Civil Monetary Penalties Inflation Adjustments for 2023, 5776-5781 [2023-01704]

Agencies

• Department of Justice

[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]


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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.

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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).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                             Civil Rights Division (excluding immigration-related penalties)
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    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.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           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.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              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).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           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.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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