[Federal Register Volume 86, Number 236 (Monday, December 13, 2021)]
[Rules and Regulations]
[Pages 70740-70746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26817]


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DEPARTMENT OF JUSTICE

28 CFR Part 85

[Docket No. OAG 173; AG Order No. 5236-2021]


Civil Monetary Penalties Inflation Adjustment for 2021

AGENCY: Department of Justice.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of Justice is adjusting for inflation the civil 
monetary penalties assessed or enforced by components of the 
Department, in accordance with the provisions of the Bipartisan Budget 
Act of 2015, for penalties assessed after December 13, 2021 with 
respect to violations occurring after November 2, 2015.

DATES: This rule is effective December 13, 2021.

FOR FURTHER INFORMATION CONTACT: Robert Hinchman, Senior Counsel, 
Office of Legal Policy, U.S. Department of Justice, Room 4252, RFK 
Building, 950 Pennsylvania Avenue NW, Washington, DC 20530, telephone 
(202) 514-8059 (not a toll-free number).

SUPPLEMENTARY INFORMATION:

I. Statutory Process for Implementing Annual Inflation Adjustments

    Section 701 of the Bipartisan Budget Act of 2015, Public Law 114-74 
(Nov. 2, 2015) (``BBA''), 28 U.S.C. 2461 note, substantially revised 
the prior provisions of the Federal Civil Monetary Penalties Inflation 
Adjustment Act of 1990, Public Law 101-410 (the ``Inflation Adjustment 
Act''), and substituted a different statutory formula for calculating 
inflation adjustments on an annual basis.
    In accordance with the provisions of the BBA, on June 30, 2016 (81 
FR 42491), the Department of Justice published an interim rule (``June 
2016 interim rule'') to adjust for inflation the civil monetary 
penalties assessed or enforced by components of the Department after 
August 1, 2016, with respect to violations occurring after November 2, 
2015, the date of enactment of the BBA. Readers may refer to the 
Supplementary Information (also known as the preamble) of the 
Department's June 2016 interim rule for additional background 
information regarding the statutory authority for adjustments of civil 
monetary penalty amounts to take account of inflation and the 
Department's past implementation of inflation adjustments. The June 
2016 interim rule was finalized without change by the publication of a 
final rule on April 5, 2019 (84 FR 13525).
    After the initial adjustments in 2016, the BBA also provides for 
agencies to adjust their civil penalties on January 15 of each year to 
account for inflation during the preceding year, rounded to the nearest 
dollar. Accordingly, on February 3, 2017 (82 FR 9131), and on January 
29, 2018 (83 FR 3944), the Department published final rules pursuant to 
the BBA to make annual inflation adjustments in the civil monetary 
penalties assessed or enforced by components of the Department after 
those dates, with respect to violations occurring after November 2, 
2015.
    Most recently, the Department published a final rule on June 19, 
2020 (85 FR 37004), to adjust the Department's civil money penalties. 
The Department did not publish an inflation adjustment rule in 2019, 
but the 2020 adjustments incorporated the civil penalty adjustments for 
both 2019 and 2020, so that the current penalty amounts are the same as 
if two separate rules had been published.

II. Inflation Adjustments Made by This Rule

    As required, the Department is publishing this final rule to adjust 
for

[[Page 70741]]

2021 the civil penalties that were most recently adjusted as of June 
19, 2020. Under the statutory formula, the adjustments made by this 
rule are based on the Bureau of Labor Statistics' Consumer Price Index 
for October 2020. The Office of Management and Budget (OMB) Memorandum 
for the Heads of Executive Departments and Agencies M-21-10 (Dec. 23, 
2020) https://www.whitehouse.gov/wp-content/uploads/2020/12/M-21-10.pdf 
(last visited January 6, 2021), instructs that the applicable inflation 
factor for this adjustment is 1.01182.
    Accordingly, this rule adjusts the civil penalty amounts in 28 CFR 
85.5 by applying this inflation factor mechanically to each of the 
civil penalty amounts listed (rounded to the nearest dollar).

Example

     In 2016, the Program Fraud Civil Remedies Act penalty was 
increased to $10,781 in accordance with the adjustment requirements of 
the BBA.
     For 2017, where the applicable inflation factor was 
1.01636, the existing penalty of $10,781 was multiplied by 1.01636 and 
revised to $10,957 (rounded to the nearest dollar).
     For 2018, where the applicable inflation factor is 
1.02041, the existing penalty of $10,957 was multiplied by 1.02041 and 
revised to $11,181 (rounded to the nearest dollar).
     Had an adjustment rule been published in 2019, where the 
applicable inflation factor was 1.02041, the existing penalty of 
$11,181 would have been multiplied by 1.02522 and revised to $11,463 
(rounded to the nearest dollar).
     For the final rule in 2020 (in which the ending 2019 
penalty amounts were used as the starting penalty amounts for purposes 
of calculation) the starting penalty of $11,463 was multiplied by 
1.01764 and revised to $11,665 (rounded to the nearest dollar.)
     For this final rule in 2021, where the applicable 
inflation factor is 1.01182, the existing penalty of $11,665 is 
multiplied by 1.01182 and revised to $11,803 (rounded to the nearest 
dollar).
    This rule adjusts for inflation civil monetary penalties within the 
jurisdiction of the Department of Justice for purposes of the Inflation 
Adjustment Act, as amended. Other agencies are responsible for the 
inflation adjustments of certain other civil monetary penalties that 
the Department's litigating components bring suit to collect. The 
reader should consult the regulations of those other agencies for 
inflation adjustments to those penalties.

III. Effective Date of Adjusted Civil Penalty Amounts

    Under this rule, the adjusted civil penalty amounts are applicable 
only to civil penalties assessed after December 13, 2021, with respect 
to violations occurring after November 2, 2015, the date of enactment 
of the BBA.
    The penalty amounts set forth in the existing table in 28 CFR 85.5 
are applicable to civil penalties assessed after August 1, 2016, and on 
or before the effective date of this rule, with respect to violations 
occurring after November 2, 2015. Civil penalties for violations 
occurring on or before November 2, 2015, and assessments made on or 
before August 1, 2016, will continue to be subject to the civil 
monetary penalty amounts set forth in the Department's regulations in 
28 CFR parts 20, 22, 36, 68, 71, 76, and 85 as such regulations were in 
effect prior to August 1, 2016 (or as set forth by statute if the 
amount had not yet been adjusted by regulation prior to August 1, 
2016).

IV. Statutory and Regulatory Analyses

A. Administrative Procedure Act

    The BBA provides that, for each annual adjustment made after the 
initial adjustments of civil penalties in 2016, the head of an agency 
shall adjust the civil monetary penalties each year notwithstanding 5 
U.S.C. 553. Accordingly, this rule is being issued as a final rule 
without prior notice and public comment, and without a delayed 
effective date.

B. Regulatory Flexibility Act

    Only those entities that are determined to have violated Federal 
law and regulations would be affected by the increase in the civil 
penalty amounts made by this rule. A Regulatory Flexibility Act 
analysis is not required for this rule because publication of a notice 
of proposed rulemaking was not required. See 5 U.S.C. 603(a).

C. Executive Orders 12866 and 13563--Regulatory Review

    This final rule has been drafted in accordance with Executive Order 
12866, ``Regulatory Planning and Review,'' section 1(b), The Principles 
of Regulation, and in accordance with Executive Order 13563, 
``Improving Regulation and Regulatory Review,'' section 1, General 
Principles of Regulation. Executive Orders 12866 and 13563 direct 
agencies, in certain circumstances, to assess all costs and benefits of 
available regulatory alternatives and, if regulation is necessary, to 
select regulatory approaches that maximize net benefits (including 
potential economic, environmental, public health and safety effects, 
distributive impacts, and equity).
    The Department of Justice has determined that this rule is not a 
``significant regulatory action'' under Executive Order 12866, 
``Regulatory Planning and Review,'' section 3(f), and, accordingly, 
this rule has not been reviewed by the Office of Management and Budget. 
This final rule implements the BBA by making an across-the-board 
adjustment of the civil penalty amounts in 28 CFR 85.5 to account for 
inflation since the adoption of the Department's final rule published 
on June 19, 2020.

D. Executive Order 13132--Federalism

    This rule will not have substantial direct effects on the States, 
on the relationship between the National Government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. Therefore, in accordance with Executive Order 
13132, it is determined that this rule does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

E. Executive Order 12988--Civil Justice Reform

    This regulation meets the applicable standards set forth in 
sections 3(a) and 3(b)(2) of Executive Order 12988.

F. Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

G. Congressional Review Act

    This rule is not a major rule as defined by the Congressional 
Review Act, 5 U.S.C. 804. It will not result in an annual effect on the 
economy of $100 million or more; a major increase in costs or prices 
for consumers, individual industries, Federal, State, or local 
government agencies, or geographic regions; or significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or on the ability of United States-based enterprises to 
compete with foreign-based enterprises in domestic and export markets.

[[Page 70742]]

List of Subjects in 28 CFR Part 85

    Administrative practice and procedure, Penalties.

    Accordingly, for the reasons set forth in the preamble, chapter I 
of title 28 of the Code of Federal Regulations is amended as follows:

PART 85--CIVIL MONETARY PENALTIES INFLATION ADJUSTMENT

0
1. The authority citation for part 85 continues to read as follows:

    Authority:  5 U.S.C. 301, 28 U.S.C. 503; Pub. L. 101-410, 104 
Stat. 890, as amended by Pub. L. 104-134, 110 Stat. 1321; Pub. L. 
114-74, section 701, 28 U.S.C. 2461 note.


0
2. Section 85.5 is revised to read as follows:


Sec.  85.5   Adjustments to penalties for violations occurring after 
November 2, 2015.

    For civil penalties assessed after December 13, 2021, whose 
associated violations occurred after November 2, 2015, the civil 
monetary penalties provided by law within the jurisdiction of the 
Department are adjusted as set forth in the eighth column of table 1 to 
this section. For civil penalties assessed after June 19, 2020, and on 
or before December 13, 2021, whose associated violations occurred after 
November 2, 2015, the civil monetary penalties provided by law within 
the jurisdiction of the Department are adjusted as set forth in the 
seventh column of table 1 to this section. For civil penalties assessed 
after January 29, 2018, and on or before June 19, 2020, whose 
associated violations occurred after November 2, 2015, the civil 
monetary penalties provided by law within the jurisdiction of the 
Department are those set forth in the sixth column of table 1 to this 
section. For civil penalties assessed after February 3, 2017, and on or 
before January 29, 2018, whose associated violations occurred after 
November 2, 2015, the civil monetary penalties provided by law within 
the jurisdiction of the Department are those set forth in the fifth 
column of table 1 to this section. For civil penalties assessed after 
August 1, 2016, and on or before February 3, 2017, whose associated 
violations occurred after November 2, 2015, the civil monetary 
penalties provided by law within the jurisdiction of the Department are 
those set forth in the fourth column of table 1 to this section. All 
figures set forth in this table are maximum penalties, unless otherwise 
indicated.

                                                                 Table 1 to Sec.   85.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                          DOJ penalty
                                                                      DOJ penalty       DOJ penalty      DOJ penalty     assessed after    DOJ penalty
       U.S.C. citation         Name/description    CFR citation    assessed after 8/ assessed after 2/  assessed after   6/19/2020 ($)    assessed after
                                                                       1/16 ($)          3/17 ($)       1/29/2018 ($)         \1\         12/13/2021 \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           ATF
--------------------------------------------------------------------------------------------------------------------------------------------------------
18 U.S.C. 922(t)(5)..........  Brady Law--Nat'l  ................  8,162...........  8,296...........  8,465..........  8,831..........  8,935.
                                Instant
                                Criminal Check
                                System;
                                Transfer of
                                firearm without
                                checking NICS.
18 U.S.C. 924(p).............  Child Safety      ................  2,985...........  3,034...........  3,096..........  3,230..........  3,268.
                                Lock Act;
                                Secure gun
                                storage or
                                safety device,
                                violation.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Civil Division
--------------------------------------------------------------------------------------------------------------------------------------------------------
12 U.S.C. 1833a(b)(1)........  Financial         28 CFR            1,893,610.......  1,924,589.......  1,963,870......  2,048,915......  2,073,133.
                                Institutions      85.3(a)(6).
                                Reform,
                                Recovery, and
                                Enforcement Act
                                (FIRREA)
                                Violation.
12 U.S.C. 1833a(b)(2)........  FIRREA Violation  28 CFR            1,893,610.......  1,924,589.......  1,963,870......  2,048,915......  2,073,133.
                                (continuing)      85.3(a)(7).
                                (per day).
12 U.S.C. 1833a(b)(2)........  FIRREA Violation  28 CFR            9,468,050.......  9,622,947.......  9,819,351......  10,244,577.....  10,365,668.
                                (continuing).     85.3(a)(7).
22 U.S.C. 2399b(a)(3)(A).....  Foreign           28 CFR            5,500...........  5,590...........  5,704..........  5,951..........  6,021.
                                Assistance Act;   85.3(a)(8).
                                Fraudulent
                                Claim for
                                Assistance (per
                                act).
31 U.S.C. 3729(a)............  False Claims      28 CFR            Min 10,781, Max   Min 10,957, Max   Min 11,181, Max  Min 11,665, Max  Min 11,803 Max
                                Act; \3\          85.3(a)(9).       21,563.           21,916.           22,363.          23,331.          23,607.
                                Violations.
31 U.S.C. 3802(a)(1).........  Program Fraud     28 CFR 71.3(a)..  10,781..........  10,957..........  11,181.........  11,665.........  11,803.
                                Civil Remedies
                                Act; Violations
                                Involving False
                                Claim (per
                                claim).
31 U.S.C. 3802(a)(2).........  Program Fraud     28 CFR 71.3(f)..  10,781..........  10,957..........  11,181.........  11,665.........  11,803.
                                Civil Remedies
                                Act; Violation
                                Involving False
                                Statement (per
                                statement).
40 U.S.C. 123(a)(1)(A).......  Federal Property  28 CFR            5,500...........  5,590...........  5,704..........  5,951..........  6,021.
                                and               85.3(a)(12).
                                Administrative
                                Services Act;
                                Violation
                                Involving
                                Surplus
                                Government
                                Property (per
                                act).
41 U.S.C. 8706(a)(1)(B)......  Anti-Kickback     28 CFR            21,563..........  21,916..........  22,363.........  23,331.........  23,607.
                                Act; Violation    85.3(a)(13).
                                Involving
                                Kickbacks \4\
                                (per
                                occurrence)).

[[Page 70743]]

 
18 U.S.C. 2723(b)............  Driver's Privacy  ................  7,954...........  8,084...........  8,249..........  8,606..........  8,708.
                                Protection Act
                                of 1994;
                                Prohibition on
                                Release and Use
                                of Certain
                                Personal
                                Information
                                from State
                                Motor Vehicle
                                Records--Substa
                                ntial Non-
                                compliance (per
                                day).
18 U.S.C. 216(b).............  Ethics Reform     28 CFR 85.3(c)..  94,681..........  96,230..........  98,194.........  102,446........  103,657.
                                Act of 1989;
                                Penalties for
                                Conflict of
                                Interest Crimes
                                \5\ (per
                                violation).
41 U.S.C. 2105(b)(1).........  Office of         ................  98,935..........  100,554.........  102,606........  107,050........  108,315.
                                Federal
                                Procurement
                                Policy Act; \6\
                                Violation by an
                                individual (per
                                violation).
41 U.S.C. 2105(b)(2).........  Office of         ................  989,345.........  1,005,531.......  1,026,054......  1,070,487......  1,083,140.
                                Federal
                                Procurement
                                Policy Act; \6\
                                Violation by an
                                organization
                                (per violation).
42 U.S.C. 5157(d)............  Disaster Relief   ................  12,500..........  12,705..........  12,964.........  13,525.........  13,685.
                                Act of 1974;
                                \7\ Violation
                                (per violation).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                             Civil Rights Division (excluding immigration-related penalties)
--------------------------------------------------------------------------------------------------------------------------------------------------------
18 U.S.C. 248(c)(2)(B)(i)....  Freedom of        28 CFR            15,909..........  16,169..........  16,499.........  17,161.........  17,364.
                                Access to         85.3(b)(1)(i).
                                Clinic
                                Entrances Act
                                of 1994 (``FACE
                                Act'');
                                Nonviolent
                                physical
                                obstruction,
                                first violation.
18 U.S.C. 248(c)(2)(B)(ii)...  FACE Act;         28 CFR            23,863..........  24,253..........  24,748.........  25,820.........  26,125.
                                Nonviolent        85.3(b)(1)(ii).
                                physical
                                obstruction,
                                subsequent
                                violation.
18 U.S.C. 248(c)(2)(B)(i)....  FACE Act;         28 CFR            23,863..........  24,253..........  24,748.........  25,820.........  26,125.
                                Violation other   85.3(b)(2)(i).
                                than a
                                nonviolent
                                physical
                                obstruction,
                                first violation.
18 U.S.C. 248(c)(2)(B)(ii)...  FACE Act;         28 CFR            39,772..........  40,423..........  41,248.........  43,034.........  43,543.
                                Violation other   85.3(b)(2)(ii).
                                than a
                                nonviolent
                                physical
                                obstruction,
                                subsequent
                                violation.
42 U.S.C. 3614(d)(1)(C)(i)...  Fair Housing Act  28 CFR            98,935..........  100,554.........  102,606........  107,050........  108,315.
                                of 1968; first    85.3(b)(3)(i).
                                violation.
42 U.S.C. 3614(d)(1)(C)(ii)..  Fair Housing Act  28 CFR            197,869.........  201,106.........  205,211........  214,097........  216,628.
                                of 1968;          85.3(b)(3)(ii).
                                subsequent
                                violation.
42 U.S.C. 12188(b)(2)(C)(i)..  Americans With    28 CFR            89,078..........  90,535..........  92,383.........  96,384.........  97,523.
                                Disabilities      36.504(a)(3)(i).
                                Act; Public
                                accommodations
                                for individuals
                                with
                                disabilities,
                                first violation.
42 U.S.C. 12188(b)(2)(C)(ii).  Americans With    28 CFR            178,156.........  181,071.........  184,767........  192,768........  195,047.
                                Disabilities      36.504(a)(3)(ii
                                Act; Public       ).
                                accommodations
                                for individuals
                                with
                                disabilities
                                subsequent
                                violation.
50 U.S.C. 4041(b)(3).........  Servicemembers    28 CFR            59,810..........  60,788..........  62,029.........  64,715.........  65,480.
                                Civil Relief      85.3(b)(4)(i).
                                Act of 2003;
                                first violation.
50 U.S.C. 4041(b)(3).........  Servicemembers    28 CFR            119,620.........  121,577.........  124,058........  129,431........  130,961.
                                Civil Relief      85.3(b)(4)(ii).
                                Act of 2003;
                                subsequent
                                violation.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Criminal Division
--------------------------------------------------------------------------------------------------------------------------------------------------------
18 U.S.C. 983(h)(1)..........  Civil Asset       ................  Min 342, Max      Min 348, Max      Min 355, Max     Min 370, Max     Min 374, Max
                                Forfeiture                          6,834.            6,946.            7,088.           7,395.           7,482.
                                Reform Act of
                                2000; Penalty
                                for Frivolous
                                Assertion of
                                Claim.

[[Page 70744]]

 
18 U.S.C. 1956(b)............  Money Laundering  ................  21,563..........  21,916..........  22,363.........  23,331.........  23,607.
                                Control Act of
                                1986; Violation
                                \8\.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           DEA
--------------------------------------------------------------------------------------------------------------------------------------------------------
21 U.S.C. 844a(a)............  Anti-Drug Abuse   28 CFR 76.3(a)..  19,787..........  20,111..........  20,521.........  21,410.........  21,663.
                                Act of 1988;
                                Possession of
                                small amounts
                                of controlled
                                substances (per
                                violation).
21 U.S.C. 961(1).............  Controlled        28 CFR 85.3(d)..  68,750..........  69,875..........  71,301.........  74,388.........  75,267.
                                Substance
                                Import Export
                                Act; Drug
                                abuse, import
                                or export.
21 U.S.C. 842(c)(1)(A).......  Controlled        ................  62,500..........  63,523..........  64,820.........  67,627.........  68,426.
                                Substances Act
                                (``CSA'');
                                Violations of
                                842(a)--other
                                than (5), (10),
                                (16) and (17)--
                                Prohibited acts
                                re: Controlled
                                substances (per
                                violation).
21 U.S.C. 842(c)(1)(B)(i)....  CSA; Violations   ................  14,502..........  14,739..........  15,040.........  15,691.........  15,876.
                                of 842(a)(5),
                                (10), and (17)--
                                Prohibited acts
                                re: Controlled
                                substances.
21 U.S.C. 842(c)(1)(B)(ii)...  SUPPORT for       ................  ................  ................  100,000          101,764........  102,967.
                                Patients and                                                            (Statutory
                                Communities                                                             amount of new
                                Act; Violations                                                         penalty
                                of 842(b)(ii)--                                                         enacted 10/24/
                                Failures re:                                                            18) \11\.
                                Opioids.
21 U.S.C. 842(c)(1)(C).......  CSA; Violation    ................  500,855.........  509,049.........  519,439........  541,933........  548,339.
                                of 825(e) by
                                importer,
                                exporter,
                                manufacturer,
                                or distributor--
                                False labeling
                                of anabolic
                                steroids (per
                                violation).
21 U.S.C. 842(c)(1)(D).......  CSA; Violation    ................  1,002...........  1,018...........  1,039..........  1,084..........  1,097.
                                of 825(e) at
                                the retail
                                level--False
                                labeling of
                                anabolic
                                steroids (per
                                violation).
21 U.S.C. 842(c)(2)(C).......  CSA; Violation    ................  375,613.........  381,758.........  389,550........  406,419........  411,223.
                                of 842(a)(11)
                                by a business--
                                Distribution of
                                laboratory
                                supply with
                                reckless
                                disregard \9\.
21 U.S.C. 842(c)(2)(D).......  SUPPORT for       ................  ................  ................  500,000          508,820........  514,834.
                                Patients and                                                            (Statutory
                                Communities                                                             amount of new
                                Act; Violations                                                         penalty
                                of 842(a)(5),                                                           enacted 10/24/
                                (10) and (17)                                                           18) \11\.
                                by a registered
                                manufacture or
                                distributor of
                                opioids.
                                Failures re:
                                Opioids.
21 U.S.C. 856(d).............  Illicit Drug      ................  321,403.........  326,661.........  333,328........  374,763........  379,193.
                                Anti-
                                Proliferation
                                Act of 2003;
                                Maintaining
                                drug-involved
                                premises \10\.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Immigration-Related Penalties
--------------------------------------------------------------------------------------------------------------------------------------------------------
8 U.S.C. 1324a(e)(4)(A)(i)...  Immigration       28 CFR            Min 539, Max      Min 548, Max      Min 559, Max     Min 583, Max     Min 590, Max
                                Reform and        68.52(c)(1)(i).   4,313.            4,384.            4,473.           4,667.           4,722.
                                Control Act of
                                1986
                                (``IRCA'');
                                Unlawful
                                employment of
                                aliens, first
                                order (per
                                unauthorized
                                alien).
8 U.S.C. 1324a(e)(4)(A)(ii)..  IRCA; Unlawful    28 CFR            Min 4,313, Max    Min 4,384, Max    Min 4,473, Max   Min 4,667, Max   Min 4,722, Max
                                employment of     68.52(c)(1)(ii).  10,781.           10,957.           11,181.          11,665.          11,803.
                                aliens, second
                                order (per such
                                alien).
8 U.S.C. 1324a(e)(4)(A)(iii).  IRCA; Unlawful    28 CFR            Min 6,469, Max    Min 6,575, Max    Min 6,709, Max   Min 6,999, Max   Min 7,082, Max
                                employment of     68.52(c)(1)(iii   21,563.           21,916.           22,363.          23,331.          23,607.
                                aliens,           ).
                                subsequent
                                order (per such
                                alien).

[[Page 70745]]

 
8 U.S.C. 1324a(e)(5).........  IRCA; Paperwork   28 CFR            Min 216, Max      Min 220, Max      Min 224, Max     Min 234, Max     Min 237, Max
                                violation (per    68.52(c)(5).      2,156.            2,191.            2,236.           2,332.           2,360.
                                relevant
                                individual).
8 U.S.C. 1324a, (note).......  IRCA; Violation   28 CFR            Min 751, Max      Min 763, Max      Min 779, Max     Min 813, Max     Min 823, Max
                                relating to       68.52(c)(6).      1,502.            1,527.            1,558.           1,625.           1,644.
                                participating
                                employer's
                                failure to
                                notify of final
                                nonconfirmation
                                of employee's
                                employment
                                eligibility
                                (per relevant
                                individual).
8 U.S.C. 1324a(g)(2).........  IRCA; Violation/  28 CFR            2,156...........  2,191...........  2,236..........  2,332..........  2,360.
                                prohibition of    68.52(c)(7).
                                indemnity bonds
                                (per violation).
8 U.S.C.                       IRCA; Unfair      28 CFR            Min 445, Max      Min 452, Max      Min 461, Max     Min 481, Max     Min 487, Max
 1324b(g)(2)(B)(iv)(I).         immigration-      68.52(d)(1)(vii   3,563.            3,621.            3,695.           3,855.           3,901.
                                related           i).
                                employment
                                practices,
                                first order
                                (per individual
                                discriminated
                                against).
8 U.S.C.                       IRCA; Unfair      28 CFR            Min 3,563, Max    Min 3,621, Max    Min 3,695, Max   Min 3,855, Max   Min 3,901, Max
 1324b(g)(2)(B)(iv)(II).        immigration-      68.52(d)(1)(ix).  8,908.            9,054.            9,239.           9,639.           9,753.
                                related
                                employment
                                practices,
                                second order
                                (per individual
                                discriminated
                                against).
8 U.S.C.                       IRCA; Unfair      28 CFR            Min 5,345, Max    Min 5,432, Max    Min 5,543, Max   Min 5,783, Max   Min 5,851, Max
 1324b(g)(2)(B)(iv)(III).       immigration-      68.52(d)(1)(x).   17,816.           18,107.           18,477.          19,277.          19,505.
                                related
                                employment
                                practices,
                                subsequent
                                order (per
                                individual
                                discriminated
                                against).
8 U.S.C.                       IRCA; Unfair      28 CFR            Min 178, Max      Min 181, Max      Min 185, Max     Min 193, Max     Min 195, Max
 1324b(g)(2)(B)(iv)(IV).        immigration-      68.52(d)(1)(xii   1,782.            1,811.            1,848.           1,928.           1,951.
                                related           ).
                                employment
                                practices,
                                unfair
                                documentary
                                practices (per
                                individual
                                discriminated
                                against).
8 U.S.C. 1324c(d)(3)(A)......  IRCA; Document    28 CFR            Min 445, Max      Min 452, Max      Min 461, Max     Min 481, Max     Min 487, Max
                                fraud, first      68.52(e)(1)(i).   3,563.            3,621.            3,695.           3,855.           3,901.
                                order--for
                                violations
                                described in
                                U.S.C.
                                1324c(a)(1)-(4)
                                (per document).
8 U.S.C. 1324c(d)(3)(B)......  IRCA; Document    28 CFR            Min 3,563, Max    Min 3,621, Max    Min 3,695, Max   Min 3,855, Max   Min 3,901, Max
                                fraud,            68.52(e)(1)(iii   8,908.            9,054.            9,239.           9,639.           9,753.
                                subsequent        ).
                                order--for
                                violations
                                described in
                                U.S.C.
                                1324c(a)(1)-(4)
                                (per document).
8 U.S.C. 1324c(d)(3)(A)......  IRCA; Document    28 CFR            Min 376, Max      Min 382, Max      Min 390, Max     Min 407, Max     Min 412, Max
                                fraud, first      68.52(e)(1)(ii).  3,005.            3,054.            3,116.           3,251.           3,289.
                                order--for
                                violations
                                described in
                                U.S.C.
                                1324c(a)(5)-(6)
                                (per document).
8 U.S.C. 1324c(d)(3)(B)......  IRCA; Document    28 CFR            Min 3,005, Max    Min 3,054, Max    Min 3,116, Max   Min 3,251, Max   Min 3,289, Max
                                fraud,            68.52(e)(1)(iv).  7,512.            7,635.            7,791.           8,128.           8,224.
                                subsequent
                                order--for
                                violations
                                described in
                                U.S.C.
                                1324c(a)(5)-(6)
                                (per document).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           FBI
--------------------------------------------------------------------------------------------------------------------------------------------------------
49 U.S.C. 30505(a)...........  National Motor    ................  1,591...........  1,617...........  1,650..........  1,722..........  1,742.
                                Vehicle Title
                                Identification
                                System;
                                Violation (per
                                violation).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Office of Justice Programs
--------------------------------------------------------------------------------------------------------------------------------------------------------
34 U.S.C. 10231(d)...........  Confidentiality   28 CFR part 2025  27,500..........  27,950..........  28,520.........  29,755.........  30,107
                                of information;
                                State and Local
                                Criminal
                                History Record
                                Information
                                Systems--Right
                                to Privacy
                                Violation.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The figures set forth in this column represent the penalty as last adjusted by Department of Justice regulation on June 19, 2020.
\2\ All figures set forth in this table are maximum penalties, unless otherwise indicated.

[[Page 70746]]

 
\3\ Section 3729(a)(1) of Title 31 provides that any person who violates this section is liable to the United States Government for a civil penalty of
  not less than $5,000 and not more than $10,000, as adjusted by the Federal Civil Penalties Inflation Adjustment Act of 1990, plus 3 times the amount
  of damages which the Government sustains because of the act of that person. 31 U.S.C. 3729(a)(1). Section 3729(a)(2) permits the court to reduce the
  damages under certain circumstances to not less than 2 times the amount of damages which the Government sustains because of the act of that person.
  Id. The adjustment made by this regulation is only applicable to the specific statutory penalty amounts stated in subsection (a)(1), which is only one
  component of the civil penalty imposed under section 3729(a)(1).
\4\ Section 8706(a)(1) of Title 41 provides that the Federal Government in a civil action may recover from a person that knowingly engages in conduct
  prohibited by section 8702 of Title 41 a civil penalty equal to twice the amount of each kickback involved in the violation and not more than $10,000
  for each occurrence of prohibited conduct. 41 U.S.C. 8706(a)(1). The adjustment made by this regulation is only applicable to the specific statutory
  penalty amount stated in subsection (a)(1)(B), which is only one component of the civil penalty imposed under section 8706.
\5\ Section 216(b) of Title 18 provides that the civil penalty should be no more than $50,000 for each violation or the amount of compensation which the
  person received or offered for the prohibited conduct, whichever amount is greater. 18 U.S.C. 216(b). Therefore, the adjustment made by this
  regulation is only applicable to the specific statutory penalty amount stated in subsection (b), which is only one aspect of the possible civil
  penalty imposed under section 216(b).
\6\ Section 2105(b) of Title 41 provides that the Attorney General may bring a civil action in an appropriate district court of the United States
  against a person that engages in conduct that violates section 2102, 2103, or 2104 of Title 41. 41 U.S.C. 2105(b). Section 2105(b) further provides
  that on proof of that conduct by a preponderance of the evidence, an individual is liable to the Federal Government for a civil penalty of not more
  than $50,000 for each violation plus twice the amount of compensation that the individual received or offered for the prohibited conduct, and an
  organization is liable to the Federal Government for a civil penalty of not more than $500,000 for each violation plus twice the amount of
  compensation that the organization received or offered for the prohibited conduct. Id. The adjustments made by this regulation are only applicable to
  the specific statutory penalty amounts stated in subsections (b)(1) and (b)(2), which are each only one component of the civil penalties imposed under
  sections 2105(b)(1) and (b)(2).
\7\ The Attorney General has authority to bring a civil action when a person has violated or is about to violate a provision under this statute. 42
  U.S.C. 5157(b). The Federal Emergency Management Agency has promulgated regulations regarding this statute and has adjusted the penalty in its
  regulation. 44 CFR 206.14(d). The Department of Health and Human Services (HHS) has also promulgated a regulation regarding the penalty under this
  statute. 42 CFR 38.8.
\8\ Section 1956(b)(1) of Title 18 provides that whoever conducts or attempts to conduct a transaction described in subsection (a)(1) or (a)(3), or
  section 1957, or a transportation, transmission, or transfer described in subsection (a)(2), is liable to the United States for a civil penalty of not
  more than the greater of the value of the property, funds, or monetary instruments involved in the transaction; or $10,000. 18 U.S.C. 1956(b)(1). The
  adjustment made by this regulation is only applicable to the specific statutory penalty amount stated in subsection (b)(1)(B), which is only one
  aspect of the possible civil penalty imposed under section 1956(b).
\9\ Section 842(c)(2)(C) of Title 21 provides that in addition to the penalties set forth elsewhere in the subchapter or subchapter II of the chapter,
  any business that violates paragraph (11) of subsection (a) of the section shall, with respect to the first such violation, be subject to a civil
  penalty of not more than $250,000, but shall not be subject to criminal penalties under the section, and shall, for any succeeding violation, be
  subject to a civil fine of not more than $250,000 or double the last previously imposed penalty, whichever is greater. 21 U.S.C. 842(c)(2)(C). The
  adjustment made by this regulation regarding the penalty for a succeeding violation is only applicable to the specific statutory penalty amount stated
  in subsection (c)(2)(C), which is only one aspect of the possible civil penalty for a succeeding violation imposed under section 842(c)(2)(C).
\10\ Section 856(d)(1) of Title 21 provides that any person who violates subsection (a) of the section shall be subject to a civil penalty of not more
  than the greater of $250,000; or 2 times the gross receipts, either known or estimated, that were derived from each violation that is attributable to
  the person. 21 U.S.C. 856(d)(1). The adjustment made by this regulation is only applicable to the specific statutory penalty amount stated in
  subsection (d)(1)(A), which is only one aspect of the possible civil penalty imposed under section 856(d)(1).
\11\ The SUPPORT for Patients and Communities Act, Public Law 115-271 was enacted October 24, 2018.


    Dated: November 22, 2021.
Merrick B. Garland,
Attorney General.
[FR Doc. 2021-26817 Filed 12-10-21; 8:45 am]
BILLING CODE 4410-19-P