Civil Monetary Penalties Inflation Adjustment, 3944-3948 [2018-01464]
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Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 / Rules and Regulations
(h) Additional Information
Appendix B of Sikorsky S–330 Model 269D
Helicopter Basic Handbook of Maintenance
Instructions, No. CSP–D–2, dated February 1,
1993, and revised October 15, 2014;
Appendix B of Sikorsky S–330 Model 269D
Config. ‘‘A’’ Helicopter Basic Handbook of
Maintenance Instructions, No. CSP–D–9,
dated July 20, 2001, and revised October 15,
2014; and Sikorsky 269D Helicopter Alert
Service Bulletin DB–052, Basic Issue, dated
January 16, 2014, which are not incorporated
by reference, contain additional information
about the subject of this AD. For service
information identified in this AD, contact
Sikorsky Aircraft Corporation, Customer
Service Engineering, 124 Quarry Road,
Trumbull, CT 06611; telephone 1–800–
Winged–S or 203–416–4299; email wcs_cust_
service_eng.gr-sik@lmco.com. You may
review a copy of the service information at
the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy,
Room 6N–321, Fort Worth, TX 76177.
(i) Subject
Joint Aircraft Service Component (JASC)
Code: 6310, Engine/Transmission Coupling.
Issued in Fort Worth, Texas, on January 17,
2018.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2018–01572 Filed 1–26–18; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF JUSTICE
28 CFR Part 85
[Docket No. OAG 159; AG Order No. 4093–
2018]
Civil Monetary Penalties Inflation
Adjustment
I. Statutory Process for Implementing
Annual Inflation Adjustments
Section 701 of the Bipartisan Budget
Act of 2015, Public Law 114–74 (Nov.
2, 2015) (‘‘BBA’’), 28 U.S.C. 2461 note,
substantially revised the prior
provisions of the Federal Civil Monetary
Penalties Inflation Adjustment Act of
1990, Public Law 101–410 (the
‘‘Inflation Adjustment Act’’), and
substituted a different statutory formula
for calculating inflation adjustments on
an annual basis.
In accordance with the provisions of
the BBA, on June 30, 2016 (81 FR
42491), the Department of Justice
published an interim rule to adjust for
inflation the civil monetary penalties
assessed or enforced by components of
the Department after August 1, 2016,
with respect to violations occurring after
November 2, 2015, the date of
enactment of the BBA. Readers may
refer to the Supplementary Information
(also known as the preamble) of the
Department’s 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.
The BBA also provides for agencies to
adjust their civil penalties on January 15
of each year to account for inflation
during the preceding year, rounded to
the nearest dollar. Accordingly, on
February 3, 2017 (82 FR 9131), the
Department published a final rule to
adjust for inflation the civil monetary
penalties assessed or enforced by
components of the Department after that
date, with respect to violations
occurring after November 2, 2015.
AGENCY:
II. Inflation Adjustments Made by This
Rule
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 January 29,
2018, with respect to violations
occurring after November 2, 2015.
DATES: This rule is effective January 29,
2018.
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:
As required, the Department is
publishing this final rule to adjust the
civil penalties that were most recently
adjusted as of February 3, 2017. Under
the statutory formula, the adjustments
made by this rule are based on the
Bureau of Labor Statistics’ Consumer
Price Index for October 2017. The OMB
Memorandum for the Heads of
Executive Departments and Agencies
M–18–03 (Dec. 15, 2017), https://
www.whitehouse.gov/wp-content/
uploads/2017/11/M-18-03.pdf (last
visited Jan. 1, 2018), instructs that the
applicable inflation factor for this
adjustment is 1.02041. Accordingly, this
rule adjusts the civil penalty amounts in
28 CFR 85.5 by applying this inflation
factor mechanically to each of the civil
penalty amounts listed (rounded to the
nearest dollar).
Department of Justice.
ACTION: Final rule.
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SUMMARY:
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Example:
• In 2016, the Program Fraud Civil
Remedies Act penalty was increased to
$10,781 in accordance with the
adjustment requirements of the BBA.
• For 2017, where the applicable
inflation factor was 1.01636, the existing
penalty of $10,781 was multiplied by
1.01636 and revised to $10,957
(rounded to the nearest dollar).
• For this final rule in 2018, where
the applicable inflation factor is
1.02041, the existing penalty of $10,957
is multiplied by 1.02041 and revised to
$11,181 (rounded to the nearest dollar).
This rule adjusts for inflation civil
monetary penalties within the
jurisdiction of the Department of Justice
for purposes of the Inflation Adjustment
Act, as amended. Other agencies are
responsible for the inflation adjustments
of certain other civil monetary penalties
that the Department’s litigating
components bring suit to collect. The
reader should consult the regulations of
those other agencies for inflation
adjustments to those penalties.
III. Effective Date of Adjusted Civil
Penalty Amounts
Under this rule, the adjusted civil
penalty amounts are applicable only to
civil penalties assessed after January 29,
2018, with respect to violations
occurring after November 2, 2015, the
date of enactment of the BBA.
The penalty amounts set forth in the
existing table in 28 CFR 85.5 are
applicable to civil penalties assessed
after August 1, 2016, and on or before
the effective date of this rule, with
respect to violations occurring after
November 2, 2015. Civil penalties for
violations occurring on or before
November 2, 2015, and assessments
made on or before August 1, 2016, will
continue to be subject to the civil
monetary penalty amounts set forth in
the Department’s regulations in 28 CFR
parts 20, 22, 36, 68, 71, 76, and 85 as
such regulations were in effect prior to
August 1, 2016 (or as set forth by statute
if the amount had not yet been adjusted
by regulation prior to August 1, 2016).
Statutory and Regulatory Analyses
Administrative Procedure Act
The BBA provides that, for each
annual adjustment made after the initial
adjustments of civil penalties in 2016,
the head of an agency shall adjust the
civil monetary penalties each year
notwithstanding 5 U.S.C. 553.
Accordingly, this rule is being issued as
a final rule without prior notice and
public comment, and without a delayed
effective date.
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Regulatory Flexibility Act
Executive Order 13132—Federalism
List of Subjects in 28 CFR Part 85
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).
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.
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:
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 BBA by making an across-the-board
adjustment of the civil penalty amounts
in 28 CFR 85.5 to account for inflation
since the adoption of the Department’s
final rule published on February 3,
2017.
U.S.C. citation
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
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 $100
million or more; a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions; or significant
adverse effects on competition,
employment, investment, productivity,
innovation, or on the ability of United
States-based enterprises to compete
with foreign-based enterprises in
domestic and export markets.
PART 85—CIVIL MONETARY
PENALTIES INFLATION ADJUSTMENT
1. The authority citation for part 85
continues to read as follows:
■
Authority: 5 U.S.C. 301, 28 U.S.C. 503;
Pub. L. 101–410, 104 Stat. 890, as amended
by Pub. L. 104–134, 110 Stat. 1321; Pub. L.
114–74, section 701, 28 U.S.C. 2461 note.
■
2. Revise § 85.5 to read as follows:
§ 85.5 Adjustments to penalties for
violations occurring after November 2,
2015.
For civil penalties assessed after
January 29, 2018, whose associated
violations occurred after November 2,
2015, the civil monetary penalties
provided by law within the jurisdiction
of the Department are adjusted as set
forth in the sixth column of the
following table. For civil penalties
assessed after February 3, 2017, and on
or before January 29, 2018, whose
associated violations occurred after
November 2, 2015, the civil monetary
penalties provided by law within the
jurisdiction of the Department are those
set forth in the fifth column of the
following table. For civil penalties
assessed after August 1, 2016, and on or
before February 3, 2017, whose
associated violations occurred after
November 2, 2015, the civil monetary
penalties provided by law within the
jurisdiction of the Department are those
set forth in the fourth column of the
following table. All figures set forth in
this table are maximum penalties,
unless otherwise indicated.
DOJ penalty
assessed after
8/1/16
($)
DOJ penalty
assessed after
2/3/17
($) 1
......................................
8,162 ....................
8,296 ....................
8,465.
......................................
2,985 ....................
3,034 ....................
3,096.
28 CFR 85.3(a)(6) ........
1,893,610 .............
1,924,589 .............
1,963,870.
28 CFR 85.3(a)(7) ........
28 CFR 85.3(a)(7) ........
28 CFR 85.3(a)(8) ........
1,893,610 .............
9,468,050 .............
5,500 ....................
1,924,589 .............
9,622,947 .............
5,590 ....................
1,963,870.
9,819,351.
5,704.
28 CFR 85.3(a)(9) ........
Min. 10,781, Max.
21,563.
Min. 10,957, Max.
21,916.
Min. 11,181, Max.
22,363.
Name/description
CFR citation
DOJ penalty
assessed after
1/29/2018
($) 2
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.
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Civil Division
12 USC 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) .........
VerDate Sep<11>2014
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 ............................
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U.S.C. citation
Name/description
CFR citation
DOJ penalty
assessed after
8/1/16
($)
DOJ penalty
assessed after
2/3/17
($) 1
31 U.S.C. 3802(a)(1) ....
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).
28 CFR 71.3(a) ............
10,781 ..................
10,957 ..................
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) ....
41 U.S.C. 2105(b)(2) ....
42 U.S.C. 5157(d) .........
DOJ penalty
assessed after
1/29/2018
($) 2
11,181.
28 CFR 71.3(f) .............
10,781 ..................
10,957 ..................
11,181.
28 CFR 85.3(a)(12) ......
5,500 ....................
5,590 ....................
5,704.
28 CFR 85.3(a)(13) ......
21,563 ..................
21,916 ..................
22,363.
......................................
7,954 ....................
8,084 ....................
8,249.
28 CFR 85.3(c) ............
94,681 ..................
96,230 ..................
98,194.
......................................
98,935 ..................
100,554 ................
102,606.
......................................
989,345 ................
1,005,531 .............
1,026,054.
......................................
12,500 ..................
12,705 ..................
12,964.
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).
18 U.S.C. 248(c)(2)(B)(i)
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. 4041(b)(3) ....
50 U.S.C. 4041(b)(3) ....
Freedom of Access to Clinic Entrances Act of
1994 (‘‘FACE Act’’); Nonviolent physical obstruction, first violation.
FACE Act; Nonviolent physical obstruction, subsequent violation.
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 .............
28 CFR 85.3(b)(1)(i) ....
15,909 ..................
16,169 ..................
16,499.
28 CFR 85.3(b)(1)(ii) ....
23,863 ..................
24,253 ..................
24,748.
28 CFR 85.3(b)(2)(i) ....
23,863 ..................
24,253 ..................
24,748.
28 CFR 85.3(b)(2)(ii) ....
39,772 ..................
40,423 ..................
41,248.
28 CFR 85.3(b)(3)(i) ....
98,935 ..................
100,554 ................
102,606.
Fair Housing Act of 1968; subsequent violation
28 CFR 85.3(b)(3)(ii) ....
197,869 ................
201,106 ................
205,211.
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 36.504(a)(3)(i)
89,078 ..................
90,535 ..................
92,383.
28 CFR 36.504(a)(3)(ii)
178,156 ................
181,071 ................
184,767.
28 CFR 85.3(b)(4)(i) ....
59,810 ..................
60,788 ..................
62,029.
28 CFR 85.3(b)(4)(ii) ....
119,620 ................
121,577 ................
124,058.
Min. 342, Max.
6,834.
21,563 ..................
Min. 348, Max.
6,946.
21,916 ..................
Min. 355, Max.
7,088.
22,363.
28 CFR 76.3(a) ............
19,787 ..................
20,111 ..................
20,521.
28 CFR 85.3(d) ............
68,750 ..................
69,875 ..................
71,301.
......................................
62,500 ..................
63,523 ..................
64,820.
......................................
14,502 ..................
14,739 ..................
15,040.
......................................
500,855 ................
509,049 ................
519,439.
......................................
1,002 ....................
1,018 ....................
1,039.
......................................
375,613 ................
381,758 ................
389,550.
......................................
321,403 ................
326,661 ................
333,328.
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) ..
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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) ...........
VerDate Sep<11>2014
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.
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U.S.C. citation
Name/description
DOJ penalty
assessed after
8/1/16
($)
CFR citation
DOJ penalty
assessed after
2/3/17
($) 1
DOJ penalty
assessed after
1/29/2018
($) 2
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) ..
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).
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)
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).
IRCA; Unfair immigration-related employment
practices, unfair documentary practices (per
individual discriminated against).
IRCA; Document fraud, first order—for violations described in USC 1324c(a)(1)–(4) (per
document).
IRCA; Document fraud, subsequent order—for
violations described in USC 1324c(a)(1)–(4)
(per document).
IRCA; Document fraud, first order—for violations described in USC 1324c(a)(5)–(6) (per
document).
IRCA; Document fraud, subsequent order—for
violations described in USC 1324c(a)(5)–(6)
(per document).
28 CFR 68.52(c)(1)(i) ...
Min. 539, Max.
4,313.
Min. 548, Max.
4,384.
Min. 559, Max.
4,473.
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.
Min. 4,473, Max.
11,181.
Min. 6,709, Max.
22,363.
Min. 224, Max.
2,236.
Min. 779, Max.
1,558.
28 CFR 68.52(c)(7) ......
2,156 ....................
2,191 ....................
2,236.
28 CFR 68.52(d)(1)(viii)
Min. 445, Max.
3,563.
Min. 452, Max.
3,621.
Min. 461, Max.
3,695.
28 CFR 68.52(d)(1)(ix)
Min. 3,563, Max.
8,908.
Min. 3,621, Max.
9,054.
Min. 3,695, Max.
9,239.
28 CFR 68.52(d)(1)(x)
Min. 5,345, Max.
17,816.
Min. 5,432, Max
18,107.
Min. 5,543,
Max.18,477.
28 CFR 68.52(d)(1)(xii)
Min. 178, Max.
1,782.
Min. 181, Max.
1,811.
Min. 185, Max.
1,848.
28 CFR 68.52(e)(1)(i) ..
Min. 445, Max.
3,563.
Min. 452, Max.
3,621.
Min. 461, Max.
3,695.
28 CFR 68.52(e)(1)(iii)
Min. 3,563, Max.
8,908.
Min. 3,621, Max.
9,054.
Min. 3,695, Max.
9,239.
28 CFR 68.52(e)(1)(ii) ..
Min. 376, Max.
3,005.
Min. 382, Max.
3,054.
Min. 390,
Max.3,116.
28 CFR 68.52(e)(1)(iv)
Min. 3,005, Max.
7,512.
Min. 3,054, Max.
7,635.
Min. 3,116, Max.
7,791.
1,591 ....................
1,617 ....................
1,650.
27,500 ..................
27,950 ..................
28,520.
28 CFR 68.52(c)(1)(iii)
28 CFR 68.52(c)(5) ......
28 CFR 68.52(c)(6) ......
FBI
49 U.S.C. 30505(a) .......
National Motor Vehicle Title Identification System; Violation (per violation).
......................................
Office of Justice Programs
34 U.S.C. 10231(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 this column represent the penalty as last adjusted by Department of Justice regulation on February 3, 2017.
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).
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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).
Dated: January 19, 2018.
Jefferson B. Sessions III,
Attorney General.
[FR Doc. 2018–01464 Filed 1–26–18; 8:45 am]
BILLING CODE 4410–19–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 917
[KY–256–FOR; OSM–2012–0014; S1D1S
SS08011000 SX064A000 189S180110;
S2D2S SS08011000 SX064A000
18XS501520]
Kentucky Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Final rule; approval with
exceptions.
AGENCY:
We, the Office of Surface
Mining Reclamation and Enforcement
(OSMRE), are approving, with
exceptions, an amendment to the
Kentucky regulatory program
(hereinafter, the ‘‘Kentucky program’’)
under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the
Act). Kentucky submitted a proposed
amendment to OSMRE that revises its
bonding regulations to satisfy, in part,
concerns OSMRE conveyed to the State
pertaining to bonding inadequacies.
DATES: The effective date is February 28,
2018.
FOR FURTHER INFORMATION CONTACT:
Robert Evans, Lexington Field Office
Director. Telephone: (859) 260–3900.
Email: bevans@osmre.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
sradovich on DSK3GMQ082PROD with RULES
I. Background on the Kentucky Program
II. Description of the Amendment
III. OSMRE’s Findings
IV. Summary and Disposition of Comments
V. OSMRE’s Decision
VI. Procedural Determinations
I. Background on the Kentucky
Program
A. Background: Kentucky Regulatory
Program: Section 503(a) of the Act
permits a State to assume primacy for
the regulation of surface coal mining
and reclamation operations on nonFederal and non-Indian lands within its
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borders by demonstrating that its
program includes, among other things,
State laws and regulations that govern
surface coal mining and reclamation
operations in accordance with the Act
and consistent with the Federal
regulations. See 30 U.S.C. 1253(a)(1)
and (7). On the basis of these criteria,
the Secretary of the Interior
conditionally approved the Kentucky
program effective May 18, 1982. You
can find background information on the
Kentucky program, including the
Secretary’s findings, the disposition of
comments, and conditions of approval
of the Kentucky program in the May 18,
1982, Federal Register (47 FR 21404).
You can also find later actions
concerning Kentucky’s program and
program amendments at 30 CFR 917.11,
917.12, 917.13, 917.15, 917.16, and
917.17.
B. Background: Kentucky Bonding
Program: The following is a description
of the bonding program implemented by
Kentucky and approved by OSMRE in
1986. Permittees are required to furnish
a performance bond that covers the area
of land upon which the operator will
initiate and conduct surface coal mining
and reclamation operations. The amount
of the bond should be sufficient to
assure completion of the reclamation
plan. Kentucky’s program included two
options to post bond: (1) Post a full-cost
bonding (performance bond covering
the entire cost of reclamation); or (2)
participate in a voluntary bond pool
(VBP) and post a reduced permitspecific performance bond. The VBP, an
alternative bonding system (ABS), was
limited to qualified applicants and
required membership fees and
production fees that were used to
supplement the reduced permit-specific
performance bonds posted for surface
mining operations. Generally, the
second option was used by smaller
operators that would otherwise have
difficulty posting a full-cost bond due to
limited financial resources.
1. Permit-Specific Bonds for Non-VBP
Members: If an applicant/permittee
elected not to participate or did not
qualify to become a member of the VBP,
the permittee was required to submit an
adequate ‘‘full-cost’’ bond using a basic
bond rate of $2500/acre to which several
site factors (difficulty of mining,
geologic/hydrologic concerns,
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permanent structures, etc.) were added
as additional rates per acre if necessary.
Over 90% of Kentucky permits were not
part of the VBP.
2. Alternative Bonding System: In lieu
of requiring all permittees to submit
permit-specific performance bonds
covering the full cost of permit-specific
reclamation for coal mining operations,
we approved a request from Kentucky to
implement an ABS as provided for in 30
CFR 800.11(e). The requirements of
§ 800.11(e) provide that an alternative
system to the permit-specific bond
requirements could be authorized if the
following two conditions are met: (1)
The ABS would assure sufficient money
is available to complete the reclamation
plan for any areas which may be in
default at any time and (2) the ABS
provides a substantial economic
incentive for the permittee to comply
with all reclamation provisions.
Kentucky’s ABS created the VBP. We
announced approval of Kentucky’s ABS
in the July 18, 1986, Federal Register
(51 FR 26002).
a. ABS—Voluntary Bond Pool Fund
Membership: Participation in the
Kentucky bond pool was voluntary,
limited to qualified participants, and
required application for membership.
Bond pool members, herein referred to
as VBP members, were permitted to post
a performance bond to cover the costs
of reclamation under the Kentucky
program that was less than the
estimated full cost of reclamation if the
member qualified for participation in
the bond pool and paid the required fees
to the VBP’s supplemental fund. The
VBP fund would then be used to
supplement the reduced operator bond
in the event of operator default on
reclamation. Acceptance into the VBP
was based on the applicant’s financial
standing and reclamation compliance
record.
Applicants for membership in the
VBP qualified for an ‘‘A,’’ ‘‘B,’’ or ‘‘C’’
rating, based on length of time the
applicant had held a permit under the
same permittee name and the type of
compliance rating, ‘‘excellent’’ or
‘‘acceptable,’’ the permittee had
exhibited. The rating method also
considered such things as number and
seriousness of violations for which the
applicant had been cited, applicant’s
abatement of violations, timely payment
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]]>Agencies
[Federal Register Volume 83, Number 19 (Monday, January 29, 2018)]
[Rules and Regulations]
[Pages 3944-3948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01464]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
28 CFR Part 85
[Docket No. OAG 159; AG Order No. 4093-2018]
Civil Monetary Penalties Inflation Adjustment
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 January 29, 2018, with
respect to violations occurring after November 2, 2015.
DATES: This rule is effective January 29, 2018.
FOR FURTHER INFORMATION CONTACT: Robert Hinchman, Senior Counsel,
Office of Legal Policy, U.S. Department of Justice, Room 4252 RFK
Building, 950 Pennsylvania Avenue NW, Washington, DC 20530, telephone
(202) 514-8059 (not a toll-free number).
SUPPLEMENTARY INFORMATION:
I. Statutory Process for Implementing Annual Inflation Adjustments
Section 701 of the Bipartisan Budget Act of 2015, Public Law 114-74
(Nov. 2, 2015) (``BBA''), 28 U.S.C. 2461 note, substantially revised
the prior provisions of the Federal Civil Monetary Penalties Inflation
Adjustment Act of 1990, Public Law 101-410 (the ``Inflation Adjustment
Act''), and substituted a different statutory formula for calculating
inflation adjustments on an annual basis.
In accordance with the provisions of the BBA, on June 30, 2016 (81
FR 42491), the Department of Justice published an interim rule to
adjust for inflation the civil monetary penalties assessed or enforced
by components of the Department after August 1, 2016, with respect to
violations occurring after November 2, 2015, the date of enactment of
the BBA. Readers may refer to the Supplementary Information (also known
as the preamble) of the Department's 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.
The BBA also provides for agencies to adjust their civil penalties
on January 15 of each year to account for inflation during the
preceding year, rounded to the nearest dollar. Accordingly, on February
3, 2017 (82 FR 9131), the Department published a final rule to adjust
for inflation the civil monetary penalties assessed or enforced by
components of the Department after that date, with respect to
violations occurring after November 2, 2015.
II. Inflation Adjustments Made by This Rule
As required, the Department is publishing this final rule to adjust
the civil penalties that were most recently adjusted as of February 3,
2017. Under the statutory formula, the adjustments made by this rule
are based on the Bureau of Labor Statistics' Consumer Price Index for
October 2017. The OMB Memorandum for the Heads of Executive Departments
and Agencies M-18-03 (Dec. 15, 2017), https://www.whitehouse.gov/wp-content/uploads/2017/11/M-18-03.pdf (last visited Jan. 1, 2018),
instructs that the applicable inflation factor for this adjustment is
1.02041. Accordingly, this rule adjusts the civil penalty amounts in 28
CFR 85.5 by applying this inflation factor mechanically to each of the
civil penalty amounts listed (rounded to the nearest dollar).
Example:
In 2016, the Program Fraud Civil Remedies Act penalty was
increased to $10,781 in accordance with the adjustment requirements of
the BBA.
For 2017, where the applicable inflation factor was
1.01636, the existing penalty of $10,781 was multiplied by 1.01636 and
revised to $10,957 (rounded to the nearest dollar).
For this final rule in 2018, where the applicable
inflation factor is 1.02041, the existing penalty of $10,957 is
multiplied by 1.02041 and revised to $11,181 (rounded to the nearest
dollar).
This rule adjusts for inflation civil monetary penalties within the
jurisdiction of the Department of Justice for purposes of the Inflation
Adjustment Act, as amended. Other agencies are responsible for the
inflation adjustments of certain other civil monetary penalties that
the Department's litigating components bring suit to collect. The
reader should consult the regulations of those other agencies for
inflation adjustments to those penalties.
III. Effective Date of Adjusted Civil Penalty Amounts
Under this rule, the adjusted civil penalty amounts are applicable
only to civil penalties assessed after January 29, 2018, with respect
to violations occurring after November 2, 2015, the date of enactment
of the BBA.
The penalty amounts set forth in the existing table in 28 CFR 85.5
are applicable to civil penalties assessed after August 1, 2016, and on
or before the effective date of this rule, with respect to violations
occurring after November 2, 2015. Civil penalties for violations
occurring on or before November 2, 2015, and assessments made on or
before August 1, 2016, will continue to be subject to the civil
monetary penalty amounts set forth in the Department's regulations in
28 CFR parts 20, 22, 36, 68, 71, 76, and 85 as such regulations were in
effect prior to August 1, 2016 (or as set forth by statute if the
amount had not yet been adjusted by regulation prior to August 1,
2016).
Statutory and Regulatory Analyses
Administrative Procedure Act
The BBA provides that, for each annual adjustment made after the
initial adjustments of civil penalties in 2016, the head of an agency
shall adjust the civil monetary penalties each year notwithstanding 5
U.S.C. 553. Accordingly, this rule is being issued as a final rule
without prior notice and public comment, and without a delayed
effective date.
[[Page 3945]]
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 BBA by making an across-the-board
adjustment of the civil penalty amounts in 28 CFR 85.5 to account for
inflation since the adoption of the Department's final rule published
on February 3, 2017.
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 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. Revise Sec. 85.5 to read as follows:
Sec. 85.5 Adjustments to penalties for violations occurring after
November 2, 2015.
For civil penalties assessed after January 29, 2018, 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 sixth column of the
following table. For civil penalties assessed after February 3, 2017,
and on or before January 29, 2018, 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
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. All
figures set forth in this table are maximum penalties, unless otherwise
indicated.
--------------------------------------------------------------------------------------------------------------------------------------------------------
DOJ penalty DOJ penalty
U.S.C. citation Name/description CFR citation DOJ penalty assessed assessed after 2/3/ assessed after 1/29/
after 8/1/16 ($) 17 ($) 1 2018 ($) 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
ATF
--------------------------------------------------------------------------------------------------------------------------------------------------------
18 U.S.C. 922(t)(5)............... Brady Law--Nat'l Instant ..................... 8,162................ 8,296............... 8,465.
Criminal Check System;
Transfer of firearm
without checking NICS.
18 U.S.C. 924(p).................. Child Safety Lock Act; ..................... 2,985................ 3,034............... 3,096.
Secure gun storage or
safety device, violation.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Civil Division
--------------------------------------------------------------------------------------------------------------------------------------------------------
12 USC 1833a(b)(1)................ Financial Institutions 28 CFR 85.3(a)(6).... 1,893,610............ 1,924,589........... 1,963,870.
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........... 1,963,870.
(continuing) (per day).
12 U.S.C. 1833a(b)(2)............. FIRREA Violation 28 CFR 85.3(a)(7).... 9,468,050............ 9,622,947........... 9,819,351.
(continuing).
22 U.S.C. 2399b(a)(3)(A).......... Foreign Assistance Act; 28 CFR 85.3(a)(8).... 5,500................ 5,590............... 5,704.
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, Max. Min. 10,957, Max. Min. 11,181, Max.
Violations. 21,563. 21,916. 22,363.
[[Page 3946]]
31 U.S.C. 3802(a)(1).............. Program Fraud Civil 28 CFR 71.3(a)....... 10,781............... 10,957.............. 11,181.
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.............. 11,181.
Remedies Act; Violation
Involving False Statement
(per statement).
40 U.S.C. 123(a)(1)(A)............ Federal Property and 28 CFR 85.3(a)(12)... 5,500................ 5,590............... 5,704.
Administrative Services
Act; Violation Involving
Surplus Government
Property (per act).
41 U.S.C. 8706(a)(1)(B)........... Anti-Kickback Act; 28 CFR 85.3(a)(13)... 21,563............... 21,916.............. 22,363.
Violation Involving
Kickbacks 4 (per
occurrence).
18 U.S.C. 2723(b)................. Driver's Privacy ..................... 7,954................ 8,084............... 8,249.
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 1989; 28 CFR 85.3(c)....... 94,681............... 96,230.............. 98,194.
Penalties for Conflict of
Interest Crimes 5 (per
violation).
41 U.S.C. 2105(b)(1).............. Office of Federal ..................... 98,935............... 100,554............. 102,606.
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........... 1,026,054.
Procurement Policy Act; 6
Violation by an
organization (per
violation).
42 U.S.C. 5157(d)................. Disaster Relief Act of ..................... 12,500............... 12,705.............. 12,964.
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 85.3(b)(1)(i). 15,909............... 16,169.............. 16,499.
Clinic Entrances Act of
1994 (``FACE Act'');
Nonviolent physical
obstruction, first
violation.
18 U.S.C. 248(c)(2)(B)(ii)........ FACE Act; Nonviolent 28 CFR 85.3(b)(1)(ii) 23,863............... 24,253.............. 24,748.
physical obstruction,
subsequent violation.
18 U.S.C. 248(c)(2)(B)(i)......... FACE Act; Violation other 28 CFR 85.3(b)(2)(i). 23,863............... 24,253.............. 24,748.
than a nonviolent
physical obstruction,
first violation.
18 U.S.C. 248(c)(2)(B)(ii)........ FACE Act; Violation other 28 CFR 85.3(b)(2)(ii) 39,772............... 40,423.............. 41,248.
than a nonviolent
physical obstruction,
subsequent violation.
42 U.S.C. 3614(d)(1)(C)(i)........ Fair Housing Act of 1968; 28 CFR 85.3(b)(3)(i). 98,935............... 100,554............. 102,606.
first violation.
42 U.S.C. 3614(d)(1)(C)(ii)....... Fair Housing Act of 1968; 28 CFR 85.3(b)(3)(ii) 197,869.............. 201,106............. 205,211.
subsequent violation.
42 U.S.C. 12188(b)(2)(C)(i)....... Americans With 28 CFR 89,078............... 90,535.............. 92,383.
Disabilities Act; Public 36.504(a)(3)(i).
accommodations for
individuals with
disabilities, first
violation.
42 U.S.C. 12188(b)(2)(C)(ii)...... Americans With 28 CFR 178,156.............. 181,071............. 184,767.
Disabilities Act; Public 36.504(a)(3)(ii).
accommodations for
individuals with
disabilities, subsequent
violation.
50 U.S.C. 4041(b)(3).............. Servicemembers Civil 28 CFR 85.3(b)(4)(i). 59,810............... 60,788.............. 62,029.
Relief Act of 2003; first
violation.
50 U.S.C. 4041(b)(3).............. Servicemembers Civil 28 CFR 85.3(b)(4)(ii) 119,620.............. 121,577............. 124,058.
Relief Act of 2003;
subsequent violation.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Criminal Division
--------------------------------------------------------------------------------------------------------------------------------------------------------
18 U.S.C. 983(h)(1)............... Civil Asset Forfeiture ..................... Min. 342, Max. 6,834. Min. 348, Max. 6,946 Min. 355, Max.
Reform Act of 2000; 7,088.
Penalty for Frivolous
Assertion of Claim.
18 U.S.C. 1956(b)................. Money Laundering Control ..................... 21,563............... 21,916.............. 22,363.
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.............. 20,521.
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.............. 71,301.
Import Export Act; Drug
abuse, import or export.
21 U.S.C. 842(c)(1)(A)............ Controlled Substances Act ..................... 62,500............... 63,523.............. 64,820.
(``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.............. 15,040.
842(a)(5) and (10)--
Prohibited acts re:
controlled substances.
21 U.S.C. 842(c)(1)(C)............ CSA; Violation of 825(e) ..................... 500,855.............. 509,049............. 519,439.
by importer, exporter,
manufacturer, or
distributor--False
labeling of anabolic
steroids (per violation).
21 U.S.C. 842(c)(1)(D)............ CSA; Violation of 825(e) ..................... 1,002................ 1,018............... 1,039.
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............. 389,550.
842(a)(11) by a business--
Distribution of
laboratory supply with
reckless disregard 9.
21 U.S.C. 856(d).................. Illicit Drug Anti- ..................... 321,403.............. 326,661............. 333,328.
Proliferation Act of
2003; Maintaining drug-
involved premises 10.
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[[Page 3947]]
Immigration-Related Penalties
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8 U.S.C. 1324a(e)(4)(A)(i)........ Immigration Reform and 28 CFR 68.52(c)(1)(i) Min. 539, Max. 4,313. Min. 548, Max. 4,384 Min. 559, Max.
Control Act of 1986 4,473.
(``IRCA''); Unlawful
employment of aliens,
first order (per
unauthorized alien).
8 U.S.C. 1324a(e)(4)(A)(ii)....... IRCA; Unlawful employment 28 CFR Min. 4,313, Max. Min. 4,384, Max. Min. 4,473, Max.
of aliens, second order 68.52(c)(1)(ii). 10,781. 10,957. 11,181.
(per such alien).
8 U.S.C. 1324a(e)(4)(A)(iii)...... IRCA; Unlawful employment 28 CFR Min. 6,469, Max. Min. 6,575, Max. Min. 6,709, Max.
of aliens, subsequent 68.52(c)(1)(iii). 21,563. 21,916. 22,363.
order (per such alien).
8 U.S.C. 1324a(e)(5).............. IRCA; Paperwork violation 28 CFR 68.52(c)(5)... Min. 216, Max. 2,156. Min. 220, Max. 2,191 Min. 224, Max.
(per relevant individual). 2,236.
8 U.S.C. 1324a, (note)............ IRCA; Violation relating 28 CFR 68.52(c)(6)... Min. 751 Max.1,502... Min. 763, Max. 1,527 Min. 779, Max.
to participating 1,558.
employer's failure to
notify of final
nonconfirmation of
employee's employment
eligibility (per relevant
individual).
8 U.S.C. 1324a(g)(2).............. IRCA; Violation/ 28 CFR 68.52(c)(7)... 2,156................ 2,191............... 2,236.
prohibition of indemnity
bonds (per violation).
8 U.S.C. 1324b(g)(2)(B)(iv)(I).... IRCA; Unfair immigration- 28 CFR Min. 445, Max. 3,563. Min. 452, Max. 3,621 Min. 461, Max.
related employment 68.52(d)(1)(viii). 3,695.
practices, first order
(per individual
discriminated against).
8 U.S.C. 1324b(g)(2)(B)(iv)(II)... IRCA; Unfair immigration- 28 CFR Min. 3,563, Max. Min. 3,621, Max. Min. 3,695, Max.
related employment 68.52(d)(1)(ix). 8,908. 9,054. 9,239.
practices, second order
(per individual
discriminated against).
8 U.S.C. 1324b(g)(2)(B)(iv)(III).. IRCA; Unfair immigration- 28 CFR 68.52(d)(1)(x) Min. 5,345, Max. Min. 5,432, Max Min. 5,543,
related employment 17,816. 18,107. Max.18,477.
practices, subsequent
order (per individual
discriminated against).
8 U.S.C. 1324b(g)(2)(B)(iv)(IV)... IRCA; Unfair immigration- 28 CFR Min. 178, Max. 1,782. Min. 181, Max. 1,811 Min. 185, Max.
related employment 68.52(d)(1)(xii). 1,848.
practices, unfair
documentary practices
(per individual
discriminated against).
8 U.S.C. 1324c(d)(3)(A)........... IRCA; Document fraud, 28 CFR 68.52(e)(1)(i) Min. 445, Max. 3,563. Min. 452, Max. 3,621 Min. 461, Max.
first order--for 3,695.
violations described in
USC 1324c(a)(1)-(4) (per
document).
8 U.S.C. 1324c(d)(3)(B)........... IRCA; Document fraud, 28 CFR Min. 3,563, Max. Min. 3,621, Max. Min. 3,695, Max.
subsequent order--for 68.52(e)(1)(iii). 8,908. 9,054. 9,239.
violations described in
USC 1324c(a)(1)-(4) (per
document).
8 U.S.C. 1324c(d)(3)(A)........... IRCA; Document fraud, 28 CFR Min. 376, Max. 3,005. Min. 382, Max. 3,054 Min. 390, Max.3,116.
first order--for 68.52(e)(1)(ii).
violations described in
USC 1324c(a)(5)-(6) (per
document).
8 U.S.C. 1324c(d)(3)(B)........... IRCA; Document fraud, 28 CFR Min. 3,005, Max. Min. 3,054, Max. Min. 3,116, Max.
subsequent order--for 68.52(e)(1)(iv). 7,512. 7,635. 7,791.
violations described in
USC 1324c(a)(5)-(6) (per
document).
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FBI
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49 U.S.C. 30505(a)................ National Motor Vehicle ..................... 1,591................ 1,617............... 1,650.
Title Identification
System; Violation (per
violation).
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Office of Justice Programs
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34 U.S.C. 10231(d)................ Confidentiality of 28 CFR 20.25......... 27,500............... 27,950.............. 28,520.
information; State and
Local Criminal History
Record Information
Systems--Right to Privacy
Violation.
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1 The figures set forth in this column represent the penalty as last adjusted by Department of Justice regulation on February 3, 2017.
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).
[[Page 3948]]
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).
Dated: January 19, 2018.
Jefferson B. Sessions III,
Attorney General.
[FR Doc. 2018-01464 Filed 1-26-18; 8:45 am]
BILLING CODE 4410-19-P
