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GAO-02-932R 1 (2002-07-26)

handle is hein.gao/gaobaamak0001 and id is 1 raw text is: i Accountability * Integrity * Reliability United States General Accounting Office Washington, DC 20548 July 26, 2002 The Honorable Rita R. Colwell Director National Science Foundation Subject: National Science Foundation's Compliance With the Inflation Adjustment Act Dear Dr. Colwell: Earlier this year, we initiated a governmentwide review of the implementation of the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended (Inflation Adjustment Act).' The Inflation Adjustment Act required each federal agency to issue a regulation adjusting its covered maximum civil monetary penalties for inflation by October 23, 1996, and to make necessary adjustments at least once every 4 years thereafter. During our review, we determined that the National Science Foundation (NSF) had adjusted its maximum civil penalties more than the act permits. This report is intended to bring this matter to your attention and to recommend corrective action. NSF Adjusted Its Civil Penalties More Than The Inflation Adjustment Act Permitted The Inflation Adjustment Act defines a cost-of-living adjustment as the percentage change in the Consumer Price Index (CPI) between June of the calendar year in which the penalty was last set or adjusted pursuant to law and June of the calendar year preceding the adjustment (i.e., June 1995 for the first adjustment required in October 1996). The statute limited an agency's first round of civil penalty adjustments to 10 percent, and any subsequent adjustments to changes in the CPI since the last adjustment. On November 20, 1996, NSF published a final rule that adjusted its civil monetary penalties under the Antarctic Conservation Act of 1978 (16 U.S.C. 2407) in two steps.' First, the agency adjusted the civil penalties by 10 percent, which increased the 'The Inflation Adjustment Act is codified at 28 U.S.C. 2461 note. The 1990 act was amended in 1996 by the Debt Collection Improvement Act, which added the requirement for agencies to adjust their civil penalties by regulation (Pub. Law 104-134, Sec. 31001, 110 Stat. 1321-373). 2NSF did not submit this rule to the Congress and the Comptroller General as required by 5 U.S.C. 801(a), so it did not take effect. NSF published another rule on June 16, 1998, that replaced the 1996 rule and made the same adjustments, except that the $23,000 penalty for intentional violations was increased to $25,000. GAO-02-932R NSF Penalty Adjustments

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