15 CFR 6.4 - Adjustments to penalties.

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§ 6.4 Adjustments for inflation.

The civil monetary penalties provided by law within the jurisdiction of Commerce Department, as set forth in paragraphs (a) through (f) of this section, are hereby adjusted for inflation in accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended, from the amount of such civil monetary penalties that was in effect as of November 2, 2015, to the amounts of such civil monetary penalties, as thus adjusted. The year stated in parenthesis represents the year that the civil monetary penalty was last set by law or adjusted by law (excluding adjustments for inflation).

(a) United States Department of Commerce.

(1) 31 U.S.C. 3802(a)(1), Program Fraud Civil Remedies Act of 1986 (1986), violation, maximum from $5,500 to $10,781.

(2) 31 U.S.C. 3802(a)(2), Program Fraud Civil Remedies Act of 1986 (1986; newly reported penalty), violation, maximum $10,781.

(3) 31 U.S.C. 3729(a)(1)(G), False Claims Act (1986); violation, minimum from $5,500 to $10,781; maximum from $11,000 to $21,563.

(b) Bureau of Industry and Security.

(1) 15 U.S.C. 5408(b)(1), Fastener Quality Act (1990), violation, maximum from $32,500 to $44,539.

(2) 22 U.S.C. 6761(a)(1)(A), Chemical Weapons Convention Implementation Act (1998), violation, maximum from $25,000 to $36,256.

(3) 22 U.S.C. 6761(a)(l)(B), Chemical Weapons Convention Implementation Act (1998), violation, maximum from $5,000 to $7,251.

(4) 50 U.S.C. 1705(b), International Emergency Economic Powers Act (2007), violation, maximum $284,582.

(5) 22 U.S.C. 8142(a), United States Additional Protocol Implementation Act (2006), violation, maximum from $27,500 to $29,464.

(c) Census Bureau.

(1) 13 U.S.C. 304, Collection of Foreign Trade Statistics (2002), each day's delinquency of a violation; total of not to exceed maximum violation, from $1,000 to $1,312; maximum per violation, from $10,000 to $13,118.

(2) 13 U.S.C. 305(b), Collection of Foreign Trade Statistics (2002), violation, maximum from $10,000 to $13,118.

(d) Economics and Statistics Administration.

(1) 22 U.S.C. 3105(a), International Investment and Trade in Services Act (1990); failure to furnish information, minimum from $2,500 to $4,454; maximum from $32,500 to $44,539.

(e) International Trade Administration.

(1) 19 U.S.C. 81s, Foreign Trade Zone (1934), violation, maximum from $1,100 to $2,750.

(2) 19 U.S.C. 1677f(f)(4), U.S.-Canada FTA Protective Order (1988), violation, maximum from $130,000 to $197,869.

(f) National Oceanic and Atmospheric Administration.

(1) 51 U.S.C. 60123(a), Land Remote Sensing Policy Act of 2010 (2010), violation, maximum from $10,000 to $10,874.

(2) 51 U.S.C. 60148(c), Land Remote Sensing Policy Act of 2010 (2010), violation, maximum from $10,000 to $10,874.

(3) 16 U.S.C. 773f(a), Northern Pacific Halibut Act of 1982 (2007), violation, maximum from $200,000 to $227,666.

(4) 16 U.S.C. 783, Sponge Act (1914), violation, maximum from $650 to $1,625.

(5) 16 U.S.C. 957(d), (e), and (f), Tuna Conventions Act of 1950 (1962):

(i) Violation of 16 U.S.C. 957(a), maximum from $32,500 to $81,250.

(ii) Subsequent violation of 16 U.S.C. 957(a), maximum from $70,000 to $175,000.

(iii) Violation of 16 U.S.C. 957(b), maximum from $1,100 to $2,750.

(iv) Subsequent violation of 16 U.S.C. 957(b), maximum from $6,500 to $16,250.

(v) Violation of 16 U.S.C. 957(c), maximum from $140,000 to $350,000.

(6) 16 U.S.C. 957(i), Tuna Conventions Act of 1950 1 (new penalty), violation, maximum $178,156.

1 This National Oceanic and Atmospheric Administration maximum civil monetary penalty, as prescribed by law, is the maximum civil penalty per 16 U.S.C. 1858(a), Magnuson-Stevens Fishery Conservation and Management Act civil monetary penalty (item (15)).

(7) 16 U.S.C. 959, Tuna Conventions Act of 1950 2 (new penalty), violation, maximum $178,156.

2 See footnote 1.

(8) 16 U.S.C. 971f(a), Atlantic Tunas Convention Act of 1975, 3 violation, maximum from $140,000 to $178,156.

3 See footnote 1.

(9) 16 U.S.C. 973f(a), South Pacific Tuna Act of 1988 (1988), violation, maximum from $350,000 to $494,672.

(10) 16 U.S.C. 1174(b), Fur Seal Act Amendments of 1983 (1983), violation, maximum from $11,000 to $23,548.

(11) 16 U.S.C. 1375(a)(1), Marine Mammal Protection Act of 1972 (1972), violation, maximum from $11,000 to $27,500.

(12) 16 U.S.C. 1385(e), Dolphin Protection Consumer Information Act, 4 violation, maximum from $130,000 to $178,156.

4 This National Oceanic and Atmospheric Administration maximum civil monetary penalty was revised by law in 2015 to be the maximum civil penalty per 16 U.S.C. 1858(a), Magnuson-Stevens Fishery Conservation and Management Act civil monetary penalty (item (15)).

(13) 16 U.S.C. 1437(d)(1), National Marine Sanctuaries Act (1992), violation, maximum from $140,000 to $167,728.

(14) 16 U.S.C. 1540(a)(1), Endangered Species Act of 1973:

(i) Violation as specified (1988), maximum from $32,500 to $49,467.

(ii) Violation as specified (1988), maximum from $13,200 to $23,744.

(iii) Otherwise violation (1978), maximum from $650 to $1,625.

(15) 16 U.S.C. 1858(a), Magnuson-Stevens Fishery Conservation and Management Act (1990), violation, maximum from $140,000 to $178,156.

(16) 16 U.S.C. 2437(a), Antarctic Marine Living Resources Convention Act of 1984, 5 violation, maximum from $6,500 to $178,156.

5 See footnote 4.

(17) 16 U.S.C. 2465(a), Antarctic Protection Act of 1990, 6 violation, maximum from $6,500 to $178,156.

6 See footnote 4.

(18) 16 U.S.C. 3373(a), Lacey Act Amendments of 1981 (1981):

(i) 16 U.S.C. 3373(a)(1), violation, maximum from $11,000 to $25,464.

(ii) 16 U.S.C. 3373(a)(2), violation, maximum from $275 to $637.

(19) 16 U.S.C. 3606(b)(1), Atlantic Salmon Convention Act of 1982, 7 violation, maximum from $140,000 to $178,156.

7 See footnote 1.

(20) 16 U.S.C. 3637(b), Pacific Salmon Treaty Act of 1985, 8 violation, maximum from $140,000 to $178,156.

8 See footnote 1.

(21) 16 U.S.C. 4016(b)(1)(B), Fish and Seafood Promotion Act of 1986 (1986); violation, minimum from $500 to $1,078; maximum from $6,500 to $10,781.

(22) 16 U.S.C. 5010, North Pacific Anadromous Stocks Act of 1992, 9 violation, maximum from $130,000 to $178,156.

9 See footnote 4.

(23) 16 U.S.C. 5103(b)(2), Atlantic Coastal Fisheries Cooperative Management Act, 10 violation, maximum from $140,000 to $178,156.

10 See footnote 1.

(24) 16 U.S.C. 5154(c)(1), Atlantic Striped Bass Conservation Act, 11 violation, maximum from $140,000 to $178,156.

11 See footnote 1.

(25) 16 U.S.C. 5507(a), High Seas Fishing Compliance Act of 1995 (1995), violation, maximum from $130,000 to $154,742.

(26) 16 U.S.C. 5606(b), Northwest Atlantic Fisheries Convention Act of 1995, 12 violation, maximum from $140,000 to $178,156.

12 See footnote 1.

(27) 16 U.S.C. 6905(c), Western and Central Pacific Fisheries Convention Implementation Act, 13 violation, maximum from $140,000 to $178,156.

13 See footnote 1.

(28) 16 U.S.C. 7009(c) and (d), Pacific Whiting Act of 2006, 14 violation, maximum from $140,000 to $178,156.

14 See footnote 1.

(29) 22 U.S.C. 1978(e), Fishermen's Protective Act of 1967 (1971):

(i) Violation, maximum from $11,000 to $27,500.

(ii) Subsequent violation, maximum from $32,500 to $81,250.

(30) 30 U.S.C. 1462(a), Deep Seabed Hard Mineral Resources Act (1980), violation, maximum, from $32,500 to $70,117.

(31) 42 U.S.C. 9152(c), Ocean Thermal Energy Conversion Act of 1980 (1980), violation, maximum from $32,500 to $70,117.

(32) 16 U.S.C. 1827a, Billfish Conservation Act of 2012 15 (new penalty), violation, maximum $178,156.

15 See footnote 1.

(33) 16 U.S.C. 7407(b)(1), Port State Measures Agreement Act of 2015 16 (new penalty), violation, maximum $178,156.

16 See footnote 1.

(34) 16 U.S.C. 1826g(f), High Seas Driftnet Fishing Moratorium Protection Act 17 (new penalty), violation, maximum $178,156.

17 See footnote 1.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 28 - JUDICIARY AND JUDICIAL PROCEDURE