
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC2399b]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
          SUBCHAPTER III--GENERAL AND ADMINISTRATIVE PROVISIONS
 
                   Part II--Administrative Provisions
 
Sec. 2399b. False claims and ineligible commodities


(a) Penalties; costs

    Any person who makes or causes to be made or presents or causes to 
be presented to any bank or other financial institution or to any 
officer, agent, or employee of any agency of the United States 
Government a claim for payment from funds made available under this 
chapter for the purposes of furnishing assistance and who knows the 
claim to be false, fraudulent, or fictitious or to cover a commodity or 
commodity-related service determined by the President to be ineligible 
for payment from funds made available under this chapter, or who uses to 
support his claim any certification, statement, or entry on any 
contract, abstract, bill of lading, Government or commercial invoice, or 
Government form, which he knows, or in the exercise of prudent business 
management should know, to contain false, fraudulent, or fictitious 
information, or who uses or engages in any other fraudulent trick, 
scheme, or device for the purpose of securing or obtaining, or aiding to 
secure or obtain, for any person any benefit or payment from funds so 
made available under this chapter in connection with the negotiation, 
procurement, award, or performance of a contract financed with funds so 
made available under this chapter, and any person who enters into an 
agreement, combination, or conspiracy so to do, (1) shall pay to the 
United States an amount equal to 25 per centum of any amount thereby 
sought to be wrongfully secured or obtained but not actually received, 
and (2) shall forfeit and refund any payment, compensation, loan, 
commission, or advance received as a result thereof, and (3) shall, in 
addition, pay to the United States for each such act (A) the sum of 
$2,000 and double the amount of any damage which the United States may 
have sustained by reason thereof, or (B) an amount equal to 50 per 
centum of any such payment, compensation, loan, commission, or advance 
so received, whichever is the greater, together with the costs of suit.

(b) Recovery of penalties; procedure; finality of withholding of funds; 
        recovery of withheld funds; limitation period

    In order to secure recovery under this section, the President may, 
as he deems appropriate, (1) institute suit in the United States 
district court for any judicial district in which the person alleged to 
have performed or participated in an act described by this section may 
reside or may be found, and (2) upon posting by registered mail to such 
person a notice of claim describing the basis therefor and identifying 
the funds to be withheld, withhold from funds owed by any agency of the 
United States Government to such person an amount equal to the refund, 
damages, liquidated damages, and exemplary damages claimed by the United 
States under this section. Any such withholding of funds from any person 
shall constitute a final determination of the rights and liabilities of 
such person under this section with respect to the amount so withheld, 
unless within one year of receiving the notice of claim such person 
brings suit for recovery, which is hereby authorized, against the United 
States in any United States district court.

(c) ``Person'' defined

    For purposes of this section, the term ``person'' includes any 
individual, corporation, partnership, association, or other legal 
entity.

(Pub. L. 87-195, pt. III, Sec. 640A, as added Pub. L. 90-554, pt. III, 
Sec. 302(f), Oct. 8, 1968, 82 Stat. 965.)

                       References in Text

    This chapter, referred to in subsec. (a), was in the original ``this 
Act'', meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, 
known as the Foreign Assistance Act of 1961. For complete classification 
of this Act to the Code, see Short Title note set out under section 2151 
of this title and Tables.

                         Delegation of Functions

    For delegation of functions of President under this section, see Ex. 
Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a 
note under section 2381 of this title.
