Supplemental Standards of Ethical Conduct for Employees of the U.S. Office of Special Counsel, 44789-44790 [2020-14932]
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44789
Proposed Rules
Federal Register
Vol. 85, No. 143
Friday, July 24, 2020
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.
OFFICE OF SPECIAL COUNSEL
5 CFR Part 10201
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:
Proposed rule.
The U.S. Office of Special
Counsel, with the concurrence of the
U.S. Office of Government Ethics (OGE),
proposes 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.
SUMMARY:
Interested parties should submit
comments to OSC at one of the
addresses shown below on or before
August 24, 2020 to be considered in the
formulation of a final rule.
ADDRESSES: You may submit written
comments to OSC on the proposed rule
by any of the following methods:
• Email: frliaison@osc.gov. Include
the Regulatory Identification Number
(RIN) 3209–AA53 in the subject line of
the message.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions on the portal for submitting
comments.
Instructions: All submissions must
include the agency’s name ‘‘OSC’’ and
the RIN 3209–AA53. All comments
received may be posted without change
to www.osc.gov, including any personal
information provided.
FOR FURTHER INFORMATION CONTACT:
Heidi R. Morrison, Alternate Designated
Agency Ethics Official, U.S. Office of
Special Counsel, by email at frliaison@
osc.gov or by telephone at (202) 804–
7000.
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DATES:
SUPPLEMENTARY INFORMATION:
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Jkt 250001
I. Background
On August 7, 1992, OGE published
the OGE Standards of Ethical Conduct
for Employees of the Executive Branch
(OGE Standards). See 57 FR 35006–
35067, as corrected at 57 FR 48557, 57
FR 52483, and 60 FR 51167, with
additional grace period extensions for
certain existing provisions at 59 FR
4779–4780, 60 FR 6390–6391, and 60
FR 66857–66858. The OGE Standards,
codified at 5 CFR part 2635, effective
February 3, 1993, established uniform
standards of ethical conduct that apply
to all executive branch personnel.
Section 2635.105 of the OGE Standards
authorizes an agency, with the
concurrence of OGE, to adopt agency
specific supplemental regulations that
are necessary to properly implement its
ethics program. OSC, with OGE’s
concurrence, has determined that the
following supplemental rule is
necessary and appropriate for successful
implementation of OSC’s ethics
program.
II. Analysis of the Proposed Regulations
Section 10201.101 General
Section 10201.101 explains that these
regulations apply to OSC employees and
supplement the OGE Standards.
Section 10201.102 Prior Approval for
Outside Employment or Activity
OSC has determined that it is
necessary for the purpose of
administering its ethics program to
require its employees to obtain approval
before engaging in outside employment
or activities. The approval requirement
will help ensure that potential ethical
problems are resolved before employees
begin outside employment or activities
that could involve a violation of
applicable statutes and OGE Standards
and to remind OSC attorneys to consult
their applicable state bar rules of
professional conduct.
Section 10201.102(a) requires an OSC
employee to obtain written approval
from the Designated Agency Ethics
Official (DAEO) or the Alternate
Designated Agency Ethics Official
(ADAEO) before engaging in any outside
employment or activity.
Section 10201.102(b) defines outside
‘‘employment’’ or ‘‘activity’’ for
purposes of this regulation to cover any
form of non-Federal employment or
business relationship involving the
provision of services, whether for
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
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. The
definition of ‘‘employment’’ and
‘‘activity’’ does not cover outside
speaking or writing activities done on
either an uncompensated or
compensated basis.
A note following paragraph (b) of
§ 10201.102 highlights that employees
who wish to engage in speaking or
writing in a personal capacity are
subject to a number of Federal ethics
laws, and although not required to seek
prior approval before engaging in those
activities under the proposed rule, are
encouraged to seek guidance from an
agency ethics official. The note also
reminds OSC attorneys that they are
responsible for ensuring their outside
conduct comports with the rules of
professional conduct imposed by their
state bar association.
Section 10201.102(c) provides that
OSC’s DAEO or ADAEO will grant
approval when the outside employment
or activity is not expected to involve
conduct prohibited by statute or Federal
regulation, including 5 CFR part 2635.
Section 10201.102(d) provides that
OSC’s DAEO or ADAEO may issue
instructions governing the submission
of requests for approval of outside
employment or activity, which may
exempt categories of employment or
activity from the prior approval
requirement of this section based on a
determination that employment or
activity within those categories would
generally be approved and is not likely
to involve conduct prohibited by statute
or Federal regulation, including 5 CFR
part 2635.
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.
E:\FR\FM\24JYP1.SGM
24JYP1
44790
Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Proposed Rules
Executive Order 12866 and Executive
Order 13771
TITLE 5—ADMINISTRATIVE
PERSONNEL
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.
CHAPTER CII—U.S. OFFICE OF SPECIAL
COUNSEL
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)
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: June 25, 2020.
Travis G. Millsaps,
Deputy Special Counsel for Public Policy, U.S.
Office of Special Counsel.
Emory Rounds,
Director, U.S. Office of Government Ethics.
For the reasons set forth in the
preamble, the U.S. Office of Special
Counsel, with the concurrence of the
U.S. Office of Government Ethics, is
proposing to amend title 5 of the Code
of Federal Regulations by adding a new
chapter CII, consisting of part 10201, to
read as follows:
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VerDate Sep<11>2014
18:02 Jul 23, 2020
Jkt 250001
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); Exec. Order No. 12674, 54 FR 15159,
3 CFR, 1989 Comp., p. 215, as modified by
Exec. Order No. 12731, 55 FR 42547, 3 CFR,
1990 Comp., p. 306; 5 CFR 2635.105,
2635.803.
§ 10201.101
This rule will have no physical
impact upon the environment and
therefore will not require any further
review under the NEPA.
■
PART 10201—SUPPLEMENTAL
STANDARDS OF ETHICAL CONDUCT
FOR EMPLOYEES OF THE U.S.
OFFICE OF SPECIAL COUNSEL
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
responsibilities and conduct contained
in 5 CFR part 735.
§ 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.
PO 00000
Frm 00002
Fmt 4702
Sfmt 9990
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. 2020–14932 Filed 7–23–20; 8:45 am]
BILLING CODE 7405–01–P
E:\FR\FM\24JYP1.SGM
24JYP1
Agencies
[Federal Register Volume 85, Number 143 (Friday, July 24, 2020)]
[Proposed Rules]
[Pages 44789-44790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14932]
========================================================================
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. 85, No. 143 / Friday, July 24, 2020 /
Proposed Rules
[[Page 44789]]
-----------------------------------------------------------------------
OFFICE OF SPECIAL COUNSEL
5 CFR Part 10201
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: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Office of Special Counsel, with the concurrence of
the U.S. Office of Government Ethics (OGE), proposes 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: Interested parties should submit comments to OSC at one of the
addresses shown below on or before August 24, 2020 to be considered in
the formulation of a final rule.
ADDRESSES: You may submit written comments to OSC on the proposed rule
by any of the following methods:
Email: [email protected]. Include the Regulatory
Identification Number (RIN) 3209-AA53 in the subject line of the
message.
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions on the portal for submitting comments.
Instructions: All submissions must include the agency's name
``OSC'' and the RIN 3209-AA53. All comments received may be posted
without change to www.osc.gov, including any personal information
provided.
FOR FURTHER INFORMATION CONTACT: Heidi R. Morrison, Alternate
Designated Agency Ethics Official, U.S. Office of Special Counsel, by
email at [email protected] or by telephone at (202) 804-7000.
SUPPLEMENTARY INFORMATION:
I. Background
On August 7, 1992, OGE published the OGE Standards of Ethical
Conduct for Employees of the Executive Branch (OGE Standards). See 57
FR 35006-35067, as corrected at 57 FR 48557, 57 FR 52483, and 60 FR
51167, with additional grace period extensions for certain existing
provisions at 59 FR 4779-4780, 60 FR 6390-6391, and 60 FR 66857-66858.
The OGE Standards, codified at 5 CFR part 2635, effective February 3,
1993, established uniform standards of ethical conduct that apply to
all executive branch personnel. Section 2635.105 of the OGE Standards
authorizes an agency, with the concurrence of OGE, to adopt agency
specific supplemental regulations that are necessary to properly
implement its ethics program. OSC, with OGE's concurrence, has
determined that the following supplemental rule is necessary and
appropriate for successful implementation of OSC's ethics program.
II. Analysis of the Proposed Regulations
Section 10201.101 General
Section 10201.101 explains that these regulations apply to OSC
employees and supplement the OGE Standards.
Section 10201.102 Prior Approval for Outside Employment or Activity
OSC has determined that it is necessary for the purpose of
administering its ethics program to require its employees to obtain
approval before engaging in outside employment or activities. The
approval requirement will help ensure that potential ethical problems
are resolved before employees begin outside employment or activities
that could involve a violation of applicable statutes and OGE Standards
and to remind OSC attorneys to consult their applicable state bar rules
of professional conduct.
Section 10201.102(a) requires an OSC employee to obtain written
approval from the Designated Agency Ethics Official (DAEO) or the
Alternate Designated Agency Ethics Official (ADAEO) before engaging in
any outside employment or activity.
Section 10201.102(b) defines outside ``employment'' or ``activity''
for purposes of this regulation to cover any form of non-Federal
employment or business relationship involving the provision of
services, 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. The definition of ``employment'' and
``activity'' does not cover outside speaking or writing activities done
on either an uncompensated or compensated basis.
A note following paragraph (b) of Sec. 10201.102 highlights that
employees who wish to engage in speaking or writing in a personal
capacity are subject to a number of Federal ethics laws, and although
not required to seek prior approval before engaging in those activities
under the proposed rule, are encouraged to seek guidance from an agency
ethics official. The note also reminds OSC attorneys that they are
responsible for ensuring their outside conduct comports with the rules
of professional conduct imposed by their state bar association.
Section 10201.102(c) provides that OSC's DAEO or ADAEO will grant
approval when the outside employment or activity is not expected to
involve conduct prohibited by statute or Federal regulation, including
5 CFR part 2635.
Section 10201.102(d) provides that OSC's DAEO or ADAEO may issue
instructions governing the submission of requests for approval of
outside employment or activity, which may exempt categories of
employment or activity from the prior approval requirement of this
section based on a determination that employment or activity within
those categories would generally be approved and is not likely to
involve conduct prohibited by statute or Federal regulation, including
5 CFR part 2635.
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.
[[Page 44790]]
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: June 25, 2020.
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 the U.S. Office of Government Ethics,
is proposing to amend 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); Exec. Order No. 12674, 54 FR
15159, 3 CFR, 1989 Comp., p. 215, as modified by Exec. Order No.
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
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. 2020-14932 Filed 7-23-20; 8:45 am]
BILLING CODE 7405-01-P