---
kind: "range"
citation: "31 U.S.C. §§ 3730–3732"
title: "31"
from: "3730"
to: "3732"
count: 3
release: "119-102"
url: "https://uscodex.org/usc/31/3730..3732"
---

# §3730. Civil actions for false claims

- (a) **Responsibilities of the Attorney General.—** The Attorney General diligently shall investigate a violation under [section 3729](/usc/31/3729.md). If the Attorney General finds that a [person](/usc/31/3701.md?p=c) has violated or is violating [section 3729](/usc/31/3729.md), the Attorney General may bring a civil action under this section against the [person](/usc/31/3701.md?p=c).
- (b) **Actions by Private Persons.—**
  - (1) A [person](/usc/31/3701.md?p=c) may bring a civil action for a violation of [section 3729](/usc/31/3729.md) for the [person](/usc/31/3701.md?p=c) and for the United States Government. The action shall be brought in the name of the Government. The action may be dismissed only if the court and the Attorney General give written consent to the dismissal and their reasons for consenting.
  - (2) A copy of the complaint and written disclosure of substantially all [material](/usc/31/3801.md?p=a-10) evidence and information the [person](/usc/31/3701.md?p=c) possesses shall be served on the Government pursuant to Rule 4(d)(4)[^1] of the Federal Rules of Civil Procedure. The complaint shall be filed in camera, shall remain under seal for at least 60 days, and shall not be served on the defendant until the court so orders. The Government may elect to intervene and proceed with the action within 60 days after it receives both the complaint and the [material](/usc/31/3801.md?p=a-10) evidence and information.
  - (3) The Government may, for good cause shown, move the court for extensions of the time during which the complaint remains under seal under [paragraph (2)](#b-2). Any such motions may be supported by affidavits or other submissions in camera. The defendant shall not be required to respond to any complaint filed under this section until 20 days after the complaint is unsealed and served upon the defendant pursuant to [Rule 4](/usc/28a/civil-4.md) of the Federal Rules of Civil Procedure.
  - (4) Before the expiration of the 60-day period or any extensions obtained under [paragraph (3)](#b-3), the Government shall—
    - (A) proceed with the action, in which case the action shall be conducted by the Government; or
    - (B) notify the court that it declines to take over the action, in which case the [person](/usc/31/3701.md?p=c) bringing the action shall have the right to conduct the action.
  - (5) When a [person](/usc/31/3701.md?p=c) brings an action under this subsection, no [person](/usc/31/3701.md?p=c) other than the Government may intervene or bring a related action based on the facts underlying the pending action.
- (c) **Rights of the Parties to Qui Tam Actions.—**
  - (1) If the Government proceeds with the action, it shall have the primary responsibility for prosecuting the action, and shall not be bound by an act of the [person](/usc/31/3701.md?p=c) bringing the action. Such [person](/usc/31/3701.md?p=c) shall have the right to continue as a party to the action, subject to the limitations set forth in [paragraph (2)](#c-2).
  - (2)
    - (A) The Government may dismiss the action notwithstanding the objections of the [person](/usc/31/3701.md?p=c) initiating the action if the [person](/usc/31/3701.md?p=c) has been notified by the Government of the filing of the motion and the court has provided the [person](/usc/31/3701.md?p=c) with an opportunity for a hearing on the motion.
    - (B) The Government may settle the action with the defendant notwithstanding the objections of the [person](/usc/31/3701.md?p=c) initiating the action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. Upon a showing of good cause, such hearing may be held in camera.
    - (C) Upon a showing by the Government that unrestricted participation during the course of the litigation by the [person](/usc/31/3701.md?p=c) initiating the action would interfere with or unduly delay the Government’s prosecution of the case, or would be repetitious, irrelevant, or for purposes of harassment, the court may, in its discretion, impose limitations on the [person](/usc/31/3701.md?p=c)’s participation, such as—
      - (i) limiting the number of witnesses the [person](/usc/31/3701.md?p=c) may call;
      - (ii) limiting the length of the testimony of such witnesses;
      - (iii) limiting the [person](/usc/31/3701.md?p=c)’s cross-examination of witnesses; or
      - (iv) otherwise limiting the participation by the [person](/usc/31/3701.md?p=c) in the litigation.
    - (D) Upon a showing by the defendant that unrestricted participation during the course of the litigation by the [person](/usc/31/3701.md?p=c) initiating the action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the [person](/usc/31/3701.md?p=c) in the litigation.
  - (3) If the Government elects not to proceed with the action, the [person](/usc/31/3701.md?p=c) who initiated the action shall have the right to conduct the action. If the Government so requests, it shall be served with copies of all pleadings filed in the action and shall be supplied with copies of all deposition transcripts (at the Government’s expense). When a [person](/usc/31/3701.md?p=c) proceeds with the action, the court, without limiting the status and rights of the [person](/usc/31/3701.md?p=c) initiating the action, may nevertheless permit the Government to intervene at a later date upon a showing of good cause.
  - (4) Whether or not the Government proceeds with the action, upon a showing by the Government that certain actions of discovery by the [person](/usc/31/3701.md?p=c) initiating the action would interfere with the Government’s investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay such discovery for a period of not more than 60 days. Such a showing shall be conducted in camera. The court may extend the 60-day period upon a further showing in camera that the Government has pursued the criminal or civil investigation or proceedings with reasonable diligence and any proposed discovery in the civil action will interfere with the ongoing criminal or civil investigation or proceedings.
  - (5) Notwithstanding [subsection (b)](#b), the Government may elect to pursue its [claim](/usc/31/3701.md?p=b-2) through any alternate remedy available to the Government, including any administrative proceeding to determine a civil money penalty. If any such alternate remedy is pursued in another proceeding, the [person](/usc/31/3701.md?p=c) initiating the action shall have the same rights in such proceeding as such [person](/usc/31/3701.md?p=c) would have had if the action had continued under this section. Any finding of fact or conclusion of law made in such other proceeding that has become final shall be conclusive on all parties to an action under this section. For purposes of the preceding sentence, a finding or conclusion is final if it has been finally determined on appeal to the appropriate court of the United States, if all time for filing such an appeal with respect to the finding or conclusion has expired, or if the finding or conclusion is not subject to judicial review.
- (d) **Award to Qui Tam Plaintiff.—**
  - (1) If the Government proceeds with an action brought by a [person](/usc/31/3701.md?p=c) under [subsection (b)](#b), such [person](/usc/31/3701.md?p=c) shall, subject to the second sentence of this paragraph, receive at least 15 percent but not more than 25 percent of the proceeds of the action or settlement of the [claim](/usc/31/3701.md?p=b-2), depending upon the extent to which the [person](/usc/31/3701.md?p=c) substantially contributed to the prosecution of the action. Where the action is one which the court finds to be based primarily on disclosures of specific information (other than information provided by the [person](/usc/31/3701.md?p=c) bringing the action) relating to allegations or transactions in a criminal, civil, or administrative hearing, in a congressional, administrative, or Government[^2] Accounting Office report, hearing, audit, or investigation, or from the news media, the court may award such sums as it considers appropriate, but in no case more than 10 percent of the proceeds, taking into account the significance of the information and the role of the [person](/usc/31/3701.md?p=c) bringing the action in advancing the case to litigation. Any payment to a [person](/usc/31/3701.md?p=c) under the first or second sentence of this paragraph shall be made from the proceeds. Any such [person](/usc/31/3701.md?p=c) shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorneys’ fees and costs. All such expenses, fees, and costs shall be awarded against the defendant.
  - (2) If the Government does not proceed with an action under this section, the [person](/usc/31/3701.md?p=c) bringing the action or settling the [claim](/usc/31/3701.md?p=b-2) shall receive an amount which the court decides is reasonable for collecting the civil penalty and damages. The amount shall be not less than 25 percent and not more than 30 percent of the proceeds of the action or settlement and shall be paid out of such proceeds. Such [person](/usc/31/3701.md?p=c) shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorneys’ fees and costs. All such expenses, fees, and costs shall be awarded against the defendant.
  - (3) Whether or not the Government proceeds with the action, if the court finds that the action was brought by a [person](/usc/31/3701.md?p=c) who planned and initiated the violation of [section 3729](/usc/31/3729.md) upon which the action was brought, then the court may, to the extent the court considers appropriate, reduce the share of the proceeds of the action which the [person](/usc/31/3701.md?p=c) would otherwise receive under paragraph (1) or (2) of this subsection, taking into account the role of that [person](/usc/31/3701.md?p=c) in advancing the case to litigation and any relevant circumstances pertaining to the violation. If the [person](/usc/31/3701.md?p=c) bringing the action is convicted of criminal conduct arising from his or her role in the violation of [section 3729](/usc/31/3729.md), that [person](/usc/31/3701.md?p=c) shall be dismissed from the civil action and shall not receive any share of the proceeds of the action. Such dismissal shall not prejudice the right of the United States to continue the action, represented by the Department of Justice.
  - (4) If the Government does not proceed with the action and the [person](/usc/31/3701.md?p=c) bringing the action conducts the action, the court may award to the defendant its reasonable attorneys’ fees and expenses if the defendant prevails in the action and the court finds that the [claim](/usc/31/3701.md?p=b-2) of the [person](/usc/31/3701.md?p=c) bringing the action was clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment.
- (e) **Certain Actions Barred.—**
  - (1) No court shall have jurisdiction over an action brought by a former or present member of the armed forces under [subsection (b)](#b) of this section against a member of the armed forces arising out of such [person](/usc/31/3701.md?p=c)’s service in the armed forces.
  - (2)
    - (A) No court shall have jurisdiction over an action brought under [subsection (b)](#b) against a Member of Congress, a member of the judiciary, or a senior executive branch official if the action is based on evidence or information known to the Government when the action was brought.
    - (B) For purposes of this paragraph, “senior executive branch official” means any officer or employee listed in paragraphs (1) through (8) of [section 13103(f) of title 5](/usc/5/13103.md?p=f).
  - (3) In no event may a [person](/usc/31/3701.md?p=c) bring an action under [subsection (b)](#b) which is based upon allegations or transactions which are the subject of a civil suit or an administrative civil money penalty proceeding in which the Government is already a party.
  - (4)
    - (A) The court shall dismiss an action or [claim](/usc/31/3701.md?p=b-2) under this section, unless opposed by the Government, if substantially the same allegations or transactions as alleged in the action or [claim](/usc/31/3701.md?p=b-2) were publicly disclosed—
      - (i) in a Federal criminal, civil, or administrative hearing in which the Government or its agent is a party;
      - (ii) in a congressional, Government Accountability Office, or other Federal report, hearing, audit, or investigation; or
      - (iii) from the news media,

      unless the action is brought by the Attorney General or the [person](/usc/31/3701.md?p=c) bringing the action is an original source of the information.

    - (B) For purposes of this paragraph, “original source” means an individual who either (i) prior to a public disclosure under subsection (e)(4)(a), has voluntarily disclosed to the Government the information on which allegations or transactions in a [claim](/usc/31/3701.md?p=b-2) are based, or (2) who has[^3] knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions, and who has voluntarily provided the information to the Government before filing an action under this section.
- (f) **Government Not Liable for Certain Expenses.—** The Government is not liable for expenses which a [person](/usc/31/3701.md?p=c) incurs in bringing an action under this section.
- (g) **Fees and Expenses to Prevailing Defendant.—** In civil actions brought under this section by the United States, the provisions of [section 2412(d) of title 28](/usc/28/2412.md?p=d) shall apply.
- (h) **Relief From Retaliatory Actions.—**
  - (1) **In general.—** Any employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, agent or associated others in furtherance of an action under this section or other efforts to stop 1 or more violations of this subchapter.
  - (2) **Relief.—** Relief under [paragraph (1)](#h-1) shall include reinstatement with the same seniority status that employee, contractor, or agent would have had but for the discrimination, 2 times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorneys’ fees. An action under this subsection may be brought in the appropriate district court of the United States for the relief provided in this subsection.
  - (3) **Limitation on bringing civil action.—** A civil action under this subsection may not be brought more than 3 years after the date when the retaliation occurred.

# §3731. False claims procedure

- (a) A subpena requiring the attendance of a witness at a trial or hearing conducted under [section 3730 of this title](/usc/31/3730.md) may be served at any place in the United States.
- (b) A civil action under [section 3730](/usc/31/3730.md) may not be brought—
  - (1) more than 6 years after the date on which the violation of [section 3729](/usc/31/3729.md) is committed, or
  - (2) more than 3 years after the date when facts [material](/usc/31/3801.md?p=a-10) to the right of action are known or reasonably should have been known by the official of the United States charged with responsibility to act in the circumstances, but in no event more than 10 years after the date on which the violation is committed,

  whichever occurs last.

- (c) If the Government elects to intervene and proceed with an action brought under 3730(b),[^1] the Government may file its own complaint or amend the complaint of a [person](/usc/31/3701.md?p=c) who has brought an action under [section 3730(b)](/usc/31/3730.md?p=b) to clarify or add detail to the [claims](/usc/31/3701.md?p=b-2) in which the Government is intervening and to add any additional [claims](/usc/31/3701.md?p=b-2) with respect to which the Government contends it is entitled to relief. For statute of limitations purposes, any such Government pleading shall relate back to the filing date of the complaint of the [person](/usc/31/3701.md?p=c) who originally brought the action, to the extent that the [claim](/usc/31/3701.md?p=b-2) of the Government arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the prior complaint of that [person](/usc/31/3701.md?p=c).
- (d) In any action brought under [section 3730](/usc/31/3730.md), the United States shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.
- (e) Notwithstanding any other provision of law, the Federal Rules of Criminal Procedure, or the Federal Rules of Evidence, a final judgment rendered in favor of the United States in any criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, shall estop the defendant from denying the essential elements of the offense in any action which involves the same transaction as in the criminal proceeding and which is brought under subsection [(a)](/usc/31/3730.md?p=a) or [(b)](/usc/31/3730.md?p=b) of section 3730.

# §3732. False claims jurisdiction

- (a) **Actions Under Section 3730.—** Any action under [section 3730](/usc/31/3730.md) may be brought in any judicial district in which the defendant or, in the case of multiple defendants, any one defendant can be found, resides, transacts business, or in which any act proscribed by [section 3729](/usc/31/3729.md) occurred. A summons as required by the Federal Rules of Civil Procedure shall be issued by the appropriate district court and served at any place within or outside the United States.
- (b) **Claims Under State Law.—** The district courts shall have jurisdiction over any action brought under the laws of any State for the recovery of funds paid by a State or local government if the action arises from the same transaction or occurrence as an action brought under [section 3730](/usc/31/3730.md).
- (c) **Service on State or Local Authorities.—** With respect to any State or local government that is named as a co-plaintiff with the United States in an action brought under [subsection (b)](#b), a seal on the action ordered by the court under [section 3730(b)](/usc/31/3730.md?p=b) shall not preclude the Government or the [person](/usc/31/3701.md?p=c) bringing the action from serving the complaint, any other pleadings, or the written disclosure of substantially all [material](/usc/31/3801.md?p=a-10) evidence and information possessed by the [person](/usc/31/3701.md?p=c) bringing the action on the law enforcement authorities that are authorized under the law of that State or local government to investigate and prosecute such actions on behalf of such governments, except that such seal applies to the law enforcement authorities so served to the same extent as the seal applies to other parties in the action.