§ 3802. — False claims and statements; liability.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 31USC3802]
TITLE 31--MONEY AND FINANCE
SUBTITLE III--FINANCIAL MANAGEMENT
CHAPTER 38--ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS
Sec. 3802. False claims and statements; liability
(a)(1) Any person who makes, presents, or submits, or causes to be
made, presented, or submitted, a claim that the person knows or has
reason to know--
(A) is false, fictitious, or fraudulent;
(B) includes or is supported by any written statement which
asserts a material fact which is false, fictitious, or fraudulent;
(C) includes or is supported by any written statement that--
(i) omits a material fact;
(ii) is false, fictitious, or fraudulent as a result of such
omission; and
(iii) is a statement in which the person making, presenting,
or submitting such statement has a duty to include such material
fact; or
(D) is for payment for the provision of property or services
which the person has not provided as claimed,
shall be subject to, in addition to any other remedy that may be
prescribed by law, a civil penalty of not more than $5,000 for each such
claim. Except as provided in paragraph (3) of this subsection, such
person shall also be subject to an assessment, in lieu of damages
sustained by the United States because of such claim, of not more than
twice the amount of such claim, or the portion of such claim, which is
determined under this chapter to be in violation of the preceding
sentence.
(2) Any person who makes, presents, or submits, or causes to be
made, presented, or submitted, a written statement that--
(A) the person knows or has reason to know--
(i) asserts a material fact which is false, fictitious, or
fraudulent; or
(ii)(I) omits a material fact; and
(II) is false, fictitious, or fraudulent as a result of such
omission;
(B) in the case of a statement described in clause (ii) of
subparagraph (A), is a statement in which the person making,
presenting, or submitting such statement has a duty to include such
material fact; and
(C) contains or is accompanied by an express certification or
affirmation of the truthfulness and accuracy of the contents of the
statement,
shall be subject to, in addition to any other remedy that may be
prescribed by law, a civil penalty of not more than $5,000 for each such
statement.
(3) An assessment shall not be made under the second sentence of
paragraph (1) with respect to a claim if payment by the Government has
not been made on such claim.
(b)(1) Except as provided in paragraphs (2) and (3) of this
subsection--
(A) a determination under section 3803(a)(2) of this title that
there is adequate evidence to believe that a person is liable under
subsection (a) of this section; or
(B) a determination under section 3803 of this title that a
person is liable under subsection (a) of this section,
may provide the authority with grounds for commencing any administrative
or contractual action against such person which is authorized by law and
which is in addition to any action against such person under this
chapter.
(2) A determination referred to in paragraph (1) of this subsection
may be used by the authority, but shall not require such authority, to
commence any administrative or contractual action which is authorized by
law.
(3) In the case of an administrative or contractual action to
suspend or debar any person who is eligible to enter into contracts with
the Federal Government, a determination referred to in paragraph (1) of
this subsection shall not be considered as a conclusive determination of
such person's responsibility pursuant to Federal procurement laws and
regulations.
(Added Pub. L. 99-509, title VI, Sec. 6103(a), Oct. 21, 1986, 100 Stat.
1937.)
Section Referred to in Other Sections
This section is referred to in sections 3801, 3803, 3805 of this
title.
