31 U.S. Code § 3801 - Definitions

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(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;
(D) the United States Postal Service;
(E) the National Science Foundation; and
(F) a designated Federal entity (as such term is defined under section 8G(a)(2) of the Inspector General Act of 1978);
(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.

Source

(Added Pub. L. 99–509, title VI, § 6103(a),Oct. 21, 1986, 100 Stat. 1934; amended Pub. L. 99–514, § 2,Oct. 22, 1986, 100 Stat. 2095; Pub. L. 103–272, § 4(f)(1)(Q),July 5, 1994, 108 Stat. 1362; Pub. L. 110–69, title VII, § 7017,Aug. 9, 2007, 121 Stat. 684; Pub. L. 110–409, § 10,Oct. 14, 2008, 122 Stat. 4314.)
References in Text

The Inspector General Act of 1978, referred to in subsec. (a)(1)(C), (F), (4)(A), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, 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

2008—Subsec. (a)(1)(F). Pub. L. 110–409added subpar. (F).
2007—Subsec. (a)(1)(E). Pub. L. 110–69added subpar. (E).
1994—Subsec. (a)(7)(B)(ii). Pub. L. 103–272substituted “section 3803 of this title” for “section 3803 of such title”.
1986—Subsec. (a)(3), (9). Pub. L. 99–514substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
Effective Date

Pub. L. 99–509, title VI, subtitle B (§§ 6101–6104), § 6104,Oct. 21, 1986, 100 Stat. 1948, 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

Pub. L. 99–509, title VI, subtitle B (§§ 6101–6104), § 6101,Oct. 21, 1986, 100 Stat. 1934, 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, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
Congressional Findings and Purposes

Pub. L. 99–509, title VI, subtitle B (§§ 6101–6104), § 6102,Oct. 21, 1986, 100 Stat. 1934, 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.”

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013

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31 USCDescription of ChangeSession YearPublic LawStatutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


5 CFR - Administrative Personnel

5 CFR Part 185 - PROGRAM FRAUD CIVIL REMEDIES

6 CFR - Domestic Security

6 CFR Part 13 - PROGRAM FRAUD CIVIL REMEDIES

7 CFR - Agriculture

7 CFR Part 1 - ADMINISTRATIVE REGULATIONS

10 CFR - Energy

10 CFR Part 13 - PROGRAM FRAUD CIVIL REMEDIES

10 CFR Part 1013 - PROGRAM FRAUD CIVIL REMEDIES AND PROCEDURES

15 CFR - Commerce and Foreign Trade

15 CFR Part 25 - PROGRAM

22 CFR - Foreign Relations

22 CFR Part 35 - PROGRAM FRAUD CIVIL REMEDIES

22 CFR Part 224 - IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT

22 CFR Part 521 - IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT

24 CFR - Housing and Urban Development

24 CFR Part 28 - IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986

28 CFR - Judicial Administration

28 CFR Part 71 - IMPLEMENTATION OF THE PROVISIONS OF THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986

29 CFR - Labor

29 CFR Part 22 - PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986

31 CFR - Money and Finance: Treasury

31 CFR Part 16 - REGULATIONS IMPLEMENTING THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986

34 CFR - Education

34 CFR Part 33 - PROGRAM FRAUD CIVIL REMEDIES ACT

38 CFR - Pensions, Bonuses, and Veterans' Relief

38 CFR Part 42 - STANDARDS IMPLEMENTING THE PROGRAM FRAUD CIVIL REMEDIES ACT

39 CFR - Postal Service

39 CFR Part 273 - ADMINISTRATION OF PROGRAM FRAUD CIVIL REMEDIES ACT

39 CFR Part 962 - RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO THE PROGRAM FRAUD CIVIL REMEDIES ACT

40 CFR - Protection of Environment

40 CFR Part 27 - PROGRAM FRAUD CIVIL REMEDIES

43 CFR - Public Lands: Interior

43 CFR Part 35 - ADMINISTRATIVE REMEDIES FOR FRAUDULENT CLAIMS AND STATEMENTS

45 CFR - Public Welfare

45 CFR Part 79 - PROGRAM FRAUD CIVIL REMEDIES

45 CFR Part 681 - PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS

45 CFR Part 2554 - PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS

49 CFR - Transportation

49 CFR Part 31 - PROGRAM FRAUD CIVIL REMEDIES

 

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