[Federal Register Volume 89, Number 29 (Monday, February 12, 2024)]
[Rules and Regulations]
[Pages 9764-9769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02829]
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DEPARTMENT OF JUSTICE
28 CFR Part 85
[Docket No. OLP 176]
Civil Monetary Penalties Inflation Adjustments for 2024
AGENCY: Department of Justice.
ACTION: Final rule.
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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 February 12, 2024 with
respect to violations occurring after November 2, 2015.
DATES: This rule is effective February 12, 2024.
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
[[Page 9765]]
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.
The Department has continued to promulgate rules adjusting the
civil money penalties for inflation thereafter. Most recently, the
Department published a final rule on January 30, 2023 (88 FR 5776), to
adjust the civil money penalties to account for inflation occurring
since 2022.
II. Inflation Adjustments Made by This Rule
As required, the Department is publishing this final rule to adjust
for 2024 the Department's current civil penalties. Under the statutory
formula, the adjustments made by this rule are based on the Bureau of
Labor Statistics' Consumer Price Index for October 2023. The OMB
Memorandum for the Heads of Executive Departments and Agencies M-24-07
(Dec. 19, 2023) https://www.whitehouse.gov/wp-content/uploads/2023/12/M-24-07-Implementation-of-Penalty-Inflation-Adjustments-for-2024.pdf
(last visited Dec. 21, 2023) instructs that the applicable inflation
factor for this adjustment is 1.03241.
Accordingly, this rule adjusts the civil penalty amounts in 28 CFR
85.5 by applying the inflation factor of 1.03241 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.
Similar adjustments have been made in the following years,
through 2023, where the applicable inflation factor was 1.07745, and
the existing penalty of $12,537 was multiplied by 1.07745 and revised
to $13,508.
For this final rule in 2024, where the applicable
inflation factor is 1.03241, the existing penalty of $13,508 is
multiplied by 1.03241 and rounded to the nearest dollar. The revised
penalty is now $13,946.
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 for 2024 are
applicable only to civil penalties assessed after February 12, 2024,
with respect to violations occurring after November 2, 2015, the date
of enactment of the BBA.
The penalty amounts set forth in the existing provisions of 28 CFR
85.5, and its accompanying table, are applicable to all covered civil
penalties assessed after August 1, 2016, and on or before February 12,
2024, with respect to violations occurring after November 2, 2015.
The revised table in this rule lists the civil penalty amounts as
adjusted in 2024, 2023, 2022, and 2021. For penalties assessed prior to
the adjustment rule adopted in 2021, section 85.5(c) of this rule
directs readers back to the 2020 version of the rule, as published in
the Federal Register, which sets forth the adjusted civil penalty
amounts for penalties assessed prior to the 2021 adjustments. 85 FR
37004 (June 19, 2020).
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). See Civil Monetary Penalties Inflation
Adjustment, 83 FR 3944 (Jan. 29, 2018).
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, 13563, and 14094--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, in accordance with Executive Order 13563, ``Improving
Regulation and Regulatory Review,'' section 1, General Principles of
Regulation, and in accordance with section 1(b), General Principles of
Regulation; and Executive Order 14094, ``Modernizing Regulatory
Review''. 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,
mechanical 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 January 30, 2023 (88 FR 5776).
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,
[[Page 9766]]
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 rule 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 (as adjusted for inflation), 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.
List of Subjects in 28 CFR Part 85
Administrative practice and procedure, Penalties.
Under rulemaking authority vested in the Attorney General in 5
U.S.C. 301; 28 U.S.C. 509, 510 and delegated to the Assistant Attorney
General, Office of Legal Policy, by A.G. Order No. 5328-2022, and 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.
(a) For civil penalties assessed after February 12, 2024, 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.
(b) For civil penalties assessed after January 30, 2023, and on or
before February 12, 2024 whose associated violations occurred after
November 2, 2015, the civil monetary penalties provided by law within
the jurisdiction of the Department are set forth in the sixth column of
table 1 to this section. For civil penalties assessed after May 9,
2022, and on or before January 30, 2023, whose associated violations
occurred after November 2, 2015, the civil monetary penalties provided
by law within the jurisdiction of the Department are set forth in the
fifth column of table 1 to this section. For civil penalties assessed
after December 13, 2021, and on or before May 9, 2022, whose associated
violations occurred after November 2, 2015, the civil monetary
penalties provided by law within the jurisdiction of the Department are
set forth in the fourth column of table 1 to this section.
(c) For civil penalties assessed on or before December 13, 2021,
the civil monetary penalties provided by law within the jurisdiction of
the Department are set forth in 28 CFR 85.5 (July 1, 2020).
(d) All figures set forth in table 1 to this section are maximum
penalties, unless otherwise indicated.
Table 1 to Sec. 85.5
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DOJ penalty DOJ penalty
DOJ penalty DOJ penalty assessed after assessed after
U.S.C. citation Name/description CFR citation assessed after assessed after 1/30/2023 FN1 2/12/2024 FN2
12/13/2021 ($) 5/9/2022 ($) ($) ($)
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ATF
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18 U.S.C. 922(t)(5)................ Brady Law--Nat'l Instant ...................... 8,935 9,491 10,226 10,557
Criminal Check System
(NICS); Transfer of
firearm without checking
NICS.
18 U.S.C. 924(p)................... Child Safety Lock Act; ...................... 3,268 3,471 3,740 3,861
Secure gun storage or
safety device, violation.
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Civil Division
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12 U.S.C. 1833a(b)(1).............. Financial Institutions 28 CFR 85.3(a)(6)..... 2,073,133 2,202,123 2,372,677 2,449,575
Reform, Recovery, and
Enforcement Act (FIRREA)
Violation.
12 U.S.C. 1833a(b)(2).............. FIRREA Violation 28 CFR 85.3(a)(7)..... 2,073,133 2,202,123 2,372,677 2,449,575
(continuing) (per day).
12 U.S.C. 1833a(b)(2).............. FIRREA Violation 28 CFR 85.3(a)(7)..... 10,365,668 11,010,620 11,863,393 12,247,886
(continuing).
22 U.S.C. 2399b(a)(3)(A)........... Foreign Assistance Act; 28 CFR 85.3(a)(8)..... 6,021 6,396 6,891 7,114
Fraudulent Claim for
Assistance (per act).
31 U.S.C. 3729(a).................. False Claims Act; FN3 28 CFR 85.3(a)(9)..... Min 11,803, Min 12,537, Min 13,508, Min 13,946,
Violations. Max 23,607 Max 25,076 Max 27,018 Max 27,894
31 U.S.C. 3802(a)(1)............... Program Fraud Civil 28 CFR 71.3(a)........ 11,803 12,537 13,508 13,946
Remedies Act; Violations
Involving False Claim (per
claim).
31 U.S.C. 3802(a)(2)............... Program Fraud Civil 28 CFR 71.3(f)........ 11,803 12,537 13,508 13,946
Remedies Act; Violation
Involving False Statement
(per statement).
40 U.S.C. 123(a)(1)(A)............. Federal Property and 28 CFR 85.3(a)(12).... 6,021 6,396 6,891 7,114
Administrative Services
Act; Violation Involving
Surplus Government
Property (per act).
41 U.S.C. 8706(a)(1)(B)............ Anti-Kickback Act; 28 CFR 85.3(a)(13).... 23,607 25,076 27,018 27,894
Violation Involving
Kickbacks FN4 (per
occurrence).
18 U.S.C. 2723(b).................. Driver's Privacy Protection ...................... 8,708 9,250 9,966 10,289
Act of 1994; Prohibition
on Release and Use of
Certain Personal
Information from State
Motor Vehicle Records--
Substantial Non-compliance
(per day).
[[Page 9767]]
18 U.S.C. 216(b)................... Ethics Reform Act of 1989; 28 CFR 85.3(c)........ 103,657 110,107 118,635 122,480
Penalties for Conflict of
Interest Crimes FN5 (per
violation).
41 U.S.C. 2105(b)(1)............... Office of Federal ...................... 108,315 115,054 123,965 127,983
Procurement Policy Act;
FN6 Violation by an
individual (per violation).
41 U.S.C. 2105(b)(2)............... Office of Federal ...................... 1,083,140 1,150,533 1,239,642 1,279,819
Procurement Policy Act;
FN6 Violation by an
organization (per
violation).
42 U.S.C. 5157(d).................. Disaster Relief Act of ...................... 13,685 14,536 15,662 16,170
1974; FN7 Violation (per
violation).
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Civil Rights Division (excluding immigration-related penalties)
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18 U.S.C. 248(c)(2)(B)(i).......... Freedom of Access to Clinic 28 CFR 85.3(b)(1)(i).. 17,364 18,444 19,872 20,516
Entrances Act of 1994
(``FACE Act''); Nonviolent
physical obstruction,
first violation.
18 U.S.C. 248(c)(2)(B)(ii)......... FACE Act; Nonviolent 28 CFR 85.3(b)(1)(ii). 26,125 27,750 29,899 30,868
physical obstruction,
subsequent violation.
18 U.S.C. 248(c)(2)(B)(i).......... FACE Act; Violation other 28 CFR 85.3(b)(2)(i).. 26,125 27,750 29,899 30,868
than a nonviolent physical
obstruction, first
violation.
18 U.S.C. 248(c)(2)(B)(ii)......... FACE Act; Violation other 28 CFR 85.3(b)(2)(ii). 43,543 46,252 49,834 51,449
than a nonviolent physical
violation).
42 U.S.C. 3614(d)(1)(C)(i)......... Fair Housing Act of 1968; 28 CFR 85.3(b)(3)(i).. 108,315 115,054 123,965 127,983
first violation.
42 U.S.C. 3614(d)(1)(C)(ii)........ Fair Housing Act of 1968; 28 CFR 85.3(b)(3)(ii). 216,628 230,107 247,929 255,964
subsequent violation.
42 U.S.C. 12188(b)(2)(C)(i)........ Americans With Disabilities 28 CFR 36.504(a)(3)(i) 97,523 103,591 111,614 115,231
Act; Public accommodations
for individuals with
disabilities, first
violation.
42 U.S.C. 12188(b)(2)(C)(ii)....... Americans With Disabilities 28 CFR 195,047 207,183 223,229 230,464
Act; Public accommodations 36.504(a)(3)(ii).
for individuals with
disabilities subsequent
violation.
50 U.S.C. 4041(b)(3)............... Servicemembers Civil Relief 28 CFR 85.3(b)(4)(i).. 65,480 69,554 74,941 77,370
Act of 2003; first
violation.
50 U.S.C. 4041(b)(3)............... Servicemembers Civil Relief 28 CFR 85.3(b)(4)(ii). 130,961 139,109 149,883 154,741
Act of 2003; subsequent
violation.
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Criminal Division
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18 U.S.C. 983(h)(1)................ Civil Asset Forfeiture ...................... Min 374, Min 397, Min 428, Min 442,
Reform Act of 2000; Max 7,482 Max 7,948 Max 8,564 Max 8,842
Penalty for Frivolous
Assertion of Claim.
18 U.S.C. 1956(b).................. Money Laundering Control ...................... 23,607 25,076 27,018 27,894
Act of 1986; Violation FN8.
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DEA
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21 U.S.C. 844a(a).................. Anti-Drug Abuse Act of 28 CFR 76.3(a)........ 21,663 23,011 24,793 25,597
1988; Possession of small
amounts of controlled
substances (per violation).
21 U.S.C. 961(1)................... Controlled Substance Import 28 CFR 85.3(d)........ 75,267 79,950 86,142 88,934
Export Act; Drug abuse,
import or export.
21 U.S.C. 842(c)(1)(A)............. Controlled Substances Act ...................... 68,426 72,683 78,312 80,850
(``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 of ...................... 15,876 16,864 18,170 18,759
842(a)(5), (10), and (17)--
Prohibited acts re:
controlled substances.
21 U.S.C. 842(c)(1)(B)(ii)-........ SUPPORT for Patients and ...................... 102,967 109,374 117,845 121,664
Communities Act; FN9
Violations of 842(b)(ii)--
Failures re: opioids.
21 U.S.C. 842(c)(1)(C)............. CSA; Violation of 825(e) by ...................... 548,339 582,457 627,568 647,907
importer, exporter,
manufacturer, or
distributor--False
labeling of anabolic
steroids (per violation).
21 U.S.C. 842(c)(1)(D)............. CSA; Violation of 825(e) at ...................... 1,097 1,165 1,255 1,296
the retail level--False
labeling of anabolic
steroids (per violation).
21 U.S.C. 842(c)(2)(C)............. CSA; Violation of ...................... 411,223 436,809 470,640 485,893
842(a)(11) by a business--
Distribution of laboratory
supply with reckless
disregard FN10.
21 U.S.C. 842(c)(2)(D)............. SUPPORT for Patients and ...................... 514,834 546,867 589,222 608,319
Communities Act; FN9
Violations of 842(a)(5),
(10) and (17) by a
registered manufacture or
distributor of opioids.
Failures re: opioids.
[[Page 9768]]
21 U.S.C. 856(d)................... Illicit Drug Anti- ...................... 379,193 402,786 433,982 448,047
Proliferation Act of 2003;
Maintaining drug-involved
premises FN11.
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Immigration-Related Penalties FN12
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8 U.S.C. 1324a(e)(4)(A)(i)......... Immigration Reform and 28 CFR 68.52(c)(1)(i). Min 590, Min 627, Min 676, Min 698,
Control Act of 1986 Max 4,722 Max 5,016 Max 5,404 Max 5,579
(``IRCA''); Unlawful
employment of aliens,
first order (per
unauthorized alien).
8 U.S.C. 1324a(e)(4)(A)(ii)........ IRCA; Unlawful employment 28 CFR 68.52(c)(1)(ii) Min 4,722, Min 5,016, Min 5,404, Min 5,579,
of aliens, second order Max 11,803 Max 12,537 Max 13,508 Max 13,946
(per such alien).
8 U.S.C. 1324a(e)(4)(A)(iii)....... IRCA; Unlawful employment 28 CFR Min 7,082, Min 7,523, Min 8,106, Min 8,369,
of aliens, subsequent 68.52(c)(1)(iii). Max 23,607 Max 25,076 Max 27,018 Max 27,894
order (per such alien).
8 U.S.C. 1324a(e)(5)............... IRCA; Paperwork violation 28 CFR 68.52(c)(5).... Min 237, Min 252, Min 272, Min 281,
(per relevant individual). Max 2,360 Max 2,507 Max 2,701 Max 2,789
8 U.S.C. 1324a (note).............. IRCA; Violation relating to 28 CFR 68.52(c)(6).... Min 823, Min 874, Min 942, Min 973,
participating employer's Max 1,644 Max 1,746 Max 1,881 Max 1,942
failure to notify of final
nonconfirmation of
employee's employment
eligibility (per relevant
individual).
8 U.S.C. 1324a(g)(2)............... IRCA; Violation/prohibition 28 CFR 68.52(c)(7).... 2,360 2,507 2,701 2,789
of indemnity bonds (per
violation).
8 U.S.C. 1324b(g)(2)(B)(iv)(I)..... IRCA; Unfair immigration- 28 CFR Min 487, Min 517, Min 557, Min 575,
related employment 68.52(d)(1)(viii). Max 3,901 Max 4,144 Max 4,465 Max 4,610
practices, first order
(per individual
discriminated against).
8 U.S.C. 1324b(g)(2)(B)(iv)(II).... IRCA; Unfair immigration- 28 CFR 68.52(d)(1)(ix) Min 3,901, Min 4,144, Min 4,465, Min 4,610,
related employment Max 9,753 Max 10,360 Max 11,162 Max 11,524
practices, second order
(per individual
discriminated against).
8 U.S.C. 1324b(g)(2)(B)(iv)(III)... IRCA; Unfair immigration- 28 CFR 68.52(d)(1)(x). Min 5,851, Min 6,215, Min 6,696, Min 6,913,
related employment Max 19,505 Max 20,719 Max 22,324 Max 23,048
practices, subsequent
order (per individual
discriminated against).
8 U.S.C. 1324b(g)(2)(B)(iv)(I V)... IRCA; Unfair immigration- 28 CFR Min 195, Min 207, Min 223, Min 230,
related employment 68.52(d)(1)(xii). Max 1,951 Max 2,072 Max 2,232 Max 2,304
practices, unfair
documentary practices (per
individual discriminated
against).
8 U.S.C. 1324c(d)(3)(A)............ IRCA; Document fraud, first 28 CFR 68.52(e)(1)(i). Min 487, Min 517, Min 557, Min 575,
order--for violations Max 3,901 Max 4,144 Max 4,465 Max 4,610
described in U.S.C.
1324c(a)(1)-(4) (per
document).
8 U.S.C. 1324c(d)(3)(B)............ IRCA; Document fraud, 28 CFR Min 3,901, Min 4,144, Min 4,465, Min 4,610,
subsequent order--for 68.52(e)(1)(iii). Max 9,753 Max 10,360 Max 11,162 Max 11,524
violations described in
U.S.C. 1324c(a)(1)-(4)
(per document).
8 U.S.C. 1324c(d)(3)(A)............ IRCA; Document fraud, first 28 CFR 68.52(e)(1)(ii) Min 412, Min 438, Min 472, Min 487,
order--for violations Max 3,289 Max 3,494 Max 3,765 Max 3,887
described in U.S.C.
1324c(a)(5)-(6) (per
document).
8 U.S.C. 1324c(d)(3)(B)............ IRCA; Document fraud, 28 CFR 68.52(e)(1)(iv) Min 3,289, Min 3,494, Min 3,765, Min 3,887,
subsequent order--for Max 8,224 Max 8,736 Max 9,413 Max 9,718
violations described in
U.S.C. 1324c(a)(5)-(6)
(per document).
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FBI
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49 U.S.C. 30505(a)................. National Motor Vehicle ...................... 1,742 1,850 1,993 2,058
Title Identification
System; Violation (per
violation).
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Office of Justice Programs
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34 U.S.C. 10231(d)................. Confidentiality of 28 CFR 20.25.......... 30,107 31,980 34,457 35,574
information; State and
Local Criminal History
Record Information
Systems--Right to Privacy
Violation.
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\1\ The figures set forth in this column represent the penalty as last adjusted by Department of Justice regulation on January 30, 2023.
\2\ All figures set forth in this table are maximum penalties, unless otherwise indicated.
\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) (2015). 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. section 3729(a)(2). 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 44 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) (2015). 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) (2015). 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) (2015). 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. section 2105(b). 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).
[[Page 9769]]
\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) (2015). The Federal Emergency Management Agency has promulgated regulations regarding this statute and has adjusted the penalty in its
regulation. 44 CFR 206.14(d) (2015). The Department of Health and Human Services (HHS) has also promulgated a regulation regarding the penalty under
this statute. 42 CFR 38.8 (2015).
\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)
(2015). 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\ The SUPPORT for Patients and Communities Act, Public Law 115-221 was enacted Oct. 24, 2018.
\10\ 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) (2015).
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).
\11\ 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) (2015). 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).
\12\ The date of assessment for purposes of calculating the minimum and maximum civil money penalties for violations of 8 U.S.C. 1324a under 28 CFR 85.5
is the date of the OCAHO final order, rather than the date of service of the Notice of Intent to Fine. United States v. Edgemont Group, LLC, 17 OCAHO
no. 1470e (2023).
Dated: February 5, 2024.
Susan M. Davies,
Acting Assistant Attorney General, Office of Legal Policy.
[FR Doc. 2024-02829 Filed 2-9-24; 8:45 am]
BILLING CODE 4410-BB-P