§ 3801. — Definitions.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 31USC3801]
TITLE 31--MONEY AND FINANCE
SUBTITLE III--FINANCIAL MANAGEMENT
CHAPTER 38--ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS
Sec. 3801. Definitions
(a) For purposes of this chapter--
(1) ``authority'' means--
(A) an executive department;
(B) a military department;
(C) an establishment (as such term is defined in section
11(2) of the Inspector General Act of 1978) which is not an
executive department; and
(D) the United States Postal Service;
(2) ``authority head'' means--
(A) the head of an authority; or
(B) an official or employee of the authority designated, in
regulations promulgated by the head of the authority, to act on
behalf of the head of the authority;
(3) ``claim'' means any request, demand, or submission--
(A) made to an authority for property, services, or money
(including money representing grants, loans, insurance, or
benefits);
(B) made to a recipient of property, services, or money from
an authority or to a party to a contract with an authority--
(i) for property or services if the United States--
(I) provided such property or services;
(II) provided any portion of the funds for the
purchase of such property or services; or
(III) 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--
(I) provided any portion of the money requested or
demanded; or
(II) will reimburse such recipient or party for any
portion of the money paid on such request or demand; or
(C) made to an authority which has the effect of decreasing
an obligation to pay or account for property, services, or
money,
except that such term does not include any claim made in any return
of tax imposed by the Internal Revenue Code of 1986;
(4) ``investigating official'' means an individual who--
(A)(i) in the case of an authority in which an Office of
Inspector General is established by the Inspector General Act of
1978 or by any other Federal law, is the Inspector General of
that authority or an officer or employee of such Office
designated by the Inspector General;
(ii) in the case of an authority in which an Office of
Inspector General is not established by the Inspector General
Act of 1978 or by any other Federal law, is an officer or
employee of the authority designated by the authority head to
conduct investigations under section 3803(a)(1) of this title;
or
(iii) in the case of a military department, is the Inspector
General of the Department of Defense or an officer or employee
of the Office of Inspector General of the Department of Defense
who is designated by the Inspector General; and
(B) who, if a member of the Armed Forces of the United
States on active duty, is serving in grade O-7 or above or, if a
civilian employee, is serving in a position for which the rate
of basic pay is not less than the minimum rate of basic pay for
grade GS-16 under the General Schedule;
(5) ``knows or has reason to know'', for purposes of
establishing liability under section 3802, means that a person, with
respect to a claim or statement--
(A) has actual knowledge that the claim or statement is
false, fictitious, or fraudulent;
(B) acts in deliberate ignorance of the truth or falsity of
the claim or statement; or
(C) acts in reckless disregard of the truth or falsity of
the claim or statement,
and no proof of specific intent to defraud is required;
(6) ``person'' means any individual, partnership, corporation,
association, or private organization;
(7) ``presiding officer'' means--
(A) in the case of an authority to which the provisions of
subchapter II of chapter 5 of title 5 apply, an administrative
law judge appointed in the authority pursuant to section 3105 of
such title or detailed to the authority pursuant to section 3344
of such title; or
(B) in the case of an authority to which the provisions of
such subchapter do not apply, an officer or employee of the
authority who--
(i) is selected under chapter 33 of title 5 pursuant to
the competitive examination process applicable to
administrative law judges;
(ii) is appointed by the authority head to conduct
hearings under section 3803 of this title;
(iii) is assigned to cases in rotation so far as
practicable;
(iv) may not perform duties inconsistent with the duties
and responsibilities of a presiding officer;
(v) is entitled to pay prescribed by the Office of
Personnel Management independently of ratings and
recommendations made by the authority and in accordance with
chapter 51 of such title and subchapter III of chapter 53 of
such title;
(vi) is not subject to performance appraisal pursuant to
chapter 43 of such title; and
(vii) may be removed, suspended, furloughed, or reduced
in grade or pay only for good cause established and
determined by the Merit Systems Protection Board on the
record after opportunity for hearing by such Board;
(8) ``reviewing official'' means any officer or employee of an
authority--
(A) who is designated by the authority head to make the
determination required under section 3803(a)(2) of this title;
(B) who, if a member of the Armed Forces of the United
States on active duty, is serving in grade O-7 or above or, if a
civilian employee, is serving in a position for which the rate
of basic pay is not less than the minimum rate of basic pay for
grade GS-16 under the General Schedule; and
(C) who is--
(i) not subject to supervision by, or required to report
to, the investigating official; and
(ii) not employed in the organizational unit of the
authority in which the investigating official is employed;
and
(9) ``statement'' means any representation, certification,
affirmation, document, record, or accounting or bookkeeping entry
made--
(A) with respect to a claim or to obtain the approval or
payment of a claim (including relating to eligibility to make a
claim); or
(B) with respect to (including relating to eligibility
for)--
(i) a contract with, or a bid or proposal for a contract
with; or
(ii) a grant, loan, or benefit from,
an 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,
except that such term does not include any statement made in any
return of tax imposed by the Internal Revenue Code of 1986.
(b) For purposes of paragraph (3) of subsection (a)--
(1) each voucher, invoice, claim form, or other individual
request or demand for property, services, or money constitutes a
separate claim;
(2) each claim for property, services, or money is subject to
this chapter regardless of whether such property, services, or money
is actually delivered or paid; and
(3) a claim shall be considered made, presented, or submitted to
an authority, recipient, or party when such claim is actually made
to an agent, fiscal intermediary, or other entity, including any
State or political subdivision thereof, acting for or on behalf of
such authority, recipient, or party.
(c) For purposes of paragraph (9) of subsection (a)--
(1) each written representation, certification, or affirmation
constitutes a separate statement; and
(2) a statement shall be considered made, presented, or
submitted to an authority when such statement is actually made to an
agent, fiscal intermediary, or other entity, including any State or
political subdivision thereof, acting for or on behalf of such
authority.
(Added Pub. L. 99-509, title VI, Sec. 6103(a), Oct. 21, 1986, 100 Stat.
1934; amended Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095;
Pub. L. 103-272, Sec. 4(f)(1)(Q), July 5, 1994, 108 Stat. 1362.)
References in Text
The Inspector General Act of 1978, referred to in subsec. (a)(1)(C),
(4)(A), is Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended,
which is set out in the Appendix to Title 5, Government Organization and
Employees.
The Internal Revenue Code of 1986, referred to in subsec. (a)(3),
(9), is classified generally to Title 26, Internal Revenue Code.
Amendments
1994--Subsec. (a)(7)(B)(ii). Pub. L. 103-272 substituted ``section
3803 of this title'' for ``section 3803 of such title''.
1986--Subsec. (a)(3), (9). Pub. L. 99-514 substituted ``Internal
Revenue Code of 1986'' for ``Internal Revenue Code of 1954''.
Effective Date
Section 6104 of subtitle B (Secs. 6101-6104) of title VI of Pub. L.
99-509 provided that: ``This subtitle and the amendments made by this
subtitle [see Short Title note below] shall take effect on the date of
enactment of this Act [Oct. 21, 1986], and shall apply to any claim or
statement made, presented, or submitted on or after such date.''
Short Title
Section 6101 of subtitle B (Secs. 6101-6104) of title VI of Pub. L.
99-509 provided that: ``This subtitle [enacting this chapter, amending
section 504 of Title 5, Government Organization and Employees, and
enacting provisions set out as notes under this section] may be cited as
the `Program Fraud Civil Remedies Act of 1986'.''
References in Other Laws to GS-16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 [title I,
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376
of Title 5.
Congressional Findings and Purposes
Section 6102 of subtitle B (Secs. 6101-6104) of title VI of Pub. L.
99-509 provided that:
``(a) Findings.--The Congress finds that--
``(1) false, fictitious, and fraudulent claims and statements in
Government programs are a serious problem;
``(2) false, fictitious, and fraudulent claims and statements in
Government programs result in the loss of millions of dollars
annually by allowing persons to receive Federal funds to which they
are not entitled;
``(3) false, fictitious, and fraudulent claims and statements in
Government programs undermine the integrity of such programs by
allowing ineligible persons to participate in such programs; and
``(4) present civil and criminal remedies for such claims and
statements are not sufficiently responsive.
``(b) Purposes.--The purposes of this subtitle [see Short Title note
above] are--
``(1) to provide Federal agencies which are the victims of
false, fictitious, and fraudulent claims and statements with an
administrative remedy to recompense such agencies for losses
resulting from such claims and statements, to permit administrative
proceedings to be brought against persons who make, present, or
submit such claims and statements, and to deter the making,
presenting, and submitting of such claims and statements in the
future; and
``(2) to provide due process protections to all persons who are
subject to the administrative adjudication of false, fictitious, or
fraudulent claims or statements.''
