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Electronic Code of Federal Regulations

e-CFR Data is current as of September 29, 2014

Title 32Subtitle AChapter ISubchapter M → Part 269


Title 32: National Defense


PART 269—CIVIL MONETARY PENALTY INFLATION ADJUSTMENT


Contents
§269.1   Scope and purpose.
§269.2   Definitions.
§269.3   Civil monetary penalty inflation adjustment.
§269.4   Cost of living adjustments of civil monetary penalties.
§269.5   Application of increase to violations.

Authority: 28 U.S.C. 2461.

Source: 61 FR 67945, Dec. 26, 1996, unless otherwise noted.

§269.1   Scope and purpose.

The purpose of this part is to establish a mechanism for the regular adjustment for inflation of civil monetary penalties and to adjust such penalties in conformity with the Federal Civil Penalties Inflation Adjustment Act of 1990, 46 U.S.C. 2461, as amended by the Debt Collection Improvement Act of 1996, Public Law 104-134, April 26, 1996, in order to maintain the deterrent effect of civil monetary penalties and to promote compliance with the law.

§269.2   Definitions.

(a) Department. The Department of Defense.

(b) Civil monetary penalty. Any penalty, fine, or other sanction that:

(1)(i) Is for a specific monetary amount as provided by Federal law; or

(ii) Has a maximum amount provided by Federal law;

(2) Is assessed or enforced by the Department pursuant to Federal law; and

(3) Is assessed or enforced pursuant to an administrative proceeding or a civil action in the Federal Courts.

(c) Consumer Price Index. The index for all urban consumers published by the Department of Labor.

§269.3   Civil monetary penalty inflation adjustment.

The Department shall, not later than 180 days after the enactment of the Debt Collection Improvement Act on April 23, 1996, and at least once every 4 years thereafter—

(a) By regulation adjustment each civil monetary penalty provided by law within the jurisdiction of the Department of Defense by the inflation adjustment described in §269.4; and

(b) Publish each such update in the Federal Register.

§269.4   Cost of living adjustments of civil monetary penalties.

(a) The inflation adjustment under §269.3 shall be determined by increasing the maximum civil monetary penalty for each civil monetary penalty by the cost-of-living adjustment. Any increase determined under this paragraph shall be rounded to the nearest:

(1) Multiple of $10 in the case of penalties less than or equal to $100;

(2) Multiple of $100 in the case of penalties greater than $100 but less than or equal to $1,000;

(3) Multiple of $1,000 in the case of penalties greater than $1,000 but less than or equal to $10,000;

(4) Multiple of $5,000 in the case of penalties greater than $10,000 but less than or equal to $100,000;

(5) Multiple of $10,000 in the case of penalties greater than $100,000 but less than or equal to $200,000; and

(6) Multiple of $25,000 in the case of penalties greater than $200,000.

(b) For purposes of paragraph (a) of this section, the term “cost-of-living adjustment” means the percentage (if any) for each civil monetary penalty by which the Consumer Price Index for the month of June of the calendar year preceding the adjustment, exceeds the Consumer Price Index for the month of June of the calendar year in which the amount of such civil monetary penalty was last set or adjusted pursuant to law.

(c) Limitation on initial adjustment. The first adjustment of civil monetary penalty pursuant to §269.3 may not exceed 10 percent of such penalty.

(d) Inflation adjustment. Maximum civil monetary penalties within the jurisdiction of the Department of Defense are adjusted for inflation as follows:

United States Code
citation
Civil monetary penalty descriptionMaximum penalty amount as of 10/23/96New adjusted maximum penalty amount
10 U.S.C. 1094(c)(1)Unlawful Provision of Health Care$5,000$5,500
10 U.S.C. 1102(k)Wrongful Disclosure—Medical Records:
   First Offense3,0003,300
   Subsequent Offense20,00022,000
31 U.S.C. 1352Use of Appropriated Funds to Influence Contract:
   Minimum10,00011,000
   Maximum100,000110,000
31 U.S.C. 3721(i)Personal Property Loss Claims from Government Personnel1,0001,100
31 U.S.C. 3802(a)(1)Program Fraud Civil Remedies Act/Violation Involving False Claim5,0005,500
31 U.S.C. 3802(a)(2)Program Fraud Civil Remedies Act/Violation Involving False Statement5,0005,500
33 U.S.C. 1319(g)(2)(A)§404   Permit Condition Violation, Class I (per violation amount)10,00011,000
33 U.S.C. 1319(g)(2)(A)§404   Permit Condition Violation, Class I (maximum amount)25,00027,500
33 U.S.C. 1319(g)(2)(B)§404   Permit Condition Violation, Class II (per day amount)10,00011,000
33 U.S.C. 1319(g)(2)(B)§404   Permit Condition Violation, Class II (maximum amount)125,000137,500

§269.5   Application of increase to violations.

Any increase in a civil monetary penalty under this part shall apply only to violations which occur after the date the increase takes effect.



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