28 Cfr 2462

§ 2462

TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE

‘‘(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.
‘‘(b) 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
‘‘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
‘‘(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. The head of each agency shall, not later than
180 days after the date of enactment of the Debt Collection Improvement Act of 1996 [Apr. 26, 1996], and at
least once every 4 years thereafter—
‘‘(1) by regulation adjust each civil monetary penalty provided by law within the jurisdiction of the
Federal agency, except for any penalty (including
any addition to tax and additional amount) under the
Internal Revenue Code of 1986 [26 U.S.C. 1 et seq.], the
Tariff Act of 1930 [19 U.S.C. 1202 et seq.], the Occupational Safety and Health Act of 1970 [29 U.S.C. 651 et
seq.], or the Social Security Act [42 U.S.C. 301 et
seq.], by the inflation adjustment described under
section 5 of this Act; and
‘‘(2) publish each such regulation in the Federal
Register.
‘‘COST-OF-LIVING ADJUSTMENTS OF CIVIL MONETARY
PENALTIES

‘‘SEC. 5. (a) ADJUSTMENT.—The inflation adjustment
under section 4 shall 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-ofliving 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.

Page 574

‘‘(b) DEFINITION.—For purposes of subsection (a), the
term ‘cost-of-living adjustment’ means the percentage
(if any) for each civil monetary penalty by which—
‘‘(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.
‘‘SEC. 6. Any increase under this Act in a civil monetary penalty shall apply only to violations which occur
after the date the increase takes effect.’’
[Pub. L. 104–134, title III, § 31001(s)(2), Apr. 26, 1996, 110
Stat. 1321–373, provided that: ‘‘The first adjustment of
a civil monetary penalty made pursuant to the amendment made by paragraph (1) [amending Pub. L. 101–410,
set out above] may not exceed 10 percent of such penalty.’’]
[For authority of the Director of the Office of Management and Budget to consolidate reports required
under the Federal Civil Penalties Inflation Adjustment
Act of 1990, Pub. L. 101–410, set out above, to be submitted between Jan. 1, 1995, and Sept. 30, 1997, or to adjust
their frequency and due dates, see section 404 of Pub. L.
103–356, set out as a note under section 501 of Title 31,
Money and Finance.]

§ 2462. Time for commencing proceedings
Except as otherwise provided by Act of Congress, an action, suit or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, shall not be entertained unless commenced within five years from
the date when the claim first accrued if, within
the same period, the offender or the property is
found within the United States in order that
proper service may be made thereon.
(June 25, 1948, ch. 646, 62 Stat. 974.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., § 791 (R.S. § 1047).
Changes were made in phraseology.

§ 2463. Property taken under revenue law not repleviable
All property taken or detained under any revenue law of the United States shall not be repleviable, but shall be deemed to be in the custody of the law and subject only to the orders
and decrees of the courts of the United States
having jurisdiction thereof.
(June 25, 1948, ch. 646, 62 Stat. 974.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., § 747 (R.S. § 934).
Changes were made in phraseology.

§ 2464. Security; special bond
(a) Except in cases of seizures for forfeiture
under any law of the United States, whenever a
warrant of arrest or other process in rem is issued in any admiralty case, the United States
marshal shall stay the execution of such process, or discharge the property arrested if the
process has been levied, on receiving from the
respondent or claimant of the property a bond or
stipulation in double the amount claimed by the
libellant, with sufficient surety, to be approved
by the judge of the district court where the case
is pending, or, in his absence, by the collector of
the port, conditioned to answer the decree of the