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TheWeekInCongress.com (TM)

Week Ending October 5, 2007

 

H.R.928 To amend the Inspector General Act of 1978 to enhance the independence of the Inspectors General, to create a Council of the Inspectors General on Integrity and Efficiency, and for other purposes.

 

Inspector Generals are watchdogs within government agencies with the authorities to investigate wrong doing, particularly in the areas of waste, fraud and abuse. There has been, on occasion, incidences where the IGs were more political that objective and ignored issues that warranted investigation.

 

The bill provides for the removal of providentially appointed IGs before their term of office is over on the grounds of permanent incapacity, inefficiency, neglect of duty, malfeasance or conviction of a felony or conduct involving moral turpitude.

 

The bill would establish in the Executive Branch the Council of the Inspectors General on Integrity and Efficiency and an Integrity Committee that will review and refer for investigation allegations made against IGs and their staff. The Council and Committee are aimed to increase professionalism and effectiveness and to develop policies, standards and approaches to a well-trained and highly skilled IG workforce.

 

The Council will be made up of Inspector Generals from the CIA, Government Printing Office, the Controller’s Office and officials from the FBI and other Executive Branch agencies. The Council will continually identify, review and discuss areas of weakness and vulnerability in Federal programs with respect to waste, fraud and abuse and develop plans and policies to address those weaknesses.

 

IGs term in office are to be seven years but they may serve more than one term, up to an additional year, until a successor is appointed and confirmed. They are not authorized to receive bonus pay. ‘There are currently 58 Inspector General offices established under the IG Act with 29 presidential IGs and 29 DFE IGs.’ Budgets usually submitted directly to the department Secretary will be submitted directly to the Office of Management and Budget and Congress.

 

IG subpoena power is extended to include documents in any medium including electronic information and hard derives and computers. They may apply to Justice to be fully deputized to make arrests, request and obtain search warrants, take sworn testimony and carry firearms. IRS IGs are authorized to provide protection for IRS employees during contact with customers considered to be high risk.

 

In 2006 alone, audits by Inspector General offices resulted in $9.9 billion in potential savings from audit recommendations and $6.8 billion in investigative recoveries.

 

The motion to recommit the bill requires all IGs to report each year to Congress and the President recommendations on whether an abolishment, reorganization, consolidation or transfer or Federal programs is necessary to reduce Federal expenditures, increase efficiency, eliminate overlap of programs, abolish unnecessary programs and other efficiency and cost cutting opportunities.

 

Sponsor:  Rep. Jim Cooper (TN-5th)

Vote: Passed the House 404 to 11 October 5, 2007 RC 937. The motion to recommit the bill passed 274 to 144 RC 936

Cost to the taxpayers: “CBO estimates that implementing H.R 928 would cost about $9 million in 2008 and $73 million over the 2008-2012 period, assuming the availability of the appropriated funds. The legislation could affect direct spending and revenues, but CBO estimates that any such effects would be negligible”

Earmark Certification:   H.R. 928 does not include any congressional earmarks, limited tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI.

The Motion to Recommit

It shall be the principle duty and responsibility of each Inspector General, with respect to the establishment within which his Office is established, to review annually the operations, efficiency, and effectiveness of all Federal programs within such establishment and submit to the Congress and the President not later than September 1 of each year recommendations, accompanied by proposed legislation, on whether an abolishment, reorganization, consolidation, or transfer of existing Federal programs and agencies is necessary-- ``(1) to reduce Federal expenditures; (2) to increase efficiency of government operations; (3) to eliminate overlap and duplication in Federal programs and offices; (4) to abolish agencies or programs that no longer serve an important governmental purpose; and (5) to identify reductions in amounts of discretionary budget authority or direct spending that can be dedicated to Federal deficit reduction.''

The motion to recommit the bill passed 274 to 144 RC 936

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MORE INFORMATION

HOUSE AMENDMENTS

SOME INSPECTOR GENERAL DRAMA

 

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SOME INSPECTOR GENERAL DRAMA

Department of State Inspector General Howard Krongard allegedly interfered with numerous ongoing investigations to protect the State Department and White House from political embarrassment. According to current and former employees of the Office of Inspector General, Mr. Krongard's strong affinity with State Department leadership, support for the current administration, and partisan political ties have led him to halt investigations, censor reports, and refuse to cooperate with law enforcement agencies.

NASA Inspector General Robert Cobb allegedly suppressed investigations and penalized his own investigators for pursuing allegations of theft, safety violations, and other wrongdoing. After a six-month investigation, the Integrity Committee the President's Council on Integrity and Efficiency determined that Mr. Cobb had abused his authority and created a hostile work environment, and had not maintained an appearance of independence from NASA officials. All members of the committee believed that disciplinary action, up to and including removal, could be appropriate. Mr. Cobb rejected the findings of the Integrity Committee and calls for his resignation from leaders of NASA's congressional oversight committees. He remains in office.

Department of Commerce Inspector General Johnnie Frazier was under investigation for taking trips with no apparent official purpose at government expense, retaliating against employees who objected and refused to sign the travel vouchers, and destroying emails after he was informed of an investigation into his travel. A report from the Office of Special Counsel recently concluded that he illegally retaliated against employees who challenged his conduct by demoting them. Mr Frazier retired effective June 29, 2007.

Former Smithsonian Institution Inspector General Debra Ritt stated that former Smithsonian Secretary Lawrence M. Small tried to pressure her to drop an audit of high-ranking officials and their business expenses. Ms. Ritt moved ahead with the audit, which found excessive spending on travel and other expenses by top Smithsonian officials and led to Small's resignation. However, Ms. Ritt resigned as Smithsonian Inspector General shortly afterward, in response to cuts in the Inspector General office budget.

Legal Services Corporation (LSC) Inspector General Kirt West was considered for dismissal by the LSC board after he issued audit reports questioning spending on travel and expenses for LSC board meetings. The LSC board did not proceed with removal after intervention from the House Judiciary Committee.

Other examples of challenges to independence and accountability have occurred at the General Services Administration, Special Inspector General for Iraq Reconstruction, Environmental Protection Agency, Department of Defense, and Department of Homeland Security, U.S. Postal Service, and Department of Health and Human Services.

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HOUSE AMENDMENTS

1. H.AMDT.831 to H.R.928 An amendment numbered 1 printed in House Report 110-358 to provide that the Department of Justice (DOJ) Inspector General is not required to refer to the Counsel of the Office of Professional Responsibility (OPR) of DOJ, allegations of misconduct involving DOJ attorneys and related personnel where the allegations relate to the exercise of the authority of an attorney to investigate, litigate, or provide legal advice.
Sponsor: Rep Conyers, John, Jr. [MI-14] (introduced 10/3/2007)      Cosponsors (None)
Latest Major Action: 10/3/2007 House amendment agreed to. Status: On agreeing to the Conyers amendment (A001) Agreed to by recorded vote: 217 - 192 (Roll no. 935).


2. H.AMDT.832 to H.R.928 An amendment numbered 2 printed in House Report 110-358 to revise section 3 ("direct submission of budget requests to Congress") by striking language authorizing all IGs to independently submit their office's budget requests to Congress, separate and apart from the President's budget submission, and inserting language requiring IGs to notify Congress only if the budget request submitted by the agency would "substantially inhibit the Inspector General from performing the duties of the office.".
Sponsor: Rep Davis, Tom [VA-11] (introduced 10/3/2007)      Cosponsors (None)
Latest Major Action: 10/3/2007 House amendment agreed to. Status: On agreeing to the Davis, Tom amendment (A002) Agreed to by voice vote.


3. H.AMDT.833 to H.R.928 An amendment numbered 3 printed in House Report 110-358 to add additional reasons for which an IG may be removed from office, make certain changes to make the statute conform to existing Executive Orders, and require an annual report by the Council of the Inspectors General on Integrity and Efficiency on the activities of its Integrity Committee.
Sponsor: Rep Miller, Brad [NC-13] (introduced 10/3/2007)      Cosponsors (None)
Latest Major Action: 10/3/2007 House amendment agreed to. Status: On agreeing to the Miller (NC) amendment (A003) Agreed to by voice vote.


4. H.AMDT.834 to H.R.928 An amendment numbered 4 printed in House Report 110-358 to establish a committee of Inspectors General of the Inspectors General Council to review the qualifications of nominees and final candidates for the position of Inspector General in all government establishments and entities to determine whether they meet the integrity and professional qualifications for the position established by the Inspector General Act. The committee would also be required to report back to the relevant Senate committee or federal appointing entity.
Sponsor: Rep Miller, Brad [NC-13] (introduced 10/3/2007)      Cosponsors (None)
Latest Major Action: 10/3/2007 House amendment agreed to. Status: On agreeing to the Miller (NC) amendment (A004) Agreed to by voice vote.


5. H.AMDT.835 to H.R.928 An amendment numbered 5 printed in House Report 110-358 to require that each federal agency website has a direct link to the website of the Office of Inspector General for that agency, that the Inspector General of each agency posts all reports and audits online within one day of being made publicly available, and that all Inspector General websites facilitate the individual, anonymous reporting of waste, fraud and abuse.
Sponsor: Rep Gillibrand, Kirsten E. [NY-20] (introduced 10/3/2007)      Cosponsors (None)
Latest Major Action: 10/3/2007 House amendment agreed to. Status: On agreeing to the Gillibrand amendment (A005) Agreed to by voice vote.


6. H.AMDT.836 to H.R.928 An amendment to add the provisions specified in the Tom Davis (VA) motion to recommit with instructions.
Sponsor: Rep Towns, Edolphus [NY-10] (introduced 10/3/2007)      Cosponsors (None)
Latest Major Action: 10/3/2007 House amendment agreed to. Status: On agreeing to the Towns amendment (A006) Agreed to by voice vote.

 

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