[Congressional Record Volume 155, Number 152 (Tuesday, October 20, 2009)]
[Extensions of Remarks]
[Page E2579]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        THE INSPECTOR GENERAL AUTHORITY IMPROVEMENT ACT OF 2009

                                 ______
                                 

                         HON. JOHN CONYERS, JR.

                              of michigan

                    in the house of representatives

                       Tuesday, October 20, 2009

  Mr. CONYERS. Madam Speaker, I am pleased to introduce the ``Inspector 
General Authority Improvement Act of 2009.''
  This Act will provide the Inspector Generals of the various agencies 
the authority to issue subpoenas for the testimony of former employees 
or contractors as part of certain investigations of wrongdoing. Under 
current law, a critical witness can evade being interviewed by an 
Inspector General, and thus seriously impede an investigation, by 
simply resigning from the agency.
  In January of this year, I released a report documenting several 
abuses and excesses of the Bush Administration. The Report, titled 
``Reining in theImperial Presidency: Lessons and Recommendations 
Relating to the presidency of George W. Bush,'' contained 50 separate 
recommendations designed to restore and support the traditional checks 
and balances of our constitutional system. This bill responds to one of 
those recommendations.
  As the Report details, that ability of Inspector Generals to 
investigate serious allegations of wrongdoing was significantly impeded 
during the prior Administration because critical witnesses could not be 
interviewed if they simply resigned during the investigation or had 
already left the agency. As a practical matter, the witnesses were 
beyond the reach of the Inspector General, and their knowledge of 
potential wrongdoing went with them.
  For example, in the investigation of potential misconduct by Monica 
Goodling, the Department of Justice Inspector General was unable to 
obtain witness statements from those who had resigned and thus were no 
longer available. Similarly, the Department of Homeland Security 
Inspector General was limited in his ability to conduct a complete 
investigation into the circumstances surrounding the rendition of 
Canadian citizen Mohammed Arar to Syria. His Report stated bluntly: 
``Many of the principal decision-makers involved in the Arar case have 
left government service and declined our requests for interviews. As 
they are no longer DHS employees, we cannot compel them to speak with 
us.''
  It is important to note that this bill contains important limitations 
on the Inspector Generals' subpoena power in order to prevent abuse or 
damage to ongoing investigations. Most prominently, an Inspector 
General cannot issue a subpoena if the Department of Justice concludes 
in a particular case that the taking of a deposition would interfere 
with civil or criminal litigation.
  I believe that with this limitation, this legislation strikes an 
appropriate balance between the need for an independent Inspector 
General to investigate administrative wrongdoing and the responsibility 
of the Attorney General to enforce our criminal laws and protect the 
civil interests of the United States Government.
  This legislation will go a long way in fostering transparency in 
government by improving the Inspector Generals' tools and permit them 
to effectively carry out their mission. Such vigorous oversight is a 
matter of good government, regardless of whether we have a Democratic 
or Republican Administration.

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