Madam Speaker, pursuant to House Resolution 504, I call up the bill (H.R. 2662) to amend the Inspector General Act of 1978, and for other purposes, and ask for its immediate consideration. Madam Speaker, I ask unanimous consent that all…
Madam Speaker, pursuant to House Resolution 504, I call up the bill (H.R. 2662) to amend the Inspector General Act of 1978, and for other purposes, and ask for its immediate consideration.
Madam Speaker, I ask unanimous consent that all Members have 5 legislative days in which to revise and extend their remarks and insert extraneous materials on H.R. 2662.
Madam Speaker, I yield myself such time as I may consume.
I rise today to urge strong, bipartisan support for my bill, H.R. 2662, the IG Independence and Empowerment Act.
The work of inspectors general, who conduct independent oversight of Federal agencies, continues to be a remarkable investment for American taxpayers. For every dollar we spend on IGs, we get $17 back. And this return could be even higher if we gave IGs additional tools, which is exactly what this bill would do.
The IG Independence and Empowerment Act is a package of critical reforms to protect IGs from political retaliation and obstruction. I want to thank Leader Hoyer for his support and work on this bill, as well as all the other cosponsors of the legislation.
The IG Independence and Empowerment Act also has the support of 14 good government groups. They wrote that the reforms in this legislation ``have been crafted to address problems with inspector general independence and authority long raised by Congress, civil society, and our inspectors general. We strongly urge Congress to pass this legislation to empower our independent watchdogs to serve the public even more effectively.''
This bill would enhance the independence of IGs in several ways. Most importantly, it would protect IGs from being fired simply for doing their jobs. The bill would only allow an IG to be removed for a documented cause, based on a defined list of nonpartisan reasons, such as a knowing violation of
the law, abuse of authority, or gross mismanagement.
These removal protections come from a bill I introduced last year, after the previous administration bullied, sidelined, and retaliated against multiple IGs.
Last April and May, in six short weeks, President Trump fired or sidelined four IGs and acting IGs who were simply doing their jobs.
On April 3, intelligence community IG Michael Atkinson was fired after he provided a whistleblower complaint to Congress about President Trump's now infamous call with Ukrainian President, part of the conduct for which he was impeached by this body.
On April 7, President Trump removed Glenn Fine as Acting Defense Department IG, which blocked IG Fine from serving as chair of the Pandemic Response Accountability Committee, a committee I helped create in the CARES Act to oversee trillions of dollars in Federal spending in response to the coronavirus pandemic. IG Fine was simply doing his job.
On May 15, President Trump removed Mitch Behm as the Acting Transportation Department IG and replaced him with an agency insider. Mr. Behm was investigating Secretary of Transportation Elaine Chao at the time.
And, finally, that same day, President Trump fired State Department IG Steve Linick, who, at the time, was investigating Secretary of State Mike Pompeo for abuse of power and misuse of resources, and replaced him with a political crony.
All four of these IGs were just following the law and the facts, yet they faced blatant retaliation. This is just plain wrong.
President Trump's actions struck at the heart of why we have IGs, to provide independent oversight and a check on executive branch waste, fraud, and abuse.
No President should be allowed to retaliate against an IG for simply doing their jobs, and the IG Independence and Empowerment Act would ensure that IGs are protected from this kind of retaliation.
In a letter to congressional leadership after the IG firings by Mr. Trump, nine former IGs wrote and said: ``Forcing inspectors general to choose between doing their jobs with integrity and keeping their positions is not an acceptable model of governance and oversight. We therefore urge you to pass for-cause removal protections for all IGs.''
In addition, the IG Independence and Empowerment Act would ensure temporary, acting IGs are independent and qualified by requiring the acting IG to be the deputy IG in the same office, or another senior official from the IG community if there is no deputy. This would protect against the appointment of acting IGs with conflicts of interest or who are acting as political appointees.
The IG Independence and Empowerment Act would further bolster IG independence by requiring notification to Congress before an IG is pushed aside and placed on non-duty status so that we in Congress can support the independence of IGs.
The bill would also empower IGs by granting them the authority to subpoena nongovernment witnesses to provide testimony. In many investigations, testimony from nongovernment witnesses is essential. So providing IGs with this authority is often the only way to root out fraud or other wrongdoings.
In 2016, our former colleague, Mark Meadows, supported a similar provision and highlighted that bill's procedural safeguards, which are essentially the same in the bill we are considering today.
He stated: ``This bill provides the expanded authority that the IGs have asked for, but with safeguards in place to make sure that they protect against the possibility that an IG's investigation would interfere with an ongoing criminal investigation, or do other harm.''
The IG Independence and Empowerment Act would also close a loophole that prevents the Department of Justice IG from initiating investigations into professional misconduct by DOJ attorneys.
This bill balances enhanced authorities and independence with new accountability and transparency measures for IGs.
For example, the bill contains the bipartisan Integrity Committee Transparency Act, which would require greater transparency from the CIGIE Integrity Committee, the body Congress set up to investigate IGs.
Supporting IG independence has long been a bipartisan issue. Congress must act now to protect and empower IGs so that they can perform the duties Congress has entrusted to them without being retaliated against.
I strongly urge my colleagues to support the IG Independence and Empowerment Act and continue the bipartisan tradition of protecting and strengthening IGs.
To my Republican colleagues who may say these efforts are about attacking President Trump, I would respond with this: Joe Biden is the President now.
I am supporting good governments reforms under a Democratic administration because I believe in accountability no matter who the President is and what party they come from.
We are talking about the future. This is about safeguarding taxpayers' money and protecting the integrity of our government.
I hope my colleagues on both sides of the aisle will support these critical reforms as well.
Madam Speaker, I reserve the balance of my time.
Madam Speaker, I yield to the gentleman from Maryland (Mr. Hoyer), the distinguished majority leader of the House, an important leader on this legislation, and a steadfast leader on this and on so many issues before this body.
Madam Speaker, I yield to the gentleman from California (Mr. Gomez), the vice chair of the Committee on Oversight and Reform.
Madam Speaker, I yield 2 minutes to the gentlewoman from California (Ms. Porter), the vice chair of the Subcommittee on Government Operations of the Oversight Committee.
Madam Speaker, I thank the gentlewoman from California for her amendment, her hard work on this bill, and her leadership on the subcommittee and committee.
Madam Speaker, I yield 3 minutes to the gentleman from Virginia (Mr. Connolly), the chairman of the Subcommittee on Government Operations.
Madam Speaker, I yield the gentleman such time as he may consume.
Madam Speaker, first, I would like to recognize the hard work of the chairman of the subcommittee. He authored two proposals that were included in the bill and was a major leader on it. I thank Mr. Connolly.
Madam Speaker, I yield 2 minutes to the gentleman from Maryland (Mr. Raskin), the chairman of the Subcommittee on Civil Rights and Civil Liberties of the Oversight Committee and a member of the Select Subcommittee on the Coronavirus Crisis of the Oversight Committee.
Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I thank the gentleman, my dear friend and colleague, for having great enthusiasm for oversight and combating waste, fraud, and abuse. I would respectfully offer to him that the best way to conduct that is to give the power to the IGs to conduct legitimate investigations. What we have seen is that when there comes a legitimate investigation, they are often moved aside, fired, or retaliated against.
So, I welcome the gentleman's enthusiasm. I hope he will join with me in supporting giving the power to IGs to conduct legitimate investigations of waste, fraud, and abuse.
As I said in my opening remarks, for every dollar we spend on IGs, we get back $17, really hundreds of millions of dollars back from their oversight and work.
Madam Speaker, I want to remind the gentleman, as he knows from our hearings, there are many provisions in this bill that are bipartisan, several that Mr. Connolly just mentioned that we were working on. I look forward to working with him and passing this bill.
It should be bipartisan. Oversight and accountability should be bipartisan. I hope the gentleman joins us in voting for this important bill.
Madam Speaker, I yield 2 minutes to the gentlewoman from California (Ms. Speier), the chair of the Subcommittee on Military Personnel of the Armed Services Committee. She also serves on the Oversight and Reform Committee and is the co-chair of the Democratic Women's Caucus.
Madam Speaker, may I inquire how much time is remaining?
Madam Speaker, I thank my colleague, Jackie Speier, for her tremendous work on this bill, and one of the major provisions was a bill of hers that was incorporated into it.
I yield 2 minutes to the gentlewoman from North Carolina (Ms. Ross), a newly elected Member from the great State of North Carolina and a member of the Judiciary Committee.
Madam Speaker, I yield myself the balance of my time.
Independence is the bedrock principle of inspectors general, and this legislation would protect and enhance their critical work.
As I mentioned earlier, this legislation has the support of several nonpartisan, good government groups, including the Project on Government Oversight, the Government Accountability Project, Taxpayers for Common Sense, and many, many others. It also contains several bipartisan bills that are part of the overall inspector general reform bill. I ask that the support letters from the good government groups be included in the Record.
June 28, 2021.
Dear Representative: The undersigned organizations write to
express our support for the IG Independence and Empowerment
Act (H.R. 2662) and to urge you to vote for this critical
legislation.
Our federal inspectors general (IGs) identify and
investigate waste, fraud, and abuse within the executive
branch. The importance of their work cannot be overstated.
Executive branch officials and Members of Congress from both
sides of the aisle rely on oversight conducted by inspectors
general to inform their policy-making. These watchdogs
continually return substantial savings for taxpayers. In
fiscal year 2020 alone, inspectors general identified
potential savings of approximately $53 billion. And perhaps
most importantly, inspectors general investigate and expose
abuses of power that may infringe on constitutional rights.
If enacted, this legislation would address critical
weaknesses in laws that have limited the effectiveness and
threatened the independence of these watchdogs.
For example, most inspectors general lack the authority to
compel former agency officials, subcontractors, or
subgrantees to cooperate with IG investigations. This has
limited the ability of our watchdogs to effectively review
federal programs for waste and fraud and to investigate
federal employees accused of misconduct. The IG Independence
and Empowerment Act would address this by giving inspectors
general the authority to compel testimony from former agency
officials, subcontractors, or grantees where that testimony
would be relevant to ongoing investigations.
Another weakness is that the president can fire these
watchdogs and replace them with unqualified or conflicted
individuals, exposing the work of these offices to
unnecessary political interference. The public and Congress
depend on inspectors general to ensure our federal agencies
are functioning effectively, but these watchdogs must be
confident they will not be fired for doing that job well. As
nine former inspectors general recently wrote to Congress,
``Forcing inspectors general to choose between doing their
jobs with integrity and keeping their positions is not an
acceptable model of governance and oversight.'' The IG
Independence and Empowerment Act places reasonable limits on
when a president can remove an inspector general and who can
serve in the event of a vacancy, and will further insulate
the critical oversight offices from politics.
There are many other critical reforms in this comprehensive
legislation that have been crafted to address problems with
inspector general independence and authority long raised by
Congress, civil society, and our inspectors general. We
strongly urge Congress to pass this legislation to empower
our independent watchdogs to serve the public even more
effectively.
Sincerely,
Citizens for Responsibility and Ethics in Washington
(CREW), Common Cause, Demand Progress, Government
Accountability Project, Government Information Watch,
Mainers for Accountable Leadership, National Security
Counselors, Open The Government, Project On Government
Oversight (POGO), Protect Democracy, Public Citizen,
Stand Up America, Taxpayers for Common Sense, The
Digital Democracy Project.
The reforms we are considering today are only one part of the work Congress needs to prevent future Presidents from abusing power. I also strongly support the broad Protecting Our Democracy Act, which Chairman Schiff has spearheaded, and I look forward to that bill's consideration very soon.
I do want to say that the Select Committee on the Coronavirus Crisis, unlike the description from my good friend and colleague, has held 15 hearings of oversight. They have disclosed and recovered millions of dollars of illegal spending or corrupt spending. There is a hearing tomorrow, which will be the 16th hearing of the committee, and we welcome you to join us at that subcommittee hearing if you so wish.
The inspector general community just, in general, has been attacked in recent years. By passing this IG Independence and Empowerment Act, Congress would send a strong message in the strongest terms that no administration, regardless of President or party, can bully or retaliate or act against an IG when the IG is doing their job. They can only be removed for just cause, such as violating the law or gross mismanagement.
In passing this legislation, we will be strengthening our democracy, and we will send a strong message that Congress supports accountability and an effective government.
I urge all my colleagues to vote ``yes'' on this bill. It should be a bipartisan bill.
Madam Speaker, I yield back the balance of my time.
Madam Speaker, pursuant to House Resolution 504, I offer amendments en bloc.
Madam Speaker, the amendment offered by Congresswoman Cindy Axne would increase transparency when an inspector general is removed.
This amendment would require the President or independent agency head to provide Congress a detailed case-specific explanation when firing an
Madam Speaker, I yield 1 minute to the gentleman from Louisiana (Mr. Carter), one of the newest members of our caucus. He serves on the Committees of Transportation and Infrastructure and Small Business.
Madam Speaker, I support all of the en bloc amendments, including Mr. Carter's, and I yield back the balance of my time.
Madam Speaker, I rise in opposition to this amendment
Madam Speaker, this amendment would absolutely gut the bill. The amendment would strike the bill's key protection for inspectors general against political retaliation by eliminating the protection that would only allow an IG to be removed only for a legitimate cause. Not for political retaliation, not because a President doesn't like what they are doing or an investigation that they have started, but only for mismanagement or illegal acts for cause.
We saw last year how unlimited authority can be abused when President Trump bullied and retaliated against two IGs who were investigating his administration, including when he fired the State Department IG. These protections are constitutional.
Last month, the Independent Congressional Review Service released an analysis of congressional authority to limit the removal of IGs and concluded that for-cause removal restrictions ``appear to be a constitutionally permissible means of encouraging independence for most IGs.''
Madam Speaker, this amendment would also gut the protection in the bill against the appointment of acting IGs with a clear conflict of interest. The amendment would strike a requirement that acting IGs come from an Office of Inspector General. The Council of Inspectors General for Integrity and Efficiency requested this reform, proposed by Republican Representative Porter, as one of its top legislative priorities in order to ``enhance the independence of OIGs.''
We saw serious abuses during the last administration. In both the Department of Transportation and the Department of State, President Trump named political appointees within the agency to serve as the acting IG overseeing the same agency.
Finally, this amendment would strip from the bill an important reform that would allow IGs to issue a subpoena to require individuals outside of the Federal Government to provide testimony, if needed, for an investigation. This has long been a priority for inspectors general to allow thorough and complete investigations.
Madam Speaker, multiple IGs have reported that Trump administration officials, including Jeff Sessions, have refused to cooperate with investigations. No Federal employee should be able to simply avoid and escape accountability by leaving government and saying, ``I just no longer will testify or participate in finding the truth.''
These provisions were passed by the Committee on Oversight and Reform and the House in 2018, in a Republican-led bill, and contained carefully crafted compromises struck by Chairman Issa and Ranking Member Cummings years ago.
Madam Speaker, this legislation provides procedural safeguards to ensure that subpoena authority is not abused and it does not interfere with ongoing investigations. For example, the bill will require an inspector general to obtain the approval of a panel of three other inspectors general in order to issue a subpoena for testimony.
A few IGs, including the Department of Defense IG, already have this authority. The language I authored and that the Congress passed on a bipartisan basis, the Pandemic Response Accountability Committee was provided testimonial subpoena authority when it was created as part of the CARES Act last Congress.
There are many instances of former officials and nongovernment employees avoiding IG interviews going back over a decade. For example, IGs were unable to interview retired agents in the ``Fast and Furious'' investigation, and nongovernment witnesses to the Carter-Page FISA warrant investigation.
This has never been a partisan issue before. In fact, the underlying bill had many, many bipartisan pieces. So in a letter to the Committee on Oversight and Reform, Department of Justice Inspector General has also come out against this.
Madam Speaker, I strongly urge a ``no'' vote on this amendment, and I yield back the balance of my time.