Amid the dismissal of several inspectors general (IGs) by President Donald Trump this past spring, lawmakers of both parties introduced legislation to protect the independence of these agency watchdogs.
Congress initially passed legislation in 1978 to establish oversight within federal agencies via the independent inspectors general positions. The law, which was updated in 2008, requires the president to notify Congress at least 30 days prior to removing an IG from office and to provide a reason for the removal.
In just a few weeks in spring 2020, President Trump removed two IGs and replaced three acting IGs. In May, he removed State Department Inspector General Steve Linick, who was reported to be investigating U.S. Secretary of State Mike Pompeo for his treatment of a department staffer and for declaring a state of emergency to work around Congress’ refusal to approve a multi-milliondollar Saudi arms deal. In a letter to Congress explaining Linick’s removal, Trump wrote that he no longer had the “fullest confidence” in Linick.
Trump also removed Michael Atkinson, the inspector general for the intelligence community, who had referred a whistleblower report to Congress regarding Trump’s call with the Ukrainian president that launched an impeachment inquiry. Trump told reporters in a press conference that Atkinson had done a “terrible job,” mentioning the “terrible, inaccurate whistleblower report.” Trump also demoted the acting inspectors general of the Transportation Department, the Health and Human Services Department and the Defense Department.
To help prevent against the possibility of politically motivated removals of IGs, Democrats in the House and Senate introduced companion bills in early May to create a seven-year term for these watchdog positions. The legislation would also limit the president or other federal entity from removing an IG before the end of his or her term to the following reasons: permanent incapacity, inefficiency, neglect of duty, malfeasance, conviction of a felony or moral turpitude.
Rep. Jim Cooper (D-Tenn.) introduced the Inspectors General Independence Act of 2020 (H.R. 6668) in the House, and Sen. Christopher Murphy (D-Conn.) introduced the companion bill (S. 3664) in the Senate.
“We simply cannot allow President Trump to weaponize independent oversight positions in his administration to reward his friends, punish his political enemies, and cover up wrongdoing,” Murphy said in a press release. Cooper reiterated the need to protect against political retaliation. “An inspector general shedding light on serious problems is a good thing; I have always said sunlight is the best disinfectant,” he said in a statement. “If anything, our inspectors general need more power, not punishment, so they can hold bad actors accountable.”
Republicans in Congress also support the move to protect the independence of IGs. In June, Republican Sen. Chuck Grassley of Iowa, along with Sen. Gary Peters (D-Mich.), introduced the bipartisan Securing Inspector General Independence Act (S. 3994).
The bill would require “substantive rationale, including detailed and case-specific reasons,” before removing an IG. It would also limit the ability to use administrative leave, including during the 30 days following the announcement of a removal, which Presidents Obama and Trump both used to block IGs during that 30-day window. “The Obama administration set bad precedent when it ignored the inspector general protection law, but a court upheld its actions, and the Trump administration applied the same standard,” Grassley said in a statement. “Congress should expect more of the same from future administrations if it doesn’t act to clarify the law.
This bill spells out Congress’ expectations from the executive branch when the president decides to remove an IG and prevents conflicts of interest that can arise when IGs are replaced with political appointees.”
A number of government watchdog organizations voiced support for the bill. “The American people depend on inspectors general to be fair and unbiased in order to root out corruption and safely protect whistleblowers who bring evidence of misconduct forward,” John Kostyack, executive director of the National Whistleblower Center said in a statement. “However, actions by this administration have jeopardized the IG system and put all IGs at risk. This critically needed bill will strengthen safeguards for IGs so that no inspector general is terminated unjustly.”
All three bills are still making their way through Congress. It is unknown whether President Trump would sign any of them if they passed.
For background, see the April 2017 issue of Congressional Digest on “Deregulation Under Trump.”
