Civil Monetary Penalties Annual Inflation Adjustments, 73638-73641 [2021-28075]
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Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Rules and Regulations
The NRC application fee for an access authorization of type . . .
NRC fee rate
(A) NRC–L based on certification of comparable investigation 1 ........................................................................................................
(B) NRC–Q based on certification of comparable investigation 2 .......................................................................................................
$95
95
1 If the NRC determines, based on its review of available data, that a Tier 3 investigation is necessary, the appropriate NRC–L fee will be assessed as shown in appendix A to this part before the conduct of the investigation.
2 If the NRC determines, based on its review of available data, that a Tier 5 investigation is necessary, the appropriate NRC–Q fee will be assessed as shown in appendix A to this part before the conduct of the investigation.
(ii) Applicants shall, in cases where
reciprocity is not acceptable and it is
necessary to perform a background
investigation, be charged the
appropriate fee referenced in appendix
A to this part. Applicants shall calculate
the access authorization fee according to
the stated formula (i.e., DCSA rate × 90.2
percent).
10. Revise appendix A to part 25 to
read as follows:
■
Appendix A to Part 25—Fees for NRC
Access Authorization
The NRC application fee for an access authorization of
type . . .
Is the sum of the current DCSA investigation billing
rate charged for an investigation of type . . .
Plus the NRC’s processing
fee (rounded to the nearest
dollar), which is equal to the
investigation billing rate for
the type of investigation referenced multiplied by . . .
(%)
Initial ‘‘L’’ access authorization 1 .....................................
Reinstatement of ‘‘L’’ access authorization 2 ..................
Renewal of ‘‘L’’ access authorization 1 ...........................
Initial ‘‘Q’’ access authorization ......................................
Initial ‘‘Q’’ access authorization (expedited processing)
Reinstatement of ‘‘Q’’ access authorization 2 .................
Renewal of ‘‘Q’’ access authorization1 ...........................
Renewal of ‘‘Q’’ access authorization 1 ..........................
Tier 3 (T3) (Standard Service) .......................................
No fee assessed for most applications ..........................
Tier 3 Reinvestigation (T3R) (Standard Service) ...........
Tier 5 (T5) (Standard Service) .......................................
T5 (Priority Handling) .....................................................
No fee assessed for most applications ..........................
Tier 5 Reinvestigation (T5R) (Standard Service) ...........
Tier 5 Reinvestigation (T5R) (Priority Handling) ............
90.2
................................................
90.2
90.2
90.2
................................................
90.2
90.2
1 If the NRC determines, based on its review of available data, that a Tier 5 investigation is necessary, the appropriate fee for an Initial ‘‘Q’’ access authorization will be assessed before the conduct of investigation.
2 Full fee will only be charged if an investigation is required.
(T5) investigation conducted by the
Defense Counterintelligence and
Security Agency, the Federal Bureau of
Investigation, or other U.S. Government
agency that conducts personnel security
investigations.
*
*
*
*
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PART 95—FACILITY SECURITY
CLEARANCE AND SAFEGUARDING
OF NATIONAL SECURITY
INFORMATION AND RESTRICTED
DATA
11. The authority citation for part 95
continues to read as follows:
■
Authority: Atomic Energy Act of 1954,
secs. 145, 161, 223, 234 (42 U.S.C. 2165,
2201, 2273, 2282); Energy Reorganization Act
of 1974, sec. 201 (42 U.S.C. 5841); 44 U.S.C.
3504 note; E.O. 10865, as amended, 25 FR
1583, 3 CFR, 1959–1963 Comp., p. 398; E.O.
12829, 58 FR 3479, 3 CFR, 1993 Comp., p.
570; E.O. 12968, 60 FR 40245, 3 CFR, 1995
Comp., p. 391; E.O. 13526, 75 FR 707, 3 CFR,
2009 Comp., p. 298.
12. In § 95.5, revise the definitions for
NRC ‘‘L’’ access authorization and NRC
‘‘Q’’ access authorization to read as
follows:
■
§ 95.5
Definitions.
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NRC ‘‘L’’ access authorization means
an access authorization granted by the
Commission that is normally based on
a Tier 3 (T3) investigation or a Tier 3
reinvestigation (T3R) conducted by the
Defense Counterintelligence and
Security Agency.
NRC ‘‘Q’’ access authorization means
an access authorization granted by the
Commission normally based on a Tier 5
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Dated: December 21, 2021.
For the Nuclear Regulatory Commission.
Daniel H. Dorman,
Executive Director for Operations.
[FR Doc. 2021–28116 Filed 12–27–21; 8:45 am]
Matching Payment Account Act. The
civil monetary penalties being adjusted
are those negotiated by the Commission
or imposed by a court for certain
statutory violations, and those imposed
by the Commission for late filing of or
failure to file certain reports required by
the Federal Election Campaign Act. The
adjusted civil monetary penalties are
calculated according to a statutory
formula and the adjusted amounts will
apply to penalties assessed after the
effective date of these rules.
BILLING CODE 7590–01–P
DATES:
FEDERAL ELECTION COMMISSION
FOR FURTHER INFORMATION CONTACT:
The final rules are effective on
December 28, 2021.
11 CFR Part 111
[Notice 2021–20]
Civil Monetary Penalties Annual
Inflation Adjustments
Federal Election Commission.
ACTION: Final rule.
AGENCY:
As required by the Federal
Civil Penalties Inflation Adjustment Act
of 1990, the Federal Election
Commission is adjusting for inflation
the civil monetary penalties established
under the Federal Election Campaign
Act, the Presidential Election Campaign
Fund Act, and the Presidential Primary
SUMMARY:
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Mr.
Robert M. Knop, Assistant General
Counsel, Mr. Joseph P. Wenzinger,
Attorney, or Ms. Terrell D. Stansbury,
Paralegal, Office of General Counsel,
(202) 694–1650 or (800) 424–9530.
The
Federal Civil Penalties Inflation
Adjustment Act of 1990 (the ‘‘Inflation
Adjustment Act’’),1 as amended by the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
SUPPLEMENTARY INFORMATION:
1 Public Law 101–410, 104 Stat. 890 (codified at
28 U.S.C. 2461 note), amended by Debt Collection
Improvement Act of 1996, Public Law 104–134,
31001(s)(1), 110 Stat. 1321, 1321–373; Federal
Reports Elimination Act of 1998, Public Law 105–
362, 1301, 112 Stat. 3280.
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Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Rules and Regulations
2015 (the ‘‘2015 Act’’),2 requires federal
agencies, including the Commission, to
adjust for inflation the civil monetary
penalties within their jurisdiction
according to prescribed formulas. A
civil monetary penalty is ‘‘any penalty,
fine, or other sanction’’ that (1) ‘‘is for
a specific monetary amount’’ or ‘‘has a
maximum amount’’ under federal law;
and (2) that a federal agency assesses or
enforces ‘‘pursuant to an administrative
proceeding or a civil action’’ in federal
court.3 Under the Federal Election
Campaign Act, 52 U.S.C. 30101 through
45 (‘‘FECA’’), the Commission may seek
and assess civil monetary penalties for
violations of FECA, the Presidential
Election Campaign Fund Act, 26 U.S.C.
9001 through 13, and the Presidential
Primary Matching Payment Account
Act, 26 U.S.C. 9031 through 42.
The Inflation Adjustment Act requires
federal agencies to adjust their civil
penalties annually, and the adjustments
must take effect no later than January 15
of every year.4 Pursuant to guidance
issued by the Office of Management and
Budget,5 the Commission is now
adjusting its civil monetary penalties for
2022.6
The Commission must adjust for
inflation its civil monetary penalties
‘‘notwithstanding Section 553’’ of the
Administrative Procedure Act
(‘‘APA’’).7 Thus, the APA’s notice-andcomment and delayed effective date
requirements in 5 U.S.C. 553(b) through
(d) do not apply because Congress has
specifically exempted agencies from
these requirements.8
Furthermore, because the inflation
adjustments made through these final
rules are required by Congress and
involve no Commission discretion or
policy judgments, these rules do not
need to be submitted to the Speaker of
the United States House of
Representatives or the President of the
United States Senate under the
Congressional Review Act, 5 U.S.C. 801
et seq. Moreover, because the APA’s
notice-and-comment procedures do not
apply to these final rules, the
Commission is not required to conduct
a regulatory flexibility analysis under 5
U.S.C. 603 or 604. See 5 U.S.C. 601(2),
604(a). Nor is the Commission required
to submit these revisions for
congressional review under FECA. See 5
U.S.C. 30111(d)(1), (4) (providing for
congressional review when Commission
‘‘prescribe[s]’’ a ‘‘rule of law’’).
The new penalty amounts will apply
to civil monetary penalties that are
assessed after the date the increase takes
effect, even if the associated violation
predated the increase.9
Explanation and Justification
The Inflation Adjustment Act requires
the Commission to annually adjust its
civil monetary penalties for inflation by
applying a cost-of-living-adjustment
(‘‘COLA’’) ratio.10 The COLA ratio is the
percentage that the Consumer Price
Index (‘‘CPI’’) 11 ‘‘for the month of
October preceding the date of the
adjustment’’ exceeds the CPI for October
of the previous year.12 To calculate the
adjusted penalty, the Commission must
increase the most recent civil monetary
penalty amount by the COLA ratio.13
According to the Office of Management
and Budget, the COLA ratio for 2022 is
0.01622, or 1.622%; thus, to calculate
the new penalties, the Commission must
11
11
11
11
11
CFR
CFR
CFR
CFR
CFR
111.24(a)(1) ...............................................................................................................
111.24(a)(2)(i) ............................................................................................................
111.24(a)(2)(ii) ...........................................................................................................
111.24(b) ....................................................................................................................
111.24(b) ....................................................................................................................
2. 11 CFR 111.43, 111.44—
Administrative Fines
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FECA authorizes the Commission to
assess civil monetary penalties for
2 Public Law 114–74, section 701, 129 Stat. 584,
599.
3 Inflation Adjustment Act section 3(2).
4 Inflation Adjustment Act section 4(a).
5 See Inflation Adjustment Act § 7(a) (requiring
OMB to ‘‘issue guidance to agencies on
implementing the inflation adjustments required
under this Act’’); see also Memorandum from
Shalanda D. Young, Acting Director, Office of
Management and Budget, to Heads of Executive
Departments and Agencies, M–22–07, Dec. 15,
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multiply the most recent civil monetary
penalties in force by 1.06222.14
The Commission assesses two types of
civil monetary penalties that must be
adjusted for inflation. First are penalties
that are either negotiated by the
Commission or imposed by a court for
violations of FECA, the Presidential
Election Campaign Fund Act, or the
Presidential Primary Matching Payment
Account Act. These civil monetary
penalties are set forth at 11 CFR 111.24.
Second are the civil monetary penalties
assessed through the Commission’s
Administrative Fines Program for late
filing or non-filing of certain reports
required by FECA. See 52 U.S.C.
30109(a)(4)(C) (authorizing
Administrative Fines Program), 30104(a)
(requiring political committee treasurers
to report receipts and disbursements
within certain time periods). The
penalty schedules for these civil
monetary penalties are set out at 11 CFR
111.43 and 111.44.
1. 11
CFR 111.24—Civil Penalties
FECA establishes the civil monetary
penalties for violations of FECA and the
other statutes within the Commission’s
jurisdiction. See 52 U.S.C. 30109(a)(5),
(6), (12). Commission regulations in 11
CFR 111.24 provide the current
inflation-adjusted amount for each such
civil monetary penalty. To calculate the
adjusted civil monetary penalty, the
Commission multiplies the most recent
penalty amount by the COLA ratio and
rounds that figure to the nearest dollar.
The actual adjustment to each civil
monetary penalty is shown in the chart
below.
Most recent
civil penalty
Section
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$20,528
43,792
71,812
6,141
15,352
COLA
1.06222
1.06222
1.06222
1.06222
1.06222
New
civil penalty
21,805
46,517
76,280
6,523
16,307
violations of the reporting requirements
of 52 U.S.C. 30104(a) according to the
penalty schedules ‘‘established and
published by the Commission.’’ 52
U.S.C. 30109(a)(4)(C)(i). The
Commission has established two
penalty schedules: The penalty
schedule in 11 CFR 111.43(a) applies to
reports that are not election sensitive,
and the penalty schedule in 11 CFR
2021, https://www.whitehouse.gov/wp-content/
uploads/2021/12/M-22-07.pdf (‘‘OMB
Memorandum’’).
6 Inflation Adjustment Act section 5.
7 Inflation Adjustment Act section 4(b)(2).
8 See, e.g., Asiana Airlines v. FAA, 134 F.3d 393,
396–99 (D.C. Cir. 1998) (finding APA ‘‘notice and
comment’’ requirement not applicable where
Congress clearly expressed intent to depart from
normal APA procedures).
9 Inflation Adjustment Act section 6.
10 The COLA ratio must be applied to the most
recent civil monetary penalties. Inflation
Adjustment Act, section 4(a); see also OMB
Memorandum at 2.
11 The Inflation Adjustment Act, section 3, uses
the CPI ‘‘for all-urban consumers published by the
Department of Labor.’’
12 Inflation Adjustment Act, section 5(b)(1).
13 Inflation Adjustment Act, section 5(a), (b)(1).
14 OMB Memorandum at 1.
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Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Rules and Regulations
111.43(b) applies to reports that are
election sensitive.15 Each penalty
schedule contains two columns of
penalties, one for late-filed reports and
one for non-filed reports, with penalties
based on the level of financial activity
in the report and, if late-filed, its
lateness.16 In addition, 11 CFR 111.43(c)
establishes a civil monetary penalty for
situations in which a committee fails to
file a report and the Commission cannot
calculate the relevant level of activity.
Finally, 11 CFR 111.44 establishes a
civil monetary penalty for failure to file
timely reports of contributions received
less than 20 days, but more than 48
hours, before an election. See 52 U.S.C.
30104(a)(6).
To determine the adjusted civil
monetary penalty amount for each level
of activity, the Commission multiplies
the most recent penalty amount by the
COLA ratio and rounds that figure to the
nearest dollar. The new civil monetary
penalties are shown in the schedules in
the rule text, below.
List of Subjects in 11 CFR Part 111
Administrative practice and
procedures, Elections, Law enforcement,
Penalties.
For the reasons set out in the
preamble, the Federal Election
Commission amends 11 CFR part 111 as
follows:
column, remove the number indicated
in the middle column, and add in its
place the number indicated in the right
column.
Section
Remove
Add
111.24(a)(1) .............................
111.24(a)(2)(i) .........................
111.24(a)(2)(ii) .........................
111.24(b) .................................
111.24(b) .................................
$20,528
43,792
71,812
6,141
15,352
$21,805
46,517
76,280
6,523
16,307
3. Section 111.43 is amended by
revising paragraphs (a), (b), and (c) to
read as follows:
PART 111—COMPLIANCE
PROCEDURE (52 U.S.C. 30109,
30107(a))
■
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1. The authority citation for part 111
continues to read as follows:
§ 111.43 What are the schedules of
penalties?
Authority: 52 U.S.C. 30102(i), 30109,
30107(a), 30111(a)(8); 28 U.S.C. 2461 nt.
(a) The civil money penalty for all
reports that are filed late or not filed,
except election sensitive reports and
pre-election reports under 11 CFR 104.5,
shall be calculated in accordance with
the following schedule of penalties:
§ 111.24
[Amended]
2. In § 111.24, in the table below, for
each paragraph indicated in the left
■
TABLE 1 TO PARAGRAPH (a)
If the level of activity in the
report was:
And the report was filed late, the civil money penalty is:
Or the report was not filed, the civil money penalty is:
$1–4,999.99 a ......................
[$38 + ($6 × Number of days late)] × [1 + (.25 × Number of previous violations)].
[$74 + ($6 × Number of days late)] × [1 + (.25 × Number of previous violations)].
[$160 + ($6 × Number of days late)] × [1 + (.25 × Number of previous violations)].
[$317 + ($30 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$478 + ($120 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$635 + ($160 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$952 + ($199 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$1,274 + ($238 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$1,589 + ($277 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$2,385 + ($317 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$3,180 + ($317 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$3,974 + ($317 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$4,768 + ($317 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$5,563 + ($317 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$6,358 + ($317 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$7,154 + ($317 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$7,948 + ($317 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
$373 × [1 + (.25 × Number of previous violations)].
$5,000–9,999.99 .................
$10,000–24,999.99 .............
$25,000–49,999.99 .............
$50,000–74,999.99 .............
$75,000–99,999.99 .............
$100,000–149,999.99 .........
$150,000–199,999.99 .........
$200,000–249,999.99 .........
$250,000–349,999.99 .........
$350,000–449,999.99 .........
$450,000–549,999.99 .........
$550,000–649,999.99 .........
$650,000–749,999.99 .........
$750,000–849,999.99 .........
$850,000–949,999.99 .........
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$950,000 or over .................
a The
$448 × [1 + (.25 × Number of previous violations)].
$748 × [1 + (.25 × Number of previous violations)].
$1,346 × [1 + (.25 × Number of previous violations)].
$4,292 × [1 + (.25 × Number of previous violations)].
$5,563 × [1 + (.25 × Number of previous violations)].
$7,154 × [1 + (.25 × Number of previous violations)].
$8,743 × [1 + (.25 × Number of previous violations)].
$10,332 × [1 + (.25 × Number of previous violations)].
$12,717 × [1 + (.25 × Number of previous violations)].
$14,306 × [1 + (.25 × Number of previous violations)].
$15,101 × [1 + (.25 × Number of previous violations)].
$15,897 × [1 + (.25 × Number of previous violations)].
$16,691 × [1 + (.25 × Number of previous violations)].
$17,485 × [1 + (.25 × Number of previous violations)].
$ 18,280 × [1 + (.25 × Number of previous violations)].
$19,075 × [1 + (.25 × Number of previous violations)].
civil money penalty for a respondent who does not have any previous violations will not exceed the level of activity in the report.
15 Election sensitive reports are certain reports
due shortly before an election. See 11 CFR
111.43(d)(1).
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16 A report is considered to be ‘‘not filed’’ if it is
never filed or is filed more than a certain number
of days after its due date. See 11 CFR 111.43(e).
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Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Rules and Regulations
(b) The civil money penalty for
election sensitive reports that are filed
late or not filed shall be calculated in
73641
accordance with the following schedule
of penalties:
TABLE 2 TO PARAGRAPH (b)
If the level of activity in the
report was:
And the report was filed late, the civil money penalty is:
Or the report was not filed, the civil money penalty is:
$1–$4,999.99 a ....................
[$74 + ($14 × Number of days late)] × [1 + (.25 × Number of previous violations)].
[$150 + ($14 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$224 + ($14 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$478 + ($38 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$716 + ($120 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$952 + ($160 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$1,431 + ($199 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$1,908 + ($238 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$2,385 + ($277 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$3,576 + ($317 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$4,768 + ($317 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$5,961 + ($317 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$7,154 + ($317 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$8,346 + ($317 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$9,537 + ($317 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$10,729 + ($317 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$11,922 + ($317 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
$748 × [1 + (.25 × Number of previous violations)].
$5,000–$9,999.99 ...............
$10,000–24,999.99 .............
$25,000–49,999.99 .............
$50,000–74,999.99 .............
$75,000–99,999.99 .............
$100,000–149,999.99 .........
$150,000–199,999.99 .........
$200,000–249,999.99 .........
$250,000–349,999.99 .........
$350,000–449,999.99 .........
$450,000–549,999.99 .........
$550,000–649,999.99 .........
$650,000–749,999.99 .........
$750,000–849,999.99 .........
$850,000–949,999.99 .........
$950,000 or over .................
a The
$1,346 × [1 + (.25 × Number of previous violations)].
$2,093 × [1 + (.25 × Number of previous violations)].
$4,768 × [1 + (.25 × Number of previous violations)].
$6,358 × [1 + (.25 × Number of previous violations)].
$7,948 × [1 + (.25 × Number of previous violations)].
$9,537 × [1 + (.25 × Number of previous violations)].
$11,922 × [1 + (.25 × Number of previous violations)].
$14,306 × [1 + (.25 × Number of previous violations)].
$15,897 × [1 + (.25 × Number of previous violations)].
$17,485 × [1 + (.25 × Number of previous violations)].
$19,075 × [1 + (.25 × Number of previous violations)].
$20,665 × [1 + (.25 × Number of previous violations)].
$22,255 × [1 + (.25 × Number of previous violations)].
$23,843 × [1 + (.25 × Number of previous violations)].
$25,434 × [1 + (.25 × Number of previous violations)].
civil money penalty for a respondent who does not have any previous violations will not exceed the level of activity in the report.
(c) If the respondent fails to file a
required report and the Commission
cannot calculate the level of activity
under paragraph (d) of this section, then
the civil money penalty shall be $8,743.
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§ 111.44
4. In § 111.44, in paragraph (a)(1),
remove ‘‘$151’’ and add in its place
‘‘$160’’.
[FR Doc. 2021–28075 Filed 12–27–21; 8:45 am]
BILLING CODE 6715–01–P
20:57 Dec 27, 2021
12 CFR Part 1282
RIN 2590–AB12
Federal Housing Finance
Agency.
ACTION: Final rule.
AGENCY:
Dated: December 21, 2021.
On behalf of the Commission,
Ellen L. Weintraub,
Commissioner, Federal Election Commission.
VerDate Sep<11>2014
FEDERAL HOUSING FINANCE
AGENCY
2022–2024 Single-Family and 2022
Multifamily Enterprise Housing Goals
[Amended]
■
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$897 × [1 + (.25 × Number of previous violations)].
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The Federal Housing Finance
Agency (FHFA) is issuing a final rule on
the single-family housing goals for
Fannie Mae and Freddie Mac (the
Enterprises) for 2022 through 2024, as
well as the multifamily housing goals
for 2022. The Federal Housing
Enterprises Financial Safety and
Soundness Act of 1992 (the Safety and
Soundness Act) requires FHFA to
establish annual housing goals for
mortgages purchased by the Enterprises.
The housing goals include separate
SUMMARY:
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categories for single-family and
multifamily mortgages on housing that
is affordable to low-income and very
low-income families, among other
categories. The final rule establishes the
benchmark levels for each of the singlefamily housing goals and subgoals for
2022 through 2024. The final rule also
replaces the low-income areas subgoal
with separate area-based subgoals
targeting the individual components of
the low-income areas subgoal (minority
census tracts and low-income census
tracts). The final rule establishes the
multifamily housing goals for 2022 only.
For the small low-income multifamily
subgoal, the final rule establishes
separate benchmarks for Fannie Mae
and Freddie Mac. Finally, the final rule
makes several technical changes to
definitions and other provisions to
conform the regulation to existing
practice.
The final rule is effective on
February 28, 2022.
DATES:
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]]>Agencies
[Federal Register Volume 86, Number 246 (Tuesday, December 28, 2021)]
[Rules and Regulations]
[Pages 73638-73641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28075]
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FEDERAL ELECTION COMMISSION
11 CFR Part 111
[Notice 2021-20]
Civil Monetary Penalties Annual Inflation Adjustments
AGENCY: Federal Election Commission.
ACTION: Final rule.
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SUMMARY: As required by the Federal Civil Penalties Inflation
Adjustment Act of 1990, the Federal Election Commission is adjusting
for inflation the civil monetary penalties established under the
Federal Election Campaign Act, the Presidential Election Campaign Fund
Act, and the Presidential Primary Matching Payment Account Act. The
civil monetary penalties being adjusted are those negotiated by the
Commission or imposed by a court for certain statutory violations, and
those imposed by the Commission for late filing of or failure to file
certain reports required by the Federal Election Campaign Act. The
adjusted civil monetary penalties are calculated according to a
statutory formula and the adjusted amounts will apply to penalties
assessed after the effective date of these rules.
DATES: The final rules are effective on December 28, 2021.
FOR FURTHER INFORMATION CONTACT: Mr. Robert M. Knop, Assistant General
Counsel, Mr. Joseph P. Wenzinger, Attorney, or Ms. Terrell D.
Stansbury, Paralegal, Office of General Counsel, (202) 694-1650 or
(800) 424-9530.
SUPPLEMENTARY INFORMATION: The Federal Civil Penalties Inflation
Adjustment Act of 1990 (the ``Inflation Adjustment Act''),\1\ as
amended by the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of
[[Page 73639]]
2015 (the ``2015 Act''),\2\ requires federal agencies, including the
Commission, to adjust for inflation the civil monetary penalties within
their jurisdiction according to prescribed formulas. A civil monetary
penalty is ``any penalty, fine, or other sanction'' that (1) ``is for a
specific monetary amount'' or ``has a maximum amount'' under federal
law; and (2) that a federal agency assesses or enforces ``pursuant to
an administrative proceeding or a civil action'' in federal court.\3\
Under the Federal Election Campaign Act, 52 U.S.C. 30101 through 45
(``FECA''), the Commission may seek and assess civil monetary penalties
for violations of FECA, the Presidential Election Campaign Fund Act, 26
U.S.C. 9001 through 13, and the Presidential Primary Matching Payment
Account Act, 26 U.S.C. 9031 through 42.
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\1\ Public Law 101-410, 104 Stat. 890 (codified at 28 U.S.C.
2461 note), amended by Debt Collection Improvement Act of 1996,
Public Law 104-134, 31001(s)(1), 110 Stat. 1321, 1321-373; Federal
Reports Elimination Act of 1998, Public Law 105-362, 1301, 112 Stat.
3280.
\2\ Public Law 114-74, section 701, 129 Stat. 584, 599.
\3\ Inflation Adjustment Act section 3(2).
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The Inflation Adjustment Act requires federal agencies to adjust
their civil penalties annually, and the adjustments must take effect no
later than January 15 of every year.\4\ Pursuant to guidance issued by
the Office of Management and Budget,\5\ the Commission is now adjusting
its civil monetary penalties for 2022.\6\
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\4\ Inflation Adjustment Act section 4(a).
\5\ See Inflation Adjustment Act Sec. 7(a) (requiring OMB to
``issue guidance to agencies on implementing the inflation
adjustments required under this Act''); see also Memorandum from
Shalanda D. Young, Acting Director, Office of Management and Budget,
to Heads of Executive Departments and Agencies, M-22-07, Dec. 15,
2021, https://www.whitehouse.gov/wp-content/uploads/2021/12/M-22-07.pdf (``OMB Memorandum'').
\6\ Inflation Adjustment Act section 5.
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The Commission must adjust for inflation its civil monetary
penalties ``notwithstanding Section 553'' of the Administrative
Procedure Act (``APA'').\7\ Thus, the APA's notice-and-comment and
delayed effective date requirements in 5 U.S.C. 553(b) through (d) do
not apply because Congress has specifically exempted agencies from
these requirements.\8\
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\7\ Inflation Adjustment Act section 4(b)(2).
\8\ See, e.g., Asiana Airlines v. FAA, 134 F.3d 393, 396-99
(D.C. Cir. 1998) (finding APA ``notice and comment'' requirement not
applicable where Congress clearly expressed intent to depart from
normal APA procedures).
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Furthermore, because the inflation adjustments made through these
final rules are required by Congress and involve no Commission
discretion or policy judgments, these rules do not need to be submitted
to the Speaker of the United States House of Representatives or the
President of the United States Senate under the Congressional Review
Act, 5 U.S.C. 801 et seq. Moreover, because the APA's notice-and-
comment procedures do not apply to these final rules, the Commission is
not required to conduct a regulatory flexibility analysis under 5
U.S.C. 603 or 604. See 5 U.S.C. 601(2), 604(a). Nor is the Commission
required to submit these revisions for congressional review under FECA.
See 5 U.S.C. 30111(d)(1), (4) (providing for congressional review when
Commission ``prescribe[s]'' a ``rule of law'').
The new penalty amounts will apply to civil monetary penalties that
are assessed after the date the increase takes effect, even if the
associated violation predated the increase.\9\
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\9\ Inflation Adjustment Act section 6.
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Explanation and Justification
The Inflation Adjustment Act requires the Commission to annually
adjust its civil monetary penalties for inflation by applying a cost-
of-living-adjustment (``COLA'') ratio.\10\ The COLA ratio is the
percentage that the Consumer Price Index (``CPI'') \11\ ``for the month
of October preceding the date of the adjustment'' exceeds the CPI for
October of the previous year.\12\ To calculate the adjusted penalty,
the Commission must increase the most recent civil monetary penalty
amount by the COLA ratio.\13\ According to the Office of Management and
Budget, the COLA ratio for 2022 is 0.01622, or 1.622%; thus, to
calculate the new penalties, the Commission must multiply the most
recent civil monetary penalties in force by 1.06222.\14\
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\10\ The COLA ratio must be applied to the most recent civil
monetary penalties. Inflation Adjustment Act, section 4(a); see also
OMB Memorandum at 2.
\11\ The Inflation Adjustment Act, section 3, uses the CPI ``for
all-urban consumers published by the Department of Labor.''
\12\ Inflation Adjustment Act, section 5(b)(1).
\13\ Inflation Adjustment Act, section 5(a), (b)(1).
\14\ OMB Memorandum at 1.
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The Commission assesses two types of civil monetary penalties that
must be adjusted for inflation. First are penalties that are either
negotiated by the Commission or imposed by a court for violations of
FECA, the Presidential Election Campaign Fund Act, or the Presidential
Primary Matching Payment Account Act. These civil monetary penalties
are set forth at 11 CFR 111.24. Second are the civil monetary penalties
assessed through the Commission's Administrative Fines Program for late
filing or non-filing of certain reports required by FECA. See 52 U.S.C.
30109(a)(4)(C) (authorizing Administrative Fines Program), 30104(a)
(requiring political committee treasurers to report receipts and
disbursements within certain time periods). The penalty schedules for
these civil monetary penalties are set out at 11 CFR 111.43 and 111.44.
1. 11 CFR 111.24--Civil Penalties
FECA establishes the civil monetary penalties for violations of
FECA and the other statutes within the Commission's jurisdiction. See
52 U.S.C. 30109(a)(5), (6), (12). Commission regulations in 11 CFR
111.24 provide the current inflation-adjusted amount for each such
civil monetary penalty. To calculate the adjusted civil monetary
penalty, the Commission multiplies the most recent penalty amount by
the COLA ratio and rounds that figure to the nearest dollar.
The actual adjustment to each civil monetary penalty is shown in
the chart below.
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Most recent New civil
Section civil penalty COLA penalty
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11 CFR 111.24(a)(1)........................................... $20,528 1.06222 21,805
11 CFR 111.24(a)(2)(i)........................................ 43,792 1.06222 46,517
11 CFR 111.24(a)(2)(ii)....................................... 71,812 1.06222 76,280
11 CFR 111.24(b).............................................. 6,141 1.06222 6,523
11 CFR 111.24(b).............................................. 15,352 1.06222 16,307
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2. 11 CFR 111.43, 111.44--Administrative Fines
FECA authorizes the Commission to assess civil monetary penalties
for violations of the reporting requirements of 52 U.S.C. 30104(a)
according to the penalty schedules ``established and published by the
Commission.'' 52 U.S.C. 30109(a)(4)(C)(i). The Commission has
established two penalty schedules: The penalty schedule in 11 CFR
111.43(a) applies to reports that are not election sensitive, and the
penalty schedule in 11 CFR
[[Page 73640]]
111.43(b) applies to reports that are election sensitive.\15\ Each
penalty schedule contains two columns of penalties, one for late-filed
reports and one for non-filed reports, with penalties based on the
level of financial activity in the report and, if late-filed, its
lateness.\16\ In addition, 11 CFR 111.43(c) establishes a civil
monetary penalty for situations in which a committee fails to file a
report and the Commission cannot calculate the relevant level of
activity. Finally, 11 CFR 111.44 establishes a civil monetary penalty
for failure to file timely reports of contributions received less than
20 days, but more than 48 hours, before an election. See 52 U.S.C.
30104(a)(6).
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\15\ Election sensitive reports are certain reports due shortly
before an election. See 11 CFR 111.43(d)(1).
\16\ A report is considered to be ``not filed'' if it is never
filed or is filed more than a certain number of days after its due
date. See 11 CFR 111.43(e).
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To determine the adjusted civil monetary penalty amount for each
level of activity, the Commission multiplies the most recent penalty
amount by the COLA ratio and rounds that figure to the nearest dollar.
The new civil monetary penalties are shown in the schedules in the rule
text, below.
List of Subjects in 11 CFR Part 111
Administrative practice and procedures, Elections, Law enforcement,
Penalties.
For the reasons set out in the preamble, the Federal Election
Commission amends 11 CFR part 111 as follows:
PART 111--COMPLIANCE PROCEDURE (52 U.S.C. 30109, 30107(a))
0
1. The authority citation for part 111 continues to read as follows:
Authority: 52 U.S.C. 30102(i), 30109, 30107(a), 30111(a)(8); 28
U.S.C. 2461 nt.
Sec. 111.24 [Amended]
0
2. In Sec. 111.24, in the table below, for each paragraph indicated in
the left column, remove the number indicated in the middle column, and
add in its place the number indicated in the right column.
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Section Remove Add
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111.24(a)(1)........................................ $20,528 $21,805
111.24(a)(2)(i)..................................... 43,792 46,517
111.24(a)(2)(ii).................................... 71,812 76,280
111.24(b)........................................... 6,141 6,523
111.24(b)........................................... 15,352 16,307
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0
3. Section 111.43 is amended by revising paragraphs (a), (b), and (c)
to read as follows:
Sec. 111.43 What are the schedules of penalties?
(a) The civil money penalty for all reports that are filed late or
not filed, except election sensitive reports and pre-election reports
under 11 CFR 104.5, shall be calculated in accordance with the
following schedule of penalties:
Table 1 to Paragraph (a)
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And the report Or the report
If the level of activity in the was filed late, was not filed,
report was: the civil money the civil money
penalty is: penalty is:
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$1-4,999.99 \a\.................... [$38 + ($6 x $373 x [1 + (.25
Number of days x Number of
late)] x [1 + previous
(.25 x Number of violations)].
previous
violations)].
$5,000-9,999.99.................... [$74 + ($6 x $448 x [1 + (.25
Number of days x Number of
late)] x [1 + previous
(.25 x Number of violations)].
previous
violations)].
$10,000-24,999.99.................. [$160 + ($6 x $748 x [1 + (.25
Number of days x Number of
late)] x [1 + previous
(.25 x Number of violations)].
previous
violations)].
$25,000-49,999.99.................. [$317 + ($30 x $1,346 x [1 +
Number of days (.25 x Number
late)] x [1 + of previous
(.25 x Number of violations)].
previous
violations)].
$50,000-74,999.99.................. [$478 + ($120 x $4,292 x [1 +
Number of days (.25 x Number
late)] x [1 + of previous
(.25 x Number of violations)].
previous
violations)].
$75,000-99,999.99.................. [$635 + ($160 x $5,563 x [1 +
Number of days (.25 x Number
late)] x [1 + of previous
(.25 x Number of violations)].
previous
violations)].
$100,000-149,999.99................ [$952 + ($199 x $7,154 x [1 +
Number of days (.25 x Number
late)] x [1 + of previous
(.25 x Number of violations)].
previous
violations)].
$150,000-199,999.99................ [$1,274 + ($238 x $8,743 x [1 +
Number of days (.25 x Number
late)] x [1 + of previous
(.25 x Number of violations)].
previous
violations)].
$200,000-249,999.99................ [$1,589 + ($277 x $10,332 x [1 +
Number of days (.25 x Number
late)] x [1 + of previous
(.25 x Number of violations)].
previous
violations)].
$250,000-349,999.99................ [$2,385 + ($317 x $12,717 x [1 +
Number of days (.25 x Number
late)] x [1 + of previous
(.25 x Number of violations)].
previous
violations)].
$350,000-449,999.99................ [$3,180 + ($317 x $14,306 x [1 +
Number of days (.25 x Number
late)] x [1 + of previous
(.25 x Number of violations)].
previous
violations)].
$450,000-549,999.99................ [$3,974 + ($317 x $15,101 x [1 +
Number of days (.25 x Number
late)] x [1 + of previous
(.25 x Number of violations)].
previous
violations)].
$550,000-649,999.99................ [$4,768 + ($317 x $15,897 x [1 +
Number of days (.25 x Number
late)] x [1 + of previous
(.25 x Number of violations)].
previous
violations)].
$650,000-749,999.99................ [$5,563 + ($317 x $16,691 x [1 +
Number of days (.25 x Number
late)] x [1 + of previous
(.25 x Number of violations)].
previous
violations)].
$750,000-849,999.99................ [$6,358 + ($317 x $17,485 x [1 +
Number of days (.25 x Number
late)] x [1 + of previous
(.25 x Number of violations)].
previous
violations)].
$850,000-949,999.99................ [$7,154 + ($317 x $ 18,280 x [1 +
Number of days (.25 x Number
late)] x [1 + of previous
(.25 x Number of violations)].
previous
violations)].
$950,000 or over................... [$7,948 + ($317 x $19,075 x [1 +
Number of days (.25 x Number
late)] x [1 + of previous
(.25 x Number of violations)].
previous
violations)].
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\a\ The civil money penalty for a respondent who does not have any
previous violations will not exceed the level of activity in the
report.
[[Page 73641]]
(b) The civil money penalty for election sensitive reports that are
filed late or not filed shall be calculated in accordance with the
following schedule of penalties:
Table 2 to Paragraph (b)
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And the report Or the report
If the level of activity in the was filed late, was not filed,
report was: the civil money the civil money
penalty is: penalty is:
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$1-$4,999.99 \a\................... [$74 + ($14 x $748 x [1 + (.25
Number of days x Number of
late)] x [1 + previous
(.25 x Number of violations)].
previous
violations)].
$5,000-$9,999.99................... [$150 + ($14 x $897 x [1 + (.25
Number of days x Number of
late)] x [1 + previous
(.25 x Number of violations)].
previous
violations)].
$10,000-24,999.99.................. [$224 + ($14 x $1,346 x [1 +
Number of days (.25 x Number
late)] x [1 + of previous
(.25 x Number of violations)].
previous
violations)].
$25,000-49,999.99.................. [$478 + ($38 x $2,093 x [1 +
Number of days (.25 x Number
late)] x [1 + of previous
(.25 x Number of violations)].
previous
violations)].
$50,000-74,999.99.................. [$716 + ($120 x $4,768 x [1 +
Number of days (.25 x Number
late)] x [1 + of previous
(.25 x Number of violations)].
previous
violations)].
$75,000-99,999.99.................. [$952 + ($160 x $6,358 x [1 +
Number of days (.25 x Number
late)] x [1 + of previous
(.25 x Number of violations)].
previous
violations)].
$100,000-149,999.99................ [$1,431 + ($199 x $7,948 x [1 +
Number of days (.25 x Number
late)] x [1 + of previous
(.25 x Number of violations)].
previous
violations)].
$150,000-199,999.99................ [$1,908 + ($238 x $9,537 x [1 +
Number of days (.25 x Number
late)] x [1 + of previous
(.25 x Number of violations)].
previous
violations)].
$200,000-249,999.99................ [$2,385 + ($277 x $11,922 x [1 +
Number of days (.25 x Number
late)] x [1 + of previous
(.25 x Number of violations)].
previous
violations)].
$250,000-349,999.99................ [$3,576 + ($317 x $14,306 x [1 +
Number of days (.25 x Number
late)] x [1 + of previous
(.25 x Number of violations)].
previous
violations)].
$350,000-449,999.99................ [$4,768 + ($317 x $15,897 x [1 +
Number of days (.25 x Number
late)] x [1 + of previous
(.25 x Number of violations)].
previous
violations)].
$450,000-549,999.99................ [$5,961 + ($317 x $17,485 x [1 +
Number of days (.25 x Number
late)] x [1 + of previous
(.25 x Number of violations)].
previous
violations)].
$550,000-649,999.99................ [$7,154 + ($317 x $19,075 x [1 +
Number of days (.25 x Number
late)] x [1 + of previous
(.25 x Number of violations)].
previous
violations)].
$650,000-749,999.99................ [$8,346 + ($317 x $20,665 x [1 +
Number of days (.25 x Number
late)] x [1 + of previous
(.25 x Number of violations)].
previous
violations)].
$750,000-849,999.99................ [$9,537 + ($317 x $22,255 x [1 +
Number of days (.25 x Number
late)] x [1 + of previous
(.25 x Number of violations)].
previous
violations)].
$850,000-949,999.99................ [$10,729 + ($317 $23,843 x [1 +
x Number of days (.25 x Number
late)] x [1 + of previous
(.25 x Number of violations)].
previous
violations)].
$950,000 or over................... [$11,922 + ($317 $25,434 x [1 +
x Number of days (.25 x Number
late)] x [1 + of previous
(.25 x Number of violations)].
previous
violations)].
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\a\ The civil money penalty for a respondent who does not have any
previous violations will not exceed the level of activity in the
report.
(c) If the respondent fails to file a required report and the
Commission cannot calculate the level of activity under paragraph (d)
of this section, then the civil money penalty shall be $8,743.
* * * * *
Sec. 111.44 [Amended]
0
4. In Sec. 111.44, in paragraph (a)(1), remove ``$151'' and add in its
place ``$160''.
Dated: December 21, 2021.
On behalf of the Commission,
Ellen L. Weintraub,
Commissioner, Federal Election Commission.
[FR Doc. 2021-28075 Filed 12-27-21; 8:45 am]
BILLING CODE 6715-01-P
