Page:United States Statutes at Large Volume 96 Part 1.djvu/935

 PUBLIC LAW 97-258—SEPT. 13, 1982 ual 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)(l) 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 t5T)es 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. § 717. Evaluating programs and activities of the United States Government (a) In this section, "agency" means a department, agency, or instrumentality of the United States Government (except a mixedownership Government corporation) or the District of Columbia government. (b) The Comptroller General shall evaluate the results of a program or activity the Government carries out under existing law— (1) on the initiative of the Comptroller General; (2) when either House of Congress orders an evaluation; or (3) when a committee of Congress with jurisdiction over the program or activity requests the evaluation.

96 STAT. 893

5 USC 552.

"Agency/

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