[Federal Register Volume 61, Number 143 (Wednesday, July 24, 1996)]
[Notices]
[Page 38520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18760]


      

[[Page 38519]]


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Part II





Department of Education





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Office of the Secretary



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Easy Access for Students and Institutions for Special Government 
Employees: Certification; Notice

  Federal Register / Vol. 61, No. 143 / Wednesday, July 24, 1996 / 
Notices  

[[Page 38520]]



DEPARTMENT OF EDUCATION

Office of the Secretary


Notice of Certification

SUMMARY: The Secretary of Education certifies that the national 
interest requires that special government employees, whose non-Federal 
employer is an institution of postsecondary education, retained by the 
Department to work on ``Project EASI'' (Easy Access for Students and 
Institutions), be permitted to act as agent or attorney, and receive 
compensation for such services, for their employer-institution in 
matters pending before the Department which arise under a Program 
Participation Agreement required by Title IV of the Higher Education 
Act of 1965, as amended, (HEA) in certain circumstances.

FOR FURTHER INFORMATION CONTACT:
Susan A. Winchell, Attorney, Ethics Counsel Staff, Office of General 
Counsel, U.S. Department of Education, 600 Independence Avenue, S.W., 
Washington, D.C. 20202-2152. Telephone: 202/401-8309.

SUPPLEMENTARY INFORMATION: Section 205 of Title 18 generally prohibits 
Federal employees from acting as an agent or attorney for any non-
Federal person or organization before any employee of the Executive or 
Judicial branch in a matter in which the United States is a party or 
has a direct and substantial interest. Section 203 of Title 18 
prohibits employees from receiving compensation for such services. 
These broad prohibitions are modified somewhat for those who serve as 
``special government employees,'' as that term is defined in 18 U.S.C. 
Section 202(a), i.e., employees who are appointed for not more than 130 
days in a 365-day appointment period.
    A special Government employee who works for no more than 60 days 
during his or her 365-day appointment period may not act as an agent or 
attorney for any non-Federal person or organization, or receive 
compensation in connection with providing that service, with respect to 
matters involving specific parties in which he or she has participated 
personally and substantially as a Government employee. If a special 
government employee exceeds 60 working days during his or her 
appointment year, he or she also may not act as an agent or attorney 
for non-Federal persons and organizations, or receive compensation for 
those services, in any specific party matters pending before their 
employing agency, even though the employee did not participate in the 
matter as a Government employee. (18 U.S.C. 205(c) and 203(c)).
    Sections 203 and 205 permit the head of an agency to waive the 
restrictions on special government employees acting as an agent or 
attorney, and receiving compensation for those services, for non-
Federal persons and organizations in the performance of work under a 
grant or contract when he or she certifies in writing that to do so is 
required by the national interest. (18 U.S.C. 205(f) and 203(e)).
    ``Project EASI'' is an integrated delivery system for all 
participants in the student financial aid system, including students, 
lenders, and schools. It is essential for the Department to have high 
quality input from all participants in order for Project EASI to be 
effective. All of the special Government employees hired to work on 
Project EASI are student financial aid officials at institutions 
participating in student financial assistance programs under title IV 
of the HEA. Because of the nature of this project, the participation of 
student financial aid officials is vital.
    The special Government employees working on Project EASI frequently 
act as agents for their employer-institutions on matters arising under 
a Program Participation agreement required for each institution 
participating in student financial assistance programs under Section 
487 of the HEA. The Secretary expects that some of these special 
government employees will work for more than 60 days during the course 
of a 365-day appointment period.
    The Secretary has determined that if the special Government 
employees working on Project EASI are prohibited from acting as agents 
for their employer-institutions, or receiving compensation for those 
services, with respect to matters arising under a Program Participation 
Agreement that are pending before the Department, it will not be 
possible for the Department to obtain the services of qualified 
consultants to work on Project EASI. Therefore, the Secretary certifies 
that the national interest requires that Special government employees 
working on Project EASI, who are employed by institutions of 
postsecondary education, be permitted to act as agents for their 
employer-institutions, and receive compensation for those services, in 
matters arising under a Program Participation Agreement that are 
pending before the Department. This certification does not cover 
Department matters on which the special Government employee has 
participated personally and substantially on behalf of the Department, 
even if it is a matter arising under the Program Participation 
Agreement. No such matter should arise because special Government 
employees must disqualify themselves from participating in Department 
matters involving their own institutions.

(Catalog of Federal Domestic Assistance Number: Not Applicable)

    Dated: July 18, 1996.
Richard W. Riley,
Secretary of Education.
[FR Doc. 96-18760 Filed 7-23-96; 8:45 am]
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