---
kind: "section"
citation: "31 U.S.C. § 3802"
title: "31"
title_heading: "Money and Finance"
number: "3802"
heading: "False claims and statements; liability"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/31/3802"
units:
  - "Subtitle III — Financial Management"
  - "Chapter 38 — Administrative Remedies for False Claims and Statements"
---

# §3802. False claims and statements; liability

- (a)
  - (1) Any [person](/usc/31/3701.md?p=c) who makes, presents, or submits, or causes to be made, presented, or submitted, a [claim](/usc/31/3701.md?p=b-1) that the [person](/usc/31/3701.md?p=c) 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/31/3701.md?p=c) 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/31/3701.md?p=c) 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/31/3701.md?p=b-1). Except as provided in paragraph (3) of this subsection, such [person](/usc/31/3701.md?p=c) shall also be subject to an assessment, in lieu of damages sustained by the United States because of such [claim](/usc/31/3701.md?p=b-1), of not more than twice the amount of such [claim](/usc/31/3701.md?p=b-1), or the portion of such [claim](/usc/31/3701.md?p=b-1), which is determined under this chapter to be in violation of the preceding sentence.

  - (2) Any [person](/usc/31/3701.md?p=c) 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/31/3701.md?p=c) 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/31/3701.md?p=c) 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/31/3701.md?p=b-1) if payment by the Government has not been made on such [claim](/usc/31/3701.md?p=b-1).
    - (B) In the case of a [claim](/usc/31/3701.md?p=b-1) 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/31/3701.md?p=c) 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/31/3701.md?p=c) 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/31/3701.md?p=c) which is authorized by law and which is in addition to any action against such [person](/usc/31/3701.md?p=c) 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/31/3701.md?p=c) 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/31/3701.md?p=c)’s responsibility pursuant to Federal procurement laws and regulations.

## Source credit

(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.)

## Notes

### 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).