[House Report 114-758]
[From the U.S. Government Publishing Office]


114th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                     {      114-758

======================================================================



 
                  GAO ACCESS AND OVERSIGHT ACT OF 2016

                                _______
                                

 September 19, 2016.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Chaffetz, from the Committee on Oversight and Government Reform, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 5690]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Oversight and Government Reform, to whom 
was referred the bill (H.R. 5690) to ensure the Government 
Accountability Office has adequate access to information, 
having considered the same, report favorably thereon without 
amendment and recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Committee Statement and Views....................................     2
Section-by-Section...............................................     3
Explanation of Amendments........................................     3
Committee Consideration..........................................     3
Roll Call Votes..................................................     3
Correspondence...................................................     4
Application of Law to the Legislative Branch.....................     6
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     6
Statement of General Performance Goals and Objectives............     6
Duplication of Federal Programs..................................     6
Disclosure of Directed Rule Makings..............................     6
Federal Advisory Committee Act...................................     6
Unfunded Mandate Statement.......................................     6
Earmark Identification...........................................     6
Committee Estimate...............................................     7
Budget Authority and Congressional Budget Office Cost Estimate...     7
Changes in Existing Law Made by the Bill, as Reported............     8

                     Committee Statement and Views


                          PURPOSE AND SUMMARY

    The United States Government Accountability Office (GAO) is 
an independent, non-partisan agency that reports to Congress 
and conducts audits and evaluations to improve the performance 
and accountability of the federal government. H.R. 5690, the 
GAO Access and Oversight Act, would increase the effectiveness 
of GAO by clarifying and strengthening the GAO's ability to 
obtain information when performing audits and investigations.

                  BACKGROUND AND NEED FOR LEGISLATION

    GAO informs Congress, federal agencies, and the public 
about how well federal government programs are meeting their 
objectives and whether federal funds are being spent 
efficiently and effectively.
    To help ensure GAO is able to meet its responsibilities, 
Congress granted the agency a statutory right of access to 
information by requiring each federal agency to provide 
information to the Comptroller General about the duties, 
powers, activities, organization, and financial transactions of 
the agency.\1\ Despite the clear language of GAO's governing 
statute, the Department of Health and Human Services (HHS) has 
denied GAO access to specific government data, such as the 
National Director of New Hires (NDNH). HHS argues that 42 
U.S.C. Sec. 653(l), the Federal Parent Locator Service (FPLS), 
limits disclosure of information in the NDNH.\2\ HHS 
specifically asserts that the failure of the Social Security 
Act to include GAO as an approved recipient of information is 
an implicit exemption from GAO's broad authorization to obtain 
agency material.
---------------------------------------------------------------------------
    \1\31 U.S.C. Sec. 716(a).
    \2\Office of Legal Counsel, Memorandum Opinion for the Acting Gen. 
Counsel, Dep't of Health and Human Services (Aug. 23, 2011).
---------------------------------------------------------------------------
    In 2011, the Department of Justice's Office of Legal 
Counsel concluded that 42 U.S.C. Sec. 653(l) prohibits HHS from 
providing GAO access to personally identifiable NDNH 
information.\3\
---------------------------------------------------------------------------
    \3\Office of Legal Counsel, Memorandum Opinion for the Acting Gen. 
Counsel, Dep't of Health and Human Services (Aug. 23, 2011) https://
www.justice.gov/sites/default/files/olc/opinions/attachments/2016/03/
18/2011-08-23-gao-access-ndnh.pdf (Last visited 080816).
---------------------------------------------------------------------------
    The NDNH is used to verify eligibility for federal 
programs, and is a useful tool to detect and prevent fraud and 
identify improper payments. H.R. 5690 clarifies that GAO is 
granted access to the NDNH database, thereby increasing GAO's 
effectiveness in carrying out its responsibilities. 
Specifically, H.R. 5690 makes clear that GAO shall not be 
denied access to data such as the NDNH and that GAO's governing 
statute supersedes the Social Security Act regarding access to 
information.
    H.R. 5690 also ensures that GAO has the ability to seek a 
judicial remedy to enforce GAO's right to information under the 
law by authorizing GAO to pursue civil actions if federal 
agencies withhold records from GAO.

                          LEGISLATIVE HISTORY

    H.R. 5690, the GAO Access and Oversight Act of 2016, was 
introduced on July 8, 2016 by Representative Buddy Carter (R-
GA) and referred to the Committee on Oversight and Government 
Reform. Representative Tammy Duckworth (D-IL) is an original 
cosponsor. On July 12, 2016, the Committee on Oversight and 
Government Reform ordered H.R. 5690 favorably reported, without 
amendment, by voice vote.
    Companion legislation, S. 2849, was introduced by Senator 
Ben Sasse in the United States Senate, and was approved without 
amendment by the Committee on Homeland Security and 
Governmental Affairs (HSGAC) on July 25, 2016 by voice vote.
    During the 113th Congress, the language in this bill was 
included in the Government Accountability Office Improvement 
Act (H.R. 1162) and was approved by the House of 
Representatives on April 15, 2013 by a vote of 408-0. H.R. 1162 
was approved without amendment by HSGAC on December 17, 2013 by 
voice vote. During the 112th Congress, the language in this 
bill was included in the Digital Accountability and 
Transparency (DATA) Act of 2012 (H.R. 2146) and was approved by 
the House of Representatives on April 25, 2012 by voice vote.

                           Section-by-Section


Section 1. Short title

    Designates the short title of the bill as the ``GAO Access 
and Oversight Act of 2016.''

Section 2. Access to certain information

    Section 2(a) amends Subchapter II of chapter 7 of title 31, 
United States Code to make clear that no provision of the 
Social Security Act limits GAO's authority to access 
information, including the NDNH.
    Section 2(b) allows agencies to report on both actions 
taken and planned actions in response to GAO recommendations. 
This section expands the list of recipients of an agency report 
to include GAO and the Congressional Committees of jurisdiction 
over the agency program or activity that is the subject of the 
recommendation.
    Section 2(c) reaffirms that Congress has authorized GAO to 
pursue civil actions if federal agencies withhold records from 
GAO.

                       Explanation of Amendments

    No amendments to H.R. 5690 were offered during Full 
Committee consideration of the bill.

                        Committee Consideration

    On July 12, 2016 the Committee met in open session and 
ordered reported favorably the bill, H.R. 5690, by voice vote, 
a quorum being present.

                            Roll Call Votes

    No roll call votes were requested or conducted during Full 
Committee consideration of H.R. 5690.


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to the terms and conditions of 
employment or access to public services and accommodations. 
This bill ensures the Government Accountability Office has 
adequate access to information. As such this bill does not 
relate to employment or access to public services and 
accommodations.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals and objectives of the bill are to ensure the Government 
Accountability Office has adequate access to information.

                    Duplication of Federal Programs

    No provision of this bill establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee estimates that enacting this bill does not 
direct the completion of any specific rule makings within the 
meaning of 5 U.S.C. 551.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of 5 U.S.C. App., Section 5(b).

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandate Reform Act, P.L. 104-4) requires a statement as to 
whether the provisions of the reported include unfunded 
mandates. In compliance with this requirement the Committee has 
received a letter from the Congressional Budget Office included 
herein.

                         Earmark Identification

    This bill does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI.

                           Committee Estimate

    Clause 3(d)(1) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
this bill. However, clause 3(d)(2)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following cost estimate for this bill from the Director of 
Congressional Budget Office:

                                                    August 1, 2016.
Hon. Jason Chaffetz,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5690, the GAO 
Access and Oversight Act of 2016.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                                Keith Hall.
    Enclosure.

H.R. 5690--GAO Access and Oversight Act of 2016

    CBO estimates that enacting H.R. 5690 would have no 
significant effect on the federal budget. The legislation would 
amend federal law to clarify that the Government Accountability 
Office (GAO) has the authority to obtain certain records and 
information.
    Enacting the bill would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting H.R. 5690 would not increase direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2027.
    H.R. 5690 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    On June 24, 2016, CBO transmitted a cost estimate for S. 
2849, the GAO Access and Oversight Act of 2016, as ordered 
reported by the Senate Committee on Homeland Security and 
Governmental Affairs on May 25, 2016. The two pieces of 
legislation are similar, and CBO's estimates of the budgetary 
effects are the same.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was approved by H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

TITLE 31, UNITED STATES CODE

           *       *       *       *       *       *       *


SUBTITLE I--GENERAL

           *       *       *       *       *       *       *


CHAPTER 7--GOVERNMENT ACCOUNTABILITY OFFICE

           *       *       *       *       *       *       *


           SUBCHAPTER I--DEFINITIONS AND GENERAL ORGANIZATION

Sec.
701. Definitions.
     * * * * * * *

                SUBCHAPTER II--GENERAL DUTIES AND POWERS

     * * * * * * *
721. Access to certain information.

           *       *       *       *       *       *       *


SUBCHAPTER II--GENERAL DUTIES AND POWERS

           *       *       *       *       *       *       *


Sec. 716. Availability of information and inspection of records

  (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.
  [(a)] (2) 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.

           *       *       *       *       *       *       *


Sec. 720. Agency reports

  (a) In this section, ``agency'' means a department, agency, 
or instrumentality of the United States Government (except a 
mixed-ownership Government corporation) or the District of 
Columbia government.
  (b) When the Comptroller General makes a report that includes 
a recommendation to the head of an agency, the head of the 
agency shall submit a written statement on action taken or 
planned on the recommendation by the head of the agency. The 
statement shall be submitted to--
          [(1) the Committee on Governmental Affairs of the 
        Senate and the Committee on Government Operations of 
        the House of Representatives before the 61st day after 
        the date of the report; and]
          (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
          (2) the Committees on Appropriations of both Houses 
        of Congress in the first request for appropriations 
        submitted more than 60 days after the date of the 
        report.

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.

           *       *       *       *       *       *       *


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