[Congressional Record Volume 167, Number 113 (Tuesday, June 29, 2021)]
[House]
[Pages H3276-H3290]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
IG INDEPENDENCE AND EMPOWERMENT ACT
Mrs. CAROLYN B. MALONEY of New York. 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.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 504, the
amendment in the nature of a substitute recommended by the Committee on
Oversight and Reform, printed in the bill, is adopted, and the bill, as
amended, is considered read.
The text of the bill, as amended, is as follows:
H.R. 2662
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``IG
Independence and Empowerment Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--INSPECTOR GENERAL INDEPENDENCE
Sec. 101. Short title.
Sec. 102. Amendment.
TITLE II--CONGRESSIONAL NOTIFICATION OF CHANGE IN STATUS OF INSPECTOR
GENERAL
Sec. 201. Short title.
Sec. 202. Change in status of Inspector General offices.
Sec. 203. Presidential explanation of failure to nominate an Inspector
General.
TITLE III--VACANCY OF INSPECTOR GENERAL POSITIONS
Sec. 301. Vacancy of Inspector General positions.
TITLE IV--COUNCIL OF INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY
TRANSPARENCY
Sec. 401. Short title.
Sec. 402. Additional information to be included in requests and reports
to Congress.
Sec. 403. Availability of information to members of Congress regarding
certain allegations of wrongdoing closed without
referral.
Sec. 404. Semiannual report.
Sec. 405. Additional reports; rules of construction.
Sec. 406. Membership of Integrity Committee.
Sec. 407. Requirement to refer allegations of wrongdoing against
Inspector General to Integrity Committee.
Sec. 408. Requirement to report final disposition to Congress.
TITLE V--ADDITIONAL AUTHORITY PROVISIONS FOR INSPECTORS GENERAL
Sec. 501. Short title.
Sec. 502. Additional authority provisions for Inspectors General.
TITLE VI--INVESTIGATIONS OF DEPARTMENT OF JUSTICE PERSONNEL
Sec. 601. Short title.
Sec. 602. Investigations of Department of Justice personnel.
TITLE VII--OFFICE OF INSPECTOR GENERAL WHISTLEBLOWER COMPLAINTS
Sec. 701. Short title.
Sec. 702. Office of Inspector General whistleblower complaints.
TITLE VIII--NOTICE OF ONGOING INVESTIGATIONS WHEN THERE IS A CHANGE IN
STATUS OF INSPECTOR GENERAL
Sec. 801. Notice of ongoing investigations when there is a change in
status of Inspector General.
TITLE IX--COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY
APPROPRIATION
Sec. 901. CIGIE appropriation.
TITLE X--NOTICE OF REFUSAL TO PROVIDE INSPECTORS GENERAL ACCESS
Sec. 1001. Notice of refusal to provide information or assistance to
Inspectors General.
TITLE XI--ENHANCEMENTS TO INSPECTOR GENERAL TRAINING
Sec. 1101. Short title.
Sec. 1102. Enhancements to Inspector General Training.
TITLE XII--BUDGETARY EFFECTS
Sec. 1201. Determination of budgetary effects.
TITLE XIII--SEVERABILITY
Sec. 1301. Severability.
TITLE I--INSPECTOR GENERAL INDEPENDENCE
SEC. 101. SHORT TITLE.
This title may be cited as the ``Inspector General
Independence Act''.
SEC. 102. AMENDMENT.
The Inspector General Act of 1978 (5 U.S.C. App.) is
amended--
(1) in section 3(b)--
(A) by striking ``An Inspector General'' and inserting:
``(1) An Inspector General'';
(B) by inserting after ``by the President'' the following:
``in accordance with paragraph (2)''; and
(C) by inserting at the end the following new paragraph:
``(2) The President may remove an Inspector General only
for any of the following grounds (and the documentation of
any such ground shall be included in the communication
required pursuant to paragraph (1)):
``(A) Documented permanent incapacity.
``(B) Documented neglect of duty.
``(C) Documented malfeasance.
``(D) Documented conviction of a felony or conduct
involving moral turpitude.
``(E) Documented knowing violation of a law or regulation.
``(F) Documented gross mismanagement.
``(G) Documented gross waste of funds.
``(H) Documented abuse of authority.
``(I) Documented inefficiency.''; and
(2) in section 8G(e)(2), by adding at the end the
following: ``An Inspector General may be removed only for any
of the following grounds (and the documentation of any such
ground shall be included in the communication required
pursuant to this paragraph):
``(A) Documented permanent incapacity.
``(B) Documented neglect of duty.
``(C) Documented malfeasance.
``(D) Documented conviction of a felony or conduct
involving moral turpitude.
``(E) Documented knowing violation of a law or regulation.
``(F) Documented gross mismanagement.
``(G) Documented gross waste of funds.
``(H) Documented abuse of authority.
``(I) Documented inefficiency.''.
TITLE II--CONGRESSIONAL NOTIFICATION OF CHANGE IN STATUS OF INSPECTOR
GENERAL
SEC. 201. SHORT TITLE.
This title may be cited as the ``Inspector General
Protection Act''.
SEC. 202. CHANGE IN STATUS OF INSPECTOR GENERAL OFFICES.
(a) Change in Status of Inspector General of Offices.--
Paragraph (1) of section 3(b) of
[[Page H3277]]
the Inspector General Act of 1978 (5 U.S.C. App.) is
amended--
(1) by inserting ``, is placed on paid or unpaid non-duty
status,'' after ``is removed from office'';
(2) by inserting ``, change in status,'' after ``any such
removal''; and
(3) by inserting ``, change in status,'' after ``before the
removal''.
(b) Change in Status of Inspector General of Designated
Federal Entities.--Section 8G(e)(2) of the Inspector General
Act of 1978 (5 U.S.C. App.) is amended--
(1) by inserting ``, is placed on paid or unpaid non-duty
status,'' after ``office'';
(2) by inserting ``, change in status,'' after ``any such
removal''; and
(3) by inserting ``, change in status,'' after ``before the
removal''.
(c) Effective Date.--The amendments made by this section
shall take effect 30 days after the date of the enactment of
this Act.
SEC. 203. PRESIDENTIAL EXPLANATION OF FAILURE TO NOMINATE AN
INSPECTOR GENERAL.
(a) In General.--Subchapter III of chapter 33 of title 5,
United States Code, is amended by inserting after section
3349d the following new section:
``Sec. 3349e. Presidential explanation of failure to nominate
an Inspector General
``If the President fails to make a formal nomination for a
vacant Inspector General position that requires a formal
nomination by the President to be filled within the period
beginning on the date on which the vacancy occurred and
ending on the day that is 210 days after that date, the
President shall communicate, within 30 days after the end of
such period, to Congress in writing--
``(1) the reasons why the President has not yet made a
formal nomination; and
``(2) a target date for making a formal nomination.''.
(b) Clerical Amendment.--The table of sections for chapter
33 of title 5, United States Code, is amended by inserting
after the item relating to section 3349d the following new
item:
``3349e. Presidential explanation of failure to nominate an Inspector
General.''.
(c) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act
and shall apply to any vacancy first occurring on or after
that date.
TITLE III--VACANCY OF INSPECTOR GENERAL POSITIONS
SEC. 301. VACANCY OF INSPECTOR GENERAL POSITIONS.
(a) In General.--Section 3345 of title 5, United States
Code, is amended by adding at the end the following:
``(d)(1) Notwithstanding subsection (a), if an Inspector
General position that requires appointment by the President
by and with the advice and consent of the Senate to be filled
is vacant, the first assistant of such position shall perform
the functions and duties of the Inspector General temporarily
in an acting capacity subject to the time limitations of
section 3346.
``(2) Notwithstanding subsection (a), if for purposes of
carrying out paragraph (1) of this subsection, by reason of
absence, disability, or vacancy, the first assistant to the
position of Inspector General is not available to perform the
functions and duties of the Inspector General, an acting
Inspector General shall be appointed by the President from
among individuals serving in an office of any Inspector
General, provided that--
``(A) during the 365-day period preceding the date of
death, resignation, or beginning of inability to serve of the
applicable Inspector General, the individual served in a
position in an office of any Inspector General for not less
than 90 days; and
``(B) the rate of pay for the position of such individual
is equal to or greater than the minimum rate of pay payable
for a position at GS-15 of the General Schedule.''.
(b) Application.--The amendment made by subsection (a)
shall apply to any vacancy first occurring with respect to an
Inspector General position on or after the date of enactment
of this Act.
TITLE IV--COUNCIL OF INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY
TRANSPARENCY
SEC. 401. SHORT TITLE.
This title may be cited as the ``Integrity Committee
Transparency Act of 2021''.
SEC. 402. ADDITIONAL INFORMATION TO BE INCLUDED IN REQUESTS
AND REPORTS TO CONGRESS.
Section 11(d) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(1) in paragraph (5)(B)(ii), by striking the period at the
end and inserting ``, the length of time the Integrity
Committee has been evaluating the allegation of wrongdoing,
and a description of any previous written notice provided
under this clause with respect to the allegation of
wrongdoing, including the description provided for why
additional time was needed.''; and
(2) in paragraph (8)(A)(ii), by inserting ``or corrective
action'' after ``disciplinary action''.
SEC. 403. AVAILABILITY OF INFORMATION TO MEMBERS OF CONGRESS
REGARDING CERTAIN ALLEGATIONS OF WRONGDOING
CLOSED WITHOUT REFERRAL.
Section 11(d)(5)(B) of the Inspector General Act of 1978 (5
U.S.C. App) is amended by adding at the end the following:
``(iii) Availability of information to members of
congress.--
``(I) In general.--With respect to an allegation of
wrongdoing made by a member of Congress that is closed by the
Integrity Committee without referral to the Chairperson of
the Integrity Committee to initiate an investigation, the
Chairperson of the Integrity Committee shall, not later than
60 days after closing such allegation, provide a written
description of the nature of the allegation of wrongdoing and
how the Integrity Committee evaluated the allegation of
wrongdoing to--
``(aa) the Chair and Ranking Member of the Committee on
Oversight and Reform of the House of Representatives;
``(bb) the Chair and Ranking Member of the Committee on
Homeland Security and Governmental Affairs of the Senate;
``(cc) a member of the House of Representatives who has the
support of any seven members of the Committee on Oversight
and Reform of the House of Representatives; or
``(dd) a member of the Senate who has the support of any
five members of the Committee on Homeland Security and
Governmental Affairs of the Senate.
``(II) Requirement to forward.--The Chairperson of the
Integrity Committee shall forward any written description or
update provided under this clause to the members of the
Integrity Committee and to the Chairperson of the Council.''.
SEC. 404. SEMIANNUAL REPORT.
Section 11(d)(9) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended to read as follows:
``(9) Semiannual report.--On or before May 31, 2022, and
every six months thereafter, the Council shall submit to
Congress and the President a report on the activities of the
Integrity Committee during the immediately preceding six-
month periods ending March 31 and September 30, which shall
include the following with respect to allegations of
wrongdoing that are made against Inspectors General and staff
members of the various Offices of Inspector General described
under paragraph (4)(C):
``(A) An overview and analysis of the allegations of
wrongdoing disposed of by the Integrity Committee,
including--
``(i) analysis of the positions held by individuals against
whom allegations were made, including the duties affiliated
with such positions;
``(ii) analysis of the categories or types of the
allegations of wrongdoing; and
``(iii) a summary of disposition of all the allegations.
``(B) The number of allegations referred to the Department
of Justice or the Office of Special Counsel, including the
number of allegations referred for criminal investigation.
``(C) The number of allegations referred to the Chairperson
of the Integrity Committee for investigation, a general
description of the status of such investigations, and a
summary of the findings of investigations completed.
``(D) An overview and analysis of allegations of wrongdoing
received by the Integrity Committee during any previous
reporting period, but remained pending during some part of
the six months covered by the report, including--
``(i) analysis of the positions held by individuals against
whom allegations were made, including the duties affiliated
with such positions;
``(ii) analysis of the categories or types of the
allegations of wrongdoing; and
``(iii) a summary of disposition of all the allegations.
``(E) The number and category or type of pending
investigations.
``(F) For each allegation received--
``(i) the date on which the investigation was opened;
``(ii) the date on which the allegation was disposed of, as
applicable; and
``(iii) the case number associated with the allegation.
``(G) The nature and number of allegations to the Integrity
Committee closed without referral, including the
justification for why each allegation was closed without
referral.
``(H) A brief description of any difficulty encountered by
the Integrity Committee when receiving, evaluating,
investigating, or referring for investigation an allegation
received by the Integrity Committee, including a brief
description of--
``(i) any attempt to prevent or hinder an investigation; or
``(ii) concerns about the integrity or operations at an
Office of Inspector General.''.
SEC. 405. ADDITIONAL REPORTS; RULES OF CONSTRUCTION.
Section 11(d) of the Inspector General Act of 1978 (5
U.S.C. App) is amended by adding at the end the following:
``(14) Additional reports.--
``(A) Report to inspector general.--The Chairperson of the
Integrity Committee shall submit a report immediately
whenever the Chairperson of the Integrity Committee becomes
aware of particularly serious or flagrant problems, abuses,
or deficiencies relating to the administration of programs
and operations of an Office of Inspector General. The report
shall be sent to the Inspector General who leads the Office
of Inspector General at which the serious or flagrant
problems, abuses, or deficiencies were alleged.
``(B) Report to congress.--The Inspector General of the
Office identified by the Integrity Committee shall submit any
such report to the House Committee on Oversight and Reform
and the Senate Committee on Homeland Security and
Governmental Affairs within seven calendar days from the time
the Inspector General receives the report together with a
report by the Inspector General at the Office identified by
the Integrity Committee containing any comments such
Inspector General deems appropriate.
``(15) Rule of construction.--
``(A) Public disclosure of information.--Except as provided
in subparagraph (B), nothing in this subsection shall be
construed to authorize the public disclosure of information
which is--
``(i) prohibited from disclosure by any other provision of
law;
[[Page H3278]]
``(ii) required by Executive order to be protected from
disclosure in the interest of national defense or national
security or in the conduct of foreign affairs; or
``(iii) a part of an ongoing criminal investigation.
``(B) Provision of report to requesting members of
congress.--Subject to any other provision of law that would
otherwise prohibit disclosure of such information, the
information described in subparagraph (A) may be provided to
any Member of Congress upon request of the Member.
``(16) Prohibited disclosures.--The Integrity Committee may
not provide or otherwise disclose to Congress or the public
any information that reveals the personally identifiable
information of an individual who alleges wrongdoing to the
Integrity Committee under this subsection unless the
Integrity Committee first obtains the consent of the
individual.''.
SEC. 406. MEMBERSHIP OF INTEGRITY COMMITTEE.
Section 11(d)(2) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(1) in subparagraph (A), by adding at the end the
following:
``(iv) The individual appointed under subparagraph (C).'';
and
(2) by adding at the end the following:
``(C) Appointment of former inspector general to
committee.--
``(i) Appointment.--The Chairperson of the Council shall
appoint an individual who prior to the date of such
appointment served as an Inspector General (as that position
is described in section 3(a) and section 8G(a)(6)), and who
has upheld the highest standards of integrity and
professionalism while serving and since leaving service as an
Inspector General, as determined by the Chairperson, to serve
as a member of the Committee unless no such individual is
available or willing to serve as a member of the Committee at
the time of the appointment.
``(ii) Initial term.--The individual appointed under clause
(i) shall serve at the pleasure of the Chairperson of the
Council for a 2-year term.
``(iii) Additional term.--The Chairperson of the Council
may reappoint the individual appointed under clause (i) to
serve at the pleasure of the Chairperson of the Council for
an additional term not to exceed 2 years.
``(iv) Compensation.--
``(I) Special government employee designation.--The
individual appointed under clause (i) shall be considered a
special government employee pursuant to section 202(a) of
title 18, United States Code.
``(II) Compensation and travel expenses.--An individual
appointed under clause (i) may not receive compensation at a
rate in excess of the rate of basic pay for level IV of the
executive schedule under section 5315 of title 5, United
States Code, and any such individual, while engaged in the
performance of their duties away from their homes or regular
places of business, may be allowed travel expenses, including
per diem in lieu of subsistence, as authorized by section
5703 of such title for persons employed intermittently in the
Government service.
``(III) Acceptance of volunteer services.--The Chairperson
of the Council may accept volunteer services from the
individual appointed under this subparagraph without regard
to section 1342 of title 31, United States Code.
``(IV) Provisions relating to reemployment.--
``(aa) The Chairperson of the Council may reemploy
annuitants.
``(bb) The employment of annuitants under this paragraph
shall be subject to the provisions of section 9902(g) of
title 5, United States Code, as if the Council was the
Department of Defense.''.
SEC. 407. REQUIREMENT TO REFER ALLEGATIONS OF WRONGDOING
AGAINST INSPECTOR GENERAL TO INTEGRITY
COMMITTEE.
(a) Requirement.--Section 11(d)(4) of the Inspector General
Act of 1978 (5 U.S.C. App.) is amended--
(1) in subparagraph (A), in the heading, by striking
``Requirement'' and inserting ``Allegations against staff
members'';
(2) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(3) by inserting after subparagraph (A) the following:
``(B) Allegations against inspectors general.--An Inspector
General shall refer to the Integrity Committee any allegation
of wrongdoing against that Inspector General.''.
(b) Technical and Conforming Amendment.--Section 11(d)(1)
of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended by striking ``(4)(C)'' and inserting ``(4)(D)''.
SEC. 408. REQUIREMENT TO REPORT FINAL DISPOSITION TO
CONGRESS.
Section 11(d)(8) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(1) in subparagraph (A)(iii), by inserting
``contemporaneously with the submission of the report under
clause (ii),'' before ``submit''; and
(2) in subparagraph (B), by inserting ``, the Committee on
Homeland Security and Governmental Affairs of the Senate, the
Committee on Oversight and Reform of the House of
Representatives, and other congressional committees of
jurisdiction,'' after ``Integrity Committee''.
TITLE V--ADDITIONAL AUTHORITY PROVISIONS FOR INSPECTORS GENERAL
SEC. 501. SHORT TITLE.
This title may be cited as the ``IG Subpoena Authority
Act''.
SEC. 502. ADDITIONAL AUTHORITY PROVISIONS FOR INSPECTORS
GENERAL.
The Inspector General Act of 1978 (5 U.S.C. App.) is
amended--
(1) by inserting after section 6 the following new section:
``SEC. 6A. ADDITIONAL AUTHORITY.
``(a) Testimonial Subpoena Authority.--In addition to the
authority otherwise provided by this Act and in accordance
with the requirements of this section, each Inspector
General, in carrying out the provisions of this Act (or in
the case of an Inspector General or Special Inspector General
not established under this Act, the provisions of the
authorizing statute), is authorized to require by subpoena
the attendance and testimony of witnesses as necessary in the
performance of the functions assigned to the Inspector
General by this Act (or in the case of an Inspector General
or Special Inspector General not established under this Act,
the functions assigned by the authorizing statute), which in
the case of contumacy or refusal to obey, such subpoena shall
be enforceable by order of any appropriate United States
district court. An Inspector General may not require by
subpoena the attendance and testimony of any Federal employee
or employee of a designated Federal entity, but may use other
authorized procedures.
``(b) Limitation of Delegation.--The authority to issue a
subpoena under subsection (a) may only be delegated to an
official performing the functions and duties of the Inspector
General when an Inspector General position is vacant or when
the Inspector General is unable to perform the functions and
duties of the Office.
``(c) Panel Review Before Issuance.--
``(1) Approval required.--
``(A) Request for approval by subpoena panel.--Before the
issuance of a subpoena described in subsection (a), an
Inspector General shall submit a request for approval to
issue a subpoena to a panel (in this section, referred to as
the `Subpoena Panel'), which shall be comprised of three
Inspectors General of the Council of the Inspectors General
on Integrity and Efficiency, who shall be designated by the
Inspector General serving as Chairperson of the Council.
``(B) Protection from disclosure.--The information
contained in the request submitted by an Inspector General
under subparagraph (A) and the identification of a witness
shall be protected from disclosure to the extent permitted by
law. Any request for disclosure of such information shall be
submitted to the Inspector General requesting the subpoena.
``(2) Time to respond.--
``(A) In general.--Except as provided in subparagraph (B),
the Subpoena Panel shall approve or deny a request for
approval to issue a subpoena not later than 10 calendar days
after the submission of such request.
``(B) Additional information for panel.--If the Subpoena
Panel determines that additional information is necessary to
approve or deny a request submitted by an Inspector General
under paragraph (1)(A), the Subpoena Panel shall request such
information from the Inspector General and shall approve or
deny the request submitted by the Inspector General under
paragraph (1)(A) not later than 20 calendar days after the
submission of the request under such paragraph.
``(3) Denial by panel.--If a majority of the Subpoena Panel
denies the approval of a subpoena, that subpoena may not be
issued.
``(d) Notice to Attorney General.--
``(1) In general.--If the Subpoena Panel approves a
subpoena under subsection (c), the Inspector General shall
notify the Attorney General that the Inspector General
intends to issue the subpoena.
``(2) Denial for interference with an ongoing
investigation.--Not later than 10 calendar days after the
date on which the Attorney General is notified pursuant to
paragraph (1), the Attorney General may object to the
issuance of the subpoena because the subpoena will interfere
with an ongoing investigation and the subpoena may not be
issued.
``(3) Issuance of subpoena approved.--If the Attorney
General declines to object or fails to object to the issuance
of the subpoena during the 10-day period described in
paragraph (2), the Inspector General may issue the subpoena.
``(e) Guidelines.--The Chairperson of the Council of the
Inspectors General on Integrity and Efficiency, in
consultation with the Attorney General, shall prescribe
guidelines to carry out this section.
``(f) Inspector General Defined.--For purposes of this
section, the term `Inspector General' includes each Inspector
General established under this Act and each Inspector General
or Special Inspector General not established under this Act.
``(g) Applicability.--The provisions of this section shall
not affect the exercise of authority by an Inspector General
of testimonial subpoena authority established under another
provision of law.'';
(2) in section 5(a)--
(A) in paragraph (21)(B), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (22), by striking the period at the end
and inserting ``; and''; and
(C) by inserting at the end the following new paragraph:
``(23) a description of the use of subpoenas for the
attendance and testimony of witnesses authorized under
section 6A.''; and
(3) in section 8G(g)(1), by inserting ``6A,'' before ``and
7''.
TITLE VI--INVESTIGATIONS OF DEPARTMENT OF JUSTICE PERSONNEL
SEC. 601. SHORT TITLE.
This title may be cited as the ``Inspector General Access
Act''.
SEC. 602. INVESTIGATIONS OF DEPARTMENT OF JUSTICE PERSONNEL.
Section 8E of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended--
[[Page H3279]]
(1) in subsection (b)--
(A) in paragraph (2), by striking ``and paragraph (3)'';
(B) by striking paragraph (3);
(C) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively; and
(D) in paragraph (4), as redesignated, by striking
``paragraph (4)'' and inserting ``paragraph (3)''; and
(2) in subsection (d), by striking ``, except with respect
to allegations described in subsection (b)(3),''.
TITLE VII--OFFICE OF INSPECTOR GENERAL WHISTLEBLOWER COMPLAINTS
SEC. 701. SHORT TITLE.
This title may be cited as the ``Enhanced Whistleblower
Engagement Act''.
SEC. 702. OFFICE OF INSPECTOR GENERAL WHISTLEBLOWER
COMPLAINTS.
(a) Whistleblower Protection Coordinator.--Section
3(d)(1)(C) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended--
(1) in clause (i), in the matter preceding subclause (I),
by inserting ``, including employees of that Office of
Inspector General'' after ``employees''; and
(2) in clause (iii), by inserting ``(including the
Integrity Committee of that Council)'' after ``and
Efficiency''.
(b) Council of the Inspectors General on Integrity and
Efficiency.--Section 11(c)(5)(B) of the Inspector General Act
of 1978 (5 U.S.C. App.) is amended by striking ``,
allegations of reprisal,'' and inserting the following: ``and
allegations of reprisal (including the timely and appropriate
handling and consideration of protected disclosures and
allegations of reprisal that are internal to an Office of
Inspector General)''.
TITLE VIII--NOTICE OF ONGOING INVESTIGATIONS WHEN THERE IS A CHANGE IN
STATUS OF INSPECTOR GENERAL
SEC. 801. NOTICE OF ONGOING INVESTIGATIONS WHEN THERE IS A
CHANGE IN STATUS OF INSPECTOR GENERAL.
(a) Change in Status of Inspector General of
Establishment.--Section 3 of the Inspector General Act of
1978 (5 U.S.C. App.) is amended by inserting at the end the
following:
``(h) Not later than 15 days after an Inspector General is
removed, placed on paid or unpaid non-duty status, or
transferred to another position or location within an
establishment, the acting Inspector General shall submit to
the Committee on Oversight and Reform of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate, a list of all audits and
investigations being conducted, supervised, coordinated by
the Office at the time the Inspector General was removed,
placed on paid or unpaid non-duty status, or transferred.''.
(b) Change in Status of Inspector General of Designated
Federal Entity.--Section 8G(e) of the Inspector General Act
of 1978 (5 U.S.C. App.) is amended by inserting at the end
the following:
``(3) Not later than 15 days after an Inspector General is
removed, placed on paid or unpaid non-duty status, or
transferred to another position or location within an
designated Federal entity, the acting Inspector General shall
submit to the Committee on Oversight and Reform of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate, a list of all audits and
investigations being conducted, supervised, coordinated by
the Office at the time the Inspector General was removed,
placed on paid or unpaid non-duty status, or transferred.''.
TITLE IX--COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY
APPROPRIATION
SEC. 901. CIGIE APPROPRIATION.
(a) Availability of Appropriated Funds.--Section 11(c)(3)
of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended by adding at the end the following:
``(D) Authorization of appropriations.--In addition to any
funds available in the Inspectors General Council Fund
established under subparagraph (B), there are authorized to
be appropriated such sums as may be necessary, to remain
available until expended, to carry out the functions and
duties of the Council under this subsection.''.
(b) Removing Council Funding From Individual Inspector
General Budget Requests.--Section 6(g) of the Inspector
General Act of 1978 is amended--
(1) in paragraph (1), by striking ``, and any resources
necessary to support the Council of the Inspectors General on
Integrity and Efficiency. Resources necessary to support the
Council of the Inspectors General on Integrity and Efficiency
shall be specifically identified and justified in the budget
request''; and
(2) in paragraph (2)--
(A) in subparagraph (B), by adding ``and'' after the
semicolon;
(B) by striking subparagraph (C); and
(C) by redesignating subparagraph (D) as subparagraph (C).
(c) Effective Date.--The amendments made by subsection (b)
shall take effect on the date that is 30 days after the date
of receipt by the Council of the Inspectors General on
Integrity and Efficiency of an appropriation for the Council
to carry out the functions and duties of the Council under
section 11 of the Inspector General Act (5 U.S.C. App. 11),
as amended under this section.
TITLE X--NOTICE OF REFUSAL TO PROVIDE INSPECTORS GENERAL ACCESS
SEC. 1001. NOTICE OF REFUSAL TO PROVIDE INFORMATION OR
ASSISTANCE TO INSPECTORS GENERAL.
Section 6(c) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended by adding at the end the following:
``(3) If the information or assistance that is the subject
of a report under paragraph (2) is not provided to the
Inspector General by the date that is 30 days after the
report is made, the Inspector General shall submit a notice
that the information or assistance requested is being
unreasonably refused or not provided by the head of the
establishment involved or the head of the Federal agency
involved, as applicable, to--
``(A) the Committee in the House of Representatives and the
Committee in the Senate that has jurisdiction over the
establishment involved or the Federal agency involved, as
applicable;
``(B) the Committee on Oversight and Reform of the House of
Representatives; and
``(C) the Committee on Homeland Security and Governmental
Affairs of the Senate.''.
TITLE XI--ENHANCEMENTS TO INSPECTOR GENERAL TRAINING
SEC. 1101. SHORT TITLE.
This title may be cited as the ``Inspector General Training
Enhancement Act''.
SEC. 1102. ENHANCEMENTS TO INSPECTOR GENERAL TRAINING.
Section 11(c)(1)(E) of the Inspector General Act of 1978
(5 U.S.C. App.) is amended by inserting ``and establish
minimum standards and best practices for training to ensure
all Inspectors General receive training to carry out the
duties, responsibilities, and authorities under this Act and
on emerging areas of the law of relevance to Inspectors
General and the work of their offices as identified by the
Council'' after ``Inspector General''.
TITLE XII--BUDGETARY EFFECTS
SEC. 1201. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
TITLE XIII--SEVERABILITY
SEC. 1301. SEVERABILITY.
If any provision of this Act (or the application of that
provision to particular persons or circumstances) is held
invalid or found to be unconstitutional the remainder of this
Act (or the application of that provision to other persons or
circumstances) shall not be affected.
The SPEAKER pro tempore. The bill, as amended, shall be debatable for
1 hour equally divided and controlled by the chair and ranking minority
member of the Committee on Oversight and Reform or their respective
designees.
The gentlewoman from New York (Mrs. Carolyn B. Maloney) and the
gentleman from Kentucky (Mr. Comer) each will control 30 minutes.
The Chair recognizes the gentlewoman from New York.
General Leave
Mrs. CAROLYN B. MALONEY of New York. 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.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from New York?
There was no objection.
Mrs. CAROLYN B. MALONEY of New York. 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
[[Page H3280]]
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.''
{time} 1645
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.
Mr. COMER. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, through their work, inspectors general help improve
government efficiency and effectiveness. Their nonpartisan audits and
investigations work to root out waste, fraud, abuse, and mismanagement
in all Federal agencies. In fact, the Committee on Oversight and Reform
and IGs have this common mission, but IGs occupy a unique spot within
the Federal Government. They have a responsibility to their respective
agency and to Congress through the notice requirements.
When the political parties of the executive branch and Congress are
different, political fights can understandably erupt. Unfortunately,
this has recently led to a politicization of IG investigations.
That takes us to today's bill. Many provisions in this bill are a
step in the right direction to empower IGs to conduct robust oversight.
However, I remain concerned about some of the provisions in this bill.
Title I in this bill would unnecessarily constrain the President's
ability to remove an IG, shifting the delicate balance between the
executive branch and Congress. Maintaining the current balance would
enable Congress to use its own oversight authority if it believes there
is wrongdoing by the President or an agency head in the removal of an
IG.
Next, in title III, the majority has proposed to dramatically limit
who can be appointed as an acting inspector general if the IG has
voluntarily left office or been removed. In doing so, this hinders the
President's ability to appoint an IG with whom they have confidence.
While there are legitimate concerns about IGs serving at multiple
agencies, this provision goes too far in limiting the President's
authority over a subset of executive branch employees.
Finally, I have serious concerns with title V, the provision
authorizing an inspector general to issue testimonial subpoena
authorities to compel testimony from former Federal employees.
While it may be helpful for IGs to investigate certain allegations of
misconduct, it also provides IGs with a tool that can be easily abused
for political purposes. For example, this authority would enable new
Biden-appointed inspectors general to subpoena former Trump
administration officials under the guise of any investigation,
regardless of the real purpose for the investigation.
Finally, this provision does not provide the necessary protections
for former Federal employees who may be subjected to the legal fees of
dealing with a subpoena, instead forcing them to pay for counsel to
defend against and respond to these subpoenas. Without meaningful
protections to ensure that testimonial subpoena authority would not be
used to seek out political retribution, I cannot support this
provision.
Rooting out waste, fraud, abuse, mismanagement, and misconduct is one
of
[[Page H3281]]
the most important jobs of this committee, and inspectors general serve
on the front lines with us in this mission. We must ensure that all of
our inspectors general have the tools they need to conduct robust
oversight of their respective agencies.
That is why committee Republicans offered multiple amendments at the
markup to address these concerns but still empower our IGs. We again
offered compromise amendments at the Rules Committee yesterday, but my
Democrat colleagues have only allowed one of these amendments to be
made in order.
I am hopeful that Democrats will take the opportunity to pass a major
bipartisan bill by adopting this amendment. If they choose to continue
down their partisan path, I hope my Democrat colleagues can stop the
repeated attacks on the Trump administration.
Instead, we should focus on ensuring our inspectors general are
focused on and equipped to conduct robust oversight over agency
operations and spending.
Madam Chair, I reserve the balance of my time.
Mrs. CAROLYN B. MALONEY of New York. 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.
Mr. HOYER. Madam Speaker, I appreciate Chairwoman Maloney's
leadership on this issue and so many other issues to protect the
citizens, protect consumers, protect voters, and protect, frankly,
those who stand up and say there is wrongdoing.
I heard the remarks of the ranking member, and I appreciate his
thoughtfulness. But as I was listening to him, I am thinking: How do
you make sure that somebody is not cowed by a President, any President,
who is prepared to take adverse action without cause against somebody
because he or she does not like the investigation they are undertaking?
As the gentleman may know, and as my colleagues may know, I urged a
rule that we adopted in this House which said that it is a violation of
our rules to out a whistleblower. We have put whistleblower protections
in, but unfortunately, when we had whistleblowers come forward most
recently, they were attacked and attempted to be outed, which would
have subjected them, obviously, to the adverse consequences against
which we tried to protect them in the legislation that we passed on
whistleblowing. So, I see some analogy between these two.
I thank Vice Chairman Gomez, Chairman Connolly, Chairman Lynch, and
Representatives Porter and Lieu for working on this legislation and
supporting this legislation. I was proud to introduce it with the chair
of the committee and proud to support it.
Madam Speaker, Americans deserve the highest standards of ethics,
transparency, and accountability from their government. Federal
agencies and officials work for the people, and they must be
accountable to the people. That is why the previous administration's
assault on the independence of inspectors general was so alarming.
This is not an attack on a specific administration. As the
gentlewoman and chair of the committee has pointed out, we have a
Democratic President now, so this is going to bind him. It is not going
to bind his predecessors. If anything, it is certainly not anti-Biden,
but it is to say: President Biden, we respect you, but we want to have
inspectors general who have the confidence they can move ahead without
fear of retribution.
Former President Trump removed or replaced, as has been pointed out,
the inspectors general from the Departments of Defense, State, Health
and Human Services, and Transportation. What kind of a check and
balance is that, if a President can simply say, ``I don't like what you
are doing. I am removing you''? I would suggest none, with all due
respect to my friend.
These watchdogs must be able to act independently and be free from
political pressure or threats to their careers. It seems to me that is
a very commonsense, rational judgment to make. That is what this is
about.
We introduced our bill to address the challenge exposed by the
actions of the prior administration, that is true. But that has not
been the only administration that has acted to undermine inspectors
general.
I urge all of my colleagues to join us in supporting this legislation
today. It will build on the provisions that I pushed to include in the
House Rules Committee, as I pointed out in January, which protects
Federal whistleblowers by making it a violation of House rules for
Members to reveal their identities.
Those who come forward to reveal misconduct or violations of the
public trust need to be heard and must be protected from threats of
retaliation. If that is not the case, it will undermine the very
objective that we seek in creating IGs. They need to know that they can
go to inspectors general or to Congress under strong whistleblower
protections.
House Democrats, and I hope House Republicans, will renew the faith
in government and ensure that it works for the people. We are
determined to protect and strengthen government accountability.
I hope all of us, in a bipartisan way, will repair this very critical
principle of accountability for the people of this country.
Mr. COMER. Madam Speaker, I reserve the balance of my time.
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield to the
gentleman from California (Mr. Gomez), the vice chair of the Committee
on Oversight and Reform.
Mr. GOMEZ. Madam Speaker, I rise in support of the IG Independence
and Empowerment Act.
This comprehensive legislation would ensure inspectors general have
the tools needed to conduct thorough investigations without fear of
political retaliation.
Many of these reforms have had strong bipartisan support for years,
in particular, my bill, the IG Subpoena Authority Act. This provision
grants IGs the authority to subpoena testimony from former employees
and contractors as a tool to better undercover waste, fraud, and abuse.
Currently, the absence of such authority hinders the ability of OIGs to
conduct complete oversight in matters of corruption and injustice.
I know my Republican colleagues claim this authority has no
protections from abuse, but that simply is not true. This bill includes
safeguards to ensure that this authority is not abused by requiring
that an IG must have a subpoena approved by a panel of three other IGs.
Additionally, I understand my Republican colleague may introduce an
amendment that would strike the subpoena authority provision from this
bill today. I find this interesting and confusing because the IG
Subpoena Authority Act was first introduced in the 115th Congress by
Republican Congressman Steve Russell with the support of then-Chairman
Towns and Ranking Member Issa, and it passed the House by unanimous
consent.
This bill has not changed substantially since the 115th Congress.
What has changed is the political context in which we are trying to
pass this reform. If a reform was good for government then, it is a
reform that is good for government now. Nothing has changed.
Madam Speaker, we need to make sure that the IG Subpoena Authority
Act is included and passed today. That will help strengthen the
integrity and maintain the accountability in our Federal agencies.
I thank Chairwoman Maloney for its inclusion in the IG Independence
and Empowerment Act. It is a step forward for good government, and I
strongly encourage an ``aye'' vote.
Mr. COMER. Madam Speaker, I reserve the balance of my time.
{time} 1700
Mrs. CAROLYN B. MALONEY of New York. 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.
Ms. PORTER. Madam Speaker, the Inspector General Independence and
Empowerment Act protects our Nation's government watchdogs.
Inspectors general are independent officials responsible for
preventing and detecting waste, fraud, and abuse. They safeguard the
interests of taxpayers and weed out corruption. We need stronger
protections to prevent biased or unqualified acting inspectors general
from assuming these vital roles.
[[Page H3282]]
I championed such measures in my Accountability for Acting Officials
Act, and I am proud to say they are included in the chairwoman's bill.
These provisions would forbid dual-hatting, serving as both a political
appointee and an acting inspector general at the same agency. This
conflict of interest compromises the independence of the inspector
general's work.
American taxpayers fund these agencies. They deserve to know that
those agencies are working on their behalf. They deserve inspectors
general who will fight to protect their dollars and our government's
integrity.
I urge my colleagues on both sides of the aisle to support the
Inspector General Independence and Empowerment Act.
I thank Chair Maloney for her leadership on government integrity,
including this important bill.
Mr. COMER. Madam Speaker, I reserve the balance of my time.
Mrs. CAROLYN B. MALONEY of New York. 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.
Mr. CONNOLLY. Madam Speaker, I rise today in support of H.R. 2662,
the IG Independence and Empowerment Act. I want to thank the chairwoman
of the committee for her leadership, especially in bringing forward
this important legislative package to bolster the independence and
protection of oversight of Federal inspectors general while holding
them more accountable to Congress and the American people at the same
time.
Our Subcommittee on Government Operations held a hearing in April
that highlighted the need for this legislation. At the hearing, we
discussed how the former President, Mr. Trump, exploited statutory
loopholes repeatedly to attack Federal IGs, firing well-respected IGs
for investigating policies of political allies he liked.
President Trump also appointed political agency officials to serve as
acting IGs, this double-hatting Ms. Porter just talked about. This
legislation would address that. We cannot allow these actions to be
repeated.
IGs are unique in the Federal Government, serving to root out waste,
fraud, abuse, and gross mismanagement. They report both to the
executive and legislative branches of government. This bill bolsters
IGs on both fronts.
Importantly, the bill ensures the President or an agency head can
remove an IG only for documented cause, and I think that is a very
important new standard. This measure will ensure that IGs can be
removed when appropriate and cannot be removed simply because they
speak truth to power.
I authored two additional provisions included in this legislation.
The first, the Integrity Committee Transparency Act, is a bipartisan
provision I drafted with my ranking member, Mr. Hice. This provision
would codify and enhance administrative reporting reforms at the
Integrity Committee. Just this week, we saw how important that can be.
It would also require the Integrity Committee to report immediately
any particularly serious and flagrant problems, abuses, or deficiencies
at the Office of Inspector General to the IG of that office.
Importantly, the provision also expands the membership of the
Integrity Committee to include a former inspector general, increasing
acumen and accountability and some distance.
These are critical measures necessary in the wake of cases in which
the Integrity Committee has sometimes fallen short in its reporting to
this body, to the Congress. In one recent allegation of wrongdoing, it
took nearly 4 years for the Integrity Committee to complete its
investigation, and employees at that office continued to struggle under
an IG who conducted herself with clear negligence. That case got
resolved today with the announcement that that IG is going to retire.
IGs cannot afford to be poor leaders, nor can we afford to have them
be poor leaders. They must be model Federal employees if their
credibility and integrity are to be trusted.
We also champion title VII of this bill, the Enhanced Whistleblower
Engagement Act. This provision requires OIG employees to undergo
whistleblower training, mandates engagement between a designated
whistleblower coordinator and the Integrity Committee, and requires
CIGIE to identify best practices for the timely and appropriate
handling of alleged reprisals within an OIG.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield the
gentleman such time as he may consume.
Mr. CONNOLLY. Madam Speaker, this measure is nearly identical to a
bipartisan provision in the Senate crafted by Republican Senator
Grassley from Iowa.
In addition to these provisions, the bill includes several other
important measures to bolster the independence of our nonpartisan
watchdogs. This bill is an important bill in reasserting the
independence, accountability, and transparency of IGs. They are a
critical part of making this government work and rebuilding American
trust in its government.
I thank the distinguished chairwoman for her leadership in bringing
this bill before us. I urge Members on both sides of the aisle to
support this bill.
Mr. COMER. Madam Speaker, I reserve the balance of my time.
Mrs. CAROLYN B. MALONEY of New York. 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.
Mr. RASKIN. Madam Speaker, I thank Chair Maloney for her wonderful
leadership of the Oversight Committee.
I rise in support of H.R. 2662, the Inspector General Independence
and Empowerment Act.
The inspectors general are a remarkable innovation in American
Government that have saved us untold billions of dollars and checked
the corrupt abuse of power by people controlling Federal departments.
They are essential to our ability to legislate as the Article I branch
and to do meaningful oversight over the executive branch of government.
That is true in general, but it is especially true when we have a
President like Donald Trump who categorically refused to recognize
congressional subpoenas, blocked members of his administration from
coming to testify before Congress in an unprecedented way, and
generally refused to cooperate with congressional factfinding at all.
When a President refuses to cooperate with the legislative branch,
when he obstructs Congress at every turn, the IGs are our only source
of information. It is imperative that we protect our inspectors
general's independence and their impartiality so they will not be
reduced to the level of being Presidential sycophants who are party
loyalists.
The Supreme Court has recognized the importance of IG independence,
noting that it is ``vital to effectuating Congress' intent and
maintaining an opportunity for objective inquiries into bureaucratic
waste, fraud, abuse, and mismanagement.''
This bill will ensure that the IGs have the tools that they need to
conduct thorough investigations on behalf of the American people, and
it will protect them from unjust political retaliation.
Mr. COMER. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I am excited to listen to the enthusiasm from my
colleagues on the other side of the aisle and their newfound passion
for oversight. The Republicans on the Oversight Committee have been
asking for many hearings on many different areas of potential
oversight, potential waste, fraud, abuse, and mismanagement in the
Federal Government. But thus far, in this new Congress, my friends on
the other side of the aisle have only been interested in oversight of
the previous administration.
[[Page H3283]]
I am getting really excited for the taxpayers of America because I
feel like, today, I am hearing that my friends on the other side of the
aisle are interested in ensuring that there is good government, that we
have transparency.
One thing that I would like to mention in this bill is that the
Oversight Committee is responsible for oversight, and we want to work
with the inspectors general. We have a lot of agreement in this bill,
and I will talk about that during my closing remarks. But I do believe
there is the potential for us to compromise and have a bipartisan bill
that actually might have a chance to become law down the hall.
But I hope that this newfound enthusiasm for oversight will carry
over, and we can do what the Oversight Committee is supposed to do and
not rely as heavily on unelected bureaucrats.
Madam Speaker, I reserve the balance of my time.
Mrs. CAROLYN B. MALONEY of New York. 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.
Ms. SPEIER. Madam Speaker, the history of whistleblowing dates back
to the founding of this country. The Continental Congress was committed
to making sure that whistleblowers would have a voice. Last year alone,
$2.2 billion was saved by the taxpayers because of whistleblowers in
our government.
The April massacre of IGs was an unprecedented power play by the
President, a ruthless President who somehow thought they worked for
him. They don't work for him. They didn't work for him. They work for
the American people, and that is why, since the founding of this
country, we have been so committed to it.
Today's legislation will protect IGs from retaliation and increase
their independence, ensuring they operate free from political
interference. Those complaints that those IGs were looking at were
brought to them by individuals. It was a political move by the
President to fire them.
I am interested that my colleague on the other side of the aisle was
concerned about the costs of being represented by counsel when someone
who is a Federal employee is called in to testify. Maybe we can work on
a bill to make sure that every Federal employee has that benefit. No
one talked about that when Ambassador Yovanovitch was called in to
testify or National Security Advisor Fiona Hill or Lieutenant Colonel
Vindman, all of whom had to pick up the tab for the attorneys
representing them.
Last month during a hearing before the Oversight Subcommittee on
Government Operations, the current Chair of the Council of the
Inspectors General, Inspector General Allison Lerner, testified that
while they offer multiple trainings for IGs, the trainings are not
mandated.
I believe, without mandated training, it is impossible to ensure that
IGs are operating at the highest level and are well-equipped to carry
out their duties, so I am pleased that my amendment requiring minimum
standards and best practices for training IGs has been included in this
bill.
Mr. COMER. Madam Speaker, I reserve the balance of my time.
{time} 1715
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, may I inquire how
much time is remaining?
The SPEAKER pro tempore. The gentlewoman from New York has 8\1/2\
minutes remaining. The gentleman from Kentucky has 23\1/2\ minutes
remaining.
Mrs. CAROLYN B. MALONEY of New York. 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.
Ms. ROSS. Madam Speaker, I thank the gentlewoman for yielding.
I rise today in support of the Inspector General Independence Act.
Inspectors general are vital to the integrity, efficiency, and efficacy
of our Government. It is crucial that they operate free from political
influence.
This critical legislation includes a bipartisan bill I introduced,
the Inspector General Access Act, which grants the inspector general of
the Department of Justice the authority to investigate misconduct by
DOJ attorneys.
The DOJ inspector general is currently the only Federal inspector
general without this authority. This is simply unacceptable.
DOJ attorneys wield a tremendous amount of power, including the
ability to make life and death decisions. It is crucial that these
attorneys are held to the highest level of professionalism, and that
their actions and conduct are subject to independent oversight.
For this reason, I wholeheartedly support the Inspector General
Independence Act, and I urge my colleagues to do the same.
Mr. COMER. Madam Speaker, I yield myself the balance of my time.
Just a couple of things I want to make sure that everyone understands
with respect to this bill. This bill is a combination of 10 different
bills. Republicans support seven of the 10 bills. Seven of the 10 bills
we could pass pretty close to unanimously in this Chamber that would
strengthen the IGs and not hamper a President's ability to terminate an
IG that may not agree with their ideology.
No one in Congress would hire a staffer that adamantly opposed their
ideology. No one in the private sector would have a staffer be a
spokesperson or an employee that fundamentally disagreed with the
direction that person wanted to lead their company. And the same should
be true with the President of the United States.
With respect to President Trump's termination of inspectors general,
I want to mention a couple of terminations that the President did.
President Trump removed the Intelligence Community Inspector General
Michael Atkinson because he flaunted strict whistleblower procedures to
provide the Ukraine whistleblower report to Chairman Schiff.
Now, we support good government. We want to protect whistleblowers.
We want to encourage whistleblowers to come forward. Adam Schiff did
more to damage prospective whistleblowers than any Member of this body.
And the IG was complicit with him in that. That was a rightful
termination by President Trump.
Acting Inspector General Christi Grimm purposely released an outdated
and misleading report claiming there were shortages of medical
equipment at hospitals which was found to be entirely inaccurate and
likely was politically motivated. That is why President Trump
terminated her.
So there are examples of a President rightfully terminating an
inspector general, and I don't think that this bill is the right path
to move forward. This is overlegislating.
We are passing a lot of bills out of this Chamber that are dead upon
arrival in the Senate. When we pass a bill that has bipartisan support,
that makes a difference in the Senate. We
[[Page H3284]]
could achieve that, and I have an amendment that goes a long way
towards making this bill bipartisan.
So with respect to oversight, I think the American people are upset
over COVID-19. Speaker Pelosi created a Select Committee on the
Coronavirus Crisis, which is a subsidiary of the House Oversight
Committee, we share the same staff. We have been asking for hearings on
the origins of COVID-19 and had no response, no luck from my friends
across the aisle, so we had a hearing today. We had a forum. And it was
very productive. And I think the people of America appreciated that.
That is oversight.
So our committee can go a lot further with respect to oversight, and
I think that we could come to a bipartisan compromise to strengthen the
IGs without politicizing the IGs, without hampering a President's
ability to get rid of a bad IG.
I strongly oppose this bill. I hope through the amendment process it
can get better, that it can pass in a bipartisan manner, and we can
strengthen the IGs, and we can send a message to the Senate that we
have a bipartisan bill that you should take up and President Biden can
hopefully sign into law.
Madam Speaker, I yield back the balance of my time.
Mrs. CAROLYN B. MALONEY of New York. 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.
Mrs. CAROLYN B. MALONEY of New York. 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.
The SPEAKER pro tempore. All time for debate has expired.
Each further amendment printed in part A of House Report 117-74 not
earlier considered as part of amendments en bloc pursuant to section 3
of House Resolution 504, shall be considered only in the order printed
in the report, may be offered only by a Member designated in the
report, shall be considered as read, shall be debatable for the time
specified in the report equally divided and controlled by the proponent
and an opponent, may be withdrawn by the proponent at any time before
the question is put thereon, shall not be subject to amendment, and
shall not be subject to a demand for division of the question.
It shall be in order at any time for the chair of the Committee on
Oversight and Reform or her designee to offer amendments en bloc
consisting of further amendments printed in part A of House Report 117-
74, not earlier disposed of. Amendments en bloc shall be considered as
read, shall be debatable for 20 minutes equally divided and controlled
by the chair and ranking minority member of the Committee on Oversight
and Reform or their respective designees, shall not be subject to
amendment, and shall not be subject to a demand for division of the
question.
Amendments En Bloc Offered by Mrs. Carolyn B. Maloney of New York
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, pursuant to House
Resolution 504, I offer amendments en bloc.
The SPEAKER pro tempore. The Clerk will designate the amendments en
bloc.
Amendments en bloc consisting of amendment Nos. 1, 2, 3, 5, and 6
printed in part A of House Report 117-74, offered by Mrs. Carolyn B.
Maloney of New York:
Amendment No. 1 Offered by Mrs. AXNE of IOWA
Page 6, after line 16, add the following new section (and
amend the table of contents accordingly):
SEC. 103. REMOVAL OR TRANSFER REQUIREMENTS.
(a) Reasons for Removal or Transfer.--Section 3(b) of the
Inspector General Act of 1978 (5 U.S.C. App.), as amended by
section 102, is further amended--
(1) in paragraph (1), by striking ``reasons'' and inserting
``substantive rationale, including detailed and case-specific
reasons,''; and
(2) by inserting at the end the following new paragraph:
``(3) If there is an open or completed inquiry into an
Inspector General that relates
[[Page H3285]]
to the removal or transfer of the Inspector General under
paragraph (1), the written communication required under that
paragraph shall--
``(A) identify each entity that is conducting, or that
conducted, the inquiry; and
``(B) in the case of a completed inquiry, contain the
findings made during the inquiry.''.
(b) Reasons for Removal or Transfer for Designated Federal
Entities.--Section 8G(e) of the Inspector General Act of 1978
(5 U.S.C. App.) is amended--
(1) in paragraph (2), by striking ``reasons'' and inserting
``substantive rationale, including detailed and case-specific
reasons,''; and
(2) by inserting at the end the following new paragraph:
``(3) If there is an open or completed inquiry into an
Inspector General that relates to the removal or transfer of
the Inspector General under paragraph (2), the written
communication required under that paragraph shall--
``(A) identify each entity that is conducting, or that
conducted, the inquiry; and
``(B) in the case of a completed inquiry, contain the
findings made during the inquiry.''.
Amendment No. 2 offered by Ms. Bourdeau of Georgia
Page 34, line 1, strike ``and'' and insert ``,''.
Page 34, line 3, insert ``, and on the use of and process
for the suspension or debarment of persons for eligibility
for Federal contracts'' after ``Council''.
Amendment No. 3 Offered by Mr. Carter of Louisiana
Page 34, after line 3, insert the following (and amend the
table of contents and redesignate the subsequent titles
accordingly):
TITLE XII--EQUITABLE PAY FOR INSPECTORS GENERAL
SEC. 1201. EQUITABLE PAY FOR INSPECTORS GENERAL.
Section 3(e) of the Inspector General Act of 1978 (5 U.S.C.
App) is amended by inserting after ``3 percent'' the
following: ``or the rate of pay that is equal to the highest
rate of basic pay of any other employee of the Office of such
Inspector General, whichever is higher''.
Amendment No. 5 offered by Mr. Malinowski of New Jersey
Page 7, line 4, strike ``Offices'' and insert ``Office''.
Page 7, line 13, strike ``Entities'' and insert ``Entity''.
Page 7, after line 21, insert the following:
(c) Exception to Requirement to Submit Communication
Relating to Certain Changes in Status.--
(1) Communication relating to change in status of inspector
general of office.--Section 3(b) of the Inspector General Act
of 1978 (5 U.S.C. App.), as amended by section 102(1), is
further amended--
(A) in paragraph (1), by striking ``If'' and inserting
``Except as provided in paragraph (3), if''; and
(B) by adding at the end the following:
``(3) If an Inspector General is placed on paid or unpaid
non-duty status, the President may submit the communication
described in paragraph (1) to Congress later than 30 days
before the Inspector General is placed on paid or unpaid non-
duty status, but in any case not later than the date on which
the placement takes effect, if--
``(A) the President determines that a delay in placing the
Inspector General on paid or unpaid non-duty status would--
``(i) pose a threat to the Inspector General or others;
``(ii) result in the destruction of evidence relevant to an
investigation; or
``(iii) result in loss of or damage to Government property;
``(B) in the communication, the President includes--
``(i) a specification of which clause the President relied
on to make the determination under subparagraph (A);
``(ii) the substantive rationale, including detailed and
case-specific reasons, for such determination;
``(iii) if the President relied on an inquiry to make such
determination, an identification of each entity that is
conducting, or that conducted, such inquiry; and
``(iv) if an inquiry described in clause (iii) is
completed, the findings of that inquiry.
``(4) The President may not place an Inspector General on
paid or unpaid non-duty status during the 30-day period
preceding the date on which the Inspector General is removed
or transferred under paragraph (1) unless the President--
``(A) determines that not placing the Inspector General on
paid or unpaid non-duty status would--
``(i) pose a threat to the Inspector General or others;
``(ii) result in the destruction of evidence relevant to an
investigation; or
``(iii) result in loss of or damage to Government property;
and
``(B) on or before the date on which the placement takes
effect, submits to the Committee in the House of
Representatives and the Committee in the Senate that has
jurisdiction over the Inspector General involved, the
Committee on Oversight and Reform of the House of
Representatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate, a written communication
that contains the following information--
``(i) a specification of which clause under subparagraph
(A) the President relied on to make the determination under
such subparagraph;
``(ii) the substantive rationale, including detailed and
case-specific reasons, for such determination;
``(iii) if the President relied on an inquiry to make such
determination, an identification of each entity that is
conducting, or that conducted, such inquiry; and
``(iv) if an inquiry described in clause (iii) is
completed, the findings of that inquiry.''.
(2) Communication relating to change in status of inspector
general of designated federal entity.--Section 8G(e) of the
Inspector General Act Inspector General Act of 1978 (5 U.S.C.
App.) is amended--
(A) in paragraph (1), by striking ``If'' and inserting
``Except as provided in paragraph (3), if''; and
(B) by adding at the end the following:
``(3) If an Inspector General is placed on paid or unpaid
non-duty status, the head of a designated Federal entity may
submit the communication described in paragraph (1) to
Congress later than 30 days before the Inspector General is
placed on paid or unpaid non-duty status, but in any case not
later than the date on which the placement takes effect, if--
``(A) the head determines that a delay in placing the
Inspector General on paid or unpaid non-duty status would--
``(i) pose a threat to the Inspector General or others;
``(ii) result in the destruction of evidence relevant to an
investigation; or
``(iii) result in loss of or damage to Government property;
``(B) in the communication, the head includes--
``(i) a specification of which clause under subparagraph
(A) the head relied on to make the determination under such
subparagraph;
``(ii) the substantive rationale, including detailed and
case-specific reasons, for such determination;
``(iii) if the head relied on an inquiry to make such
determination, an identification of each entity that is
conducting, or that conducted, such inquiry; and
``(iv) if an inquiry described in clause (iii) is
completed, the findings of that inquiry.
``(4) The head may not place an Inspector General on paid
or unpaid non-duty status during the 30-day period preceding
the date on which the Inspector General is removed or
transferred under paragraph (1) unless the head--
``(A) determines that not placing the Inspector General on
paid or unpaid non-duty status would--
``(i) pose a threat to the Inspector General or others;
``(ii) result in the destruction of evidence relevant to an
investigation; or
``(iii) result in loss of or damage to Government property;
and
``(B) on or before the date on which the placement takes
effect, submits to the Committee in the House of
Representatives and the Committee in the Senate that has
jurisdiction over the Inspector General involved, the
Committee on Oversight and Reform of the House of
Representatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate, a written communication
that contains the following information--
``(i) a specification of which clause under subparagraph
(A) the head relied on to make the determination under such
subparagraph;
``(ii) the substantive rationale, including detailed and
case-specific reasons, for such determination;
``(iii) if the head relied on an inquiry to make such
determination, an identification of each entity that is
conducting, or that conducted, such inquiry; and
``(iv) if an inquiry described in clause (iii) is
completed, the findings of that inquiry.''.
Page 7, strike line 22 and all that follows through line 24
and insert the following:
(d) Application.--The amendments made by this section shall
apply with respect to removals, transfers, and changes of
status occurring on or after the date that is 30 days after
the date of the enactment of this Act.
Page 29, line 20, strike ``Establishment'' and insert
``Office''.
Page 30, line 10, strike ``is'' and insert ``, as amended
by section 202(c)(2), is further''.
Page 30, line 12, strike ``(3)'' and insert ``(5)''.
Amendment No. 6 offered by Mr. Torres of New York
Page 34, after line 3, insert the following (and amend the
table of contents and redesignate the subsequent titles
accordingly):
TITLE XII--REPORT
SEC. 1201. GAO REVIEW AND REPORT.
Not later than 1 year after the date of the enactment of
this Act, the Comptroller General shall--
(1) conduct a review that evaluates the effectiveness of
the processes of the Integrity Committee of the Council of
the Inspectors General on Integrity and Efficiency, and the
processes of Offices of Inspector General, respectively, for
ensuring that Inspectors General--
(A) are held accountable through the investigation of
allegations of wrongdoing, including allegations of
misconduct, abuse of authority, or other malfeasance, that
are made against such Inspectors General; and
(B) meet relevant standards for integrity and independence;
(2) identify recommendations with respect to--
[[Page H3286]]
(A) enhancing accountability for Inspectors General; and
(B) ensuring that Inspectors General meet relevant
standards for integrity and independence; and
(3) issue a report--
(A) on the results of the review required by paragraph (1);
and
(B) that contains any recommendations identified under
paragraph (2).
The SPEAKER pro tempore. Pursuant to House Resolution 504, the
gentlewoman from New York (Mrs. Carolyn B. Maloney) and the gentleman
from Kentucky (Mr. Comer) each will control 10 minutes.
The Chair recognizes the gentlewoman from New York.
Mrs. CAROLYN B. MALONEY of New York. 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
IG.
The amendment would also require the President or independent agency
head to provide to Congress the findings from an inquiry that led to
the IG's removal.
These requirements would enhance IG independence in addition to the
critical for-cause removal protections already in the bill.
The amendment offered by Congresswoman Carolyn Bourdeaux would
enhance training requirements for inspectors general.
This amendment would ensure that IGs are trained in an important
aspect of their oversight work over Federal contractors.
The suspension and debarment process provides an essential tool to
hold Federal contractors accountable for waste, fraud, and abuse.
Federal procurement law and the suspension and debarment processes
are highly complex, and it is important that all IGs are well-versed on
these issues.
This training will help make IGs even more effective and efficient
and could lead to more taxpayer savings.
The amendment offered by Congressman Troy Carter would ensure IGs are
paid at an equitable level with senior staff in their office.
Through an unintended consequence in current law, IGs are sometimes
paid less than the senior staff in their own offices. This inequity
could lead to difficulty in attracting the most qualified people to be
IGs.
This amendment would add language to current law providing that IGs
have to be paid at least the same rate of pay as the highest paid
employee in the IG's office.
This simple change would help ensure that IGs are paid what they
deserve for the critical work they perform.
{time} 1730
The amendment offered by Congressman Tom Malinowski would balance
notification to Congress with the need to address an immediate threat.
The base bill would require that the President or an independent
agency head would notify Congress at least 30 days before placing an IG
on non-duty status.
This amendment would make an exception to that requirement if any
delay in that placement would mean a threat to people, property, or an
ongoing investigation.
This amendment would give the President or agency head flexibility in
the case of a documented threat, while ensuring Congress is notified of
any change to an IG status in advance whenever possible.
And, finally, an amendment offered by Congressman Ritchie Torres,
which would provide a needed review of all processes to ensure IGs are
held accountable.
This amendment would require the Government Accountability Office to
review existing processes for investigating allegations of IG
wrongdoing, including the processes of the CIGIE Integrity Committee.
The results of this review would provide Congress with critical
information to know how well these processes are working and how to
improve them, if needed.
IGs provide a critical check on waste, fraud, and abuse in the
government, and their own conduct must be above reproach.
Madam Speaker, I urge my colleagues to adopt this commonsense package
of amendments, and I reserve the balance of my time.
Mr. COMER. Madam Speaker, I rise to oppose the amendments en bloc.
Madam Speaker, some of the amendments in the proposed package attempt
to be helpful and improve the bill, but most are just Band-Aids
attempting to cover up flawed provisions.
For example, one amendment attempts to paper over the flaws in title
I by expanding the requirement for the President to provide his or her
rationale to Congress detailing why an IG was removed.
Yes, understanding the President's rationale for removing an IG is
very important to Congress. This amendment, however, fails to address
the fundamental issue in the section, specifically limiting the reasons
for an IG's removal or transferred to only nine constraining reasons.
Another provision in this package seeks to amend title II, but title
II already passed earlier this Congress as a standalone bill by voice
vote under suspension. This amendment to title II would undermine that
broadly supported bill by creating an easy-to-abuse loophole for a
President to remove an IG immediately, rather than waiting the 30 days
for Congress to review the required notice of removal.
My Democrat colleagues have stated constantly that the goal of their
legislation is to ensure that it is incredibly difficult to remove an
IG, yet they support an amendment that would gut this and allow our
President to circumvent the will of Congress. This is what happens when
the majority decides to go it alone rather than seeking to work
together to craft strong bipartisan legislation.
This bloc of amendments is the perfect analog for this legislation--
many good provisions mixed with a few poison bills, which undermine the
intent of the legislation as a whole. Therefore, I must ask my
colleagues to vote against this package of amendments.
Madam Speaker, I reserve the balance of my time.
Mrs. CAROLYN B. MALONEY of New York. 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.
Mr. CARTER of Louisiana. Madam Speaker, I thank the chairwoman for
her incredible leadership on this very critical and important
legislation.
Madam Speaker, I rise today because I support this bill and the
commonsense amendment that I have for it. I thank the chairwoman for
her incredible hard work on this important issue.
Inspectors general play a key role in our government. They provide
transparency and accountability into government programs and spending.
They help prevent waste and fix mismanagement and abuse.
The IG Independence and Empowerment Act would ensure that they have
the autonomy and the authority to do their jobs without political
interference. My amendment is simple and in line with the goals of the
bill. It would ensure that the inspector general is paid commensurate
to their task.
Currently, IGs make less money than some of their senior advisers. I
think the person with the most responsibility should be paid
accordingly. If we want the best people to work these important jobs,
we need to make sure that their pay matches their role. My amendment
would fix an unintended consequence of current law and strengthen IG
offices so that they can better carry out their essential work.
Mr. COMER. Madam Speaker, I reserve the balance of my time.
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I support all of
the en bloc amendments, including Mr. Carter's, and I yield back the
balance of my time.
Mr. COMER. Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 504, the
previous question is ordered on the amendments en bloc offered by the
gentlewoman from New York (Mrs. Carolyn B. Maloney).
The question is on the amendments en bloc.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. COMER. Madam Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
[[Page H3287]]
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendment No. 4 Offered by Mr. Comer
The SPEAKER pro tempore. It is now in order to consider amendment No.
4 printed in part A of House Report 117-74.
Mr. COMER. Madam Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 4, strike line 1 and all that follows through page 6,
line 16.
Page 9, strike line 3 and all that follows through page 10,
line 10.
Page 22, strike line 20 and all that follows through page
27, line 14.
Redesignate and renumber the remaining titles and sections
and amend the table of contents accordingly.
The SPEAKER pro tempore. Pursuant to House Resolution 504, the
gentleman from Kentucky (Mr. Comer) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Kentucky.
Mr. COMER. Madam Speaker, this amendment strips out the three
provisions of this legislation that do not have bipartisan support in
order for the IG Independence and Empowerment Act to move forward with
the full support of the U.S. House. Both sides of the aisle can then
come back to the table to fix the remaining provisions in a manner that
addresses concerns on both sides of the aisle.
Specifically, my amendment strikes title I, which would artificially
constrain the President from removing or reassigning an IG to one of
nine specific reasons listed in the provision.
As drafted, title I would have the effect of prohibiting a President
from removing an IG who is acting in bad faith and undermining a duly
elected President's policies in a purely partisan manner.
My amendment also strikes title III, which strictly limits who the
President could name as the acting inspector general to the ``first
assistant.'' This provision does not include any commonsense
exceptions, creating unintended consequences.
For example, it could elevate an individual to acting IG who may be
engaged in the same misconduct which caused the original IG to have
been removed.
Lastly, my amendment strikes title V of the bill, which grants
inspectors general the authority to issue subpoenas to compel the
testimony of former Federal officials, including political appointees.
While I support granting IGs testimonial subpoena authority, the
current provision lacks necessary safeguards and could result in it
being used in a politically abusive manner.
Madam Speaker, I support the goals behind these provisions, as well
as the other seven titles of the bill, which have strong bipartisan
support. However, my amendment addresses the problematic language in
these three sections. That is why I ask my Republican and Democrat
colleagues to pass this amendment to enable us to negotiate a
bipartisan solution for the inspector general community that can be
signed into law.
Madam Speaker, I reserve the balance of my time.
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I rise in
opposition to this amendment
The SPEAKER pro tempore. The gentlewoman from New York is recognized
for 5 minutes.
Mrs. CAROLYN B. MALONEY of New York. 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.
Mr. COMER. Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 504, the
previous question is ordered on the amendment offered by the gentleman
from Kentucky (Mr. Comer).
The question is on the amendment.
The question was taken; and the Speaker pro tempore announced that
the noes appear to have it.
Mr. COMER. Madam Speaker, on that I demand the yeas and nays. The
SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 8,
the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
{time} 1745
Amendments En Bloc Offered by Mrs. Carolyn B. Maloney of New York
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the
unfinished business is the question on the adoption of amendments en
bloc, printed in part A of House Report 117-74, on
[[Page H3288]]
which further proceedings were postponed and on which the yeas and nays
were ordered.
The Clerk will redesignate the amendments en bloc.
The Clerk redesignated the amendments en bloc.
The SPEAKER pro tempore. The question is on the amendments en bloc
offered by the gentlewoman from New York (Mrs. Carolyn B. Maloney).
The vote was taken by electronic device, and there were--yeas 219,
nays 184, not voting 27, as follows:
[Roll No. 193]
YEAS--219
Adams
Aguilar
Allred
Auchincloss
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Bourdeaux
Bowman
Boyle, Brendan F.
Brown
Brownley
Bush
Bustos
Butterfield
Carbajal
Cardenas
Carson
Carter (LA)
Cartwright
Case
Casten
Castor (FL)
Castro (TX)
Chu
Cicilline
Clark (MA)
Clarke (NY)
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Craig
Crow
Cuellar
Davids (KS)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Escobar
Eshoo
Espaillat
Evans
Fitzpatrick
Fletcher
Foster
Frankel, Lois
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez, Vicente
Gottheimer
Green, Al (TX)
Grijalva
Harder (CA)
Hayes
Higgins (NY)
Himes
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jacobs (CA)
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Jones
Kahele
Kaptur
Keating
Kelly (IL)
Khanna
Kildee
Kilmer
Kim (NJ)
Kind
Kinzinger
Kirkpatrick
Krishnamoorthi
Kuster
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Leger Fernandez
Levin (CA)
Levin (MI)
Lieu
Lofgren
Lowenthal
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Manning
Matsui
McBath
McCollum
McEachin
McGovern
McNerney
Meng
Mfume
Moore (WI)
Morelle
Moulton
Mrvan
Murphy (FL)
Nadler
Napolitano
Neal
Neguse
Newman
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Ross
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Sewell
Sherman
Sherrill
Sires
Slotkin
Smith (WA)
Soto
Spanberger
Speier
Stansbury
Stanton
Stevens
Strickland
Suozzi
Swalwell
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres (NY)
Trahan
Trone
Underwood
Vargas
Veasey
Vela
Velazquez
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Williams (GA)
Wilson (FL)
Yarmuth
NAYS--184
Aderholt
Allen
Amodei
Armstrong
Babin
Bacon
Baird
Balderson
Barr
Bentz
Bergman
Bice (OK)
Biggs
Bilirakis
Bishop (NC)
Boebert
Bost
Brady
Brooks
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Calvert
Cammack
Carl
Carter (TX)
Cawthorn
Chabot
Cheney
Cline
Clyde
Cole
Comer
Crawford
Crenshaw
Curtis
Davidson
Davis, Rodney
DesJarlais
Diaz-Balart
Donalds
Duncan
Dunn
Emmer
Estes
Fallon
Feenstra
Ferguson
Fischbach
Fitzgerald
Fleischmann
Fortenberry
Foxx
Franklin, C. Scott
Gaetz
Garbarino
Garcia (CA)
Gibbs
Gimenez
Gonzales, Tony
Gonzalez (OH)
Gooden (TX)
Gosar
Granger
Graves (LA)
Graves (MO)
Green (TN)
Greene (GA)
Griffith
Grothman
Guthrie
Hagedorn
Harris
Harshbarger
Hartzler
Hern
Herrera Beutler
Hill
Hinson
Hollingsworth
Hudson
Huizenga
Jacobs (NY)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Katko
Keller
Kelly (MS)
Kelly (PA)
Kim (CA)
Kustoff
LaHood
LaMalfa
Lamborn
Latta
LaTurner
Lesko
Letlow
Loudermilk
Lucas
Luetkemeyer
Mace
Malliotakis
Mann
Massie
Mast
McCarthy
McCaul
McClain
McClintock
McHenry
McKinley
Meijer
Meuser
Miller (WV)
Miller-Meeks
Moolenaar
Mooney
Moore (UT)
Mullin
Murphy (NC)
Nehls
Newhouse
Nunes
Obernolte
Owens
Palazzo
Palmer
Pence
Perry
Posey
Reed
Reschenthaler
Rice (SC)
Rodgers (WA)
Rogers (AL)
Rogers (KY)
Rosendale
Rouzer
Rutherford
Salazar
Scalise
Schweikert
Scott, Austin
Sessions
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spartz
Stauber
Steel
Stefanik
Steil
Steube
Stewart
Taylor
Tenney
Thompson (PA)
Timmons
Turner
Upton
Valadao
Van Drew
Van Duyne
Wagner
Walberg
Walorski
Waltz
Webster (FL)
Wenstrup
Westerman
Wilson (SC)
Wittman
Womack
Young
Zeldin
NOT VOTING--27
Arrington
Banks
Carter (GA)
Cloud
Crist
Fulcher
Gallagher
Gohmert
Good (VA)
Guest
Herrell
Hice (GA)
Higgins (LA)
Issa
Jackson
Johnson (LA)
Long
Meeks
Miller (IL)
Moore (AL)
Norman
Pfluger
Rose
Roy
Tiffany
Weber (TX)
Williams (TX)
{time} 1814
Messrs. FEENSTRA, COLE, and SMITH of New Jersey changed their vote
from ``yea'' to ``nay.''
So the en bloc amendments were agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
members recorded pursuant to house resolution 8, 117th congress
Babin (Nehls)
Boebert (Gosar)
Bourdeaux (Kuster)
Cardenas (Gomez)
Carl (Joyce (PA))
Cawthorn (Nehls)
Clark (MA) (Kuster)
Cohen (Beyer)
Fallon (Nehls)
Gallego (Gomez)
Garcia (IL) (Gomez)
Garcia (TX) (Jeffries)
Grijalva (Stanton)
Horsford (Jeffries)
Jackson Lee (Butterfield)
Jacobs (NY) (Garbarino)
Johnson (TX) (Jeffries)
Kind (Connolly)
Kirkpatrick (Stanton)
Lawson (FL) (Evans)
Leger Fernandez (Jacobs (CA))
Lieu (Beyer)
Lowenthal (Beyer)
McClain (Bergman)
Meng (Jeffries)
Mullin (Lucas)
Napolitano (Correa)
Owens (Curtis)
Payne (Pallone)
Ruiz (Aguilar)
Rush (Underwood)
Sewell (DelBene)
Steube (Franklin, C. Scott)
Strickland (DelBene)
Timmons (Wilson (SC))
Torres (NY) (Jeffries)
Wilson (FL) (Hayes)
Young (Joyce (OH))
=========================== NOTE ===========================
June 29, 2021, on page H3288, the following appeared:MEMBERS
RECORDED PURSUANT TO HOUSE RESOLUTION 8, 117TH CONGRESS Babin
(Nehls) Bourdeaux (Kuster) Cardenas (Gomez) Carl (Joyce (PA))
Cawthorn (Nehls) Clark (MA) (Kuster) Cohen (Beyer) DesJarlais
(Fleischmann) Fallon (Nehls) Gallego (Gomez) Garcia (IL) (Gomez)
Garcia (TX) (Jeffries) Gonzalez, Vincente (Carbajal) Grijalva
(Stanton) Horsford (Jeffries) Hoyer (Trone) Jackson Lee
(Butterfield) Jacobs (NY) (Garbarino) Johnson (TX) (Jeffries) Kind
(Connolly) Kirkpatrick (Stanton) Lawson (FL) (Evans) Leger
Fernandez (Jacobs (CA)) Lieu (Beyer) Lowenthal (Beyer) McClain
(Bergman) Meng (Jeffries) Mullin (Lucas) Napolitano (Correa) Owens
(Curtis) Payne (Pallone) Rice (NY) (Peters) Ruiz (Aguilar) Rush
(Underwood)
The online version has been corrected to read: MEMBERS RECORDED
PURSUANT TO HOUSE RESOLUTION 8, 117TH CONGRESS Babin (Nehls)
Boebert (Gosar) Bourdeaux (Kuster) Cardenas (Gomez) Carl (Joyce
(PA)) Cawthorn (Nehls) Clark (MA) (Kuster) Cohen (Beyer) Fallon
(Nehls) Gallego (Gomez) Garcia (IL) (Gomez) Garcia (TX) (Jeffries)
Grijalva (Stanton) Horsford (Jeffries) Jackson Lee (Butterfield)
Jacobs (NY) (Garbarino) Johnson (TX) (Jeffries) Kind (Connolly)
Kirkpatrick (Stanton) Lawson (FL) (Evans) Leger Fernandez (Jacobs
(CA)) Lieu (Beyer) Lowenthal (Beyer) McClain (Bergman) Meng
(Jeffries) Mullin (Lucas) Napolitano (Correa) Owens (Curtis) Payne
(Pallone) Ruiz (Aguilar) Rush (Underwood)
========================= END NOTE =========================
(By unanimous consent, Ms. WASSERMAN SCHULTZ was allowed to speak out
of order.)
Moment of Silence in Remembrance of Victims of the Champlain Towers
Collapse in Surfside, Florida
Ms. WASSERMAN SCHULTZ. Madam Speaker, I rise today with a grieving
but hopeful heart in the wake of an unimaginable tragedy in Surfside,
Florida.
As we gather, our world-renowned Miami Dade search and rescue teams
are joined by teams from as far away as Israel and Mexico to search for
potential survivors of Champlain Towers South in Surfside.
Since that unprecedented collapse, first responders, medical
personnel, engineers, grief counselors, and caseworkers have
painstakingly worked nonstop to assist in the search and rescue,
providing support to the families and to begin an investigation.
For those still trapped, we hold out hope for the search to discover
survivors. For all those who lost loved ones, we send our deepest
condolences and pledge support and solidarity.
So many in our community fled nations where they faced danger. That
makes this tragedy all the more painful. But we are resilient. We will
be there every step of the way for the families of those missing in the
rubble. But we know we cannot do this alone.
I thank the Biden administration for the speedy delivery of Federal
resources, and Mayors Daniella Levine Cava and Charles Burkett for
their steadfast leadership in this truly unprecedented crisis.
And our deepest thanks for the remarkable, relentless first
responders who are still on that pile, searching around the clock in
the hope of finding even one survivor.
Madam Speaker, the agony that these families are going through is
beyond comprehension. So on behalf of the missing, those who perished,
and their families, I ask that the House please rise and pause for a
moment of silence in memory and in honor of those who have been
struggling through this Surfside tragedy and crisis.
The SPEAKER. The Chair would ask all Members to rise for a moment of
silence in remembrance of the victims of the collapse of the Champlain
Towers building in Surfside, Florida.
Amendment No. 4 Offered by Mr. Comer
The SPEAKER. Pursuant to clause 8 of rule XX, the unfinished business
is
[[Page H3289]]
the question on amendment No. 4, printed in part A of House Report 117-
74, on which further proceedings were postponed and on which the yeas
and nays were ordered.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
The SPEAKER. The question is on the amendment offered by the
gentleman from Kentucky (Mr. Comer).
The vote was taken by electronic device, and there were--yeas 182,
nays 220, not voting 28, as follows:
[Roll No. 194]
YEAS--182
Aderholt
Allen
Amodei
Armstrong
Babin
Bacon
Baird
Balderson
Barr
Bentz
Bergman
Bice (OK)
Biggs
Bilirakis
Bishop (NC)
Boebert
Bost
Brady
Brooks
Buchanan
Bucshon
Budd
Burchett
Burgess
Calvert
Cammack
Carl
Carter (TX)
Cawthorn
Chabot
Cheney
Cline
Clyde
Cole
Comer
Crawford
Crenshaw
Curtis
Davidson
Davis, Rodney
DesJarlais
Diaz-Balart
Donalds
Duncan
Dunn
Emmer
Estes
Fallon
Feenstra
Ferguson
Fischbach
Fitzgerald
Fleischmann
Fortenberry
Foxx
Franklin, C. Scott
Gaetz
Garcia (CA)
Gibbs
Gimenez
Gonzales, Tony
Gonzalez (OH)
Gooden (TX)
Gosar
Granger
Graves (MO)
Green (TN)
Greene (GA)
Griffith
Grothman
Guthrie
Hagedorn
Harris
Harshbarger
Hartzler
Hern
Herrera Beutler
Hill
Hinson
Hollingsworth
Hudson
Huizenga
Jacobs (NY)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Katko
Keller
Kelly (MS)
Kelly (PA)
Kim (CA)
Kinzinger
Kustoff
LaHood
LaMalfa
Lamborn
Latta
LaTurner
Lesko
Letlow
Loudermilk
Lucas
Luetkemeyer
Mace
Malliotakis
Mann
Massie
Mast
McCarthy
McCaul
McClain
McClintock
McHenry
McKinley
Meijer
Meuser
Miller (WV)
Miller-Meeks
Moolenaar
Mooney
Moore (UT)
Mullin
Murphy (NC)
Nehls
Newhouse
Nunes
Obernolte
Owens
Palazzo
Palmer
Pence
Perry
Posey
Reed
Reschenthaler
Rice (SC)
Rodgers (WA)
Rogers (AL)
Rogers (KY)
Rosendale
Rouzer
Rutherford
Salazar
Scalise
Schweikert
Scott, Austin
Sessions
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spartz
Stauber
Steel
Stefanik
Steil
Steube
Stewart
Taylor
Tenney
Thompson (PA)
Timmons
Turner
Upton
Valadao
Van Drew
Van Duyne
Wagner
Walberg
Walorski
Waltz
Webster (FL)
Wenstrup
Westerman
Wilson (SC)
Wittman
Womack
Young
Zeldin
NAYS--220
Adams
Aguilar
Allred
Auchincloss
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Bourdeaux
Bowman
Boyle, Brendan F.
Brown
Brownley
Bush
Bustos
Butterfield
Carbajal
Cardenas
Carson
Carter (LA)
Cartwright
Case
Casten
Castor (FL)
Castro (TX)
Chu
Cicilline
Clark (MA)
Clarke (NY)
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Craig
Crist
Crow
Cuellar
Davids (KS)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Escobar
Eshoo
Espaillat
Evans
Fitzpatrick
Fletcher
Foster
Frankel, Lois
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez, Vicente
Gottheimer
Green, Al (TX)
Grijalva
Harder (CA)
Hayes
Higgins (NY)
Himes
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jacobs (CA)
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Jones
Kahele
Kaptur
Keating
Kelly (IL)
Khanna
Kildee
Kilmer
Kim (NJ)
Kind
Kirkpatrick
Krishnamoorthi
Kuster
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Leger Fernandez
Levin (CA)
Levin (MI)
Lieu
Lofgren
Lowenthal
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Manning
Matsui
McBath
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Mfume
Moore (WI)
Morelle
Moulton
Mrvan
Murphy (FL)
Nadler
Napolitano
Neal
Neguse
Newman
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Ross
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Sewell
Sherman
Sherrill
Sires
Slotkin
Smith (WA)
Soto
Spanberger
Speier
Stansbury
Stanton
Stevens
Strickland
Suozzi
Swalwell
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres (NY)
Trahan
Trone
Underwood
Vargas
Veasey
Vela
Velazquez
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Williams (GA)
Wilson (FL)
Yarmuth
NOT VOTING--28
Arrington
Banks
Buck
Carter (GA)
Cloud
Fulcher
Gallagher
Garbarino
Gohmert
Good (VA)
Graves (LA)
Guest
Herrell
Hice (GA)
Higgins (LA)
Issa
Jackson
Johnson (LA)
Long
Miller (IL)
Moore (AL)
Norman
Pfluger
Rose
Roy
Tiffany
Weber (TX)
Williams (TX)
{time} 1840
Mr. VEASEY, Ms. WATERS, Mr. CLEAVER, Ms. BASS, Messrs. COHEN, LIEU,
and LOWENTHAL changed their vote from ``yea'' to ``nay.''
Mrs. GREENE of Georgia and Mr. CARL changed their vote from ``nay''
to ``yea.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. GRAVES of Louisiana. Madam Speaker, had I been present, I would
have voted ``yea'' on rollcall No. 194.
members recorded pursuant to house resolution 8, 117th congress
Babin (Nehls)
Boebert (Gosar)
Bourdeaux (Kuster)
Cardenas (Gomez)
Carl (Joyce (PA))
Cawthorn (Nehls)
Clark (MA) (Kuster)
Cohen (Beyer)
Fallon (Nehls)
Gallego (Gomez)
Garcia (IL) (Gomez)
Garcia (TX) (Jeffries)
Grijalva (Stanton)
Horsford (Jeffries)
Jackson Lee (Butterfield)
Jacobs (NY) (Garbarino)
Johnson (TX) (Jeffries)
Kind (Connolly)
Kirkpatrick (Stanton)
Lawson (FL) (Evans)
Leger Fernandez (Jacobs (CA))
Lieu (Beyer)
Lowenthal (Beyer)
McClain (Bergman)
Meng (Jeffries)
Mullin (Lucas)
Napolitano (Correa)
Owens (Curtis)
Payne (Pallone)
Ruiz (Aguilar)
Rush (Underwood)
Sewell (DelBene)
Steube (Franklin, C. Scott)
Strickland (DelBene)
Timmons (Wilson (SC))
Torres (NY) (Jeffries)
Wilson (FL) (Hayes)
Young (Joyce (OH))
=========================== NOTE ===========================
June 29, 2021, on page H3289, the following appeared: Timmons
Wilson (FL)
The online version has been corrected to read: Timmons (Wilson
(SC))
========================= END NOTE =========================
The SPEAKER pro tempore (Ms. Moore of Wisconsin). The previous
question is ordered on the bill, as amended.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. The question is on passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. KELLER. Madam Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
The vote was taken by electronic device, and there were--yeas 221,
nays 182, not voting 27, as follows:
[Roll No. 195]
YEAS--221
Adams
Aguilar
Allred
Auchincloss
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Bourdeaux
Bowman
Boyle, Brendan F.
Brown
Brownley
Bush
Bustos
Butterfield
Carbajal
Cardenas
Carson
Carter (LA)
Cartwright
Case
Casten
Castor (FL)
Castro (TX)
Chu
Cicilline
Clark (MA)
Clarke (NY)
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Craig
Crist
Crow
Cuellar
Davids (KS)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doyle, Michael F.
Escobar
Eshoo
Espaillat
Evans
Fitzpatrick
Fletcher
Foster
Frankel, Lois
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez, Vicente
Gottheimer
Green, Al (TX)
Grijalva
Harder (CA)
Hayes
Higgins (NY)
Himes
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jacobs (CA)
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Jones
Kahele
Kaptur
Katko
Keating
Kelly (IL)
Khanna
Kildee
Kilmer
Kim (NJ)
Kind
Kirkpatrick
Krishnamoorthi
Kuster
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Leger Fernandez
Levin (CA)
Levin (MI)
Lieu
Lofgren
Lowenthal
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Manning
Matsui
McBath
[[Page H3290]]
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Mfume
Moore (WI)
Morelle
Moulton
Mrvan
Murphy (FL)
Nadler
Napolitano
Neal
Neguse
Newman
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Reed
Rice (NY)
Ross
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Sewell
Sherman
Sherrill
Sires
Slotkin
Smith (WA)
Soto
Spanberger
Speier
Stansbury
Stanton
Stevens
Strickland
Suozzi
Swalwell
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres (NY)
Trahan
Trone
Underwood
Vargas
Veasey
Vela
Velazquez
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Williams (GA)
Wilson (FL)
Yarmuth
NAYS--182
Aderholt
Allen
Amodei
Armstrong
Babin
Bacon
Baird
Balderson
Barr
Bentz
Bergman
Bice (OK)
Biggs
Bilirakis
Bishop (NC)
Boebert
Bost
Brady
Brooks
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Calvert
Cammack
Carl
Carter (TX)
Cawthorn
Chabot
Cheney
Cline
Clyde
Cole
Comer
Crawford
Crenshaw
Curtis
Davidson
Davis, Rodney
Diaz-Balart
Donalds
Duncan
Dunn
Emmer
Estes
Fallon
Feenstra
Ferguson
Fischbach
Fitzgerald
Fleischmann
Fortenberry
Foxx
Franklin, C. Scott
Gaetz
Garbarino
Garcia (CA)
Gibbs
Gimenez
Gonzales, Tony
Gonzalez (OH)
Gooden (TX)
Gosar
Granger
Graves (LA)
Graves (MO)
Green (TN)
Greene (GA)
Griffith
Grothman
Guthrie
Hagedorn
Harris
Harshbarger
Hartzler
Hern
Herrera Beutler
Hill
Hinson
Hollingsworth
Hudson
Huizenga
Jacobs (NY)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Keller
Kelly (MS)
Kelly (PA)
Kim (CA)
Kinzinger
Kustoff
LaHood
LaMalfa
Lamborn
Latta
LaTurner
Lesko
Letlow
Loudermilk
Lucas
Luetkemeyer
Mace
Malliotakis
Mann
Massie
Mast
McCarthy
McCaul
McClain
McClintock
McHenry
McKinley
Meijer
Meuser
Miller (WV)
Miller-Meeks
Moolenaar
Mooney
Moore (UT)
Mullin
Murphy (NC)
Nehls
Newhouse
Norman
Nunes
Obernolte
Owens
Palazzo
Palmer
Pence
Perry
Posey
Reschenthaler
Rice (SC)
Rodgers (WA)
Rogers (AL)
Rogers (KY)
Rosendale
Rouzer
Rutherford
Salazar
Scalise
Schweikert
Scott, Austin
Sessions
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spartz
Stauber
Steel
Stefanik
Steil
Steube
Stewart
Taylor
Tenney
Thompson (PA)
Timmons
Turner
Upton
Valadao
Van Drew
Van Duyne
Wagner
Walorski
Waltz
Webster (FL)
Wenstrup
Westerman
Wilson (SC)
Wittman
Womack
Young
Zeldin
NOT VOTING--27
Arrington
Banks
Carter (GA)
Cloud
DesJarlais
Doggett
Fulcher
Gallagher
Gohmert
Good (VA)
Guest
Herrell
Hice (GA)
Higgins (LA)
Issa
Jackson
Johnson (LA)
Long
Miller (IL)
Moore (AL)
Pfluger
Rose
Roy
Tiffany
Walberg
Weber (TX)
Williams (TX)
{time} 1902
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
MEMBERS RECORDED PURSUANT TO HOUSE RESOLUTION 8, 117TH CONGRESS
Babin (Nehls)
Boebert (Gosar)
Bourdeaux (Kuster)
Cardenas (Gomez)
Carl (Joyce (PA))
Cawthorn (Nehls)
Clark (MA) (Kuster)
Cohen (Beyer)
Fallon (Nehls)
Gallego (Gomez)
Garcia (IL) (Gomez)
Garcia (TX) (Jeffries)
Grijalva (Stanton)
Horsford (Jeffries)
Jackson Lee (Butterfield)
Jacobs (NY) (Garbarino)
Johnson (TX) (Jeffries)
Kind (Connolly)
Kirkpatrick (Stanton)
Lawson (FL) (Evans)
Leger Fernandez (Jacobs (CA))
Lieu (Beyer)
Lowenthal (Beyer)
McClain (Bergman)
Meng (Jeffries)
Mullin (Lucas)
Napolitano (Correa)
Norman (Wilson (SC))
Owens (Curtis)
Payne (Pallone)
Ruiz (Aguilar)
Rush (Underwood)
Sewell (DelBene)
Steube (Franklin, C. Scott)
Strickland (DelBene)
Timmons (Wilson (SC))
Torres (NY) (Jeffries)
Wilson (FL) (Hayes)
Young (Joyce (OH))
____________________