[Federal Register: June 28, 2005 (Volume 70, Number 123)]
[Rules and Regulations]
[Page 37009-37010]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jn05-1]
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Rules and Regulations
Federal Register
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[[Page 37009]]
DEPARTMENT OF HEALTH AND HUMAN SERVICES
5 CFR Part 5502
RIN 3209-AA15
Supplemental Financial Disclosure Requirements for Employees of
the Department of Health and Human Services
AGENCY: Department of Health and Human Services (HHS).
ACTION: Interim final rule.
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SUMMARY: This interim final rule extends the due date for NIH employees
to file a report of prohibited financial interests held on or acquired
after February 3, 2005. The reports are now due no earlier than October
3, 2005.
DATES: This interim final rule is effective June 28, 2005.
FOR FURTHER INFORMATION CONTACT: Edgar M. Swindell, Associate General
Counsel, Office of the General Counsel, Ethics Division, Department of
Health and Human Services, telephone (202) 690-7258, fax (202) 205-
9752.
SUPPLEMENTARY INFORMATION: The Executive Branch Financial Disclosure
Regulation, 5 CFR part 2634, prescribes rules governing the public and
confidential financial disclosure systems established under the Ethics
in Government Act. With the approval of the Office of Government
Ethics, an agency may supplement those regulations pursuant to 5 CFR
2634.103. In an interim final rule published at 70 FR 5543 on February
3, 2005, HHS added a new part 5502 to title 5. Among other provisions,
NIH employees on duty as of the effective date of the interim final
rule were required by Sec. 5502.106(c)(3) to report in writing within
60 days after the effective date any financial interest prohibited by 5
CFR 5501.110 that was held on the effective date.
The specified report was due initially on April 4, 2005. The
Designated Agency Ethics Official extended the deadline to July 5,
2005, the maximum 90 day period provided under Sec. 5502.105. In
response to comments submitted following the publication of the interim
final rule, the Department is considering issuing revisions to the HHS
supplemental ethics regulations, including part 5502. To allow time for
any revisions to be fairly considered, the current reporting date must
be deferred. Accordingly, Sec. 5502.106(c)(3) is amended to specify a
new due date, October 3, 2005.
For those new entrant or reassigned employees who enter on duty at
the NIH after February 3, 2005, and before September 4, 2005, or for
incumbent employees who acquire a prohibited financial interest during
this period, the due date for the report is also changed to October 3,
2005.
Pursuant to 5 CFR 5501.110(g), the due date for the report
determines the divestiture period specified in 5 CFR 2635.403(d), as
applied to financial interests prohibited under 5 CFR 5501.110(c) and
(d). As a consequence, the new deadline for any required divestitures
will be January 2, 2006.
Section 5502.105 is amended to allow the Designated Agency Ethics
Official, for good cause, to extend reporting deadlines for reports
required under part 5502 during the initial implementation phase for
any reporting requirement, without regard to the 90 day maximum
specified in the interim final rule.
Administrative Procedure Act
Because this interim final rule involves only a procedural matter
and extends a financial disclosure reporting deadline applicable to
agency personnel, it is exempt under 5 U.S.C. 553(a)(2) and 553(b) from
the requirement for notice and comment rulemaking. The deferral of the
reporting requirement relieves restrictions under current law and thus
is effective upon publication pursuant to 5 U.S.C. 553(d)(1).
Regulatory Flexibility Act
This interim final rule will not have a significant economic impact
on a substantial number of small entities because the rule amends a
personnel provision affecting only HHS employees.
Paperwork Reduction Act
This interim final rule does not prescribe information collection
requirements that are subject to approval by the Office of Management
and Budget.
Congressional Review Act
As a provision related to agency personnel, this rulemaking is not
a rule as defined in 5 U.S.C. 804, and does not require review by
Congress.
Executive Orders 12866 and 12988
Because this rule relates to HHS personnel, it is exempt from the
provisions of Executive Orders 12866 and 12988.
List of Subjects 5 CFR Part 5502
Conflict of interests, Ethics, Government employees, Reporting and
recordkeeping requirements.
Dated: June 10, 2005.
Edgar M. Swindell,
Designated Agency Ethics Official, Department of Health and Human
Services.
Dated: June 22, 2005.
Michael O. Leavitt,
Secretary, Department of Health and Human Services.
Approved: June 22, 2005.
Marilyn L. Glynn,
Acting Director, Office of Government Ethics.
0
For the reasons discussed in the preamble, the Department of Health and
Human Services, with the concurrence of the Office of Government
Ethics, amends 5 CFR part 5502 as follows:
Title 5--[Amended]
Chapter XLV-Department of Health and Human Services
PART 5502--SUPPLEMENTAL FINANCIAL DISCLOSURE REQUIREMENTS FOR
EMPLOYEES OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES
0
1. The authority citation for part 5502 continues to read as follows:
Authority: 5 U.S.C. 301, 7301; 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 2634.103.
0
2. Revise Sec. 5502.105 to read as follows:
[[Page 37010]]
Sec. 5502.105 Agency procedures.
(a) The designated agency ethics official or, with the concurrence
of the designated agency ethics official, each of the separate agency
components of HHS listed in Sec. 5501.102(a) of this chapter may
prescribe procedures for the submission and review of each report filed
under this part. These procedures may provide for filing extensions,
for good cause shown, totaling not more than 90 days.
(b) For good cause, the designated agency ethics official may
extend the reporting deadlines for reports required under this part
during the initial implementation phase for any reporting requirement,
without regard to the 90 day maximum specified in paragraph (a) of this
section.
0
3. Amend Sec. 5502.106 by revising paragraph (c) to read as follows:
Sec. 5502.106 Supplemental disclosure of prohibited financial
interests applicable to employees of the Food and Drug Administration
and the National Institutes of Health.
* * * * *
(c) Report of prohibited financial interests.--(1) New entrant
employees. A new FDA employee, other than a public filer or a
confidential filer, shall report in writing within 30 days after
entering on duty with the FDA any prohibited financial interest held
upon commencement of employment with the agency. A new NIH employee,
other than a public filer or a confidential filer, who enters on duty
at the NIH after February 3, 2005, and before September 4, 2005, shall
report in writing on or before October 3, 2005, any prohibited
financial interest held upon commencement of employment with the
agency. A new NIH employee, other than a public filer or a confidential
filer, who enters on duty at the NIH on or after September 4, 2005,
shall report in writing within 30 days after entering on duty with the
NIH any prohibited financial interest held upon commencement of
employment with the agency.
(2) Reassigned employees. An employee of a separate agency
component other than the FDA or of the remainder of HHS who is
reassigned to a position at the FDA shall report in writing within 30
days of entering on duty with the FDA any prohibited financial interest
held on the effective date of the reassignment to the agency. An
employee of a separate agency component other than the NIH or of the
remainder of HHS who is reassigned to a position at the NIH after
February 3, 2005, and before September 4, 2005, shall report in writing
on or before October 3, 2005, any prohibited financial interest held on
the effective date of the reassignment to the agency. An employee of a
separate agency component other than the NIH or of the remainder of HHS
who is reassigned to a position at the NIH on or after September 4,
2005, shall report in writing within 30 days of entering on duty with
the NIH any prohibited financial interest held on the effective date of
the reassignment to the agency.
(3) Incumbent employees. An incumbent employee of the FDA who
acquires any prohibited financial interest shall report such interest
in writing within 30 days after acquiring the financial interest. An
incumbent employee of the NIH who acquires any prohibited financial
interest after February 3, 2005, and before September 4, 2005, shall
report such interest in writing on or before October 3, 2005. An
incumbent employee of the NIH who acquires any prohibited financial
interest on or after September 4, 2005, shall report such interest in
writing within 30 days after acquiring the financial interest. An
incumbent employee on duty at the NIH on February 3, 2005, shall report
in writing on or before October 3, 2005, any prohibited financial
interest held on February 3, 2005.
[FR Doc. 05-12733 Filed 6-23-05; 5 pm]
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