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Section 813 of the BBA establishes civil monetary penalties in section 1129 of the Social Security Act against individuals in a position of trust that make false statements, misrepresentations, or omissions in connection with obtaining or retaining SSA benefits or payments. Section 813 also establishes a new felony for conspiracy to commit Social Security fraud, and increases felony penalties for individuals in positions of trust who defraud the SSA.

Statement of Need:

Upon enactment of the BBA on November 2, 2015, civil monetary penalties for individuals in a position of trust took effect immediately.  Imposing penalties against individuals in a position of trust assists in deterring fraud and maintaining the integrity of SSA’s disability programs. The regulations at 20 CFR 498 should be updated to reflect the BBA’s provisions.

Summary of the Legal Basis:

Section 813 of the Bipartisan Budget Act of 2015

Alternatives:

Anticipated Costs and Benefits:

SSA projects no anticipated costs on the public with completing this regulatory action. Costs for the agency are as yet undetermined, but are expected to be mostly administrative in nature. Benefits include strengthening our civil monetary assessment processes.

Risks:

No risk is anticipated since this regulatory action reflects statutory requirements and authority.