---
kind: "section"
citation: "20 U.S.C. § 4442"
title: "20"
title_heading: "Education"
number: "4442"
heading: "Administrative provisions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/4442"
units:
  - "Chapter 56 — American Indian, Alaska Native, and Native Hawaiian Culture and Art Development"
  - "Subchapter II — Native Hawaiians and Alaska Natives"
---

# §4442. Administrative provisions

- (a) **Payments—** The [Secretary](/usc/20/4402.md?p=7) 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](/usc/20/4402.md?p=7) 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](/usc/20/4402.md?p=7) 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](/usc/20/4402.md?p=7) 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.


## Source credit

(Pub. L. 99–498, title XV, § 1522, Oct. 17, 1986, 100 Stat. 1611.)