(a) The Department of Commerce means the United States Department of Commerce.

(b) Civil Monetary Penalty means any penalty, fine, or other sanction that:

(1) Is for a specific monetary amount as provided by Federal law, or has a maximum amount provided for by Federal law; and

(2) Is assessed or enforced by an agency pursuant to Federal law; and

(3) Is assessed or enforced pursuant to an administrative proceeding or a civil action in the Federal courts.

The purpose of this part is to make adjustments for inflation to civil monetary penalties, as required by the Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410; 28 U.S.C. 2461), as amended by the Debt Collection Improvement Act of 1996 (Pub. L. 104-134) and the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Section 701 of Pub. L. 114-74), of each civil monetary penalty provided by law within the jurisdiction of the United States Department of Commerce (Department of Commerce).

The civil monetary penalties provided by law within the jurisdiction of the Department of Commerce, 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 amounts of such civil monetary penalties that were in effect as of January 15, 2023, 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 $13,508 to $13,946.

(2) 31 U.S.C. 3802(a)(2), Program Fraud Civil Remedies Act of 1986 (1986), violation, maximum from $13,508 to $13,946.

(3) 31 U.S.C. 3729(a)(1)(G), False Claims Act (1986); violation, minimum from $13,508 to $13,946; maximum from $27,018 to $27,894.

(b) Bureau of Economic Analysis. 22 U.S.C. 3105(a), International Investment and Trade in Services Act (1990); failure to furnish information, minimum from $5,580 to $5,761; maximum from $55,808 to $57,617.

(c) Bureau of Industry and Security. (1) 15 U.S.C. 5408(b)(1), Fastener Quality Act (1990), violation, maximum from $55,808 to $57,617.

(2) 22 U.S.C. 6761(a)(1)(A), Chemical Weapons Convention Implementation Act (1998), violation, maximum from $45,429 to $46,901.

(3) 22 U.S.C. 6761(a)(l)(B), Chemical Weapons Convention Implementation Act (1998), violation, maximum from $9,086 to $9,380.

(4) 50 U.S.C. 1705(b), International Emergency Economic Powers Act (2007), violation, maximum from $356,579 to $368,136.

(5) 22 U.S.C. 8142(a), United States Additional Protocol Implementation Act (2006), violation, maximum from $36,919 to $38,116.

(6) 50 U.S.C. 4819, Export Controls Act of 2018 (2018), violation, maximum from $353,534 to $364,992

(d) 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 per violation, from $1,643 to $1,696; maximum per violation, from $16,438 to $16,971.

(2) 13 U.S.C. 305(b), Collection of Foreign Trade Statistics (2002), violation, maximum from $16,438 to $16,971.

(e) International Trade Administration. (1) 19 U.S.C. 81s, Foreign Trade Zone (1934), violation, maximum from $3,446 to $3,558.

(2) 19 U.S.C. 1677f(f)(4), U.S.-Canada Free Trade Agreement Protective Order (1988), violation, maximum from $247,929 to $255,964.

(f) National Oceanic and Atmospheric Administration. (1) 51 U.S.C. 60123(a), Land Remote Sensing Policy Act of 2010 (2010), violation, maximum from $13,625 to $14,067.

(2) 51 U.S.C. 60148(c), Land Remote Sensing Policy Act of 2010 (2010), violation, maximum from $13,625 to $14,067.

(3) 16 U.S.C. 773f(a), Northern Pacific Halibut Act of 1982 (2007), violation, maximum from $285,265 to $294,510.

(4) 16 U.S.C. 783, Sponge Act (1914), violation, maximum from $2,037 to $2,103.

(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 $101,805 to $105,105.

(ii) Subsequent violation of 16 U.S.C. 957(a), maximum from $219,273 to $226,380.

(iii) Violation of 16 U.S.C. 957(b), maximum from $3,446 to $3,558.

(iv) Subsequent violation of 16 U.S.C. 957(b), maximum from $20,362 to $21,022.

(v) Violation of 16 U.S.C. 957(c), maximum from $438,548 to $452,761.

(6) 16 U.S.C. 957(i), Tuna Conventions Act of 1950, 1 violation, maximum from $223,229 to $230,464.

(7) 16 U.S.C. 959, Tuna Conventions Act of 1950, 2 violation, maximum from $223,229 to $230,464.

(8) 16 U.S.C. 971f(a), Atlantic Tunas Convention Act of 1975, 3 violation, maximum from $223,229 to $230,464.

(9) 16 U.S.C. 973f(a), South Pacific Tuna Act of 1988 (1988), violation, maximum from $619,820 to $639,908.

(10) 16 U.S.C. 1174(b), Fur Seal Act Amendments of 1983 (1983), violation, maximum from $29,505 to $30,461.

(11) 16 U.S.C. 1375(a)(1), Marine Mammal Protection Act of 1972 (1972), violation, maximum from $34,457 to $35,574.

(12) 16 U.S.C. 1385(e), Dolphin Protection Consumer Information Act, 4 violation, maximum from $223,229 to $230,464.

(13) 16 U.S.C. 1437(d)(1), National Marine Sanctuaries Act (1992), violation, maximum from $210,161 to $216,972.

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

(i) Violation as specified (1988), maximum from $61,982 to $63,991.

(ii) Violation as specified (1988), maximum from $29,751 to $30,715.

(iii) Otherwise violation (1978), maximum from $2,037 to $2,103.

(15) 16 U.S.C. 1858(a), Magnuson-Stevens Fishery Conservation and Management Act (1990), violation, maximum from $223,229 to $230,464.

(16) 16 U.S.C. 2437(a), Antarctic Marine Living Resources Convention Act of 1984, 5 violation, maximum from $223,229 to $230,464.

(17) 16 U.S.C. 2465(a), Antarctic Protection Act of 1990, 6 violation, maximum from $223,229 to $230,464.

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

(i) 16 U.S.C. 3373(a)(1), violation, maximum from $31,908 to $32,942.

(ii) 16 U.S.C. 3373(a)(2), violation, maximum from $797 to $823.

(19) 16 U.S.C. 3606(b)(1), Atlantic Salmon Convention Act of 1982, 7 violation, maximum from $223,229 to $230,464.

(20) 16 U.S.C. 3637(b), Pacific Salmon Treaty Act of 1985, 8 violation, maximum from $223,229 to $230,464.

(21) 16 U.S.C. 4016(b)(1)(B), Fish and Seafood Promotion Act of 1986 (1986); violation, minimum from $1,350 to $1,394; maximum from $13,508 to $13,946.

(22) 16 U.S.C. 5010, North Pacific Anadromous Stocks Act of 1992, 9 violation, maximum from $223,229 to $230,464.

(23) 16 U.S.C. 5103(b)(2), Atlantic Coastal Fisheries Cooperative Management Act, 10 violation, maximum from $223,229 to $230,464.

(24) 16 U.S.C. 5154(c)(1), Atlantic Striped Bass Conservation Act, 11 violation, maximum from $223,229 to $230,464.

(25) 16 U.S.C. 5507(a), High Seas Fishing Compliance Act of 1995 (1995), violation, maximum from $193,890 to $200,174.

(26) 16 U.S.C. 5606(b), Northwest Atlantic Fisheries Convention Act of 1995, 12 violation, maximum from $223,229 to $230,464.

(27) 16 U.S.C. 6905(c), Western and Central Pacific Fisheries Convention Implementation Act, 13 violation, maximum from $223,229 to $230,464.

(28) 16 U.S.C. 7009(c) and (d), Pacific Whiting Act of 2006, 14 violation, maximum from $223,229 to $230,464.

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

(i) Violation, maximum from $34,457 to $35,574.

(ii) Subsequent violation, maximum from $101,805 to $105,105.

(30) 30 U.S.C. 1462(a), Deep Seabed Hard Mineral Resources Act (1980), violation, maximum, from $87,855 to $90,702.

(31) 42 U.S.C. 9152(c), Ocean Thermal Energy Conversion Act of 1980 (1980), violation, maximum from $87,855 to $90,702.

(32) 16 U.S.C. 1827a, Billfish Conservation Act of 2012, 15 violation, maximum from $223,229 to $230,464.

(33) 16 U.S.C. 7407(b), Port State Measures Agreement Act of 2015, 16 violation, maximum from $223,229 to $230,464.

(34) 16 U.S.C. 1826g(f), High Seas Driftnet Fishing Moratorium Protection Act, 17 violation, maximum from $223,229 to $230,464.

(35) 16 U.S.C. 7705, Ensuring Access to Pacific Fisheries Act, 18 violation, maximum from $223,229 to $230,464.

(36) 16 U.S.C. 7805, Ensuring Access to Pacific Fisheries Act, 19 violation, maximum from $223,229 to $230,464.

(37) 16 U.S.C. 1857 note, James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, 20 (newly reported penalty), violation, maximum $230,464.

(g) National Technical Information Service. 42 U.S.C. 1306c(c), Bipartisan Budget Act of 2013 (2013), violation, minimum from $1,158 to $1,196; maximum total penalty on any person for any calendar year, excluding willful or intentional violations, from $289,504 to $298,887.

(h) Office of the Under Secretary for Economic Affairs. 15 U.S.C. 113, Concrete Masonry Products Research, Education, and Promotion Act of 2018, violation, maximum from $5,000 to $5,162.

The Department of Commerce's 2024 adjustments for inflation made by § 6.3, of the civil monetary penalties there specified, are effective on January 15, 2024, and said civil monetary penalties, as thus adjusted by the adjustments for inflation made by § 6.3, apply only to those civil monetary penalties, including those whose associated violation predated such adjustment, which are assessed by the Department of Commerce after the effective date of the new civil monetary penalty level, and before the effective date of any future adjustments for inflation to civil monetary penalties thereto made subsequent to January 15, 2024 as provided in § 6.5.

The Secretary of Commerce or his or her designee by regulation shall make subsequent adjustments for inflation to the Department of Commerce's civil monetary penalties annually, which shall take effect not later than January 15, notwithstanding section 553 of title 5, United States Code.