§ 3731. False claims procedure

Footnotes

1. 1 So in original. Probably should be preceded by “section”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1982

   Pub. L. 97–258 · 96 Stat. 979

   Enacted · 31 U.S.C. § 3731

   Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 979

   Source evidence

   Code source credit
   Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 979

2. 1986

   False Claims Amendments Act of 1986

   Pub. L. 99–562 § 5 · 100 Stat. 3153

   1. Added · 31 U.S.C. § 3731(b)(d)

      Pub. L. 99–562 added subsecs. (b) to (d)

   2. Struck · 31 U.S.C. § 3731(b)(d)

      Pub. L. 99–562 struck out former subsec. (b) which read as follows: “A civil action under section 3730 of this title must be brought within 6 years from the date the violation is committed.”

   Source evidence

   Code amendment note
   Subsecs. (b) to (d). Pub. L. 99–562 added subsecs. (b) to (d) and struck out former subsec. (b) which read as follows: “A civil action under section 3730 of this title must be brought within 6 years from the date the violation is committed.”

   Enacted provision · exact public law section
   SEC. 5. FALSE CLAIMS PROCEDURE. Section 3731 of title 31, United States Code, is amended by striking subsection (b) and inserting the following: “(b) A civil action under section 3730 may not be brought— “(1) more than 6 years after the date on which the violation of section 3729 is committed, or “(2) more than 3 years after the date when facts material to the right of action are known or reasonably should have been known by the official of the United States charged with responsibility to act in the circumstances, but in no event more than 10 years after the date on which the violation is committed, whichever occurs last. “(c) In any action brought under section 3730, the United States shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence. “(d) Notwithstanding any other provision of law, the Federal Rules of Criminal Procedure, or the Federal 28 USC app. Rules of Evidence, a final judgment rendered in favor of the United States in any criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, shall estop the defendant from denying the essential elements of the offense in any action which involves the same transaction as in the criminal proceeding and which is brought under subsection (a) or (b) of section 3730.”.

3. 2009

   Fraud Enforcement and Recovery Act of 2009

   Pub. L. 111–21 § 4(b) · 123 Stat. 1617

   1. Added · 31 U.S.C. § 3731(c)(e)

      Pub. L. 111–21, which directed amendment of section “3731(b)” of this title by adding subsec. (c)

   2. Redesignated · 31 U.S.C. § 3731(c)(e)

      Pub. L. 111–21, which directed amendment of section “3731(b)” of this title by redesignating former subsecs. (c) and (d) as (d) and (e), respectively, was executed by making the amendment to this section, to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Subsecs. (c) to (e). Pub. L. 111–21, which directed amendment of section “3731(b)” of this title by adding subsec. (c) and redesignating former subsecs. (c) and (d) as (d) and (e), respectively, was executed by making the amendment to this section, to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (b) Intervention by the Government.— Section 3731(b) of title 31, United States Code, is amended— (1) by redesignating subsection (c) as subsection (d); (2) by redesignating subsection (d) as subsection (e); and (3) by inserting the new subsection (c): “(c) If the Government elects to intervene and proceed with an action brought under 3730(b), the Government may file its own complaint or amend the complaint of a person who has brought an action under section 3730(b) to clarify or add detail to the claims in which the Government is intervening and to add any additional claims with respect to which the Government contends it is entitled to relief. For statute of limitations purposes, any such Government pleading shall relate back to the filing date of the complaint of the person who originally brought the action, to the extent that the claim of the Government arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the prior complaint of that person.” .

   Effective date note
   Amendment by Pub. L. 111–21 effective May 20, 2009, and applicable to conduct on or after May 20, 2009, except that this section, as amended by Pub. L. 111–21, applicable to cases pending on May 20, 2009, see section 4(f) of Pub. L. 111–21, set out as a note under section 3729 of this title.

4 of 5 references resolved to an enrolled provision · 1 partial