Page:United States Statutes at Large Volume 124.djvu/3824

124 STAT. 3798 PUBLIC LAW 111–350—JAN. 4, 2011 (D) performance of the contract or subcontract. (c) SUBPOENA POWER.— (1) AUTHORITY TO REQUIRE THE PRODUCTION OF RECORDS.— The Inspector General of an executive agency appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.) or, on request of the head of an executive agency, the Director of the Defense Contract Audit Agency (or any successor agency) of the Department of Defense or the Inspector General of the General Services Administration may require by sub- poena the production of records of a contractor, access to which is provided for that executive agency by subsection (b). (2) ENFORCEMENT OF SUBPOENA.—A subpoena under para- graph (1), in the case of contumacy or refusal to obey, is enforceable by order of an appropriate United States district court. (3) AUTHORITY NOT DELEGABLE.—The authority provided by paragraph (1) may not be delegated. (4) REPORT.—In the year following a year in which authority provided in paragraph (1) is exercised for an executive agency, the head of the executive agency shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a report on the exercise of the authority during the preceding year and the reasons why the authority was exercised in any instance. (d) AUTHORITY OF COMPTROLLER GENERAL.— (1) IN GENERAL.—Except as provided in paragraph (2), each contract awarded after using procedures other than sealed bid procedures shall provide that the Comptroller General and representatives of the Comptroller General may examine records of the contractor, or any of its subcontractors, that directly pertain to, and involve transactions relating to, the contract or subcontract and to interview any current employee regarding the transactions. (2) EXCEPTION FOR FOREIGN CONTRACTOR OR SUBCON- TRACTOR.—Paragraph (1) does not apply to a contract or sub- contract with a foreign contractor or foreign subcontractor if the executive agency concerned determines, with the concur- rence of the Comptroller General or the designee of the Comp- troller General, that applying paragraph (1) to the contract or subcontract would not be in the public interest. The concur- rence of the Comptroller General or the designee is not required when— (A) the contractor or subcontractor is— (i) the government of a foreign country or an agency of that government; or (ii) precluded by the laws of the country involved from making its records available for examination; and (B) the executive agency determines, after taking into account the price and availability of the property and serv- ices from United States sources, that the public interest would be best served by not applying paragraph (1). (3) ADDITIONAL RECORDS NOT REQUIRED.—Paragraph (1) does not require a contractor or subcontractor to create or maintain a record that the contractor or subcontractor does not maintain in the ordinary course of business or pursuant to another law.