42 U.S.C. § 6384 — Enforcement
submitted 51 years ago by Pub. L. 94-163 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 312 words · no verdicts yet
A person who disobeys a Comptroller General information order may face a civil penalty of up to $10,000 per violation. The section assigns the courts for challenges, collection, and subpoena enforcement.
(a) A person* violating a Comptroller General order under section 6382(a)(1)(B) may be assessed up to $10,000 for each violation, and each day of noncompliance is a separate violation. The Comptroller General assesses the penalty and may collect it in a civil action through Government Accountability Office counsel, designated counsel, or, on request, the Attorney General. No penalty applies while the order’s effectiveness was stayed. (b) An action to enjoin or set aside such an order may be brought only in the United States Court of Appeals for the District of Columbia. An action to collect the penalty may be brought only in the United States District Court for the District of Columbia, and process may be served anywhere in the United States. (c) If a person refuses a Comptroller General subpoena, a district court where the inquiry occurs may, on petition by the Comptroller General or requested Attorney General, order compliance. Disobeying that order may be treated as contempt.
Any person* who violates any general or special order of the Comptroller General issued under section 6382(a)(1)(B) of this title may be assessed a civil penalty not to exceed $10,000 for each violation. Each day of failure to comply with such an order shall be deemed a separate violation. Such penalty shall be assessed by the Comptroller General and collected in a civil action brought by the Comptroller General through any attorney employed by the Government Accountability Office or any other attorney designated by the Comptroller General, or, upon request of the Comptroller General, the Attorney General. A person shall not be liable with respect to any period during which the effectiveness of the order with respect to such person was stayed.
Any action to enjoin or set aside an order issued under section 6382(a)(1)(B) of this title may be brought only before the United States Court of Appeals for the District of Columbia. Any action to collect a civil penalty for violation of any general or special order may be brought only in the United States District Court for the District of Columbia. In any action brought under subsection (a) to collect a civil penalty, process may be served in any judicial district of the United States.
Upon petition by the Comptroller General through any attorney employed by the Government Accountability Office or designated by the Comptroller General, or, upon request of the Comptroller General, the Attorney General, any United States district court within the jurisdiction of which any inquiry under this part is carried on may, in the case of refusal to obey a subpena of the Comptroller General issued under this part, issue an order requiring compliance therewith; and any failure to obey the order of the court may be treated by the court as a contempt thereof.
Source credit: (Pub. L. 94–163, title V, § 504, Dec. 22, 1975, 89 Stat. 959; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
- 1975Enacted · Pub. L. 94-163 · 89 Stat. 959
- 2004Amended · Pub. L. 108-271 · 118 Stat. 814
A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-163 on 1975-12-22.
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