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Rule

Notification of Inflation Adjustments for Civil Money Penalties

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AGENCY:

Office of the Comptroller of the Currency, Treasury.

ACTION:

Notification of monetary penalties 2021.

SUMMARY:

The Office of the Comptroller of the Currency (OCC) is providing notice of its maximum civil money penalties as adjusted for inflation. The inflation adjustments are required to implement the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.

DATES:

The adjusted maximum amount of civil money penalties in this document are applicable to penalties assessed on or after January 1, 2021, for conduct occurring on or after November 2, 2015.

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FOR FURTHER INFORMATION CONTACT:

Lee Walzer, Counsel, Chief Counsel's Office, (202) 649-5490, Office of the Comptroller of the Currency.

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SUPPLEMENTARY INFORMATION:

This document announces changes to the maximum amount of each civil money penalty (CMP) within the OCC's jurisdiction to administer to account for inflation pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 (the 1990 Adjustment Act),[1] as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Adjustment Act).[2] Under the 1990 Adjustment Act, as amended, Federal agencies must make annual adjustments to the maximum amount of each CMP they administer. The Office of Management and Budget (OMB) is required to issue guidance to Federal agencies no later than December 15 of each year providing an inflation adjustment multiplier (i.e., the inflation adjustment factor agencies must use) applicable to CMPs assessed in the following year. The agencies are required to publish their CMPs, adjusted pursuant to the multiplier provided by OMB, by January 15 of the applicable year.

To the extent an agency has codified a CMP amount in its regulations, the agency would need to update that amount by regulation. However, if an agency has codified the formula for making the CMP adjustments, then subsequent adjustments can be made solely by notice.[3] In 2018, the OCC published a final regulation to remove the CMP amounts from its regulations, while updating those amounts for inflation through the notification process.[4]

On December 23, 2020, the OMB issued guidance to affected agencies on implementing the required annual adjustment, which included the relevant inflation multiplier.[5] The OCC has Start Printed Page 86796applied that multiplier to the maximum CMPs allowable in 2020 for national banks and Federal savings associations as listed in the 2020 CMP notification [6] to calculate the maximum amount of CMPs that may be assessed by the OCC in 2021.[7] There were no new statutory CMPs administered by the OCC during 2020.

The following charts provide the inflation-adjusted CMPs for use beginning on January 1, 2021, pursuant to 12 CFR 19.240(b) and 109.103(c)(2) for conduct occurring on or after November 2, 2015:

Penalties Applicable to National Banks

U.S. Code citationDescription and tier (if applicable)Maximum penalty amount (in dollars) 1
12 U.S.C. 93(b)Violation of Various Provisions of the National Bank Act:
Tier 110,366
Tier 251,827
Tier 32 2,073,133
12 U.S.C. 164Violation of Reporting Requirements:
Tier 14,146
Tier 241,463
Tier 32 2,073,133
12 U.S.C. 481Refusal of Affiliate to Cooperate in Examination10,366
12 U.S.C. 504Violation of Various Provisions of the Federal Reserve Act:
Tier 110,366
Tier 251,827
Tier 32 2,073,133
12 U.S.C. 1817(j)(16)Violation of Change in Bank Control Act:
Tier 110,366
Tier 251,827
Tier 32 2,073,133
12 U.S.C. 1818(i)(2) 3Violation of Law, Unsafe or Unsound Practice, or Breach of Fiduciary Duty:
Tier 110,366
Tier 251,827
Tier 32 2,073,133
12 U.S.C. 1820(k)(6)(A)(ii)Violation of Post-Employment Restrictions:
Per violation341,000
12 U.S.C. 1832(c)Violation of Withdrawals by Negotiable or Transferable Instrument for Transfers to Third Parties:
Per violation3,011
12 U.S.C. 1884Violation of the Bank Protection Act301
12 U.S.C. 1972(2)(F)Violation of Anti-Tying Provisions regarding Correspondent Accounts, Unsafe or Unsound Practices, or Breach of Fiduciary Duty:
Tier 110,366
Tier 251,827
Tier 32 2,073,133
12 U.S.C. 3110(a)Violation of Various Provisions of the International Banking Act (Federal Branches and Agencies):47,378
12 U.S.C. 3110(c)Violation of Reporting Requirements of the International Banking Act (Federal Branches and Agencies):
Tier 13,791
Tier 237,901
Tier 32 1,895,095
12 U.S.C. 3909(d)(1)Violation of International Lending Supervision Act2,579
15 U.S.C. 78u-2(b)Violation of Various Provisions of the Securities Act, the Securities Exchange Act, the Investment Company Act, or the Investment Advisers Act:
Tier 1 (natural person)—Per violation9,753
Tier 1 (other person)—Per violation97,523
Tier 2 (natural person)—Per violation97,523
Tier 2 (other person)—Per violation487,616
Tier 3 (natural person)—Per violation195,047
Tier 3 (other person)—Per violation975,230
15 U.S.C. 1639e(k)Violation of Appraisal Independence Requirements:
First violation11,906
Subsequent violations23,811
42 U.S.C. 4012a(f)(5)Flood Insurance:
Per violation2,252
1 The maximum penalty amount is per day, unless otherwise indicated.
2 The maximum penalty amount for a national bank is the lesser of this amount or 1 percent of total assets.
3 These amounts also apply to CMPs in statutes that cross-reference 12 U.S.C. 1818, such as 12 U.S.C. 2804, 3108, 3349, 4309, and 4717 and 15 U.S.C. 1607, 1693o, 1681s, 1691c, and 1692 l.

Penalties Applicable to Federal Savings Associations

U.S. Code citationCMP descriptionMaximum penalty amount (in dollars) 1
12 U.S.C. 1464(v)Reports of Condition:
Start Printed Page 86797
1st Tier4,146
2nd Tier41,463
3rd Tier2 2,073,133
12 U.S.C. 1467(d)Refusal of Affiliate to Cooperate in Examination10,366
12 U.S.C. 1467a(r)Late/Inaccurate Reports:
1st Tier4,146
2nd Tier41,463
3rd Tier2 2,073,133
12 U.S.C. 1817(j)(16)Violation of Change in Bank Control Act:
Tier 110,366
Tier 251,827
Tier 32 2,073,133
12 U.S.C. 1818(i)(2) 3Violation of Law, Unsafe or Unsound Practice, or Breach of Fiduciary Duty:
Tier 110,366
Tier 251,827
Tier 32 2,073,133
12 U.S.C. 1820(k)(6)(A)(ii)Violation of Post-Employment Restrictions:
Per violation341,000
12 U.S.C. 1832(c)Violation of Withdrawals by Negotiable or Transferable Instruments for Transfers to Third Parties:
Per violation2,737
12 U.S.C. 1884Violation of the Bank Protection Act301
12 U.S.C. 1972(2)(F)Violation of Provisions regarding Correspondent Accounts, Unsafe or Unsound Practices, or Breach of Fiduciary Duty:
Tier 110,366
Tier 251,827
Tier 32 2,073,133
15 U.S.C. 78u-2(b)Violations of Various Provisions of the Securities Act, the Securities Exchange Act, the Investment Company Act, or the Investment Advisers Act:
Tier 1 (natural person)—Per violation9,753
Tier 1 (other person)—Per violation97,523
Tier 2 (natural person)—Per violation97,523
Tier 2 (other person)—Per violation487,616
Tier 3 (natural person)—Per violation195,047
Tier 3 (other person)—Per violation975,230
15 U.S.C. 1639e(k)Violation of Appraisal Independence Requirements:
First violation11,906
Subsequent violations23,811
42 U.S.C. 4012a(f)(5)Flood Insurance:
Per violation2,252
1 The maximum penalty amount is per day, unless otherwise indicated.
2 The maximum penalty amount for a federal savings association is the lesser of this amount or 1 percent of total assets.
3 These amounts also apply to statutes that cross-reference 12 U.S.C. 1818, such as 12 U.S.C. 2804, 3108, 3349, 4309, and 4717 and 15 U.S.C. 1607, 1681s, 1691c, and 1692 l.
Start Signature

Jonathan V. Gould,

Senior Deputy Comptroller and Chief Counsel, Office of the Comptroller of the Currency.

End Signature End Supplemental Information

Footnotes

1.  Public Law 101-410, Oct. 5, 1990, 104 Stat. 890, codified at 28 U.S.C. 2461 note.

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2.  Public Law 114-74, Title VII, section 701(b), Nov. 2, 2015, 129 Stat. 599, codified at 28 U.S.C. 2461 note.

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3.  See OMB Memorandum M-18-03, “Implementation of the 2018 Annual Adjustment Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015,” at 4, which permits agencies that have codified the formula to adjust CMPs for inflation to update the penalties through a notification rather than a regulation.

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4.  83 FR 1517 (Jan. 12, 2018) (final rule); 83 FR 1657 (Jan. 12, 2018) (2018 CMP Notice).

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5.  The inflation adjustment multiplier for 2021 is 1.01182 . See OMB Memorandum M-21-10, Implementation of Penalty Inflation Adjustments for 2021, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Dec. 23, 2020).

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6.  See 84 FR 71735 (Dec. 30, 2019).

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7.  Penalties assessed for violations occurring prior to November 2, 2015, will be subject to the maximum amounts set forth in the OCC's regulations in effect prior to the enactment of the 2015 Adjustment Act.

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[FR Doc. 2020-28942 Filed 12-30-20; 8:45 am]

BILLING CODE 4810-33-P