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[Federal Register: February 18, 2003 (Volume 68, Number 32)] [Proposed Rules] [Page 7843-7892] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr18fe03-18] [[Page 7843]] ----------------------------------------------------------------------- Part II Office of Government Ethics ----------------------------------------------------------------------- 5 CFR Parts 2637 and 2641 Post-Employment Conflict of Interest Restrictions; Proposed Rule [[Page 7844]] ----------------------------------------------------------------------- OFFICE OF GOVERNMENT ETHICS 5 CFR Parts 2637 and 2641 RIN 3209-AA14 Post-Employment Conflict of Interest Restrictions AGENCY: Office of Government Ethics (OGE). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: Since 1980, 5 CFR part 2637 (formerly 5 CFR part 737) has provided guidance concerning the post-employment conflict of interest restrictions of 18 U.S.C. 207. As a result of amendments to section 207 that became effective January 1, 1991, employees terminating service in the executive branch or in an independent agency (or terminating service from certain high-level Government positions) since that date are subject to substantially revised post-employment restrictions. The purpose of part 2641 is to provide regulatory guidance explaining the scope and content of the statutory restrictions as they apply to employees terminating service on or after January 1, 1991. This proposed rule would expand the guidance previously published in part 2641 as interim or interim final rules and make minor modifications to those earlier rulemakings. It would also remove part 2637 from 5 CFR. DATES: Comments are invited and must be received on or before May 19, 2003. ADDRESSES: Send comments to the Office of Government Ethics, Suite 500, 1201 New York Avenue, NW., Washington, DC 20005-3917, Attention: Richard M. Thomas. Comments may also be sent electronically to OGE's Internet E-mail address at http://www.usoge.gov. The subject line of E- mail messages should include the following reference: ``Comments on proposed post-employment conflict of interest rule.'' FOR FURTHER INFORMATION CONTACT: Richard M. Thomas, Associate General Counsel, Office of Government Ethics; Telephone: 202-208-8000: TDD: 202-208-8025; FAX: 202-208-8037. SUPPLEMENTARY INFORMATION: A. Substantive Discussion of Post-Employment Regulatory Guidance [ ... ] (h) Particular matter involving a specific party or parties-- (1) Basic concept. The prohibition applies only to communications or appearances made in connection with a ``particular matter involving a specific party or parties.'' Although ``particular matter'' is defined broadly to include ``any investigation, application, request for a ruling or determination, rulemaking, contract, controversy, claim, charge, accusation, arrest, or judicial or other proceeding,'' 18 U.S.C. 207(i)(3), such particular matters also must involve a specific party or parties in order to fall within the prohibition. These matters involve a specific activity or undertaking affecting the legal rights of the parties or an isolatable transaction or related set of transactions between identified parties, such as a specific contract, grant, license, product approval application, enforcement action, administrative adjudication, or court case. [ ... ] Example 4 to paragraph (h)(2): An employee in the legislative affairs office of the Immigration and Naturalization Service (INS) drafted official comments submitted to Congress with respect to a pending immigration reform bill. After leaving the Government, he contacts the White House on behalf of a private organization seeking to influence the administration to insist on certain amendments to the bill. This is not prohibited. Generally, legislation is not a particular matter involving specific parties. However, if the same employee had participated as an INS employee in formulating the agency's position on proposed private relief legislation granting citizenship to a specific individual, this matter would involve specific parties, and the employee would be prohibited from later making representational contacts in connection with this matter. [ ... ] (3) Specific parties at all relevant times. The particular matter must involve specific parties both at the time the individual participated as a Government employee and at the time the former employee makes the communication or appearance, although the parties need not be identical at both times. [ ... ] --------------------------------------------------------------------------- Parent: Department of Justice Components: Antitrust Division, 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, Immigration and Naturalization Service, 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), Tax Division, United States Marshals Service (effective May 16, 1997), United States Parole Commission. --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- [ ... ] [ End ] Share this page | Bookmark this page The leading immigration law publisher - over 50000 pages of free information!
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