Page:United States Statutes at Large Volume 104 Part 1.djvu/924

 104 STAT. 890 PUBLIC LAW 101-410—OCT. 5, 1990 Public Law 101-410 101st Congress An Act Oct. 5, 1990 [S. 535] To increase civil monetary penalties based on the effect of inflation. Be it enacted by the Senate and House of Representatives of the Federal Civil United States of America in Congress assembled, Penalties Inflation atTZ-lurn mTfnT T? Adjustment Act SHORT TITLE of 1990. 28 USC 2461 SECTION 1. This Act may be cited as the "Federal Civil Penalties note. Inflation Adjustment Act of 1990". FINDINGS AND PURPOSE 28 USC 2461 SEC. 2. (a) FINDINGS.— The Congress finds that— "° (1) the power of Federal agencies to impose civil monetary penalties for violations of Federal law and regulations plays an important role in deterring violations and furthering the policy goals embodied in such laws and regulations; (2) the impact of many civil monetary penalties has been and is diminished due to the effect of inflation; (3) by reducing the impact of civil monetary penalties, inflation has weakened the deterrent effect of such penalties; and (4) the Federal Government does not maintain comprehensive, detailed accounting of the efforts of Federal agencies to assess and collect civil monetary penalties. 0?) PURPOSE.— The purpose of this Act is to establish a mechanism that shall— (1) allow for regular adjustment for inflation of civil monetary penalties; (2) maintain the deterrent effect of civil monetary penalties and promote compliance with the law; and (3) improve the collection by the Federal Government of civil monetary penalties. DEFINITIONS 28 USC 2461 SEC. 3. For purposes of this Act, the term— "°*®' (1) "agency" means an Executive agency as defined under section 105 of title 5, United States Code, and includes the United States Postal Service; (2) "civil monetary penalty" means any penalty, fine, or other sanction that— (A)(i) is for a specific monetary amount as provided by Federal law; or (ii) has a maximum amount provided for by Federal law; and (B) is assessed or enforced by an agency pursuant to Federal law; and (C) is assessed or enforced pursuant to an administrative proceeding or a civil action in the Federal courts; and

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