[Congressional Record Volume 161, Number 90 (Monday, June 8, 2015)]
[Senate]
[Page S3868]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1801. Mr. JOHNSON submitted an amendment intended to be proposed 
to amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to 
authorize appropriations for fiscal year 2016 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table, as follows:

       At the end of subtitle G of title X, add the following:

     SEC. 1085. SENSE OF THE SENATE REGARDING COMPLIANCE WITH THE 
                   FEDERAL VACANCIES REFORM ACT OF 1998 WITH 
                   RESPECT TO INSPECTORS GENERAL.

       (a) Findings.--Congress finds the following:
       (1) There are 4 Presidentially-appointed Inspector General 
     vacancies for which a nomination is not pending before the 
     Senate.
       (2) Sections 3345 through 3349d of title 5, United States 
     Code, (in this section referred to as the ``Federal Vacancies 
     Reform Act of 1998'') prohibit an acting officer from serving 
     in that position for longer than 210 days.
       (3) Under the Federal Vacancies Reform Act of 1998, the 
     actions of an acting officer serving beyond the 210-day 
     period ``shall have no force or effect'', but this does not 
     apply to an acting Inspector General.
       (4) The Federal Vacancies Reform Act of 1998 provides an 
     exception to the enforcement clause for acting Inspectors 
     General to ensure a President cannot leave a watchdog in 
     place who has no power or authority and therefore provides no 
     mechanism to enforce the 210-day limit for acting Inspectors 
     General.
       (5) For 6 of the 7 Presidentially-appointed Inspector 
     General vacancies, the individual serving in the office in an 
     acting capacity has been serving for more than 210 days, in 
     violation of the Federal Vacancies Reform Act of 1998.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the President should comply with the Federal Vacancies 
     Reform Act of 1998 and fill vacancies of Presidentially-
     appointed positions, including Inspectors General, within 210 
     days of the position becoming vacant; and
       (2) the President cannot avoid this requirement merely by 
     changing the title of an acting officer if that officer still 
     retains the same or substantially similar duties as an acting 
     officer in that office.
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