GENERAL ACCOUNTING OFFICE PROVISIONS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00003R000200020001-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 21, 2016
• Document Release Date: September 11, 2008
• Sequence Number: 1
• Publication Date: April 3, 1980
• Content Type: OPEN SOURCE

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PUBLIC LAW 96-226-APR. 3, 1980 94 STAT. 311
Public Law 96-226
96th Congress
An Act
To improve budget management and expenditure control by revising. certain provi- Apr. 3, 1980
sions relating to the Comptroller General and the Inspectors General cf the (H.R. E4]
Departments of Energy and Health, Education, and Welfare, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act maybe General
cited as the "General Accounting Office Act of 1980". Accounting Act of
UNVOUCHERED EXPENDITURES
SEC. 101. Section 117 of the Budget and Accounting Procedures Act
of 1950 (31 U.S.C. 67) is amended by adding at the end thereof the
following new subsection:
"(0(1) Notwithstanding any provision of law which permits an
expenditure to be accounted for solely on the approval, authorization,
or certificate of the President of the United States or an official of an
executive agency, the Comptroller General shall have access to such
books, documents, papers, records, and other information relating to
any such expenditure as may be necessary to enable him, to deter-
mine whether the expenditure was, in fact, actually made and
whether such expenditure was authorized by law. The provisions of
this paragraph may be superseded only by a provision of law enacted
after the date of enactment of this paragraph which specifically
expenditure under section 102, 103, 105(d) (1), (3), or (5); or 106(b) (2) or
(3), of title 3, United States Code, the provisions of sections 102, 103,
105(d), and 106(b) of such title shall govern the examination of such
expenditures by the Comptroller General in lieu of the provisions of
this subsection.
"(2) With respect to any expenditure accounted for solely on the
approval, authorization, or certificate of the President of the United
States or an official of an executive agency and notwithstanding any
provision of law, no officer or employee of the General Accounting
Office may release the findings of its audit of such expenditure or
disclose any books, documents, papers, records, or other information
concerning such expenditure to anyone not an officer or employeeof
the General Accounting Office, except to the President or the head of
the agency concerned or, in the case of unresolved discrepancies, to
the Committee on Governmental Affairs of the Senate, the Commit-
tee on Government Operations of the House of Representatives, and
to the Committees of the House and the Senate having legislative or
appropriations oversight with respect to the expenditure in question.
the authority contained in section 8(b) of the Central Intelligence
Agency Act of 1949.
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 94 STAT. 312 PUBLIC LAW 96-226-APR. 3, 1980
Access to
records, written
request.
"B) The President may exempt from the provisions of p
_
._,.6.
(1) of this subsection financial transactions which relate to sensi
foreign intelligence or foreign counterintelligence activities, or
enforcement investigations. An exemption under this subparagra
investigative or domestic intelligence sources involved in such
to the provisions of paragraph (1) of this subsection would expose
to section 8(b) of the Central Into _
lligence Agency Act of 1949
House of Representatives and the Select Committee on Intelligence
provisions of paragraph (1) pursuant to subparagraph (B) shall
information concerning financial transactions exempted from
the Senate.
"(4) Not later than sixty days after the beginning of each fiscal
starting on or after October 1, 1980, the Director of the Office
p
ations of the House of Representatives, and to the Comptrolle
mental Affairs of the Senate, the Committee on Government O
e
mittees on the Budget and the Committees on Appropriations of th
Management and Budget shall submit to the chairman of the Co
SEC. 102. Section 313 of the Budget and Accounting Act 1021 031
ENFORCEMENT OF ACCESS TO RECORDS
authority in addition to subsection (a) for such access and the reasons i1
such access is desired. The head of the department or establishment t
concerned shall have a period of twenty days from the date of receipt
to respond fn the written t f th C
re
u
re asonable period of time, the Comptroller General in his discretion
may make a written request to the head of the department or
establishment concerned. Any such request shall set forth an
U.S.C. 54), is amended by designating the existing paragraph as t
subsection (a) and by adding at the end the following new subsections: 4
"(bXl) When access to any books, documents, papers, or records of 4
any department or establishment is not made available within a
q
o
es o e mptroller General. The
response shall describe any books, documents, papers, or records
withheld and the reasons therefor. If within such twenty-day period
full access to such books, documents, papers, or records has not been
afforded the Comptroller General or any of his designated assistants
or employees, the Comptroller General may file a written report of
the matter with the President of the United States, the Director of
the Office of Management and Budget, the Attorney General, the
head of the department or establishment concerned, and with the
Speaker of the House of Representatives and the President of the
Senate.
"(2) Subject to subsection ;d) the Comptroller General, through any
attorney Subject by him in writing, may, after twenty calendar
days after the filing of a written report under paragraph (1), apply to
the United States District Court for the District of Columbia for any
order requiring the head of the department or establishment con-
cerned to produce the material withheld. The Attorney General is
authorized to represent the defendant official in such proceedings.
PUBLIC LAW 96-226-AF
falure to obey an order of the court unC
treated by the court as a contempt thereof.
Sub-Oct to subsection (, the 0
subpena the production) of books
require by
and documents of coi
ers
d
,
a pap
ran
emo4 pe F rsons to which he
or other non- ederal Person fro'
agreement of the non Federal Subpenas may be issued under the sign,
General and shall identify the material so,
which access is based- Service of a subpeni
tion may be made by anyone authorized b:
(A) bIVermg a copy thereof to the parse
mailingpy thereof by certified O
reques addressed to such person
lace of business. A verified return by .
place setting forth the manner of serve
by certified or registered mail, , of return
sere
the person so served, shall be Proof
refuse
"(2) In the case of contumacy or
under paragraph (1) of this subsection, by
found, or transacts business within the
court of the United States, such court, t, up attoz
Comptroller General through any to Luc
writing, shall have j
requiring such person to produce the mate
any such person to obey such order of the
court as a contempt thereof.
"(d) The Comptroller General may
subsection (b) for an order or issue a si
the production of material-
mr' (1) if such material relates to I
President as being foreign intelligei
gence activities;
"(2) if such material is specifically
the Comptroller General by statub
(A) requires that the material be wi
neral in such a manner as to ea
) establishes particular criter
or (B
Comptroller General or refers to Pa
withheld from the Comptroller Gen
4"(3) if the President or the Dire
meat and Budget within twenty di
under subsection l), certifies iv
Gen
the Senatehthat (E
President of sk
matters which could be withheld
552(bX5) or 552(bX7), of title 5, U,
disclosure of such material to tlh
reasonably be expected to substan
the Federal Government. bt
bleby the President y he ?il
ment and Budget ~be acs
of the rationale therefor.
"(e) Any written information, books
made available to the comptroller Gi
shall be subject to the same level of c
the agency which obtained.
all bei
General Accounting
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raph
itive
ensi-
aant
the
ty of
law
-aph
ons.
cant
and
the
tbe
the
e of
ear
of
)m-
the
rn-
>er-
ler
by
PUBLIC LAW 96-226-APR. 3, 1980 94 STAT. 313
Any failure to obey an order of the court under this subsection may be
treated by the court as a contempt thereof.
"(cX1) Subject to subsection (d), the Comptroller General may Subpena of
require by subpena the production of books, records, correspondence, material.
memoranda, papers, and documents of contractors, subcontractors,
or other non-Federal persons to which he has access by law or by
agreement of the non-Federal person from whom access is sought.
Subpenas may be issued under the signature of the Comptroller
General and shall identify the material sought and the authority on
which access is based. Service of a subpena issued under this subsec-
tion may be made by anyone authorized by the Comptroller General
(A) by delivering a copy thereof to the person named therein, or (B) by
mailing a copy thereof by certified or registered mail, return receipt
requested, addressed to such person at his residence, or principal
place of business. A verified return by the person so serving the
subpena setting forth the manner of service or in the case of service
by certified or registered mail, the return post office receipt signed by
the person so served, shall be proof of service.
"(2) In the case of contumacy or refusal to obey a subpena issued Refusal to obey
under paragraph (1) of this subsection, by any person who resides, is subpena.
found, or transacts business within the jurisdiction of any district
court of the United States, such court, upon application made by the
Comptroller General through any attorney designated by him in
writing, shall have jurisdiction to issue to such person an order
requiring such person to produce the matter requested. Any failure of
any such person to obey such order of the court may be treated by the
court as a contempt thereof.
"(d) The Comptroller General may not bring an action under Exempted
subsection (b) for an order or issue a subpena under subsection (c) material-
requiring the production of material-
"(1) if such material relates to activities designated by the
President ks being foreign intelligence or foreign counterintelli-
gence activities;
"(2) if such material is specifically exempted from disclosure to
the Comptroller General by statute provided that such statute
(A) requires that the material be withheld from the Comptroller
General in such a manner as to leave no discretion on the issue,
or (B) establishes particular criteria for withholding from the
Comptroller General or refers to particular types of matters to be
withheld from the Comptroller General; or
"(3) if the President or the Director of the Office of Manage-
ment and Budget within twenty days after the filing of a report
under subsection (bXl), certifies in writing to the Comptroller
General, the Speaker of the House of Representatives, and the
President of the Senate, that (A) such material consists of
matters which could be withheld from disclosure under section
552(bX5) or 552(bX7), of title 5, United States Code and (B) the
disclosure of such material to the Comptroller General could
reasonably be expected to substantially impair the operations of
the Federal Government. Such certification shall be nondelega-
ble by the President or by the Director of the Office of Manage-
ment and Budget and shall be accompanied by a full explanation
of the rationale therefor.
"(e) Any written information, books, documents, papers, or records Confidentiality
made available to the Comptroller General pursuant to this section of information.
shall be subject to the same level of confidentiality as is required of
the agency from which obtained. The officers and employees of the
General Accounting Office shall be subject to the same penalties
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 94 STAT. 314 PUBLIC LAW 96-226-APR. 3, 1980
prescribed by statute for unauthorized disclosure or use as th
obtained. Information described in section 552(bX6) of title 5 of the
United States Code obtained by the Comptroller General shall
maintained in a manner designed to prevent unwarranted invasio
of personal privacy.
"(f) Nothing in this section shall be construed as authority ton
Submission of
draft report to
agency for
comment,
exception.
Statement of
changes.
Guidelines for
handling and
=0,d
Commission.
Establishment.
AVAILABILITY OF DRAFT REPORTS
SEC. 103. Section 312 of the Budget and Accounting Act, 1921 (31
U.S.C. 53) is amended by adding at the end thereof the following new
subsection:
"(f)(1) No portion of any draft report prepared by the General
Accounting Office shall be submitted to any agency for comment
thereon for a period in excess of thirty days unless the Com troller
p
period is necessary and is likely to result in improvement in the
accuracy of such report.
General determines, upon a showing by such
g y agency, that a longer
"(2) Failure of an agency to return comments by the conclusion of
the comment period established under paragraph (1) of this subsec-
tion shall not result in the delayed delivery of any such report.
"(3) Whenever an agency is requested to comment on a draft report,
the Comptroller General shall-
"(A) in the case of any report initiated, pursuant to subsection
(b) of this section or otherwise, at the request of either House of
Congress or by any committee or member thereof, make such
draft report available on request to such House, committee, or
member, or
"B) in the case of any other report, make such draft report
available on request to the Committee on Governmental Affairs
of the Senate and to the Committee on Government Operations
of the House.
"(4) The Comptroller General shall prepare and issue with the final
version of any report of the General Accounting Office a statement of
(A) any significant changes, from any prior drafts of such report, in
the findinors, conclusions, or recommendations which were based on
an agency s comments on such a draft, and (B) the reasons for making
such changes.
"(5) Procedures followed pursuant to this subsection shall be
s2dject to statutory and Executive order guidelines for the handling
storage of classified information and material.".
APPOINTMENT OF THE COMPTROLLER GENERAL AND THE DEPUTY
COMPTROLLER GENERAL
SEC. 104. (a) Section 302 of the Budget and Accounting Act, 1921 (31
U.S.C. 42) is amended by inserting "(a)" before "There" and by adding
at the end thereof the following new subsection:
vacancy occurs in the Office of Comptroller General or in the Office of
Deputy Comptroller General, there is established a commission to
recommend individuals to the President for appointment to th
"(bXl) Whenever, after the date of enactment of this subsection, a
Membership. vacant office. Any such commission shall consist of- e
"(A) the Speaker of the House of Representatives,
"(B) the President pro tempore of the Senate,
PUBLIC LAW 96-226
"(C) the majority and minority
sentatives and the Senate,
"(D) the chairman and rank
Committee on Government Oper
sentatives and of the Committee c
Senate, and
"(E) in the case of a vacancy in
ler General, the Comptroller G
"(2) Any commission established un
to the President for consideration th4
persons for the Office of Comptroller
his discretion,.may request that add
(bXl) The first paragraph of section
amended by striking out the first s
thereof the following: "Except as othi
the Comptroller General shall hold c
Deputy Comptroller General shall h
appointment until the date on which t
a vacancy in the Office of Comptrolli
troller General may continue to
appointed.".
(2) The amendment made by parag
person occupying the position of Dept
date of enactment of this Act, but s
vacancy in such position occurring o
apply to any person appointed to fill st
TITLE 11-CONFORMING AMEND
THE INSPECTORS GENERAL (
ENERGY AND HEALTH, EDUCA
SEC. 201. Section 203(b) of the Act of
42 U.S.C. 3523), is amended to read as
"(b) In carrying out the responsi
(aX1), the Inspector General shall-
"(1) comply with standards e
General of the United States f
ments, organizations, programs, t
"(2) establish guidelines for det
non-Federal auditors;
"(3) take appropriate steps to t
by non-Federal auditors oomplie:
by the Comptroller General as i
"(4) shall report expeditiously
ever the Inspector General has
there has been a violation of Fedk
SEC. 202. Section 208 of the Depa
Act (42 U.S.C. 7138) is amended by
following new subsections:
"(h) In carrying out the respons
(bXl), the Inspector General shall-
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PUBLIC LAW 96-226-APR. 3,1980 94 STAT. 315
"(C) the majority and minority leaders of the House of Repre-
sentatives and the Senate,
"(1)) the chairman and ranking minority member of the
Committee on of Government
the Committee on Operations Affairs of the
Senate, and
"(E) in the case of a vacancy in the Office of Deputy Comptrol-
ler General, the Comptroller General of the United States.
"(2) Any commission established under paragraph (1) shall submit
to the president for consideration the names of not less than three
persons for the Office of Comptroller General. The President, within
his discretion,.may request that additional names be submitted".
(bXl) The first paragraph of section 303 of such Act (31 U.S.C. lie lieu
amended by striking out the first sentence and inserting in ' Comptroller
thereof the following. "Except as otherwise provided in this section, General and
the Comptroller General shall hold office for fifteen years and the Deputy
Deputy Comptroller General shall hold office from the date of his Comptroller
appointment until the date on which an individual is appointed to fill General, terms
a vacancy in the Office of Comptroller General. The Deputy Comp-
troller General may continue to serve until his successor is
appointed.".
h (1) shall not apply to the Nonapplicabuity.
person (2) The occupying the amendment made position by of paragraph alComptroller General on the 81 U5C 43 note-
date to any
date of enactment of this Act, but shall apply with such rdate, espect any shall
vacancy in such position occurring suon or ch a after
vacancy.
apply to any person appointed
TITLE 11-CONFORMING AMENDMENTS WITH RESPECT TO
11-0-0
ARTMENTS OF
THE INSPECTORS GENERAL OF THE
ENERGY AND HEALTH, EDUCATION, AND WELFARE
AMENDMENT TO THE ACT OF OCTOBER 15, 1976
SEC. 201. Section 203(b) of the Act of October 15,1976 (90 Stat. 2430;
42 U.S.C. 3523), is amended to read as follows-
"(b) In carrying out the responsibilities specified
(aXl), the Inspector General shall-
"(1) comply with standards established by the Comptroller
General of the United States for audits of Federal establish-
ments, organizations, programs, activities, and functions;
"(2) establish guidelines for determining the appropriate use of
non-Federal auditors;
"(3) take appropriate steps to assure that any work performed
by non-Federal auditors complies with the standards established
by the Comptroller General as described in paragraph (1); and to
"(4) shall report expeditiously to the Attorney General when Report
- Atorney
ever the Inspector General has reasonable grounds to believe General
there has been a violation of Federal criminal law.".
AMENDMENT TO THE DEPARTMENT OF ENERGY ORGANIZATION ACT
SEc. 202. Section 208 of the Department of Energy Organization
Act (42 U.S.C. 7138) is amended by adding at the end thereof the
following new subsections:
"(h) In carrying out the responsibilities specified in subsection
_,
(bXl), the Inspector General
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 94 STAT. 316 PUBLIC
L
Attorney
General.
AW 96-226-APR. 3, 1980
` ) com with standards established by the Com
General the United States for audits of Federal pk 0ller
Monte, O rganizati' ons~ activities, and functions '
establish a ouidirs and a the appropriate use of
"(3) take a p rop fps to assm that any work performed
by non-Fed al auditora complies with the standards establish the CDm llut General as described is ph (1).
out his duties and responsibre under this
section, the Inspector General shall give particular. regard to the
activities of the Comptroller General with a view toward avoiding
insuring effective
duplication and coordination and cooperation,
tha out his duties and responsibilities under this
Attorney Genehapeckor ral wheneevvere the sIn~s report expeditiously to the
grounds to believe there has has r"80nable
law.". been ao violation of Federal crimir
Approved April 3, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96-425 (Comm. on Government Operations).
SENATE REPORT 91-5O O accompanying S. 1878 (Comm. on Governmental
CONGRESSIONAL RECORD:
''Vol. 125 (1979): Oct. 29, considered and passed House.
-Vol. 126 (1980): Feb. 28, considered and passed Senate, amended, in lieu of
S. 1878.
WEEKLY CO Mar. 19, House concurred in Senate amendment.
Vol. 16, No. 1980 Apr PEL DOCUMENTS:
3, 3, Presidential statement.
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