[Federal Register Volume 63, Number 79 (Friday, April 24, 1998)]
[Notices]
[Pages 20411-20412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10889]


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OFFICE OF GOVERNMENT ETHICS


Proposed Extension and Clearance of Information Collections Under 
the Paperwork Reduction Act; Comment Request for the Updated Model 
Qualified Trust Certificates and Documents

AGENCY: Office of Government Ethics (OGE).

ACTION: Notice.

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SUMMARY: After this first round notice and comment period, OGE plans to 
submit updated executive branch qualified trust model certificates and 
draft documents for three-year extension of Office of Management and 
Budget (OMB) approval under the Paperwork Reduction Act. In addition, 
OGE intends to submit, as part of the same overall package, a new set 
of model blind trust communications formats for paperwork review and 
approval for the first time. In all, a total of twelve OGE model 
certificates and documents are involved.

DATES: Comments by the public and agencies on this proposed paperwork 
extension and clearance notice are invited and should be received by 
July 8, 1998.

ADDRESSES: Comments should be sent to William E. Gressman, Associate 
General Counsel, 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--``Qualified trust model certificates and draft documents 
paperwork comment'').

FOR FURTHER INFORMATION CONTACT: Mr. Gressman at the Office of 
Government Ethics; telephone: 202-208-8000, ext. 1110; TDD: 202-208-
8025; FAX: 202-208-8037. A copy of all of the draft updated model trust 
documents and certificates may be obtained, without charge, by 
contacting Mr. Gressman.

SUPPLEMENTARY INFORMATION: The Office of Government Ethics, as the 
supervising ethics office for the executive branch of the Federal 
Government under the Ethics in Government Act of 1978 (the ``Ethics 
Act''), is the sponsoring agency for model certificates and draft trust 
documents for qualified blind and diversified trusts of executive 
branch officials set up under section 102(f) of the Ethics Act, 5 
U.S.C. app., Sec. 102(f), and OGE's implementing financial disclosure 
regulations at subpart D of 5 CFR part 2634. Approval of OGE can be 
sought by Presidential nominees to executive branch positions subject 
to Senate confirmation and any other executive branch officials for 
Ethics Act qualified blind or diversified trusts. The various model 
certificates and trust documents are utilized by OGE and settlors, 
trustees and other fiduciaries in establishing and administering the 
qualified trusts.
    The Office of Government Ethics is planning to submit, after this 
first round notice and comment period, updated versions of eleven 
qualified trust certificates and model documents (all included under 
OMB control number 3209-0007) for a three-year extension of approval by 
OMB under the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35). 
At that time, OGE will publish a second paperwork notice in the Federal 
Register to inform the public and the agencies. The current paperwork 
approval for the certificates and model documents is scheduled to 
expire at the end of August 1998. The proposed updating changes are 
minor improvements to the various forms that result from practice with 
the qualified trust program over the past several years.
    In addition, OGE has determined that a new twelfth model forms set, 
entitled Blind Trust Communications (Expedited Procedure for Securing 
Approval of Proposed Communications) and which consists of standard 
trustee reporting formats and instructions for communicating with OGE, 
will be of value in administering the Ethics Act qualified trust 
program. Accordingly, OGE will seek initial three-year paperwork 
approval therefor from OMB.
    Furthermore, OGE proposes to make a revision to the procedural 
paperwork notices to all of the model certificates and draft trust 
documents. Pursuant to the 1995 revisions to the Paperwork Reduction 
Act, OGE would add a statement to the model forms 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. A parenthetical reference would also be made to the 
location of that number (on the top of the first page or in the heading 
of the various model documents). The caption of the public burden 
information section would be changed to indicate the inclusion of the 
Paperwork Reduction Act statement as well. In addition, OGE would add 
the OMB paperwork control number, 3209-0007, to the headings of the 
model certificates, as codified in appendixes A and B to part 2634.
    The various model trust certificates and documents as proposed to 
be modified are available to the public upon request as indicated in 
the ``For Further Information Contact'' section above.
    There are two categories of information collection requirements 
which OGE plans to submit, each with its own related reporting 
certificates or model documents which are subject to review and 
approval by OMB under the Paperwork Reduction Act (44 U.S.C. chapter 
35). The OGE regulatory

[[Page 20412]]

citations for these two categories, together with identification of the 
forms used for their implementation, are as follows:
    i. Qualified trust administration--5 CFR 2634.401(d)(2), 
2634.403(b)(11), 2634.404(c)(11), 2634.406(a)(3) and (b), 2634.408, 
2634.409 and appendixes A and B of part 2634 (the two implementing 
forms, the Certificate of Independence and Certificate of Compliance, 
are codified respectively in the cited appendixes; see also the Privacy 
Act and Paperwork Reduction Act notices thereto in appendix C--OGE will 
revise these appendixes as noted above in a final rule once OMB 
paperwork clearance for this overall package is obtained); and
    ii. Qualified trust drafting--5 CFR 2634.401(c)(1)(i) & (d)(2), 
2634.403(b), 2634.404(c), 2634.408 and 2634.409 (the nine implementing 
forms are the: (A) Blind Trust Communications (Expedited Procedure for 
Securing Approval of Proposed Communications); (B) Model Qualified 
Blind Trust Provisions; (C) Model Qualified Diversified Trust 
Provisions; (D) Model Qualified Blind Trust Provisions (For Use in the 
Case of Multiple Fiduciaries); (E) Model Qualified Blind Trust 
Provisions (For Use in the Case of an Irrevocable Pre-Existing Trust); 
(F) Model Qualified Diversified Trust Provisions (Hybrid Version); (G) 
Model Qualified Diversified Trust Provisions (For Use in the Case of 
Multiple Fiduciaries); (H) Model Qualified Diversified Trust Provisions 
(For Use in the Case of an Irrevocable Pre-Existing Trust); (I) Model 
Confidentiality Agreement Provisions (For Use in the Case of a 
Privately Owned Business); and (J) Model Confidentiality Agreement 
Provisions (For Use in the Case of Investment Management Activities).
    As noted above, OGE will seek a three-year extension of OMB 
paperwork approval for all of these certificates and documents, except 
for the new Blind Trust Communications set (item ii (A) above) as to 
which a first-time three-year paperwork clearance will be sought. Once 
completed, the new communications formats and, as now redetermined by 
OGE, the confidentiality agreements (items ii (I) and (J) above) would 
not be available to the public due to the fact that they contain 
sensitive, confidential information. All the other completed model 
trust certificates and draft documents are publicly available based 
upon proper Ethics Act request (by filling out an OGE Form 201 access 
form).
    The total annual public reporting burden represents the time 
involved for completing qualified trust certificates and documents 
drafts, which are processed by OGE. The burden is based on the amount 
of time imposed on private citizens. Virtually all filers/document 
users are private trust administrators and other private 
representatives who help to set up and maintain the qualified blind and 
diversified trusts. The detailed paperwork estimates below for the 
various trust certificates and model documents are based primarily on 
OGE's experience with administration of the qualified trust program.
    i. Trust Certificates:
    A. Certificate of Independence: Total filers (executive branch): 
10; Private citizen filers (100%): 10; OGE-processed certificates 
(private citizens): 10; OGE burden hours (20 minutes/certificate): 3.
    B. Certificate of Compliance: Total filers (executive branch): 35; 
Private citizen filers (100%): 35; OGE-processed certificates (private 
citizens): 35; OGE burden hours (20 minutes/certificate): 12; and
    ii. Model Qualified Trust Drafts:
    A. Blind Trust Communications: Total Users (executive branch): 35; 
Private citizen users (100%): 35; OGE-processed drafts (private 
citizens): 210 (based on an average of six communications per user per 
year); OGE burden hours (20 minutes/communication): 70.
    B. Model Qualified Blind Trust Draft: Total Users (executive 
branch): 10; Private citizen users (100%): 10; OGE-processed drafts 
(private citizens): 10; OGE burden hours (100 hours/draft): 1,000.
    C. Model Qualified Diversified Trust Draft: Total users (executive 
branch): 15; Private citizen users (100%): 15; OGE-processed drafts 
(private citizens): 15; OGE burden hours (100 hours/draft): 1,500.
    D.-H. Each of the five remaining model qualified trust modified 
drafts involves: Total users (executive branch): 2; Private citizen 
users (100%): 2; OGE-processed drafts (private citizens): 2, multiplied 
by 5 (five different drafts) = 10; OGE burden hours (100 hours/draft): 
200, multiplied by 5 (five different drafts) = 1,000.
    I.-J. Each of the two model confidentiality agreements involves: 
Total users (executive branch): 2; Private citizens users (100%): 2; 
OGE-processed agreements (private citizens): 2, multiplied by 2 (two 
different drafts) = 4; OGE burden hours (50 hours/agreement): 100, 
multiplied by 2 (two different drafts) = 200.
    Based on these estimates, the total number of forms expected 
annually at OGE is 294, with a cumulative total of 3,785 burden hours.
    Public comment is invited on each aspect of the model qualified 
trust certificates and trust document drafts, and underlying regulatory 
provisions, as set forth in this notice, including specifically views 
on the need for and practical utility of this set of collections 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 the set of the various existing model qualified 
trust certificates and draft documents (as updated) and request for 
initial paperwork clearance for the new model communications package. 
The comments will also become a matter of public record.

    Approved: April 17, 1998.
F. Gary Davis,
Deputy Director, Office of Government Ethics.
[FR Doc. 98-10889 Filed 4-23-98; 8:45 am]
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