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.
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