Post-Employment Conflict of Interest Restrictions; Revision of Departmental Component Designations, 46036-46038 [2024-10995]

Download as PDF 46036 Proposed Rules Federal Register Vol. 89, No. 103 Tuesday, May 28, 2024 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. OFFICE OF GOVERNMENT ETHICS RIN 3209–AA59 Post-Employment Conflict of Interest Restrictions; Revision of Departmental Component Designations Office of Government Ethics. Proposed rule. AGENCY: The U.S. Office of Government Ethics (OGE) is issuing a proposed 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 proposing to designate one new component in its regulations. DATES: Written comments are invited and must be received on or before June 27, 2024. ADDRESSES: You may submit comments, in writing, to OGE on this proposed rule, identified by RIN 3209–AA59, by any of the following methods: Email: usoge@oge.gov. Include the reference ‘‘Proposed Rule Revising Departmental Component Designations’’ in the subject line of the message. Mail, Hand Delivery/Courier: U.S. Office of Government Ethics, 250 E Street SW, Suite 750, Washington, DC 20024, Attention: Kimberly L. Sikora Panza, Senior Associate Counsel. Instructions: All submissions must include OGE’s agency name and the Regulation Identifier Number (RIN) for this proposed rulemaking, RIN 3209– AA59. All comments, including attachments and other supporting materials, will become part of the public record and be subject to public disclosure. OGE may post comments on its website, www.oge.gov. Sensitive personal information, such as account numbers or Social Security numbers, should not be included. Comments generally will not be edited to remove any identifying or contact information. khammond on DSKJM1Z7X2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 15:47 May 24, 2024 Jkt 262001 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. Substantive Discussion; Addition of New Departmental Component 5 CFR Part 2641 ACTION: FOR FURTHER INFORMATION CONTACT: 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 postemployment 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. As a result, a former senior employee who served in a designated component of a parent department or agency is barred from communicating to or making an appearance before any employee of that component, but is not barred as to any employee of the parent, of another designated component, or of any other agency or bureau of the parent that has not been designated. Likewise, a former senior employee who served in a ‘‘parent’’ department or agency is not barred by 18 U.S.C. 207(c) from making communications to or appearances before any employees of any designated component of that parent, but is barred PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 as to employees of that parent or of other components that have not been separately designated. The Director regularly reviews the component designations listed in appendix B to part 2641, and in consultation with the department or agency concerned, makes such additions and deletions as are necessary. Specifically, pursuant to 5 CFR 2641.302(e)(3), the Director ‘‘shall, by rule, make or revoke a component designation after considering the recommendation of the designated agency ethics official.’’ Before designating an agency component as distinct and separate for purposes of 18 U.S.C. 207(c), the Director must find that the component is an agency or bureau within a parent agency that exercises functions which are distinct and separate from the functions of the parent agency and from the functions of other components of that parent, and that there exists no potential for use of undue influence or unfair advantage based on past Government service. See 5 CFR 2641.302(c). Pursuant to the procedures prescribed in 5 CFR 2641.302(e), one agency provided a complete request to update its components listed in appendix B to part 2641. After carefully reviewing the requested change in light of the criteria in 18 U.S.C. 207(h) as implemented in 5 CFR 2641.302(c), OGE is proposing to grant this request and amend appendix B as explained below. The Department of Health and Human Services (HHS) has requested that OGE 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) because it exercises functions that are distinct and separate from the functions of the parent agency and other components. ASPR— previously operated as the Office of the Assistant Secretary for Preparedness and Response—was originally created in December 2006 when Congress passed the Pandemic and All-Hazards Preparedness Act, Public Law 109–417, 120 Stat. 2831. On July 22, 2022, HHS announced the reclassification of ASPR from a staff division to an Operating Division at HHS, which elevated ASPR to a standalone agency within HHS. All of the other Operating Divisions of HHS are currently designated as separate agency components in 5 CFR part 2641, E:\FR\FM\28MYP1.SGM 28MYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 89, No. 103 / Tuesday, May 28, 2024 / Proposed Rules appendix B; accordingly, designation of ASPR would align this division with all other HHS Operating Divisions for purposes of the senior employee postemployment restriction, 18 U.S.C. 207(c). The factors set forth in 5 CFR 2641.302(c) support designation of ASPR as a separate agency component in appendix B. As discussed above, the office was originally created by statute in 2006, and its reclassification as an Operating Division became effective on February 11, 2023. See Statement of Organization, Functions, and Delegations of Authority, 88 FR 10125 (Feb. 16, 2023). The subject matter of ASPR is largely distinct and separate from other operations of HHS. Specifically, it has the core responsibility for the Department to plan, prepare, and mobilize in response to future disasters and emergencies, public health issues, and public health emergencies. Although the office at times works with other HHS Operating Divisions and other agencies in its efforts, ASPR’s significant responsibilities are performed independently of other Operating Divisions, and many of its most important activities do not cut across organizational lines within the Department. In furtherance of its mission, ASPR has independent authority to publish rules and notices in the Federal Register. In absolute terms, ASPR is a small component that has just over 1,200 employees and a budget of $3.63 billion in fiscal year (FY) 2024; the entirety of HHS employs over 87,000 individuals. In relative terms, ASPR is larger than 3 of the 11 HHS components currently designated in appendix B, and smaller than the other 8. According to HHS, designation of ASPR as a separate agency component would not create the potential for undue influence or unfair advantage based on the past Government service of ASPR employees. As discussed above, ASPR is unique in that its mission focuses on assisting the country to prepare for, respond to, and recover from public health emergencies and disasters, and in furtherance of this mission, ASPR engages in work that differentiates it from other HHS components and the larger agency. OGE therefore is proposing to grant the request of HHS and amend the agency’s listing in appendix B to part 2641 to add ASPR as a new component for purposes of 18 U.S.C. 207(c). ASPR is separate and distinct from its parent organization and other HHS components, and given the manner in which ASPR works independently from VerDate Sep<11>2014 15:47 May 24, 2024 Jkt 262001 other Operating Divisions and the entirety of the agency, there exists no potential for the use of undue influence or unfair advantage based on past Government service. 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 of ASPR made in this proposed rule will be effective on the date the 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 proposed 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 proposed 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 proposed 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 proposed 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 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 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 46037 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 and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This proposed 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 proposed 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 proposed 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: May 15, 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 proposes to amend 5 CFR part 2641 as set forth below: PART 2641—POST-EMPLOYMENT CONFLICT OF INTEREST RESTRICTIONS 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. E:\FR\FM\28MYP1.SGM 28MYP1 46038 Federal Register / Vol. 89, No. 103 / Tuesday, May 28, 2024 / Proposed Rules 2. Appendix B to part 2641 is amended by revising the listings for the Department of Health and Human Services to read as follows: ■ Appendix B to Part 2641—Agency Components for Purposes of 18 U.S.C. 207(c) * * * * * 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 upon publication of the final rule in the Federal Register). 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). * * * * * [FR Doc. 2024–10995 Filed 5–24–24; 8:45 am] BILLING CODE 6345–03–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2024–1347; Airspace Docket No. 23–AWP–47] khammond on DSKJM1Z7X2PROD with PROPOSALS RIN 2120–AA66 Amendment of United States Area Navigation Routes Q–1 and Q–902, Very High Frequency Omnidirectional Range Federal Airway V–495, and Jet Route J–502. Also, the Revocation of Jet Route J–589 and the Establishment of United States Area Navigation Route T–487 and Canadian Area Navigation Route T–895 in Northwestern United States. Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: VerDate Sep<11>2014 15:47 May 24, 2024 Jkt 262001 This action proposes to amend United States Area Navigation (RNAV) Routes Q–1 and Q–902, Very High Frequency Omnidirectional Range (VOR) Federal Airway V–495, and Jet Route J–502; revoke Jet Route J–589; and establish of United States RNAV Route T–487 and Canadian RNAV Route T– 895 in Northwestern United States. The FAA is proposing these airspace actions due to the pending decommissioning of the Victoria, British Columbia (BC), Canada, VOR/Distance Measuring Equipment (VOR/DME). DATES: Comments must be received on or before July 12, 2024. ADDRESSES: Send comments identified by FAA Docket No. FAA–2024–1347 and Airspace Docket No. 23–AWP–47 using any of the following methods: * Federal eRulemaking Portal: Go to www.regulations.gov and follow the online instructions for sending your comments electronically. * Mail: Send comments to Docket Operations, M–30; U.S. Department of Transportation, 1200 New Jersey Avenue SE, Room W12–140, West Building Ground Floor, Washington, DC 20590–0001. * Hand Delivery or Courier: Take comments to Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. * Fax: Fax comments to Docket Operations at (202) 493–2251. Docket: Background documents or comments received may be read at www.regulations.gov at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FAA Order JO 7400.11H, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/ publications/. You may also contact the Rules and Regulations Group, Office of Policy, Federal Aviation Administration, 800 Independence Avenue SW, Washington DC 20591; telephone: (202) 267–8783. FOR FURTHER INFORMATION CONTACT: Steven Roff, Rules and Regulations Group, Office of Policy, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267–8783. SUPPLEMENTARY INFORMATION: SUMMARY: PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 Authority for This Rulemaking The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it would amend the airway structure as necessary to preserve the safe and efficient flow of air traffic within the National Airspace System. Comments Invited The FAA invites interested persons to participate in this rulemaking by submitting written comments, data, or views. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should submit only one time if comments are filed electronically, or commenters should send only one copy of written comments if comments are filed in writing. The FAA will file in the docket all comments it receives, as well as a report summarizing each substantive public contact with FAA personnel concerning this proposed rulemaking. Before acting on this proposal, the FAA will consider all comments it receives on or before the closing date for comments. The FAA will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay. The FAA may change this proposal in light of the comments it receives. Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at www.dot.gov/privacy. E:\FR\FM\28MYP1.SGM 28MYP1

Agencies

[Federal Register Volume 89, Number 103 (Tuesday, May 28, 2024)]
[Proposed Rules]
[Pages 46036-46038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10995]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 89, No. 103 / Tuesday, May 28, 2024 / 
Proposed Rules

[[Page 46036]]



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: Proposed rule.

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

SUMMARY: The U.S. Office of Government Ethics (OGE) is issuing a 
proposed 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 
proposing to designate one new component in its regulations.

DATES: Written comments are invited and must be received on or before 
June 27, 2024.

ADDRESSES: You may submit comments, in writing, to OGE on this proposed 
rule, identified by RIN 3209-AA59, by any of the following methods:
    Email: [email protected]. Include the reference ``Proposed Rule 
Revising Departmental Component Designations'' in the subject line of 
the message.
    Mail, Hand Delivery/Courier: U.S. Office of Government Ethics, 250 
E Street SW, Suite 750, Washington, DC 20024, Attention: Kimberly L. 
Sikora Panza, Senior Associate Counsel.
    Instructions: All submissions must include OGE's agency name and 
the Regulation Identifier Number (RIN) for this proposed rulemaking, 
RIN 3209-AA59. All comments, including attachments and other supporting 
materials, will become part of the public record and be subject to 
public disclosure. OGE may post comments on its website, www.oge.gov. 
Sensitive personal information, such as account numbers or Social 
Security numbers, should not be included. Comments generally will not 
be edited to remove any identifying or contact information.

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. Substantive Discussion; Addition of New Departmental Component

    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. As a result, a former 
senior employee who served in a designated component of a parent 
department or agency is barred from communicating to or making an 
appearance before any employee of that component, but is not barred as 
to any employee of the parent, of another designated component, or of 
any other agency or bureau of the parent that has not been designated. 
Likewise, a former senior employee who served in a ``parent'' 
department or agency is not barred by 18 U.S.C. 207(c) from making 
communications to or appearances before any employees of any designated 
component of that parent, but is barred as to employees of that parent 
or of other components that have not been separately designated.
    The Director regularly reviews the component designations listed in 
appendix B to part 2641, and in consultation with the department or 
agency concerned, makes such additions and deletions as are necessary. 
Specifically, pursuant to 5 CFR 2641.302(e)(3), the Director ``shall, 
by rule, make or revoke a component designation after considering the 
recommendation of the designated agency ethics official.'' Before 
designating an agency component as distinct and separate for purposes 
of 18 U.S.C. 207(c), the Director must find that the component is an 
agency or bureau within a parent agency that exercises functions which 
are distinct and separate from the functions of the parent agency and 
from the functions of other components of that parent, and that there 
exists no potential for use of undue influence or unfair advantage 
based on past Government service. See 5 CFR 2641.302(c).
    Pursuant to the procedures prescribed in 5 CFR 2641.302(e), one 
agency provided a complete request to update its components listed in 
appendix B to part 2641. After carefully reviewing the requested change 
in light of the criteria in 18 U.S.C. 207(h) as implemented in 5 CFR 
2641.302(c), OGE is proposing to grant this request and amend appendix 
B as explained below.
    The Department of Health and Human Services (HHS) has requested 
that OGE 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) because it exercises functions 
that are distinct and separate from the functions of the parent agency 
and other components. ASPR--previously operated as the Office of the 
Assistant Secretary for Preparedness and Response--was originally 
created in December 2006 when Congress passed the Pandemic and All-
Hazards Preparedness Act, Public Law 109-417, 120 Stat. 2831. On July 
22, 2022, HHS announced the reclassification of ASPR from a staff 
division to an Operating Division at HHS, which elevated ASPR to a 
standalone agency within HHS. All of the other Operating Divisions of 
HHS are currently designated as separate agency components in 5 CFR 
part 2641,

[[Page 46037]]

appendix B; accordingly, designation of ASPR would align this division 
with all other HHS Operating Divisions for purposes of the senior 
employee post-employment restriction, 18 U.S.C. 207(c).
    The factors set forth in 5 CFR 2641.302(c) support designation of 
ASPR as a separate agency component in appendix B. As discussed above, 
the office was originally created by statute in 2006, and its 
reclassification as an Operating Division became effective on February 
11, 2023. See Statement of Organization, Functions, and Delegations of 
Authority, 88 FR 10125 (Feb. 16, 2023). The subject matter of ASPR is 
largely distinct and separate from other operations of HHS. 
Specifically, it has the core responsibility for the Department to 
plan, prepare, and mobilize in response to future disasters and 
emergencies, public health issues, and public health emergencies. 
Although the office at times works with other HHS Operating Divisions 
and other agencies in its efforts, ASPR's significant responsibilities 
are performed independently of other Operating Divisions, and many of 
its most important activities do not cut across organizational lines 
within the Department. In furtherance of its mission, ASPR has 
independent authority to publish rules and notices in the Federal 
Register.
    In absolute terms, ASPR is a small component that has just over 
1,200 employees and a budget of $3.63 billion in fiscal year (FY) 2024; 
the entirety of HHS employs over 87,000 individuals. In relative terms, 
ASPR is larger than 3 of the 11 HHS components currently designated in 
appendix B, and smaller than the other 8.
    According to HHS, designation of ASPR as a separate agency 
component would not create the potential for undue influence or unfair 
advantage based on the past Government service of ASPR employees. As 
discussed above, ASPR is unique in that its mission focuses on 
assisting the country to prepare for, respond to, and recover from 
public health emergencies and disasters, and in furtherance of this 
mission, ASPR engages in work that differentiates it from other HHS 
components and the larger agency.
    OGE therefore is proposing to grant the request of HHS and amend 
the agency's listing in appendix B to part 2641 to add ASPR as a new 
component for purposes of 18 U.S.C. 207(c). ASPR is separate and 
distinct from its parent organization and other HHS components, and 
given the manner in which ASPR works independently from other Operating 
Divisions and the entirety of the agency, there exists no potential for 
the use of undue influence or unfair advantage based on past Government 
service.
    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 of ASPR made in this proposed rule will be 
effective on the date the 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 
proposed 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 proposed 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 proposed 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 proposed 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 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 and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility.
    This proposed 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 proposed 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 proposed 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: May 15, 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 proposes to amend 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.


[[Page 46038]]


0
2. Appendix B to part 2641 is amended by revising the listings for the 
Department of Health and Human Services to read as follows:

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

* * * * *

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 upon publication of the final rule in the Federal 
Register).
    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).
* * * * *
[FR Doc. 2024-10995 Filed 5-24-24; 8:45 am]
BILLING CODE 6345-03-P


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