Understanding the False Claims Act (FCA) and Whistleblower Protections

TheFalse Claims Act (FCA)(31 U.S.C. §§ 3729–3733) is aU.S. federal lawthat allowswhistleblowers (also known as " relators " )to sue on behalf of the federal government if they believe a company issubmitting fraudulent claimsfor government funds.

The FCA includes a " qui tam " provision, which:

✅Allows private individuals to file lawsuits on behalf of the U.S. government.

✅Provides financial rewards to whistleblowersif the lawsuit results in recovered funds.

✅Protects whistleblowers from employer retaliation.

In the context ofCMMC and cybersecurity compliance, theFCA has been used to hold companies accountableformisrepresenting their cybersecurity compliancewhen working with federal contracts.

For example:

If a companyfalsely claimscompliance withCMMC, NIST SP 800-171, or DFARS 252.204-7012butfails to meet security requirements, it could beliable under the FCA.

TheDepartment of Justice (DOJ)has pursued cases under theCyber-Fraud Initiative, using theFCA against defense contractorsfor cybersecurity noncompliance.

Thus, the correct answer isC. False Claims Actbecause it specifically allows whistleblowers tosue on behalf of the federal government.

Why the Other Answers Are Incorrect

A. NIST SP 800-53

❌Incorrect.NIST SP 800-53provides security controls for federal agencies butdoes notcontain whistleblower provisions.

B. NIST SP 800-171

❌Incorrect.NIST SP 800-171outlines security requirements for protectingCUI, but itdoes not have legal mechanismsfor whistleblower lawsuits.

D. Code of Professional Conduct

❌Incorrect. TheCMMC Code of Professional Conductapplies toC3PAOs and assessorsbut doesnot provide a legal basis for whistleblower lawsuits.

CMMC Official References

False Claims Act (31 U.S.C. §§ 3729–3733)– Establishes whistleblower protections and qui tam lawsuits.

DOJ Cyber-Fraud Initiative– Uses the FCA to enforce cybersecurity compliance in government contracts.

DFARS 252.204-7012 & CMMC– Require accurate reporting of cybersecurity compliance, which can lead to FCA violations if misrepresented.

Thus,option C (False Claims Act) is the correct answeras per official legal guidance.