Cyber AB CMMC-CCP Online Access

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.

TheCMMC Scoping Guide for Level 2outlines thatCUI assetsinclude systems, applications, and services thatstore, process, or transmitControlled Unclassified Information (CUI). These are the three core functions that defineCUI handlingwithin anOrganization Seeking Certification (OSC).

Step-by-Step Breakdown:

✅1. CUI Assets Defined in CMMC

Stored:CUI is saved on hard drives, cloud storage, or databases.

Processed:CUI is actively used, modified, or analyzed by applications and users.

Transmitted:CUI is sent between systems via email, file transfers, or network communication.

✅2. Why the Other Answer Choices Are Incorrect:

(A) Received and transferred❌

Whilereceiving and transferring CUIis part of handling CUI, it does not fully cover all CUI asset responsibilities.

(C) Entered, edited, manipulated, printed, and viewed❌

These arespecific actionswithinprocessingbut do not coverstorage or transmission, which are also required for CMMC scoping.

(D) Located on electronic media, on system component memory, and on paper❌

While CUI can exist inelectronic and physical forms, CMMC scoping focuses onhow CUI is actively managed (stored, processed, transmitted)rather than where it physically resides.

Final Validation from CMMC Documentation:

TheCMMC Level 2 Scoping Guideconfirms thatCUI Assets are categorized based on their role in storing, processing, or transmitting CUI.

NIST SP 800-171also defines these three functions as key components of CUI protection.

Step 1: Understanding CMMC Level 1 Self-Assessment Scope

CMMC Level 1applies toFederal Contract Information (FCI)systems.

Any system or device that is connected to an FCI-handling network is within the assessment scopebecause it canintroduce vulnerabilitiesinto the environment.

Step 2: Why the Thermostat is in Scope

TheWi-Fi-enabled thermostat is connected to the FCI network, meaning it haspotential accessto sensitive contract-related data.

PerCMMC Scoping Guidance, this type of device is classified as aRestricted Information System (Restricted IS)—devices that do not store, process, or transmit FCI but areconnected to networks that do.

Restricted IS must be accounted for in the self-assessment scope to ensure they do not compromise security controls.

Theprimary goal of CMMC assessment proceduresis to determine whether anOrganization Seeking Certification (OSC)complies with the cybersecurity controls required for its certification level. Themost common purpose of assessment procedures is to obtain evidencethat verifies an organization has properly implemented security practices.

Why " A. Obtain Evidence " is Correct?

CMMC Assessments Require Evidence Collection

TheCMMC Assessment Process (CAP) Guideoutlines that assessors must use three methods to verify compliance:

Examine– Reviewing documentation, policies, and system configurations.

Interview– Speaking with personnel to confirm understanding and execution.

Test– Validating controls through operational or technical tests.

All these methods involve obtaining evidenceto support whether a security requirement has been met.

Alignment with NIST SP 800-171A

CMMC Level 2 assessments follow NIST SP 800-171A, which is designed for evidence-based verification.

Assessors rely on documented artifacts, system logs, configurations, and personnel testimony as evidence of compliance.

Why Other Answers Are Incorrect?

B. Define level of effort (Incorrect)

Thelevel of effortrefers to the time and resources needed for an assessment, but this is aplanningactivity, not the primary goal of an assessment.

C. Determine information flow (Incorrect)

While understandinginformation flowis important for security controls likedata protection and access control, themain purpose of an assessment is to gather evidence—not to determine information flow itself.

D. Determine value of hardware and software (Incorrect)

Asset valuation may be part of an organization’s risk management process, but CMMC assessmentsdo not focus on determining hardware or software value.

Conclusion

The correct answer isA. Obtain evidence, as theCMMC assessment process is evidence-drivento verify compliance with security controls.