Agency information collection activities: Proposed collection; comment request,

[Federal Register: September 8, 1998 (Volume 63, Number 173)]

[Notices]

[Page 47542-47543]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr08se98-113]

OFFICE OF SPECIAL COUNSEL

Agency Information Collection Activities: Proposed Collections; Comment Request

AGENCY: U.S. Office of Special Counsel.

ACTION: Notice.

SUMMARY: The U.S. Office of Special Counsel (OSC) announces an opportunity for public comment on proposed collections of certain information by the agency. Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520), federal agencies are required to publish notice in the Federal Register about each proposed collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on three forms to be used in implementing an annual OSC survey requirement enacted by Pub. L. 103- 424.

DATES: Submit written comments on each collection of information by November 9, 1998.

ADDRESSES: Submit written comments on each collection of information to Erin M. McDonnell, Associate Special Counsel for Planning and Advice, U.S. Office of Special Counsel, 1730 M Street, NW, Suite 300, Washington, DC 20036-4505.

FOR FURTHER INFORMATION CONTACT: Requests for further information, including copies of the proposed collections of information, may be addressed to: Erin M. McDonnell, Associate Special Counsel for Planning and Advice, U.S. Office of Special Counsel, 1730 M Street, NW, Suite 300, Washington, DC 20036-4505, fax: (202) 653-5151.

SUPPLEMENTARY INFORMATION: Under the PRA, federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information that they conduct or sponsor. The term ``collection of information'' is defined at 44 U.S.C. 3502(3) and 5 CFR 1320.3(c), and includes written surveys. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires federal agencies to provide a 60-day notice in the Federal Register about each proposed collection of information, before submitting the collection(s) to OMB for approval. To comply with this requirement, OSC is publishing notice of the proposed collections of information discussed further below.

The OSC is an independent agency responsible for (1) investigation of allegations of prohibited personnel practices defined by law at 5 U.S.C. 2302(b), and certain other illegal employment practices under titles 5 and 38 of the U.S. Code, affecting current or former federal employees or applicants for employment, and covered state and local government employees; (2) the interpretation and enforcement of Hatch Act provisions on political activity in Chapters 15 and 73 of title 5 of the U.S. Code; and (3) the provision of a secure channel through which federal employees may make disclosures of information evidencing violations of law, rule or regulation, gross waste of funds, gross mismanagement, abuse of authority, or a substantial and specific danger to public health or safety.

Section 13 of Pub. L. 103-424, enacted in 1994, required OSC, after consultation with the Office of Policy and Evaluation at the U.S. Merit Systems Protection Board (MSPB), to conduct annual surveys of individuals seeking OSC assistance, and to report on survey results in OSC's annual reports to Congress. Sec. 13 provides that annual surveys shall determine: (1) Whether individuals seeking assistance were fully apprised of their rights; (2) whether individuals were successful at the OSC or the MSPB; and (3) if individuals, whether successful or not, were satisfied with the treatment received from the OSC.

After consultation with the MSPB, OSC obtained OMB clearance under the PRA to use three survey forms, one for each category of individuals seeking the agency's assistance--i.e., persons whose allegations of prohibited personnel practices and other violations of law within OSC's jurisdiction were investigated and closed, with or without corrective or disciplinary action; individuals who received written OSC advisory opinions about allowable and unallowable political activity under the Hatch Act; and individuals whose disclosures of possible wrongdoing by federal agencies were acted on by the OSC Disclosure Unit. The OSC sent surveys to individuals in these three categories, and reported on the results in its annual reports to Congress.

Since expiration of the OMB clearance in 1997, the OSC has modified the survey forms to focus more clearly on customer service issues, to elicit information that would place responses to the questions enumerated in the statute in a more meaningful context, and provide a clearer context for responses received to other questions. The three survey formats, as revised, are proposed for use in surveying persons whose matters were closed, or who received written Hatch Act advisory opinions, between fiscal years (FY) 1998-2000. As before, survey responses will be voluntary, will not solicit information required by law or regulation, and will be able to be submitted without personal identification if the respondent so chooses.

With respect to the following proposed collections of information, OSC invites comments on: (1) Whether they are necessary for the proper performance of OSC's functions, including whether the information will have practical utility; (2) the accuracy of OSC's estimate of the burden of the proposed collections of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of collection of information on respondents, including through the use of automated information collection techniques, when appropriate, and other forms of information technology:

1. OSC Form 48a (Prohibited Personnel Practice/Related Matters).

2. OSC Form 48b (Hatch Act Advisory Opinions).

3. OSC Form 48c (Whistleblower Disclosure Matters).

The OSC estimates that the burden of these collections of information will be as follows:

[[Page 47543]]

11. OSC Form 48a (Prohibited Personnel Practice/Related Matters)

1998: 2385 complainants in closed matters x 20 mins. = 811 hrs.

1999: 2648 complainants in closed matters x 20 mins. = 901 hrs.

2000: 2940 complainants in closed matters x 20 mins. = 1000 hrs. 2. OSC Form 48b (Hatch Act Advisory Opinions)

1998: 116 recipients of written advisory opinions x 12 mins. = 24 hrs.

1999: 129 recipients of written advisory opinions x 12 mins. = 26 hrs.

2000: 142 recipients of written advisory opinions x 12 mins. = 29 hrs. 13. OSC Form 48c (Whistleblower Disclosure Matters)

1998: 161 submitters in closed disclosure matters x 15 mins. = 41 hrs.

1999: 178 submitters in closed disclosure matters x 15 mins. = 45 hrs.

2000: 196 submitters in closed disclosure matters x 15 mins. = 49 hrs.

These estimates are derived from projected increases in the number of matters closed and opinions issued between FY 1998-2000, based on FY 1997 totals. Burden means the value of time, effort, and financial resources expended by persons to generate, maintain, retain, disclose or provide information to or for a federal agency. The term includes reviewing instructions; searching data sources; collecting data; completing and reviewing information collections; and transmitting or otherwise disclosing information.

Dated: August 24, 1998. Elaine D. Kaplan, Special Counsel.

[FR Doc. 98-24028Filed9-4-98; 8:45 am]

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