Notice of proposed rulemaking on standards of conduct (2010)
On May 17, 2010, the Commission published a Notice of Proposed Rulemaking in the Federal Register seeking public comment on proposed revisions to the FEC’s “Standards of Conduct,” rules that govern the conduct of the Commissioners and employees of the Commission. The Commission plans to update current regulations to reflect statutory changes enacted after the Standards of Conduct were promulgated in 1986, and to bring the regulations in line with those issued by the Office of Government Ethics (OGE) and the Office of Personnel Management (OPM). OGE rules establish a government-wide standard of ethical conduct for the Executive Branch and independent agencies and address issues such as gifts from outside sources, gifts between employees, conflicting financial interests, outside employment activities and others. In addition to the proposed revisions of the Standards of Conduct, the FEC is also proposing new rules that would supplement the OGE’s ethical standards.
Proposed supplemental regulations in 5 CFR 4701
The FEC and OGE have determined, in view of the FEC’s programs and operations, that supplemental regulations are necessary. These supplemental regulations will be issued in a new chapter XXXVII of Title 5 of the Code of Federal Regulations (CFR).
Proposed 5 CFR 4701.101 indicates that regulations of 5 CFR part 4701 apply to Commissioners and employees of the Commission.
The Commission, in concurrence with OGE, proposes moving its requirement for prior approval of some outside employment and activities from 11 CFR part 7 of the Commission’s regulations to new chapter XXXVII, with certain modifications. Proposed 5 CFR 4701.102 requires prior approval from the Designated Agency Ethics Official (DAEO) for outside activities that are related to the employee’s official duties or involved the same specialized skill set or educational background used in the employee’s duties at the FEC. The proposed rules would require an FEC employee to submit approval requests through all the employee’s supervisors before submission of approval to the DAEO. Proposed 5 CFR 4701.102(d) would lay out a standard for approval of an employee’s request. Approval would depend on whether the outside employment or activity would create conflicting financial interests, a lack of impartiality in performing official duties, the misuse of a government position and whether the activity complies with other federal regulations. The prior approval requirement would no longer apply to special Government employees hired by the Commission. The Commission seeks comment on these proposed rules and asks the public if there is an alternative system of seeking approval and, if so, how the alternative should be structured
Proposed revisions to the Commission’s standards of conduct in 11 CFR Part 7
Many Commission regulations at 11 CFR Part 7 have been supplanted by OGE regulations. The Commission proposes to remove those regulations and to retain some provisions that are informational and procedural in nature.
Proposed regulations at 11 CFR 7.1(a) state that the regulations in 11 CFR part 7 apply to Commissioners and all employees of the FEC. Proposed 11 CFR 7.1(b) would detail the regulations in Title 5 of the CFR and proposed 5 CFR part 4701 that would relate to ethical conduct of Commission employees.
Revised 11 CFR 7.2 would continue to lay out definitions of terms such as “employee” and “Designated Agency Ethics Officer” used in 11 CFR Part 7.
The NPRM also proposes 11 CFR 7.3, which would revise the regulations related to interpretation and advisory service. The proposed regulations clarify that an FEC employee may request interpretations of 5 CFR from the Director of OGE.
Proposed 11 CFR 7.4 would require the reporting of suspected violations of the FEC’s Standards of Conduct and OGE’s Standards of Ethical Conduct.
Proposed 11 CFR 7.5 would inform FEC employees that violating FEC and OGE ethics rules may result in corrective, disciplinary or adverse action, in addition to any other penalties prescribed by law.
Other proposed revisions focus on the prohibition of making complaints and investigations public, Commissioners and Commission employees conducting activity with political organization and other associations and post-employment conflicts of interests.
Comments
The NRPM was published in the May 17, 2010, Federal Register. The full NPRM is available on the FEC website at http://www.fec.gov/pdf/nprm/standards_of_conduct/notice_2010-05.pdf. All comments must be received by June 16, 2010, and must be made in writing, be addressed to Robert M. Knop, Assistant General Counsel, and submitted via e-mail, fax or paper copy. Commenters are strongly encouraged to submit comments electronically to ensure timely receipt and consideration. Email comments must be sent to ethicsrules@fec.gov. Faxed comments must be sent to (202) 219-3923, with a paper copy follow-up. Paper comments and paper copy follow-up of faxed comments must be sent to the Federal Election Commission, 999 E Street, NW, Washington, DC, 20463. All comments must include the full name and postal service address of the commenter or they will not be considered. The Commission will post comments on its website after the comment period ends.