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.

Proposed Rules Federal Register

63206 

Vol. 76, No. 197 

Wednesday, October 12, 2011 

DEPARTMENT OF HOMELAND 

SECURITY 

5 CFR Chapter XXXVI 

[Docket No. DHS–2008–0168] 

RIN 1601–AA17; 3209–AA15 

Supplemental Standards of Ethical 

Conduct for Employees of the 

Department of Homeland Security 

AGENCY: Office of the Secretary, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of Homeland 

Security (DHS), with the concurrence of 

the Office of Government Ethics (OGE), 

is proposing supplemental standards of 

ethical conduct for DHS employees. The 

proposed regulations would supplement 

the OGE Standards of Ethical Conduct 

for Employees of the Executive Branch 

(OGE Standards) and, among other 

things, would set forth employee 

restrictions on the purchase of certain 

Government-owned property, require 

employees to report allegations of waste, 

fraud, and abuse, require employees to 

seek prior approval for certain outside 

employment and activities, prohibit 

employees in some DHS components 

from engaging in certain types of 

outside employment and activities, 

require designated components to 

develop instructions regarding the 

procedures for obtaining prior approval 

for outside employment and activities, 

and designate components within DHS 

as a separate agency for purposes of 

determining whether the donor of a gift 

is a ‘‘prohibited source’’ and of 

identifying an employee’s agency for the 

regulations governing teaching, 

speaking, and writing. 

DATES: Comments on this proposed rule 

are invited and must be received by 

December 12, 2011. 

ADDRESSES: You may submit comments, 

in writing, to DHS on this proposed 

rule, identified by docket number DHS– 

2008–0168, by any of the following 

methods: 

• On-line: http:// 

www.regulations.gov. 

• E-mail: ferne.mosley@dhs.gov. 

Include the reference ‘‘Proposed DHS 

Supplemental Standards’’ in the subject 

line of the message. 

• Fax: 202–282–9099. 

• Mail: Ferne L. Mosley, Deputy 

Ethics Official, OGC MAIL STOP 0485, 

Department of Homeland Security, 245 

Murray Lane, Washington, DC 20528– 

0485. 

FOR FURTHER INFORMATION CONTACT: 

Ferne L. Mosley, Deputy Ethics Official, 

Department of Homeland Security, 202– 

447–3302. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On August 7, 1992, at 57 FR 35006– 

35087, OGE issued a final rule setting 

forth the uniform Standards of Ethical 

Conduct for Employees of the Executive 

Branch (the ‘‘OGE Standards’’), which, 

as corrected and amended, are codified 

at 5 CFR part 2635. Effective on 

February 3, 1993, the OGE Standards 

established uniform ethics rules 

applicable to all executive branch 

personnel. 

Pursuant to 5 CFR 2635.105, 

executive branch agencies are 

authorized to publish, with the 

concurrence of OGE, supplemental 

regulations deemed necessary to 

implement their respective ethics 

programs. The following proposed 

supplemental regulations are necessary 

and appropriate in view of DHS 

programs and operations, in view of the 

consolidation of numerous legacy 

agencies with varying or no 

supplemental ethics regulations, and to 

fulfill the purposes of the OGE 

Standards. In addition, some outside 

employment interests and activities, if 

held by employees of certain DHS 

components, could cause a reasonable 

person to question an employee’s 

impartiality and objectivity; this rule 

would prohibit those outside 

employment activities. DHS, with the 

concurrence of OGE, would issue the 

supplemental DHS regulations in a new 

chapter XXXVI, consisting of part 4601 

of 5 CFR. 

II. Analysis of the Proposed Regulations 

A. Proposed § 4601.101 General 

This section would identify to whom 

the supplemental regulations apply. It 

would also cross-reference to other 

ethics regulations and guidance 

applicable to DHS employees— 

including regulations on financial 

disclosure, financial interests, and 

employee responsibilities and 

conduct—and implementing DHS 

guidance and procedures issued in 

accordance with the OGE Standards. 

This section would further define the 

term ‘‘agency designee’’ as it appears in 

§ 2635.102(b) of 5 CFR, to identify those 

persons within DHS who are designated 

to act on requests and make 

determinations relating to 5 CFR part 

2635 and this part. The section would 

also define the term ‘‘outside 

employment’’ and list the types of 

employment and activities that would 

require prior approval. It also lists 

activities for which prior approval 

would not be required, such as the 

uncompensated activities on behalf of a 

charitable or nonprofit organization 

(other than the reimbursement of 

expenses) that do not involve fiduciary 

duties and do not relate to the 

employee’s official duties as defined by 

5 CFR 2635.802. In addition, this 

section would define the term ‘‘Chief 

Deputy Ethics Official’’ as the persons 

within DHS who are delegated authority 

by the DHS Designated Agency Ethics 

Official (DAEO) to manage and 

coordinate the ethics programs within 

the Department’s components and 

offices. 

B. Proposed § 4601.102 Designation of 

DHS Components as Separate Agencies 

This section would identify certain 

components within DHS as separate 

agencies for the purposes of the 

provisions governing prior approval for 

outside activities, accepting gifts from 

non-Federal sources, outside teaching, 

speaking, and writing activities, and 

issuing prior approval instructions. For 

those specified purposes, DHS has 

designated eight DHS components as 

separate agencies and has designated 

the remainder of the DHS components 

as a single agency. For the limited 

purpose of issuing prior approval 

instructions, DHS has designated the 

Office of the Inspector General as a 

separate agency. 

In addition, paragraph c of this 

section explains the applicability of 

these requirements to detailed 

employees within the Department. An 

employee on detail from his employing 

agency to another agency for a period in 

excess of 30 calendar days is subject to 

the supplemental regulations and 

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instructions of the agency to which he 

is detailed rather than his employing 

agency. For example, if a U.S. Customs 

and Border Protection (CBP) employee 

is detailed to U.S. Immigration and 

Customs Enforcement (ICE) for 60 days, 

the CBP employee will be subject to 

ICE’s supplemental regulations and 

instructions during the period of his 

detail with ICE. 

C. Proposed § 4601.103 Prior Approval 

for Outside Employment and Activities 

This section would require employees 

to obtain written approval prior to 

engaging in certain outside employment 

and activities. This prior approval 

requirement would be an integral part of 

DHS’s ethics program. The prior 

approval requirement is necessary to 

ensure that an employee’s participation 

in certain outside employment or 

activities does not adversely affect 

operations within the employing agency 

or place the employee at risk of 

violating applicable Federal conduct 

statutes and regulations. In addition, 

prior approval is necessary to avoid the 

appearance that an outside employment 

or activity was obtained through a 

misuse of the employee’s official 

position and to address a number of 

other potential ethics concerns. 

Because DHS provides millions of 

dollars in grants and engages in 

enforcement, regulatory, and security 

functions across a multitude of industry 

sectors, requiring prior approval is 

necessary to ensure that a reasonable 

person will not question the integrity of 

DHS programs and operations. In 

fulfilling its mission, DHS would be 

hindered if members of the public did 

not have confidence in DHS employees’ 

ability to act impartially while 

performing their official duties. 

Proposed § 4601.103(a) would require 

employees to obtain approval from the 

DHS employee’s agency for certain 

outside employment or activities, with 

or without compensation, unless the 

employing agency issues an instruction 

or manual exempting such outside 

employment or activities. Proposed 

§ 4601.104(b) would describe the 

standard the agency must follow for 

approval of requests for outside 

employment and activities. Proposed 

§ 4601.103(c) would describe the 

responsibilities of DHS agencies for 

issuing instructions to employees on 

how to request prior approval of outside 

employment and activities. 

Because Special Government 

Employees may serve at the Department 

only for a limited time during a 365-day 

period and for a limited purpose (such 

as service on a Federal Advisory 

Committee or service as a consultant), 

the nature of their service to the 

Department does not require that they 

be subject to the prior approval 

requirement for outside employment or 

the additional restrictions applicable to 

CBP, Federal Emergency Management 

Agency (FEMA), or ICE employees. 

D. Proposed § 4601.104 Additional 

Rules for U.S. Customs and Border 

Protection (CBP) Employees 

This section would prohibit CBP 

employees, except Special Government 

Employees, from being employed by, or 

from engaging in, activities in support of 

or on behalf of, an entity that engages in 

a trade or business performing specified 

customs, immigration, or agriculture 

activities or services. This section 

would also require a CBP employee 

with a spouse, a relative who is a 

financial dependent or household 

member, or another household member 

or financial dependent who is employed 

in a position that the CBP employee is 

prohibited from occupying to notify his 

or her agency designee in writing of the 

above-described employment 

circumstances. In addition, the 

employee is disqualified from 

participating in an official capacity in 

any particular matter involving such 

person or the person’s employer unless 

authorized to do so by the agency 

designee, with the advice and clearance 

of the CBP Chief Deputy Ethics Official. 

E. Proposed § 4601.105 Additional 

Rules for Federal Emergency 

Management Agency (FEMA) Employees 

This section would prohibit certain 

FEMA employees, except Special 

Government Employees, both 

intermittent and non-intermittent, from 

working for a FEMA contractor. It also 

provides the procedures for requesting a 

waiver of these additional restrictions. 

F. Proposed § 4601.106 Additional 

Rules for U.S. Immigration and Customs 

Enforcement (ICE) Employees 

This section would prohibit ICE 

employees, except Special Government 

Employees, from being employed by, or 

from engaging in activities in support of 

or on behalf of, an entity that engages in 

a trade or business performing specified 

customs, immigration, or agriculture 

activities or services. This section 

would also require an ICE employee 

with a spouse, a relative who is a 

financial dependent or household 

member, or another household member 

or financial dependent who is employed 

in a position that the ICE employee is 

prohibited from occupying to notify his 

or her agency designee in writing of the 

above-described employment 

circumstances. In addition, the 

employee is disqualified from 

participating in an official capacity in 

any particular matter involving such 

person or the person’s employer unless 

authorized to do so by the agency 

designee, with the advice and clearance 

of the ICE Chief Deputy Ethics Official. 

G. Proposed § 4601.107 Prohibited 

Purchases of Property 

This section would prohibit the 

purchase by employees of certain 

Government property under the control 

of, seized by, forfeited, under the 

direction of, or incident to, the 

employee’s agency. It would also set 

forth the exception and waiver 

provisions under this section. 

H. Proposed § 4601.108 Reporting 

Waste, Fraud, Abuse, and Corruption 

This section would require all DHS 

employees to report allegations of waste, 

fraud, abuse, or corruption to the 

appropriate authorities within DHS, 

such as the DHS Office of Inspector 

General, the appropriate Office of 

Internal Affairs, or Office of Professional 

Responsibility. Employee 

responsibilities for reporting suspicions 

of violations of law or regulation to the 

DHS Office of Inspector General are 

found in DHS Directive 0810.1, and 

these regulations complement but do 

not displace those responsibilities. 

III. Regulatory Analyses 

A. Executive Orders 12866 and 13563 

This proposed rule is not a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866, 

Regulatory Planning and Review, as 

supplemented by Executive Order 

13563, Improving Regulation and 

Regulatory Review, and does not require 

an assessment of potential costs and 

benefits under section 6(a)(3) of that 

Order. Accordingly, the Office of 

Management and Budget has not 

reviewed it. 

B. Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), DHS has considered 

whether this proposed rule will have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. DHS 

certifies that this proposed rule would 

not have a significant economic impact 

on a substantial number of small 

entities, because it would only affect 

DHS employees. 

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63208 Federal Register / Vol. 76, No. 197 / Wednesday, October 12, 2011 / Proposed Rules 

List of Subjects in 5 CFR Part 4601 

Conflict of interests, Government 

employees. 

For the reasons set forth in the 

preamble, the Department of Homeland 

Security, with the concurrence of the 

Office of Government Ethics, is 

proposing to amend title 5 of the Code 

of Federal Regulations by adding a new 

chapter XXXVI, consisting of part 4601, 

to read as follows: 

TITLE 5—ADMINISTRATIVE 

PERSONNEL 

CHAPTER XXXVI—DEPARTMENT OF 

HOMELAND SECURITY 

PART 4601—SUPPLEMENTAL 

STANDARDS OF ETHICAL CONDUCT 

FOR EMPLOYEES OF THE 

DEPARTMENT OF HOMELAND 

SECURITY 

Sec. 

4601.101 General. 

4601.102 Designation of DHS components 

as separate agencies. 

4601.103 Prior approval for outside 

employment and activities. 

4601.104 Additional rules for United States 

Customs and Border Protection (CBP) 

employees. 

4601.105 Additional rules for Federal 

Emergency Management Agency (FEMA) 

employees. 

4601.106 Additional rules for United States 

Immigration and Customs Enforcement 

(ICE) employees. 

4601.107 Prohibited purchases of property. 

4601.108 Reporting waste, fraud, abuse and 

corruption. 

Authority: 5 U.S.C. 301, 7301, 7353; 5 

U.S.C. App. (Ethics in Government Act of 

1978); 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; 5 CFR 

2635.105, 2635.203(a), 2635.403(a), 2635.702, 

2635.703, 2635.802(a), 2635.803, 

2635.807(a)(2)(ii). 

§ 4601.101 General. 

(a) Applicability. In accordance with 5 

CFR 2635.105, the regulations in this 

part apply to employees of the 

Department of Homeland Security 

(DHS) and supplement the Standards of 

Ethical Conduct for Employees of the 

Executive Branch (OGE Standards) in 5 

CFR part 2635. 

(b) Cross-references to other ethics 

regulations and guidance. In addition to 

the OGE Standards in 5 CFR part 2635 

and this part, DHS employees are 

subject to the executive branch financial 

disclosure regulations contained in 5 

CFR parts 2634, the executive branch 

financial interests regulations contained 

in 5 CFR part 2640, the executive 

branch employee responsibilities and 

conduct regulations contained in 5 CFR 

part 735, and DHS guidance and 

procedures on employee conduct, 

including those issued under paragraph 

(c) of this section. 

(c) DHS agency instructions. Prior to 

publication, the DHS Designated 

Agency Ethics Official (DAEO) must 

approve any instructions or manuals 

that DHS agencies, as designated in 

§ 4601.102 of this part, issue to provide 

explanatory ethics-related guidance and 

to establish procedures necessary to 

implement this part and part 2635 of 

this title. 

(d) Definitions. (1) Agency designee as 

used in this part and in part 2635 of this 

title, means an employee who has been 

identified in an instruction or manual 

issued by an agency under paragraph (c) 

of this section to make a determination, 

give an approval, or take other action 

required or permitted by this part or 

part 2635 of this title with respect to 

another employee. 

(2) Outside employment as used in 

this part means any form of non-Federal 

employment, activity, or business 

relationship involving the provision of 

personal services by the employee. It 

includes, but is not limited to, personal 

services as an officer, director, 

employee, agent, attorney, advisor, 

consultant, contractor, general partner, 

trustee, teacher, or speaker. It includes 

any writing when done under an 

arrangement with another person for 

production or publication of the written 

product. It does not, however, include 

participation in the activities of a 

nonprofit charitable, religious, 

professional, social, fraternal, 

educational, recreational, public service, 

or civic organization, unless the 

participation involves acting in a 

fiduciary capacity, providing 

professional services or the rendering of 

advice for compensation other than the 

reimbursement of expenses, or the 

activity relates to the employee’s official 

duties within the meaning of 5 CFR 

2635.802. 

(3) Chief Deputy Ethics Official 

(CDEO) as used in this part shall be the 

persons delegated authority by the DHS 

DAEO to manage and coordinate the 

ethics programs within the DHS 

components pursuant to the DAEO’s 

authority in 5 CFR 2638.204. 

§ 4601.102 Designation of DHS 

components as separate agencies. 

(a) Pursuant to 5 CFR 2635.203(a), 

DHS designates each of the following 

components as a separate agency for 

purposes of the regulations in subpart B 

of 5 CFR part 2635 governing gifts from 

outside sources, including determining 

whether the donor of a gift is a 

prohibited source under 5 CFR 

2635.203(d); for purposes of the 

regulations in § 4601.103(c) of this part 

governing the establishment of 

procedures for obtaining prior approval 

for outside employment; for purposes of 

the regulations in § 4601.103(c) of this 

part governing the designation of 

officials; and for the purposes of the 

regulations in 5 CFR 2635.807 governing 

teaching, speaking, and writing: 

(1) Federal Emergency Management 

Agency (FEMA); 

(2) Federal Law Enforcement Training 

Center; 

(3) Transportation Security 

Administration; 

(4) United States Citizenship and 

Immigration Services; 

(5) United States Coast Guard; 

(6) United States Customs and Border 

Protection (CBP); 

(7) United States Immigration and 

Customs Enforcement (ICE); and 

(8) United States Secret Service. 

(b)(1) DHS will treat employees of 

DHS components not designated as 

separate agencies in paragraph (a) of this 

section, including employees of the 

Office of the Secretary, as employees of 

the remainder of DHS. For purposes of 

the regulations in subpart B of 5 CFR 

part 2635 governing gifts from outside 

sources, including determining whether 

the donor of a gift is a prohibited source 

under 5 CFR 2635.203(d); for purposes 

of the regulations in § 4601.103(c) of 

this part governing the establishment of 

procedures for obtaining prior approval 

for outside employment; for purposes of 

the regulations in § 4601.103(c) of this 

part governing the designation of 

officials; and for purposes of the 

regulations in 5 CFR 2635.807 governing 

teaching, speaking, and writing, DHS 

will treat the remainder of DHS as a 

single agency that is separate from the 

components designated as separate 

agencies in paragraph (a) of this section. 

(2) For the limited purposes of 

establishing procedures for obtaining 

prior approval for outside employment 

and designating officials pursuant to 

§ 4601.103 of this part, DHS will treat 

the DHS Office of the Inspector General 

as a separate agency. 

(c) An employee on detail from his 

employing agency to another agency for 

a period in excess of 30 calendar days 

is subject to the supplemental 

regulations and instructions of the 

agency to which he is detailed rather 

than his employing agency. 

§ 4601.103 Prior approval for outside 

employment and activities. 

(a) General requirement for approval. 

A DHS employee, other than a Special 

Government Employee, shall obtain 

prior written approval before engaging 

in any outside employment or activity, 

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with or without compensation, unless 

the employee’s agency has exempted the 

employment, activity, or class of 

employment or activities from this 

requirement by an instruction or manual 

issued pursuant to paragraph (c) of this 

section. 

(b) Standard for approval. Approval 

shall be granted only upon a 

determination that the outside 

employment is not expected to involve 

conduct prohibited by statute or Federal 

regulation, including part 2635 of title 5 

and this part. 

(c) Agency responsibilities. (1) With 

the approval of the DHS DAEO, each 

agency as set forth in § 4601.102 of this 

part shall issue instructions or a manual 

governing the submission of requests for 

approval of outside employment and 

activities and designating appropriate 

officials to act on such requests not later 

than sixty (60) days after the effective 

date of this part. 

(2) The instructions or manual may 

exempt particular employment or 

activities or categories of employment or 

activities from the prior approval 

requirement of this section if such 

employment or activities would 

generally be approved and are not likely 

to involve conduct prohibited by statute 

or Federal regulation, including 5 CFR 

part 2635 and this part. Agencies may 

include in their instructions or manual 

examples of outside employment or 

activities that are permissible or 

prohibited consistent with this part and 

part 2635 of this title. 

(3) In the absence of a manual or 

instruction identifying a person 

designated to act upon a request for 

approval for outside employment, the 

Chief Deputy Ethics Official at each 

agency shall act upon a request. 

§ 4601.104 Additional rules for United 

States Customs and Border Protection 

(CBP) employees. 

The following rules apply to 

employees of CBP, except Special 

Government Employees, and are in 

addition to §§ 4601.101 through 

4601.103 and §§ 4601.107 and 4601.108 

of this part: 

(a) Prohibitions on outside 

employment and activities. (1) No CBP 

employee shall be employed by or 

engage in activities in support of or on 

behalf of a customs broker, international 

carrier, bonded warehouse, foreign trade 

zone as defined in 15 CFR 400.2(e), 

cartman, law firm engaged in the 

practice of customs, immigration, or 

agriculture law, entity engaged in the 

enforcement of customs, immigration, or 

agriculture law, importation department 

of a business, or business or other entity 

which assists aliens or engages in 

services related to customs, 

immigration, or agriculture matters. 

(2) No CBP employee shall, in any 

private capacity, engage in employment 

or an activity related to the importation 

or exportation of merchandise or 

agricultural products requiring 

inspection, or the entry of persons into 

or departure of persons from the United 

States. 

(b) Restrictions arising from 

employment of the spouse, relatives, 

members of the employee’s household, 

or financial dependents. (1) A CBP 

employee shall notify in writing his or 

her agency designee when any of the 

following circumstances exist: 

(i) The spouse of the CBP employee is 

employed in a position that the CBP 

employee would be prohibited from 

occupying by paragraph (a) of this 

section; 

(ii) A relative (as defined in 5 CFR 

2634.105(o)), who is financially 

dependent on or who is a member of the 

household of the CBP employee, is 

employed in a position that the CBP 

employee would be prohibited from 

occupying by paragraph (a) of this 

section; or 

(iii) Any person, other than the 

spouse or relative of the CBP employee, 

who is financially dependent on or who 

is a member of the household of the CBP 

employee, is employed in a position 

that the CBP employee would be 

prohibited from occupying by paragraph 

(a) of this section. 

(2) The CBP employee shall be 

disqualified from participating in an 

official capacity in any particular matter 

involving the individuals identified in 

paragraph (b)(1) of this section, or the 

employer thereof, unless the agency 

designee, with the advice and clearance 

of the CBP Chief Deputy Ethics Official, 

authorizes the CBP employee to 

participate in the matter using the 

standard in 5 CFR 2635.502(d), or the 

waiver provisions in 18 U.S.C. 208(b)(1), 

as appropriate. 

§ 4601.105 Additional rules for Federal 

Emergency Management Agency (FEMA) 

Employees. 

The following rules apply to 

employees of FEMA, except Special 

Government Employees, and are in 

addition to §§ 4601.101 through 

4601.103 and §§ 4601.107 and 4601.108 

of this part: 

(a) Prohibited outside employment 

(intermittent employees). Except as 

provided in paragraph (c) of this 

section, no intermittent FEMA 

employees hired under the authority of 

42 U.S.C. 5149, which includes all 

Disaster Assistance Employees or 

Stafford Act Employees and Cadre of 

On-Call Response Employees, shall 

work for a current FEMA contractor 

while a FEMA employee, whether or not 

they are on activated status. 

(b) Prohibited outside employment 

(non-intermittent employees). Except as 

provided in paragraph (c) of this 

section, no non-intermittent FEMA 

employee shall work for any current 

FEMA contractor as an outside 

employer. 

(c) Waivers. The FEMA Chief Deputy 

Ethics Official or his or her agency 

designee may grant a written waiver of 

any prohibition in paragraphs (a) and (b) 

of this section with the DAEO’s 

concurrence. To grant the waiver, the 

FEMA Chief Deputy Ethics Official or 

his or her agency designee must 

determine that the waiver is consistent 

with 5 CFR part 2635 and not otherwise 

prohibited by law; that the prohibition 

is not necessary to avoid the appearance 

of misuse of position or loss of 

impartiality; and that the waiver will 

not undermine the public’s confidence 

in the employee’s impartiality and 

objectivity in administering FEMA 

programs. A waiver under this 

paragraph may impose appropriate 

conditions, such as requiring execution 

of a written disqualification statement. 

§ 4601.106 Additional rules for United 

States Immigration and Customs 

Enforcement (ICE) employees. 

The following rules apply to 

employees of ICE, except Special 

Government Employees, and are in 

addition to §§ 4601.101 through 

4601.103 and §§ 4601.107 and 4601.108 

of this part: 

(a) Prohibitions on outside 

employment and activities. (1) No ICE 

employee shall be employed by or 

engage in activities in support of or on 

behalf of a customs broker, international 

carrier, bonded warehouse, foreign trade 

zone as defined in 15 CFR 400.2(e), 

cartman, law firm engaged in the 

practice of customs, immigration or 

agriculture law, entity engaged in the 

enforcement of customs, immigration or 

agriculture law, importation department 

of a business, or business or other entity 

which assists aliens or engages in 

services related to customs, immigration 

or agriculture matters. 

(2) No ICE employee shall, in any 

private capacity, engage in employment 

or an activity related to the importation 

or exportation of merchandise or 

agricultural products requiring 

inspection, or the entry of persons into 

or the departure of persons from the 

United States. 

(b) Restrictions arising from 

employment of spouse, relatives, 

members of the employee’s household, 

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63210 Federal Register / Vol. 76, No. 197 / Wednesday, October 12, 2011 / Proposed Rules 

or financial dependents. (1) An ICE 

employee shall notify in writing his or 

her agency designee when any of the 

following circumstances exist: 

(i) The spouse of the ICE employee is 

employed in a position that the ICE 

employee would be prohibited from 

occupying by paragraph (a) of this 

section; 

(ii) A relative (as defined in 5 CFR 

2634.105(o)) who is financially 

dependent on or who is a member of the 

household of the ICE employee is 

employed in a position that the ICE 

employee would be prohibited from 

occupying by paragraph (a) of this 

section; or 

(iii) Any person, other than the 

spouse or relative of the ICE employee, 

who is financially dependent on or who 

is a member of the household of the ICE 

employee, is employed in a position 

that the ICE employee would be 

prohibited from occupying by paragraph 

(a) of this section. 

(2) The ICE employee shall be 

disqualified from participating in an 

official capacity in any particular matter 

involving the individuals described in 

paragraph (b)(1) of this section or the 

employer thereof, unless the agency 

designee, with the advice and clearance 

of the ICE Chief Deputy Ethics Official, 

authorizes the ICE employee to 

participate in the matter using the 

standard in 5 CFR 2635.502(d), or the 

waiver provisions in 18 U.S.C. 208(b)(1), 

as appropriate. 

§ 4601.107 Prohibited purchases of 

property. 

(a) General prohibition. Except as 

provided in paragraph (c) of this 

section, no DHS employee may 

purchase, directly or indirectly, 

property that is: 

(1) Owned by the Federal Government 

and under the control of the employee’s 

agency, unless the sale of the property 

is being conducted by the General 

Services Administration; or 

(2) Seized or forfeited under the 

direction or incident to the functions of 

the employee’s agency. 

(b) For purposes of this section, the 

employee’s agency is the relevant 

separate agency component as set forth 

in § 4601.102 of this part. 

(c) Waiver. Employees may make a 

purchase prohibited by paragraph (a) of 

this section where a written waiver of 

the prohibition is issued in advance by 

the agency designee with the clearance 

of the DAEO or his designee. A waiver 

may only be granted if it is not 

otherwise prohibited by law or 

regulation and the purchase of the 

property will not cause a reasonable 

person with knowledge of the particular 

circumstances to question the 

employee’s impartiality, or create the 

appearance that the employee has used 

his official position or nonpublic 

information for his personal gain. 

§ 4601.108 Reporting waste, fraud, abuse 

and corruption. 

Employees shall report immediately 

any suspicions of violations of law or 

regulation involving Department of 

Homeland Security programs or 

operations to appropriate authorities, 

such as the Office of the Inspector 

General. 

Janet Napolitano, 

Secretary, Department of Homeland Security. 

Don W. Fox, 

Acting Director, Office of Government Ethics. 

[FR Doc. 2011–26160 Filed 10–11–11; 8:45 am] 

BILLING CODE 9110–9B–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Parts 71, 77, 78, and 90 

[Docket No. APHIS–2010–0125] 

Secretary’s Advisory Committee on 

Animal Health; Meeting 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice of public meeting. 

SUMMARY: This is a notice to inform the 

public of an upcoming meeting of the 

Secretary’s Advisory Committee on 

Animal Health. The meeting is 

organized by the Animal and Plant 

Health Inspection Service to discuss 

matters of animal health. 

DATES: The meeting will be held 

November 1 and 2, 2011, from 9 a.m. to 

5 p.m. each day. 

ADDRESSES: The meeting will be held in 

the United States Access Board 

conference room, 1331 F Street, NW., 

Suite 800, Washington, DC 20004. 

Opportunities for participation are 

described in the Supplementary 

Information section of this notice. 

FOR FURTHER INFORMATION CONTACT: 

Mr. Michael R. Doerrer, Chief Operating 

Officer, Veterinary Services, APHIS, 

USDA, 4700 River Road, Unit 37, 

Riverdale, MD 20737; (301) 734–5034; 

e-mail: 

SACAH.Management@aphis.usda.gov. 

SUPPLEMENTARY INFORMATION: The 

Secretary’s Advisory Committee on 

Animal Health (the Committee) advises 

the Secretary of Agriculture on matters 

of animal health, including means to 

prevent, conduct surveillance on, 

monitor, control, or eradicate animal 

diseases of national importance. In 

doing so, the Committee will consider 

public health, conservation of natural 

resources, and the stability of livestock 

economies. 

Tentative topics for discussion at the 

upcoming meeting include: 

• Proposed Rule on Traceability for 

Livestock Moving Interstate 

• Wildlife Diseases 

• Foot-and-Mouth Disease Vaccination 

• Tuberculosis Framework 

• Update on CoreOne (SCS) Rollout 

Additional topics may be added to an 

updated agenda, which will be posted to 

the Committee’s Web site at http:// 

www.aphis.usda.gov/animal_health/ 

acah/ no later than October 25, 2011. 

The meeting will be open to the 

public and attendees should plan to 

arrive between 8 a.m. and 9 a.m. 

Attendees should be prepared to 

provide picture identification to enter 

the United States Access Board 

conference room. The Animal and Plant 

Health Inspection Service (APHIS), 

which is organizing the meeting, asks 

that those planning to attend the 

meeting inform APHIS by sending an 

email through an access portal (SACAH 

Signup button) on the Committee’s Web 

site or directly to 

SACAH.Management@aphis.usda.gov. 

Please provide your name and 

organizational affiliation (if any), state 

which meeting date or dates you plan to 

attend, and indicate whether you wish 

to present an oral statement during the 

meeting. 

Other Public Participation 

Members of the public may also join 

the meeting via teleconference in 

‘‘listen-only’’ mode. Participants who 

wish to listen in on the teleconference 

may do so by dialing 18887903291, 

followed by a public passcode, 1411045. 

Twitter users may join through 

@USDA_APHIS and add #SACAH to 

any tweet that mentions @USDA_APHIS 

on the days of the meeting. If you do not 

have a Twitter account, you may still 

view live chats during the meeting on 

November 1 and 2, 2011, at http:// 

www.twitter.com/USDA_APHIS. 

Questions and written statements for 

the meeting may be submitted up to 5 

working days in advance of the meeting 

for the Committee’s consideration. 

Questions and written statements may 

be sent via e-mail to 

SACAH.Management@aphis.usda.gov or 

mailed to the person listed under FOR

FURTHER INFORMATION CONTACT at the 

beginning of this notice. Statements may 

also be filed with the Committee after 

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