August 30, 2006)]
[Proposed Rules]
[Pages 51533-51534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7232]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 71, No. 168 / Wednesday, August 30, 2006 / 
Proposed Rules  

[[Page 51533]]



COMMISSION ON CIVIL RIGHTS

5 CFR Chapter LXVIII

RINs 3035-AA02, 3209-AA15


Supplemental Standards of Ethical Conduct for Employees of the 
United States Commission on Civil Rights

AGENCY: U.S. Commission on Civil Rights.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The United States Commission on Civil Rights (Commission), 
with the concurrence of the Office of Government Ethics (OGE), is 
issuing a proposed rule for employees of the Commission that would 
supplement the Standards of Ethical Conduct for Employees of the 
Executive Branch issued by OGE. The proposed rule would require 
employees of the Commission, other than special Government employees, 
to obtain prior approval before engaging in outside employment.

EFFECTIVE DATE: Comments should be submitted on or before September 29, 
2006 to be considered in the formulation of final rules.

ADDRESSES: Interested parties should submit written comments to: United 
States Commission on Civil Rights, Office of the Staff Director, Attn: 
Emma Monroig, Esq., Solicitor and Designated Agency Ethics Official, 
624 Ninth Street, NW., Suite 621, Washington, DC 20425. E-mail comments 
should be addressed to [email protected]. Please cite 5 CFR chapter 
LXVIII in all correspondence related to this proposed rule.

FOR FURTHER INFORMATION CONTACT: Emma Monroig, Esq., Solicitor and 
Designated Agency Ethics Official, United States Commission on Civil 
Rights, Office of the Staff Director, 624 Ninth Street, NW., Suite 621, 
Washington, DC 20425; Telephone: (202) 376-7796; Facsimile: (202) 376-
1163.

SUPPLEMENTARY INFORMATION: In 1979, the United States Commission on 
Civil Rights adopted a set of Employee Responsibilities and Conduct as 
set forth in 45 CFR part 706. See 44 FR 75152, as revised in 2002 at 67 
FR 70498. That rule in the pertinent part required employees to obtain 
approval, in writing, from their supervisors before engaging in outside 
employment. 45 CFR 706.7.
    On August 7, 1992, OGE published new executive branch Standards of 
Ethical Conduct regulations, which became generally effective on 
February 3, 1993. The Standards, as corrected and amended, are codified 
at 5 CFR part 2635. These regulations, together with OGE's executive 
branchwide financial disclosure and financial interests regulations 
codified at 5 CFR parts 2634 and 2640, superseded the Commission's old 
Employee Responsibilities and Conduct regulations at 45 CFR part 706, 
including the provision requiring employees to obtain prior approval 
before engaging in outside employment. In a separate rulemaking also 
being published in the Federal Register today, the Commission is 
proposing to remove its old superseded conduct regulation and replace 
it with a residual cross-references provision.
    The Commission, however, has determined, with OGE concurrence, that 
it is necessary and desirable for the purpose of administering its 
ethics program to require its employees again to obtain written 
approval before engaging in outside employment. Prior approval would be 
required pursuant to proposed Sec.  7801.102 of new chapter LXVIII of 5 
CFR as proposed, in order to ensure that the activity would not 
otherwise violate a Federal statute or regulation, including the 
branchwide Standards. The proposed section would include a definition 
at paragraph (d) of outside employment, basically any form of non-
Federal employment, business relationship or activity involving the 
provision of personal services by the employee, whether or not for 
compensation. It also would provide at paragraph (c) that upon a 
significant change in the nature or scope of the outside employment or 
the employee's official position, the employee would have to submit a 
revised request for approval. The proposed rule would not include 
special Government employees in the prior approval provision, since 
they consist primarily of State Advisory Committee members who serve on 
the Commission as uncompensated employees. Accordingly, by this 
rulemaking, the Commission is proposing to reinstitute the prior 
approval requirement, albeit in a modified form in light of the 
promulgation of the branchwide Standards. Furthermore, in proposed 
Sec.  7801.101 of 5 CFR the Commission would state the purpose of the 
supplemental regulation and would include cross-references to other 
Government ethics regulations applicable to Commission employees in 
addition to the proposed new part. The cross-referenced regulations are 
the executive branch Standards, as well as the financial disclosure, 
financial interests and employee responsibilities and conduct 
regulations noted above. Moreover, the section proposed would identify 
the Solicitor as the Designated Agency Ethics Official and require that 
employees seeking prior approval for outside employment obtain the 
approval of the Designated Agency Ethics Official.

Matters of Regulatory Procedure

Executive Orders 12866 and 12988

    Because this proposed rule relates to Commission personnel, it is 
exempt from the provisions of Executive Orders 12866 and 12988.

Regulatory Flexibility Act

    It has been determined under the Regulatory Flexibility Act (5 
U.S.C. chapter 6) that this rule as proposed would not have a 
significant economic impact on a substantial number of small entities 
because it would primarily affect Commission employees.

Paperwork Reduction Act

    It has been determined that the Paperwork Reduction Act (44 U.S.C. 
chapter 35) does not apply to this proposed rulemaking document, 
because it does not contain any information collection requirements 
that require the approval of the Office of Management and Budget.

Congressional Review Act

    The Commission 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.

[[Page 51534]]

List of Subjects in 45 CFR Part 7801

    Conflict of interests, Government employees.

    Dated: August 16, 2006.
Emma Monroig,
Solicitor and Designated Agency Ethics Official, United States 
Commission on Civil rights.

    Dated: August 16, 2006.
Kenneth L. Marcus,
Staff Director, United States Commission on Civil Rights.

    Approved: August 22, 2006.
Robert I. Cusick,
Director, Office of Government Ethics.

    For the reasons set forth in this preamble, the United States 
Commission on Civil Rights, with the concurrence of the Office of 
Government Ethics, is proposing to amend title 5 of the Code of Federal 
Regulations by adding a new chapter LXVIII, consisting of part 7801, to 
read as follows:

CHAPTER LXVIII--COMMISSION ON CIVIL RIGHTS

PART 7801--SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES 
OF THE UNITED STATES COMMISSION ON CIVIL RIGHTS

Sec.
7801.101 General.
7801.102 Prior approval for outside employment.

    Authority: 5 U.S.C. 7301; 5 U.S.C. App. (Ethics in Government 
Act of 1978); 42 U.S.C. 1975b(d); E.O. 12674, 54 FR 15159, 3 CFR, 
1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 
1990 Comp., p. 306; 5 CFR 2635.105, 2635.803.


Sec.  7801.101  General.

    (a) Purpose. In accordance with 5 CFR 2635.105, the regulations in 
this part apply to employees of the United States Commission on Civil 
Rights (Commission) and supplement the Standards of Ethical Conduct for 
Employees of the Executive Branch contained at 5 CFR part 2635. 
Employees of the Commission are required to comply with this part, 5 
CFR part 2635, the financial disclosure and financial interests 
regulations at 5 CFR parts 2634 and 2640, and implementing guidance and 
procedures. Commission employees are also subject to the regulations on 
responsibilities and conduct at 5 CFR part 735.
    (b) Definition. The Designated Agency Ethics Official (DAEO) is the 
Solicitor for the Commission.


Sec.  7801.102  Prior approval for outside employment.

    (a) An employee, other than a special Government employee, of the 
Commission who wishes to engage in outside employment shall first 
obtain the approval, in writing, of the Designated Agency Ethics 
Official (DAEO).
    (b) Standard for approval. Approval shall be granted by the DAEO 
only upon a determination that the prospective outside employment is 
not expected to involve conduct prohibited by statute or Federal 
regulation, including 5 CFR part 2635.
    (c) Upon a significant change in the nature or scope of the outside 
employment or the employee's official position, the employee must 
submit a revised request for approval.
    (d) For purposes of this section, ``employment'' means any form of 
non-Federal employment, business relationship or activity involving the 
provision of personal services by the employee, whether or not for 
compensation. It includes, but is not limited to, personal services as 
an officer, director, employee, agent, attorney, consultant, 
contractor, general partner, trustee, teacher, or speaker. It includes 
writing done under an arrangement with another person for production or 
publication of the written product. It does not, however, include 
participation in the activities of a nonprofit charitable, religious, 
professional, social, fraternal, educational, recreational, public 
service, or civic organization, unless such activities involve the 
provision of professional services or advice or are for compensation 
other than reimbursement of expenses.

[FR Doc. 06-7232 Filed 8-29-06; 8:45 am]
BILLING CODE 6335-01-M