[Federal Register: November 19, 2009 (Volume 74, Number 222)]
[Rules and Regulations]               
[Page 59913-59914]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19no09-6]                         

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 203, 209, and 252

RIN 0750-AG07

 
Defense Federal Acquisition Regulation Supplement; Senior DoD 
Officials Seeking Employment With Defense Contractors (DFARS Case 2008-
D007)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

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SUMMARY: DoD has adopted as final, without change, an interim rule 
amending the Defense Federal Acquisition Regulation Supplement (DFARS) 
to implement section 847 of the National Defense Authorization Act for 
Fiscal Year 2008. Section 847 addresses requirements for senior DoD 
officials to obtain a post-employment ethics opinion before accepting 
compensation from a DoD contractor within two years after leaving DoD 
service.

DATES: Effective Date: November 19, 2009.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition 
Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone 703-602-0328; facsimile 
703-602-7887. Please cite DFARS Case 2008-D007.

SUPPLEMENTARY INFORMATION: 

A. Background

    DoD published an interim rule at 74 FR 2408 on January 15, 2009, to 
implement section 847 of the National Defense Authorization Act for 
Fiscal Year 2008 (Pub. L. 110-181). Section 847 requires that a DoD 
official, who has participated personally and substantially in a DoD 
acquisition exceeding $10 million or who has held a key acquisition 
position, must request a written opinion from a DoD ethics counselor 
before accepting compensation from a DoD contractor within two years 
after leaving DoD service. In addition, section 847 prohibits a DoD 
contractor from providing compensation to such a DoD official without 
first determining that the official has received or appropriately 
requested a post-employment ethics opinion.
    One source submitted comments on the interim rule. That source 
supported the rule and its objectives, but recommended that the central 
database/repository for retention of written ethics opinions, required 
by section 847(b), be made publicly available. DoD has not adopted this 
recommendation, as section 847 does not authorize access to the 
database by the general public.
    This rule was subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD certifies that this final rule will not have a significant 
economic impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
because the requirement to verify that a prospective employee has 
received or requested the appropriate DoD ethics opinion should involve 
minimal effort on the part of a contractor.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply, because the rule does 
not impose any information collection requirements that require the 
approval of the Office of Management and Budget under 44 U.S.C. 3501, 
et seq.

List of Subjects in 48 CFR Parts 203, 209, and 252

    Government procurement.

Amy G. Williams,
Editor, Defense Acquisition Regulations System.

0
Accordingly, the interim rule amending 48 CFR parts 203, 209, and 252, 
which was published at 74 FR 2408

[[Page 59914]]

on January 15, 2009, is adopted as a final rule without change.

[FR Doc. E9-27849 Filed 11-18-09; 8:45 am]

BILLING CODE 5001-08-P