§ 3806. — Collection of civil penalties and assessments.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 31USC3806]
TITLE 31--MONEY AND FINANCE
SUBTITLE III--FINANCIAL MANAGEMENT
CHAPTER 38--ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS
Sec. 3806. Collection of civil penalties and assessments
(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.
(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.)
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.
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.
Section Referred to in Other Sections
This section is referred to in sections 1352, 3807, 3808, 3809 of
this title.
