[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 

[[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]
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