[Congressional Record (Bound Edition), Volume 153 (2007), Part 19]
[House]
[Pages 26299-26315]
[From the U.S. Government Publishing Office, www.gpo.gov]




                IMPROVING GOVERNMENT ACCOUNTABILITY ACT

  The SPEAKER pro tempore. Pursuant to House Resolution 701 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the state of the Union for the consideration of the bill, H.R. 928.

                              {time}  1220


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the state of the Union for the consideration of the bill 
(H.R. 928) to amend the Inspector General Act of 1978 to enhance the 
independence of the Inspectors General, to create a Council of the 
Inspectors General on Integrity and Efficiency, and for other purposes, 
with Mr. Baird in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. Pursuant to the rule, the bill is considered read the 
first time.
  The gentleman from New York (Mr. Towns) and the gentleman from 
Virginia (Mr. Tom Davis) each will control 30 minutes.
  The Chair recognizes the gentleman from New York.
  Mr. TOWNS. Mr. Chairman, at this time I yield 3 minutes to the 
chairman of the full committee, the gentleman from California (Mr. 
Waxman).
  Mr. WAXMAN. Mr. Chairman, I thank Chairman Towns for yielding to me.
  I rise in strong support of H.R. 928, the Improving Government 
Accountability Act. It is a bipartisan bill. It was favorably reported 
by the Oversight Committee on August 2, 2007, with strong support from 
Members across the political spectrum.
  There is a simple reason why this bill has so much support. It 
strengthens the Inspectors General, who are the first line of defense 
against waste, fraud, and abuse in Federal programs.
  The last 6 years have given us examples of Inspectors General at 
their best and at their worst. Stuart Bowen, the Special Inspector 
General for Iraq Reconstruction, has uncovered fraud and saved American 
taxpayers hundreds of millions of dollars. Clark Kent Erving and 
Richard Skinner, the former and current IGs for the Department of 
Homeland Security, have identified billions in wasteful spending in the 
new Department. Glenn Fine at the Department of Justice, Earl Delvaney 
at Interior, and Brian Miller at the General Services Administration 
have all reported courageously on abuses within the agencies they 
oversee. These and other IGs have fought waste, fraud and abuse and 
saved the taxpayers cumulatively billions of dollars.
  Yet there are also IGs who seem more intent on protecting their 
departments from political embarrassment than on doing their jobs. Our 
Oversight Committee is investigating allegations that the State 
Department IG has blocked investigations into contract fraud in Iraq 
and Afghanistan. The Energy and Commerce Committee documented serious 
abuses by the former IG in the Commerce Department. And the Science 
Committee has identified serious questions raised about the close 
relationship of the NASA IG to agency management.
  This bill strengthens the good IGs by giving them greater 
independence. Under this legislation, they can only be removed for 
cause, not for doing their job. And they will now have new budgetary 
independence.
  At the same time, the legislation enacts in statute new mechanisms 
for holding bad IGs to account. The legislation establishes an 
``Integrity Committee'' that will investigate allegations that IGs have 
abused the public trust.
  There have been several key champions of this bill. Representative 
Cooper has worked tirelessly on this issue for years and deserves our 
thanks for his efforts. I would also like to acknowledge Subcommittee 
Chairman Towns for his tremendous leadership in moving this legislation 
forward and Ranking Member Tom Davis for his commitment to strong IGs 
and his many helpful contributions.
  H.R. 928 would make needed improvements to the IG Act, and I urge all 
Members to support it.
  Mr. TOM DAVIS of Virginia. Mr. Chairman, I yield myself such time as 
I may consume.
  I again want to thank Mr. Cooper for introducing this legislation and 
working with us as it moved its way through the subcommittee and 
committee process; Mr. Towns for his leadership; and the chairman of 
the full committee, Mr. Waxman, for his leadership as well.
  Today, we take up H.R. 928, the Improving Government Accountability 
Act of 2007. This legislation is intended to enhance the independence 
of Inspectors General throughout the government to improve their 
ability to monitor and oversee executive branch operations.
  Since the enactment of the Inspector General Act of 1978, Inspectors 
General throughout the government have played an integral role in 
identifying waste and mismanagement in government. IGs have also been 
instrumental in aiding Congress and the executive branch to make 
government more efficient and effective.
  We all agree IGs should operate independently, free from political 
interference. After all, both agency heads and Congress often rely on 
IG reports to provide frank assessments of the effectiveness of Federal 
programs.
  However, Inspectors General should also be part of an agency's 
management structure, part of a team, albeit with some independence, 
rather than a ``fourth branch'' of the Federal Government. If we 
separate the IGs from the day-to-day operations of the agencies they 
oversee, IGs will cease to perform a constructive, integrated role and 
instead will become Monday morning quarterbacks with their function 
solely second-guessing decisions made by agencies.
  Many of the provisions in H.R. 928 will help to enhance the 
effectiveness of the IGs in overseeing Federal agencies and programs. I 
am concerned that

[[Page 26300]]

certain provisions of the legislation go further than I would like in 
isolating IGs, removing them from the agency decision-making process.
  For example, during committee consideration of the legislation, I 
offered an amendment to exempt smaller agency IGs from the ``for 
cause'' removal provision in the bill, thereby reserving the ``for 
cause'' removal threshold only for Cabinet-level agency IGs. The 
purpose of this amendment, which was adopted, I might add, with the 
help of my friends on the other side, was to strike an appropriate 
balance between the need to ensure independence of our Inspectors 
General while at the same time preserving the President's authority 
over employers and officers of the executive branch.
  I also have concerns with a provision that's in the current bill 
authorizing IGs to independently submit their budget requests to 
Congress outside of the traditional Federal budget process. My concerns 
with this new authority pertain more to the logistical nightmare this 
creates rather than any particular objection to increased IG 
independence. After all, having 60 separate budgets for individual 
offices accompanying the President's annual budget submission to 
Congress will only add unnecessary confusion to the already confusing 
Federal budget process. So when Members get the President's budget, 
under the way the law is currently written, they get the Federal budget 
submitted by the President and then 60 separate requests from IGs.
  Now, I intend to offer an amendment, which I am hopeful the other 
side will accept, which goes at least part of the way toward addressing 
the legitimate concerns raised by the administration but getting to the 
points that the author of this bill wanted to get as well.
  In closing, I believe the underlying legislation improves the laws 
governing our IGs. I think some additional changes need to be made as 
it moves forward, but I very much appreciate Mr. Cooper's efforts on 
this bill and his initiative in trying to identify these problems as we 
move through.
  Mr. Chairman, I reserve the balance of my time.
  Mr. TOWNS. Mr. Chairman, I yield myself such time as I may consume.
  H.R. 928, the Improving Government Accountability Act, focuses on the 
important role of the Inspector General in providing independent 
oversight within Federal agencies. By investigating and reporting 
waste, fraud, and abuse to both agency leaders and to the Congress, 
Inspectors General play a critical role in maintaining checks and 
balances in the Federal Government.
  When Congress created the Inspectors General nearly 30 years ago, the 
idea was that having independent officials inside the Federal agency 
would help detect and prevent wasteful spending and mismanagement. This 
concept has been a tremendous success. Investigations by IGs have 
resulted in the recovery of billions of dollars from companies and 
individuals who defrauded the Federal Government.

                              {time}  1230

  These investigations have led to thousands of criminal prosecutions, 
contractor debarments, employee suspensions, and in some instances, 
dismissals.
  In sum, the work of IGs to expose criminal and abusive action in 
government has gone a long way to create the cleaner and more efficient 
government the taxpaying public expects and deserves.
  Of course, even the best systems need some improvement from time to 
time, and that is the reason for this bill today, to effectively carry 
out that mission. Inspectors General must be independent and objective, 
which requires that they be insulated from improper management and 
political pressure.
  To preserve the credibility of the office, Inspectors General must 
also perform their duties with integrity and apply the same standards 
of conduct and accountability to themselves as they apply to the 
agencies that they audit and investigate.
  In recent years, there have been several episodes which raised 
questions about the independence and accountability of IGs. These 
episodes have been well documented in hearings of the Oversight 
Committee as well as other standing committees of the House. In some 
instances, IGs who are seen as too aggressive in pursuing waste at 
their agencies had their budget cut or were threatened with dismissal. 
In other cases, IGs who abused their authority remained in office in 
part because there were no statutory standards or procedures for 
removal. This bill is designed to address both of those problems. H.R. 
928 creates fixed terms of office for Inspectors General and specific 
reasons for their removal. It allows IGs to submit their budget 
requests directly to the Congress. The bill establishes an Inspector 
General council and sets procedures for investigation of potential IG 
misconduct. And the bill increases the rank and pay of IGs as well.
  This is a strong bill and a necessary bill. Passing this bill will 
send a message that Congress values the work of the Inspectors General 
and the oversight that they provide.
  Mr. Chairman, I reserve the balance of my time.
  Mr. TOM DAVIS of Virginia. Mr. Chairman, let me talk, first of all, 
about what the legislation does. It establishes a 7-year term of office 
for the over 60 Inspectors General in the Federal Government. This 
gives them continuity from administration to administration, so they're 
not political lackeys, they are professionals. It limits the 
President's authority to remove a Senate-confirmed IG, and that's about 
half of them, except on certain grounds; for example, permanent 
incapacity, inefficiency, neglect of duty, malfeasance, conviction of a 
felony, or conduct involving moral turpitude. That gives the IGs 
independence from pressure from the appointing administration.
  At the smaller agencies, a different standard applies. There, an IG 
can be removed, but it will require 30-day advance notification to 
Congress before an agency head removes the agency's IG.
  The legislation also authorizes IGs to submit their budget requests 
to Congress independent of the President's budget submission. This is 
something that I'm going to have an amendment on later that I think 
will clarify it.
  This also codifies an executive order establishing the Council of the 
Inspectors General on Integrity and Efficiency. This is a coordinating 
council of Federal IGs, as well as an integrity committee to 
investigate allegations of wrongdoing by IGs. And unfortunately, we see 
that; these people are human beings as well.
  It increases the salary of IGs and prohibits IGs from receiving 
bonuses. It enhances IG power by granting limited personnel authority, 
expanded subpoena authority, and increased ability to deputize IG 
agents.
  It strengthens the GAO's authority to conduct investigations, for 
sworn testimony it requires congressional notification of agency 
noncooperation, and it expands IG ability to pursue false claims and 
recoup losses resulting from fraud.
  Now, the administration has issued a negative statement of policy on 
this for two reasons. One, they don't like the limitation on the 
President's authority to remove executive branch officials. On that, I 
think we have gone overboard, working together, both parties, to try to 
put reasonable limitations, but at the same time maintaining a higher 
level of independence for IGs than you will find at other levels. And I 
think institutionally, as Members of this House, the changes in this 
bill I think are worth supporting, I would oppose the administration in 
that. The second concern is the independent submission of the IG's 
budget to Congress, and we are offering an amendment to try to clarify 
that, which I will speak on later.
  Once again, this legislation was introduced by Representative Jim 
Cooper from Tennessee in February. It was approved by our committee by 
a voice vote in August. In addition to a substitute offered by 
Representative Cooper, which made a number of technical changes, the 
committee did adopt an amendment offered by me to limit the application 
of removal for cause in a

[[Page 26301]]

way that I think we are all comfortable with.
  So, again, I want to thank the players who have brought this to this 
stage.
  Mr. Chairman, I reserve the balance of my time.
  Mr. TOWNS. Mr. Chairman, I yield 5\1/2\ minutes to the gentleman from 
Tennessee, who has been very instrumental in bringing forth this 
legislation, Mr. Cooper.
  Mr. COOPER. I would first like to thank the subcommittee chairman, my 
friend, Mr. Towns, for doing an outstanding job on this and other 
legislation. I want to thank the ranking member, Mr. Davis, who has 
been particularly accommodating in working on this bill to do a better 
job for the Federal taxpayer. That's what this is all about, making 
government work better. If there has ever been a good government 
measure, this is it.
  I also want to thank the full committee chairman, Mr. Waxman, who was 
so helpful in so many ways, and the outstanding staff of this 
committee, the Government Reform Committee. There is none better on the 
Hill, perhaps in the history of the Hill, so we are very proud of their 
work.
  Finally, let me thank my personal staff, my legislative director, 
Cicely Simpson. She has been a tireless champion of this bill, and even 
her predecessor, Anne Kim.
  Sadly, this good government measure has taken years to come to the 
floor and to be passed by the House of Representatives, but now we're 
making progress, and the Federal taxpayer will benefit as a result.
  Now, why do I say this is such a good government measure? There are 
some 58 IGs scattered throughout the Federal Government. They are the 
fiscal watchdogs for the taxpayer. They are the first line of defense 
against fraud, waste and mismanagement in Federal Government. These IGs 
and their staff save many, many times more money than their salary cost 
or their benefit cost. These are the folks who see the fraud first and 
catch it before it gets too big.
  Let me give you an example. In today's Washington Post, there is a 
new GAO study that comes out and it says, Federal officials too often 
flying first and business class, GAO finds, their leg room and your tax 
dollars.
  The GAO has found that $146 million was spent just in the last year 
for improper Federal first class and business travel. They could go 
through agency after agency naming executives who have abused the 
Federal credit card. This is an outrage. Now, by Federal standards, 
this is a relatively small outrage, but this is the sort of stuff that 
needs to be caught and caught early.
  This is also why we need Inspector General independence, because 
they're not going to be popular when they point out to their agency 
head or other senior officials in Federal Government that they 
shouldn't have been flying first class. That endangers the IG's 
position because that is not a popular thing to do.
  One of the folks here was caught flying his entire family of eight 
from Washington, DC to Eastern Europe first class. That's wrong. And 
I'm sure the Federal executive wanted to take his whole family first 
class, but these are Federal tax dollars at stake.
  So this is a very important bill. It is very important to update the 
original IG legislation. It has been on the books since 1978. Problems 
have occurred since then, and now we will fix those problems.
  Now, it has been noted here today by the ranking member, and I 
appreciate his courage in opposing the administration veto on this, the 
veto threat. A SAP has been issued, a Statement of Administration 
Policy, and in my opinion, at least, the grounds for this threatened 
veto are remarkably flimsy. So I hope that the Members listening back 
in their offices and their staff, particularly across the aisle, will 
pay close attention to the reasons that the administration says it 
objects to this reform legislation and to figure out whether those 
reasons are really valid.
  There are two fundamental grounds. First of all, they object to ``for 
cause'' dismissal. I think perhaps the Bush administration feels this 
is somehow aimed at them. It's not. Everyone knows that by the time 
this legislation is fully administered, the next administration will be 
in place. This legislation is really designed to help all 
administrations, whatever their political stripe. So it's very 
important to realize that the ``for cause'' language that the 
administration objects to has already been removed at the urging of the 
ranking member, due to his excellent amendment in committee, for half 
of the IG agencies. It only remains for the Cabinet-level agencies. 
Why? Because those folks should have a 7-year term and have full 
political independence so that they can make the tough calls, even if 
it means denying a Cabinet Secretary first-class airfare to Europe. 
They need independence.
  The second grounds that the administration has posed for objecting to 
this legislation is they shouldn't have separate budget submissions. 
Now, I was down eating lunch with one of my colleagues a few minutes 
ago, and he had the mistaken notion that somehow this would be an 
entire separate budget for the entire agency. That's not true. This is 
just the IG's own budget for the IG and his or her staff. So that's a 
very modest request, that the IG cannot be pressured by the agency 
head. So that, to me, also is a pretty flimsy ground for objecting to 
this legislation.
  So, I would urge all Members to take a close look. This is good 
government legislation. This will save the taxpayer billions of 
dollars, according to the committee report. Just last year, IG 
recommendations saved $9.9 billion in audit recommendations and $6.8 
billion in investigative recoveries. That's $15 billion-plus for the 
Federal taxpayer. We need to be saving much more money like this, and 
IGs and this bill can do it.
  Mr. TOM DAVIS of Virginia. Mr. Chairman, may I inquire as to how much 
time is remaining.
  The CHAIRMAN. The gentleman from Virginia has 23\1/2\ minutes 
remaining.
  Mr. TOM DAVIS of Virginia. I yield 2 minutes to the gentleman from 
Connecticut (Mr. Shays), a cosponsor of this bill.
  Mr. SHAYS. I thank the gentleman for yielding.
  I want to first congratulate Mr. Cooper for moving forward with this 
legislation and reaching out to both sides of the aisle to sponsor it. 
This is, in fact, two days in a row that we've seen a nice bipartisan 
bill coming to the floor of the House, and I want to thank Mr. Cooper 
for his reaching out to both sides of the aisle and for his good work 
over many, many years on substantive issues like this.
  I want to say as well that the GAO, which was the General Accounting 
Office, now the Government Accountability Office, and the Inspectors 
General have done excellent jobs. We have turned to them, particularly 
in our Government Reform Committee, continually. But I think this truly 
does strengthen the bill, and I thank Mr. Towns, who has been a long-
time member of the committee, for marshalling this important bill 
through.
  The bottom line for me is, Inspectors General already do a very good 
job, except in one or two places where they feel a little too 
encumbered by the management to be as independent as we would like them 
to be. This guarantees that every department will be a bit more 
independent. And all the reasons that my ranking member, who has been 
so instrumental in legislation like this and helpful in bringing this 
bill out, all the reasons he pointed out, I just will emphasize, 
though, the one that I like the best is the independence of this 
office.
  Mr. TOWNS. Mr. Chairman, I yield 3 minutes to Mr. Yarmuth, the 
gentleman from Kentucky.
  Mr. YARMUTH. I thank the gentleman.
  Mr. Chairman, I rise today in strong support of H.R. 928, the 
Improving Government Accountability Act.
  Because America's Founders were freshly freed from the shackles of 
British oppression when they formed this Nation, safeguards against the 
consolidation of power into the hands of a few can be found everywhere 
in the Constitution, beginning with article I; 220

[[Page 26302]]

years later, we still must strive for those checks and balances in 
order to form the more perfect union the Founding Fathers envisioned.
  For nearly 30 years, 1978's Inspector General Act provided much of 
the oversight required for our government to function as the 
Forefathers imagined, but today, some Inspectors General would rather 
impede oversight than conduct it. What else should we expect when we 
have no protections from the protectors?
  We have unaccountable appointees in nearly every executive Department 
and agency, and many serve not to prevent corruption but to preserve 
it. These are not cases of individuals merely failing to fulfill their 
job descriptions, but actually instigating the waste, fraud and abuse 
the American people pay them to ward off. These unchecked appointees 
have hindered valid investigations, siphoned tax dollars for personal 
pleasures, and refused to uphold accountability for fellow political 
appointees. Honest civil servants who have dedicated their lives to 
improving our government are victims of intimidation, threats and 
termination. And despite these blatant offenses, our hands are tied. 
There is no line of defense for the American people.
  We have gone far astray from the noble aims of this Republic. And let 
me be clear, this is not a simple case of a few bad apples. The abuses 
within the Inspectors General offices were invited by the cracks in a 
failing structure, and they will continue to grow unless we, in this 
body, take steps to fix the crumbling construction.

                              {time}  1245

  The Improving Government Accountability Act begins to correct these 
weaknesses and in so doing fulfills the intent of the Inspector General 
Act of 1978 and once again upholds the integrity of this Nation's proud 
creation. The Founders were very clear from the first article of the 
Constitution in which they granted all legislative powers not to an 
executive with a consolidated power, but to the Congress.
  I strongly urge my colleagues to join me in utilizing the authority 
to preserve the checks and balances that our Constitution's crafters 
held so dear.
  Mr. TOM DAVIS of Virginia. Mr. Chairman, how much time do I have 
remaining?
  The CHAIRMAN. The gentleman from Virginia has 21\1/2\ minutes. The 
gentleman from New York has 15\1/2\ minutes.
  Mr. TOM DAVIS of Virginia. I reserve the balance of my time.
  Mr. TOWNS. I have no further speakers.
  Mr. TOM DAVIS of Virginia. If the gentleman has no further speakers, 
I will take a minute and sum up and yield back.
  Let me just say again, I want to thank the author of this 
legislation. I want to thank Mr. Towns for moving this through 
subcommittee and Chairman Waxman. I just want to note, for IGs to work 
successfully, they need to work with their agencies. I think however we 
write the law, the President that appoints and the Senate that 
confirms, we need to look for more accountants.
  Frankly, we have seen a surge of people coming out of the U.S. 
Attorney's offices, and they make this more adversarial than it needs 
to be. A good IG is going to work with their agency to identify waste, 
fraud and abuse, not enter into a gotcha mentality. For government to 
work, you need them all working together. You need an independent IG, 
there is no question about that. But the person in that office ought to 
be right there with the agency head making sure that things work. That 
doesn't always happen. I don't think we can write any law that makes 
that happen. That is going to depend on the goodwill of the people, the 
agency heads and the IGs working together. But I think this legislation 
goes a long way toward establishing that independence, giving the IG 
the authority that they need. But the rest is going to be up to the 
appointing President and the confirming Senate to get the right people 
in these jobs, professionals who want to be a part of government and 
making it work efficiently for the taxpayer.
  Mr. Chairman, I yield back the balance of my time.
  Mr. TOWNS. Mr. Chairman, I think this legislation is a giant step in 
the right direction. I would like to thank the chairman of the full 
committee, Congressman Waxman. I would like to thank Congressman Davis, 
the ranking member. I would like to thank subcommittee ranking member, 
Congressman Bilbray from California. Of course, I would like to thank 
Mr. Cooper for all of his work on this legislation. And I would like to 
thank the staff for all of their work in terms of making certain that 
we were able to come today. I want to thank the sponsors for this bill. 
Mr. Cooper and I and our colleagues across the aisle have been very 
open to getting input and making changes to this bill. This is what the 
legislative process is all about, exchanging ideas, sharing 
information, and trying to improve the legislation. I think the end 
result in this bill will increase the Office of Inspector Generals and 
give them the kind of independence that they need to be able to do the 
efficient work that is so required. I am excited about the 
possibilities, of course, and I encourage all my colleagues to support 
this legislation.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I rise today in strong 
support of H.R. 298, the Improving Government Accountability Act. I 
would like to thank my colleague, Congressman Cooper, for introducing 
this important legislation, as well as the Chairman of the House 
Oversight and Government Reform Committee, Congressman Waxman, for his 
leadership in bringing this important issue to the floor.
  Mr. Chairman, Inspectors General play a vital role for the U.S. 
taxpayer. Their work is crucial in preventing and detecting waste, 
fraud, and abuse in federal programs. In 2006 alone, audits by 
Inspector General offices resulted in potential savings from audit 
recommendations of $9.9 billion and criminal recoveries of $6.8 
billion. However, in order to effectively carry out their mission, 
Inspectors General must be independent and objective, which requires 
that they be insulated from improper management and political pressure.
  The legislation we have before us today contains a number of 
important provisions designed to enhance the effectiveness and 
independence of Inspectors General, as well as provisions to enhance 
the accountability of the entire Inspector General system. It updates 
the Inspector General Act of 1978 to promote independence and 
accountability for Inspectors General in executive branch departments 
and agencies.
  Mr. Chairman, there are many badly needed reforms to the Inspector 
General system that this legislation directly addresses. It defines the 
terms of office for Inspector Generals as fixed seven-year terms, 
helping to insulate Inspectors General from political retribution. It 
goes on to enumerate conditions for removal of Inspectors General, who 
currently serve at the pleasure of their appointing authorities, 
allowing for their termination before the end of their terms only for 
serious cause, such as malfeasance, permanent disability, inefficiency, 
neglect of duty, or conviction of a felony. Both of these provisions 
will go a long way in enhancing the ability of Inspectors General to 
remain politically independent.
  In addition, this legislation requires Inspectors General to submit 
their budgets to the Office of Management and Budget (OMB) and 
Congress. This provision is intended to deter officials in their 
respective agencies from slashing their funding in retaliation for 
unfavorable audits, further enhancing the independence of Inspectors 
General.
  Mr. Chairman, recently, concerns have been raised about possible 
misconduct by certain Inspectors General. This legislation, therefore, 
includes provisions to raise the level of accountability of the 
Inspectors General system. To cite a recent example, last week seven 
current and former members of the State Department's Inspector General 
office alleged that Inspector General Howard Krongard repeatedly 
thwarted investigations into alleged contact fraud in Iraq and 
Afghanistan, including refusing to send investigators to Iraq and 
Afghanistan to investigate $3 billion worth of State Department 
contracts. These employees allege that Krongard's partisan political 
ties have led him to thwart these investigations in order to protect 
the Bush Administration from political embarrassment.
  Mr. Chairman, as you are well aware, these are extremely serious 
accusations that go deep into the heart of our Inspector General 
system. If those we are entrusting to remain independent and objective 
are instead being swayed by political ties, then our Inspector

[[Page 26303]]

General system is broken. In the wake of the recent Baghdad shootout 
involving U.S. contractors from the private firm Blackwater USA, in 
which 17 people were killed and 24 were injured, it is imperative that 
all agencies sending contractors to Iraq and Afghanistan be able to 
maintain sufficient oversight of these contracts. If Inspectors General 
cannot do their job because of political pressure or affiliation, it is 
our responsibility to fix the Inspector General system.
  To do so, this bill contains provisions to hold Inspectors General 
themselves accountable for their decisions and actions. It also 
provides a mechanism for investigating and resolving allegations of 
misconduct by Inspectors General. The bill creates an Inspectors 
General Council and requires the Council to appoint an Integrity 
Committee, chaired by the Council's FBI representative. This Integrity 
Committee shall investigate any allegations of wrongdoing made against 
Inspectors General or their senior staff members and report 
substantiated allegations to the executive branch. Reports of Integrity 
Committee investigations must be submitted to both the Executive 
Chairperson of the Council and to Congress.
  Mr. Chairman, we rely on the system of Inspectors General, and on the 
individuals who serve in this capacity, to serve as the principal 
watchdogs of the nation's major federal agencies. In 2006 alone, audits 
by Inspector General offices resulted in potential savings from audit 
recommendations of $9.9 billion and criminal recoveries of $6.8 
billion. To effectively carry out this crucial mission, it is 
imperative that Inspectors General remain independent and objective, 
which in turn requires that they be insulated from improper management 
and political pressure.
  This legislation is a crucial step forward. By enhancing the 
independence of the Inspectors General and improving the accountability 
of the Inspector General system overall, this legislation will have a 
positive impact on the integrity and accountability of our government. 
I strongly support this legislation, and I urge my colleagues to do the 
same.
  Mrs. MALONEY of New York. Mr. Chairman, I rise today in strong 
support of H.R. 928, the ``Improving Government Accountability Act.'' I 
commend Chairman Waxman for his leadership on the Oversight and 
Government Reform Committee, of which I am a member, and for his 
efforts to ensure that the government is working for the American 
people. This legislation includes provisions of a bill that I 
introduced earlier this year which will provide for the enhanced 
protection of the Internal Revenue Service and its employees.
  In 1998, Congress passed the Internal Revenue Service Restructuring 
and Reform Act, which created the Treasury Inspector General for Tax 
Administration (TIGTA). The legislation gave TIGTA the responsibility 
for protecting the Internal Revenue Service (IRS) against external 
attempts to corrupt or threaten IRS employees. At the same time, it 
excluded the provision of providing ``physical security'' from TIGTA's 
responsibilities.
  Prior to the enactment of this law, the former IRS Inspection Service 
had been responsible for protecting the IRS against external attempts 
to corrupt or threaten IRS employees. The IRS Inspection Service was 
responsible for providing armed escorts for IRS employees who were 
specifically threatened or who were contacting individuals designated 
as ``Potentially Dangerous Taxpayers.'' The law transferred most of 
those duties to the new Treasury Inspector General for Tax 
Administration. Inexplicably, ``physical security'' was excluded from 
TIGTA's statutory responsibilities.
  In its current statutory mission, TIGTA investigates all allegations 
of threats or assaults involving IRS employees and assists U.S. 
Attorneys' offices with appropriate prosecutions. However, if TIGTA 
determines that any of the threats or assaults it investigates call for 
the provision of physical security, the language of the 1998 law 
precludes TIGTA from taking action.
  Authorizing TIGTA to have armed escort authority would be both more 
efficient and more effective in advancing tax administration and 
ensuring the safety of IRS employees.
  I want to thank Chairman Waxman and Ranking Member Davis for their 
support of this provision, and I urge my colleagues to support H.R. 
928.
  Mr. TOWNS. Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. All time for general debate has expired.
  Pursuant to the rule, the amendment in the nature of a substitute 
printed in the bill shall be considered as an original bill for the 
purpose of amendment under the 5-minute rule and shall be considered 
read.
  The text of the committee amendment is as follows:

                                H.R. 928

       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 ``Improving 
     Government Accountability Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Enhancing independence of Inspectors General.
Sec. 3. Direct submission of budget requests to Congress.
Sec. 4. Establishment of Council of the Inspectors General on Integrity 
              and Efficiency.
Sec. 5. Pay and bonuses of Inspectors General.
Sec. 6. Miscellaneous enhancements.
Sec. 7. Program Fraud Civil Remedies Act.
Sec. 8. Application of semiannual reporting requirements with respect 
              to inspection reports and evaluation reports.

     SEC. 2. ENHANCING INDEPENDENCE OF INSPECTORS GENERAL.

       (a) Removal for Cause.--The Inspector General Act of 1978 
     (5 U.S.C. App.) is amended--
       (1) in section 3(b) by adding at the end the following: 
     ``An Inspector General may be removed from office prior to 
     the expiration of his or her term only on any of the 
     following grounds:
       ``(1) Permanent incapacity.
       ``(2) Inefficiency.
       ``(3) Neglect of duty.
       ``(4) Malfeasance.
       ``(5) Conviction of a felony or conduct involving moral 
     turpitude.''; and
       (2) in section 8G(e) by striking ``an Inspector General'' 
     and all that follows through the period at the end and 
     inserting the following: ``the head of a designated Federal 
     entity intends to remove an Inspector General from office or 
     transfer an Inspector General to another position or location 
     within such designated Federal entity, the head of such 
     entity shall communicate in writing the reasons for any such 
     removal or transfer to both Houses of Congress at least 30 
     days before such removal or transfer.''.
       (b) Establishment of Terms of Office.--The Inspector 
     General Act of 1978 (5 U.S.C. App.) is amended--
       (1) in section 3 by adding at the end the following:
       ``(e)(1) The term of office of each Inspector General shall 
     be seven years. An individual may serve for more than one 
     term in such office. Any individual appointed and confirmed 
     to fill a vacancy in such position, occurring before the 
     expiration of the term for which his or her predecessor was 
     appointed, shall be appointed and confirmed for a full seven-
     year term.
       ``(2) An individual may continue to serve as Inspector 
     General beyond the expiration of the term for which the 
     individual is appointed until a successor is appointed and 
     confirmed, except that such individual may not continue to 
     serve for more than 1 year after the date on which the term 
     would otherwise expire under paragraph (1).''; and
       (2) in section 8G(c) by inserting ``(1)'' after ``(c)'', 
     and by adding at the end the following:
       ``(2) The term of office of each Inspector General shall be 
     seven years. An individual may serve for more than one term 
     in such office. Any individual appointed to fill a vacancy in 
     such position, occurring before the expiration of the term 
     for which his or her predecessor was appointed, shall be 
     appointed for a full 7-year term.''.
       (c) Application.--The amendments made by this section shall 
     apply to any Inspector General appointed on or after the date 
     of the enactment of this Act.

     SEC. 3. DIRECT SUBMISSION OF BUDGET REQUESTS TO CONGRESS.

       Section 6 of the Inspector General Act of 1978 (5 U.S.C. 
     App.) is amended by adding at the end the following:
       ``(f)(1) For each fiscal year, an Inspector General may 
     transmit an appropriation estimate and request to the 
     Director of the Office of Management and Budget and to the 
     appropriate committees or subcommittees of the Congress, in 
     addition to any appropriation estimate and request submitted 
     to the head of the establishment concerned.
       ``(2) The President shall include in each budget of the 
     United States Government submitted to the Congress--
       ``(A) a separate statement of the amount of appropriations 
     requested by each Inspector General who has submitted an 
     appropriation estimate under paragraph (1); and
       ``(B) a statement comparing each such appropriation 
     estimate and request submitted by an Inspector General and 
     the funds requested by the head of the establishment 
     concerned.''.

     SEC. 4. ESTABLISHMENT OF COUNCIL OF THE INSPECTORS GENERAL ON 
                   INTEGRITY AND EFFICIENCY.

       (a) Establishment.--The Inspector General Act of 1978 (5 
     U.S.C. App.) is amended by redesignating sections 11 and 12 
     in order as sections 12 and 13, and by inserting after 
     section 10 the following new section:


 ``ESTABLISHMENT OF THE COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY 
                             AND EFFICIENCY

       ``Sec. 11.  (a) Establishment.--There is established as an 
     independent entity within the executive branch the Inspectors 
     General Council (in this section referred to as the 
     `Council'). The Council's mission shall be to increase the 
     professionalism and effectiveness of personnel by developing 
     policies, standards, and approaches to

[[Page 26304]]

     aid in the establishment of a well-trained and highly skilled 
     workforce in the offices of the Inspectors General.
       ``(b) Membership.--
       ``(1) In general.--The Council shall consist of the 
     following members:
       ``(A) All Inspectors General whose offices are established 
     under--
       ``(i) section 2; or
       ``(ii) section 8G.
       ``(B) The Inspectors General of the Central Intelligence 
     Agency and the Government Printing Office.
       ``(C) The Controller of the Office of Federal Financial 
     Management.
       ``(D) A senior level official of the Federal Bureau of 
     Investigation designated by the Director of the Federal 
     Bureau of Investigation.
       ``(E) The Director of the Office of Government Ethics.
       ``(F) The Special Counsel of the Office of Special Counsel.
       ``(G) The Deputy Director of the Office of Personnel 
     Management.
       ``(H) The Deputy Director for Management of the Office of 
     Management and Budget.
       ``(2) Chairperson and executive chairperson.--
       ``(A) Executive chairperson.--The Deputy Director for 
     Management of the Office of Management and Budget shall be 
     the Executive Chairperson of the Council.
       ``(B) Chairperson.--The Council shall elect one of the 
     Inspectors General referred to in paragraph (1)(A) or (B) to 
     act as Chairperson of the Council. The term of office of the 
     Chairperson shall be two years.
       ``(3) Functions of chairperson and executive chairperson.--
       ``(A) Executive chairperson.--The Executive Chairperson 
     shall--
       ``(i) preside over meetings of the Council;
       ``(ii) provide to the heads of agencies and entities 
     represented on the Council summary reports of the activities 
     of the Council; and
       ``(iii) provide to the Council such information relating to 
     the agencies and entities represented on the Council as will 
     assist the Council in performing its functions.
       ``(B) Chairperson.--The Chairperson shall--
       ``(i) convene meetings of the Council--

       ``(I) at least six times each year;
       ``(II) monthly to the extent possible; and
       ``(III) more frequently at his or her discretion;

       ``(ii) exercise the functions and duties of the Council 
     under subsection (c);
       ``(iii) appoint a Vice Chairperson to assist in carrying 
     out the functions of the Council and act in the absence of 
     the Chairperson, from a category of Inspectors General 
     described in subparagraph (A)(i), (A)(ii), or (B) of 
     subsection (b)(1), other than the category from which the 
     Chairperson was elected;
       ``(iv) make such payments from funds otherwise available to 
     the Council as may be necessary to carry out the functions of 
     the Council;
       ``(v) select, appoint, and employ personnel as needed to 
     carry out the functions of the Council subject to the 
     availability of appropriations and the provisions of title 5, 
     United States Code, governing appointments in the competitive 
     service, and the provisions of chapter 51 and subchapter III 
     of chapter 53 of such title, relating to classification and 
     General Schedule pay rates;
       ``(vi) to the extent and in such amounts as may be provided 
     in advance by appropriations Acts, enter into contracts and 
     other arrangements with public agencies and private persons 
     to carry out the functions and duties of the Council;
       ``(vii) establish, in consultation with the members of the 
     Council, such committees as determined by the Chairperson to 
     be necessary and appropriate for the efficient conduct of 
     Council functions; and
       ``(viii) prepare and transmit a report annually on behalf 
     of the Council to the President on the activities of the 
     Council.
       ``(c) Functions and Duties of Council.--
       ``(1) In general.--The Council shall--
       ``(A) continually identify, review, and discuss areas of 
     weakness and vulnerability in Federal programs and operations 
     with respect to fraud, waste, and abuse;
       ``(B) develop plans for coordinated, Government-wide 
     activities that address these problems and promote economy 
     and efficiency in Federal programs and operations, including 
     interagency and inter-entity audit, investigation, 
     inspection, and evaluation programs and projects to deal 
     efficiently and effectively with those problems concerning 
     fraud and waste that exceed the capability or jurisdiction of 
     an individual agency or entity;
       ``(C) develop policies that will aid in the maintenance of 
     a corps of well-trained and highly skilled Office of 
     Inspector General personnel;
       ``(D) maintain an Internet Web site and other electronic 
     systems for the benefit of all Inspectors General, as the 
     Council determines are necessary or desirable;
       ``(E) maintain one or more academies as the Council 
     considers desirable for the professional training of 
     auditors, investigators, inspectors, evaluators, and other 
     personnel of the various offices of Inspector General; and
       ``(F) make such reports to the Congress as the Chairperson 
     determines are necessary or appropriate.
       ``(2) Adherence and participation by members.--Each member 
     of the Council should, to the extent permitted under law, and 
     to the extent not inconsistent with standards established by 
     the Comptroller General of the United States for audits of 
     Federal establishments, organizations, programs, activities, 
     and functions, adhere to professional standards developed by 
     the Council and participate in the plans, programs, and 
     projects of the Council.
       ``(3) Existing authorities and responsibilities.--The 
     creation and operation of the Council--
       ``(A) shall not affect the preeminent policy-setting role 
     of the Department of Justice in law enforcement and 
     litigation;
       ``(B) shall not affect the authority or responsibilities of 
     any Government agency or entity; and
       ``(C) shall not affect the authority or responsibilities of 
     individual members of the Council.
       ``(d) Integrity Committee.--
       ``(1) Establishment.--The Council shall have an Integrity 
     Committee, which shall receive, review, and refer for 
     investigation allegations of wrongdoing that are made against 
     Inspectors General and certain staff members of the various 
     Offices of Inspector General.
       ``(2) Membership.--The Integrity Committee shall consist of 
     the following members:
       ``(A) The official of the Federal Bureau of Investigation 
     serving on the Council, who shall serve as Chairperson of the 
     Integrity Committee.
       ``(B) 3 or more Inspectors General described in 
     subparagraph (A) or (B) of subsection (b)(1) appointed by the 
     Chairperson of the Council, representing both establishments 
     and designated Federal entities (as that term is defined in 
     section 8G(a)).
       ``(C) The Special Counsel of the Office of Special Counsel.
       ``(D) The Director of the Office of Government Ethics.
       ``(3) Legal advisor.--The Chief of the Public Integrity 
     Section of the Criminal Division of the Department of 
     Justice, or his designee, shall serve as a legal advisor to 
     the Integrity Committee.
       ``(4) Referral of allegations.--
       ``(A) Requirement.--An Inspector General shall refer to the 
     Integrity Committee any allegation of wrongdoing against a 
     staff member of his or her office, if--
       ``(i) review of the substance of the allegation cannot be 
     assigned to an agency of the executive branch with 
     appropriate jurisdiction over the matter; and
       ``(ii) the Inspector General determines that--

       ``(I) an objective internal investigation of the allegation 
     is not feasible; or
       ``(II) an internal investigation of the allegation may 
     appear not to be objective.

       ``(B) Staff member defined.--In this subsection the term 
     `staff member' means--
       ``(i) any employee of an Office of Inspector General who 
     reports directly to an Inspector General; or
       ``(ii) who is designated by an Inspector General under 
     subparagraph (C).
       ``(C) Designation of staff members.--Each Inspector General 
     shall annually submit to the Chairperson of the Integrity 
     Committee a designation of positions whose holders are staff 
     members for purposes of subparagraph (B).
       ``(5) Review of allegations.--The Integrity Committee 
     shall--
       ``(A) review all allegations of wrongdoing it receives 
     against an Inspector General, or against a staff member of an 
     Office of Inspector General; and
       ``(B) refer to the Chairperson of the Integrity Committee 
     any allegation of wrongdoing determined by the Integrity 
     Committee to be meritorious that cannot be referred to an 
     agency of the executive branch with appropriate jurisdiction 
     over the matter.
       ``(6) Authority to investigate allegations.--
       ``(A) Requirement.--The Chairperson of the Integrity 
     Committee shall cause a thorough and timely investigation of 
     each allegation referred under paragraph (5)(B) to be 
     conducted in accordance with this paragraph.
       ``(B) Resources.--At the request of the Chairperson of the 
     Integrity Committee, the head of each agency or entity 
     represented on the Council--
       ``(i) may provide resources necessary to the Integrity 
     Committee; and
       ``(ii) may detail employees from that agency or entity to 
     the Integrity Committee, subject to the control and direction 
     of the Chairperson, to conduct an investigation pursuant to 
     this subsection.
       ``(7) Procedures for investigations.--
       ``(A) Standards applicable.--Investigations initiated under 
     this subsection shall be conducted in accordance with the 
     most current Quality Standards for Investigations issued by 
     the Council or by its predecessors (the President's Council 
     on Integrity and Efficiency and the Executive Council on 
     Integrity and Efficiency).
       ``(B) Additional policies and procedures.--The Integrity 
     Committee, in conjunction with the Chairperson of the 
     Council, shall establish additional policies and procedures 
     necessary to ensure fairness and consistency in--
       ``(i) determining whether to initiate an investigation;
       ``(ii) conducting investigations;
       ``(iii) reporting the results of an investigation; and
       ``(iv) providing the person who is the subject of an 
     investigation with an opportunity to respond to any Integrity 
     Committee report.
       ``(C) Report.--With respect to any investigation that 
     substantiates any allegation referred to the Chairperson of 
     the Integrity Committee under paragraph (5)(B), the 
     Chairperson of the Integrity Committee shall--
       ``(i) submit to the Executive Chairperson of the Council a 
     report on the results of such investigation, within 180 days 
     (to the maximum

[[Page 26305]]

     extent practicable) after the completion of the 
     investigation; and
       ``(ii) submit to Congress a copy of such report within 30 
     days after the submission of such report to the Executive 
     Chairperson under clause (i).
       ``(8) No right or benefit.--This subsection is not intended 
     to create any right or benefit, substantive or procedural, 
     enforceable at law by a person against the United States, its 
     agencies, its officers, or any person.
       ``(e) Application.--The provisions of this section apply 
     only to the Inspectors General (and their offices) listed in 
     subsection (b)(1)(A) and (B).''.
       (b) Existing Executive Orders.--Executive Order 12805, 
     dated May 11, 1992, and Executive Order 12993, dated March 
     21, 1996, shall have no force or effect.
       (c) Conforming Amendments.--
       (1) Inspector general act of 1978.--The Inspector General 
     Act of 1978 (5 U.S.C. App.) is amended--
       (A) in sections 2(1), 4(b)(2), and 8G(a)(1)(A) by striking 
     ``section 11(2)'' each place it appears and inserting 
     ``section 12(2)''; and
       (B) in section 8G(a), in the matter preceding paragraph 
     (1), by striking ``section 11'' and inserting ``section 12''.
       (2) Title 31, u.s.c.--Section 1105(a) of title 31, United 
     States Code, is amended by striking the first paragraph (33) 
     and inserting the following:
       ``(33) a separate appropriation account for appropriations 
     for the Inspectors General Council, and, included in that 
     account, a separate statement of the aggregate amount of 
     appropriations requested for each academy maintained by the 
     Inspectors General Council.''.

     SEC. 5. PAY AND BONUSES OF INSPECTORS GENERAL.

       (a) Prohibition of Cash Bonus or Awards.--Section 3 of the 
     Inspector General Act of 1978 (5 U.S.C. App.), as amended by 
     the preceding provisions of this Act, is further amended by 
     adding at the end the following:
       ``(f) An Inspector General (as defined under section 
     8G(a)(6) or 11(3)) may not receive any cash award or cash 
     bonus, including any cash award under chapter 45 of title 5, 
     United States Code.''.
       (b) Inspectors General at Level III of Executive 
     Schedule.--
       (1) In general.--Section 3 of the Inspector General Act of 
     1978 (5 U.S.C. App.), as amended by the preceding provisions 
     of this Act, is further amended by adding at the end the 
     following:
       ``(g) The annual rate of basic pay for an Inspector General 
     (as defined under section 11(3)) shall be the rate payable 
     for level III of the Executive Schedule under section 5314 of 
     title 5, United States Code, plus 3 percent.''.
       (2) Conforming amendment.--Section 5315 of title 5, United 
     States Code, is amended by striking the item relating to each 
     of the following positions:
       (A) Inspector General, Department of Education.
       (B) Inspector General, Department of Energy.
       (C) Inspector General, Department of Health and Human 
     Services.
       (D) Inspector General, Department of Agriculture.
       (E) Inspector General, Department of Housing and Urban 
     Development.
       (F) Inspector General, Department of Labor.
       (G) Inspector General, Department of Transportation.
       (H) Inspector General, Department of Veterans Affairs.
       (I) Inspector General, Department of Homeland Security.
       (J) Inspector General, Department of Defense.
       (K) Inspector General, Department of State.
       (L) Inspector General, Department of Commerce.
       (M) Inspector General, Department of the Interior.
       (N) Inspector General, Department of Justice.
       (O) Inspector General, Department of the Treasury.
       (P) Inspector General, Agency for International 
     Development.
       (Q) Inspector General, Environmental Protection Agency.
       (R) Inspector General, Export-Import Bank.
       (S) Inspector General, Federal Emergency Management Agency.
       (T) Inspector General, General Services Administration.
       (U) Inspector General, National Aeronautics and Space 
     Administration.
       (V) Inspector General, Nuclear Regulatory Commission.
       (W) Inspector General, Office of Personnel Management.
       (X) Inspector General, Railroad Retirement Board.
       (Y) Inspector General, Small Business Administration.
       (Z) Inspector General, Tennessee Valley Authority.
       (AA) Inspector General, Federal Deposit Insurance 
     Corporation.
       (BB) Inspector General, Resolution Trust Corporation.
       (CC) Inspector General, Central Intelligence Agency.
       (DD) Inspector General, Social Security Administration.
       (EE) Inspector General, United States Postal Service.
       (3) Savings provision.--Nothing in this subsection shall 
     have the effect of reducing the rate of pay of any individual 
     serving as an Inspector General on the effective date of this 
     subsection.
       (c) Inspectors General of Designated Federal Entities.--
     Notwithstanding any other provision of law, the Inspector 
     General of each designated Federal entity (as those terms are 
     defined under section 8G of the Inspector General Act of 
     1978) shall, for pay and all other purposes, be classified at 
     a grade, level, or rank designation, as the case may be, 
     comparable to those of a majority of the senior staff members 
     of such designated Federal entity (such as, but not limited 
     to, a General Counsel, Deputy Director, or Chief of Staff) 
     that report directly to the head of such designated Federal 
     entity. The head of a designated Federal entity shall set the 
     annual rate of basic pay for an Inspector General (as defined 
     under such section 8G) 3 percent above the annual rate of 
     basic pay for senior staff members classified at a comparable 
     grade, level, or rank designation (or, if those senior staff 
     members receive different rates, the annual rate of basic pay 
     for a majority of those senior staff members, as determined 
     by the head of the designated Federal entity concerned).

     SEC. 6. MISCELLANEOUS ENHANCEMENTS.

       (a) Offices as Discrete Agencies.--Section 6(d) of the 
     Inspector General Act of 1978 (5 U.S.C. App.) is amended to 
     read as follows:
       ``(d)(1)(A) For purposes of applying the provisions of law 
     identified in subparagraph (B)--
       ``(i) each Office of Inspector General shall be considered 
     to be a separate agency; and
       ``(ii) the Inspector General who is the head of an office 
     referred to in clause (i) shall, with respect to such office, 
     have the functions, powers, and duties of an agency head or 
     appointing authority under such provisions.
       ``(B) This paragraph applies with respect to the following 
     provisions of title 5, United States Code:
       ``(i) Subchapter II of chapter 35.
       ``(ii) Sections 8335(b), 8336, 8414, and 8425(b).
       ``(iii) All provisions relating to the Senior Executive 
     Service (as determined by the Office of Personnel 
     Management), subject to paragraph (2).
       ``(2) For purposes of applying section 4507(b) of title 5, 
     United States Code, paragraph (1)(A)(ii) shall be applied by 
     substituting `the Council of the Inspectors General on 
     Integrity and Efficiency (established by section 11 of the 
     Inspector General Act) shall' for `the Inspector General who 
     is the head of an office referred to in clause (i) shall, 
     with respect to such office,' ''.
       (b) Subpoena Power.--Section 6(a)(4) of the Inspector 
     General Act of 1978 (5 U.S.C. App.), is amended--
       (1) by inserting ``in any medium (including electronically 
     stored information, as well as any tangible thing)'' after 
     ``other data''; and
       (2) by striking ``subpena'' and inserting ``subpoena''.
       (c) Law Enforcement Authority for Designated Federal 
     Entities.--Section 6(e) of the Inspector General Act of 1978 
     (5 U.S.C. App.) is amended--
       (1) in paragraph (1) by striking ``appointed under section 
     3''; and
       (2) by adding at the end the following:
       ``(9) In this subsection the term `Inspector General' means 
     an Inspector General appointed under section 3 or an 
     Inspector General appointed under section 8G.''.
       (d) Authority of Treasury Inspector General for Tax 
     Administration To Protect Internal Revenue Service 
     Employees.--Section 8D(k)(1)(C) of the Inspector General Act 
     of 1978 (5 U.S.C. App.) is amended by striking ``and the 
     providing of physical security''.
       (e) Amendment Relating to Authority of Comptroller General 
     To Administer Oaths.--Section 711 of title 31, United States 
     Code, is amended in paragraph (4) by striking ``when auditing 
     and settling accounts'' and inserting ``upon the specific 
     approval only of the Comptroller General or the Deputy 
     Comptroller General''.
       (f) Amendments Relating to Comptroller General Reports.--
       (1) Section 719(b)(1) of title 31, United States Code, is 
     amended--
       (A) by striking ``and'' at the end of subparagraph (B);
       (B) by striking the period and inserting ``; and'' at the 
     end of subparagraph (C); and
       (C) by adding at the end the following new subparagraph:
       ``(D) for Federal agencies subject to sections 901 to 903 
     of this title and other agencies designated by the 
     Comptroller General, an assessment of their overall degree of 
     cooperation in making personnel available for interview, 
     providing written answers to questions, submitting to an oath 
     authorized by the Comptroller General under section 711 of 
     this title, granting access to records, providing timely 
     comments to draft reports, adopting recommendations in 
     reports, and responding to such other matters as the 
     Comptroller General considers appropriate.''.
       (2) Section 719(c) of such title is amended--
       (A) by striking ``and'' at the end of paragraph (2);
       (B) by striking the period and inserting ``; and'' at the 
     end of paragraph (3); and
       (C) by adding at the end the following new paragraph:
       ``(4) as soon as practicable when an agency or other entity 
     does not, within a reasonable period of time after a request 
     by the Comptroller General, make personnel available for 
     interview, provide written answers to questions, or submit to 
     an oath authorized by the Comptroller General under section 
     711 of this title.''.

     SEC. 7. PROGRAM FRAUD CIVIL REMEDIES ACT.

       Section 3801(a)(1) of title 31, United States Code, is 
     amended by striking ``and'' after the semicolon at the end of 
     subparagraph (C), by

[[Page 26306]]

     adding ``and'' after the semicolon at the end of subparagraph 
     (D), and by adding at the end the following:
       ``(E) a designated Federal entity (as such term is defined 
     under section 8G(a)(2) of the Inspector General Act of 
     1978).''.

     SEC. 8. APPLICATION OF SEMIANNUAL REPORTING REQUIREMENTS WITH 
                   RESPECT TO INSPECTION REPORTS AND EVALUATION 
                   REPORTS.

       Section 5 of the Inspector General Act of 1978 (5 U.S.C. 
     App.) is amended--
       (1) in subsection (a)(6)--
       (A) by inserting ``, inspection report, and evaluation 
     report'' after ``audit report''; and
       (B) by striking ``audit'' the second place it appears;
       (2) in each of subsections (a)(8), (a)(9), (b)(2), and 
     (b)(3)--
       (A) by inserting ``, inspection reports, and evaluation 
     reports'' after ``audit reports'' the first place it appears; 
     and
       (B) by striking ``audit'' the second place it appears; and
       (3) in subsection (a)(10) by inserting ``, inspection 
     report, and evaluation report'' after ``audit report''.

  The CHAIRMAN. No amendment to the committee amendment is in order 
except those printed in House Report 110-358. Each amendment may be 
offered only in the order printed in the report, by a Member designated 
in the report, shall be considered read, shall be debatable for the 
time specified in the report, equally divided and controlled by the 
proponent and an opponent of the amendment, shall not be subject to 
amendment, and shall not be subject to a demand for division of the 
question.


                 Amendment No. 1 Offered by Mr. Conyers

  The CHAIRMAN. It is now in order to consider amendment No. 1 printed 
in House Report 110-358.
  Mr. CONYERS. Mr. Chairman, I have an amendment at the desk.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 1 offered by Mr. Conyers:
       At the end of the bill, add the following new section (and 
     conform the table of contents accordingly):

     SEC. 9. AMENDMENTS TO SPECIAL PROVISIONS CONCERNING THE 
                   DEPARTMENT OF JUSTICE.

       (a) Amendment to Requirement Relating to Certain 
     Referrals.--Section 8E(b) of the Inspector General Act of 
     1978 (5 U.S.C. App.) is amended by striking paragraph (3).
       (b) Conforming Amendments.--Section 8E of such Act is 
     further amended
       (1) in subsection (b)--
       (A) by striking ``and paragraph (3)'' in paragraph (2);
       (B) by redesignating paragraph (4) as paragraph (3); and
       (C) by redesignating paragraph (5) as paragraph (4) and in 
     that paragraph by striking ``(4)'' and inserting ``(3)''; and
       (2) in subsection (d), by striking ``, except with respect 
     to allegations described in subsection (b)(3),''.

  The CHAIRMAN. Pursuant to House Resolution 701, the gentleman from 
Michigan (Mr. Conyers) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Michigan.
  Mr. CONYERS. Mr. Chairman, I yield myself such time as I may consume.
  I urge support for my amendment to provide the Inspector General of 
the Department of Justice the power to investigate allegations of 
wrongdoing by attorneys in that department.
  And so I put forward to the committee a commonsense proposal that 
merely gives the Inspector General the tools that he or she may need to 
root out and report on waste, fraud and abuse. Whether we have a 
Democratic or Republican administration, I believe we should have 
strong and vigorous oversight of the Department of Justice. At present, 
however, the Department of Justice Inspector General is limited in his 
ability to investigate allegations of misconduct.
  Instead, present law, to the surprise of many, requires that all 
allegations of wrongdoing by the Department of Justice attorneys be 
investigated not by the Inspector General but by the department's 
Office of Professional Responsibility. The department's Inspector 
General should have the same power Inspectors General have throughout 
the government to investigate without limitation any and all 
allegations of wrongdoing that arise in that department.
  The Office of Professional Responsibility is supervised by the 
Attorney General. It is absolutely contrary to human experience to 
believe that the counsel to the Office of Professional Responsibility 
can aggressively investigate them. It is vital that investigations of 
these officials, and other high-level officials in the department, be 
conducted by the statutorily independent Inspector General who is 
required to be confirmed by the United States Senate. That is the 
thrust of the idea I propose in this first amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. JORDAN of Ohio. Mr. Chairman, I rise to claim the time in 
opposition to the amendment.
  The CHAIRMAN. The gentleman is recognized for 5 minutes.
  Mr. JORDAN of Ohio. I want to thank the Chair of the committee and 
Congressman Cooper and Congressman Towns for all their work and our 
ranking member of the committee on the bill. But, Mr. Chairman, I rise 
in opposition to the amendment. It is unfortunate in a bill that has 
been worked on by both sides so well that we have an amendment now that 
I think is going to be somewhat divisive. But I believe the amendment 
may arise from the U.S. Attorney's investigation that consumed so much 
of our time earlier in this session, particularly the time on the 
Judiciary Committee. That investigation showed no wrongdoing in the 
dismissal of U.S. Attorneys and no undermining of the institutions of 
the Department of Justice.
  As time drags on, though, people wonder, why did we spend so much 
time on this issue? Maybe the majority feels the need to show some 
results. Perhaps that is why we have this amendment before us today. 
But the U.S. Attorney's investigation did not show any need to realign 
the responsibilities of the Office of Professional Responsibility and 
the Office of the Inspector General. It certainly did not show that OIG 
should swallow up OPR, which would be the effective result of the 
amendment before us this afternoon. On the contrary, these offices have 
quietly gone about their investigative activities and we have seen no 
great difficulties arise from the exercise of their duties.
  But apart from the U.S. Attorney's investigation, the amendment 
clearly is unwise for other reasons. Both OPR and OIG are needed in 
their current structure. OPR was established to ensure that the 
Department of Justice's thousands of attorneys follow all applicable 
professional rules of conduct. OIG performs an equally critical but 
very different function of pursuing investigations into general 
criminal wrongdoing and general administrative misconduct by the 
Department.
  This important distinction calls for two different offices to work on 
these two issues. As conferees underscored when Congress created the 
Office of Inspector General in the 1980s: ``The conferees do not intend 
that the IG should render judgments on the exercise of prosecutorial or 
litigative discretion in a particular case or controversy. Unless a 
unique set of circumstances dictate otherwise, the conferees intend 
that reviews of such prosecutorial or other litigative discretion in a 
particular case or controversy is an appropriate role for, and may be 
delegated by, the Attorney General.''
  The Attorney General has delegated that authority to OPR. No basis 
exists to question this policy today. Unlike OIG, OPR is staffed and 
led entirely by career lawyers. Political background cannot be 
considered when appointing anyone to a position in the Office of 
Professional Responsibility. Thousands of current and former Department 
lawyers can attest that OPR's independence is undisputed and that the 
Office of Professional Responsibility has never allowed the manner in 
which it investigates or the results it reaches to be influenced by any 
political appointee in the Department. Any Attorney General or Deputy 
Attorney General being investigated by the Office of Professional 
Responsibility is automatically recused from participating in the 
matter. The most recent example of this is the U.S. Attorney's 
investigation itself.
  I only scratch the surface of the reasons to preserve OPR as it is. 
As anyone with substantial experience knows, this office can be relied 
upon to make the hard calls and find attorney misconduct when it has 
occurred, enabling

[[Page 26307]]

the Department of Justice to take the proper disciplinary action.
  I would call the House's attention again to the need for legislation 
to address serious crime issues. Republicans have introduced those 
bills but they continue to languish. Responsible citizens don't want to 
hear that their loved ones or their neighbors were hurt or killed 
because the majority in Congress could not bear to solve the Nation's 
problems with the opposing party's solutions or to turn away from the 
hunt for political victims.
  Mr. Chairman, I reserve the balance of my time.
  Mr. CONYERS. Mr. Chairman, could you advise us how much time remains 
on each side.
  The CHAIRMAN. The gentleman from Michigan has 2\1/2\ minutes 
remaining. The gentleman from Ohio has 1\1/2\ minutes remaining.
  Mr. CONYERS. Mr. Chairman, I would begin first by yielding 1 minute 
to the subcommittee Chair, Edolphus Towns of New York.
  Mr. TOWNS. Mr. Chairman, this is a very good amendment. It is 
especially important that the Department of Justice IG have the 
authority to examine a broad range of issues in that Department. 
Considering all the problems that congressional investigations have 
recently uncovered, I think that this is a very timely amendment. I 
really feel that we should aggressively get behind it and support it 
and encourage our colleagues also to support it.
  Mr. JORDAN of Ohio. Mr. Chairman, I yield back the balance of my 
time.
  Mr. CONYERS. Mr. Chairman, I yield myself the balance of my time.
  I want all the Members to make sure they understand that the Office 
of Professional Responsibility is accountable to the Attorney General, 
and when we are investigating the U.S. assistant attorneys or attorneys 
in the Department of Justice, he is investigating his own shop.
  The second point is that their inspection, their investigations, are 
confidential. The Inspector General, the IG, requires a public 
disclosure of what he found. So this isn't a matter of trying to 
justify anything about the U.S. Attorneys action.
  I would like my good friend from Ohio to know that this is something 
that has been discussed. The Inspector General for DOJ, Glenn Fine, has 
testified before the Senate Homeland Security and Government Affairs 
Committee and made it very clear that these matters of public interest 
that require reports that are institutional should by all means go 
through this route rather than be shunted off to a private 
investigatory committee inside the Department of Justice.

                              {time}  1300

  It is an anomaly that we hope to correct. It doesn't reflect poorly 
on anybody. As a matter of fact, this will be for future Departments of 
Justice. We are not going to go back over anything that we have covered 
before.
  Mr. Chairman, I urge that the membership support this very modest 
amendment.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Michigan (Mr. Conyers).
  The question was taken; and the Chairman announced that the ayes 
appeared to have it.
  Mr. JORDAN of Ohio. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentleman from Michigan will be 
postponed.


          Amendment No. 2 Offered by Mr. Tom Davis of Virginia

  The CHAIRMAN. It is now in order to consider amendment No. 2 printed 
in House Report 110-358.
  Mr. TOM DAVIS of Virginia. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 2 offered by Mr. Tom Davis of Virginia:
       Page 4, starting on line 20, strike ``may'' and all that 
     follows through line 25 and insert the following: ``shall 
     inform the appropriate committees or subcommittees of the 
     Congress if the budget request submitted by the head of the 
     establishment would substantially inhibit the Inspector 
     General from performing the duties of the office.''
       Page 5, line 2, strike ``Congress--'' and all that follows 
     through line 10 and insert the following: ``Congress a 
     separate statement of the amount of appropriations requested 
     by each Inspector General.''

  The CHAIRMAN. Pursuant to House Resolution 701, the gentleman from 
Virginia (Mr. Tom Davis) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Virginia.
  Mr. TOM DAVIS of Virginia. Mr. Chairman, I yield myself such time as 
I may consume.
  Mr. Chairman, as currently drafted, the Improving Government 
Accountability Act would authorize Inspectors General throughout the 
government, and more than 60 of these offices exist, to directly submit 
their budget requests to Congress. By doing so, this legislation would 
circumvent the long-standing process under which Presidents submit to 
the Congress a budget proposal on behalf of the executive branch.
  While I understand the sponsor's intent in authorizing independent 
budget submissions by IGs, I have concerns with the way the authority 
is currently constructed. Our concerns pertain more to the logistical 
nightmare than any particular objection to increased IG independence.
  First of all, according to the Congressional Research Service, no 
other offices or agencies within the executive branch currently are 
authorized by statute to independently submit their budgets to 
Congress. H.R. 928 would not simply make an exception for one uniquely 
situated office, it would make an exception for all of the more than 60 
IG offices currently in government. In other words, the President's 
annual budget would be accompanied by 60 separate IG budgets. This is 
inefficient; it is disorganized and unproductive.
  Second, I am concerned that by authorizing IGs to submit their 
budgets independently to Congress, we are encouraging them to submit 
their wish lists to Congress rather than submitting budgets that take 
into account the limited resources that are available to agencies.
  It doesn't take an active imagination to envision the increased 
government spending that this would cause. After all, if an IG submits 
its wish list to Congress, will Members of Congress have the stomach to 
appropriate an amount less than an IG requests? If we do, we could be 
painted as antioversight, a label none of us are interested in.
  Because of these concerns, I have filed an amendment proposing an 
alternative approach to the budget issue. This amendment would 
authorize Inspectors General to notify Congress if the budget request 
submitted by the agency head would substantially inhibit the IG's 
ability to perform his or her duties. The President would be required 
to include in his budget submission the original amount requested by 
each IG.
  This approach would give additional information to Congress, which is 
the intent, I think, of the legislation. It also encourages IGs to 
speak out if their agencies try to stifle the IG's independence by 
reducing the IG's budget request. But it would stop short of 
authorizing all 60 IGs to separately submit their own budget request to 
Congress outside of the traditional Federal budget process.
  I think this amendment is a reasonable compromise which carefully 
balances the need for IG independence with the need for streamlined 
budget authority. We have enough problems enacting the Federal budget 
every year; we don't need to create 60 new ones. I urge my colleagues 
to support this amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. TOWNS. Mr. Chairman, I would like to claim the time in 
opposition.
  The CHAIRMAN. The gentleman from New York is recognized for 5 
minutes.
  Mr. TOWNS. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I am opposed to the amendment, I think. I am not sure. 
Let

[[Page 26308]]

me ask some questions and then I can make up my mind.
  As I understand it, under your amendment, the gentleman from Virginia 
(Mr. Tom Davis), each Inspector General's appropriations request as 
originally made to his or her agency head would be noted in the 
President's budget submission to Congress.
  Mr. Chairman, is that correct?
  Mr. TOM DAVIS of Virginia. Mr. Chairman, if the gentleman will yield, 
that is correct. Let me just add, I think that was the intent of the 
legislation, to make sure that the IGs weren't stifled and that 
Congress gets their eyes on that original request, and it would allow 
that.
  Mr. TOWNS. Mr. Chairman, reclaiming my time, with that in mind, I do 
support the amendment, and, of course, I am prepared to accept the 
amendment. It achieves the goal of the budget provision in this bill, 
which is to expose whether IGs are having their budgets slashed in 
retaliation of their investigations.
  I look forward to working with you as this bill moves through the 
legislative process to clarify the language of the amendment to ensure 
that its intent is fulfilled.
  Mr. Chairman, I yield back the balance of my time.
  Mr. TOM DAVIS of Virginia. Mr. Chairman, I am not going to talk 
anybody out of it, so I yield back as well.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Virginia (Mr. Tom Davis).
  The amendment was agreed to.


        Amendment No. 3 Offered by Mr. Miller of North Carolina

  The CHAIRMAN. It is now in order to consider amendment No. 3 printed 
in House Report 110-358.
  Mr. MILLER of North Carolina. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 3 offered by Mr. Miller of North Carolina:
       Page 2, beginning on line 12, strike ``adding at the end 
     the following: `An' '' and insert ``striking `the reasons for 
     any such removal to both Houses of Congress.' and inserting 
     the following: `in writing the reasons for any such removal 
     to both Houses of Congress and to the Inspector General of 
     the establishment at least 30 days before such removal. An' 
     ''.
       Page 3, line 2, strike ``; and'' and insert the following:
       ``(6) Knowing violation of a law, rule, or regulation.
       ``(7) Gross mismanagement.
       ``(8) Gross waste of funds.
       ``(9) Abuse of authority.''; and
       Page 3, line 11, insert after ``Congress'' the following: 
     ``and to the Inspector General of the entity''.
       Page 5, starting on line 22, strike ``increase'' and all 
     that follows through line 26 and insert the following: 
     ``coordiniate and enhance governmental efforts to promote 
     integrity and efficiency and to detect and prevent fraud, 
     waste, and abuse in Federal programs.''
       Page 10, line 11, insert ``and professional standards'' 
     after ``policies''.
       Page 11, after line 20, insert the following:
       ``(d) Administrative Provisions.--
       ``(1) Director of omb.--The Director of the Office of 
     Management and Budget shall provide the Council with such 
     administrative support as may be necessary for the 
     performance of the functions of the Council.
       ``(2) Heads.--The head of each establishment and designated 
     Federal entity represented on the Council shall provide the 
     persons representing the establishment or entity with such 
     administrative support as may be necessary, in accordance 
     with law, to enable the persons representing the 
     establishment or entity to carry out their 
     responsibilities.''.
       Page 12, line 8, strike ``3 or more'' and insert ``4''.
       Page 13, line 19, after ``General'' insert the following: 
     ``, acts with the knowledge of the Inspector General, or 
     against whom an allegation is made because such allegation is 
     related to an allegation against the Inspector General, 
     except that if an allegation concerns a member of the 
     Integrity Committee, that member shall recuse himself from 
     consideration of the matter''.
       Page 14, strike lines 8 through 14 and insert the 
     following:
       ``(B) refer any allegation of wrongdoing to the agency of 
     the executive branch with appropriate jurisdiction over the 
     matter; and
       ``(C) refer to the Chairperson of the Integrity Committee 
     any allegation of wrongdoing determined by the Integrity 
     Committee to be potentially meritorious that cannot be 
     referred to an agency under subparagraph (B).''.
       Page 14, line 20, strike ``(5)(B)'' and insert ``(5)(C)''.
       Page 16, strike lines 5 though 18 and insert the following:
       ``(8) Report.--
       ``(A) For allegations referred under paragraph (5)(C), the 
     Chairperson of the Integrity Committee shall make a report 
     containing the results of his investigation and shall provide 
     such report to members of the Integrity Committee.
       ``(B) For allegations referred under paragraph (5)(B), the 
     head of an agency shall make a report containing the results 
     of the investigation and shall provide such report to members 
     of the Integrity Committee.
       ``(9) Assessment and final disposition.--
       ``(A) With respect to any report received under paragraph 
     (8), the Integrity Committee shall--
       ``(i) assess the report;
       ``(ii) forward the report, with the Integrity Committee 
     recommendations, including those on disciplinary action, 
     within 180 days (to the maximum extent practicable) after the 
     completion of the investigation, to the Executive Chairperson 
     of the Council and to the President (in the case of a report 
     relating to an Inspector General of an establishment or his 
     staff) or the head of a designated Federal entity (in the 
     case of a report relating to an Inspector General of such an 
     entity or his staff) for resolution; and
       ``(iii) submit to Congress a copy of such report and 
     recommendations within 30 days after the submission of such 
     report to the Executive Chairperson under clause (ii).
       ``(B) The Chairperson of the Council shall report to the 
     Integrity Committee the final disposition of the matter, 
     including what action was taken by the President or agency 
     head.''.
       Page 16, after line 18, insert the following:
       ``(10) Annual report.--
       ``(A) Matters covered.--The Council shall submit to 
     Congress and the President by December 31st of each year a 
     report on the activities of the Integrity Committee during 
     the preceding fiscal year. The report shall include the 
     following:
       ``(i) The number of allegations received.
       ``(ii) The number of allegations referred to other 
     agencies, including the number of allegations referred for 
     criminal investigation.
       ``(iii) The number of allegations referred to the 
     Chairperson of the Integrity Committee for investigation.
       ``(iv) The number of allegations closed without referral.
       ``(v) The date each allegation was received and the date 
     each allegation was finally disposed of.
       ``(vi) In the case of allegations referred to the 
     Chairperson of the Integrity Committee, a summary of the 
     status of the investigation of the allegations and, in the 
     case of investigations completed during the preceding fiscal 
     year, a summary of the findings of the investigations.
       ``(vii) Other matters that the Council considers 
     appropriate.
       ``(B) Requests for more information.--The Council shall 
     provide more detailed information about specific allegations 
     upon request from any of the following:
       ``(i) The chairman or ranking member of the Committee on 
     Oversight and Government Reform of the House of 
     Representatives.
       ``(ii) The chairman or ranking member of the Committee on 
     Homeland Security and Governmental Affairs of the Senate.
       ``(iii) The chairman or ranking member of the congressional 
     committees of jurisdiction.''.
       Page 16, line 19, strike ``(8)'' and insert ``(11)''.
       Page 17, strike lines 4 through 6 and insert the following:
       (b) Executive Orders and Policies and Procedures.--
       (1) Existing executive orders.--Executive Order 12805, 
     dated May 11, 1992, and Executive Order 12993, dated March 
     21, 1996, shall have no force or effect.
       (2) Policies and procedures.--Not later than 180 days after 
     the date of the enactment of this Act, the Inspectors General 
     Council shall adopt policies and procedures to implement this 
     section and the amendments made by this section. To the 
     maximum extent practicable, the policies and procedures shall 
     include all provisions of Executive Orders 12805 and 12933 
     (as in effect before the date of the enactment of this Act).
       Page 21, after line 12, insert the following:
       (3) Additional conforming amendment.--Section 194(b) of the 
     National and Community Service Act of 1990 (42 U.S.C. 
     12651e(b)) is amended by striking paragraph (3).
       Page 22, insert after line 10 the following:
       (d) Savings Provision for Newly Appointed Inspectors 
     General.--The provisions of section 3392, title 5, United 
     States Code, other than the terms ``performance awards'' and 
     ``awarding of ranks'' in subsection (c)(1) of such section, 
     shall apply to career appointees of the Senior Executive 
     Service who are appointed to the position of Inspector 
     General.
       Page 24, insert after line 3 the following:
       (d) Qualifications of Inspectors General of Designated 
     Federal Entities.--Section 8G(c)(1) of the Inspector General 
     Act of 1978 (5 U.S.C. App.), as amended by this Act, is 
     further amended by striking the period and

[[Page 26309]]

     inserting ``without regard to political affiliation, and 
     solely on the basis of integrity and demonstrated ability in 
     accounting, auditing, financial analysis, law, management 
     analysis, public administration, or investigations.

  The CHAIRMAN. Pursuant to House Resolution 701, the gentleman from 
North Carolina (Mr. Miller) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from North Carolina.
  Mr. MILLER of North Carolina. Mr. Chairman, I yield myself such time 
as I may consume.
  Mr. Chairman, over the last year and a half, the Science and 
Technology Committee's Subcommittee on Investigations and Oversight, 
which I chair, has been reviewing the work of the Office of the 
Inspector General of NASA and a related investigation of the NASA IG by 
the President's Council on Integrity and Efficiency's Integrity 
Committee, the procedure actually for investigating IGs themselves.
  I appreciate Mr. Towns and Mr. Cooper, knowing my interest in this 
issue, including me very graciously in discussions of this legislation, 
and I commend them for their work on this legislation.
  The purpose of this amendment is to smooth the transition between the 
old law and the new and to make sure that we do not disrupt some of the 
work of IGs that is now going well in our effort to get in place 
reforms to improve the work of IGs.
  I fully support the goal of this legislation to make sure that 
Inspectors General are independent, that they can act without fear of 
political reprisal, and to accomplish that by establishing a set term. 
This amendment accomplishes other purposes perfectly consistent with 
that overall goal of the legislation.
  First, it establishes the same qualifications for the selection of 
Inspectors General of the designated Federal agencies that are not 
subject to confirmation by the other body. There is no reason that 
there should be any different qualifications, and this brings the 
qualifications for those Inspectors General into line with the 
qualifications of those confirmed by the other body.
  Second, the amendment expands the goals for removal of the Inspectors 
General, with criteria that the Inspectors General themselves, the IGs 
themselves, have agreed to should be the basis for removal, and would 
not undermine their independence by being a threat to their 
independence; so, removal for improper grounds. The additional grounds, 
and these are in the regulations now, the rules now: Knowing violation 
of the law, rule or regulation; gross mismanagement; gross waste of 
funds; and abuse of authority. Those criteria for removal do increase 
the President's flexibility to get out of office inept or abusive 
Inspectors General.
  Third, the amendment incorporates several provisions of 2 executive 
orders pertaining to the work of IGs, executive orders 12805 and 12993, 
which would no longer be in effect under this legislation, to maintain 
certain policies and procedures that are working well and make sure 
that there is not a gap when there are no procedures in place and to 
make sure that we will not have to recreate those procedures under the 
new legislation. It also directs the new council, the new Inspectors 
General council, to incorporate as much of the established policies 
that are working well as possible into the new rules. Again, those 
rules are developed by the IGs themselves over the years. They work 
very well. They do not need to be disrupted.
  Fourth, the transparency of the Integrity Committee's investigations, 
the work of inspecting the Inspectors General themselves, the 
investigations into the investigators, has been a problem. This 
amendment would require the council to submit to Congress a report of 
their work in inspecting the work, to investigating the work of 
Inspectors General.
  Finally, the amendment requires the office of OMB, the Office of 
Management and Budget, OMB, to continue to provide the Inspectors 
General council with the administrative support that the PCIE now has.
  Mr. Chairman, I reserve the balance of my time.
  Mr. COOPER. Mr. Chairman, I ask unanimous consent to take the time in 
opposition to the gentleman's amendment.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Tennessee?
  There was no objection.
  Mr. COOPER. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I would like to congratulate my friend, the gentleman 
from North Carolina, because he has been an excellent Member of this 
body for some time and has worked on the Science Committee and has 
contributed greatly to the work of this body. I am particularly 
grateful for his work on the IG issue.
  I want to make it crystal clear to my colleagues on both sides of the 
aisle that the gentleman's amendment essentially makes it easier to 
fire IGs. I support that. I think the gentleman's reasoning is sound.
  I also think it is very important that Members on the other side the 
aisle realize that this largely should eliminate the President's veto 
threat, because the primary grounds in this Statement of Administration 
Policy for opposing this bill is that IGs may be too hard to fire. 
Well, the gentleman's helpful amendment adds additional grounds that 
makes it easier to get rid of errant IGs if they knowingly violate the 
law, rule or regulation, if they are guilty of gross mismanagement, 
gross waste of funds or abuse of authority. So that should obviate the 
administration's objections to this bill.
  Mr. Chairman, I hope by accepting the gentleman from North Carolina's 
amendment we cannot only promote the cause of good government, we can 
also get the folks at OMB and in the administration to relax and 
realize what a good bill this is. So I would urge a huge and bipartisan 
majority vote for this legislation thanks to the gentleman's amendment.
  Mr. Chairman, I yield back the balance of my time.
  Mr. MILLER of North Carolina. Mr. Chairman, I yield the balance of my 
time to the gentleman from New York (Mr. Towns).
  Mr. TOWNS. Mr. Chairman, this is a well thought-out amendment. I want 
to commend the gentleman from North Carolina for this. It makes it 
clear that the bill is not intended to protect poorly performing IGs 
from removal.
  There was some question about an IG who managed his office so poorly 
that it caused most of the senior career staff to quit, and then the IG 
would still be there. At least this amendment addresses that issue as 
well by adding gross mismanagement and gross waste of funds and abuse 
of authority as grounds for removal. This amendment clarifies that an 
IG who is not an effective leader can be removed for that reason.
  We also support the technical and procedural changes that Mr. Miller 
has included in this amendment. This is a very, very good amendment, 
and I hope that it has support coming from both sides of the aisle, 
because this is an amendment that is long overdue.
  The CHAIRMAN. All time having expired, the question is on the 
amendment offered by the gentleman from North Carolina (Mr. Miller).
  The amendment was agreed to.


        Amendment No. 4 Offered by Mr. Miller of North Carolina

  The CHAIRMAN. It is now in order to consider amendment No. 4 printed 
in House Report 110-358.
  Mr. MILLER of North Carolina. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 4 offered by Mr. Miller of North Carolina:
       Page 4, after line 12, insert the following new paragraph:
       (c)(1) in section 3(a), by inserting after the first 
     sentence the following: ``A committee of Inspectors General 
     of the Inspectors General Council established under section 
     11 shall review nominations in light of these requirements, 
     and the results of the committee's review shall be provided 
     to the Senate prior to the confirmation process.''
       (2) in section 8G(c), by adding at the end the following: 
     ``The head of the designated

[[Page 26310]]

     Federal entity shall ask the committee of Inspectors General 
     referred to in section 3(a) for a report on the 
     qualifications of each final candidate for Inspector General 
     and shall not appoint an Inspector General before reviewing 
     such report.''
       Page 4, line 13, strike ``(c)'' and insert ``(d)''.

  The CHAIRMAN. Pursuant to House Resolution 701, the gentleman from 
North Carolina (Mr. Miller) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from North Carolina.
  Mr. MILLER of North Carolina. Mr. Chairman, I yield myself such time 
as I may consume.
  Mr. Chairman, this amendment would require the Council of the 
Inspectors General on Integrity and Efficiency to appoint a committee 
of Inspectors General to review the integrity, the experience, the 
reputation, all of the qualifications of anyone the President appoints 
to serve as an Inspector General and to provide a report of that 
evaluation to the other body, to the relevant committee of the other 
body, before any confirmation hearings. It provides a similar procedure 
for agency heads who appoint Inspectors General without confirmation by 
the other body.
  The amendment does not create any new bureaucracy. It uses an 
existing office or an office that will exist under this legislation. 
The evaluation of that committee is not binding in any way. It simply 
is an unbiased, informed evaluation that would be helpful to the other 
body in their consideration of confirmation of anyone appointed as an 
Inspector General to serve as an Inspector General, just as the 
American Bar Association's evaluations on the qualifications of 
judicial nominees are helpful in confirmation.

                              {time}  1315

  Mr. Chairman, most Presidential appointments are policy positions for 
which loyalty to the President is a proper consideration. In fact, it 
is a necessity. It is a requirement. And the other body has 
traditionally deferred to the President's judgment in confirmation. If 
the President wants to appoint a political operative, if he wants to 
appoint some political poohbah's worthless, otherwise unemployable 
brother-in-law, the other body usually goes along so the President can 
have his own people in policy positions.
  As the debate on this bill has made very clear, Inspectors General 
are not jobs like that. Inspectors General are not the President's 
people. They are to be watchdogs who report both to the agency head and 
to Congress. They are not the President's people. IGs are not the 
President's people. They are our people, too. Congress needs to rely on 
the work of IGs in our oversight duties. IGs are Congress's people as 
much as they are the President's people.
  The statute says now that IGs should be objective and independent and 
they are to be appointed without regard to political affiliation and 
solely on the basis of integrity and demonstrated ability in 
accounting, auditing, financial analysis, law, management analysis, 
public administration or investigation. In other words, Mr. Chairman, 
IGs can't just be some poohbah's worthless brother-in-law.
  This amendment provides the other body with an informed evaluation of 
the integrity and qualifications of any potential IG to assure that IGs 
are up to the job, they understand what their job is, they are to 
identify waste, fraud, abuse or general inefficiency, and report to the 
agency head and to Congress without fear or favor. IGs must report with 
rigorous honesty even if their reports cause political embarrassment; 
especially when their reports cause political embarrassment.
  This amendment will return to an earlier tradition of consulting 
well-regarded IGs before an appointment of an IG for suggestions of who 
would be good for that job.
  Mr. Chairman, we have departed from that tradition, to our detriment. 
This amendment will return us to that tradition.
  Mr. Chairman, I reserve the balance of my time.
  Mr. TOWNS. Mr. Chairman, I ask unanimous consent to claim the time in 
opposition, although I am not opposed to the amendment.
  The CHAIRMAN. Without objection, the gentleman from New York is 
recognized for 5 minutes.
  There was no objection.
  Mr. TOWNS. Mr. Chairman, the committee also supports this amendment 
by Mr. Miller. One of the problems that we have seen is that recent IG 
appointments have had far more experience in politics than they have 
had in investigating and auditing.
  The council created by this amendment is advisory, but it will 
provide an independent evaluation of whether a candidate for 
appointment has the professional background and experience to succeed 
in the IG role. This information should be valuable to the President 
and to the Senate as they fill IG vacancies.
  Mr. Chairman, I think this is a fine amendment and I am hoping that 
both sides of the aisle will support it. This is what strengthening 
legislation is all about, dialogue on both sides and then supporting. 
So I am hoping this amendment gets a strong, strong vote. It is a good 
amendment.
  Mr. Chairman, I yield back the balance of my time.
  Mr. MILLER of North Carolina. Mr. Chairman, I yield back the balance 
of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from North Carolina (Mr. Miller).
  The amendment was agreed to.


               Amendment No. 5 Offered by Mrs. Gillibrand

  The CHAIRMAN. It is now in order to consider amendment No. 5 printed 
in House Report 110-358.
  Mrs. GILLIBRAND. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 5 offered by Mrs. Gillibrand:
       At the end of the bill add the following new section (and 
     conform the table of contents):

     SEC. 9. INFORMATION ON WEBSITES OF OFFICES OF INSPECTORS 
                   GENERAL.

       (a) Definition.--In this section, the term ``agency'' has 
     the meaning provided the term ``Federal agency'' under 
     section 11(5) of the Inspector General Act of 1978 (5 U.S.C. 
     App.).
       (b) Direct Links to Inspectors General Offices.--
       (1) In general.--Each agency shall establish and maintain 
     on the homepage of the website of that agency a direct link 
     to the website of the Office of the Inspector General of that 
     agency.
       (2) Accessibility.--The direct link under paragraph (1) 
     shall be obvious and facilitate accessibility to the website 
     of the Office of the Inspector General.
       (c) Requirements for Inspectors General Websites.--
       (1) Posting of reports and audits.--The Inspector General 
     of each agency shall--
       (A) not later than 1 day after any report or audit (or 
     portion of any report or audit) is made publicly available, 
     post that report or audit (or portion of that report or 
     audit) on the website of the Office of the Inspector General; 
     and
       (B) ensure that any posted report or audit (or portion of 
     that report or audit) described under subparagraph (A)--
       (i) is easily accessible from a direct link on the homepage 
     of the website of the Office of the Inspector General;
       (ii) includes a summary of the findings of the Inspector 
     General; and
       (iii) is in a format that--

       (I) is searchable, sortable, and downloadable; and
       (II) facilitates printing by individuals of the public who 
     are accessing the website.

       (2) Option to receive related information.--The Inspector 
     General of each agency shall provide a service on the website 
     of the Office of the Inspector General through which--
       (A) an individual may elect to automatically receive 
     information (including subsequent reports or audits) relating 
     to any posted report or audit (or portion of that report or 
     audit) described under paragraph (1)(A); and
       (B) the Inspector General shall electronically transmit the 
     information or notice of the availability of the information 
     to that individual without further request.
       (3) Reporting of waste, fraud, and abuse.--
       (A) In general.--The Inspector General of each agency shall 
     establish and maintain a direct link on the homepage of the 
     website of the Office of the Inspector General for 
     individuals to report waste, fraud, and abuse.
       (B) Anonymity.--The Inspector General of each agency shall 
     take such actions as necessary to ensure the anonymity of any 
     individual making a report under this paragraph.

[[Page 26311]]

       (d) Implementation.--Not later than 180 days after the date 
     of enactment of this Act, the head of each agency and the 
     Inspector General of each agency shall implement this 
     section.

  The CHAIRMAN. Pursuant to House Resolution 701, the gentlewoman from 
New York (Mrs. Gillibrand) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from New York.
  Mrs. GILLIBRAND. Mr. Chairman, I yield myself such time as I may 
consume.
  First, I would like to thank Congressman Cooper for his leadership on 
this bill and for his constant effort to promote accountability and 
transparency in the Federal Government. I also want to thank Chairman 
Towns and Chairman Waxman for moving this legislation through committee 
and for their support of my amendment.
  I rise today to offer an amendment to save the taxpayers money by 
increasing transparency, accountability and oversight over Federal 
agencies' spending practices. We all know that the U.S. Government 
spends too much of our constituents' hard-earned taxes in ways that are 
not always the most efficient manner.
  For too long, Federal agency spending has been left unchecked with 
little public scrutiny on the findings of the Inspectors General 
investigations. It is time to shine some light on how the government is 
spending your money.
  When the Inspector General Act of 1978 became law, the Internet did 
not exist and people did not have personal computers. Now, 30 years 
later, the Internet has grown into one of the many mediums where 
Americans receive information, and it is time that we bring this law up 
to date so the American people and the media will be able to easily 
find audits and reports that Inspectors General issue, and for 
Americans to have the ability to anonymously report waste, fraud and 
abuse that may be occurring in the Federal Government.
  Inspectors General are an important part of every Federal agency, and 
I am pleased that this legislation will decrease the amount of waste of 
taxpayer dollars. In 2006, the work by Inspectors General resulted in 
$9.9 billion in potential savings from audit recommendations; $6.8 
billion in investigative recoveries; 6,500 indictments and criminal 
information; 8,400 successful prosecutions; and 7,300 suspensions or 
debarments. This legislation will yield even more savings to the 
American people by allowing Inspectors General to be more independent 
and accountable.
  Mr. Chairman, my amendment simply requires Inspectors General to do 
something that is very commonplace in the 21st century: making 
information easily accessible online.
  My amendment would require the IG of each agency to post, within one 
day after being made publicly available, all reports and audits on the 
Web site of the Office of Inspector General. The report or audit must 
be easily accessible and include a summary of the findings of the IG. 
The IG of each agency must provide a service on their Web site to allow 
individuals to receive information when a new audit or report is made 
available on their Web site. And the IG of each agency must establish a 
process that allows individuals to anonymously report waste, fraud and 
abuse that may be occurring in a Federal agency.
  It is important to remember that the American people voted for change 
last November. They voted for more accountability, more fiscal 
responsibility, and for the new Congress to clean up Washington.
  My commitment to my constituents is that I will offer a transparent 
and accountable office to them. I am one of a handful of Members in the 
House to post my public schedule online every day and was one of the 
first, next to Mr. Cooper, to post a list of all earmark requests 
online. I do this because I have found that it allows my constituents 
more information which allows me to better represent them here in 
Washington.
  With a $9 trillion debt, it is clear that the Federal Government 
spends too much. The fiscal year 2008 budget is $2.9 trillion, and if 
that is indeed what we will spend, then it is important that the money 
is spent responsibly.
  My upstate New York constituents pay too much in taxes to Washington, 
and it is an insult to them when the Federal Government squanders their 
hard-earned money. This amendment will save taxpayers money, increase 
government oversight and accountability, and promote transparency in 
government. I urge all my colleagues to vote ``aye'' on the amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. TOM DAVIS of Virginia. Mr. Chairman, although I am not opposed, I 
would like to claim the time in opposition.
  The CHAIRMAN. Without objection, the gentleman is recognized for 5 
minutes.
  There was no objection.
  Mr. TOM DAVIS of Virginia. Mr. Chairman, this amendment would require 
agencies to include links on their Web pages to their IG's Web page. In 
addition, this amendment would require IGs to make public reports and 
audits conducted by the Inspector General immediately available on 
their Web sites, and it would require links for individuals interested 
in reporting waste, fraud and abuse.
  To the extent any of this is not currently being done by agencies and 
IGs, I am fully supportive of Congress requiring such information to be 
made available in order to increase the transparency of Federal 
Government operations. We are prepared to support the amendment.
  Mr. Chairman, I yield 1 minute to the gentleman from New York (Mr. 
Towns).
  Mr. TOWNS. Mr. Chairman, I rise to support the amendment. I think it 
is a very good amendment because it deals with waste, fraud and abuse. 
I think anything that strengthens this bill, I am for. There is no 
question about it, my colleague from New York definitely improves the 
legislation. Therefore, I am in total support of the amendment, and 
would encourage my colleagues to do likewise.
  Mr. TOM DAVIS of Virginia. Mr. Chairman, I yield back the balance of 
my time.
  Mrs. GILLIBRAND. Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentlewoman from New York (Mrs. Gillibrand).
  The amendment was agreed to.


                 Amendment No. 1 Offered by Mr. Conyers

  The CHAIRMAN. The unfinished business is the demand for a recorded 
vote on the amendment offered by the gentleman from Michigan (Mr. 
Conyers) on which further proceedings were postponed and on which the 
ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 217, 
noes 192, not voting 28, as follows:

                             [Roll No. 935]

                               AYES--217

     Abercrombie
     Ackerman
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Berkley
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bordallo
     Boren
     Boswell
     Boucher
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Castor
     Chandler
     Christensen
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     DeFazio
     DeGette
     DeLauro
     Dicks
     Doggett
     Donnelly
     Doyle
     Edwards
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Frank (MA)
     Giffords
     Gillibrand
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Herseth Sandlin
     Hill
     Hinchey
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley

[[Page 26312]]


     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson, E. B.
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Kucinich
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Mahoney (FL)
     Maloney (NY)
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Norton
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Payne
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Smith (WA)
     Snyder
     Solis
     Space
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Wilson (OH)
     Woolsey
     Wynn
     Yarmuth

                               NOES--192

     Aderholt
     Akin
     Alexander
     Bachmann
     Bachus
     Baker
     Bartlett (MD)
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Bonner
     Bono
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Davis, David
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     Emerson
     English (PA)
     Everett
     Fallin
     Feeney
     Ferguson
     Flake
     Forbes
     Fortenberry
     Fortuno
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gilchrest
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hulshof
     Hunter
     Inglis (SC)
     Issa
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Jordan
     Keller
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     LaHood
     Lamborn
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy, Tim
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Platts
     Poe
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Sali
     Saxton
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shays
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walberg
     Walden (OR)
     Walsh (NY)
     Wamp
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--28

     Barrett (SC)
     Becerra
     Berman
     Boehner
     Carson
     Cubin
     Davis, Jo Ann
     Delahunt
     Diaz-Balart, L.
     Dingell
     Emanuel
     Faleomavaega
     Hastert
     Higgins
     Hinojosa
     Jindal
     Klein (FL)
     Lee
     Lynch
     Pastor
     Paul
     Perlmutter
     Pitts
     Skelton
     Slaughter
     Tancredo
     Wexler
     Wu

                              {time}  1350

  Mrs. MILLER of Michigan and Mr. FEENEY changed their vote from 
``aye'' to ``no.''
  Mr. SERRANO changed his vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated for:
  Ms. SLAUGHTER. Mr. Chairman, on rollcall No. 935, had I been present, 
I would have voted ``aye.''
  Mr. HINOJOSA. Mr. Chairman, on rollcall No. 935, I was at CHCI 
Luncheon downtown. Had I been present, I would have voted ``aye.''
  Mr. PASTOR. Mr. Chairman, on rollcall No. 935, I was detained at my 
office. Had I been present, I would have voted ``aye.''
  Mr. EMANUEL. Mr. Chairman, I was absent from the Chamber for rollcall 
vote 935 on October 3, 2007. Had I been present, I would have voted 
``aye.''
  The CHAIRMAN. The question is on the committee amendment in the 
nature of a substitute, as amended.
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The CHAIRMAN. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Ross) having assumed the chair, Mr. Baird, Chairman of the Committee of 
the Whole House on the state of the Union, reported that that 
Committee, having had under consideration the bill (H.R. 928) to amend 
the Inspector General Act of 1978 to enhance the independence of the 
Inspectors General, to create a Council of the Inspectors General on 
Integrity and Efficiency, and for other purposes, pursuant to House 
Resolution 701, he reported the bill back to the House with an 
amendment adopted by the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on any amendment to the amendment 
reported from the Committee of the Whole? If not, the question is on 
the amendment.
  The amendment was agreed to.
  The SPEAKER pro tempore. 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.


        Motion to Recommit Offered by Mr. Tom Davis of Virginia

  Mr. TOM DAVIS of Virginia. Mr. Speaker, I offer a motion to recommit.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. TOM DAVIS of Virginia. I am in its present form.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. Tom Davis of Virginia, moves to recommit the bill H.R. 
     928 to the Committee on Oversight and Government Reform with 
     instructions to report the same back to the House forthwith 
     with the following amendment:
       At the end of the bill, add the following new section (and 
     conform the table of contents accordingly):

     SEC. 9. ANNUAL INSPECTOR GENERAL PERFORMANCE REVIEWS OF 
                   FEDERAL PROGRAMS AND AGENCIES.

       (a) Principle Duty.--Section 4 of the Inspector General Act 
     of 1978 (5 U.S.C. App.) is amended--
       (1) by redesignating subsections (a), (b), (c), and (d) as 
     subsections (b), (c), (d), and (e), respectively;
       (2) by inserting before subsection (b) (as so redesignated) 
     the following new subsection:
       ``(a) It shall be the principle duty and responsibility of 
     each Inspector General, with respect to the establishment 
     within which his Office is established, to review annually 
     the operations, efficiency, and effectiveness of all Federal 
     programs within such establishment and submit to the Congress 
     and the President not later than September 1 of each year 
     recommendations, accompanied by proposed legislation, on 
     whether an abolishment, reorganization, consolidation, or 
     transfer of existing Federal programs and agencies is 
     necessary--
       ``(1) to reduce Federal expenditures;
       ``(2) to increase efficiency of government operations;
       ``(3) to eliminate overlap and duplication in Federal 
     programs and offices;
       ``(4) to abolish agencies or programs that no longer serve 
     an important governmental purpose; and
       ``(5) to identify reductions in amounts of discretionary 
     budget authority or direct spending that can be dedicated to 
     Federal deficit reduction.''; and
       (3) in subsection (c)(1) (as so redesignated), by striking 
     ``(a)(1)'' and inserting ``(b)(1)''.
       (b) Conforming Amendments.--The Inspector General Act of 
     1978 (5 U.S.C. App.) is further amended--
       (1) in section 8(d), by striking ``section 4(d)'' and 
     inserting ``section 4(e)''; and
       (2) in section 8D(k)(2)(A), by striking ``section 4(d)'' 
     and inserting ``section 4(e)''.

  Mr. TOM DAVIS of Virginia (during the reading). Mr. Speaker, I ask 
unanimous consent that the motion to recommit be considered as read and 
printed in the Record.

[[Page 26313]]

  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  The SPEAKER pro tempore. The gentleman from Virginia is recognized 
for 5 minutes.
  Mr. TOM DAVIS of Virginia. Mr. Speaker, this motion to recommit would 
require all agency Inspectors General to report annually to Congress 
and to the President whether the IG believes an abolishment, 
reorganization, consolidation or transfer of existing Federal programs 
and agencies is necessary to reduce Federal expenditures, increase 
efficiency of government operations, eliminate overlap and duplication 
in Federal programs and offices, abolish agencies or programs which no 
longer serve an important governmental purpose, or identify reductions 
in amounts of discretionary budget authority or direct spending which 
can be dedicated to Federal deficit reduction.
  The IGs would be required to accompany those reports with proposed 
legislation in order to encourage Congress to act on those 
recommendations.
  This legislation is borne out of frustration. How many more times are 
we going to hear about redundancy in Federal programs without doing 
anything about it? We have the IGs. We have made them more independent 
as a result of this. Let's utilize that expertise for suggestions in 
how we can reduce waste, fraud and abuse in government.
  How many more times are we going to have to hear about the 70 
programs located throughout 13 Federal agencies providing substance 
abuse prevention services for our youth? The over 90 early childhood 
programs scattered among 11 Federal agencies and 20 offices? The 40 
different programs in the Federal Government having job training as 
their main purpose? The 86 teacher training programs in nine Federal 
agencies? The 50 different Federal homeless assistance programs 
administered by eight different agencies? The more than 17 Federal 
agencies monitoring and enforcing over 400 U.S. trade agreements? The 
17 Federal Departments and agencies operating a total of 515 Federal 
research and development laboratories? Or the eight different Federal 
agencies administering 17 different programs just in the area of rural 
water and wastewater systems, each with its own set of regulations?
  After all, the primary reason all these Federal programs exist in the 
first place is because Congress has this bad habit of haphazardly 
establishing new programs to achieve short-term solutions whenever a 
problem arises.
  In fact, Paul Volcker, Donna Shalala and Frank Carlucci all testified 
before our committee in 2003 about a National Commission on Public 
Service report that they had recently released. The report concluded 
that, over the years, the ad hoc layering of agencies, Departments, and 
programs greatly complicated management, expanded the influence of 
powerful interests and diminished coherent policy direction. The 
Federal Government today is a layered jumble of organizations with 
muddled public missions.
  Congress is as much to blame for this problem as anyone else. 
Admitting we have a problem is the first step in recovery. I am here to 
help our colleagues understand we have a problem. The extent of overlap 
and duplication in government is an issue the Committee on Government 
Reform has spent years investigating. Our hearings have focused on a 
range of Federal program areas, from child welfare programs to 
intelligence operations to Federal food safety oversight.
  This motion to report forthwith, so it doesn't kill the bill, it 
reports right back, would provide a tool which could assist the 
Congress and the President in identifying ways to streamline government 
operations and make them as efficient and effective as possible. The 
motion to recommit should appeal to all Members who believe there are 
inefficiencies in the Federal Government requiring attention. All 
after, Congress never has and never will be a management body. We need 
the assistance, and this legislation does it, of independent, outside 
observers to tell us what programs we created years ago are not an 
efficient or effective use of taxpayer funds.
  We have given the Inspectors General here authority and independence 
to call the balls and strikes and to make government more efficient. 
Let's utilize that. Let's help us make government more efficient. Let's 
support the motion to recommit.
  Mr. Speaker, I yield back the balance of my time.
  Mr. WAXMAN. Mr. Speaker, I rise in opposition to the motion to 
recommit.
  The SPEAKER pro tempore. The gentleman from California is recognized 
for 5 minutes.
  Mr. WAXMAN. Mr. Speaker, I share the goals expressed by my friend and 
colleague, Mr. Davis, the gentleman from Virginia, but I oppose it as a 
motion to recommit, because this bill is about Inspectors General, and 
their job is to weed out waste, fraud and abuse.
  But if this motion to recommit would identify that their primary job, 
if this motion passes, would be to identify programs that aren't 
working and then to recommend changes in them. Well, that's a 
worthwhile thing for them to do, but that should not be and is not 
their primary job.

                              {time}  1400

  The principal duty of the IGs is to do the work of an independent 
watchdog, to find out if there's waste, fraud and abuse. This would 
turn it into their principal duty to do an annual report on abolishing 
and reorganizing programs in agencies. They would have to do an annual 
report on reorganization. Well, that is going to be a lot of busywork.
  If you like government bureaucracy, then vote for the motion to 
recommit. But if you like the idea of independent Inspectors General 
looking out for waste, fraud and abuse as their prime job, then I would 
urge Members to vote ``no.''
  But I want to indicate to my colleagues that whether this motion to 
recommit passes or is defeated, I want to work with the sponsor of this 
motion to recommit to achieve our shared objectives. Oftentimes, we 
have waste, fraud and abuse because the objectives of the agency need 
to be changed. And we want those recommendations to come before us.
  I'd like to yield whatever time he may consume to the gentleman from 
Tennessee (Mr. Cooper).
  Mr. COOPER. Mr. Speaker, I speak as a Blue Dog Democrat, and I'm 
proud to see progressives and Blue Dogs, Democrats and Republicans 
coming together on this important good government cause. We've been 
working on it for 4 years now, and now it's about to pass. We're about 
to send it to the Senate, hopefully, with a huge vote, because Members 
on both sides of the aisle can agree that we need to cut out waste, 
fraud and abuse in government, and there's no better group to do it 
than our Inspectors General. That's what this bill does, empower 
Inspectors General. So I want to thank the chairman, Mr. Waxman, for 
his outstanding work with our ranking member. We've done a great job of 
moving this and other important legislation before Congress.
  Mr. WAXMAN. Mr. Speaker, I thank the gentleman for his comments. I 
urge all Members to support the bill and to vote against the motion to 
recommit.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.
  Mr. TOM DAVIS of Virginia. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair 
will reduce to 5 minutes the minimum time for any electronic vote on 
the question of passage.
  This will be a 15-minute vote.
  The vote was taken by electronic device, and there were--yeas 274, 
nays 144, not voting 14, as follows:

[[Page 26314]]



                             [Roll No. 936]

                               YEAS--274

     Aderholt
     Akin
     Alexander
     Altmire
     Andrews
     Bachmann
     Bachus
     Baird
     Baker
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carney
     Carter
     Castle
     Chabot
     Chandler
     Coble
     Cole (OK)
     Conaway
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crenshaw
     Cuellar
     Culberson
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     DeFazio
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doggett
     Donnelly
     Doolittle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Ellsworth
     Emerson
     English (PA)
     Etheridge
     Everett
     Fallin
     Farr
     Fattah
     Feeney
     Ferguson
     Flake
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Hall (NY)
     Hall (TX)
     Harman
     Hastert
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Hill
     Hobson
     Hodes
     Hoekstra
     Holden
     Hooley
     Hulshof
     Hunter
     Inglis (SC)
     Issa
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Jordan
     Kagen
     Kaptur
     Keller
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     LaHood
     Lamborn
     Lampson
     Langevin
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Mack
     Mahoney (FL)
     Manzullo
     Marchant
     Marshall
     Matheson
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     McNerney
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Mitchell
     Mollohan
     Moore (KS)
     Moran (KS)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Oberstar
     Obey
     Ortiz
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Platts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Ross
     Royce
     Ryan (WI)
     Salazar
     Sali
     Saxton
     Schmidt
     Sensenbrenner
     Sessions
     Sestak
     Shadegg
     Shays
     Shea-Porter
     Shimkus
     Shuler
     Shuster
     Simpson
     Skelton
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Space
     Stearns
     Stupak
     Sullivan
     Taylor
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Udall (CO)
     Upton
     Van Hollen
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wamp
     Weiner
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wolf
     Yarmuth
     Young (AK)
     Young (FL)

                               NAYS--144

     Abercrombie
     Ackerman
     Allen
     Arcuri
     Baca
     Baldwin
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Boucher
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Castor
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     DeGette
     DeLauro
     Dicks
     Doyle
     Ellison
     Emanuel
     Engel
     Eshoo
     Filner
     Frank (MA)
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hare
     Hastings (FL)
     Hinchey
     Hinojosa
     Hirono
     Holt
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kennedy
     Kildee
     Kilpatrick
     Kucinich
     Lantos
     Larsen (WA)
     Larson (CT)
     Levin
     Lewis (GA)
     Lynch
     Maloney (NY)
     Markey
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McNulty
     Meek (FL)
     Meeks (NY)
     Michaud
     Miller, George
     Moore (WI)
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Olver
     Pallone
     Pascrell
     Pastor
     Payne
     Price (NC)
     Rangel
     Reyes
     Richardson
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sherman
     Sires
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Sutton
     Tanner
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (NM)
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Welch (VT)
     Wexler
     Woolsey
     Wu
     Wynn

                             NOT VOTING--14

     Barrett (SC)
     Carson
     Cubin
     Davis, Jo Ann
     Delahunt
     Dingell
     Higgins
     Honda
     Jindal
     Lee
     Paul
     Perlmutter
     Pitts
     Tancredo

                              {time}  1423

  Mr. INSLEE changed his vote from ``yea'' to ``nay.''
  Messrs. WILSON of Ohio, WEINER, FARR, Ms. SHEA-PORTER, Mrs. LOWEY, 
Mr. COURTNEY, Ms. ZOE LOFGREN of California, Messrs. RAHALL, TAYLOR and 
OBERSTAR changed their vote from ``nay'' to ``yea.''
  So the motion to recommit was agreed to.
  The result of the vote was announced as above recorded.
  Mr. TOWNS. Mr. Speaker, pursuant to the instructions of the House in 
the motion to recommit, I report H.R. 928 back to the House with an 
amendment.
  The SPEAKER pro tempore. The Clerk will report the amendment.
  The Clerk read as follows:

       Amendment:
       At the end of the bill, add the following new section (and 
     conform the table of contents accordingly):

     SEC. 9. ANNUAL INSPECTOR GENERAL PERFORMANCE REVIEWS OF 
                   FEDERAL PROGRAMS AND AGENCIES.

       (a) Principle Duty.--Section 4 of the Inspector General Act 
     of 1978 (5 U.S.C. App.) is amended--
       (1) by redesignating subsections (a), (b), (c), and (d) as 
     subsections (b), (c), (d), and (e), respectively;
       (2) by inserting before subsection (b) (as so redesignated) 
     the following new subsection:
       ``(a) It shall be the principle duty and responsibility of 
     each Inspector General, with respect to the establishment 
     within which his Office is established, to review annually 
     the operations, efficiency, and effectiveness of all Federal 
     programs within such establishment and submit to the Congress 
     and the President not later than September 1 of each year 
     recommendations, accompanied by proposed legislation, on 
     whether an abolishment, reorganization, consolidation, or 
     transfer of existing Federal programs and agencies is 
     necessary--
       ``(1) to reduce Federal expenditures;
       ``(2) to increase efficiency of government operations;
       ``(3) to eliminate overlap and duplication in Federal 
     programs and offices;
       ``(4) to abolish agencies or programs that no longer serve 
     an important governmental purpose; and
       ``(5) to identify reductions in amounts of discretionary 
     budget authority or direct spending that can be dedicated to 
     Federal deficit reduction.''; and
       (3) in subsection (c)(1) (as so redesignated), by striking 
     ``(a)(1)'' and inserting ``(b)(1)''.
       (b) Conforming Amendments.--The Inspector General Act of 
     1978 (5 U.S.C. App.) is further amended--
       (1) in section 8(d), by striking ``section 4(d)'' and 
     inserting ``section 4(e)''; and
       (2) in section 8D(k)(2)(A), by striking ``section 4(d)'' 
     and inserting ``section 4(e)''.

  Mr. TOM DAVIS of Virginia (during the reading). Mr. Speaker, I ask 
unanimous consent that the amendment be considered as read and printed 
in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  The SPEAKER pro tempore. The question is on the amendment.
  The amendment was agreed to.
  The SPEAKER pro tempore. 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 the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. TOM DAVIS of Virginia. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 404, 
nays 11, not voting 17, as follows:

                             [Roll No. 937]

                               YEAS--404

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Bachus
     Baird
     Baker
     Baldwin
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean

[[Page 26315]]


     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyda (KS)
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Carnahan
     Carney
     Carter
     Castle
     Castor
     Chabot
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crenshaw
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Davis, Tom
     DeFazio
     DeGette
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Doggett
     Donnelly
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Everett
     Fallin
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     Flake
     Forbes
     Fortenberry
     Fossella
     Foxx
     Frank (MA)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Hastert
     Hastings (FL)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hobson
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hulshof
     Hunter
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Jordan
     Kagen
     Kanjorski
     Kaptur
     Keller
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kucinich
     Kuhl (NY)
     LaHood
     Lamborn
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Nunes
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Platts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Richardson
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sali
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Saxton
     Schakowsky
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sestak
     Shadegg
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Space
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Weldon (FL)
     Weller
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wolf
     Woolsey
     Wu
     Wynn
     Yarmuth
     Young (AK)
     Young (FL)

                                NAYS--11

     Bachmann
     Boehner
     Broun (GA)
     Culberson
     Deal (GA)
     Franks (AZ)
     Gingrey
     Marchant
     Sessions
     Shuster
     Westmoreland

                             NOT VOTING--17

     Barrett (SC)
     Boyd (FL)
     Cardoza
     Carson
     Cubin
     Davis, Jo Ann
     Delahunt
     Dingell
     Higgins
     Jindal
     Lee
     Oberstar
     Paul
     Perlmutter
     Pitts
     Pryce (OH)
     Tancredo


                Announcement By the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). There are less than 2 
minutes remaining on this vote.

                              {time}  1432

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated for:
  Mrs. BACHMANN. Mr. Speaker, on rollcall vote 937, I was recorded as 
``nay.'' It was my intention to have voted ``yea.'' I would like the 
Record to reflect my support of H.R. 928.

                          ____________________