[Federal Register Volume 71, Number 127 (Monday, July 3, 2006)]
[Notices]
[Pages 37936-37937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10345]



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OFFICE OF GOVERNMENT ETHICS


Agency Information Collection Activities: Submission for OMB 
Review; Proposed Collection; Comment Request for Modified OGE Form 201 
Ethics Act Access Form

AGENCY: Office of Government Ethics (OGE).

ACTION: Notice.

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SUMMARY: The Office of Government Ethics is submitting to the Office of 
Management and Budget (OMB) a proposed modified OGE Form 201 for review 
and three-year approval under the Paperwork Reduction Act. The OGE Form 
201 is used by persons for requesting access to executive branch public 
financial disclosure reports and other covered records. OGE is 
proposing three modifications to the form: clarifying the prohibited 
uses statement; updating the Privacy Act Statement summary; and 
updating the edition date. The modified form, once approved, will 
replace the existing one.

DATES: Comments by the agencies and the public on this proposal are 
invited and should be received by August 2, 2006.

ADDRESSES: Comments should be sent to Rachel F. Potter, Desk Officer 
for OGE, Office of Information and Regulatory Affairs, Office of 
Management and Budget, New Executive Office Building, Room 10235, 
Washington, DC 20503; fax: 202-395-6974.

FOR FURTHER INFORMATION CONTACT: Paul D. Ledvina, Records Officer, 
Information Resources Management Division, Office of Government Ethics; 
Telephone: 202-482-9300; TDD: 202-482-9293; fax: 202-482-9237. A copy 
of the proposed modified OGE Form 201 may be obtained, without charge, 
by contacting Mr. Ledvina.

SUPPLEMENTARY INFORMATION: The Office of Government Ethics is 
submitting to OMB a proposed modified OGE Form 201 ``Request to Inspect 
or Receive Copies of SF 278 Executive Branch Personnel Public Financial 
Disclosure Reports or Other Covered Records'' for review and three-year 
approval 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.
    The Office of Government Ethics, which is the supervising ethics 
office for the executive branch of the Federal Government under section 
109(18)(D) of the Ethics in Government Act (the Ethics Act), 5 U.S.C. 
appendix, Sec.  109(18)(D), has developed the OGE Form 201 (OMB control 
 3209-0002) for branchwide use. The form 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 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) of OGE's executive branchwide regulations 
thereunder.
    Executive branch 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 as long as they contain all the required 
information and meet all the legal requirements therefor.

Proposed Modifications

    First, OGE proposes rewording the prohibited uses statement on the 
form in order to clarify that the submitter's signature denotes 
awareness of the prohibited uses of SF 278 reports. In addition, OGE 
proposes moving the statement on the form so that it precedes the 
signature and date block.
    Second, OGE proposes modifying the Privacy Act Statement in part 
II.A. of the OGE Form 201. In 2003, OGE updated the OGE/GOVT-1 
executive branchwide system of records notice (covering Executive 
Branch Personnel Public Financial Disclosure Reports and Other Name-
Retrieved Ethics Program Records, in which completed OGE Form 201s are 
maintained). See 68 FR 3097-3109, at 3100 (January 22, 2003), as 
corrected at 68 FR 24744 (May 8, 2003). That revised system notice 
included three additional routine uses for records in the system. OGE 
has already added summaries of them to the OGE Form 201 Privacy Act 
Statement (see the listed additional disclosures (uses) s 7-
9). However, the summary of the sixth routine use listed on the OGE 
Form 201 still needs to be updated to reflect the 2003 revision of the 
underlying routine use, which OGE's second proposed modification to the 
form would do.
    Third, OGE proposes updating the edition date on pages one and two 
of the OGE Form 201.

Reporting Burden

    OGE estimates that an average of 365 OGE Form 201s will be filed 
throughout the executive branch each year by members of the public 
(primarily by news media, public interest groups and private citizens) 
for the next three years. This figure is based on the number of OGE 
Form 201s filed by members of the public at OGE (221 for 2003, 143 for 
2004, and 206 for 2005) and at departments and agencies from the rest 
of the executive branch (244 for 2003, 140 for 2004, and 140 for 2005), 
as reported on OGE's annual agency ethics program questionnaires. The 
branchwide three-year total amounts to 1,094 forms. OGE has divided 
that number by three to give the projected annual average of 365 forms 
for the next three years (2006-2008).
    The estimated average amount of time to complete the form, 
including review of the instructions, remains at ten minutes. Thus, the 
estimated annual public burden for the OGE Form 201 (throughout the 
executive branch) is 61 hours (365 forms x 10 minutes per form--number 
rounded up). This is an increase from the current burden of 37 hours. 
The current burden accounts for public filers whose OGE Form 201s were 
filed each year only with OGE. The proposed estimate of burden hours 
includes OGE Form 201s or equivalent access forms filed by members of 
the public with departments and agencies throughout the executive 
branch (including OGE). The annual estimates above differ from those 
reported in the first round FR notice (374 filers; 63 burden hours), 
because 2005 branchwide figures are now available in addition to those 
for 2003 and 2004.

Web Site Distribution of Blank Forms

    The OGE Form 201 as modified will continue to be made available 
free-of-charge as a downloadable and fillable Portable Document Format 
(PDF) file to the public as well as departments and agencies on OGE's 
Internet Web site at http://www.usoge.gov.
    OGE will also continue to permit departments and agencies to use 
the copy of the OGE Form 201, once modified, as available on OGE's Web 
site or to develop and utilize their own electronic versions of the 
modified OGE form, as long as they precisely duplicate the original to 
the extent possible. Agencies can also develop their own access forms, 
provided all the information required by the Ethics Act and OGE 
regulations is placed on such forms, along with the appropriate Privacy 
Act and paperwork notices with any attendant clearances being obtained 
by the agencies therefor.
    For now, OGE itself accepts filing of a completed OGE Form 201 by 
mail, FAX, or in person, but does not permit E-mail or Internet online 
transmission. Similarly, requested copies of reports or

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other covered records are supplied by OGE as hard (paper) copies.

Consideration of Comments

    On November 2, 2005, OGE published its first round notice of the 
forthcoming request for paperwork clearance for the proposed modified 
OGE Form 201. See 70 FR 66437-66438, as corrected at 70 FR 67538 
(November 7, 2005). The Office of Government Ethics did not receive any 
comments in response to that notice, though three agencies requested a 
copy of the proposed revised form.
    In this second notice, public comment is again invited on 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). The Office of Government Ethics, in 
consultation with OMB, will consider all comments received, which will 
become a matter of public record.

    Approved: June 26, 2006.
Robert I. Cusick,
Director, Office of Government Ethics.
[FR Doc. E6-10345 Filed 6-30-06; 8:45 am]
BILLING CODE 6345-02-P