The U.S. Office of Government Ethics (OGE) is the supervising ethics office for the executive branch under the Ethics in Government Act of 1978 (EIGA). On May 25, 2023, OGE published a rule to establish a framework to govern an executive branch employeeâs acceptance of payments for legal expenses through a Legal Expense Fund (LEF) or the provision of pro bono legal services for matters arising in connection with the employeeâs past or current official position, the employeeâs prior position on a campaign of a candidate for President or Vice President, or the employeeâs prior position on a Presidential Transition Team (LEF regulation). The requirements for establishing and maintaining a LEF are found in 5 CFR part 2635, subpart J.
In fulfilling the regulatory requirements, employee beneficiaries of a LEF must first submit a trust document for approval by their employing agency, and in some cases by OGE. The LEF funds must be administered by an independent trustee. Employee beneficiaries (or their trustees, acting on their behalf) must also submit quarterly and termination reports regarding the funds collected and disbursed by the legal expense fund. Information for these reports will in turn be collected from (1) donors who contribute to the legal expense fund for the payment of legal expenses and (2) payees who receive payments distributed from the legal expense fund. Together, this information collection (IC) is titled âOGE Legal Expense Fund Information Collection.â
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.