[Federal Register Volume 61, Number 137 (Tuesday, July 16, 1996)]
[Rules and Regulations]
[Pages 36993-36997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18020]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

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to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

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Federal Register / Vol. 61, No. 137 / Tuesday, July 16, 1996 / Rules 
and Regulations

[[Page 36993]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 1001

5 CFR Chapter XXXV

RIN 3206-AG87, 3209-AA15


Supplemental Standards of Ethical Conduct for Employees of the 
Office of Personnel Management

AGENCY: Office of Personnel Management (OPM).

ACTION: Interim rule with request for comments.

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SUMMARY: The Office of Personnel Management, with the concurrence of 
the Office of Government Ethics (OGE), is issuing an interim rule for 
employees of OPM that supplements the executive branch-wide Standards 
of Ethical Conduct (Standards) issued by OGE. The interim rule contains 
a notice requirement designed to ensure that OPM employees do not use 
their official positions or nonpublic information to obtain an 
advantage for themselves or for certain other persons on competitive 
and other examinations relating to Federal service, and a requirement 
for OPM employees to obtain prior approval before engaging in certain 
types of outside activities. The Office of Personnel Management is also 
repealing that portion of its internal standards of conduct regulations 
that was retained on an interim basis pending issuance of its 
supplemental regulations, and those portions of its internal standards 
of conduct regulations that were superseded by the new Standards or by 
the executive branch financial disclosure regulations issued by OGE. 
The Office of Personnel Management is retaining in its internal 
standards of conduct regulation a separate Privacy Act conduct code and 
adding a cross-reference to ethics and other conduct-related statutes 
and regulations.

DATES: Interim rule effective July 16, 1996. Comments must be received 
on or before August 15, 1996.

ADDRESSES: Send comments to: Lorraine Lewis, General Counsel, Office of 
Personnel Management, Room 7353, Theodore Roosevelt Building, 1900 E 
Street, NW., Washington, DC 20415.

FOR FURTHER INFORMATION CONTACT: Nancy Lee Gregg, Alternate Designated 
Agency Ethics Official, Office of the General Counsel, Office of 
Personnel Management, (202) 606-1701.

SUPPLEMENTARY INFORMATION:

I. Background

    On August 7, 1992, OGE published new Standards of Ethical Conduct 
for Employees of the Executive Branch. See 57 FR 35006-35067, as 
corrected at 57 FR 48557, 57 FR 52583, and 60 FR 51667, with additional 
grace period extensions for certain existing provisions at 59 FR 4779-
4780, 60 FR 6390-6391, and 60 FR 66857-66858. 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 Office of Personnel Management, with OGE's concurrence, has 
determined that the following supplemental regulations, being codified 
in new 5 CFR chapter XXXV, consisting of part 4501, are necessary in 
light of OPM's unique programs and operations for the successful 
implementation of OPM's ethics program.
    The Office of Personnel Management is simultaneously repealing the 
provisions of its internal employee responsibilities and conduct 
regulations in 5 CFR part 1001 which have already been superseded or 
which will be superseded upon issuance of these supplemental 
regulations, and is replacing those provisions with a new section that 
provides cross-references to 5 CFR part 2635 and other precepts that 
pertain to employee conduct. A Privacy Act conduct code is also being 
retained.

II. Analysis of the Regulations

Section 4501.101  General

    Section 4501.101 explains that the regulations apply to all OPM 
employees and supplement the executive branch-wide Standards in 5 CFR 
part 2635. Section 4501.101 also provides a cross-reference to the 
executive branch employee responsibilities and conduct regulations 
contained in 5 CFR part 735, the OPM employee responsibilities and 
conduct regulations in 5 CFR part 1001, the executive branch-wide 
financial disclosure regulations contained in 5 CFR part 2634, and the 
executive branch-wide regulation regarding outside employment at 5 CFR 
part 2636.

Section 4501.102  Examination Information

    Section 4501.102 supplements the prohibitions on use of public 
office for private gain at 5 CFR 2635.702 and the prohibitions on use 
of nonpublic information at 5 CFR 2635.703.
    Under Sec. 4501.102(a), an OPM employee who takes part in the 
construction of written tests or other assessment devices, has access 
to such material, or is involved in the examination rating process must 
notify his or her supervisor before filing to take a competitive 
examination, an internal competitive examination or an Armed Services 
entrance examination. Supervisory notification is also required when an 
employee knows that the employee's spouse, minor child, or business 
general partner intends to take such an examination.
    As indicated by the supervisory responsibilities set forth in 
paragraph (b) of Sec. 4501.102, the purpose of the notification 
requirement is to ensure, either by the assignment of official duties 
that will not place the employee in contact with information relating 
to the examination to be taken or by substituting an examination about 
which the employee does not have information, that the employee does 
not have knowledge of questions on, answers to, or methods of scoring 
the test or other assessment device in issue. Proper exercise of these 
supervisory responsibilities will foreclose the possibility of any 
suggestion that an OPM employee who has a role in devising tests or 
other assessment devices has profited unfairly, or that the employee's 
spouse, minor child, or general partner has profited unfairly,

[[Page 36994]]

from possible use of nonpublic information or other knowledge gained in 
the course of the employee's official duties. It also protects the 
integrity of the examination process and ensures that the prospects of 
others subject to that process are not diminished by any OPM employee's 
use of nonpublic information or use of public office for private gain.
    The examination information provisions of Sec. 4501.102 are similar 
to, but more specific than, those which had been in effect under OPM's 
employee responsibilities and conduct regulations at 5 CFR 1001.735-
206, which is now being repealed (see below). Whereas Sec. 1001.735-206 
had imposed the notice requirement on all OPM employees, Sec. 4501.102 
applies only to those OPM employees who have some direct connection 
with the examination process.

Section 4501.103  Prior Approval for Certain Outside Activities

    Under 5 CFR 2635.803, agencies may, by supplemental regulations, 
require employees to obtain approval before engaging in outside 
employment and activities. Under 5 CFR 1001-735.203, which is now being 
revoked, OPM employees have long been required to provide notice of, or 
obtain approval for, proposed outside employment and activity under a 
variety of circumstances. OPM 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, OPM has determined that it is necessary to the administration 
of its ethics program to continue to require prior approval for certain 
types of outside employment and activities that pose a potential for 
employees to engage in conduct that might violate applicable laws and 
regulations.
    As compared to the requirement that has been imposed by 5 CFR 1001-
735.203, Sec. 4501.103(a) has been changed to clarify the requirement, 
and to narrow its scope, consistent with the Standards. Section 1001-
735.203 has required OPM employees, other than special Government 
employees, who engage in any kind of outside paid employment on a 
substantially regular basis to provide notice of such employment to 
their supervisors. In addition, Sec. 1001-735.203 has required OPM 
employees to obtain approval before serving as members of committees or 
boards which plan or advise on training courses or programs offered by 
non-Government organizations; before accepting appointments as faculty 
members for after-hours teaching; and in order to hold elective office 
in the employee's local community government. In contrast to 
Sec. 1001.735.203, Sec. 4501.-103(a) requires prior approval for four 
types of outside activities on the part of OPM employees (again 
excluding special Government employees).
    Under Sec. 4501.103(a)(1), the first type of outside activity for 
which OPM employees must obtain prior approval is the provision of 
professional services that involve the application of the same 
specialized skills or the same educational background as performance of 
the employee's official duties. Such outside activities may raise a 
strong possibility of a violation of the Standards. For purposes of 
this section, ``professional services'' is defined in 
Sec. 4501.103(d)(3) on the basis of the definition of ``profession'' 
established by OGE in its executive branch-wide regulations at 5 CFR 
2636.305(b)(1), and means the provision of personal services by an 
employee, including the rendering of advice or consultation, which 
involves application of the skills of a profession. Secretarial and 
clerical positions are not, for purposes of this requirement, 
considered to provide ``professional services.''
    Under Sec. 4501.103(a)(2), the second type of outside activity for 
which OPM employees must obtain prior approval is teaching, speaking, 
or writing that relates to the employee's official duties. Unlike the 
requirement in 5 CFR 1001.735-203 for prior approval of after hours 
teaching, this section requires prior approval of outside speaking and 
writing, as well as outside teaching, but only if it ``relates to the 
employee's official duties.'' Consistent with the Standards, the term 
``relates to the employee's official duties'' is defined in 
Sec. 4501.103(d)(5) as having the meaning given in 5 CFR 2635.-
807(a)(2)(i)(B) through (a)(2)(i)(E). Under that definition, teaching, 
speaking, or writing relates to the employee's official duties if the 
invitation to teach, speak, or write is extended primarily because of 
the employee's official position; if the invitation or the offer of 
compensation (when the employee is to be compensated for the activity) 
is extended by a person whose interests may be affected substantially 
by the employee's performance or nonperformance of his or her official 
duties; if the activity draws substantially on ``nonpublic 
information,'' a term which Sec. 4501.103(d)(2) defines as having the 
meaning set forth in Sec. 2635.703(b) of the Standards and which 
therefore includes information that the employee gains by reason of 
Federal employment and that the employee knows or reasonably should 
know has not been made available to the general public; if the subject 
of the activity deals in significant part with OPM programs, operations 
or policies or with the employee's current or recent assignments; or, 
in the case of a noncareer employee as defined in 5 CFR 2636.303(a), if 
the subject of the activity deals in significant part with the general 
subject matter area, industry, or economic sector primarily affected by 
the programs and operations of OPM.
    Under Sec. 4501.103(a)(3), the third type of outside activity for 
which OPM employees must obtain prior approval is certain service for a 
``prohibited source.'' The term ``prohibited source'' is defined in 
Sec. 4501.103(d)(4) as having the meaning set forth in Sec. 2635.203(d) 
of the Standards, and therefore means any person who is (and also any 
organization more than half of whose members are) seeking official 
action by OPM, doing or seeking to do business with OPM, regulated by 
OPM, or substantially affected by the performance or nonperformance of 
the employee's duties. The kind of services for a prohibited source for 
which Sec. 4501.103(a)(3) requires prior approval are those which could 
raise a question of conflicting financial interests under subpart D of 
the Standards or a question of loss of impartiality in performing 
official duties under subpart E of the Standards. Those services 
include service as an officer, director, trustee, general partner, 
employee, agent, attorney, consultant, contractor, or ``active 
participant.'' The term ``active participant'' is defined in 
Sec. 4501.103(d)(1) as having the meaning set forth in subpart E of the 
Standards, at 5 CFR 2635.502(b)(1)(v). In accordance with that 
definition, payment of dues to an organization, or the donation or 
solicitation of financial support, alone does not constitute active 
participation.
    An exception to the prior approval requirement in Sec. 4501.-
103(a)(3) excludes from the prior approval requirement therein a number 
of uncompensated and volunteer activities that are unlikely to raise 
issues under the Standards. Specifically, employees do not have to 
obtain approval before providing the services listed in 
Sec. 4501.103(a)(3), if the service is without compensation (other than 
reimbursement of expenses) and the prohibited source for which the 
service is to be provided is a nonprofit charitable, religious, 
professional, social, fraternal, educational, recreational, public 
service, or civic

[[Page 36995]]

organization. However, prior approval for such an activity is required 
if the activity is covered by another of the prior approval 
requirements in this section. In addition, because OPM exercises 
general supervision over all operations of the Combined Federal 
Campaign (CFC), through which nonprofit organizations receive or seek 
to receive charitable fundraising support in the Federal workplace, 
prior approval is required by Sec. 4501.103(a)(3) if the organization 
that is a prohibited source receives or seeks to receive fundraising 
support through the CFC, and the employee's official duties would 
involve him in administration of the CFC program.
    Under Sec. 4501.103(a)(4), the fourth type of outside activity for 
which OPM employees must obtain prior approval is the provision of 
services, other than clerical services or service as a fact witness, on 
behalf of any other person in connection with a particular matter in 
which the United States is a party, or in which the United States has a 
direct and substantial interest, or if the provision of services 
involves the preparation of materials for submission to, or 
representation before, a Federal court or executive branch agency. 
Under 5 CFR 2635.805, employees are required to obtain authorization 
before acting as expert witnesses, other than on behalf of the United 
States, in any proceeding before a Federal court or agency in a matter 
in which the United States is a party or has a direct and substantial 
interest. Paragraph (a)(4) of Sec. 4501.103 is intended to cover such 
testimony as an outside activity, thus eliminating the need to create a 
separate procedure for the required authorization. In addition, 
requiring prior approval under these circumstances will help employees 
to avoid violating the representational bars in 18 U.S.C. 203 and 205. 
Consistent with the Federal Service Labor Management Relations Statute 
(5 U.S.C. chapter 71) and the ``personnel administration proceedings'' 
exception at 18 U.S.C. 205(d), an exception in Sec. 4501.103(a)(4) 
provides that prior approval is not required for OPM employees acting 
on behalf of the labor organization that is the exclusive 
representative of the OPM employees in the unit it represents to 
represent an employee who is the subject of disciplinary, loyalty, or 
other personnel administration proceedings in connection with those 
proceedings.
    Section 4501.103(b) sets forth the procedures for submitting a 
request for approval of an outside activity, specifying the information 
to be included in the employee's request, and the contents of a 
certification the employee is to submit with the request for approval.
    Section 4501.103(c) specifies the standard for granting approval. 
Approval shall be granted only upon a determination by the agency 
official designated authority to make such a determination that the 
outside employment is not expected to involve conduct prohibited by 
statute or Federal regulation.
    Section 4501.103(d) defines the terms ``active participant,'' 
``nonpublic information,'' ''professional services,'' ``prohibited 
source,'' and ``relates to the employee's official duties,'' for 
purposes of the section, as explained above, consistent with the 
Standards and other regulations issued by OGE.
    Requiring prior approval will give OPM managers the opportunity to 
review the proposed employment or activity in light of the employee's 
official duties and to consult with an agency ethics official 
concerning the applicability of Federal conflict of interest statutes 
and ethics regulations to the proposed activity. The executive branch-
wide Standards, at 5 CFR 2635.802, explain that an activity conflicts 
with an employee's official duties if it is prohibited by statute or by 
an agency supplemental regulation, or if, under the standards set forth 
in Secs. 2635.402 and 2635.502 of the Standards, it would require the 
employee's disqualification from matters so central or critical to the 
performance of the employee's official duties that the employee's 
ability to perform the duties of his or her position would be 
materially impaired. Even where prior approval is not required, 
conflict of interest statutes and the Standards may restrict the 
actions of employees in connection with participation in such 
activities or organizations.

III. Repeal of Portions of OPM's Internal Regulations Regarding 
Employee Conduct and Related Modifications

    The interim rule repeals those portions of the regulations at 5 CFR 
part 1001 governing OPM employees' responsibilities and conduct that 
were superseded by the executive branch-wide Standards of Ethical 
Conduct at 5 CFR part 2635, or by the financial disclosure regulations 
at 5 CFR part 2634, the requirement for prior approval of outside 
employment at 5 CFR 1001.735-203 (which now appears, in revised form, 
at 5 CFR 4501.103), and 5 CFR 1001.735-208, which was in the nature of 
a directive to OPM procurement personnel. It also repeals portions of 
part 1001 that duplicate the employee responsibilities and conduct 
regulations contained in 5 CFR part 735.
    These actions leave in 5 CFR part 1001 only the code of conduct 
required by the Privacy Act of 1974, at 5 U.S.C. 552a(e)(9). The 
Privacy Act code of conduct for OPM employees, previously contained at 
5 CFR 1001.735-206a, is redesignated as Sec. 1001.102 and follows a new 
Sec. 1001.101 which provides a cross-reference to ethics and other 
conduct-related statutes and regulations.

IV. Matters of Regulatory Procedure

Administrative Procedure Act

    Under 5 U.S.C. 1103(b)(1) and 1105, these regulations are not 
subject to the rulemaking requirements of the Administrative Procedure 
Act, at 5 U.S.C. 553 (b), (c), and (d), because they apply solely to 
OPM or its employees. Furthermore, OPM finds good cause that it is in 
the public interest that these internal regulations take effect as an 
interim rule upon the date of publication of this Federal Register 
rulemaking document.

Executive Order 12866

    In promulgating these interim regulations, OPM 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 management and personnel matters and are not, in any event, 
``significant'' thereunder.

Regulatory Flexibility Act

    As Director of OPM, I certify that this regulation will not have 
significant economic impact on a substantial number of small entities 
within the meaning of the Regulatory Flexibility Act (5 U.S.C. chapter 
6).

Paperwork Reduction Act

    As Director of OPM, I have determined that the Paperwork Reduction 
Act (44 U.S.C. chapter 35) does not apply because this regulation does 
not contain any information collection requirements that require the 
approval of the Office of Management and Budget.

List of Subjects

5 CFR Part 1001

    Conflict of interests, Government employees.

5 CFR Part 4501

    Conflict of interests, Government employees.


[[Page 36996]]


    Dated: July 2, 1996.
James B. King,
Director, Office of Personnel Management.
    Approved: July 5, 1996.
F. Gary Davis,
Deputy Director, Office of Government Ethics.
    For the reasons set forth in the preamble, the Office of Personnel 
Management, with the concurrence of the Office of Government Ethics, is 
amending title 5 of the Code of Federal Regulations as follows:

CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT

PART 1001--EMPLOYEE RESPONSIBILITIES AND CONDUCT

    1. The authority citation for part 1001 is revised to read as 
follows:

    Authority: 5 U.S.C. 552a, 7301.

Subparts A, B, C and D [Amended]

    2. Subpart A, consisting of Secs. 1001.735-101 through 1001.735-
103; Secs. 1001.735-201 through 1001.735-206 and 1001.735-207 through 
1001.735-214 of subpart B; and subparts C and D, consisting of 
Secs. 1001.735-301 through 1001.735-304 and 1001.735-401 through 
1001.735-412, respectively, of part 1001 are removed.
    3. A new Sec. 1001.101 is added to read as follows:


Sec. 1001.101  Cross-reference to financial disclosure requirements and 
other conduct rules.

    In addition to the regulations contained in this part, employees of 
the Office of Personnel Management (OPM) should refer to:
    (a) The Standards for Ethical Conduct for Employees of the 
Executive Branch at 5 CFR part 2635;
    (b) The OPM regulations at 5 CFR part 4501, which supplement the 
executive branch-wide standards;
    (c) The Employee Responsibilities and Conduct regulations at 5 CFR 
part 735;
    (d) The executive branch financial disclosure regulations at 5 CFR 
part 2634;
    (e) The executive branch outside employment regulations at 5 CFR 
part 2636; and
    (f) The restrictions upon use of political referrals in employment 
matters at 5 U.S.C. 3303.
    4. Section 1001.735-206a is redesignated as Sec. 1001.102, and the 
heading is revised to read ``Privacy Act rules of conduct.''
    5. A new chapter XXXV, consisting of part 4501, is added to read as 
follows:

CHAPTER XXXV--OFFICE OF PERSONNEL MANAGEMENT

PART 4501--SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES 
OF THE OFFICE OF PERSONNEL MANAGEMENT

Sec.
4501.101  General.
4501.102  Examination information.
4501.103  Prior approval for certain outside activities.

    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, 2635.702, 2635.703, 2635.-802, 2635.803, 2635.805.


Sec. 4501.101  General.

    In accordance with 5 CFR 2635.105, the regulations in this part 
apply to employees of the Office of Personnel Management (OPM) and 
supplement the Standards of Ethical Conduct for Employees of the 
Executive Branch contained in 5 CFR part 2635. In addition to the 
regulations in 5 CFR part 2635 and this part, OPM employees are subject 
to the responsibilities and conduct regulations contained in 5 CFR 
parts 735 and 1001, the executive branch-wide financial disclosure 
regulations contained in 5 CFR part 2634, and the executive branch 
regulations regarding outside employment at 5 CFR part 2636.


Sec. 4501.102  Examination information.

    (a) An employee of OPM who takes part in the construction of 
written tests or any other assessment device, has access to such 
material, or is involved in the examination rating process, shall 
notify his supervisor, in writing, when he intends to file for a 
competitive examination, an internal competitive examination, or an 
Armed Services entrance examination. The employee also must give such 
notice if he knows that his spouse, minor child, or business general 
partner intends to take any of these examinations.
    (b) The employee's supervisor or other appropriate authority will 
arrange the employee's duty assignments to prevent his contact with 
materials related to the examination or examinations that will be 
taken. If the test material involved in the forthcoming examination has 
already been exposed to the employee, arrangements will be made for the 
employee or other person concerned to be given an alternate test.
    (c) The employee's supervisor is responsible for seeing that 
notifications given by employees under this section are transmitted 
promptly to the Test Security Officer in OPM's Employment Service.


Sec. 4501.103  Prior approval for certain outside activities.

    (a) Prior approval requirement. An employee, other than a special 
Government employee, shall obtain written approval before engaging--
with or without compensation--in the following outside activities:
    (1) Providing professional services involving the application of 
the same specialized skills or the same educational background as 
performance of the employee's official duties;
    (2) Teaching, speaking, or writing that relates to the employee's 
official duties;
    (3) Serving as an officer, director, trustee, general partner, 
employee, agent, attorney, consultant, contractor, or active 
participant for a prohibited source, except that prior approval is not 
required by this paragraph (a)(3) to provide such service without 
compensation (other than reimbursement of expenses) for a prohibited 
source that is a nonprofit charitable, religious, professional, social, 
fraternal, educational, recreational, public service, or civic 
organization, unless prior approval for the activity is required by 
paragraph (a)(1), (a)(2), or (a)(4) of this section, or unless the 
organization receives or seeks to receive fundraising support through 
the Combined Federal Campaign (CFC) under 5 CFR part 950 and the 
employee's official duties involve the administration of the CFR 
program; or
    (4)(i) Except as provided in paragraph (a)(4)(ii) of this section, 
providing services, other than clerical services or service as a fact 
witness, on behalf of any other person in connection with a particular 
matter:
    (A) In which the United States is a party;
    (B) In which the United States has a direct and substantial 
interest; or
    (C) If the provision of services involves the preparation of 
materials for submission to, or representation before, a Federal court 
or executive branch agency.
    (ii) Prior approval is not required by paragraph (a)(4)(i) of this 
section for OPM employees acting on behalf of the labor organization 
that is the exclusive representative of the OPM employees in the unit 
it represents to provide services as an agent or attorney for, or 
otherwise to represent, such an OPM employee who is the subject of 
disciplinary, loyalty, or other personnel administration proceedings in 
connection with those proceedings.
    (b) Submission of requests for approval. (1) Requests for approval 
shall

[[Page 36997]]

be submitted in writing to the agency designee, through normal 
supervisory channels. Such requests shall include, at a minimum, the 
following:
    (i) The employee's name and position title;
    (ii) The name and address of the person or organization for whom 
the outside activity is to be performed;
    (iii) A description of the proposed outside activity, including the 
duties and services to be performed while engaged in the activity; and
    (iv) The proposed hours that the employee will engage in the 
outside activity, and the approximate dates of the activity.
    (2) Together with his request for approval, the employee shall 
provide a certification that:
    (i) The outside activity will not depend in any way on nonpublic 
information;
    (ii) No official duty time or Government property, resources, or 
facilities not available to the general public will be used in 
connection with the outside activity; and
    (iii) The employee has read subpart H (``Outside Activities'') of 5 
CFR part 2635.
    (3) Upon a significant change in the nature or scope of the outside 
activity or in the employee's official position, the employee shall 
submit a revised request for approval.
    (c) Approval of requests. Approval shall be granted only upon a 
determination by the agency designee, in consultation with an agency 
ethics official when such consultation is deemed necessary by the 
agency designee, that the outside activity is not expected to involve 
conduct prohibited by statute or Federal regulation, including 5 CFR 
part 2635.
    (d) Definitions. For purposes of this section:
    (1) Active participant has the meaning set forth in 5 CFR 
2635.502(b)(1)(v).
    (2) Nonpublic information has the meaning set forth in 5 CFR 
2635.703(b).
    (3) Professional services means the provision of personal services 
by an employee, including the rendering of advice or consultation, 
which involves application of the skills of a profession as defined in 
5 CFR 2636.305(b)(1).
    (4) Prohibited source has the meaning set forth in 5 CFR 
2635.203(d).
    (5) Relates to the employee's official duties has the meaning set 
forth in 5 CFR 2635.807(a)(2)(i)(B) through (a)(2)(i)(E).

[FR Doc. 96-18020 Filed 7-15-96; 8:45 am]
BILLING CODE 6325-01-M