Title 31 — Money and Finance — § 3806. Collection of civil penalties and assessments
Summary
Pages 356-357 of Title 31, Money and Finance, print § 3806, Collection of civil penalties and assessments, with §§ 3805, 3807 and 3808 beside it. Section 3806 makes the Attorney General responsible for judicial enforcement, lets final penalties be recovered in a civil action in which liability and amounts cannot be reopened, and gives the Attorney General exclusive authority to settle a penalty under a pending petition or action. As amended by Pub. L. 118–159 in 2024, amounts collected first reimburse the agency that paid for the investigation or prosecution, and the rest goes to the Treasury as miscellaneous receipts. Section 3805 allows district court review on a petition filed within 60 days, and § 3808 requires notice within 6 years of the violation or 3 years after the facts are known, but never more than 10 years after it.
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§ 3805 TITLE 31—MONEY AND FINANCE Page 356
tempt. In any case in which an authority seeks tions of an authority are unsupported by sub-
the enforcement of a subpoena issued pursuant stantial evidence, the court shall review the
to subsection (a) or (b) of this section, the au- whole record or those parts of it cited by a
thority shall request the Attorney General to party, and due account shall be taken of the rule
petition any district court in which a hearing of prejudicial error.
under this chapter is being conducted, or in (d) Any district court reviewing under this
which the person receiving the subpoena resides section the decision, findings, and determina-
or conducts business, to issue such an order. tions of an authority shall not consider any ob-
jection that was not raised in the hearing con-
(Added Pub. L. 99–509, title VI, § 6103(a), Oct. 21, ducted pursuant to section 3803(f) of this title
1986, 100 Stat. 1944.) unless a demonstration is made of extraordinary
§ 3805. Judicial review circumstances causing the failure to raise the
objection. If any party demonstrates to the sat-
(a)(1) A determination by a reviewing official isfaction of the court that additional evidence
under section 3803 of this title shall be final and not presented at such hearing is material and
shall not be subject to judicial review. that there were reasonable grounds for the fail-
(2) Unless a petition is filed under this section, ure to present such evidence at such hearing,
a determination under section 3803 of this title the court shall remand the matter to the au-
that a person is liable under section 3802 of this thority for consideration of such additional evi-
title shall be final and shall not be subject to ju- dence.
dicial review. (e) Upon a final determination by the district
(b)(1)(A) Any person who has been determined court that a person is liable under section 3802 of
to be liable under section 3802 of this title pursu- this title, the court shall enter a final judgment
ant to section 3803 of this title may obtain re- for the appropriate amount in favor of the
view of such determination in— United States.
(i) the United States district court for the (Added Pub. L. 99–509, title VI, § 6103(a), Oct. 21,
district in which such person resides or trans- 1986, 100 Stat. 1944.)
acts business;
(ii) the United States district court for the § 3806. Collection of civil penalties and assess-
district in which the claim or statement upon ments
which the determination of liability is based (a) The Attorney General shall be responsible
was made, presented, or submitted; or for judicial enforcement of any civil penalty or
(iii) the United States District Court for the assessment imposed pursuant to the provisions
District of Columbia. of this chapter.
(B) Such review may be obtained by filing in (b) Any penalty or assessment imposed in a de-
any such court a written petition that such de- termination which has become final pursuant to
termination be modified or set aside. Such peti- this chapter may be recovered in a civil action
tion shall be filed— brought by the Attorney General. In any such
(i) only after such person has exhausted all action, no matter that was raised or that could
administrative remedies under this chapter; have been raised in a hearing conducted under
and section 3803(f) of this title or pursuant to judi-
(ii) within 60 days after the date on which cial review under section 3805 of this title may
the authority head sends such person a copy of be raised as a defense, and the determination of
the decision of such authority head under sec- liability and the determination of amounts of
tion 3803(i)(2) of this title. penalties and assessments shall not be subject
to review.
(2) The clerk of the court shall transmit a (c) The district courts of the United States
copy of a petition filed under paragraph (1) of shall have jurisdiction of any action commenced
this subsection to the authority and to the At- by the United States under subsection (b) of this
torney General. Upon receipt of the copy of such section.
petition, the authority shall transmit to the At- (d) Any action under subsection (b) of this sec-
torney General the record in the proceeding re- tion may, without regard to venue require-
sulting in the determination of liability under ments, be joined and consolidated with or as-
section 3802 of this title. Except as otherwise serted as a counterclaim, cross-claim, or setoff
provided in this section, the district courts of by the United States in any other civil action
the United States shall have jurisdiction to re- which includes as parties the United States and
view the decision, findings, and determinations the person against whom such action may be
in issue and to affirm, modify, remand for fur- brought.
ther consideration, or set aside, in whole or in (e) The United States Court of Federal Claims
part, the decision, findings, and determinations shall have jurisdiction of any action under sub-
of the authority, and to enforce such decision, section (b) of this section to recover any penalty
findings, and determinations to the extent that or assessment if the cause of action is asserted
such decision, findings, and determinations are by the United States as a counterclaim in a
affirmed or modified. matter pending in such court.
(c) The decisions, findings, and determinations (f) The Attorney General shall have exclusive
of the authority with respect to questions of authority to compromise or settle any penalty
fact shall be final and conclusive, and shall not or assessment the determination of which is the
be set aside unless such decisions, findings, and subject of a pending petition pursuant to section
determinations are found by the court to be un- 3805 of this title or a pending action to recover
supported by substantial evidence. In concluding such penalty or assessment pursuant to this sec-
whether the decisions, findings, and determina- tion.
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,
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