Rule2021-11720
Supplemental Standards of Ethical Conduct for Employees of the U.S. Office of Special Counsel
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 4, 2021
Effective
June 4, 2021
Issuing agencies
Special Counsel Office
Abstract
The U.S. Office of Special Counsel, with the concurrence of the U.S. Office of Government Ethics (OGE), is finalizing a regulation for OSC employees that supplements the executive branch Standards of Ethical Conduct issued by OGE. The supplemental regulation requires OSC employees to seek prior approval before engaging in outside employment or activity.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 106 (Friday, June 4, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 106 (Friday, June 4, 2021)]
[Rules and Regulations]
[Pages 29931-29932]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-11720]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 86, No. 106 / Friday, June 4, 2021 / Rules
and Regulations
[[Page 29931]]
OFFICE OF SPECIAL COUNSEL
5 CFR Chapter CII
RIN 3209-AA53
Supplemental Standards of Ethical Conduct for Employees of the
U.S. Office of Special Counsel
AGENCY: U.S. Office of Special Counsel (OSC).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Office of Special Counsel, with the concurrence of
the U.S. Office of Government Ethics (OGE), is finalizing a regulation
for OSC employees that supplements the executive branch Standards of
Ethical Conduct issued by OGE. The supplemental regulation requires OSC
employees to seek prior approval before engaging in outside employment
or activity.
DATES: This final rule is effective June 4, 2021.
FOR FURTHER INFORMATION CONTACT: Heidi R. Morrison, Alternate
Designated Agency Ethics Official, U.S. Office of Special Counsel, by
email at <a href="/cdn-cgi/l/email-protection#bfd9cdd3d6ded6ccd0d1ffd0ccdc91d8d0c9"><span class="__cf_email__" data-cfemail="a1c7d3cdc8c0c8d2cecfe1ced2c28fc6ced7">[email protected]</span></a> or by telephone at (202) 804-7000.
SUPPLEMENTARY INFORMATION:
I. Background
On July 24, 2020, OSC, with OGE's concurrence, published a proposed
rule in the Federal Register, 85 FR 44789, proposing to adopt agency
specific supplemental regulations requiring OSC employees to obtain
prior approval before engaging in outside employment or activity. The
proposed rule provided a 30-day comment period, which ended on August
24, 2020. During the comment period OSC received one comment from a
member of the public.
II. Analysis of Comment Received
The comment received strongly supported robust regulations
requiring OSC employees be held ``to the highest ethical standards,''
but did not otherwise address the substance of or suggest changes to
the proposed rule. Therefore, for the reasons detailed in the preamble
of the proposed rule, OSC, with the concurrence of OGE, is issuing this
rule in final without changes.
III. Matters of Regulatory Procedure
Administrative Procedure Act (APA)
This action is taken under the Special Counsel's authority at 5
U.S.C. 1212(e) to publish regulations in the Federal Register.
Executive Order 12866 and Executive Order 13771
This rule is not a significant rule for purposes of Executive Order
12866 and has not been reviewed by the Office of Management and Budget.
This rule is not subject to the requirements of Executive Order 13771
because this rule results in no more than de minimis costs.
Regulatory Flexibility Act (RFA)
As required by the RFA, OSC certifies that this regulation will not
have a significant economic impact on a substantial number of small
entities.
National Environmental Policy Act (NEPA)
This rule will have no physical impact upon the environment and
therefore will not require any further review under the NEPA.
Congressional Review Act (CRA)
This rule relates to agency personnel and does not substantially
affect the rights or obligations of non-agency parties. Therefore, it
does not meet the definition of a ``rule'' at 5 U.S.C. 804 and is not
subject to the procedures of the CRA.
Paperwork Reduction Act (PRA)
OSC has determined that the PRA does not apply because this
regulation does not contain any information collection requirements
that require the approval of the Office of Management and Budget.
List of Subjects in 5 CFR Part 10201
Conflict of interests, Government employees.
Approved: May 27, 2021.
Travis G. Millsaps,
Deputy Special Counsel for Public Policy, U.S. Office of Special
Counsel.
Emory Rounds,
Director, U.S. Office of Government Ethics.
0
For the reasons set forth in the preamble, the U.S. Office of Special
Counsel, with the concurrence of OGE, is amending title 5 of the Code
of Federal Regulations by adding a new chapter CII, consisting of part
10201, to read as follows:
Title 5--Administrative Personnel
Chapter CII--U.S. Office of Special Counsel
PART 10201--SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES
OF THE U.S. OFFICE OF SPECIAL COUNSEL
Sec.
10201.101 General.
10201.102 Prior approval for outside employment or activity.
Authority: 5 U.S.C. 1212(e); 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. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR,
1990 Comp., p. 306; 5 CFR 2635.105, 2635.803.
Sec. 10201.101 General.
(a) Purpose. In accordance with 5 CFR 2635.105, the regulations in
this part apply to employees of the U.S. Office of Special Counsel
(OSC) and supplement the Standards of Ethical Conduct for Employees of
the Executive Branch at 5 CFR part 2635.
(b) Other regulations, guidance, and procedures. In addition to the
standards in 5 CFR part 2635 and this part, all OSC employees are
required to comply with implementing guidance and procedures issued by
OSC in accordance with 5 CFR 2635.105(c). OSC employees are also
subject to all other government-wide regulations concerning executive
branch ethics including without limitation, financial disclosure
regulations contained in 5 CFR part 2634, regulations concerning
financial interests contained in 5 CFR part 2640, post-employment
conflict of interest restrictions contained in 5 CFR part 2641, outside
earned income limitations and employment and affiliation restrictions
applicable to certain noncareer employees contained in 5 CFR part 2636,
and the regulations concerning executive branch employee
[[Page 29932]]
responsibilities and conduct contained in 5 CFR part 735.
Sec. 10201.102 Prior approval for outside employment or activity.
(a) General requirement. Before engaging in any outside employment
or activity, whether or not for compensation, an OSC employee must
obtain written approval from the Designated Agency Ethics Official
(DAEO) or the Alternate Designated Agency Ethics Official (ADAEO),
except to the extent that OSC has issued an internal instruction
pursuant to paragraph (d) of this section exempting certain employment
or activities from this requirement.
Note 1 to paragraph (a). 18 U.S.C. 203(d) and 205(e) require
special approval for certain representational activities in claims
against the Federal Government and other matters affecting the
interests of the government.
(b) Definition of ``outside employment or activity''. For purposes
of this section, ``outside employment or activity'' means any form of
non-Federal employment or business relationship involving the provision
of services by the employee, whether for compensation or not for
compensation. It includes, but is not limited to, serving as an
officer, director, employee, agent, attorney, consultant, contractor,
general partner, trustee, or teacher. The definition does not 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.
Note 2 to paragraph (b). Employees who wish to engage in
compensated speaking or writing in a personal capacity are subject to,
among other things, the provisions of 5 CFR 2635.703 (concerning use of
nonpublic information) and 5 CFR 2635.807 (concerning receipt of
compensation for teaching, speaking, and writing related to one's
duties), and are encouraged to seek guidance from an agency ethics
official before engaging in such activities. Certain covered non-career
employees are also subject to further restrictions on receipt of
outside compensation pursuant to section 502 of the Ethics in
Government Act (5 U.S.C. app.). In addition, OSC attorneys should
consult their applicable state bar rules of professional conduct.
(c) Standard for approval. Approval shall be granted by the DAEO or
ADAEO upon a determination that the outside employment or activity is
not expected to involve conduct prohibited by statute or Federal
regulation, including 5 CFR part 2635.
(d) Implementation guidance. The DAEO or ADAEO may issue internal
instructions governing the submission of requests for approval of
outside employment or activity. The instructions may exempt categories
of employment or activities from the prior approval requirement of this
section based on a determination that those categories generally would
be approved and are not likely to involve prohibited conduct or create
an appearance of lack of impartiality.
[FR Doc. 2021-11720 Filed 6-3-21; 8:45 am]
BILLING CODE 7405-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on June 4, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.