[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: 6CFR13.4]

[Page 55-56]
 
                       TITLE 6--HOMELAND SECURITY
 
   CHAPTER I--DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY
 
PART 13_PROGRAM FRAUD CIVIL REMEDIES--Table of Contents
 
Sec.  13.4  Investigation.

    (a) If an Investigating Official concludes that a subpoena pursuant 
to the Authority conferred by 31 U.S.C. 3804(a) is warranted:
    (1) The subpoena so issued will notify the Person to whom it is 
addressed of the Authority under which the subpoena is issued and will 
identify the records or Documents sought;
    (2) The Investigating Official may designate a Person to act on his 
or her behalf to receive the Documents sought; and
    (3) The Person receiving such subpoena will be required to tender to 
the

[[Page 56]]

Investigating Official or the Person designated to receive the Documents 
a certification that the Documents sought have been produced, or that 
such Documents are not available and the reasons therefore, or that such 
Documents, suitably identified, have been withheld based upon the 
assertion of an identified privilege.
    (b) If the Investigating Official concludes that an action under the 
Act may be warranted, the Investigating Official will submit a report 
containing the findings and conclusions of such investigation to the 
Reviewing Official.
    (c) Nothing in this section will preclude or limit an Investigating 
Official's discretion to refer allegations directly to the Department of 
Justice for suit under the False Claims Act or other civil relief, or to 
defer or postpone a report or referral to the Reviewing Official to 
avoid interference with a criminal investigation or prosecution.
    (d) Nothing in this section modifies any responsibility of an 
Investigating Official to report violations of criminal law to the 
Attorney General.