U.S. Office of Government Ethics
1201 New York Avenue, NW.
Suite 500
Washington, DC  20005-3917


                                   October 7, 2003
                                   DO-03-019


MEMORANDUM

TO:       Designated Agency Ethics Officials 

FROM:     Marilyn L. Glynn
          General Counsel

SUBJECT:  Annual Update of 18 U.S.C. § 207(c) Component
          Designations


     The Director of the Office of Government Ethics (OGE) is
authorized by 18 U.S.C. §§ 207(h) to designate separate departmental
and agency components for purposes of 18 U.S.C. § 207(c), the one-
year post-employment restriction applicable to former "senior"
employees. Procedures for the designation of components are
prescribed in 5 C.F.R. §§ 2641.201(e). Current component
designations are set forth in Appendix B of part 2641.

     Designated Agency Ethics Officials are required by
section 2641.201(e)(3)(ii) to forward to OGE by November 30 of each
year "a letter stating whether components currently designated
should remain designated . . . ."  If your department or agency
currently has components that are designated for purposes of
18 U.S.C. § 207(c) and no changes are needed, please confirm in
writing that the current list of designations in Appendix B does not
require revision. Any request to modify the existing list of
components should be submitted in accordance with the procedures set
forth in section 2641.201(e).  We ask that each "parent" department
or agency submit a consolidated response on behalf of all of its
components. You need not reply if your department or agency
currently has no designated components and you do not wish to
request the designation of any component. 

     This year, we also want to take the opportunity to invite DAEOs
to specifically address any changes to their component designations
that are necessitated by reorganizations occurring after the
Homeland Security Act of 2002.  We are aware that a number of
agencies and departments have lost and/or gained components as a
result of the recent reorganization, and we want to make sure that
the list of designated components in Appendix B is as accurate as
possible.

     In deciding whether to request any component designations, you
should consider the criteria set out in section 2641.201(e)(6) &
(7).  In addition to the non-exclusive list of factors found in
those provisions, please note that OGE has relied on other factors
on a case-by-case basis in the past, including: whether the
component exercises responsibilities that cut across organizational
lines within the parent department; the size of the component in
absolute terms; the size of the component in relation to other
agencies or bureaus within the parent; and whether the component
would be encompassed or otherwise supervised by another designated
component.

     We very much appreciate your cooperation in this matter.  If
you have any questions, please contact Richard M. Thomas, Associate
General Counsel, at 202-482-9278.