U.S. Code » Title 28 » Part PART VI— PARTICULAR PROCEEDINGS › Chapter CHAPTER 163— FINES, PENALTIES AND FORFEITURES

28 U.S.C. § 5

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(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-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, exceeds“(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 percentage (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 monetary 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 subparagraph (A) shall not exceed 150 percent of the amount of that civil monetary penalty on the date of enactment of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.
Notes of Decisions
Cited in 17 cases (1 in the last 5 years), 1976–2021 · leading case: United States v. Will, 449 U.S. 200 (1980).
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United States v. Will, 449 U.S. 200 (1980). “2 See 28 U. S. C. § 5 (the Chief Justice and each Associate Justice of the Supreme Court); 28 U.”
In Re Chan, 271 F. Supp. 2d 539 (S.D.N.Y. 2003). “See 28 U.S.C. § 5 3 OB (referred to as the "McDade Amendment”).”
Ruth v. Cong. of United States, 71 F.R.D. 676 (D.N.J. 1976). “Ruth does not mention 28 U.S.C. § 5 , which sets the salaries of justices of the Supreme Court, or 28 U.”
Lonnie L. Kocontes v. Orange Cnty. Sheriff s Dep't (C.D. Cal. 2019). “Plaintiff seeks monetary damages and injunctive relief 27 including destruction of recordings of telephone calls, reclassification of his status, “legal mail” 28 1 In accordance with the mandate of the Prison Litigation Reform Act of 1995 (“PLRA”), the 2 Court has screened the…”
Gregory Andre Smith v. Danny Samuels (C.D. Cal. 2021). “As both the 2006 Petition and the instant Petition challenge petitioner’s 2003 conviction, 3 the Court concludes that the instant Petition is successive. Although, from a review of the instant 4 Petition, it does not appear that petitioner satisfies any of the exceptions listed…”
Auth. of the Attorney Gen. to Make Successive Designations of Interim United States Marshals (OLC 1993). · cites it 2× “You have advised us that, in several judicial districts, deputy marshals were serving or are serving as interim marshals, pursuant to designations made under 28 U.S.C. § 5 6 2 , and delegations under 28 U.”
Alexander Stewart v. Dep't of the Navy (4th Cir. 2014). “Stewart appeals the district court’s order dismissing without prejudice his civil complaint as frivolous pursuant to 28 U.S.C. § 5 1915(e)(2)(i) (2012). * We have reviewed the record and find no reversible error.”
Stewart v. Dep't of the Navy, 585 F. App'x 1 (4th Cir. 2014). “udice his civil complaint as frivolous pursu *2 ant to 28 U.S.C. §§ 5 , 1915(e)(2)(i) (2012). * We have reviewed the record and find no reversible error.”
Lujan v. Girardi/Keese (D. Guam 2009). “” Similarly, 28 U.S.C. § 5 636(b)(1)(C) provides that “[w]ithin ten days after being served with a copy, any party may 6 serve and file written objections to such proposed findings and recommendations as provided by 7 rules of court.”
Funds Available for Payment of Nat. Resource Damages Under the Oil Pollution Act of 1990 (OLC 1997). “409 (1980), reprinted in 28 U.SC § 5 0 9 note (1994), 28 C F.R § 0 2 5 (1996) The positions asserted by the several involved departments are discussed in Section I B, infra 2See also 33 U.”
Auth. of FBI Agents, Serving As Special Deputy United States Marshals, to Pursue Non-Fed. Fugitives (OLC 1995). “This v iew is codified in 28 U.S.C. § 5 6 4 (formerly §570), which gives U.”
Suspension of a United States Marshal (OLC 1993). “” 28 U.S.C. § 5 1 0 ; see 28 U.S.C. § 509 (providing that all functions o f the Departm ent, with certain exceptions not relevant here, are vested in the A ttorney General); 28 C.”
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