(a) In accordance with the requirements of the Federal Civil PenaltiesInflation Adjustment Act of 1990, Pub. L. 104-410, 104 Stat. 890, asamended by the Debt Collection Improvement Act of 1996, Pub. L. 104-134,110 Stat. 1321, the civil monetary penalties provided by law within thejurisdiction of the Department of Justice and listed in section 85.3 areadjusted as set forth in this part, effective for violations occurring on orafter September 29, 1999.

(b) Reference should be made to regulations of the Immigration andNaturalization Service in title 8 of the Code of Federal Regulations for theadjustment of civil monetary penalties pertaining to immigration matters. Inaddition, adjustments to civil penalties relating to unauthorized employment ofaliens, immigration related unfair employment practices, and civil documentfraud are addressed in 28 CFR 68.52.

(a) The inflation adjustments described in § 85.3 were determinedby increasing the maximum civil monetary penalty or the range of minimum andmaximum civil monetary penalties, as applicable, for each civil monetary penaltyassessed or enforced by the Department of Justice by the cost-of-livingadjustment as that term is defined by the Federal Civil Penalties InflationAdjustment Act of 1990, Pub. L. 101-410. Any increase so determined wasrounded 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 lessthan or equal to $1,000;

(3) Multiples of $1000 in the case of penalties greater than $1000 but lessthan or equal to $10,000;

(4) Multiples of $5,000 in the case of penalties greater than $10,000 butless than or equal to $100,000;

(5) Multiples of $10,000 in the case of penalties greater than $100,000 butless 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, theinitial adjustment for each penalty is capped at 10%.

The civil monetary penalties provided by law within the jurisdiction of therespective components of the Department, as set forth in paragraphs (a) through(d) of this section, are adjusted in accordance with the inflation adjustmentprocedures prescribed in section 5 of the Federal Civil Monetary PenaltiesInflation Adjustment Act of 1990, Pub. L. 101-410, effective on or afterSeptember 29, 1999, as follows:

(a) Civil Division. (1) 5 U.S.C. App. 4 102(f)(6)(C)(i), Ethicsin Government Act of 1978, knowing and willful disclosure, solicitation, orreceipt 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 toblind trusts: from $5,000 to $5,500.

(3) 5 U.S.C. App. 4 104(a), Ethics in Government Act of 1978, falsificationor 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, unlawfulacquisition 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 oflimitations on outside earned income and employment: from $10,000 to $11,000.

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

(7) 12 U.S.C. 1833a(b)(2), Financial Institutions Reform, Recovery, andEnforcement 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, fraudulentclaim 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, violationinvolving false claim: from $5,000 to $5,500.

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

(12) 40 U.S.C. 489(b)(1), Federal Property and Administrative Services Act of1949, 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 involvingkickbacks: from $10,000 to $11,000.

(b) Civil Rights Division. (1) 18 U.S.C. 248(c)(2)(B), Freedomof 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 of1994: 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; (subsequentorder) from $100,000 to $110,000.

(c) Criminal Division. 18 U.S.C. 216(b), Ethics Reform Act of1989, 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 shipmentof controlled substances: from $25,000 to $27,500.