[House Document 119-43]
[From the U.S. Government Publishing Office]





                                     

119th Congress, 1st Session - - - - - - - - - - - House Document 119-43





 
 NOTIFICATION TO CONGRESS OF THE INTENT TO DESIGNATE RICHARD SMITH AS 
        ACTING INSPECTOR GENERAL OF THE DEPARTMENT OF EDUCATION

                               __________

                             COMMUNICATION

                                  from

                 THE PRESIDENT OF THE UNITED STATES
                 
                              transmitting

 NOTIFICATION TO CONGRESS OF THE INTENT TO DESIGNATE RICHARD SMITH AS 
ACTING INSPECTOR GENERAL OF THE DEPARTMENT OF EDUCATION, PURSUANT TO 5 
U.S.C. 403 NOTE; ADDED BY PUBLIC LAW 117-263, SEC. 5203(a); (136 STAT. 
                                 3229)







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April 17, 2025.--Referred to the Committee on Oversight and Government 
                    Reform and ordered to be printed
                    
                    
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                 U.S. GOVERNMENT PUBLISHING OFFICE 
                 
59-011                    WASHINGTON : 2025 
                    
                    
                    
                    
                    
                    
                    
                    
                    
                    
                    
                    
                    
                    
                    
                    
                                           The White House,
                                        Washington, April 14, 2025.
Hon. Mike Johnson,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: I am hereby notifying the Congress that I 
intend to designate Richard Smith as Acting Inspector General 
of the Department of Education, in place of the current Acting 
Inspector General, Rene Rocque. Such designation will be 
effective 30 days from delivery of this letter.
    The Constitution vests ``the executive Power'' in the 
President, who has a duty to ``take Care that the Laws be 
faithfully executed.'' U.S. Const., Art. II, Sec. 1, cl. 1; id. 
at Sec. 3. In exercising that power and duty, I have determined 
that, based on the qualities outlined in 5 U.S.C. 403(a) and 
the confidence I must place in my appointees, Mr. Smith is the 
best available person to serve as Acting Inspector General of 
the Department of Education at this time. In my judgment, Ms. 
Rocque can better serve the Nation performing other duties 
(i.e., returning to her position as Deputy Inspector General of 
the Department of Education).
    I am providing this notification as a courtesy, a show of 
comity and respect between the executive and legislative 
branches. It should not be interpreted as a concession that the 
Congress can limit my power to remove any officer. ``Because no 
single person could fulfill [the President's] 
responsibilit[ies] alone, the Framers expected that the 
President would rely on subordinate officers for assistance.'' 
Seila Law LLC v. Consumer Financial Protection Bureau, 591 U.S. 
197, 203-204 (2020). And the Constitution gives the President 
``the authority to remove those who assist him in carrying out 
his duties.'' Free Enterprise Fund v. Public Company Accounting 
Oversight Board, 561 U.S. 477, 513-514 (2010). ``Without such 
power, the President could not be held fully accountable for 
discharging his own responsibilities; the buck would stop 
somewhere else.'' Id at 514.
    Ultimately, I have determined that the changed priorities 
of my Administration (as compared to the previous one) will be 
better reflected with new leadership in this Office. Therefore, 
I am apprising you of my intention to designate Mr. Smith as 
Acting Inspector General of the Department of Education, 
effective 30 days from delivery of this letter.
            Sincerely,
                                                   Donald J. Trump.

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