[Federal Register Volume 70, Number 206 (Wednesday, October 26, 2005)]
[Rules and Regulations]
[Page 61713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21343]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 /
Rules and Regulations
[[Page 61713]]
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; Corrections
AGENCY: Department of Health and Human Services (HHS).
ACTION: Correcting amendments.
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SUMMARY: The Department of Health and Human Services published a final
rule in the Federal Register on Wednesday, August 31, 2005 (70 FR
51559), establishing supplemental financial disclosure reporting
requirements for certain employees of the Food and Drug Administration
(FDA) and the National Institutes of Health (NIH). That document
contained language that incorrectly rendered the supplemental reporting
requirements inapplicable to new entrant employees who file either a
public or confidential financial disclosure report. This document
corrects the final regulation by revising the appropriate sections.
DATES: This correction is effective October 26, 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: This document corrects two errors in the
final rule which HHS published, with the concurrence of the Office of
Government Ethics (OGE), on August 31, 2005, at 70 FR 51559. The
corrections involve the supplemental financial disclosure reporting
requirements for employees of the Food and Drug Administration and the
National Institutes of Health contained respectively in 5 CFR 5502.106
and 5502.107. These sections require certain FDA and NIH employees to
report financial interests in organizations affected by the programs
and operations of their respective agencies. In the final rule, the
text of each section erroneously carried forward an exception that had
appeared in the interim final rule published on February 3, 2005, at 70
FR 5543. In the interim final rule, new entrant employees to positions
classified as public or confidential filers were excepted from the
supplemental reporting requirement because the disclosure of financial
interests in significantly regulated organizations (SROs) for FDA or
substantially affected organizations (SAOs) for NIH would duplicate the
data submitted on an SF 278 or OGE 450 report. However, the final rule
provided that the value of the reported interests must be disclosed.
Because the SF 278 requires a reporting of value only within certain
categories of amount and an OGE 450 requires no report of value
whatsoever, these forms do not provide the information required by the
final rule. As a result, the exception for new entrant employees was
retained inadvertently. Accordingly, Sec. 5502.106(c)(1) is corrected
to delete the phrase ``other than a public filer or a confidential
filer;'' and Sec. 5502.107(c)(1) is corrected to state affirmatively
that new entrant public or confidential filers are subject to the
reporting requirement.
List of Subjects
5 CFR Part 5502
Conflict of interests, Ethics, Government employees, Outside
activities, Reporting and record keeping requirements.
Dated: October 17, 2005.
Edgar M. Swindell,
Designated Agency Ethics Official, Department of Health and Human
Services.
Dated: October 18, 2005.
Michael O. Leavitt,
Secretary, Department of Health and Human Services.
Approved: October 18, 2005.
Marilyn L. Glynn,
General Counsel, 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, corrects the HHS Supplemental Financial Disclosure Regulation
at 5 CFR part 5502, by making the following correcting amendments:
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.
Sec. 5502.106 [Amended]
0
2. Amend Sec. 5502.106 by removing from paragraph (c)(1) the commas
and words ``, other than a public filer or a confidential filer,''.
Sec. 5502.107 [Amended]
0
3. Amend Sec. 5502.107 by removing from paragraph (c)(1) the commas
and words ``, other than a public filer or a confidential filer,'' and
adding in their place the words ``who is a public filer or a
confidential filer or''.
[FR Doc. 05-21343 Filed 10-25-05; 8:45 am]
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