Administrative False Claims and Procedures
Key claim: The Department of Energy finalizes updates to its Program Fraud Civil Remedies Act regulations to reflect the Administrative False Claims Act of 2023, raising the maximum claim ceiling to $1 million, allowing reverse false claims, and extending the statute of limitations.
Abstract
(Rule · Energy Department) DOE publishes this final rule to revise its regulations issued under the Program Fraud Civil Remedies Act of 1986 (“PFCRA”), amended by the Administrative False Claims Act of 2023 (“the AFCA”). The AFCA, formerly PFCRA, pertains to the Federal Government’s ability to combat fraud involving Federal funds by allowing for the imposition of civil penalties and assessments against persons who make, submit, or present, or cause to be made, submitted, or presented, false, fictitious, or fraudulent claims or written statements to the government. The final rule updates DOE regulations to reflect recent amendments to the statute. The updates reflect the new title; increase the maximum amount for claims from $150,000 to $1 million; allow for reverse false claims; define new terms; extend the statute of limitations for bringing claims; require DOE to notify the Attorney General before settlement of allegations; and establish a process for crediting recovered costs. Under the statute, the heads of executive agencies, including the Secretary of Energy, are required to promulgate regulations and procedures to carry out the statute. The statute also requires the heads of executive agencies to review and update existing agency regulations to ensure compliance with the AFCA.
Why this matters
The Department of Energy finalizes updates to its Program Fraud Civil Remedies Act regulations to reflect the Administrative False Claims Act of 2023, raising the maximum claim ceiling to $1 million, allowing reverse false claims, and extending the statute of limitations.