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Federal Register / Vol. 86, No. 198 / Monday, October 18, 2021 / Rules and Regulations
contractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information;
7 2 CFR part 183, Never Contract With the Enemy; and 8 2 CFR 200.216, Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment.
This action is taken pursuant to delegated authority.
Rachael S. Taylor, Principal Deputy Assistant SecretaryPolicy, Management and Budget.
FR Doc. 202122632 Filed 101521; 8:45 am BILLING CODE 433463P

DEPARTMENT OF HOMELAND
SECURITY
6 CFR Part 27
8 CFR Parts 270, 274a, and 280
U.S. Customs and Border Protection 19 CFR Part 4
Coast Guard 33 CFR Part 27
Transportation Security Administration 49 CFR Part 1503
RIN 1601AA99

Civil Monetary Penalty Adjustments for Inflation Department of Homeland Security.
ACTION: Final rule.
AGENCY:

In this final rule, the Department of Homeland Security DHS makes the 2021 annual inflation adjustment to its civil monetary penalties. On November 2, 2015, the President signed into law The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 The 2015
Act. Pursuant to the 2015 Act, all agencies must adjust their civil monetary penalties annually and publish the adjustment in the Federal Register. Accordingly, this final rule adjusts the Departments civil monetary penalties for 2021 pursuant to the 2015
Act and Executive Office of the President EOP Office of Management and Budget OMB guidance. The new penalties will be effective for penalties assessed after October 18, 2021 whose
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SUMMARY:

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associated violations occurred after November 2, 2015.
DATES: This rule is effective on October 18, 2021.
FOR FURTHER INFORMATION CONTACT:
Hillary Hunnings, 2022829043, hillary.hunnings@hq.dhs.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents I. Statutory and Regulatory Background II. Overview of Final Rule III. Adjustments by Component A. Cybersecurity and Infrastructure Security Agency B. U.S. Customs and Border Protection C. U.S. Immigration and Customs Enforcement D. U.S. Coast Guard E. Transportation Security Administration IV. Administrative Procedure Act V. Regulatory Analyses A. Executive Orders 12866 and 13563
B. Regulatory Flexibility Act C. Unfunded Mandates Reform Act D. Paperwork Reduction Act VI. Signing Authority
I. Statutory and Regulatory Background On November 2, 2015, the President signed into law the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 Pub. L. 114
74 section 701 Nov. 2, 2015 2015
Act.1 The 2015 Act amended the Federal Civil Penalties Inflation Adjustment Act of 1990 28 U.S.C. 2461
note to improve the effectiveness of civil monetary penalties and to maintain their deterrent effect. The 2015 Act required agencies to: 1 Adjust the level of civil monetary penalties with an initial catch-up adjustment through issuance of an interim final rule IFR
and 2 make subsequent annual adjustments for inflation. Through the catch-up adjustment, agencies were required to adjust the maximum amounts of civil monetary penalties to more accurately reflect inflation rates.
For the subsequent annual adjustments, the 2015 Act requires agencies to increase the penalty amounts by a cost-of-living adjustment.
The 2015 Act directs OMB to provide guidance to agencies each year to assist agencies in making the annual adjustments. The 2015 Act requires agencies to make the annual adjustments no later than January 15 of each year and to publish the adjustments in the Federal Register.
Pursuant to the 2015 Act, DHS
undertook a review of the civil penalties that DHS and its components administer.2 On July 1, 2016, DHS
1 The 2015 Act was part of the Bipartisan Budget Act of 2015, Public Law 11474 Nov. 2, 2015.
2 The 2015 Act applies to all agency civil penalties except for any penalty including any
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published an IFR adjusting the maximum civil monetary penalties with an initial catch-up adjustment, as required by the 2015 Act.3 DHS
calculated the adjusted penalties based upon nondiscretionary provisions in the 2015 Act and upon guidance that OMB
issued to agencies on February 24, 2016.4 The adjusted penalties were effective for civil penalties assessed after August 1, 2016 the effective date of the IFR, whose associated violations occurred after November 2, 2015 the date of enactment of the 2015 Act. On January 27, 2017, DHS published a final rule making the annual adjustment for 2017.5 On April 2, 2018, DHS made the 2018 annual inflation adjustment.6 On April 5, 2019, DHS made the 2019
annual inflation adjustment.7 On June 17, 2020, DHS made the 2020 annual inflation adjustment.8
II. Overview of the Final Rule This final rule makes the 2021 annual inflation adjustments to civil monetary penalties pursuant to the 2015 Act and pursuant to guidance OMB issued to agencies on December 23, 2020.9 The penalty amounts in this final rule will be effective for penalties assessed after October 18, 2021 where the associated violation occurred after November 2, 2015. Consistent with OMB guidance, the 2015 Act does not change previously assessed penalties that the agency is actively collecting or has collected.
The adjusted penalty amounts will apply to penalties assessed after the effective date of this final rule. We discuss civil penalties by DHS
component in Section III below. For each component identified in Section III, below, we briefly describe the addition to tax and additional amount under the Internal Revenue Code of 1986 26 U.S.C. 1 et seq.
and the Tariff Act of 1930 19 U.S.C. 1202 et seq..
See sec. 4a1 of the 2015 Act. In the case of DHS, several civil penalties that are assessed by U.S.
Customs and Border Protection CBP and the U.S.
Coast Guard USCG fall under the Tariff Act of 1930, and therefore DHS did not adjust those civil penalties in this rulemaking.
3 See 81 FR 42987.
4 Office of Mgmt. & Budget, Exec. Office of The President, M1606, Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Table A: 2016 Civil Monetary Penalty Catch-Up Adjustment Multiplier by Calendar Year, Feb. 24, 2016 https
www.whitehouse.gov/sites/whitehouse.gov/files/
omb/memoranda/2016/m-16-06.pdf.
5 See 82 FR 8571.
6 See 83 FR 13826.
7 See 84 FR 13499.
8 See 85 FR 36469.
9 Office of Mgmt. and Budget, Exec. Office of the President, M2110, Implementation of Penalty Inflation Adjustments for 2021, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 Dec. 23, 2020 https
www.whitehouse.gov/wp-content/uploads/2020/12/
M-21-10.pdf.

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