Civil Monetary Penalties Inflation Adjustment for 2017, 9131-9136 [2017-01306]

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[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]


=======================================================================
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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