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Title 31 — Money and Finance — § 3808. Limitations

Summary

This page reproduces pages 357 and 358 of Title 31 of the United States Code, including § 3808, Limitations. As amended by Pub. L. 118-159 on Dec. 23, 2024, § 3808(a) requires notice to a person alleged to be liable for a claim or statement to be mailed or delivered by the later of 6 years after the violation of section 3802 or 3 years after material facts are known or reasonably should have been known by the authority head, and in no event more than 10 years after the violation. A civil action to recover a penalty or assessment must be commenced within 3 years after the determination of liability becomes final, and information about bribery, gratuities, conflict of interest or other corruption must be reported to the Attorney General. The page also prints sections 3806(g) through 3812 and the start of chapter 39, Prompt Payment.

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Page 357                                TITLE 31—MONEY AND FINANCE                                                    § 3808

  (g)(1)(A) Except as provided in paragraph (2)—                 Security Act are classified generally to subchapter II
    (i) any amount collected under this chapter                  (§ 401 et seq.) and parts A (§ 1395c et seq.) and B (§ 1395j
  shall be credited first to reimburse the author-               et seq.) of subchapter XVIII, respectively, of chapter 7
                                                                 of Title 42, The Public Health and Welfare. For com-
  ity or other Federal entity that expended
                                                                 plete classification of this Act to the Code, see section
  costs in support of the investigation or pros-                 1305 of Title 42 and Tables.
  ecution of the action, including any court or
  hearing costs; and                                                                   AMENDMENTS
    (ii) amounts reimbursed under clause (i)                       2024—Subsec. (g)(1). Pub. L. 118–159 amended par. (1)
  shall—                                                         generally. Prior to amendment, par. (1) read as follows:
       (I) be deposited in—                                      ‘‘Except as provided in paragraph (2) of this subsection,
         (aa) the appropriations account of the                  any amount of penalty or assessment collected under
       authority or other Federal entity from                    this chapter shall be deposited as miscellaneous re-
                                                                 ceipts in the Treasury of the United States.’’
       which the costs described in subparagraph                   1992—Subsec. (e). Pub. L. 102–572 substituted ‘‘United
       (A) were obligated;                                       States Court of Federal Claims’’ for ‘‘United States
         (bb) a similar appropriations account of                Claims Court’’.
       the authority or other Federal entity; or
         (cc) if the authority or other Federal en-                     Statutory Notes and Related Subsidiaries
       tity expended nonappropriated funds, an-                           EFFECTIVE DATE OF 1992 AMENDMENT
       other appropriate account; and
                                                                   Amendment by Pub. L. 102–572 effective Oct. 29, 1992,
       (II) remain available until expended.                     see section 911 of Pub. L. 102–572, set out as a note
  (B) Any amount remaining after reimburse-                      under section 171 of Title 28, Judiciary and Judicial
                                                                 Procedure.
ments described in subparagraph (A) shall be de-
posited as miscellaneous receipts in the Treas-                  § 3807. Right to administrative offset
ury of the United States.
  (2)(A) Any amount of a penalty or assessment                     (a) The amount of any penalty or assessment
imposed by the United States Postal Service                      which has become final under section 3803 of this
under this chapter shall be deposited in the                     title, or for which a judgment has been entered
Postal Service Fund established by section 2003                  under section 3805(e) or 3806 of this title, or any
of title 39.                                                     amount agreed upon in a settlement or com-
  (B) Any amount of a penalty or assessment                      promise under section 3803(j) or 3806(f) of this
imposed by the Secretary of Health and Human                     title, may be collected by administrative offset
Services under this chapter with respect to a                    under section 3716 of this title, except that an
claim or statement made in connection with old                   administrative offset may not be made under
age and survivors benefits under title II of the                 this subsection against a refund of an overpay-
Social Security Act shall be deposited in the                    ment of Federal taxes, then or later owing by
Federal Old-Age and Survivors Insurance Trust                    the United States to the person liable for such
Fund.                                                            penalty or assessment.
  (C) Any amount of a penalty or assessment                        (b) All amounts collected pursuant to this sec-
imposed by the Secretary of Health and Human                     tion shall be remitted to the Secretary of the
Services under this chapter with respect to a                    Treasury for deposit in accordance with section
claim or statement made in connection with dis-                  3806(g) of this title.
ability benefits under title II of the Social Secu-              (Added Pub. L. 99–509, title VI, § 6103(a), Oct. 21,
rity Act shall be deposited in the Federal Dis-                  1986, 100 Stat. 1947.)
ability Insurance Trust Fund.
  (D) Any amount of a penalty or assessment                      § 3808. Limitations
imposed by the Secretary of Health and Human                       (a) A notice to the person alleged to be liable
Services under this chapter with respect to a                    with respect to a claim or statement shall be
claim or statement made in connection with                       mailed or delivered in accordance with section
benefits under part A of title XVIII of the Social               3803(d)(1) not later than the later of—
Security Act shall be deposited in the Federal                       (1) 6 years after the date on which the viola-
Hospital Insurance Trust Fund.                                     tion of section 3802 is committed; or
  (E) Any amount of a penalty or assessment                          (2) 3 years after the date on which facts ma-
imposed by the Secretary of Health and Human                       terial to the action are known or reasonably
Services under this chapter with respect to a                      should have been known by the authority
claim or statement made in connection with                         head, but in no event more than 10 years after
benefits under part B of title XVIII of the Social                 the date on which the violation is committed.
Security Act shall be deposited in the Federal
Supplementary Medical Insurance Trust Fund.                         (b) A civil action to recover a penalty or as-
                                                                 sessment under section 3806 of this title shall be
(Added Pub. L. 99–509, title VI, § 6103(a), Oct. 21,             commenced within 3 years after the date on
1986, 100 Stat. 1945; amended Pub. L. 102–572, title             which the determination of liability for such
IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L.          penalty or assessment becomes final.
118–159, div. E, title LII, § 5203(d), Dec. 23, 2024,               (c) If at any time during the course of pro-
138 Stat. 2440.)                                                 ceedings brought pursuant to this chapter the
                                                                 authority head receives or discovers any specific
                      Editorial Notes
                                                                 information regarding bribery, gratuities, con-
                   REFERENCES IN TEXT                            flict of interest, or other corruption or similar
  The Social Security Act, referred to in subsec.                activity in relation to a false claim or state-
(g)(2)(B) to (E), is act Aug. 14, 1935, ch. 531, 49 Stat. 620.   ment, the authority head shall immediately re-
Title II and parts A and B of title XVIII of the Social          port such information to the Attorney General,
§ 3809                                 TITLE 31—MONEY AND FINANCE                                               Page 358

and in the case of an authority in which an Of-              § 3812. Prohibition against delegation
fice of Inspector General is established by chap-
                                                               Any function, duty, or responsibility which
ter 4 of title 5 or by any other Federal law, to
                                                             this chapter specifies be carried out by the At-
the Inspector General of that authority.
                                                             torney General or an Assistant Attorney Gen-
(Added Pub. L. 99–509, title VI, § 6103(a), Oct. 21,         eral designated by the Attorney General, shall
1986, 100 Stat. 1947; amended Pub. L. 117–286,               not be delegated to, or carried out by, any other
§ 4(b)(57), Dec. 27, 2022, 136 Stat. 4349; Pub. L.           officer or employee of the Department of Jus-
118–159, div. E, title LII, § 5203(h), Dec. 23, 2024,        tice.
138 Stat. 2443.)
                                                             (Added Pub. L. 99–509, title VI, § 6103(a), Oct. 21,
                     Editorial Notes                         1986, 100 Stat. 1948.)
                      AMENDMENTS                                      CHAPTER 39—PROMPT PAYMENT
  2024—Subsec. (a). Pub. L. 118–159 added subsec. (a) and    Sec.
struck out former subsec. (a) which read as follows: ‘‘A     3901.     Definitions and application.
hearing under section 3803(d)(2) of this title with re-      3902.     Interest penalties.
spect to a claim or statement shall be commenced             3903.     Regulations.
within 6 years after the date on which such claim or         3904.     Limitations on discount payments.
statement is made, presented, or submitted.’’                3905.     Payment provisions relating to construction
  2022—Subsec. (c). Pub. L. 117–286 substituted ‘‘chapter                contracts.
4 of title 5’’ for ‘‘the Inspector General Act of 1978’’.    [3906.    Repealed.]
                                                             3907.     Relationship to other laws.
§ 3809. Regulations
                                                                                   Editorial Notes
  Within 180 days after the date of enactment of
this chapter, each authority head shall promul-                                     AMENDMENTS
gate rules and regulations necessary to imple-                 1998—Pub. L. 105–362, title XIII, § 1301(c)(2)(C), Nov. 10,
ment the provisions of this chapter. Such rules              1998, 112 Stat. 3293, struck out item 3906 ‘‘Reports’’.
and regulations shall—                                         1988—Pub. L. 100–496, § 9(b), Oct. 17, 1988, 102 Stat. 2463,
    (1) ensure that investigating officials and re-          added item 3905 and redesignated former items 3905 and
  viewing officials are not responsible for con-             3906 as 3906 and 3907, respectively.
  ducting the hearing required in section 3803(f)            § 3901. Definitions and application
  of this title, making the determinations re-
  quired by subsections (f) and (h) of section 3803            (a) In this chapter—
  of this title, or making collections under sec-                (1) ‘‘agency’’ has the same meaning given
  tion 3806 of this title; and                                 that term in section 551(1) of title 5 and in-
    (2) require a reviewing official to include in             cludes an entity being operated, and the head
  any notice required by section 3803(a)(2) of this            of the agency identifies the entity as being op-
  title a statement which specifies that the re-               erated, only as an instrumentality of the agen-
  viewing official has determined that there is a              cy to carry out a program of the agency.
  reasonable prospect of collecting, from a per-                 (2) ‘‘business concern’’ means—
  son with respect to whom the reviewing offi-                      (A) a person carrying on a trade or busi-
  cial is referring allegations of liability in such             ness; and
  notice, the amount for which such person may                      (B) a nonprofit entity operating as a con-
  be liable.                                                     tractor.
(Added Pub. L. 99–509, title VI, § 6103(a), Oct. 21,             (3) ‘‘proper invoice’’ is an invoice containing
1986, 100 Stat. 1947.)                                         or accompanied by substantiating documenta-
                                                               tion the Director of the Office of Management
                     Editorial Notes                           and Budget may require by regulation and the
                  REFERENCES IN TEXT                           head of the appropriate agency may require by
                                                               regulation or contract.
  The date of enactment of this chapter, referred to in          (4) for the purposes of determining a pay-
text, means the date of enactment of Pub. L. 99–509
which was approved Oct. 21, 1986.
                                                               ment due date and the date upon which any
                                                               late payment interest penalty shall begin to
[§ 3810. Repealed. Pub. L. 104–66, title              III,     accrue, the head of the agency is deemed to re-
     § 3001(c)(1), Dec. 21, 1995, 109 Stat. 734]               ceive an invoice—
                                                                   (A) on the later of—
  Section, added Pub. L. 99–509, title VI, § 6103(a), Oct.
                                                                      (i) the date on which the place or person
21, 1986, 100 Stat. 1947, required annual reports to Con-
gress.                                                             designated by the agency to first receive
                                                                   such invoice actually receives a proper in-
§ 3811. Effect on other law                                        voice; or
                                                                      (ii) on the 7th day after the date on
   (a) This chapter does not diminish the respon-
                                                                   which, in accordance with the terms and
sibility of any agency to comply with the provi-
                                                                   conditions of the contract, the property is
sions of chapter 35 of title 44.
                                                                   actually delivered or performance of the
   (b) This chapter does not supersede the provi-
                                                                   services is actually completed, as the case
sions of section 3512 of title 44.
                                                                   may be, unless—
   (c) For purposes of this section, the term
                                                                         (I) the agency has actually accepted
‘‘agency’’ has the same meaning as in section
                                                                      such property or services before such 7th
3502(1) of title 44.
                                                                      day; or
(Added Pub. L. 99–509, title VI, § 6103(a), Oct. 21,                     (II) the contract (except in the case of
1986, 100 Stat. 1948.)                                                a contract for the procurement of a


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