U.S. Office of Special Counsel (OSC).
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.
This final rule is effective June 4, 2021.
Heidi R. Morrison, Alternate Designated Agency Ethics Official, U.S. Office of Special Counsel, by email at
On July 24, 2020, OSC, with OGE's concurrence, published a proposed rule in the
The comment received strongly supported robust regulations requiring OSC employees be held “to the highest 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 action is taken under the Special Counsel's authority at 5 U.S.C. 1212(e) to publish regulations in the
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.
As required by the RFA, OSC certifies that this regulation will not have a significant economic impact on a substantial number of small entities.
This rule will have no physical impact upon the environment and therefore will not require any further review under the NEPA.
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.
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.
Conflict of interests, Government employees.
5 U.S.C. 1212(e); 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.
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