[Congressional Record Volume 154, Number 107 (Thursday, June 26, 2008)]
[Extensions of Remarks]
[Page E1382]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




ON INTRODUCTION OF THE GOVERNMENT ACCOUNTABILITY OFFICE IMPROVEMENT ACT

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                          HON. HENRY A. WAXMAN

                             of california

                    in the house of representatives

                        Thursday, June 26, 2008

  Mr. WAXMAN. Madam Speaker, today I am joining with 18 other committee 
chairs to introduce legislation to strengthen the authority of the 
Government Accountability Office.
  GAO assists Congress in identifying waste, fraud, and abuse in 
federal programs and recommending ways to make government work better. 
Because of its vital role, GAO needs unfettered access to federal 
agencies. Efforts by executive branch officials to withhold information 
from GAO impedes Congress' ability to legislate effectively.
  One key provision in the bill clarifies that Congress authorizes GAO 
to pursue civil actions if federal agencies or the White House 
improperly withhold federal records.
  In litigation arising from GAO's efforts to obtain information about 
the operations of the Cheney energy task force, a federal district 
court held that the Comptroller General lacked standing to enforce 
GAO's right to information. This case, called Walker v. Cheney, was 
wrongly decided and misconstrued congressional intent regarding the 
role of the Comptroller General. The decision was also an improper 
invasion into Congress' constitutional prerogatives to determine how 
best to carry out its investigative responsibilities.
  While I am confident that another court considering this issue would 
reach a different decision, passing new legislation to clarify GAO's 
authority is the most expedient way to restore the authority of the 
Comptroller General. For this reason, this bill contains express 
authorization from Congress to the Comptroller General to pursue 
litigation if documents are improperly withheld from GAO. In effect, 
this provision represents a legislative repudiation of the court's 
decision in Walker v. Cheney.
  Other provisions of this important bill give GAO the express 
authority to interview federal employees when conducting evaluations 
and investigations and expand GAO's authority to administer oaths.
  The bill further enhances GAO authorities by clarifying its right to 
important records to which it has been denied access. These include 
records at the Federal Drug Administration, the Centers for Medicare 
and Medicaid Services, and the Federal Trade Commission.
  Finally, the bill creates a reporting mechanism so that Congress will 
be more fully informed when federal agencies do not cooperate with GAO. 
These reports will be important tools to improve GAO's oversight 
capability.
  GAO provides invaluable assistance to Congress by helping Congress 
understand how federal agencies are performing their duties. This 
legislation helps ensure that GAO has the authorities it needs to carry 
out these crucial responsibilities.

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