96-27274. New Restrictions on Lobbying

[Federal Register Volume 61, Number 207 (Thursday, October 24, 1996)]
[Rules and Regulations]
[Pages 55097-55098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27274]


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TENNESSEE VALLEY AUTHORITY

18 CFR Part 1315


New Restrictions on Lobbying

AGENCY: Tennessee Valley Authority (TVA).

ACTION: Final rule.

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SUMMARY: The Tennessee Valley Authority is amending its rules regarding 
restrictions on lobbying to make inflation adjustments in the range of 
civil monetary penalties it may assess against persons who violate 
these rules. These adjustments are required by the Federal Civil 
Penalties Inflation Adjustment Act of 1990, as amended.

EFFECTIVE DATE: October 24, 1996.

FOR FURTHER INFORMATION CONTACT: Charles L. Young, Senior Attorney, 
423-632-7304.

SUPPLEMENTARY INFORMATION: Section 4 of the ``Federal Civil Penalties 
Inflation Adjustment Act of 1990'' (Pub. L. 101-410), as amended by the 
``Debt Collection Improvement Act of 1996'' (Pub. L. 104-134), requires 
each Federal agency with statutory authority to assess a civil monetary 
penalty (CMP) to adjust each CMP by the inflation adjustment described 
in section 5 of the Act. Such adjustment is to be made by regulation 
published in the Federal Register. The first inflation adjustment is 
required by October 23, 1996--180 days after the enactment of the 
``Debt Collection Improvement Act of 1996.'' Thereafter, agencies are 
to make inflation adjustments by regulation at least once every four 
years. Any increase in a CMP made pursuant to the Act applies only to 
violations that occur after the date the increase takes effect.
    TVA's only statutory authority to assess a CMP is found at 31 
U.S.C. 1352(c), which describes the range of penalties TVA may impose 
for a violation of that statute's prohibition against use of 
appropriated funds to pay any person for influencing or attempting to 
influence a Federal official in connection with any Federal action and 
for a failure to file a declaration or a declaration amendment as 
required by that statute. The penalties to be imposed for such 
violations and failures to file range from $10,000 to not more than 
$100,000. Application of the standard inflation adjustment formula in 
the Act would result in an increase in this CMP of approximately 22 
percent; however, because the Act limits the initial inflation 
adjustment to a CMP to 10 percent of the penalty specified by statute, 
TVA is amending its rules at 18 CFR 1315.400 (a) and (b) to increase 
the minimum CMP it may assess under 31

[[Page 55098]]

U.S.C. 1352(c) to $11,000 and the maximum CMP it may assess under the 
statute to $110,000.

Matters of Regulatory Procedures

    Notice and an opportunity for public comment are not necessary 
prior to issuance of this final rule because it implements a definitive 
statutory formula mandated by the Act.
    The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply 
because this rule does not contain any information collection 
requirements that require the approval of the Office of Management and 
Budget.

List of Subjects in 18 CFR Part 1315

    Administrative practice and procedures, Penalties.

    For the reasons set out in the preamble, 18 CFR part 1315 is 
amended as follows:

PART 1315--NEW RESTRICTIONS ON LOBBYING

    1. The authority citation for part 1315 is revised to read as 
follows:

    Authority: 16 U.S.C. 831-831dd; 31 U.S.C. 1352.


Sec. 1315.400  [Amended]

    2. Section 1315.400 is amended by removing the figure ``$10,000'' 
and adding in its place ``$11,000'' each time it appears in paragraphs 
(a) and (b) and by removing the figure ``$100,000'' and adding in its 
place $110,000 each time it appears in paragraphs (a) and (b).

    Dated: October 18, 1996.
William L. Osteen,
Associate General Counsel.
[FR Doc. 96-27274 Filed 10-23-96; 8:45 am]
BILLING CODE 8120-01-P