[Federal Register Volume 73, Number 115 (Friday, June 13, 2008)]
[Rules and Regulations]
[Pages 33661-33662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13170]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 73, No. 115 / Friday, June 13, 2008 / Rules
and Regulations
[[Page 33661]]
COMMISSION ON CIVIL RIGHTS
5 CFR Chapter LXVIII
RINs 3035-AA05, 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: Final rule.
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SUMMARY: The United States Commission on Civil Rights (Commission),
with the concurrence of the Office of Government Ethics (OGE), is
issuing this rule for employees of the Commission, which supplements
the Standards of Ethical Conduct for Employees of the Executive Branch
issued by OGE. The rule requires employees of the Commission to obtain
prior approval before engaging in outside employment. The text of the
rule was published in the Federal Register on August 30, 2006 at 71 FR
51533 as a proposed rule and provided that comments should have been
received by September 29, 2006 to be considered in the formulation of
the final rule. No comments were received.
DATES: This rule is effective July 14, 2008.
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
rules 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
removing its old superseded conduct regulation and replacing it with a
residual crossreferences 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 to again obtain written
approval before engaging in outside employment, except for certain
volunteer community service activities the DAEO has designated as
``generally approved.'' Section 7801.102 of new chapter LXVIII of 5 CFR
will now require prior approval for outside activities in order to
ensure that the activity would not otherwise violate a Federal statute
or regulation, including the branchwide Standards. The section includes
a definition, at paragraph (d), of outside employment, to mean 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 provides, 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 is required to submit a
revised request for approval. The rule does 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 reinstituting the prior approval requirement, albeit
in a modified form in light of the promulgation of the branchwide
Standards. Furthermore, in Sec. 7801.101 of 5 CFR, the Commission
states the purpose of the supplemental regulation and includes cross-
references to other Government ethics regulations applicable to
Commission employees in addition to the new part. The cross-referenced
regulations are the executive branch Standards, as well as the OGE
executive branch financial disclosure and financial interests
regulations noted above, and the separate specific executive branchwide
employee responsibilities and conduct regulations of the Office of
Personnel Management codified at 5 CFR part 735. Moreover, the section
identifies the Solicitor as the Designated Agency Ethics Official and
requires that employees seeking approval for outside employment obtain
the approval of the Designated Agency Ethics Official, except to the
extent that volunteer professional activities designated ``generally
approved'' do not require additional prior written approval. In this
final rule, the Commission is adding two references in paragraph (a) of
7801.101 to clarify that all of the other regulations referenced are
executive branchwide regulations. The Commission is also adding the
word ``outside'' to the word ``employment'' in definitional paragraph
(d) of Sec. 7801.102 to clarify the term being defined. Finally, the
Commission is adding a new paragraph (e) to Sec. 7801.102 on volunteer
community service activities of its professional and non-professional
staff to reflect its new Administrative Instruction, with a cross-
reference thereto in paragraph (a). Paragraph (e) addresses the types
of clearances needed for both volunteer (pro bono) community service
activities that are designated as ``generally approved,'' or pre-
approved by the DAEO, and those that are not so designated. Otherwise,
the Commission, with OGE concurrence, is adopting its proposed
supplemental standards regulation as final without change.
Matters of Regulatory Procedure
Executive Orders 12866 and 12988
Because this rule relates to Commission personnel, it is exempt
from the provisions of Executive Orders 12866 and 12988.
[[Page 33662]]
Regulatory Flexibility Act
It has been determined under the Regulatory Flexibility Act (5
U.S.C. chapter 6) that this rule does not have a significant economic
impact on a substantial number of small entities because it primarily
affects 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 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.
List of Subjects in 5 CFR Part 7801
Conflict of interests, Government employees.
Dated: March 28, 2008.
Emma Monroig,
Solicitor and Designated Agency Ethics Official, United States
Commission on Civil Rights.
Dated: March 28, 2008.
Robert Lerner,
Assistant Staff Director for Civil Rights Enforcement, Delegated Duties
of the Staff Director, United States Commission on Civil Rights.
Approved: April 2, 2008.
Robert I. Cusick,
Director, Office of Government Ethics.
0
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 amending 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 executive branchwide 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 executive branch 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). Volunteer professional services, however, may be
``generally approved'' in advance as described in paragraph (e) of this
section.
(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, ``outside 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.
(e)(1) The Commission may designate volunteer activities as
``generally approved,'' or preapproved by the DAEO, in order to
facilitate the participation of the Commission's professional and
nonprofessional staff (whether involving legal or non-legal services).
Non-representational pro bono legal services designated as ``generally
approved'' require employees to notify the DAEO, the General Counsel
(GC), and the employee's supervisor (if different from the GC) prior to
the employee's participation; however, no additional prior approval is
required. Representational pro bono legal services designated as
``generally approved'' still require prior case-specific written
approval by the DAEO pursuant to this section, and notification of the
GC and the employee's supervisor (if different from the GC). Non-legal
professional volunteer activities designated as ``generally approved''
require employees to notify their supervisor and the DAEO. However, no
additional prior written approval is required.
(2) To provide professional services or advice to a program or
activity not designated as ``generally approved,'' the employee must
notify his or her supervisor and submit a written request and
justification in advance to the DAEO. In addition, in order to provide
pro bono legal services the employee must notify the GC (if the GC is
not the employee's supervisor). If providing representational pro bono
legal services, the employee must also obtain written case-specific
prior approval from the DAEO pursuant to this section. All requests for
approval submitted to the DAEO must reflect that the required
notifications were made by the employee. All DAEO approvals must be in
writing.
[FR Doc. E8-13170 Filed 6-12-08; 8:45 am]
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