Notice on Penalty Inflation Adjustments for Civil Monetary Penalties, 360 [2019-00091]

Agencies

• Social Security Administration

[Federal Register Volume 84, Number 16 (Thursday, January 24, 2019)]
[Notices]
[Page 360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00091]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2018-0070]


Notice on Penalty Inflation Adjustments for Civil Monetary 
Penalties

AGENCY: Social Security Administration.

ACTION: Notice announcing updated penalty inflation adjustments for 
civil monetary penalties for 2019.

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SUMMARY: The Social Security Administration is giving notice of its 
updated maximum civil monetary penalties. These amounts are effective 
from January 15, 2019 through January 14, 2020. These figures represent 
an annual adjustment for inflation. The updated figures and 
notification are required by the Federal Civil Penalties Inflation 
Adjustment Act Improvements Act of 2015 (the 2015 Act).

FOR FURTHER INFORMATION CONTACT: Joseph E. Gangloff, Chief Counsel to 
the Inspector General, Room 3-ME-1, 6401 Security Boulevard, Baltimore, 
MD 21235-6401, 410-965-4555. For information on eligibility or filing 
for benefits, call the Social Security Administration's national toll-
free number, 1-800-772-1213 or TTY 1-800-325-0778, or visit the Social 
Security Administration's internet site, Social Security Online, at 
https://www.socialsecurity.gov.

SUPPLEMENTARY INFORMATION: On June 27, 2016, pursuant to the Federal 
Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 
2015 Act),\1\ we published an interim final rule to adjust the level of 
civil monetary penalties (CMP) under sections 1129 and 1140 of the 
Social Security Act, 42 U.S.C. 1320a-8 and 1320b-10, with an initial 
``catch-up'' adjustment effective August 1, 2016.\2\ We announced in 
the interim final rule that for any future adjustments, we would 
publish a notice in the Federal Register to announce the new amounts. 
The annual inflation adjustment in subsequent years must be a cost-of-
living adjustment based on any increases in the October Consumer Price 
Index for All Urban Consumers (CPI-U) (not seasonally adjusted) each 
year.\3\ Inflation adjustment increases must be rounded to the nearest 
multiple of $1.\4\ We last updated the maximum penalty amounts 
effective January 15, 2018.\5\ Based on Office of Management and Budget 
(OMB) guidance, the information below serves as public notice of the 
new maximum penalty amounts for 2019. The adjustment results in the 
following new maximum penalties, which will be effective as of January 
15, 2019.
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    \1\ See https://www.congress.gov/bill/114th-congress/house-bill/1314/text. See also https://www.federalregister.gov/documents/2016/06/27/2016-13241/penalty-inflation-adjustments-for-civil-money-penalties.
    \2\ https://www.federalregister.gov/documents/2016/06/27/2016-13241/penalty-inflation-adjustments-for-civil-money-penalties.
    \3\ See OMB Memorandum, Implementation of the Federal Civil 
Penalties Inflation Adjustment Act Improvements Act of 2015, M-16-
06, p. 1 (February 24, 2016), https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2016/m-16-06.pdf. See also 
https://www.federalregister.gov/documents/2016/06/27/2016-13241/penalty-inflation-adjustments-for-civil-money-penalties.
    \4\ OMB Memorandum, Implementation of the Federal Civil 
Penalties Inflation Adjustment Act Improvements Act of 2015, M-16-
06, p. 3 (February 24, 2016), https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2016/m-16-06.pdf. See also 
https://www.federalregister.gov/documents/2016/06/27/2016-13241/penalty-inflation-adjustments-for-civil-money-penalties.
    \5\ See https://www.federalregister.gov/documents/2018/01/12/2018-00487/penalty-inflation-adjustments-for-civil-monetary-penalties.
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Section 1129 CMPs (42 U.S.C. 1320a-8)

    $7,779.00 (current maximum per violation for fraud facilitators in 
a position of trust) x 1.02522 (OMB-issued inflationary adjustment 
multiplier) = $7,975.19. When rounded to the nearest dollar, the new 
maximum penalty is $7,975.00.
    $8,249.00 (current maximum per violation for all other violators) x 
1.02522 (OMB-issued inflationary adjustment multiplier) = $8,457.04. 
When rounded to the nearest dollar, the new maximum penalty is 
$8,457.00.

Section 1140 CMPs (42 U.S.C. 1320b-10)

    $10,260.00 (current maximum per violation for all violations other 
than broadcast or telecasts) x 1.02522 (OMB-issued inflationary 
adjustment multiplier) = $10,518.76. When rounded to the nearest 
dollar, the new maximum penalty is $10,519.00.
    $51,302.00 (current maximum per broadcast or telecast) x 1.02522 
(OMB-issued inflationary adjustment multiplier) = $52,595.84. When 
rounded to the nearest dollar, the new maximum penalty is $52,596.00.

    Dated: January 10, 2019.
Gale Stallworth Stone,
Acting Inspector General of Social Security.
[FR Doc. 2019-00091 Filed 1-23-19; 8:45 am]
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