Notes on 31 U.S.C. § 3729 : US Code - Notes

Search Notes on 31 U.S.C. § 3729 : US Code - Notes

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 978; Pub. L. 99-562, Sec.
2, Oct. 27, 1986, 100 Stat. 3153; Pub. L. 103-272, Sec. 4(f)(1)(O),
July 5, 1994, 108 Stat. 1362.)
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
3729 31:231. R.S. Sec. 3490.
--------------------------------------------------------------------
In the section, before clause (1), the words "a member of an
armed force of the United States" are substituted for "in the
military or naval forces of the United States, or in the militia
called into or actually employed in the service of the United
States" and "military or naval service" for consistency with title
10. The words "is liable" are substituted for "shall forfeit and
pay" for consistency. The words "civil action" are substituted for
"suit" for consistency in the revised title and with other titles
of the United States Code. The words "and such forfeiture and
damages shall be sued for in the same suit" are omitted as
unnecessary because of rules 8 and 10 of the Federal Rules of Civil
Procedure (28 App. U.S.C.). In clauses (1)-(3), the words "false or
fraudulent" are substituted for "false, fictitious, or fraudulent"
and "Fraudulent or fictitious" to eliminate unnecessary words and
for consistency. In clause (1), the words "presents, or causes to
be presented" are substituted for "shall make or cause to be made,
or present or cause to be presented" for clarity and consistency
and to eliminate unnecessary words. The words "officer or employee
of the Government or a member of an armed force" are substituted
for "officer in the civil, military, or naval service of the United
States" for consistency in the revised title and with other titles
of the Code. The words "upon or against the Government of the
United States, or any department of the United States, or any
department or officer thereof" are omitted as surplus. In clause
(2), the word "knowingly" is substituted for "knowing the same to
contain any fraudulent or fictitious statement or entry" to
eliminate unnecessary words. The words "record or statement" are
substituted for "bill, receipt, voucher, roll, account, claim,
certificate, affidavit, or deposition" for consistency in the
revised title and with other titles of the Code. In clause (3), the
words "conspires to" are substituted for "enters into any
agreement, combination, or conspiracy" to eliminate unnecessary
words. The words "of the United States, or any department or
officer thereof" are omitted as surplus. In clause (4), the words
"charge", "or other", and "to any other person having authority to
receive the same" are omitted as surplus. In clause (5), the words
"document certifying receipt" are substituted for "certificate,
voucher, receipt, or other paper certifying the receipt" to
eliminate unnecessary words. The words "arms, ammunition,
provisions, clothing, or other", "to any other person", and "the
truth of" are omitted as surplus. In clause (6), the words "arms,
equipments, ammunition, clothes, military stores, or other" are
omitted as surplus. The words "member of an armed force" are
substituted for "soldier, officer, sailor, or other person called
into or employed in the military or naval service" for consistency
with title 10. The words "such soldier, sailor, officer, or other
person" are omitted as surplus.
REFERENCES IN TEXT
The Internal Revenue Code of 1986, referred to in subsec. (e), is
classified generally to Title 26, Internal Revenue Code.
AMENDMENTS
1994 - Subsec. (e). Pub. L. 103-272 substituted "1986" for
"1954".
1986 - Subsec. (a). Pub. L. 99-562, Sec. 2(1), designated
existing provisions as subsec. (a), inserted subsec. heading, and
substituted "Any person who" for "A person not a member of an armed
force of the United States is liable to the United States
Government for a civil penalty of $2,000, an amount equal to 2
times the amount of damages the Government sustains because of the
act of that person, and costs of the civil action, if the person"
in introductory provisions.
Subsec. (a)(1). Pub. L. 99-562, Sec. 2(2), substituted "United
States Government or a member of the Armed Forces of the United
States" for "Government or a member of an armed force".
Subsec. (a)(2). Pub. L. 99-562, Sec. 2(3), inserted "by the
Government" after "approved".
Subsec. (a)(4). Pub. L. 99-562, Sec. 2(4), substituted "control
of property" for "control of public property" and "by the
Government" for "in an armed force".
Subsec. (a)(5). Pub. L. 99-562, Sec. 2(5), substituted "by the
Government" for "in an armed force" and "true;" for "true; or".
Subsec. (a)(6). Pub. L. 99-562, Sec. 2(6), substituted "an
officer or employee of the Government, or a member of the Armed
Forces," for "a member of an armed force" and "property; or" for
"property."
Subsec. (a)(7). Pub. L. 99-562, Sec. 2(7), added par. (7).
Subsecs. (b) to (e). Pub. L. 99-562, Sec. 2(7), added subsecs.
(b) to (e).
INCREASED PENALTIES FOR FALSE CLAIMS IN DEFENSE PROCUREMENT
Pub. L. 99-145, title IX, Sec. 931(b), Nov. 8, 1985, 99 Stat.
699, provided that: "Notwithstanding section 3729 of title 31,
United States Code, the amount of the liability under that section
in the case of a person who makes a false claim related to a
contract with the Department of Defense shall be a civil penalty of
$2,000, an amount equal to three times the amount of the damages
the Government sustains because of the act of the person, and costs
of the civil action."
[Section 931(c) of Pub. L. 99-145 provided that section 931(b) is
applicable to claims made or presented on or after Nov. 8, 1985.]
Up
False claims