---
kind: "range"
citation: "31 U.S.C. §§ 3801–3812"
title: "31"
from: "3801"
to: "3812"
count: 12
release: "119-102"
url: "https://uscodex.org/usc/31/3801..3812"
---

# §3801. Definitions

- (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 401 of title 5](/usc/5/401.md)) 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 415(a) of title 5](/usc/5/415.md?p=a));
  - (2) “authority head” means—
    - (A) the head of an [authority](#a-1); or
    - (B) an official or employee of the [authority](#a-1) designated, in regulations promulgated by the head of the [authority](#a-1), to act on behalf of the head of the [authority](#a-1);
  - (3) “claim” means any request, demand, or submission—
    - (A) made to an [authority](#a-1) 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](#a-1) or to a party to a contract with an [authority](#a-1)—
      - (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](#a-1) which has the effect of concealing or improperly avoiding or decreasing an [obligation](#a-11) to pay or transmit property, services, or money to the [authority](#a-1),

    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](#a-1) in which an Office of Inspector General is established by [chapter 4](/usc/5/chptI-ch4.md) of title 5 or by any other Federal law, is the Inspector General of that [authority](#a-1) or an officer or employee of such Office designated by the Inspector General;
      - (ii) in the case of an [authority](#a-1) in which an Office of Inspector General is not established by [chapter 4](/usc/5/chptI-ch4.md) of title 5 or by any other Federal law, is an officer or employee of the [authority](#a-1) designated by the [authority head](#a-2) to conduct investigations under [section 3803(a)(1) of this title](/usc/31/3803.md?p=a-1); 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](/usc/31/3802.md), means that a [person](#a-6), with respect to a [claim](#a-3) or [statement](#a-9)—
    - (A) has actual knowledge that the [claim](#a-3) or [statement](#a-9) is false, fictitious, or fraudulent;
    - (B) acts in deliberate ignorance of the truth or falsity of the [claim](#a-3) or [statement](#a-9); or
    - (C) acts in reckless disregard of the truth or falsity of the [claim](#a-3) or [statement](#a-9),

    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](#a-1) to which the provisions of subchapter II of [chapter 5](/usc/5/chptI-ch5.md) of title 5 apply, an administrative law judge appointed in the [authority](#a-1) pursuant to [section 3105](/usc/31/3105.md) of such title or detailed to the [authority](#a-1) pursuant to section 3344 of such title;
    - (B) in the case of an [authority](#a-1) to which the provisions of such subchapter do not apply, an officer or employee of the [authority](#a-1) who—
      - (i) is selected under [chapter 33](/usc/5/chptIII-sptB-ch33.md) of title 5 pursuant to the competitive examination process applicable to administrative law judges;
      - (ii) is appointed by the [authority head](#a-2) to conduct hearings under [section 3803 of this title](/usc/31/3803.md);
      - (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](#a-7);
      - (v) is entitled to pay prescribed by the Office of Personnel Management independently of ratings and recommendations made by the [authority](#a-1) and in accordance with [chapter 51](/usc/31/chstIV-ch51.md) of such title and subchapter III of [chapter 53](/usc/31/chstIV-ch53.md) 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; or
    - (C) a member of the board of contract appeals pursuant to [section 7105 of title 41](/usc/41/7105.md), if the [authority](#a-1) does not employ an available [presiding officer](#a-7) under [subparagraph (A)](#a-7-A);
  - (8) “reviewing official” means any officer or employee of an [authority](#a-1)—
    - (A) who is designated by the [authority head](#a-2) to make the determination required under [section 3803(a)(2) of this title](/usc/31/3803.md?p=a-2);
    - (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](#a-4); and
      - (ii) not employed in the organizational unit of the [authority](#a-1) in which the [investigating official](#a-4) is employed;
  - (9) “statement” means any representation, certification, affirmation, document, record, or accounting or bookkeeping entry made—
    - (A) with respect to a [claim](#a-3) or to obtain the approval or payment of a [claim](#a-3) (including relating to eligibility to make a [claim](#a-3)); 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](#a-1), 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;

  - (10) “material” has the meaning given the term in [section 3729(b) of this title](/usc/31/3729.md?p=b); and
  - (11) “obligation” has the meaning given the term in [section 3729(b) of this title](/usc/31/3729.md?p=b).
- (b) For purposes of [paragraph (3)](#a-3) of subsection (a)—
  - (1) each voucher, invoice, [claim](#a-3) form, or other individual request or demand for property, services, or money constitutes a separate [claim](#a-3);
  - (2) each [claim](#a-3) 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](#a-3) shall be considered made, presented, or submitted to an [authority](#a-1), recipient, or party when such [claim](#a-3) 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](#a-1), recipient, or party.
- (c) For purposes of [paragraph (9)](#a-9) of subsection (a)—
  - (1) each written representation, certification, or affirmation constitutes a separate [statement](#a-9); and
  - (2) a [statement](#a-9) shall be considered made, presented, or submitted to an [authority](#a-1) when such [statement](#a-9) 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](#a-1).
- (d) For purposes of [subsection (a)(10)](#a-10), materiality shall be determined in the same manner as under [section 3729 of this title](/usc/31/3729.md).

# §3802. False claims and statements; liability

- (a)
  - (1) Any [person](/usc/31/3801.md?p=a-6) who makes, presents, or submits, or causes to be made, presented, or submitted, a [claim](/usc/31/3801.md?p=a-3) that the [person](/usc/31/3801.md?p=a-6) knows or has reason to know—
    - (A) is false, fictitious, or fraudulent;
    - (B) includes or is supported by any written [statement](/usc/31/3801.md?p=a-9) which asserts a [material](/usc/31/3801.md?p=a-10) fact which is false, fictitious, or fraudulent;
    - (C) includes or is supported by any written [statement](/usc/31/3801.md?p=a-9) that—
      - (i) omits a [material](/usc/31/3801.md?p=a-10) fact;
      - (ii) is false, fictitious, or fraudulent as a result of such omission; and
      - (iii) is a [statement](/usc/31/3801.md?p=a-9) in which the [person](/usc/31/3801.md?p=a-6) making, presenting, or submitting such [statement](/usc/31/3801.md?p=a-9) has a duty to include such [material](/usc/31/3801.md?p=a-10) fact; or
    - (D) is for payment for the provision of property or services which the [person](/usc/31/3801.md?p=a-6) 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](/usc/31/3801.md?p=a-3). Except as provided in paragraph (3) of this subsection, such [person](/usc/31/3801.md?p=a-6) shall also be subject to an assessment, in lieu of damages sustained by the United States because of such [claim](/usc/31/3801.md?p=a-3), of not more than twice the amount of such [claim](/usc/31/3801.md?p=a-3), or the portion of such [claim](/usc/31/3801.md?p=a-3), which is determined under this chapter to be in violation of the preceding sentence.

  - (2) Any [person](/usc/31/3801.md?p=a-6) who makes, presents, or submits, or causes to be made, presented, or submitted, a written [statement](/usc/31/3801.md?p=a-9) that—
    - (A) the [person](/usc/31/3801.md?p=a-6) knows or has reason to know—
      - (i) asserts a [material](/usc/31/3801.md?p=a-10) fact which is false, fictitious, or fraudulent; or
      - (ii)
        - (I) omits a [material](/usc/31/3801.md?p=a-10) fact; and
        - (II) is false, fictitious, or fraudulent as a result of such omission;
    - (B) in the case of a [statement](/usc/31/3801.md?p=a-9) described in [clause (ii)](#a-2-A-ii) of subparagraph (A), is a [statement](/usc/31/3801.md?p=a-9) in which the [person](/usc/31/3801.md?p=a-6) making, presenting, or submitting such [statement](/usc/31/3801.md?p=a-9) has a duty to include such [material](/usc/31/3801.md?p=a-10) fact; and
    - (C) contains or is accompanied by an express certification or affirmation of the truthfulness and accuracy of the contents of the [statement](/usc/31/3801.md?p=a-9),

    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](/usc/31/3801.md?p=a-9).

  - (3)
    - (A) Except as provided in [subparagraph (B)](#a-3-B), an assessment shall not be made under the second sentence of [paragraph (1)](#a-1) with respect to a [claim](/usc/31/3801.md?p=a-3) if payment by the Government has not been made on such [claim](/usc/31/3801.md?p=a-3).
    - (B) In the case of a [claim](/usc/31/3801.md?p=a-3) described in [section 3801(a)(3)(C)](/usc/31/3801.md?p=a-3-C), an assessment shall not be made under the second sentence of [paragraph (1)](#a-1) in an amount that is more than double the value of the property, services, or money that was wrongfully withheld from the [authority](/usc/31/3801.md?p=a-1).
- (b)
  - (1) Except as provided in paragraphs (2) and (3) of this subsection—
    - (A) a determination under [section 3803(a)(2) of this title](/usc/31/3803.md?p=a-2) that there is adequate evidence to believe that a [person](/usc/31/3801.md?p=a-6) is liable under [subsection (a)](#a) of this section; or
    - (B) a determination under [section 3803 of this title](/usc/31/3803.md) that a [person](/usc/31/3801.md?p=a-6) is liable under [subsection (a)](#a) of this section,

    may provide the [authority](/usc/31/3801.md?p=a-1) with grounds for commencing any administrative or contractual action against such [person](/usc/31/3801.md?p=a-6) which is authorized by law and which is in addition to any action against such [person](/usc/31/3801.md?p=a-6) under this chapter.

  - (2) A determination referred to in paragraph (1) of this subsection may be used by the [authority](/usc/31/3801.md?p=a-1), but shall not require such [authority](/usc/31/3801.md?p=a-1), 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](/usc/31/3801.md?p=a-6) 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](/usc/31/3801.md?p=a-6)’s responsibility pursuant to Federal procurement laws and regulations.

# §3803. Hearing and determinations

- (a)
  - (1) The [investigating official](/usc/31/3801.md?p=a-4) of an [authority](/usc/31/3801.md?p=a-1) may investigate allegations that a [person](/usc/31/3801.md?p=a-6) is liable under [section 3802 of this title](/usc/31/3802.md) and shall report the findings and conclusions of such investigation to the [reviewing official](/usc/31/3801.md?p=a-8) of the [authority](/usc/31/3801.md?p=a-1). The preceding sentence does not modify any responsibility of an [investigating official](/usc/31/3801.md?p=a-4) to report violations of criminal law to the Attorney General.
  - (2) If the [reviewing official](/usc/31/3801.md?p=a-8) of an [authority](/usc/31/3801.md?p=a-1) determines, based upon the report of the [investigating official](/usc/31/3801.md?p=a-4) under paragraph (1) of this subsection, that there is adequate evidence to believe that a [person](/usc/31/3801.md?p=a-6) is liable under [section 3802 of this title](/usc/31/3802.md), the [reviewing official](/usc/31/3801.md?p=a-8) shall transmit to the Attorney General a written notice of the intention of such official to refer the allegations of such liability to a [presiding officer](/usc/31/3801.md?p=a-7) of such [authority](/usc/31/3801.md?p=a-1). Such notice shall include—
    - (A) a [statement](/usc/31/3801.md?p=a-9) of the reasons of the [reviewing official](/usc/31/3801.md?p=a-8) for the referral of such allegations;
    - (B) a [statement](/usc/31/3801.md?p=a-9) specifying the evidence which supports such allegations;
    - (C) a description of the [claims](/usc/31/3801.md?p=a-3) or [statements](/usc/31/3801.md?p=a-9) for which liability under [section 3802 of this title](/usc/31/3802.md) is alleged;
    - (D) an estimate of the amount of money or the value of property or services requested or demanded in violation of [section 3802 of this title](/usc/31/3802.md); and
    - (E) a [statement](/usc/31/3801.md?p=a-9) of any exculpatory or mitigating circumstances which may relate to such [claims](/usc/31/3801.md?p=a-3) or [statements](/usc/31/3801.md?p=a-9).
- (b)
  - (1) Within 90 days after receipt of a notice from a [reviewing official](/usc/31/3801.md?p=a-8) under [paragraph (2)](#a-2) of subsection (a), the Attorney General or an Assistant Attorney General designated by the Attorney General shall transmit a written [statement](/usc/31/3801.md?p=a-9) to the [reviewing official](/usc/31/3801.md?p=a-8) which specifies—
    - (A) that the Attorney General or such Assistant Attorney General approves or disapproves the referral to a [presiding officer](/usc/31/3801.md?p=a-7) of the allegations of liability stated in such notice;
    - (B) in any case in which the referral of allegations is approved, that the initiation of a proceeding under this section with respect to such allegations is appropriate; and
    - (C) in any case in which the referral of allegations is disapproved, the reasons for such disapproval.
  - (2) A [reviewing official](/usc/31/3801.md?p=a-8) may refer allegations of liability to a [presiding officer](/usc/31/3801.md?p=a-7) only if the Attorney General or an Assistant Attorney General designated by the Attorney General approves the referral of such allegations in a written [statement](/usc/31/3801.md?p=a-9) described in paragraph (1) of this subsection.
  - (3) If the Attorney General or an Assistant Attorney General designated by the Attorney General transmits to an [authority head](/usc/31/3801.md?p=a-2) a written finding that the continuation of any hearing under this section with respect to a [claim](/usc/31/3801.md?p=a-3) or [statement](/usc/31/3801.md?p=a-9) may adversely affect any pending or potential criminal or civil action related to such [claim](/usc/31/3801.md?p=a-3) or [statement](/usc/31/3801.md?p=a-9), such hearing shall be immediately stayed and may be resumed only upon written authorization of the Attorney General.
- (c)
  - (1) No allegations of liability under [section 3802 of this title](/usc/31/3802.md) with respect to any [claim](/usc/31/3801.md?p=a-3) made, presented, or submitted by any [person](/usc/31/3801.md?p=a-6) shall be referred to a [presiding officer](/usc/31/3801.md?p=a-7) under [paragraph (2)](#b-2) of subsection (b) if the [reviewing official](/usc/31/3801.md?p=a-8) determines that—
    - (A) an amount of money in excess of $1,000,000; or
    - (B) property or services with a value in excess of $1,000,000,

    is requested or demanded in violation of [section 3802 of this title](/usc/31/3802.md) in such [claim](/usc/31/3801.md?p=a-3) or in a group of related [claims](/usc/31/3801.md?p=a-3) which are submitted at the time such [claim](/usc/31/3801.md?p=a-3) is submitted.

  - (2)
    - (A) Except as provided in subparagraph (B) of this paragraph, no allegations of liability against an individual under [section 3802 of this title](/usc/31/3802.md) with respect to any [claim](/usc/31/3801.md?p=a-3) or [statement](/usc/31/3801.md?p=a-9) made, presented, or submitted, or caused to be made, presented, or submitted, by such individual relating to any [benefits](#c-2-C) received by such individual shall be referred to a [presiding officer](/usc/31/3801.md?p=a-7) under [paragraph (2)](#b-2) of subsection (b).
    - (B) Allegations of liability against an individual under [section 3802 of this title](/usc/31/3802.md) with respect to any [claim](/usc/31/3801.md?p=a-3) or [statement](/usc/31/3801.md?p=a-9) made, presented, or submitted, or caused to be made, presented, or submitted, by such individual relating to any [benefits](#c-2-C) received by such individual may be referred to a [presiding officer](/usc/31/3801.md?p=a-7) under [paragraph (2)](#b-2) of subsection (b) if—
      - (i) such [claim](/usc/31/3801.md?p=a-3) or [statement](/usc/31/3801.md?p=a-9) is made by such individual in making application for such [benefits](#c-2-C);
      - (ii) such allegations relate to the eligibility of such individual to receive such [benefits](#c-2-C); and
      - (iii) with respect to such [claim](/usc/31/3801.md?p=a-3) or [statement](/usc/31/3801.md?p=a-9), the individual—
        - (I) has actual knowledge that the [claim](/usc/31/3801.md?p=a-3) or [statement](/usc/31/3801.md?p=a-9) is false, fictitious, or fraudulent;
        - (II) acts in deliberate ignorance of the truth or falsity of the [claim](/usc/31/3801.md?p=a-3) or [statement](/usc/31/3801.md?p=a-9); or
        - (III) acts in reckless disregard of the truth or falsity of the [claim](/usc/31/3801.md?p=a-3) or [statement](/usc/31/3801.md?p=a-9).
    - (C) For purposes of this subsection, the term “benefits” means—
      - (i) [benefits](#c-2-C) under the supplemental security income program under title XVI of the Social Security Act;
      - (ii) old age, survivors, and disability insurance [benefits](#c-2-C) under title II of the Social Security Act;
      - (iii) [benefits](#c-2-C) under title XVIII of the Social Security Act;
      - (iv) assistance under a State program funded under part A of title IV of the Social Security Act;
      - (v) medical assistance under a State plan approved under section 1902(a) of the Social Security Act;
      - (vi) [benefits](#c-2-C) under title XX of the Social Security Act;
      - (vii) [benefits](#c-2-C) under the supplemental nutrition assistance program (as defined in section 3 of the Food and Nutrition Act of 2008);
      - (viii) [benefits](#c-2-C) under chapters [11](/usc/38/chptII-ch11.md), [13](/usc/38/chptII-ch13.md), [15](/usc/38/chptII-ch15.md), [17](/usc/38/chptII-ch17.md), and [21](/usc/38/chptII-ch21.md) of title 38;
      - (ix) [benefits](#c-2-C) under the Black Lung Benefits Act;
      - (x) [benefits](#c-2-C) under the special supplemental nutrition program for women, infants, and children established under section 17 of the Child Nutrition Act of 1966;
      - (xi) [benefits](#c-2-C) under section 336 of the Older Americans Act;
      - (xii) any annuity or other benefit under the Railroad Retirement Act of 1974;
      - (xiii) [benefits](#c-2-C) under the Richard B. Russell National School Lunch Act;
      - (xiv) [benefits](#c-2-C) under any housing assistance program for lower income families or elderly or handicapped [persons](/usc/31/3801.md?p=a-6) which is administered by the Secretary of Housing and Urban Development or the Secretary of Agriculture;
      - (xv) [benefits](#c-2-C) under the Low-Income Home Energy Assistance Act of 1981; and
      - (xvi) [benefits](#c-2-C) under part A of the Energy Conservation in Existing Buildings Act of 1976,

      which are intended for the personal use of the individual who receives the benefits or for a member of the individual’s family.

  - (3) **Adjustment for Inflation.—** The maximum amount in [paragraph (1)](#c-1) shall be adjusted for inflation in the same manner and to the same extent as civil monetary penalties under the Federal Civil Penalties Inflation Adjustment Act[^1] ([28 U.S.C. 2461](/usc/28/2461.md) note).
- (d)
  - (1) On or after the date on which a [reviewing official](/usc/31/3801.md?p=a-8) is permitted to refer allegations of liability to a [presiding officer](/usc/31/3801.md?p=a-7) under [subsection (b)](#b) of this section, the [reviewing official](/usc/31/3801.md?p=a-8) shall mail, by registered or certified mail, or shall deliver, a notice to the [person](/usc/31/3801.md?p=a-6) alleged to be liable under [section 3802 of this title](/usc/31/3802.md). Such notice shall specify the allegations of liability against such [person](/usc/31/3801.md?p=a-6) and shall state the right of such [person](/usc/31/3801.md?p=a-6) to request a hearing with respect to such allegations.
  - (2) If, within 30 days after receiving a notice under paragraph (1) of this subsection, the [person](/usc/31/3801.md?p=a-6) receiving such notice requests a hearing with respect to the allegations contained in such notice—
    - (A) the [reviewing official](/usc/31/3801.md?p=a-8) shall refer such allegations to a [presiding officer](/usc/31/3801.md?p=a-7) for the commencement of such hearing;
    - (B)
      - (i) in the case of a referral to a [presiding officer](/usc/31/3801.md?p=a-7) described in subparagraph [(A)](/usc/31/3801.md?p=a-7-A) or [(B)](/usc/31/3801.md?p=a-7-B) of section 3801(a)(7), the [presiding officer](/usc/31/3801.md?p=a-7) shall commence such hearing by mailing by registered or certified mail, or by delivery of, a notice which complies with paragraphs [(2)(A)](#g-2-A) and [(3)(B)(i)](#g-3-B-i) of subsection (g) to such [person](/usc/31/3801.md?p=a-6); or
      - (ii) in the case of a referral to a [presiding officer](/usc/31/3801.md?p=a-7) described in [subparagraph (C)](/usc/31/3801.md?p=a-7-C) of section 3801(a)(7)—
        - (I) the [reviewing official](/usc/31/3801.md?p=a-8) shall submit a copy of the notice required by under [paragraph (1)](#d-1) and of the response of the [person](/usc/31/3801.md?p=a-6) receiving such notice requesting a hearing—
          - (aa) to the board of contract appeals that has jurisdiction over matters arising from the [agency](/usc/31/1352.md?p=g-2) of the [reviewing official](/usc/31/3801.md?p=a-8) pursuant to [section 7105(e)(1) of title 41](/usc/41/7105.md?p=e-1); or
          - (bb) if the Chair of the board of contract appeals declines to accept the referral, to any other board of contract appeals; and
        - (II) the [reviewing official](/usc/31/3801.md?p=a-8) shall simultaneously mail, by registered or certified mail, or shall deliver, notice to the [person](/usc/31/3801.md?p=a-6) alleged to be liable under [section 3802](/usc/31/3802.md) that the referral has been made to an [agency](/usc/31/1352.md?p=g-2) board of contract appeals with an explanation as to where the [person](/usc/31/3801.md?p=a-6) may obtain the relevant rules of procedure promulgated by the board; and
    - (C) in the case of a hearing conducted by a [presiding officer](/usc/31/3801.md?p=a-7) described in [subparagraph (C)](/usc/31/3801.md?p=a-7-C) of section 3801(a)(7)—
      - (i) the [presiding officer](/usc/31/3801.md?p=a-7) shall conduct the hearing according to the rules and procedures promulgated by the board of contract appeals; and
      - (ii) the hearing shall not be subject to the provisions in subsection [(g)(2)](#g-2), [(h)](#h), or [(i)](#i).
- (e)
  - (1)
    - (A) Except as provided in subparagraph (B) of this paragraph, at any time after receiving a notice under [paragraph (2)(B)](#d-2-B) of subsection (d), the [person](/usc/31/3801.md?p=a-6) receiving such notice shall be entitled to review, and upon payment of a reasonable fee for duplication, shall be entitled to obtain a copy of, all relevant and [material](/usc/31/3801.md?p=a-10) documents, transcripts, records, and other [materials](/usc/31/3801.md?p=a-10), which relate to such allegations and upon which the findings and conclusions of the [investigating official](/usc/31/3801.md?p=a-4) under [paragraph (1)](#a-1) of subsection (a) are based.
    - (B) A [person](/usc/31/3801.md?p=a-6) is not entitled under [subparagraph (A)](#e-1-A) to review and obtain a copy of any document, transcript, record, or [material](/usc/31/3801.md?p=a-10) which is privileged under Federal law.
  - (2) At any time after receiving a notice under [paragraph (2)(B)](#d-2-B) of subsection (d), the [person](/usc/31/3801.md?p=a-6) receiving such notice shall be entitled to obtain all exculpatory information in the possession of the [investigating official](/usc/31/3801.md?p=a-4) or the [reviewing official](/usc/31/3801.md?p=a-8) relating to the allegations contained in such notice. The provisions of [subparagraph (B)](#e-1-B) of paragraph (1) do not apply to any document, transcript, record, or other [material](/usc/31/3801.md?p=a-10), or any portion thereof, in which such exculpatory information is contained.
- (f) Any hearing commenced under [paragraph (2)](#d-2) of subsection (d) shall be conducted by the [presiding officer](/usc/31/3801.md?p=a-7) on the record in order to determine—
  - (1) the liability of a [person](/usc/31/3801.md?p=a-6) under [section 3802 of this title](/usc/31/3802.md); and
  - (2) if a [person](/usc/31/3801.md?p=a-6) is determined to be liable under such section, the amount of any civil penalty or assessment to be imposed on such [person](/usc/31/3801.md?p=a-6).

  Any such determination shall be based on the preponderance of the evidence.

- (g)
  - (1) Each hearing under [subsection (f)](#f) of this section shall be conducted—
    - (A) in the case of an [authority](/usc/31/3801.md?p=a-1) to which the provisions of subchapter II of [chapter 5](/usc/5/chptI-ch5.md) of title 5 apply, in accordance with—
      - (i) the provisions of such subchapter to the extent that such provisions are not inconsistent with the provisions of this chapter; and
      - (ii) procedures promulgated by the [authority head](/usc/31/3801.md?p=a-2) under paragraph (3) of this subsection; or
    - (B) in the case of an [authority](/usc/31/3801.md?p=a-1) to which the provisions of such subchapter do not apply, in accordance with procedures promulgated by the [authority head](/usc/31/3801.md?p=a-2) under paragraphs (2) and (3) of this subsection.
  - (2) An [authority head](/usc/31/3801.md?p=a-2) of an [authority](/usc/31/3801.md?p=a-1) described in [subparagraph (B)](#g-1-B) of paragraph (1) shall by regulation promulgate procedures for the conduct of hearings under this chapter. Such procedures shall include:
    - (A) The provision of written notice of the hearing to any [person](/usc/31/3801.md?p=a-6) alleged to be liable under [section 3802 of this title](/usc/31/3802.md), including written notice of—
      - (i) the time, place, and nature of the hearing;
      - (ii) the legal [authority](/usc/31/3801.md?p=a-1) and jurisdiction under which the hearing is to be held; and
      - (iii) the matters of facts and law to be asserted.
    - (B) The provision to any [person](/usc/31/3801.md?p=a-6) alleged to be liable under [section 3802 of this title](/usc/31/3802.md) of opportunities for the submission of facts, arguments, offers of settlement, or proposals of adjustment.
    - (C) Procedures to ensure that the [presiding officer](/usc/31/3801.md?p=a-7) shall not, except to the extent required for the disposition of ex parte matters as authorized by law—
      - (i) consult a [person](/usc/31/3801.md?p=a-6) or party on a fact in issue, unless on notice and opportunity for all parties to the hearing to participate; or
      - (ii) be responsible to or subject to the supervision or direction of the [investigating official](/usc/31/3801.md?p=a-4) or the [reviewing official](/usc/31/3801.md?p=a-8).
    - (D) Procedures to ensure that the [investigating official](/usc/31/3801.md?p=a-4) and the [reviewing official](/usc/31/3801.md?p=a-8) do not participate or advise in the decision required under [subsection (h)](#h) of this section or the review of the decision by the [authority head](/usc/31/3801.md?p=a-2) under [subsection (i)](#i) of this section, except as provided in [subsection (j)](#j) of this section.
    - (E) The provision to any [person](/usc/31/3801.md?p=a-6) alleged to be liable under [section 3802 of this title](/usc/31/3802.md) of opportunities to present such [person](/usc/31/3801.md?p=a-6)’s case through oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts.
    - (F) Procedures to permit any [person](/usc/31/3801.md?p=a-6) alleged to be liable under [section 3802 of this title](/usc/31/3802.md) to be accompanied, represented, and advised by counsel or such other qualified representative as the [authority head](/usc/31/3801.md?p=a-2) may specify in such regulations.
    - (G) Procedures to ensure that the hearing is conducted in an impartial manner, including procedures to—
      - (i) permit the [presiding officer](/usc/31/3801.md?p=a-7) to at any time disqualify himself; and
      - (ii) permit the filing, in good faith, of a timely and sufficient affidavit alleging personal bias or another reason for disqualification of a [presiding officer](/usc/31/3801.md?p=a-7) or a [reviewing official](/usc/31/3801.md?p=a-8).
  - (3)
    - (A) Each [authority head](/usc/31/3801.md?p=a-2) shall promulgate by regulation procedures described in subparagraph (B) of this paragraph for the conduct of hearings under this chapter. Such procedures shall be in addition to the procedures described in [paragraph (1)](#g-1) or paragraph (2) of this subsection, as the case may be.
    - (B) The procedures referred to in subparagraph (A) of this paragraph are:
      - (i) Procedures for the inclusion, in any written notice of a hearing under this section to any [person](/usc/31/3801.md?p=a-6) alleged to be liable under [section 3802 of this title](/usc/31/3802.md), of a description of the procedures for the conduct of the hearing.
      - (ii) Procedures to permit discovery by any [person](/usc/31/3801.md?p=a-6) alleged to be liable under [section 3802 of this title](/usc/31/3802.md) only to the extent that the [presiding officer](/usc/31/3801.md?p=a-7) determines that such discovery is necessary for the expeditious, fair, and reasonable consideration of the issues, except that such procedures shall not apply to documents, transcripts, records, or other [material](/usc/31/3801.md?p=a-10) which a [person](/usc/31/3801.md?p=a-6) is entitled to review under [paragraph (1)](#e-1) of subsection (e) or to information to which a [person](/usc/31/3801.md?p=a-6) is entitled under [paragraph (2)](#g-2) of such subsection. Procedures promulgated under this clause shall prohibit the discovery of the notice required under [subsection (a)(2)](#a-2) of this section.
  - (4) Each hearing under [subsection (f)](#f) of this section shall be held—
    - (A) in the judicial district of the United States in which the [person](/usc/31/3801.md?p=a-6) alleged to be liable under [section 3802 of this title](/usc/31/3802.md) resides or transacts business;
    - (B) in the judicial district of the United States in which the [claim](/usc/31/3801.md?p=a-3) or [statement](/usc/31/3801.md?p=a-9) upon which the allegation of liability under such section was made, presented, or submitted; or
    - (C) in such other place as may be agreed upon by such [person](/usc/31/3801.md?p=a-6) and the [presiding officer](/usc/31/3801.md?p=a-7) who will conduct such hearing.
- (h) The [presiding officer](/usc/31/3801.md?p=a-7) shall issue a written decision, including findings and determinations, after the conclusion of the hearing. Such decision shall include the findings of fact and conclusions of law which the [presiding officer](/usc/31/3801.md?p=a-7) relied upon in determining whether a [person](/usc/31/3801.md?p=a-6) is liable under this chapter. The [presiding officer](/usc/31/3801.md?p=a-7) shall promptly send to each party to the hearing a copy of such decision and a [statement](/usc/31/3801.md?p=a-9) describing the right of any [person](/usc/31/3801.md?p=a-6) determined to be liable under [section 3802 of this title](/usc/31/3802.md) to appeal the decision of the [presiding officer](/usc/31/3801.md?p=a-7) to the [authority head](/usc/31/3801.md?p=a-2) under [paragraph (2)](#i-2) of subsection (i).
- (i)
  - (1) Except as provided in paragraph (2) of this subsection and [section 3805 of this title](/usc/31/3805.md), the decision, including the findings and determinations, of the [presiding officer](/usc/31/3801.md?p=a-7) issued under [subsection (h)](#h) of this section are final.
  - (2)
    - (A)
      - (i) Except as provided in clause (ii) of this subparagraph, within 30 days after the [presiding officer](/usc/31/3801.md?p=a-7) issues a decision under [subsection (h)](#h) of this section, any [person](/usc/31/3801.md?p=a-6) determined in such decision to be liable under [section 3802 of this title](/usc/31/3802.md) may appeal such decision to the [authority head](/usc/31/3801.md?p=a-2).
      - (ii) If, within the 30-day period described in clause (i) of this subparagraph, a [person](/usc/31/3801.md?p=a-6) determined to be liable under this chapter requests the [authority head](/usc/31/3801.md?p=a-2) for an extension of such 30-day period to file an appeal of a decision issued by the [presiding officer](/usc/31/3801.md?p=a-7) under [subsection (h)](#h) of this section, the [authority head](/usc/31/3801.md?p=a-2) may extend such period if such [person](/usc/31/3801.md?p=a-6) demonstrates good cause for such extension.
    - (B) Any [authority head](/usc/31/3801.md?p=a-2) reviewing under this section the decision, findings, and determinations of a [presiding officer](/usc/31/3801.md?p=a-7) shall not consider any objection that was not raised in the hearing conducted pursuant to [subsection (f)](#f) of this section unless a demonstration is made of extraordinary circumstances causing the failure to raise the objection. If any party demonstrates to the satisfaction of the [authority head](/usc/31/3801.md?p=a-2) that additional evidence not presented at such hearing is [material](/usc/31/3801.md?p=a-10) and that there were reasonable grounds for the failure to present such evidence at such hearing, the [authority head](/usc/31/3801.md?p=a-2) shall remand the matter to the [presiding officer](/usc/31/3801.md?p=a-7) for consideration of such additional evidence.
    - (C) The [authority head](/usc/31/3801.md?p=a-2) may affirm, reduce, reverse, compromise, remand, or settle any penalty or assessment determined by the [presiding officer](/usc/31/3801.md?p=a-7) pursuant to this section. The [authority head](/usc/31/3801.md?p=a-2) shall promptly send to each party to the appeal a copy of the decision of the [authority head](/usc/31/3801.md?p=a-2) and a [statement](/usc/31/3801.md?p=a-9) describing the right of any [person](/usc/31/3801.md?p=a-6) determined to be liable under [section 3802 of this title](/usc/31/3802.md) to judicial review under [section 3805 of this title](/usc/31/3805.md).
- (j)
  - (1) The [reviewing official](/usc/31/3801.md?p=a-8) has the exclusive [authority](/usc/31/3801.md?p=a-1) to compromise or settle any allegations of liability under [section 3802 of this title](/usc/31/3802.md) against a [person](/usc/31/3801.md?p=a-6) without the consent of the [presiding officer](/usc/31/3801.md?p=a-7) at any time after the date on which the [reviewing official](/usc/31/3801.md?p=a-8) is permitted to refer allegations of liability to a [presiding officer](/usc/31/3801.md?p=a-7) under [subsection (b)](#b) of this section and prior to the date on which the [presiding officer](/usc/31/3801.md?p=a-7) issues a decision under [subsection (h)](#h) of this section. Any such compromise or settlement shall be in writing.
  - (2) A [reviewing official](/usc/31/3801.md?p=a-8) shall notify the Attorney General in writing not later than 30 days before entering into any agreement to compromise or settle allegations of liability under [section 3802](/usc/31/3802.md) and before the date on which the [reviewing official](/usc/31/3801.md?p=a-8) is permitted to refer allegations of liability to a [presiding officer](/usc/31/3801.md?p=a-7) under [subsection (b)](#b).

# §3804. Subpoena authority

- (a) For the purposes of an investigation under [section 3803(a)(1) of this title](/usc/31/3803.md?p=a-1), an [investigating official](/usc/31/3801.md?p=a-4) is authorized to require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and data not otherwise reasonably available to the [authority](/usc/31/3801.md?p=a-1).
- (b) For the purposes of conducting a hearing under [section 3803(f) of this title](/usc/31/3803.md?p=f), a [presiding officer](/usc/31/3801.md?p=a-7) is authorized—
  - (1) to administer oaths or affirmations; and
  - (2) to require by subpoena the attendance and testimony of witnesses and the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence which the [presiding officer](/usc/31/3801.md?p=a-7) considers relevant and [material](/usc/31/3801.md?p=a-10) to the hearing.
- (c) In the case of contumacy or refusal to obey a subpoena issued pursuant to subsection [(a)](#a) or [(b)](#b) of this section, the district courts of the United States shall have jurisdiction to issue an appropriate order for the enforcement of any such subpoena. Any failure to obey such order of the court is punishable by such court as contempt. In any case in which an [authority](/usc/31/3801.md?p=a-1) seeks the enforcement of a subpoena issued pursuant to subsection [(a)](#a) or [(b)](#b) of this section, the [authority](/usc/31/3801.md?p=a-1) shall request the Attorney General to petition any district court in which a hearing under this chapter is being conducted, or in which the [person](/usc/31/3801.md?p=a-6) receiving the subpoena resides or conducts business, to issue such an order.

# §3805. Judicial review

- (a)
  - (1) A determination by a [reviewing official](/usc/31/3801.md?p=a-8) under [section 3803 of this title](/usc/31/3803.md) 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](/usc/31/3803.md) that a [person](/usc/31/3801.md?p=a-6) is liable under [section 3802 of this title](/usc/31/3802.md) shall be final and shall not be subject to judicial review.
- (b)
  - (1)
    - (A) Any [person](/usc/31/3801.md?p=a-6) who has been determined to be liable under [section 3802 of this title](/usc/31/3802.md) pursuant to [section 3803 of this title](/usc/31/3803.md) may obtain review of such determination in—
      - (i) the United States district court for the district in which such [person](/usc/31/3801.md?p=a-6) resides or transacts business;
      - (ii) the United States district court for the district in which the [claim](/usc/31/3801.md?p=a-3) or [statement](/usc/31/3801.md?p=a-9) 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](/usc/31/3801.md?p=a-6) has exhausted all administrative remedies under this chapter; and
      - (ii) within 60 days after the date on which the [authority head](/usc/31/3801.md?p=a-2) sends such [person](/usc/31/3801.md?p=a-6) a copy of the decision of such [authority head](/usc/31/3801.md?p=a-2) under [section 3803(i)(2) of this title](/usc/31/3803.md?p=i-2).
  - (2) The clerk of the court shall transmit a copy of a petition filed under paragraph (1) of this subsection to the [authority](/usc/31/3801.md?p=a-1) and to the Attorney General. Upon receipt of the copy of such petition, the [authority](/usc/31/3801.md?p=a-1) shall transmit to the Attorney General the record in the proceeding resulting in the determination of liability under [section 3802 of this title](/usc/31/3802.md). 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](/usc/31/3801.md?p=a-1), 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](/usc/31/3801.md?p=a-1) 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](/usc/31/3801.md?p=a-1) 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](/usc/31/3801.md?p=a-1) shall not consider any objection that was not raised in the hearing conducted pursuant to [section 3803(f) of this title](/usc/31/3803.md?p=f) 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](/usc/31/3801.md?p=a-10) 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](/usc/31/3801.md?p=a-1) for consideration of such additional evidence.
- (e) Upon a final determination by the district court that a [person](/usc/31/3801.md?p=a-6) is liable under [section 3802 of this title](/usc/31/3802.md), the court shall enter a final judgment for the appropriate amount in favor of the United States.

# §3806. Collection of civil penalties and assessments

- (a) The Attorney General shall be responsible for judicial enforcement of any civil penalty or assessment imposed pursuant to the provisions of this chapter.
- (b) Any penalty or assessment imposed in a determination which has become final pursuant to this chapter may be recovered in a civil action brought by the Attorney General. In any such action, no matter that was raised or that could have been raised in a hearing conducted under [section 3803(f) of this title](/usc/31/3803.md?p=f) or pursuant to judicial review under [section 3805 of this title](/usc/31/3805.md) may be raised as a defense, and the determination of liability and the determination of amounts of penalties and assessments shall not be subject to review.
- (c) The district courts of the United States shall have jurisdiction of any action commenced by the United States under [subsection (b)](#b) of this section.
- (d) Any action under [subsection (b)](#b) of this section may, without regard to venue requirements, be joined and consolidated with or asserted as a counterclaim, cross-[claim](/usc/31/3801.md?p=a-3), or setoff by the United States in any other civil action which includes as parties the United States and the [person](/usc/31/3801.md?p=a-6) against whom such action may be brought.
- (e) The United States Court of Federal [Claims](/usc/31/3801.md?p=a-3) shall have jurisdiction of any action under [subsection (b)](#b) of this section to recover any penalty or assessment if the cause of action is asserted by the United States as a counterclaim in a matter pending in such court.
- (f) The Attorney General shall have exclusive [authority](/usc/31/3801.md?p=a-1) to compromise or settle any penalty or assessment the determination of which is the subject of a pending petition pursuant to [section 3805 of this title](/usc/31/3805.md) or a pending action to recover such penalty or assessment pursuant to this section.
- (g)
  - (1)
    - (A) Except as provided in [paragraph (2)](#g-2)—
      - (i) any amount collected under this chapter shall be credited first to reimburse the [authority](/usc/31/3801.md?p=a-1) or other Federal entity that expended costs in support of the investigation or prosecution of the action, including any court or hearing costs; and
      - (ii) amounts reimbursed under [clause (i)](#g-1-A-i) shall—
        - (I) be deposited in—
          - (aa) the appropriations account of the [authority](/usc/31/3801.md?p=a-1) or other Federal entity from which the costs described in [subparagraph (A)](#g-1-A) were obligated;
          - (bb) a similar appropriations account of the [authority](/usc/31/3801.md?p=a-1) or other Federal entity; or
          - (cc) if the [authority](/usc/31/3801.md?p=a-1) or other Federal entity expended nonappropriated funds, another appropriate account; and
        - (II) remain available until expended.
    - (B) Any amount remaining after reimbursements described in [subparagraph (A)](#g-1-A) shall be deposited as miscellaneous receipts in the Treasury of the United States.
  - (2)
    - (A) Any amount of a penalty or assessment imposed by the United States Postal Service under this chapter shall be deposited in the Postal Service Fund established by [section 2003 of title 39](/usc/39/2003.md).
    - (B) Any amount of a penalty or assessment imposed by the Secretary of Health and Human Services under this chapter with respect to a [claim](/usc/31/3801.md?p=a-3) or [statement](/usc/31/3801.md?p=a-9) made in connection with old age and survivors benefits under title II of the Social Security Act shall be deposited in the Federal Old-Age and Survivors Insurance Trust Fund.
    - (C) Any amount of a penalty or assessment imposed by the Secretary of Health and Human Services under this chapter with respect to a [claim](/usc/31/3801.md?p=a-3) or [statement](/usc/31/3801.md?p=a-9) made in connection with disability benefits under title II of the Social Security Act shall be deposited in the Federal Disability Insurance Trust Fund.
    - (D) Any amount of a penalty or assessment imposed by the Secretary of Health and Human Services under this chapter with respect to a [claim](/usc/31/3801.md?p=a-3) or [statement](/usc/31/3801.md?p=a-9) made in connection with benefits under part A of title XVIII of the Social Security Act shall be deposited in the Federal Hospital Insurance Trust Fund.
    - (E) Any amount of a penalty or assessment imposed by the Secretary of Health and Human Services under this chapter with respect to a [claim](/usc/31/3801.md?p=a-3) or [statement](/usc/31/3801.md?p=a-9) made in connection with benefits under part B of title XVIII of the Social Security Act shall be deposited in the Federal Supplementary Medical Insurance Trust Fund.

# §3807. Right to administrative offset

- (a) The amount of any penalty or assessment which has become final under [section 3803 of this title](/usc/31/3803.md), or for which a judgment has been entered under section [3805(e)](/usc/31/3805.md?p=e) or [3806](/usc/31/3806.md) of this title, or any amount agreed upon in a settlement or compromise under section [3803(j)](/usc/31/3803.md?p=j) or [3806(f)](/usc/31/3806.md?p=f) of this title, may be collected by administrative offset under [section 3716 of this title](/usc/31/3716.md), except that an administrative offset may not be made under this subsection against a refund of an overpayment of Federal taxes, then or later owing by the United States to the [person](/usc/31/3801.md?p=a-6) liable for such penalty or assessment.
- (b) All amounts collected pursuant to this section shall be remitted to the Secretary of the Treasury for deposit in accordance with [section 3806(g) of this title](/usc/31/3806.md?p=g).

# §3808. Limitations

- (a) A notice to the [person](/usc/31/3801.md?p=a-6) alleged to be liable with respect to a [claim](/usc/31/3801.md?p=a-3) or [statement](/usc/31/3801.md?p=a-9) shall be mailed or delivered in accordance with [section 3803(d)(1)](/usc/31/3803.md?p=d-1) not later than the later of—
  - (1) 6 years after the date on which the violation of [section 3802](/usc/31/3802.md) is committed; or
  - (2) 3 years after the date on which facts [material](/usc/31/3801.md?p=a-10) to the action are known or reasonably should have been known by the [authority head](/usc/31/3801.md?p=a-2), but in no event more than 10 years after the date on which the violation is committed.
- (b) A civil action to recover a penalty or assessment under [section 3806 of this title](/usc/31/3806.md) shall be commenced within 3 years after the date on which the determination of liability for such penalty or assessment becomes final.
- (c) If at any time during the course of proceedings brought pursuant to this chapter the [authority head](/usc/31/3801.md?p=a-2) receives or discovers any specific information regarding bribery, gratuities, conflict of interest, or other corruption or similar activity in relation to a false [claim](/usc/31/3801.md?p=a-3) or [statement](/usc/31/3801.md?p=a-9), the [authority head](/usc/31/3801.md?p=a-2) shall immediately report such information to the Attorney General, and in the case of an [authority](/usc/31/3801.md?p=a-1) in which an Office of Inspector General is established by [chapter 4](/usc/5/chptI-ch4.md) of title 5 or by any other Federal law, to the Inspector General of that [authority](/usc/31/3801.md?p=a-1).

# §3809. Regulations


Within 180 days after the date of enactment of this chapter, each [authority head](/usc/31/3801.md?p=a-2) shall promulgate rules and regulations necessary to implement the provisions of this chapter. Such rules and regulations shall—

- (1) ensure that [investigating officials](/usc/31/3801.md?p=a-4) and [reviewing officials](/usc/31/3801.md?p=a-8) are not responsible for conducting the hearing required in [section 3803(f) of this title](/usc/31/3803.md?p=f), making the determinations required by subsections (f) and (h) of [section 3803 of this title](/usc/31/3803.md), or making collections under [section 3806 of this title](/usc/31/3806.md); and
- (2) require a [reviewing official](/usc/31/3801.md?p=a-8) to include in any notice required by [section 3803(a)(2) of this title](/usc/31/3803.md?p=a-2) a [statement](/usc/31/3801.md?p=a-9) which specifies that the [reviewing official](/usc/31/3801.md?p=a-8) has determined that there is a reasonable prospect of collecting, from a [person](/usc/31/3801.md?p=a-6) with respect to whom the [reviewing official](/usc/31/3801.md?p=a-8) is referring allegations of liability in such notice, the amount for which such [person](/usc/31/3801.md?p=a-6) may be liable.

# [§3810. Repealed. Pub. L. 104–66, title III, § 3001(c)(1), Dec. 21, 1995, 109 Stat. 734 — repealed]



# §3811. Effect on other law

- (a) This chapter does not diminish the responsibility of any [agency](#c) to comply with the provisions of [chapter 35](/usc/44/ch35.md) of title 44.
- (b) This chapter does not supersede the provisions of [section 3512 of title 44](/usc/44/3512.md).
- (c) For purposes of this section, the term “agency” has the same meaning as in [section 3502(1) of title 44](/usc/44/3502.md?p=1).

# §3812. Prohibition against delegation


Any function, duty, or responsibility which this chapter specifies be carried out by the Attorney General or an Assistant Attorney General designated by the Attorney General, shall not be delegated to, or carried out by, any other officer or employee of the Department of Justice.