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• June 7, 2007: Space, Aeronautics, and Related Sciences Subcommittee of the Senate Commerce, Science and Transportation Committee and Investigations and Oversight Subcommittee of the House Science and Technology Committee hearing on "Oversight Review of the Investigation of the NASA Inspector General."
  

Witnesses:
Panel 1:
Ms. Debra Herzog, Senior Specialist Office of the Inspector General, U.S. Postal Service
Mr. Kevin Carson, Assistant Inspector General for Audits Office of the Inspector General, Government Printing Office
Mr. Lance Carrington, Deputy Assistant Inspector General Investigations Office of the Inspector General, U.S. Postal Service
Ms. Danielle Brian, Executive Director Project on Government Oversight
Dr. Paul Light, Paulette Goddard Professor of Public Service at the Robert Wagner School of Public Service, New York University

Panel 2:
The Honorable Robert W. Cobb, Inspector General Office of Inspector General, National Aeronautics and Space Administration

On June 7, 2007 the Senate Aeronautics and Related Sciences Subcommittee of the Commerce, Science and Transportation Committee and the House Investigations and Oversight Subcommittee of the Science and Technology Committee met for a joint hearing to investigate allegations of misconduct of the National Aeronautics and Space Administration (NASA) Inspector General (IG), Mr. Robert Cobb. The allegations of misconduct are based on a six month investigation done by the President's Council on Integrity and Efficiency (PCIE). The Office of Inspector General (OIG) was created in 1978 by the Inspector General Act. The role of an IG as stated by the PCIE is to "report on current performance and accountability and to foster good program management to ensure effective government operations." This includes conducting and supervising audits and investigations relating to the respective agencies and informing Congress and agency heads of problems within operations and programs and present possible solutions to those problems. To perform this task it is essential that IG's remain objective and independent by remaining free from conflicts of interest.

According to PCIE, Cobb had "abused his authority and exhibited the appearance of a lack of independence from NASA management." Both committees expressed disapproval of Cobb's actions and conveyed a feeling of mistrust of his continued leadership as NASA IG. Chairman Bart Gordon (D-TN) stated that the mission of an IG is to act as a "watch dog" on agencies to prevent fraud and abuse and that it is impossible to carry out this task if there is any lack of independence. Gordon quoted Senator Charles Grassley (R-IA) who said that Mr. Cobb stated to employees that one of his main objectives was to "avoid embarrassing NASA." Grassley also alluded to Mr. Cobb's mishandling of search warrants related to investigations against NASA officials. Despite the general consensus that Cobb be removed from his position as IG for NASA, there were a minority of members from both committees that did not call for his immediate resignation. Senator Kay Bailey Hutchison (R-TX) called this hearing a part of an examination and would not call for his resignation at this time. She added that she hoped the committee would remain objective through out the proceedings. Congressman Tom Feeney (R-FL) shared Hutchison's sentiments and added he does not hold any prejudice against Cobb.

The first three witnesses (Herzog, Carson, and Carrington) were all former employees under Mr. Cobb and each testified against Cobb by recounting their own personal experiences while working for him. In Ms. Herzog's testimony she described several instances where Mr. Cobb used profane and harsh language to demean and ridicule her as well as other employees. Herzog also mentioned two instances where she believed Mr. Cobb interfered with federal search warrants. Herzog stated that Cobb would not allow the warrants to proceed until he had read the affidavits. After reading them Cobb thought the warrants were unnecessary and was concerned about what NASA administrators would think. The warrants were eventually granted after much delay. However, Cobb showed little interest in warrants that did not pertain to NASA officials. Herzog concluded that she questions Cobb's independence and his "arrogance and bullying style…has demoralized the IG workforce."

Mr. Carson testified on Cobb's interference of auditors to do their necessary job. Carson stated that the normal audit report would take an average of three to four months however, soon after Cobb took over, this process was delayed because of his constant revisions and re-writing of audit reports that could potentially embarrass NASA. Carson added that he felt Cobb showed a general feeling of "disrespect" toward auditors by using foul language and intimidation tactics. According to Carson, Cobb would also share audit report findings with the agency for comment and review before the official release. In one particular instance an audit report on the International Space Station (ISS) was sent to the NASA General Counsel before an official draft release. The Counsel disagreed with a section of the report dealing with potential NASA noncompliance with international agreements on the ISS. The audit team was then ordered to remove that section or the audit report would not be released. Carson concluded from this instance and several other instances of misconduct that Cobb was unfit to remain as NASA IG.

Mr. Carrington concurred with his former colleagues about Mr. Cobb's misconduct. Carrington stated he was also subject to verbal harassment and abuse from Cobb. In the three years Carrington work as assistant inspector general for investigations Cobb frequently berated him for not doing a good job but never gave any recommendations of what to improve. Carrington also mentioned the instances of obstruction of justice by Cobb that were described by the previous 2 witnesses. If any NASA officials were subject to investigation Cobb would question every aspect of the case in what Carrington called an attempt to "derail" the investigations before agents could even begin their work. Carrington gave another example of Cobb's lack of independence when the Investigative Office in Houston was asked to assist the Texas Rangers in an alleged missing wedding ring of one of the female astronauts who perished in the Columbia space shuttle accident. The Rangers had exhausted their leads and were going to issue a crime stoppers alert to be distributed to the media. Carrington stated that Cobb was furious about the alert and as a result the investigation was halted. Carrington later discovered that the NASA Administrator, at that time Sean O'Keefe, had ordered Cobb not say or do anything related to the Columbia space shuttle astronauts. Carrington concluded that Cobb was upset because if the OIG issued an alert, Cobb would have been seen as disobeying a direct order from the NASA Administrator.

Mr. Cobb denounced the allegations brought against him. Cobb quoted an investigation done by the OIG of Housing and Urban Development by request of the Integrity Committee (IC) of the PCIE which found that Mr. Cobb had not acted unjustly or illegally. However, Mr. Cobb believes the negative conclusions reached by the IC report are "flawed and invalid" because the IC did not follow proper procedure by failing to submit any recommendations to the PCIE Chair. He continued that PCIE Chair did not feel it was necessary for a referral to the White House and that NASA would challenge the conclusions reached by the IC because they are "not based on law or facts…and without respect to even the most basic notions of due process and fairness." Mr. Cobb also quoted current NASA Administrator Michael Griffin, who said that Cobb has not abused his power, has not compromised safety and has demonstrated independence from NASA. Cobb concluded that he proudly stands behind the work he and his staff have done for the NASA OIG.

Not surprisingly, both committees expressed displeasure with allegations brought against Mr. Cobb. Senator Bill Nelson (D-FL) in particular was unhappy to learn of the abuse reported by OIG staff especially the use of profane language in front of a woman. Despite numerous charts showing the significant drops in the number of audits done since Mr. Cobb took over as IG and a reduction in staff by 50%, Mr. Cobb firmly believes that he is a victim of PCIE regulations. Subcommittee Chairman Mark Udall (D-CO) concluded that given the loss of confidence from Congress in Mr. Cobb, the Administration should remove Mr. Cobb as NASA IG.

-DM

A link to witness testimony can be found here.

Sources: Hearing testimony.

Contributed by David McCormick, 2007 AGI/AIPG Summer Intern

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Last updated on August 18, 2007.

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