2023 Civil Monetary Penalties Inflation Adjustments for Ethics in Government Act Violations, 1139-1141 [2023-00167]
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Federal Register / Vol. 88, No. 5 / Monday, January 9, 2023 / Rules and Regulations
Ethics, Telephone: 202–482–9300; TTY:
800–877–8339; FAX: 202–482–9237.
SUPPLEMENTARY INFORMATION:
List of Subjects in 16 CFR Part 305
Advertising, Energy conservation,
Household appliances, Labeling,
Reporting and recordkeeping
requirements.
Correcting Amendment
For the reasons discussed above, 16
CFR part 305 is corrected by making the
following correcting amendment:
PART 305—ENERGY AND WATER USE
LABELING FOR CONSUMER
PRODUCTS UNDER THE ENERGY
POLICY AND CONSERVATION ACT
(‘‘ENERGY LABELING RULE’’)
1. The authority citation for part 305
continues to read as follows:
■
Authority: 42 U.S.C. 6294.
§ 305.17
[Amended]
2. In § 305.17:
a. In paragraph (a)(9)(i), remove the
phrase ‘‘or greater than 75 gallons’’ and
add in its place ‘‘or 75 gallons or more’’.
■ b. In paragraph (a)(9)(ii), remove the
phrases ‘‘[electric models or models
fueled by natural gas]’’ and ‘‘2.8 to 4.0,
or greater than 4.0’’ and add in their
places ‘‘[electric models or models
fueled by natural gas or models fueled
by propane]’’ and ‘‘2.8 to 3.9, or 4.0 or
more’’, respectively.
■
■
Dated: December 15, 2022.
April J. Tabor,
Secretary.
[FR Doc. 2022–27680 Filed 1–6–23; 8:45 am]
BILLING CODE 7550–01–C
OFFICE OF GOVERNMENT ETHICS
5 CFR Parts 2634 and 2636
RIN 3209–AA66
2023 Civil Monetary Penalties Inflation
Adjustments for Ethics in Government
Act Violations
Office of Government Ethics.
Final rule.
AGENCY:
ACTION:
In accordance with the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015, the U.S. Office of Government
Ethics is issuing this final rule to make
the 2023 annual adjustments to the
Ethics in Government Act civil
monetary penalties.
DATES: This final rule is effective
January 15, 2023.
FOR FURTHER INFORMATION CONTACT:
Margaret Dylus-Yukins, Assistant
Counsel, General Counsel and Legal
Policy Division, Office of Government
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
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I. Background
In November 2015, Congress passed
the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (Sec. 701 of Pub. L. 114–74) (the
2015 Act), which further amended the
Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 101–
410). The 2015 Act required Federal
agencies to make inflationary
adjustments to the civil monetary
penalties (CMPs) within their
jurisdiction with an initial ‘‘catch-up’’
adjustment through an interim final rule
effective no later than August 1, 2016,
and further mandates that Federal
agencies make subsequent annual
inflationary adjustments of their CMPs,
to be effective no later than January 15
of each year.
The Ethics in Government Act of 1978
as amended, Chapter 131, title 5 of the
United States Code, provides for five
CMPs.1 Specifically, the Ethics Act
provides for penalties that can be
assessed by an appropriate United
States district court, based upon a civil
action brought by the Department of
Justice, for the following five types of
violations:
(1) knowing and willful failure to file,
report required information on, or
falsification of a public financial
disclosure report, 5 U.S.C. 13106(a), 5
CFR 2634.701(b);
(2) knowing and willful breach of a
qualified trust by trustees and interested
parties, 5 U.S.C. 13104(f)(6)(C)(i), 5 CFR
2634.702(a);
(3) negligent breach of a qualified
trust by trustees and interested parties,
5 U.S.C. 13104(f)(6)(C)(ii), 5 CFR
2634.702(b);
(4) misuse of a public report, 5 U.S.C.
13107(c)(2), 5 CFR 2634.703; and
(5) violation of outside employment/
activities provisions, 5 U.S.C. 13145(a),
5 CFR 2636.104(a).
In compliance with the 2015 Act and
guidance issued by the Office of
Management and Budget (OMB), the
U.S. Office of Government Ethics (OGE)
made previous inflationary adjustments
1 OGE has previously determined, after
consultation with the Department of Justice, that
the $200 late filing fee for public financial
disclosure reports that are more than 30 days
overdue (see section 104(d) of the Ethics Act,
Chapter 131, title 5 of the United States Code,
104(d), and 5 CFR 2634.704 of OGE’s regulations
thereunder) is not a CMP as defined under the
Federal Civil Penalties Inflation Adjustment Act, as
amended. Therefore, that fee is not being adjusted
in this rulemaking (nor was it adjusted by OGE in
previous CMP rulemakings), and will remain at its
current amount of $200.
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1139
to the five Ethics Act CMPs, and is
issuing this rulemaking to effectuate the
2023 annual inflationary adjustments to
those CMPs. In accordance with the
2015 Act, these adjustments are based
on the percent change between the
Consumer Price Index for all Urban
Consumers (CPI–U) for the month of
October preceding the date of the
adjustment, and the prior year’s October
CPI–U. Pursuant to OMB guidance, the
cost-of-living adjustment multiplier for
2022, based on the CPI–U for October
2021, not seasonally adjusted, is
1.07745. To calculate the 2023 annual
adjustment, agencies must multiply the
most recent penalty by the 1.07745
multiplier, and round to the nearest
dollar.
Applying the formula established by
the 2015 Act and OMB guidance, OGE
is amending the Ethics Act CMPs
through this rulemaking to:
(1) Increase the three penalties
reflected in 5 CFR 2634.702(a),
2634.703, and 2636.104(a)—which were
previously adjusted to a maximum of
$22,021—to a maximum of $23,727;
(2) Increase the penalty reflected in 5
CFR 2634.702(b)—which was
previously adjusted to a maximum of
$11,011—to a maximum of $11,864; and
(3) Increase the penalty reflected in 5
CFR 2634.701(b)—which was
previously adjusted to a maximum of
$66,190—to a maximum of $71,316.
These adjusted penalty amounts will
apply to penalties assessed after January
15, 2023 (the effective date of this final
rule) whose associated violations
occurred after November 2, 2015.
OGE will continue to make future
annual inflationary adjustments to the
Ethics Act CMPs in accordance with the
statutory formula set forth in the 2015
Act and OMB guidance.
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, which concern
matters of agency organization,
procedure and practice, are being
adopted in accordance with statutorily
mandated inflation adjustment
procedures of the 2015 Act, which
specifies that agencies shall adjust civil
monetary penalties notwithstanding
Section 553 of the Administrative
Procedure Act. It is also in the public
interest that the adjusted rates for civil
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Federal Register / Vol. 88, No. 5 / Monday, January 9, 2023 / Rules and Regulations
monetary penalties under the Ethics in
Government Act become effective as
soon as possible in order to maintain
their deterrent effect.
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.
(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. The Office of Management
and Budget has determined that
rulemakings such as this implementing
annual inflationary adjustments under
the 2015 Act are not significant
regulatory actions under Executive
Order 12866.
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.
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.
Unfunded Mandates Reform Act
For purposes of the Unfunded
Mandates Reform Act of 1995 (2 U.S.C.
chapter 5, subchapter II), this 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.
List of Subjects
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
5 CFR Part 2634
Certificates of divestiture, Conflict of
interests, Financial disclosure,
Government employees, Penalties,
Privacy, Reporting and recordkeeping
requirements, Trusts and trustees.
5 CFR Part 2636
Conflict of interests, Government
employees, Penalties.
Dated: January 4, 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 2636 as follows:
PART 2634—EXECUTIVE BRANCH
FINANCIAL DISCLOSURE, QUALIFIED
TRUSTS, AND CERTIFICATES OF
DIVESTITURE
1. The authority citation for part 2634
is revised 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. Section 2634.701 is amended by
revising paragraph (b) to read as follows:
■
§ 2634.701
reports.
Failure to file or falsifying
*
*
*
*
*
(b) Civil action. The Attorney General
may bring a civil action in any
appropriate United States district court
against any individual who knowingly
and willfully falsifies or who knowingly
and willfully fails to file or report any
information required by filers of public
reports under subpart B of this part. The
court in which the action is brought
may assess against the individual a civil
monetary penalty in any amount, not to
exceed the amounts set forth in Table 1
to this section, as provided by section
104(a) of the Act, as amended, and as
adjusted in accordance with the
inflation adjustment procedures
prescribed in the Federal Civil Penalties
Inflation Adjustment Act of 1990, as
amended.
TABLE 1 TO § 2634.701
Date of violation
Penalty
Violation occurring between Sept. 14, 2007 and Nov. 2, 2015 ..................................................................................................................
Violation occurring after Nov. 2, 2015 .........................................................................................................................................................
*
*
*
*
*
3. Section 2634.702 is revised to read
as follows:
■
§ 2634.702 Breaches by trust fiduciaries
and interested parties.
(a) The Attorney General may bring a
civil action in any appropriate United
States district court against any
individual who knowingly and willfully
violates the provisions of
§ 2634.408(d)(1) or (e)(1). The court in
which the action is brought may assess
against the individual a civil monetary
penalty in any amount, not to exceed
$50,000
71,316
the amounts set forth in Table 1 to this
section, as provided by section
102(f)(6)(C)(i) of the Act and as adjusted
in accordance with the inflation
adjustment procedures prescribed in the
Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended.
lotter on DSK11XQN23PROD with RULES1
TABLE 1 TO § 2634.702
Date of violation
Penalty
Violation occurring between Sept. 29, 1999 and Nov. 2, 2015 ..................................................................................................................
Violation occurring after Nov. 2, 2015 .........................................................................................................................................................
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$11,000
23,727
Federal Register / Vol. 88, No. 5 / Monday, January 9, 2023 / Rules and Regulations
(b) The Attorney General may bring a
civil action in any appropriate United
States district court against any
individual who negligently violates the
provisions of § 2634.408(d)(1) or (e)(1).
The court in which the action is brought
may assess against the individual a civil
monetary penalty in any amount, not to
exceed the amounts set forth in Table 2
to this section, as provided by section
1141
102(f)(6)(C)(ii) of the Act and as
adjusted in accordance with the
inflation adjustment procedures of the
Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended.
TABLE 2 TO § 2634.702
Date of violation
Penalty
Violation occurring between Sept. 29, 1999 and Nov. 2, 2015 ..................................................................................................................
Violation occurring after Nov. 2, 2015 .........................................................................................................................................................
4. Section 2634.703 is revised to read
as follows:
■
§ 2634.703
Misuse of public reports.
(a) The Attorney General may bring a
civil action against any person who
obtains or uses a report filed under this
part for any purpose prohibited by
section 105(c)(1) of the Act, as
incorporated in § 2634.603(f). The court
in which the action is brought may
assess against the person a civil
monetary penalty in any amount, not to
exceed the amounts set forth in Table 1
$5,500
11,864
to this section, as provided by section
105(c)(2) of the Act and as adjusted in
accordance with the inflation
adjustment procedures prescribed in the
Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended.
TABLE 1 TO § 2634.703
Date of violation
Penalty
Violation occurring between Sept. 29, 1999 and Nov. 2, 2015 ..................................................................................................................
Violation occurring after Nov. 2, 2015 .........................................................................................................................................................
(b) This remedy shall be in addition
to any other remedy available under
statutory or common law.
PART 2636—LIMITATIONS ON
OUTSIDE EARNED INCOME,
EMPLOYMENT AND AFFILIATIONS
FOR CERTAIN NONCAREER
EMPLOYEES
amended by sec. 31001, Pub. L. 104–134, 110
Stat. 1321, and sec. 701, Pub. L. 114–74; 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.
6. Section 2636.104 is amended by
revising paragraph (a) to read as follows:
■
§ 2636.104
action.
5. The authority citation for part 2636
is revised to read as follows:
■
Authority: 5 U.S.C. ch. 131; Pub. L. 101–
410, 104 Stat. 890 (28 U.S.C. 2461 note), as
Civil, disciplinary and other
(a) Civil action. Except when the
employee engages in conduct in good
faith reliance upon an advisory opinion
issued under § 2636.103, an employee
who engages in any conduct in violation
$11,000
23,727
of the prohibitions, limitations, and
restrictions contained in this part may
be subject to civil action under section
504(a) of the Ethics in Government Act,
as amended, and a civil monetary
penalty of not more than the amounts
set in Table 1 to this section, as adjusted
in accordance with the inflation
adjustment procedures prescribed in the
Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended, or
the amount of the compensation the
individual received for the prohibited
conduct, whichever is greater.
TABLE 1 TO § 2636.104
Date of violation
Penalty
Violation occurring between Sept. 29, 1999 and Nov. 2, 2015 ..................................................................................................................
Violation occurring after Nov. 2, 2015 .........................................................................................................................................................
*
*
*
*
*
[FR Doc. 2023–00167 Filed 1–6–23; 8:45 am]
DEPARTMENT OF HOMELAND
SECURITY
BILLING CODE 6345–03–P
Coast Guard
33 CFR Part 165
lotter on DSK11XQN23PROD with RULES1
[Docket Number USCG–2022–1000]
RIN 1625–AA00
Safety Zones; Pensacola, Panama City,
and Tallahassee, Florida
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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$11,000
23,727
This temporary final rule
would implement a special activities
provision of the William M. (Mac)
Thornberry National Defense
Authorization Act for Fiscal Year 2021.
The Coast Guard is establishing three
temporary safety zones for the safe
splashdown and recovery of reentry
vehicles launched by Space Exploration
Technologies Corporation (SpaceX) in
support of the National Aeronautics and
Space Administration (NASA) from
January 9, 2023 until January 30, 2023.
These three temporary safety zones are
located within the Captain of the Port
Sector Mobile area of responsibility
SUMMARY:
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Agencies
[Federal Register Volume 88, Number 5 (Monday, January 9, 2023)]
[Rules and Regulations]
[Pages 1139-1141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00167]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF GOVERNMENT ETHICS
5 CFR Parts 2634 and 2636
RIN 3209-AA66
2023 Civil Monetary Penalties Inflation Adjustments for Ethics in
Government Act Violations
AGENCY: Office of Government Ethics.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015, the U.S. Office of Government
Ethics is issuing this final rule to make the 2023 annual adjustments
to the Ethics in Government Act civil monetary penalties.
DATES: This final rule is effective January 15, 2023.
FOR FURTHER INFORMATION CONTACT: Margaret Dylus-Yukins, Assistant
Counsel, General Counsel and Legal Policy Division, Office of
Government Ethics, Telephone: 202-482-9300; TTY: 800-877-8339; FAX:
202-482-9237.
SUPPLEMENTARY INFORMATION:
I. Background
In November 2015, Congress passed the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015 (Sec. 701 of Pub. L.
114-74) (the 2015 Act), which further amended the Federal Civil
Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410). The 2015
Act required Federal agencies to make inflationary adjustments to the
civil monetary penalties (CMPs) within their jurisdiction with an
initial ``catch-up'' adjustment through an interim final rule effective
no later than August 1, 2016, and further mandates that Federal
agencies make subsequent annual inflationary adjustments of their CMPs,
to be effective no later than January 15 of each year.
The Ethics in Government Act of 1978 as amended, Chapter 131, title
5 of the United States Code, provides for five CMPs.\1\ Specifically,
the Ethics Act provides for penalties that can be assessed by an
appropriate United States district court, based upon a civil action
brought by the Department of Justice, for the following five types of
violations:
---------------------------------------------------------------------------
\1\ OGE has previously determined, after consultation with the
Department of Justice, that the $200 late filing fee for public
financial disclosure reports that are more than 30 days overdue (see
section 104(d) of the Ethics Act, Chapter 131, title 5 of the United
States Code, 104(d), and 5 CFR 2634.704 of OGE's regulations
thereunder) is not a CMP as defined under the Federal Civil
Penalties Inflation Adjustment Act, as amended. Therefore, that fee
is not being adjusted in this rulemaking (nor was it adjusted by OGE
in previous CMP rulemakings), and will remain at its current amount
of $200.
---------------------------------------------------------------------------
(1) knowing and willful failure to file, report required
information on, or falsification of a public financial disclosure
report, 5 U.S.C. 13106(a), 5 CFR 2634.701(b);
(2) knowing and willful breach of a qualified trust by trustees and
interested parties, 5 U.S.C. 13104(f)(6)(C)(i), 5 CFR 2634.702(a);
(3) negligent breach of a qualified trust by trustees and
interested parties, 5 U.S.C. 13104(f)(6)(C)(ii), 5 CFR 2634.702(b);
(4) misuse of a public report, 5 U.S.C. 13107(c)(2), 5 CFR
2634.703; and
(5) violation of outside employment/activities provisions, 5 U.S.C.
13145(a), 5 CFR 2636.104(a).
In compliance with the 2015 Act and guidance issued by the Office
of Management and Budget (OMB), the U.S. Office of Government Ethics
(OGE) made previous inflationary adjustments to the five Ethics Act
CMPs, and is issuing this rulemaking to effectuate the 2023 annual
inflationary adjustments to those CMPs. In accordance with the 2015
Act, these adjustments are based on the percent change between the
Consumer Price Index for all Urban Consumers (CPI-U) for the month of
October preceding the date of the adjustment, and the prior year's
October CPI-U. Pursuant to OMB guidance, the cost-of-living adjustment
multiplier for 2022, based on the CPI-U for October 2021, not
seasonally adjusted, is 1.07745. To calculate the 2023 annual
adjustment, agencies must multiply the most recent penalty by the
1.07745 multiplier, and round to the nearest dollar.
Applying the formula established by the 2015 Act and OMB guidance,
OGE is amending the Ethics Act CMPs through this rulemaking to:
(1) Increase the three penalties reflected in 5 CFR 2634.702(a),
2634.703, and 2636.104(a)--which were previously adjusted to a maximum
of $22,021--to a maximum of $23,727;
(2) Increase the penalty reflected in 5 CFR 2634.702(b)--which was
previously adjusted to a maximum of $11,011--to a maximum of $11,864;
and
(3) Increase the penalty reflected in 5 CFR 2634.701(b)--which was
previously adjusted to a maximum of $66,190--to a maximum of $71,316.
These adjusted penalty amounts will apply to penalties assessed
after January 15, 2023 (the effective date of this final rule) whose
associated violations occurred after November 2, 2015.
OGE will continue to make future annual inflationary adjustments to
the Ethics Act CMPs in accordance with the statutory formula set forth
in the 2015 Act and OMB guidance.
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, which concern matters of agency
organization, procedure and practice, are being adopted in accordance
with statutorily mandated inflation adjustment procedures of the 2015
Act, which specifies that agencies shall adjust civil monetary
penalties notwithstanding Section 553 of the Administrative Procedure
Act. It is also in the public interest that the adjusted rates for
civil
[[Page 1140]]
monetary penalties under the Ethics in Government Act become effective
as soon as possible in order to maintain their deterrent effect.
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 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.
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.
The Office of Management and Budget has determined that rulemakings
such as this implementing annual inflationary adjustments under the
2015 Act are not significant regulatory actions under 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, Financial
disclosure, Government employees, Penalties, Privacy, Reporting and
recordkeeping requirements, Trusts and trustees.
5 CFR Part 2636
Conflict of interests, Government employees, Penalties.
Dated: January 4, 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 2636 as follows:
PART 2634--EXECUTIVE BRANCH FINANCIAL DISCLOSURE, QUALIFIED TRUSTS,
AND CERTIFICATES OF DIVESTITURE
0
1. The authority citation for part 2634 is revised 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. Section 2634.701 is amended by revising paragraph (b) to read as
follows:
Sec. 2634.701 Failure to file or falsifying reports.
* * * * *
(b) Civil action. The Attorney General may bring a civil action in
any appropriate United States district court against any individual who
knowingly and willfully falsifies or who knowingly and willfully fails
to file or report any information required by filers of public reports
under subpart B of this part. The court in which the action is brought
may assess against the individual a civil monetary penalty in any
amount, not to exceed the amounts set forth in Table 1 to this section,
as provided by section 104(a) of the Act, as amended, and as adjusted
in accordance with the inflation adjustment procedures prescribed in
the Federal Civil Penalties Inflation Adjustment Act of 1990, as
amended.
Table 1 to Sec. 2634.701
------------------------------------------------------------------------
Date of violation Penalty
------------------------------------------------------------------------
Violation occurring between Sept. 14, 2007 and Nov. 2, 2015.. $50,000
Violation occurring after Nov. 2, 2015....................... 71,316
------------------------------------------------------------------------
* * * * *
0
3. Section 2634.702 is revised to read as follows:
Sec. 2634.702 Breaches by trust fiduciaries and interested parties.
(a) The Attorney General may bring a civil action in any
appropriate United States district court against any individual who
knowingly and willfully violates the provisions of Sec. 2634.408(d)(1)
or (e)(1). The court in which the action is brought may assess against
the individual a civil monetary penalty in any amount, not to exceed
the amounts set forth in Table 1 to this section, as provided by
section 102(f)(6)(C)(i) of the Act and as adjusted in accordance with
the inflation adjustment procedures prescribed in the Federal Civil
Penalties Inflation Adjustment Act of 1990, as amended.
Table 1 to Sec. 2634.702
------------------------------------------------------------------------
Date of violation Penalty
------------------------------------------------------------------------
Violation occurring between Sept. 29, 1999 and Nov. 2, 2015.. $11,000
Violation occurring after Nov. 2, 2015....................... 23,727
------------------------------------------------------------------------
[[Page 1141]]
(b) The Attorney General may bring a civil action in any
appropriate United States district court against any individual who
negligently violates the provisions of Sec. 2634.408(d)(1) or (e)(1).
The court in which the action is brought may assess against the
individual a civil monetary penalty in any amount, not to exceed the
amounts set forth in Table 2 to this section, as provided by section
102(f)(6)(C)(ii) of the Act and as adjusted in accordance with the
inflation adjustment procedures of the Federal Civil Penalties
Inflation Adjustment Act of 1990, as amended.
Table 2 to Sec. 2634.702
------------------------------------------------------------------------
Date of violation Penalty
------------------------------------------------------------------------
Violation occurring between Sept. 29, 1999 and Nov. 2, 2015.. $5,500
Violation occurring after Nov. 2, 2015....................... 11,864
------------------------------------------------------------------------
0
4. Section 2634.703 is revised to read as follows:
Sec. 2634.703 Misuse of public reports.
(a) The Attorney General may bring a civil action against any
person who obtains or uses a report filed under this part for any
purpose prohibited by section 105(c)(1) of the Act, as incorporated in
Sec. 2634.603(f). The court in which the action is brought may assess
against the person a civil monetary penalty in any amount, not to
exceed the amounts set forth in Table 1 to this section, as provided by
section 105(c)(2) of the Act and as adjusted in accordance with the
inflation adjustment procedures prescribed in the Federal Civil
Penalties Inflation Adjustment Act of 1990, as amended.
Table 1 to Sec. 2634.703
------------------------------------------------------------------------
Date of violation Penalty
------------------------------------------------------------------------
Violation occurring between Sept. 29, 1999 and Nov. 2, 2015.. $11,000
Violation occurring after Nov. 2, 2015....................... 23,727
------------------------------------------------------------------------
(b) This remedy shall be in addition to any other remedy available
under statutory or common law.
PART 2636--LIMITATIONS ON OUTSIDE EARNED INCOME, EMPLOYMENT AND
AFFILIATIONS FOR CERTAIN NONCAREER EMPLOYEES
0
5. The authority citation for part 2636 is revised to read as follows:
Authority: 5 U.S.C. ch. 131; 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; 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
6. Section 2636.104 is amended by revising paragraph (a) to read as
follows:
Sec. 2636.104 Civil, disciplinary and other action.
(a) Civil action. Except when the employee engages in conduct in
good faith reliance upon an advisory opinion issued under Sec.
2636.103, an employee who engages in any conduct in violation of the
prohibitions, limitations, and restrictions contained in this part may
be subject to civil action under section 504(a) of the Ethics in
Government Act, as amended, and a civil monetary penalty of not more
than the amounts set in Table 1 to this section, as adjusted in
accordance with the inflation adjustment procedures prescribed in the
Federal Civil Penalties Inflation Adjustment Act of 1990, as amended,
or the amount of the compensation the individual received for the
prohibited conduct, whichever is greater.
Table 1 to Sec. 2636.104
------------------------------------------------------------------------
Date of violation Penalty
------------------------------------------------------------------------
Violation occurring between Sept. 29, 1999 and Nov. 2, 2015.. $11,000
Violation occurring after Nov. 2, 2015....................... 23,727
------------------------------------------------------------------------
* * * * *
[FR Doc. 2023-00167 Filed 1-6-23; 8:45 am]
BILLING CODE 6345-03-P