[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]

Rules and Regulations
                                                Federal Register

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 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 


Federal Register / Vol. 61, No. 151 / Monday, August 5, 1996 / Rules 
and Regulations

[[Page 40505]]


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.


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.


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 

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:



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, 

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]