Title 15—Commerce and Foreign Trade--Volume 1
PART 6—CIVIL MONETARY PENALTY ADJUSTMENTS FOR INFLATION
§ 6.1   Definitions.
(a) The Department of Commerce means the United States Department of Commerce.
(b) Civil Monetary Penalty means any penalty, fine, or other sanction that:
(1) Is for a specific monetary amount as provided by Federal law, or has a maximum amount provided for by Federal law; and
(2) Is assessed or enforced by an agency pursuant to Federal law; and
(3) Is assessed or enforced pursuant to an administrative proceeding or a civil action in the Federal courts.
§ 6.2   Purpose and scope.
The purpose of this part is to make adjustments for inflation to civil monetary penalties, as required by the Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410; 28 U.S.C. 2461), as amended by the Debt Collection Improvement Act of 1996 (Pub. L. 104-134) and the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Section 701 of Pub. L. 114-74), of each civil monetary penalty provided by law within the jurisdiction of the United States Department of Commerce (Department of Commerce).
§ 6.3   Adjustments for inflation to civil monetary penalties.
The civil monetary penalties provided by law within the jurisdiction of the Department of Commerce, as set forth in paragraphs (a) through (f) of this section, are hereby adjusted for inflation in accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended, from the amounts of such civil monetary penalties that were in effect as of January 15, 2024, to the amounts of such civil monetary penalties, as thus adjusted. The year stated in parenthesis represents the year that the civil monetary penalty was last set by law or adjusted by law (excluding adjustments for inflation).
(a) United States Department of Commerce. (1) 31 U.S.C. 3802(a)(1), Program Fraud Civil Remedies Act of 1986 (1986), violation, maximum from $13,946 to $14,308.
(2) 31 U.S.C. 3802(a)(2), Program Fraud Civil Remedies Act of 1986 (1986), violation, maximum from $13,946 to $14,308.
(3) 31 U.S.C. 3729(a)(1)(G), False Claims Act (1986); violation, minimum from $13,946 to $14,308; maximum from $27,894 to $28,619.
(b) Bureau of Economic Analysis. 22 U.S.C. 3105(a), International Investment and Trade in Services Act (1990); failure to furnish information, minimum from $5,761 to $5,911; maximum from $57,617 to $59,114.
(c) Bureau of Industry and Security. (1) 15 U.S.C. 5408(b)(1), Fastener Quality Act (1990), violation, maximum from $57,617 to $59,114.
(2) 22 U.S.C. 6761(a)(1)(A), Chemical Weapons Convention Implementation Act (1998), violation, maximum from $46,901 to $48,119.
(3) 22 U.S.C. 6761(a)(l)(B), Chemical Weapons Convention Implementation Act (1998), violation, maximum from $9,380 to $9,624.
(4) 50 U.S.C. 1705(b), International Emergency Economic Powers Act (2007), violation, maximum from $368,136 to $377,700.
(5) 22 U.S.C. 8142(a), United States Additional Protocol Implementation Act (2006), violation, maximum from $38,116 to $39,106.
(6) 50 U.S.C. 4819, Export Controls Act of 2018 (2018), violation, maximum from $364,992 to $374,474.
(d) Census Bureau. (1) 13 U.S.C. 304, Collection of Foreign Trade Statistics (2002), each day's delinquency of a violation; total of not to exceed maximum per violation, from $1,696 to $1,740; maximum per violation, from $16,971 to $17,412.
(2) 13 U.S.C. 305(b), Collection of Foreign Trade Statistics (2002), violation, maximum from $16,971 to $17,412.
(e) International Trade Administration. (1) 19 U.S.C. 81s, Foreign Trade Zone (1934), violation, maximum from $3,558 to $3,650.
(2) 19 U.S.C. 1677f(f)(4), U.S.-Canada Free Trade Agreement Protective Order (1988), violation, maximum from $255,964 to $262,614.
(f) National Oceanic and Atmospheric Administration. (1) 51 U.S.C. 60123(a), Land Remote Sensing Policy Act of 1992, as amended (2010), violation, maximum from $14,067 to $14,432.
(2) 51 U.S.C. 60148(c), Land Remote Sensing Policy Act of 1992, as amended (2010), violation, maximum from $14,067 to $14,432.
(3) 16 U.S.C. 773f(a), Northern Pacific Halibut Act of 1982 (2007), violation, maximum from $294,510 to $302,161.
(4) 16 U.S.C. 783, Sponge Act (1914), violation, maximum from $2,103 to $2,158.
(5) 16 U.S.C. 957(d), (e), and (f), Tuna Conventions Act of 1950 (1962):
(i) Violation of 16 U.S.C. 957(a), maximum from $105,105 to $107,836.
(ii) Subsequent violation of 16 U.S.C. 957(a), maximum from $226,380 to $232,261.
(iii) Violation of 16 U.S.C. 957(b), maximum from $3,558 to $3,650.
(iv) Subsequent violation of 16 U.S.C. 957(b), maximum from $21,022 to $21,568.
(v) Violation of 16 U.S.C. 957(c), maximum from $452,761 to $464,524.
(6) 16 U.S.C. 957(i), Tuna Conventions Act of 1950, 1 violation, maximum from $230,464 to $236,451.
1 This National Oceanic and Atmospheric Administration maximum civil monetary penalty, as prescribed by law, is the maximum civil monetary penalty per 16 U.S.C. 1858(a), Magnuson-Stevens Fishery Conservation and Management Act civil monetary penalty (paragraph (f)(15) of this section).
(7) 16 U.S.C. 959, Tuna Conventions Act of 1950, 2 violation, maximum from $230,464 to $236,451.
2 See footnote 1.
(8) 16 U.S.C. 971f(a), Atlantic Tunas Convention Act of 1975, 3 violation, maximum from $230,464 to $236,451.
3 See footnote 1.
(9) 16 U.S.C. 973f(a), South Pacific Tuna Act of 1988 (1988), violation, maximum from $639,908 to $656,533.
(10) 16 U.S.C. 1174(b), Fur Seal Act Amendments of 1983 (1983), violation, maximum from $30,461 to $31,252.
(11) 16 U.S.C. 1375(a)(1), Marine Mammal Protection Act of 1972 (1972), violation, maximum from $35,574 to $36,498.
(12) 16 U.S.C. 1385(e), Dolphin Protection Consumer Information Act, 4 violation, maximum from $230,464 to $236,451.
4 See footnote 1.
(13) 16 U.S.C. 1437(d)(1), National Marine Sanctuaries Act (1992), violation, maximum from $216,972 to $222,609.
(14) 16 U.S.C. 1540(a)(1), Endangered Species Act of 1973:
(i) Violation as specified (1988), maximum from $63,991 to $65,653.
(ii) Violation as specified (1988), maximum from $30,715 to $31,513.
(iii) Otherwise violation (1978), maximum from $2,103 to $2,158.
(15) 16 U.S.C. 1858(a), Magnuson-Stevens Fishery Conservation and Management Act (1990), violation, maximum from $230,464 to $236,451.
(16) 16 U.S.C. 2437(a), Antarctic Marine Living Resources Convention Act of 1984, 5 violation, maximum from $230,464 to $236,451.
5 See footnote 1.
(17) 16 U.S.C. 2465(a), Antarctic Protection Act of 1990, 6 violation, maximum from $230,464 to $236,451.
6 See footnote 1.
(18) 16 U.S.C. 3373(a), Lacey Act Amendments of 1981 (1981):
(i) 16 U.S.C. 3373(a)(1), violation, maximum from $32,942 to $33,798.
(ii) 16 U.S.C. 3373(a)(2), violation, maximum from $823 to $844.
(19) 16 U.S.C. 3606(b)(1), Atlantic Salmon Convention Act of 1982, 7 violation, maximum from $230,464 to $236,451.
7 See footnote 1.
(20) 16 U.S.C. 3637(b), Pacific Salmon Treaty Act of 1985, 8 violation, maximum from $230,464 to $236,451.
8 See footnote 1.
(21) 16 U.S.C. 4016(b)(1)(B), Fish and Seafood Promotion Act of 1986 (1986); violation, minimum from $1,394 to $1,430; maximum from $13,946 to $14,308.
(22) 16 U.S.C. 5010, North Pacific Anadromous Stocks Act of 1992, 9 violation, maximum from $230,464 to $236,451.
9 See footnote 1.
(23) 16 U.S.C. 5103(b)(2), Atlantic Coastal Fisheries Cooperative Management Act, 10 violation, maximum from $230,464 to $236,451.
10 See footnote 1.
(24) 16 U.S.C. 5154(c)(1), Atlantic Striped Bass Conservation Act, 11 violation, maximum from $230,464 to $236,451.
11 See footnote 1.
(25) 16 U.S.C. 5507(a), High Seas Fishing Compliance Act of 1995 (1995), violation, maximum from $200,174 to $205,375,
(26) 16 U.S.C. 5606(b), Northwest Atlantic Fisheries Convention Act of 1995, 12 violation, maximum from $230,464 to $236,451.
12 See footnote 1.
(27) 16 U.S.C. 6905(c), Western and Central Pacific Fisheries Convention Implementation Act, 13 violation, maximum from $230,464 to $236,451.
13 See footnote 1.
(28) 16 U.S.C. 7009(c) and (d), Pacific Whiting Act of 2006, 14 violation, maximum from $230,464 to $236,451.
14 See footnote 1.
(29) 22 U.S.C. 1978(e), Fishermen's Protective Act of 1967 (1971):
(i) Violation, maximum from $35,574 to $36,498.
(ii) Subsequent violation, maximum from $105,105 to $107,836.
(30) 30 U.S.C. 1462(a), Deep Seabed Hard Mineral Resources Act (1980), violation, maximum, from $90,702 to $93,058.
(31) 42 U.S.C. 9152(c), Ocean Thermal Energy Conversion Act of 1980 (1980), violation, maximum from $90,702 to $93,058.
(32) 16 U.S.C. 1827a, Billfish Conservation Act of 2012, 15 violation, maximum from $230,464 to $236,451.
15 See footnote 1.
(33) 16 U.S.C. 7407(b), Port State Measures Agreement Act of 2015, 16 violation, maximum from $230,464 to $236,451.
16 See footnote 1.
(34) 16 U.S.C. 1826g(f), High Seas Driftnet Fishing Moratorium Protection Act, 17 violation, maximum from $230,464 to $236,451.
17 See footnote 1.
(35) 16 U.S.C. 7705, Ensuring Access to Pacific Fisheries Act, 18 violation, maximum from $230,464 to $236,451.
18 See footnote 1.
(36) 16 U.S.C. 7805, Ensuring Access to Pacific Fisheries Act, 19 violation, maximum from $230,464 to $236,451.
19 See footnote 1.
(37) 16 U.S.C. 1857 note, James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, 20 violation, maximum from $230,464 to $236,451.
20 See footnote 1.
(g) National Technical Information Service. 42 U.S.C. 1306c(c), Bipartisan Budget Act of 2013 (2013), violation, minimum from $1,196 to $1,227; maximum total penalty on any person for any calendar year, excluding willful or intentional violations, from $298,887 to $306,652.
(h) Office of the Under Secretary for Economic Affairs. 15 U.S.C. 113, Concrete Masonry Products Research, Education, and Promotion Act of 2018 (2018), violation, maximum from $5,162 to $5,296.
§ 6.4   Effective date of adjustments for inflation to civil monetary penalties.
The Department of Commerce's 2025 adjustments for inflation made by § 6.3, of the civil monetary penalties there specified, are effective on January 15, 2025, and said civil monetary penalties, as thus adjusted by the adjustments for inflation made by § 6.3, apply only to those civil monetary penalties, including those whose associated violation predated such adjustment, which are assessed by the Department of Commerce after the effective date of the new civil monetary penalty level, and before the effective date of any future adjustments for inflation to civil monetary penalties thereto made subsequent to January 15, 2025 as provided in § 6.5.
§ 6.5   Subsequent annual adjustments for inflation to civil monetary penalties.
The Secretary of Commerce or his or her designee by regulation shall make subsequent adjustments for inflation to the Department of Commerce's civil monetary penalties annually, which shall take effect not later than January 15, notwithstanding section 553 of title 5, United States Code.