Voglio sapere a riguardo di…

44628

Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations
potential effects on Federally recognized Indian Tribes.
Executive Order 12630, Takings Under the criteria in Executive Order 12630, this rulemaking does not have significant takings implications.
Therefore, a takings implication assessment is not required.
Regulatory Flexibility Act of 1980
This rulemaking will not have a significant adverse impact on a substantial number of small entities, including small businesses, small governmental jurisdictions, or certain small not-for-profit organizations.
This rulemaking does not impose an information collection burden under the Paperwork Reduction Act. This action contains no provisions constituting a collection of information pursuant to the Paperwork Reduction Act.
Unfunded Mandates Reform Act of 1995
This rulemaking does not contain a Federal mandate that will result in the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year.
National Environmental Policy Act of 1969
This rulemaking will not have a significant effect on the human environment.
Small Business Regulatory Enforcement Fairness Act of 1996
This rulemaking will not be a major rule as defined in section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This rulemaking will not result in an annual effect on the economy of $100 million or more, a major increase in costs or prices, significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based companies to compete with foreign-based companies in domestic and export markets.

jbell on DSKJLSW7X2PROD with RULES

E-Government Act of 2002
All information about NEH required to be published in the Federal Register may be accessed at www.neh.gov. The website www.regulations.gov contains electronic dockets for NEHs rulemakings under the Administrative Procedure Act of 1946.
To ensure this rule speaks in plain and clear language so that the public
VerDate Sep<11>2014

16:00 Aug 12, 2021

Jkt 253001

List of Subjects in 45 CFR 1174
Claims, Fraud, Penalties.
For the reasons set forth in the preamble, the National Endowment for the Humanities amends 45 CFR chapter XI by adding part 1174 to read as follows:
PART 1174PROGRAM FRAUD CIVIL
REMEDIES ACT REGULATIONS

Paperwork Reduction Act of 1995

Plain Writing Act of 2010

can use and understand it, NEH
modeled the language of the rule on the Federal Plain Language Guidelines.

1174.35 Reconsideration of the initial decision.
1174.36 Finalizing the initial decision.
1174.37 Procedures for appealing the ALJs decision.
1174.38 Appeal to the authority head.
1174.39 Judicial review.
1174.40 Collection of civil penalties and assessments.
1174.41 Rights to administrative offset.
1174.42 Deposit in Treasury of the United States.
1174.43 Voluntary settlement of the administrative complaint.
1174.44 Limitations regarding criminal misconduct.

Subpart APurpose, Definitions, and Basis for Liability Sec.
1174.1 Purpose.
1174.2 Definitions.
1174.3 Basis for civil penalties and assessments.

Authority: 31 U.S.C. 38013812; 5 U.S.C.
App. 8Ga2.

Subpart BProcedures Leading to Issuance of a Complaint 1174.4 Who investigates program fraud.
1174.5 Review of suspected program fraud by the reviewing official.
1174.6 Prerequisites for issuing a complaint.
1174.7 Contents of a complaint.
1174.8 Service of a complaint.

This part implements the Program Fraud Civil Remedies Act of 1986, 31
U.S.C. 38013812 PFCRA. The PFCRA
provides the National Endowment for the Humanities NEH, and other Federal agencies, with an administrative remedy to impose civil penalties and assessments against persons who make, submit, or present, or cause to be made, submitted or presented, false, fictitious, or fraudulent claims or written statements to NEH. The PFCRA also provides due process protections to all persons who are subject to administrative proceedings under this part.

Subpart CProcedures Following Service of a Complaint 1174.9 Answer to a complaint.
1174.10 Default upon failure to file an answer.
1174.11 Referral of complaint and answer to the ALJ.
Subpart DHearing Procedures 1174.12 Notice of hearing.
1174.13 Location of the hearing.
1174.14 Parties to the hearing and their rights.
1174.15 Separation of functions.
1174.16 The ALJs role and authority.
1174.17 Disqualification of reviewing official or ALJ.
1174.18 Parties rights to review documents.
1174.19 Discovery.
1174.20 Discovery motions.
1174.21 Depositions.
1174.22 Exchange of witness lists, statements, and exhibits.
1174.23 Subpoenas for attendance at the hearing.
1174.24 Protective orders.
1174.25 Filing and serving documents with the ALJ.
1174.26 Computation of time.
1174.27 The hearing and the burden of proof.
1174.28 Presentation of evidence.
1174.29 Witness testimony.
1174.30 Ex parte communications.
1174.31 Sanctions for misconduct.
1174.32 Post-hearing briefs.
Subpart EDecisions and Appeals 1174.33 Initial decision.
1174.34 Determining the amount of penalties and assessments.

PO 00000

Frm 00056

Fmt 4700

Sfmt 4700

Subpart APurpose, Definitions, and Basis for Liability 1174.1

1174.2

Purpose.

Definitions.

For the purposes of this part ALJ means an Administrative Law Judge in the authority appointed pursuant to 5 U.S.C. 3105 or detailed to the authority pursuant to 5 U.S.C. 3344.
Authority means the National Endowment for the Humanities NEH.
Authority head means the NEH
Chairperson or the Chairpersons designee.
Benefit means anything of value, including but not limited to any advantage, preference, privilege, license, permit, favorable decision, ruling, status or loan guarantee.
Claim means any request, demand or submission that a person makes 1 To the authority i For property, services, or money including money representing grants, loans, insurance, or benefits; or ii Which has the effect of decreasing an obligation to pay or account for property, services, or money; or 2 To a recipient of property, services, or money from the authority or to a party to a contract with the authority i For property or services if the United States
E:FRFM13AUR1.SGM

13AUR1