44 U.S.C. § 3902: Appointment of Inspector…

Summary

The Director of the Government Publishing Office must appoint an Inspector General based only on integrity and proven skill in areas like accounting, auditing, finance, law, management, public administration, or investigations. The Inspector General reports to the Director but must be allowed to start, carry out, and finish audits and investigations and to issue subpoenas without being stopped by the Director. The Director can remove or transfer the Inspector General, but must send a written reason at least 30 days before to the House Committees on House Administration and Appropriations and to the Senate Committees on Rules and Administration and Appropriations. Other personnel actions are allowed. The job is a senior-level position and must pay at least the average basic pay of other senior-level employees, with annual pay changes equal to their average change. The Inspector General cannot get any cash award or bonus, including under chapter 45 of title 5. The Inspector General must get legal advice from a lawyer who reports directly to the Inspector General or to another Inspector General, following office hiring rules.

Title 44, §3902

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(a)There shall be at the head of the Office of Inspector General, an Inspector General who shall be appointed by the Director of the Government Publishing Office 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. The Inspector General shall report to, and be under the general supervision of, the Director of the Government Publishing Office. The Director of the Government Publishing Office shall have no authority to prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation, or from issuing any subpena during the course of any audit or investigation.

(b)(1)The Inspector General may be removed from office, or transferred to another position within, or another location of, the Government Publishing Office, by the Director of the Government Publishing Office.

(2)Not later than 30 days before the Director removes or transfers the Inspector General under paragraph (1), the Director shall communicate in writing the reason for the removal or transfer to—

(A)the Committee on House Administration and the Committee on Appropriations of the House of Representatives; and

(B)the Committee on Rules and Administration and the Committee on Appropriations of the Senate.

(3)Nothing in this subsection shall prohibit a personnel action (except for removal or transfer) that is otherwise authorized by law.

(c)(1)The position of Inspector General shall be—

(A)classified as a position as a senior level employee, in accordance with this title; and

(B)have a rate of basic pay that is not less than the average rate of basic pay of all other senior level employees of the Government Publishing Office calculated on an annual basis.

(2)The Director of the Government Publishing Office shall establish the amount of the annual adjustment in the rate of basic pay for the Inspector General in an amount equal to the average of the annual adjustments in the rate of basic pay provided to all other senior level employees of the Government Publishing Office, consistent with this title.

(d)The Inspector General may not receive any cash award or cash bonus, including a cash award under chapter 45 of title 5.

(e)The Inspector General shall, in accordance with applicable laws and regulations governing selections, appointments, and employment at the Government Publishing Office, obtain legal advice from a counsel reporting directly to the Inspector General or another Inspector General.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2019—Pub. L. 116–94, § 1602(c)(1)(A), inserted “; pay; limits on bonuses; counsel” after “removal” in section catchline. Subsec. (b). Pub. L. 116–94, § 1602(c)(1)(B), added subsec. (b) and struck out former subsec. (b) which read as follows: “The Inspector General may be removed from office by the Director of the Government Publishing Office. The Director of the Government Publishing Office shall, promptly upon such removal, communicate in writing the reasons for any such removal to each House of the Congress.” Subsecs. (c) to (e). Pub. L. 116–94, § 1602(c)(1)(C), added subsecs. (c) to (e). 2014—Pub. L. 113–235 substituted “Director of the Government Publishing Office” for “Public Printer” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 180 days after Oct. 18, 1988, see section 206 of 100–504, set out as a note under section 3901 of this title.

§3902 Appointment of Inspector General; Supervision; Removal; Pay; Limits on Bonuses; Counsel