2025 Civil Monetary Penalties Inflation Adjustments for Ethics in Government Act Violations, 3610-3612 [2025-00671]
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3610
Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations
(5) The name, mailing address,
telephone number, and email address of
the employee and their representative (if
applicable); and
(6) The name, mailing address,
telephone number, and email address of
the VA official who issued the order
pursuant to 38 U.S.C. 723(a)(3).
(c) VA submission of evidence file.
OPM will notify the VA upon receipt of
a complete, timely appeal. The VA must
provide OPM a copy of the evidence
file-as soon as possible but no later than
five business days. If necessary, OPM
may request VA provide information in
addition to the evidence file. Any
additional information requested by
OPM must be provided to OPM within
five business days after OPM’s request.
VA must also furnish a copy of any
additional information requested by and
provided to OPM to the employee. VA’s
failure to provide the evidence file or
any requested additional information to
OPM will result in a finding against VA.
(d) Employee representative. An
employee may select a representative of
their choice to assist in the preparation
and submission of an appeal. An appeal
filed by their representative must be
supported by a duly executed power of
attorney or other written documentation
by the employee designating the
representative. OPM may disallow as an
employee’s representative an individual
whose activities as representative would
cause a conflict of interest or position;
an employee of any agency who cannot
be released from official duties because
of the priority needs of the Government;
or an employee of any agency whose
release would give rise to unreasonable
costs to the Government.
lotter on DSK11XQN23PROD with RULES1
§ 755.203
Basis of appeal decision.
The burden is upon the employee to
establish the timeliness of the appeal
and to explain why the VA’s order is in
error. OPM’s decision is based upon the
written record only, which will include
the submissions by the employee and
the agency. OPM will accept the facts
found by the VA regarding the
disciplinary or adverse action,
performance-based action, or other type
of finding or action, if any, which was
relied upon by the VA in making its
recoupment decision. OPM may uphold
the VA order if the employee or their
designated representative fails to
provide requested information. OPM’s
review of the VA order is limited to
whether the procedures in VA’s policies
on recoupment of relocation expenses
pursuant to 38 U.S.C. 723 were
followed. In the absence of such
policies, OPM’s review is limited to
compliance with 38 U.S.C. 723.
VerDate Sep<11>2014
16:28 Jan 14, 2025
Jkt 265001
§ 755.204
Form of appeal decision.
Within 30 business days after
receiving an appeal, OPM will make a
decision on the employee’s appeal.
OPM will then send a written appeal
decision to the employee or their
representative advising whether the VA
order is upheld by OPM. OPM will send
the agency a copy of the appeal
decision.
§ 755.205
Finality of appeal decision.
Pursuant to 38 U.S.C. 723(b)(2), the
OPM appeal decision is final; no further
administrative review is available
within OPM.
[FR Doc. 2025–00583 Filed 1–14–25; 8:45 am]
BILLING CODE 6325–39–P
OFFICE OF GOVERNMENT ETHICS
5 CFR Parts 2634 and 2636
RIN 3209–AA71
2025 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 2025 annual adjustments to the
Ethics in Government Act civil
monetary penalties.
DATES: This final rule is effective
January 15, 2025.
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:
SUMMARY:
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 annual inflationary
adjustments to the civil monetary
penalties (CMPs) within their
jurisdiction, to be effective no later than
January 15 of each year.
The Ethics in Government Act as
amended, chapter 131, title 5 of the
United States Code, provides for five
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CMPs.1 Specifically, the Ethics in
Government 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)(1), 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 in Government Act
CMPs, and is issuing this rulemaking to
effectuate the 2025 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 2025, based on the CPI–
U for October 2024, not seasonally
adjusted, is 1.02598. To calculate the
2025 annual adjustment, agencies must
multiply the most recent penalty by the
1.02598 multiplier, and round to the
nearest dollar.
Applying the formula established by
the 2015 Act and OMB guidance, OGE
is amending the Ethics in Government
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
$24,496—to a maximum of $25,132;
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 5 U.S.C. 13106(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).
The late filing fee for public financial disclosure
reports that are more than 30 days overdue will
remain at its current amount of $200.
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15JAR1
Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations
(2) Increase the penalty reflected in 5
CFR 2634.702(b)—which was
previously adjusted to a maximum of
$12,249—to a maximum of $12,567; and
(3) Increase the penalty reflected in 5
CFR 2634.701(b)—which was
previously adjusted to a maximum of
$73,627—to a maximum of $75,540.
These adjusted penalty amounts will
apply to penalties for violations that
occurred after November 2, 2015 and
that are assessed after January 15, 2025
(the effective date of this final rule).
OGE will continue to make future
annual inflationary adjustments to the
Ethics in Government 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
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
5 U.S.C. 553(b) 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.
lotter on DSK11XQN23PROD with RULES1
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 rule
would not significantly or uniquely
affect small governments and will not
VerDate Sep<11>2014
15:48 Jan 14, 2025
Jkt 265001
3611
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.
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.
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.
§ 2634.701
reports.
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 8, 2025.
David Huitema,
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
2. Section 2634.701 is amended by
revising paragraph (b) to read as follows:
■
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 paragraph (b), as provided by 5
U.S.C. 13106(a)(1), 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(b)
Date of violation
Penalty
Violation occurring between Sept. 14,
2007 and Nov. 2, 2015 ..........................
Violation occurring after Nov. 2, 2015 ......
$50,000
75,540
*
*
*
*
*
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
the amounts set forth in table 1 to this
paragraph (a), as provided by section 5
U.S.C. 13104(f)(6)(C)(i) 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 § 2634.702(a)
Date of violation
Penalty
■
Violation occurring between Sept. 29,
1999 and Nov. 2, 2015 ..........................
Violation occurring after Nov. 2, 2015 ......
$11,000
25,132
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.
(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).
1. The authority citation for part 2634
continues to read as follows:
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3612
Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations
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 paragraph (b), as provided by 5
U.S.C. 13104(f)(6)(C)(ii) 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(b)
Date of violation
Penalty
Violation occurring between Sept. 29,
1999 and Nov. 2, 2015 ..........................
Violation occurring after Nov. 2, 2015 ......
$5,500
12,567
4. Section 2634.703 is revised to read
as follows:
■
§ 2634.703
TABLE 1 TO § 2636.104(a)
Date of violation
Penalty
Violation occurring between Sept. 29,
1999 and Nov. 2, 2015 ..........................
Violation occurring after Nov. 2, 2015 ......
$11,000
25,132
(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
5. The authority citation for part 2636
continues 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.
6. Section 2636.104 is amended by
revising paragraph (a) to read as follows:
■
16:28 Jan 14, 2025
Date of violation
Penalty
Violation occurring between Sept. 29,
1999 and Nov. 2, 2015 ..........................
Violation occurring after Nov. 2, 2015 ......
$11,000
25,132
*
*
*
*
*
[FR Doc. 2025–00671 Filed 1–14–25; 8:45 am]
BILLING CODE 6345–04–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Parts 2 and 13
[NRC–2023–0070]
RIN 3150–AK96
TABLE 1 TO § 2634.703(a)
VerDate Sep<11>2014
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
of the prohibitions, limitations, and
restrictions contained in this part may
be subject to civil action under 5 U.S.C.
13145(a), and a civil monetary penalty
of not more than the amounts set in
table 1 to this paragraph (a), 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.
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 5
U.S.C. 13107(c)(1), 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 to this paragraph (a), as
provided by 5 U.S.C. 13107(c)(2) 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
§ 2636.104
action.
Jkt 265001
Adjustment of Civil Penalties for
Inflation for Fiscal Year 2025
Nuclear Regulatory
Commission.
ACTION: Final rule.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is amending its
regulations to adjust the maximum civil
monetary penalties it can assess under
statutes enforced by the agency. These
changes are mandated by the Federal
Civil Penalties Inflation Adjustment Act
of 1990, as amended by the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015. The NRC is
amending its regulations to adjust the
maximum civil monetary penalty for a
violation of the Atomic Energy Act of
1954, as amended, or any regulation or
order issued under the Atomic Energy
Act from $362,814 to $372,240 per
violation, per day. Additionally, the
NRC is amending provisions concerning
program fraud civil penalties by
adjusting the maximum civil monetary
penalty under the Program Fraud Civil
SUMMARY:
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Fmt 4700
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Remedies Act from $13,946 to $14,308
for each false claim or statement.
DATES: This final rule is effective on
January 15, 2025.
ADDRESSES: Please refer to Docket ID
NRC–2023–0070 when contacting the
NRC about the availability of
information for this action. You may
obtain publicly available information
related to this action by any of the
following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2023–0070. Address
questions about NRC dockets to Helen
Chang; telephone: 301–415–3228; email:
Helen.Chang@nrc.gov. For technical
questions, contact the individual listed
in the FOR FURTHER INFORMATION
CONTACT section of this document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly
available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘Begin Web-based ADAMS Search.’’ For
problems with ADAMS, please contact
the NRC’s Public Document Room (PDR)
reference staff at 1–800–397–4209, 301–
415–4737, or by email to
PDR.Resource@nrc.gov. The ADAMS
accession number for each document
referenced (if it is available in ADAMS)
is provided the first time that it is
mentioned in the SUPPLEMENTARY
INFORMATION section.
• NRC’s PDR: The PDR, where you
may examine and order copies of
publicly available documents, is open
by appointment. To make an
appointment to visit the PDR, please
send an email to PDR.Resource@nrc.gov
or call 1–800–397–4209 or 301–415–
4737, between 8 a.m. and 4 p.m. eastern
time, Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Krupskaya Castellon, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–287–9221, email:
Krupskaya.Castellon@nrc.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Discussion
III. Rulemaking Procedure
IV. Section-by-Section Analysis
V. Regulatory Analysis
VI. Regulatory Flexibility Act
VII. Backfitting and Issue Finality
VIII. Plain Writing
IX. National Environmental Policy Act
X. Paperwork Reduction Act
XI. Congressional Review Act
E:\FR\FM\15JAR1.SGM
15JAR1
Agencies
[Federal Register Volume 90, Number 9 (Wednesday, January 15, 2025)]
[Rules and Regulations]
[Pages 3610-3612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00671]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF GOVERNMENT ETHICS
5 CFR Parts 2634 and 2636
RIN 3209-AA71
2025 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 2025 annual adjustments
to the Ethics in Government Act civil monetary penalties.
DATES: This final rule is effective January 15, 2025.
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 annual inflationary adjustments
to the civil monetary penalties (CMPs) within their jurisdiction, to be
effective no later than January 15 of each year.
The Ethics in Government Act as amended, chapter 131, title 5 of
the United States Code, provides for five CMPs.\1\ Specifically, the
Ethics in Government 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
5 U.S.C. 13106(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). The late filing fee for public
financial disclosure reports that are more than 30 days overdue 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)(1), 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 in
Government Act CMPs, and is issuing this rulemaking to effectuate the
2025 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 2025, based on the CPI-U for October 2024, not
seasonally adjusted, is 1.02598. To calculate the 2025 annual
adjustment, agencies must multiply the most recent penalty by the
1.02598 multiplier, and round to the nearest dollar.
Applying the formula established by the 2015 Act and OMB guidance,
OGE is amending the Ethics in Government 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 $24,496--to a maximum of $25,132;
[[Page 3611]]
(2) Increase the penalty reflected in 5 CFR 2634.702(b)--which was
previously adjusted to a maximum of $12,249--to a maximum of $12,567;
and
(3) Increase the penalty reflected in 5 CFR 2634.701(b)--which was
previously adjusted to a maximum of $73,627--to a maximum of $75,540.
These adjusted penalty amounts will apply to penalties for
violations that occurred after November 2, 2015 and that are assessed
after January 15, 2025 (the effective date of this final rule). OGE
will continue to make future annual inflationary adjustments to the
Ethics in Government 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 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 5 U.S.C. 553(b) 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 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 8, 2025.
David Huitema,
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 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. 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
paragraph (b), as provided by 5 U.S.C. 13106(a)(1), 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(b)
------------------------------------------------------------------------
Date of violation Penalty
------------------------------------------------------------------------
Violation occurring between Sept. 14, 2007 and Nov. 2, 2015... $50,000
Violation occurring after Nov. 2, 2015........................ 75,540
------------------------------------------------------------------------
* * * * *
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 paragraph (a), as provided by
section 5 U.S.C. 13104(f)(6)(C)(i) 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(a)
------------------------------------------------------------------------
Date of violation Penalty
------------------------------------------------------------------------
Violation occurring between Sept. 29, 1999 and Nov. 2, 2015... $11,000
Violation occurring after Nov. 2, 2015........................ 25,132
------------------------------------------------------------------------
(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).
[[Page 3612]]
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 paragraph (b), as provided by 5
U.S.C. 13104(f)(6)(C)(ii) 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(b)
------------------------------------------------------------------------
Date of violation Penalty
------------------------------------------------------------------------
Violation occurring between Sept. 29, 1999 and Nov. 2, 2015... $5,500
Violation occurring after Nov. 2, 2015........................ 12,567
------------------------------------------------------------------------
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 5 U.S.C. 13107(c)(1), 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 paragraph (a), as
provided by 5 U.S.C. 13107(c)(2) 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(a)
------------------------------------------------------------------------
Date of violation Penalty
------------------------------------------------------------------------
Violation occurring between Sept. 29, 1999 and Nov. 2, 2015... $11,000
Violation occurring after Nov. 2, 2015........................ 25,132
------------------------------------------------------------------------
(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 continues 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 5 U.S.C. 13145(a), and a civil
monetary penalty of not more than the amounts set in table 1 to this
paragraph (a), 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(a)
------------------------------------------------------------------------
Date of violation Penalty
------------------------------------------------------------------------
Violation occurring between Sept. 29, 1999 and Nov. 2, 2015... $11,000
Violation occurring after Nov. 2, 2015........................ 25,132
------------------------------------------------------------------------
* * * * *
[FR Doc. 2025-00671 Filed 1-14-25; 8:45 am]
BILLING CODE 6345-04-P