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Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Rules and Regulations Dated: January 11, 2021.
Emory Rounds, Director, U.S. Office of Government Ethics.

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.

1. The authority citation for part 2634
continues to read as follows:

Authority: 5 U.S.C. app.; 26 U.S.C. 1043;
Pub. L. 101410, 104 Stat. 890, 28 U.S.C.
2461 note, as amended by Sec. 31001, Pub.
L. 104134, 110 Stat. 1321 and Sec. 701, Pub.
L. 11474; Pub. L. 112105, 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:

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.

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 104a 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

$50,000
62,313

3. Section 2634.702 is revised to read as follows:

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.

16:10 Jan 29, 2021

PART 2634EXECUTIVE BRANCH
FINANCIAL DISCLOSURE, QUALIFIED
TRUSTS, AND CERTIFICATES OF
DIVESTITURE

Executive Order 13563 and Executive Order 12866

VerDate Sep<11>2014

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:

Jkt 253001

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 2634.408d1 or e1. The court in which the action is brought may assess
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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 102f6Ci 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 2634.702
Date of violation
Penalty
Violation occurring between Sept. 29, 1999 and Nov. 2, 2015
Violation occurring after Nov. 2, 2015

$11,000
20,731

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 2634.408d1 or e1.
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 102f6Cii 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 Violation occurring between Sept. 29, 1999 and Nov. 2, 2015
Violation occurring after Nov. 2, 2015

Penalty $5,500
10,366

4. Section 2634.703 is amended by revising paragraph a 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 105c1 of the Act, as incorporated in 2634.603f. 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 105c2 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

$11,000
20,731

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