SUPPLEMENTARY INFORMATION:

Section 701 of the Bipartisan Budget Act of 2015, Public Law 114-74 (Nov. 2, 2015), entitled the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act), amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note) (Inflation Adjustment Act) to require agencies to publish regulations adjusting the amount of civil monetary penalties provided by law within the jurisdiction of the agency not later than January 15th of every year.

For the 2021 annual adjustment for inflation of the maximum civil penalty under the Program Fraud Civil Remedies Act of 1986, the Board applies the formula provided by the 2015 Act and the Board's regulations at Title 20, Code of Federal Regulations, Part 356. In accordance with the 2015 Act, the amount of the adjustment is based on the percent increase between the Consumer Price Index (CPI-U) for the month of October preceding the date of the adjustment and the CPI-U for the October one year prior to the October immediately preceding the date of the adjustment. If there is no increase, there is no adjustment of civil penalties. The percent increase between the CPI-U for October 2020 and October 2019, as provided by Office of Management and Budget Memorandum M-21-10 (December 23, 2020) is 1.01182 percent. Therefore, the new maximum penalty under the Program Fraud Civil Remedies Act is $11,803 (the 2020 maximum penalty of $11,665 multiplied by 1.01182, rounded to the nearest dollar). The new minimum penalty under the False Claims Act is $11,803 (the 2020 minimum penalty of $11,665 multiplied by 1.01182, rounded to the nearest dollar), and the new maximum penalty is $23,607 (the 2020 maximum penalty of $23,331 multiplied by 1.01182, rounded to the nearest dollar). The adjustments in penalties will be effective January 11, 2021.