[Federal Register Volume 89, Number 177 (Thursday, September 12, 2024)]
[Rules and Regulations]
[Pages 74107-74109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20699]



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 Rules and Regulations
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 This section of the FEDERAL REGISTER contains regulatory documents 
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  Federal Register / Vol. 89, No. 177 / Thursday, September 12, 2024 / 
Rules and Regulations  

[[Page 74107]]



OFFICE OF GOVERNMENT ETHICS

5 CFR Part 2641

RIN 3209-AA59


Post-Employment Conflict of Interest Restrictions; Revision of 
Departmental Component Designations

AGENCY: Office of Government Ethics.

ACTION: Final rule.

-----------------------------------------------------------------------

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 Health and Human Services, OGE is 
designating one new component in its regulations.

DATES: This rule is effective September 12, 2024.

FOR FURTHER INFORMATION CONTACT: Kimberly L. Sikora Panza, Senior 
Associate Counsel, U.S. Office of Government Ethics, 250 E Street SW, 
Suite 750, Washington, DC 20024-3249; Telephone: 202-482-9300; TTY: 
800-877-8339; FAX: 202-482-9237.

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 that there exists no potential for use of 
undue influence or unfair advantage based on past Government service,'' 
the Director shall by rule designate that 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 Health and Human Services (HHS) requested that OGE amend 
its components listed in appendix B to part 2641. On May 28, 2024, OGE 
published a proposed rule in the Federal Register that proposed to 
designate the Administration for Strategic Preparedness and Response 
(ASPR) in appendix B to part 2641 as a separate component of HHS for 
purposes of 18 U.S.C. 207(c). The proposed rule provided for a 30-day 
comment period, which ended on June 27, 2024; 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 89 FR 46036.
    For the reasons stated in the preamble to the proposed rule, OGE is 
granting the request of HHS to amend its listing in appendix B to part 
2641 to designate ASPR 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 ASPR 
is effective on the date this final rule is published in the Federal 
Register.

II. Matters of Regulatory Procedure

Regulatory Flexibility Act

    As Acting 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 12866, 13563 and 14094

    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 Order 12866, Regulatory Planning 
and Review (58 FR 51735, Oct. 4, 1993); Executive Order 13563, 
Improving Regulation and Regulatory Review (76 FR 3821, Jan. 21, 2011); 
and Executive Order 14094, Modernizing Regulatory Review (88 FR 21879, 
Apr. 11, 2023). 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

[[Page 74108]]

and benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility.
    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 12988

    As Acting 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.

Executive Order 13715

    The Office of Government Ethics has evaluated this final rule under 
the criteria set forth in Executive Order 13175 and determined that 
Tribal consultation is not required as this proposed rule has no 
substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes.

List of Subjects in 5 CFR Part 2641

    Conflict of interests, Government employees.

    Approved: September 9, 2024.
Shelley K. Finlayson,
Acting Director, Office of Government Ethics.

    Accordingly, for the reasons set forth in the preamble, the U.S. 
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 is revised to read as follows:

    Authority:  5 U.S.C. ch. 131; 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. Revise appendix B to read as follows:

Appendix B to Part 2641--Agency Components for Purposes of 18 U.S.C. 
207(c)

    Pursuant to the provisions of 18 U.S.C. 207(h), each of the 
following agencies is determined, for purposes of 18 U.S.C. 207(c), 
and 5 CFR 2641.204, to have within it distinct and separate 
components as set forth below. Except as otherwise indicated, all 
designations are effective as of January 1, 1991.

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 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.

Parent: Department of Energy

Component

    Federal Energy Regulatory Commission.

Parent: Department of Health and Human Services

Components

    Administration for Children and Families (effective January 28, 
1992).
    Administration for Community Living (effective December 4, 
2014).
    Administration for Strategic Preparedness and Response 
(effective September 12, 2024).
    Agency for Healthcare Research and Quality (formerly Agency for 
Health Care Policy and Research) (effective May 16, 1997).
    Agency for Toxic Substances and Disease Registry (effective May 
16, 1997).
    Centers for Disease Control and Prevention (effective May 16, 
1997).
    Centers for Medicare and Medicaid Services (formerly Health Care 
Financing Administration).
    Food and Drug Administration.
    Health Resources and Services Administration (effective May 16, 
1997).
    Indian Health Service (effective May 16, 1997).
    National Institutes of Health (effective May 16, 1997).
    Substance Abuse and Mental Health Services Administration 
(effective May 16, 1997).

Parent: Department of the Interior

Components \[1]\

    Bureau of Indian Affairs (effective January 28, 1992).
    Bureau of Land Management (effective January 28, 1992).
    Bureau of Reclamation (effective January 28, 1992).
    National Park Service (effective January 28, 1992).
    Office of Surface Mining Reclamation and Enforcement (effective 
January 28, 1992).
    U.S. Fish and Wildlife Service (effective January 28, 1992).
    U.S. Geological Survey (effective January 28, 1992).

Parent: Department of Justice

Components

    Antitrust Division.
    Bureau of Alcohol, Tobacco, Firearms and Explosives (effective 
November 23, 2004).
    Bureau of Prisons (including Federal Prison Industries, Inc.).
    Civil Division.
    Civil Rights Division.
    Community Relations Service.
    Criminal Division.
    Drug Enforcement Administration.
    Environment and Natural Resources Division.
    Executive Office for United States Attorneys \[2]\ (effective 
January 28, 1992).
    Executive Office for United States Trustees \[3]\ (effective 
January 28, 1992).
    Federal Bureau of Investigation.
    Foreign Claims Settlement Commission.
    Independent Counsel appointed by the Attorney General.
    Office of Justice Programs.
    Office of the Pardon Attorney (effective January 28, 1992).
    Offices of the United States Attorney (each of 94 offices).
    Offices of the United States Trustee (each of 21 offices).
    Office on Violence Against Women \[4]\ (effective March 8, 
2007).
    Tax Division.
    United States Marshals Service (effective May 16, 1997).
    United States Parole Commission.

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).

[[Page 74109]]

    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).

Parent: Department of State

Component

    Foreign Service Grievance Board.

Parent: Department of Transportation

Components

    Federal Aviation Administration.
    Federal Highway Administration.
    Federal Motor Carrier Safety Administration (effective January 
30, 2003).
    Federal Railroad Administration.
    Federal Transit Administration.
    Maritime Administration.
    National Highway Traffic Safety Administration.
    Pipeline and Hazardous Materials Safety Administration 
(effective December 29, 2016).
    Saint Lawrence Seaway Development Corporation.

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).

Footnotes--Appendix B to Part 2641

    \[1]\ All designated components under the jurisdiction of a 
particular Assistant Secretary shall be considered a single 
component for purposes of determining the scope of 18 U.S.C. 207(c) 
as applied to senior employees serving on the immediate staff of 
that Assistant Secretary.
    \[2]\ The Executive Office for United States Attorneys shall not 
be considered separate from any Office of the United States Attorney 
for a judicial district, but only from other designated components 
of the Department of Justice.
    \[3]\ The Executive Office for United States Trustees shall not 
be considered separate from any Office of the United States Trustee 
for a region, but only from other designated components of the 
Department of Justice.
    \[4]\ The Office on Violence Against Women shall not be 
considered separate from the Office of Justice Programs, but only 
from other designated components of the Department of Justice.

[FR Doc. 2024-20699 Filed 9-11-24; 8:45 am]
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