Federal Civil Penalties Inflation Adjustment Act of 1990
PL 101-410 (S.535), enacted 10/05/1990

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 
I n f l a t i o n 
atTZ-lurn mTfnT T? 
Adjustment Act 
SHORT TITLE 
of 1990. 
28 use 2461 
SECTION 1. This Act may be cited as the "Federal Civil Penalties 
note. 
Inflation Adjustment Act of 1990". 
FINDINGS AND PURPOSE 
28 use 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, infla-
tion has weakened the deterrent effect of such penalties; and 
(4) the Federal Government does not maintain comprehen-
sive, 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 use 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 
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 imme-
diately preceding the date of the submission of such report; 
and 
(B) provide that any increase in any civil monetary pen-
alty 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— 
104 STAT. 892 
PUBLIC LAW 101-410—OCT. 5, 1990 
(1) the Consumer Price Index for the month of June of the 
calendar year preceding the adjustment, exceeds 
(2) 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. 
ANNUAL REPORT 
President. 
SEC. 6. No later than January 1 of each year, the President shall 
note^^ ^^^^ 
submit a report on civil monetary penalties to the Congress which 
shall include— 
(1) to the extent possible, the number and amount of civil 
monetary penalties imposed pursuant to each provision of law 
providing for such civil monetary penalties, during the complete 
fiscal year preceding the submission of such report; 
(2) to the extent possible, the number and amount of such civil 
penalties collected during such fiscal year; and 
(3) any recommendations that the President determines 
appropriate to— 
(A) eliminate obsolete civil monetary penalties; 
(B) modify the amount of any civil monetary penalty; or 
(C) make any other legislative modifications concerning 
civil monetary penalties. 
Approved October 5, 1990. 
LEGISLATIVE HISTORY—S. 535: 
HOUSE REPORTS: No. 101-697 (Comm. on Government Operations). 
SENATE REPORTS: No. 101-240 (Comm. on Governmental Affairs). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Feb. 22, considered and passed Senate. 
Sept. 24, considered and passed House.