31 U.S.C. § 716 : US Code - Section 716: Availability of information and inspection of records

Search 31 U.S.C. § 716 : US Code - Section 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 Government Accountability 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.