Civil Monetary Penalties Inflation Adjustment for 2021, 70740-70746 [2021-26817]
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Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / Rules and Regulations
representations and the visa application
and other relevant documentation—
(i) The proper immigrant
classification, if any, of the visa
applicant, and
(ii) The applicant’s eligibility to
receive a visa.
(2) The officer has the authority to
require that the alien answer any
question deemed material to these
determinations.
(c) Certain repeat applications due to
COVID–19. The personal appearance
and interview of any applicant for an
immigrant visa may be waived in the
discretion of the consular officer until
December 13, 2023, provided that—
(1) The applicant was issued a U.S.
immigrant visa on or after August 4,
2019, and is:
(i) Seeking an immigrant visa in the
same classification and pursuant to the
same approved petition as the
previously issued immigrant visa; or
(ii) Seeking an immigrant visa
pursuant to the same approved petition
as the previously issued immigrant visa
but in a classification that automatically
converted from the classification of the
previously issued immigrant visa due to
the death or naturalization of the
petitioner;
(2) The applicant qualifies for an
immigrant visa in the same
classification as the previously issued
immigrant visa, or in another
classification as a result of automatic
conversion from the classification of the
previously issued immigrant visa due to
the death or naturalization of the
petitioner, and pursuant to the same
approved petition as the previously
issued immigrant visa; and
(3) The applicant has not undergone
a change in circumstances that could
affect the applicant’s eligibility for the
visa.
■ 3. Effective December 13, 2021,
through December 13, 2023, in § 42.67,
add paragraph (a)(4) to read as follows:
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§ 42.67 Execution of application,
registration, and fingerprinting.
(a) * * *
(4) Form of attestation for certain
repeat applications due to COVID–19.
The swearing to or signature of an
application before a consular officer by
an immigrant visa applicant may be
waived in the discretion of the consular
officer until December 13, 2023,
provided the applicant is willing to
affirm under penalty of perjury to the
information provided on Form DS–260
or Form DS–230.
*
*
*
*
*
■ 4. Effective December 13, 2023, revise
§ 42.62 to read as follows:
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15:56 Dec 10, 2021
Jkt 256001
§ 42.62 Personal appearance and interview
of applicant.
(a) Personal appearance of applicant
before consular officer. Every alien
applying for an immigrant visa,
including an alien whose application is
executed by another person pursuant to
§ 42.63(a)(2), shall be required to appear
personally before a consular officer for
the execution of the application or, if in
Taiwan, before a designated officer of
the American Institute in Taiwan,
except that the personal appearance of
any child under the age of 14 may be
waived at the officer’s discretion.
(b) Interview by consular officer. (1)
Every alien executing an immigrant visa
application must be interviewed by a
consular officer who shall determine on
the basis of the applicant’s
representations and the visa application
and other relevant documentation—
(i) The proper immigrant
classification, if any, of the visa
applicant, and
(ii) The applicant’s eligibility to
receive a visa.
(2) The officer has the authority to
require that the alien answer any
question deemed material to these
determinations.
Kevin E. Bryant,
Deputy Director, Office of Directives
Management, U.S. Department of State.
[FR Doc. 2021–26657 Filed 12–10–21; 8:45 am]
BILLING CODE 4710–06–P
DEPARTMENT OF JUSTICE
28 CFR Part 85
[Docket No. OAG 173; AG Order No. 5236–
2021]
Civil Monetary Penalties Inflation
Adjustment for 2021
Department of Justice.
Final rule.
AGENCY:
ACTION:
The Department of Justice is
adjusting for inflation the civil monetary
penalties assessed or enforced by
components of the Department, in
accordance with the provisions of the
Bipartisan Budget Act of 2015, for
penalties assessed after December 13,
2021 with respect to violations
occurring after November 2, 2015.
DATES: This rule is effective December
13, 2021.
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).
SUMMARY:
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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 13525).
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.
Most recently, the Department
published a final rule on June 19, 2020
(85 FR 37004), to adjust the
Department’s civil money penalties. The
Department did not publish an inflation
adjustment rule in 2019, but the 2020
adjustments incorporated the civil
penalty adjustments for both 2019 and
2020, so that the current penalty
amounts are the same as if two separate
rules had been published.
II. Inflation Adjustments Made by This
Rule
As required, the Department is
publishing this final rule to adjust for
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2021 the civil penalties that were most
recently adjusted as of June 19, 2020.
Under the statutory formula, the
adjustments made by this rule are based
on the Bureau of Labor Statistics’
Consumer Price Index for October 2020.
The Office of Management and Budget
(OMB) Memorandum for the Heads of
Executive Departments and Agencies
M–21–10 (Dec. 23, 2020) https://
www.whitehouse.gov/wp-content/
uploads/2020/12/M-21-10.pdf (last
visited January 6, 2021), instructs that
the applicable inflation factor for this
adjustment is 1.01182.
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).
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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 2018, where the applicable
inflation factor is 1.02041, the existing
penalty of $10,957 was multiplied by
1.02041 and revised to $11,181
(rounded to the nearest dollar).
• Had an adjustment rule been
published in 2019, where the applicable
inflation factor was 1.02041, the existing
penalty of $11,181 would have been
multiplied by 1.02522 and revised to
$11,463 (rounded to the nearest dollar).
• For the final rule in 2020 (in which
the ending 2019 penalty amounts were
used as the starting penalty amounts for
purposes of calculation) the starting
penalty of $11,463 was multiplied by
1.01764 and revised to $11,665
(rounded to the nearest dollar.)
• For this final rule in 2021, where
the applicable inflation factor is
1.01182, the existing penalty of $11,665
is multiplied by 1.01182 and revised to
$11,803 (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.
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III. Effective Date of Adjusted Civil
Penalty Amounts
Under this rule, the adjusted civil
penalty amounts are applicable only to
civil penalties assessed after December
13, 2021, 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).
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
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70741
(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 June 19, 2020.
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.
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Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / Rules and Regulations
§ 85.5 Adjustments to penalties for
violations occurring after November 2,
2015.
List of Subjects in 28 CFR Part 85
Administrative practice and
procedure, Penalties.
Accordingly, for the reasons set forth
in the preamble, chapter I of title 28 of
the Code of Federal Regulations is
amended as follows:
PART 85—CIVIL MONETARY
PENALTIES INFLATION ADJUSTMENT
1. The authority citation for part 85
continues to read as follows:
■
Authority: 5 U.S.C. 301, 28 U.S.C. 503;
Pub. L. 101–410, 104 Stat. 890, as amended
by Pub. L. 104–134, 110 Stat. 1321; Pub. L.
114–74, section 701, 28 U.S.C. 2461 note.
2. Section 85.5 is revised to read as
follows:
■
For civil penalties assessed after
December 13, 2021, 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 eighth column of table 1 to
this section. For civil penalties assessed
after June 19, 2020, and on or before
December 13, 2021, 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 table 1
to this section. 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 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 § 85.5
U.S.C. citation
Name/description
CFR citation
DOJ penalty
assessed after
8/1/16
($)
DOJ penalty
assessed after
2/3/17
($)
DOJ penalty
assessed after
1/29/2018
($)
DOJ penalty
assessed after
6/19/2020
($) 1
DOJ penalty
assessed after
12/13/2021 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.
.............................
8,162 ................
8,296 ................
8,465 ................
8,831 ................
8,935.
.............................
2,985 ................
3,034 ................
3,096 ................
3,230 ................
3,268.
Civil Division
12 U.S.C. 1833a(b)(1) ...
12 U.S.C. 1833a(b)(2) ...
12 U.S.C. 1833a(b)(2) ...
22 U.S.C. 2399b(a)(3)(A)
31 U.S.C. 3729(a) ..........
31 U.S.C. 3802(a)(1) .....
31 U.S.C. 3802(a)(2) .....
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40 U.S.C. 123(a)(1)(A) ...
41 U.S.C. 8706(a)(1)(B)
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.
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)).
15:56 Dec 10, 2021
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28 CFR
85.3(a)(6).
1,893,610 .........
1,924,589 .........
1,963,870 .........
2,048,915 .........
2,073,133.
28 CFR
85.3(a)(7).
28 CFR
85.3(a)(7).
28 CFR
85.3(a)(8).
1,893,610 .........
1,924,589 .........
1,963,870 .........
2,048,915 .........
2,073,133.
9,468,050 .........
9,622,947 .........
9,819,351 .........
10,244,577 .......
10,365,668.
5,500 ................
5,590 ................
5,704 ................
5,951 ................
6,021.
28 CFR
85.3(a)(9).
28 CFR 71.3(a) ..
Min 10,781,
Max 21,563.
10,781 ..............
Min 10,957,
Max 21,916.
10,957 ..............
Min 11,181,
Max 22,363.
11,181 ..............
Min 11,665,
Max 23,331.
11,665 ..............
Min 11,803 Max
23,607.
11,803.
28 CFR 71.3(f) ...
10,781 ..............
10,957 ..............
11,181 ..............
11,665 ..............
11,803.
28 CFR
85.3(a)(12).
5,500 ................
5,590 ................
5,704 ................
5,951 ................
6,021.
28 CFR
85.3(a)(13).
21,563 ..............
21,916 ..............
22,363 ..............
23,331 ..............
23,607.
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TABLE 1 TO § 85.5—Continued
U.S.C. citation
Name/description
CFR citation
DOJ penalty
assessed after
8/1/16
($)
DOJ penalty
assessed after
2/3/17
($)
DOJ penalty
assessed after
1/29/2018
($)
DOJ penalty
assessed after
6/19/2020
($) 1
18 U.S.C. 2723(b) ..........
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).
.............................
7,954 ................
8,084 ................
8,249 ................
8,606 ................
8,708.
28 CFR 85.3(c) ..
94,681 ..............
96,230 ..............
98,194 ..............
102,446 ............
103,657.
.............................
98,935 ..............
100,554 ............
102,606 ............
107,050 ............
108,315.
.............................
989,345 ............
1,005,531 .........
1,026,054 .........
1,070,487 .........
1,083,140.
.............................
12,500 ..............
12,705 ..............
12,964 ..............
13,525 ..............
13,685.
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
12/13/2021 2
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) .....
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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.
Fair Housing Act of
1968; subsequent violation.
Americans With Disabilities Act; Public accommodations for individuals with disabilities, first violation.
Americans With Disabilities Act; Public accommodations for individuals with disabilities subsequent violation.
Servicemembers Civil
Relief Act of 2003;
first violation.
Servicemembers Civil
Relief Act of 2003;
subsequent violation.
28 CFR
85.3(b)(1)(i).
15,909 ..............
16,169 ..............
16,499 ..............
17,161 ..............
17,364.
28 CFR
85.3(b)(1)(ii).
23,863 ..............
24,253 ..............
24,748 ..............
25,820 ..............
26,125.
28 CFR
85.3(b)(2)(i).
23,863 ..............
24,253 ..............
24,748 ..............
25,820 ..............
26,125.
28 CFR
85.3(b)(2)(ii).
39,772 ..............
40,423 ..............
41,248 ..............
43,034 ..............
43,543.
28 CFR
85.3(b)(3)(i).
28 CFR
85.3(b)(3)(ii).
98,935 ..............
100,554 ............
102,606 ............
107,050 ............
108,315.
197,869 ............
201,106 ............
205,211 ............
214,097 ............
216,628.
28 CFR
36.504(a)(3)(i).
89,078 ..............
90,535 ..............
92,383 ..............
96,384 ..............
97,523.
28 CFR
36.504(a)(3)(ii).
178,156 ............
181,071 ............
184,767 ............
192,768 ............
195,047.
28 CFR
85.3(b)(4)(i).
59,810 ..............
60,788 ..............
62,029 ..............
64,715 ..............
65,480.
28 CFR
85.3(b)(4)(ii).
119,620 ............
121,577 ............
124,058 ............
129,431 ............
130,961.
Min 348, Max
6,946.
Min 355, Max
7,088.
Min 370, Max
7,395.
Min 374, Max
7,482.
Criminal Division
18 U.S.C. 983(h)(1) .......
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Civil Asset Forfeiture
Reform Act of 2000;
Penalty for Frivolous
Assertion of Claim.
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.............................
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Min 342, Max
6,834.
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TABLE 1 TO § 85.5—Continued
U.S.C. citation
Name/description
CFR citation
DOJ penalty
assessed after
8/1/16
($)
DOJ penalty
assessed after
2/3/17
($)
DOJ penalty
assessed after
1/29/2018
($)
DOJ penalty
assessed after
6/19/2020
($) 1
18 U.S.C. 1956(b) ..........
Money Laundering Control Act of 1986; Violation 8.
.............................
21,563 ..............
21,916 ..............
22,363 ..............
23,331 ..............
23,607.
DOJ penalty
assessed after
12/13/2021 2
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)(i)
21 U.S.C. 842(c)(1)(B)(ii)
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. 842(c)(2)(D) ...
21 U.S.C. 856(d) ............
Anti-Drug Abuse Act of
1988; Possession of
small amounts of controlled substances
(per violation).
Controlled Substance
Import Export Act;
Drug abuse, import or
export.
Controlled Substances
Act (‘‘CSA’’); Violations of 842(a)—other
than (5), (10), (16)
and (17)—Prohibited
acts re: Controlled
substances (per violation).
CSA; Violations of
842(a)(5), (10), and
(17)—Prohibited acts
re: Controlled substances.
SUPPORT for Patients
and Communities Act;
Violations of
842(b)(ii)—Failures
re: Opioids.
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.
SUPPORT for Patients
and Communities Act;
Violations of
842(a)(5), (10) and
(17) by a registered
manufacture or distributor of opioids.
Failures re: Opioids.
Illicit Drug Anti-Proliferation Act of 2003;
Maintaining drug-involved premises 10.
28 CFR 76.3(a) ..
19,787 ..............
20,111 ..............
20,521 ..............
21,410 ..............
21,663.
28 CFR 85.3(d) ..
68,750 ..............
69,875 ..............
71,301 ..............
74,388 ..............
75,267.
.............................
62,500 ..............
63,523 ..............
64,820 ..............
67,627 ..............
68,426.
.............................
14,502 ..............
14,739 ..............
15,040 ..............
15,691 ..............
15,876.
.............................
..........................
..........................
101,764 ............
102,967.
.............................
500,855 ............
509,049 ............
100,000 (Statutory amount
of new penalty enacted
10/24/18) 11.
519,439 ............
541,933 ............
548,339.
.............................
1,002 ................
1,018 ................
1,039 ................
1,084 ................
1,097.
.............................
375,613 ............
381,758 ............
389,550 ............
406,419 ............
411,223.
.............................
..........................
..........................
500,000 (Statutory amount
of new penalty enacted
10/24/18) 11.
508,820 ............
514,834.
.............................
321,403 ............
326,661 ............
333,328 ............
374,763 ............
379,193.
Immigration-Related Penalties
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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).
VerDate Sep<11>2014
Immigration Reform and
Control Act of 1986
(‘‘IRCA’’); Unlawful
employment of aliens,
first order (per unauthorized alien).
IRCA; Unlawful employment of aliens, second order (per such
alien).
IRCA; Unlawful employment of aliens, subsequent order (per such
alien).
15:56 Dec 10, 2021
Jkt 256001
28 CFR
68.52(c)(1)(i).
Min 539, Max
4,313.
Min 548, Max
4,384.
Min 559, Max
4,473.
Min 583, Max
4,667.
Min 590, Max
4,722.
28 CFR
68.52(c)(1)(ii).
Min 4,313, Max
10,781.
Min 4,384, Max
10,957.
Min 4,473, Max
11,181.
Min 4,667, Max
11,665.
Min 4,722, Max
11,803.
28 CFR
68.52(c)(1)(iii).
Min 6,469, Max
21,563.
Min 6,575, Max
21,916.
Min 6,709, Max
22,363.
Min 6,999, Max
23,331.
Min 7,082, Max
23,607.
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TABLE 1 TO § 85.5—Continued
U.S.C. citation
Name/description
8 U.S.C. 1324a(e)(5) .....
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
U.S.C. 1324c(a)(1)–
(4) (per document).
IRCA; Document fraud,
subsequent order—for
violations described in
U.S.C. 1324c(a)(1)–
(4) (per document).
IRCA; Document fraud,
first order—for violations described in
U.S.C. 1324c(a)(5)–
(6) (per document).
IRCA; Document fraud,
subsequent order—for
violations described in
U.S.C. 1324c(a)(5)–
(6) (per document).
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)
CFR citation
DOJ penalty
assessed after
8/1/16
($)
DOJ penalty
assessed after
2/3/17
($)
DOJ penalty
assessed after
1/29/2018
($)
DOJ penalty
assessed after
6/19/2020
($) 1
DOJ penalty
assessed after
12/13/2021 2
28 CFR
68.52(c)(5).
Min 216, Max
2,156.
Min 220, Max
2,191.
Min 224, Max
2,236.
Min 234, Max
2,332.
Min 237, Max
2,360.
28 CFR
68.52(c)(6).
Min 751, Max
1,502.
Min 763, Max
1,527.
Min 779, Max
1,558.
Min 813, Max
1,625.
Min 823, Max
1,644.
28 CFR
68.52(c)(7).
2,156 ................
2,191 ................
2,236 ................
2,332 ................
2,360.
28 CFR
68.52(d)(1)(viii).
Min 445, Max
3,563.
Min 452, Max
3,621.
Min 461, Max
3,695.
Min 481, Max
3,855.
Min 487, Max
3,901.
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.
Min 3,855, Max
9,639.
Min 3,901, Max
9,753.
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.
Min 5,783, Max
19,277.
Min 5,851, Max
19,505.
28 CFR
68.52(d)(1)(xii).
Min 178, Max
1,782.
Min 181, Max
1,811.
Min 185, Max
1,848.
Min 193, Max
1,928.
Min 195, Max
1,951.
28 CFR
68.52(e)(1)(i).
Min 445, Max
3,563.
Min 452, Max
3,621.
Min 461, Max
3,695.
Min 481, Max
3,855.
Min 487, Max
3,901.
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.
Min 3,855, Max
9,639.
Min 3,901, Max
9,753.
28 CFR
68.52(e)(1)(ii).
Min 376, Max
3,005.
Min 382, Max
3,054.
Min 390, Max
3,116.
Min 407, Max
3,251.
Min 412, Max
3,289.
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.
Min 3,251, Max
8,128.
Min 3,289, Max
8,224.
1,617 ................
1,650 ................
1,722 ................
1,742.
28,520 ..............
29,755 ..............
30,107
FBI
49 U.S.C. 30505(a) ........
National Motor Vehicle
Title Identification
System; Violation (per
violation).
.............................
1,591 ................
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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 part
2025.
27,500 ..............
27,950 ..............
1 The
2 All
figures set forth in this column represent the penalty as last adjusted by Department of Justice regulation on June 19, 2020.
figures set forth in this table are maximum penalties, unless otherwise indicated.
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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). 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. 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 41 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). 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). 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). 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. 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). The
Federal Emergency Management Agency has promulgated regulations regarding this statute and has adjusted the penalty in its regulation. 44 CFR 206.14(d). The
Department of Health and Human Services (HHS) has also promulgated a regulation regarding the penalty under this statute. 42 CFR 38.8.
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). 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). 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). 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: November 22, 2021.
Merrick B. Garland,
Attorney General.
[FR Doc. 2021–26817 Filed 12–10–21; 8:45 am]
BILLING CODE 4410–19–P
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 233
[Docket ID: DOD–2019–OS–0103]
RIN 0790–AK90
Federal Voting Assistance Program
(FVAP)
Office of the Under Secretary of
Defense for Personnel and Readiness,
Department of Defense (DoD).
AGENCY:
ACTION:
Final rule.
DoD is finalizing policy for
the Federal Voting Assistance Program
(FVAP) based on a March 6, 2020,
interim final rule. The FVAP assists
overseas Service members and other
overseas citizens with exercising their
voting rights by serving as a critical
resource to successfully register to vote.
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
DATES:
This rule is effective January 12,
2022.
FOR FURTHER INFORMATION CONTACT:
David Beirne, (571) 372–0727.
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
15:56 Dec 10, 2021
Jkt 256001
Background
In the March 6, 2020, interim rule (85
FR 13045), DoD proposed amendments
to:
• Include the United States Maritime
Administration (MARAD) under
agreement with the Department of
Transportation and the United States
Postal Service (USPS).
• Require DoD components to
establish component-wide programs to
communicate and disseminate voting
information, with the goal of improving
communication and clarity for the
impacted population.
• Require Federal Agencies to enter
into memorandums of understanding
(MOU) with DoD to provide accurate,
nonpartisan voting information and
assistance to ensure military and
overseas voters understand their voting
rights, how to register and apply for an
absentee ballot, and how to return their
absentee ballot successfully.
Legal Basis
The FVAP administers the Uniformed
and Overseas Citizens Absentee Act
(UOCAVA) on behalf of the Secretary of
Defense, as the Presidential designee
under 52 U.S.C. 20301(a) and Executive
Order (E.O.) 12642, ‘‘Designation of
Secretary of Defense as Presidential
Designee’’ (53 FR 21975, June 8, 1988).
United States citizens under
UOCAVA include:
• Members and eligible family
members of the Uniformed Services
(Army, Navy, Marine Corps, Air Force,
Space Force, Coast Guard, United States
Public Health Service Commissioned
PO 00000
Frm 00058
Fmt 4700
Sfmt 4700
Corps, and National Oceanic and
Atmospheric Administration
Commissioned Corps).
• Members of the Merchant Marine.
• U.S. citizens residing outside of the
United States.
Under 52 U.S.C. 20506, State voter
registration agencies must provide
individuals the opportunity to register
to vote or to change their voter
registration data when they apply for or
receive services or assistance. The
Secretary of Defense, under 10 U.S.C.
1566, must prescribe regulations to
require the Military Services (Army,
Navy, Air Force, and Marine Corps) to
implement voting assistance programs
that comply with DoD directives.
Finally, 52 U.S.C. 22301(c)(1) requires
Government departments, agencies, and
other entities, upon the Presidential
designee’s request to distribute balloting
materials and cooperate in carrying out
UOCAVA.
Additional information regarding
internal DoD processes related to this
program is contained in DoD Instruction
1000.04, ‘‘Federal Voting Assistance
Program (FVAP),’’ which is publicly
available at https://www.esd.whs.mil/
Portals/54/Documents/DD/issuances/
dodi/100004p.pdf?ver=2017-12-01105434-817.
Discussion of Comments
Twelve comments were received on
the interim rule. While one comment
was not pertinent, a summary of the
remaining 11 comments and the
Department’s responses are below.
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]]>Agencies
[Federal Register Volume 86, Number 236 (Monday, December 13, 2021)]
[Rules and Regulations]
[Pages 70740-70746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26817]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
28 CFR Part 85
[Docket No. OAG 173; AG Order No. 5236-2021]
Civil Monetary Penalties Inflation Adjustment for 2021
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 December 13, 2021 with
respect to violations occurring after November 2, 2015.
DATES: This rule is effective December 13, 2021.
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 13525).
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.
Most recently, the Department published a final rule on June 19,
2020 (85 FR 37004), to adjust the Department's civil money penalties.
The Department did not publish an inflation adjustment rule in 2019,
but the 2020 adjustments incorporated the civil penalty adjustments for
both 2019 and 2020, so that the current penalty amounts are the same as
if two separate rules had been published.
II. Inflation Adjustments Made by This Rule
As required, the Department is publishing this final rule to adjust
for
[[Page 70741]]
2021 the civil penalties that were most recently adjusted as of June
19, 2020. Under the statutory formula, the adjustments made by this
rule are based on the Bureau of Labor Statistics' Consumer Price Index
for October 2020. The Office of Management and Budget (OMB) Memorandum
for the Heads of Executive Departments and Agencies M-21-10 (Dec. 23,
2020) https://www.whitehouse.gov/wp-content/uploads/2020/12/M-21-10.pdf
(last visited January 6, 2021), instructs that the applicable inflation
factor for this adjustment is 1.01182.
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 2018, where the applicable inflation factor is
1.02041, the existing penalty of $10,957 was multiplied by 1.02041 and
revised to $11,181 (rounded to the nearest dollar).
Had an adjustment rule been published in 2019, where the
applicable inflation factor was 1.02041, the existing penalty of
$11,181 would have been multiplied by 1.02522 and revised to $11,463
(rounded to the nearest dollar).
For the final rule in 2020 (in which the ending 2019
penalty amounts were used as the starting penalty amounts for purposes
of calculation) the starting penalty of $11,463 was multiplied by
1.01764 and revised to $11,665 (rounded to the nearest dollar.)
For this final rule in 2021, where the applicable
inflation factor is 1.01182, the existing penalty of $11,665 is
multiplied by 1.01182 and revised to $11,803 (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 December 13, 2021, 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).
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 June 19, 2020.
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.
[[Page 70742]]
List of Subjects in 28 CFR Part 85
Administrative practice and procedure, Penalties.
Accordingly, for the reasons set forth in the preamble, chapter I
of title 28 of the Code of Federal Regulations is amended as follows:
PART 85--CIVIL MONETARY PENALTIES INFLATION ADJUSTMENT
0
1. The authority citation for part 85 continues to read as follows:
Authority: 5 U.S.C. 301, 28 U.S.C. 503; Pub. L. 101-410, 104
Stat. 890, as amended by Pub. L. 104-134, 110 Stat. 1321; Pub. L.
114-74, section 701, 28 U.S.C. 2461 note.
0
2. Section 85.5 is revised to read as follows:
Sec. 85.5 Adjustments to penalties for violations occurring after
November 2, 2015.
For civil penalties assessed after December 13, 2021, 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 eighth column of table 1 to
this section. For civil penalties assessed after June 19, 2020, and on
or before December 13, 2021, 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 table 1 to this section. 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 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 DOJ penalty
U.S.C. citation Name/description CFR citation assessed after 8/ assessed after 2/ assessed after 6/19/2020 ($) assessed after
1/16 ($) 3/17 ($) 1/29/2018 ($) \1\ 12/13/2021 \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
ATF
--------------------------------------------------------------------------------------------------------------------------------------------------------
18 U.S.C. 922(t)(5).......... Brady Law--Nat'l ................ 8,162........... 8,296........... 8,465.......... 8,831.......... 8,935.
Instant
Criminal Check
System;
Transfer of
firearm without
checking NICS.
18 U.S.C. 924(p)............. Child Safety ................ 2,985........... 3,034........... 3,096.......... 3,230.......... 3,268.
Lock Act;
Secure gun
storage or
safety device,
violation.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Civil Division
--------------------------------------------------------------------------------------------------------------------------------------------------------
12 U.S.C. 1833a(b)(1)........ Financial 28 CFR 1,893,610....... 1,924,589....... 1,963,870...... 2,048,915...... 2,073,133.
Institutions 85.3(a)(6).
Reform,
Recovery, and
Enforcement Act
(FIRREA)
Violation.
12 U.S.C. 1833a(b)(2)........ FIRREA Violation 28 CFR 1,893,610....... 1,924,589....... 1,963,870...... 2,048,915...... 2,073,133.
(continuing) 85.3(a)(7).
(per day).
12 U.S.C. 1833a(b)(2)........ FIRREA Violation 28 CFR 9,468,050....... 9,622,947....... 9,819,351...... 10,244,577..... 10,365,668.
(continuing). 85.3(a)(7).
22 U.S.C. 2399b(a)(3)(A)..... Foreign 28 CFR 5,500........... 5,590........... 5,704.......... 5,951.......... 6,021.
Assistance Act; 85.3(a)(8).
Fraudulent
Claim for
Assistance (per
act).
31 U.S.C. 3729(a)............ False Claims 28 CFR Min 10,781, Max Min 10,957, Max Min 11,181, Max Min 11,665, Max Min 11,803 Max
Act; \3\ 85.3(a)(9). 21,563. 21,916. 22,363. 23,331. 23,607.
Violations.
31 U.S.C. 3802(a)(1)......... Program Fraud 28 CFR 71.3(a).. 10,781.......... 10,957.......... 11,181......... 11,665......... 11,803.
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......... 11,803.
Civil Remedies
Act; Violation
Involving False
Statement (per
statement).
40 U.S.C. 123(a)(1)(A)....... Federal Property 28 CFR 5,500........... 5,590........... 5,704.......... 5,951.......... 6,021.
and 85.3(a)(12).
Administrative
Services Act;
Violation
Involving
Surplus
Government
Property (per
act).
41 U.S.C. 8706(a)(1)(B)...... Anti-Kickback 28 CFR 21,563.......... 21,916.......... 22,363......... 23,331......... 23,607.
Act; Violation 85.3(a)(13).
Involving
Kickbacks \4\
(per
occurrence)).
[[Page 70743]]
18 U.S.C. 2723(b)............ Driver's Privacy ................ 7,954........... 8,084........... 8,249.......... 8,606.......... 8,708.
Protection Act
of 1994;
Prohibition on
Release and Use
of Certain
Personal
Information
from State
Motor Vehicle
Records--Substa
ntial Non-
compliance (per
day).
18 U.S.C. 216(b)............. Ethics Reform 28 CFR 85.3(c).. 94,681.......... 96,230.......... 98,194......... 102,446........ 103,657.
Act of 1989;
Penalties for
Conflict of
Interest Crimes
\5\ (per
violation).
41 U.S.C. 2105(b)(1)......... Office of ................ 98,935.......... 100,554......... 102,606........ 107,050........ 108,315.
Federal
Procurement
Policy Act; \6\
Violation by an
individual (per
violation).
41 U.S.C. 2105(b)(2)......... Office of ................ 989,345......... 1,005,531....... 1,026,054...... 1,070,487...... 1,083,140.
Federal
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......... 13,685.
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 28 CFR 15,909.......... 16,169.......... 16,499......... 17,161......... 17,364.
Access to 85.3(b)(1)(i).
Clinic
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......... 26,125.
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......... 26,125.
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......... 43,543.
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........ 108,315.
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........ 216,628.
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......... 97,523.
Disabilities 36.504(a)(3)(i).
Act; 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........ 195,047.
Disabilities 36.504(a)(3)(ii
Act; 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......... 65,480.
Civil Relief 85.3(b)(4)(i).
Act of 2003;
first violation.
50 U.S.C. 4041(b)(3)......... Servicemembers 28 CFR 119,620......... 121,577......... 124,058........ 129,431........ 130,961.
Civil Relief 85.3(b)(4)(ii).
Act of 2003;
subsequent
violation.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Criminal Division
--------------------------------------------------------------------------------------------------------------------------------------------------------
18 U.S.C. 983(h)(1).......... Civil Asset ................ Min 342, Max Min 348, Max Min 355, Max Min 370, Max Min 374, Max
Forfeiture 6,834. 6,946. 7,088. 7,395. 7,482.
Reform Act of
2000; Penalty
for Frivolous
Assertion of
Claim.
[[Page 70744]]
18 U.S.C. 1956(b)............ Money Laundering ................ 21,563.......... 21,916.......... 22,363......... 23,331......... 23,607.
Control Act of
1986; Violation
\8\.
--------------------------------------------------------------------------------------------------------------------------------------------------------
DEA
--------------------------------------------------------------------------------------------------------------------------------------------------------
21 U.S.C. 844a(a)............ Anti-Drug Abuse 28 CFR 76.3(a).. 19,787.......... 20,111.......... 20,521......... 21,410......... 21,663.
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......... 75,267.
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......... 68,426.
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 ................ 14,502.......... 14,739.......... 15,040......... 15,691......... 15,876.
of 842(a)(5),
(10), and (17)--
Prohibited acts
re: Controlled
substances.
21 U.S.C. 842(c)(1)(B)(ii)... SUPPORT for ................ ................ ................ 100,000 101,764........ 102,967.
Patients and (Statutory
Communities amount of new
Act; Violations penalty
of 842(b)(ii)-- enacted 10/24/
Failures re: 18) \11\.
Opioids.
21 U.S.C. 842(c)(1)(C)....... CSA; Violation ................ 500,855......... 509,049......... 519,439........ 541,933........ 548,339.
of 825(e) by
importer,
exporter,
manufacturer,
or distributor--
False labeling
of anabolic
steroids (per
violation).
21 U.S.C. 842(c)(1)(D)....... CSA; Violation ................ 1,002........... 1,018........... 1,039.......... 1,084.......... 1,097.
of 825(e) at
the retail
level--False
labeling of
anabolic
steroids (per
violation).
21 U.S.C. 842(c)(2)(C)....... CSA; Violation ................ 375,613......... 381,758......... 389,550........ 406,419........ 411,223.
of 842(a)(11)
by a business--
Distribution of
laboratory
supply with
reckless
disregard \9\.
21 U.S.C. 842(c)(2)(D)....... SUPPORT for ................ ................ ................ 500,000 508,820........ 514,834.
Patients and (Statutory
Communities amount of new
Act; Violations penalty
of 842(a)(5), enacted 10/24/
(10) and (17) 18) \11\.
by a registered
manufacture or
distributor of
opioids.
Failures re:
Opioids.
21 U.S.C. 856(d)............. Illicit Drug ................ 321,403......... 326,661......... 333,328........ 374,763........ 379,193.
Anti-
Proliferation
Act of 2003;
Maintaining
drug-involved
premises \10\.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Immigration-Related Penalties
--------------------------------------------------------------------------------------------------------------------------------------------------------
8 U.S.C. 1324a(e)(4)(A)(i)... Immigration 28 CFR Min 539, Max Min 548, Max Min 559, Max Min 583, Max Min 590, Max
Reform and 68.52(c)(1)(i). 4,313. 4,384. 4,473. 4,667. 4,722.
Control Act 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 Min 4,722, Max
employment of 68.52(c)(1)(ii). 10,781. 10,957. 11,181. 11,665. 11,803.
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 Min 7,082, Max
employment of 68.52(c)(1)(iii 21,563. 21,916. 22,363. 23,331. 23,607.
aliens, ).
subsequent
order (per such
alien).
[[Page 70745]]
8 U.S.C. 1324a(e)(5)......... IRCA; Paperwork 28 CFR Min 216, Max Min 220, Max Min 224, Max Min 234, Max Min 237, Max
violation (per 68.52(c)(5). 2,156. 2,191. 2,236. 2,332. 2,360.
relevant
individual).
8 U.S.C. 1324a, (note)....... IRCA; Violation 28 CFR Min 751, Max Min 763, Max Min 779, Max Min 813, Max Min 823, Max
relating to 68.52(c)(6). 1,502. 1,527. 1,558. 1,625. 1,644.
participating
employer's
failure to
notify of final
nonconfirmation
of employee's
employment
eligibility
(per relevant
individual).
8 U.S.C. 1324a(g)(2)......... IRCA; Violation/ 28 CFR 2,156........... 2,191........... 2,236.......... 2,332.......... 2,360.
prohibition of 68.52(c)(7).
indemnity bonds
(per violation).
8 U.S.C. IRCA; Unfair 28 CFR Min 445, Max Min 452, Max Min 461, Max Min 481, Max Min 487, Max
1324b(g)(2)(B)(iv)(I). immigration- 68.52(d)(1)(vii 3,563. 3,621. 3,695. 3,855. 3,901.
related i).
employment
practices,
first order
(per individual
discriminated
against).
8 U.S.C. IRCA; Unfair 28 CFR Min 3,563, Max Min 3,621, Max Min 3,695, Max Min 3,855, Max Min 3,901, Max
1324b(g)(2)(B)(iv)(II). immigration- 68.52(d)(1)(ix). 8,908. 9,054. 9,239. 9,639. 9,753.
related
employment
practices,
second order
(per individual
discriminated
against).
8 U.S.C. IRCA; Unfair 28 CFR Min 5,345, Max Min 5,432, Max Min 5,543, Max Min 5,783, Max Min 5,851, Max
1324b(g)(2)(B)(iv)(III). immigration- 68.52(d)(1)(x). 17,816. 18,107. 18,477. 19,277. 19,505.
related
employment
practices,
subsequent
order (per
individual
discriminated
against).
8 U.S.C. IRCA; Unfair 28 CFR Min 178, Max Min 181, Max Min 185, Max Min 193, Max Min 195, Max
1324b(g)(2)(B)(iv)(IV). immigration- 68.52(d)(1)(xii 1,782. 1,811. 1,848. 1,928. 1,951.
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 Min 452, Max Min 461, Max Min 481, Max Min 487, Max
fraud, first 68.52(e)(1)(i). 3,563. 3,621. 3,695. 3,855. 3,901.
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 Min 3,901, Max
fraud, 68.52(e)(1)(iii 8,908. 9,054. 9,239. 9,639. 9,753.
subsequent ).
order--for
violations
described in
U.S.C.
1324c(a)(1)-(4)
(per document).
8 U.S.C. 1324c(d)(3)(A)...... IRCA; Document 28 CFR Min 376, Max Min 382, Max Min 390, Max Min 407, Max Min 412, Max
fraud, first 68.52(e)(1)(ii). 3,005. 3,054. 3,116. 3,251. 3,289.
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 Min 3,289, Max
fraud, 68.52(e)(1)(iv). 7,512. 7,635. 7,791. 8,128. 8,224.
subsequent
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.......... 1,742.
Vehicle Title
Identification
System;
Violation (per
violation).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Office of Justice Programs
--------------------------------------------------------------------------------------------------------------------------------------------------------
34 U.S.C. 10231(d)........... Confidentiality 28 CFR part 2025 27,500.......... 27,950.......... 28,520......... 29,755......... 30,107
of 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 June 19, 2020.
\2\ All figures set forth in this table are maximum penalties, unless otherwise indicated.
[[Page 70746]]
\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). 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. 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 41 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). 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). 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). 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. 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). The Federal Emergency Management Agency has promulgated regulations regarding this statute and has adjusted the penalty in its
regulation. 44 CFR 206.14(d). The Department of Health and Human Services (HHS) has also promulgated a regulation regarding the penalty under this
statute. 42 CFR 38.8.
\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). 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). 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). 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: November 22, 2021.
Merrick B. Garland,
Attorney General.
[FR Doc. 2021-26817 Filed 12-10-21; 8:45 am]
BILLING CODE 4410-19-P
