-CITE-

31 USC CHAPTER 38 - ADMINISTRATIVE REMEDIES FOR FALSE

CLAIMS AND STATEMENTS 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 38 - ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS

-HEAD-

CHAPTER 38 - ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND

STATEMENTS

-MISC1-

Sec.

3801. Definitions.

3802. False claims and statements; liability.

3803. Hearing and determinations.

3804. Subpoena authority.

3805. Judicial review.

3806. Collection of civil penalties and assessments.

3807. Right to administrative offset.

3808. Limitations.

3809. Regulations.

[3810. Repealed.]

3811. Effect on other law.

3812. Prohibition against delegation.

AMENDMENTS

1995 - Pub. L. 104-66, title III, Sec. 3001(c)(2), Dec. 21, 1995,

109 Stat. 734, struck out item 3810 "Reports".

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 5 section 504; title 15

sections 637, 645; title 42 section 1395i.

-End-

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31 USC Sec. 3801 01/06/03

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TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 38 - ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS

-HEAD-

Sec. 3801. Definitions

-STATUTE-

(a) For purposes of this chapter -

(1) "authority" means -

(A) an executive department;

(B) a military department;

(C) an establishment (as such term is defined in section

11(2) of the Inspector General Act of 1978) which is not an

executive department; and

(D) the United States Postal Service;

(2) "authority head" means -

(A) the head of an authority; or

(B) an official or employee of the authority designated, in

regulations promulgated by the head of the authority, to act on

behalf of the head of the authority;

(3) "claim" means any request, demand, or submission -

(A) made to an authority for property, services, or money

(including money representing grants, loans, insurance, or

benefits);

(B) made to a recipient of property, services, or money from

an authority or to a party to a contract with an authority -

(i) for property or services if the United States -

(I) provided such property or services;

(II) provided any portion of the funds for the purchase

of such property or services; or

(III) will reimburse such recipient or party for the

purchase of such property or services; or

(ii) for the payment of money (including money representing

grants, loans, insurance, or benefits) if the United States -

(I) provided any portion of the money requested or

demanded; or

(II) will reimburse such recipient or party for any

portion of the money paid on such request or demand; or

(C) made to an authority which has the effect of decreasing

an obligation to pay or account for property, services, or

money,

except that such term does not include any claim made in any

return of tax imposed by the Internal Revenue Code of 1986;

(4) "investigating official" means an individual who -

(A)(i) in the case of an authority in which an Office of

Inspector General is established by the Inspector General Act

of 1978 or by any other Federal law, is the Inspector General

of that authority or an officer or employee of such Office

designated by the Inspector General;

(ii) in the case of an authority in which an Office of

Inspector General is not established by the Inspector General

Act of 1978 or by any other Federal law, is an officer or

employee of the authority designated by the authority head to

conduct investigations under section 3803(a)(1) of this title;

or

(iii) in the case of a military department, is the Inspector

General of the Department of Defense or an officer or employee

of the Office of Inspector General of the Department of Defense

who is designated by the Inspector General; and

(B) who, if a member of the Armed Forces of the United States

on active duty, is serving in grade O-7 or above or, if a

civilian employee, is serving in a position for which the rate

of basic pay is not less than the minimum rate of basic pay for

grade GS-16 under the General Schedule;

(5) "knows or has reason to know", for purposes of establishing

liability under section 3802, means that a person, with respect

to a claim or statement -

(A) has actual knowledge that the claim or statement is

false, fictitious, or fraudulent;

(B) acts in deliberate ignorance of the truth or falsity of

the claim or statement; or

(C) acts in reckless disregard of the truth or falsity of the

claim or statement,

and no proof of specific intent to defraud is required;

(6) "person" means any individual, partnership, corporation,

association, or private organization;

(7) "presiding officer" means -

(A) in the case of an authority to which the provisions of

subchapter II of chapter 5 of title 5 apply, an administrative

law judge appointed in the authority pursuant to section 3105

of such title or detailed to the authority pursuant to section

3344 of such title; or

(B) in the case of an authority to which the provisions of

such subchapter do not apply, an officer or employee of the

authority who -

(i) is selected under chapter 33 of title 5 pursuant to the

competitive examination process applicable to administrative

law judges;

(ii) is appointed by the authority head to conduct hearings

under section 3803 of this title;

(iii) is assigned to cases in rotation so far as

practicable;

(iv) may not perform duties inconsistent with the duties

and responsibilities of a presiding officer;

(v) is entitled to pay prescribed by the Office of

Personnel Management independently of ratings and

recommendations made by the authority and in accordance with

chapter 51 of such title and subchapter III of chapter 53 of

such title;

(vi) is not subject to performance appraisal pursuant to

chapter 43 of such title; and

(vii) may be removed, suspended, furloughed, or reduced in

grade or pay only for good cause established and determined

by the Merit Systems Protection Board on the record after

opportunity for hearing by such Board;

(8) "reviewing official" means any officer or employee of an

authority -

(A) who is designated by the authority head to make the

determination required under section 3803(a)(2) of this title;

(B) who, if a member of the Armed Forces of the United States

on active duty, is serving in grade O-7 or above or, if a

civilian employee, is serving in a position for which the rate

of basic pay is not less than the minimum rate of basic pay for

grade GS-16 under the General Schedule; and

(C) who is -

(i) not subject to supervision by, or required to report

to, the investigating official; and

(ii) not employed in the organizational unit of the

authority in which the investigating official is employed;

and

(9) "statement" means any representation, certification,

affirmation, document, record, or accounting or bookkeeping entry

made -

(A) with respect to a claim or to obtain the approval or

payment of a claim (including relating to eligibility to make a

claim); or

(B) with respect to (including relating to eligibility for) -

(i) a contract with, or a bid or proposal for a contract

with; or

(ii) a grant, loan, or benefit from,

an authority, or any State, political subdivision of a State,

or other party, if the United States Government provides any

portion of the money or property under such contract or for

such grant, loan, or benefit, or if the Government will

reimburse such State, political subdivision, or party for any

portion of the money or property under such contract or for

such grant, loan, or benefit,

except that such term does not include any statement made in any

return of tax imposed by the Internal Revenue Code of 1986.

(b) For purposes of paragraph (3) of subsection (a) -

(1) each voucher, invoice, claim form, or other individual

request or demand for property, services, or money constitutes a

separate claim;

(2) each claim for property, services, or money is subject to

this chapter regardless of whether such property, services, or

money is actually delivered or paid; and

(3) a claim shall be considered made, presented, or submitted

to an authority, recipient, or party when such claim is actually

made to an agent, fiscal intermediary, or other entity, including

any State or political subdivision thereof, acting for or on

behalf of such authority, recipient, or party.

(c) For purposes of paragraph (9) of subsection (a) -

(1) each written representation, certification, or affirmation

constitutes a separate statement; and

(2) a statement shall be considered made, presented, or

submitted to an authority when such statement is actually made to

an agent, fiscal intermediary, or other entity, including any

State or political subdivision thereof, acting for or on behalf

of such authority.

-SOURCE-

(Added Pub. L. 99-509, title VI, Sec. 6103(a), Oct. 21, 1986, 100

Stat. 1934; amended Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100

Stat. 2095; Pub. L. 103-272, Sec. 4(f)(1)(Q), July 5, 1994, 108

Stat. 1362.)

-REFTEXT-

REFERENCES IN TEXT

The Inspector General Act of 1978, referred to in subsec.

(a)(1)(C), (4)(A), is Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101,

as amended, which is set out in the Appendix to Title 5, Government

Organization and Employees.

The Internal Revenue Code of 1986, referred to in subsec. (a)(3),

(9), is classified generally to Title 26, Internal Revenue Code.

-MISC1-

AMENDMENTS

1994 - Subsec. (a)(7)(B)(ii). Pub. L. 103-272 substituted

"section 3803 of this title" for "section 3803 of such title".

1986 - Subsec. (a)(3), (9). Pub. L. 99-514 substituted "Internal

Revenue Code of 1986" for "Internal Revenue Code of 1954".

EFFECTIVE DATE

Section 6104 of subtitle B (Secs. 6101-6104) of title VI of Pub.

L. 99-509 provided that: "This subtitle and the amendments made by

this subtitle [see Short Title note below] shall take effect on the

date of enactment of this Act [Oct. 21, 1986], and shall apply to

any claim or statement made, presented, or submitted on or after

such date."

SHORT TITLE

Section 6101 of subtitle B (Secs. 6101-6104) of title VI of Pub.

L. 99-509 provided that: "This subtitle [enacting this chapter,

amending section 504 of Title 5, Government Organization and

Employees, and enacting provisions set out as notes under this

section] may be cited as the 'Program Fraud Civil Remedies Act of

1986'."

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

CONGRESSIONAL FINDINGS AND PURPOSES

Section 6102 of subtitle B (Secs. 6101-6104) of title VI of Pub.

L. 99-509 provided that:

"(a) Findings. - The Congress finds that -

"(1) false, fictitious, and fraudulent claims and statements in

Government programs are a serious problem;

"(2) false, fictitious, and fraudulent claims and statements in

Government programs result in the loss of millions of dollars

annually by allowing persons to receive Federal funds to which

they are not entitled;

"(3) false, fictitious, and fraudulent claims and statements in

Government programs undermine the integrity of such programs by

allowing ineligible persons to participate in such programs; and

"(4) present civil and criminal remedies for such claims and

statements are not sufficiently responsive.

"(b) Purposes. - The purposes of this subtitle [see Short Title

note above] are -

"(1) to provide Federal agencies which are the victims of

false, fictitious, and fraudulent claims and statements with an

administrative remedy to recompense such agencies for losses

resulting from such claims and statements, to permit

administrative proceedings to be brought against persons who

make, present, or submit such claims and statements, and to deter

the making, presenting, and submitting of such claims and

statements in the future; and

"(2) to provide due process protections to all persons who are

subject to the administrative adjudication of false, fictitious,

or fraudulent claims or statements."

-End-

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31 USC Sec. 3802 01/06/03

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TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 38 - ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS

-HEAD-

Sec. 3802. False claims and statements; liability

-STATUTE-

(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,

shall be subject to, in addition to any other remedy that may be

prescribed by law, a civil penalty of not more than $5,000 for each

such claim. Except as provided in paragraph (3) of this subsection,

such person shall also be subject to an assessment, in lieu of

damages sustained by the United States because of such claim, of

not more than twice the amount of such claim, or the portion of

such claim, which is determined under this chapter to be in

violation of the preceding sentence.

(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,

shall be subject to, in addition to any other remedy that may be

prescribed by law, a civil penalty of not more than $5,000 for each

such statement.

(3) 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)(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,

may provide the authority with grounds for commencing any

administrative or contractual action against such person which is

authorized by law and which is in addition to any action against

such person under this chapter.

(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.

-SOURCE-

(Added Pub. L. 99-509, title VI, Sec. 6103(a), Oct. 21, 1986, 100

Stat. 1937.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3801, 3803, 3805 of this

title.

-End-

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31 USC Sec. 3803 01/06/03

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TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 38 - ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS

-HEAD-

Sec. 3803. Hearing and determinations

-STATUTE-

(a)(1) The investigating official of an authority may investigate

allegations that a person is liable under section 3802 of this

title 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, 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 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; and

(E) a statement of any exculpatory or mitigating circumstances

which may relate to such claims or statements.

(b)(1) Within 90 days after receipt of a notice from a reviewing

official under paragraph (2) of subsection (a), the Attorney

General or an Assistant Attorney General designated by the Attorney

General shall transmit a written statement to the reviewing

official which specifies -

(A) that the Attorney General or such Assistant Attorney

General approves or disapproves the referral to a presiding

officer of the allegations of liability stated in such notice;

(B) in any case in which the referral of allegations is

approved, that the initiation of a proceeding under this section

with respect to such allegations is appropriate; and

(C) in any case in which the referral of allegations is

disapproved, the reasons for such disapproval.

(2) A reviewing official may refer allegations of liability to a

presiding officer only if the Attorney General or an Assistant

Attorney General designated by the Attorney General approves the

referral of such allegations in a written statement described in

paragraph (1) of this subsection.

(3) If the Attorney General or an Assistant Attorney General

designated by the Attorney General transmits to an authority head a

written finding that the continuation of any hearing under this

section with respect to a claim or statement may adversely affect

any pending or potential criminal or civil action related to such

claim or statement, such hearing shall be immediately stayed and

may be resumed only upon written authorization of the Attorney

General.

(c)(1) No allegations of liability under section 3802 of this

title with respect to any claim made, presented, or submitted by

any person shall be referred to a presiding officer under paragraph

(2) of subsection (b) if the reviewing official determines that -

(A) an amount of money in excess of $150,000; or

(B) property or services with a value in excess of $150,000,

is requested or demanded in violation of section 3802 of this title

in such claim or in a group of related claims which are submitted

at the time such claim is submitted.

(2)(A) Except as provided in subparagraph (B) of this paragraph,

no allegations of liability against an individual under section

3802 of this title with respect to any claim or statement made,

presented, or submitted, or caused to be made, presented, or

submitted, by such individual relating to any benefits received by

such individual shall be referred to a presiding officer under

paragraph (2) of subsection (b).

(B) Allegations of liability against an individual under section

3802 of this title with respect to any claim or statement made,

presented, or submitted, or caused to be made, presented, or

submitted, by such individual relating to any benefits received by

such individual may be referred to a presiding officer under

paragraph (2) of subsection (b) if -

(i) such claim or statement is made by such individual in

making application for such benefits;

(ii) such allegations relate to the eligibility of such

individual to receive such benefits; and

(iii) with respect to such claim or statement, the individual -

(I) has actual knowledge that the claim or statement is

false, fictitious, or fraudulent;

(II) acts in deliberate ignorance of the truth or falsity of

the claim or statement; or

(III) acts in reckless disregard of the truth or falsity of

the claim or statement.

(C) For purposes of this subsection, the term "benefits" means -

(i) benefits under the supplemental security income program

under title XVI of the Social Security Act;

(ii) old age, survivors, and disability insurance benefits

under title II of the Social Security Act;

(iii) benefits under title XVIII of the Social Security Act;

(iv) assistance under a State program funded under part A of

title IV of the Social Security Act;

(v) medical assistance under a State plan approved under

section 1902(a) of the Social Security Act;

(vi) benefits under title XX of the Social Security Act;

(vii) benefits under the food stamp program (as defined in

section 3(h) of the Food Stamp Act of 1977);

(viii) benefits under chapters 11, 13, 15, 17, and 21 of title

38;

(ix) benefits under the Black Lung Benefits Act;

(x) benefits under the special supplemental nutrition program

for women, infants, and children established under section 17 of

the Child Nutrition Act of 1966;

(xi) benefits under section 336 of the Older Americans Act;

(xii) any annuity or other benefit under the Railroad

Retirement Act of 1974;

(xiii) benefits under the Richard B. Russell National School

Lunch Act;

(xiv) benefits under any housing assistance program for lower

income families or elderly or handicapped persons which is

administered by the Secretary of Housing and Urban Development or

the Secretary of Agriculture;

(xv) benefits under the Low-Income Home Energy Assistance Act

of 1981; and

(xvi) benefits under part A of the Energy Conservation in

Existing Buildings Act of 1976,

which are intended for the personal use of the individual who

receives the benefits or for a member of the individual's family.

(d)(1) On or after the date on which a reviewing official is

permitted to refer allegations of liability to a presiding officer

under subsection (b) of this section, the reviewing official shall

mail, by registered or certified mail, or shall deliver, a notice

to the person alleged to be liable under section 3802 of this

title. Such notice shall specify the allegations of liability

against such person and shall state the right of such person to

request a hearing with respect to such allegations.

(2) If, within 30 days after receiving a notice under paragraph

(1) of this subsection, the person receiving such notice requests a

hearing with respect to the allegations contained in such notice -

(A) the reviewing official shall refer such allegations to a

presiding officer for the commencement of such hearing; and

(B) the presiding officer shall commence such hearing by

mailing by registered or certified mail, or by delivery of, a

notice which complies with paragraphs (2)(A) and (3)(B)(i) of

subsection (g) to such person.

(e)(1)(A) Except as provided in subparagraph (B) of this

paragraph, at any time after receiving a notice under paragraph

(2)(B) of subsection (d), the person receiving such notice shall be

entitled to review, and upon payment of a reasonable fee for

duplication, shall be entitled to obtain a copy of, all relevant

and material documents, transcripts, records, and other materials,

which relate to such allegations and upon which the findings and

conclusions of the investigating official under paragraph (1) of

subsection (a) are based.

(B) A person is not entitled under subparagraph (A) to review and

obtain a copy of any document, transcript, record, or material

which is privileged under Federal law.

(2) At any time after receiving a notice under paragraph (2)(B)

of subsection (d), the person receiving such notice shall be

entitled to obtain all exculpatory information in the possession of

the investigating official or the reviewing official relating to

the allegations contained in such notice. The provisions of

subparagraph (B) of paragraph (1) do not apply to any document,

transcript, record, or other material, or any portion thereof, in

which such exculpatory information is contained.

(f) Any hearing commenced under paragraph (2) of subsection (d)

shall be conducted by the presiding officer on the record in order

to determine -

(1) the liability of a person under section 3802 of this title;

and

(2) if a person is determined to be liable under such section,

the amount of any civil penalty or assessment to be imposed on

such person.

Any such determination shall be based on the preponderance of the

evidence.

(g)(1) Each hearing under subsection (f) of this section shall be

conducted -

(A) in the case of an authority to which the provisions of

subchapter II of chapter 5 of title 5 apply, in accordance with -

(i) the provisions of such subchapter to the extent that such

provisions are not inconsistent with the provisions of this

chapter; and

(ii) procedures promulgated by the authority head under

paragraph (3) of this subsection; or

(B) in the case of an authority to which the provisions of such

subchapter do not apply, in accordance with procedures

promulgated by the authority head under paragraphs (2) and (3) of

this subsection.

(2) An authority head of an authority described in subparagraph

(B) of paragraph (1) shall by regulation promulgate procedures for

the conduct of hearings under this chapter. Such procedures shall

include:

(A) The provision of written notice of the hearing to any

person alleged to be liable under section 3802 of this title,

including written notice of -

(i) the time, place, and nature of the hearing;

(ii) the legal authority and jurisdiction under which the

hearing is to be held; and

(iii) the matters of facts and law to be asserted.

(B) The provision to any person alleged to be liable under

section 3802 of this title of opportunities for the submission of

facts, arguments, offers of settlement, or proposals of

adjustment.

(C) Procedures to ensure that the presiding officer shall not,

except to the extent required for the disposition of ex parte

matters as authorized by law -

(i) consult a person or party on a fact in issue, unless on

notice and opportunity for all parties to the hearing to

participate; or

(ii) be responsible to or subject to the supervision or

direction of the investigating official or the reviewing

official.

(D) Procedures to ensure that the investigating official and

the reviewing official do not participate or advise in the

decision required under subsection (h) of this section or the

review of the decision by the authority head under subsection (i)

of this section, except as provided in subsection (j) of this

section.

(E) The provision to any person alleged to be liable under

section 3802 of this title of opportunities to present such

person's case through oral or documentary evidence, to submit

rebuttal evidence, and to conduct such cross-examination as may

be required for a full and true disclosure of the facts.

(F) Procedures to permit any person alleged to be liable under

section 3802 of this title to be accompanied, represented, and

advised by counsel or such other qualified representative as the

authority head may specify in such regulations.

(G) Procedures to ensure that the hearing is conducted in an

impartial manner, including procedures to -

(i) permit the presiding officer to at any time disqualify

himself; and

(ii) permit the filing, in good faith, of a timely and

sufficient affidavit alleging personal bias or another reason

for disqualification of a presiding officer or a reviewing

official.

(3)(A) Each authority head shall promulgate by regulation

procedures described in subparagraph (B) of this paragraph for the

conduct of hearings under this chapter. Such procedures shall be in

addition to the procedures described in paragraph (1) or paragraph

(2) of this subsection, as the case may be.

(B) The procedures referred to in subparagraph (A) of this

paragraph are:

(i) Procedures for the inclusion, in any written notice of a

hearing under this section to any person alleged to be liable

under section 3802 of this title, of a description of the

procedures for the conduct of the hearing.

(ii) Procedures to permit discovery by any person alleged to be

liable under section 3802 of this title only to the extent that

the presiding officer determines that such discovery is necessary

for the expeditious, fair, and reasonable consideration of the

issues, except that such procedures shall not apply to documents,

transcripts, records, or other material which a person is

entitled to review under paragraph (1) of subsection (e) or to

information to which a person is entitled under paragraph (2) of

such subsection. Procedures promulgated under this clause shall

prohibit the discovery of the notice required under subsection

(a)(2) of this section.

(4) Each hearing under subsection (f) of this section shall be

held -

(A) in the judicial district of the United States in which the

person alleged to be liable under section 3802 of this title

resides or transacts business;

(B) in the judicial district of the United States in which the

claim or statement upon which the allegation of liability under

such section was made, presented, or submitted; or

(C) in such other place as may be agreed upon by such person

and the presiding officer who will conduct such hearing.

(h) The presiding officer shall issue a written decision,

including findings and determinations, after the conclusion of the

hearing. Such decision shall include the findings of fact and

conclusions of law which the presiding officer relied upon in

determining whether a person is liable under this chapter. The

presiding officer shall promptly send to each party to the hearing

a copy of such decision and a statement describing the right of any

person determined to be liable under section 3802 of this title to

appeal the decision of the presiding officer to the authority head

under paragraph (2) of subsection (i).

(i)(1) Except as provided in paragraph (2) of this subsection and

section 3805 of this title, the decision, including the findings

and determinations, of the presiding officer issued under

subsection (h) of this section are final.

(2)(A)(i) Except as provided in clause (ii) of this subparagraph,

within 30 days after the presiding officer issues a decision under

subsection (h) of this section, any person determined in such

decision to be liable under section 3802 of this title may appeal

such decision to the authority head.

(ii) If, within the 30-day period described in clause (i) of this

subparagraph, a person determined to be liable under this chapter

requests the authority head for an extension of such 30-day period

to file an appeal of a decision issued by the presiding officer

under subsection (h) of this section, the authority head may extend

such period if such person demonstrates good cause for such

extension.

(B) Any authority head reviewing under this section the decision,

findings, and determinations of a presiding officer shall not

consider any objection that was not raised in the hearing conducted

pursuant to subsection (f) of this section unless a demonstration

is made of extraordinary circumstances causing the failure to raise

the objection. If any party demonstrates to the satisfaction of the

authority head that additional evidence not presented at such

hearing is material and that there were reasonable grounds for the

failure to present such evidence at such hearing, the authority

head shall remand the matter to the presiding officer for

consideration of such additional evidence.

(C) The authority head may affirm, reduce, reverse, compromise,

remand, or settle any penalty or assessment determined by the

presiding officer pursuant to this section. The authority head

shall promptly send to each party to the appeal a copy of the

decision of the authority head and a statement describing the right

of any person determined to be liable under section 3802 of this

title to judicial review under section 3805 of this title.

(j) The reviewing official has the exclusive authority to

compromise or settle any allegations of liability under section

3802 of this title against a person without the consent of the

presiding officer at any time after the date on which the reviewing

official is permitted to refer allegations of liability to a

presiding officer under subsection (b) of this section and prior to

the date on which the presiding officer issues a decision under

subsection (h) of this section. Any such compromise or settlement

shall be in writing.

-SOURCE-

(Added Pub. L. 99-509, title VI, Sec. 6103(a), Oct. 21, 1986, 100

Stat. 1939; amended Pub. L. 103-448, title II, Sec. 204(w)(2)(C),

Nov. 2, 1994, 108 Stat. 4746; Pub. L. 104-193, title I, Sec.

110(o), Aug. 22, 1996, 110 Stat. 2175; Pub. L. 106-78, title VII,

Sec. 752(b)(13), Oct. 22, 1999, 113 Stat. 1169.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (c)(2)(C)(i) to

(vi), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended.

Titles II, XVI, XVIII, and XX of the Act are classified generally

to subchapters II (Sec. 401 et seq.), XVI (Sec. 1381 et seq.),

XVIII (Sec. 1395 et seq.), and XX (Sec. 1397 et seq.),

respectively, of chapter 7 of Title 42, The Public Health and

Welfare. Part A of title IV of the Act is classified generally to

part A (Sec. 601 et seq.) of subchapter IV of chapter 7 of Title

42. Section 1902(a) of the Act is classified to section 1396a(a) of

Title 42. For complete classification of this Act to the Code, see

section 1305 of Title 42 and Tables.

Section 3(h) of the Food Stamp Act of 1977, referred to in

subsec. (c)(2)(C)(vii), is classified to section 2012(h) of Title

7, Agriculture.

The Black Lung Benefits Act, referred to in subsec.

(c)(2)(C)(ix), is title IV of Pub. L. 91-173, Dec. 30, 1969, 83

Stat. 792, as amended, which is classified generally to subchapter

IV (Sec. 901 et seq.) of chapter 22 of Title 30, Mineral Lands and

Mining. For complete classification of this Act to the Code, see

section 901(b) of Title 30 and Tables.

Section 17 of the Child Nutrition Act of 1966, referred to in

subsec. (c)(2)(C)(x), is classified to section 1786 of Title 42,

The Public Health and Welfare.

Section 336 of the Older Americans Act, referred to in subsec.

(c)(2)(C)(xi), probably means section 336 of the Older Americans

Act of 1965, which is classified to section 3030f of Title 42.

The Railroad Retirement Act of 1974, referred to in subsec.

(c)(2)(C)(xii), is act Aug. 29, 1935, ch. 812, as amended generally

by Pub. L. 93-445, title I, Sec. 101, Oct. 16, 1974, 88 Stat. 1305,

which is classified generally to subchapter IV (Sec. 231 et seq.)

of chapter 9 of Title 45, Railroads. For further details and

complete classification of this Act to the Code, see Codification

note set out preceding section 231 of Title 45, section 231t of

Title 45, and Tables.

The Richard B. Russell National School Lunch Act, referred to in

subsec. (c)(2)(C)(xiii), is act June 4, 1946, ch. 281, 60 Stat.

230, as amended, which is classified generally to chapter 13 (Sec.

1751 et seq.) of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see Short Title

note set out under section 1751 of Title 42 and Tables.

The Low-Income Home Energy Assistance Act of 1981, referred to in

subsec. (c)(2)(C)(xv), is title XXVI of Pub. L. 97-35, Aug. 13,

1981, 95 Stat. 893, as amended, which is classified generally to

subchapter II (Sec. 8621 et seq.) of chapter 94 of Title 42. For

complete classification of this Act to the Code, see Short Title

note set out under section 8621 of Title 42 and Tables.

The Energy Conservation in Existing Buildings Act of 1976,

referred to in subsec. (c)(2)(C)(xvi), is title IV of Pub. L.

94-385, Aug. 14, 1976, 90 Stat. 1150, as amended. Part A of the

Energy Conservation in Existing Buildings Act of 1976 is classified

generally to Part A (Sec. 6861 et seq.) of subchapter III of

chapter 81 of Title 42. For complete classification of this Act to

the Code, see Short Title note set out under section 6801 of Title

42 and Tables.

-MISC1-

AMENDMENTS

1999 - Subsec. (c)(2)(C)(xiii). Pub. L. 106-78 substituted

"Richard B. Russell National School Lunch Act" for "National School

Lunch Act".

1996 - Subsec. (c)(2)(C)(iv). Pub. L. 104-193 amended cl. (iv)

generally. Prior to amendment, cl. (iv) read as follows: "aid to

families with dependent children under a State plan approved under

section 402(a) of the Social Security Act;".

1994 - Subsec. (c)(2)(C)(x). Pub. L. 103-448 substituted "special

supplemental nutrition program" for "special supplemental food

program".

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-193 effective July 1, 1997, with

transition rules relating to State options to accelerate such date,

rules relating to claims, actions, and proceedings commenced before

such date, rules relating to closing out of accounts for terminated

or substantially modified programs and continuance in office of

Assistant Secretary for Family Support, and provisions relating to

termination of entitlement under AFDC program, see section 116 of

Pub. L. 104-193, as amended, set out as an Effective Date note

under section 601 of Title 42, The Public Health and Welfare.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-448 effective Oct. 1, 1994, see section

401 of Pub. L. 103-448, set out as a note under section 1755 of

Title 42, The Public Health and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1352, 3801, 3802, 3804,

3805, 3806, 3807, 3808, 3809 of this title; title 42 section 7385e;

title 50 App. sections 1989b-4, 1989c-5.

-End-

-CITE-

31 USC Sec. 3804 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 38 - ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS

-HEAD-

Sec. 3804. Subpoena authority

-STATUTE-

(a) For the purposes of an investigation under section 3803(a)(1)

of this title, an investigating official is authorized to require

by subpoena the production of all information, documents, reports,

answers, records, accounts, papers, and data not otherwise

reasonably available to the authority.

(b) For the purposes of conducting a hearing under section

3803(f) of this title, a presiding officer is authorized -

(1) to administer oaths or affirmations; and

(2) to require by subpoena the attendance and testimony of

witnesses and the production of all information, documents,

reports, answers, records, accounts, papers, and other data and

documentary evidence which the presiding officer considers

relevant and material to the hearing.

(c) In the case of contumacy or refusal to obey a subpoena issued

pursuant to subsection (a) or (b) of this section, the district

courts of the United States shall have jurisdiction to issue an

appropriate order for the enforcement of any such subpoena. Any

failure to obey such order of the court is punishable by such court

as contempt. In any case in which an authority seeks the

enforcement of a subpoena issued pursuant to subsection (a) or (b)

of this section, the authority shall request the Attorney General

to petition any district court in which a hearing under this

chapter is being conducted, or in which the person receiving the

subpoena resides or conducts business, to issue such an order.

-SOURCE-

(Added Pub. L. 99-509, title VI, Sec. 6103(a), Oct. 21, 1986, 100

Stat. 1944.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1352 of this title.

-End-

-CITE-

31 USC Sec. 3805 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 38 - ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS

-HEAD-

Sec. 3805. Judicial review

-STATUTE-

(a)(1) A determination by a reviewing official under section 3803

of this title shall be final and shall not be subject to judicial

review.

(2) Unless a petition is filed under this section, a

determination under section 3803 of this title that a person is

liable under section 3802 of this title shall be final and shall

not be subject to judicial review.

(b)(1)(A) Any person who has been determined to be liable under

section 3802 of this title pursuant to section 3803 of this title

may obtain review of such determination in -

(i) the United States district court for the district in which

such person resides or transacts business;

(ii) the United States district court for the district in which

the claim or statement upon which the determination of liability

is based was made, presented, or submitted; or

(iii) the United States District Court for the District of

Columbia.

(B) Such review may be obtained by filing in any such court a

written petition that such determination be modified or set aside.

Such petition shall be filed -

(i) only after such person has exhausted all administrative

remedies under this chapter; and

(ii) within 60 days after the date on which the authority head

sends such person a copy of the decision of such authority head

under section 3803(i)(2) of this title.

(2) The clerk of the court shall transmit a copy of a petition

filed under paragraph (1) of this subsection to the authority and

to the Attorney General. Upon receipt of the copy of such petition,

the authority shall transmit to the Attorney General the record in

the proceeding resulting in the determination of liability under

section 3802 of this title. Except as otherwise provided in this

section, the district courts of the United States shall have

jurisdiction to review the decision, findings, and determinations

in issue and to affirm, modify, remand for further consideration,

or set aside, in whole or in part, the decision, findings, and

determinations of the authority, and to enforce such decision,

findings, and determinations to the extent that such decision,

findings, and determinations are affirmed or modified.

(c) The decisions, findings, and determinations of the authority

with respect to questions of fact shall be final and conclusive,

and shall not be set aside unless such decisions, findings, and

determinations are found by the court to be unsupported by

substantial evidence. In concluding whether the decisions,

findings, and determinations of an authority are unsupported by

substantial evidence, the court shall review the whole record or

those parts of it cited by a party, and due account shall be taken

of the rule of prejudicial error.

(d) Any district court reviewing under this section the decision,

findings, and determinations of an authority shall not consider any

objection that was not raised in the hearing conducted pursuant to

section 3803(f) of this title unless a demonstration is made of

extraordinary circumstances causing the failure to raise the

objection. If any party demonstrates to the satisfaction of the

court that additional evidence not presented at such hearing is

material and that there were reasonable grounds for the failure to

present such evidence at such hearing, the court shall remand the

matter to the authority for consideration of such additional

evidence.

(e) Upon a final determination by the district court that a

person is liable under section 3802 of this title, the court shall

enter a final judgment for the appropriate amount in favor of the

United States.

-SOURCE-

(Added Pub. L. 99-509, title VI, Sec. 6103(a), Oct. 21, 1986, 100

Stat. 1944.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1352, 3803, 3806, 3807 of

this title.

-End-

-CITE-

31 USC Sec. 3806 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 38 - ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS

-HEAD-

Sec. 3806. Collection of civil penalties and assessments

-STATUTE-

(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 or pursuant

to judicial review under section 3805 of this title 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 of

which is the subject of a pending petition pursuant to section 3805

of this title or a pending action to recover such penalty or

assessment pursuant to this section.

(g)(1) Except as provided in paragraph (2) of this subsection,

any amount of penalty or assessment collected under this chapter

shall be deposited as miscellaneous receipts in the Treasury of the

United States.

(2)(A) Any amount of a penalty or assessment imposed by the

United States Postal Service under this chapter shall be deposited

in the Postal Service Fund established by section 2003 of title 39.

(B) Any amount of a penalty or assessment imposed by the

Secretary of Health and Human Services under this chapter with

respect to a claim or statement made in connection with old age and

survivors benefits under title II of the Social Security Act shall

be deposited in the Federal Old-Age and Survivors Insurance Trust

Fund.

(C) Any amount of a penalty or assessment imposed by the

Secretary of Health and Human Services under this chapter with

respect to a claim or statement made in connection with disability

benefits under title II of the Social Security Act shall be

deposited in the Federal Disability Insurance Trust Fund.

(D) Any amount of a penalty or assessment imposed by the

Secretary of Health and Human Services under this chapter with

respect to a claim or statement made in connection with benefits

under part A of title XVIII of the Social Security Act shall be

deposited in the Federal Hospital Insurance Trust Fund.

(E) Any amount of a penalty or assessment imposed by the

Secretary of Health and Human Services under this chapter with

respect to a claim or statement made in connection with benefits

under part B of title XVIII of the Social Security Act shall be

deposited in the Federal Supplementary Medical Insurance Trust

Fund.

-SOURCE-

(Added Pub. L. 99-509, title VI, Sec. 6103(a), Oct. 21, 1986, 100

Stat. 1945; amended Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct.

29, 1992, 106 Stat. 4516.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (g)(2)(B) to (E),

is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II

and parts A and B of title XVIII of the Social Security Act are

classified generally to subchapter II (Sec. 401 et seq.) and parts

A (Sec. 1395c et seq.) and B (Sec. 1395j et seq.) of subchapter

XVIII, respectively, of chapter 7 of Title 42, The Public Health

and Welfare. For complete classification of this Act to the Code,

see section 1305 of Title 42 and Tables.

-MISC1-

AMENDMENTS

1992 - Subsec. (e). Pub. L. 102-572 substituted "United States

Court of Federal Claims" for "United States Claims Court".

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of

Title 28, Judiciary and Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1352, 3807, 3808, 3809 of

this title.

-End-

-CITE-

31 USC Sec. 3807 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 38 - ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS

-HEAD-

Sec. 3807. Right to administrative offset

-STATUTE-

(a) The amount of any penalty or assessment which has become

final under section 3803 of this title, or for which a judgment has

been entered under section 3805(e) or 3806 of this title, or any

amount agreed upon in a settlement or compromise under section

3803(j) or 3806(f) of this title, may be collected by

administrative offset under section 3716 of this title, except that

an administrative offset may not be made under this subsection

against a refund of an overpayment of Federal taxes, then or later

owing by the United States to the person liable for such penalty or

assessment.

(b) All amounts collected pursuant to this section shall be

remitted to the Secretary of the Treasury for deposit in accordance

with section 3806(g) of this title.

-SOURCE-

(Added Pub. L. 99-509, title VI, Sec. 6103(a), Oct. 21, 1986, 100

Stat. 1947.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1352 of this title.

-End-

-CITE-

31 USC Sec. 3808 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 38 - ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS

-HEAD-

Sec. 3808. Limitations

-STATUTE-

(a) A hearing under section 3803(d)(2) of this title with respect

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.

(b) A civil action to recover a penalty or assessment under

section 3806 of this title shall be commenced within 3 years after

the date on which the determination of liability for such penalty

or assessment becomes final.

(c) If at any time during the course of proceedings brought

pursuant to this chapter the authority head receives or discovers

any specific information regarding bribery, gratuities, conflict of

interest, or other corruption or similar activity in relation to a

false claim or statement, the authority head shall immediately

report such information to the Attorney General, and in the case of

an authority in which an Office of Inspector General is established

by the Inspector General Act of 1978 or by any other Federal law,

to the Inspector General of that authority.

-SOURCE-

(Added Pub. L. 99-509, title VI, Sec. 6103(a), Oct. 21, 1986, 100

Stat. 1947.)

-REFTEXT-

REFERENCES IN TEXT

The Inspector General Act of 1978, referred to in subsec. (c), is

Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1352 of this title.

-End-

-CITE-

31 USC Sec. 3809 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 38 - ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS

-HEAD-

Sec. 3809. Regulations

-STATUTE-

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, making the determinations required

by subsections (f) and (h) of section 3803 of this title, or

making collections under section 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 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.

-SOURCE-

(Added Pub. L. 99-509, title VI, Sec. 6103(a), Oct. 21, 1986, 100

Stat. 1947.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of this chapter, referred to in text, means

the date of enactment of Pub. L. 99-509 which was approved Oct. 21,

1986.

-End-

-CITE-

31 USC Sec. 3810 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 38 - ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS

-HEAD-

[Sec. 3810. Repealed. Pub. L. 104-66, title III, Sec. 3001(c)(1),

Dec. 21, 1995, 109 Stat. 734]

-MISC1-

Section, added Pub. L. 99-509, title VI, Sec. 6103(a), Oct. 21,

1986, 100 Stat. 1947, required annual reports to Congress.

-End-

-CITE-

31 USC Sec. 3811 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 38 - ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS

-HEAD-

Sec. 3811. Effect on other law

-STATUTE-

(a) This chapter does not diminish the responsibility of any

agency to comply with the provisions of chapter 35 of title 44.

(b) This chapter does not supersede the provisions of section

3512 of title 44.

(c) For purposes of this section, the term "agency" has the same

meaning as in section 3502(1) of title 44.

-SOURCE-

(Added Pub. L. 99-509, title VI, Sec. 6103(a), Oct. 21, 1986, 100

Stat. 1948.)

-End-

-CITE-

31 USC Sec. 3812 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 38 - ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS

-HEAD-

Sec. 3812. Prohibition against delegation

-STATUTE-

Any function, duty, or responsibility which this chapter

specifies be carried out by the Attorney General or an Assistant

Attorney General designated by the Attorney General, shall not be

delegated to, or carried out by, any other officer or employee of

the Department of Justice.

-SOURCE-

(Added Pub. L. 99-509, title VI, Sec. 6103(a), Oct. 21, 1986, 100

Stat. 1948.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1352 of this title.

-End-