[Federal Register: August 30, 1999 (Volume 64, Number 167)]
[Rules and Regulations]
[Page 47099-47104]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30au99-3]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Parts 270, 274a, and 280
28 CFR Parts 20, 22, 36, 71, 76, and 85
[AG Order No. 2249-99]
RIN 1105-AA48
Civil Monetary Penalties Inflation Adjustment
AGENCY: Office of the Attorney General, Justice.
ACTION: Final rule.
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SUMMARY: In accordance with the requirements of section 4 of the
Federal Civil Monetary Penalties Inflation Adjustment Act of 1990, as
amended by the Debt Collection Improvement Act of 1996, the United
States Department of Justice is publishing this regulation adjusting
for inflation the civil monetary penalties assessed or enforced by the
Department.
DATES: This rule is effective September 29, 1999.
FOR FURTHER INFORMATION CONTACT: Robert Hinchman, Senior Counsel,
Office of Policy Development, Department of Justice, Room 4258, Main
Building, 950 Pennsylvania Avenue, NW., Washington, DC. 20530,(202)
514-8059.
SUPPLEMENTARY INFORMATION:
Background
Why Is the Justice Department Revising Its Civil Monetary
Penalties?
The Federal Civil Monetary Penalties Inflation Adjustment Act of
1990, Pub. L. 101-410 (Adjustment Act), provides for the regular
evaluation of civil monetary penalties to ensure that they continue to
maintain their deterrent effect and that penalty amounts due the
Federal Government are properly accounted for and collected.
On April 26, 1996, President Clinton signed into law the Omnibus
Consolidated Rescissions and Appropriations Act of 1996, Pub. L. 104-
134. Section 31001 of that Act, also known as the Debt Collection
[[Page 47100]]
Improvement Act of 1996 (Improvement Act), amended the Adjustment Act
to provide for more effective tools for government wide collection of
delinquent debt.
In particular, section 31001(s)(1) of the Improvement Act amended
section 4 of the Adjustment Act to require the head of each agency to
``by regulation adjust each civil monetary penalty provided by law
within the jurisdiction of the Federal agency'' and to ``publish each
such regulation in the Federal Register'' not later than one hundred
eighty days after enactment of the Debt Collection Improvement Act of
1996. Subsection (s)(1) also added a new section 7 to the Adjustment
Act providing that any increase in a civil monetary penalty made
pursuant to this Act shall apply only to violations that occur after
the date the increase takes effect.
Is There a Limit on the First Adjustment of These Penalties?
Subsection (s)(2) of the Improvement Act provides that the first
adjustment of a civil monetary penalty made pursuant to the amendment
in subsection (s)(1) may not exceed 10 percent of such penalty.
How Often Will These Penalties be Adjusted for Inflation?
The adjustment for inflation required by the Adjustment Act must be
done every four years. Pursuant to the Improvement Act, the first
adjustment was required by October 23, 1996.
What Penalties Imposed Pursuant to the Immigration Reform and
Control Act of 1986 Does This Rule Adjust and What Penalties Were
Adjusted by a Recently Published EOIR Rule?
This rule adjusts, among other things, penalties listed in 8 CFR
part 274a that the Immigration and Naturalization Service (INS) imposes
pursuant to 8 U.S.C. 1324a for various specified unlawful acts
pertaining to the employment of unauthorized aliens. On January 12,
1999, the Executive Office for Immigration Review (EOIR) issued a rule
adjusting civil monetary penalties within its area. 64 FR 7066. The
adjustment of EOIR penalties included penalties at 28 CFR 68.52(d) that
are imposed pursuant to 8 U.S.C. 1324b for unfair employment practices,
including discrimination. The Office of Special Counsel for Immigration
Related Unfair Employment Practices, Civil Rights Division, is
authorized to seek these penalties at hearings presided over by EOIR
Administrative Law Judges. The adjustment of these two sets of
penalties by this rule and by the recent EOIR rule maintains parity
among fines imposed for violating the employer sanctions and the anti-
discrimination provisions of the Immigration Reform and Control Act of
1986.
This rule fulfills the Attorney General's obligations under the
Improvement Act with respect to all civil monetary penalties, except
those pertaining to EOIR.
Are There Any Related Regulations of Other Federal Agencies That
Readers of This Rule Should Consult?
The Office of Government Ethics (OGE) is publishing elsewhere in
this issue of the Federal Register a rule adjusting for inflation
certain Ethics Act and Ethics Reform Act civil monetary penalties that
are codified at 5 CFR part 2634 and 5 CFR part 2636. Because the
Department's Civil Division brings Ethics Act enforcement actions, the
Department and OGE have coordinated the issuance of these regulations.
For the convenience of the reader, the Department is including in this
rule adjustments to the same Ethics Act and Ethics Reform Act penalties
that OGE is making today, in the same amount and effective on the same
day as the adjustments contained in the OGE rule. Further, as OGE notes
in the preamble to its rule, the Department and OGE have determined
that the $200 late filing fee for public financial disclosure reports
that are more than 30 days overdue (see section 105(d) of the Ethics
Act, 5 U.S.C. app. 105(d) and 5 CFR 2634.704) is not a civil monetary
penalty as defined by the Federal Civil Penalties Inflation Adjustment
Act, as amended. Therefore, that fee is not being adjusted.
The Department's litigating components bring suit to collect
various civil monetary penalties of other agencies as well. The reader
should consult the regulations of those other agencies for any
inflation adjustments of their penalties.
Are There Any Penalties That Are Not Being Adjusted?
The Department notes that various civil penalties contained in
Title 8, Title 21, and Title 28 are not being adjusted by this rule
because they have been in effect for a short number of years or because
the penalty scheme is new. Penalties not being adjusted by this rule
will be adjusted, if appropriate, during the next adjustment required
by the Debt Collection Improvement Act.
Administrative Procedure Act, 5 U.S.C. 553
The Department finds that good cause exists under 5 U.S.C.
553(b)(B) and (d)(3) for immediate implementation of this final rule
without prior notice and comment. This rule is a nondiscretionary
ministerial action to conform the amount of civil penalties assessed or
enforced by the Department of Justice to the statutorily mandated
ranges. The calculation of these adjustments follows the mathematical
formula set forth in section 5 of the Adjustment Act.
Regulatory Flexibility Act
The Attorney General in accordance with the Regulatory Flexibility
Act, 5 U.S.C. 605(b), has reviewed this rule and by approving it
certifies that it will not have a significant economic impact on a
substantial number of small entities. Only those entities which are
determined to have violated Federal law and regulations would be
affected by the increase in penalties made by this rule pursuant to the
statutory requirement.
Executive Order 12866
This rule has been drafted and reviewed in accordance with
Executive Order 12866, section 1(b), Principles of Regulation. The
Department of Justice has determined that this rule is not a
``significant regulatory action'' under Executive Order 12866, section
3(f), Regulatory Planning and Review, and accordingly this rule has not
been reviewed by the Office of Management and Budget.
Executive Order 12612
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
12612, it is determined that this rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
Executive Order 12988--Civil Justice Reform
This regulation meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive Order 12988.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
[[Page 47101]]
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by the Small Business
Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 804. It will not
result in an annual effect on the economy of $100 million or more; a
major increase in costs or prices; or significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.
Plain Language Instructions
We try to write clearly. If you can suggest how to improve the
clarity of these regulations, call or write Robert Hinchman, Senior
Counsel, Office of Policy Development, Department of Justice, Room
4258, Main Building, 950 Pennsylvania Avenue, N.W., Washington, D.C.
20530, (202) 514-8059.
List of Subjects
8 CFR Part 270
Administrative practice and procedure, Aliens, Employment, Fraud,
Penalties.
8 CFR Part 274a
Administrative practice and procedure, Aircraft, Immigration, Law
enforcement, Motor carriers, Motor vehicles, Seizures and forfeitures,
Vessels.
8 CFR Part 280
Administrative practice and procedure, Immigration, Penalties.
28 CFR Part 20
Crime, Penalties, Research, and Statistics.
28 CFR Part 22
Crime, Juvenile delinquency, Penalties, Privacy, Research, and
Statistics.
28 CFR Part 36
Administrative practice and procedure, Alcoholism, Americans with
disabilities, Buildings, Business and industry, Civil rights, Consumer
protection, Drug abuse, Handicapped, Historic preservation, Penalties,
Reporting and recordkeeping requirements.
28 CFR Part 71
Claims, Fraud, Organization and function (Government agencies),
Penalties.
28 CFR Part 76
Drug traffic control, Drug abuse, Authority delegations (Government
agencies), Penalties.
28 CFR Part 85
Penalties.
Accordingly, for the reasons set forth in the preamble, chapter I
of Title 8 and chapter I of Title 28 of the Code of Federal Regulations
are amended as follows:
TITLE 8--ALIENS AND NATIONALITY
PART 270--PENALTIES FOR DOCUMENT FRAUD
1. The authority citation for part 270 is revised to read as
follows:
Authority: 8 U.S.C. 1101, 1103, and 1324c; Pub. L. 101-410, 104
Stat. 890, as amended by Pub. L. 104-134, 110 Stat. 1321.
2. Section 270.3 is amended by revising paragraph (b)(1)(ii) to
read as follows:
Sec. 270.3 Penalties.
* * * * *
(b) * * *
(1) * * *
(ii) To pay a civil penalty as follows:
(A) First offense. Not less than $250 and not exceeding $2,000 for
each fraudulent document or each proscribed activity described in
section 274C(a)(1) through (a)(4) of the Act before September 29, 1999,
and not less than $275 and not exceeding $2,200, for each fraudulent
document or each proscribed activity on or after September 29, 1999.
(B) Subsequent offenses. Not less than $2,000 and not more than
$5,000 for each fraudulent document or each proscribed activity
described in section 274C(a)(1) through (a)(4) of the Act before
September 29, 1999, and not less than $2,200 and not exceeding $5,500,
for each fraudulent document or each proscribed activity occurring on
or after September 29, 1999.
* * * * *
PART 274a--CONTROL OF EMPLOYMENT OF ALIENS
3. The authority citation for part 274a is revised to read as
follows:
Authority: 8 U.S.C. 1101, 1103, 1324a; 8 CFR part 2; Pub. L.
101-410, 104 Stat. 890, as amended by Pub. L. 104-134, 110 Stat.
1321.
4. Section 274a.8 is amended by revising paragraph (b) to read as
follows:
Sec. 274a.8 Prohibition of indemnity bonds.
* * * * *
(b) Penalty. Any person or other entity who requires any individual
to post a bond or security as stated in this section shall, after
notice and opportunity for an administrative hearing in accordance with
section 274A(e)(3)(B) of the Act, be subject to a civil monetary
penalty of $1,000 for each violation before September 29, 1999, and
$1,100 for each violation occurring on or after September 29, 1999, and
to an administrative order requiring the return to the individual of
any amounts received in violation of this section or, if the individual
cannot be located, to the general fund of the Treasury.
5. Section 274a.10 is amended by revising paragraph (b)(1)(ii) and
paragraph (b)(2) introductory text to read as follows:
Sec. 274a.10 Penalties.
* * * * *
(b) * * *
(1) * * *
(ii) To pay a civil fine according to the following schedule:
(A) First offense--not less than $250 and not more than $2,000 for
each unauthorized alien with respect to whom the offense occurred
before September 29, 1999, and not less than $275 and not exceeding
$2,200, for each unauthorized alien with respect to whom the offense
occurred occurring on or after September 29, 1999.
(B) Second offense--not less than $2,000 and not more than $5,000
for each unauthorized alien with respect to whom the second offense
occurred before September 29, 1999, and not less than $2,200 and not
exceeding $5,500, for each unauthorized alien with respect to whom the
second offense occurred on or after September 29, 1999; or
(C) More than two offenses--not less than $3,000 and not more than
$10,000 for each unauthorized alien with respect to whom the third or
subsequent offense occurred before September 29, 1999, and not less
than $3,300 and not exceeding $11,000, for each unauthorized alien with
respect to whom the third or subsequent offense occurred on or after
September 29, 1999; and
* * * * *
(2) A respondent determined by the Service (if a respondent fails
to request a hearing) or by an administrative law judge, to have failed
to comply with the employment verification requirements as set forth in
Sec. 274a.2(b), shall be subject to a civil penalty in an amount of not
less than $100 and not more than $1,000 for each individual with
respect to whom such violation occurred before September 29, 1999, and
not less than $110 and not more than $1,100 for each individual with
respect to whom such violation occurred on or after September
[[Page 47102]]
29, 1999. In determining the amount of the penalty, consideration shall
be given to:
* * * * *
PART 280--IMPOSITION AND COLLECTION OF FINES
6. The authority citation for part 280 is revised to read as
follows:
Authority: 8 U.S.C. 1103, 1221, 1223, 1227, 1229, 1253, 1281,
1283, 1284, 1285, 1286, 1322, 1323, and 1330; 66 Stat. 173, 195,
197, 201, 203, 212, 219, 221-223, 226, 227, 230; Pub. L. 101-410,
104 Stat. 890, as amended by Pub. L. 104-134, 110 Stat. 1321.
7. Section 280.53 is added to read as follows:
Sec. 280.53 Civil monetary penalties inflation adjustment.
(a) In general. In accordance with the requirements of the Federal
Civil Penalties Inflation Adjustment Act of 1990, Pub. L. 101-410, 104
Stat. 890, as amended by the Debt Collection Improvement Act of 1996,
Pub. L. 104-34, 110 Stat. 1321, the civil monetary penalties provided
by law within the jurisdiction of the Service and listed in paragraph
(c) of this section are adjusted as set forth in this section,
effective for violations occurring on or after September 29, 1999.
(b) Calculation of adjustment. (1) The inflation adjustments
described in paragraph (c) of this section were determined by
increasing the maximum civil monetary penalty or the range of minimum
and maximum civil monetary penalties, as applicable, for each civil
monetary penalty assessed or enforced by the Service by the cost-of-
living adjustment as that term is defined by the Federal Civil
Penalties Inflation Adjustment Act of 1990, Pub. L. 101-410. Any
increase so determined was rounded to the nearest--
(i) Multiples of $10 in the case of penalties less than or equal to
$100;
(ii) Multiples of $100 in the case of penalties greater than $100
but less than or equal to $1,000;
(iii) Multiples of $1,000 in the case of penalties greater than
$1,000 but less than or equal to $10,000;
(iv) Multiples of $5,000 in the case of penalties greater than
$10,000 but less than or equal to $100,000;
(v) Multiples of $10,000 in the case of penalties greater than
$100,000 but less than or equal to $200,000; and
(vi) Multiples of $25,000 in the case of penalties greater than
$200,000.
(2) Notwithstanding the provisions of paragraph (b)(1) of this
section, the initial adjustment for each penalty is capped at 10%.
(c) Adjustment to penalties. The civil monetary penalties provided
by law within the jurisdiction of the Service, as set forth in this
paragraph (c)(1) through (9), are adjusted in accordance with the
inflation adjustment procedures prescribed in section 5 of the Federal
Civil Monetary Penalties Inflation Adjustment Act of 1990, Pub. L. 101-
410, effective on or after the September 29, 1999 as follows:
(1) Section 231(d) of the Act, Lists of Aliens and Citizen
Passengers Arriving or Departing; Record of Resident Aliens and
Citizens Leaving Permanently for Foreign Country: from $300 to $330.
(2) Section 234 of the Act, Designation of Ports of Entry for
Aliens Arriving by Civil Aircraft: from $2,000 to $2,200.
(3) Section 251(d) of the Act, List of Alien Crewmen; Reports of
Illegal Landings: from $200 to $220 for each alien not reported in
accordance with Sec. 251; and from $5,000 to $5,500 for use of alien
crewman for longshore work in violation of section 251(d).
(4) Section 254(a) of the Act, Control of Alien Crewman: from $500
minimum/$3,000 maximum to $550 minimum/$3,300 maximum.
(5) Section 255 of the Act, Employment on Passenger Vessels of
Aliens Afflicted with Certain Disabilities: from $1,000 to $1,100.
(6) Section 256 of the Act, Discharge of Alien Crewman: from $1,500
minimum/$3,000 maximum to $1,500 minimum/$3,300 maximum.
(7) Section 257 of the Act, Bringing Alien Crewmen Into United
States with Intent to Evade Immigration Laws: from a $10,000 maximum to
a $11,000 maximum.
(8) Section 271(a) of the Act, Prevention of Unauthorized Landing
of Aliens: from $3,000 to $3,300.
(9) Section 272(a) of the Act, Bringing in Aliens Subject to
Exclusion on a Health-Related Ground: from $3,000 to $3,300.
(10) Section 273(b) of the Act, Unlawful Bringing of Aliens Into
United States: from $3,000 to $3,300.
(d) Identification of sections requiring no adjustment to
penalties. The civil monetary penalties provided by law within the
jurisdiction of the Service, as set forth below in paragraphs (d)(1)
through (7) of this section require no adjustment:
(1) Section 240B(d) of the Act, Voluntary Departure.
(2) Section 243(c)(1)(A) and (B) of the Act, Penalties Related to
Removal.
(3) Section 274C(a)(5) and (a)(6) of the Act, Penalties for
Document Fraud.
(4) Section 274D of the Act, Penalties for Failure to Depart.
(5) Section 275(b) of the Act, Entry of Alien at Improper Time or
Place.
TITLE 28--JUDICIAL ADMINISTRATION
PART 20--CRIMINAL JUSTICE INFORMATION SYSTEMS
8. The authority citation for part 20 is revised to read as
follows:
Authority: 28 U.S.C. 534; Pub. L. 92-544, 86 Stat. 1115; 42
U.S.C. 3711, et seq.; Pub. L. 99-169, 99 Stat. 1002, 1008-1011, as
amended by Pub. L. 99-569, 100 Stat. 3190, 3196; Pub. L. 101-410,
104 Stat. 890, as amended by Pub. L. 104-134, 110 Stat. 1321.
9. Section 20.25 is amended by revising the first sentence to read
as follows:
Sec. 20.25 Penalties.
Any agency or individual violating subpart B of these regulations
shall be subject to a civil penalty not to exceed $10,000 for a
violation occurring before September 29, 1999, and not to exceed
$11,000 for a violation occurring on after September 29, 1999. * * *
PART 22--CONFIDENTIALITY OF IDENTIFIABLE RESEARCH AND STATISTICAL
INFORMATION:
10. The authority citation for part 22 is revised to read as
follows:
Authority: Secs. 801(a), 812(a), Omnibus Crime Control and Safe
Streets Act of 1968, 42 U.S.C. 3701, et seq., as amended (Pub. L.
90-351, as amended by Pub. L. 93-83, Pub. L. 93-415, Pub. L. 94-430,
Pub. L. 94-503, Pub. L. 95-115, Pub. L. 96-157, and Pub. L. 98-473);
secs. 262(b), 262(d), Juvenile Justice and Delinquency Prevention
Act of 1974, 42 U.S.C. 5601, et seq., as amended (Pub. L. 93-415, as
amended by Pub. L. 94-503, Pub. L. 95-115, Pub. L. 99-509, and Pub.
L. 98-473); and secs. 1407(a) and 1407(d) of the Victims of Crime
Act of 1984, 42 U.S.C. 10601, et seq., Pub. L. 98-473; Pub. L. 101-
410, 104 Stat. 890, as amended by Pub. L. 104-134, 110 Stat. 1321.
11. Section 22.29 is revised to read as follows:
Sec. 22.29 Sanctions.
Where BJA, OJJDP, BJS, NIJ, or OJP believes that a violation of
section 812(a) of the Act or section 1407(d) of the Victims of Crime
Act, these regulations, or any grant or contract conditions entered
into thereunder has occurred, it may initiate administrative actions
leading to termination of a grant or contract, commence appropriate
personnel and/or other procedures in cases involving Federal employees,
and/or initiate appropriate legal actions leading to imposition of a
civil penalty not to exceed $10,000 for a violation occurring before
September 29, 1999, and not to exceed $11,000 for a violation occurring
on or after September 29, 1999 against any person responsible for such
violations.
[[Page 47103]]
PART 36--NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC
ACCOMMODATIONS AND IN COMMERCIAL FACILITIES
12. The authority citation for part 36 is revised to read as
follows:
Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; 42 U.S.C. 12188(b);
Pub. L. 101-410, 104 Stat. 890, as amended by Pub. L. 104-134, 110
Stat. 1321.
13. Section 36.504 is amended by revising paragraph (a)(3) (i) and
(ii) to read as follows:
Sec. 36.504 Relief.
(a) * * *
(3) * * *
(i) Not exceeding $50,000 for a first violation occurring before
September 29, 1999, and not exceeding $55,000 for a first violation
occurring on or after September 29, 1999; and
(ii) Not exceeding $100,000 for any subsequent violation occurring
before September 29, 1999, and not exceeding $110,000 for any
subsequent violation occurring on or after September 29, 1999.
* * * * *
PART 71--IMPLEMENTATION OF THE PROVISIONS OF THE PROGRAM FRAUD
CIVIL REMEDIES ACT OF 1986
14. The authority citation for part 71 is revised to read as
follows:
Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; 31 U.S.C. 3801-
3812; Pub. L. 101-410, 104 Stat. 890, as amended by Pub. L. 104-134,
110 Stat. 1321.
15. In Sec. 71.3, the concluding text of paragraphs (a) and (f) are
removed, and the introductory text of paragraphs (a) and (f) are
revised to read as follows:
Sec. 71.3 Basis for civil penalties and assessments.
(a) Any person shall be subject, in addition to any other remedy
that may be prescribed by law, to a civil penalty of not more than
$5,000 for each claim listed in paragraphs (a)(1) through (a)(4) of
this section made before September 29, 1999, and not more than $5,500
for each such claim made on or after September 29, 1999, if that person
makes a claim that the person knows or has reason to know:
* * * * *
(f) Any person shall be subject, in addition to any other remedy
that may be prescribed by law, to a civil penalty of not more than
$5,000 for each statement listed in paragraphs (f)(1) and (f)(2) of
this section made before September 29, 1999, and not more than $5,500
for each such statement made on or after September 29, 1999, if that
person makes a written statement that:
* * * * *
PART 76--RULES OF PROCEDURE FOR ASSESSMENT OF CIVIL PENALTIES FOR
POSSESSION OF CERTAIN CONTROLLED SUBSTANCES
16-17. The authority citation for part 76 is revised to read as
follows:
Authority: 5 U.S.C. 301; 21 U.S.C. 844a, 875, 876; 28 U.S.C.
509, 510,; Pub. L. 101-410, 104 Stat. 890, as amended by Pub. L.
104-134, 110 Stat. 1321.
18. Section 76.3 is amended by revising paragraph (a) to read as
follows:
Sec. 76.3 Basis for civil penalty.
(a) Any individual who knowingly possesses a controlled substance
that is listed in Sec. 76.2(h) in violation of 21 U.S.C. 844a shall be
liable to the United States for a civil penalty in an amount of not to
exceed $10,000 for each such violation occurring before September 29,
1999, and not to exceed $11,000 for each such violation occurring on or
after September 29, 1999.
* * * * *
19. Part 85 is added to read as follows:
PART 85--CIVIL MONETARY PENALTIES INFLATION ADJUSTMENT
Sec.
85.1 In general.
85.2 Calculation of adjustment.
85.3 Adjustments to penalties.
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.
Sec. 85.1 In general.
(a) In accordance with the requirements of the Federal Civil
Penalties Inflation Adjustment Act of 1990, Pub. L. 104-410, 104 Stat.
890, as amended by the Debt Collection Improvement Act of 1996, Pub. L.
104-134, 110 Stat. 1321, 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 this part, effective for
violations occurring on or after September 29, 1999.
(b) Reference should be made to regulations of the Immigration and
Naturalization Service in title 8 of the Code of Federal Regulations
for the adjustment of civil monetary penalties pertaining to
immigration matters. In addition, adjustments to civil penalties
relating to unauthorized employment of aliens, immigration related
unfair employment practices, and civil document fraud are addressed in
28 CFR 68.52.
Sec. 85.2 Calculation of adjustment.
(a) The inflation adjustments described in Sec. 85.3 were
determined by increasing the maximum civil monetary penalty or the
range of minimum and maximum civil monetary penalties, as applicable,
for each civil monetary penalty assessed or enforced by the Department
of Justice by the cost-of-living adjustment as that term is defined by
the Federal Civil Penalties Inflation Adjustment Act of 1990, Pub. L.
101-410. Any increase so determined was rounded to the nearest--
(1) Multiples of $10 in the case of penalties less than or equal to
$100;
(2) Multiples of $100 in the case of penalties greater than $100
but less than or equal to $1,000;
(3) Multiples of $1000 in the case of penalties greater than $1000
but less than or equal to $10,000;
(4) Multiples of $5,000 in the case of penalties greater than
$10,000 but less than or equal to $100,000;
(5) Multiples of $10,000 in the case of penalties greater than
$100,000 but less than or equal to $200,000; and
(6) Multiples of $25,000 in the case of penalties greater than
$200,000.
(b) Notwithstanding the provisions of paragraph (a) of this
section, the initial adjustment for each penalty is capped at 10%.
Sec. 85.3 Adjustments to penalties.
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 in
accordance with the inflation adjustment procedures prescribed in
section 5 of the Federal Civil Monetary Penalties Inflation Adjustment
Act of 1990, Pub. L. 101-410, effective on or after September 29, 1999,
as follows:
(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
[[Page 47104]]
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
(first order) from $10,000 to $11,000; (subsequent order) unchanged at
$15,000.
(2) 18 U.S.C. 248(c)(2)(B), Freedom of Access to Clinic Entrances
Act of 1994: other violations (first order) unchanged at $15,000;
(subsequent order) from $25,000 to $27,500.
(3) 42 U.S.C. 3614(d)(1)(C), Fair Housing Act of 1968, as amended
in 1988: pattern or practice violation (first order) from $50,000 to
$55,000; (subsequent order) from $100,000 to $110,000.
(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.
Dated: August 12, 1999.
Janet Reno,
Attorney General.
[FR Doc. 99-22347 Filed 8-27-99; 8:45 am]