Civil Monetary Penalties Inflation Adjustments for 2023, 5776-5781 [2023-01704]
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Federal Register / Vol. 88, No. 19 / Monday, January 30, 2023 / Rules and Regulations
most recently cast (referred to as
‘‘country of most recent cast’’ for
shorthand). These fields are further
described under 19 CFR 361.103(c)(3).
Section 361.103(c)(3)(i)(A) defines the
field for the country of smelt for the
largest volume of primary aluminum as
the country where the largest volume of
new aluminum metal is produced from
alumina (or aluminum oxide) by the
electrolytic Hall–He´roult process.
Recognizing that importers may have
some initial difficulties in securing this
information, 19 CFR 361.103(c)(3)(i)(C)
allowed filers to state ‘‘unknown’’ for
this field on the license application on
a temporary basis through June 28,
2022. Similar to the country of smelt for
the largest volume of primary aluminum
field, 19 CFR 361.103(c)(3)(ii)(A) defines
the field for the country of smelt for the
second largest volume of primary
aluminum as the country where the
second largest volume of new aluminum
metal is produced from alumina (or
aluminum oxide) by the electrolytic
Hall–He´roult process. Section
361.103(c)(3)(ii)(C) also allowed filers to
state ‘‘unknown’’ in this field on a
temporary basis through June 28, 2022.
Effective June 29, 2022, filers may no
longer state ‘‘unknown’’ for these fields.
required licensing fields, particularly
regarding the country of smelt and
country of most recent cast fields, to
ensure accurate data quality in the AIM
monitors.
The AIM monitors are collectively
one of the most frequently visited parts
of the International Trade
Administration website, typically being
viewed over 5,000 times per week.
AIM Monitors
Commerce currently publishes: (1) the
U.S. Aluminum Import Monitor, which
combines data from Census and import
licenses and is updated weekly; (2) the
Country of Most Recent Cast Dashboard
with information on the country where
imported aluminum products were most
recently cast; (3) the Country of Smelt
Dashboard with information on the
country where the primary aluminum
was smelted; and (4) the Global
Aluminum Trade Monitor.
Currently, the AIM licensing system
receives approximately 750 licenses per
day. These licenses are reviewed,
aggregated and published in the public
AIM monitor on a weekly basis. This
monitor allows for near real-time
monitoring of aluminum imports. The
import monitoring system on the public
AIM system website reports certain
information including country of origin,
country of smelt, country of most recent
cast, relevant aluminum product
grouping, etc., and includes import
quantity (metric tons), customs value
(U.S. dollar, USD), and average unit
value (USD/metric ton). Prior to
releasing new data, Commerce engages
in an extensive review of all new
licenses to identify potentially
erroneous applications and contacts
applicants with questions. Commerce
has also engaged in extensive industry
outreach to educate applicants on the
BILLING CODE 3510–DS–P
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Request for Information
Now that 19 CFR part 361 has been
fully in effect since June 29, 2022, and
the Country of Smelt Dashboard was
released in September 2022, Commerce
is seeking additional comment from the
public on potential improvements or
changes to the system. Parties may also
provide further comment on any issue
discussed in the final rule, the May 5,
2021, notification or any topic related to
the AIM system. Responses to this RFI
will inform Commerce’s policies and
procedures related to the AIM system
moving forward.
Dated: January 20, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2023–01464 Filed 1–27–23; 8:45 am]
DEPARTMENT OF JUSTICE
28 CFR Part 85
[Docket No. OLP 175]
Civil Monetary Penalties Inflation
Adjustments for 2023
AGENCY:
ACTION:
Department of Justice.
Final rule.
The Department of Justice is
adjusting for inflation the civil monetary
penalties assessed or enforced by
components of the Department, in
accordance with the provisions of the
Bipartisan Budget Act of 2015, for
penalties assessed after January 30,
2023, with respect to violations
occurring after November 2, 2015.
SUMMARY:
DATES:
This rule is effective January 30,
2023.
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:
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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.
The Department has continued to
promulgate rules adjusting the civil
money penalties for inflation thereafter.
Most recently, the Department
published a final rule on May 5, 2022
(87 FR 27513), to adjust the civil money
penalties to account for inflation
occurring since 2021.
II. Inflation Adjustments Made by This
Rule
As required, the Department is
publishing this final rule to adjust for
2023 the Department’s current civil
penalties. Under the statutory formula,
the adjustments made by this rule are
based on the Bureau of Labor Statistics’
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Consumer Price Index for October 2022.
The OMB Memorandum for the Heads
of Executive Departments and Agencies
M–23–05 (Dec. 15, 2022) https://
www.whitehouse.gov/wp-content/
uploads/2022/12/M-23-05-CMP-CMPGuidance.pdf (last visited Dec. 29,
2022), instructs that the applicable
inflation factor for this adjustment is
1.07745.
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 amount
calculations 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 the final rule in 2021, where the
applicable inflation factor was 1.01182,
the existing penalty of $11,665 was
multiplied by 1.01182 and revised to
$11,803 (rounded to the nearest dollar).
• For the final rule in 2022, where the
applicable inflation factor was 1.06222,
the existing penalty of $11,803 was
multiplied by 1.06222 and revised to
$12,537 (rounded to the nearest dollar).
• For this final rule in 2023, where
the applicable inflation factor is 1.07745
the existing penalty of $12,537 is
multiplied by 1.07745 and revised to
$13,508 (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
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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 for 2023 are applicable
only to civil penalties assessed after
January 30, 2023, with respect to
violations occurring after November 2,
2015, the date of enactment of the BBA.
The penalty amounts set forth in the
existing provisions of 28 CFR 85.5, and
its accompanying table, are applicable
to all covered civil penalties assessed
after August 1, 2016, and on or before
January 30, 2023, with respect to
violations occurring after November 2,
2015.
The revised table in this rule lists the
civil penalty amounts as adjusted in
2023, 2022, 2021, and 2020. For
penalties assessed prior to the
adjustment rule adopted in 2020,
section 85.5(c) of this rule directs
readers back to the 2018 version of the
rule, as published in the Federal
Register, which sets forth the adjusted
civil penalty amounts for penalties
assessed prior to the 2020 adjustments.
83 FR 3944 (Jan. 29, 2018).
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). See 83 FR 3944.
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).
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5777
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 May 9, 2022 (87
FR 27513).
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 rule 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 (as adjusted for
inflation), 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.
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G. Congressional Review Act
This rule is not a major rule as
defined by the Congressional Review
Act, 5 U.S.C. 804.
by Pub. L. 104–134, 110 Stat. 1321; Pub. L.
114–74, section 701, 28 U.S.C. 2461 note.
List of Subjects in 28 CFR Part 85
Administrative practice and
procedure, Penalties.
Under rulemaking authority vested in
the Attorney General in 5 U.S.C. 301; 28
U.S.C. 509, 510 and delegated to the
Assistant Attorney General, Office of
Legal Policy, by A.G. Order No. 5328–
2022, and for the reasons set forth in the
preamble, chapter I of title 28 of the
Code of Federal Regulations is amended
as follows:
§ 85.5 Adjustments to penalties for
violations occurring after November 2,
2015.
2. Section 85.5 is revised to read 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
(a) For civil penalties assessed after
January 30, 2023, 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.
(b) For civil penalties assessed after
May 9, 2022, and on or before January
30, 2023, whose associated violations
occurred after November 2, 2015, the
civil monetary penalties provided by
law within the jurisdiction of the
Department are adjusted as set forth in
the sixth column of table 1 to this
section. For civil penalties assessed after
December 13, 2021, and on or before
May 9, 2022, whose associated
violations occurred after November 2,
2015, the civil monetary penalties
provided by law within the jurisdiction
of the Department are adjusted as set
forth in the fifth column of 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 those set forth in
the fourth column of table 1 to this
section.
(c) For civil penalties assessed on or
before June 19, 2020, the civil monetary
penalties provided by law within the
jurisdiction of the Department are set
forth in this section (revised as of July
1, 2018).
(d) All figures set forth in table 1 to
this section are maximum penalties,
unless otherwise indicated.
TABLE 1 TO § 85.5
U.S.C. citation
Name/description
DOJ penalty
assessed after
6/19/2020
($)
DOJ penalty
assessed after
12/13/2021
($)
DOJ penalty
assessed after
5/9/2022 FN1
($)
................................
$8,831 .................
$8,935 .................
$9,491 .................
$10,226.
................................
3,230 ...................
3,268 ...................
3,471 ...................
3,740.
CFR citation
DOJ penalty
assessed after
1/30/2023 FN2
($)
ATF
18 U.S.C. 922(t)(5) ............
18 U.S.C. 924(p) ................
Brady Law—Nat’l Instant
Criminal Check System
(NICS); Transfer of firearm
without checking NICS.
Child Safety Lock Act; Secure
gun storage or safety device, violation.
Civil Division
12 U.S.C. 1833a(b)(1) .......
12 U.S.C. 1833a(b)(2) .......
12 U.S.C. 1833a(b)(2) .......
22 U.S.C. 2399b(a)(3)(A) ...
31 U.S.C. 3729(a) ..............
31 U.S.C. 3802(a)(1) .........
31 U.S.C. 3802(a)(2) .........
40 U.S.C. 123(a)(1)(A) .......
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41 U.S.C. 8706(a)(1)(B) .....
18 U.S.C. 2723(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; FN3 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 FN4 (per
occurrence).
Driver’s Privacy Protection Act
of 1994; Prohibition on Release and Use of Certain
Personal Information from
State Motor Vehicle
Records—Substantial Noncompliance (per day).
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28 CFR 85.3(a)(6)
2,048,915 ............
2,073,133 ............
2,202,123 ............
2,372,677.
28 CFR 85.3(a)(7)
2,048,915 ............
2,073,133 ............
2,202,123 ............
2,372,677.
28 CFR 85.3(a)(7)
28 CFR 85.3(a)(8)
10,244,577 ..........
5,951 ...................
10,365,668 ..........
6,021 ...................
11,010,620 ..........
6,396 ...................
11,863,393.
6,891.
28 CFR 85.3(a)(9)
28 CFR 71.3(a) ......
Min 11,665, Max
23,331.
11,665 .................
Min 11,803, Max
23,607.
11,803 .................
Min 12,537, Max
25,076.
12,537 .................
Min 13,508, Max
27,018.
13,508.
28 CFR 71.3(f) .......
11,665 .................
11,803 .................
12,537 .................
13,508.
28 CFR 85.3(a)(12)
5,951 ...................
6,021 ...................
6,396 ...................
6,891.
28 CFR 85.3(a)(13)
23,331 .................
23,607 .................
25,076 .................
27,018.
................................
8,606 ...................
8,708 ...................
9,250 ...................
9,966.
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TABLE 1 TO § 85.5—Continued
U.S.C. citation
Name/description
CFR citation
DOJ penalty
assessed after
6/19/2020
($)
DOJ penalty
assessed after
12/13/2021
($)
DOJ penalty
assessed after
5/9/2022 FN1
($)
18 U.S.C. 216(b) ................
Ethics Reform Act of 1989;
Penalties for Conflict of Interest Crimes FN5 (per violation).
Office of Federal Procurement
Policy Act; FN6 Violation by
an individual (per violation).
Office of Federal Procurement
Policy Act; FN6 Violation by
an organization (per violation).
Disaster Relief Act of 1974;
FN7 Violation (per violation).
28 CFR 85.3(c) ......
102,446 ...............
103,657 ...............
110,107 ...............
118,635.
................................
107,050 ...............
108,315 ...............
115,054 ...............
123,965.
................................
1,070,487 ............
1,083,140 ............
1,150,533 ............
1,239,642.
................................
13,525 .................
13,685 .................
14,536 .................
15,662.
41 U.S.C. 2105(b)(1) .........
41 U.S.C. 2105(b)(2) .........
42 U.S.C. 5157(d) ..............
DOJ penalty
assessed after
1/30/2023 FN2
($)
Civil Rights Division (excluding immigration-related penalties)
18 U.S.C. 248(c)(2)(B)(i) ....
18 U.S.C. 248(c)(2)(B)(ii) ...
18 U.S.C. 248(c)(2)(B)(i) ....
18 U.S.C. 248(c)(2)(B)(ii) ...
42 U.S.C. 3614(d)(1)(C)(i)
42 U.S.C. 3614(d)(1)(C)(ii)
42 U.S.C. 12188(b)(2)(C)(i)
42 U.S.C. 12188(b)(2)(C)(ii)
50 U.S.C. 4041(b)(3) .........
50 U.S.C. 4041(b)(3) .........
Freedom of Access to Clinic
Entrances Act of 1994
(‘‘FACE Act’’); Nonviolent
physical obstruction, first
violation.
FACE Act; Nonviolent physical
obstruction, subsequent violation.
FACE Act; Violation other than
a nonviolent physical obstruction, first violation.
FACE Act; Violation other than
a nonviolent physical 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).
17,161 .................
17,364 .................
18,444 .................
19,872.
28 CFR
85.3(b)(1)(ii).
25,820 .................
26,125 .................
27,750 .................
29,899.
28 CFR
85.3(b)(2)(i).
25,820 .................
26,125 .................
27,750 .................
29,899.
28 CFR
85.3(b)(2)(ii).
43,034 .................
43,543 .................
46,252 .................
49,834.
28 CFR
85.3(b)(3)(i).
28 CFR
85.3(b)(3)(ii).
28 CFR
36.504(a)(3)(i).
107,050 ...............
108,315 ...............
115,054 ...............
123,965.
214,097 ...............
216,628 ...............
230,107 ...............
247,929.
96,384 .................
97,523 .................
103,591 ...............
111,614.
28 CFR
36.504(a)(3)(ii).
192,768 ...............
195,047 ...............
207,183 ...............
223,229.
28 CFR
85.3(b)(4)(i).
28 CFR
85.3(b)(4)(ii).
64,715 .................
65,480 .................
69,554 .................
74,941.
129,431 ...............
130,961 ...............
139,109 ...............
149,883.
Civil Asset Forfeiture Reform
Act of 2000; Penalty for
Frivolous Assertion of Claim.
Money Laundering Control Act
of 1986; Violation FN8.
................................
Min 370, Max
7,395.
Min 374, Max
7,482.
Min 397, Max
7,948.
Min 428, Max
8,564.
................................
23,331 .................
23,607 .................
25,076 .................
27,018.
Criminal Division
18 U.S.C. 983(h)(1) ...........
18 U.S.C. 1956(b) ..............
I
I
I
I
I
DEA
21 U.S.C. 844a(a) ..............
21 U.S.C. 961(1) ................
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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) ...
VerDate Sep<11>2014
Anti-Drug Abuse Act of 1988;
Possession of small
amounts of controlled substances (per violation).
Controlled Substance Import
Export Act; Drug abuse, import or export.
Controlled Substances Act
(‘‘CSA’’); Violations of
842(a)—other than (5), (10),
(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.
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28 CFR 76.3(a) ......
21,410 .................
21,663 .................
23,011 .................
24,793.
28 CFR 85.3(d) ......
74,388 .................
75,267 .................
79,950 .................
86,142.
................................
67,627 .................
68,426 .................
72,683 .................
78,312.
................................
15,691 .................
15,876 .................
16,864 .................
18,170.
................................
101,764 ...............
102,967 ...............
109,374 ...............
117,845.
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Federal Register / Vol. 88, No. 19 / Monday, January 30, 2023 / Rules and Regulations
TABLE 1 TO § 85.5—Continued
U.S.C. citation
Name/description
CFR citation
DOJ penalty
assessed after
6/19/2020
($)
DOJ penalty
assessed after
12/13/2021
($)
DOJ penalty
assessed after
5/9/2022 FN1
($)
21 U.S.C. 842(c)(1)(C) .......
CSA; Violation of 825(e) by
importer, exporter, manufacturer, or distributor—False
labeling of anabolic steroids
(per violation).
CSA; Violation of 825(e) at the
retail level—False labeling
of anabolic steroids (per violation).
CSA; Violation of 842(a)(11)
by a business—Distribution
of laboratory supply with
reckless disregard FN9.
SUPPORT for Patients and
Communities Act; Violations
of 842(a)(5), (10) and (17)
by a registered manufacture
or distributor of opioids. Failures re: opioids.
Illicit Drug Anti-Proliferation
Act of 2003; Maintaining
drug-involved premises
FN10.
................................
541,933 ...............
548,339 ...............
582,457 ...............
627,568.
................................
1,084 ...................
1,097 ...................
1,165 ...................
1,255.
................................
406,419 ...............
411,223 ...............
436,809 ...............
470,640.
................................
508,820 ...............
514,834 ...............
546,867 ...............
589,222.
................................
374,763 ...............
379,193 ...............
402,786 ...............
433,982.
21 U.S.C. 842(c)(1)(D) .......
21 U.S.C. 842(c)(2)(C) .......
21 U.S.C. 842(c)(2)(D) .......
21 U.S.C. 856(d) ................
DOJ penalty
assessed after
1/30/2023 FN2
($)
Immigration-Related Penalties
8 U.S.C. 1324a(e)(4)(A)(i)
8 U.S.C. 1324a(e)(4)(A)(ii)
8 U.S.C. 1324a(e)(4)(A)(iii)
8 U.S.C. 1324a(e)(5) .........
8 U.S.C. 1324a (note) ........
8 U.S.C. 1324a(g)(2) .........
8 U.S.C.
1324b(g)(2)(B)(iv)(I).
8 U.S.C.
1324b(g)(2)(B)(iv)(II).
8 U.S.C.
1324b(g)(2)(B)(iv)(III).
8 U.S.C.
1324b(g)(2)(B)(iv)(IV).
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8 U.S.C. 1324c(d)(3)(A) .....
8 U.S.C. 1324c(d)(3)(B) .....
VerDate Sep<11>2014
Immigration Reform and Control Act of 1986 (‘‘IRCA’’);
Unlawful employment of
aliens, first order (per unauthorized alien).
IRCA; Unlawful employment of
aliens, second order (per
such alien).
IRCA; Unlawful employment of
aliens, subsequent order
(per such alien).
IRCA; Paperwork violation (per
relevant individual).
IRCA; Violation relating to participating employer’s failure
to notify of final nonconfirmation of employee’s employment eligibility (per relevant individual).
IRCA; Violation/prohibition of
indemnity bonds (per violation).
IRCA; Unfair immigration-related employment practices,
first order (per individual discriminated against).
IRCA; Unfair immigration-related employment practices,
second order (per individual
discriminated against).
IRCA; Unfair immigration-related employment practices,
subsequent order (per individual discriminated against).
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).
16:22 Jan 27, 2023
Jkt 259001
PO 00000
28 CFR
68.52(c)(1)(i).
Min 583, Max
4,667.
Min 590, Max
4,722.
Min 627, Max
5,016.
Min 676, Max
5,404.
28 CFR
68.52(c)(1)(ii).
Min 4,667, Max
11,665.
Min 4,722, Max
11,803.
Min 5,016, Max
12,537.
Min 5,404, Max
13,508.
28 CFR
68.52(c)(1)(iii).
Min 6,999, Max
23,331.
Min 7,082, Max
23,607.
Min 7,523, Max
25,076.
Min 8,106, Max
27,018.
28 CFR 68.52(c)(5)
Min 234, Max
2,332.
Min 813, Max
1,625.
Min 237, Max
2,360.
Min 823, Max
1,644.
Min 252, Max
2,507.
Min 874, Max
1,746.
Min 272, Max
2,701.
Min 942, Max
1,881.
28 CFR 68.52(c)(7)
2,332 ...................
2,360 ...................
2,507 ...................
2,701.
28 CFR
68.52(d)(1)(viii).
Min 481, Max
3,855.
Min 487, Max
3,901.
Min 517, Max
4,144.
Min 557, Max
4,465.
28 CFR
68.52(d)(1)(ix).
Min 3,855, Max
9,639.
Min 3,901, Max
9,753.
Min 4,144, Max
10,360.
Min 4,465, Max
11,162.
28 CFR
68.52(d)(1)(x).
Min 5,783, Max
19,277.
Min 5,851, Max
19,505.
Min 6,215, Max
20,719.
Min 6,696, Max
22,324.
28 CFR
68.52(d)(1)(xii).
Min 193, Max
1,928.
Min 195, Max
1,951.
Min 207, Max
2,072.
Min 223, Max
2,232.
28 CFR
68.52(e)(1)(i).
Min 481, Max
3,855.
Min 487, Max
3,901.
Min 517, Max
4,144.
Min 557, Max
4,465.
28 CFR
68.52(e)(1)(iii).
Min 3,855, Max
9,639.
Min 3,901, Max
9,753.
Min 4,144, Max
10,360.
Min 4,465, Max
11,162.
28 CFR 68.52(c)(6)
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Federal Register / Vol. 88, No. 19 / Monday, January 30, 2023 / Rules and Regulations
TABLE 1 TO § 85.5—Continued
DOJ penalty
assessed after
6/19/2020
($)
DOJ penalty
assessed after
5/9/2022 FN1
($)
DOJ penalty
assessed after
1/30/2023 FN2
($)
Name/description
8 U.S.C. 1324c(d)(3)(A) .....
IRCA; Document fraud, first
order—for violations described in U.S.C.
1324c(a)(5)–(6) (per document).
IRCA; Document fraud, subsequent order—for violations
described in U.S.C.
1324c(a)(5)–(6) (per document).
28 CFR
68.52(e)(1)(ii).
Min 407, Max
3,251.
Min 412, Max
3,289.
Min 438, Max
3,494.
Min 472, Max
3,765.
28 CFR
68.52(e)(1)(iv).
Min 3,251, Max
8,128.
Min 3,289, Max
8,224.
Min 3,494, Max
8,736.
Min 3,765, Max
9,413.
National Motor Vehicle Title
Identification System; Violation (per violation).
................................
1,722 ...................
1,742 ...................
1,850 ...................
1,993.
30,107 .................
31,980 .................
34,457.
8 U.S.C. 1324c(d)(3)(B) .....
CFR citation
DOJ penalty
assessed after
12/13/2021
($)
U.S.C. citation
FBI
49 U.S.C. 30505(a) ............
Office of Justice Programs
34 U.S.C. 10231(d) ............
Confidentiality of information;
State and Local Criminal
History Record Information
Systems—Right to Privacy
Violation.
28 CFR 20.25 ........
29,755 .................
1 The
figures set forth in this column represent the penalty as last adjusted by Department of Justice regulation on May 9, 2022.
figures set forth in this table are maximum penalties, unless otherwise indicated.
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 115–221 was enacted Oct. 24, 2018.
2 All
3 Section
Dated: January 23, 2023.
Hampton Y. Dellinger,
Assistant Attorney General, Office of Legal
Policy.
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BILLING CODE 4410–CW–P
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16:22 Jan 27, 2023
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Agencies
[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Rules and Regulations]
[Pages 5776-5781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01704]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
28 CFR Part 85
[Docket No. OLP 175]
Civil Monetary Penalties Inflation Adjustments for 2023
AGENCY: Department of Justice.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Justice is adjusting for inflation the civil
monetary penalties assessed or enforced by components of the
Department, in accordance with the provisions of the Bipartisan Budget
Act of 2015, for penalties assessed after January 30, 2023, with
respect to violations occurring after November 2, 2015.
DATES: This rule is effective January 30, 2023.
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.
The Department has continued to promulgate rules adjusting the
civil money penalties for inflation thereafter. Most recently, the
Department published a final rule on May 5, 2022 (87 FR 27513), to
adjust the civil money penalties to account for inflation occurring
since 2021.
II. Inflation Adjustments Made by This Rule
As required, the Department is publishing this final rule to adjust
for 2023 the Department's current civil penalties. Under the statutory
formula, the adjustments made by this rule are based on the Bureau of
Labor Statistics'
[[Page 5777]]
Consumer Price Index for October 2022. The OMB Memorandum for the Heads
of Executive Departments and Agencies M-23-05 (Dec. 15, 2022) https://www.whitehouse.gov/wp-content/uploads/2022/12/M-23-05-CMP-CMP-Guidance.pdf (last visited Dec. 29, 2022), instructs that the
applicable inflation factor for this adjustment is 1.07745.
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 amount calculations 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 the final rule in 2021, where the applicable inflation
factor was 1.01182, the existing penalty of $11,665 was multiplied by
1.01182 and revised to $11,803 (rounded to the nearest dollar).
For the final rule in 2022, where the applicable inflation
factor was 1.06222, the existing penalty of $11,803 was multiplied by
1.06222 and revised to $12,537 (rounded to the nearest dollar).
For this final rule in 2023, where the applicable
inflation factor is 1.07745 the existing penalty of $12,537 is
multiplied by 1.07745 and revised to $13,508 (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 for 2023 are
applicable only to civil penalties assessed after January 30, 2023,
with respect to violations occurring after November 2, 2015, the date
of enactment of the BBA.
The penalty amounts set forth in the existing provisions of 28 CFR
85.5, and its accompanying table, are applicable to all covered civil
penalties assessed after August 1, 2016, and on or before January 30,
2023, with respect to violations occurring after November 2, 2015.
The revised table in this rule lists the civil penalty amounts as
adjusted in 2023, 2022, 2021, and 2020. For penalties assessed prior to
the adjustment rule adopted in 2020, section 85.5(c) of this rule
directs readers back to the 2018 version of the rule, as published in
the Federal Register, which sets forth the adjusted civil penalty
amounts for penalties assessed prior to the 2020 adjustments. 83 FR
3944 (Jan. 29, 2018).
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). See 83 FR 3944.
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 May 9, 2022 (87 FR 27513).
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 rule 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 (as adjusted for inflation), 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.
[[Page 5778]]
G. Congressional Review Act
This rule is not a major rule as defined by the Congressional
Review Act, 5 U.S.C. 804.
List of Subjects in 28 CFR Part 85
Administrative practice and procedure, Penalties.
Under rulemaking authority vested in the Attorney General in 5
U.S.C. 301; 28 U.S.C. 509, 510 and delegated to the Assistant Attorney
General, Office of Legal Policy, by A.G. Order No. 5328-2022, and 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.
(a) For civil penalties assessed after January 30, 2023, 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.
(b) For civil penalties assessed after May 9, 2022, and on or
before January 30, 2023, whose associated violations occurred after
November 2, 2015, the civil monetary penalties provided by law within
the jurisdiction of the Department are adjusted as set forth in the
sixth column of table 1 to this section. For civil penalties assessed
after December 13, 2021, and on or before May 9, 2022, whose associated
violations occurred after November 2, 2015, the civil monetary
penalties provided by law within the jurisdiction of the Department are
adjusted as set forth in the fifth column of 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 those set forth in the fourth column
of table 1 to this section.
(c) For civil penalties assessed on or before June 19, 2020, the
civil monetary penalties provided by law within the jurisdiction of the
Department are set forth in this section (revised as of July 1, 2018).
(d) All figures set forth in table 1 to this section are maximum
penalties, unless otherwise indicated.
Table 1 to Sec. 85.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
DOJ penalty DOJ penalty DOJ penalty DOJ penalty
U.S.C. citation Name/description CFR citation assessed after 6/ assessed after 12/ assessed after 5/ assessed after 1/
19/2020 ($) 13/2021 ($) 9/2022 FN1 ($) 30/2023 FN2 ($)
--------------------------------------------------------------------------------------------------------------------------------------------------------
ATF
--------------------------------------------------------------------------------------------------------------------------------------------------------
18 U.S.C. 922(t)(5)............ Brady Law--Nat'l .................. $8,831............ $8,935............ $9,491............ $10,226.
Instant Criminal
Check System
(NICS); Transfer of
firearm without
checking NICS.
18 U.S.C. 924(p)............... Child Safety Lock .................. 3,230............. 3,268............. 3,471............. 3,740.
Act; Secure gun
storage or safety
device, violation.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Civil Division
--------------------------------------------------------------------------------------------------------------------------------------------------------
12 U.S.C. 1833a(b)(1).......... Financial 28 CFR 85.3(a)(6). 2,048,915......... 2,073,133......... 2,202,123......... 2,372,677.
Institutions
Reform, Recovery,
and Enforcement Act
(FIRREA) Violation.
12 U.S.C. 1833a(b)(2).......... FIRREA Violation 28 CFR 85.3(a)(7). 2,048,915......... 2,073,133......... 2,202,123......... 2,372,677.
(continuing) (per
day).
12 U.S.C. 1833a(b)(2).......... FIRREA Violation 28 CFR 85.3(a)(7). 10,244,577........ 10,365,668........ 11,010,620........ 11,863,393.
(continuing).
22 U.S.C. 2399b(a)(3)(A)....... Foreign Assistance 28 CFR 85.3(a)(8). 5,951............. 6,021............. 6,396............. 6,891.
Act; Fraudulent
Claim for
Assistance (per
act).
31 U.S.C. 3729(a).............. False Claims Act; 28 CFR 85.3(a)(9). Min 11,665, Max Min 11,803, Max Min 12,537, Max Min 13,508, Max
FN3 Violations. 23,331. 23,607. 25,076. 27,018.
31 U.S.C. 3802(a)(1)........... Program Fraud Civil 28 CFR 71.3(a).... 11,665............ 11,803............ 12,537............ 13,508.
Remedies Act;
Violations
Involving False
Claim (per claim).
31 U.S.C. 3802(a)(2)........... Program Fraud Civil 28 CFR 71.3(f).... 11,665............ 11,803............ 12,537............ 13,508.
Remedies Act;
Violation Involving
False Statement
(per statement).
40 U.S.C. 123(a)(1)(A)......... Federal Property and 28 CFR 85.3(a)(12) 5,951............. 6,021............. 6,396............. 6,891.
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) 23,331............ 23,607............ 25,076............ 27,018.
Violation Involving
Kickbacks FN4 (per
occurrence).
18 U.S.C. 2723(b).............. Driver's Privacy .................. 8,606............. 8,708............. 9,250............. 9,966.
Protection Act of
1994; Prohibition
on Release and Use
of Certain Personal
Information from
State Motor Vehicle
Records--Substantia
l Non-compliance
(per day).
[[Page 5779]]
18 U.S.C. 216(b)............... Ethics Reform Act of 28 CFR 85.3(c).... 102,446........... 103,657........... 110,107........... 118,635.
1989; Penalties for
Conflict of
Interest Crimes FN5
(per violation).
41 U.S.C. 2105(b)(1)........... Office of Federal .................. 107,050........... 108,315........... 115,054........... 123,965.
Procurement Policy
Act; FN6 Violation
by an individual
(per violation).
41 U.S.C. 2105(b)(2)........... Office of Federal .................. 1,070,487......... 1,083,140......... 1,150,533......... 1,239,642.
Procurement Policy
Act; FN6 Violation
by an organization
(per violation).
42 U.S.C. 5157(d).............. Disaster Relief Act .................. 13,525............ 13,685............ 14,536............ 15,662.
of 1974; FN7
Violation (per
violation).
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Civil Rights Division (excluding immigration-related penalties)
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18 U.S.C. 248(c)(2)(B)(i)...... Freedom of Access to 28 CFR 17,161............ 17,364............ 18,444............ 19,872.
Clinic Entrances 85.3(b)(1)(i).
Act of 1994 (``FACE
Act''); Nonviolent
physical
obstruction, first
violation.
18 U.S.C. 248(c)(2)(B)(ii)..... FACE Act; Nonviolent 28 CFR 25,820............ 26,125............ 27,750............ 29,899.
physical 85.3(b)(1)(ii).
obstruction,
subsequent
violation.
18 U.S.C. 248(c)(2)(B)(i)...... FACE Act; Violation 28 CFR 25,820............ 26,125............ 27,750............ 29,899.
other than a 85.3(b)(2)(i).
nonviolent physical
obstruction, first
violation.
18 U.S.C. 248(c)(2)(B)(ii)..... FACE Act; Violation 28 CFR 43,034............ 43,543............ 46,252............ 49,834.
other than a 85.3(b)(2)(ii).
nonviolent physical
violation).
42 U.S.C. 3614(d)(1)(C)(i)..... Fair Housing Act of 28 CFR 107,050........... 108,315........... 115,054........... 123,965.
1968; first 85.3(b)(3)(i).
violation.
42 U.S.C. 3614(d)(1)(C)(ii).... Fair Housing Act of 28 CFR 214,097........... 216,628........... 230,107........... 247,929.
1968; subsequent 85.3(b)(3)(ii).
violation.
42 U.S.C. 12188(b)(2)(C)(i).... Americans With 28 CFR 96,384............ 97,523............ 103,591........... 111,614.
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 192,768........... 195,047........... 207,183........... 223,229.
Disabilities Act; 36.504(a)(3)(ii).
Public
accommodations for
individuals with
disabilities
subsequent
violation.
50 U.S.C. 4041(b)(3)........... Servicemembers Civil 28 CFR 64,715............ 65,480............ 69,554............ 74,941.
Relief Act of 2003; 85.3(b)(4)(i).
first violation.
50 U.S.C. 4041(b)(3)........... Servicemembers Civil 28 CFR 129,431........... 130,961........... 139,109........... 149,883.
Relief Act of 2003; 85.3(b)(4)(ii).
subsequent
violation.
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Criminal Division
--------------------------------------------------------------------------------------------------------------------------------------------------------
18 U.S.C. 983(h)(1)............ Civil Asset .................. Min 370, Max 7,395 Min 374, Max 7,482 Min 397, Max 7,948 Min 428, Max
Forfeiture Reform 8,564.
Act of 2000;
Penalty for
Frivolous Assertion
of Claim.
18 U.S.C. 1956(b).............. Money Laundering .................. 23,331............ 23,607............ 25,076............ 27,018.
Control Act of
1986; Violation FN8.
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DEA
--------------------------------------------------------------------------------------------------------------------------------------------------------
21 U.S.C. 844a(a).............. Anti-Drug Abuse Act 28 CFR 76.3(a).... 21,410............ 21,663............ 23,011............ 24,793.
of 1988; Possession
of small amounts of
controlled
substances (per
violation).
21 U.S.C. 961(1)............... Controlled Substance 28 CFR 85.3(d).... 74,388............ 75,267............ 79,950............ 86,142.
Import Export Act;
Drug abuse, import
or export.
21 U.S.C. 842(c)(1)(A)......... Controlled .................. 67,627............ 68,426............ 72,683............ 78,312.
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 .................. 15,691............ 15,876............ 16,864............ 18,170.
842(a)(5), (10),
and (17)--
Prohibited acts re:
controlled
substances.
21 U.S.C. 842(c)(1)(B)(ii)..... SUPPORT for Patients .................. 101,764........... 102,967........... 109,374........... 117,845.
and Communities
Act; Violations of
842(b)(ii)--Failure
s re: opioids.
[[Page 5780]]
21 U.S.C. 842(c)(1)(C)......... CSA; Violation of .................. 541,933........... 548,339........... 582,457........... 627,568.
825(e) by importer,
exporter,
manufacturer, or
distributor--False
labeling of
anabolic steroids
(per violation).
21 U.S.C. 842(c)(1)(D)......... CSA; Violation of .................. 1,084............. 1,097............. 1,165............. 1,255.
825(e) at the
retail level--False
labeling of
anabolic steroids
(per violation).
21 U.S.C. 842(c)(2)(C)......... CSA; Violation of .................. 406,419........... 411,223........... 436,809........... 470,640.
842(a)(11) by a
business--Distribut
ion of laboratory
supply with
reckless disregard
FN9.
21 U.S.C. 842(c)(2)(D)......... SUPPORT for Patients .................. 508,820........... 514,834........... 546,867........... 589,222.
and Communities
Act; Violations of
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- .................. 374,763........... 379,193........... 402,786........... 433,982.
Proliferation Act
of 2003;
Maintaining drug-
involved premises
FN10.
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Immigration-Related Penalties
--------------------------------------------------------------------------------------------------------------------------------------------------------
8 U.S.C. 1324a(e)(4)(A)(i)..... Immigration Reform 28 CFR Min 583, Max 4,667 Min 590, Max 4,722 Min 627, Max 5,016 Min 676, Max
and Control Act of 68.52(c)(1)(i). 5,404.
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 4,667, Max Min 4,722, Max Min 5,016, Max Min 5,404, Max
employment of 68.52(c)(1)(ii). 11,665. 11,803. 12,537. 13,508.
aliens, second
order (per such
alien).
8 U.S.C. 1324a(e)(4)(A)(iii)... IRCA; Unlawful 28 CFR Min 6,999, Max Min 7,082, Max Min 7,523, Max Min 8,106, Max
employment of 68.52(c)(1)(iii). 23,331. 23,607. 25,076. 27,018.
aliens, subsequent
order (per such
alien).
8 U.S.C. 1324a(e)(5)........... IRCA; Paperwork 28 CFR 68.52(c)(5) Min 234, Max 2,332 Min 237, Max 2,360 Min 252, Max 2,507 Min 272, Max
violation (per 2,701.
relevant
individual).
8 U.S.C. 1324a (note).......... IRCA; Violation 28 CFR 68.52(c)(6) Min 813, Max 1,625 Min 823, Max 1,644 Min 874, Max 1,746 Min 942, Max
relating to 1,881.
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) 2,332............. 2,360............. 2,507............. 2,701.
prohibition of
indemnity bonds
(per violation).
8 U.S.C. 1324b(g)(2)(B)(iv)(I). IRCA; Unfair 28 CFR Min 481, Max 3,855 Min 487, Max 3,901 Min 517, Max 4,144 Min 557, Max
immigration-related 68.52(d)(1)(viii). 4,465.
employment
practices, first
order (per
individual
discriminated
against).
8 U.S.C. 1324b(g)(2)(B)(iv)(II) IRCA; Unfair 28 CFR Min 3,855, Max Min 3,901, Max Min 4,144, Max Min 4,465, Max
immigration-related 68.52(d)(1)(ix). 9,639. 9,753. 10,360. 11,162.
employment
practices, second
order (per
individual
discriminated
against).
8 U.S.C. IRCA; Unfair 28 CFR Min 5,783, Max Min 5,851, Max Min 6,215, Max Min 6,696, Max
1324b(g)(2)(B)(iv)(III). immigration-related 68.52(d)(1)(x). 19,277. 19,505. 20,719. 22,324.
employment
practices,
subsequent order
(per individual
discriminated
against).
8 U.S.C. 1324b(g)(2)(B)(iv)(IV) IRCA; Unfair 28 CFR Min 193, Max 1,928 Min 195, Max 1,951 Min 207, Max 2,072 Min 223, Max
immigration-related 68.52(d)(1)(xii). 2,232.
employment
practices, unfair
documentary
practices (per
individual
discriminated
against).
8 U.S.C. 1324c(d)(3)(A)........ IRCA; Document 28 CFR Min 481, Max 3,855 Min 487, Max 3,901 Min 517, Max 4,144 Min 557, Max
fraud, first order-- 68.52(e)(1)(i). 4,465.
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 3,855, Max Min 3,901, Max Min 4,144, Max Min 4,465, Max
fraud, subsequent 68.52(e)(1)(iii). 9,639. 9,753. 10,360. 11,162.
order--for
violations
described in U.S.C.
1324c(a)(1)-(4)
(per document).
[[Page 5781]]
8 U.S.C. 1324c(d)(3)(A)........ IRCA; Document 28 CFR Min 407, Max 3,251 Min 412, Max 3,289 Min 438, Max 3,494 Min 472, Max
fraud, first order-- 68.52(e)(1)(ii). 3,765.
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 3,251, Max Min 3,289, Max Min 3,494, Max Min 3,765, Max
fraud, subsequent 68.52(e)(1)(iv). 8,128. 8,224. 8,736. 9,413.
order--for
violations
described in U.S.C.
1324c(a)(5)-(6)
(per document).
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FBI
--------------------------------------------------------------------------------------------------------------------------------------------------------
49 U.S.C. 30505(a)............. National Motor .................. 1,722............. 1,742............. 1,850............. 1,993.
Vehicle Title
Identification
System; Violation
(per violation).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Office of Justice Programs
--------------------------------------------------------------------------------------------------------------------------------------------------------
34 U.S.C. 10231(d)............. Confidentiality of 28 CFR 20.25...... 29,755............ 30,107............ 31,980............ 34,457.
information; State
and Local Criminal
History Record
Information
Systems--Right to
Privacy Violation.
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\1\ The figures set forth in this column represent the penalty as last adjusted by Department of Justice regulation on May 9, 2022.
\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 115-221 was enacted Oct. 24, 2018.
Dated: January 23, 2023.
Hampton Y. Dellinger,
Assistant Attorney General, Office of Legal Policy.
[FR Doc. 2023-01704 Filed 1-27-23; 8:45 am]
BILLING CODE 4410-CW-P