§3806 Collection of Civil Penalties and Assessments

Summary

The Attorney General must go to court to collect any civil penalty or assessment that has become final under this law. If the United States sues to recover such a penalty, the person sued cannot raise issues that were or could have been raised in earlier hearings or reviews, and the finding that the person is liable and the penalty amount cannot be reexamined. U.S. district courts hear these cases, and the government can join the suit with other cases or assert the claim as a counterclaim, cross-claim, or setoff without worrying about venue. The Court of Federal Claims can hear the claim if the United States raises it as a counterclaim there. The Attorney General alone can settle or compromise a penalty that is under review or in a recovery action. Money collected is first used to repay the agency or federal entity that paid investigation or court costs, and those reimbursements go back to the agency’s appropriation or similar account and stay available until spent. Any remaining money goes to Treasury miscellaneous receipts, except Postal Service penalties go to the Postal Service Fund, and penalties tied to Social Security or Medicare claims go to the specific Social Security/Medicare trust funds named by law.