Federal Register - December 13, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / Rules and Regulations 85.5 Adjustments to penalties for violations occurring after November 2, 2015.
List of Subjects in 28 CFR Part 85
Administrative practice and procedure, Penalties.
Accordingly, for the reasons set forth in the preamble, chapter I of title 28 of the Code of Federal Regulations is amended as follows:
PART 85CIVIL MONETARY
PENALTIES INFLATION ADJUSTMENT
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. 101410, 104 Stat. 890, as amended by Pub. L. 104134, 110 Stat. 1321; Pub. L.
11474, section 701, 28 U.S.C. 2461 note.
2. Section 85.5 is revised to read as follows:
For civil penalties assessed after December 13, 2021, 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 eighth column of table 1 to this section. For civil penalties assessed after June 19, 2020, and on or before December 13, 2021, 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. 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
$
DOJ penalty assessed after 6/19/2020
$ 1
DOJ penalty assessed after 12/13/2021 2
ATF
18 U.S.C. 922t5
18 U.S.C. 924p
Brady LawNatl Instant Criminal Check System; Transfer of firearm without checking NICS.
Child Safety Lock Act;
Secure gun storage or safety device, violation.
8,162
8,296
8,465
8,831
8,935.
2,985
3,034
3,096
3,230
3,268.
Civil Division 12 U.S.C. 1833ab1
12 U.S.C. 1833ab2
12 U.S.C. 1833ab2
22 U.S.C. 2399ba3A
31 U.S.C. 3729a
31 U.S.C. 3802a1
31 U.S.C. 3802a2
khammond on DSKJM1Z7X2PROD with RULES
40 U.S.C. 123a1A
41 U.S.C. 8706a1B
VerDate Sep<11>2014
Financial Institutions Reform, Recovery, and Enforcement Act FIRREA Violation.
FIRREA Violation continuing per day.
FIRREA Violation continuing.
Foreign Assistance Act;
Fraudulent Claim for Assistance per act.
False Claims Act; 3 Violations.
Program Fraud Civil Remedies Act; Violations Involving False Claim per claim.
Program Fraud Civil Remedies Act; Violation Involving False Statement per statement.
Federal Property and Administrative Services Act; Violation Involving Surplus Government Property per act.
Anti-Kickback Act; Violation Involving Kickbacks 4 per occurrence.
15:56 Dec 10, 2021
Jkt 256001
28 CFR
85.3a6.
1,893,610
1,924,589
1,963,870
2,048,915
2,073,133.
28 CFR
85.3a7.
28 CFR
85.3a7.
28 CFR
85.3a8.
1,893,610
1,924,589
1,963,870
2,048,915
2,073,133.
9,468,050
9,622,947
9,819,351
10,244,577
10,365,668.
5,500
5,590
5,704
5,951
6,021.
28 CFR
85.3a9.
28 CFR 71.3a ..
Min 10,781, Max 21,563.
10,781
Min 10,957, Max 21,916.
10,957
Min 11,181, Max 22,363.
11,181
Min 11,665, Max 23,331.
11,665
Min 11,803 Max 23,607.
11,803.
28 CFR 71.3f
10,781
10,957
11,181
11,665
11,803.
28 CFR
85.3a12.
5,500
5,590
5,704
5,951
6,021.
28 CFR
85.3a13.
21,563
21,916
22,363
23,331
23,607.
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