
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1320a-4]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
   SUBCHAPTER XI--GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE 
                             SIMPLIFICATION
 
                       Part A--General Provisions
 
Sec. 1320a-4. Issuance of subpenas by Comptroller General


(a) Authorization; scope; service and proof of service

    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) Contumacy or refusal to obey subpena; contempt proceedings

    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 General Accounting 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) Nondisclosure of personal medical records by General Accounting 
        Office

    No personal medical record in the possession of the General 
Accounting Office shall be subject to subpena or discovery proceedings 
in a civil action.

(Aug. 14, 1935, ch. 531, title XI, Sec. 1125, as added Pub. L. 95-142, 
Sec. 6, Oct. 25, 1977, 91 Stat. 1192.)

                       References in Text

    The provisions of title 5 governing appointments in the competitive 
service, referred to in subsec. (b), are classified to section 3301 et 
seq. of Title 5, Government Organization and Employees.
