747.1001—Adjustment of civil money penalties by the rate of inflation.
(a)
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 money penalty within its jurisdiction by the rate of inflation. The following chart displays those adjustments, as calculated pursuant to the statute:
| U.S. code citation | CMP description | New maximum amount |
|---|---|---|
| (1) 12 U.S.C. 1782(a)(3) | Inadvertent failure to submit a report or the inadvertent submission of a false or misleading report | $2,200. |
| (2) 12 U.S.C. 1782(a)(3) | Non-inadvertent failure to submit a report or the non-inadvertent submission of a false or misleading report | $22,000. |
| (3) 12 U.S.C. 1782(a)(3) | Failure to submit a report or the submission of a false or misleading report done knowingly or with reckless disregard | $1,300,000 or 1 percent of the total assets of the credit union, whichever is less. |
| (4) 12 U.S.C. 1782(d)(2)(A) | First tier | $2,200. |
| (5) 12 U.S.C. 1782(d)(2)(B) | Second tier | $22,000. |
| (6) 12 U.S.C. 1782(d)(2)(C) | Third tier | $1,300,000 or 1 percent of the total assets of the credit union, whichever is less. |
| (7) 12 U.S.C. 1785(e)(3) | Non-compliance with NCUA security regulations | $110. |
| (8) 12 U.S.C. 1786(k)(2)(A) | First tier | $7,500. |
| (9) 12 U.S.C. 1786(k)(2)(B) | Second tier | $37,500. |
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| (10) 12 U.S.C. 1786(k)(2)(C) | Third tier | For a person other than an insured credit union: $1,375,000; |
| For an insured credit union: $1,375,000 or 1 percent of the total assets of the credit union, whichever is less. | ||
| (11) 42 U.S.C. 4012a(f) | Per violation | $385. |
| Per calendar year | $130,000. | |
(b)
The adjustments displayed in paragraph (a) of this section apply to acts occurring after the date of publication in the Federal Register.