20 C.F.R. PART 356—CIVIL MONETARY PENALTY INFLATION ADJUSTMENT


Title 20 - Employees' Benefits


Title 20: Employees' Benefits

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PART 356—CIVIL MONETARY PENALTY INFLATION ADJUSTMENT

Section Contents
§ 356.1   Introduction.
§ 356.2   Program Fraud Civil Remedies Act of 1986.
§ 356.3   False claims.


Authority:  28 U.S.C. 2461; 31 U.S.C. 3729, 3809.

Source:  62 FR 3791, Jan. 27, 1997, unless otherwise noted.

§ 356.1   Introduction.
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(a) The Federal Civil Penalties Inflation Adjustment Act requires that civil monetary penalties be adjusted by the percentage by which the Consumer Price Index for the month of June of the calendar year preceding the adjustment exceeds the Consumer Price Index for the month of June of the calendar year in which the amount of such civil monetary penalty was last set or adjusted. That Act also mandates rounding of the adjustment, depending on the amount of the maximum penalty.

(b) The ratio of the Consumer Price Index for the month of June of the calendar year preceding this adjustment to the Consumer Price Index for the month of June of the calendar year in which the amount of civil monetary penalties provided for under the Program Fraud Civil Remedies Act (31 U.S.C. 3801–3812) and the false claims provisions at 31 U.S.C. 3729(a) was last set or adjusted, 1986, is 456.7/327.9, which produces the following increases in the penalties after applicable rounding:

(1) The maximum penalty under the Program Fraud Civil Remedies Act for a false claim or statement would be increased from $5,000 to $7,000.

(2) The maximum and minimum penalties under the false claims provisions at 31 U.S.C. 3729(a) would be increased from $10,000 to $14,000 and $5,000 to $7,000, respectively.

(c) Imposition of the increases are limited to actions occurring after the effective date of the increases.

(d) No increase may exceed ten percent of the penalty or range of penalties, as applicable.

§ 356.2   Program Fraud Civil Remedies Act of 1986.
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In the case of penalties assessed under part 355 of this chapter, an additional penalty of $500 may be assessed for claims or statements made after October 23, 1996.

§ 356.3   False claims.
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In the case of penalties assessed under 31 U.S.C. 3729 based on actions occurring after October 23, 1996, the minimum penalty is $5,500 and the maximum penalty is $11,000.

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