Post-Employment Conflict of Interest Restrictions; Revision of Departmental Component Designations, 46036-46038 [2024-10995]
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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.
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SUMMARY:
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15:47 May 24, 2024
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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,
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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
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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.
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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:
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15:47 May 24, 2024
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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.
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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