[Federal Register: May 16, 1996 (Volume 61, Number 96)] [Notices] [Page 24796-24798] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr16my96-88] ======================================================================= ----------------------------------------------------------------------- OFFICE OF GOVERNMENT ETHICS Submission for OMB Review; Comment Request for the Proposed Modified Form for Requesting Access to Executive Branch Public Financial Disclosure Reports and Other Covered Records AGENCY: Office of Government Ethics (OGE). ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Office of Government Ethics has submitted to the Office of Management and Budget (OMB) a slightly modified OGE Form 201 used by persons for requesting access to executive branch public financial disclosure reports and other covered records for three-year approval under the Paperwork Reduction Act. This modified form will replace the existing one. DATES: Comments on this proposal should be received by June 17, 1996. ADDRESSES: Comments should be sent to Joseph F. Lackey, Jr., Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Room 10235, Washington, DC 20503; telephone: 202-395-7316. FOR FURTHER INFORMATION CONTACT: William E. Gressman, Office of General Counsel and Legal Policy, Office of Government Ethics, 1201 New York Avenue, NW., Washington, DC 20005-3917; telephone: 202-208-8000 (ext. 1110), FAX: 202-208-8037 (please note the new OGE telephone and FAX numbers which became effective May 6, 1996). A copy of OGE's draft form, as well as the rest of OGE's paperwork submission package to OMB, may be [[Page 24797]] obtained, without charge, by contacting Mr. Gressman. SUPPLEMENTARY INFORMATION: The Office of Government Ethics has submitted to OMB, for three-year approval by OMB under the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), 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'' (OMB control # 3209-0002). On January 4, 1996, OGE published an advance paperwork notice of the proposed modified OGE Form 201 (see 61 FR 357-358). No public comments were received on that advance notice, though OGE did receive three requests by persons outside OGE for copies of the proposed new form, which were provided. Therefore, OGE has determined to proceed with submission of the proposed modified form, with one revision noted below, to OMB for approval. Once finally approved by OMB and adopted by OGE, the modified version of OGE Form 201 will replace the existing version (whose paperwork clearance is scheduled to expire at the end of this coming July). As noted in the advance FR notice, OGE, as the supervising ethics office for the executive branch of the Federal Government under the Ethics in Government Act (the ``Ethics Act''), is proposing to slightly 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 other covered records are certificates of divestiture, section 208 waiver determinations (after removal of any information exempt from disclosure under the Freedom of Information Act), other access requests and, as being expressly added in the proposed modified form, certain publicly available qualified trust documents. See sections 102 (f)(5)(D) & (f)(7)(B) and 105 (b) & (c) of the Ethics in Government Act of 1978 as amended (the ``Ethics Act''), 5 U.S.C. app., secs. 102 (f)(5)(D) & (f)(7)(B) and 105 (b) & (c), 18 U.S.C. 208(d)(1), and OGE's implementing financial disclosure regulations at 5 CFR 2634.408(d), 2634.603(c), (f) & (g)(2), and 2634.1004 as well as appendixes A, B and C to part 2634. The form reflects the requirements of the 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 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 choose, continue to use or develop their own forms (see the discussion below). As noted, 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, the list of assets transferred to such trusts (& of assets sold in the case of a qualified blind trust), and the certificates of independence and compliance with respect to such trusts. The Office of Government Ethics has determined, since the advance notice was issued, to make one further change to include reference to the certificates in the listing of publicly available trust documents. See section 102 (f)(5)(D) & (f)(7)(B) of the Ethics Act and 5 CFR 2634.408(d) and 2634.603(g)(2), as well as appendixes A, B and C to part 2634. The other modification to the form would add to the part II.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 (mostly from the news media, public interest groups and other members of the public) 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 this 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 in the future an electronic version of the form, to allow persons the option of preparing it on a computer. The Office of Government Ethics will also 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 (following the strict duplication standards set forth in the General Services Administration Federal Information Resources Management Regulation Bulletin B-3, which applies to standard and optional forms). Finally, as noted, 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 again 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). The Office of Government Ethics, in consultation with OMB, will consider all comments received, which will become a matter of public record. [[Page 24798]] Approved: May 10, 1996. Stephen D. Potts, Director, Office of Government Ethics. [FR Doc. 96-12222 Filed 5-15-96; 8:45 am] BILLING CODE 6345-01-P