Rule2023-08676
Implementation of the Federal Civil Penalties Inflation Adjustment Act and Adjustment of Amounts for 2023
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 25, 2023
Effective
April 25, 2023
Issuing agencies
National Aeronautics and Space Administration
Abstract
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 2023 inflation adjustments of monetary penalties. These adjustments are required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.
Full Text
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<title>Federal Register, Volume 88 Issue 79 (Tuesday, April 25, 2023)</title>
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[Federal Register Volume 88, Number 79 (Tuesday, April 25, 2023)]
[Rules and Regulations]
[Pages 24905-24906]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08676]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
14 CFR Parts 1264 and 1271
RIN 2700-AE67
[NASA Document Number: NASA-23-015]
Implementation of the Federal Civil Penalties Inflation
Adjustment Act and Adjustment of Amounts for 2023
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 2023 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 25, 2023.
FOR FURTHER INFORMATION CONTACT: Bryan R. Diederich, Office of the
General Counsel, NASA Headquarters, (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 United States 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 the
2023 adjustment is 1.07745. 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 2023. Applying the 2023 multiplier above, the adjustments for each
penalty are summarized below.
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Penalty
Law Penalty description 2022 Penalty adjusted
for 2023
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Program Fraud Civil Remedies Act of 1986....... Maximum Penalties for False Claims $12,537 $13,508
Department of the Interior and Related Agencies Minimum Penalty for use of 22,021 23,727
Appropriations Act of 1989, Public Law 101- appropriated funds to lobby or
121, sec. 319. influence certain contracts.
[[Page 24906]]
Department of the Interior and Related Agencies Maximum Penalty for use of 220,213 237,268
Appropriations Act of 1989, Public Law 101- appropriated funds to lobby or
121, sec. 319. influence certain contracts.
Department of the Interior and Related Agencies Minimum penalty for failure to 22,021 23,727
Appropriations Act of 1989, Public Law 101- report certain lobbying
121, sec. 319. transactions.
Department of the Interior and Related Agencies Maximum penalty for failure to 220,213 237,268
Appropriations Act of 1989, Public Law 101- report certain lobbying
121, sec. 319. transactions.
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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 2023 adjustments are made according
to a statutory formula that does not provide for agency discretion.
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\6\ See 5 U.S.C. 533(d).
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Accordingly, a delay in effectiveness of the 2023 adjustments is
not required.
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).
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
No collections of information pursuant to the Paperwork Reduction
Act are contained in the final rule.
List of Subjects in 14 CFR Parts 1264 and 1271
Claims, Lobbying, Penalties.
For the reasons stated in the preamble, NASA is amending 14 CFR
parts 1264 and 1271 as follows:
PART 1264--IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL PENALTIES ACT
OF 1986
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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]
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2. In Sec. 1264.102, in the undesignated paragraphs following
paragraph (a)(1)(iv) and (b)(1)(ii), remove ``$12,537'' and add in its
place ``$13,508''.
PART 1271--NEW RESTRICTIONS ON LOBBYING
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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]
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4. In Sec. 1271.400:
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a. In paragraphs (a) and (b), remove the words ``not less than $22,021
and not more than $220,213'' and add in their place the words ``not
less than $23,727 and not more than $237,268.''
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b. In paragraph (e), remove the two occurrences of ``$22,021'' and add
in their place ``$23,727'' and remove ``$220,213'' and add in its place
``$237,268''.
Appendix A to Part 1271 [Amended]
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5. In appendix A to part 1271:
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a. Remove ``$22,021'' everywhere it appears and add in its place
``$23,727.''
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b. Remove ``$220,213'' everywhere it appears and add in its place
``$237,268.''
Nanette Smith,
Team Lead, NASA Directives and Regulations.
[FR Doc. 2023-08676 Filed 4-24-23; 8:45 am]
BILLING CODE 7510-13-P
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