Title 31Money and FinanceRelease 119-73

§3802 False claims and statements; liability

Title 31 › Subtitle SUBTITLE III— - FINANCIAL MANAGEMENT › Chapter CHAPTER 38— - ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS › § 3802

Last updated Apr 6, 2026|Official source

Summary

Makes a person legally responsible if they submit a claim or written statement to the government that they know or should have known is false. This covers claims supported by false paperwork, statements that leave out important facts when the person had a duty to include them, and claims for payment for goods or services that were not actually provided. It also covers written statements that are signed or certified as true but are false or misleading. A penalty based on a claim generally cannot be assessed if the government never paid the claim. For one kind of claim, any extra penalty cannot exceed twice the value of what was wrongfully withheld. A finding that there is enough evidence, or that a person is liable, may be used to start administrative or contract actions but does not force officials to act and is not by itself proof that the person must be suspended or barred from federal contracting.

Full Legal Text

Title 31, §3802

Money and Finance — Source: USLM XML via OLRC

(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,
(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,
(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,
(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.

Legislative History

Notes & Related Subsidiaries

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).

Reference

Citations & Metadata

Citation

31 U.S.C. § 3802

Title 31Money and Finance

Last Updated

Apr 6, 2026

Release point: 119-73