IB 

Union Calendar No. 224 

111TH CONGRESS 

1ST SESSION H. R. 2646 

[Report No. 111–387, Part I] 

To amend title 31, United States Code, to enhance the oversight authorities 

of the Comptroller General, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 2, 2009 

Mr. TOWNS introduced the following bill; which was referred to the Committee 

on Oversight and Government Reform 

DECEMBER 19, 2009 

Reported with an amendment and referred to the Committee on Financial 

Services for a period ending not later than December 19, 2009, for consideration of such provisions of the bill and amendment as fall within the 

jurisdiction of that committee pursuant to clause 1(g), rule X 

[Strike out all after the enacting clause and insert the part printed in italic] 

DECEMBER 19, 2009 

Committee on Financial Services discharged; committed to the Committee of 

the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on June 2, 2009] 

A BILL 

To amend title 31, United States Code, to enhance the 

oversight authorities of the Comptroller General, and 

for other purposes. 


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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 ‘‘Government Account5 ability Office Improvement Act of 2009’’. 

6 SEC. 2. AUTHORITY TO OBTAIN INFORMATION. 

7 (a) AUTHORITY TO OBTAIN RECORDS.—Section 716 

8 of title 31, United States Code, is amended in subsection 

9 (a)— 

10 (1) by striking ‘‘(a)’’ and inserting ‘‘(2)’’; and 

11 (2) by inserting after the section heading the fol12 lowing: 

13 ‘‘(a)(1) The Comptroller General is authorized to ob14 tain such agency records as the Comptroller General re15 quires to discharge his duties (including audit, evaluation, 

16 and investigative duties), including through the bringing 

17 of civil actions under this section. In reviewing a civil ac18 tion under this section, the court shall recognize the con19 tinuing force and effect of the authorization in the pre20 ceding sentence until such time as the authorization is re21 pealed pursuant to law.’’. 

22 (b) COPIES AND INTERVIEWS.—Section 716(a) of title 

23 31, United States Code, as amended by subsection (a), is 

24 further amended in the second sentence of paragraph (2) 

25 by striking ‘‘inspect an agency record’’ and inserting ‘‘inVerDate Nov 24 2008 21:09 Dec 23, 2009 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6203 E:\BILLS\H2646.RH H2646

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1 spect, and make and retain copies of, an agency record and 

2 interview agency officers and employees’’. 

3 (c) RULES OF CONSTRUCTION.—Section 716 of title 

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

5 the following new subsection: 

6 ‘‘(f) No provision of any law in existence on the date 

7 of the enactment of this section or enacted after such date 

8 shall be construed to limit, amend, or supersede the author9 ity of the Comptroller General to obtain any information, 

10 to inspect any record, or to interview any officer or em11 ployee under this section, except to the extent such provision 

12 expressly and specifically refers to this section and provides 

13 for such limitation, amendment, or supersession.’’. 

14 SEC. 3. ADMINISTERING OATHS. 

15 Paragraph (4) of section 711 of title 31, United States 

16 Code, is amended to read as follows: 

17 ‘‘(4) administer oaths to witnesses, except that, 

18 in matters other than auditing and settling accounts, 

19 the authority of an officer or employee to administer 

20 oaths to witnesses pursuant to a delegation under 

21 paragraph (2) shall not be available without the prior 

22 express approval of the Comptroller General (or a des23 ignee).’’. 


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1 SEC. 4. AGENCY REPORTS. 

2 Section 720(b) of title 31, United States Code, is 

3 amended— 

4 (1) in the matter preceding paragraph (1), by 

5 inserting ‘‘or planned’’ after ‘‘action taken’’; and 

6 (2) by amending paragraph (1) to read as fol7 lows: 

8 ‘‘(1) the Committee on Homeland Security and 

9 Governmental Affairs of the Senate, the Committee on 

10 Oversight and Government Operations of the House of 

11 Representatives, the congressional committees with ju12 risdiction over the agency program or activity that is 

13 the subject of the recommendation, and the Govern14 ment Accountability Office before the 61st day after 

15 the date of the report; and’’. 

16 SEC. 5. REVIEWS OF SPECIAL FEDERAL RESERVE CREDIT 

17 FACILITIES. 

18 (a) REVIEWS.—Section 714 of title 31, United States 

19 Code (as amended by section 801 of Public Law 111–22), 

20 is amended by adding at the end the following new sub21 section: 

22 ‘‘(f) REVIEWS OF CREDIT FACILITIES OF THE FED23 ERAL RESERVE SYSTEM.— 

24 ‘‘(1) IN GENERAL.—Subject to paragraph (3) 

25 and notwithstanding any limitation in subsection (b) 

26 on the auditing and overseeing of certain functions of 


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1 the Board of Governors of the Federal Reserve System 

2 or any Federal reserve bank, the Comptroller General 

3 may conduct reviews, including onsite examinations 

4 when the Comptroller General determines such actions 

5 are appropriate, of credit facilities established by the 

6 Board or any Federal reserve bank, and of the estab7 lishment of such credit facilities by the Board or any 

8 Federal reserve bank— 

9 ‘‘(A) in carrying out any action or function 

10 approved by the Board under the 3rd undesig11 nated paragraph of section 13 of the Federal Re12 serve Act (12 U.S.C. 343); or 

13 ‘‘(B) in providing temporary assistance to 

14 private institutions as the lender of last resort. 

15 ‘‘(2) DESCRIPTION.—As of the date of the enact16 ment of this subsection, the credit facilities to which 

17 this subsection applies include the following: 

18 ‘‘(A) Money Market Investor Funding Fa19 cility. 

20 ‘‘(B) Asset-Backed Commercial Paper 

21 Money Market Mutual Fund Liquidity Facility. 

22 ‘‘(C) Term Asset-Backed Securities Loan 

23 Facility. 

24 ‘‘(D) Term Auction Facility. 

25 ‘‘(E) The Primary Dealer Credit Facility. 


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1 ‘‘(F) The Commercial Paper Funding Fa2 cility. 

3 ‘‘(G) The Term Securities Lending Facility, 

4 including the Term Securities Lending Facility 

5 Options Program 

6 ‘‘(H) The Revolving Credit Facility. 

7 ‘‘(I) Reciprocal currency arrangements with 

8 foreign central banks. 

9 ‘‘(J) Mortgage Backed Securities Purchase 

10 Program, as well as the purchase of debt obliga11 tions from a Government Sponsored Enterprise. 

12 ‘‘(K) Any special purpose vehicle through 

13 which any such credit facility conducts any ac14 tivity or lending. 

15 ‘‘(3) TERMINATION OF AUTHORITY.—Paragraph 

16 (1) shall cease to apply after the expiration of the 5- 

17 year period beginning on the date of the enactment of 

18 this subsection. 

19 ‘‘(4) REPORT.— 

20 ‘‘(A) REQUIRED.—A report on each review 

21 conducted under paragraph (1) shall be sub22 mitted by the Comptroller General to the Con23 gress before the end of the 90-day period begin24 ning on the date on which such review is com25 pleted. 


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1 ‘‘(B) CONTENTS.—The report under sub2 paragraph (A) shall include a detailed descrip3 tion of the findings and conclusions of the Comp4 troller General with respect to the review that is 

5 the subject of the report, together with such rec6 ommendations for legislative or administrative 

7 action as the Comptroller General may deter8 mine to be appropriate.’’. 

9 (b) ACCESS TO RECORDS.—Section 714(d) of title 31, 

10 United States Code (as amended by section 801 of Public 

11 Law 111–22), is amended— 

12 (1) in paragraph (1)— 

13 (A) in the first sentence, by inserting after 

14 ‘‘an agency’’ the following: ‘‘or any facility es15 tablished by an agency (as specified in sub16 section (f))’’; and 

17 (B) in the second sentence, by inserting 

18 after ‘‘and any entity’’ the following: ‘‘or facil19 ity’’; and 

20 (2) in paragraph (2), by inserting after ‘‘used by 

21 an agency’’ the following: ‘‘or any facility established 

22 by an agency (as specified in subsection (f))’’. 


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Union Calendar No. 224 

111TH CONGRESS 

1ST SESSION H. R. 2646 

[Report No. 111–387, Part I] 

A BILL 

To amend title 31, United States Code, to enhance 

eral, and for other purposes. the oversight authorities of the Comptroller GenDECEMBER 19, 2009 

Reported with an amendment and referred to the Com1(g), rule X in the jurisdiction of that committee pursuant to clause such provisions of the bill and amendment as fall with- later than December 19, 2009, for consideration of mittee on Financial Services for a period ending not 

DECEMBER 19, 2009 

Committee on Financial Services discharged; committed 

the Union and ordered to be printed to the Committee of the Whole House on the State of 


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