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 Report" submitted
("Substitute Disclosure Report") is a substitute for OGE Form 450,
which ACUS non-government 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 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 was 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
meetings of the full membership. In September 2010, ACUS received
emergency approval for a 6-month period so that there would 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. Approval of both a paper and
an online version was granted subsequently through May 31, 2014.
ACUS now seeks approval for use of both versions of the substitute
form for a renewal period of 3 years. The form now submitted is
essentially unchanged other than a clarification that it is to be
used by non-government non-statutory participants in ACUS meetings,
as well as the 45 statutory non-government members. Also,
subsequent to approval of the form in 2011 by OMB, OGE clarified
its opinion and stated that submission of the form would be
required only in connection with meetings of the full ACUS
membership and not for meetings of ACUS committees. Therefore, the
form will no longer ask for the name of the member's committee, and
the average number of required filings per year will be reduced
from 6 to 2. 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 non-government individuals in these categories
who are 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.
US Code:
5 USC App. 107 Name of Law: Ethics in Government Act
Subsequent to approval of this
form in 2011 by OMB, the Office of Government Ethics clarified its
opinion approving use of this substitute form, and stated that
submission would be required only in connection with meetings of
the full ACUS membership and not for meetings of ACUS committees.
Therefore, the average number of required filings per year will be
reduced from 6 to 2.
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:
(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;
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.
Form ACUS Form 1W Substitute Confidential Employment and Financial Disclosure
PRA Disclosure Form -- Supporting Statement 5-8-2014.pdf
Substitute Confidential Employment and Financial Disclosure