POST EMPLOYMENT CONFLICT OF INTEREST

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP07-00568R000301290001-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 22, 2016
• Document Release Date: October 25, 2012
• Sequence Number: 1
• Publication Date: July 31, 1985
• Content Type: REGULATION

Declassified and Approved For Release 2012/10/25 :CIA-RDP07-005688000301290001-2
Declassified and Approved For Release 2012/10/25 :CIA-RDP07-005688000301290001-2
 Declassified and Approved For Release 2012/10/25 :CIA-RDP07-005688000301290001-2
s.
~~
Fedeial Re~ islet Vol. 5b, No.~ 147 Wednesde~ ~ ~~y ' ` ' ` ~ , a ~ ? ,~ . ~ r S - ~ -~
g ~ / y, Jul 31, 1985 /~ Rules and Re ulations
OFFICE OF PERSONNEL
MANAGEMENT
Post Employment Conflict of Interest
waENCV: Office of Personnel
Management.
ACTION: Final regulation. .
SUMMARY: The Office of Personnel
Management is issuing a final regulation
under the Ethics in Government Act of
1978 which (1) designates certain
positions subject to the post
employment conflict of interest
regulations applicable to "Senior
Employees," and (2) designates certain
statutory and non-statutory agencies/
bureaus for the purpose of limiting the
application of 18 U.S.C. 207(c).
EFFECTIVE DATE: July 31, 1985:
ADDRESS: Office of Government Ethics,
P.O. Box 14108, Washington, D.C. 20044.
FOR FURTHER INFORMATION CONTACT.
Gary Davis or Robert Flynn at (202) 632-
7642.
SUPPLEMENTARY INFORMATION:
Subsection 207(d)(i)(C) of title 18 U.S.C.,
contained in Title V of the Ethics in
Government Act of 1978, as amended,
("the Act"), (Pub. L. 95-521), gives the
Director of the Office of Government
Ethics ("OGE") authority to designate
(1) certain employee positions for
purposes of the restrictions of 18 U.S.C.
subsections 207(b)(ii) and 207(c), and (2)
agencies and bureaus, within a parent
department or agency, having separate
and distinct subject matter jurisdiction;
i.e., "separate non-statutory agencies/
bureaus:' Regulations implementing this
authority were published on Febniary 1,
1980 (45 FR 7402). Those regulations
designated as "Senior Employees" all
employees in a position in any pay
system for a~vl'uch the basic rate of pay is
equal to or greater than that for GS-17
of the General Schedule, as prescribed
by 5 U.S.C. 5332, or positions which are
estabished within the Senior Executive
Service (SES) pursuant.to the Civil
Service Reform Act of 1978, subject to
specific exemptions to be made by OGE.
The regulations also set forth those
separate statutory (18 U.S.C. 207(e))
agencies and bureaus and those
separate non-statutory agencfea/
'bureaus [18 U.S.C. 207(d)(1)(C)) as
determined by the Director, OGE, to be
qualified for designation at the time of
publication.
Regarding "Senior Employee"
designations, yponreview of agency
recommendations, made pursuant to the
requirement set forth iri 5 CFR
737.25(b)(1), the Director, OGE,
determined that only those non-
exempted positions, i.e.. those subject to
the prohibitions of 18 U.S.C. 207(b)(ii)
and (c), would be published in the
Federal Register. A partial list of such
"designated" positions was contained in
the February 1,1980 Federal Register
publication (45 FR 7402). That list was
followed by another partial list which
was published on February 8,1980 (46
FR 8544). Annual amendments to the list
were published on November 14,1980
(45 FR 75500); March 5,1982 (47 FR 9894)
and February 25, 1983 (48 FR 8188). The
combined lists represented a1118 U.S.C.
Z07(d)(1)(C) positions which were not
exempted by the Director, OGE. This
regulation consolidates and amends the
previously published lists and is based
upon a review of agency annual
submissions made pursuant to 5 CFR
737.25(b)(1). All positions designated
pursuant to 5 U.S.C. 207(d)(1)(C) not
previously designated are marked by an
asterisk. In accordance with 5 CFR
737.25(d), "designation of such positions
shall not become effective until the last
day of the fifth full calendar month after
this publication.
Section 737.25 of the final regulations
sets forth the standards and procedures
to be applied in determining which
positions shall be designated. OGE also
issued a memorandum to heads of
departments, independent agencies,
commissions and Government
corporations/designated agency ethics
officials dated Apri128,1979, giving
additional information and guidance on
this subject. Section 737.11 sets forth the
standards and procedures to be applied
in determining which separate statutory
and non,statutory agencies and bureaus
shall be designated.
The Director, OGE, in consultation
with each department and agency
concerned, has determined that the
positions set forth below qualify for
designation as "Senior Employee"
positions. 5 CFR 737.33 is hereby
amended accordingly. The Director has
further determined, in consultation with
each department or agency concerned,
the separate statutory and non-statutory
agencies/bureaus set forth below . '
qualify for such designation. _ ;
The "Senior Employee" positions
listed constitute all such positions
designated under the provisions of
subsection 207(d)(1)(C) of title 18 U:S.C.w
apply to subsequent designations made
under the rule concerning positions
shifting set forth in 5 CFR 737.25(1).
In several cases, a position in one
agency has been designated while a
position of similar title in another has
not. OGE has, in the exercise of its
discretion, accorded some deference to
the decision of a department or agency
to designate a position where that
decision was in favor of designation
above minimum OGE standards. As
OGE conducted the review necessary
for these designations, it became
apparent that, because of the subject
matter of a department's or agency's
business, the gravity of the "revolving
door" problems varied significantly from
agency to agency. Moreover, positions
which were ostensibly similarly titled
and described nevertheless had
different roles from agency to agency.
. Also, OGE believes it desirable that the
balance between postemployment
restrictions and impact on recruiting and
retention be adjudged on an agency
.level, as long as minimum standards are
met.
Positions automatically designated by
18 U.S.C. 207(d)(1) (A] and (B) are not
included in this publication.
This is a final not a proposed
regulaiton. The Director of the Office of
Government Ethics, acting pursuant to 5
U.S.C. 553(b)(3)(A), has found good
cause for waiving the general notice of
proposed rulemaking and the 30 day
delay in effectiveness. This regulation is
interpretive in nature, exempt from 5
U.S.C. 553.
E.O. 12291, Federal Regulation
OGE has determined that this is not a
major rule as defined under section 1(B)
of E.O.12291.
Regulatory Flexibility Act
I certify that this regulation will not
have a significant economic impact on a
substantial number of small entities,
because it only affects federal
employees.
List .of Subjects in 5 CFR Part 737
-w;Conflict of interests, Government
employees.
Office of Personnel Management.
' pavid H. Mertln.
for the departments and agencies listed:' `Birector, OjjiceojGovernmentEthics.
In accordance with 5 CFR 737.25(d), ~. ~ Accordingly, the Office of Personnel
subsequent designation of positions Management is amending 5 CFR Part 737
within the department or agencies listtid? ~as?follows: - '
shall not be effective until the last.de~~tt':.'a.r-_
of the fifth full calendar month aftec4h~...~ ` ~+1fhe~ authority citation for Part 797
first publication of a. notice by the, ~ ^~;R ' rtPoiifinues. to read as follows:
Director, OGE, of intention to so -?~ - - - ~Aut6ority: Titles II and IV of Pub. L. 9,-52't
designate. Such fair notice shall not (October 28, 1978), as amended by Pub. I.98-
Declassified and Approved For Release 2012/10/25 :CIA-RDP07-005688000301290001-2
 ~_ Declassified and Approved For Release 2012/10/25 :CIA-RDP07-005688000301290001-2
Federal Regbtar /Vol. 13Q, No. 147 / Wedloeed+iy. July 81. 1981: / Rules and Regulatdone ? >110fi7
t9 (June t3. 19791. 5 U.S.G Appendix: Pub. L. Community Relations Service
90-150 (November 11. 19tt3); 18 t1.S.C. 207. Druq Enforcement Administration
2. Section 737.31 is revised to read as
follows:
? 737.31 Separate ststutory agencies:
Designations.
[n accordance with the provisions of
18 U.S.C. 207(e) and 737.13, each of the
following departments of agencies is
determined far purposes of 18 U.S.C.
2D7(cj. to Lave within it separate
statutory agencies or bureaus as set
forth below:
Parent Agency: EXECUTIVE OFFICE OF
THE PRESIDENT
Separate Statutory Components
Office of Management and Budget
Council of Economic Advisers
National Security Council
United States Trade Representation
Council for Environment Quality
Office of Science and Technology Policy
Office of Administration
White House Office and the Office of
Policy
Development
Office of the Vice President
Parent Agency: DEPARTMENT OF THE .
TREASURY '
Separate Statutory Components:
Bureau of Alcohol. Tobacco and Pirearms
Bureau of Engraving and Printing
Bureau of the Mint
Comptroller of the Currency
Internal Revenue Service
United States Cuatoma Service
United States Secret Service
Parent Agency: FEDERAL EMERGENCY
MAIVAGEA~fENT AGENCY
Separate Statutory Components: United
States Fire Administration
Parent Agency: OFFICE OF PERSONNEL
MANAGEMENT
Separate Statutory Components: Office of
Government Ethics
Parent Agency: DEPARTMENT OF HEALTH
AND HUMAN SERVICES
Separate Statutory Components:
Food and Drug Administration
Public Health Service
Social Security Administration
ParenCAgency: DEPARTMENT OF
TRANSPORTATION
Separate Statutory Components:
Federal Aviation Administration
Federal Highway Administration
Psderal Railroad Admiofatration
Maritime Commission
National Highway Traffic Safety
Administration
Saint Lawrence Seaway Development
Corporettoa
United States Coast Cuard
Urban Mass Transportation Admiiiistsation
Parent Agency: DEPARTMENT OF LABOR
Sepaate Statutory -
Btaean of labor Statistics
Mine Sefeti sad Health Administration
Occupational Safety and Health
Admmiatratioa
Paeeat Agency: DEPAAIINEN'P DF jU$77C8 .
Separate Statutory Caatponenta:
Bureau at Psisaoa p /~ per,
Federal Bureau of Investigation
Foreign Claims Settlement Commission
'National Irutitute of Justice
"Bureau of Justice Statistics
'Office of justice Aaeiatance. Research and
Statistics
Immigration end Naturalisation Service
[ndependeat Counsel
United States Patflle Commission
Parent ABetcy: DEPARTMENT OF DEFENSE
Separate Statutory Components:
Department of the Atmy
Department of the Navy
Deparfatent of the Air Porce
Defense Mapping Agency
Parent Agency: DEPARTMENT OF E.'VERGY
Separate Statutory Components:
Federal Energy Regulatory Commission
Parent Agency: DEPARTMENT OP
COMMERCE
Separate Statutory Components:
Economic Development Administration
Patent and Trademark Office
National Oceanic and Atatoapheric
AdmIriistration
Bureau of the Cenaua
Parent Agency: NATIONAL CREDiT UNION
ADMINISTRATION
Separate Statutory Component:
Central Liquidity Pacility
Parent Agency: NATIONAL CRIDIT UNION
ADMINISTRATION
Separate Statutory Component:
Central Liquidity Facility
3. Section 737.32 is revised to read as
follows:
? 737.32 Separate components of
agencies or bureaus; designeSions.
in accordance with the provisions of
18 U.S.C. 207(d)[3)(C) and ? 737.14, each
of the component agencies or bureaus as
set forth below is determined, for
purposes of 18 U.S.C. 207(d) and this
Part 737.. to be separate from the
remaining agencies and bureaus of its
parent agency (except such agencies
and bureaus as specified):.
Pazent Agency: DEPARTME.ti"f OF HEALTH
AMID EIIJMAIV SERVICES
Separate Components:
Health Care Financirig Administration
Parent Agency: DEPARTMENT OF
TRANSPORTATION _
Separate Components:
Alaska Raih?ad
Parent Agency: DEPARTMENT OF LABOR
Separate Components:
Employment end Training Adn:iaistratioa
Employment 3tandaeds Adminiatrafwn
Labor-Management Services
Adininiatration
Parent Agency. DPPARTMENT OP DEFENSE.
Separats Competseietlr _ _ ~, _ _ .
Defeaas CceQimaokattfons.Agenry
1)efease intelNgence Agency
Defense Nucieaz Agency
Nntlonal Security Agency
Defense Logistics Agency
Purent Agency: DEPARTMENT OF STATE
Separate Components:
Foreign Service Grievance Board
International Joint Commission. United
States and Canada (American Section)
Parent Agency: DEPARTMENT OF JUSTICE
Separate Statutory Components:
Office of the United States Attorney (for
each )udir3al disMct {9~}-however,
each such Office is not designated as
separate from the Office of the U.S.
Marahetl for the same Judtclal district.
Office of United Stetea Marshall (for each
Judicial district (95)}-however, each
ouch Office to not designated as separate
from the Office of the U.S. Attorney for
the same judicial district.
AnUtewt Division
Civil RighU Division
Land and Natural Resources Division
Tex Division
Criminal Division
Office for Improvements is the
Administration of Justice
Parent Agency: DEPARTMENT OF
COMMERCE
Separate Components:
International Trade Administration
Minority Business Development
Administration
National Telecommunication and
Information Administration
Bureau of Industrial Economics
4. Section 737.33 is revised to read as
follows:
? 737.33 "Senior Employee" designations.
In accordance with ~ 73725(b)(1), the
following employee positions have been
designated as "Senior Employee"
positions for purposes of subsections
207(b)(~ii) and (c) of title 18, U.S.C, as
amended. ~
AGENCY: EXECUTIVE OFFICE OF
THE PRESIDENT, (OFFICE OF
ADMINSTRATION)
Positions:
AD Director, Automated Systems Division
AGENCY: EXECUTIVE OFFICE OF
. THE PRESIDENT. (COLMICII. QF .
EGONOMiC ADVISERS)
Positions: No section 207(d](I)(C)
designations.
AGENCY B71ECU'AVE0~7CEOF .-
THE PRESIDENT. (COUNCIL ON
ENVIItONMENTAL QUALITY)
Positions: No section 2o7(d)(ij(C)
desd?satiaod - . ,
All positions designated pursuant to section
2o7(d](11(Cl not previoasly deaignatad.are rnarkei
by as aatartstc r'j. Those pwitloas marked t>J a _
of 2e U.S.G~ ~ netler puryoiii '- double asterisk (").are. tbemai~aecstlie lust _ . ` ,
Lek 4 e~sidend aep~atsteo~ sa oositiom rrhirb wane eon'lrirtedts t~3 festlf"ens: _ 3y .
soother bot.ao(p l6om attisr sep~ws eevpoaenta eE Plodlter rs~rdsslEnated bl seeress,
the Department otjustica. 2m(d)(il(A) and (H) are. cot shown.
Declassified and Approved For Release 2012/10/25 :CIA-RDP07-005688000301290001-2
 Declassified and Approved For Release 2012/10/25 :CIA-RDP07-005688000301290001-2
31120 Federal Register /Vol. 50, No. 147 /Wednesday, July 31, 1985 /Rules and Regul~~ion~
SES Deputy Assistant Secretary, Tax Policy
and Director, Office of Tax Analysis
OFFICE OF THE FISCAL ASSISTANT
SECRETARY
SES Assistant Secretary
OFFICE OF THE ASSISTANT SECRETARY
FOR ELECTRONIC SYSTEMS AND
INFORMATION TECHNOLOGY
SES Assistant Secretary
OFFICE OF THE ASSISTANT SECRETARY
FOR CONSUMER LIAISON AND BUSINESS
AFFAIRS
SES Assistant Secretary
OFFICE OF THE ASSISTANT SECRETARY
FOR ADMINISTRATION
SES Assistant Secretary
SES' Deputy Assistant Secretary for
Operations
TREASURER OF THE UNITED STATES
GS-18 Treasurer and National Savings
Bond Director, Office of the Secretary
SES Deputy Treasurer ?
OFFICE OF REVENUE SHARING
SES Director
COMPTROLLER OF THE CURRENCY
SES Senior Advisor to the Comptroller
SES Deputy Comptroller, Bank Organization
and Structure
SES Deputy Comptroller, Industry and
Pciblic Affairs
SES Senior Deputy Comptroller for National
Operations
SES Senior Deputy Comptroller for Policy
and Planning
SES Senior Deputy Comptroller for Bauk
Supervision
CUSTOMS SERVICE
SES Commissioner
SES Deputy Commissioner
SES Deputy Commissioner, International
Affairs
SES Assistant Commissioner, Enforcement
SES Deputy Assistant Commissioner,
Enforcement '
SES Director, Office of Investigations
SES Assistant Commissioner, Commercial
Operations
SES Deputy Assistant Commissioner,
Inspection and Control
SES Assistant Commissioner, Inspection
and Control
SES Comptroller
SES' Assistant Commissioner, Internal
Affairs
BUREAU OF GOVERNMENT FINANCIAL
OPERATIONS
SES Commissioner _ -
SES Deputy Commissioner
INTERNAL REVENUE SERVICE
.SES Deputy Commissioner -.
SES Associate Commissionee (Data ?~
Processing) - '
SES Associate Commissioner (Operatianap
SES Associate Commissioner (Policy and
Management)
SES Assistant Commissioner, (Inspection)
SES Regional Commissioner. (C)
SES Regional Commissioner, (MA)
SES Regional Commissioner. (MW)
SES Regional Commissioner. (NA)
SES? Regional Commissioner. (SE)
SES Regional Commissioner, (SW1
SES Regional Commissioner, (W)
LEGAL DIVISION
SES Deputy General Counael,.Office of the
General Counsel
SES Assistant General Counsel and
Director. Tax Legislative Counsel, Office of
the General Counsel
SES International Tax Counsel and
Director, Office of International Tax
Counsel, Office of the General Counsel
SES Chief Counsel, U.S Customs Service
SES Deputy Chief Counsel, U.S. Customs
Service
SES Chief Counsel, Comptroller of the
Currency
SES Deputy Chief Counsel, Comptroller of
the Currency
SES Chief Counsel, Bureau of Alcohol,
Tobacco and Firearms
SES Deputy Chief Counsel, Bureau of
Alcohol, Tobacco and Firearms
SES Deputy Chief Counsel, Internal
Revenue Service
SES Deputy Assistant Di
Administration
SES General Counsel
SES Deputy Assistant Director for
Volunteer Liaison
SES Assistant Director for Financial
Management
SES Deputy Associate Director far VISTA/
Service Learning Programs
SES Director, Vietnam Veterans Leadership
Program
SES Inspector General
SES Executive Assistant
SES' Deputy General Counsel
AGENCY: ADMINISTRATIVE
CONFERENCE OF THE UNITED
STATES
Positions:
SES General Counsel
SES Executive Director
SES Research Director
AGENCY: ADVISORY COUNCIL ON
HISTORIC PRESERVATION
Positions:
SES Executive Director
SES General Counsel
AGENCY: AMERICAN BATTLE
MONUMENTS COMMISSION
U.S. MINT
GS-18 Director
SES Deputy Director of the Mint
SES Associate Director for Policy and
Management
SES Associate Director for Operations
U.S. SAVINGS BONDS DIVISION
No section 207{d)(1)[C) designations.
U.S. SECRET SERVICE
SES Director
SES Deputy Director
BUREAU OF ALCOHOL, TOBACCO AND
FIREARMS
SES Director
SES Deputy Director/Associate Director
(Compliance Operations)
SES Deputy Director/Associate Director
(Law Enforcement) -
SES Assistant Director, Internal Affairs
BUREAU OF THE PUBLfC DEBT
SES Commisaicner of Public Debt
OFFICE OF REVENUE SHARING.
SES Director
FEDERAL LAW ENFORCEMENT
TRAINING CENTER
No section 207(d)[i)(C) designations.
BUREAU OF ENGRAVING AND PRINTING
SES Director
SES Deputy Director ' - .
SES Assistant Director (Administration)
SES Assistant Director (Operations)
SES Assistant Director (Research and
Engineering) .,
AGENCY: ACTION r, -..- ~ -
Positions:
SES Executive Officer
SES Deputy Associate Director for Older
Americans Volunteer Program (OAVP)
SES Assistant Director for Administration
Positions:
0-8 Secretary
AGENCY: APPALACEII "aN REGIOIl~AL
COMMISSION
Positions: No section 207(d)(1)(C)
designations.
AGENCY: BOARD FOR
INTERNATIONAL BROADCASTING
Positions:
SES Executive Director
AGENCY: CENTRAL INTELLIGENCE
AGENCY
Positions:
AD Executive Director.
AD All Deputy Directors and Associate
Deputy Directors of Directorates
AD All Heads of Independent Offices
AGENCY: CML AERONAUTICS
BOARD
Positions:'
SES .;Managing Director, O#fice of Managing
Director
SES Director, Office of Congressional,
Community ~ Consumer Affairs
SES Director, Bureau of Domestic Aviation
SES Deputy Director/Associate Director,
Legal, Bureau of Domestic Aviation
SES General Counsel, Office of the General
Counsel -
SES Deputy General Counsel, Office of the
General Counsel " ` ?' '
SES" Director, Bureau of International ,
Aviation
SES Deputy Director, Bureau of
International Aviation
Declassified and Approved For Release 2012/10/25 :CIA-RDP07-005688000301290001-2