CAPITULO IV EXPEDIENTE TÉCNICO
QUE PASA OUEPASA 9_5 mm (3/8" ) 100
MENTS. 12
(a) SHORT TITLE.—This section may be cited as the
13
‘‘Federal Civil Penalties Inflation Adjustment Act Im-
14
provements Act of 2015’’.
15
(b) AMENDMENTS.—The Federal Civil Penalties In-
16
flation Adjustment Act of 1990 (28 U.S.C. 2461 note) is
17
amended—
18
(1) in section 4—
19
(A) by striking the matter preceding para-
20
graph (1) and inserting the following:
21
‘‘(a) IN GENERAL.—Not later than July 1, 2016, and
22
not later than January 15 of every year thereafter, and
23
subject to subsections (c) and (d), the head of each agency
24
shall—’’;
(B) in paragraph (1)—
1
(i) by striking ‘‘by regulation adjust’’
2
and inserting ‘‘in accordance with sub-
3
section (b), adjust’’; and
4
(ii) by striking ‘‘, the Tariff Act of
5
1930, the Occupational Safety and Health
6
Act of 1970, or the Social Security Act’’
7
and inserting ‘‘ or the Tariff Act of 1930’’;
8
(C) in paragraph (2), by striking ‘‘such
9
regulation’’ and inserting ‘‘such adjustment’’;
10
and
11
(D) by adding at the end the following:
12
‘‘(b) PROCEDURES FORADJUSTMENTS.—
13
‘‘(1) CATCH UP ADJUSTMENT.—For the first
14
adjustment made under subsection (a) after the date
15
of enactment of the Federal Civil Penalties Inflation
16
Adjustment Act Improvements Act of 2015—
17
‘‘(A) the head of an agency shall adjust
18
civil monetary penalties through an interim
19
final rulemaking; and
20
‘‘(B) the adjustment shall take effect not
21
later than August 1, 2016.
22
‘‘(2) SUBSEQUENT ADJUSTMENTS.—For the
23
second adjustment made under subsection (a) after
24
the date of enactment of the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of
1
2015, and each adjustment thereafter, the head of
2
an agency shall adjust civil monetary penalties and
3
shall make the adjustment notwithstanding section
4
553 of title 5, United States Code.
5
‘‘(c) EXCEPTION.—For the first adjustment made
6
under subsection (a) after the date of enactment of the
7
Federal Civil Penalties Inflation Adjustment Act Improve-
8
ments Act of 2015, the head of an agency may adjust the
9
amount of a civil monetary penalty by less than the other-
10
wise required amount if—
11
‘‘(1) the head of the agency, after publishing a
12
notice of proposed rulemaking and providing an op-
13
portunity for comment, determines in a final rule
14
that—
15
‘‘(A) increasing the civil monetary penalty
16
by the otherwise required amount will have a
17
negative economic impact; or
18
‘‘(B) the social costs of increasing the civil
19
monetary penalty by the otherwise required
20
amount outweigh the benefits; and
21
‘‘(2) the Director of the Office of Management
22
and Budget concurs with the determination of the
23
head of the agency under paragraph (1).
‘‘(d) OTHER ADJUSTMENTS MADE.—If a civil mone-
1
tary penalty subject to a cost-of-living adjustment under
2
this Act is, during the 12 months preceding a required
3
cost-of-living adjustment, increased by an amount greater
4
than the amount of the adjustment required under sub-
5
section (a), the head of the agency is not required to make
6
the cost-of-living adjustment for that civil monetary pen-
7
alty in that year.’’;
8
(2) in section 5—
9
(A) in subsection (a), by striking ‘‘to the
10
nearest—’’ and all that follows through the end
11
of subsection (a) and inserting ‘‘to the nearest
12
multiple of $1.’’; and
13
(B) by amending subsection (b) to read as
14
follows:
15
‘‘(b) DEFINITION.—
16
‘‘(1) IN GENERAL.—Except as provided in para-
17
graph (2), for purposes of subsection (a), the term
18
‘cost-of-living adjustment’ means the percentage (if
19
any) for each civil monetary penalty by which—
20
‘‘(A) the Consumer Price Index for the
21
month of October preceding the date of the ad-
22
justment, exceeds
‘‘(B) the Consumer Price Index for the
1
month of October 1 year before the month of
2
October referred to in subparagraph (A).
3
‘‘(2) INITIAL ADJUSTMENT.—
4
‘‘(A) IN GENERAL.—Subject to subpara-
5
graph (C), for the first inflation adjustment
6
under section 4 made by an agency after the
7
date of enactment of the Federal Civil Penalties
8
Inflation Adjustment Act Improvements Act of
9
2015, the term ‘cost-of-living adjustment’
10
means the percentage (if any) for each civil
11
monetary penalty by which the Consumer Price
12
Index for the month of October, 2015 exceeds
13
the Consumer Price Index for the month of Oc-
14
tober of the calendar year during which the
15
amount of such civil monetary penalty was es-
16
tablished or adjusted under a provision of law
17
other than this Act.
18
‘‘(B) APPLICATION OF ADJUSTMENT.—The
19
cost-of-living adjustment described in subpara-
20
graph (A) shall be applied to the amount of the
21
civil monetary penalty as it was most recently
22
established or adjusted under a provision of law
23
other than this Act.
‘‘(C) MAXIMUM ADJUSTMENT.—The
1
amount of the increase in a civil monetary pen-
2
alty under subparagraph (A) shall not exceed
3
150 percent of the amount of that civil mone-
4
tary penalty on the date of enactment of the
5
Federal Civil Penalties Inflation Adjustment
6
Act Improvements Act of 2015.’’;
7
(3) in section 6, by striking ‘‘violations which
8
occur’’ and inserting ‘‘civil monetary penalties, in-
9
cluding those whose associated violation predated
10
such increase, which are assessed’’; and
11
(4) by adding at the end the following:
12
‘‘SEC. 7. IMPLEMENTATION AND OVERSIGHT ENHANCE- 13
MENTS. 14
‘‘(a) OMB GUIDANCE.—Not later than February 29,
15
2016, not later than December 15, 2016, and December
16
15 of every year thereafter, the Director of the Office of
17
Management and Budget shall issue guidance to agencies
18
on implementing the inflation adjustments required under
19
this Act.
20
‘‘(b) AGENCY FINANCIAL REPORTS.—The head of
21
each agency shall include in the Agency Financial Report
22
submitted under OMB Circular A–136, or any successor
23
thereto, information about the civil monetary penalties
24
within the jurisdiction of the agency, including the adjust-
ment of the civil monetary penalties by the head of the
1
agency under this Act.
2
‘‘(c) GAO REVIEW.—The Comptroller General of the
3
United States shall annually submit to Congress a report
4
assessing the compliance of agencies with the inflation ad-
5
justments required under this Act, which may be included
6
as part of another report submitted to Congress.’’.
7
(c) REPEAL.—Section 31001(s) of the Debt Collec-
8
tion Improvement Act of 1996 (28 U.S.C. 2461 note) is
9
amended by striking paragraph (2).
10
SEC. 702. CRIME VICTIMS FUND.