83 FR 49385 - Agency Information Collection Activities; Submission for OMB Review; Proposed Collection; Comment Request for a Modified OGE Form 278e Executive Branch Personnel Public Financial Disclosure Report
OFFICE OF GOVERNMENT ETHICS Federal Register Volume 83, Issue 190 (October 1, 2018)
Federal Register Volume 83, Issue 190 (October 1, 2018)
| Page Range | 49385-49386 | |
| FR Document | 2018-21270 |
[Federal Register Volume 83, Number 190 (Monday, October 1, 2018)] [Notices] [Pages 49385-49386] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21270] ----------------------------------------------------------------------- OFFICE OF GOVERNMENT ETHICS Agency Information Collection Activities; Submission for OMB Review; Proposed Collection; Comment Request for a Modified OGE Form 278e Executive Branch Personnel Public Financial Disclosure Report AGENCY: Office of Government Ethics (OGE). ACTION: Notice of request for agency and public comments. ----------------------------------------------------------------------- SUMMARY: After publication of this second round notice, the Office of Government Ethics (OGE) intends to submit a modified OGE Form 278e Executive Branch Personnel Public Financial Disclosure Report to the Office of Management and Budget (OMB) for review and approval under the Paperwork Reduction Act of 1995. DATES: Written comments by the public and the agencies on this proposed modification are invited and must be received by October 31, 2018. ADDRESSES: You may submit comments on this paperwork notice to the Office of Management and Budget, Attn: Desk Officer for OGE, via fax at 202-395-6974 or email at OIRA_Submission@omb.eop.gov. (Include reference to ``OGE Form 278e paperwork comment'' in the subject line of the message). FOR FURTHER INFORMATION CONTACT: Sara Nekou at the U.S. Office of Government Ethics; telephone: 202-482-9229; TTY: 800-877-8339; FAX: 202-482-9237; Email: snekou@oge.gov. An electronic copy of the OGE Form 278e is available in the Forms Library section of OGE's website at http://www.oge.gov. A paper copy may also be obtained, without charge, by contacting Ms. Nekou. SUPPLEMENTARY INFORMATION: Title: Executive Branch Personnel Public Financial Disclosure Report. Form Number: OGE Form 278e. OMB Control Number: 3209-0001. Type of Information Collection: Revision of a currently approved collection. Type of Review Request: Regular. Respondents: Private citizen Presidential nominees to executive branch positions subject to Senate confirmation; other private citizens who are potential (incoming) Federal employees whose positions are designated for public disclosure filing; those who file termination reports from such positions after their Government service ends; and Presidential and Vice-Presidential candidates. Estimated Annual Number of Respondents: 4,821. Estimated Time per Response: 10 hours. Estimated Total Annual Burden: 48,210 hours. Abstract: The OGE Form 278 collects information from certain officers and high-level employees in the executive branch for conflicts of interest review and public disclosure. The form is also completed by individuals who are nominated by the President for high-level executive branch positions requiring Senate confirmation and individuals entering into and departing from other public reporting positions in the executive branch. The financial information collected 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 information is collected in accordance with section 102 of the Ethics in Government Act, 5 U.S.C. app. sec. 102, as amended by the Stop Trading on Congressional Knowledge Act of 2012 (Pub. L. 112-105) (STOCK Act) and OGE's implementing financial disclosure regulations at 5 CFR part 2634. In 2013, OGE sought and received approval for the OGE Form 278e, an electronic version of the Form 278, implemented pursuant to the e- filing system mandated under section 11(b) of the STOCK Act. The OGE Form 278e collects the same information as the OGE Form 278. In 2014, OGE sought and received approval to incorporate the OGE Form 278e into its new Integrity e-filing application. Integrity has been in use since January 1, 2015, and OGE now requires filers to use a version of the OGE Form 278e rather than the old OGE Form 278. The version of the Form 278e that is produced by Integrity is a streamlined output report format that presents only the filer's inputs in given categories and does not report other categories not selected by the filer. On October 5, 2016, OGE published a proposed rule for amending 5 CFR part 2634. See 81 FR 69204 (October 5, 2016). The final rule was published on July 18, 2018, and is effective on January 1, 2019. See 83 FR 33980 (July 18, 2018). The proposed modifications to the OGE Form 278e revise the [[Page 49386]] instructions to reflect the changes to the financial disclosure regulation. Specifically, OGE proposes to: Revise the reporting period for termination reports to include the entire preceding calendar year if a required annual report has not been filed; revise the income disclosure requirement to include only received income; revise the ``widely diversified'' criterion for purposes of determining whether a fund qualifies as an ``excepted investment fund;'' add a new feature (checkbox) for purposes of managing early termination report filing on the Integrity version of the Form 278e; clarify the Definition section of Part 2; clarify when a source of compensation need not be disclosed and the method for disclosing the existence of such sources; and eliminate the disclosure of transactions that occurred before the reporting individual became subject to the public financial disclosure requirements. OGE is also proposing to update the Privacy Act statement in accordance with changes to the applicable system of records and to make certain minor formatting changes and corrections to the instructions and one of the data entry fields. OGE published a first round notice of its intent to request paperwork clearance for a modified OGE Form 278e Executive Branch Personnel Public Financial Disclosure Report. See 83 FR 32122 (July 11, 2018). OGE received three responses to that notice. The first response was unrelated to the notice and did not address the information collection. The second comment suggested eliminating the requirement to report diversified mutual funds. The financial disclosure requirements are dictated by the Ethics in Government Act (EIGA), 5 U.S.C. app. sec. 102, as amended. The commenter's suggested change could not be made without revisions to the EIGA. Accordingly, OGE declines to adopt this suggestion as a modification of the OGE Form 278e. The third comment was from an individual identifying himself as a former nominee to a Presidentially-appointed, Senate-confirmed position. The commenter made several suggestions about how the government should address potential conflicts of interest identified through the financial disclosure review and certification process, as well as ways that the government could make that process more efficient. These matters are beyond the scope of the information collection and cannot be addressed through the modification of the OGE Form 278e. The commenter also made suggestions regarding the detail with which filers are required to report certain assets, suggesting that the form requires excessive reporting of ``low value'' data. As discussed above, the financial disclosure requirements are dictated by the EIGA. Therefore, OGE cannot make substantive changes to the financial disclosure reporting requirements through a modification of the OGE Form 278e. Finally, the third commenter also stated that the government's estimate of the reporting burden vastly understates the actual burden for candidates with extensive or complicated financial holdings. In addressing this issue, the commenter noted that completing the form required ``at least 40 hours of work'' by him and his family. He also noted that the government's cumulative response time during the review and certification process was 114 days. As an initial matter, OGE notes that its estimate of the average reporting burden for the 278e is currently ten hours, not three as stated by the commenter. Moreover, the estimated burden properly does not include the time spent by the government in reviewing and responding to the filers' completed forms. OGE's estimated time per response is an average based on the estimated burden on all types of filers--those with complicated financial holdings and those with simpler financial holdings. While OGE recognizes that the burden for a filer with extensive or complicated financial holdings may be significantly more than ten hours, the estimated burden for the majority of filers is fewer than five hours. Accordingly, OGE declines to revise its estimated burden at this time. Request for Comments: Agency and public comment is again invited specifically on the need for and practical utility of this information collection, 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). Comments received in response to this notice may be included with the OGE request for approval of the modified information collection. The comments will also become a matter of public record. Approved: September 26, 2018. Diana Veilleux, Chief, Legal, External Affairs and Performance Branch, Office of Government Ethics. [FR Doc. 2018-21270 Filed 9-28-18; 8:45 am] BILLING CODE 6345-03-P
![Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Notices 49385
of the Ethics in Government Act, 5 Approved: September 26, 2018. employees whose positions are
U.S.C. app. sec. 107(a). OGE proposes Diana Veilleux, designated for public disclosure filing;
several modifications to the form. Chief, Legal, External Affairs and those who file termination reports from
On October 5, 2016, OGE published a Performance Branch, Office of Government such positions after their Government
Ethics. service ends; and Presidential and Vice-
proposed rule for amending 5 CFR part
[FR Doc. 2018–21275 Filed 9–28–18; 8:45 am] Presidential candidates.
2634. See 81 FR 69204 (October 5, Estimated Annual Number of
BILLING CODE 6345–02–P
2016). The final rule was published on Respondents: 4,821.
July 18, 2018, and is effective on Estimated Time per Response: 10
January 1, 2019. See 83 FR 33980 (July OFFICE OF GOVERNMENT ETHICS hours.
18, 2018). The proposed modifications Estimated Total Annual Burden:
to the OGE Form 450 revise the Agency Information Collection 48,210 hours.
instructions to reflect the changes to the Activities; Submission for OMB Abstract: The OGE Form 278 collects
financial disclosure regulation. Review; Proposed Collection; information from certain officers and
Specifically, OGE proposes to change Comment Request for a Modified OGE high-level employees in the executive
the reporting periods for each part Form 278e Executive Branch branch for conflicts of interest review
completed by new entrants, change the Personnel Public Financial Disclosure and public disclosure.
Report The form is also completed by
income disclosure threshold to $1,000
individuals who are nominated by the
of received income, eliminate the AGENCY: Office of Government Ethics President for high-level executive
disclosure of diversified funds held (OGE). branch positions requiring Senate
within an employee benefit plan, clarify ACTION: Notice of request for agency and confirmation and individuals entering
that the disclosure requirement for public comments. into and departing from other public
agreements and arrangements includes reporting positions in the executive
those with a current employer, SUMMARY: After publication of this branch. The financial information
eliminate the disclosure of continued second round notice, the Office of collected relates to: Assets and income;
participation in a defined contribution Government Ethics (OGE) intends to transactions; gifts, reimbursements and
plan to which an employer is no longer submit a modified OGE Form 278e travel expenses; liabilities; agreements
making contributions, and combine gifts Executive Branch Personnel Public or arrangements; outside positions; and
and travel reimbursement into a single Financial Disclosure Report to the compensation over $5,000 paid by a
category for purposes of applying the Office of Management and Budget source—all subject to various reporting
disclosure thresholds. (OMB) for review and approval under thresholds and exclusions. The
the Paperwork Reduction Act of 1995. information is collected in accordance
OGE is also proposing to update the DATES: Written comments by the public with section 102 of the Ethics in
Privacy Act statement in accordance and the agencies on this proposed Government Act, 5 U.S.C. app. sec. 102,
with changes to the applicable system of modification are invited and must be as amended by the Stop Trading on
records, update the examples provided received by October 31, 2018. Congressional Knowledge Act of 2012
on the last page of the form, and make ADDRESSES: You may submit comments (Pub. L. 112–105) (STOCK Act) and
other minor technical changes. on this paperwork notice to the Office OGE’s implementing financial
OGE published a first round notice of of Management and Budget, Attn: Desk disclosure regulations at 5 CFR part
its intent to request paperwork Officer for OGE, via fax at 202–395– 2634.
clearance for a modified OGE Form 450 6974 or email at OIRA_Submission@ In 2013, OGE sought and received
Executive Branch Confidential Financial omb.eop.gov. (Include reference to approval for the OGE Form 278e, an
Disclosure Report. See 83 FR 32123 ‘‘OGE Form 278e paperwork comment’’ electronic version of the Form 278,
(July 11, 2018). OGE received one in the subject line of the message). implemented pursuant to the e-filing
response to that notice from a private FOR FURTHER INFORMATION CONTACT: Sara system mandated under section 11(b) of
citizen. The private citizen’s response Nekou at the U.S. Office of Government the STOCK Act. The OGE Form 278e
was unrelated to the notice and did not Ethics; telephone: 202–482–9229; TTY: collects the same information as the
address the information collection. 800–877–8339; FAX: 202–482–9237; OGE Form 278. In 2014, OGE sought
Email: snekou@oge.gov. An electronic and received approval to incorporate the
Request for Comments: Agency and OGE Form 278e into its new Integrity e-
copy of the OGE Form 278e is available
public comment is again invited in the Forms Library section of OGE’s filing application. Integrity has been in
specifically on the need for and website at http://www.oge.gov. A paper use since January 1, 2015, and OGE now
practical utility of this information copy may also be obtained, without requires filers to use a version of the
collection, the accuracy of OGE’s charge, by contacting Ms. Nekou. OGE Form 278e rather than the old OGE
burden estimate, the enhancement of SUPPLEMENTARY INFORMATION: Form 278. The version of the Form 278e
quality, utility, and clarity of the Title: Executive Branch Personnel that is produced by Integrity is a
information collected, and the Public Financial Disclosure Report. streamlined output report format that
minimization of burden (including the Form Number: OGE Form 278e. presents only the filer’s inputs in given
use of information technology). OMB Control Number: 3209–0001. categories and does not report other
Comments received in response to this Type of Information Collection: categories not selected by the filer.
notice may be included with the OGE Revision of a currently approved On October 5, 2016, OGE published a
amozie on DSK3GDR082PROD with NOTICES
request for approval of the modified collection. proposed rule for amending 5 CFR part
information collection. The comments Type of Review Request: Regular. 2634. See 81 FR 69204 (October 5,
will also become a matter of public Respondents: Private citizen 2016). The final rule was published on
record. Presidential nominees to executive July 18, 2018, and is effective on
branch positions subject to Senate January 1, 2019. See 83 FR 33980 (July
confirmation; other private citizens who 18, 2018). The proposed modifications
are potential (incoming) Federal to the OGE Form 278e revise the
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![49386 Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Notices
instructions to reflect the changes to the are required to report certain assets, DEPARTMENT OF HEALTH AND
financial disclosure regulation. suggesting that the form requires HUMAN SERVICES
Specifically, OGE proposes to: Revise excessive reporting of ‘‘low value’’ data.
the reporting period for termination As discussed above, the financial Agency for Healthcare Research and
reports to include the entire preceding disclosure requirements are dictated by Quality
calendar year if a required annual report the EIGA. Therefore, OGE cannot make
has not been filed; revise the income substantive changes to the financial Supplemental Evidence and Data
disclosure requirement to include only disclosure reporting requirements Request on Antipsychotics for the
received income; revise the ‘‘widely Prevention and Treatment of Delirium:
through a modification of the OGE Form
diversified’’ criterion for purposes of A Systematic Review
278e.
determining whether a fund qualifies as AGENCY: Agency for Healthcare Research
an ‘‘excepted investment fund;’’ add a Finally, the third commenter also
stated that the government’s estimate of and Quality (AHRQ), HHS.
new feature (checkbox) for purposes of
the reporting burden vastly understates ACTION: Request for Supplemental
managing early termination report filing
on the Integrity version of the Form the actual burden for candidates with Evidence and Data Submissions
278e; clarify the Definition section of extensive or complicated financial
holdings. In addressing this issue, the SUMMARY: The Agency for Healthcare
Part 2; clarify when a source of Research and Quality (AHRQ) is seeking
compensation need not be disclosed and commenter noted that completing the
scientific information submissions from
the method for disclosing the existence form required ‘‘at least 40 hours of
the public. Scientific information is
of such sources; and eliminate the work’’ by him and his family. He also
being solicited to inform our review of
disclosure of transactions that occurred noted that the government’s cumulative
Antipsychotics for the Prevention and
before the reporting individual became response time during the review and
Treatment of Delirium: A Systematic
subject to the public financial disclosure certification process was 114 days. As
Review, which is currently being
requirements. an initial matter, OGE notes that its
conducted by the AHRQ’s Evidence-
OGE is also proposing to update the estimate of the average reporting burden
based Practice Centers (EPC) Program.
Privacy Act statement in accordance for the 278e is currently ten hours, not
Access to published and unpublished
with changes to the applicable system of three as stated by the commenter.
pertinent scientific information will
records and to make certain minor Moreover, the estimated burden improve the quality of this review.
formatting changes and corrections to properly does not include the time
the instructions and one of the data DATES: Submission Deadline on or
spent by the government in reviewing
entry fields. and responding to the filers’ completed before October 31, 2018.
OGE published a first round notice of forms. OGE’s estimated time per ADDRESSES:
its intent to request paperwork response is an average based on the Email submissions: epc@
clearance for a modified OGE Form 278e estimated burden on all types of filers— ahrq.hhs.gov.
Executive Branch Personnel Public those with complicated financial Print submissions:
Financial Disclosure Report. See 83 FR holdings and those with simpler Mailing Address: Center for Evidence
32122 (July 11, 2018). OGE received financial holdings. While OGE and Practice Improvement, Agency for
three responses to that notice. The first recognizes that the burden for a filer Healthcare Research and Quality,
response was unrelated to the notice with extensive or complicated financial ATTN: EPC SEADs Coordinator, 5600
and did not address the information holdings may be significantly more than Fishers Lane, Mail Stop 06E53A,
collection. ten hours, the estimated burden for the Rockville, MD 20857.
The second comment suggested Shipping Address (FedEx, UPS, etc.):
majority of filers is fewer than five
eliminating the requirement to report Center for Evidence and Practice
hours. Accordingly, OGE declines to
diversified mutual funds. The financial Improvement, Agency for Healthcare
revise its estimated burden at this time.
disclosure requirements are dictated by Research and Quality, ATTN: EPC
the Ethics in Government Act (EIGA), 5 Request for Comments: Agency and
SEADs Coordinator, 5600 Fishers Lane,
U.S.C. app. sec. 102, as amended. The public comment is again invited Mail Stop 06E77D, Rockville, MD
commenter’s suggested change could specifically on the need for and 20857.
not be made without revisions to the practical utility of this information
EIGA. Accordingly, OGE declines to collection, the accuracy of OGE’s FOR FURTHER INFORMATION CONTACT:
adopt this suggestion as a modification burden estimate, the enhancement of Jenae Benns, Telephone: 301–427–1496
of the OGE Form 278e. quality, utility, and clarity of the or Email: epc@ahrq.hhs.gov.
The third comment was from an information collected, and the SUPPLEMENTARY INFORMATION: The
individual identifying himself as a minimization of burden (including the Agency for Healthcare Research and
former nominee to a Presidentially- use of information technology). Quality has commissioned the
appointed, Senate-confirmed position. Comments received in response to this Evidence-based Practice Centers (EPC)
The commenter made several notice may be included with the OGE Program to complete a review of the
suggestions about how the government request for approval of the modified evidence for Antipsychotics for the
should address potential conflicts of information collection. The comments Prevention and Treatment of Delirium:
interest identified through the financial will also become a matter of public A Systematic Review. AHRQ is
disclosure review and certification record. conducting this systematic review
process, as well as ways that the pursuant to Section 902(a) of the Public
Approved: September 26, 2018.
amozie on DSK3GDR082PROD with NOTICES
government could make that process Health Service Act, 42 U.S.C. 299a(a).
more efficient. These matters are beyond Diana Veilleux, The EPC Program is dedicated to
the scope of the information collection Chief, Legal, External Affairs and identifying as many studies as possible
and cannot be addressed through the Performance Branch, Office of Government that are relevant to the questions for
modification of the OGE Form 278e. The Ethics. each of its reviews. In order to do so, we
commenter also made suggestions [FR Doc. 2018–21270 Filed 9–28–18; 8:45 am] are supplementing the usual manual
regarding the detail with which filers BILLING CODE 6345–03–P and electronic database searches of the
VerDate Sep<11>2014 17:50 Sep 28, 2018 Jkt 247001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\01OCN1.SGM 01OCN1](https://thefederalregister.org/doc/83_FR_49575/page/2.svg)
Document Created: 2018-09-29 04:26:01
Document Modified: 2018-09-29 04:26:01
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of request for agency and public comments. | |
| Dates | Written comments by the public and the agencies on this proposed modification are invited and must be received by October 31, 2018. | |
| Contact | Sara Nekou at the U.S. Office of Government Ethics; telephone: 202-482-9229; TTY: 800-877-8339; FAX: 202-482-9237; Email: [email protected] An electronic copy of the OGE Form 278e is available in the Forms Library section of OGE's website at http://www.oge.gov. A paper copy may also be obtained, without charge, by contacting Ms. Nekou. | |
| FR Citation | 83 FR 49385 |
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