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Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Rules and Regulations
CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE
45 CFR Parts 1230 and 2554
RIN 3045AA76

Annual Civil Monetary Penalties Inflation Adjustment Corporation for National and Community Service.
ACTION: Interim final rule.
AGENCY:

The Corporation for National and Community Service CNCS, operating as AmeriCorps is updating its regulations to reflect required annual inflation-related increases to the civil monetary penalties in its regulations, pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.
DATES: Effective date: This rule is effective March 11, 2021.
Comment due date: Technical comments may be submitted until April 12, 2021.
ADDRESSES: You may send your comments electronically through the Federal Governments one-stop rulemaking website at www.regulations.gov. Also, you may mail or deliver your comments to Stephanie Soper, Law Office Manager, Office of General Counsel, at the Corporation for National and Community Service, 250 E Street SW, Washington, DC 20525. Due to continued delays in CNCSs receipt of mail, we strongly encourage you to submit your comments online. You may request this document in an alternative format for the visually impaired.
FOR FURTHER INFORMATION CONTACT:
Stephanie Soper, Law Office Manager, Office of General Counsel, at 202606
6747 or by email to ssoper@cns.gov.
SUPPLEMENTARY INFORMATION:

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SUMMARY:

I. Background AmeriCorps, the operating name for Corporation for National and Community Service, is a Federal agency that engages millions of Americans in service. AmeriCorps members and AmeriCorps Seniors volunteers serve directly with nonprofit organizations to tackle our nations most pressing challenges. For more information, visit americorps.gov.
The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 Sec. 701 of Pub. L. 11474 the Act, which is intended to improve the effectiveness of civil monetary penalties and to maintain the deterrent effect of such penalties, requires agencies to adjust the civil monetary penalties for inflation annually.

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II. Method of Calculation AmeriCorps has two civil monetary penalties in its regulations. A civil monetary penalty under the Act is a penalty, fine, or other sanction that is for a specific monetary amount as provided by Federal law or has a maximum amount provided for by Federal law and is assessed or enforced by an agency pursuant to Federal law and is assessed or enforced pursuant to an administrative proceeding or a civil action in the Federal courts. See 28
U.S.C. 2461 note.
The inflation adjustment for each applicable civil monetary penalty is determined using the percent increase in the Consumer Price Index for all Urban Consumers CPIU for the month of October of the year in which the amount of each civil money penalty was most recently established or modified.
In the December 23, 2020, OMB Memo for the Heads of Executive Agencies and Departments, M2110, Implementation of Penalty Inflation Adjustments for 2021, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, OMB
published the multiplier for the required annual adjustment. The costof-living adjustment multiplier for 2021, based on the CPIU for the month of October 2020, not seasonally adjusted, is 1.01182.
The agency identified two civil penalties in its regulations: 1 The penalty associated with Restrictions on Lobbying 45 CFR 1230.400 and 2 the penalty associated with the Program Fraud Civil Remedies Act 45 CFR
2554.1.
The civil monetary penalties related to Restrictions on Lobbying Section 319, Pub. L. 101121; 31 U.S.C. 1352
range from $20,489 to $204,892. Using the 2021 multiplier, the new range of possible civil monetary penalties is from $20,732 to $207,313.
The Program Fraud Civil Remedies Act of 1986 Pub. L. 99509 civil monetary penalty has an upper limit of $11,665. Using the 2021 multiplier, the new upper limit of the civil monetary penalty is $11,803.
III. Summary of Final Rule This final rule adjusts the civil monetary penalty amounts related to Restrictions on Lobbying 45 CFR
1230.400 and the Program Fraud Civil Remedies Act of 1986 45 CFR 2554.1.
The range of civil monetary penalties related to Restrictions on Lobbying increase from $20,489 to $204,892 to $20,732 to $207,313. The civil monetary penalties for the Program Fraud Civil Remedies Act of 1986

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increase from up to $11,665 to up to $11,803.
IV. Regulatory Procedures A. Determination of Good Cause for Publication Without Notice and Comment The agency finds, under 5 U.S.C.
553b3B, that there is good cause to except this rule from the public notice and comment provisions of the Administrative Procedure Act, 5 U.S.C.
553b. Because the agency is implementing a final rule pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which requires the agency to update its regulations based on a prescribed formula, the agency has no discretion in the nature or amount of the change to the civil monetary penalties.
Therefore, notice and comment for these proscribed updates is impracticable and unnecessary. As an interim final rule, no further regulatory action is required for the issuance of this legally binding rule. If you would like to provide technical comments, however, they may be submitted until April 12, 2021.
B. Review Under Procedural Statutes and Executive Orders The agency has determined that making technical changes to the amount of civil monetary penalties in its regulations does not trigger any requirements under procedural statutes and Executive orders that govern rulemaking procedures.
V. Effective Date This rule is effective March 11, 2021.
The adjusted civil penalty amounts apply to civil penalties assessed on or after March 11, 2021, when the violation occurred after November 2, 2015. If the violation occurred prior to November 2, 2015, or a penalty was assessed prior to August 1, 2016, the pre-adjustment civil penalty amounts in effect prior to August 1, 2106, will apply.
List of Subjects 45 CFR Part 1230
Government contracts, Grant programs, Loan programs, Lobbying, Penalties, Reporting and recordkeeping requirements.
45 CFR Part 2554
Claims, Fraud, Organization and functions Government agencies, Penalties.
For the reasons discussed in the preamble, under the authority of 42
U.S.C. 12651cc, the Corporation for National and Community Service amends chapters XII and XXV, title 45

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