31 U.S.C. § 716 — Availability of information and inspection

Page 86 TITLE 31—MONEY AND FINANCE § 716 semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the requirement to submit annual audit reports to Congress under subsec. (b) of this section is listed on page 4), see section 3003 of Pub. L. 104–66, as amended, and section 1(a)(4) [div. A, § 1402(1)] of Pub. L. 106–554, set out as notes under section 1113 of this title. ABOLITION OF HOUSE COMMITTEE ON THE DISTRICT OF COLUMBIA Committee on the District of Columbia of House of Representatives abolished by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. References to Committee on the District of Columbia treated as referring to Committee on Government Reform and Oversight of House of Representatives, see section 1(b) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hun- dred Sixth Congress, Jan. 6, 1999. Committee on Gov- ernment Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Rep- resentatives changed to Committee on Oversight and Reform of House of Representatives by House Resolu- tion No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Con- gress, Jan. 9, 2023. § 716. Availability of information and inspection of records (a)(1) The Comptroller General is authorized to obtain such agency records as the Comp- troller General requires to discharge the duties of the Comptroller General (including audit, evaluation, and investigative duties), including through the bringing of civil actions under this section. In reviewing a civil action under this section, the court shall recognize the continuing force and effect of the authorization in the pre- ceding sentence until such time as the author- ization is repealed pursuant to law. (2) Each agency shall give the Comptroller General information the Comptroller General requires about the duties, powers, activities, or- ganization, and financial transactions of the agency. The Comptroller General may inspect an agency record to get the information. This subsection does not apply to expenditures made under section 3524 or 3526(e) of this title. (b)(1) When an agency record is not made available to the Comptroller General within a reasonable time, the Comptroller General may make a written request to the head of the agen- cy. The request shall state the authority for in- specting the records and the reason for the in- spection. The head of the agency has 20 days after receiving the request to respond. The re- sponse shall describe the record withheld and the reason the record is being withheld. If the Comptroller General is not given an opportunity to inspect the record within the 20-day period, the Comptroller General may file a report with the President, the Director of the Office of Man- agement and Budget, the Attorney General, the head of the agency, and Congress. (2) Through an attorney the Comptroller Gen- eral designates in writing, the Comptroller Gen- eral may bring a civil action in the district court of the United States for the District of Co- lumbia to require the head of the agency to produce a record— (A) after 20 days after a report is filed under paragraph (1) of this subsection; and (B) subject to subsection (d) of this section. (3) The Attorney General may represent the head of the agency. The court may punish a fail- ure to obey an order of the court under this sub- section as a contempt of court. (c)(1) Subject to subsection (d) of this section, the Comptroller General may subpena a record of a person not in the United States Government when the record is not made available to the Comptroller General to which the Comptroller General has access by law or by agreement of that person from whom access is sought. A sub- pena shall identify the record and the authority for the inspection and may be issued by the Comptroller General. The Comptroller General may have an individual serve a subpena under this subsection by delivering a copy to the per- son named in the subpena or by mailing a copy of the subpena by certified or registered mail, return receipt requested, to the residence or principal place of business of the person. Proof of service is shown by a verified return by the individual serving the subpena that states how the subpena was served or by the return receipt signed by the person served. (2) If a person residing, found, or doing busi- ness in a judicial district refuses to comply with a subpena issued under paragraph (1) of this sub- section, the Comptroller General, through an at- torney the Comptroller General designates in writing, may bring a civil action in that district court to require the person to produce the record. The court has jurisdiction of the action and may punish a failure to obey an order of the court under this subsection as a contempt of court. (d)(1) The Comptroller General may not bring a civil action for a record withheld under sub- section (b) of this section or issue a subpena under subsection (c) of this section if— (A) the record related to activities the Presi- dent designates as foreign intelligence or counterintelligence activities; (B) the record is specifically exempted from disclosure to the Comptroller General by a statute that— (i) without discretion requires that the record be withheld from the Comptroller General; (ii) establishes particular criteria for with- holding the record from the Comptroller General; or (iii) refers to particular types of records to be withheld from the Comptroller General; or (C) by the 20th day after a report is filed under subsection (b)(1) of this section, the President or the Director certifies to the Comptroller General and Congress that a record could be withheld under section 552(b)(5) or (7) of title 5 and disclosure reason- ably could be expected to impair substantially the operations of the Government. (2) The President or the Director may not del- egate certification under paragraph (1)(C) of this Page 87 TITLE 31—MONEY AND FINANCE § 717 subsection. A certification shall include a com- plete explanation of the reasons for the certifi- cation. (e)(1) The Comptroller General shall maintain the same level of confidentiality for a record made available under this section as is required of the head of the agency from which it is ob- tained. Officers and employees of the Govern- ment Accountability Office are subject to the same statutory penalties for unauthorized dis- closure or use as officers or employees of the agency. (2) The Comptroller General shall keep infor- mation described in section 552(b)(6) of title 5 that the Comptroller General obtains in a way that prevents unwarranted invasions of personal privacy. (3) This section does not authorize informa- tion to be withheld from Congress. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 892; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 115–3, § 2(c), Jan. 31, 2017, 131 Stat. 7.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 716(a) ...... 31:54(a). June 10, 1921, ch. 18, § 313(a), 42 Stat. 26; Apr. 3, 1980, Pub. L. 96–226, § 102, 94 Stat. 312. 716(b) ...... 31:54(b). June 10, 1921, ch. 18, 42 Stat. 20, § 313(b)–(f); added Apr. 3, 1980, Pub. L. 96–226, § 102, 94 Stat. 312. 716(c) ...... 31:54(c). 716(d) ...... 31:54(d). 716(e) ...... 31:54(e), (f). In the section, the word ‘‘records’’ is substituted for ‘‘books, documents, papers, or records’’, ‘‘books, records, correspondence, memoranda, papers, and docu- ments’’, and ‘‘written information, books, documents, papers, or records’’ for consistency in the revised title and with other titles of the United States Code. The word ‘‘Congress’’ is substituted for ‘‘Speaker of the House of Representatives, and the President of the Sen- ate’’ for consistency in the revised title. In subsections (a) and (b), the word ‘‘agency’’ is sub- stituted for ‘‘departments and establishments’’ because of section 701 of the revised title. In subsection (a), the words ‘‘methods of business’’ are omitted as surplus. The words ‘‘or any of his assist- ants or employees, when duly authorized by him’’ are omitted because of sections 702(b) and 711 of the revised title. The word ‘‘inspect’’ is substituted for ‘‘shall . . . have access to and the right to examine’’ for consist- ency. The cross reference to section 3524 is added for clarity. In subsection (b)(1), the words ‘‘to the Comptroller General’’ are substituted for ‘‘access to’’ for clarity and consistency. The words ‘‘in his discretion’’, ‘‘in addi- tion to subsection (a)’’, ‘‘a period of’’, and ‘‘to the writ- ten request of the Comptroller General’’ are omitted as surplus. The words ‘‘or any of his designated assistants or employees’’ are omitted because of sections 702(b) and 711 of the revised title. In subsection (b)(2), before clause (A), the words ‘‘bring a civil action’’ are substituted for ‘‘apply’’ to conform to rule 2 of the Federal Rules of Civil Proce- dure (28 App. U.S.C.). In clause (A), the words ‘‘cal- endar’’ and ‘‘written’’ are omitted as surplus. In subsection (b)(3), the words ‘‘head of the agency’’ are substituted for ‘‘defendant official’’ for consistency. In subsection (c)(1), the words ‘‘require by . . . the production of’’ are omitted as surplus. The words ‘‘per- son not in the United States Government’’ are sub- stituted for ‘‘contractors, subcontractors, or other non- Federal persons’’ for consistency and to eliminate un- necessary words. The words ‘‘from whom access is sought’’, ‘‘in the case of service by certified or reg- istered mail’’, and ‘‘post office’’ are omitted as surplus. In subsection (c)(2), the words ‘‘judicial district’’ are substituted for ‘‘jurisdiction of any district court of the United States’’ for consistency and to eliminate unnec- essary words. The words ‘‘contumacy or’’ are omitted as surplus. The words ‘‘may bring a civil action’’ are substituted for ‘‘upon application made by’’ to conform to rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). In subsection (d)(1), before clause (A), the words ‘‘re- quiring the production of material’’ are omitted as sur- plus. In clause (C), the words ‘‘in writing’’, ‘‘consists of matters which . . . from disclosure’’, ‘‘United States Code’’, ‘‘of such material to the Comptroller General’’, and ‘‘Federal’’ are omitted as surplus. In subsection (e)(1), the words ‘‘the head of’’ are added for consistency. The words ‘‘from which such ma- terial was obtained’’ are omitted as surplus. Editorial Notes AMENDMENTS 2017—Subsec. (a). Pub. L. 115–3 added par. (1) and re- designated existing provisions as par. (2). 2004—Subsec. (e)(1). Pub. L. 108–271 substituted ‘‘Gov- ernment Accountability Office’’ for ‘‘General Account- ing Office’’. § 717. Evaluating programs and activities of the United States Government (a) In this section, ‘‘agency’’ means a depart- ment, agency, or instrumentality of the United States Government (except a mixed-ownership Government corporation) or the District of Co- lumbia government. (b) The Comptroller General shall evaluate the results of a program or activity the Government carries out under existing law— (1) on the initiative of the Comptroller Gen- eral; (2) when either House of Congress orders an evaluation; or (3) when a committee of Congress with juris- diction over the program or activity requests the evaluation. (c) The Comptroller General shall develop and recommend to Congress ways to evaluate a pro- gram or activity the Government carries out under existing law. (d)(1) On request of a committee of Congress, the Comptroller General shall help the com- mittee to— (A) develop a statement of legislative goals and ways to assess and report program per- formance related to the goals, including rec- ommended ways to assess performance, infor- mation to be reported, responsibility for re- porting, frequency of reports, and feasibility of pilot testing; and (B) assess program evaluations prepared by and for an agency. (2) On request of a member of Congress, the Comptroller General shall give the member a copy of the material the Comptroller General compiles in carrying out this subsection that has been released by the committee for which the material was compiled. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 893.)