[Federal Register Volume 91, Number 134 (Wednesday, July 15, 2026)]
[Notices]
[Pages 43405-43406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-14236]


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DEPARTMENT OF JUSTICE

[Docket No. OLP183]


Civil Monetary Penalties Inflation Adjustments for 2026

AGENCY: Department of Justice.

ACTION: Notice.

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SUMMARY: The Department of Justice (``the Department'' or ``DOJ'') is 
notifying the public that its civil monetary penalty amounts will not 
increase for the 2026 calendar year. DOJ is generally required by 
statute to amend its regulations annually to adjust for inflation the 
civil monetary penalties assessed or enforced by components of the 
Department. However, in accordance with guidance from the Office of 
Management and Budget (``OMB''), DOJ will continue to use the 2025 
civil monetary penalty levels because there will be no cost-of-living 
adjustment for 2026.

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 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 its 2025 final rule on July 
3, 2025 (90 FR 29445), to adjust the civil money penalties to account 
for inflation occurring since 2024.

II. No Adjustments for 2026

    According to Section 701 of the BBA, the annual inflation 
adjustment to civil penalties is based on Bureau of Labor Statistics 
(``BLS'') CPI-U data from the month of October of the prior year. Due 
to the October-November 2025 lapse in appropriations, BLS was unable to 
produce the October 2025 data. The statute does not allow for an 
alternative method of calculating civil penalty amounts. On April 17, 
2026, OMB Director Russell T. Vought issued OMB memorandum M-26-11,\1\ 
which informed agencies of the cancellation of the penalty inflation 
adjustment for 2026 based on the lack of October 2025 CPI-U data. OMB 
instructed agencies to continue using the 2025 civil monetary penalties 
as applicable.
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    \1\ See M-26-11, Cancellation of Penalty Inflation Adjustments 
for 2026, Regarding the Federal Civil Penalties Inflation Adjustment 
Act Improvements Act of 2015, https://www.whitehouse.gov/wp-content/uploads/2026/04/M-26-11-Cancellation-of-Penalty-Inflation-Adjustments-for-2026-Regarding-the-Federal-Civil-Penalties-Inflation-Adjustment-Act-Improvements-Act-of-2015.pdf.
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    Consistent with the guidance provided in M-26-11, the Department of 
Justice is not making any adjustments

[[Page 43406]]

to civil money penalties under the Inflation Adjustment Act in 2026.
    In 2027, the Department will undertake a thorough review of the 
civil penalties assessed or enforced by its components pursuant to the 
Inflation Adjustment Act and in accordance with guidance issued by the 
Office of Management and Budget.

    Dated: July 10, 2026.
Daniel E. Burrows,
Assistant Attorney General, Office of Legal Policy.
[FR Doc. 2026-14236 Filed 7-14-26; 8:45 am]
BILLING CODE 4410-BB-P