[Federal Register: July 24, 1996 (Volume 61, Number 143)]
[Notices]
[Page 38519-38520]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[[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
[[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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