Executive Branch Financial Disclosure and Standards of Ethical Conduct Regulations, 36715-36717 [2020-12357]
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36715
Rules and Regulations
Federal Register
Vol. 85, No. 118
Thursday, June 18, 2020
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
OFFICE OF GOVERNMENT ETHICS
5 CFR Parts 2634 and 2635
RIN 3209–AA52
Executive Branch Financial Disclosure
and Standards of Ethical Conduct
Regulations
AGENCY:
Office of Government Ethics.
Final rule; technical
amendments.
ACTION:
The U.S. Office of
Government Ethics (OGE) is updating its
executive branch regulation on financial
disclosure to reflect the retroactive
statutory increase of the reporting
thresholds for gifts and travel
reimbursements. OGE is also updating
the executive branchwide standards of
ethical conduct regulation to raise the
widely attended gatherings nonsponsor
gifts exception dollar ceiling tied to
these thresholds. This change is not
retroactive.
SUMMARY:
DATES:
Effective date: This final rule is
effective June 18, 2020.
Applicability date: The amendments
to 5 CFR 2634.304 and 2634.907 are
applicable as of January 1, 2020.
FOR FURTHER INFORMATION CONTACT:
Patrick J. Lightfoot, Assistant Counsel,
or Christie Chung, Assistant Counsel;
Telephone: 202–482–9300.
SUPPLEMENTARY INFORMATION:
I. Background
The U.S. Office of Government Ethics
(OGE) is amending pertinent sections of
its executive branchwide ethics
regulations on financial disclosure and
standards of ethical conduct, as codified
at 5 CFR parts 2634 and 2635, in order
to update the thresholds for gifts and
travel reimbursements, as well as the
widely attended gatherings nonsponsor
gifts exception dollar ceiling.
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16:26 Jun 17, 2020
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Increased Gifts and Travel
Reimbursements Reporting Thresholds
First, OGE is revising its executive
branch financial disclosure regulation at
5 CFR part 2634 to reflect the increased
reporting thresholds for gifts,
reimbursements, and travel expenses for
both the public and confidential
executive branch financial disclosure
systems. The increased thresholds are
applicable as of January 1, 2020. These
increases conform to the statutorily
mandated public disclosure reporting
thresholds under section 102(a)(2)(A)
and (B) of the Ethics in Government Act
as amended, 5 U.S.C. app. 102(a)(2)(A)
and (B), (Ethics Act) and are extended
to confidential disclosure reporting by
OGE’s regulation. Under the Ethics Act,
the gifts and travel reimbursements
reporting thresholds are tied to the
dollar amount for the ‘‘minimal value’’
threshold for foreign gifts as the General
Services Administration (GSA)
periodically redefines it.
GSA raised the ‘‘minimal value’’
amount under the Foreign Gifts and
Decorations Act, 5 U.S.C. 7342, to $415
for the three-year period 2020–2022
(from the prior level of $390) in a March
10, 2020, Federal Management
Regulation Bulletin. See Gen. Servs.
Admin., FMR B–50, Foreign Gift and
Decoration Minimal Value (2020)
(revising retroactively to January 1,
2020, the foreign gifts minimal value
definition as codified at 41 CFR 102–
42.10).
Accordingly, applicable as of that
same date, OGE is increasing the
thresholds for reporting of gifts and
travel reimbursements from any one
source in 5 CFR 2634.304 and
2634.907(g). The thresholds have been
raised to ‘‘more than $415’’ for the gifts
and travel reimbursements aggregation
thresholds and ‘‘$166 or less’’ for the de
minimis exception for gifts and travel
reimbursements that do not have to be
aggregated. As noted, these regulatory
increases implement the underlying
statutory increases effective January 1,
2020. OGE is also updating the
examples following those sections,
including appropriate adjustments to
gift values.
OGE will continue to adjust the gifts
and travel reimbursements reporting
thresholds in its part 2634 regulation in
the future as needed in light of GSA’s
redefinition of ‘‘minimal value’’ every
three years for foreign gifts purposes.
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See OGE’s prior three-year adjustment
of those regulatory reporting thresholds,
as published at 82 FR 22735 (May 18,
2017) (for 2017–2019, the aggregate
reporting thresholds were more than
$390, with a $156 or less de minimis
exception).
Increased Dollar Ceiling for the
Exception for Nonsponsor Gifts of Free
Attendance at Widely Attended
Gatherings
OGE is also increasing the exception
ceiling for nonsponsor gifts of free
attendance at widely attended
gatherings from $390 to $415 in the
executive branch standards of ethical
conduct regulation, as codified at 5 CFR
2635.204(g)(3) (and as illustrated in the
examples following paragraph (g)). This
separate regulatory change is effective
upon publication in the Federal
Register, on June 18, 2020. As OGE
noted in the preambles to the proposed
and final rules on such nonsponsor
gifts, that ceiling is tied to the financial
disclosure gifts reporting threshold. See
60 FR 31415 (June 15, 1995) and 61 FR
42965 (Aug. 20, 1996). Thus, OGE is
again increasing the nonsponsor gift
ceiling to match the further increase in
the gifts and travel reimbursements
reporting thresholds described above.
The nonsponsor gift ceiling was last
raised May 2017. See 82 FR 22735 (May
18, 2017). The other requirements for
acceptance of such nonsponsor gifts,
including an agency interest
determination and expected attendance
by more than 100 persons, remain
unchanged.
II. Matters of Regulatory Procedure
Administrative Procedure Act
Pursuant to 5 U.S.C. 553(b), as
Director of the Office of Government
Ethics, I find that good cause exists for
waiving the general notice of proposed
rulemaking and public comment
procedures as to these technical
amendments. The notice and comment
procedures are being waived because
these amendments concern matters of
agency organization, procedure and
practice. It is also in the public interest
that the accurate and up-to-date
information be contained in the affected
sections of OGE’s regulations as soon as
possible. The increase in the reporting
thresholds for gifts and reimbursements
is based on a statutory formula and
lessens the reporting burden. Therefore,
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36716
Federal Register / Vol. 85, No. 118 / Thursday, June 18, 2020 / Rules and Regulations
that regulatory revision is retroactively
applicable as of January 1, 2020, when
the change became effective under the
Ethics Act.
Regulatory Flexibility Act
As the Director of the Office of
Government Ethics, I certify under the
Regulatory Flexibility Act (5 U.S.C.
chapter 6) that this final rule would not
have a significant economic impact on
a substantial number of small entities
because it primarily affects current
Federal executive branch employees.
Paperwork Reduction Act
The Paperwork Reduction Act (44
U.S.C. chapter 35) does not apply
because this regulation does not contain
information collection requirements that
require approval of the Office of
Management and Budget.
Unfunded Mandates Reform Act
For purposes of the Unfunded
Mandates Reform Act of 1995 (2 U.S.C.
chapter 5, subchapter II), this final rule
would not significantly or uniquely
affect small governments and will not
result in increased expenditures by
State, local, and tribal governments, in
the aggregate, or by the private sector, of
$100 million or more (as adjusted for
inflation) in any one year.
Congressional Review Act
The Office of Government Ethics has
determined that this amendatory
rulemaking is a nonmajor rule under the
Congressional Review Act (5 U.S.C.
chapter 8) and will submit a report
thereon to the U.S. Senate, House of
Representatives and Government
Accountability Office in accordance
with that law at the same time this
rulemaking document is sent to the
Office of the Federal Register for
publication in the Federal Register.
Executive Order 13563 and Executive
Order 12866
Executive Orders 13563 and 12866
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select the regulatory
approaches that maximize net benefits
(including economic, environmental,
public health and safety effects,
distributive impacts, and equity).
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. In promulgating this
rulemaking, OGE has adhered to the
regulatory philosophy and the
applicable principles of regulation set
forth in Executive Orders 12866 and
VerDate Sep<11>2014
16:26 Jun 17, 2020
Jkt 250001
13563. The rule has not been reviewed
by the Office of Management and
Budget because it is not a significant
regulatory action for the purposes of
Executive Order 12866.
■
Executive Order 12988
As Director of the Office of
Government Ethics, I have reviewed this
rule in light of section 3 of Executive
Order 12988, Civil Justice Reform, and
certify that it meets the applicable
standards provided therein.
(a) * * *
Note to paragraph (a): Under sections
102(a)(2)(A) and (B) of the Ethics in
Government Act, the reporting
thresholds for gifts, reimbursements,
and travel expenses are tied to the dollar
amount for the ‘‘minimal value’’
threshold for foreign gifts established by
the Foreign Gifts and Decoration Act, 5
U.S.C. 7342(a)(5). The General Services
Administration (GSA), in consultation
with the Secretary of State, redefines the
value every 3 years. In 2020, the amount
was set at $415. In subsection (d), the
Office of Government Ethics sets the
aggregation exception amount and
redefines the value every 3 years. In
2020, the amount was set at $166. The
Office of Government Ethics will update
this part in 2023 and every three years
thereafter to reflect the new amounts.
*
*
*
*
*
■ 3. Amend § 2634.907 as follows:
■ a. In paragraph (g)(1), remove the
dollar amount of ‘‘$390’’ and add in its
place ‘‘$415’’;
■ b. In paragraph (g)(2) introductory
text, remove the dollar amount ‘‘$156’’
and add in its place ‘‘$166’’;
■ c. Revise the Note to paragraph (g)(2);
■ d. In the last sentence of the example
following paragraph (g)(5), remove the
dollar amount of ‘‘$390’’ and add in its
place ‘‘$415’’ and remove the dollar
amount ‘‘$156’’ and add in its place
‘‘$166’’.
The revision reads as follows:
List of Subjects
5 CFR Part 2634
Certificates of divestiture, Conflict of
interests, Government employees,
Penalties, Reporting and recordkeeping
requirements, Trusts and trustees.
5 CFR Part 2635
Conflict of interests, Executive branch
standards of ethical conduct,
Government employees.
Approved: May 19, 2020.
Emory Rounds,
Director, U.S. Office of Government Ethics.
For the reasons set forth in the
preamble, the U.S. Office of Government
Ethics is amending 5 CFR parts 2634
and 2635 as follows:
PART 2634—EXECUTIVE BRANCH
FINANCIAL DISCLOSURE, QUALIFIED
TRUSTS, AND CERTIFICATES OF
DIVESTITURE
1. The authority citation for part 2634
continues to read as follows:
■
Authority: 5 U.S.C. App. (Ethics in
Government Act of 1978); 26 U.S.C. 1043;
Pub. L. 101–410, 104 Stat. 890, 28 U.S.C.
2461 note (Federal Civil Penalties Inflation
Adjustment Act of 1990), as amended by Sec.
31001, Pub. L. 104–134, 110 Stat. 1321 (Debt
Collection Improvement Act of 1996) and
Sec. 701, Pub. L. 114–74 (Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015); E.O. 12674, 54
FR 15159, 3 CFR, 1989 Comp., p. 215, as
modified by E.O. 12731, 55 FR 42547, 3 CFR,
1990 Comp., p. 306.
2. Amend § 2634.304 as follows:
a. Revise the Note to paragraph (a);
b. In paragraphs (a) and (b), remove
the dollar amount ‘‘$390’’ and add in its
place ‘‘$415’’ wherever it appears;
■ c. In example 1 following paragraph
(d), remove the dollar amount ‘‘$220’’
following ‘‘Gift 1-Print’’ and add in its
place ‘‘$240’’ and remove the dollar
amount ‘‘$390’’ in the sentence
following ‘‘Gift 3’’ and add in its place
‘‘$415’’;
■ d. In paragraph (d) and examples 1
and 2, remove the dollar amount ‘‘$156’’
and add in its place ‘‘$166’’ wherever it
appears; and
■
■
■
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e. In examples 2 and 3 following
paragraph (d), remove the year ‘‘2017’’
and add in its place ‘‘2020’’.
The revision reads as follows:
§ 2634.304
§ 2634.907
Gifts and reimbursements.
Report contents.
*
*
*
*
*
(g) * * *
(2) * * *
Note to paragraph (g)(2): The Office of
Government Ethics sets these amounts
every 3 years using the same disclosure
thresholds as those for public financial
disclosure filers. In 2020, the reporting
thresholds were set at $415 and the
aggregation threshold was set at $166.
The Office of Government Ethics will
update this part in 2023 and every three
years thereafter to reflect the new
amount.
*
*
*
*
*
PART 2635—STANDARDS OF
ETHICAL CONDUCT FOR EMPLOYEES
OF THE EXECUTIVE BRANCH
4. The authority citation for part 2635
continues to read as follows:
■
Authority: 5 U.S.C. 7301, 7351, 7353; 5
U.S.C. App. (Ethics in Government Act of
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Federal Register / Vol. 85, No. 118 / Thursday, June 18, 2020 / Rules and Regulations
1978); E.O. 12674, 54 FR 15159, 3 CFR, 1989
Comp., p. 215, as modified by E.O. 12731, 55
FR 42547, 3 CFR, 1990 Comp., p. 306.
§ 2635.204
[Amended]
5. In § 2635.204, in paragraph
(g)(3)(iv) and examples 1 and 4
following paragraph (g)(6), remove the
dollar amount ‘‘$390’’ and add in its
place ‘‘$415’’ wherever it occurs.
■
[FR Doc. 2020–12357 Filed 6–17–20; 8:45 am]
BILLING CODE 6345–03–P
SMALL BUSINESS ADMINISTRATION
13 CFR Part 120
[Docket No. SBA–2020–0036]
RIN 3245–AH50
Business Loan Program Temporary
Changes; Paycheck Protection
Program—Additional Revisions to First
Interim Final Rule
U.S. Small Business
Administration.
ACTION: Interim final rule.
AGENCY:
On April 2, 2020, the U.S.
Small Business Administration (SBA)
posted on its website an interim final
rule relating to the implementation of
sections 1102 and 1106 of the
Coronavirus Aid, Relief, and Economic
Security Act (CARES Act or the Act)
(published in the Federal Register on
April 15, 2020). Section 1102 of the Act
temporarily adds a new product, titled
the ‘‘Paycheck Protection Program,’’ to
the U.S. Small Business
Administration’s (SBA’s) 7(a) Loan
Program. Subsequently, SBA issued a
number of interim final rules
implementing the Paycheck Protection
Program. This interim final rule revises
SBA’s interim final rule published in
the Federal Register on April 15, 2020
by changing the eligibility requirement
related to felony convictions of
applicants or owners of the applicant.
DATES:
Effective date: The provisions in this
interim final rule are effective June 16,
2020.
Comment date: Comments must be
received on or before July 20, 2020.
ADDRESSES: You may submit comments,
identified by number SBA–2020–0036,
through the Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
SBA will post all comments on
www.regulations.gov. If you wish to
submit confidential business
information (CBI) as defined in the User
Notice at www.regulations.gov, please
send an email to ppp-ifr@sba.gov.
SUMMARY:
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16:26 Jun 17, 2020
Jkt 250001
Highlight the information that you
consider to be CBI and explain why you
believe SBA should hold this
information as confidential. SBA will
review the information and make the
final determination whether it will
publish the information.
FOR FURTHER INFORMATION CONTACT: A
Call Center Representative at 833–572–
0502, or the local SBA Field Office; the
list of offices can be found at https://
www.sba.gov/tools/local-assistance/
districtoffices.
SUPPLEMENTARY INFORMATION:
I. Background Information
On March 13, 2020, President Trump
declared the ongoing Coronavirus
Disease 2019 (COVID–19) pandemic of
sufficient severity and magnitude to
warrant an emergency declaration for all
states, territories, and the District of
Columbia. With the COVID–19
emergency, many small businesses
nationwide are experiencing economic
hardship as a direct result of the
Federal, State, and local public health
measures that are being taken to
minimize the public’s exposure to the
virus. These measures, some of which
are government-mandated, have been
implemented nationwide and include
the closures of restaurants, bars, and
gyms. In addition, based on the advice
of public health officials, other
measures, such as keeping a safe
distance from others or even stay-athome orders, have been implemented,
resulting in a dramatic decrease in
economic activity as the public avoids
malls, retail stores, and other
businesses.
On March 27, 2020, the President
signed the Coronavirus Aid, Relief, and
Economic Security Act (the CARES Act
or the Act) (Pub. L. 116–136) to provide
emergency assistance and health care
response for individuals, families, and
businesses affected by the coronavirus
pandemic. The Small Business
Administration (SBA) received funding
and authority through the Act to modify
existing loan programs and establish a
new loan program to assist small
businesses nationwide adversely
impacted by the COVID–19 emergency.
Section 1102 of the Act temporarily
permits SBA to guarantee 100 percent of
7(a) loans under a new program titled
the ‘‘Paycheck Protection Program.’’
Section 1106 of the Act provides for
forgiveness of up to the full principal
amount of qualifying loans guaranteed
under the Paycheck Protection Program.
On April 24, 2020, the President
signed the Paycheck Protection Program
and Health Care Enhancement Act (Pub.
L. 116–139), which provided additional
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36717
funding and authority for the PPP. On
June 5, 2020, the President signed the
Paycheck Protection Program Flexibility
Act of 2020 (Flexibility Act) (Pub. L.
116–142).
II. Comments and Immediate Effective
Date
This interim final rule is effective
without advance notice and public
comment because section 1114 of the
CARES Act authorizes SBA to issue
regulations to implement Title I of the
Act without regard to notice
requirements. In addition, SBA has
determined that there is good cause for
dispensing with advance public notice
and comment on the grounds that that
it would be contrary to the public
interest. Specifically, advance public
notice and comment would defeat the
purpose of this interim final rule given
that SBA’s authority to guarantee PPP
loans expires on June 30, 2020. These
same reasons provide good cause for
SBA to dispense with the 30-day
delayed effective date provided in the
Administrative Procedure Act. Although
this interim final rule is effective on or
before date of filing, comments are
solicited from interested members of the
public on all aspects of the interim final
rule, including section III below. These
comments must be submitted on or
before July 20. 2020. The SBA will
consider these comments, comments
received on the interim final rule posted
on SBA’s website April 2, 2020 (the
First Interim Final Rule) and published
in the Federal Register on April 15,
2020, and the need for making any
revisions as a result of these comments.
III. Paycheck Protection Program—
Additional Revisions to First Interim
Final Rule (85 FR 20811)
Overview
The CARES Act was enacted to
provide immediate assistance to
individuals, families, and businesses
affected by the COVID–19 emergency.
Among the provisions contained in the
CARES Act are provisions authorizing
SBA to temporarily guarantee loans
under a new 7(a) loan program titled the
‘‘Paycheck Protection Program.’’ Loans
guaranteed under the Paycheck
Protection Program (PPP) will be 100
percent guaranteed by SBA, and the full
principal amount of the loans may
qualify for loan forgiveness. The
purpose of this interim final rule is to
make changes to the First Interim Final
Rule, posted on SBA’s website on April
2, 2020, and published in the Federal
Register on April 15, 2020 (85 FR
20811). The First Interim Final Rule, as
amended, should be interpreted
E:\FR\FM\18JNR1.SGM
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Agencies
[Federal Register Volume 85, Number 118 (Thursday, June 18, 2020)]
[Rules and Regulations]
[Pages 36715-36717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12357]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 85, No. 118 / Thursday, June 18, 2020 / Rules
and Regulations
[[Page 36715]]
OFFICE OF GOVERNMENT ETHICS
5 CFR Parts 2634 and 2635
RIN 3209-AA52
Executive Branch Financial Disclosure and Standards of Ethical
Conduct Regulations
AGENCY: Office of Government Ethics.
ACTION: Final rule; technical amendments.
-----------------------------------------------------------------------
SUMMARY: The U.S. Office of Government Ethics (OGE) is updating its
executive branch regulation on financial disclosure to reflect the
retroactive statutory increase of the reporting thresholds for gifts
and travel reimbursements. OGE is also updating the executive
branchwide standards of ethical conduct regulation to raise the widely
attended gatherings nonsponsor gifts exception dollar ceiling tied to
these thresholds. This change is not retroactive.
DATES:
Effective date: This final rule is effective June 18, 2020.
Applicability date: The amendments to 5 CFR 2634.304 and 2634.907
are applicable as of January 1, 2020.
FOR FURTHER INFORMATION CONTACT: Patrick J. Lightfoot, Assistant
Counsel, or Christie Chung, Assistant Counsel; Telephone: 202-482-9300.
SUPPLEMENTARY INFORMATION:
I. Background
The U.S. Office of Government Ethics (OGE) is amending pertinent
sections of its executive branchwide ethics regulations on financial
disclosure and standards of ethical conduct, as codified at 5 CFR parts
2634 and 2635, in order to update the thresholds for gifts and travel
reimbursements, as well as the widely attended gatherings nonsponsor
gifts exception dollar ceiling.
Increased Gifts and Travel Reimbursements Reporting Thresholds
First, OGE is revising its executive branch financial disclosure
regulation at 5 CFR part 2634 to reflect the increased reporting
thresholds for gifts, reimbursements, and travel expenses for both the
public and confidential executive branch financial disclosure systems.
The increased thresholds are applicable as of January 1, 2020. These
increases conform to the statutorily mandated public disclosure
reporting thresholds under section 102(a)(2)(A) and (B) of the Ethics
in Government Act as amended, 5 U.S.C. app. 102(a)(2)(A) and (B),
(Ethics Act) and are extended to confidential disclosure reporting by
OGE's regulation. Under the Ethics Act, the gifts and travel
reimbursements reporting thresholds are tied to the dollar amount for
the ``minimal value'' threshold for foreign gifts as the General
Services Administration (GSA) periodically redefines it.
GSA raised the ``minimal value'' amount under the Foreign Gifts and
Decorations Act, 5 U.S.C. 7342, to $415 for the three-year period 2020-
2022 (from the prior level of $390) in a March 10, 2020, Federal
Management Regulation Bulletin. See Gen. Servs. Admin., FMR B-50,
Foreign Gift and Decoration Minimal Value (2020) (revising
retroactively to January 1, 2020, the foreign gifts minimal value
definition as codified at 41 CFR 102-42.10).
Accordingly, applicable as of that same date, OGE is increasing the
thresholds for reporting of gifts and travel reimbursements from any
one source in 5 CFR 2634.304 and 2634.907(g). The thresholds have been
raised to ``more than $415'' for the gifts and travel reimbursements
aggregation thresholds and ``$166 or less'' for the de minimis
exception for gifts and travel reimbursements that do not have to be
aggregated. As noted, these regulatory increases implement the
underlying statutory increases effective January 1, 2020. OGE is also
updating the examples following those sections, including appropriate
adjustments to gift values.
OGE will continue to adjust the gifts and travel reimbursements
reporting thresholds in its part 2634 regulation in the future as
needed in light of GSA's redefinition of ``minimal value'' every three
years for foreign gifts purposes. See OGE's prior three-year adjustment
of those regulatory reporting thresholds, as published at 82 FR 22735
(May 18, 2017) (for 2017-2019, the aggregate reporting thresholds were
more than $390, with a $156 or less de minimis exception).
Increased Dollar Ceiling for the Exception for Nonsponsor Gifts of Free
Attendance at Widely Attended Gatherings
OGE is also increasing the exception ceiling for nonsponsor gifts
of free attendance at widely attended gatherings from $390 to $415 in
the executive branch standards of ethical conduct regulation, as
codified at 5 CFR 2635.204(g)(3) (and as illustrated in the examples
following paragraph (g)). This separate regulatory change is effective
upon publication in the Federal Register, on June 18, 2020. As OGE
noted in the preambles to the proposed and final rules on such
nonsponsor gifts, that ceiling is tied to the financial disclosure
gifts reporting threshold. See 60 FR 31415 (June 15, 1995) and 61 FR
42965 (Aug. 20, 1996). Thus, OGE is again increasing the nonsponsor
gift ceiling to match the further increase in the gifts and travel
reimbursements reporting thresholds described above. The nonsponsor
gift ceiling was last raised May 2017. See 82 FR 22735 (May 18, 2017).
The other requirements for acceptance of such nonsponsor gifts,
including an agency interest determination and expected attendance by
more than 100 persons, remain unchanged.
II. Matters of Regulatory Procedure
Administrative Procedure Act
Pursuant to 5 U.S.C. 553(b), as Director of the Office of
Government Ethics, I find that good cause exists for waiving the
general notice of proposed rulemaking and public comment procedures as
to these technical amendments. The notice and comment procedures are
being waived because these amendments concern matters of agency
organization, procedure and practice. It is also in the public interest
that the accurate and up-to-date information be contained in the
affected sections of OGE's regulations as soon as possible. The
increase in the reporting thresholds for gifts and reimbursements is
based on a statutory formula and lessens the reporting burden.
Therefore,
[[Page 36716]]
that regulatory revision is retroactively applicable as of January 1,
2020, when the change became effective under the Ethics Act.
Regulatory Flexibility Act
As the Director of the Office of Government Ethics, I certify under
the Regulatory Flexibility Act (5 U.S.C. chapter 6) that this final
rule would not have a significant economic impact on a substantial
number of small entities because it primarily affects current Federal
executive branch employees.
Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply
because this regulation does not contain information collection
requirements that require approval of the Office of Management and
Budget.
Unfunded Mandates Reform Act
For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
chapter 5, subchapter II), this final rule would not significantly or
uniquely affect small governments and will not result in increased
expenditures by State, local, and tribal governments, in the aggregate,
or by the private sector, of $100 million or more (as adjusted for
inflation) in any one year.
Congressional Review Act
The Office of Government Ethics has determined that this amendatory
rulemaking is a nonmajor rule under the Congressional Review Act (5
U.S.C. chapter 8) and will submit a report thereon to the U.S. Senate,
House of Representatives and Government Accountability Office in
accordance with that law at the same time this rulemaking document is
sent to the Office of the Federal Register for publication in the
Federal Register.
Executive Order 13563 and Executive Order 12866
Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select the regulatory approaches that
maximize net benefits (including economic, environmental, public health
and safety effects, distributive impacts, and equity). Executive Order
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
In promulgating this rulemaking, OGE has adhered to the regulatory
philosophy and the applicable principles of regulation set forth in
Executive Orders 12866 and 13563. The rule has not been reviewed by the
Office of Management and Budget because it is not a significant
regulatory action for the purposes of Executive Order 12866.
Executive Order 12988
As Director of the Office of Government Ethics, I have reviewed
this rule in light of section 3 of Executive Order 12988, Civil Justice
Reform, and certify that it meets the applicable standards provided
therein.
List of Subjects
5 CFR Part 2634
Certificates of divestiture, Conflict of interests, Government
employees, Penalties, Reporting and recordkeeping requirements, Trusts
and trustees.
5 CFR Part 2635
Conflict of interests, Executive branch standards of ethical
conduct, Government employees.
Approved: May 19, 2020.
Emory Rounds,
Director, U.S. Office of Government Ethics.
For the reasons set forth in the preamble, the U.S. Office of
Government Ethics is amending 5 CFR parts 2634 and 2635 as follows:
PART 2634--EXECUTIVE BRANCH FINANCIAL DISCLOSURE, QUALIFIED TRUSTS,
AND CERTIFICATES OF DIVESTITURE
0
1. The authority citation for part 2634 continues to read as follows:
Authority: 5 U.S.C. App. (Ethics in Government Act of 1978); 26
U.S.C. 1043; Pub. L. 101-410, 104 Stat. 890, 28 U.S.C. 2461 note
(Federal Civil Penalties Inflation Adjustment Act of 1990), as
amended by Sec. 31001, Pub. L. 104-134, 110 Stat. 1321 (Debt
Collection Improvement Act of 1996) and Sec. 701, Pub. L. 114-74
(Federal Civil Penalties Inflation Adjustment Act Improvements Act
of 2015); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as
modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306.
0
2. Amend Sec. 2634.304 as follows:
0
a. Revise the Note to paragraph (a);
0
b. In paragraphs (a) and (b), remove the dollar amount ``$390'' and add
in its place ``$415'' wherever it appears;
0
c. In example 1 following paragraph (d), remove the dollar amount
``$220'' following ``Gift 1-Print'' and add in its place ``$240'' and
remove the dollar amount ``$390'' in the sentence following ``Gift 3''
and add in its place ``$415'';
0
d. In paragraph (d) and examples 1 and 2, remove the dollar amount
``$156'' and add in its place ``$166'' wherever it appears; and
0
e. In examples 2 and 3 following paragraph (d), remove the year
``2017'' and add in its place ``2020''.
The revision reads as follows:
Sec. 2634.304 Gifts and reimbursements.
(a) * * *
Note to paragraph (a): Under sections 102(a)(2)(A) and (B) of the
Ethics in Government Act, the reporting thresholds for gifts,
reimbursements, and travel expenses are tied to the dollar amount for
the ``minimal value'' threshold for foreign gifts established by the
Foreign Gifts and Decoration Act, 5 U.S.C. 7342(a)(5). The General
Services Administration (GSA), in consultation with the Secretary of
State, redefines the value every 3 years. In 2020, the amount was set
at $415. In subsection (d), the Office of Government Ethics sets the
aggregation exception amount and redefines the value every 3 years. In
2020, the amount was set at $166. The Office of Government Ethics will
update this part in 2023 and every three years thereafter to reflect
the new amounts.
* * * * *
0
3. Amend Sec. 2634.907 as follows:
0
a. In paragraph (g)(1), remove the dollar amount of ``$390'' and add in
its place ``$415'';
0
b. In paragraph (g)(2) introductory text, remove the dollar amount
``$156'' and add in its place ``$166'';
0
c. Revise the Note to paragraph (g)(2);
0
d. In the last sentence of the example following paragraph (g)(5),
remove the dollar amount of ``$390'' and add in its place ``$415'' and
remove the dollar amount ``$156'' and add in its place ``$166''.
The revision reads as follows:
Sec. 2634.907 Report contents.
* * * * *
(g) * * *
(2) * * *
Note to paragraph (g)(2): The Office of Government Ethics sets
these amounts every 3 years using the same disclosure thresholds as
those for public financial disclosure filers. In 2020, the reporting
thresholds were set at $415 and the aggregation threshold was set at
$166. The Office of Government Ethics will update this part in 2023 and
every three years thereafter to reflect the new amount.
* * * * *
PART 2635--STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE
EXECUTIVE BRANCH
0
4. The authority citation for part 2635 continues to read as follows:
Authority: 5 U.S.C. 7301, 7351, 7353; 5 U.S.C. App. (Ethics in
Government Act of
[[Page 36717]]
1978); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as
modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306.
Sec. 2635.204 [Amended]
0
5. In Sec. 2635.204, in paragraph (g)(3)(iv) and examples 1 and 4
following paragraph (g)(6), remove the dollar amount ``$390'' and add
in its place ``$415'' wherever it occurs.
[FR Doc. 2020-12357 Filed 6-17-20; 8:45 am]
BILLING CODE 6345-03-P