Civil Monetary Penalties Inflation Adjustment, 37004-37010 [2020-10905]

Agencies

• Department of Justice

[Federal Register Volume 85, Number 119 (Friday, June 19, 2020)]
[Rules and Regulations]
[Pages 37004-37010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10905]


=======================================================================
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DEPARTMENT OF JUSTICE

28 CFR Part 85

[Docket No. OAG 168; AG Order No. 4693-2020]


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 June 19, 2020 with respect to 
violations occurring after November 2, 2015.

DATES: This rule is effective June 19, 2020.

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 (``June 
2016 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 June 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 June 
2016 interim rule was finalized without change by the publication of a 
final rule on April 5, 2019 (84 FR 13520).
    After the initial adjustments in 2016, 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), and on January 
29, 2018 (83 FR 3944), the Department published final rules pursuant to 
the BBA to make annual inflation adjustments in the civil monetary 
penalties assessed or enforced by components of the Department after 
those dates, with respect to violations occurring after November 2, 
2015. The Department did not publish such a rule in 2019, thereby 
leaving in place the civil monetary penalties as adjusted by the 2018 
final rule.

II. Inflation Adjustments Made by This Rule

    As required, the Department is publishing this final rule to adjust 
for 2020 the civil penalties that were most recently adjusted as of 
January 29, 2018. Under the statutory formula, the adjustments made by 
this rule are based on the Bureau of Labor Statistics' Consumer Price 
Index for October 2019. The OMB Memorandum for the Heads of Executive 
Departments and Agencies M-20-05 (Dec 16, 2019), https://www.whitehouse.gov/wp-content/uploads/2019/12/M-20-05.pdf (last visited 
January 10, 2020), instructs that the applicable inflation factor is 
1.01764. For the previous year, the OMB Memorandum for the Heads of 
Executive Departments and Agencies M-19-04 (Dec. 14, 2018), https://www.whitehouse.gov/wp-content/uploads/2017/11/m_19_04.pdf (last visited 
November 21, 2019), instructs that the applicable inflation factor was 
1.02522.
    Because the Department did not publish civil penalty amounts 
adjusted for inflation in 2019, this rule adjusts the civil penalty 
amounts in 28 CFR 85.5 by first applying the 2018 inflation factor and 
then applying the 2019 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 2018, where the applicable inflation factor is 
1.02041, the existing penalty of $10,957 was multiplied by

[[Page 37005]]

1.02041 and revised to $11,181 (rounded to the nearest dollar).
     For this final rule in 2020, where the applicable 
inflation factor in 2018 was 1.02522 and the current applicable 
inflation factor is 1.01764, the existing penalty of $11,181 is 
multiplied by 1.02522 and 1.01764 and revised to $11,665 (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 June 19, 2020, 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).
    This rule also contains inflation adjustments for two penalties 
which were enacted by the SUPPORT for Patients and Communities Act, 
Public Law 115-271 (Oct. 24, 2018), subsequent to publication of the 
Department's 2018 civil monetary penalty inflation adjustment rule.

IV. Statutory and Regulatory Analyses

A. Administrative Procedure Act

    The BBA provides that, for each annual adjustment made after the 
initial adjustments of civil penalties in 2016, the head of an agency 
shall adjust the civil monetary penalties each year notwithstanding 5 
U.S.C. 553. Accordingly, this rule is being issued as a final rule 
without prior notice and public comment, and without a delayed 
effective date.

B. Regulatory Flexibility Act

    Only those entities that are determined to have violated Federal 
law and regulations would be affected by the increase in the civil 
penalty amounts made by this rule. A Regulatory Flexibility Act 
analysis is not required for this rule because publication of a notice 
of proposed rulemaking was not required. See 5 U.S.C. 603(a).

C. Executive 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 January 29, 2018.

D. Executive Order 13132--Federalism

    This rule will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. Therefore, in accordance with Executive Order 
13132, it is determined that this rule does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

E. Executive Order 12988--Civil Justice Reform

    This regulation meets the applicable standards set forth in 
sections 3(a) and 3(b)(2) of Executive Order 12988.

F. Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

G. Congressional Review Act

    This rule is not a major rule as defined by the Congressional 
Review Act, 5 U.S.C. 804. 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 June 19, 2020, 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 seventh column of the following table. For 
civil penalties assessed after January 29, 2018, and on or before June 
19, 2020, 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 sixth column of table 1 to 
this section. For civil penalties assessed after February 3, 2017, and 
on or before

[[Page 37006]]

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 table 1 to this section. 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 table 1 to this section. All figures set forth in 
this table are maximum penalties, unless otherwise indicated.

                                                                 Table 1 to Sec.   85.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                          DOJ penalty
                                                                              DOJ penalty         DOJ penalty         DOJ penalty       assessed after
         U.S.C. citation           Name/description      CFR citation     assessed after 8/1/ assessed after 2/3/  assessed after 1/   June 19, 2020 ($)
                                                                                16 ($)              17 ($)          29/2018 ($) \1\           \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           ATF
--------------------------------------------------------------------------------------------------------------------------------------------------------
18 U.S.C. 922(t)(5).............  Brady Law--Nat'l    ..................  8,162.............  8,296.............  8,465.............  8,831.
                                   Instant Criminal
                                   Check System;
                                   Transfer of
                                   firearm without
                                   checking NICS.
18 U.S.C. 924(p)................  Child Safety Lock   ..................  2,985.............  3,034.............  3,096.............  3,230.
                                   Act; Secure gun
                                   storage or safety
                                   device, violation.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Civil Division
--------------------------------------------------------------------------------------------------------------------------------------------------------
12 U.S.C. 1833a(b)(1)...........  Financial           28 CFR 85.3(a)(6).  1,893,610.........  1,924,589.........  1,963,870.........  2,048,915.
                                   Institutions
                                   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.........  2,048,915.
                                   (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.........  10,244,577.
                                   (continuing).
22 U.S.C. 2399b(a)(3)(A)........  Foreign Assistance  28 CFR 85.3(a)(8).  5,500.............  5,590.............  5,704.............  5,951.
                                   Act; Fraudulent
                                   Claim for
                                   Assistance (per
                                   act).
31 U.S.C. 3729(a)...............  False Claims Act;   28 CFR 85.3(a)(9).  Min 10,781, Max     Min 10,957, Max     Min 11,181, Max     Min 11,665, Max
                                   \3\ Violations.                         21,563.             21,916.             22,363.             23,331.
31 U.S.C. 3802(a)(1)............  Program Fraud       28 CFR 71.3(a)....  10,781............  10,957............  11,181............  11,665.
                                   Civil Remedies
                                   Act; Violations
                                   Involving False
                                   Claim (per claim).
31 U.S.C. 3802(a)(2)............  Program Fraud       28 CFR 71.3(f)....  10,781............  10,957............  11,181............  11,665.
                                   Civil Remedies
                                   Act; Violation
                                   Involving False
                                   Statement (per
                                   statement).
40 U.S.C. 123(a)(1)(A)..........  Federal Property    28 CFR 85.3(a)(12)  5,500.............  5,590.............  5,704.............  5,951.
                                   and
                                   Administrative
                                   Services Act;
                                   Violation
                                   Involving Surplus
                                   Government
                                   Property (per
                                   act).
41 U.S.C. 8706(a)(1)(B).........  Anti-Kickback Act;  28 CFR 85.3(a)(13)  21,563............  21,916............  22,363............  23,331.
                                   Violation
                                   Involving
                                   Kickbacks \4\
                                   (per occurrence).
18 U.S.C. 2723(b)...............  Driver's Privacy    ..................  7,954.............  8,084.............  8,249.............  8,606.
                                   Protection Act of
                                   1994; Prohibition
                                   on Release and
                                   Use of Certain
                                   Personal
                                   Information from
                                   State Motor
                                   Vehicle Records--
                                   Substantial Non-
                                   compliance (per
                                   day).
18 U.S.C. 216(b)................  Ethics Reform Act   28 CFR 85.3(c)....  94,681............  96,230............  98,194............  102,446.
                                   of 1989;
                                   Penalties for
                                   Conflict of
                                   Interest Crimes
                                   \5\ (per
                                   violation).

[[Page 37007]]

 
41 U.S.C. 2105(b)(1)............  Office of Federal   ..................  98,935............  100,554...........  102,606...........  107,050.
                                   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.........  1,070,487.
                                   Procurement
                                   Policy Act; \6\
                                   Violation by an
                                   organization (per
                                   violation).
42 U.S.C. 5157(d)...............  Disaster Relief     ..................  12,500............  12,705............  12,964............  13,525.
                                   Act of 1974; \7\
                                   Violation (per
                                   violation).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                             Civil Rights Division (excluding immigration-related penalties)
--------------------------------------------------------------------------------------------------------------------------------------------------------
18 U.S.C. 248(c)(2)(B)(i).......  Freedom of Access   28 CFR              15,909............  16,169............  16,499............  17,161.
                                   to Clinic           85.3(b)(1)(i).
                                   Entrances Act of
                                   1994 (``FACE
                                   Act'');
                                   Nonviolent
                                   physical
                                   obstruction,
                                   first violation.
18 U.S.C. 248(c)(2)(B)(ii)......  FACE Act;           28 CFR              23,863............  24,253............  24,748............  25,820.
                                   Nonviolent          85.3(b)(1)(ii).
                                   physical
                                   obstruction,
                                   subsequent
                                   violation.
18 U.S.C. 248(c)(2)(B)(i).......  FACE Act;           28 CFR              23,863............  24,253............  24,748............  25,820.
                                   Violation other     85.3(b)(2)(i).
                                   than a nonviolent
                                   physical
                                   obstruction,
                                   first violation.
18 U.S.C. 248(c)(2)(B)(ii)......  FACE Act;           28 CFR              39,772............  40,423............  41,248............  43,034.
                                   Violation other     85.3(b)(2)(ii).
                                   than a nonviolent
                                   physical
                                   obstruction,
                                   subsequent
                                   violation.
42 U.S.C. 3614(d)(1)(C)(i)......  Fair Housing Act    28 CFR              98,935............  100,554...........  102,606...........  107,050.
                                   of 1968; first      85.3(b)(3)(i).
                                   violation.
42 U.S.C. 3614(d)(1)(C)(ii).....  Fair Housing Act    28 CFR              197,869...........  201,106...........  205,211...........  214,097.
                                   of 1968;            85.3(b)(3)(ii).
                                   subsequent
                                   violation.
42 U.S.C. 12188(b)(2)(C)(i).....  Americans With      28 CFR              89,078............  90,535............  92,383............  96,384.
                                   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...........  184,767...........  192,768.
                                   Disabilities Act;   36.504(a)(3)(ii).
                                   Public
                                   accommodations
                                   for individuals
                                   with
                                   disabilities,
                                   subsequent
                                   violation.
50 U.S.C. 4041(b)(3)............  Servicemembers      28 CFR              59,810............  60,788............  62,029............  64,715.
                                   Civil Relief Act    85.3(b)(4)(i).
                                   of 2003; first
                                   violation.
50 U.S.C. 4041(b)(3)............  Servicemembers      28 CFR              119,620...........  121,577...........  124,058...........  129,431.
                                   Civil Relief Act    85.3(b)(4)(ii).
                                   of 2003;
                                   subsequent
                                   violation.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Criminal Division
--------------------------------------------------------------------------------------------------------------------------------------------------------
18 U.S.C. 983(h)(1).............  Civil Asset         ..................  Min 342, Max 6,834  Min 348, Max 6,946  Min 355, Max 7,088  Min 370, Max
                                   Forfeiture Reform                                                                                   7,395.
                                   Act of 2000;
                                   Penalty for
                                   Frivolous
                                   Assertion of
                                   Claim.
18 U.S.C. 1956(b)...............  Money Laundering    ..................  21,563............  21,916............  22,363............  23,331.
                                   Control Act of
                                   1986; Violation
                                   \8\.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 37008]]

 
                                                                           DEA
--------------------------------------------------------------------------------------------------------------------------------------------------------
21 U.S.C. 844a(a)...............  Anti-Drug Abuse     28 CFR 76.3(a)....  19,787............  20,111............  20,521............  21,410.
                                   Act of 1988;
                                   Possession of
                                   small amounts of
                                   controlled
                                   substances (per
                                   violation).
21 U.S.C. 961(1)................  Controlled          28 CFR 85.3(d)....  68,750............  69,875............  71,301............  74,388.
                                   Substance Import
                                   Export Act; Drug
                                   abuse, import or
                                   export.
21 U.S.C. 842(c)(1)(A)..........  Controlled          ..................  62,500............  63,523............  64,820............  67,627.
                                   Substances Act
                                   (``CSA'');
                                   Violations of
                                   842(a)--other
                                   than (5), (10),
                                   (16), and (17) --
                                   Prohibited acts
                                   re: controlled
                                   substances (per
                                   violation).
21 U.S.C. 842(c)(1)(B)(i).......  CSA; Violations of  ..................  14,502............  14,739............  15,040............  15,691.
                                   842(a)(5), (10),
                                   and (17)--
                                   Prohibited acts
                                   re: controlled
                                   substances.
21 U.S.C. 842(c)(1)(B)(ii)......  SUPPORT for         ..................  ..................  ..................  100,000 (Statutory  101,764.
                                   Patients and                                                                    amount of new
                                   Communities Act;                                                                penalty enacted
                                   Violations of                                                                   10/24/18) \11\.
                                   842(b)(ii)--Failu
                                   res re: opioids.
21 U.S.C. 842(c)(1)(C)..........  CSA; Violation of   ..................  500,855...........  509,049...........  519,439...........  541,933.
                                   825(e) by
                                   importer,
                                   exporter,
                                   manufacturer, or
                                   distributor--Fals
                                   e labeling of
                                   anabolic steroids
                                   (per violation).
21 U.S.C. 842(c)(1)(D)..........  CSA; Violation of   ..................  1,002.............  1,018.............  1,039.............  1,084.
                                   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...........  389,550...........  406,419.
                                   842(a)(11) by a
                                   business--Distrib
                                   ution of
                                   laboratory supply
                                   with reckless
                                   disregard \9\.
21 U.S.C. 842(c)(2)(D)..........  SUPPORT for         ..................  ..................  ..................  500,000 (Statutory  508,820.
                                   Patients and                                                                    amount of new
                                   Communities Act;                                                                penalty enacted
                                   Violations of                                                                   10/24/18) \11\.
                                   842(a)(5), (10),
                                   and (17) by a
                                   registered
                                   manufacture or
                                   distributor of
                                   opioids. Failures
                                   re: opioids.
21 U.S.C. 856(d)................  Illicit Drug Anti-  ..................  321,403...........  326,661...........  333,328...........  374,763.
                                   Proliferation Act
                                   of 2003;
                                   Maintaining drug-
                                   involved premises
                                   \10\.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 37009]]

 
                                                              Immigration-Related Penalties
--------------------------------------------------------------------------------------------------------------------------------------------------------
8 U.S.C. 1324a(e)(4)(A)(i)......  Immigration Reform  28 CFR              Min 539, Max 4,313  Min 548, Max 4,384  Min 559, Max 4,473  Min 583, Max
                                   and Control Act     68.52(c)(1)(i).                                                                 4,667.
                                   of 1986
                                   (``IRCA'');
                                   Unlawful
                                   employment of
                                   aliens, first
                                   order (per
                                   unauthorized
                                   alien).
8 U.S.C. 1324a(e)(4)(A)(ii).....  IRCA; Unlawful      28 CFR              Min 4,313, Max      Min 4,384, Max      Min 4,473, Max      Min 4,667, Max
                                   employment of       68.52(c)(1)(ii).    10,781.             10,957.             11,181.             11,665.
                                   aliens, second
                                   order (per such
                                   alien).
8 U.S.C. 1324a(e)(4)(A)(iii)....  IRCA; Unlawful      28 CFR              Min 6,469, Max      Min 6,575, Max      Min 6,709, Max      Min 6,999, Max
                                   employment of       68.52(c)(1)(iii).   21,563.             21,916.             22,363.             23,331.
                                   aliens,
                                   subsequent order
                                   (per such alien).
8 U.S.C. 1324a(e)(5)............  IRCA; Paperwork     28 CFR 68.52(c)(5)  Min 216, Max 2,156  Min 220, Max 2,191  Min 224, Max 2,236  Min 234, Max
                                   violation (per                                                                                      2,332.
                                   relevant
                                   individual).
8 U.S.C. 1324a, (note)..........  IRCA; Violation     28 CFR 68.52(c)(6)  Min 751, Max 1,502  Min 763, Max 1,527  Min 779, Max 1,558  Min 813, Max
                                   relating to                                                                                         1,625.
                                   participating
                                   employer's
                                   failure to notify
                                   of final
                                   nonconfirmation
                                   of employee's
                                   employment
                                   eligibility (per
                                   relevant
                                   individual).
8 U.S.C. 1324a(g)(2)............  IRCA; Violation/    28 CFR 68.52(c)(7)  2,156.............  2,191.............  2,236.............  2,332.
                                   prohibition of
                                   indemnity bonds
                                   (per violation).
8 U.S.C. 1324b(g)(2)(B)(iv)(I)..  IRCA; Unfair        28 CFR              Min 445, Max 3,563  Min 452, Max 3,621  Min 461, Max 3,695  Min 481, Max
                                   immigration-        68.52(d)(1)(viii).                                                              3,855.
                                   related
                                   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, Max      Min 3,621, Max      Min 3,695, Max      Min 3,855, Max
                                   immigration-        68.52(d)(1)(ix).    8,908.              9,054.              9,239.              9,639.
                                   related
                                   employment
                                   practices, second
                                   order (per
                                   individual
                                   discriminated
                                   against).
8 U.S.C. 1324b(g)(2)(B)(iv)(III)  IRCA; Unfair        28 CFR              Min 5,345, Max      Min 5,432, Max      Min 5,543, Max      Min 5,783, Max
                                   immigration-        68.52(d)(1)(x).     17,816.             18,107.             18,477.             19,277.
                                   related
                                   employment
                                   practices,
                                   subsequent order
                                   (per individual
                                   discriminated
                                   against).
8 U.S.C. 1324b(g)(2)(B)(iv)(IV).  IRCA; Unfair        28 CFR              Min 178, Max 1,782  Min 181, Max 1,811  Min 185, Max 1,848  Min 193, Max
                                   immigration-        68.52(d)(1)(xii).                                                               1,928.
                                   related
                                   employment
                                   practices, unfair
                                   documentary
                                   practices (per
                                   individual
                                   discriminated
                                   against).
8 U.S.C. 1324c(d)(3)(A).........  IRCA; Document      28 CFR              Min 445, Max 3,563  Min 452, Max 3,621  Min 461, Max 3,695  Min 481, Max
                                   fraud, first        68.52(e)(1)(i).                                                                 3,855.
                                   order--for
                                   violations
                                   described in
                                   U.S.C.
                                   1324c(a)(1)-(4)
                                   (per document).
8 U.S.C. 1324c(d)(3)(B).........  IRCA; Document      28 CFR              Min 3,563, Max      Min 3,621, Max      Min 3,695, Max      Min 3,855, Max
                                   fraud, subsequent   68.52(e)(1)(iii).   8,908.              9,054.              9,239.              9,639.
                                   order--for
                                   violations
                                   described in
                                   U.S.C.
                                   1324c(a)(1)-(4)
                                   (per document).

[[Page 37010]]

 
8 U.S.C. 1324c(d)(3)(A).........  IRCA; Document      28 CFR              Min 376, Max 3,005  Min 382, Max 3,054  Min 390, Max 3,116  Min 407, Max
                                   fraud, first        68.52(e)(1)(ii).                                                                3,251.
                                   order--for
                                   violations
                                   described in
                                   U.S.C.
                                   1324c(a)(5)-(6)
                                   (per document).
8 U.S.C. 1324c(d)(3)(B).........  IRCA; Document      28 CFR              Min 3,005, Max      Min 3,054, Max      Min 3,116, Max      Min 3,251, Max
                                   fraud, subsequent   68.52(e)(1)(iv).    7,512.              7,635.              7,791.              8,128.
                                   order--for
                                   violations
                                   described in
                                   U.S.C.
                                   1324c(a)(5)-(6)
                                   (per document).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           FBI
--------------------------------------------------------------------------------------------------------------------------------------------------------
49 U.S.C. 30505(a)..............  National Motor      ..................  1,591.............  1,617.............  1,650.............  1,722.
                                   Vehicle Title
                                   Identification
                                   System; Violation
                                   (per violation).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Office of Justice Programs
--------------------------------------------------------------------------------------------------------------------------------------------------------
34 U.S.C. 10231(d)..............  Confidentiality of  28 CFR 20.25......  27,500............  27,950............  28,520............  29,755.
                                   information;
                                   State and Local
                                   Criminal History
                                   Record
                                   Information
                                   Systems--Right to
                                   Privacy Violation.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The figures set forth in this column represent the penalty as last adjusted by Department of Justice regulation on January 29, 2018.
\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).
\11\ The SUPPORT for Patients and Communities Act, Public Law 115-271, was enacted October 24, 2018.


    Dated: May 13, 2020.
William P. Barr,
Attorney General.
[FR Doc. 2020-10905 Filed 6-18-20; 8:45 am]
BILLING CODE 4410-19-P