The Inspector General at the US State Department again notified Congress of a blind spot in oversight, and urged lawmakers to pass legislation that would address it.
Testifying before a Senate foreign relations subcommittee on Thursday, department IG Steve Linick said his watchdog role is more limited than others in the federal enterprise because of unique procedures at State.
Linick specifically mentioned rules that allow department investigators at the Bureau of Diplomatic Security and other agencies to keep the IG’s office in the dark about probes. With those restrictions in place, Linick said in prepared remarks, his office “cannot undertake effective, independent assessments and investigations of these matters as envisioned by the IG Act.”
He added that his office has been “negotiating” with the State Department for two years to resolve the issue, “but the problem persists.”
The oversight limitations had already been brought to the attention of the subcommittee. Its leaders, Sens. David Perdue (R-Ga.) and Tim Kaine (D-Va.) sponsored legislation last year to ensure more IG access to internal department investigations.
The Improving Department of State Oversight Act would prevent agencies, including diplomatic security, from initiating investigation without first notifying the inspector general. It also states that any department entity conducting the probe “must fully cooperate with the IG.”
Linick reminded Senators that his office is still waiting for the bill to be passed.
“The need for a legislative fix remains,” he said. “I welcome your continued support as this Congress ends and the new Congress begins next year.”
With President-elect Donald Trump set to take control of the federal government next month, Linick is just one of several government watchdogs reminding Congress that their authorities are lacking, or have been corroded under the Obama administration.
Department of Justice Inspector General Michael Horowitz appeared before a House Oversight Committee last month, and mentioned the need for Congress to pass the IG Empowerment Act. The legislation would counter a secrecy doctrine asserted in a 2015 DOJ Office of Legal Counsel memo that claimed investigative records could be withheld from inspectors general throughout the government.
Horowitz had previously testified that the stonewalling at DOJ began in 2010, years before the OLC issued its policy memo. Before that time, Horowitz said, his staff had little trouble obtaining records from department authorities.
Department of Homeland Security IG John Roth has expressed similar frustrations about the DOJ’s more aggressive posture toward oversight.
“OLC’s memorandum includes troubling language suggesting that other provisions of law may justify agencies withholding other information needed to conduct vigorous and independent oversight,” he said last year.
The IG Empowerment Act would afford additional subpoena powers to all 73 inspectors general in the federal government. It passed the House in June, but is still awaiting consideration in the Senate.
