Inspector General Access Act of 2025
- Sponsor
- Rep. Ross, Deborah K. [D-NC-2]
- Committees
- Oversight and Government Reform Committee (primary)
- Last action
- Jul 22, 2025
Bottom line
The bill expands the investigative powers of the Department of Justice Inspector General by removing a statutory carve-out that currently limits their ability to investigate misconduct by DOJ attorneys.
What it actually does
This bill amends Title 5 of the United States Code to remove specific statutory limitations on the investigative authority of the Department of Justice Inspector General (DOJ IG). Specifically, it eliminates a provision that restricts the IG from investigating certain allegations of misconduct involving DOJ attorneys, which are typically referred to the Office of Professional Responsibility (OPR) or the Public Integrity Section. The effect is to grant the DOJ IG broader and more direct authority over such investigations.
Proponents argue
Proponents argue that this bill enhances accountability and transparency within the Department of Justice by ensuring that the Inspector General has full authority to investigate all allegations of misconduct, including those involving attorneys. They contend that removing this carve-out closes a loophole that can undermine independent oversight and public trust in the DOJ's internal review processes.
Opponents contend
Opponents might argue that removing this restriction could potentially interfere with the independence of federal prosecutors and litigators, creating a chilling effect on their ability to make tough legal decisions without fear of politically motivated investigations by the IG. They may also contend that existing internal mechanisms, such as the Office of Professional Responsibility, are sufficient for addressing attorney misconduct and that this bill could lead to duplicative or conflicting investigations.
The bill text is very short and straightforward, allowing for quick comprehension of its direct legislative changes.
Section 2(1)(A) and (B) of the bill, amending 5 U.S.C. 413(b)
Removal of Restriction on DOJ IG Investigations of Attorney Misconduct
This provision directly removes paragraph (3) from subsection (b) of Section 413 of Title 5, United States Code. This paragraph previously restricted the Department of Justice Inspector General's authority to investigate certain allegations of misconduct involving attorneys within the Department, particularly those related to their professional judgment in legal matters. By striking this paragraph, the bill eliminates this specific statutory carve-out, thereby expanding the IG's jurisdiction.
Supporters argue
Supporters argue that this change is crucial for ensuring truly independent oversight of the Department of Justice. They believe that no group within the DOJ, including attorneys, should be exempt from the IG's full investigative powers, as it fosters greater public trust and prevents potential abuses of power.
Critics contend
Critics may contend that this provision could undermine the unique role and independence of DOJ attorneys, particularly prosecutors, by subjecting their professional judgments to IG investigations that might not fully appreciate the complexities of legal strategy and prosecutorial discretion. They might also argue it could lead to politicized investigations.
Tradeoffs
The provision balances the need for robust, independent oversight of government agencies against concerns about potentially chilling the exercise of professional judgment by legal professionals and duplicating existing internal review mechanisms.