§1320a–4 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Comptroller General can require people to turn over books, records, documents, or other information needed for any audit, investigation, review, or similar work under this chapter. The order can be handed to the person in person or sent by registered or certified mail to their last home or main business. A signed report from the server or the signed postal receipt proves the order was delivered. If someone refuses, a U.S. district court where that person lives, is found, or does business can order them to produce the records, and not obeying that court order can be punished as contempt. In those court actions, the Comptroller General will be represented by Government Accountability Office lawyers or by lawyers he hires, and he does not have to follow the usual federal hiring or pay rules for those hires. Personal medical records in the GAO’s possession cannot be subpoenaed or used in civil discovery.

Title 42, §1320a–4

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

(a)For the purpose of any audit, investigation, examination, analysis, review, evaluation, or other function authorized by law with respect to any program authorized under this chapter, the Comptroller General of the United States shall have power to sign and issue subpenas to any person requiring the production of any pertinent books, records, documents, or other information. Subpenas so issued by the Comptroller General shall be served by anyone authorized by him (1) by delivering a copy thereof to the person named therein, or (2) by registered mail or by certified mail addressed to such person at his last dwelling place or principal place of business. A verified return by the person so serving the subpena setting forth the manner of service, or, in the case of service by registered mail or by certified mail, the return post office receipt therefor signed by the person so served, shall be proof of service.

(b)In case of contumacy by, or refusal to obey a subpena issued pursuant to subsection (a) of this section and duly served upon, any person, any district court of the United States for the judicial district in which such person charged with contumacy or refusal to obey is found or resides or transacts business, upon application by the Comptroller General, shall have jurisdiction to issue an order requiring such person to produce the books, records, documents, or other information sought by the subpena; and any failure to obey such order of the court may be punished by the court as a contempt thereof. In proceedings brought under this subsection, the Comptroller General shall be represented by attorneys employed in the Government Accountability Office or by counsel whom he may employ without regard to the provisions of title 5 governing appointments in the competitive service, and the provisions of chapter 51 and subchapters III and VI of chapter 53 of such title, relating to classification and General Schedule pay rates.

(c)No personal medical record in the possession of the Government Accountability Office shall be subject to subpena or discovery proceedings in a civil action.

Editorial Notes

Amendments

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

§1320a–4 Issuance of subpenas by Comptroller General

Summary

Title 42, §1320a–4

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata