Agency Information Collection Activities; Proposed Collection; Comment Request for Modified Qualified Trust Model Certificates and Model Trust Documents
| Published date | 25 September 2019 |
| Citation | 84 FR 50449 |
| Record Number | 2019-20774 |
| Section | Notices |
| Court | Government Ethics Office |
Federal Register, Volume 84 Issue 186 (Wednesday, September 25, 2019)
[Federal Register Volume 84, Number 186 (Wednesday, September 25, 2019)]
[Notices]
[Pages 50449-50451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20774]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF GOVERNMENT ETHICS
Agency Information Collection Activities; Proposed Collection;
Comment Request for Modified Qualified Trust Model Certificates and
Model Trust Documents
AGENCY: Office of Government Ethics (OGE).
ACTION: Notice of request for agency and public comments.
-----------------------------------------------------------------------
SUMMARY: After this first round notice and public comment period, the
U.S. Office of Government Ethics (OGE) intends to submit modified
versions of the 12 OGE model certificates and model documents for
qualified trusts 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
extension are invited and must be received on or before November 25,
2019.
ADDRESSES: Comments may be submitted to OGE by any of the following
methods:
Email: [email protected] (Include reference to ``OGE qualified trust
model certificates and model trust documents paperwork comment'' in the
subject line of the message.)
Fax: 202-482-9237, Attn: Jennifer Matis.
Mail, Hand Delivery/Courier: Office of Government Ethics, 1201 New
York Avenue NW, Suite 500, Attention: Jennifer Matis, Associate
Counsel, Washington, DC 20005-3917.
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: Jennifer Matis at the U.S. Office of
Government Ethics; telephone: 202-482-9216; TTY: 800-877-8339; FAX:
202-482-9237; Email: [email protected]. Copies of the model documents as
currently approved are available on OGE's website, www.oge.gov.
Electronic copies of these documents may also be obtained, without
charge, by contacting Ms. Matis.
SUPPLEMENTARY INFORMATION:
Title: Executive Branch Qualified Trust Documents.
OMB Control Number: 3209-0007.
Type of Information Collection: Revision of a currently approved
collection.
[[Page 50450]]
Type of Review Request: Regular.
Respondents: Any current or prospective executive branch officials
who seek to establish or have established a qualified blind or
diversified trust under the Ethics in Government Act of 1978 as a means
to avoid conflicts of interest while in office.
Estimated Average Annual Number of Respondents: 2.
Total Estimated Time per Response: 20 minutes to 100 hours (see
table below for detailed explanation).
Estimated Average Total Annual Burden: 120 hours.
Abstract: OGE is the supervising ethics office for the executive
branch of the Federal Government under the Ethics in Government Act of
1978 (EIGA). Accordingly, OGE administers the qualified trust program
for the executive branch. Presidential nominees to executive branch
positions subject to Senate confirmation and any other executive branch
officials may seek OGE approval for EIGA-qualified blind or diversified
trusts as one means to be used to avoid conflicts of interest. The
requirements for EIGA-qualified blind and diversified trusts are set
forth in section 102(f) of the Ethics in Government Act, 5 U.S.C. app.
Sec. 102(f), and OGE's implementing financial disclosure regulations
at subpart D of 5 CFR part 2634.
In order to ensure that all applicable requirements are met, OGE is
the sponsoring agency for 12 model certificates and model trust
documents for qualified blind and diversified trusts. See 5 CFR
2634.402(e)(3), 2634.402(f)(3), 2634.404(e)-(g), 2634.405(d)(2),
2634.407(a); 2634.408(b)(1)-(3), 2634.408(d)(4), 2634.409, and
2634.414. The various model certificates and model trust documents are
utilized by settlors, trustees, and other fiduciaries in establishing
and administering these qualified trusts. OGE plans to submit these
model certificates and model trust documents (described in detail in
the table below) to OMB for renewed approval pursuant to the Paperwork
Reduction Act of 1995, 44 U.S.C. chapter 35.
The 12 model documents, along with their burden estimates, are as
follows:
------------------------------------------------------------------------
Model qualified trust documents Estimated burden
------------------------------------------------------------------------
(A) Blind Trust Communications (Expedited 20 minutes per
Procedure for Securing Approval of communication.
Proposed Communications).
(B) Model Qualified Blind Trust Provisions 100 hours per model.
(C) Model Qualified Diversified Trust 100 hours per model.
Provisions.
(D) Model Qualified Diversified Trust 100 hours per model.
Provisions (For Use in the Case of
Multiple Fiduciaries).
(E) Model Qualified Blind Trust Provisions 100 hours per model.
(For Use in the Case of an Irrevocable
Pre-Existing Trust).
(F) Hybrid Version of the Model Qualified 100 hours per model.
Diversified Trust Provisions.
(G) Model Qualified Blind Trust Provisions 100 hours per model.
(For Use in the Case of Multiple
Fiduciaries).
(H) Model Qualified Diversified Trust 100 hours per model.
Provisions (For Use in the Case of an
Irrevocable Pre-Existing Trust).
(I) Model Confidentiality Agreement 2 hours per agreement.
Provisions (For Use in the Case of a
Privately Owned Business).
(J) Model Confidentiality Agreement 2 hours per agreement.
Provisions (For Use in the Case of
Investment Management Activities).
------------------------------------------------------------------------
------------------------------------------------------------------------
Model trust certificates Estimated burden
------------------------------------------------------------------------
(K) Certificate of Independence........... 20 minutes per certificate.
(L) Certificate of Compliance............. 20 minutes per certificate.
------------------------------------------------------------------------
These estimates are based on the amount of time imposed on
professional trust administrators or private representatives. OGE notes
that only one set of the various model trust provisions (items (B)
through (H)) will be prepared for a single qualified trust, and only
prior to the establishment of that qualified trust. Likewise, other
model documents listed above are used in connection with establishing
the qualified trust (items (I), (J), and (K)). The remaining model
documents are used after the trust's creation (items (A) and (L)).
Accordingly, OGE notes that the majority of the time burden for any
given trust is imposed during the creation of the trust.
At the present time, there are no active qualified trusts in the
executive branch. However, OGE anticipates possible limited use of
these model documents during the forthcoming three-year period. OGE
estimates that there may be an average of one individual per year who
initiates a qualified trust using these model documents during calendar
years 2020 through 2022. OGE has accordingly estimated the average
annual number of respondents to be two, which represents one respondent
establishing a qualified trust and one respondent maintaining a
previously established qualified trust. Based on the above, OGE
estimates an average annual time burden during the next three years of
120 hours. Using an estimated rate of $300 per hour for the services of
a professional trust administrator or private representative, the
estimated annual cost burden is $36,000.
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). Therefore, OGE intends to submit,
after this first round notice and comment period, all 12 qualified
trust model certificates and model documents described above (all of
which are included under OMB paperwork control number 3209-0007) for a
three-year extension of approval. At that time, OGE will publish a
second notice in the Federal Register to inform the public and the
agencies.
OGE is committed to making ethics records publicly available to the
extent possible. The communications documents and the confidentiality
agreements (items (A), (I) and (J) on the table above), once completed,
will not be available to the public because they contain sensitive,
confidential information. The other completed certificates and
documents (except for any trust provisions that relate to the
testamentary disposition of trust assets) are retained and made
publicly available based upon a proper request under section 105 of the
EIGA until the periods for retention of all other reports (usually the
OGE Form 278 Public Financial Disclosure Reports) of the individual
establishing the trust have lapsed (generally six years after the
filing of the last report). See 5 U.S.C. app. 105; 5 CFR
2634.603(g)(2). The information collected with these model trust
certificates and model trust documents is part of the OGE/GOVT-1
Governmentwide Privacy Act system of records.
In seeking an extension of approval, OGE is proposing several
nonsubstantive changes to the 12
[[Page 50451]]
qualified trust certificates and model documents.
First, OGE proposes removing all references to Appendices A and B
of 5 CFR part 2634 because these references are no longer applicable.
The appendices, which contained the model Certificate of Independence
and model Certificate of Compliance (items (K) and (L), respectively,
on the table above), were eliminated as part of recent changes made by
OGE to the Executive Branch Financial Disclosure, Qualified Trusts, and
Certificates of Divestiture regulation at 5 CFR part 2634. The changes
went into effect on January 1, 2019. The information previously found
in Appendix B is available on www.oge.gov.
Second, OGE proposes removing all references to facsimile as the
best means of communication and replacing it with email.
Third, with regard to the model communications (item (A) in the
table above), OGE proposes to update the dates in the sample documents
to make them more contemporary.
Fourth, OGE proposes to add one sentence to the Privacy Act
statements to better notify users of the consequences of not providing
the requested information.
Fifth, OGE proposes to make a few minor formatting corrections and
to fix a typographical error in the Privacy Act statements.
Request for Comments: Agency and public comment is 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 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.
Approved: September 20, 2019.
Emory Rounds,
Director, Office of Government Ethics.
[FR Doc. 2019-20774 Filed 9-24-19; 8:45 am]
BILLING CODE 6345-03-P
