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B-202303 1 (1981-06-18)

handle is hein.gao/gaobabkbk0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON D.C. 20548 B-202303 June 18, 1981 The Honorable Jack Brooks Chairman, Committee on Government Operations House of Representatives Dear Mr. Chairman: This is in response to your request for our co.ents on H.R. 316 97th Cong., 1st Sess., which if enacted would be' cited as the Limitation on Government Recordkeeping Requirements and Actions Act of 1981. On the basis of remarks made upon the introduction of similar bills in the 96th Congress, it seems clear that the intent of this bill is to protect individuals and businesses against untimely Government regulatory enforcement with respect to their otherwise private business or personal endeavors. Although the bill thus would not seem to be intended to apply to those dealing directly with the Government by contract, grant, loan, or other mechanism for transferring funds or benefits, as presently drafted, it would have this effect. Among other things, our comments address a number of undue burdens which the present bill language would place on Government operations. Many of these burdens would be eliminated by redefining person in section 2(b)(3) of the bill to exclude those dealing directly with the Government. Section 2(a)(1) of the bill would preclude an agency from requiring, or enforcing any law or regulation which requires, a person to maintain, prepare or produce any record (other than a record relating to a dangerous material), more than four years after the date of the transaction or event which is the subject of the record. Section 2(a)(2) of the bill would preclude an agency from taking legal action against any person: -for enforcement of a law or regulation, or -for collection of civil fine, penalty or forfeiture, more than four years after the date of the act or failure to act which is the subject of the action. These provisions in section 2 would not apply when the Internal Revenue Code of 1954 or its implementing regulations provide otherwise. RECORDKEEPING PROVISIONS The bill would provide a uniform four-year limit on the time that any agency could require a person to retain records. While we believe that reducing records retention requirements is a desirable goal, we do 62133,

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