Sec. 8. Removal of Inspectors General; vacancies; change in status; terms

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The Inspector General Act of 1978 (5 U.S.C. App.) is amended— in section 3(b), by inserting after the first sentence the following: An Inspector General may only be removed by the President for permanent incapacity, neglect of duty, malfeasance, conviction of a felony or conduct involving moral turpitude, knowing violation of a law, gross mismanagement, gross waste of funds, or abuse of authority. ; and in section 8G(e), by adding at the end the following: An Inspector General may only be removed by the head of a designated Federal entity for permanent incapacity, neglect of duty, malfeasance, conviction of a felony or conduct involving moral turpitude, knowing violation of a law, gross mismanagement, gross waste of funds, or abuse of authority. .

Section 103H(c)(4) of the National Security Act of 1947 ( 50 U.S.C. 3033(c)(4) ) is amended, in the first sentence, by inserting , and only for permanent incapacity, neglect of duty, malfeasance, conviction of a felony or conduct involving moral turpitude, knowing violation of a law, gross mismanagement, gross waste of funds, or abuse of authority before the period at the end. Section 17(b)(6) of the Central Intelligence Act of 1949 ( 50 U.S.C. 3517(b)(6) ) is amended, in the first sentence, by inserting , and only for permanent incapacity, neglect of duty, malfeasance, conviction of a felony or conduct involving moral turpitude, knowing violation of a law, gross mismanagement, gross waste of funds, or abuse of authority before the period at the end.

Section 705(b)(2) of title 31, United States Code, is amended, in the first sentence, by inserting only for permanent incapacity, neglect of duty, malfeasance, conviction of a felony or conduct involving moral turpitude, knowing violation of a law, gross mismanagement, gross waste of funds, or abuse of authority before the period at the end. Section 1004(b)(3) of the Legislative Branch Appropriations Act, 2006 ( 2 U.S.C. 1909(b)(3) ) is amended by adding at the end the following:

The Board may only remove the Inspector General for permanent incapacity, neglect of duty, malfeasance, conviction of a felony or conduct involving moral turpitude, knowing violation of a law, gross mismanagement, gross waste of funds, or abuse of authority. . Section 1301(c)(2)(A) of the Architect of the Capitol Inspector General Act of 2007 ( 2 U.S.C. 1808(c)(2)(A) ) is amended by inserting only for permanent incapacity, neglect of duty, malfeasance, conviction of a felony or conduct involving moral turpitude, knowing violation of a law, gross mismanagement, gross waste of funds, or abuse of authority before the period at the end.

Section 1307(c)(2)(A) of the Library of Congress Inspector General Act of 2005 ( 2 U.S.C. 185(c)(2)(A) ) is amended by inserting only for permanent incapacity, neglect of duty, malfeasance, conviction of a felony or conduct involving moral turpitude, knowing violation of a law, gross mismanagement, gross waste of funds, or abuse of authority before the period at the end. Section 3902(b)(1) of title 44, United States Code, is amended by inserting only for permanent incapacity, neglect of duty, malfeasance, conviction of a felony or conduct involving moral turpitude, knowing violation of a law, gross mismanagement, gross waste of funds, or abuse of authority before the period at the end.

If any provision of the amendments made by this subsection, or the application of such a provision to any person or circumstance, is held to be unconstitutional, the remaining provisions of the amendments made by this subsection, and the application of such provisions to any person or circumstance, shall not be affected by the holding. Section 11(c) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: In this paragraph— the term appropriate congressional committees means— the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate; and the Committee on Oversight and Reform and the Committee on the Judiciary of the House of Representatives; and the term Inspector General means— an Inspector General appointed under section 3 or 8G; the Inspector General of the Central Intelligence Agency established under section 17 of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517 ); the Inspector General of the Intelligence Community established under section 103H of the National Security Act of 1947 ( 50 U.S.C. 3033 ); the Special Inspector General for Afghanistan Reconstruction established under section 1229 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 122 Stat. 379); the Special Inspector General for the Troubled Asset Relief Plan established under section 121 of the Emergency Economic Stabilization Act of 2008 ( 12 U.S.C. 5231 ); the Inspector General for the Government Accountability Office established under section 705 of title 31, United States Code; the Inspector General for the United States Capitol Police established under section 1004 of the Legislative Branch Appropriations Act, 2006 ( 2 U.S.C. 1909 ); the Inspector General of the Architect of the Capitol established under section 1301 of the Architect of the Capitol Inspector General Act of 2007 ( 2 U.S.C. 1808 ); the Inspector General of the Library of Congress established under section 1307 of the Library of Congress Inspector General Act of 2005 ( 2 U.S.C. 185 ); and the Inspector General of the Government Publishing Office established under section 3901 of title 44, United States Code.

In the event of a removal of an Inspector General or an acting Inspector General, the Council shall— investigate the reasons for removal provided by the President or relevant head of the establishment, designated Federal entity (as defined in section 8G), or Federal agency, as applicable, and publish a publicly available report with the findings of the Council and, in the case of an Inspector General or acting Inspector General appointed by the President, whether the reasons comply with the relevant provisions relating to for cause removal; and review any investigation that was being conducted by the Inspector General or acting Inspector at the time of the removal and report to the appropriate congressional committees, and any other committee of Congress that the Council determines to be relevant, on whether the Council finds that the investigation led to the removal. .

The Inspector General Act of 1978 (5 U.S.C. App.) is amended— in section 3, by adding at the end the following: In the event of a vacancy in the position of Inspector General— section 3345(a) of title 5, United States Code, shall not apply; the first assistant to the position of Inspector General who served in that position for not less than 30 days immediately preceding the vacancy shall perform the functions and duties of the Inspector General temporarily in an acting capacity subject to the time limitations of section 3346 of title 5, United States Code; if there is no first assistant to the position of Inspector General serving in that position for not less than 30 days immediately preceding the vacancy, the President may direct a covered employee of the Office or another Office to perform the functions and duties of the Inspector General temporarily in an acting capacity, subject to the time limitations of section 3346 of title 5, United States Code; and the President may only remove the first assistant described in subparagraph

(B)or the covered employee directed under subparagraph

(C)after a 30-day period beginning on the date on which the President provides Congress with a written notification of the reasons for the removal. If an Inspector General is removed from office, the following individuals may bring an action in the appropriate district court of the United States to challenge the removal: The removed Inspector General. Any member of the staff of the removed Inspector General. Any individual harmed by an action of the establishment following the removal of the Inspector General and before the position is filled by an individual appointed by the President, with the advice and consent of the Senate. Nothing in paragraph (1)(D) shall be construed to affect any protection provided to a covered employee under title 5, United States Code. In this subsection, the term covered employee means an officer or employee who, as of the date on which the individual is directed under paragraph (1)(C), is an employee, as that term is defined in section 2105 of title 5, United States Code, who— is permitted to submit an appeal to the Merit Systems Protection Board from any action which is appealable to the Board under any law, rule, or regulation; and may obtain judicial review of the final order or decision of the Board if the employee is adversely affected or aggrieved by that order or decision. ; and in section 8G, by adding at the end the following: In the event of a vacancy in the position of Inspector General— the first assistant to the position of Inspector General who served in that position for not less than 30 days immediately preceding the vacancy shall perform the functions and duties of the Inspector General temporarily in an acting capacity until the head of the designated Federal entity appoints a permanent Inspector General; if there is no first assistant to the position of Inspector General serving in that position for not less than 30 days immediately preceding the vacancy, the head of the designated Federal entity shall direct a covered employee of the Office of Inspector General or another Office of Inspector General to perform the functions and duties of the Inspector General temporarily in an acting capacity, until the head of the designated Federal entity appoints a permanent Inspector General; and the head of the designated Federal entity may only remove the first assistant described in subparagraph

(A)or the covered employee directed under subparagraph

(B)after a 30-day period beginning on the date on which the head of the designated Federal entity provides Congress with a written notification of the reasons for the removal. If an Inspector General is removed from office, the following individuals may bring an action in the appropriate district court of the United States to challenge the removal: The removed Inspector General. Any member of the staff of the removed Inspector General. Any individual harmed by an action of the designated Federal entity following the removal of the Inspector General and before the position is filled by an individual appointed by the head of the designated Federal entity. Nothing in paragraph (1)(C) shall be construed to affect any protection provided to a covered employee under title 5, United States Code. In this subsection, the term covered employee means an officer or employee who, as of the date on which the individual is directed under paragraph (1)(B), is an employee, as that term is defined in section 2105 of title 5, United States Code, who— is permitted to submit an appeal to the Merit Systems Protection Board from any action which is appealable to the Board under any law, rule, or regulation; and may obtain judicial review of the final order or decision of the Board if the employee is adversely affected or aggrieved by that order or decision. . Section 103H(c) of the National Security Act of 1947 ( 50 U.S.C. 3033(c) ) is amended by adding at the end the following: In the event of a vacancy in the position of Inspector General of the Intelligence Community, the provisions of section 3(h) of the Inspector General Act of 1978 (5 U.S.C. App.) shall apply as if the Inspector General were an Inspector General of an establishment (as defined in section 12 of such Act (5 U.S.C. App.)). . Section 17(b) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(b) ) is amended by adding at the end the following: In the event of a vacancy in the position of Inspector General of the Agency, the provisions of section 3(h) of the Inspector General Act of 1978 (5 U.S.C. App.) shall apply as if the Inspector General were an Inspector General of an establishment (as defined in section 12 of such Act (5 U.S.C. App.)). . Section 705(b) of title 31, United States Code, is amended— in the subsection heading, by inserting ; Vacancy; Term after Removal ; and by adding at the end the following: In the event of a vacancy in the position of Inspector General, the provisions of section 3(h) of the Inspector General Act of 1978 (5 U.S.C. App.) shall apply as if the Inspector General were an Inspector General of an establishment (as defined in section 12 of such Act (5 U.S.C. App.)). . Section 1004(b) of the Legislative Branch Appropriations Act, 2006 ( 2 U.S.C. 1909(b) ) is amended by adding at the end the following: In the event of a vacancy in the position of Inspector General, the provisions of section 3(h) of the Inspector General Act of 1978 (5 U.S.C. App.) shall apply as if the Inspector General were an Inspector General of an establishment (as defined in section 12 of such Act (5 U.S.C. App.)). . Section 1301(c) of the Architect of the Capitol Inspector General Act of 2007 ( 2 U.S.C. 1808(c) ) is amended— in the subsection heading, by inserting ; Vacancy; Term after Counsel ; and by adding at the end the following: In the event of a vacancy in the position of Inspector General, the provisions of section 3(h) of the Inspector General Act of 1978 (5 U.S.C. App.) shall apply as if the Inspector General were an Inspector General of an establishment (as defined in section 12 of such Act (5 U.S.C. App.)). . Section 1307(c) of the Library of Congress Inspector General Act of 2005 ( 2 U.S.C. 185(c) ) is amended— in the subsection heading, by inserting ; Vacancy; Term after Counsel ; and by adding at the end the following: In the event of a vacancy in the position of Inspector General, the provisions of section 3(h) of the Inspector General Act of 1978 (5 U.S.C. App.) shall apply as if the Inspector General were an Inspector General of an establishment (as defined in section 12 of such Act (5 U.S.C. App.)). . Section 3902 of title 44, United States Code, is amended by adding at the end the following: In the event of a vacancy in the position of Inspector General, the provisions of section 3(h) of the Inspector General Act of 1978 (5 U.S.C. App.) shall apply as if the Inspector General were an Inspector General of an establishment (as defined in section 12 of such Act (5 U.S.C. App.)). . Section 1229(c) of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 122 Stat. 379) is amended— in the subsection heading, by inserting Vacancy; Term after Removal ; and by adding at the end the following: In the event of a vacancy in the position of Inspector General, the provisions of section 3(h) of the Inspector General Act of 1978 (5 U.S.C. App.) shall apply as if the Inspector General were an Inspector General of an establishment (as defined in section 12 of such Act (5 U.S.C. App.)). . Section 121(b) of the Emergency Economic Stabilization Act of 2008 ( 12 U.S.C. 5231(b) ) is amended by adding at the end the following: In the event of a vacancy in the position of Special Inspector General, the provisions of section 3(h) of the Inspector General Act of 1978 (5 U.S.C. App.) shall apply as if the Special Inspector General were an Inspector General of an establishment (as defined in section 12 of such Act (5 U.S.C. App.)). . Section 3345 of title 5, United States Code, is amended by adding at the end the following: Notwithstanding subsection (a), if the President fails to submit a nominee to the Senate for an Inspector General of an office established under section 2 of the Inspector General Act of 1978 (5 U.S.C. App.) within 210 days after a vacancy occurs in the position, a temporary Inspector General shall be appointed to the vacant position by a panel of not fewer than 3 inspectors general, who shall be appointed by the Chair of the Council of the Inspectors General on Integrity and Efficiency for the purpose of making such an appointment. When appointing a temporary Inspector General pursuant to subsection (d), the panel shall select the appointee from the list of suggested individuals submitted by the Council of the Inspectors General on Integrity and Efficiency pursuant to section 11(c)(1)(F) of the Inspector General Act of 1978 (5 U.S.C. App.). A temporary Inspector General appointed in accordance with subsection (d)— is not subject to the term limitations of section 3346; and may serve as Temporary Inspector General— until such time that a permanent Inspector General is confirmed by the Senate; or until the temporary Inspector General is removed from office by the President, who may only remove the temporary Inspector General if the President, not later than 30 days before the removal, communicates in writing the reasons for the removal to both Houses of Congress. . Section 3(b) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended, in the second sentence— by inserting , is placed on paid or unpaid non-duty status, after is removed from office ; by inserting , change in status, after any such removal ; and by inserting , change in status, after before the removal . Section 8G(e)(2) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended, in the first sentence— by inserting , is placed on paid or unpaid non-duty status, after office ; by inserting , change in status, after any such removal ; and by inserting , change in status, after before the removal . The Inspector General Act of 1978 (5 U.S.C. App.) is amended— in section 3, as amended by this section, by adding at the end the following: The term of office of each Inspector General shall be 7 years. An individual may serve for more than 1 term in such office, if the individual is appointed by the President, by and with the advice and consent of the Senate, for each such term. Any individual appointed and confirmed to fill a vacancy in such position, occurring before the expiration of the term for which his or her predecessor was appointed, shall be appointed and confirmed for a full 7-year term. ; and in section 8G(c)— by inserting

(1)after

(c); and by adding at the end the following: The term of office of each Inspector General shall be 7 years. An individual may serve for more than 1 term in such office. Any individual appointed to fill a vacancy in such position, occurring before the expiration of the term for which his or her predecessor was appointed, shall be appointed for a full 7-year term. . Section 103H(c) of the National Security Act of 1947 ( 50 U.S.C. 3033(c) ), as amended by this section, is amended by adding at the end the following: The term of office of the Inspector General shall be 7 years. An individual may serve for more than 1 term in such office. Any individual appointed to fill a vacancy in such position, occurring before the expiration of the term for which his or her predecessor was appointed, shall be appointed for a full 7-year term. . Section 17(b) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(b) ), as amended by this section, is amended by adding at the end the following: The term of office of the Inspector General shall be 7 years. An individual may serve for more than 1 term in such office. Any individual appointed to fill a vacancy in such position, occurring before the expiration of the term for which his or her predecessor was appointed, shall be appointed for a full 7-year term. . Section 705(b) of title 31, United States Code, as amended by this section, is amended by adding at the end the following: The term of office of the Inspector General shall be 7 years. An individual may serve for more than 1 term in such office. Any individual appointed to fill a vacancy in such position, occurring before the expiration of the term for which his or her predecessor was appointed, shall be appointed for a full 7-year term. . Section 1004(b) of the Legislative Branch Appropriations Act, 2006 ( 2 U.S.C. 1909(b) ), as amended by this section, is amended by adding at the end the following: The term of office of the Inspector General shall be 7 years. An individual may serve for more than 1 term in such office. Any individual appointed to fill a vacancy in such position, occurring before the expiration of the term for which his or her predecessor was appointed, shall be appointed for a full 7-year term. . Section 1301(c) of the Architect of the Capitol Inspector General Act of 2007 ( 2 U.S.C. 1808(c) ), as amended by this section, is amended by adding at the end the following: In the event of a vacancy in the position of Inspector General, the provisions of section 3(h) of the Inspector General Act of 1978 (5 U.S.C. App.) shall apply as if the Inspector General were an Inspector General of an establishment (as defined in section 12 of such Act (5 U.S.C. App.)). . Section 1307(c) of the Library of Congress Inspector General Act of 2005 ( 2 U.S.C. 185(c) ), as amended by this section, is amended by adding at the end the following: The term of office of the Inspector General shall be 7 years. An individual may serve for more than 1 term in such office. Any individual appointed to fill a vacancy in such position, occurring before the expiration of the term for which his or her predecessor was appointed, shall be appointed for a full 7-year term. . Section 3902 of title 44, United States Code, as amended by this section, is amended by adding at the end the following: The term of office of the Inspector General shall be 7 years. An individual may serve for more than 1 term in such office. Any individual appointed to fill a vacancy in such position, occurring before the expiration of the term for which his or her predecessor was appointed, shall be appointed for a full 7-year term. . Section 1229(c) of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 122 Stat. 379), as amended by this section, is amended by adding at the end the following: The term of office of the Inspector General shall be 7 years. An individual may serve for more than 1 term in such office. Any individual appointed to fill a vacancy in such position, occurring before the expiration of the term for which his or her predecessor was appointed, shall be appointed for a full 7-year term. . Section 121(b) of the Emergency Economic Stabilization Act of 2008 ( 12 U.S.C. 5231(b) ), as amended by this section, is amended by adding at the end the following: The term of office of the Special Inspector General shall be 7 years. An individual may serve for more than 1 term in such office. Any individual appointed to fill a vacancy in such position, occurring before the expiration of the term for which his or her predecessor was appointed, shall be appointed for a full 7-year term. . The amendments made by this subsection shall apply to an Inspector General of the Intelligence Community, an Inspector General of the Central Intelligence Agency, an Inspector General of the Government Accountability Office, an Inspector General for the United States Capitol Police, an Inspector General of the Architect of the Capitol, an Inspector General of the Library of Congress, an Inspector General of the Government Publishing Office, a Special Inspector General for Afghanistan Reconstruction, a Special Inspector General for the Troubled Asset Relief Plan, and an Inspector General of an establishment or a designated Federal entity, as defined in sections 12 and 8G(a) of the Inspector General Act of 1978 (5 U.S.C. App.), respectively, appointed before, on, or after the date of enactment of this Act. The term of office of an Inspector General described in subparagraph

(A)serving on the date of enactment of this Act is deemed to begin on such date of enactment. Nothing in this section shall be construed to supersede or otherwise affect any protection for an Inspector General against an adverse job action that is in existence as of the date of enactment of this Act.

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