Post-Employment Conflict of Interest Restrictions; Revision of Departmental Component Designations
| Citation | 85 FR 38274 |
| Record Number | 2020-12356 |
| Published date | 26 June 2020 |
| Section | Rules and Regulations |
| Court | Government Ethics Office |
Federal Register, Volume 85 Issue 124 (Friday, June 26, 2020)
[Federal Register Volume 85, Number 124 (Friday, June 26, 2020)]
[Rules and Regulations]
[Pages 38274-38276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12356]
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OFFICE OF GOVERNMENT ETHICS
5 CFR Part 2641
RIN 3209-AA44
Post-Employment Conflict of Interest Restrictions; Revision of
Departmental Component Designations
AGENCY: Office of Government Ethics.
ACTION: Final rule.
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SUMMARY: The U.S. Office of Government Ethics (OGE) is issuing this
final rule to revise the component designations of three agencies for
purposes of the one-year post-employment conflict of interest
restriction for senior employees. Specifically, based on the
recommendations of the agencies concerned, OGE is designating two new
components in appendix B to 5 CFR part 2641, and correcting an
inadvertent error in the current appendix B listing of a previously-
designated component.
DATES: This rule is effective June 26, 2020.
FOR FURTHER INFORMATION CONTACT: Kimberly L. Sikora Panza, Associate
Counsel, Telephone: (202) 482-9300.
SUPPLEMENTARY INFORMATION:
I. Background
The Director of OGE (Director) is authorized by 18 U.S.C. 207(h) to
designate distinct and separate departmental or agency components in
the executive branch for purposes of 18 U.S.C. 207(c), the one-year
post-employment conflict of interest restriction for senior employees.
Under 18 U.S.C. 207(h)(2), component designations do not apply to
persons employed at a rate of pay specified in or fixed according to
subchapter II of 5 U.S.C. chapter 53 (the Executive Schedule).
Component designations are listed in appendix B to 5 CFR part 2641.
The representational bar of 18 U.S.C. 207(c) usually extends to the
whole of any department or agency in which a former senior employee
served in any capacity during the year prior to termination from a
senior employee position. However, 18 U.S.C. 207(h) provides that
whenever the Director determines that an agency or bureau within a
department or agency in the executive branch exercises functions which
are distinct and separate from the remaining functions of the
department or agency and there exists no potential for use of undue
influence or unfair advantage based on past Government service, the
Director shall by rule designate such agency or bureau as a separate
component of that department or agency.
Pursuant to the procedures prescribed in 5 CFR 2641.302(e), three
agencies forwarded written requests to OGE to amend their listings in
appendix B to part 2641, and on February 7, 2020, OGE published a
proposed rule in the Federal Register that proposed to revise the
component designations of those agencies (85 FR 7252). The proposed
rule provided a 30-day comment period, which ended on March 9, 2020.
OGE
[[Page 38275]]
did not receive any comments. The rationale for the proposed rule,
which OGE is now adopting as final, is explained in the proposed rule
preamble at 85 FR 7252 (Feb. 7, 2020).
For the reasons stated in the preamble to the proposed rule, OGE
is: (1) Granting the request of the Department of Labor and amending
the agency's listing to designate the Veterans' Employment and Training
Service as a distinct and separate component of the Department of Labor
for purposes of 18 U.S.C. 207(c); (2) granting the request of the
Department of Commerce to designate the Bureau of Economic Analysis as
a distinct and separate component of the Department of Commerce for
purposes of 18 U.S.C. 207(c); and (3) granting the request of the
Department of the Treasury to update the component listed as
``Financial Crimes Enforcement Center (FinCEN)'' to reflect the
component's proper name, ``Financial Crimes Enforcement Network
(FinCEN)'', thereby correcting an inadvertent error in the appendix B
listing of this long-designated component.
As indicated in 5 CFR 2641.302(f), a designation ``shall be
effective on the date the rule creating the designation is published in
the Federal Register and shall be effective as to individuals who
terminated senior service either before, on or after that date.''
Initial designations in appendix B to part 2641 were effective as of
January 1, 1991. The effective date of subsequent designations is
indicated by means of parenthetical entries in appendix B. The new
component designations made in this rule for the Veterans' Employment
and Training Service and the Bureau of Economic Analysis are effective
on the date the final rule is published in the Federal Register; the
component designation of FinCEN remains in effect as of the original
designation date, January 30, 2003.
II. Matters of Regulatory Procedure
Regulatory Flexibility Act
As Director of the Office of Government Ethics, I certify under the
Regulatory Flexibility Act (5 U.S.C. chapter 6) that this final rule
will not have a significant economic impact on a substantial number of
small entities because it affects only Federal departments and agencies
and current and former Federal employees.
Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply
to this final rule because it does not contain information collection
requirements that require the approval of the Office of Management and
Budget.
Unfunded Mandates Reform Act
For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
chapter 25, subchapter II), this final rule will not significantly or
uniquely affect small governments and will not result in increased
expenditures by State, local, and tribal governments, in the aggregate,
or by the private sector, of $100 million or more (as adjusted for
inflation) in any one year.
Congressional Review Act
The final rule is not a major rule as defined in 5 U.S.C. chapter
8, Congressional Review of Agency Rulemaking.
Executive Orders 13563 and 12866
Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select the regulatory approaches that
maximize net benefits (including economic, environmental, public health
and safety effects, distributive impacts, and equity). Executive Order
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
In promulgating this final rule, the Office of Government Ethics has
adhered to the regulatory philosophy and the applicable principles of
regulation set forth in Executive Orders 12866 and 13563. This rule has
not been reviewed by the Office of Management and Budget under
Executive Order 12866 because it is not a ``significant'' regulatory
action for the purposes of that order.
Executive Order 112988
As Director of the Office of Government Ethics, I have reviewed
this final rule in light of section 3 of Executive Order 12988, Civil
Justice Reform, and certify that it meets the applicable standards
provided therein.
List of Subjects in 5 CFR Part 2641
Conflict of interests, Government employees.
Approved: May 19, 2020.
Emory Rounds,
Director, Office of Government Ethics.
Accordingly, for the reasons set forth in the preamble, the Office
of Government Ethics amends 5 CFR part 2641, as follows:
PART 2641--POST-EMPLOYMENT CONFLICT OF INTEREST RESTRICTIONS
0
1. The authority citation for part 2641 continues to read as follows:
Authority: 5 U.S.C. app. (Ethics in Government Act of 1978); 18
U.S.C. 207; 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.
0
2. Appendix B to part 2641 is amended by revising the listings for the
Department of Commerce, the Department of Labor, and the Department of
the Treasury to read as follows:
Appendix B to Part 2641--Agency Components for Purposes of 18 U.S.C.
207(c)
* * * * *
Parent: Department of Commerce
Components:
Bureau of the Census.
Bureau of Economic Analysis (effective June 26, 2020).
Bureau of Industry and Security (formerly Bureau of Export
Administration) (effective January 28, 1992).
Economic Development Administration.
International Trade Administration.
Minority Business Development Agency (formerly listed as
Minority Business Development Administration).
National Institute of Standards and Technology (effective March
6, 2008).
National Oceanic and Atmospheric Administration.
National Technical Information Service (effective March 6,
2008).
National Telecommunications and Information Administration.
United States Patent and Trademark Office (formerly Patent and
Trademark Office).
* * * * *
Parent: Department of Labor
Components:
Bureau of Labor Statistics.
Employee Benefits Security Administration (formerly Pension and
Welfare Benefits Administration) (effective May 16, 1997).
Employment and Training Administration.
Mine Safety and Health Administration.
Occupational Safety and Health Administration.
Office of Disability Employment Policy (effective January 30,
2003).
Office of Federal Contract Compliance Programs (effective
December 29, 2016).
Office of Labor Management Standards (effective December 29,
2016).
Office of Workers' Compensation Programs (effective December 29,
2016).
Pension Benefit Guaranty Corporation (effective May 25, 2011).
Veterans' Employment and Training Service (effective June 26,
2020).
Wage and Hour Division (effective December 29, 2016).
* * * * *
[[Page 38276]]
Parent: Department of the Treasury
Components:
Alcohol and Tobacco Tax and Trade Bureau (effective November 23,
2004).
Bureau of Engraving and Printing.
Bureau of the Fiscal Service (effective December 4, 2014).
Comptroller of the Currency.
Financial Crimes Enforcement Network (FinCEN) (effective January
30, 2003).
Internal Revenue Service.
United States Mint (formerly listed as Bureau of the Mint).
[FR Doc. 2020-12356 Filed 6-25-20; 8:45 am]
BILLING CODE 6345-03-P
