Title 31 — Money and FinanceRelease 119-73

§3804 Subpoena authority

Title 31 › Subtitle SUBTITLE III— - FINANCIAL MANAGEMENT › Chapter CHAPTER 38— - ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS › § 3804

Last updated Apr 6, 2026|Official source

Summary

Investigators carrying out an inquiry under section 3803(a)(1) can demand by subpoena any records, documents, reports, answers, accounts, papers, or data that are not otherwise reasonably available. For hearings under section 3803(f), the person running the hearing can make people swear an oath and can subpoena witnesses, testimony, and any documents or evidence the hearing official thinks are important. If someone refuses a subpoena, U.S. district courts can order them to comply. Ignoring that court order can be punished as contempt. The authority seeking enforcement must ask the Attorney General to ask a district court where the hearing is happening or where the subpoenaed person lives or does business to issue the enforcement order.

Full Legal Text

Title 31, §3804

Money and Finance — Source: USLM XML via OLRC

(a)For the purposes of an investigation under section 3803(a)(1) of this title, an investigating official is authorized to require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and data not otherwise reasonably available to the authority.

(b)For the purposes of conducting a hearing under section 3803(f) of this title, a presiding officer is authorized—

(1)to administer oaths or affirmations; and

(2)to require by subpoena the attendance and testimony of witnesses and the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence which the presiding officer considers relevant and material to the hearing.

(c)In the case of contumacy or refusal to obey a subpoena issued pursuant to subsection (a) or (b) of this section, the district courts of the United States shall have jurisdiction to issue an appropriate order for the enforcement of any such subpoena. Any failure to obey such order of the court is punishable by such court as contempt. In any case in which an authority seeks the enforcement of a subpoena issued pursuant to subsection (a) or (b) of this section, the authority shall request the Attorney General to petition any district court in which a hearing under this chapter is being conducted, or in which the person receiving the subpoena resides or conducts business, to issue such an order.

Reference

Citations & Metadata

Citation

31 U.S.C. § 3804

Title 31 — Money and Finance

Last Updated

Apr 6, 2026

Release point: 119-73