Inflation Adjustment for Civil Penalties

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Inflation Adjustment for Civil Penalties in stage 8. Implementation

Project Stages:

1. Gather ideas - Completed
2. Select ideas - Completed
3. Council approval - Completed
4. Picking a researcher - Completed
5. Committee consideration - Completed
6. Back to the council - Completed
7. Consideration by the full conference - Completed
8. Implementation - Current
Stage:  
8. Implementation
Status Notes:  
Recommendation adopted on Dec. 7, 2012.

Contacts

Implementation Contact
202.480.2089
statham@acus.gov
Committee Chair
Partner
Venable LLP
Staff Counsel
202.480.2086
ebremer@acus.gov
Consultant
Dean and Professor of Law
University of Louisville Louis D. Brandeis School of Law
Media
202.480.2091
mkindelan@acus.gov

Recommendation 2012-8, “Inflation Adjustment Act,” addresses agency adjustments to civil monetary penalties under the Federal Civil Penalties Inflation Adjustment Act, codified as amended at 28 U.S.C. 2461 note. The recommendation urges Congress to change the current statutory framework by which agencies periodically adjust their penalties to address three provisions that result in penalty adjustments that may not track the actual rate of inflation. It also advises agencies to adjust their penalties for inflation as required by the law.

Final Recommendation

Civil monetary penalties are used by the Congress and federal agencies to enforce and promote compliance with federal laws and regulations by deterring violations.  These laws and regulations serve vital public purposes such as ensuring workplace or transportation safety, preserving the environment, and protecting consumers from dangerous products.  As the then Deputy Director of the Office of Management and...

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