[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1366 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1366

    To modify the appointment of Inspectors General, and for other 
                               purposes.


_______________________________________________________________________


                   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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 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.''.

SEC. 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).''.

SEC. 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.

SEC. 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.
                                 <all>