Rule2022-09928
Civil Monetary Penalties Inflation Adjustments for 2022
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 9, 2022
Effective
May 9, 2022
Issuing agencies
Justice Department
Abstract
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 May 9, 2022 with respect to violations occurring after November 2, 2015.
Full Text
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<title>Federal Register, Volume 87 Issue 89 (Monday, May 9, 2022)</title>
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[Federal Register Volume 87, Number 89 (Monday, May 9, 2022)]
[Rules and Regulations]
[Pages 27513-27519]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09928]
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DEPARTMENT OF JUSTICE
28 CFR Part 85
[Docket No. OLP 172]
Civil Monetary Penalties Inflation Adjustments for 2022
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 May 9, 2022 with respect to
violations occurring after November 2, 2015.
DATES: This rule is effective May 9, 2022.
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
[[Page 27514]]
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 December 13, 2021 (86 FR 70740),
to adjust the civil money penalties to account for inflation occurring
since 2020.
II. Inflation Adjustments Made by This Rule
As required, the Department is publishing this final rule to adjust
for 2022 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 2021. The OMB
Memorandum for the Heads of Executive Departments and Agencies M-22-07
(Dec. 15, 2021) <a href="https://www.whitehouse.gov/wp-content/uploads/2021/12/M-22-07.pdf">https://www.whitehouse.gov/wp-content/uploads/2021/12/M-22-07.pdf</a> (last visited May 2, 2022), instructs that the applicable
inflation factor for this adjustment is 1.06222.
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:
<bullet> In 2016, the Program Fraud Civil Remedies Act penalty was
increased to $10,781 in accordance with the adjustment requirements of
the BBA.
<bullet> 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).
<bullet> 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).
<bullet> 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).
<bullet> For the final rule in 2020 (in which the ending 2019
penalty amounts were used as the starting penalty amounts for purposes
of calculation) the starting penalty of $11,463 was multiplied by
1.01764 and revised to $11,665 (rounded to the nearest dollar.)
<bullet> 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).
<bullet> For this final rule in 2022, where the applicable
inflation factor is 1.06222, the existing penalty of $11,803 is
multiplied by 1.06222 and revised to $12,537 (rounded to the nearest
dollar).
This rule adjusts for inflation civil monetary penalties within the
jurisdiction of the Department of Justice for purposes of the Inflation
Adjustment Act, as amended. Other agencies are responsible for the
inflation adjustments of certain other civil monetary penalties that
the Department's litigating components bring suit to collect. The
reader should consult the regulations of those other agencies for
inflation adjustments to those penalties.
III. Effective Date of Adjusted Civil Penalty Amounts
Under this rule, the adjusted civil penalty amounts are applicable
only to civil penalties assessed after May 9, 2022, with respect to
violations occurring after November 2, 2015, the date of enactment of
the BBA.
The penalty amounts set forth in the existing table in 28 CFR 85.5
are applicable to civil penalties assessed after August 1, 2016, and on
or before the effective date of this rule, with respect to violations
occurring after November 2, 2015. Civil penalties for violations
occurring on or before November 2, 2015, and assessments made on or
before August 1, 2016, will continue to be subject to the civil
monetary penalty amounts set forth in the Department's regulations in
28 CFR parts 20, 22, 36, 68, 71, 76, and 85 as such regulations were in
effect prior to August 1, 2016 (or as set forth by statute if the
amount had not yet been adjusted by regulation prior to August 1,
2016).
IV. Statutory and Regulatory Analyses
A. Administrative Procedure Act
The BBA provides that, for each annual adjustment made after the
initial adjustments of civil penalties in 2016, the head of an agency
shall adjust the civil monetary penalties each year notwithstanding 5
U.S.C. 553. Accordingly, this rule is being issued as a final rule
without prior notice and public comment, and without a delayed
effective date.
B. Regulatory Flexibility Act
Only those entities that are determined to have violated Federal
law and regulations would be affected by the increase in the civil
penalty amounts made by this rule. A Regulatory Flexibility Act
analysis is not required for this rule because publication of a notice
of proposed rulemaking was not required. See 5 U.S.C. 603(a).
C. Executive Orders 12866 and 13563--Regulatory Review
This final rule has been drafted in accordance with Executive Order
12866, ``Regulatory Planning and Review,'' section 1(b), The Principles
of Regulation, and in accordance with Executive Order 13563,
``Improving Regulation and Regulatory Review,'' section 1, General
Principles of Regulation. Executive Orders 12866 and 13563 direct
agencies, in certain circumstances, to assess all costs and benefits of
available regulatory alternatives and, if regulation is necessary, to
select regulatory approaches that maximize net benefits (including
potential economic, environmental, public health and safety effects,
distributive impacts, and equity).
The Department of Justice has determined that this rule is not a
``significant regulatory action'' under Executive Order 12866,
``Regulatory Planning and Review,'' section 3(f), and, accordingly,
this rule has not been
[[Page 27515]]
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 December 13, 2021
(86 FR 70740).
D. Executive Order 13132--Federalism
This rule will not have substantial direct effects on the States,
on the relationship between the National Government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Therefore, in accordance with Executive Order
13132, it is determined that this rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
E. Executive Order 12988--Civil Justice Reform
This regulation meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive Order 12988.
F. Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
G. Congressional Review Act
This rule is not a major rule as defined by the Congressional
Review Act, 5 U.S.C. 804.
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 AG 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 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 seventh column of table 1
to this section.
(b) 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 sixth
column of table 1 to this section. For civil penalties assessed after
June 19, 2020, and on or before December 13, 2021, whose associated
violations occurred after November 2, 2015, the civil monetary
penalties provided by law within the jurisdiction of the Department are
adjusted as set forth in the fifth column of table 1 to this section.
For civil penalties assessed after January 29, 2018, and on or before
June 19, 2020, whose associated violations occurred after November 2,
2015, the civil monetary penalties provided by law within the
jurisdiction of the Department are those set forth in the fourth column
of table 1 to this section.
(c) For civil penalties assessed on or before January 29, 2018, the
civil monetary penalties provided by law within the jurisdiction of the
Department are set forth in 28 CFR 85.5 (revised as of July 1, 2017).
(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 1/ assessed after 6/ assessed after 12/ assessed after 5/
29/2018 ($) 19/2020 ($) 13/2021 \1\ 9/2022 \2\
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ATF
--------------------------------------------------------------------------------------------------------------------------------------------------------
18 U.S.C. 922(t)(5)............ Brady Law--Nat'l .................. 8,465............. 8,831............. 8,935............. 9,491.
Instant Criminal
Check System
(NICS); Transfer of
firearm without
checking NICS.
18 U.S.C. 924(p)............... Child Safety Lock .................. 3,096............. 3,230............. 3,268............. 3,471.
Act; Secure gun
storage or safety
device, violation.
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Civil Division
--------------------------------------------------------------------------------------------------------------------------------------------------------
12 U.S.C. 1833a(b)(1).......... Financial 28 CFR 85.3(a)(6). 1,963,870......... 2,048,915......... 2,073,133......... 2,202,123.
Institutions
Reform, Recovery,
and Enforcement Act
(FIRREA) Violation.
12 U.S.C. 1833a(b)(2).......... FIRREA Violation 28 CFR 85.3(a)(7). 1,963,870......... 2,048,915......... 2,073,133......... 2,202,123.
(continuing) (per
day).
12 U.S.C. 1833a(b)(2).......... FIRREA Violation 28 CFR 85.3(a)(7). 9,819,351......... 10,244,577........ 10,365,668........ 11,010,620.
(continuing).
22 U.S.C. 2399b(a)(3)(A)....... Foreign Assistance 28 CFR 85.3(a)(8). 5,704............. 5,951............. 6,021............. 6,396.
Act; Fraudulent
Claim for
Assistance (per
act).
31 U.S.C. 3729(a).............. False Claims Act; 28 CFR 85.3(a)(9). Min 11,181, Max Min 11,665, Max Min 11,803, Max Min 12,537, Max
\3\ Violations. 22,363. 23,331. 23,607. 25,076.
31 U.S.C. 3802(a)(1)........... Program Fraud Civil 28 CFR 71.3(a).... 11,181............ 11,665............ 11,803............ 12,537.
Remedies Act;
Violations
Involving False
Claim (per claim).
[[Page 27516]]
31 U.S.C. 3802(a)(2)........... Program Fraud Civil 28 CFR 71.3(f).... 11,181............ 11,665............ 11,803............ 12,537.
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) 5,704............. 5,951............. 6,021............. 6,396.
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) 22,363............ 23,331............ 23,607............ 25,076.
Violation Involving
Kickbacks \4\ (per
occurrence).
18 U.S.C. 2723(b).............. Driver's Privacy .................. 8,249............. 8,606............. 8,708............. 9,250.
Protection Act of
1994; Prohibition
on Release and Use
of Certain Personal
Information from
State Motor Vehicle
Records--Substantia
l Non-compliance
(per day).
18 U.S.C. 216(b)............... Ethics Reform Act of 28 CFR 85.3(c).... 98,194............ 102,446........... 103,657........... 110,107.
1989; Penalties for
Conflict of
Interest Crimes \5\
(per violation).
41 U.S.C. 2105(b)(1)........... Office of Federal .................. 102,606........... 107,050........... 108,315........... 115,054.
Procurement Policy
Act; \6\ Violation
by an individual
(per violation).
41 U.S.C. 2105(b)(2)........... Office of Federal .................. 1,026,054......... 1,070,487......... 1,083,140......... 1,150,533.
Procurement Policy
Act; \6\ Violation
by an organization
(per violation).
42 U.S.C. 5157(d).............. Disaster Relief Act .................. 12,964............ 13,525............ 13,685............ 14,536.
of 1974; \7\
Violation (per
violation).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Civil Rights Division (excluding immigration-related penalties)
--------------------------------------------------------------------------------------------------------------------------------------------------------
18 U.S.C. 248(c)(2)(B)(i)...... Freedom of Access to 28 CFR 16,499............ 17,161............ 17,364............ 18,444.
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 24,748............ 25,820............ 26,125............ 27,750.
physical 85.3(b)(1)(ii).
obstruction,
subsequent
violation.
18 U.S.C. 248(c)(2)(B)(i)...... FACE Act; Violation 28 CFR 24,748............ 25,820............ 26,125............ 27,750.
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 41,248............ 43,034............ 43,543............ 46,252.
other than a 85.3(b)(2)(ii).
nonviolent physical
obstruction,
subsequent
violation.
42 U.S.C. 3614(d)(1)(C)(i)..... Fair Housing Act of 28 CFR 102,606........... 107,050........... 108,315........... 115,054.
1968; first 85.3(b)(3)(i).
violation.
42 U.S.C. 3614(d)(1)(C)(ii).... Fair Housing Act of 28 CFR 205,211........... 214,097........... 216,628........... 230,107.
1968; subsequent 85.3(b)(3)(ii).
violation.
42 U.S.C. 12188(b)(2)(C)(i).... Americans With 28 CFR 92,383............ 96,384............ 97,523............ 103,591.
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 184,767........... 192,768........... 195,047........... 207,183.
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 62,029............ 64,715............ 65,480............ 69,554.
Relief Act of 2003; 85.3(b)(4)(i).
first violation.
50 U.S.C. 4041(b)(3)........... Servicemembers Civil 28 CFR 124,058........... 129,431........... 130,961........... 139,109.
Relief Act of 2003; 85.3(b)(4)(ii).
subsequent
violation.
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Criminal Division
--------------------------------------------------------------------------------------------------------------------------------------------------------
18 U.S.C. 983(h)(1)............ Civil Asset .................. Min 355, Max 7,088 Min 370, Max 7,395 Min 374, Max 7,482 Min 397, Max
Forfeiture Reform 7,948.
Act of 2000;
Penalty for
Frivolous Assertion
of Claim.
18 U.S.C. 1956(b).............. Money Laundering .................. 22,363............ 23,331............ 23,607............ 25,076.
Control Act of
1986; Violation \8\.
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[[Page 27517]]
DEA
--------------------------------------------------------------------------------------------------------------------------------------------------------
21 U.S.C. 844a(a).............. Anti-Drug Abuse Act 28 CFR 76.3(a).... 20,521............ 21,410............ 21,663............ 23,011.
of 1988; Possession
of small amounts of
controlled
substances (per
violation).
21 U.S.C. 961(1)............... Controlled Substance 28 CFR 85.3(d).... 71,301............ 74,388............ 75,267............ 79,950.
Import Export Act;
Drug abuse, import
or export.
21 U.S.C. 842(c)(1)(A)......... Controlled .................. 64,820............ 67,627............ 68,426............ 72,683.
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 .................. 15,040............ 15,691............ 15,876............ 16,864.
842(a)(5), (10),
and (17)--
Prohibited acts re:
controlled
substances.
21 U.S.C. 842(c)(1)(B)(ii)..... SUPPORT for Patients .................. 100,000 (Statutory 101,764........... 102,967........... 109,374.
and Communities amount of new
Act; Violations of penalty enacted
842(b)(ii)--Failure 10/24/18) \11\.
s re: opioids.
21 U.S.C. 842(c)(1)(C)......... CSA; Violation of .................. 519,439........... 541,933........... 548,339........... 582,457.
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 .................. 1,039............. 1,084............. 1,097............. 1,165.
825(e) at the
retail level--False
labeling of
anabolic steroids
(per violation).
21 U.S.C. 842(c)(2)(C)......... CSA; Violation of .................. 389,550........... 406,419........... 411,223........... 436,809.
842(a)(11) by a
business--Distribut
ion of laboratory
supply with
reckless disregard
\9\.
21 U.S.C. 842(c)(2)(D)......... SUPPORT for Patients .................. 500,000 (Statutory 508,820........... 514,834........... 546,867.
and Communities amount of new
Act; Violations of penalty enacted
842(a)(5), (10) and 10/24/18) \11\.
(17) by a
registered
manufacture or
distributor of
opioids. Failures
re: opioids.
21 U.S.C. 856(d)............... Illicit Drug Anti- .................. 333,328........... 374,763........... 379,193........... 402,786.
Proliferation Act
of 2003;
Maintaining drug-
involved premises
\10\.
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Immigration-Related Penalties
--------------------------------------------------------------------------------------------------------------------------------------------------------
8 U.S.C. 1324a(e)(4)(A)(i)..... Immigration Reform 28 CFR Min 559, Max 4,473 Min 583, Max 4,667 Min 590, Max 4,722 Min 627, Max
and Control Act of 68.52(c)(1)(i). 5,016.
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 4,473, Max Min 4,667, Max Min 4,722, Max Min 5,016, Max
employment of 68.52(c)(1)(ii). 11,181. 11,665. 11,803. 12,537.
aliens, second
order (per such
alien).
8 U.S.C. 1324a(e)(4)(A)(iii)... IRCA; Unlawful 28 CFR Min 6,709, Max Min 6,999, Max Min 7,082, Max Min 7,523, Max
employment of 68.52(c)(1)(iii). 22,363. 23,331. 23,607. 25,076.
aliens, subsequent
order (per such
alien).
8 U.S.C. 1324a(e)(5)........... IRCA; Paperwork 28 CFR 68.52(c)(5) Min 224, Max 2,236 Min 234, Max 2,332 Min 237, Max 2,360 Min 252, Max
violation (per 2,507.
relevant
individual).
8 U.S.C. 1324a, (note)......... IRCA; Violation 28 CFR 68.52(c)(6) Min 779, Max 1,558 Min 813, Max 1,625 Min 823, Max 1,644 Min 874, Max
relating to 1,746.
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) 2,236............. 2,332............. 2,360............. 2,507.
prohibition of
indemnity bonds
(per violation).
8 U.S.C. 1324b(g)(2)(B)(iv)(I). IRCA; Unfair 28 CFR Min 461, Max 3,695 Min 481, Max 3,855 Min 487, Max 3,901 Min 517, Max
immigration-related 68.52(d)(1)(viii). 4,144.
employment
practices, first
order (per
individual
discriminated
against).
[[Page 27518]]
8 U.S.C. 1324b(g)(2)(B)(iv)(II) IRCA; Unfair 28 CFR Min 3,695, Max Min 3,855, Max Min 3,901, Max Min 4,144, Max
immigration-related 68.52(d)(1)(ix). 9,239. 9,639. 9,753. 10,360.
employment
practices, second
order (per
individual
discriminated
against).
8 U.S.C. IRCA; Unfair 28 CFR Min 5,543, Max Min 5,783, Max Min 5,851, Max Min 6,215, Max
1324b(g)(2)(B)(iv)(III). immigration-related 68.52(d)(1)(x). 18,477. 19,277. 19,505. 20,719.
employment
practices,
subsequent order
(per individual
discriminated
against).
8 U.S.C. 1324b(g)(2)(B)(iv)(IV) IRCA; Unfair 28 CFR Min 185, Max 1,848 Min 193, Max 1,928 Min 195, Max 1,951 Min 207, Max
immigration-related 68.52(d)(1)(xii). 2,072.
employment
practices, unfair
documentary
practices (per
individual
discriminated
against).
8 U.S.C. 1324c(d)(3)(A)........ IRCA; Document 28 CFR Min 461, Max 3,695 Min 481, Max 3,855 Min 487, Max 3,901 Min 517, Max
fraud, first order-- 68.52(e)(1)(i). 4,144.
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 3,695, Max Min 3,855, Max Min 3,901, Max Min 4,144, Max
fraud, subsequent 68.52(e)(1)(iii). 9,239. 9,639. 9,753. 10,360.
order--for
violations
described in U.S.C.
1324c(a)(1)-(4)
(per document).
8 U.S.C. 1324c(d)(3)(A)........ IRCA; Document 28 CFR Min 390, Max 3,116 Min 407, Max 3,251 Min 412, Max 3,289 Min 438, Max
fraud, first order-- 68.52(e)(1)(ii). 3,494.
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 3,116, Max Min 3,251, Max Min 3,289, Max Min 3,494, Max
fraud, subsequent 68.52(e)(1)(iv). 7,791. 8,128. 8,224. 8,736.
order--for
violations
described in U.S.C.
1324c(a)(5)-(6)
(per document).
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FBI
--------------------------------------------------------------------------------------------------------------------------------------------------------
49 U.S.C. 30505(a)............. National Motor .................. 1,650............. 1,722............. 1,742............. 1,850.
Vehicle Title
Identification
System; Violation
(per violation).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Office of Justice Programs
--------------------------------------------------------------------------------------------------------------------------------------------------------
34 U.S.C. 10231(d)............. Confidentiality of 28 CFR 20.25...... 28,520............ 29,755............ 30,107............ 31,980.
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 December 13, 2021.
\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).
[[Page 27519]]
\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: May 3, 2022.
Hampton Y. Dellinger,
Assistant Attorney General, Office of Legal Policy.
[FR Doc. 2022-09928 Filed 5-6-22; 8:45 am]
BILLING CODE 4410-19-P
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</html>Indexed from Federal Register on May 9, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.