Collins Joins Bipartisan Group in Introducing Legislation to Bolster Inspector General Protections

Washington, D.C. – U.S. Senator Susan Collins joined a bipartisan group, led by Senators Chuck Grassley (R-Iowa) and Gary Peters (D-MI), in introducing legislation to strengthen a 2008 inspector general (IG) protection law that has been routinely flouted by two successive administrations from both political parties.  The Securing Inspector General Independence Act is also cosponsored by Senators Dianne Feinstein (D-Calif.), James Lankford (R-Okla.), Tom Carper (D-Del.), Mitt Romney (R-Utah), Jon Tester (D-Mont.), Rob Portman (R-Ohio) and Maggie Hassan (D-N.H.).

 

“I have long been a strong advocate for the Inspectors General, who are vital partners in Congress’s effort to identify inefficient or ineffective government programs and to root out fraud and other wrongdoing. In 2008, I coauthored The Inspector General Reform Act with former Senators Claire McCaskill and Joe Lieberman that strengthened the IG system.  This legislation we are introducing today clarifies and builds upon that law and will help ensure that IGs remain independent from inappropriate influence or pressure from the government agencies they oversee,” said Senator Collins.

 

“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,” Senator Grassley said. “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.”

   

“Inspectors General work tirelessly to prevent waste, fraud and abuse, and ensure taxpayer dollars are being used efficiently,” Senator Peters said. “These watchdogs must be able to conduct their work independently and without the threat of political interference – yet recent attacks by President Trump threaten to undermine their ability to do their critical jobs. We must ensure that this, and future, administrations are not able to undercut the transparency and accountability that Inspectors General provide to the American people. I’m proud to help lead this important, bipartisan effort to shield these public servants from political interference and ensure they can continue to hold the federal government accountable to taxpayers.”

 

 Though the Constitution establishes the President’s authority to manage executive branch employees, including the firing of IGs, the 2008 Inspector General Reform Act requires the president to provide Congress with a written explanation at least 30 days prior to removing an IG to prevent politically-motivated terminations. However, less than a year after it was enacted, President Obama fired AmeriCorps IG Gerald Walpin without providing sufficient details as Congress had intended under the law, prompting Senator Collins, the then-Ranking Member of the Senate Homeland Security and Governmental Affairs Committee, and a group of other bipartisan Senators to push for more answers.  A court later ruled that the administration wasn’t required to provide additional reasons prior to removing an IG – a case cited by the Trump Administration when it initially refused to provide the level of details Senators Collins, Grassley, and their colleagues requested following President Trump’s removal of Intelligence Community IG Michael Atkinson and State Department IG Steve Linick.

 

The Securing Inspector General Independence Act clarifies the 2008 law by requiring any administration to provide “substantive rationale, including detailed and case-specific reasons” prior to removing an IG. It also limits the use of administrative leave for IGs, including during the 30 days following the removal announcement. Both Presidents Obama and Trump used administrative leave to effectively sideline IGs during the 30-day period. To ensure the independence of the IG community, the bill requires acting IGs to be selected from among senior-level employees within the watchdog community. To protect the integrity of investigations and audits during an IG transition, the bill requires regular training to IG employees on their whistleblower rights.

 

The bill is endorsed by the National Whistleblower Center, Government Accountability Project, and the Partnership for Public Service. The Council on Inspectors General on Integrity and Efficiency was consulted during the bill’s formation. 

 

Earlier this year, Senator Collins joined a bipartisan group of lawmakers in calling on President Trump to provide a detailed written explanation for his decision to remove an inspector general.

 

Click HERE to read the bill.