[Congressional Record (Bound Edition), Volume 155 (2009), Part 19]
[Extensions of Remarks]
[Page 25229]
[From the U.S. Government Publishing Office, www.gpo.gov]




 THE DEPARTMENT OF JUSTICE INSPECTOR GENERAL AUTHORITY IMPROVEMENT ACT 
                                OF 2009

                                 ______
                                 

                         HON. JOHN CONYERS, JR.

                              of michigan

                    in the house of representatives

                       Tuesday, October 20, 2009

  Mr. CONYERS. Madam Speaker, I am pleased to introduce today the 
``Department of Justice Inspector General Authority Improvement Act of 
2009.'' This Act will authorize the Department of Justice Inspector 
General to investigate attorney misconduct within the Department of 
Justice.
  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.
  In contrast with the statutorily independent Inspector General, 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 and independently investigate high level officials in the 
department when the Attorney General himself has authority over such 
investigation.
  This limitation on authority does not exist for any other Inspector 
General of other agencies. Accordingly, the Department's Inspector 
General should have the same power Inspector Generals have throughout 
the government to investigate any and all allegations of wrongdoing 
that arise in their department.
  In the last Congress, I offered this provision as an Amendment to 
H.R. 924, the Improving Government Accountability Act. It passed the 
House, however, it was stripped from the final Bill when the measure 
went to the Senate. I am introducing this legislation again today 
because I believe that transparency and vigorous oversight are 
essential to maintain the checks and balances of our constitutional 
system.
  As documented in my recently released report, ``Reining in the 
Imperial Presidency: Lessons and Recommendations Relating to the 
presidency of George W. Bush,'' there was serious misconduct on the 
part of Department of Justice attorneys, including alleged misconduct 
by high level politically appointed attorneys, in connection with 
hiring attorneys for the Civil Rights Division or in other components 
of the Department. However, due to the unique limitations on his power, 
it was difficult for the Inspector General to fully investigate these 
allegations. I certainly trust those sorts of abuses are unlikely to 
recur in this Administration.
  This legislation will help prevent future abuses and politicization 
of the Department of Justice by improving the Inspector General's tools 
to effectively carry out his mission. Such vigorous oversight is a 
matter of good government, regardless of the political party in power.

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