[Federal Register Volume 59, Number 193 (Thursday, October 6, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24791]
[[Page Unknown]]
[Federal Register: October 6, 1994]
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FEDERAL RETIREMENT THRIFT INVESTMENT BOARD
5 CFR Part 1633
5 CFR Chapter LXXVI
RIN 3209-AA15
Supplemental Standards of Ethical Conduct for Employees of the
Federal Retirement Thrift Investment Board
AGENCY: Federal Retirement Thrift Investment Board (Board).
ACTION: Final rule.
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SUMMARY: The Federal Retirement Thrift Investment Board, with the
concurrence of the Office of Government Ethics (OGE), is issuing
regulations for employees of the Board that supplement the Standards of
Ethical Conduct for Employees of the Executive Branch, as issued by
OGE, with a requirement to obtain prior approval for outside
employment. The Board also is repealing its remaining old conduct
standards which were retained on an interim basis pending issuance of
the Board's supplemental regulations and is inserting in their place a
cross-reference to the new provisions.
EFFECTIVE DATE: These regulations are effective October 6, 1994.
FOR FURTHER INFORMATION CONTACT: Thomas L. Gray, Deputy Assistant
General Counsel for Administration, (202) 942-1662, FAX (202) 942-1676.
SUPPLEMENTARY INFORMATION:
I. Background
On August 7, 1992, OGE published new 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, with an additional
grace period extension at 59 FR 4779-4780. Codified at 5 CFR part 2635,
the new standards became effective on February 3, 1993. On June 2,
1993, the Board issued a final rule (58 FR 31332) which replaced all of
the provisions of its prior standards of conduct regulations at 5 CFR
part 1633 that had been superseded by part 2635, or by OGE's executive
branch financial disclosure regulations at 5 CFR part 2634. The Board
preserved only those provisions that were specifically grandfathered
under the notes following 5 CFR 2635.403(a) and 2635.803.
With the concurrence of OGE, 5 CFR 2635.105 authorizes agencies to
publish agency-specific supplemental regulations that are necessary to
implement their respective ethics programs. The Board, with OGE's
concurrence, has determined that the following supplemental rules,
being codified in new chapter LXXVI of 5 CFR, are necessary to the
success of its ethics program. The Board is simultaneously repealing
the remaining provisions of 5 CFR part 1633, which are superseded upon
issuance of the Board's supplemental regulations, and is replacing
those provisions with a single section that provides cross-references
to 5 CFR parts 2634 and 2635, as well as to the Board's new
supplemental regulations.
II. Analysis of the Regulations
Section 8601.101 General
Section 8601.101 explains that these regulations supplement the
executive branch-wide standards of ethical conduct and reminds Board
employees, including Board members, that they are subject to these
regulations and the executive branch-wide financial disclosure
regulations. However, because Board members are special Government
employees, the requirement for prior approval of outside employment in
section 8601.102 does not apply to them.
Section 8601.102 Prior Approval for Outside Employment
5 CFR 2635.803 authorizes individual agencies to issue supplemental
regulations to require agency employees to obtain prior approval before
engaging in outside employment, with or without compensation. The Board
has long had a prior approval requirement to ensure that any problems
relating to an employee's outside employment are resolved before an
employee begins such an undertaking. Section 8601.102 continues that
prior approval requirement, but differs from the old Board requirement
because it contains a definition of employment that clarifies the
circumstances under which prior approval must be obtained. The outside
employment must be approved by the employee's office director. In the
written request, the employee is required to describe the
organizations, duties, hours of work, and remuneration pertaining to
the outside employment. An employee must submit the written request
through his or her immediate supervisor, unless the immediate
supervisor is the employee's office director.
In addition to approval by the employee's office director, if the
outside employment involves teaching, speaking, or writing that relates
to the employee's official duties, the employee must also obtain the
advance written approval of the Executive Director of the Board. The
Executive Director may approve or disapprove such outside employment,
or may permit the performance of the teaching, speaking, or writing as
an official duty (for which no compensation may be received). This
requirement does not apply to teaching, speaking, or writing that
relates to the purely private interests of the employee that are
nonwork-related.
III. Repeal of Board Standards of Conduct Regulations
Because the Board's retained Standards of Conduct at 5 CFR part
1633 are superseded by the supplemental regulations contained in new 5
CFR part 8601, the Board is repealing all of existing 5 CFR part 1633.
To ensure that employees are on notice of the ethical standards to
which they are subject, the Board is replacing its old standards at 5
CFR part 1633 with a provision that cross-references 5 CFR parts 2634
and 2635 and the Board's new supplemental regulations at 5 CFR part
8601.
IV. Matters of Regulatory Procedure
Administrative Procedure Act
The Board has found that good cause exists under 5 U.S.C. 553(b)
and (d)(3) 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 these rules and repeals. The supplemental
regulations are essentially a restatement of rules previously contained
in the standards of conduct, and the Board believes that it is
important to a smooth transition from the Board's standards of conduct
to the executive branch standards that these rules become effective as
soon as possible. Furthermore, this rulemaking is related to the
Board's organization, procedure and practice.
Regulatory Flexibility Act
The Board has determined under the Regulatory Flexibility Act (5
U.S.C. chapter 6) that these regulations will not have a significant
impact on small business entities because they affect only Board
employees.
Paperwork Reduction Act
The Board 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.
Environmental Impact
This decision will not have a significant impact upon the quality
of the human environment or the conservation of energy resources.
List of Subjects
5 CFR Part 1633
Conflict of interests, Government employees.
5 CFR Part 8601
Conflict of interests, Government employees.
Dated: September 21, 1994.
Roger W. Mehle,
Executive Director, Federal Retirement Thrift Investment Board.
Approved: September 30, 1994.
Stephen D. Potts,
Director, Office of Government Ethics.
For the reasons set forth in the preamble, the Federal Retirement
Thrift Investment Board, with the concurrence of the Office of
Government Ethics, is amending title 5 of the Code of Federal
Regulations as follows:
TITLE 5--[AMENDED]
5 CFR CHAPTER VI--FEDERAL RETIREMENT THRIFT INVESTMENT BOARD
1. Part 1633 of 5 CFR Chapter VI is revised to read as follows:
PART 1633--STANDARDS OF CONDUCT
Sec. 1633.1 Cross-reference to employee ethical conduct standards and
financial disclosure regulations.
Employees of the Federal Retirement Thrift Investment Board (Board)
are subject to the executive branch-wide Standards of Ethical conduct
at 5 CFR part 2635, the Board regulations at 5 CFR part 8601 which
supplement the executive branch-wide standards, and the executive
branch-wide financial disclosure regulations at 5 CFR part 2634.
Authority: 5 U.S.C. 7301.
2. A new chapter LXXVI, consisting of part 8601, is added to title
5 of the Code of Federal Regulations to read as follows:
5 CFR CHAPTER LXXVI--FEDERAL RETIREMENT THRIFT INVESTMENT BOARD
PART 8601--SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES
OF THE FEDERAL RETIREMENT THRIFT INVESTMENT BOARD
Sec.
8601.101 General.
8601.102 Prior approval for outside employment.
Authority: 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.
Sec. 8601.101 General.
In accordance with 5 CFR 2635.105, the regulations in this part
apply to employees of the Federal Retirement Thrift Investment Board
(Board) and supplement the Standards of Ethical Conduct for Employees
of the Executive Branch contained in 5 CFR part 2635. In addition,
Board employees are subject to the executive branch financial
disclosure regulations at 5 CFR part 2634.
Sec. 8601.102 Prior approval for outside employment.
(a) Before engaging in outside employment, with or without
compensation, an employee, other than a special Government employee,
must obtain written approval from his or her office director. The
written request shall be submitted through the employee's immediate
supervisor, unless the supervisor is the employee's office director,
and shall identify the employer or other person for whom the services
are to be provided, as well as the duties, hours of work, and
compensation involved in the proposed outside employment.
(b) Approval under paragraph (a) of this section shall be granted
only upon a determination that the outside employment is not expected
to involve conduct prohibited by statute or Federal regulation,
including 5 CFR part 2635.
(c) In addition to the approval required by paragraph (a) of this
section, an employee whose outside employment involves teaching,
speaking, or writing that relates to his or her official duties within
the meaning of 5 CFR 2635.807(a)(2) shall obtain approval from the
Executive Director of the Board to engage in the activity as an outside
activity, rather than as part of the employee's official duties.
(d) For purposes of this section, employment means any form of non-
Federal employment or business relationship involving the provision of
personal services by the employee. It includes, but is not limited to,
personal services as an officer, director, employee, agent, attorney,
consultant, contractor, general partner, trustee, teacher or speaker.
It includes writing when done under an arrangement with another person
for production or publication of the written product. It does not,
however, include participation in the activities of a nonprofit
charitable, religious, professional, social, fraternal, educational,
recreational, public service or civil organization, unless the
participation involves the provision of professional services or advice
for compensation other than reimbursement for actual expenses.
[FR Doc. 94-24791 Filed 10-5-94; 8:45 am]
BILLING CODE 6760-01-M
