Unknown. Final rule

9,129 words·~41 min read·/register/2026/04/23/2026-07877·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2026-04-23.xml --- 91 78 Thursday, April 23, 2026 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Requests for Nominations: U.S. Preventive Services Task Force, 21821-21822 2026-07921 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Spongy Moth Identification Worksheet and Checklist, 21785-21786 2026-07891 Antitrust Division Antitrust Division NOTICES Plans of Action under the Defense Production Act, 21850-21851 2026-07900 Voluntary Agreement Pursuant to the Defense Production Act of 1950, 21849-21850 2026-07892 Fiscal Bureau of the Fiscal Service NOTICES Application and Renewal Fees Imposed on Surety Companies and Reinsuring Companies: Increase in Fees Imposed, 21872 2026-07873 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 21800-21801 2026-07878 2026-07879 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Family Education Rights and Privacy Act and Protection of Pupil Rights Amendment E-Complaint Forms, 21801-21802 2026-07868 Election Election Assistance Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2026 Election Administration and Voting Survey, 21802 2026-07930 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Importation or Exportation of Liquified Natural Gas or Electric Energy;

Applications, Authorizations, etc.: Gulf LNG Liquefaction Co., LLC; Request for Extension of Export Commencement Deadline, 21802-21804 2026-07980 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Connecticut; Finding of Failure to Attain and Reclassification of Tribal Portions of the Greater Connecticut Ozone Nonattainment Area as Serious for the 2015 Ozone National Ambient Air Quality Standards, 21729-21731 2026-07889 Missouri;

Construction Permits Required, 21724-21725 2026-07884 Virginia; Revision to the Regulatory Definition of Volatile Organic Compound, 21726-21728 2026-07885 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Michigan; 2015 Ozone Moderate Reasonably Available Control Technology, 21753 2026-07905 Missouri; Control of Emissions during Petroleum Liquid Storage, Loading, and Transfer, 21751-21753 2026-07906 Utah, Uinta Basin; 2015 8-Hour Ozone National Ambient Air Quality Standard;

Reconsideration and Repeal of Finding of Failure to Attain and Reclassification to a Moderate Nonattainment Area, etc., 21753-21758 2026-07904 Hazardous Waste Management System: Identification and Listing of Hazardous Waste; Correction and Extension of Comment Period; Correction, 21760-21761 2026-07899 State Plans for Designated Facilities and Pollutants; Approvals and Promulgations: Kentucky; Control of Emissions from Existing Municipal Solid Waste Landfills, 21758-21760 2026-07894 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for Reimbursement to Local Governments for Emergency Response to Hazardous Substance Releases under CERCLA, 21809-21810 2026-07933 Notification of Substantial Risk of Injury to Health and the Environment under TSCA, 21809 2026-07936 Request for Contractor Access to TSCA Confidential Business Information, 21808 2026-07938 Submission of Protocols and Study Reports for Environmental Research Involving Human Subjects, 21810-21811 2026-07939 Federal Agency Hazardous Waste Compliance Docket, 21811-21814 2026-07934 Farm Credit Farm Credit Administration PROPOSED RULES Assessment and Apportionment of Administrative Expenses, 21734-21738 2026-07903 Federal Aviation Federal Aviation Administration PROPOSED RULES Airspace Designations and Reporting Points:

Texas, 21749-21751 2026-07973 Airworthiness Directives: Bell Textron Canada Limited Helicopters, 21741-21744 2026-07935 Bombardier, Inc., Airplanes, 21747-21749 2026-07881 The Boeing Company Airplanes, 21744-21747 2026-07931 Various Helicopters, 21738-21741 2026-07937 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Fueling Aviation's Sustainable Transition Grant Program, 21860-21861 2026-07853 Federal Communications Federal Communications Commission PROPOSED RULES Improving Customer Service and Protecting Consumers through Onshoring, 21761-21775 2026-07960 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 21815 2026-07858 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 21819-21820 2026-07920 Privacy Act; Systems of Records, 21815-21819 2026-07923 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 21804-21805, 21807-21808 2026-07913 2026-07914 2026-07915 Motion to Vacate Certificate in Part: Freeport LNG Development, LP, 21806-21807 2026-07908 Federal Labor Federal Labor Relations Authority RULES Implementation of the Administrative False Claims Act, 21713-21719 2026-07877 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 21861-21862, 21864-21867 2026-07886 2026-07887 2026-07888 Application for Approval of Discontinuance or Modification of a Railroad Signal System, 21865-21866 2026-07927 Petition for Extension of Waiver of Compliance, 21863-21864 2026-07926 Petition for Waiver of Compliance, 21862-21863, 21867-21868 2026-07925 2026-07928 Federal Reserve Federal Reserve System NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 21820-21821 2026-07976 Federal Transit Federal Transit Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: All Stations Accessibility Program, 21869 2026-07966 Public Transportation Emergency Relief Program, 21869-21870 2026-07968 Transit Research, Development, Demonstration, Deployment and Training Projects, 21868-21869 2026-07970 Fish Fish and Wildlife Service NOTICES Permits; Applications, Issuances, etc.: Foreign Endangered Species, 21832-21833 2026-07929 Food and Drug Food and Drug Administration NOTICES Established List Additions: Harmful and Potentially Harmful Constituents in Tobacco Products and Tobacco Smoke, 21824-21829 2026-07910 Final Debarment Order:

Kimberly Schaff Kiehl, 21823-21824 2026-07864 Hearings, Meetings, Proceedings, etc.: Commissioner's National Priority Voucher Pilot Program; Amendment, 21822 2026-07916 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Action, 21872-21873 2026-07897 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: National Forests and Grasslands in Texas; Oil and Gas Leasing Availability Analysis, 21786-21788 2026-07974 Saint Lawrence Great Lakes St.

Lawrence Seaway Development Corporation NOTICES Hearings, Meetings, Proceedings, etc.: Advisory Board, 21870-21871 2026-07975 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Funding Extension: Rural Communities Opioid Response Program-Behavioral Health Care Technical Assistance, 21829-21830 2026-07876 Homeland Homeland Security Department See Transportation Security Administration Indian Affairs Indian Affairs Bureau NOTICES Hearings, Meetings, Proceedings, etc.:

Advisory Board for Exceptional Children, 21833-21834 2026-07856 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See National Park Service International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Activated Carbon from the People's Republic of China, 21796-21798 2026-07979 Certain Preserved Mushrooms from the Netherlands, 21794-21796 2026-07867 Wooden Cabinet and Vanities and Components Thereof from the People's Republic of China, 21788-21790 2026-07866 Procedures for Submissions by Certain Steel and Aluminum Producers Committing to New U.S.

Steel or Aluminum Production to Obtain Tariff Adjustments, 21790-21794 2026-07987 International Trade Com International Trade Commission NOTICES Complaint, 21848-21849 2026-07962 Investigations; Determinations, Modifications, and Rulings, etc.: Lithium Hexafluorophosphate from China, 21848 2026-07875 Justice Department Justice Department See Antitrust Division NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Motor Vehicle Title Information System, 21851-21852 2026-07895 Patrick Leahy Bulletproof Vest Partnership Program, 21852 2026-07893 Labor Department Labor Department See Labor Statistics Bureau See Occupational Safety and Health Administration See Wage and Hour Division NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Federal Contract Compliance Programs Recordkeeping Requirements, Vietnam Era Veterans' Readjustment Assistance Act, 21853-21854 2026-07869 Office of Federal Contract Compliance Programs Recordkeeping Requirements, 21853 2026-07870 Labor Statistics Labor Statistics Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals Consumer Expenditure Surveys: Contingent Work Supplement to the Current Population Survey, 21854 2026-07872 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Automated Technology Licensing Application System, 21856 2026-07961 National Drug National Drug Control Policy Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 21856-21857 2026-07859 National Endowment for the Arts National Endowment for the Arts NOTICES Hearings, Meetings, Proceedings, etc.: National Council on the Arts, 21857-21858 2026-07922 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Arts National Institute National Institutes of Health NOTICES Hearings, Meetings, Proceedings, etc.:

Center for Scientific Review, 21830-21831 2026-07977 Center for Scientific Review; Amendment, 21830 2026-07978 National Heart, Lung, and Blood Institute, 21830-21831 2026-07911 2026-07912 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries of the Caribbean, Gulf of America, and South Atlantic: Snapper-Grouper Fishery of the South Atlantic, 21775-21779 2026-07901 Fisheries of the Northeastern United States: Monkfish; Framework Adjustment 17, 21779-21782 2026-07909 Pacific Island Fisheries:

Annual Catch Limit and Accountability Measures for Guam Bottomfish Management Unit Species, 21782-21784 2026-07919 NOTICES Hearings, Meetings, Proceedings, etc.: Gulf Fishery Management Council, 21798-21799 2026-07969 2026-07971 2026-07972 Mid-Atlantic Fishery Management Council, 21799-21800 2026-07967 National Integrated Drought Information System Executive Council, 21800 2026-07896 National Park National Park Service NOTICES Inventory Completion: Field Museum, Chicago, IL, 21842 2026-07948 Florida Department of State, Tallahassee, FL, 21844 2026-07955 Garvies Point Museum and Preserve, Nassau County Department of Parks, Recreation and Museums, Glen Cove, NY, 21845-21846 2026-07942 Indiana University, Bloomington, IN, 21846 2026-07950 Robert S.

Peabody Institute of Archaeology, Andover, MA, 21842-21843 2026-07947 U.S. Army Corps of Engineers, Tulsa District, Tulsa, OK, 21841-21842 2026-07951 U.S. Department of the Interior, National Park Service, Mesa Verde National Park, CO, 21835 2026-07943 University of Michigan, Ann Arbor, MI, 21840-21841 2026-07953 University of Nebraska State Museum, Lincoln, NE, 21843-21844 2026-07965 University of Texas at San Antonio Center for Archaeological Research, San Antonio, TX, 21844-21845 2026-07956 Yale Peabody Museum, Yale University, New Haven, CT, 21836-21837 2026-07958 Repatriation of Cultural Items:

American Museum of Natural History, New York, NY, 21839-21840 2026-07945 Brooklyn Museum, Brooklyn, NY, 21837-21838 2026-07941 Denver Museum of Nature and Science, Denver, CO, 21847 2026-07944 Martha's Vineyard Museum, Vineyard Haven, MA, 21838 2026-07946 Miami University, Oxford, OH, 21847-21848 2026-07940 San Bernardino County Museum, Redlands, CA, 21838-21839 2026-07952 Thornton W. Burgess Society, East Sandwich, MA, 21834-21835 2026-07954 Yale Peabody Museum, Yale University, New Haven, CT, 21835-21836 2026-07957 Nuclear Regulatory Nuclear Regulatory Commission RULES Exceptions from Foreign Ownership, Control, or Domination, 21719-21723 2026-07917 PROPOSED RULES Exceptions from Foreign Ownership, Control or Domination, 21732-21734 2026-07918 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: The Standard on Gear Certification, 21854-21855 2026-07871 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Air Force Jet Fighter Training Operations in Idaho, Oregon, and Nevada; Presidential Determination (Presidential Determination No. 2026-07 of April 20, 2026), 21924-21926 2026-08009 Defense Production Act of 1950, as Amended; Presidential Determination Pursuant to Section 303 on Coal Supply Chains and Baseload Power Generation Capacity (Presidential Determination No. 2026-08 of April 20, 2026), 21927-21928 2026-08010 Defense Production Act of 1950, as Amended;

Presidential Determination Pursuant to Section 303 on Development, Manufacturing, and Deployment of Large-Scale Energy and Energy Related Infrastructure (Presidential Determination No. 2026-09 of April 20, 2026), 21929-21930 2026-08011 Defense Production Act of 1950, as Amended; Presidential Determination Pursuant to Section 303 on Domestic Petroleum Production, Refining, and Logistics Capacity (Presidential Determination No. 2026-11 of April 20, 2026), 21933-21934 2026-08016 Defense Production Act of 1950, as Amended;

Presidential Determination Pursuant to Section 303 on Grid Infrastructure, Equipment, and Supply Chain Capacity (Presidential Determination No. 2026-10 of April 20, 2026), 21931-21932 2026-08013 Defense Production Act of 1950, as Amended; Presidential Determination Pursuant to Section 303 on Natural Gas Transmission, Processing, Storage, and Liquefied Natural Gas Capacity (Presidential Determination No. 2026-12 of April 20, 2026), 21935-21936 2026-08017 Securities Securities and Exchange Commission NOTICES Application:

Aristotle Pacific Enhanced CLO Income Fund, et al., 21858 2026-07855 Small Business Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 21858-21859 2026-07898 Disaster Declaration: Hawaii, 21859 2026-07964 Hawaii; Public Assistance Only, 21859 2026-07963 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: The Beautiful Game... The Untold Story, 21859-21860 2026-07924 Hearings, Meetings, Proceedings, etc.:

Shipping Coordination Committee, Preparation for International Maritime Organization MEPC84 Session; Cancellation, 21860 2026-07882 Surface Transportation Surface Transportation Board NOTICES Exemption: Lease and Operation; Tazewell and Peoria Railroad, Inc., Peoria and Pekin Union Railway Co., 21860 2026-07852 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Federal Transit Administration See Great Lakes St.

Lawrence Seaway Development Corporation NOTICES Proposed Guidance: Transit-Oriented Development Projects under the Railroad Rehabilitation and Improvement Financing Program and Transportation Infrastructure Finance and Innovation Act Program, 21871-21872 2026-07981 Security Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Insider Threat Incident Reporting Tool, 21831-21832 2026-07857 Treasury Treasury Department See Bureau of the Fiscal Service See Foreign Assets Control Office Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Readjustment Counseling Service Scholarship Program, 21873-21874 2026-07902 Tiered Pharmacy Copayments for Medications: Calendar Year 2026 Update, 21874-21875 2026-07880 Wage Wage and Hour Division PROPOSED RULES Joint Employer Status under the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant and Seasonal Agricultural Worker Protection Act, 21878-21922 2026-07959 Separate Parts In This Issue Part II Labor Department, Wage and Hour Division, 21878-21922 2026-07959 Part III Presidential Documents, 21924-21936 2026-08009 2026-08010 2026-08011 2026-08016 2026-08013 2026-08017 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 91 78 Thursday, April 23, 2026 Rules and Regulations FEDERAL LABOR RELATIONS AUTHORITY 5 CFR Part 2419 Implementation of the Administrative False Claims Act AGENCY: Federal Labor Relations Authority. ACTION: Final rule. SUMMARY:

This final rule establishes procedural regulations for the Administrative False Claims Act

(AFCA)at the Federal Labor Relations Authority (FLRA). The AFCA is at 31 U.S.C. 3801 through 3812. The AFCA requires the promulgation of rules and regulations necessary to implement the AFCA. DATES: This rule is effective May 26, 2026. FOR FURTHER INFORMATION CONTACT: Thomas Tso, Solicitor and Federal Register Liaison,

(771)444-5779, *SolMail@flra.gov.* SUPPLEMENTARY INFORMATION: I. Background Congress originally enacted the Program Fraud Civil Remedies Act (PFCRA) in 1986. The purpose of the PFCRA was twofold:

(1)to provide agencies that were the victims of false claims and statements an administrative remedy; and

(2)to provide due process for all parties subject to that remedy. Public Law 99-509, sec. 6102 (October 21, 1986) (findings and purposes at 31 U.S.C. 3801 note). On December 23, 2024, the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 amended the PFCRA. Among other things, the amendments changed the PFCRA's name to the Administrative False Claims Act (AFCA). Public Law 118-159, sec. 5203(a). In that legislation, Congress also mandated that agencies promulgate regulations and procedures to carry out the AFCA within 180 days of enactment. Public Law 118-159, sec. 5203(j). This final rule includes the regulations required by that provision. The intent of this final rule is to cite the controlling statute when possible, repeating statutory provisions in the regulation only where necessary for the convenience of the regulated public. Initial Inflation Adjustment of Penalties The Bipartisan Budget Act of 2015 included the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Inflation Adjustment Act). Public Law 114-74, sec. 701 (November 2, 2015). The 2015 Inflation Adjustment Act amended a previous statutory scheme in order to improve the effectiveness of civil monetary penalties and to maintain their deterrent effect. Among other things, the 2015 Inflation Adjustment Act mandated an initial catch-up inflation adjustment for certain civil penalties by August 1, 2016, to be followed by annual inflation adjustments each year thereafter. 28 U.S.C. 2461 note. The statute capped the initial inflation increase at 150% of the original penalty. The FLRA did not have regulations for the Program Fraud Civil Remedies Act, the previous name of the AFCA, in 2015. The FLRA, therefore, could not adjust penalties under the 2015 Inflation Adjustment Act contemporaneously with the first adjustment period. With the promulgation of this final rule, the FLRA can adjust any penalties imposed under the AFCA consistent with the 2015 Inflation Adjustment Act. That adjustment remains constrained by the initial inflation adjustment cap. Accordingly, we are adjusting the penalty amount for the AFCA from the statutory $5,000 to $12,500. We arrived at this figure by determining the maximum increase permitted by the 2015 Inflation Adjustment Act—150 percent of $5,000, or $7,500—and adding that amount to the base $5,000 penalty to yield a $12,500 adjusted penalty amount. This adjustment resulted in a lower increase than a full Consumer Price Index adjustment comparing October 1984 with February 2026 on the publicly available Bureau of Labor Statistics website at *https://www.bls.gov/data/inflation_calculator.htm* (last accessed March 12, 2026). II. Overview of Comments Received On July 8, 2025, the FLRA published a proposed rule in the **Federal Register** that proposed a new part 2419 in 5 CFR chapter XIV containing the regulations required to implement the AFCA at the FLRA. The FLRA received three comment letters on the proposed rule. One commenter expressed concern that the proposed rule could be used to sanction litigants in proceedings before the FLRA if the Government disputes the factual accuracy of litigants' submissions. To address their concern, the commenter proposed modifying the rule to state that the rule is inapplicable to the proceedings of litigants in litigation matters before the FLRA. Another commenter similarly recommended clarification regarding the individuals and types of actions that could be subject to the rule, as well as how an investigation could be initiated. The commenter also recommended stating in the rule that an AFCA complaint is a “proceeding” for purposes of Title VII of the Civil Service Reform Act of 1978, Public Law 95-454, to permit use of official time by Federal employee witnesses, representatives, and defendants. The commenter further recommended that the failure to answer a complaint not result in maximum penalties under proposed 5 CFR 2419.4(e), but rather the provisions at proposed 5 CFR 2419.5(b) should apply when there is a failure to answer a complaint. Finally, the commenter made several recommendations regarding the representation of a defendant, including clarification that the representative is not limited to an attorney and the representation is not in contravention of the conflict-of-interest statute at 18 U.S.C. 205. The final commenter, in applying a recent U.S. Supreme Court decision to the proposed rule, expressed the view that the proposed rule is unconstitutional because it does not afford defendants a jury trial in an Article III court before a civil penalty may be imposed on defendants. The commenter recommended revising the rule to state that a defendant must consent to the agency proceedings and final decision, thereby waiving the right to a jury trial in an Article III court. The commenter also expressed concern that the proposed rule does not state who has the burden of proof. III. Final Rule and Discussion of Comments The FLRA carefully considered all comments received and is finalizing the rule generally as proposed. A. Application to Certain Types of Actions The terms “claim”, “person”, and “statement” are defined by statute. 31 U.S.C. 3801. The FLRA does not read these definitions under the AFCA to encompass the representations and advocacy that may occur during proceedings before the FLRA under Title VII of the Civil Service Reform Act of 1978, Pubic Law 95-454, 5 U.S.C. 7101-7135. Therefore, the FLRA is not adding further definition to these terms or other related specification in the final rule. B. Receipt and Assessment of Information by the Inspector General The “investigating official” is defined as the Inspector General by statute. 31 U.S.C. 3801(4)(A)(i). Anyone may submit or refer a complaint or information to the Inspector General of the FLRA through the Inspector General's public Hotline, which is maintained in accordance with the Inspector General Act, as amended. The FLRA Office of Inspector General

(OIG)assesses complaints and information it receives in accordance with the professional standards established under the Inspector General Act. 5 U.S.C. 424(c)(2). Given the general standards of the OIG, the FLRA is not adding further criteria to the final rule. C. Relationship to Title VII of the Civil Service Reform Act of 1978 An administrative proceeding by the FLRA under the AFCA is distinct from a proceeding before the FLRA under Title VII of the Civil Service Reform Act of 1978. The FLRA is not herein advising other agencies on managing their employees' time and attendance when participating in FLRA ACFA proceedings. Thus, the FLRA is not adding provisions regarding Federal employee official time to the final rule. D. Representation The FLRA concurs with the comment that a party could elect to be represented by an individual who is not an attorney and the FLRA has clarified this point by adding a definition of “representative” to the final rule at 5 CFR 2419.2(e). The FLRA does not concur that a proceeding under the AFCA is a “personnel administration proceeding” under 18 U.S.C. 205(d)(1)(A) because the AFCA does not distinguish or otherwise reference Federal employee and non-Federal employee defendants. Therefore, the FLRA is not adding reference to the conflict-of-interest statute in the final rule. E. Default Upon Failure To File an Answer The FLRA does not concur with the comment that the analysis under proposed 5 CFR 2419.5(b) can substitute for the default penalty at proposed 5 CFR 2419.4(e) because the detailed analysis at 5 CFR 2419.5(b) requires a record that would not exist if the defendant does not respond. Therefore, the FLRA is not removing the provisions regarding the default penalty. F. Lawfulness Under Supreme Court Case As indicated in the preamble to the proposed rule, the FLRA considered the lawfulness of the proposed rule, including the proposed rule's relationship to the case discussed by a commenter, *SEC* v. *Jarkesy,* 603 U.S. 109 (2024). While the FLRA understands the commenter's extension of *Jarkesy* to the AFCA and the constitutional concerns raised, the FLRA cannot conclude at this time that either the AFCA or the proposed rule is facially unlawful under *Jarkesy.* Congress debated whether the AFCA's predecessor statute, the Program Fraud Civil Remedies Act of 1986 (PFCRA), violated the Seventh Amendment when it enacted the PFCRA. See 132 Cong. Rec. S13007-13 (daily ed. Sept. 19, 1986). When the PFCRA was amended in 2024 and renamed the AFCA, *Jarkesy* had been decided, and the FLRA assumes that Congress understood the constitutional question. AFCA regulations are required pursuant to a statutory mandate from Congress, and the determination of whether a statute is facially unconstitutional for structural challenges ordinarily rests with the courts, not with agencies. See, *e.g., Thunder Basin Coal Co.* v. *Reich,* 510 U.S. 200, 215

(1994)(quoting *Johnson* v. *Robison,* 415 U.S. 361, 368

(1974)(“Adjudication of the constitutionality of congressional enactments has generally been thought beyond the jurisdiction of administrative agencies”)). Therefore, the FLRA is not modifying the final rule in response to the comment. G. Burden of Proof The FLRA identifies the AFCA itself as establishing which party has the burden of proof at each stage of the process. 31 U.S.C. 3803. Therefore, the FLRA is not adding further provisions regarding burden of proof to the final rule. IV. Findings and Certifications *Regulatory Planning and Review:* Executive Orders 12866, 13563, 14215, and 14192 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. This final rule has not been designated a “significant regulatory action” under section 3(f) of Executive Order 12866. Accordingly, this final rule has not been reviewed by the Office of Management and Budget as a significant regulatory action. This regulatory action determination is based on the limited scope of the final rule and the FLRA's statutory mission. The regulations are required by the AFCA and would only affect an entity suspected of making a false claim or statement related to the FLRA. Furthermore, claims and statements subject to the AFCA are capped at $1 million. *Legality and National Interest:* Executive Order 14219 directs agencies to evaluate potential new regulations under factors related to legality and the national interest. The FLRA has determined the final rule is lawful and in the national interest as the final rule is narrowly tailored to comply with the AFCA and will provide a tool for the FLRA to recover misappropriated taxpayer funds and deter misconduct. *Regulatory Flexibility Analysis:* Pursuant to section 605(b) of the Regulatory Flexibility Act, 5 U.S.C. 605(b), the FLRA has determined that this final rule will not have a significant impact on a substantial number of small entities. The AFCA only affects entities suspected of making false claims or statements and, except in proceedings arising from such suspected false claims or statements, imposes no duties or obligations on small entities. *Unfunded Mandates Reform Act of 1995:* This final rule change will not result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. *Small Business Regulatory Enforcement Fairness Act of 1996:* This action is not a major rule as defined by section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 804. This final rule will not result in an annual effect on the economy of $100,000,000 or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets. *Paperwork Reduction Act:* The final rule contains no additional information collection or record-keeping requirements under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501, *et seq.* *Federalism:* A rule has federalism implications under Executive Order 13132 if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. The FLRA has analyzed this final rule under that Order and determined that this rule does not have federalism implications. *Civil Justice Reform (Plain Language):* This final rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988. *Consultation and Coordination With Indian Tribal Governments:* This final rule does not have Tribal implications under Executive Order 13175 because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. List of Subjects in 5 CFR Part 2419 Administrative practice and procedure. For the reasons stated in the preamble, the FLRA amends 5 CFR chapter XIV by adding part 2419 to read as follows: PART 2419—THE ADMINISTRATIVE FALSE CLAIMS ACT Sec. 2419.1 Background 2419.2 Definitions. 2419.3 Pre-Complaint Procedures. 2419.4 Complaint and Prehearing Procedures. 2419.5 Hearing Procedures. 2419.6 Post-hearing Procedures. Authority: 31 U.S.C. 3803(g), 3809; Sec. 5203(j), Pub. L. 118-159, 138 Stat. 2440. § 2419.1 Background.

(a)*Legal authority.* This subpart implements the Administrative False Claims Act, codified at 31 U.S.C. 3801 through 3812. Section 3809 of that Act requires each authority head to promulgate regulations necessary to implement the provisions of the statute. Administrative False Claims Act liability is identified at 31 U.S.C. 3802. Liability for false claims can include an assessment of up to twice the amount of the false claim and a civil penalty. Liability for a false statement is a civil penalty. The civil penalty for a false claim or false statement actionable under that section is $12,500.

(b)*Limitations.* A notice to a person alleged to be liable under the Administrative False Claims Act referenced in 31 U.S.C. 3803(d)(1) must be mailed or delivered by the timeframes noted in 31 U.S.C. 3808(a). Those timeframes are the later of: 6 years after the date on which the violation of 31 U.S.C. 3802 is committed; or 3 years after the date on which facts material to the action are known or reasonably should have been known by the authority head, but in no event more than 10 years after the date on which the violation is committed. A civil action to recover a penalty or assessment must be commenced within the 3-year timeframe noted in 31 U.S.C. 3808(b).

(c)*Computation of time.* In computing any period of time under this part or in an order issued thereunder, the time begins with the day following the act, event, or default, and includes the last day of the period, unless the last day is a Saturday, Sunday, or legal holiday observed by the Federal Government, in which event the period includes the next business day.

(1)When the period of time allowed is less than 7 days, intermediate Saturdays, Sundays, and legal holidays observed by the Federal Government shall be excluded from the computation.

(2)Where a document has been served or issued by placing it in the mail, an additional 5 days will be added to the time permitted for any response.

(d)*Stays ordered by the Department of Justice.* If, at any time, the Attorney General or an Assistant Attorney General designated by the Attorney General transmits to the authority head a written finding that continuation of the administrative process described in this part with respect to a claim or statement may adversely aflect any pending or potential criminal or civil action related to such claim or statement, the authority head shall stay the process immediately. The authority head may order the process resumed only upon receipt of the written authorization of the Attorney General, the Assistant Attorney General who ordered the stay, or other appropriate Department of Justice Official.

(e)*Additional referrals.* Federal agencies that receive or discover any specific information regarding bribery, gratuities, conﬂict of interest, or other corruption or similar activity in relation to a false claim or statement, must immediately report that information consistent with the requirements of 31 U.S.C. 3808(c) to the Attorney General and agency Inspector General as appropriate.

(f)*Board of contract appeals.* If a Federal agency uses a presiding officer who is a member of a board of contract appeals as permitted by 31 U.S.C. 3801(a)(7)(C) for a matter, the procedural rules implemented by that board of contract appeals will control the litigation of that matter to the extent there is an inconsistency between the board's procedural rules and the procedural rules of this part. § 2419.2 Definitions.

(a)*Definitions from the statute.* The definitions of “authority,” “claim,” “investigating official,” “knows or has reason to know,” “person,” “presiding officer,” “reviewing official,” “statement,” “material,” and “obligation” are found in 31 U.S.C. 3801. The investigating official at the Federal Labor Relations Authority is identified as the Federal Labor Relations Authority's Inspector General, and the Federal Labor Relations Authority's Solicitor is designated to be the reviewing official by the authority head at the Federal Labor Relations Authority.

(b)*Complaint* means the administrative complaint served by the reviewing official on the defendant under § 2419.4(b).

(c)*Defendant* means any person alleged in a complaint under § 2419.4(a) to be liable for a civil penalty or assessment under § 2419.1.

(d)*Authority Head* means the Chairman of the Federal Labor Relations Authority.

(e)*Representative* means a party's attorney or other duly qualified representative. § 2419.3 Pre-Complaint Procedures.

(a)*Investigating Official.* The investigating official may elect to investigate matters potentially resulting in an Administrative False Claims Act action using the subpoena authority at 31 U.S.C. 3804, or any other authority granted to the investigating official, such as the authority of the Inspector General Act at 5 United States Code, Chapter 4.

(1)If the investigating official concludes that an action under the Administrative False Claims Act may be warranted, the investigating official shall submit a report containing the findings and conclusions of such investigation to the reviewing official.

(2)Nothing in this section shall preclude or limit the investigating official's discretion to refer allegations directly to the Department of Justice for suit under the False Claims Act (31 U.S.C. 3729-3733) or other civil relief, or to defer or postpone a report or referral to the reviewing official to avoid interference with a criminal investigation or prosecution.

(3)Nothing in this section modifies any responsibility of the investigating official to report violations of criminal law to the Attorney General.

(b)*Reviewing Official.* The procedures for the reviewing official are as follows:

(1)*Determination.* If, based on the report of the investigating official under § 2419.3(a)(2), the reviewing official determines that there is adequate evidence to believe that a person is liable under the Administrative False Claims Act, and there is a reasonable prospect of collecting an appropriate amount of penalties and assessments, the reviewing official shall transmit to the Attorney General a written notice of the reviewing official's intention to have a complaint issued under § 2419.4(a).

(2)*Written notice.* A written notice of the reviewing official's intention to have a complaint issued under § 2419.4(a) shall include:

(i)A statement of the reviewing official's reasons for issuing a complaint;

(ii)A statement specifying the evidence that supports the allegations of liability;

(iii)A description of the claims or statements upon which the allegations of liability are based;

(iv)An estimate of the amount of money, or the value of property, services, or other benefits, requested or demanded in violation of the Administrative False Claims Act;

(v)A statement of any exculpatory or mitigating circumstances that may relate to the claims or statements known by the reviewing official or the investigating official; and

(vi)A statement that there is a reasonable prospect of collecting an appropriate amount of penalties and assessments.

(c)*Request for authorization from the Department of Justice.* The reviewing official may issue a complaint under § 2419.4(a) only if:

(1)The Department of Justice approves the issuance of a complaint in a written statement described in 31 U.S.C. 3803(b)(1), and

(2)In the case of allegations of liability under 31 U.S.C. 3802(a)(1) with respect to a claim, the reviewing official determines that, with respect to such claim or a group of related claims submitted at the same time such claim is submitted, the amount of money, or the value of property or services, demanded or requested in violation of section 3802(a)(1) does not exceed $1,000,000.

(3)For the purposes of this section, a related group of claims submitted at the same time shall include only those claims arising from the same transaction ( *e.g.,* grant, loan, application, or contract) that are submitted simultaneously as part of a single request, demand, or submission.

(4)Nothing in this section shall be construed to limit the reviewing official's authority to join in a single complaint against a person, claims that are unrelated or were not submitted simultaneously, regardless of the amount of money, or the value of property or services, demanded or requested.

(d)*Written notifications.* The reviewing official shall make all appropriate written notifications required by section 3803(j)(2) of title 31 of the United States Code. § 2419.4 Complaint and Pre-Hearing Procedures.

(a)*Complaint.* The reviewing official will identify the allegations of liability in a complaint. The complaint must identify the following:

(1)The allegations of liability against the defendant, including the statutory basis for liability, an identification of the claims or statements that are the basis for the alleged liability, and the reasons why liability allegedly arises from such claims or statements;

(2)The maximum amount of penalties and assessments for which the defendant may be held liable;

(3)Instructions for filing an answer, including a specific statement of the defendant's right to request a hearing and to be represented by a representative;

(4)Identification and contact information for the governmental employee representing the reviewing official in the matter if the reviewing official is not handling the matter personally; and

(5)The fact that failure to file an answer within 30 days of service of the complaint will result in the imposition of the maximum amount of penalties and assessments without right to appeal, as provided in § 2419.4(d).

(6)At the same time the reviewing official serves the complaint, he or she shall serve the defendant with a copy of these regulations or identify a free online resource where the defendant can access these regulations.

(b)*Service of the complaint.* The Federal Labor Relations Authority must mail or deliver the complaint to the person alleged to be liable in accordance with 31 U.S.C. 3803(d)(1) within the time limitations identified at 31 U.S.C. 3808(a).

(c)*Answer.* The defendant may file an answer to the complaint within 30 days of service of the complaint by mail or facsimile to the reviewing official (current mailing address and facsimile numbers posted at *https://www.flra.gov/components-offices/offices/office-solicitor* ).

(1)In the answer, the defendant:

(i)Shall admit or deny each of the allegations of liability made in the complaint;

(ii)Shall state any defense on which the defendant intends to rely;

(iii)May state any reasons why the defendant contends that the penalties and assessments should be less than the statutory maximum; and

(iv)Shall state the name, postal address, electronic mail address, and telephone number of the person authorized by the defendant to act as defendant's representative, if any.

(2)*Hearing.* The defendant may request a hearing with the presiding officer within 30 days of service of the complaint. Upon receipt of an answer, the reviewing official shall file the complaint and answer with the presiding officer.

(3)*General answer.* If the defendant is unable to file an answer meeting the requirements of paragraph (c)(1) of this section within the time provided, the defendant may, before the expiration of 30 days from service of the complaint, file with the reviewing official a general answer denying liability and requesting a hearing, and a request for an extension of time within which to file an answer meeting the requirements of paragraph (c)(1) of this section. The reviewing official shall file promptly with the presiding officer the complaint, the general answer denying liability, and the request for an extension of time as provided in paragraph

(d)of this section. For good cause shown, the presiding officer may grant the defendant up to 30 additional days within which to file an answer meeting the requirements of paragraph (c)(1) of this section. The presiding officer shall decide expeditiously whether the defendant shall be granted the additional period of time to file such answer.

(d)*Default upon failure to file an answer.* If the defendant does not file an answer within the time prescribed in this section, the reviewing official must refer the complaint to the presiding officer within a reasonable time.

(1)Upon the referral of the complaint, the presiding officer shall promptly serve on the defendant in the manner prescribed in paragraph

(b)of this section, a notice that an initial decision will be issued under this section.

(2)The presiding officer shall assume the facts alleged in the complaint to be true and, if such facts establish liability under 31 U.S.C. 3802, the presiding officer shall issue an initial decision imposing the maximum amount of penalties and assessments allowed under the statute.

(3)Except as otherwise provided in this section, by failing to file a timely answer the defendant waives any right to further review of the penalties and assessments imposed under paragraph (d)(2) of this section and the initial decision shall become final and binding upon the parties 30 days after it is issued.

(4)If, before such an initial decision becomes final, the defendant files a motion with the presiding officer seeking to reopen on the grounds that extraordinary circumstances prevented the defendant from filing an answer, the initial decision shall be stayed pending the presiding officer's decision on the motion.

(5)If, on such motion, the defendant can demonstrate extraordinary circumstances excusing the failure to file a timely answer, the presiding officer shall withdraw the initial decision in paragraph (d)(2) of this section, if such a decision has been issued, and shall grant the defendant an opportunity to answer the complaint.

(6)A decision of the presiding officer denying a defendant's motion under paragraph (d)(4) of this section is not subject to reconsideration under § 2419.6(d).

(7)The defendant may appeal to the authority head the decision denying a motion to reopen by filing a notice of appeal with the authority head within 15 days after the presiding officer denies the motion. The timely filing of a notice of appeal shall stay the initial decision until the authority head decides the issue.

(8)If the defendant files a timely notice of appeal with the authority head, the presiding officer shall forward the record of the proceeding to the authority head.

(9)The authority head shall decide expeditiously whether extraordinary circumstances excuse the defendant's failure to file a timely answer based solely on the record before the presiding officer.

(10)If the authority head decides that extraordinary circumstances excused the defendant's failure to file a timely answer, the authority head shall remand the case to the presiding officer with instructions to grant the defendant an opportunity to answer.

(11)If the authority head decides that the defendant's failure to file a timely answer is not excused, the authority head shall reinstate the initial decision of the presiding officer, which shall become final and binding upon the parties 30 days after the authority head issues such decision.

(e)*Presiding officer disqualification and authorities.* A presiding officer may be removed from a case on the presiding officer's own initiative or on motion by the parties for disqualification of the presiding officer.

(1)*Motion and affidavit.* The motion shall be accompanied by an affidavit alleging personal bias or other reason for disqualification.

(i)Such motion and affidavit shall be filed promptly with the presiding officer upon the party's discovery of reasons requiring disqualification, or such objections shall be deemed waived.

(ii)Such affidavit shall state specific facts that support the party's belief that personal bias or other reason for disqualification exists and the time and circumstances of the party's discovery of such facts. It shall be accompanied by a certificate of the representative of record that it is made in good faith.

(iii)Upon the filing of such a motion and affidavit, the presiding officer shall proceed no further in the case until the presiding officer resolves the matter of disqualification in accordance with this section.

(2)*Authority of the presiding officer.* The presiding officer shall conduct a fair and impartial hearing, avoid delay, maintain order, and assure that a record of the proceeding is made. The presiding officer has the authority to:

(i)Set and change the date, time, and place of the hearing upon reasonable notice to the parties;

(ii)Continue or recess the hearing in whole or in part for a reasonable period of time;

(iii)Hold conferences to identify or simplify the issues, or to consider other matters that may aid in the expeditious disposition of the proceeding;

(iv)Administer oaths and affirmations;

(v)For the purpose of conducting a hearing, the presiding officer may issue subpoenas requiring the attendance and testimony of witnesses as well as the production of information as set forth in 31 U.S.C. 3804(b)(2);

(vi)Rule on motions and other procedural matters;

(vii)Regulate the requirements regarding motions including requiring any oral motion to be reduced to writing and establishing the time within which a response to any written motion will be due if the motion will not be due within 15 days after the written motion is served;

(viii)Regulate the scope and timing of discovery;

(ix)Regulate the course of the hearing and the conduct of representatives and parties to include imposing sanctions such as drawing adverse inferences, striking pleadings, deeming items admitted, restricting use of evidence, dismissing an action, or issuing an initial decision—that reasonably relate to the severity and nature of the failure or misconduct;

(x)Examine witnesses;

(xi)Receive, rule on, exclude, or limit evidence;

(xii)Upon motion of a party, take official notice of facts;

(xiii)Upon motion of a party, decide cases, in whole or in part, by summary judgment where there is no disputed issue of material fact;

(xiv)Conduct any conference, argument, or hearing on motions in person or by telephone, videoconference, or other virtual method; and

(xv)Exercise such other authority as is necessary to carry out the responsibilities of the presiding officer under this part.

(xvi)Irrespective of any implications of the above, the presiding officer does not have the authority to find Federal statutes or regulations invalid.

(xvii)Additionally, the presiding officer shall not, except to the extent required for the disposition of ex parte matters as authorized by law:

(A)Consult a person or party on a fact in issue, unless on notice and opportunity for all parties to the hearing to participate; or

(B)Be responsible to or subject to the supervision or direction of the investigating official or the reviewing official.

(f)*Prehearing.* The prehearing procedures are as follows:

(1)*Entitlement to review and obtain information.* Defendants receiving notice of the hearing from the presiding officer under 31 U.S.C. 3803(d)(2)(B) are entitled to information identified in 31 U.S.C. 3803(e), including a copy of all relevant and material documents, transcripts, records, and other materials, which relate to the allegations and upon which the findings and conclusions of the investigating official are based. Defendants should request any such information from the reviewing official's point of contact identified in the complaint. The reviewing official will provide all requested information expeditiously. Information subject to payment of a fee will be expeditiously provided upon payment of any applicable reasonable duplication fee.

(2)*Discovery.* Unless mutually agreed to by the parties, discovery is available only as ordered by the presiding officer.

(i)The presiding officer may order the following types of discovery:

(A)Requests for production of documents for inspection and copying;

(B)Requests for admissions of the authenticity of any relevant document or of the truth of any relevant fact;

(C)Written interrogatories; and

(D)Depositions.

(ii)A party seeking discovery must file a motion with the presiding officer. Such a motion shall be accompanied by a copy of the requested discovery, or in the case of depositions, a summary of the scope of the proposed deposition. Within 10 days of service, a party may file an opposition to the motion and/or a motion for protective order as provided in § 2419.4(f)(3). The presiding officer may grant a motion for discovery only if he or she finds that the discovery sought:

(A)Is necessary for the expeditious, fair, and reasonable consideration of the issues;

(B)Is not unduly costly or burdensome;

(C)Will not unduly delay the proceeding; and

(D)Does not seek privileged information.

(iii)The burden of showing that discovery should be allowed is on the party seeking discovery.

(iv)The presiding officer shall regulate the timing of discovery.

(3)*Protective orders.* A party or a prospective witness or deponent may file a motion for a protective order with respect to discovery sought by an opposing party or with respect to the hearing, seeking to limit the availability or disclosure of evidence. The presiding officer may issue any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following:

(i)That the discovery not be had;

(ii)That the discovery may be had only on specified terms and conditions, including a designation of the time or place;

(iii)That the discovery may be had only through a method of discovery other than that requested;

(iv)That certain matters not be the subject of inquiry, or that the scope of discovery be limited to certain matters;

(v)That discovery be conducted with no one present except persons designated by the presiding officer;

(vi)That the contents of discovery or evidence be sealed;

(vii)That a sealed deposition be opened only by order of the presiding officer;

(viii)That a trade secret or other confidential research, development, commercial information, or facts pertaining to any criminal investigation, proceeding, or other administrative investigation not be disclosed or be disclosed only in a designated way; or

(ix)That the parties simultaneously file specified documents.

(4)*Prehearing orders.* The presiding officer shall issue scheduling orders the presiding officer deems appropriate to ensure a fair and impartial hearing, avoid delay, maintain order, and assure that a record of the proceeding is made. At a minimum, the presiding officer must issue an order that:

(i)Sets the hearing in a location permissible under 31 U.S.C. 3803(g)(4);

(ii)Provides the written notice required by 31 U.S.C. 3803(g)(2)(A);

(iii)Governs the exchange of witness lists, statements, and exhibits;

(iv)Ensures the defendant has an opportunity to present their case, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts; and

(v)Includes in any written notice of a hearing to a defendant a description of the procedures for the conduct of the hearing. § 2419.5 Hearing.

(a)*Determinations.* The presiding officer will conduct the hearing consistent with that officer's authority to make the determinations identified in 31 U.S.C. 3803(f) by a preponderance of the evidence.

(b)*Determining the amount of penalties and assessments.* In determining an appropriate amount of civil penalties and assessments, the presiding officer and the authority head, upon appeal, should evaluate any circumstances that mitigate or aggravate the violation and should articulate in their opinions the reasons that support the penalties and assessments they impose. Because of the intangible costs of fraud, the expense of investigating such conduct, and the need to deter others who might be similarly tempted, double damages and a significant civil penalty ordinarily should be imposed. Although not exhaustive, the following factors are among those that may influence the presiding officer and the authority head in determining the amount of penalties and assessments to impose with respect to the misconduct ( *i.e.,* the false, fictitious, or fraudulent claims or statements) charged in the complaint:

(1)The number of false, fictitious or fraudulent claims or statements;

(2)The time period over which such claims or statements were made;

(3)The degree of the defendant's culpability with respect to the misconduct;

(4)The amount of money or the value of the property, services, or benefit falsely claimed;

(5)The cost of the United States Government's actual loss as a result of the misconduct, including foreseeable consequential damages and the costs of investigation;

(6)The relationship of the amount imposed as civil penalties to the amount of the United States Government's loss;

(7)The potential or actual impact of the misconduct upon public confidence in the management of United States Government programs and operations;

(8)Whether the defendant has engaged in a pattern of the same or similar misconduct;

(9)Whether the defendant attempted to conceal the misconduct;

(10)The degree to which the defendant has involved others in the misconduct or in concealing it;

(11)Where the misconduct of employees or agents is imputed to the defendant, the extent to which the defendant's practices fostered or attempted to preclude such misconduct;

(12)Whether the defendant cooperated in or obstructed an investigation of the misconduct;

(13)Whether the defendant assisted in identifying and prosecuting other wrongdoers;

(14)The complexity of the program or transaction, and the degree of the defendant's sophistication with respect to it, including the extent of the defendant's prior participation in the program or in similar transactions;

(15)Whether the defendant has been found, in any criminal, civil, or administrative proceeding to have engaged in similar misconduct or to have dealt dishonestly with the United States Government or of a state, directly or indirectly;

(16)The need to deter the defendant and others from engaging in the same or similar misconduct; and

(17)The potential impact of the misconduct on the rights of others.

(c)*Other factors.* Nothing in this section shall be construed to limit the presiding officer or the authority head from considering any other factors that in any given case may mitigate or aggravate the offense for which penalties and assessments are imposed.

(d)*The Record.* The hearing shall be recorded and transcribed.

(1)Transcripts shall be available following the hearing at a cost not to exceed the actual cost of duplication and any court reporter's reasonable fee.

(2)The transcript of testimony, exhibits and other evidence admitted at the hearing, and all documents filed in the proceeding constitute the record for the decision by the presiding officer and the authority head.

(3)The record may be inspected and copied by anyone upon payment of a reasonable fee, unless otherwise ordered by the presiding officer. § 2419.6 Post-Hearing Procedures.

(a)*Post-hearing motions.* The presiding officer may decide any post-hearing motions.

(b)*Post-hearing briefs.* Any party may file a post-hearing brief. The presiding officer shall fix the time for filing such briefs, not to exceed 60 days from the date the parties receive the transcript of the hearing or, if applicable, the stipulated record. Such briefs may be accompanied by proposed findings of fact and conclusions of law. The presiding officer may permit the parties to file reply briefs.

(c)*Decision.* Except for good cause, the presiding officer shall issue a written decision required by 31 U.S.C. 3803(h) within 90 days after the time for submission of post-hearing briefs and reply briefs, if permitted, has expired.

(d)*Appeal to the authority head.* Parties may not appeal interlocutory rulings by the presiding officer to the authority head.

(1)Except in case of default, if the defendant is determined in the decision to be liable for a civil penalty or assessment, the defendant may appeal such decision to the authority head by filing a notice of appeal with the authority head in accordance with this section. A notice of appeal shall be accompanied by a written brief specifying exceptions to the decision and reasons supporting the exceptions.

(i)A notice of appeal may be filed at any time within 30 days after the presiding officer issues the decision.

(ii)The authority head may extend the initial 30-day period for an additional 30 days if the defendant files with the authority head a request for an extension within the initial 30-day period and shows good cause.

(2)The reviewing official's representative or other designated agency official may file a brief in opposition to the notice of appeal within 30 days of receiving the notice of appeal and accompanying brief.

(3)The authority head's review will occur within the limitations noted in 31 U.S.C. 3803(i)(2)(B) and (C). There is no right to appear personally before the authority head.

(e)*Judicial review.* Section 3805 of title 31, United States Code, authorizes judicial review by an appropriate United States District Court of a final decision of the authority head imposing penalties and/or assessments under this part and specifies the procedures for such review.

(f)*Collection.* Sections 3806 and 3808(b) of title 31, United States Code, authorize actions for collection of civil penalties and assessments imposed under this part and specify the procedures for such actions. Thomas Tso, Solicitor, Federal Labor Relations Authority. [FR Doc. 2026-07877 Filed 4-22-26; 8:45 am]

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