
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 31USC716]

 
                       TITLE 31--MONEY AND FINANCE
 
                           SUBTITLE I--GENERAL
 
                  CHAPTER 7--GENERAL ACCOUNTING OFFICE
 
                SUBCHAPTER II--GENERAL DUTIES AND POWERS
 
Sec. 716. Availability of information and inspection of records

    (a) Each agency shall give the Comptroller General information the 
Comptroller General requires about the duties, powers, activities, 
organization, and financial transactions of the agency. The Comptroller 
General may inspect an agency record to get the information. This 
subsection does not apply to expenditures made under section 3524 or 
3526(e) of this title.
    (b)(1) When an agency record is not made available to the 
Comptroller General within a reasonable time, the Comptroller General 
may make a written request to the head of the agency. The request shall 
state the authority for inspecting the records and the reason for the 
inspection. The head of the agency has 20 days after receiving the 
request to respond. The response shall describe the record withheld and 
the reason the record is being withheld. If the Comptroller General is 
not given an opportunity to inspect the record within the 20-day period, 
the Comptroller General may file a report with the President, the 
Director of the Office of Management and Budget, the Attorney General, 
the head of the agency, and Congress.
    (2) Through an attorney the Comptroller General designates in 
writing, the Comptroller General may bring a civil action in the 
district court of the United States for the District of Columbia to 
require the head of the agency to produce a record--
        (A) after 20 days after a report is filed under paragraph (1) of 
    this subsection; and
        (B) subject to subsection (d) of this section.

    (3) The Attorney General may represent the head of the agency. The 
court may punish a failure to obey an order of the court under this 
subsection as a contempt of court.
    (c)(1) Subject to subsection (d) of this section, the Comptroller 
General may subpena a record of a person not in the United States 
Government when the record is not made available to the Comptroller 
General to which the Comptroller General has access by law or by 
agreement of that person from whom access is sought. A subpena shall 
identify the record and the authority for the inspection and may be 
issued by the Comptroller General. The Comptroller General may have an 
individual serve a subpena under this subsection by delivering a copy to 
the person named in the subpena or by mailing a copy of the subpena by 
certified or registered mail, return receipt requested, to the residence 
or principal place of business of the person. Proof of service is shown 
by a verified return by the individual serving the subpena that states 
how the subpena was served or by the return receipt signed by the person 
served.
    (2) If a person residing, found, or doing business in a judicial 
district refuses to comply with a subpena issued under paragraph (1) of 
this subsection, the Comptroller General, through an attorney the 
Comptroller General designates in writing, may bring a civil action in 
that district court to require the person to produce the record. The 
court has jurisdiction of the action and may punish a failure to obey an 
order of the court under this subsection as a contempt of court.
    (d)(1) The Comptroller General may not bring a civil action for a 
record withheld under subsection (b) of this section or issue a subpena 
under subsection (c) of this section if--
        (A) the record related to activities the President designates as 
    foreign intelligence or counterintelligence activities;
        (B) the record is specifically exempted from disclosure to the 
    Comptroller General by a statute that--
            (i) without discretion requires that the record be withheld 
        from the Comptroller General;
            (ii) establishes particular criteria for withholding the 
        record from the Comptroller General; or
            (iii) refers to particular types of records to be withheld 
        from the Comptroller General; or

        (C) by the 20th day after a report is filed under subsection 
    (b)(1) of this section, the President or the Director certifies to 
    the Comptroller General and Congress that a record could be withheld 
    under section 552(b)(5) or (7) of title 5 and disclosure reasonably 
    could be expected to impair substantially the operations of the 
    Government.

    (2) The President or the Director may not delegate certification 
under paragraph (1)(C) of this subsection. A certification shall include 
a complete explanation of the reasons for the certification.
    (e)(1) The Comptroller General shall maintain the same level of 
confidentiality for a record made available under this section as is 
required of the head of the agency from which it is obtained. Officers 
and employees of the General Accounting Office are subject to the same 
statutory penalties for unauthorized disclosure or use as officers or 
employees of the agency.
    (2) The Comptroller General shall keep information described in 
section 552(b)(6) of title 5 that the Comptroller General obtains in a 
way that prevents unwarranted invasions of personal privacy.
    (3) This section does not authorize information to be withheld from 
Congress.

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 892.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised Section                   Source (U.S. Code)                
Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
716(a)...............................  31:54(a).                       June 10,
 1921, ch. 18, Sec.  313(a), 42
                                                                        Stat. 2
6; Apr. 3, 1980, Pub. L. 96-226,
                                                                        Sec.  1
02, 94 Stat. 312.
716(b)...............................  31:54(b).                       June 10,
 1921, ch. 18, 42 Stat. 20, Sec.
                                                                        313(b)-
(f); added Apr. 3, 1980, Pub. L.
                                                                        96-226,
 Sec.  102, 94 Stat. 312.
716(c)...............................  31:54(c).
716(d)...............................  31:54(d).
716(e)...............................  31:54(e), (f).
-------------------------------------------------------------------------------
---------------------------------

    In the section, the word ``records'' is substituted for ``books, 
documents, papers, or records'', ``books, records, correspondence, 
memoranda, papers, and documents'', and ``written information, books, 
documents, papers, or records'' for consistency in the revised title and 
with other titles of the United States Code. The word ``Congress'' is 
substituted for ``Speaker of the House of Representatives, and the 
President of the Senate'' for consistency in the revised title.
    In subsections (a) and (b), the word ``agency'' is substituted for 
``departments and establishments'' because of section 701 of the revised 
title.
    In subsection (a), the words ``methods of business'' are omitted as 
surplus. The words ``or any of his assistants or employees, when duly 
authorized by him'' are omitted because of sections 702(b) and 711 of 
the revised title. The word ``inspect'' is substituted for ``shall . . . 
have access to and the right to examine'' for consistency. The cross 
reference to section 3524 is added for clarity.
    In subsection (b)(1), the words ``to the Comptroller General'' are 
substituted for ``access to'' for clarity and consistency. The words 
``in his discretion'', ``in addition to subsection (a)'', ``a period 
of'', and ``to the written request of the Comptroller General'' are 
omitted as surplus. The words ``or any of his designated assistants or 
employees'' are omitted because of sections 702(b) and 711 of the 
revised title.
    In subsection (b)(2), before clause (A), the words ``bring a civil 
action'' are substituted for ``apply'' to conform to rule 2 of the 
Federal Rules of Civil Procedure (28 App. U.S.C.). In clause (A), the 
words ``calendar'' and ``written'' are omitted as surplus.
    In subsection (b)(3), the words ``head of the agency'' are 
substituted for ``defendant official'' for consistency.
    In subsection (c)(1), the words ``require by . . . the production 
of'' are omitted as surplus. The words ``person not in the United States 
Government'' are substituted for ``contractors, subcontractors, or other 
non-Federal persons'' for consistency and to eliminate unnecessary 
words. The words ``from whom access is sought'', ``in the case of 
service by certified or registered mail'', and ``post office'' are 
omitted as surplus.
    In subsection (c)(2), the words ``judicial district'' are 
substituted for ``jurisdiction of any district court of the United 
States'' for consistency and to eliminate unnecessary words. The words 
``contumacy or'' are omitted as surplus. The words ``may bring a civil 
action'' are substituted for ``upon application made by'' to conform to 
rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).
    In subsection (d)(1), before clause (A), the words ``requiring the 
production of material'' are omitted as surplus. In clause (C), the 
words ``in writing'', ``consists of matters which . . . from 
disclosure'', ``United States Code'', ``of such material to the 
Comptroller General'', and ``Federal'' are omitted as surplus.
    In subsection (e)(1), the words ``the head of'' are added for 
consistency. The words ``from which such material was obtained'' are 
omitted as surplus.

                  Section Referred to in Other Sections

    This section is referred to in section 3523 of this title; title 12 
section 1833c; title 20 section 1082; title 22 section 3143; title 38 
section 7366; title 44 section 3519; title 50 App. section 2411.
