113 S1366 IS: Verifying Agency Conduct and Needs Through (VACANT) Inspectors General Act U.S. Senate 2013-07-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II 113th CONGRESS 1st Session S. 1366 IN THE SENATE OF THE UNITED STATES July 25, 2013 Mr. Boozman (for himself, Ms. Ayotte, and Mrs. Shaheen) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To modify the appointment of Inspectors General, and for other purposes.

1.

Short title

This Act may be cited as the Verifying Agency Conduct and Needs Through (VACANT) Inspectors General Act.

2.

Appointment of Inspector General

(a)

Establishments

Section 3(a) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended to read as follows: (a)(1)There shall be at the head of each Office an Inspector General who shall be, except as provided in paragraph (3), appointed by the President, by and with the advice and consent of the Senate, without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. (2)If there is a vacancy at the head of an Office of Inspector General at any establishment, the head of the establishment shall immediately notify the Council of Inspectors General on Integrity and Efficiency that a vacancy exists and the Council of Inspectors General on Integrity and Efficiency shall immediately declare a vacancy at the head of the Office. Not later than 210 days after the declaration of a vacancy by the Council of Inspectors General on Integrity and Efficiency, the President shall appoint an Inspector General for the Office. (3)If the President does not nominate an Inspector General at an Office within 210 days after the declaration of a vacancy by the Council of Inspectors General on Integrity and Efficiency under paragraph (2), the Speaker of the House of Representatives and the President pro tempore of the Senate shall appoint an Inspector General at that establishment, without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations, after considering recommendations from— (A)the Committee on Oversight and Government Reform of the House of Representatives; (B)the Committee on Homeland Security and Governmental Affairs of the Senate; and (C)the Council of Inspectors General on Integrity and Efficiency. (4)Each Inspector General shall report to and be under the general supervision of the head of the establishment involved or, to the extent such authority is delegated, the officer next in rank below such head, but shall not report to, or be subject to supervision by, any other officer of such establishment. (5)Neither the head of the establishment nor the officer next in rank below such head shall prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation, or from issuing any subpoena during the course of any audit or investigation. . (b)

Designated Federal entities

Section 8G(c) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended to read as follows: (c)(1)Except as provided under subsection (f) of this section, the Inspector General shall be, except as provided in paragraph (3), appointed by the head of the designated Federal entity in accordance with the applicable laws and regulations governing appointments within the designated Federal entity. Each Inspector General shall be appointed without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. (2)If there is a vacancy in the position of Inspector General at any designated Federal entity, the head of the designated Federal entity shall immediately notify the Council of Inspectors General on Integrity and Efficiency that a vacancy exists and the Council of Inspectors General on Integrity and Efficiency shall immediately declare a vacancy in the position of Inspector General at that designated Federal entity. Not later than 210 days after the declaration of a vacancy by the Council of Inspectors General on Integrity and Efficiency, the head of the designated Federal entity shall appoint an Inspector General at the designated Federal entity. (3)If the head of a designated Federal entity does not appoint an Inspector General at the designated Federal entity within 210 days after the declaration of a vacancy by the Council of Inspectors General on Integrity and Efficiency under paragraph (2), the Speaker of the House of Representatives and the President pro tempore of the Senate shall appoint an Inspector General at that designated Federal entity, without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations, after considering recommendations from— (A)the Committee on Oversight and Government Reform of the House of Representatives; (B)the Committee on Homeland Security and Governmental Affairs of the Senate; and (C)the Council of Inspectors General on Integrity and Efficiency. (4)For purposes of implementing this section, the Chairman of the Board of Governors of the Federal Reserve System shall appoint the Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection. The Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection shall have all of the authorities and responsibilities provided by this Act with respect to the Bureau of Consumer Financial Protection, as if the Bureau were part of the Board of Governors of the Federal Reserve System. . (c)

Definition of vacancy

Section 12 of the Inspector General Act (5 U.S.C. App.) is amended— (1)in paragraph (4), by striking and at the end; (2)in paragraph (5), by striking the period at the end and inserting ; and; and (3)by adding at the end the following: (6)the term vacancy in the position of Inspector General means a vacancy due to— (A)the death of an Inspector General; (B)the removal of an Inspector General; (C)the resignation of an Inspector General; or (D)the inability of an Inspector General to otherwise perform the functions and duties of the position of Inspector General. .

3.

Authority of Inspector General

Section 6(e) of the Inspector General Act (5 U.S.C. App.) is amended— (1)in paragraph (1), by striking (1) In addition and inserting (1)(A) Except as provided in subparagraph (B), in addition; (2)by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively; and (3)by adding at the end the following: (B)Clauses (ii) and (iii) do not apply to— (i)an Inspector General appointed under section 3(a)(3) or section 8G(c)(3); (ii)any Assistant Inspector General for Investigations under an Inspector General appointed under section 3(a)(3) or section 8G(c)(3); or (iii)any special agent supervised by an Assistant Inspector General for Investigations under an Inspector General appointed under section 3(a)(3) or section 8G(c)(3). .

4.

Declaration of Inspector General vacancies

(a)

In general

Not later than 30 days after the date of enactment of this Act, in accordance with sections 3(a) and 8G(c) of the Inspector General Act of 1978 (5 U.S.C. App.), as amended by this Act, the Council of Inspectors General on Integrity and Efficiency shall declare all vacancies in the position of Inspector General at any establishment or designated Federal entity. (b)

Definition

The term vacancy in the position of Inspector General has the meaning given the term in section 12(6) of the Inspector General Act of 1978 (5 U.S.C. App.), as added by this Act.

5.

Severability

If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby.