July 22, 2025
Mr. Cohen introduced the following bill; which was referred to the Committee on Oversight and Government Reform
To amend title 5, United States Code, to require a judge on the appropriate court of appeals of the United States to appoint certain acting Inspectors General in the event of a vacancy, and for other purposes.
Section 1. Short title
This Act may be cited as the Independent Acting IGs Act of 2025
.
Sec. 2. Vacancy of Inspector General positions
(a) Amendments
Section 403(h) of title 5, United States Code, is amended—
(1)
in paragraph (1)(A)—
(A)
in clause (i)(I), by inserting for at least 180 of the proceeding 365 days
after that Office
; and
(B)
in clause (ii)—
(i)
in subclause (I), by inserting if the Principal Deputy Inspector General of that Office has been serving in that position for at least 180 of the proceeding 365 days
after of that position
; and
(ii)
in subclause (II), by inserting if the Deputy Inspector General of that Office has been serving in that position for at least 180 of the proceeding 365 days
after of that position
;
(2)
in paragraph (2), by striking subparagraph (C) and inserting the following:
(C)
if an Inspector General position that requires appointment by the President by and with the advice and consent of the Senate to be filled is vacant, the first assistant to the position of Inspector General shall serve as the acting Inspector General; and
(D)
if the first assistant to the position of Inspector General is vacant or the first assistant to the position of Inspector General is unable or unavailable or declines to serve as acting Inspector General, an individual shall be appointed in accordance with paragraph (5) to serve as acting Inspector General.; and
(3)
by striking paragraph (5) and inserting the following:
(5)
The process by which an individual shall be appointed pursuant to paragraph (2)(D) as the individual 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 (in this paragraph referred to as the
acting Inspector General), is as follows:(A)
A judge, selected at random from the court of appeals for the circuit within which the headquarters of the Office of the Inspector General is located by the chief judge of such court of appeals, shall appoint the acting Inspector General in accordance with subparagraph (D).
(B)
Not later than 14 days after the date on which an Inspector General position becomes vacant as a result of vacancy in the first assistant position as described in paragraph (2)(D), the Chairperson of the Council of the Inspectors General on Integrity and Efficiency shall convene a committee of 3 Inspectors General who are members of the Chairperson of the Council of the Inspectors General on Integrity and Efficiency, and the committee shall recommend to the judge selected under subparagraph (A) to appoint the acting Inspector General not fewer than 2 candidates to serve as the acting Inspector General.
(C)
Not later than 14 days after the date on which the committee is convened under subparagraph (B), the committee shall submit a list of the recommended candidates to the judge selected under subparagraph (A).
(D)
Not later than 14 days after the date on which the judge receives the list of the recommended candidates, the judge shall appoint the acting Inspector General.
(E)
The judge has the sole authority to appoint an individual to carry out the duties of the relevant office until the vacancy is filled.
(b) Authorization
Notwithstanding section 3347 of title 5, United States Code, in the event of a vacancy for a position of Inspector General, section 403(h) of such title, as amended by this Act, shall apply.
(c) Technical amendment
(1) In general
Section 3(a)(2)(C) of H.R. 7326, as passed by the House of Representatives on December 3, 2024, shall have the force and effect of law.
(2) Effective date
This subsection shall take effect before the amendments made by subsection (a).