96-23209. Practices and Procedures

[Federal Register Volume 61, Number 182 (Wednesday, September 18, 1996)]
[Rules and Regulations]
[Page 49049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23209]



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Federal Register / Vol. 61, No. 182 / Wednesday, September 18, 1996 / 
Rules and Regulations

[[Page 49049]]



MERIT SYSTEMS PROTECTION BOARD

5 CFR Part 1201


Practices and Procedures

AGENCY: Merit Systems Protection Board.

ACTION: Final rule.

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SUMMARY: The Board is amending its rules of practice and procedure to 
make an inflation adjustment in the amount of the civil monetary 
penalty it may assess against a Federal employee in a disciplinary 
action brought by the Special Counsel. This adjustment is required by 
the ``Federal Civil Penalties Inflation Adjustment Act of 1990'' 
(Pub.L. 101-410), as amended by the ``Debt Collection Improvement Act 
of 1996'' (Pub.L. 104-134).

EFFECTIVE DATE: September 18, 1996.

FOR FURTHER INFORMATION CONTACT:
Robert E. Taylor, Clerk of the Board, 202-653-7200.

SUPPLEMENTARY INFORMATION: Section 4 of the ``Federal Civil Penalties 
Inflation Adjustment Act of 1990'' (Pub. L. 101-410), as amended by the 
``Debt Collection Improvement Act of 1996'' (Pub. L. 104-134), requires 
each Federal agency with statutory authority to assess a civil monetary 
penalty (CMP) to adjust each CMP by the inflation adjustment described 
in section 5 of the Act. Such adjustment is to be made by regulation 
published in the Federal Register. The first inflation adjustment is 
required by October 23, 1996--180 days after the enactment of the 
``Debt Collection Improvement Act of 1996.'' Thereafter, agencies are 
to make inflation adjustments by regulation at least once every four 
years. Any increase in a CMP made pursuant to the Act applies only to 
violations that occur after the date the increase takes effect.
    The Merit Systems Protection Board's only statutory authority to 
assess a CMP is found at 5 U.S.C. 1215(a)(3), which describes the 
penalties the Board may impose when it orders disciplinary action 
against a Federal employee in a complaint brought by the Special 
Counsel (other than a disciplinary action complaint for violation of 
the Hatch Act). One of the penalties authorized is assessment of a 
civil penalty not to exceed $1,000.
    Because the Act limits the initial inflation adjustment in a CMP to 
10 percent of the penalty specified by statute, the Board is amending 
its rules at 5 CFR 1201.126(c) to increase the maximum civil penalty it 
may assess in a Special Counsel disciplinary action to $1,100.
    The Board is publishing this rule as a final rule pursuant to 5 
U.S.C. 1204(h).

List of Subjects in 5 CFR Part 1201

    Administrative practice and procedure, Civil rights, Government 
employees.

    Accordingly, the Board amends 5 CFR part 1201 as follows:

PART 1201--[AMENDED]

    1. The authority citation for part 1201 continues to read as 
follows:

    Authority: 5 U.S.C. 1204, and 7701 unless otherwise noted.


Sec. 1201.126   [Amended]

    2. Section 1201.126 is amended at paragraph (c) by removing 
``$1,000'' and by adding in its place ``$1,100.''

    Dated: September 6, 1996.
Robert E. Taylor,
Clerk of the Board.
[FR Doc. 96-23209 Filed 9-17-96; 8:45 am]
BILLING CODE 7400-01-M