Pub.L. 104-317 To make improvements in the operation and administration of the Federal courts, and for other purposes. <> ...

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                  GENERAL ACCOUNTING OFFICE ACT OF 1996

[[Page 110 STAT. 3826]]

Public Law 104-316
104th Congress

                                 An Act


 
 To amend laws authorizing auditing, reporting, and other functions by 
 the General Accounting Office. <<NOTE: Oct. 19, 1996 -  [H.R. 3864]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: General 
Accounting Office Act of 1996.>> 

SECTION 1. <<NOTE: 31 USC 701 note.>>  SHORT TITLE.

    This Act may be cited as the ``General Accounting Office Act of 
1996''.

                      TITLE I--AMENDMENTS TO LAWS 
      AUTHORIZING AUDITING, REPORTING, AND OTHER FUNCTIONS BY THE 
                        GENERAL ACCOUNTING OFFICE

SEC. 101. TRANSFERS AND TERMINATIONS OF FUNCTIONS.

    (a) <<NOTE: 31 USC 702 note.>>  In General.--
            (1) Functions transferred.--In any case in which a provision 
        of law authorizing the performance of a function by the 
        Comptroller General of the United States or the General 
        Accounting Office is amended by this title to substitute another 
        Federal officer, employee, or agency in that authorization, the 
        authority under that provision to perform that function is 
        transferred to the other Federal officer, employee, or agency.
            (2) Functions terminated.--In any case in which a provision 
        of law authorizing the performance of a function by the 
        Comptroller General of the United States or the General 
        Accounting Office is repealed by this Act, the authority under 
        that provision to perform that function is terminated.
            (3) Delegation of functions.--The Director of the Office of 
        Management and Budget may delegate, in whole or in part, to any 
        other agency or agencies any function transferred to or vested 
        in the Director under section 103(d), 105(b), 116, or 202(n) of 
        this Act, and may transfer to such agency or agencies any 
        personnel, budget authority, records, and property received by 
        the Director pursuant to subsection (b) of this section that 
        relate to the delegated functions.

    (b) <<NOTE: 31 USC 702 note.>>  Incidental Transfers.--
            (1) In general.--Incident to any transfer of authority under 
        subsection (a)(1), there shall be transferred to the recipient 
        Federal officer, employee, or agency such personnel, records, 
        budget authority, and property of the General Accounting Office

[[Page 110 STAT. 3827]]

        as the Comptroller General and the Director of the Office of 
        Management and Budget jointly determine to be necessary to 
        effectuate the transfer.
            (2) Effect on personnel.--Personnel transferred under this 
        section shall not be separated or reduced in classification or 
        compensation for one year after any such transfer, except for 
        cause.

    (c) <<NOTE: 31 USC 702 note.>>  References.--With respect to any 
function or authority transferred under this Act and exercised on or 
after the effective date of that transfer, reference in any Federal law 
to the Comptroller General or to any officer or employee of the General 
Accounting Office is deemed to refer to the Federal officer or agency to 
which the function or authority is transferred under this Act.

    (d) <<NOTE: 31 USC 702 note.>>  Savings Provisions.--
            (1) Orders and other official actions not affected.--All 
        orders, determinations, rules, regulations, permits, grants, 
        contracts, certificates, licenses, and privileges--
                    (A) which have been issued, made, granted, or 
                allowed to become effective by the Comptroller General 
                or any official of the General Accounting Office, or by 
                a court of competent jurisdiction, in the performance of 
                any function or authority transferred under this Act, 
                and
                    (B) which are in effect at the time of the transfer;
        shall continue in effect according to their terms until 
        modified, terminated, superseded, set aside, or revoked in 
        accordance with law.
            (2) Pending matters and proceedings.--This Act shall not 
        affect any pending matters or proceedings, including notices of 
        proposed rulemaking, relating to a function or authority 
        transferred under this Act. Such matters or proceedings shall 
        continue under the authority of the agency to which the function 
        or authority is transferred until completed or terminated in 
        accordance with law.
            (3) Judicial proceedings and causes of actions.--No suit, 
        action, or other proceeding or cause of action relating to a 
        function or authority transferred under this Act shall abate by 
        reason of the enactment of this Act. If, before the date on 
        which a transfer of a function or authority this Act takes 
        effect, the Comptroller General of the United States or any 
        officer or employee of the General Accounting Office in their 
        official capacity is party to a suit relating to the function or 
        authority, then such suit shall be continued and the head of the 
        agency to which the function or authority is transferred, or 
        other appropriate official of that agency, shall be substituted 
        or added as a party.

    (e) <<NOTE: 2 USC 130c note.>>  Effective Date.--
            (1) In general.--Except as provided in paragraph (2), this 
        title shall take effect on the date of enactment of this Act.
            (2) Exceptions.--Sections 103(d), 105(b), and 116 shall take 
        effect 60 days after the date of enactment of this Act.

SEC. 102. AMENDMENTS RELATING TO TITLE 2, UNITED STATES CODE (THE 
            CONGRESS).

    (a) Compliance Reporting on Reduction in Employee Positions.--
Section 307(c) of the Legislative Branch Appropriations Act, 1994 
(Public Law 103-69; 107 Stat. 710; 2 U.S.C. 60-1 note) is amended by 
striking ``shall'' and inserting ``may''.

[[Page 110 STAT. 3828]]

    (b) Waiver of Erroneous Payments in the Senate.--Section 2(a) of the 
Act of July 25, 1974 (Public Law 93-359; 88 Stat. 394; 2 U.S.C. 130c(a)) 
is amended--
            (1) in the first sentence by striking ``, if the claim is 
        not the subject of an exception made by the Comptroller General 
        in the account of any accountable officer or official''; and
            (2) in the third sentence by striking ``shall'' the first 
        place it appears and inserting ``may''.

    (c) Waiver of Erroneous Payments in the House of Representatives.--
Section 3(a) of the Act of July 25, 1974 (Public Law 93-359; 88 Stat. 
395; 2 U.S.C. 130d(a)) is amended, in the first sentence, by striking 
``, if the claim is not the subject of an exception made by the 
Comptroller General in the account of any accountable officer or 
official''.
    (d) Report on Sequestration of Funds to Meet Deficit Reduction 
Goals.--Section 254 of the Balanced Budget and Emergency Deficit Control 
Act of 1985 (2 U.S.C. 904) is amended--
            (1) in subsection (a), by striking:

    ``30 days later.......GAO compliance report.'';
            and
            (2) in subsection (i), by striking ``On the date specified 
        in subsection (a)'' and inserting ``Upon request of the 
        Committee on the Budget of the House of Representatives or the 
        Senate''.

SEC. 103. AMENDMENTS RELATING TO TITLE 5, UNITED STATES CODE (GOVERNMENT 
            ORGANIZATION AND EMPLOYEES).

    (a) Transmittal of Reports.--Section 1213(e) of title 5, United 
States Code, is amended--
            (1) in paragraph (3) by striking the comma after 
        ``President'' and inserting ``and'', and by striking ``, and the 
        Comptroller General''; and
            (2) in paragraph (4) by striking the comma after 
        ``President'' and inserting ``and'', and by striking ``, and the 
        Comptroller General''.

    (b) Withholding of Pay.--Section 5512(b) of title 5, United States 
Code, is amended by striking ``General Accounting Office'' and inserting 
``employing agency''.
    (c) Designation of Beneficiary.--Section 5582(a) of title 5, United 
States Code, is amended by striking the second sentence and inserting 
the following: ``An employee may change or revoke a designation at any 
time under regulations promulgated--
            ``(1) by the Director of the Office of Personnel Management 
        or his designee, in the case of an employee of an executive 
        agency;
            ``(2) jointly by the President pro tempore of the Senate and 
        the Speaker of the House of Representatives, or their designee, 
        in the case of an employee of the legislative branch; and
            ``(3) by the Chief Justice of the United States or his or 
        her designee, in the case of an employee of the judicial 
        branch.''.

    (d) Waiver of Erroneous Payments.--Section 5584 of title 5, United 
States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1) by striking ``Comptroller 
                General of the United States'' and inserting 
                ``authorized 
                official''; and

[[Page 110 STAT. 3829]]

                    (B) in paragraph (2) by inserting ``and'' at the end 
                of subparagraph (A), by striking subparagraph (B), by 
                redesignating subparagraph (C) as subparagraph (B), and 
                by striking ``Comptroller General'' in subparagraph (B) 
                (as so redesignated) and inserting ``authorized 
                official'';
            (2) in subsection (b) by striking ``Comptroller General'' 
        and inserting ``authorized official''; and
            (3) by adding at the end the following new subsection:

    ``(g) For the purpose of this section, the term `authorized 
official' means--
            ``(1) the head of an agency, with respect to an agency or 
        employee in the legislative branch; or
            ``(2) the Director of the Office of Management and Budget, 
        with respect to any other agency or employee.''.

    (e) Regulations and Reports.--Section 5707(b)(1)(A) of title 5, 
United States Code, is amended by striking ``the Comptroller General of 
the United States,''.
    (f) GAO Audit of Agency Compliance.--Section 5(b) of the Hotel and 
Motel Fire Safety Act of 1990 (Public Law 101-391; 5 U.S.C. 5707 note) 
is repealed.
    (g) Procedures for Deposit of Employees' Contributions to Retirement 
Funds.--Sections 8334(a)(2), 8422(c), and 8432(f) of title 5, United 
States Code, are each amended by striking ``Comptroller General of the 
United States'' and inserting ``Secretary of the Treasury''.
    (h) Transmittal of Copy of Report on the Civil Service Retirement 
and Disability Fund.--Section 8348(l) of title 5, United States Code, is 
amended by striking the last sentence in paragraph (1).
    (i) Transmittal of Copy of Report on the Thrift Savings Fund.--
Section 8438(h) of title 5, United States Code, is amended by striking 
``and the Comptroller General of the United States'' in the last 
sentence of paragraph (1).
    (j) Receipt of Copy of CPA Examination of Thrift Savings Fund.--
Section 8439(b)(3) of title 5, United States Code, is amended by 
striking ``and the Comptroller General of the United States''.

SEC. 104. AMENDMENTS RELATING TO TITLE 7, UNITED STATES CODE 
            (AGRICULTURE).

    (a) Audit of Washington Family Independence Demonstration Project.--
Section 21(g) of the Food Stamp Act of 1977 (7 U.S.C. 2030(g)) is 
amended by striking ``shall'' and inserting ``may''.
    (b) Reports on Amounts Obligated and Expended by Department of 
Agriculture for Advisory Services.--Section 641 of the Rural 
Development, Agriculture, and Related Agencies Appropriations Act, 1990 
(7 U.S.C. 2207a) is amended--
            (1) in subsection (a)--
                    (A) by striking ``(1)'' after ``(a)'';
                    (B) by striking ``shall (A) submit'' and inserting 
                ``shall submit''; and
                    (C) by striking ``, and (B) transmit a copy of such 
                report to the Comptroller General of the United 
                States'';
            (2) by striking subsection (b);
            (3) by redesignating paragraph (2) of subsection (a) as 
        subsection (b); and
            (4) in subsection (b) (as so redesignated)--

[[Page 110 STAT. 3830]]

                    (A) by striking ``paragraph (1)'' and inserting 
                ``subsection (a)''; and
                    (B) by redesignating subparagraphs (A), (B), and (C) 
                as paragraphs (1), (2), and (3), respectively.

SEC. 105. AMENDMENTS TO TITLE 10, UNITED STATES CODE 
            (ARMED FORCES).

    (a) Waiver of Recovery of Erroneous Annuity Payments.--Sections 1442 
and 1453 of title 10, United States Code, are amended by striking ``and 
the Comptroller General''.
    (b) Waiver of Recovery of Erroneous Overpayments.--Section 2774 of 
such title is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``Comptroller 
                General'' and inserting ``Director of the Office of 
                Management and Budget''; and
                    (B) in paragraph (2), by inserting ``and'' at the 
                end of subparagraph (A), striking subparagraph (B), 
                redesignating subparagraph (C) as subparagraph (B), and 
                in that subparagraph (as so redesignated), striking 
                ``Comptroller General'' and inserting ``Director of the 
                Office of Management and Budget''; and
            (2) in subsection (b), by striking ``The Comptroller 
        General'' and inserting ``The Director of the Office of 
        Management and Budget''.

    (c) Certification to Comptroller General of Uncollectability of 
Advances.--Section 2777(b)(2)(B) of such title is amended by striking 
``to the Comptroller General''.
    (d) Maintaining Accounts of Military Departments.--
Section 2778 of such title is repealed, and the table of sections at the 
beginning of chapter 165 of such title is amended by striking the item 
relating to that section.
    (e) Radiograms and Telegrams.--Sections 4592 and 9592 of such title 
are amended by striking ``, or may file a claim with the General 
Accounting Office for'' in the second sentence and inserting ``of''.

SEC. 106. AMENDMENTS RELATING TO TITLE 12, UNITED STATES CODE (BANKS AND 
            BANKING).

    (a) Report on Prepurchase and Foreclosure-Prevention Counseling 

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