Rules of Practice and Procedure; Adjusting Civil Money Penalties for Inflation
Final rule.
CFR Part: "12 CFR Part 622"
RIN Number: "RIN 3052-AD49"
Citation: "87 FR 1331"
Page Number: "1331"
"Rules and Regulations"
Agency: "
SUMMARY: This regulation implements inflation adjustments to civil money penalties (CMPs) that the
DATES: Effective date: This regulation is effective on
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Objective The objective of this regulation is to adjust the maximum CMPs for inflation through a final rulemaking to retain the deterrent effect of such penalties.
II. Background
A. Introduction
The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 (1996 Act) and the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act) (collectively, 1990 Act, as amended), requires all Federal agencies with the authority to enforce CMPs to evaluate and adjust, if necessary, those CMPs each year to ensure that they continue to maintain their deterrent value and promote compliance with the law. Section 3(2) of the 1990 Act, as amended, defines a civil monetary penalty /1/ as any penalty, fine, or other sanction that: (1) Either is for a specific monetary amount as provided by Federal law or has a maximum amount provided for by Federal law; (2) is assessed or enforced by an agency pursuant to Federal law; and (3) is assessed or enforced pursuant to an administrative proceeding or a civil action in the Federal courts. /2/
FOOTNOTE 1 Note: While the 1990 Act, as amended by 1996 and 2015 Acts, uses the term "civil monetary penalties" for these penalties or other sanctions, the Farm Credit Act and the FCA Regulations use the term "civil money penalties." Both terms have the same meaning. Accordingly, this rule uses the term civil money penalty, and both terms may be used interchangeably. END FOOTNOTE
FOOTNOTE 2 See 28 U.S.C. 2461 note. END FOOTNOTE
The
FOOTNOTE 3 Public Law 92-181, as amended. END FOOTNOTE
FOOTNOTE 4 42 U.S.C. 4012a and Public Law 103-325, title V, 108 Stat. 2160, 2255-87 (
B. CMPs Issued Under the Farm Credit Act
The Farm Credit Act provides that any
FOOTNOTE 5 The inflation-adjusted CMP in effect on
Section 5.32(a) of the Farm Credit Act also states that "[a]ny such institution or person who violates any provision of the [Farm Credit] Act or any regulation issued under this Act shall forfeit and pay a civil penalty of not more than
FOOTNOTE 6 The inflation-adjusted CMP in effect on
FOOTNOTE 7 Prior adjustments were made under the 1990 Act and continue to be made each year. END FOOTNOTE
The
FOOTNOTE 8 Public Law 112-141, 126 Stat. 405 (
FOOTNOTE 9 The inflation-adjusted CMP in effect on
C. Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015
1. In General
The 2015 Act required all Federal agencies to adjust the CMPs yearly, starting
Under Section 4(b) of the 1990 Act, as amended, annual adjustments are to be made no later than
FOOTNOTE 10 Public Law 114-74, sec. 701(b)(1). END FOOTNOTE
Section 5(b) of the 1990 Act, as amended, defines the term "cost-of-living adjustment" as the percentage (if any) for each civil monetary penalty by which (1) the Consumer Price Index (CPI) for the month of October of the calendar year preceding the adjustment, exceeds (2) the CPI for the month of October one year before the month of October referred to in (1) of the calendar year in which the amount of such civil monetary penalty was last set or adjusted pursuant to law. /11/
FOOTNOTE 11 The CPI is published by the
The increase for each CMP adjusted for inflation must be rounded using a method prescribed by section 5(a) of the 1990 Act, as amended, by the 2015 Act. /12/
FOOTNOTE 12 Pursuant to section 5(a)(3) of the 2015 Act, any increase determined under the subsection shall be rounded to the nearest
2. Other Adjustments
If a civil monetary penalty is subject to a cost-of-living adjustment under the 1990 Act, as amended, but is adjusted to an amount greater than the amount of the adjustment required under the Act within the 12 months preceding a required cost-of-living adjustment, the agency is not required to make the cost-of-living adjustment to that CMP in that calendar year. /13/
FOOTNOTE 13 Pursuant to section 4(d) of the 1990 Act, as amended. END FOOTNOTE
III. Yearly Adjustments
A. Mathematical Calculations of 2022 Adjustments
The adjustment requirement affects two provisions of section 5.32(a) of the Farm Credit Act. For the 2022 yearly adjustments to the CMPs set forth by the Farm Credit Act, the calculation required by the 2021
FOOTNOTE 14 OMB Circular M-22-07, Implementation of Penalty Inflation Adjustments for 2022, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. END FOOTNOTE
FOOTNOTE 15 28 U.S.C. 2461 note, section 7(a). END FOOTNOTE
FOOTNOTE 16 OMB Circular M-22-07, Implementation of Penalty Inflation Adjustments for 2022, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. END FOOTNOTE
The adjustment also affects the CMPs set by the Flood Disaster Protection Act of 1973, as amended. The adjustment multiplier is the same for all
1. New Penalty Amount in
The inflation-adjusted CMP currently in effect for violations of a final order occurring on or after
FOOTNOTE 17 12 CFR 622.61(a)(1). END FOOTNOTE
2. New Penalty Amount in
The inflation-adjusted CMP currently in effect for violations of the Farm Credit Act or regulations issued under the Farm Credit Act occurring on or after
FOOTNOTE 18 12 CFR 622.61(a)(2). END FOOTNOTE
3. New Penalty Amounts for Flood Insurance Violations Under SEC 622.61(b)
The existing maximum CMP for a pattern or practice of flood insurance violations pursuant to 42 U.S.C. 4012a(f)(5) occurring on or after
IV. Notice and Comment Not Required by Administrative Procedure Act
The 1990 Act, as amended, gives Federal agencies no discretion in the adjustment of CMPs for the rate of inflation. Further, these revisions are ministerial, technical, and noncontroversial. For these reasons, the
V. Regulatory Flexibility Act
Pursuant to section 605(b) of the Regulatory Flexibility Act (5 U.S.C.
List of Subjects in 12 CFR Part 622 Administrative practice and procedure, Crime, Investigations, Penalties.
For the reasons stated in the preamble, part 622 of chapter VI, title 12 of the Code of Federal Regulations is amended as follows:
PART 622--RULES OF PRACTICE AND PROCEDURE
1. The authority citation for part 622 continues to read as follows:
Authority: Secs. 5.9, 5.10, 5.17, 5.25-5.37 of the Farm Credit Act (12 U.S.C. 2243, 2244, 2252, 2261-2273); 28 U.S.C. 2461 note; and 42 U.S.C. 4012a(f).
2. Revise
(a) The maximum amount of each civil money penalty within
(1) Amount of civil money penalty imposed under section 5.32 of the Act for violation of a final order issued under section 5.25 or 5.26 of the Act: The maximum daily amount is
(2) Amount of civil money penalty for violation of the Act or regulations: The maximum daily amount is
(b) The maximum civil money penalty amount assessed under 42 U.S.C. 4012a(f) is
Dated:
Secretary, Farm Credit Administration Board.
[FR Doc. 2022-00307 Filed 1-10-22;
BILLING CODE 6705-01-P


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