3610 Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 

1OGE 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. 

(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. 

§ 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. 

§ 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 

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) 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; 


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Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 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 

■ 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. Section 2634.701 is amended by 

revising paragraph (b) to read as follows: 

§ 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 § 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 

* * * * * 

■ 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 .......................... $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 § 2634.408(d)(1) or (e)(1). 


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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 .......................... $5,500 

Violation occurring after Nov. 2, 2015 ...... 12,567 

■ 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 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. 

TABLE 1 TO § 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 

■ 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: 

§ 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 § 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 § 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 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 2 and 13 

[NRC–2023–0070] 

RIN 3150–AK96 

Adjustment of Civil Penalties for 

Inflation for Fiscal Year 2025 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final rule. 

SUMMARY: 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 

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 


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