```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 237 Reported in Senate (RS)]

                                                       Calendar No. 363
112th CONGRESS
  2d Session
                                 S. 237

                          [Report No. 112-159]

    To amend title 31, United States Code, to enhance the oversight 
    authorities of the Comptroller General, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 31, 2011

Mrs. McCaskill (for herself, Ms. Collins, and Mr. Lieberman) introduced 
the following bill; which was read twice and referred to the Committee 
             on Homeland Security and Governmental Affairs

               April 24 (legislative day, April 23), 2012

               Reported by Mr. Lieberman, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL

 
    To amend title 31, United States Code, to enhance the oversight 
    authorities of the Comptroller General, and for other purposes.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Government Accountability Office 
Improvement Act of 2011''.

SEC. 2. AUTHORITY TO OBTAIN INFORMATION.

    (a) 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 his 
duties (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sentence until such time as the authorization is repealed pursuant to 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.''.
    (b) Copies.--Section 716(a) of title 31, United States Code, as 
amended by subsection (a), is further amended in the second sentence of 
paragraph (2) by striking ``inspect an agency record'' and inserting 
``inspect, and make and retain copies of, an agency record''.

SEC. 3. ADMINISTERING OATHS.

    Section 711 of title 31, United States Code, is amended by striking 
paragraph (4) and inserting the following:
            ``(4) administer oaths to witnesses when auditing and 
        settling accounts and, with the prior express approval of the 
        Comptroller General, when investigating fraud or attempts to 
        defraud the United States, or irregularity or misconduct of an 
        employee or agent of the United States.''.

SEC. 4. 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 or copy any record under section 716 of 
this title.
    ``(b) No provision of the Federal Food, Drug, and Cosmetic Act, 
including section 301(j) of that Act (21 U.S.C. 331(j)), shall be 
construed to limit, amend, or supersede the authority of the 
Comptroller General to obtain any information or to inspect or copy any 
record under section 716 of this title.
    ``(c) No provision of the Hart-Scott-Rodino Antitrust Improvements 
Act of 1976 (Public Law 94-435) and the amendments made by that Act 
shall be construed to limit, amend, or supersede the authority of the 
Comptroller General to obtain any information or to inspect or copy any 
record under section 716 of this title, including with respect to any 
information disclosed to the Assistant Attorney General of the 
Antitrust Division of the Department of Justice or the Federal Trade 
Commission for purposes of pre-merger review under section 7A of the 
Clayton Act (15 U.S.C. 18a).
    ``(d)(1) The Comptroller General shall prescribe such policies and 
procedures as are necessary to protect from public disclosure 
proprietary or trade secret information obtained consistent with this 
section.
    ``(2) Nothing in this section shall be construed to--
            ``(A) alter or amend the prohibitions against the 
        disclosure of trade secret or other sensitive information 
        prohibited by section 1905 of title 18 and other applicable 
        laws; or
            ``(B) affect the applicability of section 716(e) of this 
        title, including the protections against unauthorized 
        disclosure contained in that section, to information obtained 
        consistent with this section.
    ``(e) Specific references to statutes in this section shall not be 
construed to affect access by the Government Accountability Office to 
information under statutes that are not so referenced.''.
    (b) 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.''.

SEC. 5. NOTICE TO CONGRESS IF AGENCIES DO NOT PROVIDE REQUESTED 
              INFORMATION.

    (a) Notice to Congress.--Subchapter II of chapter 7 of title 31, 
United States Code, (as amended by section 4 of this Act) is further 
amended by adding at the end the following:
``Sec. 722. Notice to Congress if agencies do not provide requested 
              information
    ``If in the discharge of the official duties of the Comptroller 
General (including any audit, evaluation, or investigative duties) 
relating to any request from a committee of Congress or a Member of 
Congress, the Comptroller General requests information from an agency 
and the agency does not provide that information within 30 days after 
the date of receiving the request, the Comptroller General shall submit 
notice that the agency has not provided the information to the 
Comptroller General to--
            ``(1) any committee of Congress that made the related 
        request to the Comptroller General; or
            ``(2) any Member of Congress who made the related request 
        to the Comptroller General.''.
    (b) 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 721 (as added by section 4 of this 
Act) the following:

``722. Notice to Congress if agencies do not provide requested 
                            information.''.

SEC. <DELETED>5.</DELETED> 6. 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 Operations 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''.
                                                       Calendar No. 363

112th CONGRESS

  2d Session

                                 S. 237

                          [Report No. 112-159]

_______________________________________________________________________

                                 A BILL

    To amend title 31, United States Code, to enhance the oversight 
    authorities of the Comptroller General, and for other purposes.

_______________________________________________________________________

                             April 24, 2012

                        Reported with amendments
```