Supplemental Standards of Ethical Conduct for Employees of the Court Services and Offender Supervision Agency for the District of Columbia, 22293-22295 [2011-9027]
Download as PDF
<![CDATA[
22293
Rules and Regulations
Federal Register
Vol. 76, No. 77
Thursday, April 21, 2011
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. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
COURT SERVICES AND OFFENDER
SUPERVISION AGENCY FOR THE
DISTRICT OF COLUMBIA
5 CFR Chapter LXX
[CSOSA–0009–P]
RIN 3209–AA15 and 3225–AA07
Supplemental Standards of Ethical
Conduct for Employees of the Court
Services and Offender Supervision
Agency for the District of Columbia
Court Services and Offender
Supervision Agency for the District of
Columbia.
ACTION: Interim rule with request for
comments.
AGENCY:
The Court Services and
Offender Supervision Agency for the
District of Columbia (CSOSA or
Agency), with the concurrence of the
Office of Government Ethics (OGE), is
issuing interim regulations for
employees of CSOSA and for employees
of the District of Columbia Pretrial
Services Agency (PSA), an independent
entity within CSOSA, that supplement
the Standards of Ethical Conduct
(Standards) for Employees of the
Executive Branch issued by OGE.
CSOSA’s supplemental regulations
address requirements for outside
employment. These requirements are
necessary to address ethical conduct
standards pertinent to an agency with a
criminal justice mission.
DATES: This interim rule is effective
April 21, 2011. Written comments must
be received by May 23, 2011.
ADDRESSES: You may submit comments,
identified by RIN numbers 3209–AA15
and 3225–AA07, by any of the following
methods:
1. Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
2. E-mail to
generalcounsel.helpdesk@csosa.gov.
WReier-Aviles on DSKGBLS3C1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
15:00 Apr 20, 2011
Jkt 223001
Include RIN numbers 3209–AA15 and
3225–AA07 in the subject line of the
message.
3. Mail to Theresa A. Rowell,
Assistant General Counsel, Office of the
General Counsel, Court Services and
Offender Supervision Agency, Room
1378, 633 Indiana Avenue, NW.,
Washington, DC 20004.
4. Hand Delivery or Courier to
Theresa A. Rowell, Assistant General
Counsel, Office of the General Counsel,
Court Services and Offender
Supervision Agency, Room 1378, 633
Indiana Avenue, NW., Washington, DC
20004.
FOR FURTHER INFORMATION CONTACT:
Theresa A. Rowell, Assistant General
Counsel, Office of General Counsel,
telephone: (202) 220–5364; e-mail:
theresa.rowell@csosa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 2635.105 of the Standards
authorizes executive branch agencies to
publish, with the concurrence of OGE,
agency-specific supplemental
regulations that are necessary to
implement their respective ethics
programs. Accordingly, CSOSA, with
the concurrence of OGE, has determined
that the following supplemental
regulation is necessary for the success of
its ethical program.
II. Analysis of the Regulations
Section 8001.101 General
Section 8001.101 explains that these
regulations supplement the executivewide Standards and remind CSOSA and
PSA employees that they remain subject
to the Standards and to executive
branch-wide financial disclosure
regulations.
Section 8001.102 Prior Approval for
Outside Employment
Where it is determined to be
necessary or desirable for the purpose of
administering an agency’s ethics
program, 5 CFR 2635.803 authorizes an
agency to issue supplemental
regulations requiring agency employees
to obtain prior approval before engaging
in outside employment. Given the
nature of its criminal justice mission,
CSOSA and PSA have determined that
it is necessary to monitor the outside
employment of CSOSA and PSA
employees, to ensure public confidence
in the impartiality and objectivity with
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
which CSOSA and PSA carry out their
mission, and to avoid any appearance of
misuse of position. CSOSA provides
supervision, through qualified
supervision officers, to offenders on
probation, parole, and supervised
release for violation of District of
Columbia Code offenses. Accordingly,
CSOSA supervises all offenders placed
on probation by the Superior Court of
the District of Columbia (Superior
Court), and all individuals on parole
pursuant to the District of Columbia
Code. CSOSA provides supervision to
offenders from other jurisdictions in
accordance with the provisions of the
Interstate Parole and Probation
Compact. PSA is responsible for
securing pertinent data and providing
for any judicial officer in the District of
Columbia or any officer or member of
the Metropolitan Police Department
issuing citations, reports containing
verified information concerning any
individual with respect to whom a bail
or citation determination is to be made.
PSA supervises defendants released
from custody by the Superior Court and
by the United States District Court
during the pretrial period by monitoring
compliance with conditions of release
and by assuring that they appear for
scheduled court hearings. PSA also
provides courtesy supervision of
defendants for other Federal and State
pretrial agencies. An employee’s outside
employment may conflict with the
employee’s official duties or create the
appearance that the employee is
violating the law or ethical standards
due to contacts with offenders/
defendants, their families and/or close
associates during the course of such
employment.
Section 8001.102(a) requires CSOSA
and PSA employees to obtain prior
written approval from the employee’s
immediate supervisor and the
Designated Agency Ethics Official
(DAEO) before engaging in outside
employment. The approval requirement
will help to ensure that potential ethical
problems are identified and resolved
before employees begin outside
employment that could involve a
violation of applicable statutes and
standards of conduct.
Section 8001.102(b) defines
employment to cover any form of nonFederal employment, business
relationship, or activity involving the
provision of personal services by the
E:\FR\FM\21APR1.SGM
21APR1
WReier-Aviles on DSKGBLS3C1PROD with RULES
22294
Federal Register / Vol. 76, No. 77 / Thursday, April 21, 2011 / Rules and Regulations
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 when 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 the
participation involves the provision of
professional services or advice for
compensation other than reimbursement
for actual expenses, the organization’s
activities are devoted substantially to
matters relating to the employee’s
official duties, or involves conduct
prohibited by statute or Federal
regulation, including 5 CFR part 2635
and paragraph (c) of this section.
Section 8001.102(c) establishes the
standard to be used in approving
requests for outside employment.
Approval shall be granted only upon a
determination that the outside
employment is not expected to involve
conduct prohibited by statute or Federal
regulation, including 5 CFR part 2635.
The employee’s immediate supervisor
and the DAEO will approve or deny the
employee’s request within seven (7)
calendar days of receiving sufficient
information from the employee to make
such determination.
Section 8001.102(d) states the scope
of the approval, which will be for a
period of three years. At the end of three
years, the employee shall submit a
renewed request for approval in
accordance with this section. However,
where there is a significant change in
the nature or scope of the outside
employment or in the employee’s
official position within the Agency prior
to the three-year period, the employee
must, within ten (10) calendar days,
submit a renewed request for approval.
Section 8001.102(e) sets out the
procedures for requesting prior approval
to engage in outside employment. The
employee shall submit the request,
through the employee’s immediate
supervisor, to the DAEO. The employee
shall complete a form provided by the
DAEO that will set forth, at the
minimum, the description of the
employee’s current position;
information on the prospective
employment, including the nature of the
service to be performed, the anticipated
date, and number of hours of work per
week; whether the prospective employer
has any contractual relationship with
the Federal government; whether the
VerDate Mar<15>2010
15:00 Apr 20, 2011
Jkt 223001
employee will come in contact with
defendants, offenders, family members,
or their representatives in the course of
the outside employment; whether the
prospective employment involves any
criminal justice matters; whether the
employee will be required to testify as
an expert witness in any matter related
to the prospective employment; and
whether the prospective employment
involves solicitation or advertising
services. The request must be submitted
not less than ten (10) calendar days
prior to the date the proposed
employment will begin, in order to
allow completion of the review before
the anticipated start of the outside
employment.
Section 8001.102(f) describes the
appeal process if the request is denied
by the DAEO. The employee may appeal
to the Agency Director if the request is
denied.
Matters of Regulatory Procedure
Administrative Procedure Act
Pursuant to 5 U.S.C. 553(b) and (d)(3),
CSOSA has found good cause for
waiving, as unnecessary and contrary to
the public interest, the general notice of
proposed rulemaking, the opportunity
for advanced public comment, and the
30-day delay in effectiveness as to this
interim rule. The reason for this
determination is based on the fact that
(1) the rulemaking is related to the
internal organization, procedure, and
practice of the Agency; and (2) the
rulemaking pertains to Agency
management and personnel.
Nonetheless, this is an interim
rulemaking with provision for a 30-day
public comment period. The Agency
will review all comments received
during the comment period and will
consider any modifications that appear
appropriate in adopting these rules as
final, with the concurrence and cosignature of the Office of Government
Ethics.
Executive Order 12866
Because this rule relates to CSOSA
and PSA personnel, it is exempt from
the provisions of Executive Order No.
12866.
Executive Order 13132
This rule will not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or on
distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with Executive Order 13132,
CSOSA has determined that this rule
does not have sufficient federalism
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
implications to warrant the preparation
of a Federalism Assessment.
Regulatory Flexibility Act
CSOSA, in accordance with the
Regulatory Flexibility Act (5 U.S.C.
605(b)), has reviewed this rule and by
approving it certifies that this rule will
not have a significant economic impact
upon a substantial number of small
entities. This rule pertains to Agency
management, and its economic impact
is limited to the Agency’s appropriated
funds.
Unfunded Mandates Reform Act of 1995
This rule will not result in the
expenditure by State, local and Tribal
governments, in the aggregate, or by the
private sector, of $100,000,000 or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, CSOSA has
determined that no actions are
necessary under the provisions of the
Unfunded Mandates Reform Act of
1995.
Small Business Regulatory Enforcement
Fairness Act of 1996
This rule is not a major rule as
defined by sec. 804 of the Small
Business Regulatory Enforcement
Fairness Act of 1996. This rule will not
result in an annual effect on the
economy of $100,000,000 or more; a
major increase in costs or prices; or
significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
ability of United States-based
companies to compete with foreignbased companies in domestic and
export markets.
Paperwork Reduction Act
The Paperwork Reduction Act, 44
U.S.C. chapter 35, does not apply
because this rulemaking does not
contain information collection
requirements subject to the approval of
the Office of Management and Budget.
Congressional Review Act
CSOSA has determined that this rule
is not a rule as defined in 5 U.S.C. 804,
and thus, does not require review by
Congress.
Plain Language Instructions
We want to make CSOSA’s
documents easy to read and understand.
If you have suggestions on how to
improve the clarity of these regulations,
write, e-mail, or call the Office of
General Counsel at the address or
telephone number given above in the
ADDRESSES and FOR FURTHER
INFORMATION CONTACT captions.
E:\FR\FM\21APR1.SGM
21APR1
Federal Register / Vol. 76, No. 77 / Thursday, April 21, 2011 / Rules and Regulations
List of Subjects in 5 CFR Part 8001
Conflict of interests, Government
employees.
Accordingly, for the reasons set for in
the preamble, the Court Services and
Offender Supervision Agency for the
District of Columbia, with the
concurrence of the Office of
Government Ethics, is amending title 5
of the Code of Federal Regulations by
adding a new chapter LXX, consisting of
part 8001, to read as follows.
CHAPTER LXX—COURT SERVICES AND
OFFENDER SUPERVISION AGENCY FOR
THE DISTRICT OF COLUMBIA
PART 8001—SUPPLEMENTAL
STANDARDS OF ETHICAL CONDUCT
FOR EMPLOYEES OF THE COURT
SERVICES AND OFFENDER
SUPERVISION AGENCY
Sec.
8001.101 General.
8001.102 Prior approval for outside
employment.
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.
215, as modified by E.O. 12731, 55 FR 42547,
3 CFR, 1990 Comp., p. 306; 5 CFR 2635.105,
2635.801, 2635.802, 2635.803.
§ 8001.101
General.
(a) Purpose. In accordance with 5 CFR
2635.105, the regulations in this part
apply to the employees of the Court
Services and Offender Supervision
Agency (CSOSA or Agency), and the
employees of the Pretrial Services
Agency (PSA or Agency), an
independent entity within CSOSA. The
regulations in this part supplement the
Standards of Conduct for Employees of
the Executive Branch contained in 5
CFR part 2635.
(b) Cross-references. In addition to 5
CFR part 2635 and this part, CSOSA and
PSA employees are subject to the
executive branch financial disclosure
regulations at 5 CFR part 2634, the
regulations concerning executive branch
financial interest contained in 5 CFR
part 2640, and the regulations
concerning executive branch employee
responsibilities and conduct contained
in 5 CFR part 735.
WReier-Aviles on DSKGBLS3C1PROD with RULES
§ 8001.102 Prior approval for outside
employment.
(a) Prior approval requirement. An
employee, other than a special
Government employee, must obtain
written approval from the employee’s
immediate supervisor and the
Designated Agency Ethics Official
(DAEO) before engaging in any outside
employment, whether or not for
compensation.
VerDate Mar<15>2010
15:00 Apr 20, 2011
Jkt 223001
(b) Definition of employment. 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
when 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 the participation
involves the provision of professional
services or advice for compensation
other than reimbursement for actual
expenses, the organization’s activities
are devoted substantially to matters
relating to the employee’s official
duties, or involves conduct prohibited
by statute or Federal regulation,
including 5 CFR part 2635 and
paragraph (c) of this section.
(c) Standard of approval. Approval
shall be granted only 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. The employee’s immediate
supervisor and the DAEO shall approve
or deny the employee’s request for prior
approval of outside employment within
seven (7) calendar days of receiving
from the employee complete
information necessary to make such a
determination.
(d) Scope of approval. Approval will
be for a period of three years, after
which the employee must request
renewed approval in accordance with
this section. If during the approved
three-year period there is a significant
change in the nature or scope of the
outside employment or in the
employee’s Agency position or duties,
the employee shall submit a renewed
request for approval within ten (10)
calendar days of the change.
(e) Submission of application. The
employee shall submit the request on a
form provided by the DAEO through the
employee’s immediate supervisor. The
request must be submitted not less than
ten (10) calendar days prior to the date
the proposed employment will begin, in
order to allow for completion of the
review before the anticipated start of the
outside employment. The form shall set
forth at the minimum the description of
the employee’s current position;
PO 00000
Frm 00003
Fmt 4700
Sfmt 9990
22295
information on the prospective
employment, including the nature of the
service to be performed, the anticipated
date, and number of hours of work per
week; whether the prospective employer
has any contractual relationship with
the Federal government; whether the
employee will come in contact with
defendants, offenders, family members,
or their representatives in the course of
the outside employment; whether the
prospective employment involves any
criminal justice matters; whether the
employee will be required to testify as
an expert witness in any matter related
to the prospective employment; and
whether the prospective employment
involves solicitation or advertising
services.
(f) Appeal. If the Designated Agency
Ethics Official denied the request, the
employee may appeal that decision to
the Agency Director.
Adrienne Poteat,
Deputy Director, Court Services and Offender
Supervision Agency.
Robert I. Cusick,
Director, Office of Government Ethics.
[FR Doc. 2011–9027 Filed 4–20–11; 8:45 am]
BILLING CODE 3129–04–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
9 CFR Part 145
[Docket No. APHIS–2009–0031]
RIN 0579–AD21
National Poultry Improvement Plan and
Auxiliary Provisions
Correction
In rule document 2011–6539
appearing on pages 15791–15798 in the
issue of Tuesday, March 22, 2011, make
the following corrections:
§ 145.52
[Corrected]
On page 15794, in the first column,
immediately following the text of
§ 145.52, add the following asterisks:
*
*
*
*
*
[FR Doc. C1–2011–6539 Filed 4–20–11; 8:45 am]
BILLING CODE 1505–01–D
E:\FR\FM\21APR1.SGM
21APR1
]]>Agencies
[Federal Register Volume 76, Number 77 (Thursday, April 21, 2011)]
[Rules and Regulations]
[Pages 22293-22295]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9027]
========================================================================
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.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 76, No. 77 / Thursday, April 21, 2011 / Rules
and Regulations
[[Page 22293]]
COURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF
COLUMBIA
5 CFR Chapter LXX
[CSOSA-0009-P]
RIN 3209-AA15 and 3225-AA07
Supplemental Standards of Ethical Conduct for Employees of the
Court Services and Offender Supervision Agency for the District of
Columbia
AGENCY: Court Services and Offender Supervision Agency for the District
of Columbia.
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Court Services and Offender Supervision Agency for the
District of Columbia (CSOSA or Agency), with the concurrence of the
Office of Government Ethics (OGE), is issuing interim regulations for
employees of CSOSA and for employees of the District of Columbia
Pretrial Services Agency (PSA), an independent entity within CSOSA,
that supplement the Standards of Ethical Conduct (Standards) for
Employees of the Executive Branch issued by OGE. CSOSA's supplemental
regulations address requirements for outside employment. These
requirements are necessary to address ethical conduct standards
pertinent to an agency with a criminal justice mission.
DATES: This interim rule is effective April 21, 2011. Written comments
must be received by May 23, 2011.
ADDRESSES: You may submit comments, identified by RIN numbers 3209-AA15
and 3225-AA07, by any of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments.
2. E-mail to generalcounsel.helpdesk@csosa.gov. Include RIN numbers
3209-AA15 and 3225-AA07 in the subject line of the message.
3. Mail to Theresa A. Rowell, Assistant General Counsel, Office of
the General Counsel, Court Services and Offender Supervision Agency,
Room 1378, 633 Indiana Avenue, NW., Washington, DC 20004.
4. Hand Delivery or Courier to Theresa A. Rowell, Assistant General
Counsel, Office of the General Counsel, Court Services and Offender
Supervision Agency, Room 1378, 633 Indiana Avenue, NW., Washington, DC
20004.
FOR FURTHER INFORMATION CONTACT: Theresa A. Rowell, Assistant General
Counsel, Office of General Counsel, telephone: (202) 220-5364; e-mail:
theresa.rowell@csosa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 2635.105 of the Standards authorizes executive branch
agencies to publish, with the concurrence of OGE, agency-specific
supplemental regulations that are necessary to implement their
respective ethics programs. Accordingly, CSOSA, with the concurrence of
OGE, has determined that the following supplemental regulation is
necessary for the success of its ethical program.
II. Analysis of the Regulations
Section 8001.101 General
Section 8001.101 explains that these regulations supplement the
executive-wide Standards and remind CSOSA and PSA employees that they
remain subject to the Standards and to executive branch-wide financial
disclosure regulations.
Section 8001.102 Prior Approval for Outside Employment
Where it is determined to be necessary or desirable for the purpose
of administering an agency's ethics program, 5 CFR 2635.803 authorizes
an agency to issue supplemental regulations requiring agency employees
to obtain prior approval before engaging in outside employment. Given
the nature of its criminal justice mission, CSOSA and PSA have
determined that it is necessary to monitor the outside employment of
CSOSA and PSA employees, to ensure public confidence in the
impartiality and objectivity with which CSOSA and PSA carry out their
mission, and to avoid any appearance of misuse of position. CSOSA
provides supervision, through qualified supervision officers, to
offenders on probation, parole, and supervised release for violation of
District of Columbia Code offenses. Accordingly, CSOSA supervises all
offenders placed on probation by the Superior Court of the District of
Columbia (Superior Court), and all individuals on parole pursuant to
the District of Columbia Code. CSOSA provides supervision to offenders
from other jurisdictions in accordance with the provisions of the
Interstate Parole and Probation Compact. PSA is responsible for
securing pertinent data and providing for any judicial officer in the
District of Columbia or any officer or member of the Metropolitan
Police Department issuing citations, reports containing verified
information concerning any individual with respect to whom a bail or
citation determination is to be made. PSA supervises defendants
released from custody by the Superior Court and by the United States
District Court during the pretrial period by monitoring compliance with
conditions of release and by assuring that they appear for scheduled
court hearings. PSA also provides courtesy supervision of defendants
for other Federal and State pretrial agencies. An employee's outside
employment may conflict with the employee's official duties or create
the appearance that the employee is violating the law or ethical
standards due to contacts with offenders/defendants, their families
and/or close associates during the course of such employment.
Section 8001.102(a) requires CSOSA and PSA employees to obtain
prior written approval from the employee's immediate supervisor and the
Designated Agency Ethics Official (DAEO) before engaging in outside
employment. The approval requirement will help to ensure that potential
ethical problems are identified and resolved before employees begin
outside employment that could involve a violation of applicable
statutes and standards of conduct.
Section 8001.102(b) defines employment to cover any form of non-
Federal employment, business relationship, or activity involving the
provision of personal services by the
[[Page 22294]]
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 when 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 the participation involves the provision of professional
services or advice for compensation other than reimbursement for actual
expenses, the organization's activities are devoted substantially to
matters relating to the employee's official duties, or involves conduct
prohibited by statute or Federal regulation, including 5 CFR part 2635
and paragraph (c) of this section.
Section 8001.102(c) establishes the standard to be used in
approving requests for outside employment. Approval shall be granted
only upon a determination that the outside employment is not expected
to involve conduct prohibited by statute or Federal regulation,
including 5 CFR part 2635. The employee's immediate supervisor and the
DAEO will approve or deny the employee's request within seven (7)
calendar days of receiving sufficient information from the employee to
make such determination.
Section 8001.102(d) states the scope of the approval, which will be
for a period of three years. At the end of three years, the employee
shall submit a renewed request for approval in accordance with this
section. However, where there is a significant change in the nature or
scope of the outside employment or in the employee's official position
within the Agency prior to the three-year period, the employee must,
within ten (10) calendar days, submit a renewed request for approval.
Section 8001.102(e) sets out the procedures for requesting prior
approval to engage in outside employment. The employee shall submit the
request, through the employee's immediate supervisor, to the DAEO. The
employee shall complete a form provided by the DAEO that will set
forth, at the minimum, the description of the employee's current
position; information on the prospective employment, including the
nature of the service to be performed, the anticipated date, and number
of hours of work per week; whether the prospective employer has any
contractual relationship with the Federal government; whether the
employee will come in contact with defendants, offenders, family
members, or their representatives in the course of the outside
employment; whether the prospective employment involves any criminal
justice matters; whether the employee will be required to testify as an
expert witness in any matter related to the prospective employment; and
whether the prospective employment involves solicitation or advertising
services. The request must be submitted not less than ten (10) calendar
days prior to the date the proposed employment will begin, in order to
allow completion of the review before the anticipated start of the
outside employment.
Section 8001.102(f) describes the appeal process if the request is
denied by the DAEO. The employee may appeal to the Agency Director if
the request is denied.
Matters of Regulatory Procedure
Administrative Procedure Act
Pursuant to 5 U.S.C. 553(b) and (d)(3), CSOSA has found good cause
for waiving, as unnecessary and contrary to the public interest, the
general notice of proposed rulemaking, the opportunity for advanced
public comment, and the 30-day delay in effectiveness as to this
interim rule. The reason for this determination is based on the fact
that (1) the rulemaking is related to the internal organization,
procedure, and practice of the Agency; and (2) the rulemaking pertains
to Agency management and personnel. Nonetheless, this is an interim
rulemaking with provision for a 30-day public comment period. The
Agency will review all comments received during the comment period and
will consider any modifications that appear appropriate in adopting
these rules as final, with the concurrence and co-signature of the
Office of Government Ethics.
Executive Order 12866
Because this rule relates to CSOSA and PSA personnel, it is exempt
from the provisions of Executive Order No. 12866.
Executive Order 13132
This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on distribution of power and responsibilities among the various levels
of government. Therefore, in accordance with Executive Order 13132,
CSOSA has determined that this rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Regulatory Flexibility Act
CSOSA, in accordance with the Regulatory Flexibility Act (5 U.S.C.
605(b)), has reviewed this rule and by approving it certifies that this
rule will not have a significant economic impact upon a substantial
number of small entities. This rule pertains to Agency management, and
its economic impact is limited to the Agency's appropriated funds.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local and
Tribal governments, in the aggregate, or by the private sector, of
$100,000,000 or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, CSOSA has determined that
no actions are necessary under the provisions of the Unfunded Mandates
Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by sec. 804 of the Small
Business Regulatory Enforcement Fairness Act of 1996. This rule will
not result in an annual effect on the economy of $100,000,000 or more;
a major increase in costs or prices; or significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.
Paperwork Reduction Act
The Paperwork Reduction Act, 44 U.S.C. chapter 35, does not apply
because this rulemaking does not contain information collection
requirements subject to the approval of the Office of Management and
Budget.
Congressional Review Act
CSOSA has determined that this rule is not a rule as defined in 5
U.S.C. 804, and thus, does not require review by Congress.
Plain Language Instructions
We want to make CSOSA's documents easy to read and understand. If
you have suggestions on how to improve the clarity of these
regulations, write, e-mail, or call the Office of General Counsel at
the address or telephone number given above in the ADDRESSES and FOR
FURTHER INFORMATION CONTACT captions.
[[Page 22295]]
List of Subjects in 5 CFR Part 8001
Conflict of interests, Government employees.
Accordingly, for the reasons set for in the preamble, the Court
Services and Offender Supervision Agency for the District of Columbia,
with the concurrence of the Office of Government Ethics, is amending
title 5 of the Code of Federal Regulations by adding a new chapter LXX,
consisting of part 8001, to read as follows.
CHAPTER LXX--COURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE
DISTRICT OF COLUMBIA
PART 8001--SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES
OF THE COURT SERVICES AND OFFENDER SUPERVISION AGENCY
Sec.
8001.101 General.
8001.102 Prior approval for outside employment.
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. 215, as
modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306; 5
CFR 2635.105, 2635.801, 2635.802, 2635.803.
Sec. 8001.101 General.
(a) Purpose. In accordance with 5 CFR 2635.105, the regulations in
this part apply to the employees of the Court Services and Offender
Supervision Agency (CSOSA or Agency), and the employees of the Pretrial
Services Agency (PSA or Agency), an independent entity within CSOSA.
The regulations in this part supplement the Standards of Conduct for
Employees of the Executive Branch contained in 5 CFR part 2635.
(b) Cross-references. In addition to 5 CFR part 2635 and this part,
CSOSA and PSA employees are subject to the executive branch financial
disclosure regulations at 5 CFR part 2634, the regulations concerning
executive branch financial interest contained in 5 CFR part 2640, and
the regulations concerning executive branch employee responsibilities
and conduct contained in 5 CFR part 735.
Sec. 8001.102 Prior approval for outside employment.
(a) Prior approval requirement. An employee, other than a special
Government employee, must obtain written approval from the employee's
immediate supervisor and the Designated Agency Ethics Official (DAEO)
before engaging in any outside employment, whether or not for
compensation.
(b) Definition of employment. 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 when 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 the participation involves the provision of professional
services or advice for compensation other than reimbursement for actual
expenses, the organization's activities are devoted substantially to
matters relating to the employee's official duties, or involves conduct
prohibited by statute or Federal regulation, including 5 CFR part 2635
and paragraph (c) of this section.
(c) Standard of approval. Approval shall be granted only 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. The employee's immediate supervisor and the
DAEO shall approve or deny the employee's request for prior approval of
outside employment within seven (7) calendar days of receiving from the
employee complete information necessary to make such a determination.
(d) Scope of approval. Approval will be for a period of three
years, after which the employee must request renewed approval in
accordance with this section. If during the approved three-year period
there is a significant change in the nature or scope of the outside
employment or in the employee's Agency position or duties, the employee
shall submit a renewed request for approval within ten (10) calendar
days of the change.
(e) Submission of application. The employee shall submit the
request on a form provided by the DAEO through the employee's immediate
supervisor. The request must be submitted not less than ten (10)
calendar days prior to the date the proposed employment will begin, in
order to allow for completion of the review before the anticipated
start of the outside employment. The form shall set forth at the
minimum the description of the employee's current position; information
on the prospective employment, including the nature of the service to
be performed, the anticipated date, and number of hours of work per
week; whether the prospective employer has any contractual relationship
with the Federal government; whether the employee will come in contact
with defendants, offenders, family members, or their representatives in
the course of the outside employment; whether the prospective
employment involves any criminal justice matters; whether the employee
will be required to testify as an expert witness in any matter related
to the prospective employment; and whether the prospective employment
involves solicitation or advertising services.
(f) Appeal. If the Designated Agency Ethics Official denied the
request, the employee may appeal that decision to the Agency Director.
Adrienne Poteat,
Deputy Director, Court Services and Offender Supervision Agency.
Robert I. Cusick,
Director, Office of Government Ethics.
[FR Doc. 2011-9027 Filed 4-20-11; 8:45 am]
BILLING CODE 3129-04-P
