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31 U.S.C. § 3809 — Regulations

Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3809 — Regulations

Within 180 days after the date of enactment of this chapter, each authority head shall promulgate rules and regulations necessary to implement the provisions of this chapter. Such rules and regulations shall— (1) ensure that investigating officials and reviewing officials are not responsible for conducting the hearing required in [section 3803(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3803/f&num=0&edition=prelim), making the determinations required by subsections (f) and (h) of [section 3803 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3803&num=0&edition=prelim), or making collections under [section 3806 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3806&num=0&edition=prelim); and (2) require a reviewing official to include in any notice required by [section 3803(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3803/a/2&num=0&edition=prelim) a statement which specifies that the reviewing official has determined that there is a reasonable prospect of collecting, from a person with respect to whom the reviewing official is referring allegations of liability in such notice, the amount for which such person may be liable.

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Source location: Title 31, Chapter 38, § 3809; chapter-038-administrative-remedies-for-false-claims-and-statements.md

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3803 — Hearing and determinations

**(a)** (1) The investigating official of an authority may investigate allegations that a person is liable under [section 3802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3802&num=0&edition=prelim) and shall report the findings and conclusions of such investigation to the reviewing official of the authority. The preceding sentence does not modify any responsibility of an investigating official to report violations of criminal law to the Attorney General. (2) If the reviewing official of an authority determines, based upon the report of the investigating official under paragraph (1) of this subsection, that there is adequate evidence to believe that a person is liable under [section 3802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3802&num=0&edition=prelim), the reviewing official 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 of such authority. Such notice shall include— (A) a statement of the reasons of the reviewing official for the referral of such allegations; (B) a statement specifying the evidence which supports such allegations; (C) a description of the claims or statements for which liability under [section 3802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3802&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3802&num=0&edition=prelim); and (E) a statement of any exculpatory or mitigating circumstance

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3803/f&num=0&edition=prelim) or pursuant to judicial review under [section 3805 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3805&num=0&edition=prelim) 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) of this section. **(d)** Any action under subsection (b) of this section may, without regard to venue requirements, be joined and consolidated with or asserted as a counterclaim, cross-claim, or setoff by the United States in any other civil action which includes as parties the United States and the person against whom such action may be brought. **(e)** The United States Court of Federal Claims shall have jurisdiction of any action under subsection (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 to compromise or settle any penalty or assessment the determination

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3809 — Regulations

Page 358 TITLE 31—MONEY AND FINANCE § 3809 and in the case of an authority in which an Of- fice of Inspector General is established by chap- ter 4 of title 5 or by any other Federal law, to the Inspector General of that authority. (Added Pub. L. 99–509, title VI, § 6103(a), Oct. 21, 1986, 100 Stat. 1947; amended Pub. L. 117–286, § 4(b)(57), Dec. 27, 2022, 136 Stat. 4349; Pub. L. 118–159, div. E, title LII, § 5203(h), Dec. 23, 2024, 138 Stat. 2443.) Editorial Notes AMENDMENTS 2024—Subsec. (a). Pub. L. 118–159 added subsec. (a) and struck out former subsec. (a) which read as follows: ‘‘A hearing under section 3803(d)(2) of this title with re- spect to a claim or statement shall be commenced within 6 years after the date on which such claim or statement is made, presented, or submitted.’’ 2022—Subsec. (c). Pub. L. 117–286 substituted ‘‘chapter 4 of title 5’’ for ‘‘the Inspector General Act of 1978’’. § 3809. Regulations Within 180 days after the date of enactment of this chapter, each authority head shall promul- gate rules and regulations necessary to imple- ment the provisions of this chapter. Such rules and regulations shall— (1) ensure that investigating officials and re- viewing officials are not responsible for con- ducting the hearing required in section 3803(f) of this title, making the determinations re- quired by subsections (f) and (h) of section 3803 of this title, or making collections under sec- tion 3806 of this title; and (2) require a reviewing official to include in any notice required by section 3803(a)(2) of this title a statement which specifies that the re- viewing official has determined that there is a reasonable prospect of collecting, from a per- son with respect to whom the reviewing offi- cial is referring allegations of l

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