[Federal Register Volume 61, Number 38 (Monday, February 26, 1996)]
[Rules and Regulations]
[Pages 7065-7067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4115]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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Federal Register / Vol. 61, No. 38 / Monday, February 26, 1996 /
Rules and Regulations
[[Page 7065]]
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
5 CFR Chapter LXII
29 CFR Parts 1600 and 1650
RIN 3209-AA15
Supplemental Standards of Ethical Conduct for Employees of the
Equal Employment Opportunity Commission
AGENCY: Equal Employment Opportunity Commission (EEOC or Commission).
ACTION: Interim rule with request for comments.
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SUMMARY: The Equal Employment Opportunity Commission, with the
concurrence of the Office of Government Ethics (OGE), is issuing a
regulation for employees of EEOC that supplements the Standards of
Ethical Conduct for Employees of the Executive Branch issued by OGE.
The EEOC is also repealing its existing agency standards of conduct
regulations that have been superseded by OGE's Standards of Ethical
Conduct, OGE's financial disclosure regulation and this interim rule.
DATES: This rule is effective on February 26, 1996. Written comments on
the interim rule must be received on or before April 26, 1996.
ADDRESSES: Comments should be submitted to the Office of the Executive
Secretariat, Equal Employment Opportunity Commission, 1801 L Street,
NW., Washington, DC 20507. Copies of comments submitted by the public
will be available for review at the Commission's Library, room 6502,
1801 L Street, NW., Washington, DC between the hours of 9:30 a.m. and
5:00 p.m.
FOR FURTHER INFORMATION CONTACT:
Nicholas M. Inzeo, Associate Legal Counsel, Thomas J. Schlageter,
Assistant Legal Counsel, or Kathleen Oram, Senior Attorney, at (202)
663-4669 or TDD (202) 663-7026. This notice is also available in the
following formats: large print, braille, audio tape and electronic file
on computer disk. Requests for this notice in an alternative format
should be made to EEOC's Publications Center at 1-800-669-3362.
SUPPLEMENTARY INFORMATION:
I. Background
On August 7, 1992, the Office of Government Ethics published the
Standards of Ethical Conduct for Employees of the Executive Branch
(Standards) for codification at 5 CFR part 2635. See 57 FR 35006-35067,
as corrected at 57 FR 48557 and 57 FR 52583 with an additional grace
period extension at 59 FR 4779-4780. The Standards, effective February
3, 1993, set uniform ethical conduct standards applicable to all
executive branch personnel.
Section 2635.105 of the uniform Standards authorizes agencies, with
the concurrence of OGE, to publish agency-specific supplemental
regulations that are necessary to properly implement their respective
ethics programs. The Commission, with OGE's concurrence, has determined
that the following interim supplemental rule is necessary for
successful implementation of its ethics program.
II. Analysis of the Regulations
Section 7201.101 General
Section 7201.101 explains that the regulations apply to all
employees of the EEOC, including members of the Commission and the
General Counsel, and that they supplement the OGE Standards.
Section 7201.102 Prohibited Outside Employment
5 CFR 2635.802 provides that an employee shall not engage in
outside employment if it is prohibited by agency supplemental
regulation. The Commission is issuing Sec. 7201.102 as a supplemental
regulation. This section details three categories of prohibited outside
employment for EEOC employees. First, the section prohibits EEOC
employees from engaging in any outside employment with persons
currently and substantially affected by the employee's performance of
his or her official duties because the person is a party or
representative of a party to a particular matter involving specific
parties. This provision prohibits employees from working for a charging
party, respondent, or attorney representing either. Second, the section
prohibits EEOC employees from receiving any compensation for
representational services or the rendering of advice or analysis
regarding any equal employment law or its application. Finally, the
section prohibits EEOC employees from engaging in outside employment
involving any particular matter pending at EEOC or any equal employment
opportunity case in which EEOC or the Federal government is a party.
This final prohibition is not intended to prevent EEOC employees from
providing behind-the-scenes assistance (e.g., conducting legal
research, drafting documents, giving advice or other non-advocacy work)
to immediate family members in matters pending at EEOC or any equal
employment opportunity case in which EEOC or the Federal government is
a party. The Commission has determined that these three prohibitions,
which are similar to prohibitions that have applied to EEOC employees
under superseded 29 CFR 1600.735-204, will help to ensure that
reasonable persons will not questions the impartiality and objectivity
of EEOC's employees.
While the second and third prohibitions of this section do no apply
to special Government employees, the prior approval section discussed
below does apply to them. This acknowledges the transitory or part-time
nature of the service special Government employees provide EEOC, but
also enables EEOC to carefully review all outside employment interests
of special Government employees on a case-by-case basis to ensure that
violations of applicable statutes and regulations do not occur.
Section 7201.103 Prior Approval for Outside Employment
Under 5 CFR 2635.803, agencies may, by supplemental regulation,
require employees to obtain prior approval before engaging in outside
employment or activities. Under superseded 29 CFR 1600.735-204, the
Commission has had a requirement for prior approval of compensated and
other outside employment activities. Because this requirement has
helped to ensure that employees' outside activities conform to
[[Page 7066]]
applicable statutes and regulations, the Commission will continue to
require prior approval. Section 7201.103 provides that an EEOC
employee, including a special Government employee, must obtain advance
written approval from his or her Deputy Ethics Counselor or designee
before engaging in any outside employment. In addition to that
approval, employees must also obtain prior written approval from the
Designated Agency Ethics Official or designee to engage in compensated
outside employment, the uncompensated practice of law or uncompensated
outside employment that involves representational services or the
rendering of advice or analysis regarding any equal employment law, or
to serve as an officer or director of an organization whose activities
are devoted substantially to equal employment opportunity matters.
``Employment'' is broadly defined in Sec. 7201.103(d) to cover any
form of non-Federal employment or business relationship involving the
provision of personal services, including 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 nonprofit charitable, religious, professional, social,
fraternal, educational, recreational, public service or civic
organizations, unless such activities involve the provision of
professional services or advice, are for compensation other than
reimbursement of expenses, or the organization's activities are devoted
substantially to matters relating to equal employment law and the
employee will serve as officer or director of the organization.
Section 7201.103(c) provides that approval will not be granted if
the outside employment is expected to involve conduct inconsistent with
or prohibited by any statute or federal regulation, including 5 CFR
part 2635 and these supplemental regulations.
III. Repeal and Redesignation of Portions of the EEOC Conduct
Regulations and Related Modifications
The Commission is replacing its existing standards of conduct
regulations at 29 CFR part 1600 and replacing them with a cross-
reference to 5 CFR parts 2634 and 2635 and to the supplemental
regulations at 5 CFR part 7201 adopted by this interim rule. With the
exception of subpart E and the material that was preserved pending the
issuance of this interim rule by the notes following 5 CFR 2635.403(a)
and 2635.803, part 1600 was superseded by OGE's two executive branch-
wide regulations, the Standards of Ethical Conduct for Employees of the
Executive Branch, 5 CFR part 2635, and Financial Disclosure, Qualified
Trusts, and Certificates of Divestiture For Executive Branch Employees,
5 CFR part 2634. See 57 FR 11800-1130, as amended at 57 FR 21854-21855
and 57 FR 62605. EEOC is redesignating subpart E of part 1600,
Procedures for the Collection of Debts by Salary Offset, as subpart A
of 29 CFR part 1650.
IV. Matters of Regulatory Procedure
The Commission has determined that these rules relate solely to
agency organization, procedure and practice. In addition, similar rules
have been applicable to Commission employees under EEOC's superseded
standards of conduct contained at 29 CFR part 1600. Therefore, the
requirements of the Administrative Procedure Act are not applicable.
EEOC is publishing its supplemental ethics regulation as an interim
rule to effect a smooth transition from its standards of conduct to
OGE's Government-wide standards of conduct regulation.
In promulgating this interim rule, the Commission has adhered to
the regulatory philosophy and the applicable principles of regulation
set forth in section 1 of Executive Order 12866, Regulatory Planning
and Review. This regulation has not been reviewed by the Office of
Management and Budget under that Executive order as it deals with
agency organization, management, and personnel matters and is not, in
any event, deemed ``significant'' thereunder. As required by the
Regulatory Flexibility Act (5 U.S.C. chapter 6), it is hereby certified
that this interim rule will not have a significant impact on small
business entities. In addition, the Commission has determined that this
interim rule does not impose any information collection requirements as
defined by the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
List of Subjects
5 CFR Part 7201
Conflict of interests, Government employees.
29 CFR Part 1600
Conflict of interests, Government employees.
29 CFR Part 1650
Debt collection.
Dated at Washington, DC, this 8th day of February 1996.
For the Equal Employment Opportunity Commission.
Gilbert F. Casellas,
Chairman.
Approved: February 16, 1996.
Stephen D. Potts,
Director, Office of Government Ethics.
For the reasons set forth in the preamble, the Equal Employment
Opportunity Commission, with the concurrence of the Office of
Government Ethics, is amending title 5 of the Code of Federal
Regulations and title 29, chapter XIV, of the Code of Federal
Regulations as follows:
TITLE 5--[AMENDED]
1. A new chapter LXII, consisting of part 7201, is added to Title 5
of the Code of Federal Regulations to read as follows:
5 CFR Chapter LXII--Equal Employment Opportunity Commission
PART 7201--SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES
OF THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Sec.
7201.101 General.
7201.102 Prohibited outside employment.
7201.103 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, 2635.403(a), 2635.802 and 2635.803.
Sec. 7201.101 General.
In accordance with 5 CFR 2635.105, the regulations in this part
apply to all employees of the Equal Employment Opportunity Commission
(EEOC), including members of the Commission and the General Counsel,
and supplement the Standards of Ethical Conduct for Employees of the
Executive Branch contained in 5 CFR part 2635.
Sec. 7201.102 Prohibited outside employment.
(a) No employee of the Equal Employment Opportunity Commission may
engage in outside employment with a person who is currently and
substantially affected by the employee's performance of his or her
official duties because the person is a party or representative of a
party to a particular matter involving specific parties.
(b) No employee of the Equal Employment Opportunity Commission,
other than a special Government employee, may receive compensation for
representational services, or the rendering of advice or analysis,
[[Page 7067]]
regarding any equal employment law or its application.
(c) No employee of the Equal Employment Opportunity Commission,
other than a special Government employee, may engage in outside
employment involving a particular matter pending at EEOC or an equal
employment opportunity matter in which EEOC or the Federal Government
is a party. An employee may, however, provide behind-the-scenes
assistance to immediate family members in matters pending at EEOC or
equal employment opportunity matters in which EEOC or the Federal
government is a party.
Sec. 7201.103 Prior approval for outside employment.
(a) Before engaging in any outside employment, with or without
compensation, an employee of the Equal Employment Opportunity
Commission must obtain written approval from his or her Deputy Ethics
Counselor or designee.
(b) In addition to approval under paragraph (a) of this section, an
employee must obtain prior written approval from the Designated Agency
Ethics Official or designee to engage in:
(1) Compensated outside employment;
(2) The uncompensated practice of law; or
(3) Uncompensated outside employment that involves representation
or the rendering of advice or analysis regarding any equal employment
law, or serving as an officer or director of an organization whose
activities are devoted substantially to equal employment opportunity
matters.
(c) Approval will not be granted if the outside employment is
expected to involve conduct inconsistent with or prohibited by a
statute or Federal regulation, including 5 CFR part 2635 and this part.
(d) For purposes of this section, ``employment'' means any form of
non-Federal employment or business relationship involving the provision
of personal services by the employee. 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:
(1) The employee's participation involves the provision of
professional services or advice;
(2) The employee will receive compensation other than reimbursement
of expenses; or
(3) The organization's activities are devoted substantially to
matters relating to equal employment law and the employee will serve as
officer or director of the organization.
29 CFR CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
PART 1600--[AMENDED]
2. The authority citation for part 1600 is revised to read as
follows:
Authority: 5 U.S.C. 7301.
3. Subparts A through D, consisting of Secs. 1600.735-101 through
1600.735-106, 1600.735-201 through 1600.735-206, 1600.735-301, and
1600.735-401 through 1600.735-406, respectively, and appendix A to part
1600 are removed.
4. A new Sec. 1600.101 is added to read as follows:
Sec. 1600.101 Cross-reference to employee ethical conduct standards
and financial disclosure regulations.
Employees of the Equal Employment Opportunity Commission (EEOC) are
subject to the executive branch-wide Standards of Ethical Conduct at 5
CFR part 2635, the EEOC regulation at 5 CFR part 7201, which
supplements the executive branch-wide standards, and the executive
branch-wide financial disclosure regulations at 5 CFR part 2634.
PART 1650--[AMENDED]
1. The authority citation for part 1650 is revised to read as
follows:
Authority: 5 U.S.C. 5514; 31 U.S.C. 3720A; 5 CFR 550.1101.
2. Subpart E of part 1600 is redesignated as new subpart A in part
1650 as indicated in the table below:
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Old section New section
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1600.735-501............................................... 1650.101
1600.735-502............................................... 1650.102
1600.735-503............................................... 1650.103
1600.735-504............................................... 1650.104
1600.735-505............................................... 1650.105
1600.735-506............................................... 1650.106
1600.735-507............................................... 1650.107
1600.735-508............................................... 1650.108
1600.735-509............................................... 1650.109
1600.735-510............................................... 1650.110
1600.735-511............................................... 1650.111
1600.735-512............................................... 1650.112
1600.735-513............................................... 1650.113
1600.735-514............................................... 1650.114
1600.735-515............................................... 1650.115
1600.735-516............................................... 1650.116
1600.735-517............................................... 1650.117
1600.735-518............................................... 1650.118
1600.735-519............................................... 1650.119
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[FR Doc. 96-4115 Filed 2-23-96; 8:45 am]
BILLING CODE 6750-06-M
