Page:United States Statutes at Large Volume 110 Part 2.djvu/520

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110 STAT. 1321-373 PUBLIC LAW 104-134—APR. 26, 1996 Regulations. Regulations. Federal Register, publication. 28 USC 2461 note. ^§3720E. Dissemination of information regarding identity of delinquent debtors "(a) The head of any agency may, with the review of the Secretary of the Treasury, for the purpose of collecting any delinquent nontax debt owed by any person, publish or otherwise publicly disseminate information regarding the identity of the person and the existence of the nontax debt. "(b)(1) The Secretary of the Treasury, in consultation with the Director of the Office of Management and Budget and the heads of other appropriate Federal agencies, shall issue regulations establishing procedures and requirements the Secretary considers appropriate to carry out this section. "(2) Regulations under this subsection shall include— "(A) standards for disseminating information that maximize collections of delinquent nontax debts, by directing actions under this section toward delinquent debtors that have assets or income sufficient to pay their delinquent nontax debt; "(B) procedures and requirements that prevent dissemination of information under this section regarding persons who have not had an opportunity to verify, contest, and compromise their nontax debt in accordance with this subchapter; and "(C) procedures to ensure that persons are not incorrectly identified pursuant to this section.". (2) CLERICAL AMENDMENT.— The table of sections for subchapter II of chapter 37 of title 31, United States Code, is amended by adding after the item relating to section 3720D (as added by subsection (o) of this section) the following new item: "3720E. Dissemination of information regarding identity of delinquent debtors.". (s)(l) IN GENERAL. —The Federal Civil Penalties Inflation Adjustment Act of 1990 (Public Law 101-410, 104 Stat. 890; 28 U.S.C. 2461 note) is amended— (A) by amending section 4 to read as follows: "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, 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, the Tariff Act of 1930, the Occupational Safety and Health Act of 1970, or the Social Security Act, by the inflation adjustment described under section 5 of this Act; and "(2) publish each such regulation in the Federal Register."; (B) in section 5(a), by striking 'The adjustment described under paragraphs (4) and (5)(A) of section 4" and inserting "The inflation adjustment under section 4"; and (C) by adding at the end the following new section: "SEC. 7. Any increase under this Act in a civil monetary penalty shall apply only to violations which occur after the date the increase takes effect.". (2) LIMITATION ON INITLAL ADJUSTMENT.—The first adjustment of a civil monetary penalty made pursuant to the amendment made by paragraph (1) may not exceed 10 percent of such penalty. (t)(l) IN GENERAL. — Title 31, United States Code, is amended by inserting after section 3720B (as added by subsection (j) of this section) the following new section: