[Federal Register Volume 59, Number 168 (Wednesday, August 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21538]
[[Page Unknown]]
[Federal Register: August 31, 1994]
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DEPARTMENT OF ENERGY
10 CFR Part 1050
RIN 1990-AA04
Foreign Gifts and Decorations
AGENCY: Department of Energy.
ACTION: Final rule.
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SUMMARY: This final rule amends regulations on foreign gifts and
decorations, so that the definition of ``minimal value'' and other
specific dollar figures used with respect to foreign gifts and
decorations reflect changes in the consumer price index.
DATES: Final rule effective August 31, 1994.
FOR FURTHER INFORMATION CONTACT: Susan Beard (Acting Deputy Assistant
General Counsel for Standards of Conduct), Office of the Assistant
General Counsel for General Law, GC-80, U.S. Department of Energy, 1000
Independence Avenue, S.W., Washington, D.C. 20585 (202/586-1522).
SUPPLEMENTARY INFORMATION
I. Background
Article I, section 9, clause 8 of the Constitution provides that no
person holding any office of profit or trust under the United States
shall, without the consent of the Congress, accept any present,
emolument, office, or title, of any kind whatever, from any foreign
state. In the Foreign Gifts and Decorations Act (Act) (5 U.S.C. 7342),
Congress consented to an exception to the general Constitutional rule
against the acceptance of gifts or decorations from foreign governments
by Federal employees. Among other things, the statute allows employees
to accept gifts of ``minimal value'' tendered as souvenirs or as marks
of courtesy.
``Minimal value'' is defined in the Act, as amended, as a retail
value in the United States of $100 or less, but the Act provides that
``minimal value'' shall be redefined periodically in regulations
prescribed by the Administrator of General Services, in consultation
with the Secretary of State, to reflect changes in the consumer price
index for the immediately preceding three-year period. The authority to
redefine the term ``minimal value'' was effective on January 1, 1981.
The Act also provides that, a Federal employing agency may, by
regulation, define ``minimal value'' to be less than the value
established under the foregoing provision.
There is also a limitation on the use of appropriated funds for the
purchase of gifts for foreign individuals. Effective September 30,
1977, no appropriated funds, other than funds from the ``Emergencies in
the Diplomatic and Consular Service'' account of the Department of
State, may be used to purchase any tangible gift of more than minimal
value, as defined in the Foreign Gifts and Decorations Act, for any
individual unless the gift is approved by the Congress (22 U.S.C.
2694).
In 1980 the Department of Energy promulgated regulations regarding
the acceptance by Department employees of gifts and decorations from
foreign governments and the use of appropriated funds for the purchase
of tangible gifts for a foreign individual. The Department's Foreign
Gifts and Decorations regulations currently provide, at 10 CFR
1050.103(e), that ``minimal value'' means a retail value of $100 or
less. This provision does not reflect changes in the definition of
``minimal value'' contained in the regulations promulgated by the
General Services Administration. At the time this regulation was
promulgated, the definition of ``minimal value'' was not indexed.
Furthermore, Subpart D of these regulations, Gifts to Foreign
Individuals, sets a $100 ceiling, but fails to incorporate the term
``minimal value'' in establishing allowable purchases of tangible gifts
for any foreign individuals.
This rule will redefine ``minimal value'' to be the value
prescribed by the Administrator of General Services, in coordination
with the Secretary of State, to reflect changes in the consumer price
index, thus, making it unnecessary for the Department to issue a new
rule each time the definition changes due to an increase or decrease in
the consumer price index. Further, it will apply the term ``minimal
value'' to the value of gifts allowable for presentation to foreign
individuals.
This rulemaking involves a matter relating to agency management or
personnel, affecting a regulation that only applies to Department of
Energy employees. Furthermore, the rule would relieve a substantive
restriction that previously was placed upon Department of Energy
employees. Accordingly, the Department has determined that a general
notice of proposed rulemaking is not required (5 U.S.C. 553(a)(2)), and
is making this rule effective immediately (5 U.S.C. 553(d)(1)).
II. Review Under Executive Order 12866
Today's regulatory action has been determined not to be a
``significant regulatory action'' under Executive Order 12866,
``Regulatory Planning and Review,'' (58 FR 51735, October 4, 1993).
Accordingly, today's action was not subject to review under the
Executive Order by the Office of Information and Regulatory Affairs.
III. Review Under the Regulatory Flexibility Act
Pursuant to section 605 of the Regulatory Flexibility Act (Pub. L.
96-354), it is hereby certified that the final rule will not have a
significant economic impact on a substantial number of small entities
within the meaning of the Act. It is related solely to internal agency
organization, management, or personnel.
IV. Review Under the National Environmental Policy Act
The Department has determined that the final rule does not
constitute a major Federal action significantly affecting the quality
of the human environment, because it is a strictly procedural
rulemaking within the meaning of paragraph A6 of Appendix A to subpart
D of 10 C.F.R. part 1021.
V. Review Under the Paperwork Reduction Act
This final rule does not impose a ``collection of information''
requirement, as defined in 44 U.S.C. 3502(4).
List of Subjects in 10 CFR Part 1050
Government employees.
In consideration of the foregoing, the Department of Energy is
amending part 1050 of Title 10 of the Code of Federal Regulations, as
set forth below:
Issued in Washington, D.C. on August 25, 1994.
Eric J. Fygi,
Acting General Counsel.
PART 1050--FOREIGN GIFTS AND DECORATIONS
1. The authority citation for 10 CFR part 1050 is revised to read
as follows:
Authority: The Constitution of the United States, Article I,
Section 9; 5 U.S.C. 7342; 22 U.S.C. 2694; Public Law 95-91, secs.
644 and 652, 91 Stat. 599 (42 U.S.C. 7254 and 7262).
2. Section 1050.103 is amended by revising paragraph (e) to read as
follows:
Sec. 1050.103 Definitions.
* * * * *
(e) Minimal value means that value as defined in regulations
prescribed by the Administrator of General Services, in consultation
with the Secretary of State, to reflect changes in the consumer price
index for the immediately preceding 3-year period in accordance with
the definition of ``minimal value'' as set forth in the Federal
Property Management Regulations of title 41 of the Code of Federal
Regulations as applied to the Utilization, Donation, and Disposal of
Foreign Gifts and Decorations.
* * * * *
3. Subpart D is revised to read as follows:
Sec. 1050.401 Prohibition against use of appropriated funds.
No appropriated funds other than funds from the ``Emergencies in
the Diplomatic and Consular Service'' account of the Department of
State may be used to purchase any tangible gift of more than minimal
value for any foreign individual unless such gift has been approved by
the Congress.
[FR Doc. 94-21538 Filed 8-30-94; 8:45 am]
BILLING CODE 6450-01-P