§3806 Collection of Civil Penalties and Assessments

Summary

The Attorney General must go to court to collect any civil penalty or assessment that was finally decided under this law. If a penalty decision is final, the government can file a civil suit to get the money. In that suit, the defendant cannot reargue issues that were or could have been raised earlier, and the finding of liability and the penalty amount cannot be reviewed again. U.S. district courts can hear these cases. The government can join the collection claim with other federal lawsuits involving the same parties without following normal venue rules, or it can assert the claim as a counterclaim or setoff. The U.S. Court of Federal Claims can hear the case if the government raises it as a counterclaim in a matter already before that court. Only the Attorney General may settle or reduce a penalty that is the subject of a pending appeal or a current collection action. Money collected must first repay any agency or federal entity that paid investigation or court costs. Those repayments go back into the agency’s appropriation or a similar account and stay available to use. Any remaining money goes to the U.S. Treasury as miscellaneous receipts. Special rules send certain penalties to specific funds: amounts from the Postal Service go to the Postal Service Fund, and penalties tied to Social Security or Medicare claims go to the matching trust funds (Old-Age and Survivors Insurance, Disability Insurance, Hospital Insurance (Part A), or Supplementary Medical Insurance (Part B)).