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 Secretary of the Treasury re- lating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganiza- tion Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. ADDITIONAL PROVISIONS RELATED TO TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION Pub. L. 105–206, title I, § 1103(c)(2)–(4), July 22, 1998, 112 Stat. 708, provided that: ‘‘(2) TERMINATION OF OFFICE OF CHIEF INSPECTOR.—Ef- fective upon the transfer of functions under the amend- ment made by paragraph (1) [enacting subsec. (a)(1)(L)(ii) of former section 9 of Pub. L. 95–452, see subsec. (a)(1)(L)(ii) of this section], the Office of Chief Inspector of the Internal Revenue Service is termi- nated. ‘‘(3) RETENTION OF CERTAIN INTERNAL AUDIT PER- SONNEL.—In making the transfer under the amendment made by paragraph (1), the Commissioner of Internal Revenue shall designate and retain an appropriate number (not in excess of 300) of internal audit full-time equivalent employee positions necessary for manage- ment relating to the Internal Revenue Service. ‘‘(4) ADDITIONAL PERSONNEL TRANSFERS.—Effective 180 days after the date of the enactment of this Act [July 22, 1998], the Secretary of the Treasury shall transfer 21 full-time equivalent positions from the Of- fice of the Inspector General of the Department of the Treasury to the Office of the Treasury Inspector Gen- eral for Tax Administration.’’ CONTINUATION OF SERVICE OF CERTAIN INSPECTORS GENERAL Pub. L. 100–504, title I, § 102(e)(4), Oct. 18, 1988, 102 Stat. 2517, as amended by Pub. L. 117–286, § 4(b)(19), Dec. 27, 2022, 136 Stat. 4345, provided that: ‘‘Any individual who, on the date of enactment of this Act [Oct. 18, 1988], is serving as the Inspector General of the Depart- ment of Energy, the Department of Health and Human Services, or the Railroad Retirement Board, shall con- tinue to serve in such position until such individual dies, resigns, or is removed from office in accordance with section 403(b) of title 5, United States Code.’’ TRANSFER OF AUDIT PERSONNEL TO INSPECTOR GENERAL, DEPARTMENT OF DEFENSE Pub. L. 97–252, title XI, § 1117(e), Sept. 8, 1982, 96 Stat. 753, provided that: ‘‘In addition to the positions trans- ferred to the Office of the Inspector General of the De- partment of Defense, pursuant to the amendments made by subsection (a) of this section [see Tables for classification], the Secretary of Defense shall transfer to the Office of Inspector General of the Department of Defense not less than one hundred additional audit po- sitions. The Inspector General of the Department of De- fense shall fill such positions with persons trained to perform contract audits.’’ § 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 Cen- tral Intelligence Agency, and the Special In- spector General for Afghanistan Reconstruc- tion shall be that of an Inspector General as defined under section 401 of this title. (2) PROHIBITION OF CASH BONUS OR AWARDS.— Section 403(f) of this title shall apply to the Inspectors General described under paragraph (1). (b) INSPECTORS GENERAL OF DESIGNATED FED- ERAL ENTITIES.—Notwithstanding any other pro- vision of law, the Inspector General of each des- ignated Federal entity (as those terms are de- fined under section 415(a) of this title) 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 Fed- eral entity (such as a General Counsel, Chief In- formation Officer, Chief Financial Officer, Chief Human Capital Officer, or Chief Acquisition Of- ficer). The pay of an Inspector General of a des- ignated Federal entity (as those terms are de- fined under section 415(a) of this title) shall be not less than the average total compensation (including bonuses) of the senior level execu- tives of that designated Federal entity cal- culated on an annual basis. (c) SAVINGS PROVISION FOR NEWLY APPOINTED INSPECTORS GENERAL.— (1) IN GENERAL.—The provisions of section 3392 of this title, other than the terms ‘‘per- formance 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 em- ployees serving on an appointment made pur- suant to statutory authority found other than in section 3392 of this title shall not suffer a reduction in pay, not including any bonus or performance award, as a result of being ap- pointed to the position of Inspector General. (Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat. 4255.) Page 89 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 424 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 423(a) ......... 5 U.S.C. App. (IGA § 3) note Pub. L. 110–409, § 4(a)(3), Oct. 14, 2008, 122 Stat. 4303; Pub. L. 111–259, title IV, § 405(b), Oct. 7, 2010, 124 Stat. 2719. 423(b) ......... 5 U.S.C. App. (IGA § 3) note Pub. L. 110–409, § 4(b)(1), Oct. 14, 2008, 122 Stat. 4303. 423(c) ......... 5 U.S.C. App. (IGA § 3) note Pub. L. 110–409, § 4(c), Oct. 14, 2008, 122 Stat. 4303. In subsection (a)(1), the words ‘‘the Special Inspector General for Iraq Reconstruction’’ are omitted as obso- lete. The Special Inspector General for Iraq Recon- struction was established as a temporary oversight en- tity and ceased operations on September 30, 2013. In the document ‘‘Final Listing of Audit and Other Reports Issued by SIGIR on Reconstruction Spending in Iraq’’ (78 FR 58596), see the statement by the Special Inspec- tor General for Iraq Reconstruction in the paragraph headed ‘‘Location of SIGIR Records After Closure’’. Statutory Notes and Related Subsidiaries PAY OF INSPECTORS GENERAL Pub. L. 110–409, § 4(b)–(d), Oct. 14, 2008, 122 Stat. 4304, as amended by Pub. L. 117–286, §§ 4(b)(6), 7, Dec. 27, 2022, 136 Stat. 4343, 4361, provided that: ‘‘[(b), (c). Repealed. Pub. L. 117–286, § 7, Dec. 27, 2022, 136 Stat. 4361.] ‘‘(d) SAVINGS PROVISION.—Nothing in this section [amending former section 3 of Pub. L. 95–452 (see 5 U.S.C. 403), section 5315 of this title, and section 12651e of Title 42, The Public Health and Welfare, and enact- ing provisions formerly set out as a note under section 3 of Pub. L. 95–452 (see 5 U.S.C. 423(a))] shall have the effect of reducing the rate of pay of any individual serving on the date of enactment of this section [Oct. 14, 2008] as an Inspector General of— ‘‘(1) an establishment as defined under section 401 of title 5, United States Code; ‘‘(2) a designated Federal entity as defined under section 415(a) of title 5, United States Code; ‘‘(3) a legislative agency for which the position of Inspector General is established by statute; or ‘‘(4) any other entity of the Government for which the position of Inspector General is established by statute.’’ § 424. Establishment of the Council of the Inspec- tors General on Integrity and Efficiency (a) ESTABLISHMENT AND MISSION.— (1) ESTABLISHMENT.—There is established as an independent entity within the executive branch the Council of the Inspectors General on Integrity and Efficiency (in this section re- ferred to as the ‘‘Council’’). (2) MISSION.—The mission of the Council shall be to— (A) address integrity, economy, and effec- tiveness issues that transcend individual Government agencies; and (B) increase the professionalism and effec- tiveness of personnel by developing policies, standards, and approaches to aid in the es- tablishment of a well-trained and highly skilled workforce in the offices of the In- spectors General. (b) MEMBERSHIP.— (1) IN GENERAL.—The Council shall consist of the following members: (A) All Inspectors General whose offices are established under— (i) section 402 of this title; or (ii) section 415 of this title. (B) The Inspectors General of the Intel- ligence Community and the Central Intel- ligence Agency. (C) The Controller of the Office of Federal Financial Management. (D) A senior level official of the Federal Bureau of Investigation designated by the Director of the Federal Bureau of Investiga- tion. (E) The Director of the Office of Govern- ment Ethics. (F) The Special Counsel of the Office of Special Counsel. (G) The Deputy Director of the Office of Personnel Management. (H) The Deputy Director for Management of the Office of Management and Budget. (I) The Inspectors General of the Library of Congress, Capitol Police, Government Publishing Office, Government Account- ability Office, and the Architect of the Cap- itol. (2) CHAIRPERSON AND EXECUTIVE CHAIR- PERSON.— (A) EXECUTIVE CHAIRPERSON.—The Deputy Director for Management of the Office of Management and Budget shall be the Execu- tive Chairperson of the Council. (B) CHAIRPERSON.—The Council shall elect 1 of the Inspectors General referred to in paragraph (1)(A) or (B) to act as Chairperson of the Council. The term of office of the Chairperson shall be 2 years. (3) FUNCTIONS OF CHAIRPERSON AND EXECU- TIVE CHAIRPERSON.— (A) EXECUTIVE CHAIRPERSON.—The Execu- tive Chairperson shall— (i) preside over meetings of the Council; (ii) provide to the heads of agencies and entities represented on the Council sum- mary reports of the activities of the Coun- cil; and (iii) provide to the Council such informa- tion relating to the agencies and entities represented on the Council as assists the Council in performing its functions. (B) CHAIRPERSON.—The Chairperson shall— (i) convene meetings of the Council— (I) at least 6 times each year; (II) monthly to the extent possible; and (III) more frequently at the discretion of the Chairperson; (ii) carry out the functions and duties of the Council under subsection (c); (iii) appoint a Vice Chairperson to assist in carrying out the functions of the Coun- cil and act in the absence of the Chair- person, from a category of Inspectors Gen- eral described in subparagraph (A)(i), (A)(ii), or (B) of paragraph (1), other than the category from which the Chairperson was elected; (iv) make such payments from funds oth- erwise available to the Council as may be necessary to carry out the functions of the Council; (v) select, appoint, and employ personnel as needed to carry out the functions of the