[Federal Register Volume 61, Number 45 (Wednesday, March 6, 1996)]
[Notices]
[Pages 8941-8942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5250]



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OFFICE OF GOVERNMENT ETHICS


Proposed Extension of Collection; Comment Request for the SF 278 
Public Financial Disclosure Report

AGENCY: Office of Government Ethics (OGE).

ACTION: Notice.

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SUMMARY: The Office of Government Ethics plans to submit the Standard 
Form (SF) 278 which it sponsors for a three-year extension of approval 
by the Office of Management and Budget (OMB) under the Paperwork 
Reduction Act. The SF 278 is henceforth to be accompanied by agency 
notification to filers of certain modified reporting requirements not 
yet incorporated into the form itself; OGE also intends to work on a 
future modified form to eventually replace the existing SF 278.

DATES: Comments on this proposed extension should be received by May 
20, 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. Comments may also be sent electronically to OGE's Internet 
E-mail address at [email protected] (for E-mail messages, the subject 
line should include the following reference--``SF 278 paperwork 
comment'').

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 a blank SF 278 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, the SF 278 Executive 
Branch Personnel Public Financial Disclosure Report (OMB control number 
3209-0001) for a three-year extension of approval by OMB under the 
Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35). The current 
paperwork approval for the SF 278 is scheduled to expire at the end of 
September 1996. Since, for now (see discussion below), no modification 
to the standard form is being proposed, OGE will not need to seek 
General Services Administration (GSA) clearance for the future request 
for extension of OMB paperwork approval.
    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 the sponsoring agency for the 
SF 278, the most recent edition of which is that of June 1994. The 
prior January 1991 edition also remains usable until supplies are 
exhausted. In accordance with section 102 of the Ethics in Government 
Act, 5 U.S.C. app. Sec. 102, and OGE's implementing financial 
disclosure regulations at 5 CFR part 2634, the SF 278 collects 
pertinent financial information from certain officers and high-level 
employees in the executive branch for conflicts of interest review and 
public disclosure. The financial information collected under the 
statute and regulations relates to: assets and income; transactions; 
gifts, reimbursements and travel expenses; liabilities; agreements or 
arrangements; outside positions; and compensation over $5,000 paid by a 
source--all subject to various reporting thresholds and exclusions.
    The SF 278 is completed by candidates, nominees, new entrants, 
incumbents and terminees of certain high-level positions in the 
executive branch of the Federal Government. The Office of Government 
Ethics, along with the agencies concerned, conducts the review of the 
SF 278 reports of Presidential nominees subject to Senate confirmation. 
This group of nominee reports forms the basis of OGE's paperwork 
estimates. In light of OGE's experience over the past three years 
(1993-1995), the estimate of the total number, on average, of such 
nominee's SF 278 forms expected to be filed annually at OGE by members 
of the public (as opposed to current Federal employees), primarily by 
private citizen nominees and private representatives (lawyers, 
accountants, brokers and bankers) of both private citizen and Federal 
employee nominees, remains 280.
    The estimated average amount of time to complete the report form, 
including review of the instructions, is also the same--three hours. 
Thus, the overall estimated annual public burden for the SF 278 for the 
nominee report forms processed at the Office of Government Ethics will 
stay at 840 hours. Moreover, OGE estimates, based on the agency ethics 
program questionnaire responses for 1994 (the most recent survey 
available), that some 22,500 SF 278 report forms are filed annually at 
departments and agencies throughout the executive branch. Most of those 
executive branch filers are current Federal employees at the time they 
file, but certain candidates for President and Vice President, 
nominees, new entrants and terminees complete the form either before or 
after their Government service. The percentage of private citizen 
filers branchwide is estimated at no more than 5% to 10%, or some 1,125 
to 2,250 at most.
    As noted above, the Office of Government Ethics is asking executive 
branch departments and agencies to notify filers of the SF 278 of 
certain recent changes in the reporting law as regards higher-category 
(over $1,000,000) assets, income and liabilities. In addition, OGE 
itself will notify concerned filers holding qualified blind trusts of a 
modification as to reportable trust interests. See sections 20 and 22 
of the Lobbying Disclosure Act of 1995, Public Law 104-65, which 
amended the Ethics in Government Act. There may also be a need to 
modify the gifts/reimbursement reporting thresholds if the ``minimal 
value'' under the Foreign Gifts and Decorations Act, 5 U.S.C. 7342, is 
raised by GSA to over $250 (the Ethics Act reporting thresholds are 
pegged to any increase over that amount of ``minimal value''). If so, 
this change would likewise be handled for now by OGE and agency 
notification to filers. In the next year or two, OGE intends to begin 
work on an eventual successor form to the current version of the SF 278 
that would reflect these recent changes as well as add express mention, 
on the public burden information block, of a statement pursuant to 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 form. Serious consideration will also be given to any other 
appropriate changes, including possible redesign of the form at that 
time. That future form may either be a modified standard form or a new 
OGE form and will be subject to appropriate clearances before issuance. 
Again, for now, OGE is not proposing to modify the SF 278 report form 
itself, but rather will ask that departments and agencies notify their 
filers of the modifications to the reporting requirements and new 
paperwork statement when the existing SF 278 forms are provided for 
completion (OGE will notify concerned filers of the changes as to 
qualified blind trust interests). 

[[Page 8942]]

    Based on an OGE request last year as approved by the General 
Services Administration, the SF 278 Public Financial Disclosure Report 
can now be electronically duplicated without standard form exception 
clearance pursuant to GSA's Federal Information Resources Management 
Regulation Bulletin B-3, provided that the bulletin's strict 
duplication standards (precisely paralleling the original paper form to 
the extent feasible) are complied with. Thus, departments and agencies 
can develop their own electronic SF 278 forms. The Office of Government 
Ethics is also considering development of a stand-alone electronic SF 
278 form that would be made available free of charge or at cost to 
executive branch departments and agencies. In addition, that electronic 
version of the form could be placed on OGE's electronic bulletin board 
entitled ``The Ethics Bulletin Board System'' (TEBBS). For now, OGE 
notes that even with these electronic initiatives, the SF 278 reports, 
once completed, will still need to be printed out and signed manually. 
Electronic filing is not authorized at the present time for the SF 
278s.
    Public comment is invited on each aspect of the SF 278 Public 
Financial Disclosure Report as set forth in this notice, including 
specifically views on the need for and practical utility of this 
collection of information, the accuracy of OGE's burden estimate, the 
potential for 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 extension of the OMB 
paperwork approval for this information collection. The comments will 
also become a matter of public record.

    Approved: February, 1996.
Stephen D. Potts,
Director, Office of Government Ethics.
[FR Doc. 96-5250 Filed 3-5-96; 8:45 am]
BILLING CODE 6345-01-P