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. (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. (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. (d) Drug Enforcement Administration. [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. (a) For civil penalties assessed after July 3, 2025, 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 fifth column of table 1 to this section. (b) For civil penalties assessed after February 12, 2024, and on or before July 3, 2025 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 fourth column of table 1 to this section. (c) All figures set forth in table 1 to this section are maximum penalties, unless otherwise indicated. Table 1 to § 85.5 U.S.C. citation Name/description CFR citation DOJ penalty assessed 1 DOJ penalty assessed after July 3, 2025 2 ATF 18 U.S.C. 922(t)(5) Brady Law—Nat'l Instant Criminal Check System (NICS); Transfer of firearm without checking NICS 10,557 10,831 18 U.S.C. 924(p) Child Safety Lock Act; Secure gun storage or safety device, violation 3,861 3,961 Civil Division 12 U.S.C. 1833a(b)(1) Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) Violation 28 CFR 85.3(a)(6) 2,449,575 2,513,215 12 U.S.C. 1833a(b)(2) FIRREA Violation (continuing) (per day) 28 CFR 85.3(a)(7) 2,449,575 2,513,215 12 U.S.C. 1833a(b)(2) FIRREA Violation (continuing) 28 CFR 85.3(a)(7) 12,247,886 12,566,086 22 U.S.C. 2399b(a)(3)(A) Foreign Assistance Act; Fraudulent Claim for Assistance (per act) 28 CFR 85.3(a)(8) 7,114 7,299 31 U.S.C. 3729(a) False Claims Act; 3 28 CFR 85.3(a)(9) Min 13,946, Max 27,894 Min 14,308, Max 28,619 31 U.S.C. 3802(a)(1) Program Fraud Civil Remedies Act; Violations Involving False Claim (per claim) 28 CFR 71.3(a) 13,946 14,308 31 U.S.C. 3802(a)(2) Program Fraud Civil Remedies Act; Violation Involving False Statement (per statement) 28 CFR 71.3(f) 13,946 14,308 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) 7,114 7,299 41 U.S.C. 8706(a)(1)(B) Anti-Kickback Act; Violation Involving Kickbacks 4 28 CFR 85.3(a)(13) 27,894 28,619 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) 10,289 10,556 18 U.S.C. 216(b) Ethics Reform Act of 1989; Penalties for Conflict of Interest Crimes 5 28 CFR 85.3(c) 122,480 125,662 41 U.S.C. 2105(b)(1) Office of Federal Procurement Policy Act; 6 127,983 131,308 41 U.S.C. 2105(b)(2) Office of Federal Procurement Policy Act; 6 1,279,819 1,313,069 42 U.S.C. 5157(d) Disaster Relief Act of 1974; 7 16,170 16,590 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) 20,516 21,049 18 U.S.C. 248(c)(2)(B)(ii) FACE Act; Nonviolent physical obstruction, subsequent violation 28 CFR 85.3(b)(1)(ii) 30,868 31,670 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) 30,868 31,670 18 U.S.C. 248(c)(2)(B)(ii) FACE Act; Violation other than a nonviolent physical violation) 28 CFR 85.3(b)(2)(ii) 51,449 52,786 42 U.S.C. 3614(d)(1)(C)(i) Fair Housing Act of 1968; first violation 28 CFR 85.3(b)(3)(i) 127,983 131,308 42 U.S.C. 3614(d)(1)(C)(ii) Fair Housing Act of 1968; subsequent violation 28 CFR 85.3(b)(3)(ii) 255,964 262,614 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) 115,231 118,225 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) 230,464 236,451 50 U.S.C. 4041(b)(3) Servicemembers Civil Relief Act of 2003; first violation 28 CFR 85.3(b)(4)(i) 77,370 79,380 50 U.S.C. 4041(b)(3) Servicemembers Civil Relief Act of 2003; subsequent violation 28 CFR 85.3(b)(4)(ii) 154,741 158,761 Criminal Division 18 U.S.C. 983(h)(1) Civil Asset Forfeiture Reform Act of 2000; Penalty for Frivolous Assertion of Claim Min 442, Max 8,842 Min 453, Max 9,072 18 U.S.C. 1956(b) Money Laundering Control Act of 1986; Violation 8 27,894 28,619 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) 25,597 26,262 21 U.S.C. 961(1) Controlled Substance Import Export Act; Drug abuse, import or export 28 CFR 85.3(d) 88,934 91,245 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) 80,850 82,950 21 U.S.C. 842(c)(1)(B)(i) CSA; Violations of 842(a)(5), (10), and (17)—Prohibited acts re: controlled substances 18,759 19,246 21 U.S.C. 842(c)(1)(B)(ii) SUPPORT for Patients and Communities Act; Violations of 842(b)(ii)—Failures re: opioids 121,664 124,825 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) 647,907 664,740 21 U.S.C. 842(c)(1)(D) CSA; Violation of 825(e) at the retail level—False labeling of anabolic steroids (per violation) 1,296 1,330 21 U.S.C. 842(c)(2)(C) CSA; Violation of 842(a)(11) by a business—Distribution of laboratory supply with reckless disregard 9 485,893 498,517 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 608,319 624,123 21 U.S.C. 856(d) Illicit Drug Anti-Proliferation Act of 2003; Maintaining drug-involved premises 10 448,047 459,687 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 698, Max 5,579 Min 716, Max 5,724 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 5,579, Max 13,946 Min 5,724, Max 14,308 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 8,369, Max 27,894 Min 8,586, Max 28,619 8 U.S.C. 1324a(e)(5) IRCA; Paperwork violation (per relevant individual) 28 CFR 68.52(c)(5) Min 281, Max 2,789 Min 288, Max 2,861 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 973, Max 1,942 Min 998, Max 1,992 8 U.S.C. 1324a(g)(2) IRCA; Violation/prohibition of indemnity bonds (per violation) 28 CFR 68.52(c)(7) 2,789 2,861 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 575, Max 4,610 Min 590, Max 4,730 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 4,610, Max 11,524 Min 4,730, Max 11,823 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 6,913, Max 23,048 Min 7,093, Max 23,647 8 U.S.C. 1324b(g)(2)(B)(iv)(I V) IRCA; Unfair immigration-related employment practices, unfair documentary practices (per individual discriminated against) 28 CFR 68.52(d)(1)(xii) Min 230, Max 2,304 Min 236, Max 2,364 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 575, Max 4,610 Min 590, Max 4,730 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 4,610, Max 11,524 Min 4,730, Max 11,823 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 487, Max 3,887 Min 500, Max 3,988 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 3,887, Max 9,718 Min 3,988, Max 9,970 FBI 49 U.S.C. 30505(a) National Motor Vehicle Title Identification System; Violation (per violation) 2,058 2,111 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 35,574 36,498 1 2 3 4 5 6 7 8 9 10 11 [90 FR 29447, July 3, 2025]