[Federal Register Volume 90, Number 126 (Thursday, July 3, 2025)]
[Rules and Regulations]
[Pages 29445-29450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-12494]
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DEPARTMENT OF JUSTICE
28 CFR Part 85
[Docket No. OLP 178]
Civil Monetary Penalties Inflation Adjustments for 2025
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 Federal Civil
Penalties Inflation Adjustment Act of 1990, as amended, for penalties
assessed after [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER]
with respect to violations occurring after November 2, 2015.
DATES: This rule is effective July 3, 2025.
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
In accordance with the requirements of section 4 of the Federal
Civil Monetary Penalties Inflation Adjustment Act of 1990, Public Law
101-410 (the ``Inflation Adjustment Act''), as amended, (28 U.S.C. 2461
note) Justice is required periodically to adjust for inflation the
civil monetary penalties assessed or enforced by the Department by
publishing a rule in the Federal Register.
Section 701 of the Bipartisan Budget Act of 2015, Public Law 114-74
(Nov. 2, 2015) (``BBA''), substantially revised the prior provisions of
the Inflation Adjustment Act and substituted a different statutory
formula for calculating inflation adjustments on an annual basis.
The BBA further requires agencies to adjust their civil penalties
on January 15 of each year thereafter to account for inflation during
the preceding year.
Pursuant to the Inflation Adjustment Act, as amended, the
Department has promulgated a series of rules adjusting the civil money
penalties for inflation. Readers may refer to the Supplementary
Information (also known as the preamble) of the Department's prior
inflation adjustment rules for additional background information
regarding the
[[Page 29446]]
statutory authority for adjustments of civil monetary penalty amounts
to take account of inflation and the Department's past implementation
of inflation adjustments.
Most recently, the Department published a final rule on February
12, 2024 (89 FR 9764), to adjust the civil money penalties to account
for inflation occurring since 2023.
II. Inflation Adjustments Made by This Rule
As required, the Department is publishing this final rule to adjust
for 2025 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 2024. M-25-02 (Dec.
17, 2024) https://www.whitehouse.gov/wp-content/uploads/2024/12/M-25-02.pdf (last visited Dec. 26, 2024) instructs that the applicable
inflation factor for this adjustment is 1.02598.
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.
For 2024, where the applicable inflation factor was
1.03241 the existing penalty of $13,508 was multiplied by 1.03241 and
revised to $13,946.
For this final rule in 2025, where the applicable
inflation factor is 1.02598 the existing penalty of $13,946 is
multiplied by 1.02598 and revised to $14,308.
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 2025 are
applicable only to civil penalties assessed after July 3, 2025, 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 July 3, 2025,
with respect to violations occurring after November 2, 2015.
The revised table in this rule lists the civil penalty amounts as
adjusted in 2025 and 2024. For civil penalty amounts as adjusted in
years prior to 2024, readers should refer to the appropriate
previously-published rule.\1\
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\1\ 81 FR 42491 (Jun. 30, 2016); 82 FR 9131 (Feb. 3, 2017); 83
FR 3944 (Jan. 29, 2018); 85 FR 37004 (Jun. 19, 2020); 86 FR 70740
(Dec. 13, 2021); 87 FR 27513 (May 9, 2022); 88 FR 5776 (Jan. 30,
2023); 89 FR 9764 (Feb. 12, 2024).
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Civil penalties for violations occurring on or before November 2,
2015, and assessments made on or before August 1, 2016, 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 83 FR 3944.
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 Order 12866 (Regulatory Planning and Review), Executive
Order 13563 (Improving Regulation and Regulatory Review), and Executive
Order 14192 (Unleashing Prosperity Through Deregulation)
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. 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 January 30, 2023 (88 FR 5776).
Further, as this rule is not a ``significant regulatory action''
pursuant to Executive Order 12866, it is not an ``Executive Order 14192
action'' and, accordingly, it is it is fully exempt from the numerical
10-for-1 and cost offset requirements of Executive Order 14192.
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 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.
[[Page 29447]]
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 July 3, 2025, 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 fifth column of table 1 to
this section.
(b) For civil penalties assessed after February 12, 2024, and on or
before July 3, 2025 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 fourth
column of table 1 to this section.
(c) 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 assessed after
U.S.C. citation Name/description CFR citation assessed after 2/ July 3, 2025 \2\
12/2024 \1\ ($) ($)
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ATF
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18 U.S.C. 922(t)(5)............. Brady Law--Nat'l .................. 10,557............ 10,831
Instant Criminal
Check System
(NICS); Transfer
of firearm
without checking
NICS.
18 U.S.C. 924(p)................ Child Safety Lock .................. 3,861............. 3,961
Act; 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 28 CFR 85.3(a)(6). 2,449,575......... 2,513,215
Institutions
Reform, Recovery,
and Enforcement
Act (FIRREA)
Violation.
12 U.S.C. 1833a(b)(2)........... FIRREA Violation 28 CFR 85.3(a)(7). 2,449,575......... 2,513,215
(continuing) (per
day).
12 U.S.C. 1833a(b)(2)........... FIRREA Violation 28 CFR 85.3(a)(7). 12,247,886........ 12,566,086
(continuing).
22 U.S.C. 2399b(a)(3)(A)........ Foreign Assistance 28 CFR 85.3(a)(8). 7,114............. 7,299
Act; Fraudulent
Claim for
Assistance (per
act).
31 U.S.C. 3729(a)............... False Claims Act; 28 CFR 85.3(a)(9). Min 13,946, Max Min 14,308, Max
\3\ Violations. 27,894. 28,619
31 U.S.C. 3802(a)(1)............ Program Fraud 28 CFR 71.3(a).... 13,946............ 14,308
Civil Remedies
Act; Violations
Involving False
Claim (per claim).
31 U.S.C. 3802(a)(2)............ Program Fraud 28 CFR 71.3(f).... 13,946............ 14,308
Civil Remedies
Act; Violation
Involving False
Statement (per
statement).
40 U.S.C. 123(a)(1)(A).......... Federal Property 28 CFR 85.3(a)(12) 7,114............. 7,299
and
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) 27,894............ 28,619
Violation
Involving
Kickbacks \4\
(per occurrence).
18 U.S.C. 2723(b)............... Driver's Privacy .................. 10,289............ 10,556
Protection Act of
1994; Prohibition
on Release and
Use of Certain
Personal
Information from
State Motor
Vehicle Records--
Substantial Non-
compliance (per
day).
18 U.S.C. 216(b)................ Ethics Reform Act 28 CFR 85.3(c).... 122,480........... 125,662
of 1989;
Penalties for
Conflict of
Interest Crimes
\5\ (per
violation).
41 U.S.C. 2105(b)(1)............ Office of Federal .................. 127,983........... 131,308
Procurement
Policy Act; \6\
Violation by an
individual (per
violation).
41 U.S.C. 2105(b)(2)............ Office of Federal .................. 1,279,819......... 1,313,069
Procurement
Policy Act; \6\
Violation by an
organization (per
violation).
42 U.S.C. 5157(d)............... Disaster Relief .................. 16,170............ 16,590
Act of 1974; \7\
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 28 CFR 20,516............ 21,049
to Clinic 85.3(b)(1)(i).
Entrances Act of
1994 (``FACE
Act'');
Nonviolent
physical
obstruction,
first violation.
18 U.S.C. 248(c)(2)(B)(ii)...... FACE Act; 28 CFR 30,868............ 31,670
Nonviolent 85.3(b)(1)(ii).
physical
obstruction,
subsequent
violation.
[[Page 29448]]
18 U.S.C. 248(c)(2)(B)(i)....... FACE Act; 28 CFR 30,868............ 31,670
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 51,449............ 52,786
Violation other 85.3(b)(2)(ii).
than a nonviolent
physical
violation).
42 U.S.C. 3614(d)(1)(C)(i)...... Fair Housing Act 28 CFR 127,983........... 131,308
of 1968; first 85.3(b)(3)(i).
violation.
42 U.S.C. 3614(d)(1)(C)(ii)..... Fair Housing Act 28 CFR 255,964........... 262,614
of 1968; 85.3(b)(3)(ii).
subsequent
violation.
42 U.S.C. 12188(b)(2)(C)(i)..... Americans With 28 CFR 115,231........... 118,225
Disabilities Act; 36.504(a)(3)(i).
Public
accommodations
for individuals
with
disabilities,
first violation.
42 U.S.C. 12188(b)(2)(C)(ii).... Americans With 28 CFR 230,464........... 236,451
Disabilities Act; 36.504(a)(3)(ii).
Public
accommodations
for individuals
with disabilities
subsequent
violation.
50 U.S.C. 4041(b)(3)............ Servicemembers 28 CFR 77,370............ 79,380
Civil Relief Act 85.3(b)(4)(i).
of 2003; first
violation.
50 U.S.C. 4041(b)(3)............ Servicemembers 28 CFR 154,741........... 158,761
Civil Relief Act 85.3(b)(4)(ii).
of 2003;
subsequent
violation.
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Criminal Division
----------------------------------------------------------------------------------------------------------------
18 U.S.C. 983(h)(1)............. Civil Asset .................. Min 442, Max 8,842 Min 453, Max 9,072
Forfeiture Reform
Act of 2000;
Penalty for
Frivolous
Assertion of
Claim.
18 U.S.C. 1956(b)............... Money Laundering .................. 27,894............ 28,619
Control Act of
1986; Violation
\8\.
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DEA
----------------------------------------------------------------------------------------------------------------
21 U.S.C. 844a(a)............... Anti-Drug Abuse 28 CFR 76.3(a).... 25,597............ 26,262
Act of 1988;
Possession of
small amounts of
controlled
substances (per
violation).
21 U.S.C. 961(1)................ Controlled 28 CFR 85.3(d).... 88,934............ 91,245
Substance Import
Export Act; Drug
abuse, import or
export.
21 U.S.C. 842(c)(1)(A).......... Controlled .................. 80,850............ 82,950
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 of .................. 18,759............ 19,246
842(a)(5), (10),
and (17)--
Prohibited acts
re: controlled
substances.
21 U.S.C. 842(c)(1)(B)(ii)...... SUPPORT for .................. 121,664........... 124,825
Patients and
Communities Act;
Violations of
842(b)(ii)--Failu
res re: opioids.
21 U.S.C. 842(c)(1)(C).......... CSA; Violation of .................. 647,907........... 664,740
825(e) by
importer,
exporter,
manufacturer, or
distributor--Fals
e labeling of
anabolic steroids
(per violation).
21 U.S.C. 842(c)(1)(D).......... CSA; Violation of .................. 1,296............. 1,330
825(e) at the
retail level--
False labeling of
anabolic steroids
(per violation).
21 U.S.C. 842(c)(2)(C).......... CSA; Violation of .................. 485,893........... 498,517
842(a)(11) by a
business--Distrib
ution of
laboratory supply
with reckless
disregard \9\.
21 U.S.C. 842(c)(2)(D).......... SUPPORT for .................. 608,319........... 624,123
Patients and
Communities Act;
Violations of
842(a)(5), (10)
and (17) by a
registered
manufacture or
distributor of
opioids. Failures
re: opioids.
21 U.S.C. 856(d)................ Illicit Drug Anti- .................. 448,047........... 459,687
Proliferation Act
of 2003;
Maintaining drug-
involved premises
\10\.
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Immigration-Related Penalties
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8 U.S.C. 1324a(e)(4)(A)(i)...... Immigration Reform 28 CFR Min 698, Max 5,579 Min 716, Max 5,724
and Control Act 68.52(c)(1)(i).
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 5,579, Max Min 5,724, Max
employment of 68.52(c)(1)(ii). 13,946. 14,308
aliens, second
order (per such
alien).
[[Page 29449]]
8 U.S.C. 1324a(e)(4)(A)(iii).... IRCA; Unlawful 28 CFR Min 8,369, Max Min 8,586, Max
employment of 68.52(c)(1)(iii). 27,894. 28,619
aliens,
subsequent order
(per such alien).
8 U.S.C. 1324a(e)(5)............ IRCA; Paperwork 28 CFR 68.52(c)(5) Min 281, Max 2,789 Min 288, Max 2,861
violation (per
relevant
individual).
8 U.S.C. 1324a (note)........... IRCA; Violation 28 CFR 68.52(c)(6) Min 973, Max 1,942 Min 998, Max 1,992
relating to
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 68.52(c)(7) 2,789............. 2,861
prohibition of
indemnity bonds
(per violation).
8 U.S.C. 1324b(g)(2)(B)(iv)(I).. IRCA; Unfair 28 CFR Min 575, Max 4,610 Min 590, Max 4,730
immigration- 68.52(d)(1)(viii).
related
employment
practices, first
order (per
individual
discriminated
against).
8 U.S.C. 1324b(g)(2)(B)(iv)(II). IRCA; Unfair 28 CFR Min 4,610, Max Min 4,730, Max
immigration- 68.52(d)(1)(ix). 11,524. 11,823
related
employment
practices, second
order (per
individual
discriminated
against).
8 U.S.C. 1324b(g)(2)(B)(iv)(III) IRCA; Unfair 28 CFR Min 6,913, Max Min 7,093, Max
immigration- 68.52(d)(1)(x). 23,048. 23,647
related
employment
practices,
subsequent order
(per individual
discriminated
against).
8 U.S.C. 1324b(g)(2)(B)(iv)(I V) IRCA; Unfair 28 CFR Min 230, Max 2,304 Min 236, Max 2,364
immigration- 68.52(d)(1)(xii).
related
employment
practices, unfair
documentary
practices (per
individual
discriminated
against).
8 U.S.C. 1324c(d)(3)(A)......... IRCA; Document 28 CFR Min 575, Max 4,610 Min 590, Max 4,730
fraud, first 68.52(e)(1)(i).
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 4,610, Max Min 4,730, Max
fraud, subsequent 68.52(e)(1)(iii). 11,524. 11,823
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 487, Max 3,887 Min 500, Max 3,988
fraud, first 68.52(e)(1)(ii).
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 3,887, Max Min 3,988, Max
fraud, subsequent 68.52(e)(1)(iv). 9,718. 9,970
order--for
violations
described in
U.S.C.
1324c(a)(5)-(6)
(per document).
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FBI
----------------------------------------------------------------------------------------------------------------
49 U.S.C. 30505(a).............. National Motor .................. 2,058............. 2,111
Vehicle Title
Identification
System; Violation
(per violation).
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Office of Justice Programs
----------------------------------------------------------------------------------------------------------------
34 U.S.C. 10231(d).............. Confidentiality of 28 CFR 20.25...... 35,574............ 36,498
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 February 12, 2024.
\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 29450]]
\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\ 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).
\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) (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).
\11\ The SUPPORT for Patients and Communities Act, Public Law 115-221 was enacted Oct. 24, 2018.
Dated: June 30, 2025.
Nicholas Schilling Jr.,
Supervisory Official, Office of Legal Policy.
[FR Doc. 2025-12494 Filed 7-2-25; 8:45 am]
BILLING CODE 4410-BB-P