2026 Federal Compliance Penalty Index
Last reviewed · By Chad Griffith
Federal civil penalties for compliance violations are adjusted annually for inflation under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Public Law 114-74, Sec. 701). Each agency publishes its inflation adjustment by January 15 each year, with adjusted amounts applying to violations occurring on or after that date. This index aggregates the 2026-applicable maximum civil penalties across the major federal compliance regimes — FMCSA, OSHA, EPA, HHS Office for Civil Rights (HIPAA), CMS, FAA, DEA, FCC, and DOT — into a single reference. All amounts are sourced from the agency's published inflation adjustment final rule for 2025 (which sets 2026-applicable amounts) and the underlying CFR penalty section.
FMCSA — Motor Carrier Safety
FMCSA penalties under 49 USC 521 and 49 CFR 386 Appendix B (2026 amounts effective Jan 15, 2025):
- General FMCSA violations: $16,550 / violation
- Recordkeeping (DQF): $1,099–$11,000 / record
- FMCSA Clearinghouse query failure: $6,386 / occurrence
- Hazmat transportation: $110,750 / violation
- Hazmat (resulting in death/injury): $258,083 / violation
- Operating after OOS order: $33,100 / violation
- Knowing falsification of records: $13,775 / violation
OSHA — Workplace Safety
OSHA penalties under 29 USC 666 (2026 amounts effective Jan 15, 2025):
- Other-Than-Serious / Posting: $16,131 / violation
- Serious Violation: $16,131 / violation
- Willful or Repeat Violation: $161,323 / violation
- Failure to Abate: $16,131 / day past abatement
- Recordkeeping (300 logs, etc.): $1,496 / violation
EPA — Environmental Programs
EPA penalties under various statutes (2026 amounts):
- RCRA Hazardous Waste (42 USC 6928): $99,681 / day / violation
- Clean Air Act (42 USC 7413): $109,024 / day / violation
- Clean Water Act NPDES (33 USC 1319): $59,114 / day / violation
- EPCRA Section 312 reporting (42 USC 11045): $69,733 / day / violation
- SPCC oil pollution (33 USC 1321): up to $25,000 / barrel / day
- UST violations (42 USC 6991e): $25,000 / tank / day
- TSCA chemical violations (15 USC 2615): $48,762 / day / violation
HHS HIPAA — Patient Privacy and Security
HIPAA civil penalties under 42 USC 1320d-5, tiered by culpability (2026 amounts):
- Tier 1 — No knowledge: $137 to $68,928 / violation
- Tier 2 — Reasonable cause: $1,379 to $68,928 / violation
- Tier 3 — Willful neglect, corrected within 30 days: $13,785 to $68,928 / violation
- Tier 4 — Willful neglect, not corrected: $68,928 to $2,067,813 / violation
- Annual cap per identical provision: $2,067,813
CMS — Provider Compliance
CMS civil money penalties for SNF, HHA, hospice, and ASC violations under 42 USC 1395i-3(h) and similar provisions (2026 amounts):
- SNF per-day CMP (lower range): $112 to $7,255 / day
- SNF per-day CMP (higher range): $7,255 to $26,857 / day
- SNF per-instance CMP: $2,372 to $24,038 / instance
- EMTALA (42 USC 1395dd): $135,841 (under 100 beds) / $270,683 (100+ beds) / violation
- Stark Law Section 1877(g)(3) — circumvention scheme: $237,946 / scheme
- Anti-Kickback Statute civil penalty: $135,000 / violation + criminal
FAA — Aviation Safety
FAA civil penalties under 49 USC 46301 (2026 amounts):
- Aviation safety violations (general): $59,300 / violation
- Hazmat transportation on aircraft: $44,539 / violation
- Individual operating certificate holder: $13,775 / violation
- Commercial operations / certificated activities (cumulative on certain violations): up to $300,000
DEA — Controlled Substances
DEA civil penalties under 21 USC 842 and 843 (2026 amounts):
- Recordkeeping violation (21 USC 842): $25,000+ / violation
- Knowing recordkeeping failure: $94,300 / violation
- Diversion-related violations: criminal exposure plus civil penalties up to $94,300 / violation
- Practitioner registration violation: $50,000 / violation
False Claims Act — Federal Healthcare Programs
FCA penalties under 31 USC 3729-3733 (2026 amounts):
- Per-claim civil penalty (minimum): $13,508 / claim
- Per-claim civil penalty (maximum): $27,018 / claim
- Damages multiplier: 3x the false claim amount (treble damages)
- Whistleblower share (qui tam relator): 15-30% of recovery
- Combined with treble damages, FCA cases regularly produce per-case settlements of $5M-$500M+
Comparative View — Per-Violation Maximum (2026)
| Regulator | Maximum Per-Violation | Comments |
|---|---|---|
| HHS HIPAA Tier 4 | $2,067,813 / year | Per identical provision annual cap |
| CMS Stark Sec 1877(g)(3) | $237,946 / scheme | Per circumvention scheme |
| EMTALA (large hospitals) | $270,683 / violation | Hospitals with 100+ beds |
| FMCSA Hazmat Death/Injury | $258,083 / violation | Severity-driven max |
| OSHA Willful/Repeat | $161,323 / violation | 10x serious-violation max |
| AKS Civil Penalty | $135,000 / violation | Plus criminal exposure |
| FMCSA Hazmat (general) | $110,750 / violation | Per shipment violation |
| EPA CAA | $109,024 / day / violation | Continuing-violation accrual |
| EPA RCRA | $99,681 / day / violation | Continuing-violation accrual |
| HIPAA per-violation | $68,928 / violation | Tier 4 per-violation max |
Frequently Asked Questions
Do these penalties apply to existing violations or new violations?
The 2026 penalty amounts apply to violations occurring on or after January 15, 2025, when the agencies' inflation adjustment final rules took effect. Earlier violations are assessed under the inflation-adjusted amounts in effect at the time of the violation. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 establishes the annual adjustment mechanism.
Are these maximum penalties typically assessed?
Maximums are rarely assessed for first-time violators. Each agency's penalty calculation methodology applies adjustments for: gravity of the violation, employer size, good-faith efforts, prior violation history, and other factors. Typical assessed penalties for serious violations run 30-70% of the published maximum. However, willful or repeat classifications can push penalties to the maximum quickly. Compounding violations across multiple workers, sites, days, or claims can produce per-case totals well above the per-violation maximum.
How do these civil penalties relate to criminal penalties?
Civil penalties listed here are administrative/civil money penalties imposed by the regulator. Criminal penalties (imprisonment, criminal fines) are imposed by federal courts after Department of Justice prosecution. Many of the underlying statutes provide both civil and criminal penalties — for example, AKS at 42 USC 1320a-7b includes criminal felony exposure (up to 10 years imprisonment) in addition to civil penalties. Criminal exposure typically requires higher proof standards (knowing and willful conduct) than civil penalties.
Can civil penalties be appealed?
Yes. Each regulator has its own administrative appeal process. FMCSA penalties can be appealed to the FMCSA Hearing Officer and then federal court. OSHA penalties can be contested before the Occupational Safety and Health Review Commission. EPA penalties go through the Environmental Appeals Board. CMS penalties go through the Departmental Appeals Board. HHS HIPAA penalties go through HHS administrative appeals. Appeals typically don't pause penalty accrual but can result in penalty reductions or reversals.
Authoritative sources