31 U.S. Code § 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.

Source

(Added Pub. L. 99–509, title VI, § 6103(a),Oct. 21, 1986, 100 Stat. 1945; amended Pub. L. 102–572, title IX, § 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 (§ 401 et seq.) and parts A (§ 1395c et seq.) and B (§ 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. 102–572substituted “United States Court of Federal Claims” for “United States Claims Court”.
Effective Date of 1992 Amendment

Amendment by Pub. L. 102–572effective Oct. 29, 1992, see section 911 ofPub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013

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31 USCDescription of ChangeSession YearPublic LawStatutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


5 CFR - Administrative Personnel

5 CFR Part 185 - PROGRAM FRAUD CIVIL REMEDIES

6 CFR - Domestic Security

6 CFR Part 13 - PROGRAM FRAUD CIVIL REMEDIES

7 CFR - Agriculture

7 CFR Part 1 - ADMINISTRATIVE REGULATIONS

10 CFR - Energy

10 CFR Part 13 - PROGRAM FRAUD CIVIL REMEDIES

10 CFR Part 1013 - PROGRAM FRAUD CIVIL REMEDIES AND PROCEDURES

15 CFR - Commerce and Foreign Trade

15 CFR Part 25 - PROGRAM

22 CFR - Foreign Relations

22 CFR Part 35 - PROGRAM FRAUD CIVIL REMEDIES

22 CFR Part 224 - IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT

22 CFR Part 521 - IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT

24 CFR - Housing and Urban Development

24 CFR Part 28 - IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986

28 CFR - Judicial Administration

28 CFR Part 71 - IMPLEMENTATION OF THE PROVISIONS OF THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986

29 CFR - Labor

29 CFR Part 22 - PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986

31 CFR - Money and Finance: Treasury

31 CFR Part 16 - REGULATIONS IMPLEMENTING THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986

34 CFR - Education

34 CFR Part 33 - PROGRAM FRAUD CIVIL REMEDIES ACT

38 CFR - Pensions, Bonuses, and Veterans' Relief

38 CFR Part 42 - STANDARDS IMPLEMENTING THE PROGRAM FRAUD CIVIL REMEDIES ACT

39 CFR - Postal Service

39 CFR Part 273 - ADMINISTRATION OF PROGRAM FRAUD CIVIL REMEDIES ACT

39 CFR Part 962 - RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO THE PROGRAM FRAUD CIVIL REMEDIES ACT

40 CFR - Protection of Environment

40 CFR Part 27 - PROGRAM FRAUD CIVIL REMEDIES

43 CFR - Public Lands: Interior

43 CFR Part 35 - ADMINISTRATIVE REMEDIES FOR FRAUDULENT CLAIMS AND STATEMENTS

45 CFR - Public Welfare

45 CFR Part 79 - PROGRAM FRAUD CIVIL REMEDIES

45 CFR Part 681 - PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS

45 CFR Part 2554 - PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS

49 CFR - Transportation

49 CFR Part 31 - PROGRAM FRAUD CIVIL REMEDIES

 

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