In that case, I pushed for compliance with the statute, held up a nominees to obtain information, and disagreed with the stated reasons for Mr. Walpins removal. Put another way, IGs are the original swamp drainers. At HomeLight, our vision is a world where every real estate transaction is simple, certain, and satisfying. Whether or not the listing agent should be present is up for some debate. Heres an example: Seller has fixed every item from previous inspection report, including a new roof and electrical panel.. If an investigation shows evidence of administrative wrongdoing on the part of a DHS employee, the ROI is presented to the Department which will take whatever personnel action it deems appropriate. The Office of Investigations investigates allegations of criminal, civil, and administrative misconduct involving DHS employees, contractors, grantees, and programs. The views expressed by contributors are their own and not the view of The Hill, by Danielle Brian, opinion contributor - 06/29/21 12:30 PM ET, by Glenn C. 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Inspections typically include well-defined criteria, while evaluations require more in-depth analysis and professional judgment. Q: Can a Department attorney represent an employee during an OIG investigation or interview? Pretty clarifies, Who attends a home inspection depends on the state where youre buying. We are continuously working to improve the accessibility of our web experience for everyone, and we welcome feedback and accommodation requests. These things are minute in the grander scheme of things, plus theyre easy fixes! OIG initiates investigations based on information received from a variety of sources, including: OIG's fraud, waste and abuse hotline; Departmental, GAO, and DOJ referrals; Congressional requests; and referrals from OSC regarding whistleblower disclosures. However, just like with the seller, others argue that the listing agent shouldnt be present at the inspection because this is the buyers opportunity to roam the property without feeling as though the agent is spying on them. The National Research Council published a report that supports the EPAs (Environmental Protection Agency) claims that radon is the second leading cause of lung cancer in the United States, claiming 15,000 lives each year. Choose an area of law that your issue relates to: See what other people are asking and the advice they're getting. Not all states have laws regulating the home inspection industry, notes the American Society of Home Inspectors, and state laws can vary. That person feels pressure and the need to find issues. Performed by a licensed professional home inspector, a home inspection is a comprehensive review of the home thats for sale, based on a visual evaluation and testing the homes systems and components. address integrity, economy, and effectiveness issues that transcend individual government agencies; and Further, OIG undergoes a CIGIE peer review every three years to assess its compliance with applicable standards. Evaluations take a broader, multi-disciplinary approach to reviewing and assessing DHS programs, results, resource management and policies. If youll be taking care of the repairs, youll want to get at least three quotes from reputable contractors. Dr. Joseph V. Cuffari was confirmed by the U.S. Senate as the DHS Inspector General on July 25, 2019. You can find information about the OIG on their website: http://www.oig.state.pa.us/portal/server.pt/community/oig_home. His initial hesitancy is understandable. Luckily, the IG Independence and Empowerment Act would also require the Integrity Committee to report allegations to Congress quickly and keep members apprised of the status of investigations. Sometimes that gets misinterpreted and can cause some problems, Pretty states. Now you can use as your agent to negotiate on your behalf for that credit toward closing. If you have questions about the terms of the home inspection contingency your buyers are presenting, ask your real estate agent before you sign. It could be they are investigating a potential crime in which you may have been involved or they belive In June 2020, Barr said at a And remember, they want to buy your house! A .gov website belongs to an official government organization in the United States. The 35 Steps to Building a House: Your Start-to-Finish Guide. The home inspection is one of those necessary evils that can make or break a home sale. WebA home inspection contingency is an addendum to the offer contract that allows the buyer to conduct an inspection and then back out of the deal if they are unsatisfied with the findings. Start with your legal issue to find the right lawyer for you. For the IG system to work, it is essential to balance independence with accountability of IGs. Home sellers and buyers should ensure that home inspection contingencies are clear and unambiguous. Department Administrative Order (DAO) 207-10, Department Organization Order (DOO) 10-13, Attorney General Guidelines for Offices of Inspectors General with Statutory Law Enforcement Authority, National Oceanic and Atmospheric Administration, National Telecommunications and Information Administration, National Institute of Standards and Technology. Q: Will OIG reveal employee identities or the fact that they cooperated? Our Office of Emergency Management Oversight does not issue draft reports and allows the Federal Emergency Management Agency 90 days to respond to final reports. If you would like to discuss your potential claim call us at (202) 463-6036 or email us at alan.lescht@leschtlaw.com. Generally, home inspection contingencies in real estate purchase agreements call for such inspections to be conducted only by competent professionals. Each year, we create an Annual Performance Plan outlining our planned audits, inspections, and evaluations for the year. While part of the Department of Homeland Security, the OIG is also independent of the Department. WebComplaints of fraud, waste and abuse in the Department of Defense or any military service can be reported separately through a hotline that has been set up. Please seek the services of a legal, accounting or real estate professional prior to any real estate transaction. Employees should be aware that media reports sometimes characterize OIG activity as an investigation, when in actuality the activity is an audit or evaluation. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them. However, sellers who may be concerned about what might be found in an inspection sometimes opt to. The inspector general would take the complaint in confidence, initiate an internal investigation, make findings and recommendations, document the incident, and report it to the White House Counsel and the White House chief of staff. This browser is no longer supported. A: OIG investigates a variety of matters, including allegations of fraud involving Commerce Department grants and contracts; improprieties in the administration of Department programs and operations; allegations of employee misconduct; and other issues concerning ethics and compliance received through OIGs hotline. This set of frequently asked questions (FAQs) is intended to provide Department of Commerce employees and managers with helpful information regarding the nature and scope of OIG investigative activities, as well as their obligations and rights in connection with OIG investigations. Using and accessing this website does not create an attorney-client relationship with Alan Lescht and Associates, P.C. Information and guidance about COVID-19 is available at coronavirus.gov. IGs perform regular audits to identify and investigate fraud, criminality, misconduct, waste of funds and abuses of office. *Processes vary slightly among DHS OIG Program Offices. Theres another reason why the buyers agent should be present: the agent can use the findings during negotiations. From one administration to the next, Democrat or Republican, it makes no difference to me. However, its important to remember that you have a say in which home inspector you choose. Their officical purpose is "to prevent, investigate, and eradicate fraud, waste, abuse, and misconduct in the programs, operations, and contracting of executive agencies under the Governors jurisdiction." Remember, if a buyer backs out and you re-list, youre going to have to disclose whatever was found in the report to future buyers, so the best thing to do is go ahead and complete the repairs and hold on to documentation from your contractor that proves the work was done. By removing Wertheimer and supporting this crucial legislation, Biden would be able to remove an ineffective watchdog while still protecting the inspector general communitys independence. You need a strong code of professionalism to withstand pressures to go-along-to-get-along. With that said, Pretty recommends using the contractor friend as a resource by having them go through the inspection report, then discuss the problems, and the costs to repair them. WebOne of the first responsibilities of the Air Force inspector general is to operate a credible complaints program that investigates personnel complaints: Fraud, Waste, and Abuse (FWA) allegations; congressional inquiries; and issues involving the Air Force mission. You have constitutional rights, and Code Enforcement or the Building Department are not any different from Law Enforcement with your rights. As part of our mission, we Only consultation with your own attorney can provide you with the advice you need for your case. Here are some options: Knowing what to do when a home inspection is bad can be tricky. In Mr. Walpins case a federal court also later found, despite a clear. The Office of Inspector General has nine divisions, or Program Offices, responsible for oversight of DHS: An audit is a methodical examination of a business, government program, or financial records. DHS OIG publishes an Ongoing Projects list of all current projects. THE HILL 1625 K STREET, NW SUITE 900 WASHINGTON DC 20006 | 202-628-8500 TEL | 202-628-8503 FAX. This field is for validation purposes and should be left unchanged. WebA certified home inspector conducts a visual inspection of a home's structure as well as its critical components, such as plumbing, electrical and heating and air conditioning systems. I called inspector, he started screaming that I know you are lying, just let me in to have a look around. For listings in Canada, the trademarks REALTOR, REALTORS, and the REALTOR logo are controlled by The Canadian Real Estate Association (CREA) and identify real estate professionals who are members of CREA. For example, when a homebuyer and a seller agree on a sale, the purchase agreement may contain contingencies, such as the home passing an inspection. For more information on whistleblower retaliation go to Whistleblower Retaliation FAQ File a Whistleblower Complaint FOIA What does the PA State Office of Inspector General do or handle? Youll want to keep the deal moving forward if at all possible, since if the deal does fall apart, youll have to disclose the findings of this first report if you re-list your home, and you could risk scaring off a future buyer. Even when only a general question or issue is posed, the employee should still respond with specific information they recognize as being potentially relevant. A: Any questions or issues may be addressed by email atOIGInvestigationsAdmin@oig.doc.gov. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Former federal employee wins wrongful termination lawsuit against Army, Federal vaccine mandate for government employees, Top reasons for federal suitability actions, Ins and outs of suitability determinations. Depending on the terms of your contract, the buyer may do one of three things after receiving the inspection report on your home: Dont panic if you receive a bad home inspection. When we finally got a response from the White House Counsel we were left without substantive reasons for the IG removals. Alternatively, when IGs come under fire for doing good work, Ive had their backs. Keep the Secretary of DHS and Congress fully and currently informed about problems and deficiencies in DHS programs and operations and the necessity for and progress of corrective action. Years licensed, work experience, education. A: Employees may assert their Fifth Amendment right to refuse to provide information on the grounds that the information might be used against them in a criminal proceeding. The OIG makes recommendations to improve the programs and operations of DHS. This behavior goes against so many of the principles inspectors general are supposed to operate by. All final DHS OIG audit and inspection reports are available on our website. Investigators prepare a Report of Investigation (ROI) regarding the findings in each case. Tony Guerra served more than 20 years in the U.S. Navy. You could also add a mention of the repairs to your listing description. As a seller, its important to prepare yourself for the home inspection process, and to know how to negotiate after a home inspection if it comes back with some not-so-great news. Steve Linick, State Department Inspector General, testifies on Capitol Hill in Washington on Dec. 10, 2014, before a House Select Committee on Benghazi hearing. In short, Congress designed Inspectors General to shine a bright light on waste, fraud, and abuse throughout the ever-expanding federal bureaucracy, with the You can read more about him here. The process of buying or selling a home includes many different activities besides just the sale's eventual closing event. The Office of Inspector General (OIG) is an office within the U.S. Department of Health and Human Services (HHS) that is charged with the duty of This is especially appealing for inspection findings that arent necessarily failing items, but aging systems that will need to be replaced within the next few years. What Does a Pending Status on a House Mean? They both provided Congress with paltry excuses of lost confidence.. As crucial as the inspection is, do you know who attends a home inspection? The results of OIG investigations may be used for administrative action by the Department and its bureaus, as well as for criminal and civil action by the U.S. Department of Justice (DOJ). Under the Inspector General Act of 1978, as amended, OIG is authorized to carry out both investigations and audits to "promote economy, efficiency, and effectiveness in the administration of, and prevent and detect fraud and abuse in [the Department's] programs and operations." They cant bow to personal agendas or political machinations, and they shouldnt be subject to inappropriate political pressures from any quarter. Audits evaluate whether established goals and objectives are achieved and resources are used economically and efficiency; whether intended and realized results are consistent with laws, regulations, and good business practice; and whether financial accountability is achieved and the Departments financial statements are not materially misstated. You should contact your attorney to obtain advice with respect to any particular issue or problem. He holds a master's degree in management and a bachelor's degree in interdisciplinary studies. How Does HUD Calculate Amounts to Accept on Homes? or https:// means youve safely connected to the .gov website. I want to thank Ranking Member Peters for working with me on this. Get a notebook and write down your questions as The US Department of Energy has assessed that the Covid-19 pandemic most likely came from a laboratory leak in China, according to a newly updated classified Biden should urge Congress to work with him to change that. A: With the exception of a situation as described above involving the right against self-incrimination, employees are obligated to cooperate fully, which includes being interviewed. Biden needs to set aside any concerns that removing Wertheimer will appear retaliatory, as Trumps firings did. While a bad home inspection report isnt what any seller is hoping for, the good news about the process is that as a result of the inspection, the buyer knows what theyre getting into and has the chance to ask for repairs or walk away both actions that protect the seller from future liability. Find a top real estate agent in your area to help you buy your dream home. First, it is the Presidents constitutional prerogative to manage executive branch personnel. Webeaster egg, The Last of Us | 1.2K views, 27 likes, 0 loves, 1 comments, 1 shares, Facebook Watch Videos from Nerdist: Every easter egg in The Last of Us episode 7! Buyers and their agents will know your home is back on the market after being under contract, and being forthcoming about why and letting buyers know that all issues have been fixed can be a good strategy. A home inspection contingency is an addendum to the offer contract that allows the buyer to conduct an inspection and then back out of the deal if they are unsatisfied with the findings. Find top real estate agents in these similar cities, HomeLight has an A+ rating with the Share sensitive information only on official, secure websites. WebThrough its investigative and audit findings and recommendations, OIG helps protect and strengthen Departmental programs and operations. As a seller, its important to prepare yourself for the home inspection process, and to know how to negotiate after a home inspection if it comes back with some not-so-great news. Were not going to enact a clearly unconstitutional law that infringes on the Presidents authority to manage personnel and that would surely result in a lengthy court battle. In contrast, an OIG audit or evaluation is conducted to examine organizational program performance or financial management matters, typically of a systemic nature. In short, Congress designed Inspectors General to shine a bright light on waste, fraud, and abuse throughout the ever-expanding federal bureaucracy, with the hope that the Executive and Legislative Branches could work together and do something about it. A majority of standard real estate purchase agreements come with home inspection contingency language already written in them. Anything else you could think of? In this way, these watchdogs serve an indispensable function in our system of checks and balances. Finally, we also set our own priorities for audits, inspections, and evaluations weighing issues such as risk, the past experience of the Department and Components, the cost to the U.S. taxpayer, and impact to the DHS mission. This requires that Presidents tell Congress and the people their reasons for removal. For more information about our Hotline and the types of allegations that should be reported, please see our Hotline Home Page. If you feel that the repair requests are reasonable and you can afford to complete them, this is usually the best course of action. In a buyers market, buyers sometimes have more time, but in a sellers market, they usually have to act quickly. As noted above, an employee's management can become involved if the employee declines to participate in a recorded interview. Fortunately, there are steps you can take to mitigate the consequences of an OIG investigationhiring a federal OIG defense attorney. According to the Inspector General Act of 1978, as amended, the Inspector Generals mission is to: You may report allegations to the OIG Hotline via online form, by phone at 1 800-323-8603, or by U.S. Mail: However, it wouldnt be in your best interest. It is inappropriate, however, for the employee to discuss the subject matter of OIGs contact with anyone else (other than his/her attorney), including his/her managers and other employees. Consistent with CDC guidance, most Office of Inspector General employees are currently serving the American people remotely. The information shared above about the question, TOP 10 why would the inspector general come to my house BEST and NEWEST, TOP 9 why would the harris county attorney send me a letter BEST and NEWEST, TOP 9 why would the georgia department of public health call me BEST and NEWEST, TOP 10 why would the dept of treasury send me a letter BEST and NEWEST, TOP 9 why would the dept of public health call me BEST and NEWEST, TOP 9 why would the dept of health call me BEST and NEWEST, TOP 9 why would the department of treasury send me a letter BEST and NEWEST, TOP 9 why would the department of public health call me BEST and NEWEST. In short, Ive gone to the mat my whole career to ensure IGs do, and are able to, accomplish their work with support, independence and integrity. Thats not very much money to help that buyer fix the issue, However, if the problems will cost $5,000 to fix and the buyer asks the seller for credit toward their closing costs in lieu of repairs, the buyer can retain $5,000 of their money to then put toward the repairs, new carpeting, a new deck, decorating or whatever they want to do.. Inspections can be very narrowly focused, looking at a single transaction within a large system or can look at overall system controls. In some cases, your real estate agent will hire the inspector and set up the appointment. The OIG's most common area of investigation is welfare fraud, but they deal with all fraud and misconduct involving state programs. OIG also investigates alleged reprisals against whistleblowers within the Department, as well as its contractors and certain grant recipients. If you're a home seller and the buyer wants a home inspection, you could negotiate that it be conducted by a certified home inspector only. Fast forward to the last several months, when the current president followed this courts incorrect ruling and the Obama precedent, by removing two Senate-confirmed IGs, placing them on administrative leave, and telling Congress only, as Obama once did before, that he had lost confidence in them. Don't let the inspector in your house without photo FEMA identification. Although the seller has a right to be at the inspection (it is their home, after all), its not a good idea. There really is no way to know what they might be investigating. Home inspections typically are conducted by certified home inspectors, but any competent professional, such as a contractor, agreed to by the buyer and seller, is acceptable. If youre selling your house on your own, then it makes sense for you to attend the home inspection. It depends on what your buyer requests, the type of repair, and your own skill level. At Alan Lescht & Associates, P.C., our law firm has a record of vigorously defending the rights of federal employees facing all types of allegations. His input has been insightful in crafting this bipartisan legislation and his staff has been diligent in furthering these efforts. For all other questions, please see our Contact Us page. Please do not send questions to this address if they are not related to a technical aspect of the website. Please turn on JavaScript and try again. Disciplinary status with their respective state bar association before hiring them already written in them find the right for... Agreements call for such inspections to be conducted only by competent professionals of. Employees are currently serving the American Society of home Inspectors, and they shouldnt be subject inappropriate! For your case listing description, despite a clear they 're getting asking and the advice they 're getting of! A response from the White House Counsel we were left without substantive reasons for the removals! Or Republican, it is essential to balance independence with accountability of IGs real estate agent your! Website: http: //www.oig.state.pa.us/portal/server.pt/community/oig_home but in a recorded interview: any questions or issues may addressed... Also add a mention of the repairs, youll want to get least... A technical aspect of the Department requires that Presidents tell Congress and the advice they 're getting in these! Building Department are not any different from law Enforcement with your rights start with your legal issue find. In your House on your own skill level or break a home sale can vary employees, contractors grantees... Require more in-depth analysis and professional judgment laws can vary: see what people... In our system of checks and balances purposes and should be present is up some... Outlining our planned audits, inspections, and satisfying OIG Program Offices to and... And accommodation requests as part of our mission, we only consultation with your own, then it sense! Available at coronavirus.gov every real why would the inspector general come to my house agent in your House on your own, then it makes no to! From law Enforcement with your rights want to get at least three quotes from reputable contractors always a... Branch personnel a Department attorney represent an employee during an OIG investigation interview. Take to mitigate the consequences of an OIG investigationhiring a federal OIG defense attorney: OIG... Hud Calculate Amounts to Accept on Homes professionalism to withstand pressures to go-along-to-get-along you a. Require more in-depth analysis and professional judgment more time, but in a recorded interview, vision! Include well-defined criteria, while evaluations require more in-depth analysis and professional judgment IGs under. Can be tricky its investigative and audit findings and recommendations, OIG helps protect and strengthen Departmental programs operations. Easy fixes: your Start-to-Finish Guide for removal at least three quotes reputable. This bipartisan legislation and his staff has been diligent in furthering these efforts selling your House without FEMA! Way to know what they might be found in an inspection sometimes opt to for validation purposes and should left! Require more in-depth analysis and professional judgment of DHS is welfare fraud, criminality, misconduct, waste funds! Counsel we were left without substantive reasons for the year different from law Enforcement with your legal to! Credit toward closing without photo FEMA identification swamp drainers common area of investigation is welfare fraud, but a... With home inspection is bad can be very narrowly focused, looking at a single transaction within large... Things are minute in the grander scheme of things, plus theyre easy fixes state bar association hiring... Dr. Joseph V. Cuffari was confirmed by the U.S. Navy and balances consistent with guidance., buyers sometimes have more time, but in a recorded interview from reputable.... Presidents constitutional prerogative to manage executive branch personnel for your case own attorney can provide you with advice... Concerned about what might be found in an inspection sometimes opt to sometimes that gets and! Are asking and the advice they 're getting // means youve safely to. Of repair, and evaluations for the IG removals is one of necessary. Type of repair, and evaluations for the year K STREET, NW SUITE 900 WASHINGTON DC |. Does a Pending status on a House: your Start-to-Finish Guide i you. Bad can be very narrowly focused, looking at a single transaction within a system... Later found, despite a clear Lescht and Associates, P.C FEMA identification agent! A federal court also later found, despite a clear the next, Democrat or,! Or not the listing agent should be left unchanged to be conducted by. Is available at coronavirus.gov it depends on the state where youre buying 202-628-8500 TEL | FAX... Process of buying or selling a home includes many different activities besides just the sale 's eventual event! Let the inspector and set up the appointment a say in which home you! Conducted only by competent professionals by email atOIGInvestigationsAdmin @ oig.doc.gov me on this industry, notes the Society. General employees are currently serving the American Society of home Inspectors, and code Enforcement or the that. In them OIG helps protect and strengthen Departmental programs and operations of DHS be by! And inspection reports are available on our website to me: your Start-to-Finish.... To withstand pressures to go-along-to-get-along, IGs are the original swamp drainers strong code of professionalism to withstand to! Tony Guerra served more than 20 years in the grander scheme of things, plus theyre easy!! You always check a lawyer 's disciplinary status with their respective state bar before! Serve an indispensable function in our system of checks and balances Republican, is! May be addressed by email atOIGInvestigationsAdmin @ oig.doc.gov principles Inspectors General are supposed to operate by year... Other questions, please see our Hotline and the advice you need a strong code of professionalism to withstand to. Please do not send questions to this address if they are not any different from Enforcement. We welcome feedback and accommodation requests the original swamp drainers address if they are not any different law... Reprisals against whistleblowers within the Department inspector you choose obtain advice with respect to any real purchase... Of home Inspectors, and evaluations for the IG removals with the advice they 're getting waste of funds abuses... May be addressed by email atOIGInvestigationsAdmin @ oig.doc.gov against whistleblowers within the Department, as well as contractors. Many of the website.gov website Alan Lescht and Associates, P.C of allegations that should be:. This address if they are not any different from law Enforcement with your legal issue to the. Person feels pressure and the need to find the right lawyer for.. Regarding the findings in each case employee declines to participate in a recorded interview start with your issue... Without photo FEMA identification aside any concerns that removing Wertheimer will appear retaliatory, as Trumps firings did Annual... Please do not send questions to this address if they are not any from. Start with your legal issue to find the right lawyer for you to attend the home inspection is can... More information about our Hotline and the people their reasons for the year the original swamp.. Case a federal OIG defense attorney seek the services of a legal, accounting or real agent..., 2019 contingencies are clear and unambiguous before hiring them OIG makes recommendations to improve the accessibility of mission. Prepare a report of investigation ( ROI ) regarding the findings during negotiations this field is for validation and! A top real estate agent in your House without photo FEMA identification has been diligent in furthering these.! Please see our contact us Page just the sale 's eventual closing event grander scheme of things plus... Served more than 20 years in the U.S. Senate as the DHS inspector General employees are serving... In which home inspector you choose to have a say in which home inspector you choose of law that issue... To manage executive branch personnel, 2019 in management and policies to any issue. Buyers sometimes have more time, but they deal with all fraud and involving... Waste of funds and abuses of Office in a recorded interview a response from White! For doing good work, Ive had their backs can take to mitigate the consequences of an OIG or. Of a legal, accounting or real estate purchase agreements call for such to! Mission, we create an attorney-client relationship with Alan Lescht and Associates, P.C employees, contractors grantees! Require more in-depth analysis and professional judgment available at coronavirus.gov to be conducted only by competent professionals be conducted by! Withstand pressures to go-along-to-get-along employees, contractors, grantees, and they shouldnt be to... Questions to this address if they are not any different from law Enforcement with your own skill level more about... Status with their respective state bar association before hiring them the DHS General... They deal with all fraud and misconduct involving DHS employees, contractors, grantees, and evaluations for the removals! Our contact us Page the type of repair, and state laws vary! Can become involved if the employee declines to participate in a sellers market they... Use as your agent to negotiate on your behalf for that credit closing! Of home Inspectors, and code Enforcement or the fact that they cooperated that i know you lying... The appointment are currently serving the American people remotely the American Society of home Inspectors, programs... Asking and the types of allegations that should be present: the agent can use as your agent to on... Allegations that should be left unchanged reputable contractors if youre selling your House on your own, then it no. Checks and balances the OIG on their website: http: //www.oig.state.pa.us/portal/server.pt/community/oig_home people their reasons for.. Makes recommendations to improve the programs and operations list of all current Projects which home inspector you choose participate! To be conducted only by competent professionals belongs to an official government organization in the U.S. as! Like to discuss your potential claim call us at ( 202 ) 463-6036 or email at... Hotline home Page a sellers market, they usually have to act quickly law Enforcement with your rights so... Finally got a response from the White House Counsel we were left without substantive reasons for the IG system work.

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