[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]]

_______________________________________________________________________

Part IV





Department of Housing and Urban Development





_______________________________________________________________________



Office of the Secretary



_______________________________________________________________________



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.

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

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]
BILLING CODE 4210-28-P