Substitute Confidential Employment and Financial Disclosure

Forms and Documents

Document Name	Status
Form ACUS Form 1 Substitute Confidential Employment and Financial Disclosure Form	Modified
PRA Disclosure Form -- Supporting Statement.doc Supporting Statement A	2010-09-16

IC Document Collections

IC ID	Document Title	Status
42238	Substitute Confidential Employment and Financial Disclosure Form	Modified

ICR Details

OMB Control No: 3002-0003	ICR Reference No: 201008-3002-001
Status: Historical Active	Previous ICR Reference No: 199603-3002-001
Agency/Subagency: ACUS	Agency Tracking No:
Title: Substitute Confidential Employment and Financial Disclosure
Type of Information Collection: Reinstatement with change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 09/16/2010
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/16/2010
	Date Received in OIRA: 09/16/2010
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2011	6 Months From Approved
Responses	540	0	0
Time Burden (Hours)	135	0	0
Cost Burden (Dollars)	0	0	0

---

Abstract: The Administrative Conference of the United States (ACUS) is charged with developing recommendations for the improvement of Federal administrative procedures (5 USC 591). Its recommendations are the product of a research process overseen by a small staff, but ultimately adopted by a membership of 101 experts, including approximately 45 non-government members -- 5 Council members and up to 40 others (5 USC 593(b) and 5 USC 595(b)). These individuals are deemed to be "special government employees" within the meaning of 18 USC 202(a) and, therefore, are subject to confidential financial disclosure requirements of the Ethics in Government Act (5 USC App. 107) and regulations of the Office of Government Ethics (OGE). The ACUS “Substitute Confidential Employment and Financial Disclosure” form submitted (“Substitute Disclosure Form”) is a substitute for OGE Standard Form 450, which ACUS members would otherwise be required to file. At the time the agency's funding was terminated in 1995, ACUS was authorized to use for this purpose a simplified form that was a substitute for OGE Standard Form 450. The simplified substitute form was approved by OGE following a determination by the ACUS Chairman, pursuant to 5 CFR 2634.905(a), that greater disclosure is not required because the limited nature of the agency's authority makes very remote the possibility that a real or apparent conflict of interest will occur. In 1994, ACUS received PRA approval for this simplified substitute form. ACUS has now been re-established in 2010, and OGE has renewed its approval for this simplified substitute form, which ACUS must provide to its non-government members in advance of membership meetings. Such meetings and related activities will resume as soon as possible. ACUS requests emergency approval so that there will be no delay in commencing the committee and Conference activities of the non-government members necessary to the implementation of its statutory responsibilities to identify and recommend improvements of Federal administrative procedures. In addition to the non-government members, the Chairman, with the approval of the Council, may appoint additional persons in various categories, for participation in Conference activities, but without voting privileges. These categories include senior fellows, special counsels, and liaison representatives. The estimated number of such individuals required to submit this form at any particular time is approximately 45. Submitted forms will be reviewed to determine any conflicts of interest, as necessary, by the Chairman or the agency’s Designated Ethics Official, and will be kept in a confidential file with limited access.

Emergency Justfication: The Administrative Conference of the United States (ACUS) is charged with developing recommendations for the improvement of Federal administrative procedures. Its recommendations are the product of a research process overseen by a small staff, but ultimately adopted by a membership of 101 experts, including approximately 45 non-government members. These individuals are deemed to be "special government employees" within the meaning of 18 USC 202(a) and, therefore, are subject to confidential financial disclosure requirements of the Ethics in Government Act and regulations of the Office of Government Ethics (OGE). At the time the agency's funding was terminated in 1995, ACUS was authorized to use for this purpose a simplified form that was a substitute for OGE Standard Form 450. The simplified substitute form was approved by OGE following a determination by the ACUS Chairman that greater disclosure is not required because the limited nature of the agency's authority makes very remote the possibility that a real or apparent conflict of interest will occur. In 1994, ACUS received PRA approval for this simplified substitute form. ACUS has now been re-established in 2010, and OGE has renewed its approval for this simplified substitute form, which ACUS must provide to its members in advance of membership meetings. Such meetings and related activities will resume as soon as possible. ACUS requests emergency approval so that there will be no delay in commencing the committee and Conference activities of the non-government members necessary to the implementation of its statutory responsibilities to identify and recommend improvements of Federal administrative procedures.

---

Authorizing Statute(s): US Code: 5 USC App. 107 Name of Law: Ethics in Government Act
  

Citations for New Statutory Requirements: US Code: 5 USC 596 Name of Law: null

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Substitute Confidential Employment and Financial Disclosure	ACUS Form 1	ACUS Public Member Confidential Employment and Financial Disclosure Report

---

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	540	0	540	-100	0	100
Annual Time Burden (Hours)	135	0	135	-29	0	29
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: The collection was allowed to expire because of termination of funding for the agency in 1995. The agency was re-established in 2010.

---

Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 09/16/2010

---