2022-07360. Implementation of the Federal Civil Penalties Inflation Adjustment Act and Adjustment of Amounts for 2022
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Start Preamble
Start Printed Page 23107
AGENCY:
National Aeronautics and Space Administration.
ACTION:
Final rule.
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 2022 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 April 19, 2022.
Start Further InfoFOR FURTHER INFORMATION CONTACT:
Bryan R. Diederich, Office of the General Counsel, NASA Headquarters, telephone (202) 358-0216.
End Further Info End Preamble Start Supplemental InformationSUPPLEMENTARY 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.
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 2021 is 1.06222 percent. 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 2022. Applying the 2022 multiplier above, the adjustments for each penalty are summarized below.
Law Penalty description 2021 Penalty Penalty adjusted for 2022 Program Fraud Civil Remedies Act of 1986 Maximum Penalties for False Claims $11,803 $12,537 Department of the Interior and Related Agencies Appropriations Act of 1989, Public Law 101-121, sec. 319 Minimum Penalty for use of appropriated funds to lobby or influence certain contracts 20,731 22,021 Department of the Interior and Related Agencies Appropriations Act of 1989, Public Law 101-121, sec. 319 Maximum Penalty for use of appropriated funds to lobby or influence certain contracts 207,314 220,213 Department of the Interior and Related Agencies Appropriations Act of 1989, Public Law 101-121, sec. 319 Minimum penalty for failure to report certain lobbying transactions 20,731 22,021 Department of the Interior and Related Agencies Appropriations Act of 1989, Public Law 101-121, sec. 319 Maximum penalty for failure to report certain lobbying transactions 207,314 220,213 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.
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 2022 adjustments are made according to a statutory formula that does not Start Printed Page 23108 provide for agency discretion. Accordingly, a delay in effectiveness of the 2022 adjustments is not required.
IV. Regulatory Requirements
Executive Orders 12866 and 13563
Executive Orders (EOs) 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).
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]
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.
Start List of SubjectsList 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:
Start PartPART 1264—IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL PENALTIES ACT OF 1986
End Part Start Amendment Part1. The authority citation for part 1264 continues to read as follows:
End Amendment Part[Amended]2. In § 1264.102, remove the number “$11,803 everywhere it appears and add in its place the number “$12,537”
End Amendment Part Start PartPART 1271—NEW RESTRICTIONS ON LOBBYING
End Part Start Amendment Part3. The authority citation for part 1271 continues to read as follows:
End Amendment Part[Amended]4. In § 1271.400:
End Amendment Part Start Amendment Parta. In paragraphs (a) and (b), remove the words “not less than $20,731 and not more than $207,314” and add in their place the words “not less than $22,021 and not more than $220,213.”
End Amendment Part Start Amendment Partb. In paragraph (e), remove “$20,731” wherever it appears and add in its place “$22,021” and remove “$207,314” and add in its place “$220,213.”
End Amendment PartAppendix A to Part 1271 [Amended]
Start Amendment Part5. In appendix A to part 1271:
End Amendment Part Start Amendment Parta. Remove the number “$20,731” everywhere it appears and add in its place the number “$22,021.”
End Amendment Part Start Amendment Partb. Remove the number “$207,314” everywhere it appears and add in its place the number “$220,213.”
End Amendment Part Start SignatureNanette J. Smith,
Team Lead for NASA Directives and Regulations.
Footnotes
1. See 28 U.S.C. 2461 note.
Back to Citation2. Inflation Adjustment Act section 6, codified at 28 U.S.C. 2461 note.
Back to Citation3. Public Law 101-410, 104 Stat. 890 (1990).
Back to Citation4. Public Law 104-134, section 31001(s)(1), 110 Stat. 1321, 1321-373 (1996).
Back to Citation5. Public Law 114-74, section 701, 129 Stat. 584, 599 (2015).
Back to Citation6. See 5 U.S.C. 533(d).
Back to Citation[FR Doc. 2022-07360 Filed 4-18-22; 8:45 am]
BILLING CODE P
Document Information
- Effective Date:
- 4/19/2022
- Published:
- 04/19/2022
- Department:
- National Aeronautics and Space Administration
- Entry Type:
- Rule
- Action:
- Final rule.
- Document Number:
- 2022-07360
- Dates:
- This final rule is effective April 19, 2022.
- Pages:
- 23107-23108 (2 pages)
- Docket Numbers:
- Document Number NASA-22-025: Docket Number NASA-2022-0003
- RINs:
- 2700-AE63: Implementation of the Federal Civil Penalties Inflation Adjustment Act and Adjustment of Amounts for 2022
- RIN Links:
- https://www.federalregister.gov/regulations/2700-AE63/implementation-of-the-federal-civil-penalties-inflation-adjustment-act-and-adjustment-of-amounts-for
- Topics:
- Claims, Lobbying, Penalties
- PDF File:
- 2022-07360.pdf
- Supporting Documents:
- » National Space Grant College and Fellowship Program
- » Federal Acquisition Regulation Supplements: Award Term
- » Federal Acquisition Regulation Supplements: Revised Voucher Submission and Payment Process
- » Federal Acquisition Regulation Supplement: Award Term
- » Federal Acquisition Regulation Supplement: Removal of Engineering Change Proposals Clause
- » Federal Acquisition Regulation Supplements: Clarification of Award Fee Evaluations and Payments
- » Federal Acquisition Regulation Supplement: Technical Amendments
- » Removal of Outdated and Duplicative Guidance
- » Denied Access to NASA Facilities
- » Profit and Fee under Federal Financial Assistance Awards
- CFR: (2)
- 14 CFR 1264.102
- 14 CFR 1271.400