Notice2026-10772
Agency Information Collection Activities; Information Collection Renewal; Comment Request for Legal Expense Fund Information Collection
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
May 29, 2026
Issuing agencies
Government Ethics Office
Abstract
After publication of this second-round notice, the U.S. Office of Government Ethics (OGE) plans to submit a proposed modified OGE Legal Expense Fund Information Collection for review and approval of a three-year extension under the Paperwork Reduction Act of 1995. The information collection relates to OGE's Legal Expense Fund regulation at 5 CFR part 2635, subpart J.
Full Text
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<title>Federal Register, Volume 91 Issue 103 (Friday, May 29, 2026)</title>
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[Federal Register Volume 91, Number 103 (Friday, May 29, 2026)]
[Notices]
[Pages 32050-32052]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10772]
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OFFICE OF GOVERNMENT ETHICS
Agency Information Collection Activities; Information Collection
Renewal; Comment Request for Legal Expense Fund Information Collection
AGENCY: Office of Government Ethics (OGE).
ACTION: Notice of request for agency and public comments.
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SUMMARY: After publication of this second-round notice, the U.S. Office
of Government Ethics (OGE) plans to submit a proposed modified OGE
Legal Expense Fund Information Collection for review and approval of a
three-year extension under the Paperwork Reduction Act of 1995. The
information collection relates to OGE's Legal Expense Fund regulation
at 5 CFR part 2635, subpart J.
DATES: Written comments by the public and agencies on this proposed
extension are invited and must be received by June 29, 2026.
ADDRESSES: Submit written comments and recommendations for the proposed
information collection within 30 days of publication of this notice to
<a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find and comment on this particular
information collection by using the ``Select Agency'' drop-down menu
under the ``Currently Under Review'' section to locate ``Office of
Government Ethics,'' click the ``Submit'' button, and then click the
``Comment'' button. Alternatively, click the ``Currently under Review--
Open for Public Comments'' link, locate the information on the page
related to OMB Control Number 3209-0012, and click the ``Comment''
button to the right of such information.
FOR FURTHER INFORMATION CONTACT: McEvan Baum at the U.S. Office of
Government Ethics; telephone: 202-482-9287; TTY: 800-877-8339; Email:
<a href="/cdn-cgi/l/email-protection#9feaecf0f8fadff0f8fab1f8f0e9"><span class="__cf_email__" data-cfemail="6f1a1c00080a2f00080a41080019">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Title: OGE Legal Expense Fund Information Collection.
Type of Information Collection: Extension with modifications of a
currently approved collection.
Type of Review Request: Regular.
Respondents: Current executive branch employees (and/or their
representatives) seeking to accept payments for legal expenses from a
legal expense fund or the provision of pro bono legal services for
matters arising in connection with the employee's past or current
official position, the employee's prior position on a campaign of a
candidate for President or Vice President, or the employee's prior
position on a Presidential Transition Team; legal expense fund
trustees.
Estimated Average Annual Number of Responses: 133.
Total Estimated Time per Response: 5 minutes to 20 hours (see table
below for detailed explanation).
Estimated Average Total Annual Burden: 109.2 hours.
OMB Control Number: 3209-0012.
Abstract: On May 25, 2023, OGE published a final rule establishing
a framework to govern an executive branch employee's acceptance of
payments for legal expenses through a Legal Expense Fund (LEF) for
matters arising in connection with the employee's official position,
the employee's prior position on a campaign of a candidate for
President or Vice President, or the employee's prior position on a
Presidential Transition Team. The requirements for establishing and
maintaining an LEF are found in 5 CFR part 2635, subpart J (LEF
regulation).
The LEF regulation requires that employees who wish to establish a
legal expense fund do so through a trust with a single, named employee
beneficiary and a trustee. It also requires an employee beneficiary to
file quarterly
[[Page 32051]]
reports that include information (1) regarding members of the public
who make financial donations to help pay for the employee beneficiary's
legal expenses (donors) and (2) members of the public who receive
payments from a legal expense fund (payees). The employee beneficiary
must also file a termination report upon the termination of the trust
and/or executive branch employment. The trust documents, quarterly
reports, and termination reports will be posted directly on OGE's
website in accordance with 5 CFR 2635.1007(g).
To ensure that all applicable requirements regarding the
information collection are met, OGE developed three instruments. First,
OGE created the document titled, ``Model Legal Expense Fund Trust
Provisions,'' to assist with the drafting of the trust document
(instrument 1). Second, OGE created the Executive Branch Legal Expense
Fund Quarterly Report (OGE Form 601) to be used for quarterly and
termination reports (instrument 2). Third, OGE created a guidance
document titled ``Legal Expense Fund Trustee's Guide for Information
Collection Compliance,'' which sets forth the requirements for
collecting information related to donors and payees (instrument 3).
Together, this information collection (IC) is titled ``OGE Legal
Expense Fund Information Collection.''
The IC was approved by OMB and assigned OMB Control Number 3209-
0012 on July 21, 2023.
The following table estimates the total annual burden resulting
from the OGE Legal Expense Fund Information Collection.
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Number of
Instrument Time per response annual Total burden
responses (hours)
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Trust Document................................ 20 hours........................ 3 60
Quarterly and Termination Reports (beneficiary 2 hours......................... 20 40
burden).
Quarterly and Termination Reports (donor and 5 minutes....................... 110 9.2
payee burden).
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Total..................................... ................................ .............. 109.2
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OGE estimates that there will be approximately three new legal
expense funds filed each year. It is anticipated that there may be an
average of five legal expense fund trusts in existence each year. Each
trust is anticipated to have approximately 20 donors, whose reporting
requirements are tied to the frequency with which they donate, and
approximately two payees, who will submit information each time they
receive a distribution. The burden for collecting this information from
donors and payees is on the trustees. These estimates are based in part
on OGE's knowledge of several legal expense funds that have been
established for executive branch employees, as well as OGE's
consultation with the U.S. House of Representatives and the U.S. Senate
regarding the legal expense funds that they oversee.
Based on the above, OGE estimates an average annual time burden
during the next three years of 109.2 hours. Using an estimated rate of
$340 per hour for the services of a professional trustee or private
representative, the estimated annual cost burden is $37,128.
Under OMB's implementing regulations for the Paperwork Reduction
Act, any recordkeeping, reporting, or disclosure requirement contained
in a rule of general applicability is deemed to involve ten or more
persons. See 5 CFR 1320.3(c)(4)(i).
OGE plans to submit the instruments described above to OMB for a
three-year extension of approval with modifications, pursuant to the
Paperwork Reduction Act of 1995, 44 U.S.C. chapter 35.
A Federal Register Notice with a 60-day comment period soliciting
comments on this information collection was published on December 18,
2025 (90 FR 59122). OGE received one set of comments containing several
recommendations. OGE appreciates the feedback and considered each
recommendation. OGE accepted recommendations that it believes will
increase clarity and visibility of the reporting requirements. OGE
declined to adopt other recommendations because it reached a different
conclusion than the commenter regarding the sufficiency of the existing
language and its location on the Executive Branch Legal Expense Fund
Quarterly Report (OGE Form 601), the recommendations could create
confusion, or because OGE opted to use alternative language to maintain
consistency both within the OGE Form 601 and with the LEF Regulation.
Proposed Changes to the OGE Form 601
<bullet> Adding bolded text to the ``Instructions for Completing
Part 2 of the OGE Form 601: Distributions'' section on page two,
stating ``[d]o not report information protected by attorney-client
privilege.''
<bullet> Correcting minor typographical errors.
To view a draft of the OGE Form 601 with proposed changes, visit the
download link at https://www.oge.gov/web/OGE.nsf/0/
8E30F3AD5633656585258DDB006946FA/$FILE/OGE%20Form%20601%20-
%20LEF%20Quarterly%20Report%20Form%20-
%20Version%20for%20renewal%20DRAFT.pdf
To view the currently approved instruments, visit the download
links below.
<bullet> Model Legal Expense Fund Trust Provisions--https://
www.oge.gov/web/OGE.nsf/0/584EB3EA9341202185258A0E0060F950/$FILE/
FINAL%20APPROVED%20MODEL%20LEGAL%20EXPENSE%20FUND%20TRUST%20PROVISIONS.d
ocx
<bullet> OGE Form 601--https://www.oge.gov/web/OGE.nsf/0/
36A4A23FFADB37E685258A0E0060C896/$FILE/
FINAL%20APPROVED%20LEF%20Quarterly%20Report%20Form%20For%20Posting.pdf
<bullet> Legal Expense Fund Trustee's Guide for Information Collection
Compliance (at numbered pages 15-18)--https://www.oge.gov/web/OGE.nsf/
0/FD48C4B7CB5C9A3F85258A160078D0B4/$FILE/
Handbook%20for%20Legal%20Expense%20Fund%20Trustees%20(2023).pdf
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
[[Page 32052]]
comments will also become a matter of public record.
Specifically, OGE seeks public comment on the following:
1. What problems do you have using the OGE Form 601?
2. Are any sections of the OGE Form 601 or its instructions
unclear?
3. Is there information provided that is confusing?
4. What additional information would be helpful?
5. Is it clear from the OGE Form 601 that the filing requirement
begins once a Legal Expense Fund is approved under Subpart J of 5 CFR
part 2635, regardless of whether a reportable contribution or
distribution is made during a reporting period?
Authority: 44 U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1); 5 CFR part
2635, subpart J.
Approved: May 26, 2026.
James Cooper,
Chief Information Officer, Office of Government Ethics.
[FR Doc. 2026-10772 Filed 5-28-26; 8:45 am]
BILLING CODE 6345-04-P
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