Rule2025-00737
Civil Monetary Penalty Inflation Adjustment
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 15, 2025
Effective
January 15, 2025
Issuing agencies
National Credit Union Administration
Abstract
The NCUA Board (Board) is amending its regulations to adjust the maximum amount of each civil monetary penalty (CMP) within its jurisdiction to account for inflation. This action, including the amount of the adjustments, is required under the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 and the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.
Full Text
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<title>Federal Register, Volume 90 Issue 9 (Wednesday, January 15, 2025)</title>
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[Federal Register Volume 90, Number 9 (Wednesday, January 15, 2025)]
[Rules and Regulations]
[Pages 3618-3622]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-00737]
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NATIONAL CREDIT UNION ADMINISTRATION
12 CFR Part 747
RIN 3133-AF65
Civil Monetary Penalty Inflation Adjustment
AGENCY: National Credit Union Administration (NCUA).
[[Page 3619]]
ACTION: Final rule.
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SUMMARY: The NCUA Board (Board) is amending its regulations to adjust
the maximum amount of each civil monetary penalty (CMP) within its
jurisdiction to account for inflation. This action, including the
amount of the adjustments, is required under the Federal Civil
Penalties Inflation Adjustment Act of 1990, as amended by the Debt
Collection Improvement Act of 1996 and the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015.
DATES: This final rule is effective January 15, 2025.
FOR FURTHER INFORMATION CONTACT: Gira Bose, Senior Staff Attorney, at
1775 Duke Street, Alexandria, VA 22314, via email at <a href="/cdn-cgi/l/email-protection#d2b5b0bda1b792bcb1a7b3fcb5bda4"><span class="__cf_email__" data-cfemail="375055584452775954425619505841">[email protected]</span></a>, or
by telephone at (703) 518-6562.
SUPPLEMENTARY INFORMATION:
I. Legal Background
II. Regulatory Procedures
I. Legal Background
A. Statutory Requirements
Every Federal agency, including the NCUA, is required by law to
adjust its maximum CMP amounts each year to account for inflation.
Prior to this being an annual requirement, agencies were required to
adjust their CMPs at least once every four years. The previous four-
year requirement stemmed from the Debt Collection Improvement Act of
1996,\1\ which amended the Federal Civil Penalties Inflation Adjustment
Act of 1990.\2\
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\1\ Public Law 104-134, Sec. 31001(s), 110 Stat. 1321-373 (Apr.
26, 1996). The law is codified at 28 U.S.C. 2461 note.
\2\ Public Law 101-410, 104 Stat. 890 (Oct. 5, 1990), codified
at 28 U.S.C. 2461 note.
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The current annual requirement stems from the Bipartisan Budget Act
of 2015,\3\ which contains the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015 (the 2015 amendments).\4\ This
legislation provided for an initial ``catch-up'' adjustment of CMPs in
2016, followed by annual adjustments. The catch-up adjustment reset CMP
maximum amounts by setting aside the inflation adjustments that
agencies made in prior years and instead calculated inflation with
reference to the year when each CMP was enacted or last modified by
Congress. Agencies were required to publish their catch-up adjustments
in an interim final rule by July 1, 2016, and make them effective by
August 1, 2016.\5\ The NCUA complied with these requirements in a June
2016 interim final rule, followed by a November 2016 final rule to
confirm the adjustments as final.\6\
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\3\ Public Law 114-74, 129 Stat. 584 (Nov. 2, 2015).
\4\ 129 Stat. 599.
\5\ Public Law 114-74, Sec. 701(b)(1), 129 Stat. 584, 599 (Nov.
2, 2015).
\6\ 81 FR 40152 (June 21, 2016); 81 FR 78028 (Nov. 7, 2016).
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The 2015 amendments also specified how agencies must conduct annual
inflation adjustments after the 2016 catch-up adjustment. Following the
catch-up adjustment, agencies must make the required adjustments and
publish them in the Federal Register by January 15 each year.\7\ For
2017, the NCUA issued an interim final rule on January 6, 2017,\8\
followed by a final rule issued on June 23, 2017.\9\ For each of the
years 2018 through 2024, the NCUA issued a final rule to satisfy the
agency's annual requirements.\10\ This final rule satisfies the
agency's requirement for the 2025 annual adjustment.
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\7\ Public Law 114-74, Sec. 701(b)(1), 129 Stat. 584, 599 (Nov.
2, 2015).
\8\ 82 FR 7640 (Jan. 23, 2017).
\9\ 82 FR 29710 (June 30, 2017).
\10\ 83 FR 2029 (Jan. 16, 2018); 84 FR 2052 (Feb. 6, 2019); 85
FR 2009 (Jan. 14, 2020); 86 FR 933 (Jan. 7, 2021); 87 FR 377 (Jan.
5, 2022); 88 FR 1323 (Jan. 10, 2023); 89 FR 1441 (Jan. 10, 2024).
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The law provides that the adjustments shall be made notwithstanding
the section of the Administrative Procedure Act (APA) that requires
prior notice and public comment for agency rulemaking.\11\ The 2015
amendments also specify that each CMP maximum must be increased by the
percentage by which the consumer price index for urban consumers (CPI-
U) \12\ for October of the year immediately preceding the year the
adjustment is made exceeds the CPI-U for October of the prior year.\13\
Thus, for the adjustment to be made in 2025, an agency must compare the
October 2023 and October 2024 CPI-U figures.
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\11\ Public Law 114-74, Sec. 701(b)(1), 129 Stat. 584, 599 (Nov.
2, 2015).
\12\ This index is published by the Department of Labor, Bureau
of Labor Statistics, and is available at its website: <a href="https://www.bls.gov/cpi/">https://www.bls.gov/cpi/</a>.
\13\ Public Law 114-74, Sec. 701(b)(2)(B), 129 Stat. 584, 600
(Nov. 2, 2015).
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An annual adjustment under the 2015 amendments is not required if a
CMP has been amended in the preceding 12 months pursuant to other
authority. Specifically, the statute provides that an agency is not
required to make an annual adjustment to a CMP if in the preceding 12
months it has been increased by an amount greater than the annual
adjustment required by the 2015 amendments.\14\ The NCUA did not make
any adjustments in the preceding 12 months pursuant to other authority.
Therefore, this rulemaking adjusts all of the NCUA's CMPs pursuant to
the 2015 amendments.
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\14\ Public Law 114-74, Sec. 701(b)(1), 129 Stat. 584, 600 (Nov.
2, 2015).
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B. Application to the 2025 Adjustments and Office of Management and
Budget Guidance
This section applies the statutory requirements and the Office of
Management and Budget's (OMB) guidance to the NCUA's CMPs and sets
forth the Board's calculation of the 2025 adjustments.
The 2015 amendments directed OMB to issue guidance to agencies on
implementing the inflation adjustments.\15\ OMB is required to issue
its guidance each December and, with respect to the 2025 annual
adjustment, did so on December 17, 2024.\16\ For 2025, Federal agencies
must adjust the maximum amounts of their CMPs by the percentage by
which the October 2024 CPI-U (315.664) exceeds the October 2023 CPI-U
(307.671). The resulting increase can be expressed as an inflation
multiplier (1.02598) to apply to each current CMP maximum amount to
determine the adjusted maximum. The OMB guidance also addresses
rulemaking procedures and agency reporting and oversight requirements
for CMPs.\17\
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\15\ Public Law 114-74, Sec. 701(b)(4), 129 Stat. 584, 601 (Nov.
2, 2015).
\16\ See OMB Memorandum M-25-02, Implementation of Penalty
Inflation Adjustments for 2025, Pursuant to the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015 (Dec.
17, 2024).
\17\ Id.
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The following table presents the adjustment calculations. The
current maximums are found at 12 CFR 747.1001, as adjusted by the final
rule that the Board approved in January 2024. This amount is multiplied
by the inflation multiplier to calculate the new maximum in the far-
right column. Only these adjusted maximum amounts, and not the
calculations, will be codified at 12 CFR 747.1001 under this final
rule. The adjusted amounts will be effective upon publication in the
Federal Register and can be applied to violations that occurred on or
after November 2, 2015, the date the 2015 amendments were enacted.\18\
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\18\ Public Law 114-74, 129 Stat. 600 (Nov. 2, 2015).
[[Page 3620]]
Table--Calculation of Maximum CMP Adjustments
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Adjusted maximum
($) (current
Citation Description and Current maximum ($) Multiplier maximum X
tier \19\ multiplier, rounded
to nearest dollar)
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12 U.S.C. 1782(a)(3)............. Inadvertent failure 4,899.............. 1.02598 5,026.
to submit a report
or the inadvertent
submission of a
false or
misleading report.
12 U.S.C. 1782(a)(3)............. Non-inadvertent 48,992............. 1.02598 50,265.
failure to submit
a report or the
non-inadvertent
submission of a
false or
misleading report.
12 U.S.C. 1782(a)(3)............. Failure to submit a Lesser of 2,449,575 1.02598 Lesser of 2,513,215
report or the or 1% of total or 1% of total CU
submission of a credit union (CU) assets.
false or assets.
misleading report
done knowingly or
with reckless
disregard.
12 U.S.C. 1782(d)(2)(A).......... Tier 1 CMP for 4,480.............. 1.02598 4,596.
inadvertent
failure to submit
certified
statement of
insured shares and
charges due to the
National Credit
Union Share
Insurance Fund
(NCUSIF), or
inadvertent
submission of
false or
misleading
statement.
12 U.S.C. 1782(d)(2)(B).......... Tier 2 CMP for non- 44,783............. 1.02598 45,946.
inadvertent
failure to submit
certified
statement or
submission of
false or
misleading
statement.
12 U.S.C. 1782(d)(2)(C).......... Tier 3 CMP for Lesser of 2,239,210 1.02598 Lesser of 2,297,385
failure to submit or 1% of total CU or 1% of total CU
a certified assets. assets.
statement or the
submission of a
false or
misleading
statement done
knowingly or with
reckless disregard.
12 U.S.C. 1785(a)(3)............. Non-compliance with 153................ 1.02598 157.
insurance logo
requirements.
12 U.S.C. 1785(e)(3)............. Non-compliance with 356................ 1.02598 365.
NCUA security
requirements.
12 U.S.C. 1786(k)(2)(A).......... Tier 1 CMP for 12,249............. 1.02598 12,567.
violations of law,
regulation, and
other orders or
agreements.
12 U.S.C. 1786(k)(2)(B).......... Tier 2 CMP for 61,238............. 1.02598 62,829.
violations of law,
regulation, and
other orders or
agreements and for
recklessly
engaging in unsafe
or unsound
practices or
breaches of
fiduciary duty.
12 U.S.C. 1786(k)(2)(C).......... Tier 3 CMP for 2,449,575.......... 1.02598 2,513,215.
knowingly
committing the
violations under
Tier 1 or 2
(natural person).
12 U.S.C. 1786(k)(2)(C).......... Tier 3 CMP for Lesser of 2,449,575 1.02598 Lesser of 2,513,215
knowingly or 1% of total CU or 1% of total CU
committing the assets. assets.
violations under
Tier 1 or 2
(insured credit
union).
12 U.S.C. 1786(w)(5)(A)(ii)...... Non-compliance with 402,920............ 1.02598 413,388.
senior examiner
post-employment
restrictions.
15 U.S.C. 1639e(k)............... Non-compliance with 14,069............. 1.02598 14,435.
appraisal
independence
standards (first
violation).
15 U.S.C. 1639e(k)............... Subsequent 28,135............. 1.02598 28,866.
violations of the
same.
42 U.S.C. 4012a(f)(5)............ Non-compliance with 2,661.............. 1.02598 2,730.
flood insurance
requirements.
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II. Regulatory Procedures
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\19\ The table uses condensed descriptions of CMP tiers. Refer
to the U.S. Code citations for complete descriptions.
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A. Final Rule Under the APA
In the 2015 amendments, Congress provided that agencies shall make
the required inflation adjustments in 2017 and subsequent years
notwithstanding 5 U.S.C. 553, which generally requires agencies to
follow notice-and-comment procedures in rulemaking and to make rules
effective no sooner than 30 days after publication in the Federal
Register.\20\ The 2015 amendments provide a clear exception to these
requirements.\21\ In addition, the Board finds that notice-and-comment
procedures would be impracticable and unnecessary under the APA because
of the largely ministerial and technical nature of the final rule,
which affords agencies limited discretion in promulgating the rule, and
the statutory deadline for making the adjustments.\22\ In these
circumstances, the Board finds good cause to issue a final rule without
issuing a notice of proposed rulemaking or soliciting public comments.
The Board also finds good cause to make the final rule effective upon
publication because of the statutory deadline. Accordingly, this final
rule is issued without prior notice and comment and will become
effective immediately upon publication.
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\20\ Public Law 114-74, Sec. 701(b)(1), 129 Stat. 584, 599 (Nov.
2, 2015).
\21\ See 5 U.S.C. 559; Asiana Airlines v. Fed. Aviation Admin.,
134 F.3d 393, 396-99 (D.C. Cir. 1998).
\22\ 5 U.S.C. 553(b)(3)(B); see Mid-Tex. Elec. Co-op., Inc. v.
Fed. Energy Regulatory Comm'n, 822 F.2d 1123 (D.C. Cir. 1987). For
the same reasons, this final rule does not include the usual 60-day
comment period under NCUA Interpretive Ruling and Policy Statement
(IRPS) 87-2, as amended by IRPS 03-2 and 15-1 (Sept. 24, 2015).
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B. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires that when
an agency issues a proposed rule or a final rule pursuant to the APA
\23\ or another law, the agency must prepare a regulatory flexibility
analysis that meets the requirements of the RFA and publish such
analysis in the Federal Register.\24\ Specifically, the RFA normally
requires agencies to describe the impact of a rulemaking on small
entities by providing a regulatory impact analysis. For purposes of the
RFA, the Board considers federally insured credit unions with assets
less than $100 million to be small entities.\25\
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\23\ 5 U.S.C. 553(b).
\24\ 5 U.S.C. 603, 604.
\25\ NCUA IRPS 15-1.
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As discussed previously, consistent with the APA, the Board has
determined for good cause that general notice and opportunity for
public comment is unnecessary, and therefore the Board is not issuing a
notice of proposed rulemaking.\26\ Rules that are exempt from notice
and comment procedures are also exempt from the RFA requirements,
including conducting a regulatory flexibility analysis, when among
other things the agency for good cause finds that notice and public
procedure are impracticable, unnecessary, or contrary to the public
interest.
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\26\ 5 U.S.C. 553(b)(3)(B).
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Accordingly, the Board has concluded that the RFA's requirements
relating to
[[Page 3621]]
initial and final regulatory flexibility analysis do not apply.
Nevertheless, the Board notes that this final rule will not have a
significant economic impact on a substantial number of small credit
unions because it affects only the maximum amounts of CMPs that may be
assessed in individual cases, which are not numerous and generally do
not involve assessments at the maximum level. In addition, several of
the CMPs are limited to a percentage of a credit union's assets.
Finally, in assessing CMPs, the Board generally must consider a party's
financial resources.\27\ Because this final rule will affect few, if
any, small credit unions, the Board certifies that the final rule will
not have a significant economic impact on a substantial number of small
entities.
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\27\ 12 U.S.C. 1786(k)(2)(G)(i).
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C. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (PRA) applies to rulemakings in
which an agency creates a new paperwork burden on regulated entities or
modifies an existing burden.\28\ For purposes of the PRA, a paperwork
burden may take the form of either a reporting or a recordkeeping
requirement, both referred to as information collections. This final
rule adjusts the maximum amounts of certain CMPs that the Board may
assess against individuals, entities, or credit unions but does not
require any reporting or recordkeeping. Therefore, this final rule will
not create new paperwork burdens or modify any existing paperwork
burdens.
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\28\ 44 U.S.C. 3507(d); 5 CFR part 1320.
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D. Executive Order 13132
Executive Order 13132 encourages independent regulatory agencies to
consider the impact of their actions on state and local interests. In
adherence to fundamental federalism principles, the NCUA, an
independent regulatory agency as defined in 44 U.S.C. 3502(5),
voluntarily complies with the executive order. This final rule adjusts
the maximum amounts of certain CMPs that the Board may assess against
individuals, entities, and federally insured credit unions, including
state-chartered credit unions. However, the final rule does not create
any new authority or alter the underlying statutory authorities that
enable the Board to assess CMPs. Accordingly, this final rule will not
have a substantial direct effect on the states, on the connection
between the national government and the states, or on the distribution
of power and responsibilities among the various levels of government.
The Board has determined that this final rule does not constitute a
policy that has federalism implications for purposes of the executive
order.
E. Assessment of Federal Regulations and Policies on Families
The Board has determined that this final rule will not affect
family well-being within the meaning of Section 654 of the Treasury and
General Government Appropriations Act, 1999.\29\
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\29\ Public Law 105-277, 112 Stat. 2681 (Oct. 21, 1998).
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F. Congressional Review Act
For purposes of the Congressional Review Act,\30\ the OMB
determines whether a final rule constitutes a ``major rule.'' If the
OMB deems a rule to be a ``major rule,'' the Congressional Review Act
generally provides that the rule may not take effect until at least 60
days following its publication. As required by the Congressional Review
Act, the Board submitted the final rule and other appropriate reports
to the OMB which determined that this rule is not a ``major rule.'' The
Board will also be submitting this rule to Congress and the Government
Accountability Office for review.
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\30\ 5 U.S.C. 801-808.
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The Congressional Review Act defines a ``major rule'' as any rule
that the Administrator of the Office of Information and Regulatory
Affairs of the OMB finds has resulted in or is likely to result in (A)
an annual effect on the economy of $100,000,000 or more; (B) a major
increase in costs or prices for consumers, individual industries,
Federal, State, or local government agencies or geographic regions; or
(C) significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
enterprises to compete with foreign-based enterprises in domestic and
export markets.\31\
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\31\ 5 U.S.C. 804(2).
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For the reasons previously stated, the Board is adopting the final
rule without the delayed effective date generally prescribed under the
Congressional Review Act. The delayed effective date required by the
Congressional Review Act does not apply to any rule for which an agency
for good cause finds (and incorporates the finding and a brief
statement of reasons therefor in the rule issued) that notice and
public procedures thereon are impracticable, unnecessary, or contrary
to the public interest.\32\
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\32\ 5 U.S.C. 808.
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List of Subjects in 12 CFR Part 747
Civil monetary penalties, Credit unions.
By the National Credit Union Administration Board on January 10,
2025.
Ji Kwon,
Acting Secretary of the Board.
For the reasons stated in the preamble, the Board amends 12 CFR
part 747 as follows:
PART 747--ADMINISTRATIVE ACTIONS, ADJUDICATIVE HEARINGS, RULES OF
PRACTICE AND PROCEDURE, AND INVESTIGATIONS
0
1. The authority for part 747 continues to read as follows:
Authority: 12 U.S.C. 1766, 1782, 1784, 1785, 1786, 1787, 1790a,
1790d; 15 U.S.C. 1639e; 42 U.S.C. 4012a; Public Law 101-410; Public
Law 104-134; Public Law 109-351; Public Law 114-74.
0
2. Revise Sec. 747.1001 to read as follows:
Sec. 747.1001 Adjustment of civil monetary penalties by the rate of
inflation.
(a) The NCUA is required by the Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 101-410, 104 Stat. 890, as amended (28
U.S.C. 2461 note)), to adjust the maximum amount of each civil monetary
penalty (CMP) within its jurisdiction by the rate of inflation. The
following chart displays those adjusted amounts, as calculated pursuant
to the statute:
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U.S. Code citation CMP description New maximum amount
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(1) 12 U.S.C. 1782(a)(3)........ Inadvertent $5,026.
failure to submit
a report or the
inadvertent
submission of a
false or
misleading report.
(2) 12 U.S.C. 1782(a)(3)........ Non-inadvertent $50,265.
failure to submit
a report or the
non-inadvertent
submission of a
false or
misleading report.
(3) 12 U.S.C. 1782(a)(3)........ Failure to submit $2,513,215 or 1%
a report or the of the total
submission of a assets of the
false or credit union,
misleading report whichever is
done knowingly or less.
with reckless
disregard.
[[Page 3622]]
(4) 12 U.S.C. 1782(d)(2)(A)..... Tier 1 CMP for $4,596.
inadvertent
failure to submit
certified
statement of
insured shares
and charges due
to the National
Credit Union
Share Insurance
Fund (NCUSIF), or
inadvertent
submission of
false or
misleading
statement.
(5) 12 U.S.C. 1782(d)(2)(B)..... Tier 2 CMP for non- $45,946.
inadvertent
failure to submit
certified
statement or
submission of
false or
misleading
statement.
(6) 12 U.S.C. 1782(d)(2)(C)..... Tier 3 CMP for $2,297,385 or 1%
failure to submit of the total
a certified assets of the
statement or the credit union,
submission of a whichever is
false or less.
misleading
statement done
knowingly or with
reckless
disregard.
(7) 12 U.S.C. 1785(a)(3)........ Non-compliance $157.
with insurance
logo requirements.
(8) 12 U.S.C. 1785(e)(3)........ Non-compliance $365.
with NCUA
security
requirements.
(9) 12 U.S.C. 1786(k)(2)(A)..... Tier 1 CMP for $12,567.
violations of
law, regulation,
and other orders
or agreements.
(10) 12 U.S.C. 1786(k)(2)(B).... Tier 2 CMP for $62,829.
violations of
law, regulation,
and other orders
or agreements and
for recklessly
engaging in
unsafe or unsound
practices or
breaches of
fiduciary duty.
(11) 12 U.S.C. 1786(k)(2)(C).... Tier 3 CMP for $2,513,215.
knowingly
committing the
violations under
Tier 1 or 2
(natural person).
(12) 12 U.S.C. 1786(k)(2)(C).... Tier 3 CMP for $2,513,215 or 1%
knowingly of the total
committing the assets of the
violations under credit union,
Tier 1 or 2 whichever is
(insured credit less.
union).
(13) 12 U.S.C. 1786(w)(5)(A)(ii) Non-compliance $413,388.
with senior
examiner post-
employment
restrictions.
(14) 15 U.S.C. 1639e(k)......... Non-compliance First violation:
with appraisal $14,435
independence Subsequent
requirements. violations:
$28,866.
(15) 42 U.S.C. 4012a(f)(5)...... Non-compliance $2,730.
with flood
insurance
requirements.
------------------------------------------------------------------------
(b) The adjusted amounts displayed in paragraph (a) of this section
apply to civil monetary penalties that are assessed after the date the
increase takes effect, including those whose associated violation or
violations pre-dated the increase and occurred on or after November 2,
2015.
[FR Doc. 2025-00737 Filed 1-14-25; 8:45 am]
BILLING CODE 7535-01-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.