[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 [www.gpo.gov]
[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

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. 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

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. 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.''
0
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]

0
5. In appendix A to part 1271:
0
a. Remove ``$22,021'' everywhere it appears and add in its place 
``$23,727.''
0
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]
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