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31 U.S.C. § 3806 — Collection of civil penalties and assessments

Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3803/f&num=0&edition=prelim) or pursuant to judicial review under [section 3805 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3805&num=0&edition=prelim) 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

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Stable record: federal_law:legal_authorities:record_usc_de43ea907bb2991867b29a7b
Source file: Laws/federal/codes/united-states-code/title-31/section-3806-collection-of-civil-penalties-and-assessments--0654e850d0.md
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Source location: Title 31, Chapter 38, § 3806; chapter-038-administrative-remedies-for-false-claims-and-statements.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3803/f&num=0&edition=prelim) or pursuant to judicial review under [section 3805 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3805&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3805&num=0&edition=prelim) or a pending action to recover such penalty or assessment pursuant to this section. **(g)** (1) (A) Except as provided in paragraph (2)— (i) any amount collected under this chapter shall be credited first to reimburse the authority or other Federal entity that expended costs in support of the investigation or prosecution of the action, including any court or hearing costs; and (ii) amounts reimbursed under clause (i) shall— (I) be deposited in— (aa) the appropriations account of the authority or other Federal entity from which the costs described in subparagraph (A) were obligated; (bb) a similar appropriations account of the authority or other Federal entity; or (cc) if the authority or other Federal entity expended nonappropriated funds, another appropriate account; and (II) remain available until expended. (B) Any amount remaining after reimbursements described in subparagraph (A) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title39-section2003&num=0&edition=prelim). (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.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3805 — Judicial review

**(a)** (1) A determination by a reviewing official under [section 3803 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3803&num=0&edition=prelim) shall be final and shall not be subject to judicial review. (2) Unless a petition is filed under this section, a determination under [section 3803 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3803&num=0&edition=prelim) that a person is liable under [section 3802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3802&num=0&edition=prelim) shall be final and shall not be subject to judicial review. **(b)** (1) (A) Any person who has been determined to be liable under [section 3802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3802&num=0&edition=prelim) pursuant to [section 3803 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3803&num=0&edition=prelim) may obtain review of such determination in— (i) the United States district court for the district in which such person resides or transacts business; (ii) the United States district court for the district in which the claim or statement upon which the determination of liability is based was made, presented, or submitted; or (iii) the United States District Court for the District of Columbia. (B) Such review may be obtained by filing in any such court a written petition that such determination be modified or set aside. Such petition shall be filed— (i) only after such person has exhausted all administrative remedies under this chapter; and (ii) within 60 days after the date on which the authority head sends such person a copy of the

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Federal law — U.S. Code and appendices · legal_authorities

39 U.S.C. § 2003 — The Postal Service Fund

**(a)** There is established in the Treasury of the United States a revolving fund to be called the Postal Service Fund which shall be available to the Postal Service without fiscal-year limitation to carry out the purposes, functions, and powers authorized by this title (other than any of the purposes, functions, or powers for which the Competitive Products Fund is available). **(b)** Except as otherwise provided in section 2011, there shall be deposited in the Fund, subject to withdrawal by check by the Postal Service— (1) revenues from postal and nonpostal services rendered by the Postal Service; (2) amounts received from obligations issued by the Postal Service; (3) amounts appropriated for the use of the Postal Service; (4) interest which may be earned on investments of the Fund; (5) any other receipts of the Postal Service; (6) the balance in the Post Office Department Fund established under former [section 2202 of title 39](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title39-section2202&num=0&edition=prelim) as of the commencement of operations of the Postal Service; (7) amounts (including proceeds from the sale of forfeited items) from any civil forfeiture conducted by the Postal Service; (8) any transfers from the Secretary of the Treasury from the Department of the Treasury Forfeiture Fund which shall be available to the Postmaster General only for Federal law enforcement related purposes; and (9) any amounts collected under section 3018. **(c)** If the Postal Service determines that the moneys of the Fund are in excess of current needs, it may request the investment of such amounts as it deems advisable by the Secretary of the Treasury in obligations of, or obligations guaranteed by, the Government of the United States, and, with t

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1305 — Short title of chapter

This chapter may be cited as the “Social Security Act”.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 171 — Appointment and number of judges; character of court; designation of chief judge

**(a)** The President shall appoint, by and with the advice and consent of the Senate, sixteen judges who shall constitute a court of record known as the United States Court of Federal Claims. The court is declared to be a court established under article I of the Constitution of the United States. **(b)** The President shall designate one of the judges of the Court of Federal Claims who is less than seventy years of age to serve as chief judge. The chief judge may continue to serve as such until he reaches the age of seventy years or until another judge is designated as chief judge by the President. After the designation of another judge to serve as chief judge, the former chief judge may continue to serve as a judge of the court for the balance of the term to which appointed.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3808 — Limitations

**(a)** A notice to the person alleged to be liable with respect to a claim or statement shall be mailed or delivered in accordance with section 3803(d)(1) not later than the later of— (1) 6 years after the date on which the violation of section 3802 is committed; or (2) 3 years after the date on which facts material to the action are known or reasonably should have been known by the authority head, but in no event more than 10 years after the date on which the violation is committed. **(b)** A civil action to recover a penalty or assessment under [section 3806 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3806&num=0&edition=prelim) shall be commenced within 3 years after the date on which the determination of liability for such penalty or assessment becomes final. **(c)** If at any time during the course of proceedings brought pursuant to this chapter the authority head receives or discovers any specific information regarding bribery, gratuities, conflict of interest, or other corruption or similar activity in relation to a false claim or statement, the authority head shall immediately report such information to the Attorney General, and in the case of an authority in which an Office of Inspector General is established by chapter 4 of title 5 or by any other Federal law, to the Inspector General of that authority.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3809 — Regulations

Within 180 days after the date of enactment of this chapter, each authority head shall promulgate rules and regulations necessary to implement the provisions of this chapter. Such rules and regulations shall— (1) ensure that investigating officials and reviewing officials are not responsible for conducting the hearing required in [section 3803(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3803/f&num=0&edition=prelim), making the determinations required by subsections (f) and (h) of [section 3803 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3803&num=0&edition=prelim), or making collections under [section 3806 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3806&num=0&edition=prelim); and (2) require a reviewing official to include in any notice required by [section 3803(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3803/a/2&num=0&edition=prelim) a statement which specifies that the reviewing official has determined that there is a reasonable prospect of collecting, from a person with respect to whom the reviewing official is referring allegations of liability in such notice, the amount for which such person may be liable.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3806 — Collection of civil penalties and assess-

Page 356 TITLE 31—MONEY AND FINANCE § 3805 tempt. In any case in which an authority seeks the enforcement of a subpoena issued pursuant to subsection (a) or (b) of this section, the au- thority shall request the Attorney General to petition any district court in which a hearing under this chapter is being conducted, or in which the person receiving the subpoena resides or conducts business, to issue such an order. (Added Pub. L. 99–509, title VI, § 6103(a), Oct. 21, 1986, 100 Stat. 1944.) § 3805. Judicial review (a)(1) A determination by a reviewing official under section 3803 of this title shall be final and shall not be subject to judicial review. (2) Unless a petition is filed under this section, a determination under section 3803 of this title that a person is liable under section 3802 of this title shall be final and shall not be subject to ju- dicial review. (b)(1)(A) Any person who has been determined to be liable under section 3802 of this title pursu- ant to section 3803 of this title may obtain re- view of such determination in— (i) the United States district court for the district in which such person resides or trans- acts business; (ii) the United States district court for the district in which the claim or statement upon which the determination of liability is based was made, presented, or submitted; or (iii) the United States District Court for the District of Columbia. (B) Such review may be obtained by filing in any such court a written petition that such de- termination be modified or set aside. Such peti- tion shall be filed— (i) only after such person has exhausted all administrative remedies under this chapter; and (ii) within 60 days after the date on which the authority head sends such person a copy of the decision o

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