§ 3805. — Judicial review.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 31USC3805]
TITLE 31--MONEY AND FINANCE
SUBTITLE III--FINANCIAL MANAGEMENT
CHAPTER 38--ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS
Sec. 3805. Judicial review
(a)(1) A determination by a reviewing official under section 3803 of
this title shall be final and shall not be subject to judicial review.
(2) Unless a petition is filed under this section, a determination
under section 3803 of this title that a person is liable under section
3802 of this title shall be final and shall not be subject to judicial
review.
(b)(1)(A) Any person who has been determined to be liable under
section 3802 of this title pursuant to section 3803 of this title may
obtain review of such determination in--
(i) the United States district court for the district in which
such person resides or transacts business;
(ii) the United States district court for the district in which
the claim or statement upon which the determination of liability is
based was made, presented, or submitted; or
(iii) the United States District Court for the District of
Columbia.
(B) Such review may be obtained by filing in any such court a
written petition that such determination be modified or set aside. Such
petition shall be filed--
(i) only after such person has exhausted all administrative
remedies under this chapter; and
(ii) within 60 days after the date on which the authority head
sends such person a copy of the decision of such authority head
under section 3803(i)(2) of this title.
(2) The clerk of the court shall transmit a copy of a petition filed
under paragraph (1) of this subsection to the authority and to the
Attorney General. Upon receipt of the copy of such petition, the
authority shall transmit to the Attorney General the record in the
proceeding resulting in the determination of liability under section
3802 of this title. Except as otherwise provided in this section, the
district courts of the United States shall have jurisdiction to review
the decision, findings, and determinations in issue and to affirm,
modify, remand for further consideration, or set aside, in whole or in
part, the decision, findings, and determinations of the authority, and
to enforce such decision, findings, and determinations to the extent
that such decision, findings, and determinations are affirmed or
modified.
(c) The decisions, findings, and determinations of the authority
with respect to questions of fact shall be final and conclusive, and
shall not be set aside unless such decisions, findings, and
determinations are found by the court to be unsupported by substantial
evidence. In concluding whether the decisions, findings, and
determinations of an authority are unsupported by substantial evidence,
the court shall review the whole record or those parts of it cited by a
party, and due account shall be taken of the rule of prejudicial error.
(d) Any district court reviewing under this section the decision,
findings, and determinations of an authority shall not consider any
objection that was not raised in the hearing conducted pursuant to
section 3803(f) of this title unless a demonstration is made of
extraordinary circumstances causing the failure to raise the objection.
If any party demonstrates to the satisfaction of the court that
additional evidence not presented at such hearing is material and that
there were reasonable grounds for the failure to present such evidence
at such hearing, the court shall remand the matter to the authority for
consideration of such additional evidence.
(e) Upon a final determination by the district court that a person
is liable under section 3802 of this title, the court shall enter a
final judgment for the appropriate amount in favor of the United States.
(Added Pub. L. 99-509, title VI, Sec. 6103(a), Oct. 21, 1986, 100 Stat.
1944.)
Section Referred to in Other Sections
This section is referred to in sections 1352, 3803, 3806, 3807 of
this title.
