Civil Monetary Penalties Inflation Adjustments for 2024, 9764-9769 [2024-02829]
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Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Rules and Regulations
(ii) Any person, including a person
who moves before the date the housing
plan is submitted to HUD, that the
DHHL determines was displaced as a
direct result of acquisition,
rehabilitation, or demolition for the
assisted project;
(iii) A tenant-occupant of a dwelling
unit who moves from the building/
complex permanently after execution of
the agreement between the DHHL and
HUD, if the move occurs before the
tenant is provided written notice
offering him or her the opportunity to
lease and occupy a suitable, decent, safe
and sanitary dwelling in the same
building/complex, under reasonable
terms and conditions, upon completion
of the project. Such reasonable terms
and conditions include a monthly rent
and estimated average monthly utility
costs that do not exceed the greater of:
(A) The tenant-occupant’s monthly
rent and estimated average monthly
utility costs before the agreement; or
(B) Thirty percent of gross household
income.
(iv) A tenant-occupant of a dwelling
who is required to relocate temporarily,
but does not return to the building/
complex, if:
(A) The tenant-occupant is not offered
payment for all reasonable out-of-pocket
expenses incurred in connection with
the temporary relocation, including the
cost of moving to and from the
temporarily occupied unit, any
increased housing costs and incidental
expenses;
(B) The tenant-occupant is required to
temporarily relocate for more than one
year; or
(C) Other conditions of the temporary
relocation are not reasonable.
(v) A tenant-occupant of a dwelling
who moves from the building/complex
after he or she has been required to
move to another dwelling unit in the
same building/complex in order to carry
out the project, if either:
(A) The tenant-occupant is not offered
reimbursement for all reasonable out-ofpocket expenses incurred in connection
with the move; or
(B) Other conditions of the move are
not reasonable.
(2) Notwithstanding the provisions of
this section for the definition of
‘‘Displaced Person,’’ a person does not
qualify as a ‘‘displaced person’’ (and is
not eligible for relocation assistance
under the URA or this section), if:
(i) The person moved into the
property after the submission of the
housing plan to HUD, but before signing
a lease or commencing occupancy, was
provided written notice of the project,
its possible impact on the person (e.g.,
the person may be displaced,
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temporarily relocated or suffer a rent
increase) and the fact that the person
would not qualify as a ‘‘displaced
person’’ or for any assistance provided
under this section as a result of the
project;
(ii) The person meets the definition of
‘‘persons not displaced’’ as defined in
49 CFR 24.2; or
(iii) The DHHL determines the person
is not displaced as a direct result of
acquisition, rehabilitation, or
demolition for an assisted project. To
exclude a person on this basis, HUD
must concur in that determination in
accordance with 49 CFR 24.2.
(3) The DHHL may at any time ask
HUD to determine whether a specific
displacement is or would be covered
under this section.
(g) Definition of initiation of
negotiations. For purposes of
determining the formula for computing
the replacement housing assistance to
be provided to a person displaced from
a dwelling as a direct result of
acquisition, rehabilitation, or
demolition of the real property, the term
Initiation of Negotiations (ION) date
means the execution of the written
agreement covering the acquisition,
rehabilitation, or demolition (See 49
CFR 24.2).
■ 20. In § 1006.410, revise paragraph
(a)(2), add paragraph (a)(3), and revise
paragraph (c)(1) to read as follows:
§ 1006.410
Performance reports.
(a) * * *
(2) Submit a report in a form
acceptable to HUD, within 90 days of
the end of the DHHL’s fiscal year,
describing the conclusions of the
review.
(3) DHHL may submit a written
request for an extension of the deadline.
HUD will establish a new date for
submission if the extension is granted.
*
*
*
*
*
(c) * * *
(1) Comments by Native Hawaiians. In
preparing a report under this section,
the DHHL shall make the report
publicly available to Native Hawaiians
who are eligible to reside on the
Hawaiian Home Lands and give a
sufficient amount of time to permit
them to comment on that report, in such
manner and at such time as the DHHL
may determine, before it is submitted to
HUD.
*
*
*
*
*
■ 21. In § 1006.420, add a heading to
paragraph (c) to read as follows:
§ 1006.420 Review of DHHL’s
performance.
*
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*
*
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*
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*
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(c) Failure to maintain records. * * *
Adrianne Todman,
Deputy Secretary for U.S. Department of
Housing and Urban Development.
[FR Doc. 2024–02447 Filed 2–9–24; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF JUSTICE
28 CFR Part 85
[Docket No. OLP 176]
Civil Monetary Penalties Inflation
Adjustments for 2024
Department of Justice.
Final rule.
AGENCY:
ACTION:
The Department of Justice is
adjusting for inflation the civil monetary
penalties assessed or enforced by
components of the Department, in
accordance with the provisions of the
Bipartisan Budget Act of 2015, for
penalties assessed after February 12,
2024 with respect to violations
occurring after November 2, 2015.
DATES: This rule is effective February
12, 2024.
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:
SUMMARY:
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
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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 January 30,
2023 (88 FR 5776), to adjust the civil
money penalties to account for inflation
occurring since 2022.
II. Inflation Adjustments Made by This
Rule
As required, the Department is
publishing this final rule to adjust for
2024 the Department’s current civil
penalties. Under the statutory formula,
the adjustments made by this rule are
based on the Bureau of Labor Statistics’
Consumer Price Index for October 2023.
The OMB Memorandum for the Heads
of Executive Departments and Agencies
M–24–07 (Dec. 19, 2023) https://
www.whitehouse.gov/wp-content/
uploads/2023/12/M-24-07Implementation-of-Penalty-InflationAdjustments-for-2024.pdf (last visited
Dec. 21, 2023) instructs that the
applicable inflation factor for this
adjustment is 1.03241.
Accordingly, this rule adjusts the civil
penalty amounts in 28 CFR 85.5 by
applying the inflation factor of 1.03241
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.
• Similar adjustments have been
made in the following years, through
2023, where the applicable inflation
factor was 1.07745, and the existing
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penalty of $12,537 was multiplied by
1.07745 and revised to $13,508.
• For this final rule in 2024, where
the applicable inflation factor is
1.03241, the existing penalty of $13,508
is multiplied by 1.03241 and rounded to
the nearest dollar. The revised penalty
is now $13,946.
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 2024 are applicable
only to civil penalties assessed after
February 12, 2024, 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
February 12, 2024, with respect to
violations occurring after November 2,
2015.
The revised table in this rule lists the
civil penalty amounts as adjusted in
2024, 2023, 2022, and 2021. For
penalties assessed prior to the
adjustment rule adopted in 2021,
section 85.5(c) of this rule directs
readers back to the 2020 version of the
rule, as published in the Federal
Register, which sets forth the adjusted
civil penalty amounts for penalties
assessed prior to the 2021 adjustments.
85 FR 37004 (June 19, 2020).
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 Civil Monetary
Penalties Inflation Adjustment, 83 FR
3944 (Jan. 29, 2018).
IV. Statutory and Regulatory Analyses
A. Administrative Procedure Act
The BBA provides that, for each
annual adjustment made after the initial
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9765
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, 13563, and
14094—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, in accordance with
Executive Order 13563, ‘‘Improving
Regulation and Regulatory Review,’’
section 1, General Principles of
Regulation, and in accordance with
section 1(b), General Principles of
Regulation; and Executive Order 14094,
‘‘Modernizing Regulatory Review’’.
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,
mechanical adjustment of the civil
penalty amounts in 28 CFR 85.5 to
account for inflation since the adoption
of the Department’s final rule published
on January 30, 2023 (88 FR 5776).
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,
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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.
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
1. The authority citation for part 85
continues to read as follows:
■
Authority: 5 U.S.C. 301, 28 U.S.C. 503;
Pub. L. 101–410, 104 Stat. 890, as amended
by Pub. L. 104–134, 110 Stat. 1321; Pub. L.
114–74, section 701, 28 U.S.C. 2461 note.
2. Section 85.5 is revised to read as
follows:
■
§ 85.5 Adjustments to penalties for
violations occurring after November 2,
2015.
(a) For civil penalties assessed after
February 12, 2024, 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
January 30, 2023, and on or before
February 12, 2024 whose associated
violations occurred after November 2,
2015, the civil monetary penalties
provided by law within the jurisdiction
of the Department are set forth in the
sixth column of table 1 to this section.
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 set forth in the fifth
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 set forth in the fourth
column of table 1 to this section.
(c) For civil penalties assessed on or
before December 13, 2021, the civil
monetary penalties provided by law
within the jurisdiction of the
Department are set forth in 28 CFR 85.5
(July 1, 2020).
(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
12/13/2021
($)
CFR citation
DOJ penalty
assessed
after
5/9/2022
($)
DOJ penalty
assessed after
1/30/2023 FN1
($)
DOJ penalty
assessed after
2/12/2024 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.
...................................
8,935
9,491
10,226
10,557
...................................
3,268
3,471
3,740
3,861
28 CFR 85.3(a)(6) ....
2,073,133
2,202,123
2,372,677
2,449,575
28 CFR 85.3(a)(7) ....
28 CFR 85.3(a)(7) ....
28 CFR 85.3(a)(8) ....
2,073,133
10,365,668
6,021
2,202,123
11,010,620
6,396
2,372,677
11,863,393
6,891
2,449,575
12,247,886
7,114
28 CFR 85.3(a)(9) ....
28 CFR 71.3(a) ........
Min 11,803,
Max 23,607
11,803
Min 12,537,
Max 25,076
12,537
Min 13,508,
Max 27,018
13,508
Min 13,946,
Max 27,894
13,946
28 CFR 71.3(f) .........
11,803
12,537
13,508
13,946
28 CFR 85.3(a)(12) ..
6,021
6,396
6,891
7,114
28 CFR 85.3(a)(13) ..
23,607
25,076
27,018
27,894
...................................
8,708
9,250
9,966
10,289
Civil Division
12 U.S.C. 1833a(b)(1) ......
12 U.S.C. 1833a(b)(2) ......
12 U.S.C. 1833a(b)(2) ......
22 U.S.C. 2399b(a)(3)(A)
31 U.S.C. 3729(a) ............
31 U.S.C. 3802(a)(1) ........
31 U.S.C. 3802(a)(2) ........
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40 U.S.C. 123(a)(1)(A) .....
41 U.S.C. 8706(a)(1)(B) ...
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
Non-compliance (per day).
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9767
TABLE 1 TO § 85.5—Continued
DOJ penalty
assessed
after
12/13/2021
($)
DOJ penalty
assessed after
2/12/2024 FN2
($)
110,107
118,635
122,480
108,315
115,054
123,965
127,983
...................................
1,083,140
1,150,533
1,239,642
1,279,819
...................................
13,685
14,536
15,662
16,170
Name/description
CFR citation
18 U.S.C. 216(b) ..............
Ethics Reform Act of 1989; Penalties for
Conflict of Interest Crimes FN5 (per violation).
Office of Federal Procurement Policy Act;
FN6 Violation by an individual (per violation).
Office of Federal Procurement Policy Act;
FN6 Violation by an organization (per
violation).
Disaster Relief Act of 1974; FN7 Violation
(per violation).
28 CFR 85.3(c) .........
103,657
...................................
41 U.S.C. 2105(b)(1) ........
41 U.S.C. 2105(b)(2) ........
42 U.S.C. 5157(d) ............
DOJ penalty
assessed
after
5/9/2022
($)
DOJ penalty
assessed after
1/30/2023 FN1
($)
U.S.C. citation
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)
17,364
18,444
19,872
20,516
28 CFR 85.3(b)(1)(ii)
26,125
27,750
29,899
30,868
28 CFR 85.3(b)(2)(i)
26,125
27,750
29,899
30,868
28 CFR 85.3(b)(2)(ii)
43,543
46,252
49,834
51,449
28 CFR 85.3(b)(3)(i)
28 CFR 85.3(b)(3)(ii)
108,315
216,628
115,054
230,107
123,965
247,929
127,983
255,964
28 CFR
36.504(a)(3)(i).
97,523
103,591
111,614
115,231
28 CFR
36.504(a)(3)(ii).
195,047
207,183
223,229
230,464
28 CFR 85.3(b)(4)(i)
65,480
69,554
74,941
77,370
28 CFR 85.3(b)(4)(ii)
130,961
139,109
149,883
154,741
Min 374,
Max 7,482
23,607
Min 397,
Max 7,948
25,076
Min 428,
Max 8,564
27,018
Min 442,
Max 8,842
27,894
28 CFR 76.3(a) ........
21,663
23,011
24,793
25,597
28 CFR 85.3(d) ........
75,267
79,950
86,142
88,934
...................................
68,426
72,683
78,312
80,850
...................................
15,876
16,864
18,170
18,759
...................................
102,967
109,374
117,845
121,664
...................................
548,339
582,457
627,568
647,907
...................................
1,097
1,165
1,255
1,296
...................................
411,223
436,809
470,640
485,893
...................................
514,834
546,867
589,222
608,319
Criminal Division
18 U.S.C. 983(h)(1) ..........
18 U.S.C. 1956(b) ............
Civil Asset Forfeiture Reform Act of 2000;
Penalty for Frivolous Assertion of Claim.
Money Laundering Control Act of 1986;
Violation FN8.
...................................
...................................
DEA
21 U.S.C. 844a(a) ............
21 U.S.C. 961(1) ..............
21 U.S.C. 842(c)(1)(A) .....
21 U.S.C. 842(c)(1)(B)(i) ..
21 U.S.C. 842(c)(1)(B)(ii)–
21 U.S.C. 842(c)(1)(C) .....
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21 U.S.C. 842(c)(1)(D) .....
21 U.S.C. 842(c)(2)(C) .....
21 U.S.C. 842(c)(2)(D) .....
VerDate Sep<11>2014
Anti-Drug Abuse Act of 1988; Possession
of small amounts of controlled substances (per violation).
Controlled Substance Import Export Act;
Drug abuse, import or export.
Controlled Substances Act (‘‘CSA’’); Violations of 842(a)—other than (5), (10), (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; FN9 Violations of 842(b)(ii)—Failures re: opioids.
CSA; Violation of 825(e) by importer, exporter, manufacturer, or distributor—
False labeling of anabolic steroids (per
violation).
CSA; Violation of 825(e) at the retail
level—False labeling of anabolic steroids
(per violation).
CSA; Violation of 842(a)(11) by a business—Distribution of laboratory supply
with reckless disregard FN10.
SUPPORT for Patients and Communities
Act; FN9 Violations of 842(a)(5), (10)
and (17) by a registered manufacture or
distributor of opioids. Failures re: opioids.
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Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Rules and Regulations
TABLE 1 TO § 85.5—Continued
U.S.C. citation
Name/description
DOJ penalty
assessed
after
12/13/2021
($)
CFR citation
21 U.S.C. 856(d) ..............
Illicit Drug Anti-Proliferation Act of 2003;
Maintaining drug-involved premises
FN11.
8 U.S.C. 1324a(e)(4)(A)(i)
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).
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).
...................................
DOJ penalty
assessed
after
5/9/2022
($)
DOJ penalty
assessed after
1/30/2023 FN1
($)
DOJ penalty
assessed after
2/12/2024 FN2
($)
379,193
402,786
433,982
448,047
28 CFR 68.52(c)(1)(i)
Min 590,
Max 4,722
Min 627,
Max 5,016
Min 676,
Max 5,404
Min 698,
Max 5,579
28 CFR
68.52(c)(1)(ii).
28 CFR
68.52(c)(1)(iii).
28 CFR 68.52(c)(5) ..
Min 4,722,
Max 11,803
Min 7,082,
Max 23,607
Min 237,
Max 2,360
Min 823,
Max 1,644
Min 5,016,
Max 12,537
Min 7,523,
Max 25,076
Min 252,
Max 2,507
Min 874,
Max 1,746
Min 5,404,
Max 13,508
Min 8,106,
Max 27,018
Min 272,
Max 2,701
Min 942,
Max 1,881
Min 5,579,
Max 13,946
Min 8,369,
Max 27,894
Min 281,
Max 2,789
Min 973,
Max 1,942
2,360
2,507
2,701
2,789
28 CFR
68.52(d)(1)(viii).
Min 487,
Max 3,901
Min 517,
Max 4,144
Min 557,
Max 4,465
Min 575,
Max 4,610
28 CFR
68.52(d)(1)(ix).
Min 3,901,
Max 9,753
Min 4,144,
Max 10,360
Min 4,465,
Max 11,162
Min 4,610,
Max 11,524
28 CFR
68.52(d)(1)(x).
Min 5,851,
Max 19,505
Min 6,215,
Max 20,719
Min 6,696,
Max 22,324
Min 6,913,
Max 23,048
28 CFR
68.52(d)(1)(xii).
Min 195,
Max 1,951
Min 207,
Max 2,072
Min 223,
Max 2,232
Min 230,
Max 2,304
28 CFR 68.52(e)(1)(i)
Min 487,
Max 3,901
Min 517,
Max 4,144
Min 557,
Max 4,465
Min 575,
Max 4,610
28 CFR
68.52(e)(1)(iii).
Min 3,901,
Max 9,753
Min 4,144,
Max 10,360
Min 4,465,
Max 11,162
Min 4,610,
Max 11,524
28 CFR
68.52(e)(1)(ii).
Min 412,
Max 3,289
Min 438,
Max 3,494
Min 472,
Max 3,765
Min 487,
Max 3,887
28 CFR
68.52(e)(1)(iv).
Min 3,289,
Max 8,224
Min 3,494,
Max 8,736
Min 3,765,
Max 9,413
Min 3,887,
Max 9,718
1,742
1,850
1,993
2,058
30,107
31,980
34,457
35,574
Immigration-Related Penalties FN12
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)(I V).
8 U.S.C. 1324c(d)(3)(A) ...
8 U.S.C. 1324c(d)(3)(B) ...
8 U.S.C. 1324c(d)(3)(A) ...
8 U.S.C. 1324c(d)(3)(B) ...
28 CFR 68.52(c)(6) ..
28 CFR 68.52(c)(7) ..
FBI
49 U.S.C. 30505(a) ..........
National Motor Vehicle Title Identification
System; Violation (per violation).
...................................
Office of Justice Programs
34 U.S.C. 10231(d) ..........
Confidentiality of information; State and
Local Criminal History Record Information Systems—Right to Privacy Violation.
28 CFR 20.25 ...........
1 The
figures set forth in this column represent the penalty as last adjusted by Department of Justice regulation on January 30, 2023.
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).
2 All
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9769
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 The SUPPORT for Patients and Communities Act, Public Law 115–221 was enacted Oct. 24, 2018.
10 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).
11 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).
12 The date of assessment for purposes of calculating the minimum and maximum civil money penalties for violations of 8 U.S.C. 1324a under 28 CFR 85.5 is the
date of the OCAHO final order, rather than the date of service of the Notice of Intent to Fine. United States v. Edgemont Group, LLC, 17 OCAHO no. 1470e (2023).
Dated: February 5, 2024.
Susan M. Davies,
Acting Assistant Attorney General, Office of
Legal Policy.
[FR Doc. 2024–02829 Filed 2–9–24; 8:45 am]
BILLING CODE 4410–BB–P
or email Lieutenant William K. Harris,
U.S. Coast Guard Sector San Francisco,
Waterways management Division, at
telephone (415) 399–7443, or email
SFWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
DEPARTMENT OF HOMELAND
SECURITY
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
Coast Guard
33 CFR Part 165
II. Background Information and
Regulatory History
[Docket Number USCG–2024–0130]
RIN 1625–AA00
Safety Zone; Fireworks Scattering; San
Francisco Bay, San Francisco, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of the San
Francisco Bay, off Treasure Island, CA
in support of a fireworks display on
February 10, 2024. The safety zone is
necessary to protect persons, vessels,
and the marine environment from
potential hazards caused by
pyrotechnics. Unauthorized persons or
vessels are prohibited from entering,
transiting through, or remaining in the
safety zone without the permission of
the Captain of the Port San Francisco or
a designated representative.
DATES: This rule is effective from 10:30
a.m. until 11:35 a.m. on February 10,
2024.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0130 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions about this rule, call
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SUMMARY:
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The Coast Guard is issuing this
temporary rule under authority in 5
U.S.C. 553(b)(B). This statutory
provision authorizes an agency to issue
a rule without prior notice and
opportunity to comment when the
agency for good cause finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ The Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. The Coast Guard did not
receive final details for this event until
January 30, 2024. It is impracticable to
go through the full notice and comment
rulemaking process because the Coast
Guard must establish this safety zone by
February 10, 2024, and lacks sufficient
time to provide a reasonable comment
period and to consider those comments
before issuing the rule.
Also, under 5 U.S.C. 553(d)(3), the
Coast Guard finds that good cause exists
for making this rule effective less than
30 days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to public
interest because action is necessary to
protect personnel, vessels, and the
marine environment from the potential
safety hazards associated with the
fireworks display off Treasure Island,
CA on February 10, 2024.
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III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority 46 U.S.C. 70034. The
Captain of the Port (COTP) San
Francisco has determined that potential
hazards associated with the scheduled
Fireworks Scattering display on
February 10, 2024, will be a safety
concern for anyone within a 400-foot
radius of the fireworks display starting
30 minutes before the fireworks display
is scheduled to commence and ending
30 minutes after the conclusion of the
fireworks display. For this reason, this
temporary safety zone is needed to
protect personnel, vessels, and the
marine environment in the navigable
waters during the fireworks display.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from 10:30 a.m. until 11:35
a.m. on February 10, 2024, from 30
minutes prior to the start of the
fireworks display, and until 30 minutes
after the completion of the fireworks
display. At 10:30 a.m., which is 30
minutes prior to the commencement of
the 5-minute fireworks display, the
safety zone will encompass the
navigable waters around the fireworks
vessel, from surface to bottom, within a
circle formed by connecting all points
400-feet out from the coordinates at
approximately 37°50′17.9″ N,
122°21′16.5″ W (NAD 83). The safety
zone will terminate at 11:35 a.m. on
February 10, 2024, or as announced via
Marine Information Broadcast.
This regulation is necessary to keep
persons and vessels away from the
immediate vicinity of the fireworks
scattering site. Except for persons or
vessels authorized by the COTP or the
COTP’s designated representative, no
person or vessel may enter or remain in
a restricted area. A ‘‘designated
representative’’ means a Coast Guard
Patrol Commander, including a Coast
Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel,
or a Federal, State, or local officer
E:\FR\FM\12FER1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 29 (Monday, February 12, 2024)]
[Rules and Regulations]
[Pages 9764-9769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02829]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
28 CFR Part 85
[Docket No. OLP 176]
Civil Monetary Penalties Inflation Adjustments for 2024
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 February 12, 2024 with
respect to violations occurring after November 2, 2015.
DATES: This rule is effective February 12, 2024.
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
[[Page 9765]]
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 January 30, 2023 (88 FR 5776), to
adjust the civil money penalties to account for inflation occurring
since 2022.
II. Inflation Adjustments Made by This Rule
As required, the Department is publishing this final rule to adjust
for 2024 the Department's current civil penalties. Under the statutory
formula, the adjustments made by this rule are based on the Bureau of
Labor Statistics' Consumer Price Index for October 2023. The OMB
Memorandum for the Heads of Executive Departments and Agencies M-24-07
(Dec. 19, 2023) https://www.whitehouse.gov/wp-content/uploads/2023/12/M-24-07-Implementation-of-Penalty-Inflation-Adjustments-for-2024.pdf
(last visited Dec. 21, 2023) instructs that the applicable inflation
factor for this adjustment is 1.03241.
Accordingly, this rule adjusts the civil penalty amounts in 28 CFR
85.5 by applying the inflation factor of 1.03241 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.
Similar adjustments have been made in the following years,
through 2023, where the applicable inflation factor was 1.07745, and
the existing penalty of $12,537 was multiplied by 1.07745 and revised
to $13,508.
For this final rule in 2024, where the applicable
inflation factor is 1.03241, the existing penalty of $13,508 is
multiplied by 1.03241 and rounded to the nearest dollar. The revised
penalty is now $13,946.
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 2024 are
applicable only to civil penalties assessed after February 12, 2024,
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 February 12,
2024, with respect to violations occurring after November 2, 2015.
The revised table in this rule lists the civil penalty amounts as
adjusted in 2024, 2023, 2022, and 2021. For penalties assessed prior to
the adjustment rule adopted in 2021, section 85.5(c) of this rule
directs readers back to the 2020 version of the rule, as published in
the Federal Register, which sets forth the adjusted civil penalty
amounts for penalties assessed prior to the 2021 adjustments. 85 FR
37004 (June 19, 2020).
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 Civil Monetary Penalties Inflation
Adjustment, 83 FR 3944 (Jan. 29, 2018).
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, 13563, and 14094--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, in accordance with Executive Order 13563, ``Improving
Regulation and Regulatory Review,'' section 1, General Principles of
Regulation, and in accordance with section 1(b), General Principles of
Regulation; and Executive Order 14094, ``Modernizing Regulatory
Review''. 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,
mechanical adjustment of the civil penalty amounts in 28 CFR 85.5 to
account for inflation since the adoption of the Department's final rule
published on January 30, 2023 (88 FR 5776).
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,
[[Page 9766]]
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.
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 February 12, 2024, 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 January 30, 2023, and on or
before February 12, 2024 whose associated violations occurred after
November 2, 2015, the civil monetary penalties provided by law within
the jurisdiction of the Department are set forth in the sixth column of
table 1 to this section. 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 set forth in the
fifth 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
set forth in the fourth column of table 1 to this section.
(c) For civil penalties assessed on or before December 13, 2021,
the civil monetary penalties provided by law within the jurisdiction of
the Department are set forth in 28 CFR 85.5 (July 1, 2020).
(d) All figures set forth in table 1 to this section are maximum
penalties, unless otherwise indicated.
Table 1 to Sec. 85.5
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DOJ penalty DOJ penalty
DOJ penalty DOJ penalty assessed after assessed after
U.S.C. citation Name/description CFR citation assessed after assessed after 1/30/2023 FN1 2/12/2024 FN2
12/13/2021 ($) 5/9/2022 ($) ($) ($)
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ATF
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18 U.S.C. 922(t)(5)................ Brady Law--Nat'l Instant ...................... 8,935 9,491 10,226 10,557
Criminal Check System
(NICS); Transfer of
firearm without checking
NICS.
18 U.S.C. 924(p)................... Child Safety Lock Act; ...................... 3,268 3,471 3,740 3,861
Secure gun storage or
safety device, violation.
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Civil Division
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12 U.S.C. 1833a(b)(1).............. Financial Institutions 28 CFR 85.3(a)(6)..... 2,073,133 2,202,123 2,372,677 2,449,575
Reform, Recovery, and
Enforcement Act (FIRREA)
Violation.
12 U.S.C. 1833a(b)(2).............. FIRREA Violation 28 CFR 85.3(a)(7)..... 2,073,133 2,202,123 2,372,677 2,449,575
(continuing) (per day).
12 U.S.C. 1833a(b)(2).............. FIRREA Violation 28 CFR 85.3(a)(7)..... 10,365,668 11,010,620 11,863,393 12,247,886
(continuing).
22 U.S.C. 2399b(a)(3)(A)........... Foreign Assistance Act; 28 CFR 85.3(a)(8)..... 6,021 6,396 6,891 7,114
Fraudulent Claim for
Assistance (per act).
31 U.S.C. 3729(a).................. False Claims Act; FN3 28 CFR 85.3(a)(9)..... Min 11,803, Min 12,537, Min 13,508, Min 13,946,
Violations. Max 23,607 Max 25,076 Max 27,018 Max 27,894
31 U.S.C. 3802(a)(1)............... Program Fraud Civil 28 CFR 71.3(a)........ 11,803 12,537 13,508 13,946
Remedies Act; Violations
Involving False Claim (per
claim).
31 U.S.C. 3802(a)(2)............... Program Fraud Civil 28 CFR 71.3(f)........ 11,803 12,537 13,508 13,946
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).... 6,021 6,396 6,891 7,114
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).... 23,607 25,076 27,018 27,894
Violation Involving
Kickbacks FN4 (per
occurrence).
18 U.S.C. 2723(b).................. Driver's Privacy Protection ...................... 8,708 9,250 9,966 10,289
Act of 1994; Prohibition
on Release and Use of
Certain Personal
Information from State
Motor Vehicle Records--
Substantial Non-compliance
(per day).
[[Page 9767]]
18 U.S.C. 216(b)................... Ethics Reform Act of 1989; 28 CFR 85.3(c)........ 103,657 110,107 118,635 122,480
Penalties for Conflict of
Interest Crimes FN5 (per
violation).
41 U.S.C. 2105(b)(1)............... Office of Federal ...................... 108,315 115,054 123,965 127,983
Procurement Policy Act;
FN6 Violation by an
individual (per violation).
41 U.S.C. 2105(b)(2)............... Office of Federal ...................... 1,083,140 1,150,533 1,239,642 1,279,819
Procurement Policy Act;
FN6 Violation by an
organization (per
violation).
42 U.S.C. 5157(d).................. Disaster Relief Act of ...................... 13,685 14,536 15,662 16,170
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 Clinic 28 CFR 85.3(b)(1)(i).. 17,364 18,444 19,872 20,516
Entrances Act of 1994
(``FACE Act''); Nonviolent
physical obstruction,
first violation.
18 U.S.C. 248(c)(2)(B)(ii)......... FACE Act; Nonviolent 28 CFR 85.3(b)(1)(ii). 26,125 27,750 29,899 30,868
physical obstruction,
subsequent violation.
18 U.S.C. 248(c)(2)(B)(i).......... FACE Act; Violation other 28 CFR 85.3(b)(2)(i).. 26,125 27,750 29,899 30,868
than a nonviolent physical
obstruction, first
violation.
18 U.S.C. 248(c)(2)(B)(ii)......... FACE Act; Violation other 28 CFR 85.3(b)(2)(ii). 43,543 46,252 49,834 51,449
than a nonviolent physical
violation).
42 U.S.C. 3614(d)(1)(C)(i)......... Fair Housing Act of 1968; 28 CFR 85.3(b)(3)(i).. 108,315 115,054 123,965 127,983
first violation.
42 U.S.C. 3614(d)(1)(C)(ii)........ Fair Housing Act of 1968; 28 CFR 85.3(b)(3)(ii). 216,628 230,107 247,929 255,964
subsequent violation.
42 U.S.C. 12188(b)(2)(C)(i)........ Americans With Disabilities 28 CFR 36.504(a)(3)(i) 97,523 103,591 111,614 115,231
Act; Public accommodations
for individuals with
disabilities, first
violation.
42 U.S.C. 12188(b)(2)(C)(ii)....... Americans With Disabilities 28 CFR 195,047 207,183 223,229 230,464
Act; Public accommodations 36.504(a)(3)(ii).
for individuals with
disabilities subsequent
violation.
50 U.S.C. 4041(b)(3)............... Servicemembers Civil Relief 28 CFR 85.3(b)(4)(i).. 65,480 69,554 74,941 77,370
Act of 2003; first
violation.
50 U.S.C. 4041(b)(3)............... Servicemembers Civil Relief 28 CFR 85.3(b)(4)(ii). 130,961 139,109 149,883 154,741
Act of 2003; subsequent
violation.
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Criminal Division
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18 U.S.C. 983(h)(1)................ Civil Asset Forfeiture ...................... Min 374, Min 397, Min 428, Min 442,
Reform Act of 2000; Max 7,482 Max 7,948 Max 8,564 Max 8,842
Penalty for Frivolous
Assertion of Claim.
18 U.S.C. 1956(b).................. Money Laundering Control ...................... 23,607 25,076 27,018 27,894
Act of 1986; Violation FN8.
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DEA
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21 U.S.C. 844a(a).................. Anti-Drug Abuse Act of 28 CFR 76.3(a)........ 21,663 23,011 24,793 25,597
1988; Possession of small
amounts of controlled
substances (per violation).
21 U.S.C. 961(1)................... Controlled Substance Import 28 CFR 85.3(d)........ 75,267 79,950 86,142 88,934
Export Act; Drug abuse,
import or export.
21 U.S.C. 842(c)(1)(A)............. Controlled Substances Act ...................... 68,426 72,683 78,312 80,850
(``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 ...................... 15,876 16,864 18,170 18,759
842(a)(5), (10), and (17)--
Prohibited acts re:
controlled substances.
21 U.S.C. 842(c)(1)(B)(ii)-........ SUPPORT for Patients and ...................... 102,967 109,374 117,845 121,664
Communities Act; FN9
Violations of 842(b)(ii)--
Failures re: opioids.
21 U.S.C. 842(c)(1)(C)............. CSA; Violation of 825(e) by ...................... 548,339 582,457 627,568 647,907
importer, exporter,
manufacturer, or
distributor--False
labeling of anabolic
steroids (per violation).
21 U.S.C. 842(c)(1)(D)............. CSA; Violation of 825(e) at ...................... 1,097 1,165 1,255 1,296
the retail level--False
labeling of anabolic
steroids (per violation).
21 U.S.C. 842(c)(2)(C)............. CSA; Violation of ...................... 411,223 436,809 470,640 485,893
842(a)(11) by a business--
Distribution of laboratory
supply with reckless
disregard FN10.
21 U.S.C. 842(c)(2)(D)............. SUPPORT for Patients and ...................... 514,834 546,867 589,222 608,319
Communities Act; FN9
Violations of 842(a)(5),
(10) and (17) by a
registered manufacture or
distributor of opioids.
Failures re: opioids.
[[Page 9768]]
21 U.S.C. 856(d)................... Illicit Drug Anti- ...................... 379,193 402,786 433,982 448,047
Proliferation Act of 2003;
Maintaining drug-involved
premises FN11.
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Immigration-Related Penalties FN12
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8 U.S.C. 1324a(e)(4)(A)(i)......... Immigration Reform and 28 CFR 68.52(c)(1)(i). Min 590, Min 627, Min 676, Min 698,
Control Act of 1986 Max 4,722 Max 5,016 Max 5,404 Max 5,579
(``IRCA''); Unlawful
employment of aliens,
first order (per
unauthorized alien).
8 U.S.C. 1324a(e)(4)(A)(ii)........ IRCA; Unlawful employment 28 CFR 68.52(c)(1)(ii) Min 4,722, Min 5,016, Min 5,404, Min 5,579,
of aliens, second order Max 11,803 Max 12,537 Max 13,508 Max 13,946
(per such alien).
8 U.S.C. 1324a(e)(4)(A)(iii)....... IRCA; Unlawful employment 28 CFR Min 7,082, Min 7,523, Min 8,106, Min 8,369,
of aliens, subsequent 68.52(c)(1)(iii). Max 23,607 Max 25,076 Max 27,018 Max 27,894
order (per such alien).
8 U.S.C. 1324a(e)(5)............... IRCA; Paperwork violation 28 CFR 68.52(c)(5).... Min 237, Min 252, Min 272, Min 281,
(per relevant individual). Max 2,360 Max 2,507 Max 2,701 Max 2,789
8 U.S.C. 1324a (note).............. IRCA; Violation relating to 28 CFR 68.52(c)(6).... Min 823, Min 874, Min 942, Min 973,
participating employer's Max 1,644 Max 1,746 Max 1,881 Max 1,942
failure to notify of final
nonconfirmation of
employee's employment
eligibility (per relevant
individual).
8 U.S.C. 1324a(g)(2)............... IRCA; Violation/prohibition 28 CFR 68.52(c)(7).... 2,360 2,507 2,701 2,789
of indemnity bonds (per
violation).
8 U.S.C. 1324b(g)(2)(B)(iv)(I)..... IRCA; Unfair immigration- 28 CFR Min 487, Min 517, Min 557, Min 575,
related employment 68.52(d)(1)(viii). Max 3,901 Max 4,144 Max 4,465 Max 4,610
practices, first order
(per individual
discriminated against).
8 U.S.C. 1324b(g)(2)(B)(iv)(II).... IRCA; Unfair immigration- 28 CFR 68.52(d)(1)(ix) Min 3,901, Min 4,144, Min 4,465, Min 4,610,
related employment Max 9,753 Max 10,360 Max 11,162 Max 11,524
practices, second order
(per individual
discriminated against).
8 U.S.C. 1324b(g)(2)(B)(iv)(III)... IRCA; Unfair immigration- 28 CFR 68.52(d)(1)(x). Min 5,851, Min 6,215, Min 6,696, Min 6,913,
related employment Max 19,505 Max 20,719 Max 22,324 Max 23,048
practices, subsequent
order (per individual
discriminated against).
8 U.S.C. 1324b(g)(2)(B)(iv)(I V)... IRCA; Unfair immigration- 28 CFR Min 195, Min 207, Min 223, Min 230,
related employment 68.52(d)(1)(xii). Max 1,951 Max 2,072 Max 2,232 Max 2,304
practices, unfair
documentary practices (per
individual discriminated
against).
8 U.S.C. 1324c(d)(3)(A)............ IRCA; Document fraud, first 28 CFR 68.52(e)(1)(i). Min 487, Min 517, Min 557, Min 575,
order--for violations Max 3,901 Max 4,144 Max 4,465 Max 4,610
described in U.S.C.
1324c(a)(1)-(4) (per
document).
8 U.S.C. 1324c(d)(3)(B)............ IRCA; Document fraud, 28 CFR Min 3,901, Min 4,144, Min 4,465, Min 4,610,
subsequent order--for 68.52(e)(1)(iii). Max 9,753 Max 10,360 Max 11,162 Max 11,524
violations described in
U.S.C. 1324c(a)(1)-(4)
(per document).
8 U.S.C. 1324c(d)(3)(A)............ IRCA; Document fraud, first 28 CFR 68.52(e)(1)(ii) Min 412, Min 438, Min 472, Min 487,
order--for violations Max 3,289 Max 3,494 Max 3,765 Max 3,887
described in U.S.C.
1324c(a)(5)-(6) (per
document).
8 U.S.C. 1324c(d)(3)(B)............ IRCA; Document fraud, 28 CFR 68.52(e)(1)(iv) Min 3,289, Min 3,494, Min 3,765, Min 3,887,
subsequent order--for Max 8,224 Max 8,736 Max 9,413 Max 9,718
violations described in
U.S.C. 1324c(a)(5)-(6)
(per document).
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FBI
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49 U.S.C. 30505(a)................. National Motor Vehicle ...................... 1,742 1,850 1,993 2,058
Title Identification
System; Violation (per
violation).
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Office of Justice Programs
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34 U.S.C. 10231(d)................. Confidentiality of 28 CFR 20.25.......... 30,107 31,980 34,457 35,574
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 January 30, 2023.
\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).
[[Page 9769]]
\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\ The SUPPORT for Patients and Communities Act, Public Law 115-221 was enacted Oct. 24, 2018.
\10\ 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).
\11\ 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).
\12\ The date of assessment for purposes of calculating the minimum and maximum civil money penalties for violations of 8 U.S.C. 1324a under 28 CFR 85.5
is the date of the OCAHO final order, rather than the date of service of the Notice of Intent to Fine. United States v. Edgemont Group, LLC, 17 OCAHO
no. 1470e (2023).
Dated: February 5, 2024.
Susan M. Davies,
Acting Assistant Attorney General, Office of Legal Policy.
[FR Doc. 2024-02829 Filed 2-9-24; 8:45 am]
BILLING CODE 4410-BB-P
