[Federal Register: January 4, 1996 (Volume 61, Number 3)] [Notices] [Page 357-358] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr04ja96-57] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 [[Page 358]] 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] BILLING CODE 6345-01-U