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Title 28

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PART 85 - CIVIL MONETARY PENALTIES INFLATION ADJUSTMENT
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.

Source:

Order No. 2249-99, 64 FR 47103, Aug. 30, 1999, unless otherwise noted.

§ 85.1 In general.

(a) For violations occurring on or before November 2, 2015, and for civil penalties assessed before August 1, 2016, whose associated violations occurred after November 2, 2015, the civil monetary penalties provided by law within the jurisdiction of the Department of Justice and listed in section 85.3 are adjusted as set forth in that section, in accordance with the requirements of the Federal Civil Penalties Inflation Adjustment Act of 1990, Public Law 104-410, 104 Stat. 890, in effect prior to November 2, 2015.

(b) For civil penalties assessed after August 1, 2016, whose associated violations occurred after November 2, 2015, the civil monetary penalties provided by law within the jurisdiction of the Department of Justice are adjusted as set forth in section 85.5, in accordance with the requirements of the Bipartisan Budget Act of 2015, Public Law 114-74, section 701 (Nov. 2, 2015), 28 U.S.C. 2461 note.

[AG Order No. 3690-2016, 81 FR 42500, June 30, 2016]

§ 85.2 [Reserved]
§ 85.3 Adjustments to penalties for violations occurring on or before November 2, 2015.

For all violations occurring on or before November 2, 2015, and for assessments made before August 1, 2016, for violations occurring after November 2, 2015, the civil monetary penalties provided by law within the jurisdiction of the respective components of the Department, as set forth in paragraphs (a) through (d) of this section, are adjusted as provided in this section in accordance with the inflation adjustment procedures prescribed in section 5 of the Federal Civil Penalties Inflation Adjustment Act of 1990, Public Law 101-410, as in effect prior to November 2, 2015. The adjusted penalties set forth in paragraphs (a), (c), and (d) of this section are effective for violations occurring on or after September 29, 1999, and on or before November 2, 2015, and for assessments made before August 1, 2016, for violations occurring after November 2, 2015. For civil penalties assessed after August 1, 2016, whose associated violations occurred after November 2, 2015, see the adjusted penalty amounts in section 85.5.

(a) Civil Division. (1) 5 U.S.C. App. 4 102(f)(6)(C)(i), Ethics in Government Act of 1978, knowing and willful disclosure, solicitation, or receipt of information with respect to blind trusts: from $10,000 to $11,000.

(2) 5 U.S.C. App. 4 102(f)(6)(C)(ii), Ethics in Government Act of 1978, negligent disclosure, solicitation, or receipt of information with respect to blind trusts: from $5,000 to $5,500.

(3) 5 U.S.C. App. 4 104(a), Ethics in Government Act of 1978, falsification or failure to file required reports: from $10,000 to $11,000.

(4) 5 U.S.C. App. 4 105(c)(2), Ethics in Government Act of 1978, unlawful acquisition or use of public reports: from $10,000 to $11,000.

(5) 5 U.S.C. App. 4 504(a), Ethics Reform Act of 1989, violations of limitations on outside earned income and employment: from $10,000 to $11,000.

(6) 12 U.S.C. 1833a(b)(1), Financial Institutions Reform, Recovery, and Enforcement Act of 1989, violation: from $1,000,000 to $1,100,000.

(7) 12 U.S.C. 1833a(b)(2), Financial Institutions Reform, Recovery, and Enforcement Act of 1989, continuing violations (per day): minimum from $1,000,000 to $1,100,000; maximum from $5,000,000 to $5,500,000.

(8) 22 U.S.C. 2399b(a)(3)(A), Foreign Assistance Act of 1961, fraudulent claim for assistance: from $2,000 to $2,200.

(9) 31 U.S.C. 3729(a), False Claims Act, violations: minimum from $5,000 to $5,500; maximum from $10,000 to $11,000.

(10) 31 U.S.C. 3802(a)(1), Program Fraud Civil Remedies Act, violation involving false claim: from $5,000 to $5,500.

(11) 31 U.S.C. 3802(a)(2), Program Fraud Civil Remedies Act, violation involving false statement: from $5,000 to $5,500.

(12) 40 U.S.C. 489(b)(1), Federal Property and Administrative Services Act of 1949, violation involving surplus government property: from $2,000 to $2,200.

(13) 41 U.S.C. 55(a)(1)(B), Anti-Kickback Act of 1986, violation involving kickbacks: from $10,000 to $11,000.

(b) Civil Rights Division. (1) 18 U.S.C. 248(c)(2)(B), Freedom of Access to Clinic Entrances Act of 1994 (Nonviolent Physical Obstruction):

(i) The civil monetary penalty amount for a first order for nonviolent physical obstruction, initially set at $10,000, is adjusted to $11,000 for a violation occurring on or after September 29, 1999, and before April 28, 2014, and is adjusted to $16,000 for a violation occurring on or after April 28, 2014.

(ii) The civil monetary penalty amount for a subsequent order for nonviolent physical obstruction, initially set at $15,000, is adjusted to $16,500 for a violation occurring on or after April 28, 2014.

(2) 18 U.S.C. 248(c)(2)(B), Freedom of Access to Clinic Entrances Act of 1994 (Other Violations):

(i) The civil monetary penalty amount for a first order other than for nonviolent physical obstruction, initially set at $15,000, is adjusted to $16,500 for a violation occurring on or after April 28, 2014.

(ii) The civil monetary penalty amount for a subsequent order other than for nonviolent physical obstruction, initially set at $25,000, is adjusted to $27,500 for a violation occurring on or after September 29, 1999, and before April 28, 2014, and is adjusted to $37,500 for a violation occurring on or after April 28, 2014.

(3) 42 U.S.C. 3614(d)(1)(C), Fair Housing Act of 1968, as amended (Pattern or Practice Violation):

(i) The civil monetary penalty amount for a first order, initially set at $50,000, is adjusted to $55,000 for a violation occurring on or after September 29, 1999, and before April 28, 2014, and is adjusted to $75,000 for a violation occurring on or after April 28, 2014.

(ii) The civil monetary penalty amount for a subsequent order, initially set at $100,000, is adjusted to $110,000 for a violation occurring on or after September 29, 1999, and before April 28, 2014, and is adjusted to $150,000 for a violation occurring on or after April 28, 2014.

(4) 50 U.S.C. App. 597(b)(3), Servicemembers Civil Relief Act of 2003, as amended:

(i) The civil monetary penalty amount for a first violation, initially set at $55,000, is adjusted to $60,000 for a violation occurring on or after April 28, 2014.

(ii) The civil monetary penalty amount for a subsequent violation, initially set at $110,000, is adjusted to $120,000 for a violation occurring on or after April 28, 2014.

(c) Criminal Division. 18 U.S.C. 216(b), Ethics Reform Act of 1989, violation: from $50,000 to $55,000.

(d) Drug Enforcement Administration. 21 U.S.C. 961(1), Controlled Substances Import Export Act, transshipment and in-transit shipment of controlled substances: from $25,000 to $27,500.

[Order No. 2249-99, 64 FR 47103, Aug. 30, 1999, as amended by AG Order No. 3324-2014, 79 FR 17436, Mar. 28, 2014; AG Order 3690-2016, 81 FR 42500, June 30, 2016]

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

For civil penalties assessed after 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 adjusted as set forth in the seventh column of the following table. 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 sixth column of table 1 to this section. 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 table 1 to this section. 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 table 1 to this section. All figures set forth in this table are maximum penalties, unless otherwise indicated.

Table 1 to § 85.5

U.S.C. citation Name/description CFR citation DOJ penalty
assessed after
8/1/16
($)
DOJ penalty
assessed after
2/3/17
($)
DOJ penalty
assessed after
1/29/2018
($)1
DOJ penalty
assessed after
June 19, 2020
($)2
ATF
18 U.S.C. 922(t)(5) Brady Law - Nat'l Instant Criminal Check System; Transfer of firearm without checking NICS 8,162 8,296 8,465 8,831.
18 U.S.C. 924(p) Child Safety Lock Act; Secure gun storage or safety device, violation 2,985 3,034 3,096 3,230.
Civil Division
12 U.S.C. 1833a(b)(1) Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) Violation 28 CFR 85.3(a)(6) 1,893,610 1,924,589 1,963,870 2,048,915.
12 U.S.C. 1833a(b)(2) FIRREA Violation (continuing) (per day) 28 CFR 85.3(a)(7) 1,893,610 1,924,589 1,963,870 2,048,915.
12 U.S.C. 1833a(b)(2) FIRREA Violation (continuing) 28 CFR 85.3(a)(7) 9,468,050 9,622,947 9,819,351 10,244,577.
22 U.S.C. 2399b(a)(3)(A) Foreign Assistance Act; Fraudulent Claim for Assistance (per act) 28 CFR 85.3(a)(8) 5,500 5,590 5,704 5,951.
31 U.S.C. 3729(a) False Claims Act;3 Violations 28 CFR 85.3(a)(9) Min 10,781, Max 21,563 Min 10,957, Max 21,916 Min 11,181, Max 22,363 Min 11,665, Max 23,331.
31 U.S.C. 3802(a)(1) Program Fraud Civil Remedies Act; Violations Involving False Claim (per claim) 28 CFR 71.3(a) 10,781 10,957 11,181 11,665.
31 U.S.C. 3802(a)(2) Program Fraud Civil Remedies Act; Violation Involving False Statement (per statement) 28 CFR 71.3(f) 10,781 10,957 11,181 11,665.
40 U.S.C. 123(a)(1)(A) Federal Property and Administrative Services Act; Violation Involving Surplus Government Property (per act) 28 CFR 85.3(a)(12) 5,500 5,590 5,704 5,951.
41 U.S.C. 8706(a)(1)(B) Anti-Kickback Act; Violation Involving Kickbacks4 (per occurrence) 28 CFR 85.3(a)(13) 21,563 21,916 22,363 23,331.
18 U.S.C. 2723(b) Driver's Privacy Protection Act of 1994; Prohibition on Release and Use of Certain Personal Information from State Motor Vehicle Records - Substantial Non-compliance (per day) 7,954 8,084 8,249 8,606.
18 U.S.C. 216(b) Ethics Reform Act of 1989; Penalties for Conflict of Interest Crimes5 (per violation) 28 CFR 85.3(c) 94,681 96,230 98,194 102,446.
41 U.S.C. 2105(b)(1) Office of Federal Procurement Policy Act;6 Violation by an individual (per violation) 98,935 100,554 102,606 107,050.
41 U.S.C. 2105(b)(2) Office of Federal Procurement Policy Act;6 Violation by an organization (per violation) 989,345 1,005,531 1,026,054 1,070,487.
42 U.S.C. 5157(d) Disaster Relief Act of 1974;7 Violation (per violation) 12,500 12,705 12,964 13,525.
Civil Rights Division (excluding immigration-related penalties)
18 U.S.C. 248(c)(2)(B)(i) Freedom of Access to Clinic Entrances Act of 1994 (“FACE Act”); Nonviolent physical obstruction, first violation 28 CFR 85.3(b)(1)(i) 15,909 16,169 16,499 17,161.
18 U.S.C. 248(c)(2)(B)(ii) FACE Act; Nonviolent physical obstruction, subsequent violation 28 CFR 85.3(b)(1)(ii) 23,863 24,253 24,748 25,820.
18 U.S.C. 248(c)(2)(B)(i) FACE Act; Violation other than a nonviolent physical obstruction, first violation 28 CFR 85.3(b)(2)(i) 23,863 24,253 24,748 25,820.
18 U.S.C. 248(c)(2)(B)(ii) FACE Act; Violation other than a nonviolent physical obstruction, subsequent violation 28 CFR 85.3(b)(2)(ii) 39,772 40,423 41,248 43,034.
42 U.S.C. 3614(d)(1)(C)(i) Fair Housing Act of 1968; first violation 28 CFR 85.3(b)(3)(i) 98,935 100,554 102,606 107,050.
42 U.S.C. 3614(d)(1)(C)(ii) Fair Housing Act of 1968; subsequent violation 28 CFR 85.3(b)(3)(ii) 197,869 201,106 205,211 214,097.
42 U.S.C. 12188(b)(2)(C)(i) Americans With Disabilities Act; Public accommodations for individuals with disabilities, first violation 28 CFR 36.504(a)(3)(i) 89,078 90,535 92,383 96,384.
42 U.S.C. 12188(b)(2)(C)(ii) Americans With Disabilities Act; Public accommodations for individuals with disabilities, subsequent violation 28 CFR 36.504(a)(3)(ii) 178,156 181,071 184,767 192,768.
50 U.S.C. 4041(b)(3) Servicemembers Civil Relief Act of 2003; first violation 28 CFR 85.3(b)(4)(i) 59,810 60,788 62,029 64,715.
50 U.S.C. 4041(b)(3) Servicemembers Civil Relief Act of 2003; subsequent violation 28 CFR 85.3(b)(4)(ii) 119,620 121,577 124,058 129,431.
Criminal Division
18 U.S.C. 983(h)(1) Civil Asset Forfeiture Reform Act of 2000; Penalty for Frivolous Assertion of Claim Min 342, Max 6,834 Min 348, Max 6,946 Min 355, Max 7,088 Min 370, Max 7,395.
18 U.S.C. 1956(b) Money Laundering Control Act of 1986; Violation8 21,563 21,916 22,363 23,331.
DEA
21 U.S.C. 844a(a) Anti-Drug Abuse Act of 1988; Possession of small amounts of controlled substances (per violation) 28 CFR 76.3(a) 19,787 20,111 20,521 21,410.
21 U.S.C. 961(1) Controlled Substance Import Export Act; Drug abuse, import or export 28 CFR 85.3(d) 68,750 69,875 71,301 74,388.
21 U.S.C. 842(c)(1)(A) Controlled Substances Act (“CSA”); Violations of 842(a) - other than (5), (10), (16), and (17) - Prohibited acts re: controlled substances (per violation) 62,500 63,523 64,820 67,627.
21 U.S.C. 842(c)(1)(B)(i) CSA; Violations of 842(a)(5), (10), and (17) - Prohibited acts re: controlled substances 14,502 14,739 15,040 15,691.
21 U.S.C. 842(c)(1)(B)(ii) SUPPORT for Patients and Communities Act; Violations of 842(b)(ii) - Failures re: opioids 100,000 (Statutory amount of new penalty enacted 10/24/18)11 101,764.
21 U.S.C. 842(c)(1)(C) CSA; Violation of 825(e) by importer, exporter, manufacturer, or distributor - False labeling of anabolic steroids (per violation) 500,855 509,049 519,439 541,933.
21 U.S.C. 842(c)(1)(D) CSA; Violation of 825(e) at the retail level - False labeling of anabolic steroids (per violation) 1,002 1,018 1,039 1,084.
21 U.S.C. 842(c)(2)(C) CSA; Violation of 842(a)(11) by a business - Distribution of laboratory supply with reckless disregard9 375,613 381,758 389,550 406,419.
21 U.S.C. 842(c)(2)(D) SUPPORT for Patients and Communities Act; Violations of 842(a)(5), (10), and (17) by a registered manufacture or distributor of opioids. Failures re: opioids 500,000 (Statutory amount of new penalty enacted 10/24/18)11 508,820.
21 U.S.C. 856(d) Illicit Drug Anti-Proliferation Act of 2003; Maintaining drug-involved premises10 321,403 326,661 333,328 374,763.
Immigration-Related Penalties
8 U.S.C. 1324a(e)(4)(A)(i) Immigration Reform and Control Act of 1986 (“IRCA”); Unlawful employment of aliens, first order (per unauthorized alien) 28 CFR 68.52(c)(1)(i) Min 539, Max 4,313 Min 548, Max 4,384 Min 559, Max 4,473 Min 583, Max 4,667.
8 U.S.C. 1324a(e)(4)(A)(ii) IRCA; Unlawful employment of aliens, second order (per such alien) 28 CFR 68.52(c)(1)(ii) Min 4,313, Max 10,781 Min 4,384, Max 10,957 Min 4,473, Max 11,181 Min 4,667, Max 11,665.
8 U.S.C. 1324a(e)(4)(A)(iii) IRCA; Unlawful employment of aliens, subsequent order (per such alien) 28 CFR 68.52(c)(1)(iii) Min 6,469, Max 21,563 Min 6,575, Max 21,916 Min 6,709, Max 22,363 Min 6,999, Max 23,331.
8 U.S.C. 1324a(e)(5) IRCA; Paperwork violation (per relevant individual) 28 CFR 68.52(c)(5) Min 216, Max 2,156 Min 220, Max 2,191 Min 224, Max 2,236 Min 234, Max 2,332.
8 U.S.C. 1324a, (note) IRCA; Violation relating to participating employer's failure to notify of final nonconfirmation of employee's employment eligibility (per relevant individual) 28 CFR 68.52(c)(6) Min 751, Max 1,502 Min 763, Max 1,527 Min 779, Max 1,558 Min 813, Max 1,625.
8 U.S.C. 1324a(g)(2) IRCA; Violation/prohibition of indemnity bonds (per violation) 28 CFR 68.52(c)(7) 2,156 2,191 2,236 2,332.
8 U.S.C. 1324b(g)(2)(B)(iv)(I) IRCA; Unfair immigration-related employment practices, first order (per individual discriminated against) 28 CFR 68.52(d)(1)(viii) Min 445, Max 3,563 Min 452, Max 3,621 Min 461, Max 3,695 Min 481, Max 3,855.
8 U.S.C. 1324b(g)(2)(B)(iv)(II) IRCA; Unfair immigration-related employment practices, second order (per individual discriminated against) 28 CFR 68.52(d)(1)(ix) Min 3,563, Max 8,908 Min 3,621, Max 9,054 Min 3,695, Max 9,239 Min 3,855, Max 9,639.
8 U.S.C. 1324b(g)(2)(B)(iv)(III) IRCA; Unfair immigration-related employment practices, subsequent order (per individual discriminated against) 28 CFR 68.52(d)(1)(x) Min 5,345, Max 17,816 Min 5,432, Max 18,107 Min 5,543, Max 18,477 Min 5,783, Max 19,277.
8 U.S.C. 1324b(g)(2)(B)(iv)(IV) IRCA; Unfair immigration-related employment practices, unfair documentary practices (per individual discriminated against) 28 CFR 68.52(d)(1)(xii) Min 178, Max 1,782 Min 181, Max 1,811 Min 185, Max 1,848 Min 193, Max 1,928.
8 U.S.C. 1324c(d)(3)(A) IRCA; Document fraud, first order - for violations described in U.S.C. 1324c(a)(1)-(4) (per document) 28 CFR 68.52(e)(1)(i) Min 445, Max 3,563 Min 452, Max 3,621 Min 461, Max 3,695 Min 481, Max 3,855.
8 U.S.C. 1324c(d)(3)(B) IRCA; Document fraud, subsequent order - for violations described in U.S.C. 1324c(a)(1)-(4) (per document) 28 CFR 68.52(e)(1)(iii) Min 3,563, Max 8,908 Min 3,621, Max 9,054 Min 3,695, Max 9,239 Min 3,855, Max 9,639.
8 U.S.C. 1324c(d)(3)(A) IRCA; Document fraud, first order - for violations described in U.S.C. 1324c(a)(5)-(6) (per document) 28 CFR 68.52(e)(1)(ii) Min 376, Max 3,005 Min 382, Max 3,054 Min 390, Max 3,116 Min 407, Max 3,251.
8 U.S.C. 1324c(d)(3)(B) IRCA; Document fraud, subsequent order - for violations described in U.S.C. 1324c(a)(5)-(6) (per document) 28 CFR 68.52(e)(1)(iv) Min 3,005, Max 7,512 Min 3,054, Max 7,635 Min 3,116, Max 7,791 Min 3,251, Max 8,128.
FBI
49 U.S.C. 30505(a) National Motor Vehicle Title Identification System; Violation (per violation) 1,591 1,617 1,650 1,722.
Office of Justice Programs
34 U.S.C. 10231(d) Confidentiality of information; State and Local Criminal History Record Information Systems - Right to Privacy Violation 28 CFR 20.25 27,500 27,950 28,520 29,755.

[AG Order No. 4693-2020, 85 FR 37005, June 19, 2020]