§3802. False claims and statements; liability

31 U.S.C. § 3802

(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)

(A)

Except as provided in subparagraph (B), 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)

In the case of a claim described in section 3801(a)(3)(C), an assessment shall not be made under the second sentence of paragraph (1) in an amount that is more than double the value of the property, services, or money that was wrongfully withheld from the authority.

(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.

Notes, amendments, and revision history

(Added Pub. L. 99–509, title VI, § 6103(a), Oct. 21, 1986, 100 Stat. 1937; amended Pub. L. 118–159, div. E, title LII, § 5203(b)(2), Dec. 23, 2024, 138 Stat. 2440.)

Editorial Notes

Amendments

2024—Subsec. (a)(3). Pub. L. 118–159 designated existing provisions as subpar. (A), substituted “Except as provided in subparagraph (B), an assessment” for “An assessment”, and added subpar. (B).