I

104TH CONGRESS

2D SESSION H. R. 3864

To reform the management practices of the General Accounting Office, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 22, 1996

Mr. LATOURETTE (for himself, Mr. CLINGER, Mr. HORN, and Mr. FLANAGAN) introduced the following bill; which was referred to the Committee

on Government Reform and Oversight

A BILL

To reform the management practices of the General

Accounting Office, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘General Accounting

5 Office Management Reform Act of 1996’’.
2

•HR 3864 IH

1 TITLE I—GENERAL ACCOUNTING

2 OFFICE MANAGEMENT REFORM

3 SEC. 101. GENERAL ACCOUNTING OFFICE OVERSIGHT

4 BOARD.

5 (a) ESTABLISHMENT AND FUNCTIONS OF BOARD.—

6 Section 702 of title 31, United States Code, is amended

7 by adding at the end the following new subsection:

8 ‘‘(d)(1) The activities of the General Accounting Of9 fice and the Comptroller General of the United States

10 shall be overseen by a board to be known as the General

11 Accounting Office Oversight Board.

12 ‘‘(2) The Board shall be composed of—

13 ‘‘(A) the Speaker of the House of Representa14 tives, or a designee of the Speaker;

15 ‘‘(B) the President pro tempore of the Senate,

16 or a designee of the President pro tempore;

17 ‘‘(C) the majority leader and minority leader of

18 the House of Representatives and the Senate, or

19 their designees; and

20 ‘‘(D) the chairmen and ranking minority mem21 bers of the Committee on Governmental Affairs of

22 the Senate and the Committee on Government Re23 form and Oversight of the House of Representatives.

24 ‘‘(3) The functions of the Board shall be to—
3

•HR 3864 IH

1 ‘‘(A) recommend names to the President of the

2 United States for the position of Comptroller Gen3 eral of the United States;

4 ‘‘(B) reinforce the role of the General Account5 ing Office as an objective source of audit, evaluation,

6 and analysis;

7 ‘‘(C) consult with the Comptroller General on

8 the use of financial and personnel resources; and

9 ‘‘(D) perform other duties as instructed by the

10 Congress.’’.

11 (b) RECOMMENDATION OF APPOINTEES.—Section

12 703(a) of title 31, United States Code, is amended by

13 striking paragraphs (2) and (3) and inserting the follow14 ing:

15 ‘‘(2) When a vacancy occurs in the Office of Comp16 troller General, the General Accounting Office Oversight

17 Board shall recommend at least 3 individuals to the Presi18 dent for appointment to the vacant office, and such addi19 tional individuals as may be requested by the President.’’.
4

•HR 3864 IH

1 SEC. 102. APPOINTMENT OF THE DEPUTY COMPTROLLER

2 GENERAL; COMPENSATION OF THE COMP3 TROLLER GENERAL AND DEPUTY COMP4 TROLLER GENERAL.

5 (a) APPOINTMENT OF DEPUTY COMPTROLLER GEN6 ERAL.—Section 703 of title 31, United States Code, is

7 amended—

8 (1) in subsection (a)(1), by striking ‘‘and Dep9 uty Comptroller General are’’ and inserting ‘‘is’’;

10 (2) in subsection (a)(2)—

11 (A) by striking ‘‘or Deputy Comptroller

12 General’’ in the first sentence;

13 (B) by inserting ‘‘and’’ following the semi14 colon at the end of subparagraph (C);

15 (C) by striking ‘‘; and’’ and inserting a pe16 riod at the end of subparagraph (D); and

17 (D) by striking subparagraph (E); and

18 (3) in subsection (c), by renumbering para19 graphs (1) and (2) as paragraphs (2) and (3), re20 spectively, and by amending paragraph (1) to read

21 as follows:

22 ‘‘(1) is appointed by the Comptroller General,

23 in consultation with the General Accounting Office

24 Oversight Control Board;’’.

25 (b) COMPENSATION OF THE COMPTROLLER GEN26 ERAL AND DEPUTY COMPTROLLER GENERAL.—Section
5

•HR 3864 IH

1 703(f) of title 31, United States Code, is amended in para2 graph (1) by striking ‘‘II’’ and inserting ‘‘I’’, and in para3 graph (2) by striking ‘‘III’’ and inserting ‘‘II’’.

4 (c) EFFECTIVE DATE.—This section shall take effect

5 on the first date of the occurrence of a vacancy in the

6 office of Comptroller General of the United States after

7 the date of the enactment of this Act.

8 SEC. 103. ANNUITY OF THE COMPTROLLER GENERAL.

9 (a) DETERMINATION OF AMOUNT.—

10 (1) IN GENERAL.—The first sentence of section

11 772(a) of title 31, United States Code, is amended

12 by striking ‘‘equal to the pay’’ and inserting ‘‘equal

13 to 50 percent of the pay’’.

14 (2) REDUCTION BASED ON AGE.—The second

15 sentence of such section 772(a) is amended by strik16 ing ‘‘.25 percent’’ and inserting ‘‘.125 percent’’.

17 (3) TECHNICAL AND CONFORMING AMEND18 MENTS.—

19 (A) ELIMINATION OF REDUNDANT CONDI20 TION.—The first sentence of such section

21 772(a) (as amended by paragraph (1)) is fur22 ther amended—

23 (i) by striking ‘‘or who retires

24 under section 703(e)(1) of this title’’;

25 and
6

•HR 3864 IH

1 (ii) by striking ‘‘term or at the

2 time of retirement.’’ and inserting

3 ‘‘term.’’.

4 (B) REPEAL.—Section 703(e)(1) of such

5 title is amended—

6 (i) by striking the first sentence; and

7 (ii) in the second sentence by striking

8 ‘‘Either’’ and inserting ‘‘A Comptroller

9 General or Deputy Comptroller General’’.

10 (b) DISABILITY ANNUITY.—Section 772(b) of such

11 title is amended—

12 (1) in paragraph (1) by inserting ‘‘50 percent

13 of’’ before ‘‘the pay’’, and by striking ‘‘10 years’’

14 and inserting ‘‘5 years’’; and

15 (2) in paragraph (2) by striking ‘‘50 percent’’

16 and inserting ‘‘25 percent’’, and by striking ‘‘10

17 years’’ and inserting ‘‘5 years’’.

18 (c) DEADLINE FOR ELECTING TO CHANGE FROM

19 CSRS OR FERS.—Section 772(c) of such title is amended

20 in the second sentence by striking ‘‘10 years’’ and insert21 ing ‘‘5 years’’.

22 (d) CONTRIBUTIONS AND DEDUCTIONS.—

23 (1) AMENDMENTS TO SECTION 772.—Section

24 772(d) of such title is amended—
7

•HR 3864 IH

1 (A) by striking ‘‘3 percent’’ each place it

2 appears and inserting ‘‘1.5 percent’’;

3 (B) by striking ‘‘3.5 percent’’ each place it

4 appears and inserting ‘‘1.75 percent’’; and

5 (C) by striking ‘‘8 percent’’ each place it

6 appears and inserting ‘‘4 percent’’.

7 (2) AMENDMENTS TO SECTION 773.—Section

8 773(b) of such title is amended—

9 (A) in paragraph (2)(C) by striking ‘‘3

10 percent’’ and inserting ‘‘1.5 percent’’, and by

11 striking ‘‘4 percent’’ and inserting ‘‘2 percent’’;

12 (B) by striking ‘‘4.5 percent’’ each place it

13 appears and inserting ‘‘2.25 percent’’; and

14 (C) in paragraph (1) by striking ‘‘5 per15 cent’’ and inserting ‘‘2.5 percent’’.

16 (3) TECHNICAL CORRECTION.—Section 772(d)

17 of such title (as amended by paragraph (1)) is fur18 ther amended by inserting, in the matter before

19 paragraph (1) thereof, ‘‘or chapter 84’’ after ‘‘chap20 ter 83’’.

21 (e) INTEREST ON REFUNDS.—Section 775 of such

22 title is amended—

23 (1) by striking ‘‘3 percent’’ each place it ap24 pears and inserting ‘‘1.5 percent’’; and
8

•HR 3864 IH

1 (2) by striking ‘‘4 percent’’ each place it ap2 pears and inserting ‘‘2 percent’’.

3 (f) EFFECTIVE DATE AND SAVINGS PROVISION.—

4 This section shall take effect on the first date of the occur5 rence of a vacancy in the office of Comptroller General

6 of the United States after the date of the enactment of

7 this Act. However, the amendments made by this section

8 shall not apply in the case of individuals retired or other9 wise separated before the effective date of this section, and

10 the rights of such individuals and their survivors shall con11 tinue in the same manner and to the same extent as if

12 this section had not been enacted.

13 SEC. 104. AUTHORITY TO ADMINISTER OATHS.

14 Section 711 of title 31, United States Code, is

15 amended by striking ‘‘when auditing and settling ac16 counts’’ and inserting ‘‘as necessary to carry out the du17 ties and powers of the Comptroller General’’.

18 SEC. 105. PUBLICATION OF COSTS OF GAO REPORTS.

19 Section 712 of title 31, United States Code, is

20 amended—

21 (1) in paragraph (4) by striking ‘‘and’’ after

22 the semicolon;

23 (2) in paragraph (5) by striking the period and

24 inserting ‘‘; and’’; and
9

•HR 3864 IH

1 (3) by adding at the end the following new

2 paragraph:

3 ‘‘(6) publish the cost of each project carried out

4 by the General Accounting Office.’’.

5 SEC. 106. REIMBURSEMENT FOR DETAILS TO CONGRESS.

6 (a) IN GENERAL.—Section 734 of title 31, United

7 States Code, is amended—

8 (1) by amending the heading to read as follows:

9 ‘‘§ 734. Details to Congress’’;

10 (2) by striking ‘‘assign or’’;

11 (3) by inserting ‘‘(a)’’ before ‘‘The Comptroller

12 General’’; and

13 (4) by adding at the end the following new sub14 section:

15 ‘‘(b) A committee shall reimburse the Comptroller

16 General for the pay of each officer or employee of the Gen17 eral Accounting Office for the time the officer or employee

18 is detailed to the committee under this section .’’.

19 (b) CLERICAL AMENDMENT.—Chapter 7 of title 31,

20 United States Code, is amended in the table of sections

21 at the beginning of the chapter by striking the item relat22 ing to section 734 and inserting the following:

‘‘734. Details to Congress.’’.
10

•HR 3864 IH

1 SEC. 107. ESTABLISHMENT OF OFFICE OF INSPECTOR GEN2 ERAL IN GENERAL ACCOUNTING OFFICE.

3 (a) ESTABLISHMENT OF OFFICE.—Chapter 7 of title

4 31, United States Code, is amended by adding at the end

5 the following:

6 ‘‘SUBCHAPTER VI—OFFICE OF INSPECTOR

7 GENERAL

8 ‘‘§ 791. Establishment and purpose of Office of In9 spector General

10 ‘‘There is hereby established an Office of Inspector

11 General in the General Accounting Office. The purpose of

12 the Office is to create an independent and objective of13 fice—

14 ‘‘(1) to conduct and supervise audits and inves15 tigations relating to the operations of the General

16 Accounting Office;

17 ‘‘(2) to provide leadership and coordination and

18 recommend policies to promote economy, efficiency,

19 and effectiveness; and

20 ‘‘(3) to provide a means of keeping the Comp21 troller General of the United States and the Con22 gress fully and currently informed about problems

23 and deficiencies relating the administration and op24 erations of the General Accounting Office;
11

•HR 3864 IH

1 ‘‘§ 792. Appointment of Inspector General; super2 vision; removal

3 ‘‘(a) There shall be at the head of the Office of In4 spector General of the General Accounting Office, an In5 spector General who shall be appointed by the Comptroller

6 General of the United States, in accordance with the laws

7 and regulations governing appointments in the General

8 Accounting Office, without regard to political affiliation

9 and solely on the basis of integrity and demonstrated abil10 ity in accounting, auditing, financial analysis, law, man11 agement analysis, public administration, or investigations.

12 The Inspector General shall report to, and be under the

13 general supervision of, the Comptroller General of the

14 United States and the General Accounting Office Over15 sight Board. The Comptroller General of the United

16 States shall have no authority to prevent or prohibit the

17 Inspector General from initiating, carrying out, or com18 pleting any audit or investigation, or from issuing any sub19 poena during the course of any audit or investigation.

20 ‘‘(b) The Inspector General may be removed from of21 fice by the Comptroller General of the United States. The

22 Comptroller General of the United States shall, promptly

23 upon such removal, communicate in writing the reasons

24 for any such removal to the General Accounting Office

25 Oversight Board.
12

•HR 3864 IH

1 ‘‘§ 793. Duties and responsibilities

2 ‘‘(a) It shall be the duty and responsibility of the In3 spector General, with respect to the General Accounting

4 Office—

5 ‘‘(1) to provide policy direction for and to con6 duct, supervise, and coordinate audits and investiga7 tions relating to the operations of the General Ac8 counting Office;

9 ‘‘(2) to review existing and proposed legislation

10 and regulations relating to operations of the General

11 Accounting Office and to make recommendations in

12 the semiannual reports required by section 794(a)

13 concerning the impact of such legislation or regula14 tions on the economy and efficiency in the adminis15 tration of the General Accounting Office or the pre16 vention and detection of fraud and abuse in such op17 erations;

18 ‘‘(3) to recommend policies for, and to conduct,

19 supervise, or coordinate other activities carried out

20 or financed by the General Accounting Office for the

21 purpose of promoting economy and efficiency in the

22 administration of, or preventing and detecting fraud

23 and abuse in, its operations; and

24 ‘‘(4) to keep the Comptroller General of the

25 United States and the Congress fully and currently

26 informed, by means of the reports required by sec-
13

•HR 3864 IH

1 tion 794 and otherwise, concerning fraud and other

2 serious problems, abuses, and deficiencies relating to

3 the administration of the General Accounting Office,

4 to recommend corrective action concerning such

5 problems, abuses, and deficiencies, and to report on

6 the progress made in implementing such corrective

7 action.

8 ‘‘(b) In carrying out the responsibilities specified in

9 subsection (a)(1), the Inspector General of the General

10 Accounting Office shall comply with standards established

11 by the Comptroller General of the United States for audits

12 of Federal establishments, organizations, programs, activi13 ties, and functions.

14 ‘‘(c) In carrying out the duties and responsibilities

15 established under this subchapter, the Inspector General

16 shall report expeditiously to the Attorney General and the

17 General Accounting Office Oversight Board whenever the

18 Inspector General has reasonable grounds to believe there

19 has been a violation of Federal criminal law.

20 ‘‘(d) Notwithstanding any other provision of this

21 chapter, the Inspector General of the General Accounting

22 Office may not—

23 ‘‘(1) review the methodology used by the Gen24 eral Accounting Office in preparing any report or

25 testimony; or
14

•HR 3864 IH

1 ‘‘(2) obtain access to any workpapers relating

2 to the preparation of any report or testimony that

3 the Comptroller General would not make publicly

4 available, unless such workpapers are directly rel5 evant to a review within the scope of the Inspector

6 General’s authority.

7 ‘‘§ 794. Reports

8 ‘‘(a) The Inspector General of the General Account9 ing Office shall, not later than April 30 and October 31

10 of each year, prepare semiannual reports summarizing the

11 activities of the Office of Inspector General of the General

12 Accounting Office during the immediately preceding 6-

13 month periods ending March 31 and September 30.

14 ‘‘(b) Semiannual reports of the Inspector General

15 shall be furnished to the Comptroller General of the Unit16 ed States not later than April 30 and October 31 of each

17 year and shall be transmitted by the Comptroller General

18 to the Committee on Government Reform and Oversight

19 of the House of Representatives, and the Committee on

20 Governmental Affairs of the Senate and the General Ac21 counting Office Oversight Board within 30 days after re22 ceipt of such a report, together with a report by the Comp23 troller General.

24 ‘‘(c) Within 60 days after the transmission of the

25 semiannual reports of the Inspector General to the Con-
15

•HR 3864 IH

1 gress, the Comptroller General of the United States shall

2 make copies of such report available to the public upon

3 request and at a reasonable cost.

4 ‘‘(d) The Inspector General shall report immediately

5 to the Comptroller General of the United States whenever

6 the Inspector General becomes aware of particularly seri7 ous or flagrant problems, abuses, or deficiencies relating

8 to the operations of the General Accounting Office. The

9 Comptroller General of the United States shall transmit

10 any such report to the General Accounting Office Over11 sight Board within 7 calendar days, together with a report

12 by the Comptroller General containing any comments the

13 Comptroller General considers appropriate.

14 ‘‘(e)(1) Nothing in this section shall be construed to

15 authorize the public disclosure of information—

16 ‘‘(A) which is specifically prohibited from disclo17 sure by any other provision of law;

18 ‘‘(B) the disclosure of which constitutes a

19 threat to the interest of national defense or national

20 security or in the conduct of foreign affairs; or

21 ‘‘(C) which is a part of an ongoing criminal in22 vestigation.

23 ‘‘(2) Notwithstanding paragraph (1)(C), any report

24 under this section may be disclosed to the public in a form

25 which includes information with respect to a part of an
16

•HR 3864 IH

1 ongoing criminal investigation if such information has

2 been included in a public record.

3 ‘‘(3) Except to the extent and in the manner provided

4 under section 6103(f) of the Internal Revenue Code of

5 1986, nothing in this section or in any other provision of

6 this subchapter shall be construed to authorize or permit

7 the withholding of information from the Congress, or from

8 any committee or subcommittee thereof.

9 ‘‘(f) Except as otherwise provided by this subchapter,

10 section 5 of the Inspector General Act of 1978 (Public

11 Law 95–452; 5 U.S.C. App.) shall apply to reports re12 quired by this section by substituting—

13 ‘‘(1) ‘General Accounting Office’ for ‘establish14 ment’; and

15 ‘‘(2) ‘Comptroller General’ for ‘head of estab16 lishment’.

17 ‘‘§ 795. Authority; administration provisions

18 ‘‘(a) Except as provided by section 793(d), the In19 spector General of the General Accounting Office, in car20 rying out the provisions of this subchapter, may—

21 ‘‘(1) have access to all records, reports, audits,

22 reviews, documents, papers, recommendations, or

23 other material available to the General Accounting

24 Office which relate to operations with respect to
17

•HR 3864 IH

1 which the Inspector General has responsibilities

2 under this subchapter;

3 ‘‘(2) make such investigations and reports relat4 ing to the operations of the General Accounting Of5 fice as are, in the judgment of the Inspector Gen6 eral, necessary or desirable;

7 ‘‘(3) request such information or assistance as

8 may be necessary for carrying out the duties and re9 sponsibilities provided by this subchapter from any

10 Federal, State, or local governmental agency or unit

11 thereof;

12 ‘‘(4) require by subpoena the production of all

13 information, documents, reports, answers, records,

14 accounts, papers, and other data and documentary

15 evidence necessary in the performance of the func16 tions assigned by this subchapter, which subpoena,

17 in the case of contumacy or refusal to obey, shall be

18 enforceable by order of any appropriate United

19 States district court, except that procedures other

20 than subpoenas shall be used by the Inspector Gen21 eral to obtain documents and information from Fed22 eral agencies;

23 ‘‘(5) administer to or take from any person an

24 oath, affirmation, or affidavit, whenever necessary in

25 the performance of the functions assigned by this
18

•HR 3864 IH

1 subchapter, which oath, affirmation, or affidavit

2 when administered or taken by or before an em3 ployee of the Office of Inspector General designated

4 by the Inspector General shall have the same force

5 and effect as if administered or taken by or before

6 an officer having a seal;

7 ‘‘(6) have direct and prompt access to the

8 Comptroller General of the United States when nec9 essary for any purpose pertaining to the perform10 ance of functions and responsibilities under this sub11 chapter; and

12 ‘‘(7) select, appoint, and employ such officers

13 and employees as may be necessary for carrying out

14 the functions, powers, and duties of the Office sub15 ject to the laws and regulations governing the ap16 pointment and compensation of employees of the

17 General Accounting Office.

18 ‘‘(b)(1) Upon request of the Inspector General for in19 formation or assistance under subsection (a)(3), the head

20 of any Federal agency involved shall, insofar as is prac21 ticable and not in contravention of any existing statutory

22 restriction or regulation of the Federal agency from which

23 the information is requested, furnish to the Inspector Gen24 eral, or to an authorized designee, such information or as25 sistance.
19

•HR 3864 IH

1 ‘‘(2) Whenever information or assistance requested

2 under subsection (a)(1) or (a)(3) is, in the judgment of

3 the Inspector General, unreasonably refused or not pro4 vided, the Inspector General shall report the cir5 cumstances to the Comptroller General of the United

6 States without delay.

7 ‘‘(c) The Comptroller General of the United States

8 shall provide the Office of Inspector General with appro9 priate and adequate office space at central and field office

10 locations of Office of Inspector General of the General Ac11 counting Office, together with such equipment, office sup12 plies, and communications facilities and services as may

13 be necessary for the operation of such offices, and shall

14 provide necessary maintenance services for such offices

15 and the equipment and facilities located therein.

16 ‘‘(d) For purposes of the provisions governing the

17 Senior Executive Service of the General Accounting Office,

18 any reference in such provisions to the ‘appointing author19 ity’ for a member of the Senior Executive Service or for

20 a Senior Executive Service position shall, if such member

21 or position is or would be within the Office of Inspector

22 General of the Office of Inspector General of the General

23 Accounting Office, be deemed to be a reference to the In24 spector General.
20

•HR 3864 IH

1 ‘‘§ 796. Employee complaints

2 ‘‘(a) The Inspector General may receive and inves3 tigate complaints or information from an employee of the

4 General Accounting Office concerning the possible exist5 ence of an activity constituting a violation of law, rules,

6 or regulations, or mismanagement, gross waste of funds,

7 abuse of authority, or a substantial and specific danger

8 to the public health and safety.

9 ‘‘(b) The Inspector General shall not, after receipt of

10 a complaint or information from an employee, disclose the

11 identity of the employee without the consent of the em12 ployee, unless the Inspector General determines such dis13 closure is unavoidable during the course of the investiga14 tion.

15 ‘‘(c) Any employee who has authority to take, direct

16 others to take, recommend, or approve any personnel ac17 tion, shall not, with respect to such authority, take or

18 threaten to take any action against any employee as a re19 prisal for making a complaint or disclosing information

20 to the Inspector General, unless the complaint was made

21 or the information disclosed with the knowledge that it

22 was false or with willful disregard for its truth or falsity.’’.

23 (b) TRANSFER OF OFFICE.—

24 (1) IN GENERAL.—There is transferred to the

25 Office of Inspector General established by this sub-
21

•HR 3864 IH

1 chapter, the office of the General Accounting Office

2 referred to as the ‘‘Office of Internal Evaluation’’.

3 (2) TRANSFER OF PERSONNEL, ASSETS, LIABIL4 ITIES, ETC.—The personnel, assets, liabilities, con5 tracts, property, records of, and the unexpended bal6 ances of appropriations, authorizations, allocations,

7 and other funds employed, held, or used by, arising

8 from, or available to or to be made available to, the

9 office and functions transferred under paragraph (1)

10 are hereby transferred to the Office of Inspector

11 General of the General Accounting Office.

12 (3) METHOD OF TRANSFER OF PERSONNEL.—

13 Personnel transferred pursuant to paragraph (2)

14 shall be transferred in accordance with applicable

15 laws and regulations relating to the transfer of func16 tions except that the classification and compensation

17 of such personnel shall not be reduced for one year

18 after such transfer.

19 (c) CLERICAL AMENDMENT.—The table of sections

20 at the beginning of chapter 7 of title 31, United States

21 Code, is amended by adding at the end thereof the follow22 ing:

‘‘SUBCHAPTER VI—OFFICE OF INSPECTOR GENERAL

‘‘791. Establishment and purpose of Office of Inspector General.

‘‘792. Appointment of Inspector General; supervision; removal.

‘‘793. Duties and responsibilities.

‘‘794. Reports.

‘‘795. Authority; administration provisions.

‘‘796. Employee complaints.’’.
22

•HR 3864 IH

1 (d) PAY RATE EQUAL TO EXECUTIVE SCHEDULE

2 LEVEL IV.—Section 731(c) of title 31, United States

3 Code, is amended by inserting ‘‘and of the Inspector Gen4 eral’’ after ‘‘General Counsel’’.

5 TITLE II—AMENDMENTS TO

6 LAWS AUTHORIZING AUDIT7 ING, REPORTING, AND OTHER

8 FUNCTIONS BY GENERAL AC9 COUNTING OFFICE

10 SEC. 201. TRANSFERS AND TERMINATIONS OF FUNCTIONS.

11 (a) IN GENERAL.—

12 (1) FUNCTIONS TRANSFERRED—.In any case in

13 which a provision of law authorizing the perform14 ance of a function by the Comptroller General of the

15 United States or the General Accounting Office is

16 amended by this title to substitute another Federal

17 officer, employee, or agency in that authorization,

18 the authority under that provision to perform that

19 function is transferred to the other Federal officer,

20 employee, or agency.

21 (2) FUNCTIONS TERMINATED.—In any case in

22 which a provision of law authorizing the perform23 ance of a function by the Comptroller General of the

24 United States or the General Accounting Office is
23

•HR 3864 IH

1 repealed by this Act, the authority under that provi2 sion to perform that function is terminated.

3 (3) DELEGATION OF FUNCTIONS.—The Direc4 tor of the Office of Management and Budget may

5 delegate, in whole or in part, to any other agency or

6 agencies any function transferred to the Director

7 under section 203(g)(2), 205(b), or 216 of this Act,

8 and may transfer to such agency or agencies any

9 personnel, budget authority, records, and property

10 received by the Director pursuant to subsection (b)

11 of this section that relate to the delegated functions.

12 (b) INCIDENTAL TRANSFERS.—

13 (1) IN GENERAL.—Incident to any transfer of

14 authority under subsection (a)(1), there shall be

15 transferred to the recipient Federal officer, em16 ployee, or agency such personnel, records, and prop17 erty of the General Accounting Office as the Comp18 troller General, after consulting with the head of the

19 recipient agency, determines to be necessary to effec20 tuate the transfer.

21 (2) EFFECT ON PERSONNEL.—Personnel trans22 ferred under this subsection shall not be separated

23 or reduced in classification or compensation for one

24 year after such transfer, except for cause.
24

•HR 3864 IH

1 (c) REFERENCES.—With respect to any function or

2 authority transferred under this Act and exercised on or

3 after the effective date of that transfer, reference in any

4 Federal law to the Comptroller General or to any officer

5 or employee of the General Accounting Office is deemed

6 to refer to the Federal officer or agency to which the func7 tion or authority is transferred under this Act.

8 (d) SAVINGS PROVISIONS.—

9 (1) ORDERS AND OTHER OFFICIAL ACTIONS

10 NOT AFFECTED.—All orders, determinations, rules,

11 regulations, permits, grants, contracts, certificates,

12 licenses, and privileges—

13 (A) which have been issued, made, grant14 ed, or allowed to become effective by the Comp15 troller General or any official of the General

16 Accounting Office, or by a court of competent

17 jurisdiction, in the performance of any function

18 or authority transferred under this Act, and

19 (B) which are in effect at the time of the

20 transfer;

21 shall continue in effect according to their terms until

22 modified, terminated, superseded, set aside, or re23 voked in accordance with law.

24 (2) PENDING MATTERS AND PROCEEDINGS.—

25 This Act shall not affect any pending matters or
25

•HR 3864 IH

1 proceedings, including notices of proposed rule2 making, relating to a function or authority trans3 ferred under this Act. Such matters or proceedings

4 shall continue under the authority of the agency to

5 which the function or authority is transferred until

6 completed or terminated in accordance with law.

7 (3) JUDICIAL PROCEEDINGS AND CAUSES OF

8 ACTIONS.—No suit, action, or other proceeding or

9 cause of action relating to a function or authority

10 transferred under this Act shall abate by reason of

11 the enactment of this Act. If, before the date on

12 which a transfer of a function or authority this Act

13 takes effect, the Comptroller General of the United

14 States or any officer or employee of the General Ac15 counting Office in their official capacity is party to

16 a suit relating to the function or authority, then

17 such suit shall be continued and the head of the

18 agency to which the function or authority is trans19 ferred, or other appropriate official of that agency,

20 shall be substituted or added as a party.

21 (e) EFFECTIVE DATE.—

22 (1) IN GENERAL.—Except as provided in para23 graph (2), this title shall take effect on the date of

24 enactment of this Act.
26

•HR 3864 IH

1 (2) EXCEPTIONS.—Sections 203(d), 205(b),

2 215(d) and (e), 216, 220(a), (b), and (c), and

3 221(a) and (e) shall take effect 60 days after the

4 date of enactment of this Act.

5 SEC. 202. AMENDMENTS RELATING TO TITLE 2, UNITED

6 STATES CODE (THE CONGRESS).

7 (a) COMPLIANCE REPORTING ON REDUCTION IN EM8 PLOYEE POSITIONS.—Section 307(c) of the Legislative

9 Branch Appropriations Act, 1994 (Public Law 103–69;

10 107 Stat. 710; 2 U.S.C. 60–1 note) is amended by striking

11 ‘‘shall’’ and inserting ‘‘may’’.

12 (b) WAIVER OF ERRONEOUS PAYMENTS IN THE SEN13 ATE.—Section 2(a) of the Act of July 25, 1974 (Public

14 Law 93–359; 88 Stat. 394; 2 U.S.C. 130c(a)) is amend15 ed—

16 (1) in the first sentence by striking ‘‘, if the

17 claim is not the subject of an exception made by the

18 Comptroller General in the account of any account19 able officer or official’’; and

20 (2) in the third sentence by striking ‘‘shall’’ the

21 first place it appears and inserting ‘‘may’’.

22 (c) WAIVER OF ERRONEOUS PAYMENTS IN THE

23 HOUSE OF REPRESENTATIVES.—Section 3(a) of the Act

24 of July 25, 1974 (Public Law 93–359; 88 Stat. 395; 2

25 U.S.C. 130d(a)) is amended, in the first sentence, by
27

•HR 3864 IH

1 striking ‘‘, if the claim is not the subject of an exception

2 made by the Comptroller General in the account of any

3 accountable officer or official’’.

4 (d) REPORT ON SEQUESTRATION OF FUNDS TO

5 MEET DEFICIT REDUCTION GOALS.—Section 254 of the

6 Balanced Budget and Emergency Deficit Control Act of

7 1985 (2 U.S.C. 904) is amended—

8 (1) in subsection (a), by striking:

‘‘30 days later ................................ GAO compliance report.’’;and

9 (2) in subsection (i), by striking ‘‘On the date

10 specified in subsection (a) of this section’’ and in11 serting ‘‘Upon request of the Committee on the

12 Budget of the House of Representatives or the

13 Senate’’.

14 SEC. 203. AMENDMENTS RELATING TO TITLE 5, UNITED

15 STATES CODE (GOVERNMENT ORGANIZATION

16 AND EMPLOYEES).

17 (a) TRANSMITTAL OF REPORTS.—Section 1213(e) of

18 title 5, United States Code, is amended—

19 (1) in paragraph (3) by striking the comma

20 after ‘‘President’’ and inserting ‘‘and’’, and by strik21 ing ‘‘, and the Comptroller General’’; and

22 (2) in paragraph (4) by striking the comma

23 after ‘‘President’’ and inserting ‘‘and’’, and by strik24 ing ‘‘, and the Comptroller General’’.
28

•HR 3864 IH

1 (b) WITHHOLDING OF PAY.—Section 5512(b) of title

2 5, United States Code, is amended by striking ‘‘General

3 Accounting Office’’ and inserting ‘‘employing agency’’.

4 (c) DESIGNATION OF BENEFICIARY.—Section

5 5582(a) of title 5, United States Code, is amended by

6 striking the second sentence and inserting the following:

7 ‘‘An employee may change or revoke a designation at any

8 time under regulations promulgated—

9 ‘‘(1) by the Director of the Office of Personnel

10 Management or his designee, in the case of an em11 ployee of an executive agency;

12 ‘‘(2) jointly by the President pro tempore of the

13 Senate and the Speaker of the House of Representa14 tives, or their designee, in the case of an employee

15 of the legislative branch; and

16 ‘‘(3) by the Chief Justice of the United States

17 or his or her designee, in the case of an employee

18 of the judicial branch.’’.

19 (d) WAIVER OF ERRONEOUS PAYMENTS.—Section

20 5584 of title 5, United States Code, is amended—

21 (1) in subsection (a)—

22 (A) in paragraph (1) by striking ‘‘Comp23 troller General of the United States’’ and in24 serting ‘‘authorized official’’; and
29

•HR 3864 IH

1 (B) in paragraph (2) by inserting ‘‘and’’ at

2 the end of subparagraph (A), by striking sub3 paragraph (B), by redesignating subparagraph

4 (C) as subparagraph (B), and by striking

5 ‘‘Comptroller General’’ in subparagraph (B) (as

6 so redesignated) and inserting ‘‘authorized offi7 cial’’;

8 (2) in subsection (b) by striking ‘‘Comptroller

9 General’’ and inserting ‘‘authorized official’’; and

10 (3) by adding at the end the following new sub11 section:

12 ‘‘(g) For the purpose of this section, the term ‘au13 thorized official’ means—

14 ‘‘(1) the head of an agency, with respect to an

15 agency or employee in the legislative branch; or

16 ‘‘(2) the Director of the Office of Management

17 and Budget, with respect to any other agency or em18 ployee.’’.

19 (e) REGULATIONS AND REPORTS.—Section

20 5707(b)(1)(A) of title 5, United States Code, is amended

21 by striking ‘‘the Comptroller General of the United

22 States,’’.

23 (f) GAO AUDIT OF AGENCY COMPLIANCE.—Section

24 5(b) of the Hotel and Motel Fire Safety Act of 1990 (Pub25 lic Law 101–391; 5 U.S.C. 5707 note) is repealed.
30

•HR 3864 IH

1 (g) PROCEDURES FOR DEPOSIT OF EMPLOYEES’

2 CONTRIBUTIONS TO RETIREMENT FUNDS.—Sections

3 8334(a)(2), 8422(c), and 8432(f) of title 5, United States

4 Code, are each amended by striking ‘‘Comptroller General

5 of the United States’’ and inserting ‘‘Secretary of the

6 Treasury’’.

7 (h) TRANSMITTAL OF COPY OF REPORT ON THE

8 CIVIL SERVICE RETIREMENT AND DISABILITY FUND.—

9 Section 8348(l) of title 5, United States Code, is amended

10 by striking the last sentence in paragraph (1).

11 (i) TRANSMITTAL OF COPY OF REPORT ON THE

12 THRIFT SAVINGS FUND.—Section 8438(h) of title 5,

13 United States Code, is amended by striking ‘‘and the

14 Comptroller General of the United States’’ in the last sen15 tence of paragraph (1).

16 (j) RECEIPT OF COPY OF CPA EXAMINATION OF

17 THRIFT SAVINGS FUND.—Section 8439(b)(3) of title 5,

18 United States Code, is amended by striking ‘‘and the

19 Comptroller General of the United States’’.

20 SEC. 204. AMENDMENTS RELATING TO TITLE 7, UNITED

21 STATES CODE (AGRICULTURE).

22 (a) AUDIT OF WASHINGTON FAMILY INDEPENDENCE

23 DEMONSTRATION PROJECT.—Section 21(g) of the Food

24 Stamp Act of 1977 (7 U.S.C. 2030(g)) is amended by

25 striking ‘‘shall’’ and inserting ‘‘may’’.
31

•HR 3864 IH

1 (b) REPORTS ON AMOUNTS OBLIGATED AND EX2 PENDED BY DEPARTMENT OF AGRICULTURE FOR ADVI3 SORY SERVICES.—Section 641 of the Rural Development,

4 Agriculture, and Related Agencies Appropriations Act,

5 1990 (7 U.S.C. 2207a) is amended—

6 (1) in subsection (a)—

7 (A) by striking ‘‘(1)’’ after ‘‘(a)’’;

8 (B) by striking ‘‘shall (A) submit’’ and in9 serting ‘‘shall submit’’; and

10 (C) by striking ‘‘, and (B) transmit a copy

11 of such report to the Comptroller General of the

12 United States’’;

13 (2) by striking subsection (b);

14 (3) by redesignating paragraph (2) of sub15 section (a) as subsection (b); and

16 (4) in subsection (b) (as so redesignated)—

17 (A) by striking ‘‘paragraph (1)’’ and in18 serting ‘‘subsection (a)’’; and

19 (B) by redesignating subparagraphs (A),

20 (B), and (C) as paragraphs (1), (2), and (3),

21 respectively.

22 SEC. 205. AMENDMENTS TO TITLE 10, UNITED STATES CODE

23 (ARMED FORCES).

24 (a) WAIVER OF RECOVERY OF ERRONEOUS ANNUITY

25 PAYMENTS.—Sections 1442 and 1453 of title 10, United
32

•HR 3864 IH

1 States Code, are amended by striking ‘‘and the Comptrol2 ler General’’.

3 (b) WAIVER OF RECOVERY OF ERRONEOUS OVER4 PAYMENTS.—Section 2774 of such title is amended—

5 (1) in subsection (a)—

6 (A) in paragraph (1), by striking ‘‘Comp7 troller General’’ and inserting ‘‘Director of the

8 Office of Management and Budget’’; and

9 (B) in paragraph (2), by inserting ‘‘and’’

10 at the end of subparagraph (A), striking sub11 paragraph (B), redesignating subparagraph (C)

12 as subparagraph (B), and in that subparagraph

13 (as so redesignated), striking ‘‘Comptroller

14 General’’ and inserting ‘‘Director of the Office

15 of Management and Budget’’; and

16 (2) in subsection (b), by striking ‘‘The Comp17 troller General’’ and inserting ‘‘The Director of the

18 Office of Management and Budget’’.

19 (c) CERTIFICATION TO COMPTROLLER GENERAL

20 OF UNCOLLECTABILITY OF ADVANCES.—Section

21 2777(b)(2)(B) of such title is amended by striking ‘‘to the

22 Comptroller General’’.

23 (d) MAINTAINING ACCOUNTS OF MILITARY DEPART24 MENTS.—Section 2778 of such title is repealed, and the

25 table of sections at the beginning of chapter 165 of such
33

•HR 3864 IH

1 title is amended by striking the item relating to that sec2 tion.

3 (e) RADIOGRAMS AND TELEGRAMS.—Sections 4592

4 and 9592 of such title are amended by striking ‘‘, or may

5 file a claim with the General Accounting Office for’’ in

6 the second sentence and inserting ‘‘of’’.

7 SEC. 206. AMENDMENTS RELATING TO TITLE 12, UNITED

8 STATES CODE (BANKS AND BANKING).

9 (a) REPORT ON PREPURCHASE AND FORECLOSURE10 PREVENTION COUNSELING DEMONSTRATION.—Section

11 106(d) of the Housing and Urban Development Act of

12 1968 (12 U.S.C. 1701x(d)) is amended—

13 (1) by striking paragraph (9);

14 (2) in paragraph (5)(A), by striking ‘‘(10)(K)’’

15 and inserting ‘‘(9)’’;

16 (3) in paragraph (8), by striking ‘‘(for purposes

17 of the study and report under paragraph (9))’’; and

18 (4) by redesignating paragraphs (10), (11),

19 (12), and (13) as paragraphs (9), (10), (11), and

20 (12), respectively.

21 (b) ANNUAL GAO COMPLIANCE AUDIT.—

22 (1) IN GENERAL.—Section 141(a)(2) of the

23 Federal Deposit Insurance Corporation Improvement

24 Act of 1991 (12 U.S.C. 1823 note) is amended by

25 striking ‘‘shall annually audit’’ and inserting ‘‘shall
34

•HR 3864 IH

1 audit, under such conditions as the Comptroller

2 General determines to be appropriate,’’.

3 (2) CLERICAL AMENDMENT.—The heading for

4 paragraph (2) of section 141(a) of the Federal De5 posit Insurance Corporation Improvement Act of

6 1991 (12 U.S.C. 1823 note) is amended by striking

7 ‘‘ANNUAL GAO’’ and inserting ‘‘GAO’’.

8 (c) QUARTERLY REPORT ON FDIC COMPLIANCE

9 WITH LIMITS ON OUTSTANDING OBLIGATIONS.—Section

10 102 of the Federal Deposit Insurance Corporation Im11 provement Act of 1991 (12 U.S.C. 1825 note) is amended

12 by striking subsection (b).

13 (d) PROMPT CORRECTIVE ACTION: GAO REVIEW.—

14 Section 38(k)(5) of the Federal Deposit Insurance Act (12

15 U.S.C. 1831o(k)(5)) is amended to read as follows:

16 ‘‘(5) GAO REVIEW.—The Comptroller General

17 of the United States shall, under such conditions as

18 the Comptroller General determines to be appro19 priate, review reports made under paragraph (1) and

20 recommend improvements in the supervision of in21 sured depository institutions (including the imple22 mentation of this section).’’.

23 (e) GAO REPORTS ON RISK-BASED INSURANCE PRE24 MIUMS, ACCESS TO ASSOCIATION CAPITAL, AND SUPPLE25 MENTAL PREMIUMS.—Section 204(a) of the Farm Credit
35

•HR 3864 IH

1 Banks and Associations Safety and Soundness Act of

2 1992 (Public Law 102–552; 106 Stat. 4106; 12 U.S.C.

3 2277a–4 note) is amended by striking ‘‘shall’’ and insert4 ing ‘‘may’’.

5 (f) REVIEW OF FEDERAL AGRICULTURAL MORTGAGE

6 CORPORATION GUARANTEE FEES.—Section 8.10(b)(4) of

7 the Farm Credit Act of 1971 (12 U.S.C. 2279aa–

8 10(b)(4)) is amended—

9 (1) in the paragraph heading, by striking ‘‘AN10 NUAL’’; and

11 (2) by striking ‘‘shall annually’’ and inserting

12 ‘‘may’’.

13 (g) GAO STUDIES OF APPRAISALS.—

14 (1) IN GENERAL.—Section 1112(c) of the Fi15 nancial Institutions Reform, Recovery, and Enforce16 ment Act of 1989 (12 U.S.C. 3341) is amended—

17 (A) in paragraph (1), by striking ‘‘At the

18 end of the 18-month period’’ and all that fol19 lows through ‘‘study’’ and inserting ‘‘The

20 Comptroller General of the United States may

21 conduct, under such conditions as the Comp22 troller General determines appropriate, stud23 ies’’; and

24 (B) in paragraph (2), by striking ‘‘required

25 under’’ and inserting ‘‘referred to in’’.
36

•HR 3864 IH

1 (2) CLERICAL AMENDMENT.—The heading for

2 section 1112(c)(1) of Financial Institutions Reform,

3 Recovery, and Enforcement Act of 1989 (12 U.S.C.

4 3341(c)(1)) is amended by striking ‘‘STUDY RE5 QUIRED’’ and inserting ‘‘GAO STUDIES’’.

6 (h) AUDIT OF OFFICE OF FEDERAL HOUSING EN7 TERPRISE OVERSIGHT.—Section 1319E of the Housing

8 and Community Development Act of 1992 (12 U.S.C.

9 4524) is amended—

10 (1) in the first sentence—

11 (A) by striking ‘‘shall’’ and inserting

12 ‘‘may’’; and

13 (B) by inserting ‘‘, and any such audit

14 shall be conducted’’ after ‘‘Office’’; and

15 (2) by striking the last sentence.

16 SEC. 207. AMENDMENT RELATING TO TITLE 15, UNITED

17 STATES CODE (COMMERCE AND TRADE).

18 Section 31(b)(1)(B) of the Federal Fire Prevention

19 and Control Act of 1974 (15 U.S.C. 2227(b)(1)(B)) is

20 amended by striking clause (iii).

21 SEC. 208. AMENDMENTS RELATING TO TITLE 16, UNITED

22 STATES CODE (CONSERVATION).

23 (a) LICENSES FOR DEVELOPMENT OF WATER RE24 SOURCES.—Section 6 of the Federal Power Act (16 U.S.C.

25 799) is amended by striking the last sentence.
37

•HR 3864 IH

1 (b) AUDIT OF THE BROWNSVILLE WETLANDS POL2 ICY CENTER.—Section 202(d)(4) of the Brownsville Wet3 lands Policy Act of 1994 (108 Stat. 338) is repealed.

4 (c) AUDIT OF CENTRAL UTAH PROJECT COST ALLO5 CATION.—Section 211 of the Reclamation Projects Au6 thorization and Adjustment Act of 1992 (Public Law 102–

7 575) is amended—

8 (1) by striking ‘‘Comptroller General of the

9 United States’’ and inserting ‘‘Inspector General of

10 the Department of the Interior’’; and

11 (2) by striking ‘‘in accordance with regulations

12 which the Comptroller General shall prescribe’’.

13 (d) REPORT ON GLEN CANYON COSTS AND BENE14 FITS.—Section 1804 of the Reclamation Projects Author15 ization and Adjustment Act of 1992 (Public Law 102–

16 575) is amended—

17 (1) by striking subsection (b); and

18 (2) by redesignating subsections (c), (d), and

19 (e) as subsections (b), (c), and (d), respectively.

20 SEC. 209. AMENDMENTS RELATING TO TITLE 18, UNITED

21 STATES CODE (CRIMES AND CRIMINAL PRO22 CEDURE).

23 (a) PRESIDENTIAL PROTECTION ASSISTANCE: DE24 TERMINATION OF FAIR MARKET VALUE OF IMPROVE25 MENTS.—Section 5(b) of the Presidential Protection As-
38

•HR 3864 IH

1 sistance Act of 1976 (Public Law 94–524; 90 Stat. 2476;

2 18 U.S.C. 3056 note) is amended by striking ‘‘Comptroller

3 General of the United States’’ and inserting ‘‘Director’’.

4 (b) DISPUTES OVER PURCHASE OF PRISON-MADE

5 PRODUCTS BY FEDERAL DEPARTMENTS.—Section

6 4124(b) of title 18, United States Code, is amended by

7 striking ‘‘Comptroller General of the United States’’ and

8 inserting ‘‘Attorney General’’.

9 SEC. 210. AMENDMENTS RELATING TO TITLE 19, UNITED

10 STATES CODE (CUSTOMS DUTIES).

11 (a) AUDITS OF THE CUSTOMS FORFEITURE

12 FUND.—Section 613A(e)(2) of the Tariff Act of 1930 (19

13 U.S.C. 1613b(e)(2)) is amended—

14 (1) by striking ‘‘annual financial’’; and

15 (2) by inserting before the period the following:

16 ‘‘, under such conditions as the Comptroller General

17 determines appropriate’’.

18 (b) REPORT ON BUSINESSES ESTABLISHED BY CUS19 TOMS SERVICE FOR UNDERCOVER OPERATIONS.—Section

20 3131(b) of the Anti-Drug Abuse Act of 1986 (19 U.S.C.

21 2081(b)) is amended by striking ‘‘and the Comptroller

22 General’’.
39

•HR 3864 IH

1 SEC. 211. AMENDMENTS RELATING TO TITLE 22, UNITED

2 STATES CODE (FOREIGN RELATIONS AND

3 INTERCOURSE).

4 (a) ACCOUNTS OF ADVANCES FOR OPERATIONS OF

5 THE INTERNATIONAL JOINT COMMISSION ON THE U.S.-

6 CANADA BOUNDARY WATERS.—The first section of the

7 Act of March 2, 1921 (chapter 113; 22 U.S.C. 268b) is

8 amended by striking ‘‘chiefs of parties’’ the first place it

9 appears and all that follows through ‘‘chiefs of parties’’

10 the next place it appears and inserting ‘‘chiefs of parties’’.

11 (b) PREPARATION OF SCOPE OF AUDIT AND REVIEW

12 OF AUDITS OF INTER-AMERICAN DEVELOPMENT

13 BANK.—Section 14 of the Inter-American Development

14 Bank Act (22 U.S.C. 283j–1) is amended—

15 (1) in subsection (b), by striking ‘‘Comptroller

16 General of the United States shall prepare for the

17 Secretary of the Treasury’’ and inserting ‘‘Secretary

18 of the Treasury shall prepare’’; and

19 (2) in subsection (c), in the second sentence, by

20 striking ‘‘shall periodically’’ and inserting ‘‘may’’.

21 (c) REPORTS BY THE GENERAL ACCOUNTING OF22 FICE.—Section 4 of the Foreign Direct Investment and

23 International Financial Data Improvements Act of 1990

24 (22 U.S.C. 3143) is amended—
40

•HR 3864 IH

1 (1) in subsection (a), by striking ‘‘report re2 quired under’’ and inserting ‘‘reports referred to in’’;

3 and

4 (2) in subsection (b)—

5 (A) by striking ‘‘(b)’’ and all that follows

6 through ‘‘shall submit’’ and inserting ‘‘(b) RE7 PORTS.—Consistent with the provisions of this

8 section, the Comptroller General may submit’’;

9 (B) by striking ‘‘Congress a report’’ and

10 inserting ‘‘Congress reports’’;

11 (C) in paragraph (1) by striking ‘‘the re12 port of the Secretary of Commerce’’ and insert13 ing ‘‘reports issued by the Secretary of Com14 merce under section 3’’; and

15 (D) by striking the last sentence of the

16 subsection.

17 SEC. 212. AMENDMENTS RELATING TO TITLE 25, UNITED

18 STATES CODE (INDIANS).

19 (a) COPIES OF INDIAN SERVICE CONTRACTS.—Sec20 tion 7 of the Act of March 3, 1875 (25 U.S.C. 96), is

21 repealed.

22 (b) COPIES OF INDIAN SERVICE CONTRACT BIDS.—

23 Section 3 of the Act of August 15, 1876 (25 U.S.C. 97),

24 is amended by striking ‘‘; and an abstract of all bids or

25 proposals received for the supplies or services embraced
41

•HR 3864 IH

1 in any contract shall be attached to, and filed with, the

2 said contract when the same is filed in the General Ac3 counting Office the office of the Second Comptroller of

4 the Treasury’’ and inserting in lieu thereof a period.

5 SEC. 213. AMENDMENT RELATING TO TITLE 26, UNITED

6 STATES CODE (INTERNAL REVENUE CODE).

7 Section 7608(c)(2) of the Internal Revenue Code of

8 1986 (26 U.S.C. 7608(c)(2)), is amended by striking ‘‘and

9 the Comptroller General of the United States’’.

10 SEC. 214. AMENDMENT RELATING TO TITLE 28, UNITED

11 STATES CODE (JUDICIARY AND JUDICIAL

12 PROCEDURE).

13 Section 2410(e) of title 28, United States Code, is

14 amended by striking, in the second sentence, ‘‘shall so re15 port to the Comptroller General who’’.

16 SEC. 215. AMENDMENTS RELATING TO TITLE 31, UNITED

17 STATES CODE (MONEY AND FINANCE).

18 (a) TREATMENT OF RECORDS CONTAINING BANKING

19 AGENCY INFORMATION.—Section 714 of title 31, United

20 States Code, is amended—

21 (1) in subsection (d), by striking the last sen22 tence of paragraph (1) and by amending paragraph

23 (2) to read as follows:

24 ‘‘(2) The Comptroller General shall prevent unau25 thorized access to records or property of or used by an
42

•HR 3864 IH

1 agency that the Comptroller General obtains during an

2 audit.’’; and

3 (2) by adding at the end the following new sub4 section:

5 ‘‘(e)(1) An agency shall not be considered to have

6 waived any privilege applicable to any information by

7 transferring that information to or permitting that infor8 mation to be used by the Comptroller General.

9 ‘‘(2) For purposes of this subsection, the term ‘privi10 lege’ includes any work-product, attorney-client, or other

11 privilege recognized under Federal or State law.

12 ‘‘(3) Paragraph (1) shall not be construed as imply13 ing that any person waives any privilege applicable to any

14 information because paragraph (1) does not apply to the

15 transfer or use of that information.’’.

16 (b) REPORT ON AUDITS AND CONFIDENTIALITY OF

17 TAXPAYER INFORMATION.—Section 719 of title 31, Unit18 ed States Code, is amended—

19 (1) by striking subsection (d); and

20 (2) by redesignating subsections (e), (f), (g),

21 (h), and (i) as subsections (d), (e), (f), (g), and (h),

22 respectively.

23 (c) COMPLIANCE REPORTING ON ADMINISTRATIVE

24 EXPENSES.—Section 308(c) of the Legislative Branch Ap25 propriations Act, 1994 (Public Law 103–69; 107 Stat.
43

•HR 3864 IH

1 710; 31 U.S.C. 1105 note) is amended by striking ‘‘shall’’

2 and inserting ‘‘may’’.

3 (d) PAYING CHECKS AND DRAFTS.—Section 3328 of

4 title 31, United States Code, is amended—

5 (1) in subsection (a)(2), by striking ‘‘until the

6 Comptroller General settles the question’’ and in7 serting ‘‘until the question is settled’’;

8 (2) in subsection (b)(2), by striking ‘‘on settle9 ment by the Comptroller General’’; and

10 (3) in subsection (d), by striking ‘‘With the ap11 proval of the Comptroller General, the’’ and insert12 ing ‘‘The’’.

13 (e) WITHHOLDING CHECKS TO BE SENT TO FOR14 EIGN COUNTRIES.—Section 3329(b)(4) of title 31, United

15 States Code, is amended by striking the last two sentences

16 and inserting ‘‘The Secretary shall credit the accounts of

17 the drawer and drawee.’’.

18 (f) PROPERTY RETURNS.—

19 (1) REPEAL.—Section 3531 of title 31, United

20 States Code, is repealed.

21 (2) CLERICAL AMENDMENT.—The table of sec22 tions at the beginning of chapter 35 of title 31,

23 United States Code, is amended by striking the item

24 relating to section 3531.

25 (g) CLAIMS COLLECTION AND COMPROMISE.—
44

•HR 3864 IH

1 (1) IN GENERAL.—Section 3711 of title 31,

2 United States Code, is amended—

3 (A) by striking subsection (b);

4 (B) by redesignating subsections (c), (d),

5 (e), and (f) in order as subsections (b), (c), (d),

6 and (e); and

7 (C) in subsection (d) (as so redesignated),

8 by striking ‘‘and the Comptroller General’’ and

9 by striking ‘‘jointly’’ from paragraph (2).

10 (2) CONFORMING AMENDMENTS.—

11 (A) Section 3701(d) of title 31, United

12 States Code, is amended by striking ‘‘3711(f)’’

13 and inserting ‘‘3711(e)’’.

14 (B) Section 552a of title 5, United States

15 Code, is amended by striking ‘‘3711(f)’’ each

16 place it appears and inserting ‘‘3711(e)’’.

17 (C) Section 2780(b) of title 10, United

18 States Code, is amended by striking ‘‘3711(f)’’

19 and inserting ‘‘3711(e)’’.

20 (D) Section 4(d)(6) of the State Depart21 ment Basic Authorities Act of 1956 (Chapter

22 841; 22 U.S.C. 2671(d)(6)) is amended by

23 striking ‘‘3711(f)’’ and inserting ‘‘3711(e)’’.
45

•HR 3864 IH

1 (E) Section 204(f)(1) of the Social Secu2 rity Act (42 U.S.C. 404(f)(1)) is amended by

3 striking ‘‘3711(f)’’ and inserting ‘‘3711(e)’’.

4 (h) AUDIT OF PROCEEDS FROM SALES OF COM5 MEMORATIVE COINS.—Section 303 of Public Law 103–

6 186 (31 U.S.C. 5112 note) is amended—

7 (1) by striking ‘‘Before the end of the 1-year

8 period’’ and all that follows through ‘‘the Comptrol9 ler General of the United States shall’’ and inserting

10 ‘‘The Comptroller General of the United States

11 may’’; and

12 (2) by striking ‘‘sale of such coins’’ and insert13 ing ‘‘sale of commemorative coins’’.

14 (i) REPORT ON IMPLEMENTATION OF INTERGOVERN15 MENTAL FINANCING.—Section 6 of the Cash Management

16 Improvement Act of 1990 (31 U.S.C. 6503 note) is re17 pealed.

18 (j) CONSULTATION ON ACCOUNTING, AUDIT AND

19 FISCAL PROCEDURES.—Section 6703(d)(6) of title 31,

20 United States Code, is amended by striking ‘‘after con21 sultation with the Comptroller General of the United

22 States’’.

23 (k) REVIEWS OF LOCAL PARTNERSHIP ACT PRO24 GRAM.—Section 6718(b) of title 31, United States Code,
46

•HR 3864 IH

1 is amended by striking ‘‘shall’’ each place it appears and

2 inserting ‘‘may’’.

3 SEC. 216. AMENDMENT TO TITLE 32, UNITED STATES CODE

4 (NATIONAL GUARD).

5 Section 716 of title 32, United States Code, is

6 amended—

7 (1) in subsection (a)—

8 (A) in paragraph (1), by striking ‘‘Comp9 troller General’’ and inserting ‘‘Director of the

10 Office of Management and Budget’’; and

11 (B) in paragraph (2), by inserting ‘‘and’’

12 at the end of subparagraph (A), striking sub13 paragraph (B), redesignating subparagraph (C)

14 as subparagraph (B), and in that subparagraph

15 (as so redesignated), striking ‘‘Comptroller

16 General’’ and inserting ‘‘Director of the Office

17 of Management and Budget’’; and

18 (2) in subsection (b), by striking ‘‘The Comp19 troller General’’ and inserting ‘‘The Director of the

20 Office of Management and Budget’’.
47

•HR 3864 IH

1 SEC. 217. AMENDMENT RELATING TO TITLE 33, UNITED

2 STATES CODE (NAVIGATION AND NAVIGABLE

3 WATERS).

4 Section 214 of the Water Resources Development Act

5 of 1992 (106 Stat. 4831–4832; 33 U.S.C. 2281 note) is

6 repealed.

7 SEC. 218. AMENDMENT TO TITLE 37, UNITED STATES CODE

8 (PAY AND ALLOWANCES OF THE UNIFORMED

9 SERVICES).

10 Section 902(b) of title 37, United States Code, is

11 amended by striking ‘‘the General Accounting Office,

12 under the direction of the Secretary of the Navy, may’’

13 and inserting ‘‘the Secretary of the Navy may’’.

14 SEC. 219. AMENDMENT TO TITLE 38, UNITED STATES CODE

15 (VETERANS’ BENEFITS).

16 Section 711(d) of title 38, United States Code, is

17 amended by inserting ‘‘, upon request of either of such

18 Committees,’’ in the first sentence after ‘‘the Comptroller

19 General shall’’.

20 SEC. 220. AMENDMENTS RELATING TO TITLE 40, UNITED

21 STATES CODE (PUBLIC BUILDINGS, PROP22 ERTY, AND WORKS).

23 (a) PAYMENT OF EXPENSES OF SALES FROM PRO24 CEEDS.—Section 1 of the Act of June 8, 1896 (29 Stat.

25 268; 40 U.S.C. 485a) is amended by striking ‘‘, as ap26 proved by the General Accounting Office,’’.
48

•HR 3864 IH

1 (b) FURNISHING DETERMINATIONS TO THE GEN2 ERAL ACCOUNTING OFFICE.—Section 210(a)(8) of the

3 Federal Property and Administrative Services Act of 1949

4 (40 U.S.C. 490(a)(8)) is amended by striking ‘‘. A copy

5 of every such determination so made shall be furnished

6 to the General Accounting Office’’.

7 SEC. 221. AMENDMENTS RELATING TO TITLE 41, UNITED

8 STATES CODE (PUBLIC CONTRACTS).

9 (a) COMPTROLLER GENERAL REVIEW OF FRAUDU10 LENT WAR CONTRACT SETTLEMENTS.—Section 16 of the

11 Contract Settlement Act of 1944 (41 U.S.C. 116) is re12 pealed.

13 (b) RECORDS OF WAR CONTRACT FINANCING AND

14 TERMINATIONS.—Section 18(a) of the Contract Settle15 ment Act of 1944 (41 U.S.C. 118(a)) is amended—

16 (1) by striking ‘‘(1)’’; and

17 (2) by striking ‘‘; and (2) the records in connec18 tion therewith to be transmitted to the General Ac19 counting Office’’.

20 (c) COPIES OF CONTRACTS AND ADMINISTRATIVE

21 DETERMINATIONS.—Section 288(b) of the Federal Prop22 erty and Administrative Services Act of 1949 (41 U.S.C.

23 257(b)) is amended by striking the second sentence.
49

•HR 3864 IH

1 SEC. 222. AMENDMENTS RELATING TO TITLE 42, UNITED

2 STATES CODE (PUBLIC HEALTH AND WEL3 FARE).

4 (a) CONSULTATION ON ADMINISTRATIVE EXPENSES

5 OF THE NATIONAL INSTITUTES OF HEALTH.—Section

6 408(a)(3) of the Public Health Service Act (42 U.S.C.

7 284c(a)(3)) is amended by striking the last sentence.

8 (b) AUDIT OF NATIONAL FOUNDATION FOR BIO9 MEDICAL RESEARCH.—Section 499(n) of the Public

10 Health Service Act (42 U.S.C. 290b(n)) is repealed.

11 (c) CONSULTATION AND REPORTS ON GRANTS FOR

12 TRANSITION FROM HOMELESSNESS.—Section 528 of the

13 Public Health Service Act (42 U.S.C. 290cc-28) is amend14 ed—

15 (1) in subsection (a), by striking ‘‘the Comp16 troller General of the United States, and’’; and

17 (2) in subsection (c), by striking ‘‘Comptroller

18 General of the United States in cooperation with

19 the’’ and by striking the comma after ‘‘Administra20 tion’’.

21 (d) CONSULTATION AND REPORT ON TRAUMA CARE

22 GRANTS.—Section 1216(a) of the Public Health Service

23 Act (42 U.S.C. 300d–16(a)) is amended by striking ‘‘and

24 the Comptroller General of the United States’’.

25 (e) CONSULTATION ON MENTAL HEALTH AND SUB26 STANCE ABUSE BLOCK GRANTS.—Section 1942(a) of the
50

•HR 3864 IH

1 Public Health Service Act (42 U.S.C. 300x–52(a)) is

2 amended by striking ‘‘and the Comptroller General’’.

3 (f) STATE REPORTS ON MATERNAL AND CHILD

4 HEALTH PROGRAMS.—Section 506(a)(1) of the Act of Au5 gust 14, 1935, ch. 531 (42 U.S.C. 706(a)(1)) is amended

6 by striking ‘‘and the Comptroller General’’.

7 (g) REVIEW HHS CALCULATION OF REIMBURSE8 MENT RATE.—Section 4204(b) of the Omnibus Budget

9 Reconciliation Act of 1990 (42 U.S.C. 1395mm note) is

10 amended—

11 (1) by striking paragraph (4);

12 (2) in paragraph (5), by striking ‘‘Taking into

13 account the recommendations made pursuant to

14 paragraph (4), on’’ and inserting ‘‘On’’; and

15 (3) by redesignating paragraph (5) as para16 graph (4).

17 (h) STUDY OF OWNERSHIP OF PROVIDERS OF MEDI18 CARE SERVICES BY REFERRING PHYSICIANS.—

19 (1) Section 6204(e) of the Omnibus Budget

20 Reconciliation Act of 1989 (42 U.S.C. 1395nn note)

21 is repealed.

22 (2) Section 6204(f) of the Omnibus Budget

23 Reconciliation Act of 1989 (42 U.S.C. 1395nn note)

24 is amended by striking ‘‘and the Comptroller Gen25 eral’’.
51

•HR 3864 IH

1 (i) REPORTS ON PRESCRIPTION DRUG PRICING.—

2 Section 4401(d) of the Omnibus Budget Reconciliation

3 Act of 1990 (42 U.S.C. 1396r–8 note) is amended—

4 (1) in paragraph (2), by—

5 (A) striking ‘‘By not later than May 1 of

6 each year, the’’ and inserting ‘‘The’’;

7 (B) striking ‘‘an annual’’ and inserting

8 ‘‘a’’; and

9 (C) striking ‘‘retail and’’; and

10 (2) by striking paragraph (6).

11 (j) STUDY OF DEMONSTRATION TO ATTRACT PEN12 SION FUND INVESTMENT IN AFFORDABLE HOUSING.—

13 Section 6 of the HUD Demonstration Act of 1993 (42

14 U.S.C. 1437f) is amended by—

15 (1) striking subsection (i); and

16 (2) redesignating subsection (j) as subsection

17 (i).

18 (k) AUDIT OF HUD LOW-INCOME HOUSING AC19 COUNTS.—Section 10(a)(2) of the United States Housing

20 Act of 1937 (42 U.S.C. 1437h) is amended by—

21 (1) striking ‘‘annually’’;

22 (2) striking, after ‘‘accounts which’’, ‘‘shall’’,

23 and inserting ‘‘may’’;
52

•HR 3864 IH

1 (3) striking ‘‘in accordance with the principles

2 and procedures applicable to commercial trans3 actions’’; and

4 (4) striking ‘‘, and no other audit shall be re5 quired’’.

6 (l) REPORT ON THE FAMILY SELF-SUFFICIENCY

7 PROGRAM.—Section 23(m) of the United States Housing

8 Act of 1937 (42 U.S.C. 1437u(m)) is amended—

9 (1) in paragraph (1)—

10 (A) by striking ‘‘shall’’, and inserting

11 ‘‘may’’; and

12 (B) by striking ‘‘(1)’’; and

13 (2) by striking paragraph (2).

14 (m) METHODOLOGY OF STUDY.—Section

15 211(B)(f)(2) of Public Law 101–515, as amended by the

16 Violent Crime Control and Law Enforcement Act of 1994,

17 is amended by striking ‘‘shall serve’’ and all that follows

18 through ‘‘approve’’ and inserting ‘‘may serve in an advi19 sory capacity, may oversee the methodology, and may ap20 prove’’.

21 (n) STUDIES OF INCENTIVE GRANTS FOR LOCAL DE22 LINQUENCY PREVENTION PROGRAMS.—Section 5(b) of

23 the Act of November 4, 1992 (42 U.S.C. 5781 note, Public

24 Law 102–586), is amended to read as follows:
53

•HR 3864 IH

1 ‘‘(b) Under such conditions as the Comptroller Gen2 eral of the United States determines appropriate, the Gen3 eral Accounting Office may conduct studies and report to

4 Congress on the effects of the program established by sub5 section (a) in encouraging States and units of general local

6 government to comply with the requirements of part B of

7 title II of the Juvenile Justice and Delinquency Prevention

8 Act of 1974 (42 U.S.C. 5631–5633).’’.

9 (o) AUDITS OF RECIPIENTS OF LOAN GUARANTEES

10 FOR ALTERNATIVE FUEL DEMONSTRATION FACILI11 TIES.—Section 19(x)(1) of the Federal Nonnuclear En12 ergy Research and Development Act of 1974 (42 U.S.C.

13 5919(x)(1)) is amended—

14 (1) in subparagraph (A), by striking ‘‘(A)’’; and

15 (2) by striking subparagraph (B).

16 (p) REPORT ON USE OF SUBPOENA AUTHORITY TO

17 GET ENERGY INFORMATION.—Section 502(f) of the En18 ergy Policy and Conservation Act (42 U.S.C. 6382(f)) is

19 repealed.

20 (q) CONSULTATION WITH THE SECRETARY OF EN21 ERGY CONCERNING TERMINATION OF LOAN GUARAN22 TEES.—Section 451 of the Energy Conservation in Exist23 ing Buildings Act of 1976 (42 U.S.C. 6881) is amended,

24 in subsection (d) and in the first sentence of subsection

25 (e)(1), by striking ‘‘and the Comptroller General’’.
54

•HR 3864 IH

1 (r) REPORT ON POLLUTION CONTROL STRATEGIES

2 AND EMPLOYMENT EFFECTS OF CLEAN AIR ACT AMEND3 MENTS OF 1990.—Section 812(b) of the Clean Air Act

4 Amendments of 1990 (42 U.S.C. 7612 note) is repealed.

5 (s) REPORT ON ENERGY CONSERVATION BY FED6 ERAL AGENCIES.—Section 801(c) of the National Energy

7 Conservation Policy Act (42 U.S.C. 8287(c)) is amend8 ed—

9 (1) in paragraph (1), by striking ‘‘(1)’’; and

10 (2) by striking paragraph (2).

11 (t) EVALUATION OF HOMELESS ASSISTANCE PRO12 GRAMS.—Section 105 of the Stewart B. McKinney Home13 less Assistance Act (42 U.S.C. 11304) is amended—

14 (1) by striking ‘‘shall annually’’ and inserting

15 ‘‘may’’; and

16 (2) by striking ‘‘, and submit to the Congress

17 an annual summary of the status of each program

18 authorized under this Act’’.

19 (u) CONSULTATION ON ACCOUNTING, AUDIT AND

20 FISCAL PROCEDURES.—Section 30203(b)(5) of the Vio21 lent Crime Control and Law Enforcement Act of 1994 (42

22 U.S.C. 13753(b)(5)) is amended by striking ‘‘after con23 sultation with the Comptroller General of the United

24 States’’.
55

•HR 3864 IH

1 (v) STUDY OF SKILLED NURSING FACILITIES.—Sec2 tion 6026 of the Omnibus Budget Reconciliation Act of

3 1989 (Public Law 101–239) is repealed.

4 (w) REPORT ON GEOGRAPHIC COST ADJUSTMENT

5 FOR DURABLE MEDICAL EQUIPMENT.—Section 135(c)(2)

6 of the Social Security Act Amendments of 1994 (Public

7 Law 103–432) is amended—

8 (1) by striking the dash and ‘‘(A)’’ and insert9 ing a comma, and

10 (2) by striking ‘‘; and’’ and all that follows and

11 inserting a period.

12 SEC. 223. AMENDMENTS RELATING TO TITLE 44, UNITED

13 STATES CODE (PUBLIC PRINTING AND DOCU14 MENTS).

15 (a) AUDIT OF GOVERNMENT PRINTING OFFICE.—

16 Section 309 of title 44, United States Code, is amended—

17 (1) by amending subsection (d) to read as fol18 lows:

19 ‘‘(d) The Inspector General of the Government Print20 ing Office shall audit the financial and operational activi21 ties of the Government Printing Office each year. The au22 dits shall be conducted under the direction of the Joint

23 Committee on Printing. For purposes of the audits, the

24 Inspector General shall have such access to the records,

25 files, personnel, and facilities of the Government Printing
56

•HR 3864 IH

1 Office as the Inspector General considers appropriate. The

2 Inspector General shall furnish reports of the audits to

3 the Congress and the Public Printer.’’; and

4 (2) by adding at the end the following new sub5 sections:

6 ‘‘(e) The Public Printer shall prepare an annual fi7 nancial statement meeting the requirements of section

8 3515(b) (1) through (4) of title 31, United States Code.

9 Each financial statement shall be audited in accordance

10 with applicable generally accepted Government auditing

11 standards—

12 ‘‘(1) by an independent external auditor se13 lected by the Public Printer, or

14 ‘‘(2) at the request of the Joint Committee on

15 Printing, by the Inspector General of the Govern16 ment Printing Office.

17 ‘‘(f) The Comptroller General of the United States

18 may audit the financial statement prepared under sub19 section (e) at his or her discretion or at the request of

20 the Joint Committee on Printing. An audit by the Comp21 troller General shall be in lieu of the audit otherwise re22 quired by that subsection.’’.

23 (b) PUBLICATION OF DECISIONS OF THE COMPTROL24 LER GENERAL.—
57

•HR 3864 IH

1 (1) Section 1311 of title 44, United States

2 Code, is repealed.

3 (2) The table of sections for chapter 13 of title

4 44, United States Code, is amended by striking out

5 the item relating to section 1311.

6 SEC. 224. AMENDMENT RELATING TO TITLE 45, UNITED

7 STATES CODE (RAILROADS).

8 Section 1036(f) of the Intermodal Surface Transpor9 tation Efficiency Act of 1991 (45 U.S.C. 831 note) is

10 amended by striking ‘‘and annually thereafter,’’.

11 SEC. 225. AMENDMENT RELATING TO TITLE 46, UNITED

12 STATES CODE (SHIPPING).

13 Section 901(a) of the Merchant Marine Act of 1936

14 (46 U.S.C. App. 1241(a)) is amended—

15 (1) by striking ‘‘: Provided, That the Comptrol16 ler General of the United States’’ and inserting

17 ‘‘. The Administrator of General Services shall pre18 scribe regulations under which agencies’’; and

19 (2) by striking ‘‘credit any allowance’’ and in20 serting ‘‘pay for or reimburse officers or employees’’.

21 SEC. 226. AMENDMENTS RELATING TO TITLE 47, UNITED

22 STATES CODE (TELEGRAPHS, TELEPHONES,

23 AND RADIOTELEGRAPHS).

24 (a) APPROVE STANDARDS ADOPTED BY THE COR25 PORATION FOR PUBLIC BROADCASTING FOR VALUING
58

•HR 3864 IH

1 VOLUNTEER SERVICES.—Section 397(9) of the Commu2 nications Act of 1934 (47 U.S.C. 397(9)) is amended, in

3 the last sentence—

4 (1) by striking ‘‘and approved by the Comptrol5 ler General pursuant to section 396(g)(5) of this

6 title’’; and

7 (2) by striking ‘‘with respect to such services

8 provided to public telecommunications entities after

9 such standards are approved by the Comptroller

10 General and only’’.

11 (b) REPORT ON PAYMENTS BY ATTORNEY GENERAL

12 TO CARRIERS FOR INTERCEPTION OF COMMUNICA13 TIONS.—

14 (1) Section 112(b)(1) of the Communications

15 Assistance for Law Enforcement Act (47 U.S.C.

16 1010(b)(1)) is amended to read as follows:

17 ‘‘(1) On or before April 1, 1996, the Comptrol18 ler General of the United States, and every two

19 years thereafter, the Inspector General of the De20 partment of Justice, shall submit to the Congress a

21 report, after consultation with the Attorney General

22 and the telecommunications industry—’’.

23 (2) Section 112(b)(2) of the Communications

24 Assistance for Law Enforcement Act (47 U.S.C.

25 1010(b)(2)) is amended—
59

•HR 3864 IH

1 (A) after ‘‘include’’, by striking ‘‘the’’; and

2 (B) by striking ‘‘of the Comptroller Gen3 eral’’.

4 SEC. 227. AMENDMENTS RELATING TO TITLE 49, UNITED

5 STATES CODE (TRANSPORTATION).

6 (a) AUDIT OF ACCOUNTS OF DEPARTMENT OF

7 TRANSPORTATION.—Section 5334(c)(2) of title 49, Unit8 ed States Code, is amended by striking ‘‘the Comptroller

9 General shall’’ and inserting ‘‘for’’.

10 (b) REPORT ON MASS TRANSPORTATION NEEDS.—

11 Sections 5335(c) and 5335(d) of title 49, United States

12 Code, are each amended by striking ‘‘and in January of

13 every 2d year after 1993’’.

14 (c) AUDIT OF FINANCIAL ASSISTANCE FOR LOCAL

15 RAIL FREIGHT SERVICE.—Section 22107(b) of title 49,

16 United States Code, is amended by striking ‘‘and the

17 Comptroller General’’.

18 (d) TRANSPORTATION BY FOREIGN AIR CARRIERS.—

19 Section 40118(c) of title 49, United States Code, is

20 amended by striking ‘‘Comptroller General shall’’ and in21 serting ‘‘Administrator of General Services shall prescribe

22 regulations under which agencies may’’.

23 (e) AUDIT OF AVIATION INSURANCE OFFERED BY

24 DEPARTMENT OF TRANSPORTATION.—Section 44308(e)

25 of title 49, United States Code, is amended by striking
60

•HR 3864 IH

1 ‘‘. The Comptroller General shall audit those accounts’’

2 and inserting ‘‘for audit’’.

3 (f) AUDIT OF FINANCIAL ASSISTANCE FOR AIRPORT

4 AND AIRWAY DEVELOPMENT.—Section 47121(c) of title

5 49, United States Code, is amended—

6 (1) in the first sentence, by striking ‘‘Comptrol7 ler General’’ and inserting ‘‘Secretary’’;

8 (2) in the second sentence—

9 (A) by striking ‘‘Not later than April 15 of

10 each year, the’’, and inserting ‘‘The’’; and

11 (B) by striking ‘‘shall’’ and inserting

12 ‘‘may’’; and

13 (3) by striking the third sentence.

14 (g) STUDY OF ENHANCED PROCUREMENT AUTHOR15 ITY FOR FEDERAL AVIATION ADMINISTRATION.—Section

16 9206 of the Omnibus Budget Reconciliation Act of 1990

17 (Public Law 101–508) is repealed.

18 SEC. 228. AMENDMENTS RELATING TO TITLE 50, UNITED

19 STATES CODE (WAR AND NATIONAL DE20 FENSE).

21 (a) AUDIT OF TERMINATION PAYMENTS ON CON22 TRACTS FOR CERTAIN AIR DEFENSE SYSTEMS.—Section

23 1 of the Act of March 30, 1949 (62 Stat. 17; 50 U.S.C.

24 491), is amended in the third sentence of the second para25 graph—
61

•HR 3864 IH

1 (1) by striking ‘‘no termination payment shall

2 be final until audited and approved by’’;

3 (2) by striking ‘‘which’’ after ‘‘General Ac4 counting Office’’; and

5 (3) by inserting ‘‘of audit’’ after ‘‘purpose’’.

6 (b) DETERMINATIONS OF ENTITLEMENT TO WAR

7 CLAIM AWARDS.—Section 213(d) of the War Claims Act

8 of 1948 (50 U.S.C. App. 2017l(d)) is amended by striking

9 ‘‘Comptroller General’’ and inserting ‘‘Secretary of the

10 Treasury’’.

11 (c) FOREIGN POLICY CONTROLS: CONSULTATION

12 WITH CONGRESS.—Section 6(f)(3) of the Export Adminis13 tration Act of 1979 (50 U.S.C. App. 2405(f)(3)) is amend14 ed by striking the second sentence.

15 SEC. 229. AMENDMENT RELATING TO THE DISTRICT OF CO16 LUMBIA

17 Section 145 of the District of Columbia Retirement

18 Reform Act (sec. 1–725, D.C. Code) is amended as fol19 lows:

20 (1) In subsection (b)—

21 (A) in paragraph (1)—

22 (i) by striking ‘‘(1)’’,

23 (ii) by striking ‘‘and the Comptroller

24 General’’, and
62

•HR 3864 IH

1 (iii) by striking ‘‘each’’ the first and

2 third places it appears; and

3 (B) by striking paragraphs (2) and (3).

4 (2) In subsection (c)(1), by striking ‘‘Comptrol5 ler General pursuant to subsection (b)’’ and insert6 ing ‘‘enrolled actuary pursuant to subsection (a)’’.

7 (3) In subsection (c)(3)(A)—

8 (A) by striking ‘‘Comptroller General pur9 suant to subsection (b)’’ and inserting ‘‘enrolled

10 actuary pursuant to subsection (a)’’;

11 (B) by striking ‘‘and the Comptroller Gen12 eral’’; and

13 (C) by striking ‘‘of the Comptroller Gen14 eral’’.

15 (4) In subsection (c)(3)(B), by striking ‘‘the

16 Comptroller General, the Board,’’ and inserting ‘‘the

17 Board’’.

18 (5) In subsection (c)(3)(C)(1)—

19 (A) by striking ‘‘The Comptroller General,

20 on the basis of such reports from the Board

21 and’’ and inserting ‘‘The Board, on the basis of

22 such reports from’’;

23 (B) by striking ‘‘The Comptroller General

24 shall report the amount of such reduction so

25 caused to the Board and’’ and inserting ‘‘The
63

•HR 3864 IH

1 Board shall report the amount of such reduc2 tion so caused’’; and

3 (C) by striking ‘‘he receives’’ and inserting

4 ‘‘the Board receives’’.

5 (6) In subsection (c)(3)(C)(2), by striking ‘‘by

6 the Comptroller General’’.

7 TITLE III—CONFORMING

8 AMEND- MENTS TO ENACT

9 TRANSFERS AND DELEGA10 TIONS OF FUNCTIONS UNDER

11 OTHER LAWS

12 SEC. 301. PURPOSE.

13 The purpose of this title is to amend provisions of

14 law to reflect, update, and enact transfers and subsequent

15 delegations of functions made under section 211 of the

16 Legislative Branch Appropriations Act, 1996 (Public Law

17 104–53, 109 Stat. 535), as in effect immediately before

18 this title takes effect.

19 SEC. 302. CONFORMING AMENDMENTS.

20 (a) CLAIMS FOR PROCEEDS FROM SALE OF HOUSE21 HOLD AND PERSONAL EFFECTS.—Section 5564(h) of title

22 5, United States Code, is amended by striking ‘‘General

23 Accounting Office’’ each time it appears and inserting

24 ‘‘head of the agency concerned’’.
64

•HR 3864 IH

1 (b) SETTLEMENT OF ACCOUNTS OF DECEASED EM2 PLOYEES.—Section 5583 of title 5, United States Code,

3 is amended—

4 (1) in subsection (a) by striking ‘‘Comptroller

5 General of the United States’’ and inserting ‘‘Direc6 tor of the Office of Personnel Management’’; and

7 (2) in subsection (b) by striking the first sen8 tence and inserting: ‘‘The Director may by regula9 tion prescribe the method for settlement of accounts

10 payable under subsection (a) of this section.’’.

11 (c) REMISSION OF LIQUIDATED DAMAGES.—Section

12 2312 of title 10, United States Code, is amended by strik13 ing ‘‘Comptroller General’’ and inserting ‘‘Secretary of the

14 Treasury’’.

15 (d) DISPOSITION OF UNCLAIMED PROPERTY.—Sec16 tion 2575(b) of title 10, United States Code, is amended

17 by striking ‘‘General Accounting Office’’ both places it ap18 pears and inserting ‘‘Secretary’’.

19 (e) PAYMENT OF CLAIMS.—Sections 2733(d) and

20 2734(d) of title 10, United States Code, are amended by

21 striking ‘‘Comptroller General’’ and inserting ‘‘Secretary

22 of the Treasury’’.

23 (f) SETTLEMENT OF ACCOUNTS OF DECEASED MEM24 BERS.—Section 2771(c) of title 10, United States Code,

25 is amended to read as follows:
65

•HR 3864 IH

1 ‘‘(c) Payments under subsection (a) shall be made by

2 the Secretary of the military department concerned or the

3 Secretary of Transportation, as the case may be.’’.

4 (g) DISPOSITION OF EFFECTS OF DECEASED MEM5 BERS.—Sections 4712 and 9712 of title 10, United States

6 Code, are amended by striking subsection (g).

7 (h) SETTLEMENT OF INTERNATIONAL CLAIMS.—Sec8 tion 7 of the International Claims Settlement Act of 1949

9 (22 U.S.C. 1626) is amended—

10 (1) in subsection (c)—

11 (A) in paragraph (1) by striking ‘‘Comp12 troller General’’ and inserting ‘‘Secretary of the

13 Treasury’’; and

14 (B) in paragraph (2) by striking ‘‘Comp15 troller General of the United States’’ and in16 serting ‘‘Secretary of the Treasury’’; and

17 (2) in subsection (d) by striking ‘‘, or the

18 Comptroller General of the United States, as the

19 case may be,’’.

20 (i) ESTATES OF DECEDENTS.—Section 1709 of the

21 Revised Statutes (22 U.S.C. 4195) is amended—

22 (1) by striking ‘‘General Accounting Office’’

23 each place it appears and inserting ‘‘Department of

24 State’’;

25 (2) in the penultimate paragraph—
66

•HR 3864 IH

1 (A) in the first sentence, by striking

2 ‘‘Comptroller General of the United States, or

3 such member of the General Accounting Office

4 as he may duly empower to act as his rep5 resentative for the purpose,’’ and inserting

6 ‘‘Secretary of State or the Secretary’s rep7 resentative’’; and

8 (B) by striking ‘‘Comptroller General’’ and

9 inserting ‘‘Secretary of State’’; and

10 (3) in the last paragraph—

11 (A) by striking ‘‘office’’ and inserting ‘‘de12 partment’’; and

13 (B) by striking ‘‘Comptroller General’’ and

14 inserting ‘‘Secretary of State’’.

15 (j) DISPOSITION OF EFFECTS OF DECEASED ARMED

16 FORCES RETIREMENT HOME RESIDENTS.—Section 1520

17 of the Armed Forces Retirement Home Act of 1991 (24

18 U.S.C. 420) is amended—

19 (1) in subsection (b)(1)(C)—

20 (A) by striking ‘‘Comptroller General of

21 the United States’’ in the second sentence and

22 inserting ‘‘Retirement Home Board’’; and

23 (B) by striking ‘‘Comptroller General’’ in

24 the third sentence and inserting ‘‘Board’’; and

25 (2) in subsection (d)—
67

•HR 3864 IH

1 (A) by striking ‘‘Comptroller General of

2 the United States’’ in paragraph (1) and insert3 ing ‘‘Retirement Home Board’’; and

4 (B) by striking ‘‘Comptroller General’’ in

5 paragraphs (2) and (3) and inserting ‘‘Board’’.

6 (k) PAYMENT OF JUDGMENTS AND COMPROMISE

7 SETTLEMENTS.—Section 2414 of title 28, United States

8 Code, is amended in the first paragraph by striking ‘‘Gen9 eral Accounting Office’’ each place it appears and insert10 ing ‘‘Secretary of the Treasury’’.

11 (l) PAYMENT OF JUDGMENTS.—Section 2517(a) of

12 title 28, United States Code, is amended by striking ‘‘Gen13 eral Accounting Office’’ and inserting ‘‘Secretary of the

14 Treasury’’.

15 (m) JUDGMENT FUND CERTIFICATIONS.—Section

16 1304 of title 31, United States Code, is amended by strik17 ing ‘‘Comptroller General’’ each place it appears and in18 serting ‘‘Secretary of the Treasury’’.

19 (n) CLAIMS SETTLEMENT.—

20 (1) IN GENERAL.—Section 3702 of title 31,

21 United States Code, is amended—

22 (A) in the heading by striking ‘‘of the

23 Comptroller General’’;

24 (B) by amending subsection (a) to read as

25 follows:
68

•HR 3864 IH

1 ‘‘(a) Except as provided in this chapter or another

2 law, all claims of or against the United States Government

3 shall be settled by the head of the agency that conducts

4 the activity from which the claim arises.’’;

5 (C) in subsection (b), by striking ‘‘Comp6 troller General’’ each place it appears and in7 serting ‘‘the agency that conducts the activity

8 from which the claim arises’’; and

9 (D) by amending subsection (d) to read as

10 follows:

11 ‘‘(d) The head of an agency shall refer to the Director

12 of the Office of Management and Budget a claim against

13 the Government that is timely presented under this sec14 tion, that may not be adjusted by using an existing appro15 priation, and that the head of the agency determines the

16 Congress should consider for legal or equitable reasons.

17 If the Director concurs, the Director shall report to the

18 Congress on the claim with appropriate recommenda19 tions.’’.

20 (2) CLERICAL AMENDMENT.—Chapter 37 of

21 title 31, United States Code, is amended in the table

22 of sections at the beginning of the chapter, by

23 amending the item relating to section 3702 to read

24 as follows:

‘‘3702. Authority to settle claims.’’.
69

•HR 3864 IH

1 (o) TRANSPORTATION CLAIMS.—Section 3726 of title

2 31, United States Code, is amended—

3 (1) in subsection (f) by striking ‘‘and the

4 Comptroller General prescribe jointly’’ and inserting

5 ‘‘prescribes’’; and

6 (2) in subsection (g)(1) by striking ‘‘Comptrol7 ler General’’ and inserting ‘‘Administrator of Gen8 eral Services’’.

9 (p) SETOFF AGAINST JUDGMENTS.—Section 3728 of

10 title 31, United States Code, is amended—

11 (1) in subsection (a) by striking ‘‘Comptroller

12 General’’ the first place it appears and inserting

13 ‘‘Secretary of the Treasury’’; and

14 (2) by striking ‘‘Comptroller General’’ each

15 place it appears thereafter and inserting ‘‘Sec16 retary’’.

17 (q) SETTLEMENT OF ACCOUNTS OF DECEASED MEM18 BERS.—Section 714(c) of title 32, United States Code, is

19 amended—

20 (1) in the first sentence, by striking ‘‘Comptrol21 ler General’’ and inserting ‘‘Secretary concerned’’;

22 and

23 (2) by striking the second sentence.

24 (r) PAYMENT OF CLAIMS RELATING TO NATIONAL

25 GUARD ACTIVITIES.—Section 715(d) of title 32, United
70

•HR 3864 IH

1 States Code, is amended by striking ‘‘Comptroller Gen2 eral’’ and inserting ‘‘Secretary of the Treasury’’.

3 (s) CLAIMS FOR NET PROCEEDS FROM SALES OF

4 HOUSEHOLD AND PERSONAL EFFECTS.—Section 554(h)

5 of title 37, United States Code, is amended by striking

6 ‘‘General Accounting Office’’ each place it appears and in7 serting ‘‘Secretary concerned’’.

8 (t) CANCELLATION OF CHECKS MAILED TO DE9 CEASED PAYEES.—Section 5122 of title 38, United States

10 Code, is amended by striking ‘‘upon settlement by the

11 General Accounting Office’’.

12 (u) WAIVER OF LIQUIDATED DAMAGES.—Section

13 10(a) of the Act of September 5, 1950 (64 Stat. 591; 41

14 U.S.C. 256a), is amended by striking ‘‘Comptroller Gen15 eral’’ and inserting ‘‘Secretary of the Treasury’’.

16 SEC. 303. REPEAL.

17 Section 211 of the Legislative Branch Appropriations

18 Act, 1996 (Public Law 104–53; 109 Stat. 535) is amend19 ed to read as follows:

20 ‘‘SEC. 211. Personnel transferred pursuant to this

21 section, as in effect immediately before the effective date

22 of section 303 of the General Accounting Office Manage23 ment Reform Act of 1996, shall not be separated or re24 duced in classification or compensation for one year after

25 any such transfer, except for cause.’’.
71

•HR 3864 IH

1 SEC. 304. EFFECTIVE DATE.

2 This title shall take effect on the later of the date

3 of the enactment of this Act or June 30, 1996.

Æ