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Rules and Regulations
Federal Register Vol. 86, No. 106
Friday, June 4, 2021

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 under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.

III. Matters of Regulatory Procedure Administrative Procedure Act APA

OFFICE OF SPECIAL COUNSEL

This action is taken under the Special Counsels authority at 5 U.S.C. 1212e to publish regulations in the Federal Register.

5 CFR Chapter CII
RIN 3209AA53

Supplemental Standards of Ethical Conduct for Employees of the U.S.
Office of Special Counsel AGENCY:

Executive Order 12866 and Executive Order 13771

U.S. Office of Special Counsel
OSC.
ACTION:

Final rule.

The U.S. Office of Special Counsel, with the concurrence of the U.S. Office of Government Ethics OGE, is finalizing 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:

This final rule is effective June 4, 2021.
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.
DATES:

SUPPLEMENTARY INFORMATION:

I. Background On July 24, 2020, OSC, with OGEs concurrence, published a proposed rule in the Federal Register, 85 FR 44789, proposing to adopt agency specific supplemental regulations requiring OSC
employees to obtain prior approval before engaging in outside employment or activity. The proposed rule provided a 30-day comment period, which ended on August 24, 2020. During the comment period OSC received one comment from a member of the public.
II. Analysis of Comment Received The comment received strongly supported robust regulations requiring OSC employees be held to the highest
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ethical standards, but did not otherwise address the substance of or suggest changes to the proposed rule.
Therefore, for the reasons detailed in the preamble of the proposed rule, OSC, with the concurrence of OGE, is issuing this rule in final without changes.

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.

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Approved: May 27, 2021.
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 OGE, is amending title 5 of the Code of Federal Regulations by adding a new chapter CII, consisting of part 10201, to read as follows:

Title 5Administrative Personnel Chapter CIIU.S. Office of Special Counsel
PART 10201SUPPLEMENTAL
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. 1212e; 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, 2635.803.
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 2635.105c.
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
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