[Federal Register Volume 90, Number 241 (Thursday, December 18, 2025)]
[Notices]
[Pages 59122-59123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-23267]
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OFFICE OF GOVERNMENT ETHICS
Agency Information Collection Activities; Information Collection
Renewal; Comment Request for Legal Expense Fund Information Collection
AGENCY: Office of Government Ethics (OGE).
ACTION: Notice of request for agency and public comments.
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SUMMARY: After this first round notice and public comment period, the
U.S. Office of Government Ethics (OGE) plans to request that the Office
of Management and Budget (OMB) renew its approval under the Paperwork
Reduction Act for an existing information collection related to OGE's
Legal Expense Fund regulation at 5 CFR part 2635, subpart J.
DATES: Written comments by the public and the agencies on this proposed
extension are invited and must be received on or before February 17,
2026.
ADDRESSES: Comments may be submitted to OGE by any of the following
methods:
Email: [email protected] (Include reference to ``OGE Legal Expense Fund
paperwork comment'' in the subject line of the message.)
Mail: Office of Government Ethics, Suite 750, 250 E Street SW,
Washington, DC 20024, Attention: McEvan Baum, Assistant Counsel.
Instructions: Comments may be posted on OGE's website, www.oge.gov.
Sensitive personal information, such as account numbers or Social
Security numbers, should not be included. Comments generally will not
be edited to remove any identifying or contact information.
FOR FURTHER INFORMATION CONTACT: McEvan Baum at the U.S. Office of
Government Ethics; telephone: 202-482-9287; TTY: 800-877-8339; Email:
[email protected].
SUPPLEMENTARY INFORMATION:
Title: OGE Legal Expense Fund Information Collection.
[[Page 59123]]
Type of Information Collection: Extension of a currently approved
collection.
Type of Review Request: Regular.
Respondents: Current executive branch employees (and/or their
representatives) seeking to accept payments for legal expenses from a
legal expense fund or the provision of pro bono legal services for
matters arising in connection with the employee's past or current
official position, the employee's prior position on a campaign of a
candidate for President or Vice President, or the employee's prior
position on a Presidential Transition Team; legal expense fund
trustees.
Estimated Average Annual Number of Responses: 133.
Total Estimated Time per Response: 5 minutes to 20 hours (see table
below for detailed explanation).
Estimated Average Total Annual Burden: 109.2 hours.
OMB Control Number: 3209-0012.
Abstract: On May 25, 2023, OGE published a final rule establishing
a framework to govern an executive branch employee's acceptance of
payments for legal expenses through a Legal Expense Fund (LEF) for
matters arising in connection with the employee's official position,
the employee's prior position on a campaign of a candidate for
President or Vice President, or the employee's prior position on a
Presidential Transition Team. The requirements for establishing and
maintaining an LEF are found in 5 CFR part 2635, subpart J (LEF
regulation).
The LEF regulation requires that employees who wish to establish a
legal expense fund do so through a trust with a single, named employee
beneficiary and a trustee. It also requires an employee beneficiary to
file quarterly reports that include information (1) regarding members
of the public who make financial donations to help pay for the employee
beneficiary's legal expenses (donors) and (2) members of the public who
receive payments from a legal expense fund (payees). The employee
beneficiary must also file a termination report upon the termination of
the trust and/or executive branch employment. The trust documents,
quarterly reports, and termination reports will be posted directly on
OGE's website in accordance with 5 CFR 2635.1007(g). Together, this
information collection (IC) is titled ``OGE Legal Expense Fund
Information Collection.'' The IC was approved by OMB and assigned OMB
Control Number 3209-0012 on July 21, 2023.
The following table estimates the total annual burden resulting
from the OGE Legal Expense Fund Information Collection.
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Number of
Instrument Time per response annual Total burden
responses (hours)
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Trust Document................................ 20 hours........................ 3 60
Quarterly and Termination Reports (beneficiary 2 hours......................... 20 40
burden).
Quarterly and Termination Reports (donor and 5 minutes....................... 110 9.2
payee burden).
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Total..................................... ................................ .............. 109.2
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OGE estimates that there will be approximately three new legal
expense funds filed each year. It is anticipated that there may be an
average of five legal expense fund trusts in existence each year. Each
trust is anticipated to have approximately 20 donors, whose reporting
requirements are tied to the frequency with which they donate, and
approximately two payees, who will submit information each time they
receive a distribution. The burden for collecting this information from
donors and payees is on the trustees. These estimates are based in part
on OGE's knowledge of several legal expense funds that have been
established for Executive branch employees, as well as OGE's
consultation with the U.S. House of Representatives and the U.S. Senate
regarding the legal expense funds that they oversee.
Based on the above, OGE estimates an average annual time burden
during the next three years of 109.2 hours. Using an estimated rate of
$340 per hour for the services of a professional trustee or private
representative, the estimated annual cost burden is $37,128.
Under OMB's implementing regulations for the Paperwork Reduction
Act, any recordkeeping, reporting, or disclosure requirement contained
in a rule of general applicability is deemed to involve ten or more
persons. See 5 CFR 1320.3(c)(4)(i).
OGE plans to submit the instruments described above to OMB for a
three-year extension of approval without modification, pursuant to the
Paperwork Reduction Act of 1995, 44 U.S.C. chapter 35.
Request for Comments: Agency and public comments are invited
specifically on the need for and practical utility of this information
collection, on the accuracy of OGE's burden estimate, on the
enhancement of quality, utility, and clarity of the information
collected, and on minimizing the burden to the public. Comments
received in response to this notice will be summarized for, and may be
included with, the OGE request for extension of OMB approval. The
comments will also become a matter of public record.
Specifically, OGE seeks public comment on the following:
1. What problems do you have using the form?
2. Are there sections of the form or instructions that are
unclear?
3. Is there information provided that is confusing?
4. What additional information would be helpful?
5. Is it clear from the form that the filing requirement begins
once a Legal Expense Fund is approved under Subpart J of 5 CFR part
2635, regardless of whether a reportable contribution or
distribution is made during a reporting period?
Authority: 44 U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1); 5 CFR part
2635, subpart J.
Approved: December 15, 2025.
Shelley K. Finlayson,
Chief of Staff and Chief Counsel, Office of Government Ethics.
[FR Doc. 2025-23267 Filed 12-17-25; 8:45 am]
BILLING CODE 6345-04-P