1885 
‘‘(i) has made a determination that the con-
tinued presence of the Inspector General in the 
workplace poses a threat described in any of 
clauses (i) through (iv) of section 6329b(b)(2)(A) 
of title 5, United States Code; and 
‘‘(ii) not later than the date on which the 
change in status takes effect, submits to the con-
gressional intelligence committees a written com-
munication that contains the information re-
quired under subparagraph (B), including the 
report required under clause (ii) of that subpara-
graph.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—Sec-
tion 12(3) of the Inspector General Act of 1978 (5 U.S.C. 
App.) is amended by inserting ‘‘except as otherwise ex-
pressly provided,’’ before ‘‘the term’’. 
SEC. 5203. VACANCY IN POSITION OF INSPECTOR GENERAL. 
(a) IN GENERAL.—Section 3 of the Inspector General 
Act of 1978 (5 U.S.C. App.) is amended by adding at the 
end the following: 
‘‘(h)(1) In this subsection— 
‘‘(A) the term ‘first assistant to the position of 
Inspector General’ means, with respect to an Office of 
Inspector General— 
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‘‘(i) an individual who, as of the day before 
the date on which the Inspector General dies, re-
signs, or otherwise becomes unable to perform the 
functions and duties of that position— 
‘‘(I) is serving in a position in that 
Office; and 
‘‘(II) has been designated in writing by 
the Inspector General, through an order of 
succession or otherwise, as the first assistant 
to the position of Inspector General; or 
‘‘(ii) if the Inspector General has not made 
a designation described in clause (i)(II)— 
‘‘(I) the Principal Deputy Inspector 
General of that Office, as of the day before 
the date on which the Inspector General 
dies, resigns, or otherwise becomes unable to 
perform the functions and duties of that po-
sition; or 
‘‘(II) if there is no Principal Deputy 
Inspector General of that Office, the Deputy 
Inspector General of that Office, as of the 
day before the date on which the Inspector 
General dies, resigns, or otherwise becomes 
unable to perform the functions and duties 
of that position; and 
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‘‘(B) the term ‘Inspector General’— 
‘‘(i) means an Inspector General who is ap-
pointed by the President, by and with the advice 
and consent of the Senate; and 
‘‘(ii) includes the Inspector General of an 
establishment, the Special Inspector General for 
the Troubled Asset Relief Program, and the Spe-
cial Inspector General for Pandemic Recovery. 
‘‘(2) If an Inspector General dies, resigns, or is other-
wise unable to perform the functions and duties of the posi-
tion— 
‘‘(A) section 3345(a) of title 5, United States 
Code, and section 103(e) of the National Security Act 
of 1947 (50 U.S.C. 3025(e)) shall not apply; 
‘‘(B) subject to paragraph (4), the first assistant 
to the position of Inspector General shall perform the 
functions and duties of the Inspector General tempo-
rarily in an acting capacity subject to the time limi-
tations of section 3346 of title 5, United States Code; 
and 
‘‘(C) notwithstanding subparagraph (B), and 
subject to paragraphs (4) and (5), the President (and 
only the President) may direct an officer or employee 
of any Office of an Inspector General to perform the 
functions and duties of the Inspector General tempo-
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1888 
rarily in an acting capacity subject to the time limi-
tations of section 3346 of title 5, United States Code, 
only if— 
‘‘(i) during the 365-day period preceding 
the date of death, resignation, or beginning of in-
ability to serve of the Inspector General, the offi-
cer or employee served in a position in an Office 
of an Inspector General for not less than 90 
days, except that— 
‘‘(I) the requirement under this clause 
shall not apply if the officer is an Inspector 
General; and 
‘‘(II) for the purposes of this subpara-
graph, performing the functions and duties 
of an Inspector General temporarily in an 
acting capacity does not qualify as service 
in a position in an Office of an Inspector 
General; 
‘‘(ii) the rate of pay for the position of the 
officer or employee described in clause (i) is 
equal to or greater than the minimum rate of 
pay payable for a position at GS–15 of the Gen-
eral Schedule; 
‘‘(iii) the officer or employee has dem-
onstrated ability in accounting, auditing, finan-
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1889 
cial analysis, law, management analysis, public 
administration, or investigations; and 
‘‘(iv) not later than 30 days before the date 
on which the direction takes effect, the President 
communicates in writing to both Houses of Con-
gress (including to the appropriate congressional 
committees) the substantive rationale, including 
the detailed and case-specific reasons, for such 
direction, including the reason for the direction 
that someone other than the individual who is 
performing the functions and duties of the In-
spector General temporarily in an acting capac-
ity (as of the date on which the President issues 
that direction) perform those functions and du-
ties temporarily in an acting capacity. 
‘‘(3) Notwithstanding section 3345(a) of title 5, United 
States Code, and subparagraphs (B) and (C) of paragraph 
(2), and subject to paragraph (4), during any period in 
which an Inspector General is on non-duty status— 
‘‘(A) the first assistant to the position of Inspec-
tor General shall perform the functions and duties of 
the position temporarily in an acting capacity subject 
to the time limitations of section 3346 of title 5, 
United States Code; and 
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1890 
‘‘(B) if the first assistant described in subpara-
graph (A) dies, resigns, or becomes otherwise unable 
to perform those functions and duties, the President 
(and only the President) may direct an officer or em-
ployee in that Office of Inspector General to perform 
those functions and duties temporarily in an acting 
capacity, subject to the time limitations of section 
3346 of title 5, United States Code, if— 
‘‘(i) that direction satisfies the requirements 
under clauses (ii), (iii), and (iv) of paragraph 
(2)(C); and 
‘‘(ii) that officer or employee served in a po-
sition in that Office of Inspector General for not 
fewer than 90 of the 365 days preceding the date 
on which the President makes that direction. 
‘‘(4) An individual may perform the functions and du-
ties of an Inspector General temporarily and in an acting 
capacity under subparagraph (B) or (C) of paragraph (2), 
or under paragraph (3), with respect to only 1 Inspector 
General position at any given time. 
‘‘(5) If the President makes a direction under para-
graph (2)(C), during the 30-day period preceding the date 
on which the direction of the President takes effect, the func-
tions and duties of the position of the applicable Inspector 
General shall be performed by— 
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1891 
‘‘(A) the first assistant to the position of Inspec-
tor General; or 
‘‘(B) the individual performing those functions 
and duties temporarily in an acting capacity, as of 
the date on which the President issues that direction, 
if that individual is an individual other than the 
first assistant to the position of Inspector General.’’. 
(b) AMENDMENT TO NATIONAL SECURITY ACT.—Sec-
tion 103H(c) of the National Security Act (50 U.S.C. 
3033(c)), as amended by section 5202, is further amended 
by adding at the end the following: 
‘‘(6)(A) In this subsection, the term ‘first assist-
ant to the position of Inspector General’ has the 
meaning given in section 3 of the Inspector General 
Act of 1978 (5 U.S.C. App.). 
‘‘(B) If the Inspector General dies, resigns, or is 
otherwise unable to perform the functions and duties 
of the position— 
‘‘(i) section 3345(a) of title 5, United States 
Code, and section 103(e) of the National Security 
Act of 1947 (50 U.S.C. 3025(e)) shall not apply; 
‘‘(ii) subject to subparagraph (D), the first 
assistant to the position of Inspector General 
shall perform the functions and duties of the In-
spector General temporarily in an acting capac-
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1892 
ity subject to the time limitations of section 3346 
of title 5, United States Code; and 
‘‘(iii) notwithstanding clause (ii), and sub-
ject to subparagraphs (D) and (E), the President 
(and only the President) may direct an officer or 
employee of any Office of an Inspector General 
to perform the functions and duties of the In-
spector General temporarily in an acting capac-
ity subject to the time limitations of section 3346 
of title 5, United States Code, only if— 
‘‘(I) during the 365-day period pre-
ceding the date of death, resignation, or be-
ginning of inability to serve of the Inspector 
General, the officer or employee served in a 
position in an Office of an Inspector Gen-
eral for not less than 90 days, except that— 
‘‘(aa) the requirement under this 
subclause shall not apply if the officer 
is an Inspector General; and 
‘‘(bb) for the purposes of this 
clause, performing the functions and 
duties of an Inspector General tempo-
rarily in an acting capacity does not 
qualify as service in a position in an 
Office of an Inspector General; 
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1893 
‘‘(II) the rate of pay for the position of 
the officer or employee described in sub-
clause (I) is equal to or greater than the 
minimum rate of pay payable for a posi-
tion at GS–15 of the General Schedule; 
‘‘(III) the officer or employee has dem-
onstrated ability in accounting, auditing, 
financial analysis, law, management anal-
ysis, public administration, or investiga-
tions; and 
‘‘(IV) not later than 30 days before the 
date on which the direction takes effect, the 
President communicates in writing to the 
congressional intelligence committees the 
substantive rationale, including the detailed 
and case-specific reasons, for such direction, 
including the reason for the direction that 
someone other than the individual who is 
performing the functions and duties of the 
Inspector General temporarily in an acting 
capacity (as of the date on which the Presi-
dent issues that direction) perform those 
functions and duties temporarily in an act-
ing capacity. 
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1894 
‘‘(C) Notwithstanding section 3345(a) of title 5, 
United States Code, section 103(e) of the National Se-
curity Act of 1947 (50 U.S.C. 3025(e)), and clauses 
(ii) and (iii) of subparagraph (B), and subject to sub-
paragraph (D), during any period in which the In-
spector General is on nonduty status— 
‘‘(i) the first assistant to the position of In-
spector General shall perform the functions and 
duties of the position temporarily in an acting 
capacity subject to the time limitations of section 
3346 of title 5, United States Code; and 
‘‘(ii) if the first assistant described in clause 
(i) dies, resigns, or becomes otherwise unable to 
perform those functions and duties, the President 
(and only the President) may direct an officer or 
employee in the Office of Inspector General to 
perform those functions and duties temporarily 
in an acting capacity, subject to the time limita-
tions of section 3346 of title 5, United States 
Code, if— 
‘‘(I) that direction satisfies the require-
ments under subclauses (II), (III), and (IV) 
of subparagraph (B)(iii); and 
‘‘(II) that officer or employee served in 
a position in that Office of Inspector Gen-
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1895 
eral for not fewer than 90 of the 365 days 
preceding the date on which the President 
makes that direction. 
‘‘(D) An individual may perform the functions 
and duties of the Inspector General temporarily and 
in an acting capacity under clause (ii) or (iii) of sub-
paragraph (B), or under subparagraph (C), with re-
spect to only 1 Inspector General position at any 
given time. 
‘‘(E) If the President makes a direction under 
subparagraph (B)(iii), during the 30-day period pre-
ceding the date on which the direction of the Presi-
dent takes effect, the functions and duties of the posi-
tion of the Inspector General shall be performed by— 
‘‘(i) the first assistant to the position of In-
spector General; or 
‘‘(ii) the individual performing those func-
tions and duties temporarily in an acting capac-
ity, as of the date on which the President issues 
that direction, if that individual is an indi-
vidual other than the first assistant to the posi-
tion of Inspector General.’’. 
(c) AMENDMENT TO CENTRAL INTELLIGENCE AGENCY 
ACT.—Section 17(b) of the Central Intelligence Agency Act 
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1896 
of 1949 (50 U.S.C. 3517(b)), as amended by section 5202, 
is further amended by adding at the end the following: 
‘‘(8)(A) In this subsection, the term ‘first assist-
ant to the position of Inspector General’ has the 
meaning given in section 3 of the Inspector General 
Act of 1978 (5 U.S.C. App.). 
‘‘(B) If the Inspector General dies, resigns, or is 
otherwise unable to perform the functions and duties 
of the position— 
‘‘(i) section 3345(a) of title 5, United States 
Code shall not apply; 
‘‘(ii) subject to subparagraph (D), the first 
assistant to the position of Inspector General 
shall perform the functions and duties of the In-
spector General temporarily in an acting capac-
ity subject to the time limitations of section 3346 
of title 5, United States Code; and 
‘‘(iii) notwithstanding clause (ii), and sub-
ject to subparagraphs (D) and (E), the President 
(and only the President) may direct an officer or 
employee of any Office of an Inspector General 
to perform the functions and duties of the In-
spector General temporarily in an acting capac-
ity subject to the time limitations of section 3346 
of title 5, United States Code, only if— 
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‘‘(I) during the 365-day period pre-
ceding the date of death, resignation, or be-
ginning of inability to serve of the Inspector 
General, the officer or employee served in a 
position in an Office of an Inspector Gen-
eral for not less than 90 days, except that— 
‘‘(aa) the requirement under this 
subclause shall not apply if the officer 
is an Inspector General; and 
‘‘(bb) for the purposes of this 
clause, performing the functions and 
duties of an Inspector General tempo-
rarily in an acting capacity does not 
qualify as service in a position in an 
Office of an Inspector General; 
‘‘(II) the rate of pay for the position of 
the officer or employee described in sub-
clause (I) is equal to or greater than the 
minimum rate of pay payable for a posi-
tion at GS–15 of the General Schedule; 
‘‘(III) the officer or employee has dem-
onstrated ability in accounting, auditing, 
financial analysis, law, management anal-
ysis, public administration, or investiga-
tions; and 
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