The CAFE penalty had increased only 10% since 1983, the year it was first implemented, while cumulative inflation has exceeded 150%. Thus, the CAFE penalty in 2019 is actually less than 40% of what it was in 1983. NHTSA officials stated that in addition to the authority the Federal Civil Penalties Inflation Adjustment Act of 1990 under the EPCA, the NHTSA has the authority to raise CAFE penalties to $100 per mpg shortfall. However, the NHTSA currently does not exercise this authority. In fact, in 2015 Congress required federal agencies to adjust civil penalties for inflation (Public Law 114-74) and NHTSA under Heidi King unlawfully delayed its implementation.