28 U.S.C. § 2462 — Time for commencing proceedings

Page 612 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2462 ‘‘(A) the head of an agency shall adjust civil mon- etary penalties through an interim final rule- making; and ‘‘(B) the adjustment shall take effect not later than August 1, 2016. ‘‘(2) SUBSEQUENT ADJUSTMENTS.—For the second ad- justment made under subsection (a) after the date of enactment of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, and each adjustment thereafter, the head of an agency shall adjust civil monetary penalties and shall make the adjustment notwithstanding section 553 of title 5, United States Code. ‘‘(c) EXCEPTION.—For the first adjustment made under subsection (a) after the date of enactment of the Federal Civil Penalties Inflation Adjustment Act Im- provements Act of 2015, the head of an agency may ad- just the amount of a civil monetary penalty by less than the otherwise required amount if— ‘‘(1) the head of the agency, after publishing a no- tice of proposed rulemaking and providing an oppor- tunity for comment, determines in a final rule that— ‘‘(A) increasing the civil monetary penalty by the otherwise required amount will have a negative economic impact; or ‘‘(B) the social costs of increasing the civil mone- tary penalty by the otherwise required amount out- weigh the benefits; and ‘‘(2) the Director of the Office of Management and Budget concurs with the determination of the head of the agency under paragraph (1). ‘‘(d) OTHER ADJUSTMENTS MADE.—If a civil monetary penalty subject to a cost-of-living adjustment under this Act is, during the 12 months preceding a required cost-of-living adjustment, increased by an amount greater than the amount of the adjustment required under subsection (a), the head of the agency is not re- quired to make the cost-of-living adjustment for that civil monetary penalty in that year. ‘‘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 min- imum and maximum civil monetary penalties, as appli- cable, 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) DEFINITION.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), for purposes of subsection (a), the term ‘cost-of- living adjustment’ means the percentage (if any) for each civil monetary penalty by which— ‘‘(A) the Consumer Price Index for the month of October preceding the date of the adjustment, ex- ceeds ‘‘(B) the Consumer Price Index for the month of October 1 year before the month of October referred to in subparagraph (A). ‘‘(2) INITIAL ADJUSTMENT.— ‘‘(A) IN GENERAL.—Subject to subparagraph (C), for the first inflation adjustment under section 4 made by an agency after the date of enactment of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 [Nov. 2, 2015], the term ‘cost-of-living adjustment’ means the percent- age (if any) for each civil monetary penalty by which the Consumer Price Index for the month of October, 2015 exceeds the Consumer Price Index for the month of October of the calendar year during which the amount of such civil monetary penalty was established or adjusted under a provision of law other than this Act. ‘‘(B) APPLICATION OF ADJUSTMENT.—The cost-of- living adjustment described in subparagraph (A) shall be applied to the amount of the civil mone- tary penalty as it was most recently established or adjusted under a provision of law other than this Act. ‘‘(C) MAXIMUM ADJUSTMENT.—The amount of the increase in a civil monetary penalty under subpara- graph (A) shall not exceed 150 percent of the amount of that civil monetary penalty on the date of enactment of the Federal Civil Penalties Infla- tion Adjustment Act Improvements Act of 2015. ‘‘SEC. 6. Any increase under this Act in a civil mone- tary penalty shall apply only to civil monetary pen- alties, including those whose associated violation pre- dated such increase, which are assessed after the date the increase takes effect. ‘‘SEC. 7. IMPLEMENTATION AND OVERSIGHT ENHANCE- MENTS ‘‘(a) OMB GUIDANCE.—Not later than February 29, 2016, not later than December 15, 2016, and December 15 of every year thereafter, the Director of the Office of Management and Budget shall issue guidance to agen- cies on implementing the inflation adjustments re- quired under this Act. ‘‘(b) AGENCY FINANCIAL REPORTS.—The head of each agency shall include in the Agency Financial Report submitted under OMB Circular A–136, or any successor thereto, information about the civil monetary pen- alties within the jurisdiction of the agency, including the adjustment of the civil monetary penalties by the head of the agency under this Act. ‘‘(c) GAO REVIEW.—The Comptroller General of the United States shall annually submit to Congress a re- port assessing the compliance of agencies with the in- flation adjustments required under this Act, which may be included as part of another report submitted to Con- gress.’’ [Pub. L. 104–134, title III, § 31001(s)(2), Apr. 26, 1996, 110 Stat. 1321–373, which provided that the first adjustment of a civil monetary penalty made pursuant to the amendment by § 31001(s)(1) of Pub. L. 104–134 (amending Pub. L. 101–410, set out above) could not exceed 10 per- cent of the penalty, was repealed by Pub. L. 114–74, title VII, § 701(c), Nov. 2, 2015, 129 Stat. 601.] [For authority of the Director of the Office of Man- agement 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 sub- mitted between Jan. 1, 1995, and Sept. 30, 1997, or to ad- just 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 Con- gress, an action, suit or proceeding for the en- forcement of any civil fine, penalty, or for- feiture, pecuniary or otherwise, shall not be en- tertained unless commenced within five years from the date when the claim first accrued if, within the same period, the offender or the prop- erty 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 re- pleviable All property taken or detained under any rev- enue law of the United States shall not be repleviable, but shall be deemed to be in the cus- tody 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).