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Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations appeal within thirty days of receiving the defendants appeal and supporting brief.
g If a defendant timely files a notice of appeal, and the time for filing reconsideration motions has expired, the ALJ will forward the record of the proceeding to the authority head.
h An initial decision is automatically stayed pending disposition of a motion for reconsideration or of an appeal to the authority head.
i No administrative stay is available following the authority heads final decision.
1174.38

Appeal to the authority head.

a A defendant has no right to appear personally, or through a representative, before the authority head.
b There is no right to appeal any interlocutory ruling.
c The authority head will not consider any objection or evidence that was not raised before the ALJ unless the defendant demonstrates that extraordinary circumstances excuse the failure to object. If the defendant demonstrates to the authority heads satisfaction that extraordinary circumstances prevented the presentation of evidence at the hearing, and that the additional evidence is material, the authority head may remand the matter to the ALJ for consideration of the additional evidence.
d The authority head may affirm, reduce, reverse, compromise, remand, or settle any penalty or assessment that the ALJ imposed in the initial decision or reconsideration decision.
e The authority head will promptly serve each party to the appeal and the ALJ with a copy of the decision. This decision must contain a statement describing the right of any person, against whom a penalty or assessment has been made, to seek judicial review.
1174.39

Judicial review.

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31 U.S.C. 3805 authorizes the appropriate United States District Court to review any final decision imposing penalties or assessments, and specifies the procedures for such review. To obtain judicial review, a defendant must file a petition with the appropriate court in a timely manner.
1174.40 Collection of civil penalties and assessments.

31 U.S.C. 3806 and 3808b authorize actions for collecting civil penalties and assessments imposed under this part and specify the procedures for such actions.

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1174.41

Rights to administrative offset.

The authority may make an administrative offset under 31 U.S.C.
3716 to collect the amount of any penalty or assessment which has become final, for which a judgment has been entered, or which the parties agree upon in a compromise or settlement.
However, the authority may not make an administrative offset under this subsection against a Federal tax refund that the United States owes to the defendant then or at a later time.
1174.42 Deposit in Treasury of the United States.

The authority shall deposit all amounts collected pursuant to this part as miscellaneous receipts in the Treasury of the United States, except as provided in 31 U.S.C. 3806g.
1174.43 Voluntary settlement of the administrative complaint.

a Parties may make offers of compromise or settlement at any time.
Any compromise or settlement must be in writing.
b The reviewing official has the exclusive authority to compromise or settle the case from the date on which the reviewing official is permitted to issue a complaint until the ALJ issues an initial decision.
c The authority head has exclusive authority to compromise or settle the case from the date of the ALJs initial decision until initiation of any judicial review or any action to collect the penalties and assessments.
d The Attorney General has exclusive authority to compromise or settle the case while any judicial review or any action to recover penalties and assessments is pending.
e The investigating official may recommend settlement terms to the reviewing official, the authority head, or the Attorney General, as appropriate.
1174.44 Limitations regarding criminal misconduct.

a Any investigating official may:
1 Refer allegations of criminal misconduct or a violation of the False Claims Act directly to the Department of Justice for prosecution and/or civil action, as appropriate;
2 Defer or postpone a report or referral to the reviewing official to avoid interference with a criminal investigation or prosecution; or 3 Issue subpoenas under any other statutory authority.
b Nothing in this part limits the requirement that the authoritys employees must report suspected violations of criminal law to the NEH
Office of the Inspector General or to the Attorney General.

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Dated: August 2, 2021.
Elizabeth Voyatzis, Deputy General Counsel, National Endowment for the Humanities.
FR Doc. 202116763 Filed 81221; 8:45 am BILLING CODE 753601P

FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 20
GN Docket No. 13111; FCC 2182; FR ID
39494

Promoting Technological Solutions To Combat Contraband Wireless Device Use in Correctional Facilities Federal Communications Commission.
ACTION: Final rule.
AGENCY:

SUMMARY: In this document, the Federal Communications Commission Commission or FCC takes further steps to facilitate the deployment and viability of technological solutions used to combat contraband wireless devices in correctional facilities. The Second Report and Order adopts a framework requiring the disabling of contraband wireless devices detected in correctional facilities upon satisfaction of certain criteria, and we address issues involving oversight, wireless provider liability, and treatment of 911 calls. The Second Report and Order further adopts rules requiring advance notice of certain wireless provider network changes to promote and maintain contraband interdiction system effectiveness.
DATES: This final rule is effective September 13, 2021, with the exception of the revisions to 20.23, which are delayed. The Commission will publish a document in the Federal Register announcing the effective date for those revisions.
FOR FURTHER INFORMATION CONTACT:
Melissa Conway of the Wireless Telecommunications Bureau, Mobility Division, at 202 4182887 or Melissa.Conway@fcc.gov. For information regarding the Paperwork Reduction Act of 1995 PRA
information collection requirements contained in this document, contact Cathy Williams, Office of Managing Director, at 202 4182918 or Cathy.Williams@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commissions Second Report and Order in GN Docket No. 13
111, FCC 2182 adopted July 12, 2021
and released July 13, 2020. The full text of the Second Report and Order, including all Appendices, is available
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