[Congressional Record (Bound Edition), Volume 163 (2017), Part 1]
[House]
[Pages 158-160]
[From the U.S. Government Publishing Office, www.gpo.gov]




                  GAO ACCESS AND OVERSIGHT ACT OF 2017

  Mr. CHAFFETZ. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 72) to ensure the Government Accountability Office has 
adequate access to information.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

[[Page 159]]



                                H.R. 72

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``GAO Access and Oversight Act 
     of 2017''.

     SEC. 2. ACCESS TO CERTAIN INFORMATION.

       (a) Access to Certain Information.--Subchapter II of 
     chapter 7 of title 31, United States Code, is amended by 
     adding at the end the following:

     ``Sec. 721. Access to certain information

       ``(a) No provision of the Social Security Act, including 
     section 453(l) of that Act (42 U.S.C. 653(l)), shall be 
     construed to limit, amend, or supersede the authority of the 
     Comptroller General to obtain any information or to inspect 
     any record under section 716 of this title.
       ``(b) The specific reference to a statute in subsection (a) 
     shall not be construed to affect access by the Government 
     Accountability Office to information under statutes that are 
     not so referenced.''.
       (b) Agency Reports.--Section 720(b) of title 31, United 
     States Code, is amended--
       (1) in the matter preceding paragraph (1), by inserting 
     ``or planned'' after ``action taken''; and
       (2) by striking paragraph (1) and inserting the following:
       ``(1) the Committee on Homeland Security and Governmental 
     Affairs of the Senate, the Committee on Oversight and 
     Government Reform of the House of Representatives, the 
     congressional committees with jurisdiction over the agency 
     program or activity that is the subject of the 
     recommendation, and the Government Accountability Office 
     before the 61st day after the date of the report; and''.
       (c) Authority To Obtain Records.--Section 716 of title 31, 
     United States Code, is amended in subsection (a)--
       (1) by striking ``(a)'' and inserting ``(2)''; and
       (2) by inserting after the section heading the following:
       ``(a)(1) The Comptroller General is authorized to obtain 
     such agency records as the Comptroller General requires to 
     discharge the duties of the Comptroller General (including 
     audit, evaluation, and investigative duties), including 
     through the bringing of civil actions under this section. In 
     reviewing a civil action under this section, the court shall 
     recognize the continuing force and effect of the 
     authorization in the preceding sentence until such time as 
     the authorization is repealed pursuant to law.''.
       (d) Technical and Conforming Amendment.--The table of 
     sections for chapter 7 of title 31, United States Code, is 
     amended by inserting after the item relating to section 720 
     the following:

``721. Access to certain information.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Chaffetz) and the gentleman from Missouri (Mr. Clay) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Utah.

                              {time}  1315


                             General Leave

  Mr. CHAFFETZ. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Utah?
  There was no objection.
  Mr. CHAFFETZ. Mr. Speaker, I thank the Committee on Ways and Means 
for their work on the bill, and I include the committee exchange of 
letters into the Record.
         House of Representatives, Committee on Oversight and 
           Government Reform,
     Washington, DC, January 4, 2017.
     Hon. Kevin Brady,
     Chairman, Committee on Ways and Means,
     Washington, DC.
       Dear Mr. Chairman: On January 3, 2017, H.R. 72, the GAO 
     Access and Oversight Act of 2017, was introduced by Rep. Earl 
     L. ``Buddy'' Carter (R-GA-1). The bill was referred primarily 
     to the Committee on Oversight and Government Reform, with an 
     additional referral to the Committee on Ways and Means.
       I ask that you allow the Ways and Means Committee to be 
     discharged from further consideration of the bill so that it 
     may be scheduled by the Majority Leader. This discharge in no 
     way affects your jurisdiction over the subject matter of the 
     bill, and it will not serve as precedent for future 
     referrals. In addition, should a conference on the bill be 
     necessary, I would support your request to have the Committee 
     on Ways and Means represented on the conference committee. 
     Finally, I would be pleased to include this letter and any 
     response in the bill report filed by the Committee on 
     Oversight and Government Reform, as well as in the 
     Congressional Record during floor consideration, to 
     memorialize our understanding.
       Thank you for your consideration of my request.
           Sincerely,
                                                   Jason Chaffetz,
     Chairman.
                                  ____

                                    U.S. House of Representatives,


                                  Committee on Ways and Means,

                                  Washington, DC, January 4, 2017.
     Hon. Jason Chaffetz,
     Chairman, Committee on Oversight and Government Reform, 
         Washington, DC.
       Dear Chairman Chaffetz, I am writing concerning H.R. 72, 
     the ``GAO Access and Oversight Act of 2017.'' This bill 
     amends access to the National Directory of New Hires (42 
     U.S.C. 653(I)) which is within the jurisdiction of the 
     Committee on Ways and Means. As a result of your having 
     consulted with me concerning the provision of the bill that 
     falls within our Rule X jurisdiction, I agree not to seek a 
     sequential referral so that the bill may proceed 
     expeditiously to the House floor.
       The Committee on Ways and Means takes this action with the 
     mutual understanding that, by forgoing consideration of H.R. 
     72 at this time, we do not waive any jurisdiction over the 
     subject matter contained in this or similar legislation, and 
     we will be appropriately consulted and involved as the bill 
     or similar legislation moves forward so that we may address 
     any remaining issues that fall within our Rule X 
     jurisdiction. The Committee on Ways and Means also reserves 
     the right to seek appointment of an appropriate number of 
     conferees to any House-Senate conference involving this or 
     similar legislation, and requests your support for such 
     request.
       Finally, I would appreciate your response to this letter 
     confirming this understanding, and would ask that a copy of 
     our exchange of letters on this matter be included in the 
     Congressional Record during floor consideration thereof.
           Sincerely,
                                                      Kevin Brady,
                                                         Chairman.

  Mr. CHAFFETZ. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Georgia (Mr. Carter), the original cosponsor of the 
bill. I want to thank the gentleman for his championing this bill 
through.
  Mr. CARTER of Georgia. Mr. Speaker, I rise today in support of H.R. 
72, the GAO Access and Oversight Act of 2017.
  The GAO is one of the most important tools taxpayers and Congress 
have to keep the Federal Government accountable. Without complete 
information, GAO is limited in their ability to prevent waste, fraud, 
abuse, and mismanagement.
  This bill clarifies that GAO has access to data, such as the National 
Directory of New Hires, which will better equip GAO to audit key 
Federal programs on behalf of taxpayers. Every day, GAO handles the 
government's most sensitive information in a responsible manner, and 
GAO provides trusted recommendations for improving the Federal 
Government's operations.
  The Federal Government reported $137 billion in improper payments in 
fiscal year 2015, the largest ever reported. Total improper payments 
for the Federal Government over the past 10 years exceeds $1 trillion. 
This bill will increase the effectiveness of GAO to help reduce 
improper payments, dollars that could be used to better fund the 
programs that ultimately serve the people. This bill takes an important 
step forward by providing GAO with an additional tool to ensure GAO's 
effectiveness in preventing fraud, waste, and abuse.
  I urge my colleagues to support this bipartisan legislation.
  Mr. CLAY. Mr. Speaker, I yield myself such time as I may consume.
  GAO provides an invaluable aid to Congress in conducting our 
constitutional duty to oversee and evaluate the executive branch. To do 
its job effectively, GAO needs timely access to agency documents, 
materials, and other information.
  The bill before us would ensure GAO's access to the National 
Directory of New Hires, a valuable database of wage and employment 
information. Access to this database would assist GAO in its improper 
payment and fraud work, as well as its evaluation of programs in which 
eligibility is means tested. The bill would also explicitly provide GAO 
with standing to pursue litigation if an entity in the executive branch 
improperly denies the GAO access to information.
  Mr. Speaker, similar bills have passed the House by wide margins in a 
number of previous Congresses. These are needed reforms. I urge my 
colleagues to support this bill.

[[Page 160]]

  Mr. Speaker, I yield back the balance of my time.
  Mr. CHAFFETZ. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, I rise in support of H.R. 72, the GAO Access and 
Oversight Act of 2017, and its chief sponsor, Mr. Buddy Carter of 
Georgia.
  We have a duty to ensure that taxpayer money is spent efficiently and 
effectively. One of the key ways we carry out this duty is through the 
key watchdog of the government, the Government Accountability Office. 
The GAO has a proven track record of excellence, and we rely heavily on 
this group, thousands of professionals who pour their heart and soul 
into diving deep into organizations and understanding how they 
function. But as this bill states, we need some more openness and 
transparency.
  In the past 6 years alone, it has identified more than 200 areas of 
duplication, overlap, and fragmentation. They have made recommendations 
on 600 actions to make our government more effective and efficient. We 
need to listen to them and understand them. We also, I would argue, Mr. 
Speaker, have a duty and an obligation to give them the tools and 
access that they need in order to do their jobs even better. We must 
put GAO in the best position possible to rout out and deter waste, 
fraud, and abuse.
  Today, we have an opportunity to better arm the GAO by clarifying its 
right to access data contained in the National Directory of New Hires. 
This gives GAO access to the most up-to-date data to ensure Federal 
program dollars go to the folks Congress intended to receive them. 
Doing so, we will help GAO better investigate potential fraud and 
improper payments, including those overextended disability insurance 
programs. The GAO's objectives are hindered without access to the data, 
and taxpayer dollars are not as well protected.
  This bill has previously received overwhelming support in the House, 
and it is time for us to finish the job and pass the bill to the Senate 
and get it to the President's desk.
  On September 16, the House approved this important bill by a vote of 
404-0. The language in this bill was also included in bipartisan 
legislation that was approved unanimously by the full House in the 
113th Congress. Again, it is time to send this bill to the President.
  I would like to thank my colleagues, and Representative Buddy Carter 
in particular, for sponsoring this legislation and believing in it so 
wholeheartedly. I would also like to thank Senator Ben Sasse of 
Nebraska as the lead sponsor in the United States Senate.
  I urge passage of this bill. I have no additional speakers.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Utah (Mr. Chaffetz) that the House suspend the rules and 
pass the bill, H.R. 72.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________