Title 31 — Money and Finance — § 3803. Hearing and determinations
Summary
Pages 351 through 355 of Title 31 of the United States Code, Money and Finance, carrying § 3803, Hearing and determinations, with the end of § 3802 and the start of § 3804 on subpoena authority. Section 3803 sets out how an investigating official reports allegations of liability under section 3802, how a reviewing official may refer them to a presiding officer once the Attorney General approves in writing, and the hearing rights of the person alleged to be liable. It bars referral of claims above $1,000,000, a cap that a 2024 amendment by Pub. L. 118–159 raised from $150,000, and limits referrals involving individual benefits. A presiding officer decides liability on the preponderance of the evidence, a person found liable may appeal to the authority head within 30 days, and the reviewing official may compromise or settle allegations.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
Page 351 TITLE 31—MONEY AND FINANCE § 3803
(A) the person knows or has reason to § 3803. Hearing and determinations
know—
(a)(1) The investigating official of an author-
(i) asserts a material fact which is false, ity may investigate allegations that a person is
fictitious, or fraudulent; or liable under section 3802 of this title and shall
(ii)(I) omits a material fact; and report the findings and conclusions of such in-
(II) is false, fictitious, or fraudulent as a vestigation to the reviewing official of the au-
result of such omission; thority. The preceding sentence does not modify
(B) in the case of a statement described in any responsibility of an investigating official to
clause (ii) of subparagraph (A), is a statement report violations of criminal law to the Attor-
in which the person making, presenting, or ney General.
submitting such statement has a duty to in- (2) If the reviewing official of an authority de-
clude such material fact; and termines, based upon the report of the inves-
(C) contains or is accompanied by an express tigating official under paragraph (1) of this sub-
certification or affirmation of the truthfulness section, that there is adequate evidence to be-
and accuracy of the contents of the statement, lieve that a person is liable under section 3802 of
this title, the reviewing official shall transmit
shall be subject to, in addition to any other rem- to the Attorney General a written notice of the
edy that may be prescribed by law, a civil pen- intention of such official to refer the allegations
alty of not more than $5,000 for each such state- of such liability to a presiding officer of such au-
ment. thority. Such notice shall include—
(3)(A) Except as provided in subparagraph (B), (A) a statement of the reasons of the review-
an assessment shall not be made under the sec- ing official for the referral of such allegations;
ond sentence of paragraph (1) with respect to a (B) a statement specifying the evidence
claim if payment by the Government has not which supports such allegations;
been made on such claim. (C) a description of the claims or statements
(B) In the case of a claim described in section for which liability under section 3802 of this
3801(a)(3)(C), an assessment shall not be made title is alleged;
under the second sentence of paragraph (1) in an (D) an estimate of the amount of money or
amount that is more than double the value of the value of property or services requested or
the property, services, or money that was demanded in violation of section 3802 of this
wrongfully withheld from the authority. title; and
(b)(1) Except as provided in paragraphs (2) and (E) a statement of any exculpatory or miti-
(3) of this subsection— gating circumstances which may relate to
(A) a determination under section 3803(a)(2) such claims or statements.
of this title that there is adequate evidence to (b)(1) Within 90 days after receipt of a notice
believe that a person is liable under subsection from a reviewing official under paragraph (2) of
(a) of this section; or subsection (a), the Attorney General or an As-
(B) a determination under section 3803 of sistant Attorney General designated by the At-
this title that a person is liable under sub- torney General shall transmit a written state-
section (a) of this section, ment to the reviewing official which specifies—
(A) that the Attorney General or such As-
may provide the authority with grounds for
sistant Attorney General approves or dis-
commencing any administrative or contractual
approves the referral to a presiding officer of
action against such person which is authorized
the allegations of liability stated in such no-
by law and which is in addition to any action
tice;
against such person under this chapter. (B) in any case in which the referral of alle-
(2) A determination referred to in paragraph gations is approved, that the initiation of a
(1) of this subsection may be used by the author- proceeding under this section with respect to
ity, but shall not require such authority, to such allegations is appropriate; and
commence any administrative or contractual (C) in any case in which the referral of alle-
action which is authorized by law. gations is disapproved, the reasons for such
(3) In the case of an administrative or contrac- disapproval.
tual action to suspend or debar any person who
is eligible to enter into contracts with the Fed- (2) A reviewing official may refer allegations
eral Government, a determination referred to in of liability to a presiding officer only if the At-
torney General or an Assistant Attorney Gen-
paragraph (1) of this subsection shall not be con-
eral designated by the Attorney General ap-
sidered as a conclusive determination of such
proves the referral of such allegations in a writ-
person’s responsibility pursuant to Federal pro-
ten statement described in paragraph (1) of this
curement laws and regulations.
subsection.
(Added Pub. L. 99–509, title VI, § 6103(a), Oct. 21, (3) If the Attorney General or an Assistant At-
1986, 100 Stat. 1937; amended Pub. L. 118–159, div. torney General designated by the Attorney Gen-
E, title LII, § 5203(b)(2), Dec. 23, 2024, 138 Stat. eral transmits to an authority head a written
2440.) finding that the continuation of any hearing
under this section with respect to a claim or
Editorial Notes statement may adversely affect any pending or
potential criminal or civil action related to such
AMENDMENTS claim or statement, such hearing shall be imme-
2024—Subsec. (a)(3). Pub. L. 118–159 designated exist- diately stayed and may be resumed only upon
ing provisions as subpar. (A), substituted ‘‘Except as written authorization of the Attorney General.
provided in subparagraph (B), an assessment’’ for ‘‘An (c)(1) No allegations of liability under section
assessment’’, and added subpar. (B). 3802 of this title with respect to any claim made,
§ 3803 TITLE 31—MONEY AND FINANCE Page 352
presented, or submitted by any person shall be (xi) benefits under section 336 of the Older
referred to a presiding officer under paragraph Americans Act;
(2) of subsection (b) if the reviewing official de- (xii) any annuity or other benefit under the
termines that— Railroad Retirement Act of 1974;
(A) an amount of money in excess of (xiii) benefits under the Richard B. Russell
$1,000,000; or National School Lunch Act;
(B) property or services with a value in ex- (xiv) benefits under any housing assistance
cess of $1,000,000, program for lower income families or elderly
is requested or demanded in violation of section or handicapped persons which is administered
3802 of this title in such claim or in a group of by the Secretary of Housing and Urban Devel-
related claims which are submitted at the time opment or the Secretary of Agriculture;
such claim is submitted. (xv) benefits under the Low-Income Home
(2)(A) Except as provided in subparagraph (B) Energy Assistance Act of 1981; and
of this paragraph, no allegations of liability (xvi) benefits under part A of the Energy
against an individual under section 3802 of this Conservation in Existing Buildings Act of 1976,
title with respect to any claim or statement which are intended for the personal use of the
made, presented, or submitted, or caused to be individual who receives the benefits or for a
made, presented, or submitted, by such indi- member of the individual’s family.
vidual relating to any benefits received by such (3) ADJUSTMENT FOR INFLATION.—The max-
individual shall be referred to a presiding officer imum amount in paragraph (1) shall be adjusted
under paragraph (2) of subsection (b). for inflation in the same manner and to the
(B) Allegations of liability against an indi- same extent as civil monetary penalties under
vidual under section 3802 of this title with re- the Federal Civil Penalties Inflation Adjustment
spect to any claim or statement made, pre- Act 1 (28 U.S.C. 2461 note).
sented, or submitted, or caused to be made, pre- (d)(1) On or after the date on which a review-
sented, or submitted, by such individual relating ing official is permitted to refer allegations of
to any benefits received by such individual may liability to a presiding officer under subsection
be referred to a presiding officer under para- (b) of this section, the reviewing official shall
graph (2) of subsection (b) if— mail, by registered or certified mail, or shall de-
(i) such claim or statement is made by such liver, a notice to the person alleged to be liable
individual in making application for such ben- under section 3802 of this title. Such notice shall
efits; specify the allegations of liability against such
(ii) such allegations relate to the eligibility person and shall state the right of such person
of such individual to receive such benefits; and to request a hearing with respect to such allega-
(iii) with respect to such claim or statement, tions.
the individual— (2) If, within 30 days after receiving a notice
(I) has actual knowledge that the claim or under paragraph (1) of this subsection, the per-
statement is false, fictitious, or fraudulent; son receiving such notice requests a hearing
(II) acts in deliberate ignorance of the with respect to the allegations contained in
truth or falsity of the claim or statement; or such notice—
(III) acts in reckless disregard of the truth (A) the reviewing official shall refer such al-
or falsity of the claim or statement. legations to a presiding officer for the com-
(C) For purposes of this subsection, the term mencement of such hearing;
‘‘benefits’’ means— (B)(i) in the case of a referral to a presiding
(i) benefits under the supplemental security officer described in subparagraph (A) or (B) of
income program under title XVI of the Social section 3801(a)(7), the presiding officer shall
Security Act; commence such hearing by mailing by reg-
(ii) old age, survivors, and disability insur- istered or certified mail, or by delivery of, a
ance benefits under title II of the Social Secu- notice which complies with paragraphs (2)(A)
rity Act; and (3)(B)(i) of subsection (g) to such person;
(iii) benefits under title XVIII of the Social or
Security Act; (ii) in the case of a referral to a presiding of-
(iv) assistance under a State program funded ficer described in subparagraph (C) of section
under part A of title IV of the Social Security 3801(a)(7)—
Act; (I) the reviewing official shall submit a
(v) medical assistance under a State plan ap- copy of the notice required by under para-
proved under section 1902(a) of the Social Se- graph (1) and of the response of the person
curity Act; receiving such notice requesting a hearing—
(vi) benefits under title XX of the Social Se- (aa) to the board of contract appeals that
curity Act; has jurisdiction over matters arising from
(vii) benefits under the supplemental nutri- the agency of the reviewing official pursu-
tion assistance program (as defined in section ant to section 7105(e)(1) of title 41; or
3 of the Food and Nutrition Act of 2008); (bb) if the Chair of the board of contract
(viii) benefits under chapters 11, 13, 15, 17, appeals declines to accept the referral, to
and 21 of title 38; any other board of contract appeals; and
(ix) benefits under the Black Lung Benefits
Act; (II) the reviewing official shall simulta-
(x) benefits under the special supplemental neously mail, by registered or certified mail,
nutrition program for women, infants, and or shall deliver, notice to the person alleged
children established under section 17 of the
Child Nutrition Act of 1966; 1 So in original. Probably should be followed by ‘‘of 1990’’.
Page 353 TITLE 31—MONEY AND FINANCE § 3803
to be liable under section 3802 that the refer- the authority head under paragraphs (2) and
ral has been made to an agency board of con- (3) of this subsection.
tract appeals with an explanation as to (2) An authority head of an authority de-
where the person may obtain the relevant scribed in subparagraph (B) of paragraph (1)
rules of procedure promulgated by the board; shall by regulation promulgate procedures for
and the conduct of hearings under this chapter. Such
(C) in the case of a hearing conducted by a procedures shall include:
presiding officer described in subparagraph (C) (A) The provision of written notice of the
of section 3801(a)(7)— hearing to any person alleged to be liable
(i) the presiding officer shall conduct the under section 3802 of this title, including writ-
hearing according to the rules and proce- ten notice of—
dures promulgated by the board of contract (i) the time, place, and nature of the hear-
appeals; and ing;
(ii) the hearing shall not be subject to the (ii) the legal authority and jurisdiction
provisions in subsection (g)(2), (h), or (i). under which the hearing is to be held; and
(iii) the matters of facts and law to be as-
(e)(1)(A) Except as provided in subparagraph serted.
(B) of this paragraph, at any time after receiv-
ing a notice under paragraph (2)(B) of subsection (B) The provision to any person alleged to be
(d), the person receiving such notice shall be en- liable under section 3802 of this title of oppor-
titled to review, and upon payment of a reason- tunities for the submission of facts, argu-
able fee for duplication, shall be entitled to ob- ments, offers of settlement, or proposals of ad-
tain a copy of, all relevant and material docu- justment.
(C) Procedures to ensure that the presiding
ments, transcripts, records, and other materials,
officer shall not, except to the extent required
which relate to such allegations and upon which
for the disposition of ex parte matters as au-
the findings and conclusions of the investigating
thorized by law—
official under paragraph (1) of subsection (a) are
(i) consult a person or party on a fact in
based.
issue, unless on notice and opportunity for
(B) A person is not entitled under subpara-
all parties to the hearing to participate; or
graph (A) to review and obtain a copy of any (ii) be responsible to or subject to the su-
document, transcript, record, or material which pervision or direction of the investigating
is privileged under Federal law. official or the reviewing official.
(2) At any time after receiving a notice under
paragraph (2)(B) of subsection (d), the person re- (D) Procedures to ensure that the inves-
ceiving such notice shall be entitled to obtain tigating official and the reviewing official do
all exculpatory information in the possession of not participate or advise in the decision re-
the investigating official or the reviewing offi- quired under subsection (h) of this section or
cial relating to the allegations contained in the review of the decision by the authority
such notice. The provisions of subparagraph (B) head under subsection (i) of this section, ex-
of paragraph (1) do not apply to any document, cept as provided in subsection (j) of this sec-
transcript, record, or other material, or any por- tion.
tion thereof, in which such exculpatory informa- (E) The provision to any person alleged to be
tion is contained. liable under section 3802 of this title of oppor-
(f) Any hearing commenced under paragraph tunities to present such person’s case through
(2) of subsection (d) shall be conducted by the oral or documentary evidence, to submit re-
presiding officer on the record in order to deter- buttal evidence, and to conduct such cross-ex-
mine— amination as may be required for a full and
(1) the liability of a person under section true disclosure of the facts.
3802 of this title; and (F) Procedures to permit any person alleged
(2) if a person is determined to be liable to be liable under section 3802 of this title to
under such section, the amount of any civil be accompanied, represented, and advised by
penalty or assessment to be imposed on such counsel or such other qualified representative
person. as the authority head may specify in such reg-
ulations.
Any such determination shall be based on the (G) Procedures to ensure that the hearing is
preponderance of the evidence. conducted in an impartial manner, including
(g)(1) Each hearing under subsection (f) of this procedures to—
section shall be conducted— (i) permit the presiding officer to at any
(A) in the case of an authority to which the time disqualify himself; and
provisions of subchapter II of chapter 5 of title (ii) permit the filing, in good faith, of a
5 apply, in accordance with— timely and sufficient affidavit alleging per-
(i) the provisions of such subchapter to the sonal bias or another reason for disqualifica-
extent that such provisions are not incon- tion of a presiding officer or a reviewing offi-
sistent with the provisions of this chapter; cial.
and (3)(A) Each authority head shall promulgate
(ii) procedures promulgated by the author- by regulation procedures described in subpara-
ity head under paragraph (3) of this sub- graph (B) of this paragraph for the conduct of
section; or hearings under this chapter. Such procedures
(B) in the case of an authority to which the shall be in addition to the procedures described
provisions of such subchapter do not apply, in in paragraph (1) or paragraph (2) of this sub-
accordance with procedures promulgated by section, as the case may be.
§ 3803 TITLE 31—MONEY AND FINANCE Page 354
(B) The procedures referred to in subparagraph tions of a presiding officer shall not consider
(A) of this paragraph are: any objection that was not raised in the hearing
(i) Procedures for the inclusion, in any writ- conducted pursuant to subsection (f) of this sec-
ten notice of a hearing under this section to tion unless a demonstration is made of extraor-
any person alleged to be liable under section dinary circumstances causing the failure to
3802 of this title, of a description of the proce- raise the objection. If any party demonstrates to
dures for the conduct of the hearing. the satisfaction of the authority head that addi-
(ii) Procedures to permit discovery by any tional evidence not presented at such hearing is
person alleged to be liable under section 3802 material and that there were reasonable grounds
of this title only to the extent that the pre- for the failure to present such evidence at such
siding officer determines that such discovery hearing, the authority head shall remand the
is necessary for the expeditious, fair, and rea- matter to the presiding officer for consideration
sonable consideration of the issues, except of such additional evidence.
that such procedures shall not apply to docu- (C) The authority head may affirm, reduce, re-
ments, transcripts, records, or other material verse, compromise, remand, or settle any pen-
which a person is entitled to review under alty or assessment determined by the presiding
paragraph (1) of subsection (e) or to informa- officer pursuant to this section. The authority
tion to which a person is entitled under para- head shall promptly send to each party to the
graph (2) of such subsection. Procedures pro- appeal a copy of the decision of the authority
mulgated under this clause shall prohibit the head and a statement describing the right of any
discovery of the notice required under sub- person determined to be liable under section 3802
section (a)(2) of this section. of this title to judicial review under section 3805
(4) Each hearing under subsection (f) of this of this title.
section shall be held— (j)(1) The reviewing official has the exclusive
(A) in the judicial district of the United authority to compromise or settle any allega-
States in which the person alleged to be liable tions of liability under section 3802 of this title
under section 3802 of this title resides or trans- against a person without the consent of the pre-
acts business; siding officer at any time after the date on
(B) in the judicial district of the United which the reviewing official is permitted to refer
States in which the claim or statement upon allegations of liability to a presiding officer
which the allegation of liability under such under subsection (b) of this section and prior to
section was made, presented, or submitted; or the date on which the presiding officer issues a
(C) in such other place as may be agreed decision under subsection (h) of this section.
upon by such person and the presiding officer Any such compromise or settlement shall be in
who will conduct such hearing. writing.
(2) A reviewing official shall notify the Attor-
(h) The presiding officer shall issue a written ney General in writing not later than 30 days be-
decision, including findings and determinations, fore entering into any agreement to compromise
after the conclusion of the hearing. Such deci- or settle allegations of liability under section
sion shall include the findings of fact and con- 3802 and before the date on which the reviewing
clusions of law which the presiding officer relied official is permitted to refer allegations of li-
upon in determining whether a person is liable ability to a presiding officer under subsection
under this chapter. The presiding officer shall (b).
promptly send to each party to the hearing a
copy of such decision and a statement describing (Added Pub. L. 99–509, title VI, § 6103(a), Oct. 21,
the right of any person determined to be liable 1986, 100 Stat. 1939; amended Pub. L. 103–448, title
under section 3802 of this title to appeal the de- II, § 204(w)(2)(C), Nov. 2, 1994, 108 Stat. 4746; Pub.
cision of the presiding officer to the authority L. 104–193, title I, § 110(o), Aug. 22, 1996, 110 Stat.
head under paragraph (2) of subsection (i). 2175; Pub. L. 106–78, title VII, § 752(b)(13), Oct. 22,
(i)(1) Except as provided in paragraph (2) of 1999, 113 Stat. 1169; Pub. L. 110–234, title IV,
this subsection and section 3805 of this title, the §§ 4002(b)(1)(A), (B), (2)(S), 4115(c)(2)(E), May 22,
decision, including the findings and determina- 2008, 122 Stat. 1095–1097, 1110; Pub. L. 110–246,
tions, of the presiding officer issued under sub- § 4(a), title IV, §§ 4002(b)(1)(A), (B), (2)(S),
section (h) of this section are final. 4115(c)(2)(E), June 18, 2008, 122 Stat. 1664, 1857,
(2)(A)(i) Except as provided in clause (ii) of 1858, 1871; Pub. L. 113–79, title IV, § 4030(o), Feb.
this subparagraph, within 30 days after the pre- 7, 2014, 128 Stat. 815; Pub. L. 118–159, div. E, title
siding officer issues a decision under subsection LII, § 5203(c), (f), (g)(1)(B), Dec. 23, 2024, 138 Stat.
(h) of this section, any person determined in 2440–2442.)
such decision to be liable under section 3802 of
Editorial Notes
this title may appeal such decision to the au-
thority head. REFERENCES IN TEXT
(ii) If, within the 30-day period described in The Social Security Act, referred to in subsec.
clause (i) of this subparagraph, a person deter- (c)(2)(C)(i) to (vi), is act Aug. 14, 1935, ch. 531, 49 Stat.
mined to be liable under this chapter requests 620. Titles II, XVI, XVIII, and XX of the Act are classi-
the authority head for an extension of such 30- fied generally to subchapters II (§ 401 et seq.), XVI
day period to file an appeal of a decision issued (§ 1381 et seq.), XVIII (§ 1395 et seq.), and XX (§ 1397 et
by the presiding officer under subsection (h) of seq.), respectively, of chapter 7 of Title 42, The Public
Health and Welfare. Part A of title IV of the Act is
this section, the authority head may extend classified generally to part A (§ 601 et seq.) of sub-
such period if such person demonstrates good chapter IV of chapter 7 of Title 42. Section 1902(a) of
cause for such extension. the Act is classified to section 1396a(a) of Title 42. For
(B) Any authority head reviewing under this complete classification of this Act to the Code, see sec-
section the decision, findings, and determina- tion 1305 of Title 42 and Tables.
Page 355 TITLE 31—MONEY AND FINANCE § 3804
Section 3 of the Food and Nutrition Act of 2008, re- Pub. L. 110–246, § 4002(b)(1)(A), (B), (2)(S), substituted
ferred to in subsec. (c)(2)(C)(vii), is classified to section ‘‘supplemental nutrition assistance program’’ for ‘‘food
2012 of Title 7, Agriculture. stamp program’’ and ‘‘Food and Nutrition Act of 2008’’
The Black Lung Benefits Act, referred to in subsec. for ‘‘Food Stamp Act of 1977’’.
(c)(2)(C)(ix), is title IV of Pub. L. 91–173, Dec. 30, 1969, 1999—Subsec. (c)(2)(C)(xiii). Pub. L. 106–78 substituted
83 Stat. 792, which is classified generally to subchapter ‘‘Richard B. Russell National School Lunch Act’’ for
IV (§ 901 et seq.) of chapter 22 of Title 30, Mineral Lands ‘‘National School Lunch Act’’.
and Mining. For complete classification of this Act to 1996—Subsec. (c)(2)(C)(iv). Pub. L. 104–193 amended cl.
the Code, see section 901(b) of Title 30 and Tables. (iv) generally. Prior to amendment, cl. (iv) read as fol-
Section 17 of the Child Nutrition Act of 1966, referred lows: ‘‘aid to families with dependent children under a
to in subsec. (c)(2)(C)(x), is classified to section 1786 of State plan approved under section 402(a) of the Social
Title 42, The Public Health and Welfare. Security Act;’’.
Section 336 of the Older Americans Act, referred to in 1994—Subsec. (c)(2)(C)(x). Pub. L. 103–448 substituted
subsec. (c)(2)(C)(xi), probably means section 336 of the ‘‘special supplemental nutrition program’’ for ‘‘special
Older Americans Act of 1965, which is classified to sec- supplemental food program’’.
tion 3030f of Title 42.
The Railroad Retirement Act of 1974, referred to in Statutory Notes and Related Subsidiaries
subsec. (c)(2)(C)(xii), is act Aug. 29, 1935, ch. 812, as
amended generally by Pub. L. 93–445, title I, § 101, Oct. EFFECTIVE DATE OF 2008 AMENDMENT
16, 1974, 88 Stat. 1305, which is classified generally to Amendment of this section and repeal of Pub. L.
subchapter IV (§ 231 et seq.) of chapter 9 of Title 45, 110–234 by Pub. L. 110–246 effective May 22, 2008, the
Railroads. For further details and complete classifica- date of enactment of Pub. L. 110–234, except as other-
tion of this Act to the Code, see Codification note set wise provided, see section 4 of Pub. L. 110–246, set out
out preceding section 231 of Title 45, section 231t of as an Effective Date note under section 8701 of Title 7,
Title 45, and Tables. Agriculture.
The Richard B. Russell National School Lunch Act, Amendment by sections 4002(b)(1)(A), (B), (2)(S), and
referred to in subsec. (c)(2)(C)(xiii), is act June 4, 1946, 4115(c)(2)(E) of Pub. L. 110–246 effective Oct. 1, 2008, see
ch. 281, 60 Stat. 230, which is classified generally to section 4407 of Pub. L. 110–246, set out as a note under
chapter 13 (§ 1751 et seq.) of Title 42, The Public Health section 1161 of Title 2, The Congress.
and Welfare. For complete classification of this Act to
the Code, see Short Title note set out under section EFFECTIVE DATE OF 1996 AMENDMENT
1751 of Title 42 and Tables. Amendment by Pub. L. 104–193 effective July 1, 1997,
The Low-Income Home Energy Assistance Act of 1981, with transition rules relating to State options to accel-
referred to in subsec. (c)(2)(C)(xv), is title XXVI of Pub. erate such date, rules relating to claims, actions, and
L. 97–35, Aug. 13, 1981, 95 Stat. 893, which is classified proceedings commenced before such date, rules relating
generally to subchapter II (§ 8621 et seq.) of chapter 94 to closing out of accounts for terminated or substan-
of Title 42. For complete classification of this Act to tially modified programs and continuance in office of
the Code, see Short Title note set out under section Assistant Secretary for Family Support, and provisions
8621 of Title 42 and Tables. relating to termination of entitlement under AFDC
The Energy Conservation in Existing Buildings Act of program, see section 116 of Pub. L. 104–193, as amended,
1976, referred to in subsec. (c)(2)(C)(xvi), is title IV of set out as an Effective Date note under section 601 of
Pub. L. 94–385, Aug. 14, 1976, 90 Stat. 1150. Part A of the Title 42, The Public Health and Welfare.
Energy Conservation in Existing Buildings Act of 1976
is classified generally to Part A (§ 6861 et seq.) of sub- EFFECTIVE DATE OF 1994 AMENDMENT
chapter III of chapter 81 of Title 42. For complete clas- Amendment by Pub. L. 103–448 effective Oct. 1, 1994,
sification of this Act to the Code, see Short Title note see section 401 of Pub. L. 103–448, set out as a note
set out under section 6801 of Title 42 and Tables. under section 1755 of Title 42, The Public Health and
The Federal Civil Penalties Inflation Adjustment Act Welfare.
of 1990, referred to in subsec. (c)(3), is Pub. L. 101–410,
Oct. 5, 1990, 104 Stat. 890, which is set out as a note § 3804. Subpoena authority
under section 2461 of Title 28, Judiciary and Judicial
Procedure. (a) For the purposes of an investigation under
section 3803(a)(1) of this title, an investigating
CODIFICATION official is authorized to require by subpoena the
Pub. L. 110–234 and Pub. L. 110–246 made identical production of all information, documents, re-
amendments to this section. The amendments by Pub. ports, answers, records, accounts, papers, and
L. 110–234 were repealed by section 4(a) of Pub. L. data not otherwise reasonably available to the
110–246.
authority.
AMENDMENTS (b) For the purposes of conducting a hearing
2024—Subsec. (c)(1)(A), (B). Pub. L. 118–159, § 5203(c)(1),
under section 3803(f) of this title, a presiding of-
substituted ‘‘$1,000,000’’ for ‘‘$150,000’’. ficer is authorized—
Subsec. (c)(3). Pub. L. 118–159, § 5203(c)(2), added par. (1) to administer oaths or affirmations; and
(3). (2) to require by subpoena the attendance
Subsec. (d)(2)(B). Pub. L. 118–159, § 5203(g)(1)(B)(ii), and testimony of witnesses and the production
designated existing provisions as cl. (i), substituted ‘‘in of all information, documents, reports, an-
the case of a referral to a presiding officer described in swers, records, accounts, papers, and other
subparagraph (A) or (B) of section 3801(a)(7), the pre- data and documentary evidence which the pre-
siding’’ for ‘‘the presiding’’ and ‘‘person; or’’ for ‘‘per-
son.’’, and added cl. (ii)
siding officer considers relevant and material
Subsec. (d)(2)(C). Pub. L. 118–159, § 5203(g)(1)(B)(i), (iii), to the hearing.
added subpar. (C). (c) In the case of contumacy or refusal to obey
Subsec. (j). Pub. L. 118–159, § 5203(f), designated exist- a subpoena issued pursuant to subsection (a) or
ing provisions as par. (1) and added par. (2).
2014—Subsec. (c)(2)(C)(vii). Pub. L. 113–79 substituted
(b) of this section, the district courts of the
‘‘section 3’’ for ‘‘section 3(l)’’. United States shall have jurisdiction to issue an
2008—Subsec. (c)(2)(C)(vii). Pub. L. 110–246, appropriate order for the enforcement of any
§ 4115(c)(2)(E), substituted ‘‘section 3(l)’’ for ‘‘section such subpoena. Any failure to obey such order of
3(h)’’. the court is punishable by such court as con-
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