5 U.S.C. § 423

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 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.

(2) PROHIBITION OF CASH BONUS OR AWARDS.-Section 403 of this title 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) 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) 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, 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 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.

5 U.S.C. § 423

Pub. L. 117-286, §3(b), Dec. 27, 2022, 136 Stat. 4255.

HISTORICAL AND REVISION NOTE
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 obsolete. The Special Inspector General for Iraq Reconstruction was established as a temporary oversight entity 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 Inspector 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), Dec. 27, 2022, 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 enacting 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."