[Federal Register: August 30, 2006 (Volume 71, Number 168)]
[Proposed Rules]
[Page 51533-51534]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30au06-29]
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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.
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[[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.
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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 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 emonroig@usccr.gov. 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