59–006 

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 


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1 31 U.S.C. § 716(a). 

2Office of Legal Counsel, Memorandum Opinion for the Acting Gen. Counsel, Dep’t of Health 

and Human Services (Aug. 23, 2011). 3Office 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). 

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. § 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. 

In 2011, the Department of Justice’s Office of Legal Counsel concluded that 42 U.S.C. § 653(l) prohibits HHS from providing GAO 

access to personally identifiable NDNH information.3

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 


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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. 


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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. 


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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 onbudget 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. 


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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 

* * * * * * * 

§ 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. 

ø(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 CompVerDate Sep 11 2014 23:41 Sep 22, 2016 Jkt 059006 PO 00000 Frm 00008 Fmt 6659 Sfmt 6601 E:\HR\OC\HR758.XXX HR758

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troller 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 


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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. 

* * * * * * * 

§ 720. Agency reports 

(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) 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— 

ø(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. 

§ 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. 


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(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. 

* * * * * * * 

Æ 


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