[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4465 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 4465
To amend chapters 4, 10, and 131 of title 5, United States Code, as
necessary to keep those chapters current and to correct related
technical errors.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 16, 2025
Mr. Schmidt introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend chapters 4, 10, and 131 of title 5, United States Code, as
necessary to keep those chapters current and to correct related
technical errors.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
Sec. 2. Purpose; effect on existing law.
Sec. 3. Amendments to chapters 4, 10, and 131 of title 5, United States
Code.
Sec. 4. Subsequent amendments.
Sec. 5. Conforming amendments.
Sec. 6. Transitional and savings provisions.
SEC. 2. PURPOSE; EFFECT ON EXISTING LAW.
(a) Purpose.--The purpose of this Act is to amend chapters 4, 10,
and 131 of title 5, United States Code, as necessary--
(1) to keep those chapters current by incorporating laws
enacted after October 19, 2021, that are deemed to amend or
repeal provisions of those chapters pursuant to section 5 of
Public Law 117-286 (136 Stat. 4360); and
(2) to correct related technical errors.
(b) Effect on Existing Law.--The amendments made by this Act do not
change the meaning or effect of the existing law. The amendments only
incorporate laws as described in subsection (a) to reflect existing law
in chapters 4, 10, and 131 of title 5, United States Code, and correct
related technical errors.
SEC. 3. AMENDMENTS TO CHAPTERS 4, 10, AND 131 OF TITLE 5, UNITED STATES
CODE.
(a) Chapter 4 of Title 5, United States Code.--
(1) Section 401.--
(A) Section 401 of title 5, United States Code, is
amended--
(i) by redesignating paragraphs (1), (2),
(3), (4), and (5) as paragraphs (2), (3), (4),
(5), and (6), respectively; and
(ii) by inserting before paragraph (2), as
redesignated, the following new paragraph (1):
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
``(B) the Committee on Oversight and Accountability
of the House of Representatives; and
``(C) any other relevant congressional committee or
subcommittee of jurisdiction.''.
(B) Section 401(5) of title 5, United States Code,
as redesignated by subparagraph (A), is amended to read
as follows:
``(5) Inspector general.--Except as otherwise expressly
provided, the term `Inspector General' means the Inspector
General of an establishment.''.
(2) Section 403.--
(A) Section 403(b) of title 5, United States Code,
is amended to read as follows:
``(b) Removal or Transfer.--
``(1) Authority of president; written communication.--
``(A) In general.--An Inspector General may be
removed from office by the President. If an Inspector
General is removed from office or is transferred to
another position or location within an establishment,
the President shall communicate in writing the
substantive rationale, including detailed and case-
specific reasons, for any such removal or transfer to
both Houses of Congress (including to the appropriate
congressional committees), not later than 30 days
before the removal or transfer. Nothing in this
subsection shall prohibit a personnel action otherwise
authorized by law, other than transfer or removal.
``(B) Written communication requirements in case of
open or completed inquiry.--If there is an open or
completed inquiry into an Inspector General that
relates to the removal or transfer of the Inspector
General under subparagraph (A), the written
communication required under that subparagraph shall--
``(i) identify each entity that is
conducting, or that conducted, the inquiry; and
``(ii) in the case of a completed inquiry,
contain the findings made during the inquiry.
``(2) Placement on non-duty status.--
``(A) Definition of inspector general; certain
references.--In this paragraph:
``(i) Inspector general.--The term
`Inspector General'--
``(I) means an Inspector General
who was appointed by the President,
without regard to whether the Senate
provided advice and consent with
respect to that appointment; and
``(II) includes the Inspector
General of an establishment, the
Special Inspector General for
Afghanistan Reconstruction, the Special
Inspector General for the Troubled
Asset Relief Program, and the Special
Inspector General for Pandemic
Recovery.
``(ii) Certain references relating to
removal or transfer.--A reference to the
removal or transfer of an Inspector General
under paragraph (1), or to the written
communication described in that paragraph,
shall be considered to be--
``(I) in the case of the Special
Inspector General for Afghanistan
Reconstruction, a reference to section
1229(c)(6) of the National Defense
Authorization Act for Fiscal Year 2008
(Public Law 110-181, 5 U.S.C. 415
note);
``(II) in the case of the Special
Inspector General for the Troubled
Asset Relief Program, a reference to
section 121(b)(4) of the Emergency
Economic Stabilization Act of 2008 (12
U.S.C. 5231(b)(4)); and
``(III) in the case of the Special
Inspector General for Pandemic
Recovery, a reference to section
4018(b)(3) of the Coronavirus Economic
Stabilization Act of 2020 (15 U.S.C.
9053(b)(3)).
``(B) Authority of president.--Subject to the other
provisions of this paragraph, only the President may
place an Inspector General on non-duty status.
``(C) Written communication.--If the President
places an Inspector General on non-duty status, the
President shall communicate in writing the substantive
rationale, including detailed and case-specific
reasons, for the change in status to both Houses of
Congress (including to the appropriate congressional
committees) not later than 15 days before the date on
which the change in status takes effect, except that
the President may submit that communication not later
than the date on which the change in status takes
effect if--
``(i) the President has made a
determination that the continued 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 this title;
and
``(ii) in the communication, the President
includes a report on the determination
described in clause (i), which shall include--
``(I) a specification of which
clause of section 6329b(b)(2)(A) of
this title the President has determined
applies under clause (i) of this
subparagraph;
``(II) the substantive rationale,
including detailed and case-specific
reasons, for the determination made
under clause (i);
``(III) an identification of each
entity that is conducting, or that
conducted, any inquiry upon which the
determination under clause (i) was
made; and
``(IV) in the case of an inquiry
described in subclause (III) that is
completed, the findings made during
that inquiry.
``(D) Placing inspector general on non-duty status
during specified period before removal or transfer.--
The President may not place an Inspector General on
non-duty status during the 30-day period preceding the
date on which the Inspector General is removed or
transferred under paragraph (1)(A) unless the
President--
``(i) has made a determination that the
continued 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 this title; and
``(ii) not later than the date on which the
change in status takes effect, submits to both
Houses of Congress (including to the
appropriate congressional committees) a written
communication that contains the information
required under subparagraph (C), including the
report required under clause (ii) of that
subparagraph.''.
(B) Section 403(d)(1)(C) of title 5, United States
Code, is amended--
(i) in clause (i), in the matter before
subclause (I), by inserting ``, including
employees of that Office of Inspector General''
after ``employees''; and
(ii) in clause (iii), by inserting
``(including the Integrity Committee of that
Council)'' after ``and Efficiency''.
(C) Section 403 of title 5, United States Code, is
amended by adding at the end the following:
``(h) Vacancy in Position of Inspector General.--
``(1) Definitions.--In this subsection:
``(A) First assistant to the position of inspector
general.--The term `first assistant to the position of
Inspector General' means, with respect to an Office of
Inspector General--
``(i) 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--
``(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 position;
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.
``(B) Inspector general.--The term `Inspector
General'--
``(i) means an Inspector General who is
appointed 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
Special Inspector General for Pandemic
Recovery.
``(2) Death, resignation, or inability to perform
functions.--If an Inspector General dies, resigns, or is
otherwise unable to perform the functions and duties of the
position--
``(A) section 3345(a) of this title 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
temporarily in an acting capacity subject to the time
limitations of section 3346 of this title; 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 temporarily in an
acting capacity subject to the time limitations of
section 3346 of this title only if--
``(i) 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--
``(I) the requirement under this
clause shall not apply if the officer
is an Inspector General; and
``(II) 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;
``(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
General Schedule;
``(iii) the officer or employee has
demonstrated ability in accounting, auditing,
financial 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 Congress (including to the
appropriate congressional committees) the
substantive rationale, including the detailed
and case-specific reasons, for the 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.
``(3) Non-duty status.--Notwithstanding section 3345(a) of
this title, 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
In