83 FR 3944 - Civil Monetary Penalties Inflation Adjustment

DEPARTMENT OF JUSTICE

Federal Register Volume 83, Issue 19 (January 29, 2018)

The Department of Justice is adjusting for inflation the civil monetary penalties assessed or enforced by components of the Department, in accordance with the provisions of the Bipartisan Budget Act of 2015, for penalties assessed after January 29, 2018, with respect to violations occurring after November 2, 2015.

[Federal Register Volume 83, Number 19 (Monday, January 29, 2018)]
[Rules and Regulations]
[Pages 3944-3948]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01464]


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DEPARTMENT OF JUSTICE

28 CFR Part 85

[Docket No. OAG 159; AG Order No. 4093-2018]


Civil Monetary Penalties Inflation Adjustment

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: The Department of Justice is adjusting for inflation the civil 
monetary penalties assessed or enforced by components of the 
Department, in accordance with the provisions of the Bipartisan Budget 
Act of 2015, for penalties assessed after January 29, 2018, with 
respect to violations occurring after November 2, 2015.

DATES: This rule is effective January 29, 2018.

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 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 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 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), the Department published a final rule to adjust 
for inflation the civil monetary penalties assessed or enforced by 
components of the Department after that date, with respect to 
violations occurring after November 2, 2015.

II. Inflation Adjustments Made by This Rule

    As required, the Department is publishing this final rule to adjust 
the civil penalties that were most recently adjusted as of February 3, 
2017. Under the statutory formula, the adjustments made by this rule 
are based on the Bureau of Labor Statistics' Consumer Price Index for 
October 2017. The OMB Memorandum for the Heads of Executive Departments 
and Agencies M-18-03 (Dec. 15, 2017), https://www.whitehouse.gov/wp-content/uploads/2017/11/M-18-03.pdf (last visited Jan. 1, 2018), 
instructs that the applicable inflation factor for this adjustment is 
1.02041. Accordingly, this rule adjusts the civil penalty amounts in 28 
CFR 85.5 by applying this inflation factor mechanically to each of the 
civil penalty amounts listed (rounded to the nearest dollar).
    Example:
     In 2016, the Program Fraud Civil Remedies Act penalty was 
increased to $10,781 in accordance with the adjustment requirements of 
the BBA.
     For 2017, where the applicable inflation factor was 
1.01636, the existing penalty of $10,781 was multiplied by 1.01636 and 
revised to $10,957 (rounded to the nearest dollar).
     For this final rule in 2018, where the applicable 
inflation factor is 1.02041, the existing penalty of $10,957 is 
multiplied by 1.02041 and revised to $11,181 (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 January 29, 2018, 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).

Statutory and Regulatory Analyses

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.

[[Page 3945]]

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).

Executive Orders 12866 and 13563--Regulatory Review

    This final rule has been drafted in accordance with Executive Order 
12866, ``Regulatory Planning and Review,'' section 1(b), The Principles 
of Regulation, and in accordance with Executive Order 13563, 
``Improving Regulation and Regulatory Review,'' section 1, General 
Principles of Regulation. Executive Orders 12866 and 13563 direct 
agencies, in certain circumstances, to assess all costs and benefits of 
available regulatory alternatives and, if regulation is necessary, to 
select regulatory approaches that maximize net benefits (including 
potential economic, environmental, public health and safety effects, 
distributive impacts, and equity).
    The Department of Justice has determined that this rule is not a 
``significant regulatory action'' under Executive Order 12866, 
``Regulatory Planning and Review,'' section 3(f), and, accordingly, 
this rule has not been reviewed by the Office of Management and Budget. 
This final rule implements the BBA by making an across-the-board 
adjustment of the civil penalty amounts in 28 CFR 85.5 to account for 
inflation since the adoption of the Department's final rule published 
on February 3, 2017.

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.

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.

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.

Congressional Review Act

    This rule is not a major rule as defined by the Congressional 
Review Act, 5 U.S.C. 804. It will not result in an annual effect on the 
economy of $100 million or more; a major increase in costs or prices 
for consumers, individual industries, Federal, State, or local 
government agencies, or geographic regions; or significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or on the ability of United States-based enterprises to 
compete with foreign-based enterprises in domestic and export markets.

List of Subjects in 28 CFR Part 85

    Administrative practice and procedure, Penalties.

    Accordingly, for the reasons set forth in the preamble, chapter I 
of Title 28 of the Code of Federal Regulations is amended as follows:

PART 85--CIVIL MONETARY PENALTIES INFLATION ADJUSTMENT

0
1. The authority citation for part 85 continues to read as follows:

    Authority: 5 U.S.C. 301, 28 U.S.C. 503; Pub. L. 101-410, 104 
Stat. 890, as amended by Pub. L. 104-134, 110 Stat. 1321; Pub. L. 
114-74, section 701, 28 U.S.C. 2461 note.


0
2. Revise Sec.  85.5 to read as follows:


Sec.  85.5  Adjustments to penalties for violations occurring after 
November 2, 2015.

    For civil penalties assessed after January 29, 2018, whose 
associated violations occurred after November 2, 2015, the civil 
monetary penalties provided by law within the jurisdiction of the 
Department are adjusted as set forth in the sixth column of the 
following table. For civil penalties assessed after February 3, 2017, 
and on or before January 29, 2018, whose associated violations occurred 
after November 2, 2015, the civil monetary penalties provided by law 
within the jurisdiction of the Department are those set forth in the 
fifth column of the following table. For civil penalties assessed after 
August 1, 2016, and on or before February 3, 2017, whose associated 
violations occurred after November 2, 2015, the civil monetary 
penalties provided by law within the jurisdiction of the Department are 
those set forth in the fourth column of the following table. All 
figures set forth in this table are maximum penalties, unless otherwise 
indicated.

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                                                                                                                   DOJ penalty           DOJ penalty
          U.S.C. citation                Name/description            CFR citation      DOJ penalty  assessed  assessed after  2/3/  assessed after  1/29/
                                                                                         after  8/1/16  ($)         17  ($) 1            2018  ($) 2
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                                                                           ATF
--------------------------------------------------------------------------------------------------------------------------------------------------------
18 U.S.C. 922(t)(5)...............  Brady Law--Nat'l Instant    .....................  8,162................  8,296...............  8,465.
                                     Criminal Check System;
                                     Transfer of firearm
                                     without checking NICS.
18 U.S.C. 924(p)..................  Child Safety Lock Act;      .....................  2,985................  3,034...............  3,096.
                                     Secure gun storage or
                                     safety device, violation.
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                                                                     Civil Division
--------------------------------------------------------------------------------------------------------------------------------------------------------
12 USC 1833a(b)(1)................  Financial Institutions      28 CFR 85.3(a)(6)....  1,893,610............  1,924,589...........  1,963,870.
                                     Reform, Recovery, and
                                     Enforcement Act (FIRREA)
                                     Violation.
12 U.S.C. 1833a(b)(2).............  FIRREA Violation            28 CFR 85.3(a)(7)....  1,893,610............  1,924,589...........  1,963,870.
                                     (continuing) (per day).
12 U.S.C. 1833a(b)(2).............  FIRREA Violation            28 CFR 85.3(a)(7)....  9,468,050............  9,622,947...........  9,819,351.
                                     (continuing).
22 U.S.C. 2399b(a)(3)(A)..........  Foreign Assistance Act;     28 CFR 85.3(a)(8)....  5,500................  5,590...............  5,704.
                                     Fraudulent Claim for
                                     Assistance (per act).
31 U.S.C. 3729(a).................  False Claims Act; 3         28 CFR 85.3(a)(9)....  Min. 10,781, Max.      Min. 10,957, Max.     Min. 11,181, Max.
                                     Violations.                                        21,563.                21,916.               22,363.

[[Page 3946]]

 
31 U.S.C. 3802(a)(1)..............  Program Fraud Civil         28 CFR 71.3(a).......  10,781...............  10,957..............  11,181.
                                     Remedies Act; Violations
                                     Involving False Claim
                                     (per claim).
31 U.S.C. 3802(a)(2)..............  Program Fraud Civil         28 CFR 71.3(f).......  10,781...............  10,957..............  11,181.
                                     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)...  5,500................  5,590...............  5,704.
                                     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)...  21,563...............  21,916..............  22,363.
                                     Violation Involving
                                     Kickbacks 4 (per
                                     occurrence).
18 U.S.C. 2723(b).................  Driver's Privacy            .....................  7,954................  8,084...............  8,249.
                                     Protection Act of 1994;
                                     Prohibition on Release
                                     and Use of Certain
                                     Personal Information from
                                     State Motor Vehicle
                                     Records--Substantial Non-
                                     compliance (per day).
18 U.S.C. 216(b)..................  Ethics Reform Act of 1989;  28 CFR 85.3(c).......  94,681...............  96,230..............  98,194.
                                     Penalties for Conflict of
                                     Interest Crimes 5 (per
                                     violation).
41 U.S.C. 2105(b)(1)..............  Office of Federal           .....................  98,935...............  100,554.............  102,606.
                                     Procurement Policy Act; 6
                                     Violation by an
                                     individual (per
                                     violation).
41 U.S.C. 2105(b)(2)..............  Office of Federal           .....................  989,345..............  1,005,531...........  1,026,054.
                                     Procurement Policy Act; 6
                                     Violation by an
                                     organization (per
                                     violation).
42 U.S.C. 5157(d).................  Disaster Relief Act of      .....................  12,500...............  12,705..............  12,964.
                                     1974; 7 Violation (per
                                     violation).
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                                             Civil Rights Division (excluding immigration-related penalties)
--------------------------------------------------------------------------------------------------------------------------------------------------------
18 U.S.C. 248(c)(2)(B)(i).........  Freedom of Access to        28 CFR 85.3(b)(1)(i).  15,909...............  16,169..............  16,499.
                                     Clinic 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)  23,863...............  24,253..............  24,748.
                                     physical obstruction,
                                     subsequent violation.
18 U.S.C. 248(c)(2)(B)(i).........  FACE Act; Violation other   28 CFR 85.3(b)(2)(i).  23,863...............  24,253..............  24,748.
                                     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)  39,772...............  40,423..............  41,248.
                                     than a nonviolent
                                     physical obstruction,
                                     subsequent violation.
42 U.S.C. 3614(d)(1)(C)(i)........  Fair Housing Act of 1968;   28 CFR 85.3(b)(3)(i).  98,935...............  100,554.............  102,606.
                                     first violation.
42 U.S.C. 3614(d)(1)(C)(ii).......  Fair Housing Act of 1968;   28 CFR 85.3(b)(3)(ii)  197,869..............  201,106.............  205,211.
                                     subsequent violation.
42 U.S.C. 12188(b)(2)(C)(i).......  Americans With              28 CFR                 89,078...............  90,535..............  92,383.
                                     Disabilities Act; Public    36.504(a)(3)(i).
                                     accommodations for
                                     individuals with
                                     disabilities, first
                                     violation.
42 U.S.C. 12188(b)(2)(C)(ii)......  Americans With              28 CFR                 178,156..............  181,071.............  184,767.
                                     Disabilities Act; Public    36.504(a)(3)(ii).
                                     accommodations for
                                     individuals with
                                     disabilities, subsequent
                                     violation.
50 U.S.C. 4041(b)(3)..............  Servicemembers Civil        28 CFR 85.3(b)(4)(i).  59,810...............  60,788..............  62,029.
                                     Relief Act of 2003; first
                                     violation.
50 U.S.C. 4041(b)(3)..............  Servicemembers Civil        28 CFR 85.3(b)(4)(ii)  119,620..............  121,577.............  124,058.
                                     Relief 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. 342, Max. 6,834.  Min. 348, Max. 6,946  Min. 355, Max.
                                     Reform Act of 2000;                                                                             7,088.
                                     Penalty for Frivolous
                                     Assertion of Claim.
18 U.S.C. 1956(b).................  Money Laundering Control    .....................  21,563...............  21,916..............  22,363.
                                     Act of 1986; Violation 8.
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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).......  19,787...............  20,111..............  20,521.
                                     1988; Possession of small
                                     amounts of controlled
                                     substances (per
                                     violation).
21 U.S.C. 961(1)..................  Controlled Substance        28 CFR 85.3(d).......  68,750...............  69,875..............  71,301.
                                     Import Export Act; Drug
                                     abuse, import or export.
21 U.S.C. 842(c)(1)(A)............  Controlled Substances Act   .....................  62,500...............  63,523..............  64,820.
                                     (``CSA''); Violations of
                                     842(a)--other than (5),
                                     (10) and (16)--Prohibited
                                     acts re: controlled
                                     substances (per
                                     violation).
21 U.S.C. 842(c)(1)(B)............  CSA; Violations of          .....................  14,502...............  14,739..............  15,040.
                                     842(a)(5) and (10)--
                                     Prohibited acts re:
                                     controlled substances.
21 U.S.C. 842(c)(1)(C)............  CSA; Violation of 825(e)    .....................  500,855..............  509,049.............  519,439.
                                     by 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)    .....................  1,002................  1,018...............  1,039.
                                     at the retail level--
                                     False labeling of
                                     anabolic steroids (per
                                     violation).
21 U.S.C. 842(c)(2)(C)............  CSA; Violation of           .....................  375,613..............  381,758.............  389,550.
                                     842(a)(11) by a business--
                                     Distribution of
                                     laboratory supply with
                                     reckless disregard 9.
21 U.S.C. 856(d)..................  Illicit Drug Anti-          .....................  321,403..............  326,661.............  333,328.
                                     Proliferation Act of
                                     2003; Maintaining drug-
                                     involved premises 10.
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[[Page 3947]]

 
                                                              Immigration-Related Penalties
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8 U.S.C. 1324a(e)(4)(A)(i)........  Immigration Reform and      28 CFR 68.52(c)(1)(i)  Min. 539, Max. 4,313.  Min. 548, Max. 4,384  Min. 559, Max.
                                     Control Act of 1986                                                                             4,473.
                                     (``IRCA''); Unlawful
                                     employment of aliens,
                                     first order (per
                                     unauthorized alien).
8 U.S.C. 1324a(e)(4)(A)(ii).......  IRCA; Unlawful employment   28 CFR                 Min. 4,313, Max.       Min. 4,384, Max.      Min. 4,473, Max.
                                     of aliens, second order     68.52(c)(1)(ii).       10,781.                10,957.               11,181.
                                     (per such alien).
8 U.S.C. 1324a(e)(4)(A)(iii)......  IRCA; Unlawful employment   28 CFR                 Min. 6,469, Max.       Min. 6,575, Max.      Min. 6,709, Max.
                                     of aliens, subsequent       68.52(c)(1)(iii).      21,563.                21,916.               22,363.
                                     order (per such alien).
8 U.S.C. 1324a(e)(5)..............  IRCA; Paperwork violation   28 CFR 68.52(c)(5)...  Min. 216, Max. 2,156.  Min. 220, Max. 2,191  Min. 224, Max.
                                     (per relevant individual).                                                                      2,236.
8 U.S.C. 1324a, (note)............  IRCA; Violation relating    28 CFR 68.52(c)(6)...  Min. 751 Max.1,502...  Min. 763, Max. 1,527  Min. 779, Max.
                                     to participating                                                                                1,558.
                                     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)...  2,156................  2,191...............  2,236.
                                     prohibition of indemnity
                                     bonds (per violation).
8 U.S.C. 1324b(g)(2)(B)(iv)(I)....  IRCA; Unfair immigration-   28 CFR                 Min. 445, Max. 3,563.  Min. 452, Max. 3,621  Min. 461, Max.
                                     related employment          68.52(d)(1)(viii).                                                  3,695.
                                     practices, first order
                                     (per individual
                                     discriminated against).
8 U.S.C. 1324b(g)(2)(B)(iv)(II)...  IRCA; Unfair immigration-   28 CFR                 Min. 3,563, Max.       Min. 3,621, Max.      Min. 3,695, Max.
                                     related employment          68.52(d)(1)(ix).       8,908.                 9,054.                9,239.
                                     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. 5,345, Max.       Min. 5,432, Max       Min. 5,543,
                                     related employment                                 17,816.                18,107.               Max.18,477.
                                     practices, subsequent
                                     order (per individual
                                     discriminated against).
8 U.S.C. 1324b(g)(2)(B)(iv)(IV)...  IRCA; Unfair immigration-   28 CFR                 Min. 178, Max. 1,782.  Min. 181, Max. 1,811  Min. 185, Max.
                                     related employment          68.52(d)(1)(xii).                                                   1,848.
                                     practices, unfair
                                     documentary practices
                                     (per individual
                                     discriminated against).
8 U.S.C. 1324c(d)(3)(A)...........  IRCA; Document fraud,       28 CFR 68.52(e)(1)(i)  Min. 445, Max. 3,563.  Min. 452, Max. 3,621  Min. 461, Max.
                                     first order--for                                                                                3,695.
                                     violations described in
                                     USC 1324c(a)(1)-(4) (per
                                     document).
8 U.S.C. 1324c(d)(3)(B)...........  IRCA; Document fraud,       28 CFR                 Min. 3,563, Max.       Min. 3,621, Max.      Min. 3,695, Max.
                                     subsequent order--for       68.52(e)(1)(iii).      8,908.                 9,054.                9,239.
                                     violations described in
                                     USC 1324c(a)(1)-(4) (per
                                     document).
8 U.S.C. 1324c(d)(3)(A)...........  IRCA; Document fraud,       28 CFR                 Min. 376, Max. 3,005.  Min. 382, Max. 3,054  Min. 390, Max.3,116.
                                     first order--for            68.52(e)(1)(ii).
                                     violations described in
                                     USC 1324c(a)(5)-(6) (per
                                     document).
8 U.S.C. 1324c(d)(3)(B)...........  IRCA; Document fraud,       28 CFR                 Min. 3,005, Max.       Min. 3,054, Max.      Min. 3,116, Max.
                                     subsequent order--for       68.52(e)(1)(iv).       7,512.                 7,635.                7,791.
                                     violations described in
                                     USC 1324c(a)(5)-(6) (per
                                     document).
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                                                                           FBI
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49 U.S.C. 30505(a)................  National Motor Vehicle      .....................  1,591................  1,617...............  1,650.
                                     Title Identification
                                     System; Violation (per
                                     violation).
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                                                               Office of Justice Programs
--------------------------------------------------------------------------------------------------------------------------------------------------------
34 U.S.C. 10231(d)................  Confidentiality of          28 CFR 20.25.........  27,500...............  27,950..............  28,520.
                                     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 February 3, 2017.
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).

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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).


    Dated: January 19, 2018.
Jefferson B. Sessions III,
Attorney General.
[FR Doc. 2018-01464 Filed 1-26-18; 8:45 am]
BILLING CODE 4410-19-P