42 U.S.C. § 6384: Enforcement

Summary

If a person fails to follow an order from the Comptroller General, they can be fined up to $10,000 for each violation, and each day of noncompliance counts as a separate violation. The Comptroller General decides the penalty and tries to collect it by suing in a civil case using GAO lawyers or other attorneys the Comptroller General chooses, or by asking the Attorney General to act. No one is liable for times when the order was stayed. Only the United States Court of Appeals for the District of Columbia can hear cases asking to block or cancel those orders. Only the United States District Court for the District of Columbia can collect the fines, though collection papers can be served anywhere in the United States. If someone refuses to obey a Comptroller General subpoena, a U.S. district court where the inquiry is happening can order compliance, and failure to obey that court order can be treated as contempt.

Title 42, §6384

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

(a)Civil penalties

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)Jurisdiction; process

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)Securing compliance with subpena

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