31 U.S. Code § 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.

Source

(Added Pub. L. 99–509, title VI, § 6103(a),Oct. 21, 1986, 100 Stat. 1937.)

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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