[Federal Register Volume 63, Number 166 (Thursday, August 27, 1998)]
[Notices]
[Pages 45817-45819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23088]


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OFFICE OF GOVERNMENT ETHICS


Submission for OMB Review; Comment Request: Updated Model 
Qualified Trust Certificates and Draft Documents

AGENCY: Office of Government Ethics (OGE).

ACTION: Notice.

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SUMMARY: The Office of Government Ethics has submitted a total of 
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, the Office of 
Government Ethics has submitted a new set of model blind trust 
communications formats for paperwork review and three-year approval for 
the first time.

DATES: Comments on this proposal should be received by September 28, 
1998.

ADDRESSES: Comments should be sent to Mr. 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, Associate General 
Counsel, Office of Government Ethics, 1201 New York Avenue, NW., 
Washington, DC 20005-3917; telephone: 202-208-8000, ext. 1110; TDD: 
202-

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208-8025; FAX: 202-208-8037. A copy of all of the draft updated model 
trust documents and certificates, as well as the remainder of the OGE 
submission to OMB, 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 settlers, 
trustees and other fiduciaries in establishing and administering the 
qualified trusts.
    The Office of Government Ethics has submitted, after a 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). The current 
paperwork approval for the certificates and model documents is 
scheduled to expire soon. The updating substantive changes reflect 
minor improvements to the various forms that result from practice with 
the qualified trust program over the past several years. The Office of 
Government Ethics has also 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 has sought initial three-year paperwork 
approval from OMB.
    On April 24, 1998, at 63 Federal Register 20411-20412, OGE 
published a first round paperwork notice of the updated executive 
branch qualified trust model certificates and draft documents. During 
the public comment period on that advance notice, OGE received just a 
few requests by persons outside OGE for copies of the updated drafts 
and no comment letters.
    Furthermore, OGE has adopted a few revisions 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 has added 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 has been 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 has been changed to indicate the inclusion of the Paperwork 
Reduction Act statement. In addition, OGE has added the OMB paperwork 
control number, 3209-0007, to the headings of the model certificates, 
as codified in appendixes A and B to part 2634. Moreover, a couple of 
changes since the first round notice modify the wording of the 
sentences on paperwork comments in each of the models (now including 
the certificates) to change the verb tense, clarify the current title 
of the OGE Associate Director for Administration and remove OMB as an 
additional contact point.
    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 has submitted, 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 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 explained above in a final rule document for 
publication in the Federal Register 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 is seeking 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 is being sought. Once 
completed, the new communications formats and, as now redetermined by 
OGE, the confidentiality agreements (items ii(A), (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 estimated 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

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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/communications): 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 second round paperwork 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).
    The Office of Government Ethics, in consultation with OMB, will 
consider all comments received, which will become a matter of public 
record.

    Approved: August 21, 1998.
F. Gary Davis,
Deputy Director, Office of Government Ethics.
[FR Doc. 98-23088 Filed 8-26-98; 8:45 am]
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