[Federal Register Volume 61, Number 3 (Thursday, January 4, 1996)]
[Notices]
[Pages 357-358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-94]
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OFFICE OF GOVERNMENT ETHICS
Advance Notice of Proposed Modified Form for Requesting Access to
Executive Branch Public Financial Disclosure Reports and Other Covered
Records to Be Submitted to OMB for Approval Under the Paperwork
Reduction Act
AGENCY: Office of Government Ethics (OGE).
ACTION: Notice.
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SUMMARY: The Office of Government Ethics plans to submit a slightly
modified OGE form used by persons for requesting access to executive
branch public financial disclosure reports and other covered records
for approval by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act. This modified form will replace the existing
one.
DATES: Comments on this proposal should be received by March 19, 1996.
ADDRESSES: Comments should be sent to William E. Gressman, Office of
Government Ethics, Suite 500, 1201 New York Avenue, NW., Washington, DC
20005-3917.
FOR FURTHER INFORMATION CONTACT: Mr. Gressman at the Office of
Government Ethics; telephone: 202-523-5757, ext. 1110; FAX: 202-523-
6325. A copy of OGE's draft form may be obtained, without charge, by
contacting Mr. Gressman.
SUPPLEMENTARY INFORMATION: The Office of Government Ethics is planning
to submit, after this notice and comment period (with any modifications
that may appear warranted), a proposed modified OGE Form 201 ``Request
to Inspect or Receive Copies of SF 278 Executive Branch Personnel
Public Financial Disclosure Report or Other Covered Record'' for three-
year approval by OMB under the Paperwork Reduction Act of 1995 (44
U.S.C. chapter 35). Once finally approved by OMB and adopted by OGE,
the modified version of this OGE form will replace the existing version
(whose paperwork clearance is scheduled to expire at the end of next
July).
The Office of Government Ethics, as the supervising ethics office
for the executive branch of the Federal Government under the Ethics in
Government Act (the ``Ethics Act''), is planning to modify and update
the existing access form. That form, the OGE Form 201, collects
information from, and provides certain information to, persons who seek
access to SF 278 reports and other covered records. The form reflects
the requirements of the
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Ethics Act and OGE's implementing regulations that must be met by a
person before access can be granted. These requirements relate to
information about the identity of the requester, as well as any other
person on whose behalf a record is sought, and a notification of
prohibited uses of SF 278 reports. See section 105 (b) and (c) of the
Ethics Act, 5 U.S.C. app., sec. 105 (b) and (c), and 5 CFR 2634.603 (c)
and (f). For many years, OGE has disseminated to executive branch
departments and agencies a locally reproducible uniform form to serve
as the statutorily required written application to inspect or receive
copies of SF 278 reports and other covered records. Departments and
agencies are encouraged to utilize the OGE Form 201, but they can, if
they so choose, continue to use or develop their own forms (see the
discussion below).
This proposed modified version of the OGE Form 201 will add express
mention (in part III of the form) to another category of materials
subject to public access under the Ethics Act--Ethics Act-qualified
blind trust and qualified diversified trust instruments and the list of
assets transferred to such trusts (& of assets sold in the case of a
qualified blind trust). See 5 CFR 2634.603(g)(2). The other change to
the form would add to the part C public burden information block a
statement required under the 1995 amendments to the paperwork law to
the effect that ``an agency may not conduct or sponsor, and no person
is required to respond to, a collection of information unless it
displays a currently valid OMB control number,'' together with a
parenthetical mention that such number is displayed in the upper right-
hand corner of the front page of the OGE Form 201.
In light of OGE's experience over the past three years (1993-1995),
the estimate of the total number of access forms expected to be filed
annually at OGE by members of the public (primarily by news media,
public interest groups and private citizens) is proposed to be adjusted
up somewhat from 250 to 275 (access requests by other Federal agencies
or Federal employees are not included). The estimated average amount of
time to complete the form, including review of the instructions,
remains at ten minutes. Thus, the overall estimated annual public
burden for the OGE Form 201 for forms filed at the Office of Government
Ethics will increase from 42 hours in the current OMB paperwork
inventory listing (250 forms X 10 minutes per form--number rounded off)
to 46 hours (275 forms X 10 minutes per form--number rounded off).
Moreover, OGE estimates, based on the agency ethics program
questionnaire responses for the past couple of years, that some 1,500
access request forms will be filed each year at the other executive
branch departments and agencies.
The Office of Government Ethics expects that the new form should be
ready, after OMB clearance, for dissemination to executive branch
departments and agencies next summer. The Office of Government Ethics
will provide appropriate guidance and phase-in time to departments and
agencies once the new form is available. The new form will be made
available free-of-charge to departments and agencies on paper, on
electronic disk and on OGE's electronic bulletin board entitled ``The
Ethics Bulletin Board System'' (TEBBS). In addition, if there is
sufficient interest, OGE will consider making available a future
electronic version of the form, to allow persons the option of
preparing it on a computer. The Office of Government Ethics also will
permit departments and agencies to photocopy or have copies printed of
the form as well as to develop or utilize, on their own, electronic
versions of the form provided that they precisely duplicate the paper
original to the extent possible. As noted above, agencies can also
develop their own access forms, provided all the information required
by the Ethics Act and OGE regulations is placed on the form, along with
appropriate Privacy Act and paperwork notices with the attendant
clearances being obtained therefor.
Public comment is invited on each aspect of the proposed modified
OGE Form 201 as set forth in this notice, including specifically views
on the need for and practical utility of this proposed modified
collection of information, the accuracy of OGE's burden estimate, the
enhancement of quality, utility and clarity of the information
collected, and the minimization of burden (including the use of
information technology).
Comments received in response to this notice will be summarized
for, and may be included with, the OGE request for OMB paperwork
approval for this modified information collection. The comments will
also become a matter of public record.
Approved: December 28, 1995.
Donald E. Campbell,
Deputy Director, Office of Government Ethics.
[FR Doc. 96-94 Filed 1-3-96; 8:45 am]
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