Title 20 — Education
Chapter 56 — American Indian, Alaska Native, and Native Hawaiian Culture and Art Development
§ 4442. Administrative provisions
Statutory text
Payments
The Secretary may award grants under this subchapter in installments, in advance, or by way of reimbursement and may make necessary adjustments in payments of grants on account of overpayments or underpayments.
Recovery of overpayments
If the Secretary or a court of competent jurisdiction finds that—
any person—
has—
made, or has caused to be made by another, a false statement or representation of a material fact knowing it to be false, or
knowingly failed, or caused another to fail, to disclose a material fact; and
as a result of such action, has received any funds under this subchapter which such person would not have otherwise received, or
any person misappropriates any funds paid by the Secretary under this subchapter,
such person shall be liable to repay the amount of such funds to the United States. Any such finding by the Secretary may be made only after an opportunity for a fair hearing.
Any amount repaid under this subsection shall be returned to the general fund of the Treasury of the United States.
Penalties
Whoever—
makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, for the purpose of obtaining or increasing for such person or for any other person any payment of funds provided under this subchapter, or
misappropriates any funds provided under this subchapter,
shall be fined not more than $1,000 or imprisoned for not more than one year, or both.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act
Pub. L. 99–498 title XV § 1522 · 100 Stat. 1268
Enacted · 20 U.S.C. § 4442
(Pub. L. 99–498, title XV, § 1522, Oct. 17, 1986, 100 Stat. 1611.)
Source evidence
Code source credit
(Pub. L. 99–498, title XV, § 1522, Oct. 17, 1986, 100 Stat. 1611.)Enacted provision · exact public law section
SEC. 1522. ADMINISTRATIVE PROVISIONS. (a) Payments.— The Secretary may award grants under this part in installments, in advance, or by way of reimbursement and may make necessary adjustments in payments of grants on account of overpayments or underpayments. (b) Recovery of Overpayments.— (1) If the Secretary or a court of competent jurisdiction finds that— (A) any person— (i) has— (I) made, or has caused to be made by another, a false statement or representation of a material fact knowing it to be false, or (II) knowingly failed, or caused another to fail, to disclose a material fact; and (ii) as a result of such action, has received any funds under this part which such person would not have otherwise received, or (B) any person misappropriates any funds paid by the Secretary under this part, such person shall be liable to repay the amount of such funds to the United States. Any such finding by the Secretary may be made only after an opportunity for a fair hearing. (2) Any amount repaid under this subsection shall be returned to the general fund of the Treasury of the United States. (c) Penalties.— Whoever— (1) makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, for the purpose of obtaining or increasing for such person or for any other person any payment of funds provided under this part, or (2) misappropriates any funds provided under this part, shall be fined not more than $1,000 or imprisoned for not more than one year, or both.
1 of 1 references resolved to an enrolled provision