[Federal Register Volume 60, Number 227 (Monday, November 27, 1995)]
[Rules and Regulations]
[Pages 58456-58457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28748]
[[Page 58455]]
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Part IV
Department of Housing and Urban Development
_______________________________________________________________________
Office of the Secretary
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24 CFR Part 15
Testimony, Production, and Disclosure of Material or Information by HUD
Employees; Final Rule
Federal Register / Vol. 60, No. 227 / Monday, November 27, 1995 /
Rules and Regulations
[[Page 58456]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
24 CFR Part 15
[Docket No. FR-3949-F-01]
RIN 2501-AC03
Testimony, Production, and Disclosure of Material or Information
by HUD Employees
AGENCY: Office of the Secretary, HUD.
ACTION: Final rule.
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SUMMARY: This final rule amends HUD's regulations regarding the
testimony and production of information by HUD employees. This rule
will include former HUD employees within the scope of these
regulations. The amendment is necessary in order to correct the
inadvertent exclusion of former employees from coverage under the
regulations.
EFFECTIVE DATE: December 27, 1995.
FOR FURTHER INFORMATION CONTACT: George Weidenfeller, Deputy General
Counsel for Operations, Department of Housing and Urban Development,
451 7th St., SW, Room 10240, Washington, DC 20410; telephone (202) 708-
2864, TDD (202) 708-3259. These numbers are not toll-free.
SUPPLEMENTARY INFORMATION: HUD's regulations for the disclosure of
information and production of material in its possession or acquired by
employees as a part of the performance of their official duties or
because of their official status are contained in 24 CFR part 15. These
regulations address the terms on which HUD employees may testify,
describing the situations in which the Secretary will permit the
testimony of HUD employees in judicial, quasi-judicial, and legislative
proceedings. The regulations also prohibit, subject to waiver by the
Secretary, any employee from being called, by any party other than the
United States, as an expert or opinion witness as to matters related to
the employee's duties or the functions of HUD.
HUD employees may acquire certain sensitive information or
documentation through the course of their employment at HUD, and HUD
expects such information and documentation to be covered by its
testimony approval regulations in part 15. However, on April 15, 1987,
in an attempt to streamline these regulations, HUD published a final
rule in the Federal Register that removed the references to former HUD
employees (52 FR 12159). HUD did not intend this change to exclude
former employees from coverage; rather HUD expected that the Standards
of Conduct regulations covered the testimony and production of
information by former HUD employees. As the Standard of Conduct
regulations do not cover this area, this rule amends subparts H and I
of part 15 to reinsert the coverage of former employees. This rule also
brings HUD's regulations back into general conformity with the
regulations of several other Federal agencies, such as the Departments
of Justice, Education, and Transportation (see 28 CFR part 16, 34 CFR
part 8, and 49 CFR part 9, respectively).
Justification for Final Rulemaking
HUD generally publishes a rule for public comment before issuing a
rule for effect, in accordance with its regulations on rulemaking in 24
CFR part 10. However, part 10 provides for exceptions from that general
rule when the agency finds good cause to omit advance notice and public
participation. The good cause requirement is satisfied when prior
public procedure is ``impracticable, unnecessary, or contrary to the
public interest.'' (24 CFR 10.1) The subject matter of this final rule
involves HUD's internal practices and procedures. Therefore, HUD finds
that good cause exists to publish this rule for effect without first
soliciting public comment, in that prior public procedure is
unnecessary.
Executive Order 12866
The Office of Management and Budget (OMB) reviewed this rule under
Executive Order 12866, Regulatory Planning and Review, issued by the
President on September 30, 1993. Any changes made in this rule
subsequent to its submission to OMB are identified in the docket file,
which is available for public inspection during regular business hours
in the Office of the Rules Docket Clerk, Office of General Counsel,
Room 10276, Department of Housing and Urban Development, 451 Seventh
Street SW., Washington, DC 20410-0500.
Regulatory Flexibility Act
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)), has reviewed this rule before publication and by
approving it certifies that this rule does not have a significant
economic impact on a substantial number of small entities, since its
effect is limited to details of agency procedure.
Environmental Impact
In accordance with 40 CFR 1508.4 of the regulations of the Council
on Environmental Quality and 24 CFR 50.20(k) of the HUD regulations,
this rule relates only to internal administrative procedures which are
categorically excluded from the requirements of the National
Environmental Policy Act.
Executive Order 12612, Federalism
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that the policies
contained in this rule will not have substantial direct effects on
States or their political subdivisions, or the relationship between the
Federal Government and the States, or on the distribution of power and
responsibilities among the various levels of government. This rule
relates to internal procedures regarding former employees and does not
affect Federalism issues. As a result, this rule is not subject to
review under the Order.
Executive Order 12606, The Family
The General Counsel, as the Designated Official under Executive
Order 12606, The Family, has determined that this rule does not have
the potential for significant impact on family formation, maintenance,
and general well-being, and thus is not subject to review under the
Order. No significant change in existing HUD policies or programs will
result from promulgation of this rule, as those policies and programs
relate to family concerns.
List of Subjects in 24 CFR Part 15
Classified information, Courts, Freedom of information, Government
employees, Reporting and recordkeeping requirements.
Accordingly, 24 CFR part 15 is amended as follows:
PART 15--TESTIMONY, PRODUCTION AND DISCLOSURE OF MATERIAL OR
INFORMATION BY HUD EMPLOYEES
1. The authority citation for part 15 continues to read as follows:
Authority: 5 U.S.C. 552; Freedom of Information Reform Act of
1986 (Pub. L. 99-570); 42 U.S.C. 3535(d).
2. Section 15.71 is amended by revising the second sentence to read
as follows:
Sec. 15.71 Purpose and scope.
* * * For purposes of this subpart, the term employee of the
Department includes current and former officers and employees of the
United States
[[Page 58457]]
appointed by or subject to the supervision of the Secretary, but does
not include officers and employees covered by part 2004 of this title.*
* *
3. Section 15.81 is amended by revising paragraph (b) to read as
follows:
Sec. 15.81 Purpose.
* * * * *
(b) For purposes of this subpart, the term employee of the
Department includes current and former officers and employees of the
United States appointed by or subject to the supervision of the
Secretary, but does not include officers and employees covered by part
2004 of this title.
Dated: September 8, 1995.
Henry G. Cisneros,
Secretary.
[FR Doc. 95-28748 Filed 11-24-95; 8:45 am]
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