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Executive Privilege and Individuals Outside the Executive Branch [October 9, 2019]
From the Document: "White House assertions of executive privilege for presidential communications have historically been confined to individuals who were executive branch employees when those communications occurred. While the idea that executive privilege could extend to individuals outside the executive branch predates the Trump Administration, it appears that recent testimony by Kris Kobach, former Kansas Secretary of State, and Corey Lewandowski, former manager of Donald Trump's 2016 presidential campaign, are likely the first times the executive branch has actually made such an assertion to Congress."
Library of Congress. Congressional Research Service
Wilhelm, Ben
2019-10-09
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Voluntary Testimony by Executive Branch Officials: An Introduction [November 27, 2019]
From the Introduction: "In recent presidential Administrations, there have been several high-profile disputes between Congress and the White House regarding access to executive branch officials. This has included attempts by Congress to enforce subpoenas issued to Harriet Miers, White House Counsel to President George W. Bush; Eric Holder, Attorney General to President Barack Obama; and Wilbur Ross and William Barr, Secretary of Commerce and Attorney General to President Donald Trump, respectively. [...] This report focuses on one facet of inter-branch interaction: testimony before congressional committees. The report outlines the origins of voluntary testimony by the executive branch, identifies some notable incentives for voluntary participation, and covers some key dimensions of the practice of voluntary participation."
Library of Congress. Congressional Research Service
Wilhelm, Ben
2019-11-27
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GAO and Inspector General Recommendations to Agencies: An Introduction [April 12, 2021]
From the Document: "Congress has established a number of institutions dedicated to monitoring and reporting on federal agencies and making recommendations to improve their integrity, efficiency, and effectiveness. These entities include dozens of statutory Offices of Inspector General (OIGs) and the Government Accountability Office (GAO), each of which has a mission focused on the economy, efficiency, and effectiveness of the federal government's operations. [...] This In Focus introduces the topic of GAO and OIG recommendations, their underlying statutory frameworks, and how they might be relevant to Congress. While this In Focus covers both GAO and OIG recommendations because of their practical similarities, GAO and the OIGs are established by different statutes, have distinct missions and roles, and perform their duties in their own ways."
Library of Congress. Congressional Research Service
Wilhelm, Ben
2021-04-12
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Pandemic Response Accountability Committee: Organization and Duties [Updated April 28, 2020]
From the Document: "The Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136) created a new federal entity, the Pandemic Response Accountability Committee (PRAC), to 'conduct and support oversight' of the federal government's response to the COVID-19 [coronavirus disease 2019] pandemic and promote transparency. This Insight provides an introduction to the organization and duties of the PRAC."
Library of Congress. Congressional Research Service
Wilhelm, Ben
2020-04-28
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Congressional Oversight Provisions in the Paycheck Protection Program and Health Care Enhancement Act [April 27, 2020]
From the Document: "President Donald Trump signed the Paycheck Protection Program and Health Care Enhancement Act (P.L. 116-139) on April 24, 2020. The act provides supplemental appropriations for the Paycheck Protection Program, the Public Health and Social Services Emergency Fund to support health care providers and expand testing for COVID-19 [coronavirus disease 2019], and Small Business Administration disaster loans and grants. This legislation is the fourth relief act addressing the COVID-19 pandemic. As was the case for the Coronavirus Preparedness and Response Supplemental Appropriations Act (P.L. 116-123), the Families First Coronavirus Response Act (P.L. 116-127), and the Coronavirus Aid, Relief, and Economic Security Act (P.L. 116-136), it includes oversight provisions designed to support Congress's ability to monitor and evaluate the executive branch's implementation. All identified congressional oversight provisions in the Paycheck Protection Program and Health Care Enhancement Act relate to the Department of Health and Human Services (HHS). This Insight details identified congressional oversight provisions included in the act."
Library of Congress. Congressional Research Service
Wilhelm, Ben
2020-04-27
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Removal of Inspectors General: Rules, Practice, and Considerations for Congress [Updated May 26, 2020]
From the Introduction: "In 1978, Congress passed the Inspector General Act (IG Act; P.L. 95-452) with the intent to improve oversight within certain executive branch agencies. During the floor debate on the legislation, Senator Thomas Eagleton described independence as the 'most important' characteristic of the inspectors general. [...] The removal procedures for inspectors general, which fall between removal without limitations and removal only for cause, have been considered an integral element of that independence since 1978. Nonetheless, there have been some instances in which Presidents have removed inspectors general, and those actions have raised concerns in Congress. In addition, Congress has considered and enacted additional removal requirements since 1978. This In Focus provides an overview of the current removal procedure for inspectors general, identifies some notable removals, and discusses potential issues for Congress."
Library of Congress. Congressional Research Service
Wilhelm, Ben
2020-05-26
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Presidential Transitions: Executive Orders [November 24, 2020]
From the Document: "In Section 2 of the Presidential Transition Act of 1963 (as amended; 3 U.S.C. 102 note), Congress declared that '[t]he national interest requires that [presidential] transitions ... be accomplished so as to assure continuity in the faithful execution of the laws and in the conduct of the affairs of the Federal Government, both foreign and domestic.' The crux of such a transition is the transfer of executive power from the incumbent to the President-elect. The executive's power manifests in a variety of processes with application to a broad range of policy areas and issues. CRS [Congressional Research Service] has produced a set of products examining selected processes and policies that may be of particular interest during a presidential transition. This Insight discusses how incoming and outgoing Administrations might use executive orders during the transition period, including some potential advantages and limits of these strategies. Other related products examine clemency, government records, presidential appointments (executive branch), rulemaking, and presidential transitions generally."
Library of Congress. Congressional Research Service
Wilhelm, Ben
2020-11-24
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Legislative Proposals Related to the Removal of Inspectors General in the 116th Congress [December 9, 2020]
From the Document: "The role of inspectors general (IGs) within the federal government is an issue of perennial interest to Congress. In particular, removal protections for IGs have drawn frequent attention. Proposals to adjust the requirements and procedures for IG removal received increased attention in 2020, especially after President Donald Trump removed two Senate-confirmed IGs and replaced two acting IGs. This In Focus describes the current removal procedure under the Inspector General Act (IG Act; 5 U.S.C. Appx.) and then briefly summarizes legislation introduced during the 116th Congress that would change this procedure. While policy experts and others have offered other proposals, this In Focus does not discuss those proposals."
Library of Congress. Congressional Research Service
Wilhelm, Ben
2020-12-09
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Oversight Provisions in H.R. 6074, the Coronavirus Preparedness and Response Supplemental Appropriations Act [March 12, 2020]
From the Document: "President Donald Trump signed H.R. 6074, the Coronavirus Preparedness and Response Supplemental Appropriations Act, on March 6, 2020. It provides a total of $8.3 billion in supplemental funding to support the response of the United States to Coronavirus Disease 2019 (COVID-19). Prior to the passage of H.R. 6074, Congress had already begun to oversee the federal government's response to COVID-19 with committee hearings in both the House and the Senate. Other committees are planning additional hearings in the coming weeks, and the Trump Administration has also been providing regular briefings. This voluntary flow of information among Congress, senior Administration leaders, and frontline experts will facilitate Congress's response to COVID-19. If lines of communication remain open, voluntary information sharing may prove to be sufficient to meet Congress's needs and expectations for oversight. However, H.R. 6074 makes explicit a number of requirements regarding both the type and frequency of information Congress will receive."
Library of Congress. Congressional Research Service
Wilhelm, Ben
2020-03-12
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Presidential Directives: An Introduction [November 13, 2019]
From the Document: "Presidential directives, such as proclamations and executive orders, are a tool used by Presidents to announce official policy and make declarations in their roles as leader of the executive branch, commander in chief of the Armed Forces, and head of state. Presidents have used directives throughout American history for a wide variety of purposes, but they have taken on a more central policy role in recent Administrations."
Library of Congress. Congressional Research Service
Wilhelm, Ben
2019-11-13
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Biden Administration's Initial Presidential Directives in Context [February 3, 2021]
From the Document: "The beginning of the Biden Administration has brought a steady stream of presidential directives that have drawn significant public attention for their speed and range of purposes. A review of the pace with which recent presidential Administrations issued executive orders shows the Biden Administration issued more executive orders than its predecessors during the first week of a first term. This Insight provides a brief overview of activity in the first week of President Joe Biden's term and what it might mean for the rest of his Administration."
Library of Congress. Congressional Research Service
Wilhelm, Ben
2021-02-03
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OMB Issues New Guidance on Agency Engagement with Inspectors General [February 23, 2022]
From the Document: "The Office of Management and Budget (OMB) has issued new guidance directing agency leaders and staff to 'cooperate with [their] respective IG [inspector general] offices as they fulfill their statutory opportunities.' The memorandum--apparently the first public guidance in decades on cooperation with IG offices--was issued on December 3, 2021 (OMB memorandum M-22-04 [hyperlink]; 'Promoting Accountability through Cooperation among Agencies and Inspectors General'). It echoes and reinforces the language of the Inspector General Act of 1978 (IG Act; 5 U.S.C. Appx. [hyperlink]). Specifically, the memorandum requests that agency leaders regularly communicate key information about the role and authority of IGs to their staff and identifies seven 'general guidelines to enhance cooperation' between agencies and IGs: 1. Routine meetings between agency leadership and IGs, 2. Open discussion about IG office resources, 3. Designation of a senior agency official as liaison to the IG office, 4. Collaboration with IG staff when developing new programs or changing existing programs, 5. Providing information and training to staff on whistleblower protections, 6. Discussion of enterprise risk management with IGs, and 7. Responsiveness to IG recommendations. OMB developed the memorandum in consultation [hyperlink] with the Council of Inspectors General on Integrity and Efficiency (CIGIE) [hyperlink], and the memorandum includes findings from a CIGIE review [hyperlink] of agency-IG relations and example language developed by CIGIE for use by agency leaders when communicating to staff about the role of IGs."
Library of Congress. Congressional Research Service
Wilhelm, Ben; Riccard, Taylor N.
2022-02-23
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Title IV Provisions of the CARES Act (P.L. 116-136) [April 2, 2020]
From the Document: "Economic conditions have deteriorated rapidly in the past few weeks, as the Coronavirus Disease 2019 (COVID-19) pandemic has caused many businesses and public institutions to limit or close their operations, increasing financial hardship for many Americans due to layoffs or time off of work due to illness. COVID-19's effect on the airline industry has been one of many areas of interest for Congress. On March 27, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law as P.L. 116-136. The act contains a number of provisions aimed broadly at stabilizing the economy and helping affected households and businesses. Specifically, Title IV of the CARES Act grants funds to industries affected by the virus and new authorities to the regulators and agencies responsible for those industries, waives requirements for industries to meet certain regulatory requirements, and provides added oversight and consumer protections, each on a temporary basis."
Library of Congress. Congressional Research Service
Scott, Andrew P.; Cecire, Michael H.; Cooper, Cheryl R. . . .
2020-04-02
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Treasury and Federal Reserve Financial Assistance in Title IV of the CARES Act (P.L. 116-136) [Updated January 6, 2021]
From the Introduction: "On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act; H.R. 748) into law as P.L. 116-136. The CARES Act is a wide-ranging act to provide relief to consumers, small businesses, and certain industries amid the economic fallout of COVID-19 [coronavirus disease 2019], which featured unprecedented business disruptions. Title IV of the CARES Act contains numerous provisions aimed broadly at stabilizing the economy and helping affected households and businesses. It has received considerable attention for containing funding for industry and financial services. Specifically, Section 4003 directs the Department of the Treasury (Treasury) and the Federal Reserve (Fed) to make up to $500 billion available to support various businesses in the aviation sector as well as the financial system. [...] This report provides an overview of Section 4003 and related provisions and explains the terms and conditions associated with the assistance. Additionally, it discusses the funds made available in Section 4112 of Title IV for worker support at air carriers and related businesses."
Library of Congress. Congressional Research Service
Scott, Andrew P.; Labonte, Marc; Tang, Rachel Y. . . .
2021-01-06
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Treasury and Federal Reserve Financial Assistance in Title IV of the CARES Act (P.L. 116-136) [Updated August 5, 2020]
From the Introduction: "On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act; H.R. 748) into law as P.L. 116-136. The CARES Act is a wide-ranging act to provide relief to consumers, small businesses, and certain industries amid the economic fallout of COVID-19. [...] Title IV of the CARES Act contains numerous provisions aimed broadly at stabilizing the economy and helping affected households and businesses. It has received considerable attention for containing funding for industry and financial services. Specifically, Section 4003 directs the Department of the Treasury (Treasury) and the Federal Reserve (Fed) to make up to $500 billion available to support various businesses in the aviation sector, as well as the financial system. [...] This report provides an overview of Section 4003 and related provisions and explains the terms and conditions associated with the assistance. The report's Appendix compares these provisions to the 2008 Troubled Asset Relief Program (TARP)."
Library of Congress. Congressional Research Service
Scott, Andrew P.; Egar, William T.; Gnanarajah, Raj . . .
2020-08-05
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Treasury and Federal Reserve Financial Assistance in Title IV of the CARES Act (P.L. 116-136) [April 28, 2020]
From the Summary: "The Coronavirus Aid, Relief, and Economic Security Act (CARES Act; H.R. 748) was signed into law as P.L. 116-136 on March 27, 2020, to assist those affected by the economic impact of Coronavirus Disease 2019 (COVID-19). This assistance is targeted to consumers, businesses, and the financial services sector. A key part of this assistance is provided to eligible businesses, states, and municipalities in Division A, Title IV of the CARES Act. Title IV allocates $500 billion to the Department of the Treasury (through the Exchange Stabilization Fund) to make loans and guarantees for three specified industries--passenger airlines, cargo airlines, and businesses critical to national security--and to support Federal Reserve lending facilities."
Library of Congress. Congressional Research Service
Scott, Andrew P.; Egar, William T.; Gnanarajah, Raj . . .
2020-04-28
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Congressional Oversight Provisions in P.L. 116-127, the Families First Coronavirus Response Act [March 24, 2020]
From the Document: "President Donald Trump signed P.L. 116-127 (H.R. 6201), the Families First Coronavirus Response Act, on March 18, 2020. The act provides supplemental appropriations for nutrition assistance programs and public health services and authorizes the Internal Revenue Service to implement tax credits for paid emergency sick leave and expanded family medical leave that the act requires certain employers to provide. In addition, the law adjusts the unemployment insurance program to waive temporarily certain eligibility requirements and provide more federal financial support to the states."
Library of Congress. Congressional Research Service
Wilhelm, Ben
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Congressional Oversight Provisions in the Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136) [April 17, 2020]
From the Summary: "The Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136) includes a variety of oversight provisions designed to increase the information available to Congress regarding the federal government's implementation of the CARES Act and response to the COVID-19 [coronavirus disease 2019] pandemic more generally. [...] This report is a reference guide to the oversight mechanisms in the CARES Act and a launching pad for deeper consideration of oversight-related issues."
Library of Congress. Congressional Research Service
Wilhelm, Ben; Egar, William T.
2020-04-17
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Pandemic Response Accountability Committee: Organization and Duties [April 17, 2020]
From the Document: "The Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136) created a new federal entity, the Pandemic Response Accountability Committee (PRAC), to 'conduct and support oversight' of the federal government's response to the COVID-19 [coronavirus disease 2019] pandemic and to promote transparency. This Insight provides an introduction to the organization and duties of the PRAC."
Library of Congress. Congressional Research Service
Wilhelm, Ben
2020-04-17
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Special Inspector General for Pandemic Recovery: Responsibilities, Authority, and Appointment [April 13, 2020]
From the Document: "The Coronavirus Aid, Recovery, and Economic Security (CARES) Act was enacted on March 27, 2020 (P.L. 116-136). The CARES Act provides over $2 trillion in relief to individuals; businesses; state, local, and tribal government; federal agencies; and industry sectors impacted by the COVID-19 [coronavirus disease 2019] pandemic. In addition to these relief programs, Congress included a variety of provisions to facilitate transparency and oversight in the implementation of the CARES Act. Among these actions was the creation of a Special Inspector General for Pandemic Recovery (SIGPR). The SIGPR is similar in purpose and legal authorities to two other special inspectors general: the Special Inspector General for the Troubled Asset Relief Program and the Special Inspector General for Afghanistan Reconstruction. This Insight provides an introduction to the responsibilities, authority, and selection of the SIGPR. Citations to the relevant provisions of the CARES Act are included in parenthesis as appropriate."
Library of Congress. Congressional Research Service
Wilhelm, Ben
2020-04-13
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Congress Considers the IG Independence and Empowerment Act (H.R. 2662) [August 2, 2021]
From the Document: "The IG [Inspector General] Independence and Empowerment Act (H.R. 2662; H. Rept. 117-66) would amend the Inspector General Act of 1978 (IG Act, 5 U.S.C. Appx. [hyperlink]) and alter the independence and operations of inspectors general (IGs) in potentially significant ways. The bill includes provisions that would, among other things, enhance the authority of IGs, institute additional requirements for the appointment and removal of IGs, and make operational changes to the Council of the Inspectors General on Integrity and Efficiency (CIGIE). On June 29, 2021, the House passed H.R. 2662. The most recent legislative action occurred on July 12, 2021, when the bill was received in the Senate and referred to the Senate Committee on Homeland Security and Governmental Affairs Committee. This Insight provides a brief introduction to IGs and summarizes select provisions of H.R. 2662."
Library of Congress. Congressional Research Service
Wilhelm, Ben
2021-08-02
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Introduction to Oversight of Offices of Inspector General [July 6, 2021]
From the Document: "'Who watches the watchers?' is a question that is frequently posed when people consider the role of oversight bodies, including offices of inspector general (OIGs). However, the organization of OIGs may pose unique challenges that make it more difficult to conduct oversight of their activities. In particular, the level of independence from agency leaders that allows inspectors general (IGs) to conduct their audits and investigations with less risk of actual or perceived interference also makes it more difficult to identify and remedy issues that arise within an OIG by limiting their supervision by senior agency officials. While oversight of OIGs may create specific challenges for Congress and other stakeholders, the efficient and effective operation of OIGs, like the agencies and officials they oversee, is important to the successful operation of the government."
Library of Congress. Congressional Research Service
Wilhelm, Ben
2021-07-06
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Appointment Methods for Legislative Branch Inspectors General [September 28, 2021]
From the Document: "The inspector general (IG) for the Library of Congress (LOC), Kurt Hyde, retired from his position on August 31, 2021 [hyperlink]. When an IG position becomes vacant, a new appointment is made pursuant to the requirements and procedures laid out in that IG's enabling statute. For most IGs, this will be the Inspector General Act of 1978 (IG Act; 5 U.S.C. Appx.). For some IGs, including the IG for the LOC and the four other statutory IGs in the legislative branch, this authority is found in other statutes. [...] This Insight provides a brief introduction to IG appointments and explains the appointment procedure for the five particular legislative branch IGs. It provides background information on the appointment rule requirements for these IGs as well as the relevant statutory provisions."
Library of Congress. Congressional Research Service
Wilhelm, Ben
2021-09-28
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Biden Administration's Initial Presidential Directives in Context [Updated May 10, 2021]
From the Document: "In its first 100 days, the Biden Administration issued a number of presidential directives that have drawn significant public attention for their speed and range of purposes [hyperlink]. A review of the pace with which recent presidential Administrations issued executive orders shows the Biden Administration issued more executive orders than its recent predecessors during the first week and first 100 days of a first term. This Insight provides a brief overview of that activity and what it might mean for the rest of the Administration."
Library of Congress. Congressional Research Service
Wilhelm, Ben
2021-05-10
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Changes to Postal Regulatory Commission Administration in the Postal Service Reform Act of 2021 [June 2, 2021]
From the Document: "The Postal Service Reform Act of 2021 (H.R. 3076 and the similar, but not identical, S. 1720) includes a number of provisions that would alter the authority and operations of the U.S. Postal Service (USPS) and the Postal Regulatory Commission (PRC). The chair of the House Committee on Oversight and Reform, Representative Carolyn Maloney, a co-sponsor of H.R. 3076, has described [hyperlink] the legislation as 'crucial to help the Postal Service get on a sustainable financial path for the future and ensure that the Postal Service is transparent with Congress and the American People.' Discussion of the legislation [hyperlink] has focused on the finances of USPS but has also highlighted other changes, such as the provision of paid leave for postal employees. This Insight discusses two provisions of the legislation that would affect the operations of the PRC and certain aspects of its relationship to USPS. The Insight begins with a brief summary of relevant aspects of the PRC's organization and authority and then proceeds to describe and analyze Sections 205 and 209 of the Postal Service Reform Act, as introduced in the House."
Library of Congress. Congressional Research Service
Wilhelm, Ben
2021-06-02
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Statutory Inspectors General in the Federal Government: A Primer [Updated May 12, 2022]
From the Summary: "This report provides an overview of statutory inspectors general (IGs) in the federal government, including their structure, functions, and related issues for Congress. [...] As the federal government continues to evolve, so too does the role of IGs in government oversight. Agency programs and operations have increased in terms of breadth, complexity, and interconnectedness. Consequently, IGs may face increasing demand to complete statutorily mandated reviews of programs and operations that require (1) a broader focus on program performance and effectiveness in addition to waste, fraud, and abuse; (2) analysis of specialty or technical programs, possibly in emerging policy areas; and (3) use of more complex analytical methods and tools. Congress may wish to consider several options regarding IG structures, functions, and coordination as the role of IGs in government oversight evolves."
Library of Congress. Congressional Research Service
Francis, Kathryn A.; Wilhelm, Ben
2022-05-12
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