DHS issues interim rule establishing uniform administrative procedures for implementing the program fraud civil remedies act of 1986.

DHS has issued an interim rule that will provide a uniform, department-wide administrative process for assessing civil penalties and recovering funds that were procured by fraud under departmental programs. The interim rule replaces the existing program fraud civil remedies rules of eight departments and the GSA and establishes civil administrative procedures to deal with fraud under the Federal Emergency Management Agency ("FEMA") programs. Prior to the publication of this interim rule, most of the transferred entities followed the rules from their legacy department, as DHS was formed in large part by transferring entities from other federal departments into DHS. This interim rule will also implement the Program Fraud Civil Remedies Act of 1986. (31 U.S.C. §§ 3801-3812). Pursuant to the Program Fraud Civil Remedies Act, any person who knowingly submits a false claim or false statement to any of the specified federal agencies, including DHS, is liable for a penalty of up to $5,000 per claim or statement. Additionally, if a false claim is filed, the agency notes that the offending individual may be civilly liable for damages up to twice the amount of the claim in question. This rule became effective October 12, 2005. Comments were due by November 14, 2005. (70 Fed. Reg. 59209, 10/12/05)