Post-Employment Conflict of Interest Restrictions; Departmental Component Designations
| Published date | 06 April 2021 |
| Citation | 86 FR 17691 |
| Record Number | 2021-06971 |
| Section | Rules and Regulations |
| Court | Government Ethics Office |
Federal Register, Volume 86 Issue 64 (Tuesday, April 6, 2021)
[Federal Register Volume 86, Number 64 (Tuesday, April 6, 2021)]
[Rules and Regulations]
[Pages 17691-17692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06971]
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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.
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Federal Register / Vol. 86, No. 64 / Tuesday, April 6, 2021 / Rules
and Regulations
[[Page 17691]]
OFFICE OF GOVERNMENT ETHICS
5 CFR Part 2641
RIN 3209-AA58
Post-Employment Conflict of Interest Restrictions; 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 one agency for
purposes of the one-year post-employment conflict of interest
restriction for senior employees. Specifically, based on the
recommendation of the Department of Defense, OGE is designating one new
component to its regulations.
DATES: This rule is effective April 6, 2021.
FOR FURTHER INFORMATION CONTACT: Kimberly L. Sikora Panza, Associate
Counsel, Office of Government Ethics, Suite 500, 1201 New York Avenue
NW, Washington, DC 20005-3917; Telephone: (202) 482-9300; TTY: (800)
877-8339.
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), the
Department of Defense (DoD) forwarded a written request to OGE to amend
its listing in appendix B to part 2641, and on December 1, 2020, OGE
published a proposed rule in the Federal Register that proposed to
designate the Defense Advanced Research Projects Agency (DARPA) as a
separate component of DoD for purposes of 18 U.S.C. 207(c). The
proposed rule provided a 30-day comment period, which ended on December
31, 2020. OGE did not receive any comments. The rationale for the rule,
which OGE is now adopting as final, is explained in the proposed rule
preamble at 85 FR 77014.
For the reasons stated in the preamble to the proposed rule, OGE is
granting the request of the DoD to amend its listing to designate DARPA
as a distinct and separate component of the agency for purposes of 18
U.S.C. 207(c). 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 designation made in this rule for DARPA is effective on the
date the final rule is published in the Federal Register.
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
[[Page 17692]]
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: March 31, 2021.
Emory Rounds,
Director, Office of Government Ethics.
Accordingly, for the reasons set forth in the preamble, the Office
of Government Ethics is amending 5 CFR part 2641 as set forth below:
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. Amend appendix B to part 2641 by revising the listing for the
Department of Defense to read as follows:
Appendix B to Part 2641--Agency Components for Purposes of 18 U.S.C.
207(c)
* * * * *
Parent: Department of Defense
Components:
Defense Advanced Research Projects Agency (DARPA) (effective
April 6, 2021).
Department of the Air Force.
Department of the Army.
Department of the Navy.
Defense Information Systems Agency.
Defense Intelligence Agency.
Defense Logistics Agency.
Defense Threat Reduction Agency (effective February 5, 1999).
National Geospatial-Intelligence Agency (formerly National
Imagery and Mapping Agency) (effective May 16, 1997).
National Reconnaissance Office (effective January 30, 2003).
National Security Agency.
* * * * *
[FR Doc. 2021-06971 Filed 4-5-21; 8:45 am]
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