[House Report 108-52]
[From the U.S. Government Publishing Office]
Union Calendar No. 32
108th Congress, 1st Session - - - - - - - - - House Report 108-52
OVERSIGHT PLANS
FOR ALL
HOUSE COMMITTEES
with accompanying recommendations
__________
by the
COMMITTEE ON GOVERNMENT REFORM
HOUSE OF REPRESENTATIVES
(Required by House Rule X, Clause 2(d))
together with
MINORITY VIEWS
March 31, 2003.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
____________________________________________________________________________
For Sale by the Superintendent of Documents, U.S. Government Printing Office
Internet: bookstore.gpr.gov Phone: toll free (866) 512-1800; (202) 512�091800
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COMMITTEE ON GOVERNMENT REFORM
TOM DAVIS, Virginia, Chairman
DAN BURTON, Indiana HENRY A. WAXMAN, California
CHRISTOPHER SHAYS, Connecticut TOM LANTOS, California
ILEANA ROS-LEHTINEN, Florida MAJOR R. OWENS, New York
JOHN M. McHUGH, New York EDOLPHUS TOWNS, New York
JOHN L. MICA, Florida PAUL E. KANJORSKI, Pennsylvania
MARK E. SOUDER, Indiana CAROLYN B. MALONEY, New York
STEVEN C. LaTOURETTE, Ohio ELIJAH E. CUMMINGS, Maryland
DOUG OSE, California DENNIS J. KUCINICH, Ohio
RON LEWIS, Kentucky DANNY K. DAVIS, Illinois
JO ANN DAVIS, Virginia JOHN F. TIERNEY, Massachusetts
TODD RUSSELL PLATTS, Pennsylvania WM. LACY CLAY, Missouri
CHRIS CANNON, Utah DIANE E. WATSON, California
ADAM H. PUTNAM, Florida STEPHEN F. LYNCH, Massachusetts
EDWARD L. SCHROCK, Virginia CHRIS VAN HOLLEN, Maryland
JOHN J. DUNCAN, Jr., Tennessee LINDA T. SANCHEZ, California
JOHN SULLIVAN, Oklahoma C.A. ``DUTCH'' RUPPERSBERGER,
NATHAN DEAL, Georgia Maryland
CANDICE S. MILLER, Michigan ELEANOR HOLMES NORTON, District of
TIM MURPHY, Pennsylvania Columbia
MICHAEL R. TURNER, Ohio JIM COOPER, Tennessee
JOHN R. CARTER, Texas CHRIS BELL, Texas
WILLIAM J. JANKLOW, South Dakota ------
MARSHA BLACKBURN, Tennessee BERNARD SANDERS, Vermont
(Independent)
Peter Sirh, Staff Director
Melissa Wojciak, Deputy Staff Director
Randy Kaplan, Senior Counsel/Parliamentarian
Teresa Austin, Chief Clerk
Philip M. Schiliro, Minority Staff Director
(ii)
C O N T E N T S
__________
Page
Recommendations.................................................. 1
Agriculture...................................................... 17
Appropriations................................................... 24
Armed Services................................................... 44
Budget........................................................... 57
Education and the Workforce...................................... 63
Energy and Commerce.............................................. 67
Financial Services............................................... 95
Government Reform................................................ 114
House Administration............................................. 139
International Relations.......................................... 145
Judiciary........................................................ 163
Resources........................................................ 187
Rules............................................................ 208
Science.......................................................... 227
Small Business................................................... 234
Standards of Official Conduct.................................... 245
Transportation and Infrastructure................................ 249
Veterans' Affairs................................................ 265
Ways and Means................................................... 276
Views
Minority views of Hon. Henry A. Waxman, Hon. Major R. Owens, Hon.
Edolphus Towns, Hon. Carolyn B. Maloney, Hon. Elijah E.
Cummings, Hon. Dennis J. Kucinich, Hon. Danny K. Davis, Hon.
John F. Tierney, Hon. Diane E. Watson, Hon. Chris Van Hollen,
Hon. Linda T. Sanchez, Hon. Jim Cooper, and Hon. Chris Bell.... 287
(iii)
LETTER OF TRANSMITTAL
----------
House of Representatives,
Washington, DC, March 31, 2003.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker:
In accordance with Rule X(2)(d) of the Rules of the House
of Representatives, I respectfully submit the oversight plans
of each committee together with recommendations to ensure the
most effective coordination of such plans and otherwise achieve
the objectives of the House Rules.
Tom Davis, Chairman.
(v)
Union Calendar No. 32
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-52
======================================================================
OVERSIGHT PLANS FOR ALL HOUSE COMMITTEES WITH ACCOMPANYING
RECOMMENDATIONS
_______
March 31, 2003.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Tom Davis, from the Committee on Government Reform submitted the
following
REPORT
OVERSIGHT IN THE 108TH CONGRESS
RECOMMENDATIONS
OF THE
COMMITTEE ON GOVERNMENT REFORM
Pursuant to House Rule X, clause 2(d)(2), the Committee on
Government Reform reports to the House the oversight plans
submitted by each standing committee, along with the
committee's recommendations for ensuring the most effective
coordination of such plans.
Congressional oversight, as envisioned by the House
leadership, is ultimately about the rule of law. Federal law
authorizes the Federal Government to spend taxpayer funds to
accomplish certain defined missions. While much oversight is
designed to ensure that substantive public policy objectives
set forth in congressional enactments are achieved, Congress
has also recognized through the enactment of specific Federal
statutes that sound management practices will ensure that the
substantive objectives are achieved in a cost effective manner.
The Constitution's system of checks and balances obligates the
Congress to oversee the implementation of all of its
enactments.
Through such oversight, Congress can first determine
whether the executive branch is carrying out Congress's
intentions. Congress can then determine whether the
congressional enactment is having the desired effect. And
finally, Congress can ensure that government programs are
achieving their goals efficiently and cost effectively. Fraud,
waste, and mismanagement can be serious impediments to full
accomplishment of the government's mission. Congressional
oversight establishes the record for corrective action and
reforms that ensure the executive carries out the law to the
benefit of the public in a cost effective manner and that both
the taxpayers and the beneficiaries of Federal programs are not
deprived of the public benefits that Congress intended.
Improving the performance of the Federal Government has
taken on renewed importance in the wake of the terrorist
attacks of September 11, 2001, and the subsequent military
actions in Afghanistan and Iraq. The Federal Government suffers
from a variety of management problems that undermine its
ability to deliver the performance results American taxpayers
expect and deserve. These problems affect virtually every area
of the government. They include critical computer security
weaknesses, pervasive financial management troubles, and the
inability to demonstrate what most Federal programs accomplish.
Additionally, the government wastes billions and billions
of dollars each year due to improper or erroneous payments. The
chart below illustrates $33 billion in erroneous payments
identified by the Office of Management and Budget in 20
government programs. Overpayments are clearly unacceptable. In
addition to wasting taxpayer dollars, they drain much needed
resources from programs that benefit the American people.
----------------------------------------------------------------------------------------------------------------
Erroneous Payments
Programs ---------------------------------------------------
Amount (in millions) Percent\
----------------------------------------------------------------------------------------------------------------
Medicare--Fee-for-Service................................... $12,100.0 6.30%
----------------------------------------------------------------------------------------------------------------
Earned Income Tax Credit.................................... 9,200.0 29.35%
----------------------------------------------------------------------------------------------------------------
Housing Subsidy Programs.................................... 3,281.0 17.38%
----------------------------------------------------------------------------------------------------------------
Unemployment Insurance...................................... 2,251.3 9.21%
----------------------------------------------------------------------------------------------------------------
SSI......................................................... 1,590.0 5.73%
----------------------------------------------------------------------------------------------------------------
Food Stamps................................................. 1,340.0 8.66%
----------------------------------------------------------------------------------------------------------------
OASI........................................................ 1,339.0 .36%
----------------------------------------------------------------------------------------------------------------
Disability Insurance........................................ 1,313.0 2.22%
----------------------------------------------------------------------------------------------------------------
Medicare--Cost Reports...................................... 493.0 2.7%
----------------------------------------------------------------------------------------------------------------
Student Assistance Pell Grants.............................. 336.0 .71%
----------------------------------------------------------------------------------------------------------------
FEHBP....................................................... 241.0 1.14%
----------------------------------------------------------------------------------------------------------------
Federal Retirement.......................................... 167.0 .35%
----------------------------------------------------------------------------------------------------------------
Student Aid--External....................................... 65.0 .14%
----------------------------------------------------------------------------------------------------------------
Military Retirement Fund.................................... 18.6 .05%
----------------------------------------------------------------------------------------------------------------
Student Aid--Internal....................................... 13.3 .03%
----------------------------------------------------------------------------------------------------------------
Commodity Loans............................................. 7.6 .09%
----------------------------------------------------------------------------------------------------------------
Federal Transit Administration.............................. 5.5 .09%
----------------------------------------------------------------------------------------------------------------
(7a) Business Loan Program.................................. .3 1.9%
----------------------------------------------------------------------------------------------------------------
Airport Improvement Program................................. .3 .01%
----------------------------------------------------------------------------------------------------------------
FEGLI....................................................... .2 .01%
----------------------------------------------------------------------------------------------------------------
* Percentage of program payments in dollars
Source: www.results.gov
Management problems do not need to persist. In many cases,
solving these problems does not require new laws or major
infusions of money. It does require strong leadership at the
highest level of government. It also requires a sustained
commitment by Congress to focus on the problem and to hold
people accountable until the mission is accomplished.
The Committee on Government Reform urges the committees to
use all available resources to supplement their own efforts to
conduct oversight. Those resources include the services and
reports of the General Accounting Office, the Congressional
Research Service, and agency Inspectors General. For example,
in January 2003, GAO updated its ``High Risk Series,'' in which
it identifies 25 ``areas at high risk due to either their
greater vulnerabilities to waste, fraud, abuse, and
mismanagement or major challenges associated with their
economy, efficiency or effectiveness.'' In addition, committees
should look to agency strategic plans, performance plans, and
performance reports mandated by the Government Performance and
Results Act to review the agencies' strategic objectives,
measures of success, and their capacity to satisfy appropriate
performance measures. Finally, the committees should look at
past committee legislative and oversight reports, court cases,
and other studies that can illuminate the operations of the
Federal Government. Use of this common approach to oversight
will permit the committees to develop legislation and provide
recommendations for reform on the basis of a record that
clearly and effectively conveys the need for additional
congressional action.
The following selected samples of oversight activities from
the reports of the standing committees of Congress cover five
broad categories including homeland security and national
defense, savings and efficiencies, government performance, law
enforcement, and citizen services and benefits. The committee
has, in most cases, reviewed additional sources, such as those
identified above, to provide examples of the purposes,
objectives, performance measures, and known management
shortcomings of many programs that could be the subject of
relevant committee oversight. These examples illustrate the
challenges we face as we embark on our oversight activities
this Congress. Sustained and aggressive oversight will go a
long way toward ensuring the government's proper functioning in
accordance with Congress's intentions.
Homeland Security and National Defense
The protection of our Nation's borders is a critical
element of homeland security. Since the events of September
11th, concerns have been raised about the ability of terrorists
to enter the United States. The Judiciary Committee will
continue its oversight of immigration issues as the functions
of the Immigration and Naturalization Service [INS] are
transferred to the Department of Homeland Security. These
issues include border control strategies, removal of criminal
aliens, and immigration benefit fraud. In a November 8, 2002,
memorandum for the Attorney General and the Deputy Attorney
General, the Department of Justice Inspector General identified
10 top management challenges for the INS alone. The Inspector
General cited numerous Inspector General [IG] reports and
General Accounting Office [GAO] reports reflecting INS
deficiencies in these areas. For example, the IG reported that
the INS (1) lacks sufficient staff and equipment to protect the
northern border, (2) needs additional facilities and technology
to implement an effective control strategy for the southern
border, (3) cannot effectively identify aliens who are wanted
by law enforcement, and (4) lacks adequate detention capacity
for aliens it apprehends.
The International Relations Committee plans to investigate
border security, especially with regard to the visa lookout
program and new prohibitions for issuing visas to aliens who
are members of terrorist organizations, with the goal of
strengthening the government's fight against possible terrorist
threats. According to the January 2003 GAO Report: Major
Management Challenges and Program Risks, Department of State,
visa issuing policies and procedures are inconsistent among
overseas posts, and staff at many posts are inadequately
trained.
The Committee on Transportation and Infrastructure will
conduct oversight to assess the Coast Guard's implementation of
the Maritime Transportation Security Act of 2002 (Public Law
No. 107-295), and the overall state of maritime security.
According to the Conference Report accompanying this act, U.S.
ports are often open and exposed, leaving them susceptible to
large-scale acts of terrorism, which could result in loss of
life and economic disruption. The act requires the Secretary of
Transportation to prepare a National Maritime Transportation
Antiterrorism Plan for deterring catastrophic emergencies and
to assess port vulnerability.
The Judiciary Committee will conduct oversight of the
Department of Justice's continuing efforts to detect,
investigate, and prevent terrorist attacks. According to the
Department's Fiscal Year 2002 Performance Report, the
Department's counter-terrorism objectives for fiscal year 2003
include developing maximum feasible capacity for achieving its
ultimate objective of no terrorist attacks by putting in place
all necessary elements in five areas of competence:
investigations, intelligence, communications, liaison, and
program management.
The Committee on Agriculture will oversee the
implementation of the Public Health Security and Bioterrorism
Preparedness and Response Act of 2002 (Public Law No. 107-188).
The act directs the Department of Agriculture [USDA] to
maintain a list of biological agents and toxins that pose a
severe threat to the health of animals or plants. It also
directs the Department of Health and Human Services [HHS] to
develop and implement a coordinated strategy for carrying out
health-related activities to prepare for and respond to
bioterrorism and other public health emergencies.
The Committee on Financial Services will oversee the
implementation of the Terrorism Risk Insurance Act of 2002
(Public Law No. 107-297), by the Treasury Department, State
insurance departments, and insurance underwriters. According to
the Conference Report for this law, the ability of the
insurance industry to cover the unprecedented financial risks
presented by acts of terrorism can be a major factor in
recovering from terrorism attacks, while maintaining the
stability of the economy. The act establishes a 3-year
terrorism insurance program to pay the Federal share of
compensation for insured losses resulting from acts of
terrorism.
Homeland security also entails maintaining secure energy
sources for the United States, the largest energy consumer in
the world. The Energy and Commerce Committee will examine
national energy policy as it relates to conservation, energy
efficiency, production, and consumption of various sources of
energy. Because of a 180 percent increase in U.S. energy
consumption during the past 50 years and threats to the
security of global oil supplies, the Department of Energy's
[DOE's] role in ensuring that the Nation's energy needs are met
is critical (January 2003, GAO Report: Major Management
Challenges and Program Risks, Department of Energy).
The Veterans Affairs Committee will oversee the
implementation of the Department of Veterans Affairs Emergency
Preparedness Act of 2002 (Public Law No. 107-287). This law
expands VA's role in creating new research centers for the
purpose of preparing for and reacting to biological, chemical,
or radiological terrorist attacks, as well as threats against
active duty service members, veterans, and the general public.
(House Report No. 107-471 (2002)).
Several committees will oversee the development of the
newly established Department of Homeland Security [DHS].
Congressional oversight of the Department's creation, programs,
and activities will be critical to its success and to the
protection of the American people. Earlier this year the GAO
added the implementation of the new Department to its ``high-
risk'' list of Federal activities that are especially
vulnerable to waste, fraud, and mismanagement.
The Judiciary Committee will conduct oversight of the
transfer of law enforcement functions to the DHS to ensure that
those functions effectively assist the Department in fulfilling
its mission ``to prevent catastrophic attacks, mobilize
national resources for an enduring conflict, and assist in
recovery efforts.'' House Report No. 107-609 pt. 1 at 67
(2002).
Both the Committee on Government Reform and the Committee
on Transportation and Infrastructure will conduct oversight to
ensure that the DHS is prepared to meet the challenges
associated with integrating the various information systems
used by the agencies transitioning into the new Department.
The Transportation and Infrastructure Committee also plans
to oversee the transition of the U.S. Coast Guard into the new
department, including how the move will impact the ability of
the Coast Guard to carry out its non-security missions.
Likewise, the committee will scrutinize the incorporation of
the Federal Emergency Management Agency into DHS, to ensure
that disaster preparedness, response, and recovery programs are
not diminished. In the wake of September 11, 2001, FEMA has
expanded its scope to focus on the consequences of terrorism,
as well as natural disasters.
The Transportation and Infrastructure Committee will
conduct oversight of the Transportation Security
Administration's [TSA] move into DHS. The committee will
examine how the TSA will coordinate with Transportation
Department agencies that have security functions. TSA is
responsible for security in all modes of transportation, in
accordance with the Aviation and Transportation Security Act of
2001 (Public Law No. 107-71).
The Agriculture Committee will conduct oversight of the
transition of the USDA's Plum Island Animal Disease Center into
the DHS. The Plum Island Animal Disease Center has been folded
into DHS, pursuant to the Homeland Security Act (Public Law No.
107-296). The committee's oversight will include ensuring that
the non-security functions of the center, including research
and training programs continue in the new department. The Plum
Island Animal Disease Center is responsible for research and
diagnosis to protect U.S. animal industries and exports against
catastrophic economic losses caused by foreign animal disease
agents accidentally or deliberately introduced into the
country.
The Armed Services Committee will oversee how the new
Assistant Secretary of Defense for Homeland Defense and the
reorganization of combat commands, including the Northern
Command, will help to ensure the protection of the United
States. The committee plans to examine the impact of increased
operational tempo and the current policy on recruitment,
training, promotions, separations, and retirements. According
to the GAO in its January 2003 report Major Management
Challenges and Program Risks, Department of Defense, while the
services were able to meet their goals for recruiting and
retention for fiscal year 2001, retention challenges continued
for personnel holding technical and scientific skills that are
in demand by the private sector.
The Committee on Government Reform plans to conduct
oversight on the question of whether the Federal Government
would be able to perform essential functions in the event of
another terrorist attack. For example, if there were another
attack, would the government continue to be able to disburse
benefit checks, collect revenues, and communicate with other
agencies and state and local first responders? The committee
expects to work with Federal agencies to ensure they have
contingency plans in place in case of another major disruption,
such as the September 11th attacks.
In addition to questions surrounding continuity of
operations for the executive branch, the threat of another
attack raises vulnerability issues for congressional
operations. In the 108th Congress, the House Administration
Committee plans to review congressional continuity issues,
including organizing sessions of Congress at alternate
locations and providing technological support for Member
communications and chamber operations. In addition, the House
adopted some new rules to address continuity issues, including
requiring the Speaker of the House to name a successor and
allowing him to declare an emergency recess or accelerate or
postpone the reconvening of the House in the event of an
emergency.
Savings and Efficiencies
Millions of dollars of savings could be achieved through
greater oversight and management of Federal contracting
processes. Contract management deficiencies at selected Federal
departments and agencies continue to make the General
Accounting Office's ``high-risk'' list. This list contains
Federal programs that are especially vulnerable to waste,
fraud, and mismanagement. According to the GAO, poor
acquisition management plagues the largest Federal purchasers,
including the Department of Defense [DOD], Department of
Energy, and the National Aeronautics and Space Administration
[NASA]. Together these three agencies account for the
overwhelming majority of Federal contracting dollars, with DOD
alone accounting for 80 percent of the Federal Government's
annual contracting budget.
Both the Committee on Government Reform and the Armed
Services Committee plan to investigate defense contract
management problems. DOD is the government's largest purchaser,
spending more than $163 billion for goods and services used to
support the agency's mission. Despite the importance of
contracting to defense activities, contract management has been
a high-risk area since 1992. According to the GAO, financial
management practices and systems are so poor that the
Department is unable to ensure that it is acquiring goods and
services it needs at the best value for the taxpayer. Between
fiscal year 1994 and fiscal year 2001, defense contractors
voluntarily returned almost $7 billion in overpayments. In
addition, the Department faces serious challenges in its
efforts to contract for over $5 billion annually for health
care needs. Its health care program is overly complicated,
prescriptive, and unstable. Making matters worse is the fact
that the Department's acquisition workforce has been cut in
half over the past 10 years.
The Committee on Government Reform also plans to scrutinize
contract management at DOE and NASA. The contracting programs
at both of these agencies have been longstanding ``high-risk''
areas, according to the GAO. The Energy Department is the
largest nonmilitary contracting agency in the Federal
Government, spending $18 billion annually on contracts.
Contractors carry out most of the Department's missions and
operate its laboratories and other facilities. DOE contract
management has been designated a GAO high-risk area since 1990,
with ongoing problems with the selection of the appropriate
contract types, the lack of sufficient competition for
contracts, and cost and schedule overruns. DOE is taking steps
to address these longstanding management problems. For example,
according to its fiscal year 2002 Performance and
Accountability Report, the agency is working to base more of
its service contracts on performance. It is also trying to put
more of its solicitations for contracts online. Despite these
reform efforts, the GAO has found no indication of improved
performance.
The Science Committee also plans to investigate DOE's
procurement and contract management practices, including
contracting by the National Nuclear Security Administration and
the national laboratories. Although DOE has increased the
proportion of major site contracts awarded competitively to 56
percent, it continues to extend contracts at weapons
laboratories on a noncompetitive basis (January 2003, GAO
Report: Major Management Challenges and Program Risks,
Department of Energy).
NASA spends over $12 billion each year through its
contracting program. For over a decade, GAO has identified
NASA's contract management as a high-risk area. In addition to
maintaining poor financial and management systems, NASA has
failed to place emphasis on end results, product performance,
and cost control. Although much work remains, NASA is taking
steps to improve its acquisition practices. According to its
fiscal year 2002 Performance and Accountability Report, NASA
exceeded its goal of using performance-based contracts for 80
percent of its contracting dollars.
The Armed Services Committee will oversee efficiency
problems and infrastructure costs at the Pentagon. According to
the GAO in its 2003 report entitled Major Management Challenges
and Program Risks for the Department of Defense, although DOD
is emphasizing reforms, it lacks an overarching business
transformation strategy. Infrastructure costs account for
nearly 44 percent of its budget, detracting from DOD's ability
to spend funds on more critical requirements to carry out its
mission.
In addition, the Armed Services Committee and the Committee
on Government Reform will examine DOD information technology
[IT] acquisition and management to ensure compliance with the
E-Government Act of 2002 and the Clinger-Cohen Act of 1996. In
its 2003 report entitled Major Management Challenges and
Program Risks, Department of Defense, GAO found that the DOD
invests significant funds in information technology; however,
information management and information security weaknesses have
reduced the effectiveness of these investments.
The Veterans Affairs Committee will review the potential
for cost savings resulting from the sharing of medical care
resources between the Department of Defense and Department of
Veterans Affairs. Sharing of medical resources between these
two agencies was authorized by the Bob Stump National Defense
Authorization for Fiscal Year 2003 (Public Law No. 107-314).
According to a 1999 GAO survey of VA and DOD officials,
beneficiary access and patient satisfaction improved when DOD
and VA resources were shared.
The Committee on Small Business plans to investigate ways
to improve procurement goals for disabled veterans. In
establishing the new office of Veterans Business Development
and the National Veterans Business Development Corp., the Small
Business Administration [SBA] has made it a goal to integrate
services from DOD, VA, and Department of Labor [DOL] to cut
costs in veterans business issues, according to the SBA Fiscal
Year 2003 Performance Plan.
The Energy and Commerce Committee will review the
efficiency, effectiveness, funding, and pace of progress of the
Superfund program. The oversight will focus on the
Environmental Protection Agency's [EPA] administration of the
Superfund Trust Program, which according to the EPA's fiscal
year 2002 annual report, has resulted in cost recoveries of
$3.1 billion from 1997 through 2002.
The Committee on Financial Services will conduct oversight
on the implementation of the Sarbanes-Oxley Act (Public Law No.
107-204), and the work of the Public Company Accounting
Oversight Board. According to the Conference Report, investors
must be protected by improving the accuracy and reliability of
corporate disclosures made pursuant to securities law. The act
established the Public Company Accounting Oversight Board,
which is responsible for overseeing audits of public companies
that are subject to securities laws and establishing audit
report standards and rules. The board is also responsible for
inspecting, investigating, and enforcing compliance with the
law by public accounting firms and certified public
accountants.
The Committee on Financial Services will also conduct
oversight of the Federal Reserve's operations and management
system. The Federal Reserve is responsible for the Nation's
monetary policy and supervising and regulating banking
institutions.
The Committee on Resources will conduct oversight on the
implementation and success of the National Parks Omnibus
Management Act of 1998 (Public Law No. 105-391), which is a law
to enhance management practices of the National Parks Service.
The act was passed after the GAO found that the National Park
Service had inadequate data on the condition of resources
entrusted to its management.
The Committee on Resources will conduct oversight of the
Federal land exchange program authorized by the Federal Land
Exchange Facilitation Act. The act transferred the authority to
administer the program to the Bureau of Land Management. From
1996 to 2000, GAO issued a number of external audits
criticizing the land exchange program.
The Committee on Resources will conduct oversight on the
implementation of the National Wildlife Refuge System
Improvement Act of 1997 (Public Law No. 105-57), and the
efforts to complete a comprehensive conservation plan for each
refuge. According to the Conference Report, the law provides
that the mission of the National Wildlife Refuge System is to
administer a national network of lands and waters for the
conservation, management, and restoration of fish, wildlife,
and plant resources and their habitats. The system is comprised
of 540 refuges, which are located in all 50 States and five
territories.
The Energy and Commerce Committee will monitor the
management of government and private sector use of the spectrum
by the National Telecommunications and Information
Administration and the Federal Communications Commission [FCC].
Because of its limited availability and current allocation, the
spectrum will need to be used efficiently in order to benefit
new wireline and wireless telecommunications technologies and
prevent redundancy of services.
The Energy and Commerce Committee intends to review the
level of funding for the Corporation for Public Broadcasting
[CPB], which is $362.8 million for fiscal year 2003 (House
Report No. 108-10 (2003)), as well as examine the costs
involved in converting public television stations to the
digital standard and the uses of digital technology by those
stations. According to the CPB Digital Funding for Public
Television report, Federal appropriations for digital
conversion has included $20 million in fiscal year 2001 and $25
million in fiscal year 2002 in direct assistance and $43.5
million in those 2 years for specific digital transition
projects.
The Confidential Information Protection and Statistical
Efficiency Act of 2002 (Public Law No. 107-347) allows for
sharing of business data among agencies under uniform
confidentiality protections. The Ways and Means Committee will
examine whether this authority should be expanded to permit the
Internal Revenue Service to share tax data with other Federal
agencies for statistical purposes, to improve the quality of
government information.
Trade Adjustment Assistance programs were extended for
fiscal year 2002 and fiscal year 2003 at a cost of
approximately $400 million per year. The Ways and Means
Committee will continue its oversight of those programs for
workers and firms that have lost jobs or business as a result
of increases in imports. House Report No. 107-244 (2001).
The Committee on Financial Services will conduct oversight
of the Treasury Department's printing and striking of U.S.
currency and coins and the efficiency and productivity of
manufacturing operations. The Fiscal Year 2002 Treasury
Department Performance and Accountability Report finds that the
U.S. Mint has improved its production operations efficiency by
consolidating headquarters and cutting unnecessary items from
the budget.
The Energy and Commerce Committee will investigate DOE's
Environmental Management program to clean up radioactive and
hazardous wastes. DOE estimates that the total cost of clean up
of all the sites will exceed $220 billion and take 70 years,
and that $60 billion has been spent without a corresponding
reduction in actual risk (January 2003, GAO Report: Major
Management Challenges and Program Risks, Department of Energy).
The Science Committee intends to monitor the DOE's plans to
reorganize its headquarters program offices, field offices, and
over 50 government-owned, contractor-operated facilities. Many
of these facilities are in need of repair. An estimated $5
billion to $8 billion above amounts budgeted will have to be
invested in the nuclear weapons complex over the next 10 years,
and over $300 million has been identified in deferred
maintenance for science laboratories (January 2003, GAO Report:
Major Management Challenges and Program Risks, Department of
Energy).
The Ways and Means Committee will investigate the
multibillion-dollar computer modernization component of the
Internal Revenue Service [IRS] 10-year modernization program.
This program is intended to improve service to taxpayers and
ensure greater taxpayer compliance with tax laws. The
modernization program remains at risk because the scope and
complexity of the program is growing and the management
capacity is still evolving. (January 2003, GAO Report: Major
Management Challenges and Program Risks, Department of the
Treasury).
The Committee on Resources will conduct oversight on the
U.S. Forest Service's financial management. The January 2003
GAO Report: Major Management Challenges and Program Risks,
Department of Agriculture, designated the financial management
of the U.S. Forest Service as ``high risk'' because of serious
internal control weaknesses.
The Committee on Transportation and Infrastructure will
conduct oversight to determine if implementation of the Federal
Motor Carrier Safety Administration's January 1, 2003, New
Entrant Program will result in a reduction of Federal and State
safety and enforcement activities. The committee is concerned
that the fiscal year 2003 budget does not contain the necessary
resources to conduct the program. The program requires all new
motor carriers, private and for-hire, operating in interstate
commerce to apply for registration as a ``new entrant.'' The
new entrant designation will be removed from the registration
at the end of the 18-month safety-monitoring period, if the
carrier has passed a safety audit or has not been deemed
``unfit'' following the compliance review and the new entrant
does not have any outstanding civil penalties. The Federal
Motor Carrier Safety Administration plans to use a combination
of Federal and State personnel to implement the program.
Government Performance
One of the primary oversight tools that congressional
committees have is the Government Performance and Results Act
of 1993 (Public Law No. 103-62) (Results Act). This law gives
Congress and taxpayers information about what agencies are
accomplishing in relation to the money they spend. The Results
Act shifts the focus of government decisionmaking and
accountability away from processes and toward results. This
year marks the 10-year anniversary of the Results Act. The
administration has started a program to link the budgets for
selected programs to the results those programs are achieving.
As we reach the 10-year anniversary of the Results Act this
year, the Committee on Government Reform will examine whether
government performance and accountability has improved or
declined over the past decade. In addition, Results Act plans
and reports should be used by committees to review whether
Federal departments and agencies are accomplishing their goals
and objectives. They can also be used to identify programs that
are overlapping or duplicative and can be used to enforce
accountability when goals and objectives are not being met.
The Rules of the House require that committee reports
accompanying legislation include a statement of general
performance goals and objectives, including outcome-related
goals and objectives, for which the measure authorizes funding.
Performance goal statements should: (1) describe goals in an
objective, quantifiable, and measurable form; (2) describe the
resources required to meet the goals; (3) establish performance
indicators to measure outputs or outcomes; and (4) provide a
basis for comparing actual program results with performance
goals.
For example, the International Relations Committee plans to
investigate the implementation of the Results Act in the State
Department and USAID. According to the January 2003 GAO Report:
Major Management Challenges and Program Risks, U.S. Agency for
International Development, USAID has had problems with
performance accountability in the past. A 2001 Department of
State Inspector General report stated that all seven audited
areas needed improvement in performance monitoring plans.
The Armed Services Committee plans to examine Results Act
implementation for the DOD. The GAO found in a January 2003
report that the DOD continues to lack performance measures that
tie resource allocation with specific outcomes as required
under the Results Act. In fact, DOD did not issue Results Act
performance plans for fiscal year 2002 or fiscal year 2003 and
has not reported on fiscal year 2001 results.
The Judiciary Committee will review whether regulatory
actions usurp congressional authority by having the effect of
raising taxes. The Judiciary Committee will also review whether
Executive orders are used consistent with the President's
executive authority.
Law Enforcement
Another important theme within the oversight activities of
the Congress is the investigation and prevention of crime and
the establishment and implementation of drug policies. Policies
currently used by agencies to reduce crime and the availability
of illegal drugs should be evaluated for overall effectiveness.
For example, the International Relations Committee will oversee
the efficient use of funds meant to pursue narcotics reduction
objectives. According to the January 2003 GAO Report: Major
Management Challenges and Program Risks, Department of State,
while billions of dollars spent by the United States have
resulted in the arrest of drug traffickers and the seizure of
illegal drugs, the availability of drugs in the United States
has not been materially reduced.
The Judiciary Committee expects to conduct oversight on
Federal law enforcements efforts to identify, investigate, and
dismantle drug trafficking organizations and to examine the
connection between drugs and terrorism. The Department of
Justice has established a revised final fiscal year 2003 goal
of disrupting or dismantling 90 priority drug trafficking
organizations. Attorneys General's 2002 Performance Report.
The Committee on Transportation and Infrastructure will
conduct oversight of the Coast Guard's drug interdiction
mission to ensure that the Coast Guard's resources are
effectively used to reduce the supply of illegal drugs in the
United States. The Anti-Drug Abuse Amendments Act of 1988
(Public Law No. 100-690) expanded the Coast Guard's law
enforcement authority to include the enforcement of Federal
laws above the high seas and waters.
The Committee on Financial Services will conduct oversight
of the USA PATRIOT Act (Public Law No. 107-56), and the
establishment of the Department of Homeland Security to ensure
that anti-money laundering efforts continue. In 2002, the
Treasury Department embarked on the largest anti-money
laundering regulatory program to date. According to the
Treasury Department's Fiscal Year 2002 Performance and
Accountability Report, the implementation of the USA PATRIOT
Act resulted in the value of monetary instruments seized being
188.7 percent above the projection for fiscal year 2002, and
the value of property seized being 43.9 percent above the
projection for fiscal year 2002.
The Committee on Financial Services will conduct oversight
of the efforts to detect and combat counterfeiting of U.S.
currency and will monitor the transfer of the Secret Service
into the Department of Homeland Security to ensure that the
move will not diminish the Service's anti-counterfeiting
effectiveness. According to the Treasury Department's Fiscal
Year 2002 Performance and Accountability Report, $68 of
counterfeit currency was present for every million dollars of
genuine currency in circulation. This amount is 15 counterfeit
dollars fewer per million dollars than the target goal set for
2002.
The Committee on Financial Services will conduct a broad
review that includes the Gramm-Leach-Bliley Act (Public Law No.
106-102) and the Fair Credit Reporting Act, in addition to
other financial privacy issues, to determine whether consumers
have adequate protection from identity theft and assistance if
they should become victims of identity theft. According to a
Federal Trade Commission [FTC] report, identity theft comprised
42 percent of the consumer fraud complaints received by the
commission in 2001.
Citizen Services and Benefits
The Committee on Financial Services will conduct oversight
on the implementation of the Gramm-Leach-Bliley Act (Public Law
No. 106-102), highlighting the notice requirements for
consumers regarding how their personal informational is used
and released by private financial institutions. Title V of that
act outlines financial privacy requirements for consumers when
dealing with private financial institutions.
The Committee on Financial Services will conduct oversight
to ensure that the Fair Credit Reporting Act benefits
individual consumers and the Nation. On January 1, 2004,
certain uniform national provisions of the credit reporting
process will expire. Oversight will also be conducted as to the
consequence of allowing individual States to set their own fair
credit reporting standards. The Fair Credit Reporting Act,
which is enforced by the FTC, was enacted to promote accuracy
and ensure privacy for information provided in credit reports.
The Committee on Resources will conduct continued oversight
on the implementation of the Endangered Species Act of 1973 and
the conflicts and inconsistencies in its application to private
property and Federal activities. The act was created to provide
a means whereby the ecosystems upon which endangered species
and threatened species depend may be conserved and to provide a
program for the conservation of such endangered species and
threatened species.
The Committee on Resources will conduct oversight on these
remedial steps to improve the Department of the Interior's
Indian Trust account management. The Department of the Interior
is responsible for funds which Indian tribes or individual
tribal members recover from land or water settlements, treaty
provisions, and other sources. The funds are deposited into
trust funds managed by the Office of Trust Fund Management.
Hundreds of thousands of Indian Trust accounts have not been
reconciled and are now subject of litigation between account
owners and the Department of Interior. According to the
Department of the Interior's Status Report to the Court No. 12
for October 1, 2002 to December 31, 2002, steps are being taken
in order to correct the mismanagement of the Indian Trust
accounts, including ordering computer and software equipment to
organize and manage the trusts better.
The Committee on Resources will conduct oversight on how to
reform the Surface Mining Control and Reclamation Act of 1977
(Public Law No. 95-87) in order to complete the act's
reclamation goals and keeping the healthcare promises to
retirees. The act created the Abandoned Mine Reclamation Fund,
which required operators of coal mines to pay into the fund
quarterly fees for coal produced by surface and underground
mining, or 10 percent of the value of the coal in the mine,
whichever is less. The fee is used for the restoration of pre-
1977 abandoned coal mines and to pay premiums for particular
coal miners and spouses who were guaranteed healthcare benefits
in coal wage agreements signed from 1950 and later. The fee
collection authority is set to expire in 2004, although many
priority projects remain unfinished.
The Committee on Resources will conduct oversight to ensure
that the U.S. Forest Service and Bureau of Land Management's
wildfire suppression fleet is upgraded in an expeditious
manner. The U.S. Forest Service and Bureau of Land Management
empaneled a commission to review the safety of Forest Service
and Department of the Interior aviation after a series of plane
crashes during the 2002 wildfire season. The December 2002
report stated that the safety record of aircraft and
helicopters used in wildfire management is unacceptable. As a
result, two types of aircraft were grounded.
The Energy and Commerce Committee will review the FCC's
administration of the Universal Service Fund, which will focus
on both the services covered by the fund and potential fraud,
waste, and abuse of the Schools and Libraries program. The
overall fund is $4.5 billion, and the Schools and Libraries
portion is $2.25 billion.
The Energy and Commerce Committee will continue to monitor
the FCC's implementation of the local competition goals of the
1996 Telecommunications Act (Public Law No. 104-104). A major
objective of the act is to provide for a pro-competitive, de-
regulatory national policy framework designed to accelerate
rapidly private sector deployment of advanced
telecommunications and information technologies and services to
all Americans by opening all telecommunications markets to
competition (House Report No. 104-458 (1996)).
The Committee on Agriculture will conduct oversight of the
Department of Agriculture's implementation of the Farm Security
and Rural Investment Act of 2002 (Public Law No. 107-171). The
act directs USDA's Secretary to enter into contracts with
eligible owners and producers of eligible cropland for both
direct and counter-cyclical payments in crop years 2002 through
2006.
The public must have confidence that the Federal judiciary
will uphold the law with integrity and impartiality. The
Judiciary Committee will continue to examine the judicial
discipline system following the dismissal without further
inquiry of substantial evidence of misconduct set forth in a
formal complaint by the chairman against Seventh Circuit Senior
Judge Richard D. Cudahy and the admission in open court by
Minnesota District Judge James Rosenbaum of his knowing
imposition of an illegal sentence. In re: The Judicial Council
for the Seventh Circuit, 294 F.3d 947 (7th Cir. 2002)(regarding
Senior Judge Cudahy); House Report No. 107-769, at 29 (2002)
(quoting Judge Rosenbaum from a sentencing hearing transcript:
``Now that represents an illegal departure'').
The Committee on Energy and Commerce will monitor the
implementation of improvements to the Medicare program.
Medicare program expenditures were approximately $241 billion
in fiscal year 2001 and account for one in every eight Federal
dollars spent. Over 40 million elderly and disabled Americans
receive health care services through this program. Due to the
size and complexity of Medicare, the Centers for Medicare &
Medicaid Services continue to have difficulty with payment
methods so that they reward fiscal discipline and ensuring
beneficiary access to care. (January 2003, GAO Report: Major
Management Challenges and Program Risks, Department of Health
and Human Services).
The Veterans Affairs Committee will investigate
inefficiencies with regard to service of beneficiaries,
collecting funds from third parties, and evaluating claims from
veterans and family members. The January 2003 GAO Report: Major
Management Challenges and Program Risks, Veterans
Administration, stated that inadequate national oversight often
hampers the VA's ability to assess the quality and timeliness
of the care it provides and limits its ability to identify
performance problems and appropriate measures to improve
performance.
The Committee on Financial Services will conduct oversight
of the Department of Housing and Urban Development's
implementation of its Section 8 Housing Project and its
consequences. According to GAO in its January 2003 report
entitled Major Management Challenges and Program Risks,
Department of Housing and Urban Development, HUD's Section 8
Project works directly with approximately 22,000 property
owners. The program encourages the owners to develop or
rehabilitate rental housing for low-income families with rental
assistance tied to specific units under an assistance contract
wit the project owners. The Section 8 Project consumes over 50
percent of the total HUD discretionary budget each fiscal year.
Although GAO has removed the Department of Housing and
Urban Development [HUD] as a high-risk agency, the Committee on
Financial Services will conduct comprehensive oversight of
HUD's management and staffing initiatives. According to HUD's
Fiscal Year 2002 Performance and Accountability Report, HUD has
completed implementation of a new staffing resource estimation
and allocation system, enhanced staff recruiting, and
development and training programs.
The Education and the Workforce Committee will monitor the
Department of Education's 601 recommendations to implement
internal financial controls directed at fraud, waste and
mismanagement in the grants and loan disbursement process,
third party draft processes, and government purchase cards.
These recommendations were made to address losses, which were
estimated at $450 million before October 2001 (January 2003,
GAO Report: Major Management Challenges and Program Risks,
Department of Education).
The Education and the Workforce Committee will oversee
implementation of the No Child Left Behind Act (Public Law No.
107-110), particularly State and local compliance with
accountability and assessment standards. A majority of States
had not complied with specific requirements as of March 2001.
The Department of Education allocated $2.8 billion in fiscal
year 2002 to achieve objectives to link Federal education
funding to accountability for results, increase flexibility and
local control, increase information and options for parents,
and encourage the use of scientifically based methods within
Federal education programs (January 2003, GAO Report: Major
Management Challenges and Program Risks, Department of
Education; Department of Education Fiscal Year 2002 Performance
and Accountability Report).
The Judiciary Committee will conduct oversight of the
billions of dollars of grants managed by the Department of
Justice's Office of Justice Programs [OJP]. The Department's
Inspector General identified grants management at OJP as one of
the Department's Top Ten Management Challenges in a November 8,
2002 memorandum to the Attorney General and the Deputy Attorney
General.
The Judiciary Committee will examine the effect of the
bankruptcy laws to ensure that protections for employee
pensions, wages, and benefits are adequately protected.
The Judiciary Committee will conduct oversight on
admissions policies adopted in the wake of affirmative action
litigation and referenda in States, such as Washington,
Georgia, Texas, Florida, and California. The admissions
policies of the University of Michigan and its law school are
currently under review by the Supreme Court to determine
whether their affirmative action programs are unconstitutional.
The Committee on the Judiciary will conduct oversight on
the copyright system to ensure the appropriate balance between
protection of copyrighted material from theft by duplication
using digital technology and access to consumers of copyrighted
materials.
[The oversight plans of all house committees follow:]
MINORITY VIEWS OF HON. HENRY A. WAXMAN, HON. MAJOR R. OWENS, HON.
EDOLPHUS TOWNS, HON. CAROLYN B. MALONEY, HON. ELIJAH E. CUMMINGS, HON.
DENNIS J. KUCINICH, HON. DANNY K. DAVIS, HON. JOHN F. TIERNEY, HON.
DIANE E. WATSON, HON. CHRIS VAN HOLLEN, HON. LINDA T. SANCHEZ, HON. JIM
COOPER, AND HON. CHRIS BELL
We agree with the majority that Congress should focus
oversight efforts in the coming years on ensuring improvement
in the Federal Government's management problems and reduction
of waste, fraud, and abuse in government. We also believe that
the majority report appropriately underscores the need for
Congress to invest time and resources in overseeing the
implementation of laws to address the myriad security issues
facing the country in the aftermath of September 11th, and the
coordination of Federal Government activity in this area.
We appreciate the work the chairman on this committee has
done in this Congress to work cooperatively with the minority
to identify and plan oversight activities. With respect to the
oversight plans of committees as a whole, however, there is a
significant gap in the oversight approach proposed by the
majority for this Congress. The majority has failed to
recognize the important role Congress should play in examining
questionable activities by executive branch officials.
A good example of the need for congressional oversight is
the administration's use of forged evidence relating to Iraq.
On March 7th, Mohamed ElBaradei, Director General of the
International Atomic Energy Agency, reported that evidence
linking Iraq to efforts to purchase uranium from Africa was
fake. Despite the fact that the CIA also doubted the
credibility of this evidence, it was a central part of the
administration's case against Iraq. It was part of the State
Department's December 19, 2002, response to Iraq's disarmament
declaration to the United Nations Security Council. It was
cited by the President in his 2003 State of the Union address.
And it was subsequently relied upon by Secretary of Defense
Donald Rumsfeld. The use of this evidence in the face of CIA
doubts raises serious questions about the conduct of senior
administration officials.
Congress should also conduct oversight of the
administration's inclination to place politics ahead of science
in multiple areas. For example, the administration has removed
valuable information from public health Web sites, replaced
respected scientists on scientific advisory boards, and based
policies on misleading data.
In short, we believe that congressional oversight of the
executive branch from the lowest to highest levels is central
to our democratic system, regardless of whether the majority in
Congress shares a party affiliation with the President.
Hon. Henry A. Waxman.
Hon. Major R. Owens.
Hon. Edolphus Towns.
Hon. Carolyn B. Maloney.
Hon. Elijah E. Cummings.
Hon. Dennis J. Kucinich.
Hon. Danny K. Davis.
Hon. John F. Tierney.
Hon. Diane E. Watson.
Hon. Chris Van Hollen.
Hon. Linda T. Sanchez.
Hon. Jim Cooper.
Hon. Chris Bell.