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5 U.S.C. § 403 — Appointments

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 403 — Appointments

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Stable record: federal_law:legal_authorities:record_usc_ad9258b44dada9dc62910ad6
Source file: Laws/federal/codes/united-states-code/title-5/section-403-appointments--bc996560f2.md
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Source location: Title 5, Chapter 4, § 403; chapter-004-inspectors-general.md

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**(a) In General.—** There shall be at the head of each Office an Inspector General who shall be appointed by the President, by and with the advice and consent of the Senate, without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. Each Inspector General shall report to and be under the general supervision of the head of the establishment involved or, to the extent such authority is delegated, the officer next in rank below such head, but shall not report to, or be subject to supervision by, any other officer of the establishment. Neither the head of the establishment nor the officer next in rank below the head shall prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation, or from issuing any subpoena during the course of any audit or investigation. **(b) Removal or Transfer.—** 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 reasons for any such removal or transfer to both Houses of Congress, 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. **(c) Not Employee Determining Policy.—** For the purposes of [section 7324 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7324&num=0&edition=prelim), an Inspector General shall not be considered to be an employee who determines policies to be pursued by the United States in the nationwide administration of Federal laws. **(d) Assistant Inspectors General and Whistleblower Protection Coordinator.—** (1) **In general.—** — Each Inspector General shall, in accordance with applicable laws and regulations governing the civil service— (A) appoint an Assistant Inspector General for Auditing who shall have the responsibility for supervising the performance of auditing activities relating to programs and operations of the establishment; (B) appoint an Assistant Inspector General for Investigations who shall have the responsibility for supervising the performance of investigative activities relating to such programs and operations; and (C) designate a Whistleblower Protection Coordinator who shall— (i) educate agency employees— (I) about prohibitions against retaliation for protected disclosures; and (II) who have made or are contemplating making a protected disclosure about the rights and remedies against retaliation for protected disclosures, including— (aa) the means by which employees may seek review of any allegation of reprisal, including the roles of the Office of the Inspector General, the Office of Special Counsel, the Merit Systems Protection Board, and any other relevant entities; and (bb) general information about the timeliness of such cases, the availability of any alternative dispute mechanisms, and avenues for potential relief; (ii) assist the Inspector General in promoting the timely and appropriate handling and consideration of protected disclosures and allegations of reprisal, to the extent practicable, by the Inspector General; and (iii) assist the Inspector General in facilitating communication and coordination with the Special Counsel, the Council of the Inspectors General on Integrity and Efficiency, the establishment, Congress, and any other relevant entity regarding the timely and appropriate handling and consideration of protected disclosures, allegations of reprisal, and general matters regarding the implementation and administration of whistleblower protection laws, rules, and regulations. (2) **Whistleblower protection coordinator not to act as legal representative, agent, or advocate.—** — The Whistleblower Protection Coordinator shall not act as a legal representative, agent, or advocate of the employee or former employee. (3) **Whistleblower protection coordinator access to inspector general.—** — The Whistleblower Protection Coordinator shall have direct access to the Inspector General as needed to accomplish the requirements of this subsection. (4) **Whistleblower protection coordinator exception for intelligence activity.—** — For the purposes of this section, the requirement of the designation of a Whistleblower Protection Coordinator under paragraph (1)(C) shall not apply to— (A) any agency that is an element of the intelligence community (as defined in section 3(4) of the National Security Act of 1947 ([50 U.S.C. 3003(4)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3003/4&num=0&edition=prelim))); or (B) as determined by the President, any executive agency or unit thereof the principal function of which is the conduct of foreign intelligence or counter intelligence activities. **(e) Rate of Pay.—** The annual rate of basic pay for an Inspector General (as defined under [section 401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section401&num=0&edition=prelim)) shall be the rate payable for level III of the Executive Schedule under [section 5314 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5314&num=0&edition=prelim), plus 3 percent. **(f) Prohibition on Cash Awards.—** An Inspector General (as defined under section 401 or 415(a) of this title) may not receive any cash award or cash bonus, including any cash award under chapter 45 of this title. **(g) Legal Advice.—** Each Inspector General shall, in accordance with applicable laws and regulations governing the civil service, obtain legal advice from a counsel either reporting directly to the Inspector General or another Inspector General.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5314 — Positions at level III

Level III of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 101 — Executive departments

The Executive departments are:

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 401 — Definitions

In this chapter: (1) **Establishment.—** — The term “establishment” means the Department of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Housing and Urban Development, the Interior, Justice, Labor, State, Transportation, Homeland Security, the Treasury, or Veterans Affairs; the Agency for International Development, the Community Development Financial Institutions Fund, the Environmental Protection Agency, the Federal Communications Commission, the Federal Emergency Management Agency, the General Services Administration, the National Aeronautics and Space Administration, the Nuclear Regulatory Commission, the Office of Personnel Management, the Railroad Retirement Board, the Federal Deposit Insurance Corporation, the Small Business Administration, the Corporation for National and Community Service, the Social Security Administration, the Federal Housing Finance Agency, the Tennessee Valley Authority, the Export-Import Bank of the United States, the Commissions established under [section 15301 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section15301&num=0&edition=prelim), the National Security Agency, or the National Reconnaissance Office, as the case may be. (2) **Federal agency.—** — The term “Federal agency” means an agency as defined in [section 552(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/f&num=0&edition=prelim) (including an establishment as defined in paragraph (1)), but shall not be construed to include the Government Accountability Office. (3) **Head of the establishment.—** — The term “head of the establishment” means the Secretary of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Housing and Urban Devel

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 7324 — Political activities on duty; prohibition

**(a)** An employee may not engage in political activity— (1) while the employee is on duty; (2) in any room or building occupied in the discharge of official duties by an individual employed or holding office in the Government of the United States or any agency or instrumentality thereof; (3) while wearing a uniform or official insignia identifying the office or position of the employee; or (4) using any vehicle owned or leased by the Government of the United States or any agency or instrumentality thereof. **(b)** (1) An employee described in paragraph (2) of this subsection may engage in political activity otherwise prohibited by subsection (a) if the costs associated with that political activity are not paid for by money derived from the Treasury of the United States. (2) Paragraph (1) applies to an employee— (A) the duties and responsibilities of whose position continue outside normal duty hours and while away from the normal duty post; and (B) who is— (i) an employee paid from an appropriation for the Executive Office of the President; or (ii) an employee appointed by the President, by and with the advice and consent of the Senate, whose position is located within the United States, who determines policies to be pursued by the United States in relations with foreign powers or in the nationwide administration of Federal laws.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3346 — Time limitation

**(a)** Except in the case of a vacancy caused by sickness, the person serving as an acting officer as described under section 3345 may serve in the office— (1) for no longer than 210 days beginning on the date the vacancy occurs; or (2) subject to subsection (b), once a first or second nomination for the office is submitted to the Senate, from the date of such nomination for the period that the nomination is pending in the Senate. **(b)** (1) If the first nomination for the office is rejected by the Senate, withdrawn, or returned to the President by the Senate, the person may continue to serve as the acting officer for no more than 210 days after the date of such rejection, withdrawal, or return. (2) Notwithstanding paragraph (1), if a second nomination for the office is submitted to the Senate after the rejection, withdrawal, or return of the first nomination, the person serving as the acting officer may continue to serve— (A) until the second nomination is confirmed; or (B) for no more than 210 days after the second nomination is rejected, withdrawn, or returned. **(c)** If a vacancy occurs during an adjournment of the Congress sine die, the 210-day period under subsection (a) shall begin on the date that the Senate first reconvenes.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 141 — Inspector General

**(a)** There is an Inspector General of the Department of Defense, who is appointed as provided in [section 403 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section403&num=0&edition=prelim). **(b)** The Inspector General performs the duties, has the responsibilities, and exercises the powers specified in chapter 4 of title 5.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 406 — Authority of Inspector General

**(a) In General.—** In addition to the authority otherwise provided by this chapter, each Inspector General, in carrying out the provisions of this chapter, is authorized— (1) (A) to have timely access to all records, reports, audits, reviews, documents, papers, recommendations, or other materials available to the applicable establishment which relate to the programs and operations with respect to which that Inspector General has responsibilities under this chapter; (B) to have access under subparagraph (A) notwithstanding any other provision of law, except pursuant to any provision of law enacted by Congress that expressly— (i) refers to the Inspector General; and (ii) limits the right of access of the Inspector General; and (C) except as provided in subsection (i), with regard to Federal grand jury materials protected from disclosure pursuant to rule 6(e) of the Federal Rules of Criminal Procedure, to have timely access to such information if the Attorney General grants the request in accordance with subsection (h); (2) to make such investigations and reports relating to the administration of the programs and operations of the applicable establishment as are, in the judgment of the Inspector General, necessary or desirable; (3) to request such information or assistance as may be necessary for carrying out the duties and responsibilities provided by this chapter from any Federal, State, or local governmental agency or unit thereof; (4) to require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and other data in any medium (including electronically stored information), as well as any tangible thing and documentary evidence necessary in the performance of the functions assigned by this chapter

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 423 — Pay of Inspectors General

**(a) Certain Inspectors General.—** (1) **In general.—** — Notwithstanding any other provision of law, the annual rate of basic pay of the Inspector General of the Intelligence Community, the Inspector General of the Central Intelligence Agency, and the Special Inspector General for Afghanistan Reconstruction shall be that of an Inspector General as defined under [section 401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section401&num=0&edition=prelim). (2) **Prohibition of cash bonus or awards.—** — [Section 403(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section403/f&num=0&edition=prelim) shall apply to the Inspectors General described under paragraph (1). **(b) Inspectors General of Designated Federal Entities.—** Notwithstanding any other provision of law, the Inspector General of each designated Federal entity (as those terms are defined under [section 415(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section415/a&num=0&edition=prelim)) shall, for pay and all other purposes, be classified at a grade, level, or rank designation, as the case may be, at or above those of a majority of the senior level executives of that designated Federal entity (such as a General Counsel, Chief Information Officer, Chief Financial Officer, Chief Human Capital Officer, or Chief Acquisition Officer). The pay of an Inspector General of a designated Federal entity (as those terms are defined under [section 415(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section415/a&num=0&edition=prelim)) shall be not less than the average total compensation (including bonuses) of the senior level executives of that designated Federal entity

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3035 — Inspector General of the Intelligence Community

**(a) Office of Inspector General of the Intelligence Community** There is within the Office of the Director of National Intelligence an Office of the Inspector General of the Intelligence Community. **(b) Purpose** The purpose of the Office of the Inspector General of the Intelligence Community is— (1) to create an objective and effective office, appropriately accountable to Congress, to initiate and conduct independent investigations, inspections, audits, and reviews on programs and activities within the responsibility and authority of the Director of National Intelligence; (2) to provide leadership and coordination and recommend policies for activities designed— (A) to promote economy, efficiency, and effectiveness in the administration and implementation of such programs and activities; and (B) to prevent and detect fraud and abuse in such programs and activities; (3) to provide a means for keeping the Director of National Intelligence fully and currently informed about— (A) problems and deficiencies relating to the administration of programs and activities within the responsibility and authority of the Director of National Intelligence; and (B) the necessity for, and the progress of, corrective actions; and (4) in the manner prescribed by this section, to ensure that the congressional intelligence committees are kept similarly informed of— (A) significant problems and deficiencies relating to programs and activities within the responsibility and authority of the Director of National Intelligence; and (B) the necessity for, and the progress of, corrective actions. **(c) Inspector General of the Intelligence Community** (1) There is an Inspector General of the Intelligence Community, who shall be the head of the Office of the Inspector Genera

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3045 — Director of the National Reconnaissance Office

**(a) In general** There is a Director of the National Reconnaissance Office. **(b) Appointment** The Director of the National Reconnaissance Office shall be appointed by the President, by and with the advice and consent of the Senate. **(c) Functions and duties** The Director of the National Reconnaissance Office shall be the head of the National Reconnaissance Office and shall discharge such functions and duties as are provided by this chapter or otherwise by law or executive order. **(d) Advisory Board** (1) **Establishment** — There is established in the National Reconnaissance Office an advisory board (in this section referred to as the “Board”). (2) **Duties** — The Board shall— (A) study matters relating to the mission of the National Reconnaissance Office, including with respect to promoting innovation, competition, and resilience in space, overhead reconnaissance, acquisition, and other matters; and (B) advise and report directly to the Director with respect to such matters. (3) **Members** (A) *Number and appointment* (i) *In general* — The Board shall be composed of up to 8 members appointed by the Director, in consultation with the Director of National Intelligence and the Secretary of Defense, from among individuals with demonstrated academic, government, business, or other expertise relevant to the mission and functions of the National Reconnaissance Office, and who do not present any actual or potential conflict of interest. (ii) *Membership structure* — The Director shall ensure that no more than 2 concurrently serving members of the Board qualify for membership on the Board based predominantly on a single qualification set forth under clause (i). (iii) *Notification* — Not later than 30 days after the date on which the Dire

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