[Federal Register: September 4, 2003 (Volume 68, Number 171)]
[Rules and Regulations]
[Page 52485-52486]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04se03-1]
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Rules and Regulations
Federal Register
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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
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[[Page 52485]]
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
5 CFR Part 7201
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: Final rule.
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SUMMARY: The Equal Employment Opportunity Commission, with the
concurrence of the Office of Government Ethics (OGE), amends the
Supplemental Standards of Conduct for Employees of the Equal Employment
Opportunity Commission by adding a sentence permitting EEOC employees
to represent other EEOC employees in administrative equal employment
opportunity (EEO) proceedings unless there is a conflict of interest.
EFFECTIVE DATE: This rule is effective on September 4, 2003.
FOR FURTHER INFORMATION CONTACT: Thomas J. Schlageter, Assistant Legal
Counsel, at (202) 663-4668, or Kathleen Oram, Senior Attorney, at (202)
663-4681, or TTY (202) 663-7026. This final rule issuance is also
available in the following formats: large print, braille, audio tape
and electronic file on computer disk. Requests for this rule in an
alternative format should be made to EEOC's publications center at 1-
800-669-3362.
SUPPLEMENTARY INFORMATION: On February 26, 1996, with the concurrence
and co-signature of OGE, EEOC published its interim rule establishing
supplemental standards of ethical conduct for employees of EEOC (61 FR
7065-7067). The Commission, with OGE concurrence and co-signature,
published a final rule adopting the interim rule on July 8, 1997 (62 FR
36447). EEOC, again with OGE's concurrence and co-signature, is
amending the restriction contained in 5 CFR 7201.102(c) of its
supplemental standards, prohibiting certain kinds of outside
employment, to permit EEOC employees to represent without compensation
other EEOC employees in EEO administrative complaint proceedings. Both
exceptions to the general prohibition in paragraph (c), including the
existing one for behind-the-scenes assistance to family members, will
still require prior approval under Sec. 7201.103 of the supplemental
regulation to ensure there are no conflicts. The change will make
EEOC's supplemental regulation more consistent with the exception
contained in 18 U.S.C. Sec. 205(d)(1)(A), which permits Federal
employees, if not inconsistent with the faithful performance of their
duties, to represent without compensation other employees who are the
subject of disciplinary, loyalty, or other personnel administration
proceedings. EEOC notes that this amendment as to representation of
other EEOC employees is also consistent with 29 CFR 1614.605, which
generally allows an EEO complainant to choose a representative, subject
to the possibility of disqualification of the representative if
representation would conflict with the representative's official or
collateral duties. The prohibition will remain, however, on EEOC
employees representing employees of other Federal agencies in EEO
proceedings, because the Commission is concerned about a possible
perception that EEO office personnel or EEOC administrative judges
would give EEOC employees deference in the proceedings.
Administrative Procedure Act
Pursuant to 5 U.S.C. 553(b) and (d), the EEOC has determined that
good cause exists for waiving the general notice of proposed
rulemaking, opportunity for public comment and 30-day delayed effective
date as to these revisions. Notice, comment and delayed effectiveness
are being waived because these amendments concern matters of agency
organization, practice and procedure. Moreover, it is in the public
interest that the revisions take effect promptly.
Regulatory Flexibility Act
The EEOC has determined under the Regulatory Flexibility Act, 5
U.S.C. Chapter 6, that this rule will not have a significant economic
impact on a substantial number of small entities because it only
affects Commission employees.
Paperwork Reduction Act
The Paperwork Reduction Act, 44 U.S.C. chapter 35, does not apply
to these final rule amendments because they do not contain any
information collection requirements subject to approval by the Office
of Management and Budget.
Congressional Review Act
The EEOC 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. This rulemaking is related to EEOC personnel.
Executive Order Nos. 12866 and 12988
Since this rule relates to EEOC personnel, it is exempt from the
provisions of Executive Orders Nos. 12866 and 12988.
List of Subjects in 5 CFR Part 7201
Conflict of interests, Ethics, Executive branch standards of
conduct, Government employees.
Dated: August 12, 2003.
For the Commission,
Cari L. Dominguez,
Chair.
Approved: August 22, 2003.
Amy L. Comstock,
Director, Office of Government Ethics.
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For the reasons set forth in the preamble, the Equal Employment
Opportunity Commission, with the concurrence of the Office of
Government Ethics, is amending part 7201 of title 5 of the Code of
Federal Regulations as follows:
PART 7201--SUPPLEMENTAL STANDARDS OF CONDUCT FOR EMPLOYEES OF THE
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
0
1. The authority citation for part 7201 continues to read as follows:
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.
[[Page 52486]]
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.
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2. Section 7201.102 is amended by revising paragraph (c) to read as
follows:
Sec. 7201.102 Prohibited outside employment.
* * * * *
(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, with prior approval, provide
uncompensated 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. An employee may also,
with prior approval, represent without compensation another EEOC
employee in an administrative equal employment opportunity complaint
against EEOC.
[FR Doc. 03-22483 Filed 9-3-03; 8:45 am]
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