Employee Responsibilities and Conduct, 46073-46074 [E6-13149]
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46073
Rules and Regulations
Federal Register
Vol. 71, No. 155
Friday, August 11, 2006
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 week.
Regulatory Flexibility Act
I certify that these regulations will not
have a significant economic impact on
a substantial number of small entities
because they will affect only Federal
agencies and employees.
OFFICE OF PERSONNEL
MANAGEMENT
E.O. 12866, Regulatory Review
This rule has been reviewed by the
Office of Management and Budget in
accordance with E.O. 12866.
5 CFR Part 735
RIN 3206–AJ74
Employee Responsibilities and
Conduct
List of Subjects in 5 CFR Part 735
Conflict of interests, Government
employees.
Office of Personnel
Management.
ACTION: Final rule.
AGENCY:
SUMMARY: The Office of Personnel
Management (OPM) is issuing a plain
language rewrite of its regulations
regarding the standards that govern
employee responsibilities and conduct
as part of a review of certain OPM
regulations. The purpose of the
revisions is to make the regulations
more readable.
DATES: Effective Date: September 11,
2006.
rwilkins on PROD1PC63 with RULES
FOR FURTHER INFORMATION CONTACT:
Wade Plunkett, by telephone at 202–
606–1700; or by FAX at 202–606–0082
or by e-mail at wmplunke@opm.gov.
SUPPLEMENTARY INFORMATION: OPM is
revising part 735, which deals with
employee responsibility and conduct, as
part of a review of certain OPM
regulations for plain language purposes.
On January 15, 2003 (68 FR 1987) OPM
published a proposed regulation. One
internal commenter noted that since the
original regulation was published, OPM
has delegated examining authority to
some agencies in certain circumstances.
Therefore, the proposed regulations
have been modified to recognize this
and permit the head of an agency to
which examining authority had been
delegated or his or her designee to grant
exceptions to the prohibition contained
in section 735.202(a). Since no other
comments were received, we are
publishing the proposed rule as final
without further modification, except we
are updating the reference to General
VerDate Aug<31>2005
16:23 Aug 10, 2006
Jkt 208001
Accounting Office and changing it to
Government Accountability Office. The
purpose of this revision to part 735 is
not to make substantive changes, but
rather to make part 735 more readable,
and to convert the regulation to a
question and answer format.
Office of Personnel Management
Linda M. Springer,
Director.
Accordingly, OPM is revising part 735
as follows:
PART 735—EMPLOYEE
RESPONSIBILITIES AND CONDUCT
Subpart A—General Provisions
Sec.
735.101 Definitions.
735.102 What are the grounds for
disciplinary action?
735.103 What other regulations pertain to
employee conduct?
Subpart B—Standards of Conduct
Sec.
735.201 What are the restrictions on
gambling?
735.202 What are the restrictions on
conduct that safeguard the examination
process?
735.203 What are the restrictions on
conduct prejudicial to the Government?
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.
Subpart A—General Provisions
Definitions.
In this part:
Agency means an Executive agency
(other than the Government
Accountability Office) as defined by 5
U.S.C. 105, the Postal Service, and the
Postal Rate Commission.
Employee means any officer or
employee of an agency, including a
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Fmt 4700
Sfmt 4700
§ 735.102 What are the grounds for
disciplinary action?
An employee’s violation of any of the
regulations in subpart B of this part may
be cause for for disciplinary action by
the employee’s agency, which may be in
addition to any penalty prescribed by
law.
§ 735.103 What other regulations pertain
to employee conduct?
I
§ 735.101
special Government employee, but does
not include a member of the uniformed
services.
Government means the United States
Government.
Special Government employee means
an officer or employee specified in 18
U.S.C. 202(a) except one who is
employed in the legislative branch or by
the District of Columbia.
Uniformed services has the meaning
given that term by 5 U.S.C. 2101(3).
In addition to the standards of
conduct in subpart B of this part, an
employee shall comply with the
standards of ethical conduct in 5 CFR
part 2635, as well as any supplemental
regulation issued by the employee’s
agency under 5 CFR 2635.105. An
employee’s violation of those
regulations may cause the employee’s
agency to take disciplinary action, or
corrective action as that term is used in
5 CFR part 2635. Such disciplinary
action or corrective action may be in
addition to any penalty prescribed by
law.
Subpart B—Standards of Conduct
§ 735.201 What are the restrictions on
gambling?
(a) While on Government-owned or
leased property or on duty for the
Government, an employee shall not
conduct or participate in any gambling
activity, including operating a gambling
device, conducting a lottery or pool,
participating in a game for money or
property, or selling or purchasing a
numbers slip or ticket.
(b) This section does not preclude
activities:
(1) Necessitated by an employee’s
official duties; or
(2) Occurring under section 7 of
Executive Order 12353 and similar
agency-approved activities.
E:\FR\FM\11AUR1.SGM
11AUR1
46074
Federal Register / Vol. 71, No. 155 / Friday, August 11, 2006 / Rules and Regulations
§ 735.202 What are the restrictions on
conduct that safeguard the examination
process?
(a) An employee shall not, with or
without compensation, teach, lecture, or
write for the purpose of the preparation
of a person or class of persons for an
examination of the Office of Personnel
Management (OPM) or other agency to
which examining authority has been
delegated, or Board of Examiners for the
Foreign Service that depends on
information obtained as a result of the
employee’s Government employment.
(b) This section does not preclude the
preparation described in paragraph (a)
of this section if:
(1) The information upon which the
preparation is based has been made
available to the general public or will be
made available on request; or
(2) Such preparation is authorized in
writing by the Director of OPM, or his
or her designee, or by the head of an
agency to which examining authority
had been delegated, or his or her
designee, or by the Director General of
the Foreign Service, or his or her
designee, as applicable.
§ 735.203 What are the restrictions on
conduct prejudicial to the Government?
An employee shall not engage in
criminal, infamous, dishonest, immoral,
or notoriously disgraceful conduct, or
other conduct prejudicial to the
Government.
[FR Doc. E6–13149 Filed 8–10–06; 8:45 am]
BILLING CODE 6325–48–P
DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
State Administrative Expense Funds
Food and Nutrition Service,
USDA.
ACTION: Final rule.
AGENCY:
rwilkins on PROD1PC63 with RULES
Background
Section 202 of the Child Nutrition and
WIC Reauthorization Act of 2004 (Pub.
L. 108–265; June 30, 2004) amended
section 7 of the Child Nutrition Act of
1966 (42 U.S.C. 1776) regarding State
Administrative Expense (SAE) funds for
administration of the Child Nutrition
Programs which include the National
School Lunch Program (NSLP), the
School Breakfast Program (SBP) and/or
the Special Milk Program (SMP).
Section 202 increased the minimum
SAE grant amount to States, from
$100,000 to $200,000 per year and
added an annual adjustment to the
minimum grant beginning in fiscal year
2009. It also contained a provision that
for fiscal years 2005 through 2007, no
State shall receive less than its fiscal
year 2004 SAE allocation. Regulations
for SAE funds are codified at 7 CFR part
235.
This final rule amends § 235.4 to
include the requirement that for each of
fiscal years 2005 through 2007 no State
shall receive less than its fiscal year
2004 allocation for administrative
expenses.
RIN 0584–AD53
Minimum State Grant for
Administrative Expenses
SUMMARY: This rule makes changes to
the regulations governing State
Administrative Expense funds for the
Child Nutrition Programs to reflect
amendments made by the Child
Nutrition and WIC Reauthorization Act
of 2004 to the Child Nutrition Act of
1966. This rule implements a provision
of the Act that increases the minimum
State Administrative Expense grant for
each State administering the National
School Lunch Program (NSLP), the
School Breakfast Program (SBP) and/or
the Special Milk Program (SMP) from
16:26 Aug 10, 2006
This rule is effective September
11, 2006.
FOR FURTHER INFORMATION CONTACT:
Melissa Rothstein, Chief, Program
Analysis and Monitoring Branch, Child
Nutrition Division, Food and Nutrition
Service (FNS) at 703–305–2595.
SUPPLEMENTARY INFORMATION:
DATES:
Non-Discretionary SAE Funds
7 CFR Part 235
VerDate Aug<31>2005
$100,000 to $200,000 a year, adjusted by
an index beginning in fiscal year 2009.
The rule also implements a
requirement that for fiscal years 2005
through 2007 no State shall receive less
than its fiscal year 2004 allocation for
administrative costs. This final rule will
increase the available funds to certain
States to expand supervision and
technical assistance of Child Nutrition
Programs.
Jkt 208001
This final rule amends § 235.4(a)(1) by
increasing the minimum SAE grant for
each State administering the NSLP, the
SBP and/or the SMP from $100,000 to
$200,000 a year. The minimum SAE
grant will be adjusted beginning fiscal
year 2009 using the Department of
Commerce, Bureau of Economic
Analysis index for State and local
government purchases. The percentage
change between the value of the index
for the 12-month period ending June 30
of the second preceding fiscal year and
the value of the index for the 12-month
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Frm 00002
Fmt 4700
Sfmt 4700
period ending June 30 of the preceding
fiscal year will be the basis for the
annual adjustment.
It should be noted that the annual
adjustment prescribed in the law is not
a cumulative adjustment. Rather, the
adjustment will be made each year,
beginning in fiscal year 2009, to the
minimum grant amount of $200,000.
Depending on the performance of the
Department of Commerce index, the
grant amount levels could increase or
decrease from one year to the next.
Pursuant to section 502(b)(2) of Public
Law 108–265, these requirements were
effective October 1, 2004. FNS issued an
implementation memorandum
informing State agencies of these
changes on July 12, 2004.
Use of funds—Technology
infrastructure improvement requirement
section 202(b) of Public Law 108–265
also amended section 7 of the Child
Nutrition Act of 1966 by adding a new
subsection (i) which included a
requirement that each State agency
submit an amendment to the State
agency’s plan detailing how SAE funds
would be used for technology
infrastructure improvement. The
amendment to the plan was required to
describe how SAE funds would be used
by the State agency in part to implement
information systems that address
potential cost savings and improve
program integrity by:
• Monitoring the nutrient content of
meals served;
• Providing training to local
educational agencies, school food
authorities, and schools on how to use
technology and information
management systems for activities
including menu planning, collecting
point-of-sale data, and the processing of
applications for free and reduced-price
meals; and
• Using electronic data to establish
benchmarks to compare and monitor
program integrity, participation and
financial data across schools and school
food authorities.
Pursuant to section 502(a) of Public
Law 108–265, this requirement was
effective on June 30, 2004. FNS issued
an implementation memorandum
informing State agencies of this
requirement on August 30, 2004. All
required amendments to SAE plans
have been submitted to FNS. No change
to the existing regulations at 7 CFR part
235 is needed in order to implement
this statutory requirement.
Executive Order 12866
This final rule has been determined to
be not significant and was not reviewed
by the Office of Management and
Budget under Executive Order 12866.
E:\FR\FM\11AUR1.SGM
11AUR1
]]>Agencies
[Federal Register Volume 71, Number 155 (Friday, August 11, 2006)]
[Rules and Regulations]
[Pages 46073-46074]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13149]
========================================================================
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
week.
========================================================================
Federal Register / Vol. 71, No. 155 / Friday, August 11, 2006 / Rules
and Regulations
[[Page 46073]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 735
RIN 3206-AJ74
Employee Responsibilities and Conduct
AGENCY: Office of Personnel Management.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Office of Personnel Management (OPM) is issuing a plain
language rewrite of its regulations regarding the standards that govern
employee responsibilities and conduct as part of a review of certain
OPM regulations. The purpose of the revisions is to make the
regulations more readable.
DATES: Effective Date: September 11, 2006.
FOR FURTHER INFORMATION CONTACT: Wade Plunkett, by telephone at 202-
606-1700; or by FAX at 202-606-0082 or by e-mail at wmplunke@opm.gov.
SUPPLEMENTARY INFORMATION: OPM is revising part 735, which deals with
employee responsibility and conduct, as part of a review of certain OPM
regulations for plain language purposes. On January 15, 2003 (68 FR
1987) OPM published a proposed regulation. One internal commenter noted
that since the original regulation was published, OPM has delegated
examining authority to some agencies in certain circumstances.
Therefore, the proposed regulations have been modified to recognize
this and permit the head of an agency to which examining authority had
been delegated or his or her designee to grant exceptions to the
prohibition contained in section 735.202(a). Since no other comments
were received, we are publishing the proposed rule as final without
further modification, except we are updating the reference to General
Accounting Office and changing it to Government Accountability Office.
The purpose of this revision to part 735 is not to make substantive
changes, but rather to make part 735 more readable, and to convert the
regulation to a question and answer format.
Regulatory Flexibility Act
I certify that these regulations will not have a significant
economic impact on a substantial number of small entities because they
will affect only Federal agencies and employees.
E.O. 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with E.O. 12866.
List of Subjects in 5 CFR Part 735
Conflict of interests, Government employees.
Office of Personnel Management
Linda M. Springer,
Director.
0
Accordingly, OPM is revising part 735 as follows:
PART 735--EMPLOYEE RESPONSIBILITIES AND CONDUCT
Subpart A--General Provisions
Sec.
735.101 Definitions.
735.102 What are the grounds for disciplinary action?
735.103 What other regulations pertain to employee conduct?
Subpart B--Standards of Conduct
Sec.
735.201 What are the restrictions on gambling?
735.202 What are the restrictions on conduct that safeguard the
examination process?
735.203 What are the restrictions on conduct prejudicial to the
Government?
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.
Subpart A--General Provisions
Sec. 735.101 Definitions.
In this part:
Agency means an Executive agency (other than the Government
Accountability Office) as defined by 5 U.S.C. 105, the Postal Service,
and the Postal Rate Commission.
Employee means any officer or employee of an agency, including a
special Government employee, but does not include a member of the
uniformed services.
Government means the United States Government.
Special Government employee means an officer or employee specified
in 18 U.S.C. 202(a) except one who is employed in the legislative
branch or by the District of Columbia.
Uniformed services has the meaning given that term by 5 U.S.C.
2101(3).
Sec. 735.102 What are the grounds for disciplinary action?
An employee's violation of any of the regulations in subpart B of
this part may be cause for for disciplinary action by the employee's
agency, which may be in addition to any penalty prescribed by law.
Sec. 735.103 What other regulations pertain to employee conduct?
In addition to the standards of conduct in subpart B of this part,
an employee shall comply with the standards of ethical conduct in 5 CFR
part 2635, as well as any supplemental regulation issued by the
employee's agency under 5 CFR 2635.105. An employee's violation of
those regulations may cause the employee's agency to take disciplinary
action, or corrective action as that term is used in 5 CFR part 2635.
Such disciplinary action or corrective action may be in addition to any
penalty prescribed by law.
Subpart B--Standards of Conduct
Sec. 735.201 What are the restrictions on gambling?
(a) While on Government-owned or leased property or on duty for the
Government, an employee shall not conduct or participate in any
gambling activity, including operating a gambling device, conducting a
lottery or pool, participating in a game for money or property, or
selling or purchasing a numbers slip or ticket.
(b) This section does not preclude activities:
(1) Necessitated by an employee's official duties; or
(2) Occurring under section 7 of Executive Order 12353 and similar
agency-approved activities.
[[Page 46074]]
Sec. 735.202 What are the restrictions on conduct that safeguard the
examination process?
(a) An employee shall not, with or without compensation, teach,
lecture, or write for the purpose of the preparation of a person or
class of persons for an examination of the Office of Personnel
Management (OPM) or other agency to which examining authority has been
delegated, or Board of Examiners for the Foreign Service that depends
on information obtained as a result of the employee's Government
employment.
(b) This section does not preclude the preparation described in
paragraph (a) of this section if:
(1) The information upon which the preparation is based has been
made available to the general public or will be made available on
request; or
(2) Such preparation is authorized in writing by the Director of
OPM, or his or her designee, or by the head of an agency to which
examining authority had been delegated, or his or her designee, or by
the Director General of the Foreign Service, or his or her designee, as
applicable.
Sec. 735.203 What are the restrictions on conduct prejudicial to the
Government?
An employee shall not engage in criminal, infamous, dishonest,
immoral, or notoriously disgraceful conduct, or other conduct
prejudicial to the Government.
[FR Doc. E6-13149 Filed 8-10-06; 8:45 am]
BILLING CODE 6325-48-P
