Civil Monetary Penalty Inflation Adjustment, 2144-2146 [2024-00647]
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Federal Register / Vol. 89, No. 9 / Friday, January 12, 2024 / Rules and Regulations
PART 588—WESTERN BALKANS
STABILIZATION REGULATIONS
PART 592—ROUGH DIAMONDS
CONTROL REGULATIONS
Subpart G—Penalties
■
52. The authority citation for part 588
continues to read as follows:
■
58. The authority citation for part 592
continues to read as follows:
■
Authority: 3 U.S.C. 301; 31 U.S.C. 321(b);
50 U.S.C. 1601–1651, 1701–1706; 22 U.S.C.
287c; Pub. L. 101–410, 104 Stat. 890, as
amended (28 U.S.C. 2461 note); E.O. 13219,
66 FR 34777, 3 CFR, 2001 Comp., p. 778; E.O.
13304, 68 FR 32315, 3 CFR, 2004 Comp., p.
229; E.O. 14033, 86 FR 43905, 3 CFR, 2022
Comp., p. 591.
Authority: 3 U.S.C. 301; 19 U.S.C. 3901–
3913; 31 U.S.C. 321(b); Pub. L. 101–410, 104
Stat. 890, as amended (28 U.S.C. 2461 note);
E.O. 13312, 68 FR 45151, 3 CFR, 2003 Comp.,
p. 246.
Bradley T. Smith,
Director, Office of Foreign Assets Control.
Subpart G—Penalties and Findings of
Violation
■
§ 588.701
[Amended]
53. In § 588.701, in paragraph (a)(2),
remove ‘‘$356,579’’ and add in its place
‘‘$368,136’’.
■
PART 589—UKRAINE-/RUSSIARELATED SANCTIONS REGULATIONS
54. The authority citation for part 589
continues to read as follows:
■
Authority: 3 U.S.C. 301; 22 U.S.C. 8901–
8910, 8921–8930; 31 U.S.C. 321(b); 50 U.S.C.
1601–1651, 1701–1706; Pub. L. 101–410, 104
Stat. 890, as amended (28 U.S.C. 2461 note);
Pub. L. 115–44, 131 Stat. 886 (codified in
scattered sections of 22 U.S.C.); E.O. 13660,
79 FR 13493, 3 CFR, 2014 Comp., p. 226; E.O.
13661, 79 FR 15535, 3 CFR, 2014 Comp., p.
229; E.O. 13662, 79 FR 16169, 3 CFR, 2014
Comp., p. 233; E.O. 13685, 79 FR 77357, 3
CFR, 2014 Comp., p. 313.
Subpart G—Penalties and Findings of
Violation
§ 589.701
55. In § 589.701, in paragraph (a)(2),
remove ‘‘$356,579’’ and add in its place
‘‘$368,136’’.
56. The authority citation for part 590
continues to read as follows:
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Authority: 3 U.S.C. 301; 31 U.S.C. 321(b);
50 U.S.C. 1601–1651, 1701–1706; Pub. L.
101–410, 104 Stat. 890, as amended (28
U.S.C. 2461 note); E.O. 13581, 76 FR 44757,
3 CFR, 2011 Comp., p. 260; E.O. 13863, 84
FR 10255, 3 CFR, 2019 Comp., p. 267.
Subpart G—Penalties and Findings of
Violation
§ 590.701
§ 592.601
[Amended]
DEPARTMENT OF DEFENSE
59. In § 592.601, in paragraph (a)(2),
remove ‘‘$16,108’’ and add in its place
‘‘$16,630’’.
PART 594—GLOBAL TERRORISM
SANCTIONS REGULATIONS
60. The authority citation for part 594
is revised to read as follows:
■
Authority: 3 U.S.C. 301; 22 U.S.C. 287c; 22
U.S.C. 9404–9411; 31 U.S.C. 321(b); 50 U.S.C.
1601–1651, 1701–1706; Pub. L. 101–410, 104
Stat. 890, as amended (28 U.S.C. 2461 note);
Pub. L. 114–102, 129 Stat. 2205, as amended
(50 U.S.C. 1701 note); Pub. L. 115–348, 132
Stat. 5055 (50 U.S.C. 1701 note); E.O. 13224,
66 FR 49079, 3 CFR, 2001 Comp., p. 786; E.O.
13268, 67 FR 44751, 3 CFR 2002 Comp., p.
240; E.O. 13284, 68 FR 4075, 3 CFR, 2003
Comp., p. 161; E.O. 13372, 70 FR 8499, 3
CFR, 2006 Comp., p. 159; E.O. 13886, 84 FR
48041, 3 CFR, 2019 Comp., p. 356.
Subpart G—Penalties
§ 594.701
[Amended]
61. In § 594.701, in paragraph (a)(2),
remove ‘‘$356,579’’ and add in its place
‘‘$368,136’’.
■
Subpart G—Penalties
§ 597.701
[Amended]
63. In § 597.701, in paragraph (b)(3),
remove ‘‘$94,127’’ and add in its place
‘‘$97,178’’.
■
PART 598—FOREIGN NARCOTICS
KINGPIN SANCTIONS REGULATIONS
64. The authority citation for part 598
continues to read as follows:
57. In § 590.701, in paragraph (a)(2),
remove ‘‘$356,579’’ and add in its place
‘‘$368,136’’.
■
15:08 Jan 11, 2024
Authority: 8 U.S.C. 1189; 18 U.S.C. 2339B;
31 U.S.C. 321(b); Pub. L. 101–410, 104 Stat.
890, as amended (28 U.S.C. 2461 note).
■
[Amended]
VerDate Sep<11>2014
PART 597—FOREIGN TERRORIST
ORGANIZATIONS SANCTIONS
REGULATIONS
62. The authority citation for part 597
continues to read as follows:
■
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BILLING CODE 4810–AL–P
■
PART 590—TRANSNATIONAL
CRIMINAL ORGANIZATIONS
SANCTIONS REGULATIONS
[Amended]
65. In § 598.701, in paragraph (a)(4),
remove ‘‘$1,771,754’’ and add in its
place ‘‘$1,829,177’’.
Subpart F—Penalties
[Amended]
■
§ 598.701
Authority: 3 U.S.C. 301; 21 U.S.C. 1901–
1908; 31 U.S.C. 321(b); Pub. L. 101–410, 104
Stat. 890, as amended (28 U.S.C. 2461 note).
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Office of the Secretary
32 CFR Part 269
[Docket ID: DOD–2016–OS–0045]
RIN 0790–AL72
Civil Monetary Penalty Inflation
Adjustment
Office of the Under Secretary of
Defense (Comptroller), Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
The DoD is issuing this final
rule to adjust each of its statutory civil
monetary penalties (CMP) to account for
inflation. The Federal Civil Penalties
Inflation Adjustment Act of 1990, as
amended by the Debt Collection
Improvement Act of 1996 and the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (the 2015 Act), requires the head
of each agency to adjust for inflation its
CMP levels in effect as of November 2,
2015, under a revised methodology that
was effective for 2016 and for each year
thereafter.
DATES: This rule is effective January 15,
2024.
FOR FURTHER INFORMATION CONTACT:
Dzenana Dzanic, 703–508–9277.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background Information
The Federal Civil Penalties Inflation
Adjustment Act of 1990, Public Law
101–410, codified at 28 U.S.C. 2461,
note, as amended, requires agencies to
annually adjust the level of CMPs for
inflation to improve their effectiveness
and maintain their deterrent effect.
Section 2461 requires that not later than
July 1, 2016, and not later than January
15 of every year thereafter, the head of
each agency must adjust each CMP
within its jurisdiction by the inflation
adjustment set forth therein. The
inflation adjustment is determined by
increasing the maximum CMP or the
range of minimum and maximum CMPs,
as applicable, for each CMP by the cost-
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Federal Register / Vol. 89, No. 9 / Friday, January 12, 2024 / Rules and Regulations
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of-living adjustment, rounded to the
nearest multiple of $1. The cost-ofliving adjustment is the percentage (if
any) for each CMP by which the
Consumer Price Index (CPI) for the
month of October preceding the date of
the adjustment exceeds the CPI for the
month of October in the previous
calendar year.
The initial catch up adjustments for
inflation to the DoD’s CMPs were
published as an interim final rule in the
Federal Register on May 26, 2016 (81
FR 33389–33391) and became effective
on that date. The interim final rule was
published as a final rule without change
on September 12, 2016 (81 FR 62629–
62631), effective that date. The revised
methodology for agencies for 2017 and
each year thereafter provides for the
improvement of the effectiveness of
CMPs to maintain their deterrent effect.
The DoD is adjusting the level of all
civil monetary penalties under its
jurisdiction by the Office of
Management and Budget (OMB)
directed cost-of-living adjustment
multiplier for 2024 of 1.03241
prescribed in OMB Memorandum M–
24–07, ‘‘Implementation of Penalty
Inflation Adjustments for 2024,
Pursuant to the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015.’’ The DoD’s 2024
adjustments for inflation to CMPs apply
only to those CMPs, including those
whose associated violation predated
such adjustment, which are assessed by
the DoD after the effective date of the
new CMP level.
Statement of Authority and Costs and
Benefits
Pursuant to 5 U.S.C. 553(b)B, there is
good cause to issue this rule without
prior public notice or opportunity for
public comment because it would be
impracticable and unnecessary. The
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (Section 2461) requires agencies,
effective 2017, to make annual
adjustments for inflation to CMPs
notwithstanding 5 U.S.C. 553.
Additionally, the methodology used,
effective 2017, for adjusting CMPs for
inflation is established in statute, with
no discretion provided to agencies
regarding the substance of the
adjustments for inflation to CMPs. The
DoD is charged only with performing
ministerial computations to determine
the dollar amount of adjustments for
inflation to CMPs. Accordingly, prior
public notice and an opportunity to
comment are not required for this rule.
For the same reasons, there is good
cause under 5 U.S.C. 553(d)(3) to waive
the 30-day delay in effective date.
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15:08 Jan 11, 2024
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Further, there are no significant costs
associated with the regulatory revisions
that would impose any mandates on the
DoD, Federal, State or local
governments, or the private sector.
Accordingly, prior public notice and an
opportunity for public comment are not
required for this rule. The benefit of this
rule is the DoD anticipates that civil
monetary penalty collections may
increase in the future due to new
penalty authorities and other changes in
this rule. However, it is difficult to
accurately predict the extent of any
increase, if any, due to a variety of
factors, such as budget and staff
resources, the number and quality of
civil penalty referrals or leads, and the
length of time needed to investigate and
resolve a case.
This rule has been designated ‘‘not
significant,’’ under the amended section
3(f) of Executive Order 12866.
Regulatory Procedures
Unfunded Mandates Reform Act (2
U.S.C. Chapter 25)
Section 202 of the Unfunded
Mandates Reform Act of 1995 (UMRA)
(2 U.S.C. 1532) requires agencies to
assess anticipated costs and benefits
before issuing any rule the mandates of
which require spending in any year of
$100 million in 1995 dollars, updated
annually for inflation. This rule will not
mandate any requirements for State,
local, or tribal governments, nor will it
affect private sector costs.
Executive Order 12866, ‘‘Regulatory
Planning and Review’’ and Executive
Order 13563, ‘‘Improving Regulation
and Regulatory Review’’
Executive Order 14094, ‘‘Modernizing
Regulatory Review,’’ supplements and
reaffirms the principles, structures, and
definitions governing contemporary
regulatory review established in
Executive Order 12866 of September 30,
1993 (Regulatory Planning and Review),
and Executive Order 13563 of January
18, 2011 (Improving Regulation and
Regulatory Review). In accordance with
paragraph (b) of Executive Order 14094,
section 3(f) of Executive Order 12866 is
amended to read as follows: ‘‘Significant
regulatory action’’ means any regulatory
action that is likely to result in a rule
that may:
(1) Have an annual effect on the
economy of $200 million or more
(adjusted every 3 years by the
Administrator of OIRA for changes in
gross domestic product); or adversely
affect in a material way the economy, a
sector of the economy, productivity,
competition, jobs, the environment,
public health or safety, or State, local,
territorial, or tribal governments or
communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
(4) Raise legal or policy issues for
which centralized review would
meaningfully further the President’s
priorities or the principles set forth in
this Executive order, as specifically
authorized in a timely manner by the
Administrator of OIRA in each case.
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Congressional Review Act, 5 U.S.C.
804(2)
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. A major rule may
take effect no earlier than 60 calendar
days after Congress receives the rule
report or the rule is published in the
Federal Register, whichever is later.
This rule is not a major rule, as defined
by 5 U.S.C. 804(2).
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. Chapter 6)
The Under Secretary of Defense
(Comptroller) certified that this rule is
not subject to the Regulatory Flexibility
Act (5 U.S.C. 601) because it would not,
if promulgated, have a significant
economic impact on a substantial
number of small entities. Therefore, the
Regulatory Flexibility Act, as amended,
does not require DoD to prepare a
regulatory flexibility analysis.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
The Paperwork Reduction Act was
enacted to minimize the paperwork
burden for individuals; small
businesses; educational and nonprofit
institutions; Federal contractors; State,
local and tribal governments; and other
persons resulting from the collection of
information by or for the Federal
government. The Act requires agencies
obtain approval from the OMB before
using identical questions to collect
information from ten or more persons.
This rule does not impose reporting or
recordkeeping requirements on the
public.
Executive Order 13132, ‘‘Federalism’’
Executive Order 13132 establishes
certain requirements that an agency
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Federal Register / Vol. 89, No. 9 / Friday, January 12, 2024 / Rules and Regulations
must meet when it promulgates a rule
that imposes substantial direct
requirement costs on State and local
governments, preempts State law, or
otherwise has Federalism implications.
This final rule will not have a
substantial effect on State and local
governments.
Executive Order 13175, ‘‘Consultation
and Coordination With Indian Tribal
Governments’’
It has been determined that this rule
will not have a substantial effect on
Indian tribal governments. This rule
does not impose substantial direct
compliance costs on one or more Indian
tribes, preempt tribal law, or effect the
distribution of power and
responsibilities between the Federal
government and Indian tribes.
List of Subjects in 32 CFR Part 269
Administrative practice and
procedure, Penalties.
Accordingly, 32 CFR part 269 is
amended as follows.
PART 269—CIVIL MONETARY
PENALTY INFLATION ADJUSTMENT
Authority: 28 U.S.C. 2461 note.
2. In § 269.4, revise paragraph (d) to
read as follows:
■
§ 269.4 Cost of living adjustments of civil
monetary penalties.
*
*
*
*
*
(d) Inflation adjustment. Maximum
civil monetary penalties within the
jurisdiction of the Department are
adjusted for inflation as follows:
1. The authority citation for 32 CFR
part 269 continues to read as follows:
■
TABLE 1 TO PARAGRAPH (d)
Maximum
penalty amount
as of 2023
($)
New adjusted
maximum
penalty amount
($)
$156,108
$161,168
13,707
14,152
8,106
54,036
2,234
8,368
55,788
2,306
13,508
13,508
24,163
13,946
13,946
24,946
Claims submitted with a false certification of physician license
24,163
24,946
Claims presented by excluded party ..........................................
24,163
24,946
Employing or contracting with an excluded individual ................
24,163
24,946
Pattern of claims for medically unnecessary services/supplies
24,163
24,946
Ordering or prescribing while excluded ......................................
24,163
24,946
Known retention of an overpayment ...........................................
24,163
24,946
Making or using a false record or statement that is material to
a false or fraudulent claim.
Failure to grant timely access to OIG for audits, investigations,
evaluations, or other statutory functions of OIG.
Making false statements, omissions, misrepresentations in an
enrollment application.
Unlawfully offering, paying, soliciting, or receiving remuneration
to induce or in return for the referral of business in violation
of 1128B(b) of the Social Security Act.
120,816
124,731
36,245
37,420
120,816
124,731
120,816
124,731
United States Code
Civil monetary penalty description
National Defense Authorization Act for FY
2005, 10 U.S.C. 113, note.
10 U.S.C. 1094(c)(1) ..................................
10 U.S.C. 1102(k) ......................................
Unauthorized Activities Directed at or Possession of Sunken
Military Craft.
Unlawful Provision of Health Care ..............................................
Wrongful Disclosure—Medical Records:
First Offense ................................................................................
Subsequent Offense ...................................................................
Violation of the Pentagon Reservation Operation and Parking
of Motor Vehicles Rules and Regulations.
Violation Involving False Claim ...................................................
Violation Involving False Statement ............................................
False claims ................................................................................
10 U.S.C. 2674(c)(2) ..................................
31 U.S.C. 3802(a)(1) .................................
31 U.S.C. 3802(a)(2) .................................
42 U.S.C. 1320a–7a(a); 32 CFR
200.210(a)(1).
42 U.S.C. 1320a–7a(a); 32 CFR
200.210(a)(1).
42 U.S.C. 1320a–7a(a); 32 CFR
200.210(a)(2).
42 U.S.C. 1320a–7a(a); 32 CFR
200.210(a)(2); (b)(2)(ii).
42 U.S.C. 1320a–7a(a); 32 CFR
200.210(a)(1).
42 U.S.C. 1320a–7a(a); 32 CFR
200.210(a)(2).
42 U.S.C. 1320a–7a(a); 32 CFR
200.210(a)(5).
42 U.S.C. 1320a–7a(a); 32 CFR
200.210(a)(4).
42 U.S.C. 1320a–7a(a); 32 CFR
200.210(a)(6).
42 U.S.C. 1320a–7a(a); 32 CFR
200.210(a)(3).
42 U.S.C. 1320a–7a(a); 32 CFR
200.310(a).
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Dated: January 9, 2024.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2024–00647 Filed 1–11–24; 8:45 am]
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]]>Agencies
[Federal Register Volume 89, Number 9 (Friday, January 12, 2024)]
[Rules and Regulations]
[Pages 2144-2146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00647]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 269
[Docket ID: DOD-2016-OS-0045]
RIN 0790-AL72
Civil Monetary Penalty Inflation Adjustment
AGENCY: Office of the Under Secretary of Defense (Comptroller),
Department of Defense (DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The DoD is issuing this final rule to adjust each of its
statutory civil monetary penalties (CMP) to account for inflation. The
Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by
the Debt Collection Improvement Act of 1996 and the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015
Act), requires the head of each agency to adjust for inflation its CMP
levels in effect as of November 2, 2015, under a revised methodology
that was effective for 2016 and for each year thereafter.
DATES: This rule is effective January 15, 2024.
FOR FURTHER INFORMATION CONTACT: Dzenana Dzanic, 703-508-9277.
SUPPLEMENTARY INFORMATION:
Background Information
The Federal Civil Penalties Inflation Adjustment Act of 1990,
Public Law 101-410, codified at 28 U.S.C. 2461, note, as amended,
requires agencies to annually adjust the level of CMPs for inflation to
improve their effectiveness and maintain their deterrent effect.
Section 2461 requires that not later than July 1, 2016, and not later
than January 15 of every year thereafter, the head of each agency must
adjust each CMP within its jurisdiction by the inflation adjustment set
forth therein. The inflation adjustment is determined by increasing the
maximum CMP or the range of minimum and maximum CMPs, as applicable,
for each CMP by the cost-
[[Page 2145]]
of-living adjustment, rounded to the nearest multiple of $1. The cost-
of-living adjustment is the percentage (if any) for each CMP by which
the Consumer Price Index (CPI) for the month of October preceding the
date of the adjustment exceeds the CPI for the month of October in the
previous calendar year.
The initial catch up adjustments for inflation to the DoD's CMPs
were published as an interim final rule in the Federal Register on May
26, 2016 (81 FR 33389-33391) and became effective on that date. The
interim final rule was published as a final rule without change on
September 12, 2016 (81 FR 62629-62631), effective that date. The
revised methodology for agencies for 2017 and each year thereafter
provides for the improvement of the effectiveness of CMPs to maintain
their deterrent effect. The DoD is adjusting the level of all civil
monetary penalties under its jurisdiction by the Office of Management
and Budget (OMB) directed cost-of-living adjustment multiplier for 2024
of 1.03241 prescribed in OMB Memorandum M-24-07, ``Implementation of
Penalty Inflation Adjustments for 2024, Pursuant to the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015.'' The
DoD's 2024 adjustments for inflation to CMPs apply only to those CMPs,
including those whose associated violation predated such adjustment,
which are assessed by the DoD after the effective date of the new CMP
level.
Statement of Authority and Costs and Benefits
Pursuant to 5 U.S.C. 553(b)B, there is good cause to issue this
rule without prior public notice or opportunity for public comment
because it would be impracticable and unnecessary. The Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015 (Section
2461) requires agencies, effective 2017, to make annual adjustments for
inflation to CMPs notwithstanding 5 U.S.C. 553. Additionally, the
methodology used, effective 2017, for adjusting CMPs for inflation is
established in statute, with no discretion provided to agencies
regarding the substance of the adjustments for inflation to CMPs. The
DoD is charged only with performing ministerial computations to
determine the dollar amount of adjustments for inflation to CMPs.
Accordingly, prior public notice and an opportunity to comment are not
required for this rule. For the same reasons, there is good cause under
5 U.S.C. 553(d)(3) to waive the 30-day delay in effective date.
Further, there are no significant costs associated with the
regulatory revisions that would impose any mandates on the DoD,
Federal, State or local governments, or the private sector.
Accordingly, prior public notice and an opportunity for public comment
are not required for this rule. The benefit of this rule is the DoD
anticipates that civil monetary penalty collections may increase in the
future due to new penalty authorities and other changes in this rule.
However, it is difficult to accurately predict the extent of any
increase, if any, due to a variety of factors, such as budget and staff
resources, the number and quality of civil penalty referrals or leads,
and the length of time needed to investigate and resolve a case.
Regulatory Procedures
Executive Order 12866, ``Regulatory Planning and Review'' and
Executive Order 13563, ``Improving Regulation and Regulatory Review''
Executive Order 14094, ``Modernizing Regulatory Review,''
supplements and reaffirms the principles, structures, and definitions
governing contemporary regulatory review established in Executive Order
12866 of September 30, 1993 (Regulatory Planning and Review), and
Executive Order 13563 of January 18, 2011 (Improving Regulation and
Regulatory Review). In accordance with paragraph (b) of Executive Order
14094, section 3(f) of Executive Order 12866 is amended to read as
follows: ``Significant regulatory action'' means any regulatory action
that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $200 million or more
(adjusted every 3 years by the Administrator of OIRA for changes in
gross domestic product); or adversely affect in a material way the
economy, a sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, territorial, or
tribal governments or communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise legal or policy issues for which centralized review would
meaningfully further the President's priorities or the principles set
forth in this Executive order, as specifically authorized in a timely
manner by the Administrator of OIRA in each case.
This rule has been designated ``not significant,'' under the
amended section 3(f) of Executive Order 12866.
Congressional Review Act, 5 U.S.C. 804(2)
The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. A major rule may take effect no earlier than 60 calendar
days after Congress receives the rule report or the rule is published
in the Federal Register, whichever is later. This rule is not a major
rule, as defined by 5 U.S.C. 804(2).
Unfunded Mandates Reform Act (2 U.S.C. Chapter 25)
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) (2
U.S.C. 1532) requires agencies to assess anticipated costs and benefits
before issuing any rule the mandates of which require spending in any
year of $100 million in 1995 dollars, updated annually for inflation.
This rule will not mandate any requirements for State, local, or tribal
governments, nor will it affect private sector costs.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. Chapter 6)
The Under Secretary of Defense (Comptroller) certified that this
rule is not subject to the Regulatory Flexibility Act (5 U.S.C. 601)
because it would not, if promulgated, have a significant economic
impact on a substantial number of small entities. Therefore, the
Regulatory Flexibility Act, as amended, does not require DoD to prepare
a regulatory flexibility analysis.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
The Paperwork Reduction Act was enacted to minimize the paperwork
burden for individuals; small businesses; educational and nonprofit
institutions; Federal contractors; State, local and tribal governments;
and other persons resulting from the collection of information by or
for the Federal government. The Act requires agencies obtain approval
from the OMB before using identical questions to collect information
from ten or more persons. This rule does not impose reporting or
recordkeeping requirements on the public.
Executive Order 13132, ``Federalism''
Executive Order 13132 establishes certain requirements that an
agency
[[Page 2146]]
must meet when it promulgates a rule that imposes substantial direct
requirement costs on State and local governments, preempts State law,
or otherwise has Federalism implications. This final rule will not have
a substantial effect on State and local governments.
Executive Order 13175, ``Consultation and Coordination With Indian
Tribal Governments''
It has been determined that this rule will not have a substantial
effect on Indian tribal governments. This rule does not impose
substantial direct compliance costs on one or more Indian tribes,
preempt tribal law, or effect the distribution of power and
responsibilities between the Federal government and Indian tribes.
List of Subjects in 32 CFR Part 269
Administrative practice and procedure, Penalties.
Accordingly, 32 CFR part 269 is amended as follows.
PART 269--CIVIL MONETARY PENALTY INFLATION ADJUSTMENT
0
1. The authority citation for 32 CFR part 269 continues to read as
follows:
Authority: 28 U.S.C. 2461 note.
0
2. In Sec. 269.4, revise paragraph (d) to read as follows:
Sec. 269.4 Cost of living adjustments of civil monetary penalties.
* * * * *
(d) Inflation adjustment. Maximum civil monetary penalties within
the jurisdiction of the Department are adjusted for inflation as
follows:
Table 1 to Paragraph (d)
----------------------------------------------------------------------------------------------------------------
Maximum penalty New adjusted
United States Code Civil monetary penalty amount as of maximum penalty
description 2023 ($) amount ($)
----------------------------------------------------------------------------------------------------------------
National Defense Authorization Act for FY Unauthorized Activities $156,108 $161,168
2005, 10 U.S.C. 113, note. Directed at or Possession of
Sunken Military Craft.
10 U.S.C. 1094(c)(1)......................... Unlawful Provision of Health 13,707 14,152
Care.
10 U.S.C. 1102(k)............................ Wrongful Disclosure--Medical
Records:
First Offense.................. 8,106 8,368
Subsequent Offense............. 54,036 55,788
10 U.S.C. 2674(c)(2)......................... Violation of the Pentagon 2,234 2,306
Reservation Operation and
Parking of Motor Vehicles
Rules and Regulations.
31 U.S.C. 3802(a)(1)......................... Violation Involving False Claim 13,508 13,946
31 U.S.C. 3802(a)(2)......................... Violation Involving False 13,508 13,946
Statement.
42 U.S.C. 1320a-7a(a); 32 CFR 200.210(a)(1).. False claims................... 24,163 24,946
42 U.S.C. 1320a-7a(a); 32 CFR 200.210(a)(1).. Claims submitted with a false 24,163 24,946
certification of physician
license.
42 U.S.C. 1320a-7a(a); 32 CFR 200.210(a)(2).. Claims presented by excluded 24,163 24,946
party.
42 U.S.C. 1320a-7a(a); 32 CFR 200.210(a)(2); Employing or contracting with 24,163 24,946
(b)(2)(ii). an excluded individual.
42 U.S.C. 1320a-7a(a); 32 CFR 200.210(a)(1).. Pattern of claims for medically 24,163 24,946
unnecessary services/supplies.
42 U.S.C. 1320a-7a(a); 32 CFR 200.210(a)(2).. Ordering or prescribing while 24,163 24,946
excluded.
42 U.S.C. 1320a-7a(a); 32 CFR 200.210(a)(5).. Known retention of an 24,163 24,946
overpayment.
42 U.S.C. 1320a-7a(a); 32 CFR 200.210(a)(4).. Making or using a false record 120,816 124,731
or statement that is material
to a false or fraudulent claim.
42 U.S.C. 1320a-7a(a); 32 CFR 200.210(a)(6).. Failure to grant timely access 36,245 37,420
to OIG for audits,
investigations, evaluations,
or other statutory functions
of OIG.
42 U.S.C. 1320a-7a(a); 32 CFR 200.210(a)(3).. Making false statements, 120,816 124,731
omissions, misrepresentations
in an enrollment application.
42 U.S.C. 1320a-7a(a); 32 CFR 200.310(a)..... Unlawfully offering, paying, 120,816 124,731
soliciting, or receiving
remuneration to induce or in
return for the referral of
business in violation of
1128B(b) of the Social
Security Act.
----------------------------------------------------------------------------------------------------------------
Dated: January 9, 2024.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2024-00647 Filed 1-11-24; 8:45 am]
BILLING CODE 6001-FR-P
