Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review
| Published date | 11 January 2021 |
| Citation | 86 FR 1737 |
| Record Number | 2021-00409 |
| Section | Rules and Regulations |
| Court | Executive Office For Immigration Review,Justice Department |
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
Rules and Regulations Federal Register
1737
Vol. 86, No. 6
Monday, January 11, 2021
1
Public Law 101–410, 104 Stat. 890 (codified at
28 U.S.C. 2461 note), amended by Debt Collection
Improvement Act of 1996, Public Law 104–134, sec.
31001(s)(1), 110 Stat. 1321, 1321–373; Federal
Reports Elimination Act of 1998, Public Law 105–
362, sec. 1301, 112 Stat. 3280.
2
Public Law 114–74, sec. 701, 129 Stat. 584, 599.
3
Inflation Adjustment Act sec. 3(2).
4
Inflation Adjustment Act sec. 4(a).
5
See Inflation Adjustment Act sec. 7(a) (requiring
OMB to ‘‘issue guidance to agencies on
implementing the inflation adjustments required
under this Act’’); see also Memorandum from
Russell T. Vought, Director, Office of Management
and Budget, to Heads of Executive Departments and
Agencies, M–21–10, Dec. 23, 2020, https://
www.whitehouse.gov/wp-content/uploads/2020/12/
M-21-10.pdf (‘‘OMB Memorandum’’).
6
Inflation Adjustment Act sec. 5.
7
Inflation Adjustment Act sec. 4(b)(2).
DEPARTMENT OF HOMELAND
SECURITY
RIN 1615–AC42
DEPARTMENT OF JUSTICE
Executive Office for Immigration
Review
8 CFR Parts 1235
[EOIR Docket No. 18–0102; A.G. Order No.
4922–2020]
RIN 1125–AA94
Procedures for Asylum and
Withholding of Removal; Credible Fear
and Reasonable Fear Review
AGENCY
: Department of Homeland
Security; Executive Office for
Immigration Review, Department of
Justice.
ACTION
: Final rule; correction.
SUMMARY
: The Department of Justice is
correcting a final rule that appeared in
the Federal Register on December 11,
2020. That document amended
Department of Homeland Security and
Department of Justice (‘‘the
Departments’’) regulations governing
credible fear determinations.
Individuals found to have a credible fear
will have their claims for asylum,
withholding of removal under
Immigration and Nationality or
protection under the regulations issued
pursuant to the legislation
implementing the Convention Against
Torture and Other Cruel, Inhuman, or
Degrading Treatment or Punishment,
adjudicated by an immigration judge
within the Executive Office for
Immigration Review in streamlined
proceedings (rather than under section
240 of the Act). The final rule also
specifid what standard of review applies
in such streamlined proceedings.
DATES
: Effective on January 11, 2021.
FOR FURTHER INFORMATION CONTACT
:
Lauren Alder Reid, Assistant Director,
Office of Policy, Executive Office for
Immigration Review, 5107 Leesburg
Pike, Falls Church, VA 22041, telephone
(703) 305–0289 (not a toll-free call).
SUPPLEMENTARY INFORMATION
: In FR Rule
Doc. 2020–26875, appearing on page
80400 in the Federal Register of Friday,
December 11, 2020, the following
correction is made:
§ 1235.6 [Corrected]
■1. On page 80400, in the third column,
in part 1235, in amendatory instruction
38c is corrected to read ‘‘Revising
paragraphs (a)(2)(i) and (iii); and’’.
Dated: January 7, 2021.
Rosemary Hart,
Special Counsel and Liaison to the Federal
Register.
[FR Doc. 2021–00409 Filed 1–8–21; 8:45 am]
BILLING CODE 4410–30–P
FEDERAL ELECTION COMMISSION
11 CFR Part 111
[NOTICE 2020–08]
Civil Monetary Penalties Annual
Inflation Adjustments
AGENCY
: Federal Election Commission.
ACTION
: Final rule.
SUMMARY
: As required by the Federal
Civil Penalties Inflation Adjustment Act
of 1990, the Federal Election
Commission is adjusting for inflation
the civil monetary penalties established
under the Federal Election Campaign
Act, the Presidential Election Campaign
Fund Act, and the Presidential Primary
Matching Payment Account Act. The
civil monetary penalties being adjusted
are those negotiated by the Commission
or imposed by a court for certain
statutory violations, and those imposed
by the Commission for late filing of, or
failure to file, certain reports required
by the Federal Election Campaign Act.
The adjusted civil monetary penalties
are calculated according to a statutory
formula and the adjusted amounts will
apply to penalties assessed after the
effective date of these rules.
DATES
: The final rules are effective on
January 11, 2021.
FOR FURTHER INFORMATION CONTACT
: Mr.
Robert M. Knop, Assistant General
Counsel, Mr. Joseph P. Wenzinger,
Attorney, or Ms. Terrell D. Stansbury,
Paralegal, Office of General Counsel,
(202) 694–1650 or (800) 424–9530.
SUPPLEMENTARY INFORMATION
: The
Federal Civil Penalties Inflation
Adjustment Act of 1990 (the ‘‘Inflation
Adjustment Act’’),
1
as amended by the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (the ‘‘2015 Act’’),
2
requires Federal
agencies, including the Commission, to
adjust for inflation the civil monetary
penalties within their jurisdiction
according to prescribed formulas. A
civil monetary penalty is ‘‘any penalty,
fine, or other sanction’’ that (1) ‘‘is for
a specific monetary amount’’ or ‘‘has a
maximum amount’’ under Federal law;
and (2) that a Federal agency assesses or
enforces ‘‘pursuant to an administrative
proceeding or a civil action’’ in Federal
court.
3
Under the Federal Election
Campaign Act, 52 U.S.C. 30101–45
(‘‘FECA’’), the Commission may seek
and assess civil monetary penalties for
violations of FECA, the Presidential
Election Campaign Fund Act, 26 U.S.C.
9001–13, and the Presidential Primary
Matching Payment Account Act, 26
U.S.C. 9031–42.
The Inflation Adjustment Act requires
Federal agencies to adjust their civil
penalties annually, and the adjustments
must take effect no later than January 15
of every year.
4
Pursuant to guidance
issued by the Office of Management and
Budget,
5
the Commission is now
adjusting its civil monetary penalties for
2021.
6
The Commission must adjust for
inflation its civil monetary penalties
‘‘notwithstanding Section 553’’ of the
Administrative Procedure Act
(‘‘APA’’).
7
Thus, the APA’s notice-and-
comment and delayed effective date
requirements in 5 U.S.C. 553(b)–(d) do
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