[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


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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.

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