[Code of Federal Regulations]
[Title 6, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 6CFR13.3]

[Page 54-55]
 
                       TITLE 6--HOMELAND SECURITY
 
   CHAPTER I--DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY
 
PART 13_PROGRAM FRAUD CIVIL REMEDIES--Table of Contents
 
Sec.  13.3  Basis for civil penalties and assessments.

    (a) Claims. (1) Except as provided in paragraph (c) of this section, 
a Person will be subject, in addition to any other remedy that may be 
prescribed by law, to a civil penalty of not more than $5,500 for each 
Claim (as adjusted in accordance with the Federal Civil Penalties 
Inflation Adjustment Act of 1990 (Public Law 101-140), as amended by the 
Debt Collection Improvement Act of 1996 (Public Law 104-134)) if such 
Person Makes a Claim that such Person Knows or Has Reason to Know:
    (i) Is false, fictitious, or fraudulent;

[[Page 55]]

    (ii) Includes or is supported by any written Statement that asserts 
a material fact that is false, fictitious, or fraudulent;
    (iii) Includes or is supported by any written Statement that:
    (A) Omits a material fact;
    (B) Is false, fictitious, or fraudulent as a result of such 
omission; and
    (C) Is a Statement in which the Person Making such Statement has a 
duty to include such material fact; or
    (iv) Is for payment for the provision of property or services that 
the Person has not provided as claimed.
    (2) Each voucher, invoice, Claim form, or other Individual request 
or demand for property, services, or money constitutes a separate Claim.
    (3) A Claim will be considered Made to the Authority, recipient, or 
party when such Claim is actually Made to an agent, fiscal intermediary, 
or other entity, including any State or political subdivision thereof, 
acting for or on behalf of the Authority, recipient, or party.
    (4) Each Claim for property, services, or money is subject to a 
civil penalty regardless of whether such property, services, or money is 
actually delivered or paid.
    (5) If the Government has Made any payment (including transferred 
property or provided services) on a Claim, a Person subject to a civil 
penalty under paragraph (a)(1) of this section will also be subject to 
an assessment of not more than twice the amount of such Claim or that 
portion thereof that is determined to be in violation of paragraph 
(a)(1) of this section. Such assessment will be in lieu of damages 
sustained by the Government because of such Claim.
    (b) Statements. (1) Except as provided in paragraph (c) of this 
section, a Person will be subject, in addition to any other remedy that 
may be prescribed by law, to a civil penalty of not more than $5,500 (as 
adjusted in accordance with the Federal Civil Penalties Inflation 
Adjustment Act of 1990 (Public Law 101-140), as amended by the Debt 
Collection Improvement Act of 1996 (Public Law 104-134)) if such Person 
Makes a written Statement that:
    (i) The Person Knows or Has Reason to Know:
    (A) Asserts a material fact that is false, fictitious, or 
fraudulent; or
    (B) Is false, fictitious, or fraudulent because it omits a material 
fact that the Person Making the Statement has a duty to include in such 
Statement; and
    (ii) Contains, or is accompanied by, an express certification or 
affirmation of the truthfulness and accuracy of the contents of the 
Statement.
    (2) Each written representation, certification, or affirmation 
constitutes a separate Statement.
    (3) A Statement will be considered Made to the Authority when such 
Statement is actually Made to an agent, fiscal intermediary, or other 
entity, including any State or political subdivision thereof, acting for 
or on behalf of the Authority.
    (c) Specific intent not required. No proof of specific intent to 
defraud is required to establish liability under this section.
    (d) More than one Person liable. (1) In any case in which it is 
determined that more than one Person is liable for Making a Claim or 
Statement under this section, each such Person may be held liable for a 
civil penalty under this section.
    (2) In any case in which it is determined that more than one Person 
is liable for Making a Claim under this section on which the Government 
has Made payment (including transferred property or provided services), 
an assessment may be imposed against any such Person or jointly and 
severally against any combination of such Persons.