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

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

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

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Stable record: federal_law:legal_authorities:record_usc_d3b56ea7cb83e5133d2cd642
Source file: Laws/federal/codes/united-states-code/title-5/section-423-pay-of-inspectors-general--60a9b1e64e.md
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Source location: Title 5, Chapter 4, § 423; chapter-004-inspectors-general.md

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**(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 calculated on an annual basis. **(c) Savings Provision for Newly Appointed Inspectors General.—** (1) **In general.—** — The provisions of [section 3392 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3392&num=0&edition=prelim), other than the terms “performance awards” and “awarding of ranks” in subsection (c)(1) of that section, shall apply to career appointees of the Senior Executive Service who are appointed to the position of Inspector General. (2) **Nonreduction in pay.—** — Notwithstanding any other provision of law, career Federal employees serving on an appointment made pursuant to statutory authority found other than in [section 3392 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3392&num=0&edition=prelim) shall not suffer a reduction in pay, not including any bonus or performance award, as a result of being appointed to the position of Inspector General.

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

42 U.S.C. § 12651e — Authorities and duties of the Chief Executive Officer

**(a) General powers and duties** The Chief Executive Officer shall be responsible for the exercise of the powers and the discharge of the duties of the Corporation that are not reserved to the Board, and shall have authority and control over all personnel of the Corporation, except as provided in [section 414 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section414&num=0&edition=prelim). **(b) Duties** In addition to the duties conferred on the Chief Executive Officer under any other provision of the national service laws, the Chief Executive Officer, in collaboration with the State Commissions, shall— (1) prepare and submit to the Board a strategic plan, including a plan for having 50 percent of all approved national service positions be full-time positions by 2012, every 3 years, and annual updates of the plan, for the Corporation with respect to the major functions and operations of the Corporation; (2) (A) prepare and submit to the Board a proposal with respect to such grants and allotments, contracts, other financial assistance, and designation of positions as approved national service positions, as are necessary or appropriate to carry out the national service laws; and (B) after receiving and reviewing an approved proposal under [section 12651b(g)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12651b/g/2&num=0&edition=prelim), make such grants and allotments, enter into such contracts, award such other financial assistance, make such payments (in lump sum or installments, and in advance or by way of reimbursement, and in the case of financial assistance otherwise authorized under the national service laws, with necessary adjustments on account of overpayments and underpayme

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

5 U.S.C. § 5315 — Positions at level IV

Level IV 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. § 403 — Appointments

**(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 St

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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. § 3392 — General appointment provisions

**(a)** Qualification standards shall be established by the head of each agency for each Senior Executive Service position in the agency— (1) in accordance with requirements established by the Office of Personnel Management, with respect to standards for career reserved positions, and (2) after consultation with the Office, with respect to standards for general positions. **(b)** Not more than 30 percent of the Senior Executive Service positions authorized under [section 3133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3133&num=0&edition=prelim) may at any time be filled by individuals who did not have 5 years of current continuous service in the civil service immediately preceding their initial appointment to the Senior Executive Service, unless the President certifies to the Congress that the limitation would hinder the efficiency of the Government. In applying the preceding sentence, any break in service of 3 days or less shall be disregarded. **(c)** (1) If a career appointee is appointed by the President, by and with the advice and consent of the Senate, to a civilian position in the executive branch which is not in the Senior Executive Service, and the rate of basic pay payable for which is equal to or greater than the rate payable for level V of the Executive Schedule, the career appointee may elect (at such time and in such manner as the Office may prescribe) to continue to have the provisions of this title relating to basic pay, performance awards, awarding of ranks, severance pay, leave, and retirement apply as if the career appointee remained in the Senior Executive Service position from which he was appointed. Such provisions shall apply in lieu of the provisions which would otherwise apply— (A) to the ex

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

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

Page 88 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 423 The Social Security Independence and Program Im- provements Act of 1994, referred to in subsec. (a)(1)(W), is Pub. L. 103–296, Aug. 15, 1995, 108 Stat. 1464. Section 105(a)(2) of the Act is set out as a note under section 901 of Title 42, The Public Health and Welfare. For com- plete classification of this Act to the Code, see Short Title of 1994 Amendment note set out under section 1305 of Title 42 and Tables. Statutory Notes and Related Subsidiaries ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality. TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, includ- ing the functions of the Secre

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