§ 4442. — Administrative provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC4442]
TITLE 20--EDUCATION
CHAPTER 56--AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN CULTURE
AND ART DEVELOPMENT
SUBCHAPTER II--NATIVE HAWAIIANS AND ALASKA NATIVES
Sec. 4442. Administrative provisions
(a) 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.
(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 subchapter which such person would not have otherwise
received, or
(B) 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.
(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 subchapter, or
(2) 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.
(Pub. L. 99-498, title XV, Sec. 1522, Oct. 17, 1986, 100 Stat. 1611.)
