such insurance or guaranty, the Government will not be considered to have sustained damages because of such false or fraudulent record, statement, or claim to the extent that either the loan would have been eligible for insurance or guaranty or the claim would have been eligible for payment under the applicable government program, even if a false or fraudulent record or statement had not been made or even if the loan would have been eligible if overpaid. (4) A false or fraudulent record or statement is material to a false or fraudulent claim only if the submission of such record or statement or its related information to the Government— (A) is expressly required by the Government program requirements, including loan level certification, implied certifications, and sub-regulatory guidance, as part of the eligibility criteria for the Government’s issuance of the applicable insurance or guaranty policy