§6384 — Title 42 The Public Health and Welfare | U.S. Code

Summary

If someone ignores a general or special order from the Comptroller General under 6382(a)(1)(B), they can be fined up to $10,000 for each violation. Each day they do not follow the order counts as a separate violation. The Comptroller General decides the fine and can sue to collect it using a GAO lawyer or, if asked, the Attorney General. No fine applies while the order is stayed. Only the United States Court of Appeals for the District of Columbia can hear cases to block or cancel such an order. Only the United States District Court for the District of Columbia can hear cases to collect the fine, though legal papers may be served anywhere in the United States. A district court where an inquiry is happening can order someone to obey a Comptroller General subpoena, and breaking that court order can be treated as contempt.

Title 42, §6384

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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.

(b)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.

(c)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.

Editorial Notes

Amendments

2004—Subsecs. (a), (c). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.

§6384 Enforcement

Summary

Title 42, §6384

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata