32 CFR 269.4 - Cost of living adjustments of civil monetary penalties.
|United States Codecitation||Civil monetary penalty description||Maximum penalty amount as of 10/23/96||New 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:|
|31 U.S.C. 1352||Use of Appropriated Funds to Influence Contract:|
|31 U.S.C. 3721(i)||Personal Property Loss Claims from Government Personnel||1,000||1,100|
|31 U.S.C. 3802(a)(1)||Program Fraud Civil Remedies Act/Violation Involving False Claim||5,000||5,500|
|31 U.S.C. 3802(a)(2)||Program Fraud Civil Remedies Act/Violation Involving False Statement||5,000||5,500|
|33 U.S.C. 1319(g)(2)(A)||§ 404Permit Condition Violation, Class I (per violation amount)||10,000||11,000|
|33 U.S.C. 1319(g)(2)(A)||§ 404Permit Condition Violation, Class I (maximum amount)||25,000||27,500|
|33 U.S.C. 1319(g)(2)(B)||§ 404Permit Condition Violation, Class II (per day amount)||10,000||11,000|
|33 U.S.C. 1319(g)(2)(B)||§ 404Permit Condition Violation, Class II (maximum amount)||125,000||137,500|
(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 description||Maximum penalty amount as of 10/23/96||New adjusted maximum
|National Defense Authorization Act for FY 2005,
||Unauthorized Activities Directed at or Possession of Sunken Military Craft||Not Applicable 1||$124,588|
||Unlawful Provision of Health Care||$5,500||10,940|
||Wrongful Disclosure - Medical Records:|
||Violation of the Pentagon Reservation Operation and Parking of Motor Vehicles Rules and Regulations||Not Applicable 1||1,782|
||Violation Involving False Claim||5,500||10,781|
||Violation Involving False Statement||5,500||10,781|
1 Penalties were not identified in the 1996 publication of this chart and/or were not established by statute or regulation in 1996.