§403. Appointments — Inbound Citations
5 U.S.C. § 403
Cited by 19 provisions in release 119-102.
Citations to 5 U.S.C. § 403 as a whole
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(9) In this subsection, the term “Inspector General” means an Inspector General appointed under section 403 of this title or an Inspector General appointed under section 415 of this title.
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(j) An individual appointed to the position of Treasury Inspector General for Tax Administration, the Assistant Inspector General for Auditing of the Office of the Treasury Inspector General for Tax Administration under section 403(d)(1)(B)(i) of this title (or, effective November 27, 2017, section 403(d)(2)(B)(i) of this title), the Assistant Inspector General for Investigations of the Office of the Treasury Inspector General for Tax Administration under section 403(d)(1)(B)(ii) of this title (or, effective November 27, 2017, section 403(d)(2)(B)(ii) of this title), or any position of Deputy Inspector General of the Office of the Treasury Inspector General for Tax Administration may not be an employee of the Internal Revenue Service—(1) during the 2-year period preceding the date of appointment to such position; or(2) during the 5-year period following the date such individual ends service in such position.
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(a) There is an Inspector General of the Department of Defense, who is appointed as provided in section 403 of title 5.
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(a) An Inspector General appointed under section 403 or 415 of title 5 may authorize staff to assist the National Center for Missing and Exploited Children—(1) by conducting reviews of inactive case files to develop recommendations for further investigations; and(2) by engaging in similar activities.
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(1) The Inspector General of an executive agency appointed under section 403 or 415 of title 5 or, on request of the head of an executive agency, the Director of the Defense Contract Audit Agency (or any successor agency) of the Department of Defense or the Inspector General of the General Services Administration may require by subpoena the production of records of a contractor, access to which is provided for that executive agency by subsection (b).
Citations to §403(a)
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(1) Notwithstanding the last two sentences of section 403(a) of this title, the Inspector General shall be under the authority, direction, and control of the Secretary of Defense with respect to audits or investigations, or the issuance of subpoenas, which require access to information concerning—(A) sensitive operational plans;(B) intelligence matters;(C) counterintelligence matters;(D) ongoing criminal investigations by other administrative units of the Department of Defense related to national security; or(E) other matters the disclosure of which would constitute a serious threat to national security.
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(a) The Chairman of the Commission may delegate the authority specified in the 2d sentence of section 403(a) of this title to another member of the Nuclear Regulatory Commission, but shall not delegate such authority to any other officer or employee of the Commission.
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(a) The Chairperson of the Federal Deposit Insurance Corporation may delegate the authority specified in the 2d sentence of section 403(a) of this title to the Vice Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation, but may not delegate such authority to any other officer or employee of the Corporation.
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(1) Notwithstanding the 2d sentence and last sentence of section 403(a) of this title, the Inspector General of the Department of the Treasury shall be under the authority, direction, and control of the Secretary of the Treasury with respect to audits or investigations, or the issuance of subpoenas, which require access to sensitive information concerning—(A) ongoing criminal investigations or proceedings;(B) undercover operations;(C) the identity of confidential sources, including protected witnesses;(D) deliberations and decisions on policy matters, including documented information used as a basis for making policy decisions, the disclosure of which could reasonably be expected to have a significant influence on the economy or market behavior;(E) intelligence or counterintelligence matters; or(F) other matters the disclosure of which would constitute a serious threat to national security or to the protection of any person or property authorized protection by section 3056 of title 18, section 3056A of title 18, or any provision of the Presidential Protection Assistance Act of 1976 (Public Law 94–524, 18 U.S.C. 3056 note).
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(i) In addition to the requirements of the 1st sentence of section 403(a) of this title, the Treasury Inspector General for Tax Administration should have demonstrated ability to lead a large and complex organization.
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(1) Notwithstanding the 2d sentence and last sentence of section 403(a) of this title, the Inspector General shall be under the authority, direction, and control of the Attorney General with respect to audits or investigations, or the issuance of subpoenas, which require access to sensitive information concerning—(A) ongoing civil or criminal investigations or proceedings;(B) undercover operations;(C) the identity of confidential sources, including protected witnesses;(D) intelligence or counterintelligence matters; or(E) other matters the disclosure of which would constitute a serious threat to national security.
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(1) Notwithstanding the 2d sentence and last sentence of section 403(a) of this title, the Inspector General of the Department of Homeland Security shall be under the authority, direction, and control of the Secretary of Homeland Security with respect to audits or investigations, or the issuance of subpoenas, that require access to sensitive information concerning—(A) intelligence, counterintelligence, or counterterrorism matters;(B) ongoing criminal investigations or proceedings;(C) undercover operations;(D) the identity of confidential sources, including protected witnesses;(E) other matters the disclosure of which would, in the Secretary’s judgment, constitute a serious threat to the protection of any person or property authorized protection by section 3056 of title 18, section 3056A of title 18, or any provision of the Presidential Protection Assistance Act of 1976 (18 U.S.C. 3056 note); or(F) other matters the disclosure of which would constitute a serious threat to national security.
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(d) There shall be within the Agency an Inspector General, who shall be appointed in accordance with section 403(a) of title 5.
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(a) There shall be an Inspector General for the Commissions appointed in accordance with section 403(a) of title 5. All of the Commissions shall be subject to a single Inspector General.
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(e) There shall be in the Administration an Inspector General appointed by the President, by and with the advice and consent of the Senate, in accordance with section 403(a) of title 5.
Citations to §403(b)
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(4) The Special Inspector General shall be removable from office in accordance with the provisions of section 403(b) of title 5.
Citations to §403(d)(1)(C)
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(A) facilitate the work of the Whistleblower Protection Coordinators designated under section 403(d)(1)(C) of this title; and
Citations to §403(e)
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(6) The annual rate of basic pay of the Special Inspector General shall be the annual rate of basic pay for an Inspector General under section 403(e) of title 5.
Citations to §403(f)
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(2) Section 403(f) of this title shall apply to the Inspectors General described under paragraph (1).