32 CFR 269.4 - Cost of living adjustments of civil monetary penalties.

§ 269.4 Cost of living adjustments of civil monetary penalties.

(a) The inflation adjustment under § 269.3 must be determined by increasing the maximum civil monetary penalty or the range of minimum and maximum civil monetary penalties, as applicable, for each civil monetary penalty by the cost-of-living adjustment. Any increase determined under this subsection shall be rounded to the nearest multiple of $1.

(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 October preceding the date of the adjustment (January 15), exceeds the Consumer Price Index for the month of October in the previous calendar year. For example, if the Consumer Price Index for October 2016 is 1.0 and the Consumer Price Index for October 2015 was 0.75, then all applicable penalties will need to be positively adjusted by 0.25 by January 15, 2017.

(c)Limitation on initial adjustment. The initial adjustment of civil monetary penalty pursuant to § 269.3 may not exceed 150 percent of such penalty.

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

United States Code Civil Monetary Penalty
Maximum Penalty Amount as of 05/26/16 New Adjusted Maximum Penalty Amount
National Defense Authorization Act for FY 2005, 10 U.S.C 113 , note Unauthorized Activities Directed at or Possession of Sunken Military Craft $124,588 126,626
10 U.S.C. 1094(c)(1) Unlawful Provision of Health Care 10,940 11,119
10 U.S.C. 1102(k) Wrongful Disclosure - Medical Records
First Offense 6,469 6,575
Subsequent Offense 43,126 43,832
10 U.S.C. 2674(c)(2) Violation of the Pentagon Reservation Operation and Parking of Motor Vehicles Rules and Regulations 1,782 1,811
31 U.S.C. 3802(a)(1) Violation Involving False Claim 10,781 10,957
31 U.S.C. 3802(a)(2) Violation Involving False Statement 10,781 10,957
[ 81 FR 33391, May 26, 2016, as amended at 82 FR 6249, Jan. 19, 2017]

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United States Code

Title 32 published on 2015-08-22

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 32 CFR Part 269 after this date.

  • 2017-01-19; vol. 82 # 12 - Thursday, January 19, 2017
    1. 82 FR 6248 - Civil Monetary Penalty Inflation Adjustment
      GPO FDSys XML | Text
      DEPARTMENT OF DEFENSE, Office of the Secretary
      Final rule.
      This rule is effective January 19, 2017 and is applicable beginning on January 13, 2017.
      32 CFR Part 269
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