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Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / Rules and Regulations
representations and the visa application and other relevant documentation i The proper immigrant classification, if any, of the visa applicant, and ii The applicants eligibility to receive a visa.
2 The officer has the authority to require that the alien answer any question deemed material to these determinations.
c Certain repeat applications due to COVID19. The personal appearance and interview of any applicant for an immigrant visa may be waived in the discretion of the consular officer until December 13, 2023, provided that 1 The applicant was issued a U.S.
immigrant visa on or after August 4, 2019, and is:
i Seeking an immigrant visa in the same classification and pursuant to the same approved petition as the previously issued immigrant visa; or ii Seeking an immigrant visa pursuant to the same approved petition as the previously issued immigrant visa but in a classification that automatically converted from the classification of the previously issued immigrant visa due to the death or naturalization of the petitioner;
2 The applicant qualifies for an immigrant visa in the same classification as the previously issued immigrant visa, or in another classification as a result of automatic conversion from the classification of the previously issued immigrant visa due to the death or naturalization of the petitioner, and pursuant to the same approved petition as the previously issued immigrant visa; and 3 The applicant has not undergone a change in circumstances that could affect the applicants eligibility for the visa.
3. Effective December 13, 2021, through December 13, 2023, in 42.67, add paragraph a4 to read as follows:

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42.67 Execution of application, registration, and fingerprinting.

a
4 Form of attestation for certain repeat applications due to COVID19.
The swearing to or signature of an application before a consular officer by an immigrant visa applicant may be waived in the discretion of the consular officer until December 13, 2023, provided the applicant is willing to affirm under penalty of perjury to the information provided on Form DS260
or Form DS230.

4. Effective December 13, 2023, revise 42.62 to read as follows:

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42.62 Personal appearance and interview of applicant.

a Personal appearance of applicant before consular officer. Every alien applying for an immigrant visa, including an alien whose application is executed by another person pursuant to 42.63a2, shall be required to appear personally before a consular officer for the execution of the application or, if in Taiwan, before a designated officer of the American Institute in Taiwan, except that the personal appearance of any child under the age of 14 may be waived at the officers discretion.
b Interview by consular officer. 1
Every alien executing an immigrant visa application must be interviewed by a consular officer who shall determine on the basis of the applicants representations and the visa application and other relevant documentation i The proper immigrant classification, if any, of the visa applicant, and ii The applicants eligibility to receive a visa.
2 The officer has the authority to require that the alien answer any question deemed material to these determinations.
Kevin E. Bryant, Deputy Director, Office of Directives Management, U.S. Department of State.
FR Doc. 202126657 Filed 121021; 8:45 am BILLING CODE 471006P

DEPARTMENT OF JUSTICE
28 CFR Part 85
Docket No. OAG 173; AG Order No. 5236
2021

Civil Monetary Penalties Inflation Adjustment for 2021
Department of Justice.
Final rule.

AGENCY:
ACTION:

The Department of Justice is adjusting for inflation the civil monetary penalties assessed or enforced by components of the Department, in accordance with the provisions of the Bipartisan Budget Act of 2015, for penalties assessed after December 13, 2021 with respect to violations occurring after November 2, 2015.
DATES: This rule is effective December 13, 2021.
FOR FURTHER INFORMATION CONTACT:
Robert Hinchman, Senior Counsel, Office of Legal Policy, U.S. Department of Justice, Room 4252, RFK Building, 950 Pennsylvania Avenue NW, Washington, DC 20530, telephone 202
5148059 not a toll-free number.
SUMMARY:

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SUPPLEMENTARY INFORMATION:

I. Statutory Process for Implementing Annual Inflation Adjustments Section 701 of the Bipartisan Budget Act of 2015, Public Law 11474 Nov.
2, 2015 BBA, 28 U.S.C. 2461 note, substantially revised the prior provisions of the Federal Civil Monetary Penalties Inflation Adjustment Act of 1990, Public Law 101410 the Inflation Adjustment Act, and substituted a different statutory formula for calculating inflation adjustments on an annual basis.
In accordance with the provisions of the BBA, on June 30, 2016 81 FR
42491, the Department of Justice published an interim rule June 2016
interim rule to adjust for inflation the civil monetary penalties assessed or enforced by components of the Department after August 1, 2016, with respect to violations occurring after November 2, 2015, the date of enactment of the BBA. Readers may refer to the Supplementary Information also known as the preamble of the Departments June 2016 interim rule for additional background information regarding the statutory authority for adjustments of civil monetary penalty amounts to take account of inflation and the Departments past implementation of inflation adjustments. The June 2016
interim rule was finalized without change by the publication of a final rule on April 5, 2019 84 FR 13525.
After the initial adjustments in 2016, the BBA also provides for agencies to adjust their civil penalties on January 15
of each year to account for inflation during the preceding year, rounded to the nearest dollar. Accordingly, on February 3, 2017 82 FR 9131, and on January 29, 2018 83 FR 3944, the Department published final rules pursuant to the BBA to make annual inflation adjustments in the civil monetary penalties assessed or enforced by components of the Department after those dates, with respect to violations occurring after November 2, 2015.
Most recently, the Department published a final rule on June 19, 2020
85 FR 37004, to adjust the Departments civil money penalties. The Department did not publish an inflation adjustment rule in 2019, but the 2020
adjustments incorporated the civil penalty adjustments for both 2019 and 2020, so that the current penalty amounts are the same as if two separate rules had been published.
II. Inflation Adjustments Made by This Rule As required, the Department is publishing this final rule to adjust for
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