32 C.F.R. PART 269—CIVIL MONETARY PENALTY INFLATION ADJUSTMENT
Title 32 - National Defense
Authority: 28 U.S.C. 2461.
Source: 61 FR 67945, Dec. 26, 1996, unless otherwise noted.
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. (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. 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 (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) Limitaiton 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: Any increase in a civil monetary penalty under this part shall apply only to violations which occur after the date the increase takes effect.
Title 32: National Defense
PART 269—CIVIL MONETARY PENALTY INFLATION ADJUSTMENT
Section 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.
§ 269.1 Scope and purpose.
top
§ 269.2 Definitions.
top
§ 269.3 Civil monetary penalty inflation adjustment.
top
§ 269.4 Cost of living adjustments of civil monetary penalties.
top
---------------------------------------------------------------------------------------------------------------- New Maximum adjusted United States Code citation Civil monetary penalty description penalty maximum amount as penalty of 10/23/96 amount----------------------------------------------------------------------------------------------------------------10 U.S.C. 1094(c)(1).......................... Unlawful Provision of Health Care..... $5,000 $5,50010 U.S.C. 1102(k)............................. Wrongful Disclosure_Medical Records: First Offense......................... 3,000 3,300 Subsequent Offense.................... 20,000 22,00031 U.S.C. 1352................................ Use of Appropriated Funds to Influence Contract: Minimum............................... 10,000 11,000 Maximum............................... 100,000 110,00031 U.S.C. 3721(i)............................. Personal Property Loss Claims from 1,000 1,100 Government Personnel.31 U.S.C. 3802(a)(1).......................... Program Fraud Civil Remedies Act/ 5,000 5,500 Violation Involving False Claim.31 U.S.C. 3802(a)(2).......................... Program Fraud Civil Remedies Act/ 5,000 5,500 Violation Involving False Statement.33 U.S.C. 1319(g)(2)(A)....................... § 404 Permit Condition Violation, 10,000 11,000 Class I (per violation amount).33 U.S.C. 1319(g)(2)(A)....................... § 404 Permit Condition Violation, 25,000 27,500 Class I (maximum amount).33 U.S.C. 1319(g)(2)(B)....................... § 404 Permit Condition Violation, 10,000 11,000 Class II (per day amount).33 U.S.C. 1319(g)(2)(B)....................... § 404 Permit Condition Violation, 125,000 137,500 Class II (maximum amount).----------------------------------------------------------------------------------------------------------------
§ 269.5 Application of increase to violations.
top
