BUILD Act of 2018; Transfer of Regulations

Published date02 August 2019
Citation84 FR 37751
Record Number2019-16250
SectionRules and Regulations
CourtOverseas Private Investment Corporation
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.
Rules and Regulations Federal Register
37751
Vol. 84, No. 149
Friday, August 2, 2019
OVERSEAS PRIVATE INVESTMENT
CORPORATION
5 CFR Chapter XXXIII
22 CFR Chapter VII
BUILD Act of 2018; Transfer of
Regulations
AGENCY
: Overseas Private Investment
Corporation, US International
Development Finance Corporation.
ACTION
: Final rule.
SUMMARY
: The Better Utilization of
Investments Leading to Development
(BUILD) Act of 2018 will create the U.S.
International Development Finance
Corporation (DFC) by bringing together
the Overseas Private Investment
Corporation (OPIC) and the
Development Credit Authority (DCA)
office of the U.S. Agency for
International Development (USAID).
The reorganization requires a transfer of
administrative regulations from OPIC to
the new agency.
DATES
: Effective October 1, 2019.
FOR FURTHER INFORMATION CONTACT
:
Nichole Skoyles, Administrative
Counsel, 202–408–6297, fedreg@
opic.gov.
SUPPLEMENTARY INFORMATION
: The
BUILD Act of 2018 will winddown
OPIC and combine the capabilities of
OPIC and DCA while providing the US
with more flexibility and tools to
support investments in developing
countries. DFC will be a new, modern
agency and requires administrative
structure to support its mission. DFC
will replace OPIC as the authority for 5
CFR Chapter XXXIII and 22 CFR
Chapter VII and assume its
administrative regulations which cover
ethics restrictions, the FOIA, the Privacy
Act, the Sunshine Act, the FCPA,
nondiscrimination provisions, lobbying
restrictions, and Touhy regulations in
all parts under those chapters. Neither
OPIC nor DFC currently plan on having
non-administrative regulations. Other
than a change in agency name, contact
information, and agency authorizing
statute, no changes are proposed to the
existing regulations.
List of Subjects
5 CFR Part 4301
Conflict of interests, Employment.
22 CFR Part 705
Conflict of interests.
22 CFR Part 706
Administrative practice and
procedure, Freedom of information,
Privacy.
22 CFR Part 707
Privacy.
22 CFR Part 708
Sunshine Act.
22 CFR Part 709
U.S. investments abroad.
22 CFR Part 710
Administrative practice and
procedure, Conflict of interest.
22 CFR Part 711
Administrative practice and
procedure, Equal employment
opportunity, Federal buildings and
facilities, Individuals with disabilities.
22 CFR Part 712
Government contracts, Grant
programs, Loan programs, Lobbying,
Penalties, Reporting and recordkeeping
requirements.
22 CFR Part 713
Administrative practice and
procedure, Labor management relations,
State Department
For the reasons stated in the preamble
the Overseas Private Investment
Corporation amends 5 CFR chapter
XXXIII and 22 CFR chapter VII as
follows:
Title 5
CHAPTER XXXIII—US INTERNATIONAL
DEVELOPMENT FINANCE CORPORATION
1. Revise the heading for chapter
XXXIII to read as set forth above.
PART 4301—SUPPLEMENTAL
STANDARDS OF ETHICAL CONDUCT
FOR EMPLOYEES OF THE US
INTERNATIONAL DEVELOPMENT
FINANCE CORPORATION
2. The authority citation for part 4301
continues to read as follows:
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,
2635.803.
3. Revise the heading for part 4301 to
read as set forth above.
§ 4301.101 [Amended]
4. In § 4301.101, remove the words
‘‘Overseas Private Investment
Corporation (OPIC)’’ and add in their
place the words ‘‘US International
Development Finance Corporation
(DFC)’’ in the first sentence.
Title 22
CHAPTER VII—US INTERNATIONAL
DEVELOPMENT FINANCE CORPORATION
5. Revise the heading for chapter VII
to read as set forth above.
PART 705—EMPLOYEE ETHICAL
CONDUCT STANDARDS AND
FINANCIAL DISCLOSURE
REGULATIONS
6. Revise the authority citation for part
705 to read as follows:
Authority: 5 U.S.C. 7301; Pub. L. 115–254,
sections 1401–1470.
§ 705.101 [Amended]
7. In § 705.101:
a. Remove the words ‘‘Overseas
Private Investment Corporation (OPIC)’’
and add in their place the words ‘‘US
International Development Finance
Corporation (DFC)’’; and
b. Remove ‘‘OPIC’’ and add in its
place ‘‘DFC’’.
PART 706—INFORMATION
DISCLOSURE UNDER THE FREEDOM
OF INFORMATION ACT
8. Revise the authority citation for part
706 to read as follows:
Authority: 5 U.S.C. 552, Pub. L. 114–185;
Pub. L. 115–254, sections 1401–1470.
9. In part 706:
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37752
Federal Register / Vol. 84, No. 149 / Friday, August 2, 2019 / Rules and Regulations
a. Revise the words ‘‘Overseas Private
Investment Corporation’’ and add in
their place the words ‘‘US International
Development Finance Corporation’’
wherever they occur; and
b. Remove ‘‘OPIC’’ and add in its
place ‘‘DFC’’ wherever it occurs.
§ 706.10 [Amended]
10. In § 706.10, remove the web
address ‘‘www.opic.gov/foia’’ and add in
its place ‘‘www.dfc.gov’’.
§ 706.11 [Amended]
11. In § 706.11, in paragraph (a)(1),
remove the web address ‘‘FOIA@
opic.gov’’ and add in its place ‘‘foia@
dfc.gov’’.
§ 706.34 [Amended]
12. In § 706.34, in paragraph (a),
remove the web address ‘‘FOIA@
opic.gov’’ and add in its place ‘‘foia@
dfc.gov’’.
PART 707—ACCESS TO AND
SAFEGUARDING OF PERSONAL
INFORMATION
13. Revise the authority citation for
part 707 to read as follows:
Authority: 5 U.S.C. 552a; Pub. L. 115–254,
sections 1401–1470.
14. Revise the heading for part 707 to
read as set forth above.
15. In part 707:
a. Remove the words ‘‘Overseas
Private Investment Corporation’’ and
add in their place the words ‘‘US
International Development Finance
Corporation’’ wherever they occur; and
b. Remove ‘‘OPIC’’ and add in its
place ‘‘DFC’’ wherever it occurs.
§ 707.21 [Amended]
16. In § 707.21, in paragraph (a),
remove the web address ‘‘Privacy@
opic.gov’’ and add in its place
‘‘privacy@dfc.gov’’.
PART 708—SUNSHINE REGULATIONS
17. Revise the authority citation for
part 708 to read as follows:
Authority: 5 U.S.C. 552b; Pub. L. 115–254,
sections 1401–1470.
PART 709—[REMOVED AND
RESERVED]
18. Under the authority 22 U.S.C.
2191, remove and reserve part 709,
consisting of §§ 709.1 through 709.8.
PART 710—ADMINISTRATIVE
ENFORCEMENT PROCEDURES OF
POST-EMPLOYMENT RESTRICTIONS
19. Revise the authority citation for
part 710 to read as follows:
Authority: 18 U.S.C. 207; Pub. L. 115–254,
sections 1401–1470.
20. In part 710:
a. Remove the words ‘‘Overseas
Private Investment Corporation’’ and
add in their place the words ‘‘US
International Development Finance
Corporation’’ wherever they occur; and
b. Remove ‘‘OPIC’’ and add in its
place ‘‘DFC’’ wherever it occurs.
PART 711—ENFORCEMENT OF
NONDISCRIMINATION ON THE BASIS
OF HANDICAP IN PROGRAMS OR
ACTIVITIES
21. Revise the authority citation for
part 711 to read as follows:
Authority: 29 U.S.C. 794; Pub. L. 115–254,
sections 1401–1470.
22. Revise the heading for part 711 to
read as set forth above.
§ 711.170 [Amended]
23. In § 711.170, in paragraph (c),
remove the address ‘‘1615 M Street NW,
Washington, DC 20527, Attention:
Director of Personnel’’ and add in its
place ‘‘1100 New York Avenue NW,
Washington, DC 20527, Attention:
Director of Human Resources
Management’’.
PART 712—NEW RESTRICTIONS ON
LOBBYING
24. Revise the authority citation for
part 712 to read as follows:
Authority: 31 U.S.C. 1352; Pub. L. 115–
254, section 1401–1470.
PART 713—PRODUCTION OF
NONPUBLIC RECORDS AND
TESTIMONY OF EMPLOYEES IN
LEGAL PROCEEDINGS
25. Revise the authority citation for
part 713 to read as follows:
Authority: 5 U.S.C. 301; 5 U.S.C. 552; 5
U.S.C. 552a; 5 U.S.C. 702; 18 U.S.C. 207; 18
U.S.C. 641; 22 U.S.C. 2199(d); 28 U.S.C.
1821; Pub. L. 115–254, sections 1401–1470.
26. Revise the heading for part 713 to
read as set forth above.
27. In part 713:
a. Remove the words ‘‘Overseas
Private Investment Corporation’’ and
add in their place the words ‘‘US
International Development Finance
Corporation’’ wherever they occur; and
b. Remove ‘‘OPIC’’ and add in its
place ‘‘DFC’’ wherever it occurs.
Dev Jagadesan,
Deputy General Counsel, Department of Legal
Affairs, Overseas Private Investment
Corporation.
[FR Doc. 2019–16250 Filed 8–1–19; 8:45 am]
BILLING CODE 3210–01–P
DEPARTMENT OF ENERGY
10 CFR Part 708
[DOE–OHA–2019–0017]
RIN 1903–AA09
Revisions to the DOE Contractor
Employee Protection Program
AGENCY
: Office of Hearings and Appeals,
Department of Energy.
ACTION
: Final rule.
SUMMARY
: The DOE Contractor
Employee Protection Program extends
whistleblower protections similar to
those in the Whistleblower Protection
Act to employees of DOE contractors
and subcontractors. The Office of
Hearings and Appeals (OHA) is
amending its regulations to modernize
the Department of Energy’s (DOE or
Department) contractor employee
whistleblower program, as well as to
provide improvements within the
existing program.
DATES
: This final rule is effective
October 1, 2019.
FOR FURTHER INFORMATION CONTACT
:
Kristin L. Martin, Attorney-Advisor,
Office of Hearings and Appeals, U.S.
Department of Energy, 1000
Independence Ave. SW, Washington,
DC 20585–0107, (202) 287–1550, Email:
kristin.martin@hq.doe.gov. Inquiries
must identify the final rule for the DOE
Contractor Employee Protection
Program.
SUPPLEMENTARY INFORMATION
:
I. Background
While most DOE facilities are run by
contractors, and DOE contractor
employees far outnumber DOE
employees, the Whistleblower
Protection Act only protects federal
employees. Therefore, in order to ensure
safe, well-managed workplaces at its
facilities, DOE enacted a whistleblower
protection program for contractor
employees in 1992, the DOE Contractor
Employee Protection Program, now
codified at 10 CFR part 708. 57 FR 7533
(March 3, 1992). On April 30, 2019, the
OHA published a Notice of Proposed
Rulemaking (84 FR 18164) proposing
the first revision to the program since
1999.
II. Summary of Final Rule
The final rule makes the following
revisions to part 708. All section
numbers reference the section numbers
in the revised regulation.
A. Headings
The final rule updates part 708’s
section headings for clarity, so that
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