[Federal Register Volume 61, Number 151 (Monday, August 5, 1996)]
[Rules and Regulations]
[Pages 40505-40506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19742]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
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Federal Register / Vol. 61, No. 151 / Monday, August 5, 1996 / Rules
and Regulations
[[Page 40505]]
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
5 CFR Chapter LXVI
RIN 3095-AA60, 3209-AA15
Supplemental Standards of Ethical Conduct for Employees of the
National Archives and Records Administration
AGENCY: National Archives and Records Administration (NARA).
ACTION: Final rule.
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SUMMARY: The National Archives and Records Administration, with the
concurrence of the Office of Government Ethics (OGE), is issuing
regulations for NARA employees 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.
EFFECTIVE DATE: These regulations are effective August 5, 1996.
FOR FURTHER INFORMATION CONTACT: Christopher Runkel or Amy Krupsky at
NARA, telephone 202-501-5535.
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, 57 FR 52583, and 60 FR 51667, with
additional grace period extensions at 59 FR 4779-4780, 60 FR 6390-6391,
and 60 FR 66857-66858. Codified at 5 CFR part 2635, the new standards
became effective on February 3, 1993.
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. NARA, with OGE's
concurrence, has determined that the following supplemental rules being
codified in a new chapter LXVI, part 7601 of 5 CFR are necessary to the
success of its ethics program.
II. Analysis of the Regulations
Section 7601.101 General
Section 7601.101 explains that these regulations apply to all NARA
employees and supplement the executive branch-wide standards of ethical
conduct.
Section 7601.102 Prior Approval of Outside Employment
The standards, at 5 CFR 2635.803, specifically recognize that an
agency may find it necessary or desirable to issue a supplemental
regulation requiring its employees to obtain approval before engaging
in outside employment or activities. NARA standards of conduct have
long required employees to obtain written permission prior to engaging
in outside employment. NARA has found this requirement useful in
ensuring that the outside employment activities of employees conform
with all applicable laws and regulations. In accordance with 5 CFR
2635.803, NARA has determined that it is necessary to the
administration of its ethics program to continue to require such prior
approval. This final rule, for codification at 5 CFR 7601.102, will
require employees of NARA, other than special Government employees, who
desire to engage in outside employment to obtain prior approval of such
employment. The rule directs employees to the NARA Administrative
Procedures Manual, ADMIN. 201, for information about the procedures to
be followed in seeking approval of outside employment.
III. Matters of Regulatory Procedure
Administrative Procedure Act
NARA has found that good cause exists under 5 U.S.C. 553(b) and
(d)(3) for waiving as unnecessary, the general notice of proposed
rulemaking and the 30-day delay in effectiveness as to these rules. The
supplemental regulations are essentially a restatement of rules
previously contained in the NARA standards of conduct contained in the
NARA Administrative Procedures Manual, and NARA believes that it is
important to a smooth transition from NARA's standards of conduct to
the executive branch standards that these rules become effective as
soon as possible. In addition, NARA believes that this rule is exempt
as a procedural rule under 5 U.S.C. 553(b)(3)(A) of the Administrative
Procedures Act.
Regulatory Flexibility Act
NARA 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 NARA employees.
Paperwork Reduction Act
NARA 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.
Executive Order 12866
This regulation is not a significant regulatory action under E.O.
12866, and is not required to be submitted to the Office of Management
and Budget for review.
List of Subjects in 5 CFR Part 7601
Conflict of interests, Government employees.
Dated: July 22, 1996.
John W. Carlin,
Archivist of the United States.
Approved: July 26, 1996.
Stephen D. Potts,
Director, Office of Government Ethics.
For the reasons set forth in the preamble, the National Archives
and Records Administration, with the concurrence of the Office of
Government Ethics, is amending title 5 of the Code of Federal
Regulations by adding a new chapter LXVI, consisting of part 7601 to
read as follows:
CHAPTER LXVI--NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
PART 7601--SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES
OF THE NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Sec.
7601.101 General.
7601.102 Prior approval of outside employment.
Authority: 5 U.S.C. 7301; 5 U.S.C. App. (Ethics in Government
Act of 1978); E.O.
[[Page 40506]]
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. 7601.101 General.
In accordance with 5 CFR 2635.105, the regulations in this part
apply to employees of the National Archives and Records Administration
(NARA) 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 and this part, employees of NARA are
subject to the executive branch financial disclosure regulations
contained in 5 CFR part 2634.
Sec. 7601.102 Prior approval of outside employment.
(a) Prior approval requirement. An employee, other than a special
Government employee, must obtain written approval before engaging in
any outside employment, whether or not for compensation. Requests for
approval shall be submitted in accordance with procedures set forth in
the NARA Administrative Procedures Manual, ADMIN. 201, copies of which
can be obtained from the NARA designated agency ethics official.
(b) Standard of approval. Approval 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) Scope of approval. Approval will be for a period not to exceed
three years, after which renewed approval must be sought in accordance
with this section. Upon a significant change in the nature or scope of
the outside employment or in the employee's NARA position, the employee
shall submit a revised request for approval.
(d) Definition of employment. 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 civic organization, unless the participation involves the
provision of professional services or advice for compensation other
than reimbursement for actual expenses.
[FR Doc. 96-19742 Filed 8-2-96; 8:45 am]
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