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5 U.S.C. § 403 — Appointments

submitted 4 years ago by Pub. L. 117-286 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 832 words · no verdicts yet

in plain englishAI-generated · not legal advice

Each federal Inspector General is appointed by the President and confirmed by the Senate. The President can remove an Inspector General, but must tell Congress why in writing beforehand. Inspectors General get set pay, cannot receive cash bonuses, and must appoint auditors, investigators, and a whistleblower coordinator.

(a) In General. Each Office of Inspector General is headed by an Inspector General, appointed by the President with the Senate's advice and consent. The choice cannot be based on political affiliation — only on integrity and demonstrated skill in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. The Inspector General reports to, and is supervised by, the head of their agency, or whoever the head delegates that authority to — but no one else in the agency can supervise them. Neither the agency head nor that delegate can stop or block the Inspector General from starting, carrying out, or finishing any audit or investigation, or from issuing a subpoena during one.

(b) Removal or Transfer. The President can remove an Inspector General from office. If an Inspector General is removed or transferred to a different position or location, the President must explain the reasons in writing to both houses of Congress, at least 30 days before the removal or transfer happens. This does not block any other personnel action the law otherwise allows — only removal or transfer.

(c) Not an Employee Who Determines Policy. For purposes of section 7324 of this title, an Inspector General is not treated as an employee who sets nationwide federal policy.

(d) Assistant Inspectors General and Whistleblower Protection Coordinator. Following normal civil-service laws and rules, each Inspector General must appoint an Assistant Inspector General for Auditing, who oversees the office's audits of the agency's programs and operations, and an Assistant Inspector General for Investigations, who oversees its investigations. Each Inspector General must also designate a Whistleblower Protection Coordinator. That Coordinator must educate agency employees about protections against retaliation for protected disclosures, and — for employees who have made or are thinking about making a protected disclosure — explain their rights and remedies against retaliation. That includes explaining how to seek review of a retaliation claim (through the Office of Inspector General, the Office of Special Counsel, the Merit Systems Protection Board, or other relevant bodies), plus general information about how long such cases take, available dispute-resolution options, and possible relief. The Coordinator must also help the Inspector General handle disclosures and retaliation complaints promptly and appropriately, and help coordinate with the Special Counsel, the Council of the Inspectors General on Integrity and Efficiency, the agency, Congress, and other relevant parties on whistleblower matters. The Coordinator cannot act as the employee's legal representative, agent, or advocate. The Coordinator must have direct access to the Inspector General whenever needed. This requirement to designate a Whistleblower Protection Coordinator does not apply to an intelligence-community agency, or — if the President so decides — to any agency or unit whose main job is foreign intelligence or counterintelligence work.

(e) Rate of Pay. An Inspector General's yearly base pay is the rate for level III of the Executive Schedule, plus 3 percent.

(f) Prohibition on Cash Awards. An Inspector General cannot receive any cash award or cash bonus, including one under chapter 45 of this title.

(g) Legal Advice. Following normal civil-service laws and rules, each Inspector General must get legal advice from a counsel who reports either directly to that Inspector General or to another Inspector General.

the actual law source: uscode.house.gov ↗public domain
(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, 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))); 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) shall be the rate payable for level III of the Executive Schedule under section 5314 of this title, 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.

Source credit: (Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat. 4208.)

history & why it existsrecord from the source credit
  • 2022Enacted · Pub. L. 117-286 · 136 Stat. 4208

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-286 on 2022-12-27.

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