PRIA, Government Policy, Made Personal

Summary

The Secretary can issue subpoenas (orders to make someone testify or to turn over evidence) and require discovery to help with investigations and hearings under this law. Those subpoenas and discovery follow the same rules and limits as if they were used in a civil case in the U.S. district court where the investigation is happening. People called by subpoena get the same witness and travel pay as in U.S. district courts. If a party asked for the subpoena, that party must pay the witness; if they cannot, the Secretary pays. If a person on purpose refuses to obey a subpoena or order—by not showing up, not testifying, not answering lawful questions, or not producing records when they can—they can be fined up to $100,000, jailed up to one year, or both. If a person intentionally tries to mislead in these proceedings by making false entries, failing to keep true records, or altering or destroying documents, they face the same fine and jail time.

Title 42, §3611

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

(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.

(c)Criminal penalties

(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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 3611, Pub. L. 90–284, title VIII, § 811, Apr. 11, 1968, 82 Stat. 87, related to evidence, prior to repeal by Pub. L. 100–430, § 8(2).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on 180th day beginning after Sept. 13, 1988, see section 13(a) of Pub. L. 100–430, set out as an

Effective Date

of 1988 Amendment note under section 3601 of this title.

§3611 Subpoenas; Giving of Evidence

Summary

Title 42, §3611

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata