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Title 28 Part 85

Title 28 → Chapter I → Part 85

Electronic Code of Federal Regulations e-CFR

Title 28 Part 85

e-CFR data is current as of August 17, 2018

Title 28Chapter I → Part 85


Title 28: Judicial Administration


PART 85—CIVIL MONETARY PENALTIES INFLATION ADJUSTMENT


Contents
§85.1   In general.
§85.2   [Reserved]
§85.3   Adjustments to penalties for violations occurring on or before November  2,  2015.
§85.5   Adjustments to penalties for violations occurring after November 2, 2015.

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.

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§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 3690-2016, 81 FR 42500, June 30, 2016]

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§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]

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§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.

U.S.C. citationName/descriptionCFR citationDOJ penalty
assessed after
8/1/16
($)
DOJ penalty
assessed after
2/3/17
($)1
DOJ penalty
assessed after
1/29/2018
($)2
ATF
18 U.S.C. 922(t)(5)Brady Law—Nat'l Instant Criminal Check System; Transfer of firearm without checking NICS8,1628,2968,465.
18 U.S.C. 924(p)Child Safety Lock Act; Secure gun storage or safety device, violation2,9853,0343,096.
Civil Division
12 USC 1833a(b)(1)Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) Violation28 CFR 85.3(a)(6)1,893,6101,924,5891,963,870.
12 U.S.C. 1833a(b)(2)FIRREA Violation (continuing) (per day)28 CFR 85.3(a)(7)1,893,6101,924,5891,963,870.
12 U.S.C. 1833a(b)(2)FIRREA Violation (continuing)28 CFR 85.3(a)(7)9,468,0509,622,9479,819,351.
22 U.S.C. 2399b(a)(3)(A)Foreign Assistance Act; Fraudulent Claim for Assistance (per act)28 CFR 85.3(a)(8)5,5005,5905,704.
31 U.S.C. 3729(a)False Claims Act;3 Violations28 CFR 85.3(a)(9)Min. 10,781, Max. 21,563Min. 10,957, Max. 21,916Min. 11,181, Max. 22,363.
31 U.S.C. 3802(a)(1)Program Fraud Civil Remedies Act; Violations Involving False Claim (per claim)28 CFR 71.3(a)10,78110,95711,181.
31 U.S.C. 3802(a)(2)Program Fraud Civil Remedies Act; Violation Involving False Statement (per statement)28 CFR 71.3(f)10,78110,95711,181.
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)5,5005,5905,704.
41 U.S.C. 8706(a)(1)(B)Anti-Kickback Act; Violation Involving Kickbacks4 (per occurrence)28 CFR 85.3(a)(13)21,56321,91622,363.
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)7,9548,0848,249.
18 U.S.C. 216(b)Ethics Reform Act of 1989; Penalties for Conflict of Interest Crimes5 (per violation)28 CFR 85.3(c)94,68196,23098,194.
41 U.S.C. 2105(b)(1)Office of Federal Procurement Policy Act;6 Violation by an individual (per violation)98,935100,554102,606.
41 U.S.C. 2105(b)(2)Office of Federal Procurement Policy Act;6 Violation by an organization (per violation)989,3451,005,5311,026,054.
42 U.S.C. 5157(d)Disaster Relief Act of 1974;7 Violation (per violation)12,50012,70512,964.
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 violation28 CFR 85.3(b)(1)(i)15,90916,16916,499.
18 U.S.C. 248(c)(2)(B)(ii)FACE Act; Nonviolent physical obstruction, subsequent violation28 CFR 85.3(b)(1)(ii)23,86324,25324,748.
18 U.S.C. 248(c)(2)(B)(i)FACE Act; Violation other than a nonviolent physical obstruction, first violation28 CFR 85.3(b)(2)(i)23,86324,25324,748.
18 U.S.C. 248(c)(2)(B)(ii)FACE Act; Violation other than a nonviolent physical obstruction, subsequent violation28 CFR 85.3(b)(2)(ii)39,77240,42341,248.
42 U.S.C. 3614(d)(1)(C)(i)Fair Housing Act of 1968; first violation28 CFR 85.3(b)(3)(i)98,935100,554102,606.
42 U.S.C. 3614(d)(1)(C)(ii)Fair Housing Act of 1968; subsequent violation28 CFR 85.3(b)(3)(ii)197,869201,106205,211.
42 U.S.C. 12188(b)(2)(C)(i)Americans With Disabilities Act; Public accommodations for individuals with disabilities, first violation28 CFR 36.504(a)(3)(i)89,07890,53592,383.
42 U.S.C. 12188(b)(2)(C)(ii)Americans With Disabilities Act; Public accommodations for individuals with disabilities, subsequent violation28 CFR 36.504(a)(3)(ii)178,156181,071184,767.
50 U.S.C. 4041(b)(3)Servicemembers Civil Relief Act of 2003; first violation28 CFR 85.3(b)(4)(i)59,81060,78862,029.
50 U.S.C. 4041(b)(3)Servicemembers Civil Relief Act of 2003; subsequent violation28 CFR 85.3(b)(4)(ii)119,620121,577124,058.
Criminal Division
18 U.S.C. 983(h)(1)Civil Asset Forfeiture Reform Act of 2000; Penalty for Frivolous Assertion of ClaimMin. 342, Max. 6,834Min. 348, Max. 6,946Min. 355, Max. 7,088.
18 U.S.C. 1956(b)Money Laundering Control Act of 1986; Violation821,56321,91622,363.
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)19,78720,11120,521.
21 U.S.C. 961(1)Controlled Substance Import Export Act; Drug abuse, import or export28 CFR 85.3(d)68,75069,87571,301.
21 U.S.C. 842(c)(1)(A)Controlled Substances Act (“CSA”); Violations of 842(a)—other than (5), (10) and (16)—Prohibited acts re: controlled substances (per violation)62,50063,52364,820.
21 U.S.C. 842(c)(1)(B)CSA; Violations of 842(a)(5) and (10)—Prohibited acts re: controlled substances14,50214,73915,040.
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)500,855509,049519,439.
21 U.S.C. 842(c)(1)(D)CSA; Violation of 825(e) at the retail level—False labeling of anabolic steroids (per violation)1,0021,0181,039.
21 U.S.C. 842(c)(2)(C)CSA; Violation of 842(a)(11) by a business—Distribution of laboratory supply with reckless disregard9375,613381,758389,550.
21 U.S.C. 856(d)Illicit Drug Anti-Proliferation Act of 2003; Maintaining drug-involved premises10321,403326,661333,328.
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. 4,313Min. 548, Max. 4,384Min. 559, Max. 4,473.
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. 10,781Min. 4,384, Max. 10,957Min. 4,473, Max. 11,181.
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. 21,563Min. 6,575, Max. 21,916Min. 6,709, Max. 22,363.
8 U.S.C. 1324a(e)(5)IRCA; Paperwork violation (per relevant individual)28 CFR 68.52(c)(5)Min. 216, Max. 2,156Min. 220, Max. 2,191Min. 224, Max. 2,236.
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.1,502Min. 763, Max. 1,527Min. 779, Max. 1,558.
8 U.S.C. 1324a(g)(2)IRCA; Violation/prohibition of indemnity bonds (per violation)28 CFR 68.52(c)(7)2,1562,1912,236.
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. 3,563Min. 452, Max. 3,621Min. 461, Max. 3,695.
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. 8,908Min. 3,621, Max. 9,054Min. 3,695, Max. 9,239.
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. 17,816Min. 5,432, Max 18,107Min. 5,543, Max.18,477.
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. 1,782Min. 181, Max. 1,811Min. 185, Max. 1,848.
8 U.S.C. 1324c(d)(3)(A)IRCA; Document fraud, first order—for violations described in USC 1324c(a)(1)-(4) (per document)28 CFR 68.52(e)(1)(i)Min. 445, Max. 3,563Min. 452, Max. 3,621Min. 461, Max. 3,695.
8 U.S.C. 1324c(d)(3)(B)IRCA; Document fraud, subsequent order—for violations described in USC 1324c(a)(1)-(4) (per document)28 CFR 68.52(e)(1)(iii)Min. 3,563, Max. 8,908Min. 3,621, Max. 9,054Min. 3,695, Max. 9,239.
8 U.S.C. 1324c(d)(3)(A)IRCA; Document fraud, first order—for violations described in USC 1324c(a)(5)-(6) (per document)28 CFR 68.52(e)(1)(ii)Min. 376, Max. 3,005Min. 382, Max. 3,054Min. 390, Max.3,116.
8 U.S.C. 1324c(d)(3)(B)IRCA; Document fraud, subsequent order—for violations described in USC 1324c(a)(5)-(6) (per document)28 CFR 68.52(e)(1)(iv)Min. 3,005, Max. 7,512Min. 3,054, Max. 7,635Min. 3,116, Max. 7,791.
FBI
49 U.S.C. 30505(a)National Motor Vehicle Title Identification System; Violation (per violation)1,5911,6171,650.
Office of Justice Programs
34 U.S.C. 10231(d)Confidentiality of information; State and Local Criminal History Record Information Systems—Right to Privacy Violation28 CFR 20.2527,50027,95028,520.

1The figures set forth in this column represent the penalty as last adjusted by Department of Justice regulation on February 3, 2017.

2All figures set forth in this table are maximum penalties, unless otherwise indicated.

3Section 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).

4Section 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.

5Section 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).

6Section 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).

7The 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).

8Section 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).

9Section 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).

10Section 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).

[AG Order 4093-2018, 83 FR 3945, Jan. 29, 2018]

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