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Title 42, The Public Health and WelfareRelease 119-73not60

§1320a–4 Issuance of Subpenas by Comptroller General

Title 42 › Chapter 7— SOCIAL SECURITY › Subchapter XI— GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE SIMPLIFICATION › Part A— General Provisions › § 1320a–4

Last updated Apr 5, 2026|Official source

Summary

The Comptroller General can issue subpoenas to require people to give books, records, documents, or other information for audits, reviews, or investigations of programs under this chapter. Subpoenas can be handed to the person or sent by registered or certified mail to their last known home or main business address. A sworn statement from the person who served the subpoena or the signed postal receipt proves it was served. If someone refuses to obey a properly served subpoena, a U.S. district court where that person lives or works can order them to produce the records. If they still disobey the court order, the court can hold them in contempt. The Comptroller General will be represented by attorneys from the Government Accountability Office or by lawyers he hires without using the usual federal hiring and pay rules. Personal medical records that the Government Accountability Office has cannot be subpoenaed or used in civil discovery.

Full Legal Text

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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

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

Reference

Citations & Metadata

Citation

42 U.S.C. § 1320a–4

Title 42, The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60