97-10209. Agency Relationships With Organizations Representing Federal Employees and Other Organizations  

  • [Federal Register Volume 62, Number 77 (Tuesday, April 22, 1997)]
    [Proposed Rules]
    [Page 19525]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-10209]
    
    
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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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    Federal Register / Vol. 62, No. 77 / Tuesday, April 22, 1997 / 
    Proposed Rules
    
    [[Page 19525]]
    
    
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    OFFICE OF PERSONNEL MANAGEMENT
    
    5 CFR Part 251
    
    RIN 3206-AH72
    
    
    Agency Relationships With Organizations Representing Federal 
    Employees and Other Organizations
    
    AGENCY: Office of Personnel Management.
    
    ACTION: Proposed rule.
    
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    SUMMARY: The Office of Personnel Management (OPM) is issuing proposed 
    regulations governing agency relations with managerial, supervisory, 
    professional, and other organizations that are not labor organizations. 
    These regulations would reflect a provision of the Federal Employee 
    Representation Improvement Act of 1996.
    
    DATES: Comments due by June 23, 1997.
    
    ADDRESSES: Send written comments to Lorraine Lewis, General Counsel, 
    Office of Personnel Management, P.O. Box 57, Washington, DC 20044, or 
    deliver to OPM, Room 3451, 1900 E St. NW., Washington, DC.
    
    FOR FURTHER INFORMATION CONTACT:
    Wade Plunkett (202) 606-1700.
    
    SUPPLEMENTARY INFORMATION: OPM published in the Federal Register on 
    June 26, 1996, at 61 FR 32913-32917, final regulations on agency 
    relationships with organizations representing Federal employees and 
    other organizations. Section 251.101(f) of the final regulations 
    cautions Federal employees against violating the restrictions imposed 
    by 18 U.S.C. Sec. 205 which, in pertinent part, restricts Federal 
    employees from acting, other than in the proper discharge of their 
    official duties, as agents or attorneys for any person or organization 
    other than a labor organization, before any Federal agency or other 
    Federal entity in connection with any matter in which the United States 
    is a party or has a direct and substantial interest. Section 251.101(f) 
    of the regulation accordingly advises agency officials and employees to 
    consult with their designated agency ethics official for guidance 
    regarding any conflicts of interest that may arise. 5 CFR 251.101(f).
        Subsequent to the effective date of the final rule, Congress 
    modified the 18 U.S.C. Sec. 205 restrictions to permit employee 
    representation of employee organizations under certain circumstances. 
    The Federal Employee Representation Improvement Act of 1996; Public Law 
    104-177, 110 Stat. 1563, August 6, 1996. As amended, Section 
    205(d)(1)(B) allows a Federal officer or employee, if not inconsistent 
    with the performance of his or her duties, to represent without 
    compensation a non-profit cooperative, voluntary, professional, 
    recreational or similar organization if a majority of the 
    organization's or group's members are Government officers or employees 
    or their spouses or dependent children.
        Subsection (d)(2) of amended Section 205, sets forth the 
    circumstances in which a Federal employee may not act as agent or 
    attorney representing an employee organization. There are three 
    situations in which an employee is prohibited from representing the 
    views of the organization or group. The first situation prevents 
    employee representation when the subject of the representation is a 
    claim against the United States. 18 U.S.C. Sec. 205(d)(2)(A). The 
    second situation prohibits the prescribed action during a judicial or 
    administrative proceeding where the organization or group is a party. 
    18 U.S.C. Sec. 205(d)(2)(B). The third situation expressly disallows 
    Federal employees from requesting grants, contracts or Federal funds on 
    behalf of an employee organization. 18 U.S.C. Sec. 205(d)(2)(C). 
    Accordingly, paragraph (f) of the Part 251 regulation is being revised 
    to reflect the new law.
    
    Regulatory Flexibility Act
    
        I certify that this regulation will not have a significant economic 
    impact on a substantial number of small entities because it will only 
    affect Federal Government employees and non-labor organizations 
    representing such employees.
    
    Executive Order 12866, Regulatory Review
    
        This rule has been reviewed by the Office of Management and Budget 
    in accordance with Executive Order 12866.
    
    List of Subjects in 5 CFR Part 251
    
        Government employees.
    
    U.S. Office of Personnel Management.
    James B. King,
    Director.
    
        Accordingly, OPM proposes to amend 5 CFR part 251 as follows:
    
    PART 251--AGENCY RELATIONSHIPS WITH ORGANIZATIONS REPRESENTING 
    FEDERAL EMPLOYEES AND OTHER ORGANIZATIONS
    
        1. The authority citation for part 251 continues to read as 
    follows:
    
        Authority: 5 U.S.C. Sec. 1104; 5 U.S.C. Chap 7; 5 U.S.C. 
    Sec. 7135; 5 U.S.C. 7301; E.O. 11491.
    
        2. In Sec. 251.101, paragraph (f) is revised to read as follows:
    
    
    Sec. 251.101  Introduction.
    
    * * * * *
        (f) Federal employees, including management officials and 
    supervisors, may communicate with any Federal agency, officer, or other 
    Federal entity on the employee's own behalf. However, Federal employees 
    should be aware that 18 U.S.C. 205, in pertinent part, restricts 
    Federal employees from acting, other than in the proper discharge of 
    their official duties, as agents or attorneys for any person or 
    organization other than a labor organization, before any Federal agency 
    or other Federal entity in connection with any matter in which the 
    United states is a party or has a direct and substantial interest. An 
    exception to the prohibition found in 18 U.S.C. 205 permits Federal 
    employees to represent certain nonprofit organizations before the 
    Government except in connection with specified matters. Agency 
    officials and employees are therefore advised to consult with their 
    designated agency ethics officials for guidance regarding any conflicts 
    of interest that may arise.
    
    [FR Doc. 97-10209 Filed 4-21-97; 8:45 am]
    BILLING CODE 6325-01-M
    
    
    

Document Information

Published:
04/22/1997
Department:
Personnel Management Office
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
97-10209
Dates:
Comments due by June 23, 1997.
Pages:
19525-19525 (1 pages)
RINs:
3206-AH72: Agency Relationships with Organizations Representing Federal Employees and Other Organizations
RIN Links:
https://www.federalregister.gov/regulations/3206-AH72/agency-relationships-with-organizations-representing-federal-employees-and-other-organizations
PDF File:
97-10209.pdf
CFR: (2)
5 CFR 7135
5 CFR 251.101