[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