[Federal Register Volume 59, Number 18 (Thursday, January 27, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1693]
Federal Register / Vol. 59, No. 18 / Thursday, January 27, 1994 /
[[Page Unknown]]
[Federal Register: January 27, 1994]
VOL. 59, NO. 18
Thursday, January 27, 1994
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INTER-AMERICAN FOUNDATION
5 CFR Chapter LXIII
22 CFR Part 1001
RIN 3209-AAOO, 3209-AAO4, 3209-AA15
Supplemental Standards of Ethical Conduct for Employees of the
Inter-American Foundation
AGENCY: Inter-American Foundation.
ACTION: Final rule.
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SUMMARY: The Inter-American Foundation (``Foundation''), with the
concurrence of the Office of Government Ethics (OGE), is issuing
regulations for employees of the Foundation that supplement the
Standards of Ethical Conduct for Employees of the Executive Branch at 5
CFR part 2635. The Foundation is also repealing its regulations that
were superseded by these standards and by the executive branch-wide
financial disclosure regulations at 5 CFR part 2634.
EFFECTIVE DATE: These regulations are effective January 27, 1994.
FOR FURTHER INFORMATION CONTACT: Adolfo A. Franco, Designated Agency
Ethics Official, or Evan M. Koster, Alternate Designated Agency Ethics
Official, Inter-American Foundation, 901 N. Stuart Street, Arlington,
VA 22203. Telephone 703-841-3800.
SUPPLEMENTARY INFORMATION:
I. Background
On August 7, 1992, the Office of Government Ethics published a
final rule entitled ``Standards of Ethical Conduct for Employees of the
Executive Branch'' (Standards). See 57 FR 35006-35067, as corrected at
57 FR 48557 and 57 FR 52583. The Standards, codified at 5 CFR part 2635
and effective February 3, 1993, established uniform standards of
ethical conduct that apply to all executive branch personnel.
With the concurrence of OGE, 5 CFR 2635.105 authorizes executive
branch agencies to publish agency-specific supplemental regulations
necessary to implement their respective ethics programs. The
Foundation, with OGE's concurrence, has determined that the following
supplemental regulations, being codified in part 7301 of new chapter
LXIII of 5 CFR, are necessary to the successful implementation of the
Foundation's ethics program. By this rulemaking, the Foundation is also
repealing its regulations at 22 CFR part 1001 which have been
superseded by the Standards and by OGE regulations at 5 CFR part 2634,
Executive Branch Financial Disclosure, Qualified Trusts, and
Certificates of Divestiture.
II. Analysis of the Regulations
Section 7301.101 General
New Sec. 7301.101(a) of 5 CFR explains that the supplemental
regulations apply to employees of the Inter-American Foundation, with
the exception of members of the Foundation's Board of Directors and
Advisory Council, and supplement the Standards of Ethical Conduct for
Employees of the Executive Branch contained in 5 CFR part 2635. Section
7301.101(a) also provides a cross-reference to the executive branch-
wide financial disclosure regulations contained in 5 CFR part 2634.
The head of each executive branch agency is required by 5 CFR
2638.202(b) to appoint a designated agency ethics official and an
alternate agency ethics official to carry out the duties specified in 5
CFR 2638.203. Section 7301.101(b) specifies that the Foundation's
General Counsel will serve as its designated agency ethics official and
that the Deputy General Counsel will serve as the alternate agency
ethics official. Section 7301.102 of these supplemental regulations
gives the designated agency ethics official and the alternate the
additional responsibility of approving requests for prior approval to
engage in compensated outside teaching, speaking and writing
activities.
Section 7301.102 Prior Approval for Outside Teaching, Speaking and
Writing
Under 5 CFR 2635.803, an agency that determines it is necessary or
desirable for the purpose of administering its ethics program may, by
supplemental regulation, require its employees to obtain prior approval
before engaging in specific types of outside activities. Under 22 CFR
1001.5(c), which is being repealed by this final rule, the Foundation
has required its employees to obtain prior approval to engage in
outside teaching, lecturing or writing. To ensure compliance with the
executive branch-wide limitations on teaching, speaking and writing at
5 CFR 2635.807, and based on its experiences with the similar
requirement that has been in effect under 22 CFR 1001.5(c), the
Foundation has determined that it is desirable for the administration
of its ethics program to continue to require Foundation employees to
obtain prior approval to engage in compensated teaching, speaking and
writing. Section 7301.102 (a), thus, imposes such a requirement for
prior approval by the designated agency ethics official or the
alternate agency ethics official. To ensure that approval is granted in
accordance with applicable standards, 5 CFR 7301.102(b) provides that
approval shall be granted only upon a determination that the outside
teaching, speaking or writing is not expected to involve conduct
prohibited by statute or Federal regulations, including 5 CFR part
2635.
III. Repeal of Foundation Employee Responsibilities and Conduct
Regulations
Because the Foundation's regulations on Employees Responsibilities
and Conduct have been superseded by the new executive branch standards
of ethical conduct and financial disclosure regulations, 5 CFR parts
2634 and 2635, the Foundation is repealing all of existing 22 CFR part
1001. To ensure that Foundation employees are on notice of the ethical
standards and financial disclosure requirements to which they are
subject, the Foundation is replacing its old standards at 22 CFR part
1001 with a new standard at 22 CFR 1001.1 which cross-references 5 CFR
parts 2634 and 2635, as well as the Foundation's supplemental
regulations at 5 CFR part 7301.
IV. Matters of Regulatory Procedure
Administrative Procedure Act
In accordance with the Administrative Procedure Act (5 U.S.C. 553
(b) and (d)(3)), the Foundation has found that good cause exists for
waiving as unnecessary and contrary to the public interest, the general
notice of proposed rulemaking and the 30-day delay in effectiveness as
to the rules and repeals. Public comment is unnecessary because these
regulations merely revoke existing regulations in accordance with
previously issued Government-wide regulations and make non-substantive
amendments. In addition, since these regulations relate to agency
management and personnel they are exempt from notice and comment under
5 U.S.C. 553 (a)(2).
Executive Order 12866
In promulgating these final regulations, the Foundation has adhered
to the regulatory philosophy and the applicable principles of
regulation set forth in section 1 of Executive Order 12866, Regulatory
Planning and Review. These regulations have not been reviewed by the
Office of Management and Budget under that Executive order, as they
deal with agency organization, management, and personnel matters and
are not, in any event, deemed ``significant'' thereunder.
Regulatory Flexibility Act
The Foundation has determined under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.) that these regulations will not have a
significant impact on small business entities because they affect only
Foundation employees.
Paperwork Reduction Act
The Foundation has determined that the Paperwork Reduction Act (44
U.S.C. chapter 35) does not apply because these regulations do not
contain any information collection requirements that require the
approval of the Office of Management and Budget.
List of Subjects
5 CFR Part 7301
Conflict of interests, Government employees.
22 CFR Part 1001
Conflict of interests, Government employees.
Dated: January 11, 1994.
Adolfo A. Franco,
General Counsel, Inter-American Foundation.
Approved: January 14, 1994.
Stephen D. Potts,
Director, Office of Government Ethics.
For the reasons set forth in the preamble, the Inter-American
Foundation, with the concurrence of the Office of Government Ethics, is
amending title 5 of the Code of Federal Regulations and title 22 of the
Code of Federal Regulations, as follows:
TITLE 5--[AMENDED]
1. A new chapter LXIII, consisting of part 7301, is added to title
5 of the Code of Federal Regulations to read as follows:
5 CFR CHAPTER LXIII--INTER-AMERICAN FOUNDATION
PART 7301--SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES
OF THE INTER-AMERICAN FOUNDATION
Sec.
7301.101 General.
7301.102 Prior approval for outside teaching, speaking and writing.
Authority: 5 U.S.C. 7301; 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; 5 CFR 2638.202(b).
Sec. 7301.101 General.
(a) Purpose. In accordance with 5 CFR 2635.105, the regulations in
this part apply to employees of the Inter-American Foundation, with the
exception of members of the Foundation's Board of Directors and
Advisory Council, and supplement the Standards of Ethical Conduct for
Employees of the Executive Branch contained in 5 CFR part 2635. In
addition to the standards in 5 CFR part 2635, directors and other
employees are subject to the executive branch financial disclosure
regulations contained in 5 CFR part 2634.
(b) Designated agency ethics official. For purposes of this part
and otherwise as required by 5 CFR 2638.202, the General Counsel of the
Inter-American Foundation shall serve as the designated agency ethics
official. The Deputy General Counsel shall serve as the alternate
agency ethics official.
Sec. 7301.102 Prior approval for outside teaching, speaking and
writing.
(a) Before engaging in outside teaching, speaking or writing, for
compensation, an employee, with the exception of members of the
Foundation's Board of Directors and Advisory Council, shall obtain
prior written approval from the designated agency ethics official or
the alternate agency ethics official.
(b) Approval shall be granted only upon a determination that the
outside teaching, speaking or writing is not expected to involve
conduct prohibited by statute or Federal regulation, including 5 CFR
part 2635.
22 CFR CHAPTER X--INTER-AMERICAN FOUNDATION
2. Part 1001 is revised to read as follows:
PART 1001--EMPLOYEE RESPONSIBILITIES AND CONDUCT
Authority: 5 U.S.C. 7301.
Sec. 1001.1 Cross-references to employee ethical conduct standards and
financial disclosure regulations.
Directors and other employees of the Inter-American Foundation
should refer to the Standards of Ethical Conduct for Employees of the
Executive Branch at 5 CFR part 2635, the Inter-American Foundation
regulations at 5 CFR part 7301 which supplement the executive branch
standards, and the executive branch financial disclosure regulations at
5 CFR part 2634.
[FR Doc. 94-1693 Filed 1-26-94; 8:45 am]
BILLING CODE 7025-01-P
