II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Verifying Agency Con5 duct and Needs Through (VACANT) Inspectors General 

6 Act’’. 

7 SEC. 2. APPOINTMENT OF INSPECTOR GENERAL. 

8 (a) ESTABLISHMENTS.—Section 3(a) of the Inspector 

9 General Act of 1978 (5 U.S.C. App.) is amended to read 

10 as follows: 


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1 ‘‘(a)(1) There shall be at the head of each Office an 

2 Inspector General who shall be, except as provided in 

3 paragraph (3), appointed by the President, by and with 

4 the advice and consent of the Senate, without regard to 

5 political affiliation and solely on the basis of integrity and 

6 demonstrated ability in accounting, auditing, financial 

7 analysis, law, management analysis, public administration, 

8 or investigations. 

9 ‘‘(2) If there is a vacancy at the head of an Office 

10 of Inspector General at any establishment, the head of the 

11 establishment shall immediately notify the Council of In12 spectors General on Integrity and Efficiency that a va13 cancy exists and the Council of Inspectors General on In14 tegrity and Efficiency shall immediately declare a vacancy 

15 at the head of the Office. Not later than 210 days after 

16 the declaration of a vacancy by the Council of Inspectors 

17 General on Integrity and Efficiency, the President shall 

18 appoint an Inspector General for the Office. 

19 ‘‘(3) If the President does not nominate an Inspector 

20 General at an Office within 210 days after the declaration 

21 of a vacancy by the Council of Inspectors General on In22 tegrity and Efficiency under paragraph (2), the Speaker 

23 of the House of Representatives and the President pro 

24 tempore of the Senate shall appoint an Inspector General 

25 at that establishment, without regard to political affiliVerDate Mar 15 2010 00:01 Jul 30, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1366.IS S1366

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1 ation and solely on the basis of integrity and demonstrated 

2 ability in accounting, auditing, financial analysis, law, 

3 management analysis, public administration, or investiga4 tions, after considering recommendations from— 

5 ‘‘(A) the Committee on Oversight and Govern6 ment Reform of the House of Representatives; 

7 ‘‘(B) the Committee on Homeland Security and 

8 Governmental Affairs of the Senate; and 

9 ‘‘(C) the Council of Inspectors General on In10 tegrity and Efficiency. 

11 ‘‘(4) Each Inspector General shall report to and be 

12 under the general supervision of the head of the establish13 ment involved or, to the extent such authority is delegated, 

14 the officer next in rank below such head, but shall not 

15 report to, or be subject to supervision by, any other officer 

16 of such establishment. 

17 ‘‘(5) Neither the head of the establishment nor the 

18 officer next in rank below such head shall prevent or pro19 hibit the Inspector General from initiating, carrying out, 

20 or completing any audit or investigation, or from issuing 

21 any subpoena during the course of any audit or investiga22 tion.’’. 

23 (b) DESIGNATED FEDERAL ENTITIES.—Section 

24 8G(c) of the Inspector General Act of 1978 (5 U.S.C. 

25 App.) is amended to read as follows: 


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1 ‘‘(c)(1) Except as provided under subsection (f) of 

2 this section, the Inspector General shall be, except as pro3 vided in paragraph (3), appointed by the head of the des4 ignated Federal entity in accordance with the applicable 

5 laws and regulations governing appointments within the 

6 designated Federal entity. Each Inspector General shall 

7 be appointed without regard to political affiliation and 

8 solely on the basis of integrity and demonstrated ability 

9 in accounting, auditing, financial analysis, law, manage10 ment analysis, public administration, or investigations. 

11 ‘‘(2) If there is a vacancy in the position of Inspector 

12 General at any designated Federal entity, the head of the 

13 designated Federal entity shall immediately notify the 

14 Council of Inspectors General on Integrity and Efficiency 

15 that a vacancy exists and the Council of Inspectors Gen16 eral on Integrity and Efficiency shall immediately declare 

17 a vacancy in the position of Inspector General at that des18 ignated Federal entity. Not later than 210 days after the 

19 declaration of a vacancy by the Council of Inspectors Gen20 eral on Integrity and Efficiency, the head of the des21 ignated Federal entity shall appoint an Inspector General 

22 at the designated Federal entity. 

23 ‘‘(3) If the head of a designated Federal entity does 

24 not appoint an Inspector General at the designated Fed25 eral entity within 210 days after the declaration of a vaVerDate Mar 15 2010 00:01 Jul 30, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1366.IS S1366

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1 cancy by the Council of Inspectors General on Integrity 

2 and Efficiency under paragraph (2), the Speaker of the 

3 House of Representatives and the President pro tempore 

4 of the Senate shall appoint an Inspector General at that 

5 designated Federal entity, without regard to political af6 filiation and solely on the basis of integrity and dem7 onstrated ability in accounting, auditing, financial anal8 ysis, law, management analysis, public administration, or 

9 investigations, after considering recommendations from— 

10 ‘‘(A) the Committee on Oversight and Govern11 ment Reform of the House of Representatives; 

12 ‘‘(B) the Committee on Homeland Security and 

13 Governmental Affairs of the Senate; and 

14 ‘‘(C) the Council of Inspectors General on In15 tegrity and Efficiency. 

16 ‘‘(4) For purposes of implementing this section, the 

17 Chairman of the Board of Governors of the Federal Re18 serve System shall appoint the Inspector General of the 

19 Board of Governors of the Federal Reserve System and 

20 the Bureau of Consumer Financial Protection. The In21 spector General of the Board of Governors of the Federal 

22 Reserve System and the Bureau of Consumer Financial 

23 Protection shall have all of the authorities and responsibil24 ities provided by this Act with respect to the Bureau of 

25 Consumer Financial Protection, as if the Bureau were 


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1 part of the Board of Governors of the Federal Reserve 

2 System.’’. 

3 (c) DEFINITION OF VACANCY.—Section 12 of the In4 spector General Act (5 U.S.C. App.) is amended— 

5 (1) in paragraph (4), by striking ‘‘and’’ at the 

6 end; 

7 (2) in paragraph (5), by striking the period at 

8 the end and inserting ‘‘; and’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(6) the term ‘vacancy in the position of In11 spector General’ means a vacancy due to— 

12 ‘‘(A) the death of an Inspector General; 

13 ‘‘(B) the removal of an Inspector General; 

14 ‘‘(C) the resignation of an Inspector Gen15 eral; or 

16 ‘‘(D) the inability of an Inspector General 

17 to otherwise perform the functions and duties 

18 of the position of Inspector General.’’. 

19 SEC. 3. AUTHORITY OF INSPECTOR GENERAL. 

20 Section 6(e) of the Inspector General Act (5 U.S.C. 

21 App.) is amended— 

22 (1) in paragraph (1), by striking ‘‘(1) In addi23 tion’’ and inserting ‘‘(1)(A) Except as provided in 

24 subparagraph (B), in addition’’; 


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1 (2) by redesignating subparagraphs (A) through 

2 (C) as clauses (i) through (iii), respectively; and 

3 (3) by adding at the end the following: 

4 ‘‘(B) Clauses (ii) and (iii) do not apply 

5 to— 

6 ‘‘(i) an Inspector General appointed 

7 under section 3(a)(3) or section 8G(c)(3); 

8 ‘‘(ii) any Assistant Inspector General 

9 for Investigations under an Inspector Gen10 eral appointed under section 3(a)(3) or 

11 section 8G(c)(3); or 

12 ‘‘(iii) any special agent supervised by 

13 an Assistant Inspector General for Inves14 tigations under an Inspector General ap15 pointed under section 3(a)(3) or section 

16 8G(c)(3).’’. 

17 SEC. 4. DECLARATION OF INSPECTOR GENERAL VACAN18 CIES. 

19 (a) IN GENERAL.—Not later than 30 days after the 

20 date of enactment of this Act, in accordance with sections 

21 3(a) and 8G(c) of the Inspector General Act of 1978 (5 

22 U.S.C. App.), as amended by this Act, the Council of In23 spectors General on Integrity and Efficiency shall declare 

24 all vacancies in the position of Inspector General at any 

25 establishment or designated Federal entity. 


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1 (b) DEFINITION.—The term ‘‘vacancy in the position 

2 of Inspector General’’ has the meaning given the term in 

3 section 12(6) of the Inspector General Act of 1978 (5 

4 U.S.C. App.), as added by this Act. 

5 SEC. 5. SEVERABILITY. 

6 If any provision of this Act, an amendment made by 

7 this Act, or the application of such provision or amend8 ment to any person or circumstance is held to be unconsti9 tutional, the remainder of this Act, the amendments made 

10 by this Act, and the application of the provisions of such 

11 to any person or circumstance shall not be affected there12 by. 

Æ 


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