Federal Civil Monetary Penalties Inflation Adjustment for 2021
| Published date | 15 March 2021 |
| Citation | 86 FR 14244 |
| Record Number | 2021-05312 |
| Section | Rules and Regulations |
| Court | National Aeronautics And Space Administration |
Federal Register, Volume 86 Issue 48 (Monday, March 15, 2021)
[Federal Register Volume 86, Number 48 (Monday, March 15, 2021)]
[Rules and Regulations]
[Pages 14244-14245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05312]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
14 CFR Parts 1264 and 1271
RIN 2700-AE60
[Document Number NASA-21-005: Docket Number NASA-2021-001]
Federal Civil Monetary Penalties Inflation Adjustment for 2021
AGENCY: National Aeronautics and Space Administration.
ACTION: Final rule.
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SUMMARY: The National Aeronautics and Space Administration (NASA) has
adopted a final rule making inflation adjustments to civil monetary
penalties within its jurisdiction. This final rule represents the
annual 2021 inflation adjustments of monetary penalties. These
adjustments are required by the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015.
DATES: This final rule is effective March 15, 2021.
FOR FURTHER INFORMATION CONTACT: Bryan R. Diederich, Office of the
General Counsel, NASA Headquarters, telephone (202) 358-0216.
SUPPLEMENTARY INFORMATION:
I. Background
The Inflation Adjustment Act, as amended by the 2015 Act, required
Federal agencies to adjust the civil penalty amounts within their
jurisdiction for inflation by July 1, 2016. Subsequent to the 2016
adjustment, Federal agencies were required to make an annual inflation
adjustment by January 15 every year thereafter.\1\ Under the amended
Act, any increase in a civil penalty made under the Act will apply to
penalties assessed after the increase takes effect, including penalties
whose associated violation predated the increase.\2\ The inflation
adjustments mandated by the Act serve to maintain the deterrent effect
of civil penalties and to promote compliance with the law.
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\1\ See 28 U.S.C. 2461 note.
\2\ Inflation Adjustment Act section 6, codified at 28 U.S.C.
2461 note.
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Pursuant to the Act, adjustments to the civil penalties are
required to be made by January 15 of each year. The annual adjustments
are based on the percent change between the U.S. Department of Labor's
Consumer Price Index for All Urban Consumers (``CPI-U'') for the month
of October preceding the date of the adjustment and the CPI-U for
October of the prior year (28 U.S.C. 2461 note, section (5)(b)(1)).
Based on that formula, the cost-of-living adjustment multiplier for
2020 is 1.01182. Pursuant to the 2015 Act, adjustments are rounded to
the nearest dollar.
II. The Final Rule
This final rule makes the required adjustments to civil penalties
for 2021. Applying the 2021 multiplier above, the adjustments for each
penalty are summarized below.
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Penalty
Law Penalty description 2020 penalty adjusted for
2021
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Program Fraud Civil Remedies Act of 1986... Maximum Penalties for False Claims. $11,665 $11,803
Department of the Interior and Related Minimum Penalty for use of 20,489 20,731
Agencies Appropriations Act of 1989, appropriated funds to lobby or
Public Law 101-121, sec. 319. influence certain contracts.
Department of the Interior and Related Maximum Penalty for use of 204,892 207,314
Agencies Appropriations Act of 1989, appropriated funds to lobby or
Public Law 101-121, sec. 319. influence certain contracts.
Department of the Interior and Related Minimum penalty for failure to 20,489 20,731
Agencies Appropriations Act of 1989, report certain lobbying
Public Law 101-121, sec. 319. transactions.
Department of the Interior and Related Maximum penalty for failure to 204,892 207,314
Agencies Appropriations Act of 1989, report certain lobbying
Public Law 101-121, sec. 319. transactions.
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[[Page 14245]]
This rule codifies these civil penalty amounts by amending parts
1264 and 1271 of title 14 of the CFR.
III. Legal Authority and Effective Date
NASA issues this rule under the Federal Civil Penalties Inflation
Adjustment Act of 1990,\3\ as amended by the Debt Collection
Improvement Act of 1996,\4\ and further amended by the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015,\5\ which
requires NASA to adjust the civil penalties within its jurisdiction for
inflation according to a statutorily prescribed formula.
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\3\ Public Law 101-410, 104 Stat. 890 (1990).
\4\ Public Law 104-134, section 31001(s)(1), 110 Stat. 1321,
1321-373 (1996).
\5\ Public Law 114-74, section 701, 129 Stat. 584, 599 (2015).
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Section 553 of title 5 of the United States Code generally requires
an agency to publish a rule at least 30 days before its effective date
to allow for advance notice and opportunity for public comments.\6\
After the initial adjustment for 2016, however, the Civil Penalties
Inflation Adjustment Act requires agencies to make subsequent annual
adjustments for inflation ``notwithstanding section 553 of title 5,
United States Code.'' Moreover, the 2021 adjustments are made according
to a statutory formula that does not provide for agency discretion.
Accordingly, a delay in effectiveness of the 2021 adjustments is not
required.
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\6\ See 5 U.S.C. 533(d).
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IV. Regulatory Requirements
Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This rule is not a significant regulatory action under E.O. 12866 and
was not reviewed by the Office of Management and Budget (OMB).
Executive Order 13771
This rule is not an E.O. 13771 regulatory action because this final
rule is not significant under E.O. 12866.
Regulatory Flexibility Act
Because no notice of proposed rulemaking is required, the
Regulatory Flexibility Act does not require an initial or final
regulatory flexibility analysis.\7\
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\7\ 5 U.S.C. 603(a), 604(a).
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Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995,\8\ NASA
reviewed this final rule. No collections of information pursuant to the
Paperwork Reduction Act are contained in the final rule.
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\8\ 44 U.S.C. 3506.
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List of Subjects in 14 CFR Parts 1264 and 1271
Claims, Lobbying, Penalties.
For the reasons stated in the preamble, the National Aeronautics
and Space Administration is amending 14 CFR parts 1264 and 1271 as
follows:
PART 1264--IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL PENALTIES ACT
OF 1986
0
1. The authority citation for part 1264 continues to read as follows:
Authority: 31 U.S.C. 3809, 51 U.S.C. 20113(a).
Sec. 1264.102 [Amended]
0
2. In Sec. 1264.102, remove the number ``$11,665'' everywhere it
appears and add in its place the number ``$11,803.''
PART 1271--NEW RESTRICTIONS ON LOBBYING
0
3. The authority citation for part 1271 continues to read as follows:
Authority: Section 319, Pub. L. 101-121 (31 U.S.C. 1352); Pub.
L. 97-258 (31 U.S.C. 6301 et seq.)
Sec. 1271.400 [Amended]
0
4. In Sec. 1271.400:
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a. In paragraphs (a) and (b), remove the words ``not less than $20,489
and not more than $204,892'' and add in their place the words ``not
less than $20,731 and not more than $207,314.''
0
b. In paragraph (e), remove the two occurrences of ``$20,489'' and add
in their place ``$20,731'' and remove ``$204,892'' and add in its place
``$207,314.''
Appendix A to Part 1271 [Amended]
0
5. In appendix A to part 1271:
0
a. Remove the number ``$20,489'' everywhere it appears and add in its
place the number ``$20,731.''
0
b. Remove the number ``$204,892'' everywhere it appears and add in its
place the number ``$207,314.''
Nanette J. Smith,
Team Lead, NASA Directives and Regulations Management.
[FR Doc. 2021-05312 Filed 3-12-21; 8:45 am]
BILLING CODE 7510-13-P
