31 U.S.C. § 717

Evaluating programs and activities of the United States Government

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(a) In this section, “agency” means a department, agency, or instrumentality of the United States Government (except a mixed-ownership Government corporation) or the District of Columbia 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 General;(2) when either House of Congress orders an evaluation; or(3) when a committee of Congress with jurisdiction over the program or activity requests the evaluation.(c) The Comptroller General shall develop and recommend to Congress ways to evaluate a program or activity the Government carries out under existing law.(d)(1) On request of a committee of Congress, the Comptroller General shall help the committee to—(A) develop a statement of legislative goals and ways to assess and report program performance related to the goals, including recommended ways to assess performance, information to be reported, responsibility for reporting, 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.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
717(a)	31:1157.	Oct. 26, 1970, Pub. L. 91–510, § 207, 84 Stat. 1168.
717(b)	31:1154(a).	Oct. 26, 1970, Pub. L. 91–510, § 204(a)–(c), 84 Stat. 1168; restated July 12, 1974, Pub. L. 93–344, § 702(a), 88 Stat. 326.
717(c)	31:1154(c).
717(d)	31:1154(b).

Subsection (a) restates the source provisions because of section 701 of the revised title and for consistency with section 101 of the revised title.

In subsection (b), before clause (1), the word “evaluate” is substituted for “review and evaluate” to eliminate unnecessary words. In clause (3), the words “a committee of Congress” are substituted for “any committee of the House of Representatives or the Senate, or any joint committee of the two Houses” for consistency and to eliminate unnecessary words.

In subsection (c), the word “evaluate” is substituted for “review and evaluation” to eliminate unnecessary words.

In subsection (d)(1), before clause (A), the words “committee of Congress” are substituted for “committee of either House or any joint committee of the two Houses” for consistency and to eliminate unnecessary words. In clause (A), the words “objectives and”, “actual”, and “but are not limited to” are omitted as surplus. In clause (B), the words “analyzing and” and “or evaluation studies” are omitted as surplus.

In subsection (d)(2), the word “Congress” is substituted for “either House” for clarity. The words “statement or other” are omitted as surplus.

Notes of Decisions

Cited in 6 cases, 1984–2009 · leading case: Bowsher v. Synar, 478 U.S. 714 (1986).

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Bowsher v. Synar, 478 U.S. 714 (1986). · cites it 2× “" 31 U. S. C. § 717 (b). In assessing a program or activity, moreover, the Comptroller General's responsibility is to "develop and recommend to Congress ways to evaluate a program or activity the Government carries out under existing law.”

Synar v. United States, 626 F. Supp. 1374 (D.D.C. 1986). · cites it 2× “§ 716 (1982) (Comptroller General may sue heads of agencies to obtain audit information); 31 U.S.C. § 717 (b) (1982) (Comptroller General shall evaluate the results of government activities at the request of either House of Congress or appropriate committees thereof); 31 U.”

United States of Am. & Charles A. Bowsher, Comptroller Gen. of the United States of Am. v. McDonnell Douglas Corp., 751 F.2d 220 (8th Cir. 1984). “§ 1154 (a) (recodified at 31 U.S.C. § 717 (b)); 31 U.S.C. § 53 (c) (recodified at 31 U.”

Nat'l Ass'n of Chain Drug Stores v. U.S. Dep't of Health & Human Servs., 631 F. Supp. 2d 17 (D.D.C. 2009). · cites it 2× “) Here, GAO plainly has the authority to conduct the contemplated evaluation under 31 U.S.C. § 717 (b)(1). (See Defs.’ Reply, Ex.”

Nat'l Ass'n of Chain Drug Stores v. United States Dep't of Health & Human Servs. (D.D.C. 2009). · cites it 2× “) Here, GAO plainly has the authority to conduct the contemplated evaluation under 31 U.S.C. § 717 (b)(1). (See Defs.’ Reply, Ex.”

Investigative Auth. of the Gen. Acct. Off. (OLC 1988). · cites it 2× “The subject is thus not “a program or activity the Government carries our under existing law,” and it is beyond GAO’s authority under 31 U.S.C. § 717 (b). Accordingly, unless this request is tailored to inquire specifically about a program or activity carried out under existing…”

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