Notes on 31 U.S.C. § 3730 : US Code - Notes

Search Notes on 31 U.S.C. § 3730 : US Code - Notes

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 978; Pub. L. 99-562,
Secs. 3, 4, Oct. 27, 1986, 100 Stat. 3154, 3157; Pub. L. 100-700,
Sec. 9, Nov. 19, 1988, 102 Stat. 4638; Pub. L. 101-280, Sec. 10(a),
May 4, 1990, 104 Stat. 162; Pub. L. 103-272, Sec. 4(f)(1)(P), July
5, 1994, 108 Stat. 1362.)
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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3730(a) 31:233. R.S. Sec. 3492.
3730(b)( 31:232(A), (B)(less R.S. Sec. 3491(A)-(E);
1) words between 3d restated Dec. 23, 1943, ch.
and 4th commas). 377, Sec. 1, 57 Stat. 608;
June 11, 1960, Pub. L. 86-507,
Sec. 1(28), (29), 74 Stat. 202.
3730(b)( 31:232(C)(1st-3d
2) sentences, 5th
sentence proviso).
3730(b)( 31:232(C)(4th
3) sentence, 5th
sentence less
proviso).
3730(b)( 31:232(C)(last
4) sentence), (D).
3730(c)( 31:232(E)(1).
1)
3730(c)( 31:232(E)(2)(less
2) proviso).
3730(d) 31:232(B)(words
between 3d and 4th
commas),
(E)(2)(proviso).
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In the section, the words "civil action" are substituted for
"suit" for consistency in the revised title and with other titles
of the United States Code.
In subsection (a), the words "Attorney General" are substituted
for "several district attorneys of the United States [subsequently
changed to 'United States attorneys' because of section 1 of the
Act of June 25, 1948 (ch. 646, 62 Stat. 909)] for the respective
districts, for the District of Columbia, and for the several
Territories" because of 28:509. The words "by persons liable to
such suit" are omitted as surplus. The words "and found within
their respective districts or Territories" are omitted because of
the restatement. The words "If the Attorney General finds that a
person has violated or is violating section 3729, the Attorney
General may bring a civil action under this section against the
person" are substituted for "and to cause them to be proceeded
against in due form of law for the recovery of such forfeiture and
damages" for clarity and consistency. The words "as the district
judge may order" are omitted as surplus. The words "of the Attorney
General" are substituted for "the person bringing the suit" for
consistency in the section.
In subsection (b)(1), the words "Except as hereinafter provided"
are omitted as unnecessary. The words "for a violation of section
3729 of this title" are added because of the restatement. The words
"and carried on", "several" and "full power and" are omitted as
surplus. The words "of the action" are substituted for "to hear,
try, and determine such suit" to eliminate unnecessary words. The
words "Trial is in the judicial district within whose
jurisdictional limits the person charged with a violation is found
or the violation occurs" are substituted for "within whose
jurisdictional limits the person doing or committing such act shall
be found, shall wheresoever such act may have been done or
committed" for consistency in the revised title and with other
titles of the Code. The words "withdrawn or" and "judge of the" are
omitted as surplus. The words "Attorney General" are substituted
for "district attorney [subsequently changed to 'United States
attorneys' because of section 1 of the Act of June 25, 1948 (ch.
646, 62 Stat. 909)], first filed in the case" because of 28:509.
In subsection (b)(2), before clause (A), the words "bill of",
"Whenever any such suit shall be brought by any person under clause
(B) of this section" and "to the effective prosecution of such suit
or" are omitted as surplus. The words "served on the Government
under rule 4 of the Federal Rules of Civil Procedure (28 App.
U.S.C.)" are substituted for "notice . . . shall be given to the
United States by serving upon the United States Attorney for the
district in which such suit shall have been brought . . . and by
sending, by registered mail, or by certified mail, to the Attorney
General of the United States at Washington, District of Columbia"
because of 28:509 and to eliminate unnecessary words. The words
"proceed with the action" are added for clarity. Clause (A) is
substituted for "shall fail, or decline in writing to the court,
during said period of sixty days to enter any such suit" for
clarity and consistency. In clause (B), the words "a period of" and
"therein" are omitted as surplus.
In subsection (b)(3), the words "within said period" are omitted
as surplus. The words "proceeds with the action" are substituted
for "shall enter appearance in such suit" for consistency. The
words "In carrying on such suit" and "and may proceed in all
respects as if it were instituting the suit" are omitted as
surplus.
In subsection (b)(4), the words "Unless the Government proceeds
with the action" are added because of the restatement. The words
"shall dismiss an action brought by the person on discovering" are
substituted for "shall have no jurisdiction to proceed with any
such suit . . . or pending suit . . . whenever it shall be made to
appear that" to eliminate unnecessary words. The words "or any
agency, officer, or employee thereof" are omitted as unnecessary.
The text of 31:232(C)(last sentence proviso) and (D) is omitted as
executed.
In subsection (c), the words "herein provided", "fair and . . .
compensation to such person", and "involved therein, which shall be
collected" are omitted as surplus.
In subsection (c)(2), the words "whether heretofore or hereafter
brought" are omitted as unnecessary. The words "bringing the action
or settling the claim" are substituted for "who brought such suit
and prosecuted it to final judgment, or to settlement" for clarity
and consistency. The words "as provided in clause (B) of this
section" are omitted as unnecessary. The words "the civil penalty"
are substituted for "forfeiture" for clarity and consistency. The
words "to his own use", "the court may", and "to be allowed and
taxed according to any provision of law or rule of court in force,
or that shall be in force in suits between private parties in said
court" are omitted as surplus.
Subsection (d) is substituted for 31:232(B)(words between 3d and
4th commas) and (E)(2)(proviso) to eliminate unnecessary words.
REFERENCES IN TEXT
The Federal Rules of Civil Procedure, referred to in subsec.
(b)(2), (3), are set out in the Appendix to Title 28, Judiciary and
Judicial Procedure.
Section 101(f) of the Ethics in Government Act of 1978, referred
to in subsec. (e)(2)(B), is section 101(f) of Pub. L. 95-521, title
I, Oct. 26, 1978, 92 Stat. 1824, as amended, which was set out in
the Appendix to Title 5, Government Organization and Employees.
AMENDMENTS
1994 - Subsec. (e)(2)(B). Pub. L. 103-272 substituted "paragraphs
(1) through (8)" for "section paragraphs (1) through (8)".
1990 - Subsec. (e)(2)(B). Pub. L. 101-280 substituted "paragraphs
(1) through (8) of section 101(f)" for "201(f)".
1988 - Subsec. (c)(4). Pub. L. 100-700, Sec. 9(b)(1), which
directed amendment of section 3730 of title 28 by substituting
"with the action" for "with action" in subsec. (c)(4), was executed
to subsec. (c)(4) of this section as the probable intent of
Congress.
Subsec. (d)(3). Pub. L. 100-700, Sec. 9(a)(1), (2), added par.
(3). Former par. (3) redesignated (4).
Subsec. (d)(4). Pub. L. 100-700, Sec. 9(b)(2), which directed
amendment of section 3730 of title 28 by substituting "claim of the
person bringing the action" for "claim of the person bringing the
actions" in subsec. (d)(4), was executed to subsec. (d)(4) of this
section as the probable intent of Congress.
Pub. L. 100-700, Sec. 9(a)(1), redesignated former par. (3) as
(4).
1986 - Pub. L. 99-562, Sec. 3, amended section generally,
revising and expanding provisions of subsecs. (a) to (c), adding
subsecs. (d) and (e), redesignating former subsec. (d) as (f), and
adding subsec. (g).
Subsec. (h). Pub. L. 99-562, Sec. 4, added subsec. (h).
EFFECTIVE DATE OF 1990 AMENDMENT
Section 10(c) of Pub. L. 101-280 provided that: "The amendments
made by subsections (a) and (b) [amending this section and section
2397a of Title 10, Armed Forces] shall take effect on January 1,
1991."
(!1) So in original. Probably should be "General".
(!2) So in original. Probably should be "General".