Sec. 3. Vacancy in position of Inspector General
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Section 3 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: In this subsection— the term first assistant to the position of Inspector General means, with respect to an Office of Inspector General— an individual who, 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— is serving in a position in that Office; and has been designated in writing by the Inspector General, through an order or succession or otherwise, as the first assistant to the position of Inspector General; or if the Inspector General has not made a designation described in clause (i)(II)— 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 position; or 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 the term Inspector General — means an Inspector General who is appointed by the President, by and with the advice and consent of the Senate; and includes the Inspector General of an establishment, the Inspector General of the Intelligence Community, the Inspector General of the Central Intelligence Agency, the Special Inspector General for the Troubled Asset Relief Program, and the Special Inspector General for Pandemic Recovery.
If an Inspector General dies, resigns, or is otherwise unable to perform the functions and duties of the position— section 3345(a) of title 5, United States Code, and section 3025(e) of title 50, United States Code, shall not apply; subject to paragraph (4), the first assistant to the position of Inspector General 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; and 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 temporarily in an acting capacity subject to the time limitations of section 3346 of title 5, United States Code, only if— during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the Inspector General, the officer or employee served in a position in an Office of an Inspector General for not less than 90 days, except that— the requirement under this clause shall not apply if the officer is an Inspector General; and for the purposes of this subparagraph, 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; 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 General Schedule; the officer or employee has demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations; and not later than 30 days before the date on which the direction takes effect, the President communicates in writing to both Houses of Congress 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 President issues that direction) perform those functions and duties temporarily in an acting capacity. Notwithstanding section 3345(a) of title 5, United States Code, section 3025(e) of title 50, 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— the first assistant to the position of Inspector 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 if the first assistant described in subparagraph
(A)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 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— that direction satisfies the requirements under clauses (ii), (iii), and
(iv)of paragraph (2)(C); and that officer or employee served in a position 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. An individual may perform the functions and duties 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. If the President makes a direction under paragraph (2)(C), during the 30-day period preceding the date on which the direction of the President takes effect, the functions and duties of the position of the applicable Inspector General shall be performed by— the first assistant to the position of Inspector General; or 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. . Nothing in the amendment made by subsection
(a)may be construed to limit the applicability of sections 3345 through 3349d of title 5, United States Code (commonly known as the Federal Vacancies Reform Act of 1998 ), other than with respect to section 3345(a) of that title. In this subsection, the term Inspector General has the meaning given the term in subsection (h)(1)(B) of section 3 of the Inspector General Act of 1978 (5 U.S.C. App.), as added by subsection
(a)of this section. Except as provided in subparagraph (B), this section, and the amendments made by this section, shall take effect on the date of enactment of this Act. If, as of the date of enactment of this Act, an individual is performing the functions and duties of an Inspector General temporarily in an acting capacity, this section, and the amendments made by this section, shall take effect with respect to that Inspector General position on the date that is 30 days after the date of enactment of this Act.