[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]


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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.

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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 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:
    <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.
    <bullet> 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.
    <bullet> 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                            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 ($)   5/9/2022 ($)         ($)             ($)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           ATF
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Civil Division
--------------------------------------------------------------------------------------------------------------------------------------------------------
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).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                             Civil Rights Division (excluding immigration-related penalties)
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Immigration-Related Penalties FN12
--------------------------------------------------------------------------------------------------------------------------------------------------------
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).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           FBI
--------------------------------------------------------------------------------------------------------------------------------------------------------
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