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tionments, changes in maximum percentage of progress payments, and other pressing matters relating to implementation of the 1958 Department of Defense Appropriation Act. Sincerely yours,
C. E. WILSON.
EXHIBIT No. 31
COMPTROLLER GENERAL OF THE UNITED STATES,
Washington, D.C., October 2, 1958. Mr. PAUL SOUTHWICK, Professional Staff Member, Government Information Subcommittee, Committee
on Government Operations, House of Representatives. DEAR MR. SOUTHWICK: We appreciate your letter of September 29, 1958, enclosing a copy of Congressman Moss' letter of September 25, 1958, to the Secretary of the Air Force concerning the refusal of the Air Force to make available to the General Accounting Office access to the Air Force Inspector General's report entitled "Survey of Management of the Ballistic Missiles Program.”
Your letter also inquires about the refusal in 1953 or of the Department of the Air Force to furnish the General Accounting Office an Inspector General's report. Under date of March 15, 1954, the former Comptroller General addressed a letter to the Secretary of the Air Force requesting a copy of the Inspector General's report of findings on price redetermination contracting matters at the Air Materiel Command, Dayton, Ohio. By letter of September 22, 1954, the Under Secretary of the Air Force advised the then Comptroller General that he had concluded that the public interest would best be served by not releasing the report. Since the particular phase of the work for which the report was requested had been substantially completed by the time the Air Force reply was received, we did not pursue the matter further. For your information, there are enclosed copies of the letters of March 15, 1954, and September 22, 1954. Sincerely yours,
R. F. KELLER, Assistant to the Comptroller General.
(Following are the enclosures :)
COMPTROLLER GENERAL OF THE UNITED STATES,
Washington D.C., March 15, 1954. The Honorable the SECRETARY OF THE AIR FORCE.
MY DEAR MR. SECRETARY: As a part of a survey of procurement practices at the Air Materiel Command, Dayton, Ohio, the Division of Audits of the General Accounting Office is undertaking a review of practices and procedures relating to price redetermination contracting. Some work has been done at the Air Material Command in this price redetermination area by representatives of both the Auditor General and the Inspector General and I understand that a report has been prepared by Inspector General personnel covering their work in the price redetermination contracting field.
For the past several years a procedure has been in effect whereby the Air Force Auditor General's Office and the Division of Audits of my Office exchange timely information concerning audit findings in connection with procurement procedure and contracts, or other matters, in which both groups are interested. This permits recognition by the General Accounting Office of work performed by the Auditor General and minimizes duplication of effort and overall audit cost to the Government.
However, with respect to surveys of procurement procedures and examinations of contracts by the Inspector General, such a working relationship has not been possible, apparently because of the limitations imposed by Air Force Regulation No. 205-47, dated June 29, 1953, which prohibits the release of information contained in Inspector General's reports except with the personal approval of the Secretary. Representatives of the Division of Audits of my Office have discussed this problem with the Inspector General who recognizes the desirability of mimimizing duplication of work but feels' that as the regulations now stand he is not permitted to make information available outside the Air Force without personal approval.
Under the provisions of the Accounting and Auditing Act of 1950, the General Accounting Office is required to audit the financial transactions of each executive agency in accordance with such principles and proedures and under such rules and regulations as may be prescribed by the Comptroller General. In the determination of auditing procedures to be followed and the extent of examination to be performed, the Comptroller General is required to give due regard to internal audit and control, and related administrative practices of the agency.
Further, with regard to access to information, section 313 of the Budget and Accounting Act of 1921 provides that:
“All departments and establishments shall furnish to the Comptroller General such information regarding the powers, duties, activities, organization, financial transactions, and methods of business of their respective offices as he may from time to time require of them; and the Comptroller General, or any of his assistants or employees, when duly authorized by him, shall, for the purpose of securing such information, have access to and the right to examine any books, documents, papers, or records of any such department or establishment * * *" (42 Stat. 26).
One of my objectives, in carrying out the audit responsibilities of my Office, is to avoid unnecessary duplication of audit effort through the recognition and evaluation of audit or investigations work performed by the administrative agencies. Reports of the type being requested might well provide a basis for reducing audit effort and expense by the General Accounting Office.
I shall appreciate it if a copy of the Inspector General's report of findings on price redetermination contracting matters at the Air Materiel Command could be made available to the Division of Audits of my Office, for use in connection with their examination of price redetermination contracting practices and pro cedures at the Air Materiel Command. If this can be arranged, I am designating Mr. Robert L. Long, Director of Audits of the General Accounting Office, to receive this report or any others that may, from time to time, be released for audit purposes.
In the interest of promoting timely exchange of information, I would like to suggest for your consideration some modification by you of Air Force Regulation No. 205–47 whereby information or reports developed by the Inspector General concerning procurement and contracting matters may be made available for the use of the General Accounting Office without the necessity for your and my individual attention in each case. I shall appreciate receiving your views on these matters. Sincerely yours,
LINDSAY C. WARREN, Comptroller General of the United States.
DEPARTMENT OF THE AIR FORCE,
OFFICE OF THE SECRETARY,
Washington, D.C., September 22, 1954. The Honorable the COMPTROLLER GENERAL.
DEAR MR. COMPTROLLER GENERAL: Reference is made to your request for a copy of the Air Force Inspector General's report of findings on price redetermination contracting matters at the Air Materiel Command.
As you know, Inspector General's reports are prepared solely for the use of responsible officials within the Air Force. It is of the utmost importance that the Military Establishment have the benefit of an inspection service which is capable of stern, impartial analysis of the effectiveness and efficiency of its operations. I firmly believe that the goal of objective self-criticism can be attained only if the Inspector General's organization has the assurance that its findings and recommendations will, without exception, be kept within this Department.
These considerations compel me to conclude that the public interest would best be served by not releasing the report which you have requested. Please be assured of my earnest desire to cooperate with you and with your organization in every way consistent with the sound administration of this Department.
(Signed) JAMES H. Douglas, Under Secretary.
EXHIBIT No. 32
NOTICE OF PUBLIC HEARINGS BY THE SENATE CONSTITUTIONAL RIGHTS SUBCOMMITTEE ON "EXECUTIVE PRIVILEGE" AND "FREEDOM OF INFORMATION"
[From the Congressional Record, Mar. 12, 1959, p. 3534] Mr. MANSFIELD. Mr. President, the chairman of the Senate Judiciary Subcommittee on Constitutional Rights (Mr. Hennings) has asked me to announce that a public hearing will be conducted by the subcommittee on Friday, March 13, 1959, at 10 a.m., in room 457 of the Old Senate Office Building, Washington, D.C., on “Executive Privilege” and “Freedom of Information,” in accordance with the subcommittee's programs for this year, under authorization of Senate Resolution 62, summarized in the accompanying Senate Report No. 31.
The witnesses will be: First, Robert Keller, General Counsel of the General Accounting Office, appearing for the Comptroller General of the United States, and accompanied by, second, Lawrence Powers, Director of the Defense Accounting and Auditing Division, General Accounting Office.
Third. Joseph W. Bishop, Jr., professor of law, Yale Law School, New Haven, Conn.
Incidentally, the subcommittee hopes to be able to hear Prof. Edward S. Corwin at some future date. Professor Corwin has indicated an interest in the studies of the subcommittee but said the other day he would be unable to come to Washington at this time because he has some throat trouble. Professor Corwin, as we all know, is one of the country's leading writers and students of Congress and the Presidency.