[Federal Register Volume 66, Number 214 (Monday, November 5, 2001)]
[Rules and Regulations]
[Pages 55871-55872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27637]



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 Rules and Regulations
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  Federal Register / Vol. 66, No. 214 / Monday, November 5, 2001 / 
Rules and Regulations  

[[Page 55871]]



OFFICE OF GOVERNMENT ETHICS

5 CFR Part 2634

RIN 3209-AA00


Executive Branch Financial Disclosure, Qualified Trusts, and 
Certificates of Divestiture; Extensions of Filing Dates for Certain 
Confidential Financial Disclosure Report Filers

AGENCY: Office of Government Ethics (OGE).

ACTION: Final rule; amendment.

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SUMMARY: The Office of Government Ethics is adopting as final a 
procedural rule amendment relating to extensions of filing dates for 
certain filers of Confidential Financial Disclosure Reports. The 
amendment allows agencies to extend the filing date for the submission 
of confidential reports for active duty members of the Armed Forces, 
civilian employees and others who are in a combat zone or otherwise 
supporting the Armed Forces or other governmental entities following a 
Presidential declaration of national emergency.

EFFECTIVE DATE: November 5, 2001.

FOR FURTHER INFORMATION CONTACT: Norman Smith, Senior Associate General 
Counsel, Office of Government Ethics; telephone: 202-208-8000; TDD: 
202-208-8025; FAX: 202-208-8037.

SUPPLEMENTARY INFORMATION: On September 14, 2001, President George W. 
Bush declared that a national emergency has existed since September 11, 
2001, by reason of the terrorist attacks at the World Trade Center, New 
York, New York, and the Pentagon, and the continuing and immediate 
threat of further attacks on the United States. See Presidential 
Proclamation 7463, as published at 66 FR 48199.
    Members of the Armed Forces, reservists, and civilian employees are 
responding to the Presidential proclamation of a national emergency. 
Many of these individuals who are in Federal Government service in the 
executive branch are required to file Confidential Financial Disclosure 
Reports under the disclosure system established pursuant to the Ethics 
in Government Act of 1978 as amended, and Executive Order 12674, as 
modified. The regulations governing the confidential financial 
disclosure reporting system are codified at subpart I of 5 CFR part 
2634. The next filing date for incumbent confidential reports is 
October 31, 2001 (unless an extension not to exceed 90 days has been 
granted under agency authority).
    Consequently, in order to ameliorate the filing burden on those 
confidential filers who are being deployed or sent to a combat zone or 
required to perform services away from their normal duty station in 
support of the Armed Forces or other governmental entities, this final 
rulemaking action revises paragraph (d) of Sec. 2634.903 to provide for 
a discretionary extension of the filing date to last no longer than 90 
days after the period of active duty service, return to the employee's 
normal duty station, or a resultant hospitalization.
    This extension authority is intended to provide relief for persons 
who are in combat areas or otherwise responding to the national 
emergency, such as those situations where it is impractical for the 
confidential filer to obtain access to personal records. Our 
expectation is that an extension will not be granted unless the 
confidential filer is required to perform services outside the vicinity 
of her local commuting area (as defined by the agency). We note that 
agencies may look to existing agency policies or rules for guidance 
concerning what is considered to be outside the vicinity of the ``local 
commuting area.'' Typically, agencies will have defined the limits of a 
local commuting area for such purposes as, for example, determining 
entitlement to transportation expenses (such as per diem) or 
entitlement to overtime pay for travel, or for reduction in force 
purposes. Finally, we note any such special extension granted is not 
intended to toll the running of the period of any regular extension 
granted by an agency under newly redesignated paragraph (d)(1) of 
Sec. 2634.903.
    Agencies may exercise their extension authority on a case-by-case 
basis or by class designation. Agencies should appropriately document 
in their records the duration and circumstances of any case in which 
the extension is utilized, including for example the last date of 
service in a combat zone (if known), date of return to a permanent duty 
station, or the dates of any resultant hospitalization.

Matters of Regulatory Procedure

Administrative Procedure Act

    Pursuant to 5 U.S.C. 553(b) and (d), as Director of the Office of 
Government Ethics, I find good cause exists for waiving the provisions 
for general notice of proposed rulemaking, opportunity for public 
comment, and 30-day delay in effectiveness as to this amendment. These 
provisions are being waived because it is in the public interest that 
this amendment, which is being issued to assist in a national emergency 
and both grants authority for an exemption for, and relief of a 
restriction (filing burden) on, certain confidential report filers, 
take effect as soon as possible.

Executive Order 12866

    In promulgating this final rule amendment, the Office of Government 
Ethics has adhered to the regulatory philosophy and the applicable 
principles of regulation set forth in section 1 of Executive Order 
12866, Regulatory Review and Planning. The amendment has not been 
reviewed by the Office of Management and Budget under that Executive 
order since it is not a significant regulatory action within the 
meaning of the Executive Order.

Executive Order 12988

    As Director of the Office of Government Ethics, I have reviewed 
this final amendatory regulation in light of section 3 of Executive 
Order 12988, Civil Justice Reform, and certify that it meets the 
applicable standards provided therein.

Regulatory Flexibility Act

    As Director of the Office of Government Ethics, I certify under the 
Regulatory Flexibility Act (5 U.S.C. chapter 6) that this amendatory 
rule will not have a significant economic impact on a substantial 
number of small entities because it primarily affects Federal executive 
branch employees.

[[Page 55872]]

Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply 
because this amendment does not contain information collection 
requirements that require the approval of the Office of Management and 
Budget.

Congressional Review Act

    The Office of Government Ethics has determined that this amendatory 
rulemaking is a nonmajor rule under the Congressional Review Act (5 
U.S.C. chapter 8) and has provided a report thereon to the United 
States Senate, House of Representatives and General Accounting Office 
in accordance with that law.

Unfunded Mandates Reform Act

    For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
chapter 25, subchapter II), this rule will not significantly or 
uniquely affect small governments and will not result in increased 
expenditures by State, local, and tribal governments, in the aggregate, 
or by the private sector, of $100 million or more (as adjusted for 
inflation).

List of Subjects in 5 CFR Part 2634

    Certificates of divestiture, Conflict of interests, Confidential 
financial disclosure reports, Government employees, Penalties, 
Reporting and recordkeeping requirements, Trusts and trustees.

    Approved: October 26, 2001.
Amy L. Comstock,
Director, Office of Government Ethics.

    Accordingly, for the reasons set forth in the preamble, the Office 
of Government Ethics is amending 5 CFR part 2634 as follows:

PART 2634--EXECUTIVE BRANCH FINANCIAL DISCLOSURE, QUALIFIED TRUSTS, 
AND CERTIFICATES OF DIVESTITURE

    1. The authority citation for part 2634 continues to read as 
follows:

    Authority: 5 U.S.C. App. (Ethics in Government Act of 1978); 26 
U.S.C. 1043; Pub. L. 101-410, 104 Stat. 890, 28 U.S.C. 2461 Note 
(Federal Civil Penalties Inflation Adjustment Act of 1990), as 
amended by Sec. 31001, Pub. L. 104-134, 110 Stat. 1321 (Debt 
Collection Improvement Act of 1996); 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.

Subpart I--Confidential Financial Disclosure Reports

    2. Section 2634.903 is amended by revising paragraph (d) to read as 
follows:


Sec. 2634.903  General requirements, filing dates, and extensions.

* * * * *
    (d) Extensions--(1) Agency extensions. The agency reviewing 
official may, for good cause shown, grant to any employee or class of 
employees a filing extension or several extensions totaling not more 
than 90 days.
    (2) Certain service during period of national emergency. In the 
case of an active duty military officer or enlisted member of the Armed 
Forces, a Reserve or National Guard member on active duty under orders 
issued pursuant to title 10 or title 32 of the United States Code, a 
commissioned officer of the Uniformed Services (as defined in 10 U.S.C. 
101), or any other employee, who is deployed or sent to a combat zone 
or required to perform services away from his permanent duty station in 
support of the Armed Forces or other governmental entities following a 
declaration by the President of a national emergency, the agency 
reviewing official may grant such individual a filing extension to last 
no longer than 90 days after the last day of:
    (i) The individual's service in the combat zone or away from his 
permanent duty station; or
    (ii) The individual's hospitalization as a result of injury 
received or disease contracted while serving during the national 
emergency.
    (3) Agency procedures. Each agency may prescribe procedures to 
provide for the implementation of the extensions provided for by this 
paragraph.

[FR Doc. 01-27637 Filed 11-2-01; 8:45 am]
BILLING CODE 6345-01-P