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Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations A Provided such property or services;
B Provided any portion of the funds for the purchase of such property or services; or C Will reimburse such recipient or party for the purchase of such property or services; or ii For the payment of money including money representing grants, loans, insurance, or benefits if the United States A Provided any portion of the money requested or demanded; or B Will reimburse such recipient or party for any portion of the money paid on such request or demand.
Complaint means the administrative complaint that the reviewing official serves on the defendant under 1174.8.
Defendant means any person alleged in a complaint to be liable for a civil penalty or assessment pursuant to the PFCRA.
Government means the United States Government.
Individual means a natural person.
Initial decision means the written decision of the ALJ under 1174.33, and includes a revised initial decision issued following a remand or a motion for reconsideration.
Knows or has reason to know means that a person, with respect to a claim or statement 1 Has actual knowledge that the claim or statement is false, fictitious, or fraudulent;
2 Acts in deliberate ignorance of the truth or falsity of the claim or statement;
or 3 Acts in reckless disregard of the truth or falsity of the claim or statement;
and no proof of specific intent to defraud is required.
Makes shall include the terms presents, submits, and causes to be made, presented, or submitted. As the context requires, making or made shall likewise include the corresponding forms of such terms.
Person means any individual, partnership, corporation, association, or private organization, and includes the plural of that term.
Representative means an attorney who is in good standing of the bar of any State, Territory, or possession of the United States, or the District of Columbia, or the Commonwealth of Puerto Rico, or any other individual who the defendant designates in writing.
Reviewing official means the NEH
General Counsel or the General Counsels designee.
Statement means any representation, certification, affirmation, document, record, or accounting or bookkeeping entry that a person makes
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1 With respect to a claim or eligibility to make a claim or to obtain the approval or payment of a claim; or 2 With respect to or with respect to eligibility for i A contract with, or a bid or proposal for a contract with, or ii A grant, loan, or benefit from, the authority, or any State, political subdivision of a State, or other party, if the United States Government provides any portion of the money or property under such contract or for such grant, loan, or benefit, or if the Government will reimburse such State, political subdivision, or party for any portion of the money or property under such contract or for such grant, loan, or benefit.
1174.3 Basis for civil penalties and assessments.

a Claims. 1 Any person shall be subject, in addition to any other remedy that may be prescribed by law, to a civil penalty of not more than $11,803 for each claim that person makes that the person knows or has reason to know i Is false, fictitious, or fraudulent;
ii Includes or is supported by any written statement which asserts a material fact which 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 which 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 shall be considered made to the authority, recipient, or party when such a claim is actually made to an agent, fiscal intermediary, or other entity, including any State or political subdivision of a State, acting for or on behalf of the authority.
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 on a claim, a person subject to a civil penalty under paragraph a1 of this section may also be subject to an assessment of not more than twice the amount of that claim or the portion thereof that violates paragraph a1 of this section. Such assessment shall be in lieu of damages that the Government sustained because of such a claim.

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b Statements. 1 Any person shall be subject, in addition to any other remedy prescribed by law, to a civil penalty of not more than $11,803 for each written statement that person makes that the person knows or has reason to know i Asserts a material fact which is false, fictitious or fraudulent; or ii Is false, fictitious, or fraudulent because it omits a material fact that the person making the statement has a duty to include in such a statement; and iii Contains or is accompanied by an express certification or affirmation of the truthfulness and accuracy of the statements contents.
2 A person will only be subject to a civil penalty under paragraph b1 of this section if the written statement made by the person contains or is accompanied by an express certification or affirmation of the truthfulness and accuracy of the statements contents.
3 Each written representation, certification, or affirmation constitutes a separate statement.
4 A statement shall be considered made to the authority when it is actually made to an agent, fiscal intermediary, or other entity, including any State or political subdivision of a State, acting for or on behalf of the authority.
c Proof of specific intent to defraud is not required to establish liability under this section.
d In any case in which more than one person is liable for making a false, fictitious, or fraudulent claim or statement under this section, each person may be held liable for a civil penalty and assessment.
e In any case in which more than one person is liable for making a claim under this section on which the Government has made payment, the authority may impose an assessment against any such person or jointly and severally against any combination of persons.
f The authority will annually adjust for inflation the maximum amount of the civil penalties described in this section, and will publish a document in the Federal Register containing the new maximum amount no later than January 15 of each year.
Subpart BProcedures Leading to Issuance of a Complaint 1174.4

Who investigates program fraud.

The Inspector General, or his or her designee, is the investigating official responsible for investigating allegations that a person has made a false claim or statement. In this regard, the Inspector General has authority under the PFCRA
and the Inspector General Act of 1978,
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