82 FR 40957 - Program Fraud Civil Remedies Act of 1986, Civil Monetary Penalties Inflation Adjustment

GENERAL SERVICES ADMINISTRATION

Federal Register Volume 82, Issue 166 (August 29, 2017)

Page Range		40957-40958
FR Document		2017-18274

In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 and further amended by the Federal Civil Penalties Inflation Adjustment Act Improvement Act of 2015, this final rule incorporates the penalty inflation adjustments for the civil monetary penalties set forth in the United States Code, as codified in our regulations.

Federal Register, Volume 82 Issue 166 (Tuesday, August 29, 2017)

[Federal Register Volume 82, Number 166 (Tuesday, August 29, 2017)]
[Rules and Regulations]
[Pages 40957-40958]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18274]


=======================================================================
-----------------------------------------------------------------------

GENERAL SERVICES ADMINISTRATION

41 CFR Part 105-70

[FPMR Case 2016-101-1; Docket No. 2016-0009; Sequence No. 1]
RIN 3090-AJ70


Program Fraud Civil Remedies Act of 1986, Civil Monetary 
Penalties Inflation Adjustment

AGENCY: Office of General Counsel, General Services Administration.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Federal Civil Penalties Inflation 
Adjustment Act of 1990, as amended by the Debt Collection Improvement 
Act of 1996 and further amended by the Federal Civil Penalties 
Inflation Adjustment Act Improvement Act of 2015, this final rule 
incorporates the penalty inflation adjustments for the civil monetary 
penalties set forth in the United States Code, as codified in our 
regulations.

DATES: Effective: September 28, 2017.

FOR FURTHER INFORMATION CONTACT: Mr. Aaron Pound, Assistant General 
Counsel, General Law Division (LG), General Services Administration, 
1800 F Street NW., Washington, DC 20405. Telephone Number 202-501-1460.

SUPPLEMENTARY INFORMATION:

I. The Debt Collection Improvement Act of 1996

    To maintain the remedial impact of civil monetary penalties (CMPs) 
and to promote compliance with the law, the Federal Civil Penalties 
Inflation Adjustment Act of 1990 (Pub. L. 101-410) was amended by the 
Debt Collection Improvement Act of 1996 (Pub. L. 104-134) to require 
Federal agencies to regularly adjust certain CMPs for inflation and 
further amended by the Federal Civil Penalties Inflation Adjustment Act 
Improvement Act of 2015 (Sec. 701 of Pub. L. 114-74). As amended, the 
law requires each agency to make an initial inflationary adjustment for 
all applicable CMPs, and to make further adjustments at least once 
every year thereafter for these penalty amounts. The Debt Collection 
Improvement Act of 1996 further stipulates that any resulting increases 
in a CMP due to the calculated inflation adjustments shall apply only 
to violations which occur after the date the increase takes effect, 
i.e., thirty (30) days after date of publication in the Federal 
Register. Pursuant to the 2015 Act, agencies are required to adjust the 
level of the CMP with an initial ``catch up'', and make subsequent 
annual adjustments for inflation. Catch up adjustments are based on the 
percent change between the Consumer Price Index for Urban Consumers 
(CPI-U) for the month of October for the year of the previous 
adjustment, and the October 2015 CPI-U. Annual inflation adjustments 
will be based on the percent change between the October CPI-U preceding 
the date of adjustment and the prior year's October CPI-U.

II. The Program Fraud Civil Remedies Act of 1986

    In 1986, sections 6103 and 6104 of the Omnibus Budget 
Reconciliation Act of 1986 (Pub. L. 99-501) set forth the Program Fraud 
Civil Remedies Act of 1986 (PFCRA). Specifically, this statute imposes 
a CMP and an assessment against any person who, with knowledge or 
reason to know, makes, submits, or presents a false, fictitious, or 
fraudulent claim or statement to the Government. The General Services 
Administration's regulations, published in the Federal Register (61 FR 
246, December 20, 1996) and codified at 41 CFR part 105-70, set forth a 
CMP of up to $5,500 for each false claim or statement made to the 
agency. Based on the penalty amount inflation factor calculation, 
derived from dividing the June 2015 CPI by the June 1996 CPI, after 
rounding we are adjusting the maximum penalty amount for this CMP to 
$10,781 per violation.

III. Waiver of Proposed Rulemaking

    In developing this final rule, we are waiving the usual notice of 
proposed rulemaking and public comment procedures set forth in the

[[Page 40958]]

Administrative Procedure Act, 5 U.S.C. 553 (APA). The APA provides an 
exception to the notice and comment procedures when an agency finds 
there is good cause for dispensing with such procedures on the basis 
that they are impracticable, unnecessary or contrary to the public 
interest. We have determined that under 5 U.S.C. 553(b)(3)(B) good 
cause exists for dispensing with the notice of proposed rulemaking and 
public comment procedures for this rule. Specifically, this rulemaking 
comports and is consistent with the statutory authority set forth in 
the Debt Collection Improvement Act of 1996, with no issues of policy 
discretion. Accordingly, we believe that opportunity for prior comment 
is unnecessary and contrary to the public interest, and we are issuing 
these revised regulations as a final rule that will apply to all future 
cases under this authority.

IV. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is a not significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.
    The Office of Management and Budget (OMB) has reviewed this final 
rule in accordance with the provisions of E.O. 12866 and has determined 
that it does not meet the criteria for a significant regulatory action. 
As indicated above, the provisions contained in this final rulemaking 
set forth the inflation adjustments in compliance with the Debt 
Collection Improvement Act of 1996 for specific applicable CMPs. The 
great majority of individuals, organizations and entities addressed 
through these regulations do not engage in such prohibited conduct, and 
as a result, we believe that any aggregate economic impact of these 
revised regulations will be minimal, affecting only those limited few 
who may engage in prohibited conduct in violation of the statute. As 
such, this final rule and the inflation adjustment contained therein 
should have no effect on Federal or state expenditures.

V. Regulatory Flexibility Act

    The Administrator of General Services certifies that this final 
rule will not have a significant economic impact on a substantial 
number of small business entities. While some penalties may have an 
impact on small business entities, it is the nature of the violation 
and not the size of the entity that will result in an action by the 
agency, and the aggregate economic impact of this rulemaking on small 
business entities should be minimal, affecting only those few who have 
engaged in prohibited conduct in violation of statutory intent.

VI. Paperwork Reduction Act

    This final rule imposes no new reporting or recordkeeping 
requirements necessitating clearance by OMB.

List of Subject in 41 CFR Part 105-70

    Administrative hearing, Claims, Program fraud.

    Dated: July 18, 2017.
Timothy Horne,
Acting Administrator of General Services.

    Accordingly, 41 CFR part 105-70 is amended as set forth below:

PART 105-70--IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT 
OF 1986

0
1. The authority citation for 41 CFR part 105-70 continues to read as 
follows:

    Authority: 40 U.S.C. 486(c); 31 U.S.C. 3809.


Sec.  105-70.003  [Amended]

0
2. Amend Sec.  105-70.003 by--
0
a. Removing from paragraph (a)(1)(iv) the amount ``5,500'' and adding 
``10,781'' in its place; and
0
b. Removing from paragraph (b)(1)(ii) the amount ``5,500'' and adding 
``10,781'' in its place.

[FR Doc. 2017-18274 Filed 8-28-17; 8:45 am]
BILLING CODE 6820-81-P

Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Rules and Regulations 40957

PART 81—DESIGNATION OF AREAS Authority: 42 U.S.C. 7401 et seq. amended by revising the entry
FOR AIR QUALITY PLANNING ■ 4. In § 81.343, the table entitled ‘‘Knoxville, TN:’’ to read as follows:
PURPOSES ‘‘Tennessee—1997 Annual PM2.5 § 81.343 Tennessee.
■ 3. The authority citation for part 81 NAAQS [Primary and secondary]’’ is
* * * * *
continues to read as follows:

TENNESSEE—1997 ANNUAL PM2.5 NAAQS
[Primary and secondary]

Designation a Classification
Designated area
Date 1 Type Date 2 Type

* * * * * * *
Knoxville, TN .................................................................................................... 8/29/2017 Attainment.
Anderson County ...................................................................................... ........................ Attainment.
Blount County ........................................................................................... ........................ Attainment.
Knox County ............................................................................................. ........................ Attainment.
Loudon County .......................................................................................... ........................ Attainment.
Roane County (part) ................................................................................. ........................ Attainment.
The area described by U.S. Census 2000 block group identifier 47–145–
0307–2.

* * * * * * *
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is 90 days after January 5, 2005, unless otherwise noted.
2 This date is July 2, 2014, unless otherwise noted.

* * * * * Street NW., Washington, DC 20405. Index for Urban Consumers (CPI–U) for
[FR Doc. 2017–18213 Filed 8–28–17; 8:45 am] Telephone Number 202–501–1460. the month of October for the year of the
BILLING CODE 6560–50–P
SUPPLEMENTARY INFORMATION: previous adjustment, and the October
2015 CPI–U. Annual inflation
I. The Debt Collection Improvement Act adjustments will be based on the
of 1996 percent change between the October
GENERAL SERVICES
To maintain the remedial impact of CPI–U preceding the date of adjustment
ADMINISTRATION
civil monetary penalties (CMPs) and to and the prior year’s October CPI–U.
41 CFR Part 105–70 promote compliance with the law, the II. The Program Fraud Civil Remedies
Federal Civil Penalties Inflation Act of 1986
[FPMR Case 2016–101–1; Docket No. 2016– Adjustment Act of 1990 (Pub. L. 101–
0009; Sequence No. 1] In 1986, sections 6103 and 6104 of the
410) was amended by the Debt Omnibus Budget Reconciliation Act of
RIN 3090–AJ70 Collection Improvement Act of 1996 1986 (Pub. L. 99–501) set forth the
(Pub. L. 104–134) to require Federal Program Fraud Civil Remedies Act of
Program Fraud Civil Remedies Act of agencies to regularly adjust certain 1986 (PFCRA). Specifically, this statute
1986, Civil Monetary Penalties Inflation CMPs for inflation and further amended imposes a CMP and an assessment
Adjustment by the Federal Civil Penalties Inflation against any person who, with
Adjustment Act Improvement Act of knowledge or reason to know, makes,
AGENCY: Office of General Counsel, 2015 (Sec. 701 of Pub. L. 114–74). As
General Services Administration. submits, or presents a false, fictitious, or
amended, the law requires each agency fraudulent claim or statement to the
ACTION: Final rule. to make an initial inflationary Government. The General Services
adjustment for all applicable CMPs, and Administration’s regulations, published
SUMMARY: In accordance with the
to make further adjustments at least in the Federal Register (61 FR 246,
Federal Civil Penalties Inflation once every year thereafter for these
Adjustment Act of 1990, as amended by December 20, 1996) and codified at 41
penalty amounts. The Debt Collection CFR part 105–70, set forth a CMP of up
the Debt Collection Improvement Act of Improvement Act of 1996 further
1996 and further amended by the to $5,500 for each false claim or
stipulates that any resulting increases in statement made to the agency. Based on
Federal Civil Penalties Inflation a CMP due to the calculated inflation
Adjustment Act Improvement Act of the penalty amount inflation factor
adjustments shall apply only to calculation, derived from dividing the
2015, this final rule incorporates the violations which occur after the date the
penalty inflation adjustments for the June 2015 CPI by the June 1996 CPI,
increase takes effect, i.e., thirty (30) days after rounding we are adjusting the
civil monetary penalties set forth in the after date of publication in the Federal maximum penalty amount for this CMP
jstallworth on DSKBBY8HB2PROD with RULES

United States Code, as codified in our Register. Pursuant to the 2015 Act,
regulations. to $10,781 per violation.
agencies are required to adjust the level
DATES: Effective: September 28, 2017. of the CMP with an initial ‘‘catch up’’, III. Waiver of Proposed Rulemaking
FOR FURTHER INFORMATION CONTACT: Mr. and make subsequent annual In developing this final rule, we are
Aaron Pound, Assistant General adjustments for inflation. Catch up waiving the usual notice of proposed
Counsel, General Law Division (LG), adjustments are based on the percent rulemaking and public comment
General Services Administration, 1800 F change between the Consumer Price procedures set forth in the

VerDate Sep<11>2014 15:04 Aug 28, 2017 Jkt 241001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\29AUR1.SGM 29AUR1

40958 Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Rules and Regulations

Administrative Procedure Act, 5 U.S.C. should have no effect on Federal or state DEPARTMENT OF COMMERCE
553 (APA). The APA provides an expenditures.
exception to the notice and comment National Telecommunications and
procedures when an agency finds there V. Regulatory Flexibility Act Information Administration
is good cause for dispensing with such The Administrator of General Services
procedures on the basis that they are 47 CFR Chapter V
certifies that this final rule will not have
impracticable, unnecessary or contrary a significant economic impact on a [Docket No. 151209999–7323–02]
to the public interest. We have
substantial number of small business RIN 0660–AA30
determined that under 5 U.S.C.
entities. While some penalties may have
553(b)(3)(B) good cause exists for
an impact on small business entities, it Scope of NTIA’s Authority Regarding
dispensing with the notice of proposed
rulemaking and public comment is the nature of the violation and not the FirstNet Fees
procedures for this rule. Specifically, size of the entity that will result in an
AGENCY: National Telecommunications
this rulemaking comports and is action by the agency, and the aggregate
and Information Administration, U.S.
consistent with the statutory authority economic impact of this rulemaking on
Department of Commerce.
set forth in the Debt Collection small business entities should be
ACTION: Final rule.
Improvement Act of 1996, with no minimal, affecting only those few who
issues of policy discretion. Accordingly, have engaged in prohibited conduct in SUMMARY: Congress authorized the First
we believe that opportunity for prior violation of statutory intent. Responder Network Authority
comment is unnecessary and contrary to VI. Paperwork Reduction Act (FirstNet), an independent authority
the public interest, and we are issuing within the National
these revised regulations as a final rule This final rule imposes no new Telecommunications and Information
that will apply to all future cases under reporting or recordkeeping requirements Administration (NTIA), to assess and
this authority. necessitating clearance by OMB. collect, among other funds, three
specific types of fees. By law, NTIA
IV. Executive Orders 12866 and 13563 List of Subject in 41 CFR Part 105–70 must review and approve these fees on
Executive Orders (E.O.s) 12866 and an annual basis. This final rule
Administrative hearing, Claims,
13563 direct agencies to assess all costs describes NTIA’s overarching scope,
Program fraud. boundaries, and guidelines for its
and benefits of available regulatory
alternatives and, if regulation is Dated: July 18, 2017. FirstNet fee review and approval
necessary, to select regulatory Timothy Horne, process as mandated by the Middle
approaches that maximize net benefits Acting Administrator of General Services. Class Tax Relief and Job Creation Act of
(including potential economic, 2012 (the Act).
environmental, public health and safety Accordingly, 41 CFR part 105–70 is DATES: Effective on August 29, 2017.
effects, distributive impacts, and amended as set forth below: FOR FURTHER INFORMATION CONTACT:
equity). E.O. 13563 emphasizes the Patrick Sullivan; Office of Public Safety
importance of quantifying both costs PART 105–70—IMPLEMENTATION OF
Communications; National
and benefits, of reducing costs, of THE PROGRAM FRAUD CIVIL
Telecommunications and Information
harmonizing rules, and of promoting REMEDIES ACT OF 1986 Administration; U.S. Department of
flexibility. This is a not significant Commerce; 1401 Constitution Avenue
regulatory action and, therefore, was not ■ 1. The authority citation for 41 CFR NW., Washington, DC 20230;
subject to review under Section 6(b) of part 105–70 continues to read as psullivan@ntia.doc.gov.
E.O. 12866, Regulatory Planning and follows: SUPPLEMENTARY INFORMATION:
Review, dated September 30, 1993. This
Authority: 40 U.S.C. 486(c); 31 U.S.C.
rule is not a major rule under 5 U.S.C. I. Background
3809.
804. The Act established FirstNet as an
The Office of Management and Budget § 105–70.003 [Amended] independent authority within NTIA
(OMB) has reviewed this final rule in charged with ensuring the building,
accordance with the provisions of E.O. ■ 2. Amend § 105–70.003 by—
deployment, and operation of an
12866 and has determined that it does ■ a. Removing from paragraph (a)(1)(iv) interoperable nationwide public safety
not meet the criteria for a significant the amount ‘‘5,500’’ and adding broadband network (Network).1 It also
regulatory action. As indicated above, ‘‘10,781’’ in its place; and requires FirstNet to be self-sustainable.2
the provisions contained in this final ■ b. Removing from paragraph (b)(1)(ii) The Act authorizes FirstNet to, among
rulemaking set forth the inflation other actions, assess and collect the
the amount ‘‘5,500’’ and adding
adjustments in compliance with the following specific fees: (1) Network user
‘‘10,781’’ in its place.
Debt Collection Improvement Act of fees, including user fees associated with
1996 for specific applicable CMPs. The [FR Doc. 2017–18274 Filed 8–28–17; 8:45 am]
state use of elements of the core
great majority of individuals, BILLING CODE 6820–81–P
network; (2) lease fees related to
organizations and entities addressed network capacity, pursuant to a covered
through these regulations do not engage leasing agreement; and (3) fees from
in such prohibited conduct, and as a entities seeking to access or use any
jstallworth on DSKBBY8HB2PROD with RULES

result, we believe that any aggregate equipment or infrastructure constructed
economic impact of these revised or otherwise owned by FirstNet.3 It
regulations will be minimal, affecting requires the total amount of these fees,
only those limited few who may engage
in prohibited conduct in violation of the 1 See 47 U.S.C. 1426(a)–(b)(1).
statute. As such, this final rule and the 2 See 47 U.S.C. 1428(b).
inflation adjustment contained therein 3 See 47 U.S.C. 1428(a); 47 U.S.C. 1442(f).

VerDate Sep<11>2014 15:04 Aug 28, 2017 Jkt 241001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\29AUR1.SGM 29AUR1

Document Created: 2017-08-29 01:58:23
Document Modified: 2017-08-29 01:58:23

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		Effective: September 28, 2017.
Contact		Mr. Aaron Pound, Assistant General Counsel, General Law Division (LG), General Services Administration, 1800 F Street NW., Washington, DC 20405. Telephone Number 202-501-1460.
FR Citation		82 FR 40957
RIN Number		3090-AJ70
CFR Associated		Administrative Hearing; Claims and Program Fraud