Notice2025-10211
Agency Information Collection Activities; Information Collection Renewal; Comment Request for Qualified Trust Model Certificates and Model Trust Documents
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 5, 2025
Issuing agencies
Government Ethics Office
Abstract
After this first round notice and public comment period, the U.S. Office of Government Ethics (OGE) plans to request that the Office of Management and Budget (PMB) renew its approval under the Paperwork Reduction Act for an existing information collection consisting of twelve model certificates and model documents for qualified trusts.
Full Text
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<title>Federal Register, Volume 90 Issue 107 (Thursday, June 5, 2025)</title>
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[Federal Register Volume 90, Number 107 (Thursday, June 5, 2025)]
[Notices]
[Pages 23935-23937]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-10211]
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OFFICE OF GOVERNMENT ETHICS
Agency Information Collection Activities; Information Collection
Renewal; Comment Request for Qualified Trust Model Certificates and
Model Trust Documents
AGENCY: Office of Government Ethics (OGE).
ACTION: Notice of request for agency and public comments.
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SUMMARY: After this first round notice and public comment period, the
U.S. Office of Government Ethics (OGE) plans to request that the Office
of
[[Page 23936]]
Management and Budget (PMB) renew its approval under the Paperwork
Reduction Act for an existing information collection consisting of
twelve model certificates and model documents for qualified trusts.
DATES: Written comments by the public and the agencies on this proposed
extension are invited and must be received on or before August 4, 2025.
ADDRESSES: Comments may be submitted to OGE by any of the following
methods:
Email: <a href="/cdn-cgi/l/email-protection#d3a6a0bcb4b693bcb4b6fdb4bca5"><span class="__cf_email__" data-cfemail="780d0b171f1d38171f1d561f170e">[email protected]</span></a> (Include reference to ``OGE qualified trust
model certificates and model trust documents paperwork comment'' in the
subject line of the message.)
Mail: Office of Government Ethics, 250 E Street SW, Suite 750,
Attention: Jennifer Matis, Associate Counsel, Washington, DC 20005-
3917.
Instructions: Comments may be posted on OGE's website, <a href="http://www.oge.gov">www.oge.gov</a>.
Sensitive personal information, such as account numbers or Social
Security numbers, should not be included. Comments generally will not
be edited to remove any identifying or contact information.
FOR FURTHER INFORMATION CONTACT: Jennifer Matis at the U.S. Office of
Government Ethics; telephone: 202-482-9216; TTY: 800-877-8339; Email:
<a href="/cdn-cgi/l/email-protection#e68c8b87928f95a6898183c8818990"><span class="__cf_email__" data-cfemail="23494e42574a50634c44460d444c55">[email protected]</span></a>. Copies of the model documents as currently approved are
available on OGE's website, <a href="http://www.oge.gov">www.oge.gov</a>.
SUPPLEMENTARY INFORMATION:
Title: Executive Branch Qualified Trust Documents.
Type of Information Collection: Extension of a currently approved
collection.
Type of Review Request: Regular.
Respondents: Any current or prospective executive branch officials
who seek to establish or have established a qualified blind or
diversified trust under the Ethics in Government Act of 1978 to avoid
conflicts of interest while in office.
Estimated Average Annual Number of Respondents: 2.
Total Estimated Time per Response: 20 minutes to 100 hours (see
table below for detailed explanation).
Estimated Average Total Annual Burden: 120 hours.
OMB Control Number: 3209-0007.
Abstract: OGE is the supervising ethics office for the executive
branch of the Federal Government under the Ethics in Government Act of
1978 (EIGA). Accordingly, OGE administers the qualified trust program
for the executive branch. Presidential nominees to executive branch
positions subject to Senate confirmation and any other executive branch
officials may seek OGE approval for EIGA-qualified blind or diversified
trusts as one means to avoid conflicts of interest. The requirements
for EIGA-qualified blind and diversified trusts are set forth in
section 13104(f) of the Ethics in Government Act, 5 U.S.C. 13104(f),
and OGE's implementing financial disclosure regulations at subpart D of
5 CFR part 2634.
In order to ensure that all applicable requirements are met, OGE is
the sponsoring agency for twelve model certificates and model trust
documents for qualified blind and diversified trusts. See 5 CFR
2634.402(e)(3), 2634.402(f)(3), 2634.404(e) through (g),
2634.405(d)(2), 2634.407(a); 2634.408(b)(1) through (3),
2634.408(d)(4), 2634.409, and 2634.414. The various model certificates
and model trust documents are used by settlors, trustees, and other
fiduciaries in establishing and administering these qualified trusts.
OGE plans to submit these model certificates and model trust documents
(described in detail in the table below) to OMB for renewed approval
pursuant to the Paperwork Reduction Act of 1995, 44 U.S.C. chapter 35.
The twelve model documents, along with their burden estimates, are
as follows:
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Model qualified trust documents Estimated burden
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(A) Blind Trust Communications (Expedited 20 minutes per
Procedure for Securing Approval of Proposed communication.
Communications).
(B) Model Qualified Blind Trust Provisions...... 100 hours per model.
(C) Model Qualified Diversified Trust Provisions 100 hours per model.
(D) Model Qualified Diversified Trust Provisions 100 hours per model.
(For Use in the Case of Multiple Fiduciaries).
(E) Model Qualified Blind Trust Provisions (For 100 hours per model.
Use in the Case of an Irrevocable Pre-Existing
Trust).
(F) Hybrid Version of the Model Qualified 100 hours per model.
Diversified Trust Provisions.
(G) Model Qualified Blind Trust Provisions (For 100 hours per model.
Use in the Case of Multiple Fiduciaries).
(H) Model Qualified Diversified Trust Provisions 100 hours per model.
(For Use in the Case of an Irrevocable Pre-
Existing Trust).
(I) Model Confidentiality Agreement Provisions 2 hours per agreement.
(For Use in the Case of a Privately Owned
Business).
(J) Model Confidentiality Agreement Provisions 2 hours per agreement.
(For Use in the Case of Investment Management
Activities).
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Model Trust Certificates
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(K) Certificate of Independence................. 20 minutes per
certificate.
(L) Certificate of Compliance................... 20 minutes per
certificate.
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These estimates are based on the amount of time imposed on
professional trust administrators or private representatives. OGE notes
that only one set of the various model trust provisions (items (B)
through (H)) will be prepared for a single qualified trust, and only
prior to the establishment of that qualified trust. Likewise, other
model documents listed above are used in connection with establishing
the qualified trust (items (I), (J), and (K)). The remaining model
documents are used after the trust's creation (items (A) and (L)).
Accordingly, OGE notes that the majority of the time burden for any
given trust is imposed during the creation of the trust.
At the present time, there are no active qualified trusts in the
executive branch. However, OGE anticipates possible limited use of
these model documents during the forthcoming three-year period. OGE
estimates that there may be an average of one individual per year who
initiates a qualified trust using these model documents during calendar
years 2026 through 2028. OGE has accordingly estimated the average
annual number of respondents to be two, which represents one respondent
establishing a qualified trust and one respondent maintaining a
previously established qualified trust. Based on the above, OGE
estimates an average annual time burden during the next three years of
120 hours. Using an estimated rate of $300 per hour for the services of
a professional trust administrator or private representative, the
estimated annual cost burden is $36,000.
[[Page 23937]]
Under OMB's implementing regulations for the Paperwork Reduction
Act, any recordkeeping, reporting, or disclosure requirement contained
in a rule of general applicability is deemed to involve ten or more
persons. See 5 CFR 1320.3(c)(4)(i). OGE intends to submit all twelve
qualified trust model certificates and model documents described above
(all of which are included under OMB paperwork control number 3209-
0007) for a three-year extension of approval without modification.
Request for Comments: Agency and public comments are invited
specifically on the need for and practical utility of this information
collection, on the accuracy of OGE's burden estimate, on the
enhancement of quality, utility, and clarity of the information
collected, and on minimizing the burden to the public. Comments
received in response to this notice will be summarized for, and may be
included with, the OGE request for extension of OMB approval. The
comments will also become a matter of public record.
Specifically, OGE seeks public comment on the following:
<bullet> Do the model qualified blind trusts provide sufficient
direction to establish a trust under the Qualified Trust Program? If
not, what provisions could be clearer or what language should be
changed?
<bullet> Do the model qualified diversified trusts provide
sufficient direction to establish a trust under the Qualified Trust
Program? If not, what provisions could be clearer or what language
should be changed?
<bullet> Do the Additional Trust Documents provide sufficient
information for individuals to comply with the logistical requirements
(e.g., procedure for securing approval of proposed communications) of
the Qualified Trust Program? If not, what provisions could be clearer
or what language should be changed?
Approved: May 28, 2025.
Shelley K. Finlayson,
Chief of Staff and Program Counsel, Office of Government Ethics.
[FR Doc. 2025-10211 Filed 6-4-25; 8:45 am]
BILLING CODE 6345-04-P
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