Civil Monetary Penalties Inflation Adjustment for 2017, 9131-9136 [2017-01306]
Download as PDF
<![CDATA[
Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Rules and Regulations
records fall within a request and
collecting them requires the time of
professional or managerial personnel,
and where the time required is
substantial, for each one quarter hour
spent in excess of the first quarter hour,
$10.00. No charge shall be made for the
time spent in resolving legal or policy
issues affecting access to records of
known contents.
(4) Other charges. When a response to
a request requires services or materials
other than those described in
paragraphs (c)(1) through (3) of this
section, the direct cost of such services
to the Foundation may be charged,
providing the requestor has been given
an estimate of such cost before it is
incurred.
§ 1502.8
Exemptions.
The categories of records maintained
by the Foundation which may be
exempted from disclosure are described
in 5 U.S.C. 552(b).
asabaliauskas on DSK3SPTVN1PROD with RULES
§ 1502.9
Processing of requests.
(a) Processing. A person who has
made a written request for records
which meets the requirements of
§ 1502.4 shall be informed by the Chief
FOIA Officer within 20 working days
after receipt of the request of the
Foundation’s decision whether to deny
or grant access to the records and the
right of the requestor to seek assistance
from the Foundation’s Chief Public
Liaison.
(b) Denials. If the Chief FOIA Officer,
with the concurrence of the General
Counsel, denies a request for records,
the requestor will be informed of the
name and title of the official responsible
for the denial, the reasons for it, and the
right to appeal the decision to the
President of the Foundation within 90
calendar days of receipt of the denial.
The President shall determine any
appeal within 20 days of receipt and
notify the requestor within the time
period of the decision. If the decision is
to uphold the denial, the requestor will
be informed of the reasons for the
decision, of the right to a judicial review
of the decision in the federal courts, and
of the dispute resolution services
offered by the FOIA Public Liaison of
the Foundation or the Office of
Government Information Services of the
National Archives and Records
Administration as a non-exclusive
alternative to litigation.
(c) Extension of time. In unusual
circumstances, as defined by the FOIA,
to the extent reasonably necessary to the
proper processing of requests, the time
required to respond to a FOIA request
or an appeal may be extended for an
additional 10 working days upon
VerDate Sep<11>2014
21:08 Feb 02, 2017
Jkt 241001
written notification to the requestor
providing the reasons for the extension.
If the extension goes beyond 10 working
days, USADF will notify the requestor
of services provided by the FOIA Public
Liaison and the Office of Government
Information Services.
(d) Expedited processing. USADF
shall process requests and appeals on an
expedited basis where the requestor
demonstrates a compelling need for the
records, as defined in 5 U.S.C.
552(a)(6)(E)(v). USADF shall make a
determination of whether to provide
expedited processing, and shall notify
the requestor of the determination,
within 10 calendar days after the receipt
of the request. USADF shall provide
expeditious consideration of
administrative appeals of
determinations of whether to provide
expedited processing.
(e) Confidential commercial
information. Whenever records
containing confidential commercial
information are requested under the
FOIA and USADF determines that it
may be required to disclose the records,
USADF shall promptly provide written
notice to the submitter of the
confidential commercial information, in
conformity with the procedures set forth
in Executive Order 12600, Predisclosure
Notification Procedures for Confidential
Commercial Information, 3 CFR, 1987
Comp., p. 235.
§ 1502.10
Judicial review.
On complaint, the district court of the
United States in the district in which
the complainant resides, or has his/her
principal place of business, or in which
the agency records are situated, or in the
District of Columbia, has jurisdiction to
enjoin the Foundation from withholding
Foundation records, and to order the
production of any agency records
improperly withheld from the
complainant (5 U.S.C. 552(a)(4)(B)).
[FR Doc. 2017–02239 Filed 2–2–17; 8:45 am]
BILLING CODE 6117–01–P
DEPARTMENT OF JUSTICE
28 CFR Part 85
[Docket No. OAG 156; AG Order No. 3823–
2017]
Civil Monetary Penalties Inflation
Adjustment for 2017
Department of Justice.
Final rule.
AGENCY:
ACTION:
The Department of Justice is
adjusting for inflation the civil monetary
penalties assessed or enforced by
components of the Department, in
SUMMARY:
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
9131
accordance with the provisions of the
Bipartisan Budget Act of 2015, for
penalties assessed after February 3,
2017, whose associated violations
occurred after November 2, 2015.
DATES: Effective date: This rule is
effective February 3, 2017.
Applicability date: The adjusted civil
penalty amounts are applicable only to
civil penalties assessed after February 3,
2017, whose associated violations
occurred after November 2, 2015.
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), titled the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (the ‘‘2015
Amendments’’), 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 2015 Amendments, on June 30, 2016
(81 FR 42491), the Department of Justice
published an interim rule (‘‘2016
interim rule’’) to adjust for inflation the
civil monetary penalties assessed by
components of the Department after
August 1, 2016, whose associated
violations occurred after November 2,
2015 (the so-called ‘‘catch-up’’
adjustments). See 28 CFR 85.5. Readers
may refer to the Supplementary
Information (also known as the
preamble) of the Department’s 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. After considering
the public comments submitted in
response to the 2016 interim rule, the
Department will finalize the 2016
interim rule.
II. Inflation Adjustments Made by This
Rule
The 2015 Amendments also provide
for agencies to adjust for inflation their
civil penalty amounts by January 15,
E:\FR\FM\03FER1.SGM
03FER1
asabaliauskas on DSK3SPTVN1PROD with RULES
9132
Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Rules and Regulations
2017, and not later than January 15 of
each year thereafter. Accordingly, the
Department is publishing this final rule
to adjust the civil penalty amounts that
were most recently adjusted as of
August 1, 2016.
This rule provides the current
inflation adjustments being made in
2017. This rule adjusts the civil penalty
amounts as established in the 2016
interim rule (which added 28 CFR 85.5),
rounded to the nearest dollar. This
means that the maximum civil monetary
penalty or the range of minimum and
maximum civil monetary penalties, as
applicable, for each civil monetary
penalty is increased by the cost-of-living
adjustment, which is the ‘‘percentage (if
any) for each civil monetary penalty by
which—(A) the Consumer Price Index
for the month of October preceding the
date of [this] adjustment, exceeds (B) the
Consumer Price Index for the month of
October 1 year before the month of
October referred to in subparagraph
(A).’’ Inflation Adjustment Act, as
amended, sec. 5(b)(1), 28 U.S.C. 2461
note.
As provided in the 2015
Amendments, the adjustments made by
this rule are based on the Bureau of
Labor Statistics’ Consumer Price Index
for October 2016.1 The inflation factor
used in calculating the adjustments was
provided to all federal agencies in the
OMB Memorandum for the Heads of
Executive Departments and Agencies
M–17–11 (December 16, 2016). https://
www.whitehouse.gov/sites/default/files/
omb/memoranda/2017/m-17-11_0.pdf
(last visited December 22, 2016). The
applicable inflation factor for this
adjustment is 1.01636.
An example of how the adjustment is
calculated using this inflation factor is
set forth below.
Example:
The Program Fraud Civil Remedies
Act penalty was increased to $10,781 in
2016, in accordance with the catch-up
adjustment requirement of the 2015
Amendments. This amount is then
multiplied by the inflation factor, as
shown below:
$10,781 × 1.01636 = $10,957.38
When rounded to the nearest dollar,
the new penalty is $10,957.
This rule adjusts for inflation the civil
monetary penalties assessed by
components of the Department of Justice
for purposes of the Inflation Adjustment
1 For inflation adjustments other than the ‘‘initial
adjustment’’ made in the 2016 rule, the adjustment
will be determined by the difference in the
Consumer Price Index between the October
preceding the date of the new adjustment and the
October the year before. See Public Law 114–74,
sec. 701(b)(2)(B) (amending section 5(b) of the
Inflation Adjustment Act).
VerDate Sep<11>2014
21:08 Feb 02, 2017
Jkt 241001
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
The adjusted civil penalty amounts
added by this rule are applicable only
to civil penalties assessed after February
3, 2017, whose associated violations
occurred after November 2, 2015, the
date of enactment of the 2015
Amendments.
The penalty amounts set forth in 28
CFR 85.5, as added by the June 30, 2016,
interim rule are applicable only to civil
penalties assessed after August 1, 2016,
and on or before February 3, 2017,
whose associated violations occurred
after November 2, 2015. For convenient
reference, this rule amends the table in
28 CFR 85.5 to include both the
adjusted penalty amounts as added by
the 2016 interim rule as well as the new
adjusted civil penalty amounts being
adopted in this final rule.
Violations occurring on or before
November 2, 2015, and assessments
made on or before August 1, 2016,
whose associated violations occurred
after November 2, 2015, will continue to
be subject to the civil monetary penalty
amounts set forth in the Department’s
regulations 28 CFR parts 20, 22, 36, 68,
71, 76 and 85 as such regulations
existed 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).
Statutory and Regulatory Analyses
Administrative Procedure Act
The Inflation Adjustment Act, as
amended by the 2015 Amendments,
provides that for the second adjustment
made after the date of enactment of the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015, and each adjustment thereafter,
the head of an agency shall adjust civil
monetary penalties and shall make the
adjustment notwithstanding 5 U.S.C.
553. See Public Law 114–74, sec.
701(b)(1)(D) (amending section 4(b)(2) of
the Inflation Adjustment Act).
Accordingly, this rule is being issued as
a final rule without prior notice and
public comment, and without a 30-day
delayed effective date.
Regulatory Flexibility Act
Only those entities that are
determined to have violated federal law
and regulations would be affected by the
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
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).
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 2015 Amendments by making an
across-the-board adjustment of the civil
penalty amounts to account for inflation
since the adoption of the 2016 interim
rule. The 2016 interim rule itself was
determined not to be a significant
regulatory action under Executive Order
12866.
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.
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.
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
E:\FR\FM\03FER1.SGM
03FER1
9133
Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Rules and Regulations
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.
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 $100
million or more; a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions; or significant
adverse effects on competition,
employment, investment, productivity,
innovation, or on the ability of United
States-based enterprises to compete
U.S.C. citation
§ 85.5 Adjustments to penalties for
violations occurring after November 2,
2015.
with foreign-based enterprises in
domestic and export markets.
List of Subjects in 28 CFR Part 85
Administrative practice and
procedure, Penalties.
Accordingly, for the reasons set forth
in the preamble, chapter I of title 28 of
the Code of Federal Regulations is
amended as follows:
PART 85—CIVIL MONETARY
PENALTIES INFLATION ADJUSTMENT
1. The authority citation for part 85
continues to read as follows:
■
Authority: 5 U.S.C. 301, 28 U.S.C. 503;
Pub. L. 101–410, 104 Stat. 890, as amended
by Pub. L. 104–134, 110 Stat. 1321; Pub. L.
114–74, section 701, 28 U.S.C. 2461 note.
2. Section 85.5 is revised to read as
follows:
■
For civil penalties assessed after
February 3, 2017, whose associated
violations occurred after November 2,
2015, the civil monetary penalties
provided by law within the jurisdiction
of the Department are adjusted as set
forth in the fifth column of the
following table. For civil penalties
assessed after August 1, 2016, and on or
before February 3, 2017, whose
associated violations occurred after
November 2, 2015, the civil monetary
penalties provided by law within the
jurisdiction of the Department are those
set forth in the fourth column of the
following table.
CFR citation
Name/description
DOJ penalty
assessed
after
8/1/2016
($) 1
DOJ penalty
assessed
after
2/3/2017
($) 2
...........................................
8,162 ...........
8,296.
...........................................
2,985 ...........
3,034.
28 CFR 85.3(a)(6) .............
1,893,610 ....
1,924,589.
28 CFR 85.3(a)(7) .............
28 CFR 85.3(a)(7) .............
28 CFR 85.3(a)(8) .............
1,893,610 ....
9,468,050 ....
5,500 ...........
1,924,589.
9,622,947.
5,590.
28 CFR 85.3(a)(9) .............
28 CFR 71.3(a) .................
Min. 10,781
Max. 21,563
10,781 .........
Min. 10,957.
Max. 21,916.
10,957.
28 CFR 71.3(f) ..................
10,781 .........
10,957.
28 CFR 85.3(a)(12) ...........
5,500 ...........
5,590.
28 CFR 85.3(a)(13) ...........
21,563 .........
21,916.
...........................................
7,954 ...........
8,084.
28 CFR 85.3(c) .................
94,681 .........
96,230.
...........................................
98,935 .........
100,554.
...........................................
989,345 .......
1,005,531.
...........................................
12,500 .........
12,705.
28 CFR 85.3(b)(1)(i) .........
15,909 .........
16,169.
28 CFR 85.3(b)(1)(ii) .........
23,863 .........
24,253.
ATF
18 U.S.C. 922(t)(5) ...........
18 U.S.C. 924(p) ...............
Brady Law—Nat’l Instant Criminal Check System;
Transfer of firearm without checking NICS.
Child Safety Lock Act; Secure gun storage or safety
device, violation.
Civil Division
12 U.S.C. 1833a(b)(1) ......
12 U.S.C. 1833a(b)(2) ......
12 U.S.C. 1833a(b)(2) ......
22 U.S.C. 2399b(a)(3)(A) ..
31 U.S.C. 3729(a) .............
31 U.S.C. 3802(a)(1) ........
31 U.S.C. 3802(a)(2) ........
40 U.S.C. 123(a)(1)(A) ......
41 U.S.C. 8706(a)(1)(B) ....
18 U.S.C. 2723(b) .............
18 U.S.C. 216(b) ...............
41 U.S.C. 2105(b)(1) ........
asabaliauskas on DSK3SPTVN1PROD with RULES
41 U.S.C. 2105(b)(2) ........
42 U.S.C. 5157(d) .............
Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) Violation.
FIRREA Violation (continuing) (per day) ......................
FIRREA Violation (continuing) ......................................
Foreign Assistance Act; Fraudulent Claim for Assistance (per act).
False Claims Act; 3 Violations ......................................
Program Fraud Civil Remedies Act; Violations Involving False Claim (per claim).
Program Fraud Civil Remedies Act; Violation Involving False Statement (per statement).
Federal Property and Administrative Services Act;
Violation Involving Surplus Government Property
(per act).
Anti-Kickback Act; Violation Involving Kickbacks 4 (per
occurrence).
Driver’s Privacy Protection Act of 1994; Prohibition on
Release and Use of Certain Personal Information
from State Motor Vehicle Records—Substantial
Non-compliance (per day).
Ethics Reform Act of 1989; Penalties for Conflict of
Interest Crimes 5 (per violation).
Office of Federal Procurement Policy Act; 6 Violation
by an individual (per violation).
Office of Federal Procurement Policy Act; 6 Violation
by an organization (per violation).
Disaster Relief Act of 1974; 7 Violation (per violation)
Civil Rights Division (excluding immigration-related penalties)
18 U.S.C. 248(c)(2)(B)(i) ...
18 U.S.C. 248(c)(2)(B)(ii) ..
VerDate Sep<11>2014
Freedom of Access to Clinic Entrances Act of 1994
(‘‘FACE Act’’); Nonviolent physical obstruction, first
violation.
FACE Act; Nonviolent physical obstruction, subsequent violation.
21:08 Feb 02, 2017
Jkt 241001
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
E:\FR\FM\03FER1.SGM
03FER1
9134
Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Rules and Regulations
U.S.C. citation
Name/description
CFR citation
DOJ penalty
assessed
after
8/1/2016
($) 1
18 U.S.C. 248(c)(2)(B)(i) ...
FACE Act; Violation other than a nonviolent physical
obstruction, first violation.
FACE Act; Violation other than a nonviolent physical
obstruction, subsequent violation.
Fair Housing Act of 1968; first violation .......................
Fair Housing Act of 1968; subsequent violation ..........
Americans With Disabilities Act; Public accommodations for individuals with disabilities, first violation.
Americans With Disabilities Act; Public accommodations for individuals with disabilities, subsequent
violation.
Servicemembers Civil Relief Act of 2003; first violation.
Servicemembers Civil Relief Act of 2003; subsequent
violation.
28 CFR 85.3(b)(2)(i) .........
23,863 .........
24,253.
28 CFR 85.3(b)(2)(ii) .........
39,772 .........
40,423.
28 CFR 85.3(b)(3)(i) .........
28 CFR 85.3(b)(3)(ii) .........
28 CFR 36.504(a)(3)(i) .....
98,935 .........
197,869 .......
89,078 .........
100,554.
201,106.
90,535.
28 CFR 36.504(a)(3)(ii) .....
178,156 .......
181,071.
28 CFR 85.3(b)(4)(i) .........
59,810 .........
60,788.
28 CFR 85.3(b)(4)(ii) .........
119,620 .......
121,577.
...........................................
...........................................
Min. 342 ......
Max. 6,834 ..
21,563 .........
Min. 348.
Max. 6,946.
21,916.
28 CFR 76.3(a) .................
19,787 .........
20,111.
28 CFR 85.3(d) .................
68,750 .........
69,875.
...........................................
62,500 .........
63,523.
...........................................
14,502 .........
14,739.
...........................................
500,855 .......
509,049.
...........................................
1,002 ...........
1,018.
...........................................
375,613 .......
381,758.
...........................................
321,403 .......
326,661.
28 CFR 68.52(c)(1)(i) ........
Min. 539 ......
Max. 4,313 ..
Min. 548.
Max. 4,384.
28 CFR 68.52(c)(1)(ii) .......
Min. 4,313 ...
Max. 10,781
Min. 6,469 ...
Max. 21,563
Min. 216 ......
Max. 2,156 ..
Min. 751 ......
Max. 1,502 ..
Min. 4,384.
Max. 10,957.
Min. 6,575.
Max. 21,916.
Min. 220.
Max. 2,191.
Min. 763.
Max. 1,527.
28 CFR 68.52(c)(7) ...........
2,156 ...........
2,191.
28 CFR 68.52(d)(1)(viii) ....
Min. 445 ......
Max. 3,563 ..
Min. 452.
Max. 3,621.
28 CFR 68.52(d)(1)(ix) ......
Min. 3,563 ...
Max. 8,908 ..
Min. 3,621.
Max. 9,054.
28 CFR 68.52(d)(1)(x) ......
Min. 5,345 ...
Max. 17,816
Min. 5,432.
Max 18,107.
18 U.S.C. 248(c)(2)(B)(ii) ..
42 U.S.C. 3614(d)(1)(C)(i)
42 U.S.C. 3614(d)(1)(C)(ii)
42 U.S.C. 12188(b)(2)(C)(i)
42 U.S.C.
12188(b)(2)(C)(ii).
50 U.S.C. App. 597(b)(3) ..
50 U.S.C. App. 597(b)(3) ..
DOJ penalty
assessed
after
2/3/2017
($) 2
Criminal Division
18 U.S.C. 983(h)(1) ..........
18 U.S.C. 1956(b) .............
Civil Asset Forfeiture Reform Act of 2000; Penalty for
Frivolous Assertion of Claim.
Money Laundering Control Act of 1986; Violation 8 .....
DEA
21 U.S.C. 844a(a) .............
21 U.S.C. 961(1) ...............
21 U.S.C. 842(c)(1)(A) ......
21 U.S.C. 842(c)(1)(B) ......
21 U.S.C. 842(c)(1)(C) ......
21 U.S.C. 842(c)(1)(D) ......
21 U.S.C. 842(c)(2)(C) ......
21 U.S.C. 856(d) ...............
Anti-Drug Abuse Act of 1988; Possession of small
amounts of controlled substances (per violation).
Controlled Substance Import Export Act; Drug abuse,
import or export.
Controlled Substances Act (‘‘CSA’’); Violations of
842(a)—other than (5), (10) and (16)—Prohibited
acts re: Controlled substances (per violation).
CSA; Violations of 842(a)(5) and (10)—Prohibited
acts re: Controlled substances.
CSA; Violation of 825(e) by importer, exporter, manufacturer, or distributor—False labeling of anabolic
steroids (per violation).
CSA; Violation of 825(e) at the retail level—False labeling of anabolic steroids (per violation).
CSA; Violation of 842(a)(11) by a business—Distribution of laboratory supply with reckless disregard 9.
Illicit Drug Anti-Proliferation Act of 2003; Maintaining
drug-involved premises 10.
Immigration-Related Penalties
8 U.S.C. 1324a(e)(4)(A)(i)
8 U.S.C. 1324a(e)(4)(A)(ii)
8 U.S.C. 1324a(e)(4)(A)(iii)
8 U.S.C. 1324a(e)(5) ........
8 U.S.C. 1324a (note) .......
asabaliauskas on DSK3SPTVN1PROD with RULES
8 U.S.C. 1324a(g)(2) ........
8 U.S.C.
1324b(g)(2)(B)(iv)(I).
8 U.S.C.
1324b(g)(2)(B)(iv)(II).
8 U.S.C.
1324b(g)(2)(B)(iv)(III).
VerDate Sep<11>2014
Immigration Reform and Control Act of 1986
(‘‘IRCA’’); Unlawful employment of aliens, first order
(per unauthorized alien).
IRCA; Unlawful employment of aliens, second order
(per such alien).
IRCA; Unlawful employment of aliens, subsequent
order (per such alien).
IRCA; Paperwork violation (per relevant individual) ....
IRCA; Violation relating to participating employer’s
failure to notify of final nonconfirmation of employee’s employment eligibility (per relevant individual).
IRCA; Violation/prohibition of indemnity bonds (per
violation).
IRCA; Unfair immigration-related employment practices, first order (per individual discriminated
against).
IRCA; Unfair immigration-related employment practices, second order (per individual discriminated
against).
IRCA; Unfair immigration-related employment practices, subsequent order (per individual discriminated against).
21:08 Feb 02, 2017
Jkt 241001
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
28 CFR 68.52(c)(1)(iii) ......
28 CFR 68.52(c)(5) ...........
28 CFR 68.52(c)(6) ...........
E:\FR\FM\03FER1.SGM
03FER1
9135
Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Rules and Regulations
U.S.C. citation
8 U.S.C.
1324b(g)(2)(B)(iv)(IV).
8 U.S.C. 1324c(d)(3)(A) ....
8 U.S.C. 1324c(d)(3)(B) ....
8 U.S.C. 1324c(d)(3)(A) ....
8 U.S.C. 1324c(d)(3)(B) ....
DOJ penalty
assessed
after
8/1/2016
($) 1
DOJ penalty
assessed
after
2/3/2017
($) 2
Name/description
CFR citation
IRCA; Unfair immigration-related employment practices, document abuse (per individual discriminated
against).
IRCA; Document fraud, first order—for violations described in U.S.C. 1324c(a)(1)–(4) (per document).
IRCA; Document fraud, subsequent order—for violations described in U.S.C. 1324c(a)(1)–(4) (per document).
IRCA; Document fraud, first order—for violations described in U.S.C. 1324c(a)(5)–(6) (per document).
IRCA; Document fraud, subsequent order—for violations described in U.S.C. 1324c(a)(5)–(6) (per document).
28 CFR 68.52(d)(1)(xii) .....
Min. 178 ......
Max. 1,782 ..
Min. 181.
Max. 1,811.
28 CFR 68.52(e)(1)(i) .......
Min. 445 ......
Max. 3,563 ..
Min. 3,563 ...
Max. 8,908 ..
Min. 452.
Max. 3,621.
Min. 3,621.
Max. 9,054.
Min. 376 ......
Max. 3,005 ..
Min. 3,005 ...
Max. 7,512 ..
Min. 382.
Max. 3,054.
Min. 3,054.
Max. 7,635.
1,591 ...........
1,617.
27,500 .........
27,950.
28 CFR 68.52(e)(1)(iii) ......
28 CFR 68.52(e)(1)(ii) .......
28 CFR 68.52(e)(1)(iv) ......
FBI
49 U.S.C. 30505(a) ...........
National Motor Vehicle Title Identification System;
Violation (per violation).
...........................................
Office of Justice Programs
asabaliauskas on DSK3SPTVN1PROD with RULES
42 U.S.C. 3789g(d) ...........
Confidentiality of information; State and Local Criminal History Record Information Systems—Right to
Privacy Violation.
28 CFR 20.25 ...................
1 The figures set forth in the fourth column represent the civil penalty amounts as last adjusted by the Department of Justice, effective August
1, 2016.
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).
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).
VerDate Sep<11>2014
21:08 Feb 02, 2017
Jkt 241001
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
E:\FR\FM\03FER1.SGM
03FER1
9136
Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Rules and Regulations
Dated: January 13, 2017.
Loretta E. Lynch,
Attorney General.
[FR Doc. 2017–01306 Filed 2–2–17; 8:45 am]
BILLING CODE 4410–19–P
DEPARTMENT OF THE INTERIOR
Bureau of Safety and Environmental
Enforcement
30 CFR Part 250
[Docket ID: BSEE–2017–0001; 17XE1700DX
EX1SF0000.DAQ000 EEEE50000]
RIN 1014–AA34
Civil Penalty Inflation Adjustment
Bureau of Safety and
Environmental Enforcement, Interior.
ACTION: Final rule.
AGENCY:
This final rule adjusts the
level of the maximum civil monetary
penalty contained in the Bureau of
Safety and Environmental Enforcement
(BSEE) regulations pursuant to the
Outer Continental Shelf Lands Act
(OCSLA), the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015, and Office of Management
and Budget (OMB) guidance. The civil
penalty inflation adjustment using a
1.01636 multiplier accounts for one year
of inflation spanning from October 2015
to October 2016.
DATES: This rule is effective on February
3, 2017.
FOR FURTHER INFORMATION CONTACT:
Robert Fisher, Acting Chief Safety and
Enforcement Division, Bureau of Safety
and Environmental Enforcement, (202)
208–3955 or by email: regs@bsee.gov.
SUPPLEMENTARY INFORMATION:
asabaliauskas on DSK3SPTVN1PROD with RULES
SUMMARY:
I. Background and Legal Authority
II. Calculation of Adjustments
III. Procedural Requirements
A. Regulatory Planning and Review (E.O.
12866 and 13563)
B. Regulatory Flexibility Act
C. Small Business Regulatory Enforcement
Fairness Act
D. Unfunded Mandates Reform Act
E. Takings (E.O. 12630)
F. Federalism (E.O. 13132)
G. Civil Justice Reform (E.O. 12988)
H. Consultation with Indian Tribes (E.O.
13175 and Departmental Policy)
I. Paperwork Reduction Act
J. National Environmental Policy Act
K. Effects on the Energy Supply (E.O.
13211)
I. Background and Legal Authority
The OCSLA, at 43 U.S.C. 1350(b)(1),
directs the Secretary of the Interior to
VerDate Sep<11>2014
21:08 Feb 02, 2017
Jkt 241001
adjust the OCSLA maximum civil
penalty amount at least once every three
years to reflect any increase in the
Consumer Price Index to account for
inflation. On November 2, 2015, the
President signed into law the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (Sec. 701 of
Pub. L. 114–74) (FCPIA of 2015). The
FCPIA of 2015 requires Federal agencies
to adjust the level of civil monetary
penalties with an initial ‘‘catch-up’’
adjustment through rulemaking, if
warranted, and then to make subsequent
annual adjustments for inflation.
Agencies are required to publish the
annual inflation adjustments in the
Federal Register by no later than
January 15, 2017, and by no later than
January 15 each subsequent year. The
purpose of these adjustments is to
maintain the deterrent effect of civil
penalties and to further the policy goals
of the underlying statutes.
BSEE last updated civil penalty
amounts in BSEE regulations through
RIN 1014–AA30 [81 FR 41801] effective
July 28, 2016. Consistent with OMB
guidance, BSEE’s interim final rule (IFR)
implemented the catch-up adjustments
required by the FCPIA of 2015, through
October 2015. No public comments
were received on the IFR, and BSEE
published the final rule on November
17, 2016 [81 FR 80994].
The OMB Memorandum M–17–11
(Implementation of the 2017 annual
adjustment pursuant to the FCPIA of
2015; https://www.whitehouse.gov/sites/
default/files/omb/memoranda/2017/m17-11_0.pdf) explains agency
responsibilities for: Identifying
applicable penalties and performing the
annual adjustment; publishing in the
Federal Register; finalizing 2016
interim final rules; applying adjusted
penalty levels; and performing agency
oversight of inflation adjustments.
BSEE is promulgating this 2017
inflation adjustment for civil penalties
as a final rule pursuant to the provisions
of the FCPIA of 2015 and OMB
guidance. A proposed rule is not
required because the FCPIA of 2015
states that agencies shall adjust civil
monetary penalties ‘‘notwithstanding
Section 553 of the Administrative
Procedure Act.’’ (FCPIA of 2015 at
§ 4(b)(2)). Accordingly, Congress
expressly exempted the annual inflation
adjustments implemented pursuant to
the FCPIA of 2015 from the prepromulgation notice and comment
requirements of the Administrative
Procedure Act (APA), allowing them to
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
be published as a final rule. This
interpretation of the statute is confirmed
by OMB Memorandum M–17–11. (OMB
Memorandum M–17–11 at 3 (‘‘This
means that the public procedure the
APA generally requires—notice, an
opportunity for comment, and a delay in
effective date—is not required for
agencies to issue regulations
implementing the annual
adjustment.’’)).
II. Calculation of Adjustments
Under the FCPIA of 2015 and the
guidance provided in OMB
Memorandum M–17–11, BSEE has
identified the applicable civil monetary
penalty and calculated the necessary
inflation adjustment. The previous
OCSLA civil penalty inflation
adjustment accounted for inflation
through October 2015. The required
annual civil penalty inflation
adjustment promulgated through this
rule accounts for inflation through
October 2016.
Annual inflation adjustments are
based on the percent change between
the Consumer Price Index for all Urban
Consumers (CPI–U) for the October
preceding the date of the adjustment,
and the prior year’s October CPI–U.
Consistent with the guidance in OMB
Memorandum M–17–11, BSEE divided
the October 2016 CPI–U by the October
2015 CPI–U to calculate the multiplying
factor. In this case, October 2016 CPI–
U (241.729)/October 2015 CPI–U
(237.838) = 1.01636.
For 2017, OCSLA and the FCPIA of
2015 require that BSEE adjust the
OCSLA maximum civil penalty amount.
To accomplish this, BSEE multiplied
the existing OCSLA maximum civil
penalty amount ($42,017) by the
multiplying factor ($42,017 × 1.01636 =
$42,704.40). The FCPIA of 2015 requires
that the OCSLA maximum civil penalty
amount be rounded to the nearest $1.00
at the end of the calculation process.
Accordingly, the adjusted OCSLA
maximum civil penalty is $42,704.
Pursuant to the FCPIA of 2015, the
increase in the OCSLA maximum civil
penalty amount applies to civil
penalties assessed after the date the
increase takes effect, even when the
associated violation(s) predates such
increase. Consistent with the provisions
of OCSLA and the FCPIA of 2015, this
rule adjusts the following maximum
civil monetary penalty per day per
violation:
E:\FR\FM\03FER1.SGM
03FER1
]]>Agencies
[Federal Register Volume 82, Number 22 (Friday, February 3, 2017)]
[Rules and Regulations]
[Pages 9131-9136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01306]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
28 CFR Part 85
[Docket No. OAG 156; AG Order No. 3823-2017]
Civil Monetary Penalties Inflation Adjustment for 2017
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 February 3, 2017, whose
associated violations occurred after November 2, 2015.
DATES: Effective date: This rule is effective February 3, 2017.
Applicability date: The adjusted civil penalty amounts are
applicable only to civil penalties assessed after February 3, 2017,
whose associated violations occurred after November 2, 2015.
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), titled the Federal Civil Penalties Inflation Adjustment
Act Improvements Act of 2015 (the ``2015 Amendments''), 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 2015 Amendments, on June
30, 2016 (81 FR 42491), the Department of Justice published an interim
rule (``2016 interim rule'') to adjust for inflation the civil monetary
penalties assessed by components of the Department after August 1,
2016, whose associated violations occurred after November 2, 2015 (the
so-called ``catch-up'' adjustments). See 28 CFR 85.5. Readers may refer
to the Supplementary Information (also known as the preamble) of the
Department's 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. After considering the public
comments submitted in response to the 2016 interim rule, the Department
will finalize the 2016 interim rule.
II. Inflation Adjustments Made by This Rule
The 2015 Amendments also provide for agencies to adjust for
inflation their civil penalty amounts by January 15,
[[Page 9132]]
2017, and not later than January 15 of each year thereafter.
Accordingly, the Department is publishing this final rule to adjust the
civil penalty amounts that were most recently adjusted as of August 1,
2016.
This rule provides the current inflation adjustments being made in
2017. This rule adjusts the civil penalty amounts as established in the
2016 interim rule (which added 28 CFR 85.5), rounded to the nearest
dollar. This means that the maximum civil monetary penalty or the range
of minimum and maximum civil monetary penalties, as applicable, for
each civil monetary penalty is increased by the cost-of-living
adjustment, which is the ``percentage (if any) for each civil monetary
penalty by which--(A) the Consumer Price Index for the month of October
preceding the date of [this] adjustment, exceeds (B) the Consumer Price
Index for the month of October 1 year before the month of October
referred to in subparagraph (A).'' Inflation Adjustment Act, as
amended, sec. 5(b)(1), 28 U.S.C. 2461 note.
As provided in the 2015 Amendments, the adjustments made by this
rule are based on the Bureau of Labor Statistics' Consumer Price Index
for October 2016.\1\ The inflation factor used in calculating the
adjustments was provided to all federal agencies in the OMB Memorandum
for the Heads of Executive Departments and Agencies M-17-11 (December
16, 2016). https://www.whitehouse.gov/sites/default/files/omb/memoranda/2017/m-17-11_0.pdf (last visited December 22, 2016). The
applicable inflation factor for this adjustment is 1.01636.
---------------------------------------------------------------------------
\1\ For inflation adjustments other than the ``initial
adjustment'' made in the 2016 rule, the adjustment will be
determined by the difference in the Consumer Price Index between the
October preceding the date of the new adjustment and the October the
year before. See Public Law 114-74, sec. 701(b)(2)(B) (amending
section 5(b) of the Inflation Adjustment Act).
---------------------------------------------------------------------------
An example of how the adjustment is calculated using this inflation
factor is set forth below.
Example:
The Program Fraud Civil Remedies Act penalty was increased to
$10,781 in 2016, in accordance with the catch-up adjustment requirement
of the 2015 Amendments. This amount is then multiplied by the inflation
factor, as shown below:
$10,781 x 1.01636 = $10,957.38
When rounded to the nearest dollar, the new penalty is $10,957.
This rule adjusts for inflation the civil monetary penalties
assessed by components 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
The adjusted civil penalty amounts added by this rule are
applicable only to civil penalties assessed after February 3, 2017,
whose associated violations occurred after November 2, 2015, the date
of enactment of the 2015 Amendments.
The penalty amounts set forth in 28 CFR 85.5, as added by the June
30, 2016, interim rule are applicable only to civil penalties assessed
after August 1, 2016, and on or before February 3, 2017, whose
associated violations occurred after November 2, 2015. For convenient
reference, this rule amends the table in 28 CFR 85.5 to include both
the adjusted penalty amounts as added by the 2016 interim rule as well
as the new adjusted civil penalty amounts being adopted in this final
rule.
Violations occurring on or before November 2, 2015, and assessments
made on or before August 1, 2016, whose associated violations occurred
after November 2, 2015, will continue to be subject to the civil
monetary penalty amounts set forth in the Department's regulations 28
CFR parts 20, 22, 36, 68, 71, 76 and 85 as such regulations existed
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).
Statutory and Regulatory Analyses
Administrative Procedure Act
The Inflation Adjustment Act, as amended by the 2015 Amendments,
provides that for the second adjustment made after the date of
enactment of the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015, and each adjustment thereafter, the head of
an agency shall adjust civil monetary penalties and shall make the
adjustment notwithstanding 5 U.S.C. 553. See Public Law 114-74, sec.
701(b)(1)(D) (amending section 4(b)(2) of the Inflation Adjustment
Act). Accordingly, this rule is being issued as a final rule without
prior notice and public comment, and without a 30-day delayed effective
date.
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).
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 2015 Amendments by making an across-the-board
adjustment of the civil penalty amounts to account for inflation since
the adoption of the 2016 interim rule. The 2016 interim rule itself was
determined not to be a significant regulatory action under Executive
Order 12866.
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.
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.
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
[[Page 9133]]
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.
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 $100 million or more; a major increase in costs or prices
for consumers, individual industries, Federal, State, or local
government agencies, or geographic regions; or significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and export markets.
List of Subjects in 28 CFR Part 85
Administrative practice and procedure, Penalties.
Accordingly, for the reasons set forth in the preamble, chapter I
of title 28 of the Code of Federal Regulations is amended as follows:
PART 85--CIVIL MONETARY PENALTIES INFLATION ADJUSTMENT
0
1. The authority citation for part 85 continues to read as follows:
Authority: 5 U.S.C. 301, 28 U.S.C. 503; Pub. L. 101-410, 104
Stat. 890, as amended by Pub. L. 104-134, 110 Stat. 1321; Pub. L.
114-74, section 701, 28 U.S.C. 2461 note.
0
2. Section 85.5 is revised to read as follows:
Sec. 85.5 Adjustments to penalties for violations occurring after
November 2, 2015.
For civil penalties assessed after February 3, 2017, whose
associated violations occurred after November 2, 2015, the civil
monetary penalties provided by law within the jurisdiction of the
Department are adjusted as set forth in the fifth column of the
following table. For civil penalties assessed after August 1, 2016, and
on or before February 3, 2017, whose associated violations occurred
after November 2, 2015, the civil monetary penalties provided by law
within the jurisdiction of the Department are those set forth in the
fourth column of the following table.
----------------------------------------------------------------------------------------------------------------
DOJ penalty DOJ penalty
U.S.C. citation Name/description CFR citation assessed after 8/ assessed after 2/
1/2016 ($) \1\ 3/2017 ($) \2\
----------------------------------------------------------------------------------------------------------------
ATF
----------------------------------------------------------------------------------------------------------------
18 U.S.C. 922(t)(5)............ Brady Law--Nat'l ................. 8,162............ 8,296.
Instant Criminal
Check System;
Transfer of firearm
without checking NICS.
18 U.S.C. 924(p)............... Child Safety Lock Act; ................. 2,985............ 3,034.
Secure gun storage or
safety device,
violation.
----------------------------------------------------------------------------------------------------------------
Civil Division
----------------------------------------------------------------------------------------------------------------
12 U.S.C. 1833a(b)(1).......... Financial Institutions 28 CFR 85.3(a)(6) 1,893,610........ 1,924,589.
Reform, Recovery, and
Enforcement Act
(FIRREA) Violation.
12 U.S.C. 1833a(b)(2).......... FIRREA Violation 28 CFR 85.3(a)(7) 1,893,610........ 1,924,589.
(continuing) (per
day).
12 U.S.C. 1833a(b)(2).......... FIRREA Violation 28 CFR 85.3(a)(7) 9,468,050........ 9,622,947.
(continuing).
22 U.S.C. 2399b(a)(3)(A)....... Foreign Assistance 28 CFR 85.3(a)(8) 5,500............ 5,590.
Act; Fraudulent Claim
for Assistance (per
act).
31 U.S.C. 3729(a).............. False Claims Act; \3\ 28 CFR 85.3(a)(9) Min. 10,781...... Min. 10,957.
Violations. Max. 21,563...... Max. 21,916.
31 U.S.C. 3802(a)(1)........... Program Fraud Civil 28 CFR 71.3(a)... 10,781........... 10,957.
Remedies Act;
Violations Involving
False Claim (per
claim).
31 U.S.C. 3802(a)(2)........... Program Fraud Civil 28 CFR 71.3(f)... 10,781........... 10,957.
Remedies Act;
Violation Involving
False Statement (per
statement).
40 U.S.C. 123(a)(1)(A)......... Federal Property and 28 CFR 5,500............ 5,590.
Administrative 85.3(a)(12).
Services Act;
Violation Involving
Surplus Government
Property (per act).
41 U.S.C. 8706(a)(1)(B)........ Anti-Kickback Act; 28 CFR 21,563........... 21,916.
Violation Involving 85.3(a)(13).
Kickbacks \4\ (per
occurrence).
18 U.S.C. 2723(b).............. Driver's Privacy ................. 7,954............ 8,084.
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 of 28 CFR 85.3(c)... 94,681........... 96,230.
1989; Penalties for
Conflict of Interest
Crimes \5\ (per
violation).
41 U.S.C. 2105(b)(1)........... Office of Federal ................. 98,935........... 100,554.
Procurement Policy
Act; \6\ Violation by
an individual (per
violation).
41 U.S.C. 2105(b)(2)........... Office of Federal ................. 989,345.......... 1,005,531.
Procurement Policy
Act; \6\ Violation by
an organization (per
violation).
42 U.S.C. 5157(d).............. Disaster Relief Act of ................. 12,500........... 12,705.
1974; \7\ Violation
(per violation).
----------------------------------------------------------------------------------------------------------------
Civil Rights Division (excluding immigration-related penalties)
----------------------------------------------------------------------------------------------------------------
18 U.S.C. 248(c)(2)(B)(i)...... Freedom of Access to 28 CFR 15,909........... 16,169.
Clinic Entrances Act 85.3(b)(1)(i).
of 1994 (``FACE
Act''); Nonviolent
physical obstruction,
first violation.
18 U.S.C. 248(c)(2)(B)(ii)..... FACE Act; Nonviolent 28 CFR 23,863........... 24,253.
physical obstruction, 85.3(b)(1)(ii).
subsequent violation.
[[Page 9134]]
18 U.S.C. 248(c)(2)(B)(i)...... FACE Act; Violation 28 CFR 23,863........... 24,253.
other than a 85.3(b)(2)(i).
nonviolent physical
obstruction, first
violation.
18 U.S.C. 248(c)(2)(B)(ii)..... FACE Act; Violation 28 CFR 39,772........... 40,423.
other than a 85.3(b)(2)(ii).
nonviolent physical
obstruction,
subsequent violation.
42 U.S.C. 3614(d)(1)(C)(i)..... Fair Housing Act of 28 CFR 98,935........... 100,554.
1968; first violation. 85.3(b)(3)(i).
42 U.S.C. 3614(d)(1)(C)(ii).... Fair Housing Act of 28 CFR 197,869.......... 201,106.
1968; subsequent 85.3(b)(3)(ii).
violation.
42 U.S.C. 12188(b)(2)(C)(i).... Americans With 28 CFR 89,078........... 90,535.
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 178,156.......... 181,071.
Disabilities Act; 36.504(a)(3)(ii).
Public accommodations
for individuals with
disabilities,
subsequent violation.
50 U.S.C. App. 597(b)(3)....... Servicemembers Civil 28 CFR 59,810........... 60,788.
Relief Act of 2003; 85.3(b)(4)(i).
first violation.
50 U.S.C. App. 597(b)(3)....... Servicemembers Civil 28 CFR 119,620.......... 121,577.
Relief Act of 2003; 85.3(b)(4)(ii).
subsequent violation.
----------------------------------------------------------------------------------------------------------------
Criminal Division
----------------------------------------------------------------------------------------------------------------
18 U.S.C. 983(h)(1)............ Civil Asset Forfeiture ................. Min. 342......... Min. 348.
Reform Act of 2000; Max. 6,834....... Max. 6,946.
Penalty for Frivolous
Assertion of Claim.
18 U.S.C. 1956(b).............. Money Laundering ................. 21,563........... 21,916.
Control Act of 1986;
Violation \8\.
----------------------------------------------------------------------------------------------------------------
DEA
----------------------------------------------------------------------------------------------------------------
21 U.S.C. 844a(a).............. Anti-Drug Abuse Act of 28 CFR 76.3(a)... 19,787........... 20,111.
1988; Possession of
small amounts of
controlled substances
(per violation).
21 U.S.C. 961(1)............... Controlled Substance 28 CFR 85.3(d)... 68,750........... 69,875.
Import Export Act;
Drug abuse, import or
export.
21 U.S.C. 842(c)(1)(A)......... Controlled Substances ................. 62,500........... 63,523.
Act (``CSA'');
Violations of 842(a)--
other than (5), (10)
and (16)--Prohibited
acts re: Controlled
substances (per
violation).
21 U.S.C. 842(c)(1)(B)......... CSA; Violations of ................. 14,502........... 14,739.
842(a)(5) and (10)--
Prohibited acts re:
Controlled substances.
21 U.S.C. 842(c)(1)(C)......... CSA; Violation of ................. 500,855.......... 509,049.
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 of ................. 1,002............ 1,018.
825(e) at the retail
level--False labeling
of anabolic steroids
(per violation).
21 U.S.C. 842(c)(2)(C)......... CSA; Violation of ................. 375,613.......... 381,758.
842(a)(11) by a
business--Distributio
n of laboratory
supply with reckless
disregard \9\.
21 U.S.C. 856(d)............... Illicit Drug Anti- ................. 321,403.......... 326,661.
Proliferation Act of
2003; Maintaining
drug-involved
premises \10\.
----------------------------------------------------------------------------------------------------------------
Immigration-Related Penalties
----------------------------------------------------------------------------------------------------------------
8 U.S.C. 1324a(e)(4)(A)(i)..... Immigration Reform and 28 CFR Min. 539......... Min. 548.
Control Act of 1986 68.52(c)(1)(i). Max. 4,313....... Max. 4,384.
(``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....... Min. 4,384.
employment of aliens, 68.52(c)(1)(ii). Max. 10,781...... Max. 10,957.
second order (per
such alien).
8 U.S.C. 1324a(e)(4)(A)(iii)... IRCA; Unlawful 28 CFR Min. 6,469....... Min. 6,575.
employment of aliens, 68.52(c)(1)(iii). Max. 21,563...... Max. 21,916.
subsequent order (per
such alien).
8 U.S.C. 1324a(e)(5)........... IRCA; Paperwork 28 CFR Min. 216......... Min. 220.
violation (per 68.52(c)(5). Max. 2,156....... Max. 2,191.
relevant individual).
8 U.S.C. 1324a (note).......... IRCA; Violation 28 CFR Min. 751......... Min. 763.
relating to 68.52(c)(6). Max. 1,502....... Max. 1,527.
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.
prohibition of 68.52(c)(7).
indemnity bonds (per
violation).
8 U.S.C. 1324b(g)(2)(B)(iv)(I). IRCA; Unfair 28 CFR Min. 445......... Min. 452.
immigration-related 68.52(d)(1)(viii Max. 3,563....... Max. 3,621.
employment practices, ).
first order (per
individual
discriminated
against).
8 U.S.C. 1324b(g)(2)(B)(iv)(II) IRCA; Unfair 28 CFR Min. 3,563....... Min. 3,621.
immigration-related 68.52(d)(1)(ix). Max. 8,908....... Max. 9,054.
employment practices,
second order (per
individual
discriminated
against).
8 U.S.C. IRCA; Unfair 28 CFR Min. 5,345....... Min. 5,432.
1324b(g)(2)(B)(iv)(III). immigration-related 68.52(d)(1)(x). Max. 17,816...... Max 18,107.
employment practices,
subsequent order (per
individual
discriminated
against).
[[Page 9135]]
8 U.S.C. 1324b(g)(2)(B)(iv)(IV) IRCA; Unfair 28 CFR Min. 178......... Min. 181.
immigration-related 68.52(d)(1)(xii). Max. 1,782....... Max. 1,811.
employment practices,
document abuse (per
individual
discriminated
against).
8 U.S.C. 1324c(d)(3)(A)........ IRCA; Document fraud, 28 CFR Min. 445......... Min. 452.
first order--for 68.52(e)(1)(i). Max. 3,563....... Max. 3,621.
violations 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. 3,563....... Min. 3,621.
subsequent order--for 68.52(e)(1)(iii). Max. 8,908....... Max. 9,054.
violations described
in U.S.C. 1324c(a)(1)-
(4) (per document).
8 U.S.C. 1324c(d)(3)(A)........ IRCA; Document fraud, 28 CFR Min. 376......... Min. 382.
first order--for 68.52(e)(1)(ii). Max. 3,005....... Max. 3,054.
violations described
in U.S.C. 1324c(a)(5)-
(6) (per document).
8 U.S.C. 1324c(d)(3)(B)........ IRCA; Document fraud, 28 CFR Min. 3,005....... Min. 3,054.
subsequent order--for 68.52(e)(1)(iv). Max. 7,512....... Max. 7,635.
violations described
in U.S.C. 1324c(a)(5)-
(6) (per document).
----------------------------------------------------------------------------------------------------------------
FBI
----------------------------------------------------------------------------------------------------------------
49 U.S.C. 30505(a)............. National Motor Vehicle ................. 1,591............ 1,617.
Title Identification
System; Violation
(per violation).
----------------------------------------------------------------------------------------------------------------
Office of Justice Programs
----------------------------------------------------------------------------------------------------------------
42 U.S.C. 3789g(d)............. Confidentiality of 28 CFR 20.25..... 27,500........... 27,950.
information; State
and Local Criminal
History Record
Information Systems--
Right to Privacy
Violation.
----------------------------------------------------------------------------------------------------------------
\1\ The figures set forth in the fourth column represent the civil penalty amounts as last adjusted by the
Department of Justice, effective August 1, 2016.
\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).
\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).
[[Page 9136]]
Dated: January 13, 2017.
Loretta E. Lynch,
Attorney General.
[FR Doc. 2017-01306 Filed 2-2-17; 8:45 am]
BILLING CODE 4410-19-P
