42 U.S.C. § 1320a–4 — Issuance of subpenas by Comptroller General
submitted 91 years ago by Pub. L. 95-142 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 371 words · no verdicts yet
For authorized work involving programs under this chapter, the Comptroller General may subpoena relevant records and information. A district court may enforce the subpoena and punish disobedience as contempt, but personal medical records held by the Government Accountability Office are not subject to subpoena or civil discovery.
(a) Subpoenas. For any audit, investigation, examination, analysis, review, evaluation, or other legally authorized function concerning a program under this chapter, the Comptroller General may sign and issue subpoenas requiring any person* to produce relevant books, records, documents, or other information. An authorized person may serve the subpoena by delivering a copy to the named person or by registered or certified mail to the person’s last home or main business address. A verified return stating how service occurred, or the signed postal receipt for mailed service, proves service.
(b) Refusal and contempt. If a person refuses or fails to obey a properly served subpoena, a United States* district court in the district where that person is found, lives, or does business must have jurisdiction, on the Comptroller General’s application, to order production of the requested material. The court may punish failure to obey its order as contempt. In these proceedings, the Comptroller General may be represented by Government Accountability Office attorneys or by counsel hired without regard to the specified title 5 competitive-service, classification, and General Schedule pay rules.
(c) Medical records. Personal medical records held by the Government Accountability Office are not subject to subpoena or discovery in a civil action.
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.
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.
No personal medical record in the possession of the Government Accountability Office shall be subject to subpena or discovery proceedings in a civil action.
Source credit: (Aug. 14, 1935, ch. 531, title XI, § 1125, as added Pub. L. 95–142, § 6, Oct. 25, 1977, 91 Stat. 1192; amended Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
- 1935Enacted · Pub. L. 95-142 · 91 Stat. 1192
- 2004Amended · Pub. L. 108-271 · 118 Stat. 814
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-142 on 1935-08-14.
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