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      FEC Record: Regulations
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      Commission adjusts civil penalties for 2018

FEC Record: RegulationsCommission adjusts civil penalties for 2018January 3, 2018 The Commission has published its updated civil penalty amounts for 2018, pursuant to a federal law that requires federal agencies to adjust civil penalties for inflation each year. The updated amounts were published in the Federal Register on December
    27, 2017. Background As required by the Federal Civil Penalties Inflation Adjustment Act of 1990, the Commission is adjusting for annual inflation the civil monetary penalties that are set forth in Commission regulations. The federal campaign finance laws administered by the Commission include two types of civil monetary penalties to be adjusted for inflation each year: Penalties that are either negotiated by the Commission or imposed by a court for violations of the federal laws within the Commission’s jurisdiction. See 11 CFR 111.24.
        Penalties set under the Administrative Fine Program for late filing or non-filing of certain reports required by the Federal Election Campaign Act. See 11 CFR 111.43 and 111.44. 2018 adjustments To calculate the adjustments for inflation, the Commission must apply the cost-of-living adjustment ratio (COLA) as directed by the Office of Management and Budget. The COLA ratio for 2017 is 0.02041, or 2.041%; thus, to calculate the new penalties, the Commission must multiply the most recent amounts listed in its regulations by 1.02041. As adjusted, the potential civil penalty amounts listed under 11 CFR 111.24 for violations of federal campaign finance law have increased to range from $5,817 to $68,027 (from the previous range of $5,701 to $66,666). (Note that the amounts listed under this regulation are subject to negotiations and judicial discretion, and thus may not reflect the final penalty amounts that may be negotiated or imposed.) In regard to administrative fines imposed for late or non-filing of FEC reports, the table of penalty formulas listed in FEC regulations at 11 CFR 111.43 has been adjusted for the COLA, as has the base amount used in the calculation formula for late or non-filed 48-hour notices listed in 11 CFR 111.44(a)(1). The adjustments were published at 82 Fed. Reg. 61140 on December 27, 2017, and take effect immediately. The increased penalty amounts will apply to
    penalties that are assessed after this date, even if the associated violation predated the increase. Resources Federal Registernotice (December 27, 2017) [PDF]
        Administrative fine program
        Enforcement matters
 Author
          Dorothy  YeagerEnterprise Resource Analyst


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This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public. The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.


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