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5 CFR Part 5502 — Supplemental Financial Disclosure Requirements for Employees of the Department of Health and Human Services

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PART 5502—SUPPLEMENTAL FINANCIAL DISCLOSURE REQUIREMENTS FOR EMPLOYEES OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES 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. Source: 70 FR 5564, Feb. 3, 2005, unless otherwise noted. § 5502.101 General. The regulations in this part apply to employees of the Department of Health and Human Services and supplement the Executive Branch Financial Disclosure Regulations in 5 CFR part 2634. Any regulation in this part made applicable only to the employees of an HHS component designated as a separate agency under § 5501.102(a) of this chapter shall apply to the employees of that component as defined in § 5501.102(b)(1) of this chapter. § 5502.102 Annual supplemental report of outside employment or activities. Any employee, other than a special Government employee, for whom an outside employment or activity has been approved, or who has participated in any outside employment or activity for which prior approval is required, under part 5501 of this chapter shall file on or before February 28 of each year a report concerning all such activities that were approved or undertaken in the previous calendar year. The annual report shall be filed with the employee's supervisor who shall review the form, in consultation with an agency ethics official, and determine whether the employee has complied with applicable laws and regulations and whether approval of any ongoing outside activity should be cancelled because the activity does not meet the standard in § 5501.106(d)(5) of this chapter. [70 FR 5564, Feb. 3, 2005, as amended at 70 FR 51573, Aug. 31, 2005] § 5502.103 Content of annual supplemental reports. The annual supplemental report of outside employment or activities required by § 5502.102 shall include the following information: (a) The employee's name, contact information, organizational location, occupational title, grade, step, salary, appointment type, and financial disclosure filing status; (b) A list of all outside activities for which prior approval is required under part 5501 of this chapter that were approved pursuant to 5 CFR 5501.106(d) or undertaken within the reporting period. The report must identify the person or organization for whom or with which the employee was to perform the activity and the approval date; (c) A statement as to whether the anticipated work described in a previously approved outside activity was actually performed for the person or organization named in the request for approval; (d) For each outside activity actually performed, the beginning date of the relationship with the outside entity, the date(s) personal services were provided, the total number of hours spent and leave used on the activity within the reporting period, and the ending date; (e) For each outside activity that remains ongoing at the time of filing the report, a statement as to how long the activity is anticipated to continue, the date on which prior approval expires, and whether a request for renewal of approval is anticipated; (f) For each outside activity actually performed, the type and amount of any income and/or reimbursements actually received during the reporting period and the date paid; (g) For each outside activity actually performed, the type and amount of any income and/or reimbursements earned during or attributable to the reporting period that were not in fact received during the reporting period and remain due; (h) A statement as to whether any change has occurred or is anticipated with respect to information supplied in the original outside activity approval request; (i) A description of any change in the nature, scope, or subject matter of any approved activity; and (j) A description of any change in jobs or in the duties and responsibilities of the employee's position that occurred after the outside activity was approved. § 5502.104 Confidentiality of reports. Each report filed under this part is confidential and shall not be disclosed to the public, except as provided under § 2634.604(b) of this title. § 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 § 5501.102(a) of this chapter may prescribe forms for the collection of information under this part and establish procedures for the submission and review of each report filed. 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. [70 FR 37009, June 28, 2005, as amended at 70 FR 51573, Aug. 31, 2005] § 5502.106 Supplemental disclosure of prohibited financial interests applicable to employees of the Food and Drug Administration. (a) Applicability. (b) Definitions. (1) Confidential filer (2) Prohibited financial interest (3) Public filer (4) Remainder of HHS (5) Separate agency component (c) Report of prohibited financial interests New entrant employees. (2) Reassigned employees. (3) Incumbent employees. [70 FR 5564, Feb. 3, 2005, as amended at 70 FR 51573, Aug. 31, 2005; 70 FR 61713, Oct. 26, 2005] § 5502.107 Supplemental disclosure of financial interests in substantially affected organizations applicable to employees of the National Institutes of Health. (a) Applicability. (b) Definitions. (1) Clinical investigator (2) Clinical research (3) Institutional review board (4) Confidential filer (5) Public filer (6) Remainder of HHS (7) Separate agency component (8) Substantially affected organization (c) Report of financial interests in substantially affected organizations New entrant employees. (2) Reassigned employees. (3) Incumbent employees. (4) Initial report by on duty employees. [70 FR 51573, Aug. 31, 2005, as amended at 70 FR 61713, Oct. 26, 2005]

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