Inspector General Protection Act (H.R. 23; 117th Congress)

by Thomas Massie

117th CONGRESS
1st Session

H.R. 23

IN THE SENATE OF THE UNITED STATES

January 6, 2021

Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs

AN ACT

To require congressional notification for certain changes in status of inspectors general, and for other purposes.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the “Inspector General Protection Act”.

SEC. 2. CONGRESSIONAL NOTIFICATION OF CHANGE IN STATUS OF INSPECTOR GENERAL.

(a) Change In Status Of Inspector General Of Offices.—Section 3(b) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1) by inserting “, is placed on paid or unpaid non-duty status,” after “is removed from office”;

(2) by inserting “, change in status,” after “any such removal”; and

(3) by inserting “, change in status,” after “before the removal”.

(b) Change In Status Of Inspector General Of Designated Federal Entities.—Section 8G(e)(2) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1) by inserting “, is placed on paid or unpaid non-duty status,” after “office”;

(2) by inserting “, change in status,” after “any such removal”; and

(3) by inserting “, change in status,” after “before the removal”.

(c) Effective Date.—The amendments made by this section shall take effect 30 days after the date of the enactment of this Act.

SEC. 3. PRESIDENTIAL EXPLANATION OF FAILURE TO NOMINATE AN INSPECTOR GENERAL.

(a) In General.—Subchapter III of chapter 33 of title 5, United States Code, is amended by inserting after section 3349d the following new section:

Ҥ 3349e. Presidential explanation of failure to nominate an Inspector General

“If the President fails to make a formal nomination for a vacant Inspector General position that requires a formal nomination by the President to be filled within the period beginning on the date on which the vacancy occurred and ending on the day that is 210 days after that date, the President shall communicate, within 30 days after the end of such period, to Congress in writing—

“(1) the reasons why the President has not yet made a formal nomination; and

“(2) a target date for making a formal nomination.”.

(b) Clerical Amendment.—The table of sections for chapter 33 of title 5, United States Code, is amended by inserting after the item relating to 3349d the following new item:

“3349e. Presidential explanation of failure to nominate an Inspector General.”.

(c) Effective Date.—The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to any vacancy first occurring on or after that date.

SEC. 4. DETERMINATION OF BUDGETARY EFFECTS.

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.