Executive Branch Financial Disclosure and Standards of Ethical Conduct Regulations, 37753-37755 [2023-12291]
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37753
Rules and Regulations
Federal Register
Vol. 88, No. 111
Friday, June 9, 2023
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–AA68
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 9, 2023.
Applicability date: The amendments
to 5 CFR 2634.304 and 2634.907 are
applicable as of January 1, 2023.
FOR FURTHER INFORMATION CONTACT:
Christie Chung, Assistant Counsel, or
Melba Melton, Assistant Counsel;
Telephone: 202–482–9300.
SUPPLEMENTARY INFORMATION:
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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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16:03 Jun 08, 2023
Jkt 259001
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, 2023. These
increases conform to the statutorily
mandated public disclosure reporting
thresholds under the Ethics in
Government Act as amended, 5 U.S.C.
13104(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 $480
for the three-year period 2023–2025
(from the prior level of $415) in a March
6, 2023, Federal Management
Regulation Bulletin. See Gen. Servs.
Admin., GSA Bull. FMR B–52, Foreign
Gift and Decoration Minimal Value
(2023) (revising retroactively to January
1, 2023, 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 $480’’ for the gifts
and travel reimbursements aggregation
thresholds and ‘‘$192 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,
2023. 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 85 FR 36715 (June 18,
2020) (for 2020–2022, the aggregate
reporting thresholds were more than
$415, with a $166 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 $415 to $480 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 9, 2023. 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 June 2020. See 85 FR 36715 (June
18, 2020). 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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37754
Federal Register / Vol. 88, No. 111 / Friday, June 9, 2023 / Rules and Regulations
that regulatory revision is retroactively
applicable as of January 1, 2023, 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 25, 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.
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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
16:03 Jun 08, 2023
Jkt 259001
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.
List of Subjects
following ‘‘Gift 3’’ and add in their
places ‘‘$480’’ and ‘‘$192’’, respectively;
and
■ e. In example 2 following paragraph
(d), remove ‘‘2020’’ and ‘‘$166’’ and add
in their places ‘‘2023’’ and ‘‘$192’’,
respectively;
■ f. In example 3 following paragraph
(d), remove the year ‘‘2020’’ and add in
its place ‘‘2023’’; and
■ g. In the example following paragraph
(f), remove the dollar amount ‘‘$450’’
and add in its place ‘‘$540’’.
The revision reads as follows:
5 CFR Part 2634
§ 2634.304
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.
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: June 5, 2023.
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. ch. 131; 26 U.S.C.
1043; Pub. L. 101–410, 104 Stat. 890 (28
U.S.C. 2461 note), as amended by sec. 31001,
Pub. L. 104–134, 110 Stat. 1321, and sec. 701,
Pub. L. 114–74; Pub. L. 112–105, 126 Stat.
291; 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. In paragraphs (a) and (b), remove
the dollar amount ‘‘$415’’ and add in its
place ‘‘$480’’;
■ b. Designate the note to paragraph (a)
as note 1 to paragraph (a) and revise the
newly designated note;
■ c. In paragraph (d), remove the dollar
amount ‘‘$166’’ and add in its place
‘‘$192’’;
■ d. In example 1 following paragraph
(d):
■ i. Remove the dollar amount ‘‘$240’’
following ‘‘Gift 1-Print’’ and add in its
place ‘‘$280’’;
■ ii. Remove the dollar amount ‘‘$185’’
following ‘‘Gift 2-Pen and pencil set’’
and add in its place ‘‘$225’’; and
■ iii. Remove the dollar amounts
‘‘$415’’ and ‘‘$166’’ in the sentences
■
■
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Fmt 4700
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Gifts and reimbursements.
(a) * * *
Note 1 to paragraph (a): Under the Ethics
in Government Act, 5 U.S.C. 13104(a)(2)(A)
and (B), 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 Decorations 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 2023, the amount was set
at $480. In paragraph (d) of this section, the
Office of Government Ethics sets the
aggregation exception amount and redefines
the value every 3 years. In 2023, the amount
was set at $192. The Office of Government
Ethics will update this part in 2026 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 ‘‘$415’’ and add in its
place ‘‘$480’’;
■ b. In paragraph (g)(2), remove the
dollar amount ‘‘$166’’ and add in its
place ‘‘$192’’;
■ c. Revise the note to paragraph (g)(2);
and
■ d. In the example following paragraph
(g)(5):
■ i. Remove the dollar amount ‘‘$275’’
following ‘‘Gift 3-Cell phone’’ and add
in its place ‘‘$340’’; and
■ ii. In the last two sentences, remove
the dollar amount of ‘‘$415’’ and add in
its place ‘‘$480’’ and remove the dollar
amount ‘‘$166’’ and add in its place
‘‘$192’’.
The revision reads as follows:
■
■
§ 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 2023, the reporting thresholds were set at
$480 and the aggregation threshold was set
at $192. The Office of Government Ethics
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Federal Register / Vol. 88, No. 111 / Friday, June 9, 2023 / Rules and Regulations
will update this part in 2026 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
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 to
paragraph (g), remove the dollar amount
‘‘$415’’ and add in its place ‘‘$480’’.
■
[FR Doc. 2023–12291 Filed 6–8–23; 8:45 am]
BILLING CODE 6345–03–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
SUPPLEMENTARY INFORMATION:
[Docket No. FAA–2023–1055; Project
Identifier AD–2023–00583–T; Amendment
39–22445; AD 2023–10–09]
Background
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all The
Boeing Company Model 787–8, 787–9,
and 787–10 airplanes. This AD was
prompted by reports of damaged
decompression panels from operators.
This AD requires repetitive inspections
for damaged fastener holes on the
vertical and bottom edges of the inward
and outward blowing decompression
panels installed on the forward and aft
cargo compartment vertical sidewall
linings and applicable on-condition
actions. The FAA is issuing this AD to
address the unsafe condition on these
products.
SUMMARY:
DATES:
lotter on DSK11XQN23PROD with RULES1
• Federal eRulemaking Portal: Go to
regulations.gov. Follow the instructions
for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
AD Docket: You may examine the AD
docket at regulations.gov by searching
for and locating Docket No. FAA–2023–
1055; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this final rule,
any comments received, and other
information. The street address for
Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT:
Nicole S. Tsang, Aviation Safety
Engineer, FAA, 2200 South 216th St.,
Des Moines, WA 98198; telephone: 206–
231–3959; email: Nicole.S.Tsang@
faa.gov.
This AD is effective June 26,
2023.
The FAA must receive comments on
this AD by July 24, 2023.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
VerDate Sep<11>2014
16:03 Jun 08, 2023
Jkt 259001
The FAA has received a report
indicating operators have found
damaged fastener holes on vertical
sidewall decompression panels installed
in the forward and aft cargo
compartments (i.e., cargo liner panel).
These decompression panels are
designed to open only during a
decompression event and otherwise
remain sealed. Damaged fastener holes
that exceed the allowable damage limits
or fastener holes that are folded back
during installation could result in
movement of the decompression panel
affecting the seal. This could result in
possible leakage in the cargo
compartments, which in the event of a
cargo fire, could lead to insufficient
Halon concentrations to adequately
control the fire. This condition, if not
addressed, could result in the loss of
continued safe flight and landing of the
airplane. The FAA is issuing this AD to
address the unsafe condition on these
products.
FAA’s Determination
The FAA is issuing this AD because
the agency has determined the unsafe
condition described previously is likely
to exist or develop in other products of
the same type design.
AD Requirements
This AD requires gaining access to the
fastener holes on the vertical and
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37755
bottom edges of the inward and outward
blowing decompression panels installed
on the forward and aft cargo
compartment vertical sidewall linings;
repetitive general visual inspections of
those fastener holes for damage (such as
a tear, cut, split, puncture, or
delamination) and applicable oncondition actions; and making sure the
panel fastener holes are not folded back
when installing the decompression
panel after completing the general
visual inspection. On-condition actions
include replacement of any
decompression panel having damaged
fastener holes that exceed the allowable
damage limits with a serviceable panel.
The allowable damage limits are as
follows: damage on a fastener hole must
not extend beyond the width of the
fastener hole; if the damage is on one
side of the fastener hole and the other
side of the fastener hole has no damage,
the damage must not extend more than
the diameter of the fastener hole; the
decompression panel must not have
more than two adjacent damaged
fastener holes with damage; and the
decompression panel must not have
more than four damaged fastener holes.
For the purposes of this AD, a
serviceable panel is one that has not
exceeded the allowable damage limits.
A decompression panel repaired using a
method approved by The Boeing
Company Organization Designation
Authorization (ODA) is considered
serviceable.
Minimum Equipment List (MEL)
Provision
Paragraph (j) of this AD specifies that
if any decompression panel is damaged
and the decompression panel is deemed
not serviceable, the airplane may be
operated as specified in the operator’s
FAA-approved MEL, provided
provisions that address the damaged
decompression panel are included in
the MEL.
Interim Action
The FAA considers this AD to be an
interim action. If final action is later
identified, the FAA might consider
further rulemaking then.
Justification for Immediate Adoption
and Determination of the Effective Date
Section 553(b)(3)(B) of the
Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies
to dispense with notice and comment
procedures for rules when the agency,
for ‘‘good cause,’’ finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ Under this section, an agency,
upon finding good cause, may issue a
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09JNR1
Agencies
[Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Rules and Regulations]
[Pages 37753-37755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12291]
========================================================================
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. 88, No. 111 / Friday, June 9, 2023 / Rules
and Regulations
[[Page 37753]]
OFFICE OF GOVERNMENT ETHICS
5 CFR Parts 2634 and 2635
RIN 3209-AA68
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 9, 2023.
Applicability date: The amendments to 5 CFR 2634.304 and 2634.907
are applicable as of January 1, 2023.
FOR FURTHER INFORMATION CONTACT: Christie Chung, Assistant Counsel, or
Melba Melton, 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, 2023. These
increases conform to the statutorily mandated public disclosure
reporting thresholds under the Ethics in Government Act as amended, 5
U.S.C. 13104(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 $480 for the three-year period 2023-
2025 (from the prior level of $415) in a March 6, 2023, Federal
Management Regulation Bulletin. See Gen. Servs. Admin., GSA Bull. FMR
B-52, Foreign Gift and Decoration Minimal Value (2023) (revising
retroactively to January 1, 2023, 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 $480'' for the gifts and travel reimbursements
aggregation thresholds and ``$192 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, 2023. 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 85 FR 36715
(June 18, 2020) (for 2020-2022, the aggregate reporting thresholds were
more than $415, with a $166 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 $415 to $480 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 9, 2023. 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 June 2020. See 85 FR 36715 (June 18, 2020). 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 37754]]
that regulatory revision is retroactively applicable as of January 1,
2023, 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 25, 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: June 5, 2023.
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. ch. 131; 26 U.S.C. 1043; Pub. L. 101-410,
104 Stat. 890 (28 U.S.C. 2461 note), as amended by sec. 31001, Pub.
L. 104-134, 110 Stat. 1321, and sec. 701, Pub. L. 114-74; Pub. L.
112-105, 126 Stat. 291; 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. In paragraphs (a) and (b), remove the dollar amount ``$415'' and add
in its place ``$480'';
0
b. Designate the note to paragraph (a) as note 1 to paragraph (a) and
revise the newly designated note;
0
c. In paragraph (d), remove the dollar amount ``$166'' and add in its
place ``$192'';
0
d. In example 1 following paragraph (d):
0
i. Remove the dollar amount ``$240'' following ``Gift 1-Print'' and add
in its place ``$280'';
0
ii. Remove the dollar amount ``$185'' following ``Gift 2-Pen and pencil
set'' and add in its place ``$225''; and
0
iii. Remove the dollar amounts ``$415'' and ``$166'' in the sentences
following ``Gift 3'' and add in their places ``$480'' and ``$192'',
respectively; and
0
e. In example 2 following paragraph (d), remove ``2020'' and ``$166''
and add in their places ``2023'' and ``$192'', respectively;
0
f. In example 3 following paragraph (d), remove the year ``2020'' and
add in its place ``2023''; and
0
g. In the example following paragraph (f), remove the dollar amount
``$450'' and add in its place ``$540''.
The revision reads as follows:
Sec. 2634.304 Gifts and reimbursements.
(a) * * *
Note 1 to paragraph (a): Under the Ethics in Government Act, 5
U.S.C. 13104(a)(2)(A) and (B), 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 Decorations 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 2023, the
amount was set at $480. In paragraph (d) of this section, the Office
of Government Ethics sets the aggregation exception amount and
redefines the value every 3 years. In 2023, the amount was set at
$192. The Office of Government Ethics will update this part in 2026
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 ``$415'' and add in
its place ``$480'';
0
b. In paragraph (g)(2), remove the dollar amount ``$166'' and add in
its place ``$192'';
0
c. Revise the note to paragraph (g)(2); and
0
d. In the example following paragraph (g)(5):
0
i. Remove the dollar amount ``$275'' following ``Gift 3-Cell phone''
and add in its place ``$340''; and
0
ii. In the last two sentences, remove the dollar amount of ``$415'' and
add in its place ``$480'' and remove the dollar amount ``$166'' and add
in its place ``$192''.
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 2023, the reporting
thresholds were set at $480 and the aggregation threshold was set at
$192. The Office of Government Ethics
[[Page 37755]]
will update this part in 2026 and every three years thereafter to
reflect the new amount.
* * * * *
PART 2635--STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE
EXECUTIVE BRANCH
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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 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 to
paragraph (g), remove the dollar amount ``$415'' and add in its place
``$480''.
[FR Doc. 2023-12291 Filed 6-8-23; 8:45 am]
BILLING CODE 6345-03-P