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1 1 (May 20, 2024)

handle is hein.crs/govepdb0001 and id is 1 raw text is: Removal of Inspectors General: The First Tests of New Statutory Requirements May 20, 2024 In the past two months, President Biden has twice exercised his authority to change the leadership of inspector general (IG) offices by notifying Congress of his intent to remove the IG for the Railroad Retirement Board (RRB) and replacing the acting IG for the Department of Commerce. These are the first times a President has initiated the removal of an IG under changes to the Inspector General Act that were enacted in December 2022. Congress has regularly supported independence of IGs to ensure that they can effectively perform their oversight duties. Congress has established statutory requirements for the removal of IGs based on a concern that removal could be used as a tactic to stymie IG work that might lead to findings critical ofan agency or Administration. This Insight briefly describes recent changes to IG removal statutes and examines the first applications of the new law. Recent Changes to Removal Requirements In 2022, Congress passed amendments to the Inspector General Act that increased removal protections for IGs. Since its initial enactment, the Inspector General Act has included some form of notice to Congress when IGs are removed from their positions, but formal actions to remove IGs were rare before the mid- 2000s. In addition to advance notice to Congress, current law bars removals with immediate effect in most circumstances and limits who may serve as an acting IG in the event of a vacancy. Since the enactment ofthe 2022 amendments, a notification to Congress must include a substantive rationale, including detailed and case-specific reasons for the removal action. Under the prior language of the Inspector General Act, which was less directive, at least one federal court had ruled that the President met the notice requirement by informing Congress only that he had lost confidence in the IG being removed. In addition, the 2022 amendments limit when an IG may be placed on non-duty status to ensure that the 30-day notice period cannot be circumvented without specific, stated justification. That provision requires that the President either provide Congress written notice 15 days before placing an IG on non-duty status or issue a determination that the continued presence of the Inspector General in the workplace poses a Congressional Research Service https://crsreports.congress.gov IN12363 CRS INSIGHT Prepared for Members and Committees of Congress

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