[Federal Register Volume 85, Number 57 (Tuesday, March 24, 2020)]
[Rules and Regulations]
[Pages 16544-16546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05337]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
14 CFR Parts 1264 and 1271
[Document Number NASA-2020-032: Docket Number-NASA-2020-0002]
RIN 2700-AE52
Implementation of the Federal Civil Penalties Inflation
Adjustment Act and Adjustment of Amounts for 2020
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 2020 inflation adjustments of monetary penalties.
[[Page 16545]]
These adjustments are required by the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015.
DATES: This final rule is effective March 24, 2020.
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 1.01764 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 2020. Applying the 2020 multiplier above, the adjustments for each
penalty are summarized below.
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Penalty
Law Penalty description 2019 penalty adjusted for
2020
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Program Fraud Civil Remedies Act of 1986...... Maximum Penalties for False $11,463 $11,665
Claims.
Department of the Interior and Related Minimum Penalty for use of 20,134 20,489
Agencies Appropriations Act of 1989, Public appropriated funds to lobby or
Law 101-121, sec. 319. influence certain contracts.
Department of the Interior and Related Maximum Penalty for use of 201,340 204,892
Agencies Appropriations Act of 1989, Public appropriated funds to lobby or
Law 101-121, sec. 319. influence certain contracts.
Department of the Interior and Related Minimum penalty for failure to 20,134 20,489
Agencies Appropriations Act of 1989, Public report certain lobbying
Law 101-121, sec. 319. transactions.
Department of the Interior and Related Maximum penalty for failure to 201,340 204,892
Agencies Appropriations Act of 1989, Public report certain lobbying
Law 101-121, 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 2020 adjustments are made according
to a statutory formula that does not provide for agency discretion.
Accordingly, a delay in effectiveness of the 2020 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:
[[Page 16546]]
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. Amend Sec. 1264.102, by removing the number ``$11,463'' everywhere
it appears and adding in its place the number ``$11,665.''
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. Amend paragraphs (a) and (b), by removing the words ``not less than
$20,134 and not more than $201,340'' and adding in their place the
words ``not less than $20,489 and not more than $204,892.''
0
b. Amend paragraph (e), by removing ``$20,134'' wherever it appears and
adding in its place ``$20,489'' and removing ``$201,340'' and adding in
its place ``$204,892.''
Appendix A to Part 1271 [Amended]
0
5. Amend appendix A to part 1271 by:
0
a. Removing the number ``$20,134'' everywhere it appears and adding in
its place the number ``$20,489.''
0
b. Removing the number ``$201,340'' everywhere it appears and adding in
its place the number ``$204,892.''
Nanette Smith,
Team Lead for NASA Directives and Regulations, Mission Support
Operations.
[FR Doc. 2020-05337 Filed 3-23-20; 8:45 am]
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