[Federal Register Volume 59, Number 18 (Thursday, January 27, 1994)]
[Unknown Section]
[Page 0]
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
=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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were superseded by these standards and by the executive branch-wide 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