This site displays a prototype of a “Web 2.0” version of the daily Federal Register. It is not an official legal edition of the Federal Register, and does not replace the official print version or the official electronic version on GPO’s govinfo.gov.
The documents posted on this site are XML renditions of published Federal Register documents. Each document posted on the site includes a link to the corresponding official PDF file on govinfo.gov. This prototype edition of the daily Federal Register on FederalRegister.gov will remain an unofficial informational resource until the Administrative Committee of the Federal Register (ACFR) issues a regulation granting it official legal status. For complete information about, and access to, our official publications and services, go to About the Federal Register on NARA's archives.gov.
The OFR/GPO partnership is committed to presenting accurate and reliable regulatory information on FederalRegister.gov with the objective of establishing the XML-based Federal Register as an ACFR-sanctioned publication in the future. While every effort has been made to ensure that the material on FederalRegister.gov is accurately displayed, consistent with the official SGML-based PDF version on govinfo.gov, those relying on it for legal research should verify their results against an official edition of the Federal Register. Until the ACFR grants it official status, the XML rendition of the daily Federal Register on FederalRegister.gov does not provide legal notice to the public or judicial notice to the courts.
National Endowment for the Arts, National Foundation on the Arts and the Humanities.
Final action.
The National Endowment for the Arts (NEA) is notifying the public that its civil monetary penalty amounts will not increase for the 2026 calendar year. The NEA is generally required by statute to amend its regulations annually to adjust for inflation the maximum civil monetary penalties (CMPs) that may be imposed for violations of the Program Fraud Civil Remedies Act (PFCRA) and the NEA's Restrictions on Lobbying. In accordance with guidance from the Office of Management and Budget (OMB), the NEA will continue to use the 2025 civil monetary penalty levels because there will be no cost-of-living adjustment for 2026.
This action is effective July 28, 2026.
William Langer, Assistant General Counsel, National Endowment for the Arts, 400 7th St. SW, Washington, DC 20506, Telephone: 202-682-5595.
This notice informs the public that there will not be an increase to the maximum civil monetary penalties associated with (1) the Program Fraud Civil Remedies Act (45 CFR 1149.9) and (2) the NEA's Restrictions on Lobbying (45 CFR 1158.400; 45 CFR part 1158, app. A).
Because there will be no cost-of-living multiplier for 2026, the maximum penalty under the PFCRA for false claims and statements will be $14,307, and the range of penalties under the law on the Restrictions on Lobbying shall be between $25,119 and $251,322.
On December 12, 2017 the NEA issued a final rule entitled “Federal Civil Penalties Adjustments” [1] which finalized the NEA's June 15, 2017 interim final rule entitled “Implementing the Federal Civil Penalties Adjustment Act Improvements Act”,[2] implementing the 2015 Act (section 701 of Pub. L. 114-74), which amended the Inflation Adjustment Act (28 U.S.C. 2461 note) requiring catch-up and annual adjustments to the NEA's CMPs. The 2015 Act requires agencies make annual adjustments to its CMPs for inflation.
A CMP is defined in the Inflation Adjustment Act as any penalty, fine, or other sanction that is (1) for a specific monetary amount as provided by Federal law, or has a maximum amount provided for by Federal law; (2) assessed or enforced by an agency pursuant to Federal law; and (3) assessed or enforced pursuant to an administrative proceeding or a civil action in the Federal courts. ( printed page 47154)
These annual inflation adjustments are based on the percentage change in the Consumer Price Index for all Urban Consumers (CPI-U) for the month of October preceding the date of the adjustment, relative to the October CPI-U in the year of the previous adjustment. The formula for the amount of a CMP inflation adjustment is prescribed by law, as explained in OMB Memorandum M-16-06 (February 24, 2016), and therefore the amount of the adjustment is not subject to the exercise of discretion by the Chairman of the National Endowment for the Arts.
In its prior rules, the NEA identified two CMPs which require annual adjustment: the penalty for false statements under the PFCRA and the penalty for violations of the NEA's Restrictions on Lobbying.
On April 17, 2026, OMB issued memorandum M-26-11 informing agencies of the cancelation of the inflation adjustment for 2026.[3] Accordingly, the NEA will continue to apply the 2025 civil monetary penalty levels.
The authority citation for the Program Fraud Civil Remedies Act (45 CFR 1149.9) continues to read as follows:
The authority citation for the NEA's Restrictions on Lobbying (45 CFR 1158.400; 45 CFR part 1158, app. A) continues to read as follows:
Dated: July 24, 2026
RaShaunda Thomas,
Director (Acting), Office of Administrative Services and Contracts, National Endowment for the Arts.
3. OMB Memorandum M-26-11, Cancellation of Penalty Inflation Adjustments for 2026, Regarding the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, https://www.whitehouse.gov/wp-content/uploads/2026/04/M-26-11-Cancellation-of-Penalty-Inflation-Adjustments-for-2026-Regarding-the-Federal-Civil-Penalties-Inflation-Adjustment-Act-Improvements-Act-of-2015.pdf.
Back to Citation[FR Doc. 2026-15230 Filed 7-27-26; 8:45 am]
BILLING CODE 7537-01-P