42 U.S.C. § 3611 — Subpoenas; giving of evidence

submitted 38 years ago by Pub. L. 90-284 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 314 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section gives the Secretary subpoena and discovery authority for investigations and hearings under this subchapter. It sets witness-fee rules and criminal penalties for disobeying lawful orders or falsifying evidence.

(a) General rule. Under this subsection, the Secretary may issue subpoenas and order discovery to help investigations and hearings. The scope and limits are the same as if a United States district court for the district of the investigation had ordered or served the subpoena or discovery in a civil case. (b) Witness fees. A subpoenaed witness gets the same witness and mileage fees as a witness in a United States district court. The party requesting the subpoena pays those fees, unless that party cannot pay, in which case the Secretary pays. (c) Criminal penalties. (1) A person who willfully fails or neglects to attend and testify, answer a lawful inquiry, or produce records, documents, or other evidence that the person can produce, in obedience to a subpoena or other lawful order under subsection (a), may be fined up to $100,000, imprisoned up to 1 year, or both. (2) A person who intends to mislead another person in a proceeding under this subchapter and (A) makes or causes a false factual entry or statement in a report, account, record, or other document produced under such an order; (B) willfully fails to make full, true, and correct entries in such materials; or (C) willfully mutilates, changes, or otherwise falsifies documentary evidence, may be fined up to $100,000, imprisoned up to 1 year, or both.

the actual law source: uscode.house.gov ↗public domain

(a) In general

The Secretary may, in accordance with this subsection, issue subpoenas and order discovery in aid of investigations and hearings under this subchapter. Such subpoenas and discovery may be ordered to the same extent and subject to the same limitations as would apply if the subpoenas or discovery were ordered or served in aid of a civil action in the United States district court for the district in which the investigation is taking place.

(b) Witness fees

Witnesses summoned by a subpoena under this subchapter shall be entitled to the same witness and mileage fees as witnesses in proceedings in United States district courts. Fees payable to a witness summoned by a subpoena issued at the request of a party shall be paid by that party or, where a party is unable to pay the fees, by the Secretary.

(1)

Any person who willfully fails or neglects to attend and testify or to answer any lawful inquiry or to produce records, documents, or other evidence, if it is in such person’s power to do so, in obedience to the subpoena or other lawful order under subsection (a), shall be fined not more than $100,000 or imprisoned not more than one year, or both.

(2)

Any person who, with intent thereby to mislead another person in any proceeding under this subchapter—

(A)

makes or causes to be made any false entry or statement of fact in any report, account, record, or other document produced pursuant to subpoena or other lawful order under subsection (a);

(B)

willfully neglects or fails to make or to cause to be made full, true, and correct entries in such reports, accounts, records, or other documents; or

(C)

willfully mutilates, alters, or by any other means falsifies any documentary evidence;

shall be fined not more than $100,000 or imprisoned not more than one year, or both.

Source credit: (Pub. L. 90–284, title VIII, § 811, as added Pub. L. 100–430, § 8(2), Sept. 13, 1988, 102 Stat. 1628.)

history & why it existsrecord from the source credit

1988Enacted · Pub. L. 90-284 · 102 Stat. 1628

A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-284 on 1988-09-13.

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