As used in this part:

(a) Inflation Adjustment Act means the Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410, October 5, 1990, 104 Stat. 890, 28 U.S.C. 2461 note).

(b) Improvement Act means the Debt Collection Improvement Act of 1996 (Public Law 104-134, April 26, 1996).

(c) Amended Section Four means section 4 of the Inflation Adjustment Act, as amended by the Improvement Act.

(d) Section Five means section 5 of the Inflation Adjustment Act.

(e) Department means the Department of Commerce.

(f) Secretary means the Secretary of the Department of Commerce.

(g) First Adjustments means the inflation adjustments made by § 6.4 of this part which, as provided in § 6.5 of this part, are effective on October 23, 1996.

The purpose of this part is to make the inflation adjustment, described in Section Five and required by Amended Section Four, of each minimum and maximum civil monetary penalty provided by law within the jurisdiction of the Department.

Each of the First Adjustments may not exceed ten percent (10%) of the respective penalty being adjusted.

The civil monetary penalties provided by law within the jurisdiction of the respective agencies or bureaus of the Department, as set forth below in this section, are hereby adjusted in accordance with the inflation adjustment procedures prescribed in Section Five, from the amounts of such penalties in effect prior to October 23, 1996, to the amounts of such penalties, as thus adjusted.

(a) Bureau of Export Administration.

(1) 50 U.S.C. app. 2410(c), Export Administration Act,1 Non-national security violation: from $10,000 to $11,000.

(2) 50 U.S.C. app. 2410(c), Export Administration Act 1 and Section 38 Arms Export Control Act, National security violation: from $100,000 to $110,000.

(3) 50 U.S.C. 1705(b), International Emergency Economic Powers Act, as invoked by E.O. 12924 (August 19, 1994) and E.O. 12938 (November 14, 1994), Export Administration Regulation violation: from $10,000 to $11,000.

(b) Economic Development Administration.

(1) 19 U.S.C. 2349, Trade Act of 1974, False statement, etc.: from $5,000 to $5,500.

(2) 42 U.S.C. 3220(a), Public Works and Economic Development Act of 1965, False statement, etc.: from $10,000 to $11,000.

(3) 42 U.S.C. 3220(b), Public Works and Economic Development Act of 1965, Embezzlement, etc.: from $10,000 to $11,000.

(c) Economics and Statistics Administration (ESA)/Census.

(1) 13 U.S.C. 304, Delinquency on delayed filing of export documentation: from $100 per/day (up to $1,000) to $110 per/day (up to $1,100).

(2) 13 U.S.C. 305, Collection of foreign trade statistics violations: from $1,000 to $1,100.

(d) ESA/Bureau of Economic Analysis.

(1) 22 U.S.C. 3105(a), International Investment and Trade in Services Act, Failure to furnish information: from a minimum of $2,500 to $2,750, and from a maximum of $25,000 to $27,500.

(2) [Reserved]

(e) Import Administration.

(1) 19 U.S.C. 81s, Foreign Trade Zone violation: from $1,000 to $1,100.

(2) 19 U.S.C. 1677f(f)(4), North American Free Trade Agreement Protective Order violation: from $100,000 to $110,000.

(f) National Oceanic and Atmospheric Administration.

(1) 15 U.S.C. 5623, Land Remote Sensing Policy Act of 1992 violation: from $10,000 to $10,900.

(2) 15 U.S.C. 5658, Land Remote Sensing Policy Act of 1992 violation: from $10,000 to $10,900.

(3) 16 U.S.C. 773f(3), Northern Pacific Halibut Act of 1982 violation: from $25,000 to $27,500.

(4) 16 U.S.C. 783, Sponge Act (1914), Violation involving catching or taking within specific areas: from $500 to $550.

(5) 16 U.S.C. 957, Tuna Convention Act of 1950 (1962):

(i) Violation of § 957(a) [Fine at § 957(d)]: from $25,000 to $27,500.

(A) Subsequent violation of section 957(a) [Fine at § 957(d)]: from $50,000 to $55,000.

(B) [Reserved]

(ii) Violation of section 957(b) [Fine at section 957(e)]: from $1,000 to $1,100.

(A) Subsequent violation of § 957(b) Fine at § 957(e)]: from $5,000 to $5,500.

(B) [Reserved]

(iii) Violation of section 957(c) [Fine at section 957(f)]: from $100,000 to $110,000.

(6) 16 U.S.C. 971e(e), Atlantic Tunas Convention Act of 1975 (1995) violation: from $100,000 to $100,000.

(7) 16 U.S.C. 972f(b), Eastern Pacific Tuna Licensing Act of 1984:

(i) Violation of section 972f(a)(1)-(3): from $25,000 to $27,500.

(A) Subsequent violation of § 972f(a)(1)-(3): from $50,000 to $55,000.

(B) [Reserved]

(ii) Violation of section 972f(a)(4)-(5): from $5,000 to $5,500.

(A) Subsequent violation of § 972f(a)(4)-(5): from $5,000 to $5,500.

(B) [Reserved]

(iii) Violation of section 972f(a)(6): from $100,000 to $110,000.

(8) 16 U.S.C. 973f(a), South Pacific Tuna Act of 1988 violation: from $250,000 to $275,000.

(9) 16 U.S.C. 1375(a)(1), Marine Mammal Protection Act of 1972:

(i) Violation: from $10,000 to $11,000.

(ii) Knowing violation (1981): from $20,000 to $22,000.

(10) 16 U.S.C. 1437(c)(1), National Marine Sanctuaries Act (1992) violation: from $100,000 to $109,000.

(11) 16 U.S.C. 1540(a)(1), Endangered Species Act of 1973:

(i) Knowing violations or engaged in business of section 1538 (a)(1)(A), (B), (C), (D), (E), or (F), (a)(2)(A), (B), (C), or (D), (c), (d) (other than recordkeeping or filing reports), (f), or (g) (1988): from $25,000 to $27,500.

(ii) Other knowing or business-related violations (1988): from $12,000 to $13,200.

(iii) Otherwise (1978): from $500 to $550.

(12) 16 U.S.C. 1851 Note (Sec.5)(c)(1), Atlantic Striped Bass Conservation Act (1984) violation: from $1,000 to $1,100.

(13) 16 U.S.C. 1858, Magnuson Fishery Conservation and Management Act (1990): from $100,000 to $110,000.

(14) 16 U.S.C. 2437(a)(1), Antarctic Marine Living Resources Convention Act (1984):

(i) Knowing violation: from $10,000 to $11,000.

(ii) Violation: from $5,000 to $5,500.

(15) 16 U.S.C. 3373(a), Lacey Act Amendments of 1981:

(i) Violations involving possession, sale, or transport of fish/plants/wildlife (1981): from $10,000 to $11,000.

(ii) Marking violations of fish/plant/wildlife (1981): from $250 to $275.

(iii) False labeling/knowingly (1988): from $10,000 to $11,000.

(16) 16 U.S.C. 3606, Atlantic Salmon Convention Act of 1982 (1990): from $100,000 to $110,000.

(17) 16 U.S.C. 3637, Pacific Salmon Treaty Act of 1985 (1990): from $100,000 to $110,000.

(18) 30 U.S.C. 1462(a), Deep Seabed Hard Mineral Resources Act (1980): from $25,000 to $27,500.

(19) 42 U.S.C. 9152(c)(1), Ocean Thermal Energy Conversion Act of 1980: from $25,000 to $27,500.

The First Adjustments made by § 6.4 of this part, of the penalties there specified, are effective on October 23, 1996, and said penalties, as thus adjusted by the First Adjustments made by § 6.4 of this part, shall apply only to violations occurring after October 23, 1996, and before the effective date of any future inflation adjustment thereto made subsequent to October 23, 1996, as provided in § 6.6 of this part. The penalties specified in § 6.4 of this part which became effective prior to October 23, 1996, shall, without any First Adjustments thereto, apply only to violations occurring before October 24, 1996.

The Secretary or his or her designee by regulation shall, at least once every four years after October 23, 1996, make the inflation adjustment, described in Section Five and required by Amended Section Four, of each civil monetary penalty provided by law and within the jurisdiction of the Department.