Page:United States Statutes at Large Volume 104 Part 1.djvu/925

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PUBLIC LAW 101-410—OCT. 5, 1990 104 STAT. 891 (3) "Consumer Price Index" means the Consumer Price Index for all-urban consumers published by the Department of Labor. CIVIL MONETARY PENALTY INFLATION ADJUSTMENT REPORTS SEC. 4. Within 6 months after the date of the enactment of this President. Act, and on January 1 of each fifth calendar year thereafter, the ^^^ President shall submit a report on civil monetary penalty inflation adjustment to the Committee on Governmental Affairs of the Senate and the Committee on Government Operations of the House of Representatives. Such report shall include— (1) each civil monetary penalty as defined under section 3(2); (2) the date each civil monetary penalty was most recently set pursuant to law; (3) the maximum amount of each civil monetary penalty or, if applicable, the range of the minimum and maximum amounts of each civil monetary penalty in effect on the date of the submission of such report; (4) the amount of each civil monetary penalty described under paragraph (3) other than any such penalty for which inflation adjustment is provided by law, if each such penalty is increased by the adjustment described under section 5; and (5) a listing of the modifications to Federal law that would be required to— (A) increase each penalty described in paragraph (1) by the adjustments described under section 5, excluding any penalty for which inflation adjustment is provided by law or that has been increased within the 5-year period immediately preceding the date of the submission of such report; and (B) provide that any increase in any civil monetary penalty shall apply only to violations which occur after the date any such increase takes effect. COST-OF-LIVING ADJUSTMENTS OF CIVIL MONETARY PENALTIES SEC. 5. (a) ADJUSTMENT.—The adjustment described under para- 28 USC 2461 graphs (4) and (5)(A) of section 4 shall be determined by increasing "°<^®- the msiximum 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— (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. Ob) DEFINITION.—For purposes of subsection (a), the term "cost-of- living adjustment" means the percentage (if any) for each civil monetary penalty by which—