Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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type: "LegalText"
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title: "5 U.S.C. § 401"
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description: "Definitions"
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title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
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chapter_number: "4"
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chapter_name: "INSPECTORS GENERAL"
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section: "401"
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---
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# 5 U.S.C. § 401 - Definitions
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## Text
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In this chapter:
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(1) Establishment.— The term “establishment” means the Department of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Housing and Urban Development, the Interior, Justice, Labor, State, Transportation, Homeland Security, the Treasury, or Veterans Affairs; the Agency for International Development, the Community Development Financial Institutions Fund, the Environmental Protection Agency, the Federal Communications Commission, the Federal Emergency Management Agency, the General Services Administration, the National Aeronautics and Space Administration, the Nuclear Regulatory Commission, the Office of Personnel Management, the Railroad Retirement Board, the Federal Deposit Insurance Corporation, the Small Business Administration, the Corporation for National and Community Service, the Social Security Administration, the Federal Housing Finance Agency, the Tennessee Valley Authority, the Export-Import Bank of the United States, the Commissions established under section 15301 of title 40, the National Security Agency, or the National Reconnaissance Office, as the case may be.
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(2) Federal agency.— The term “Federal agency” means an agency as defined in section 552(f) of this title (including an establishment as defined in paragraph (1)), but shall not be construed to include the Government Accountability Office.
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(3) Head of the establishment.— The term “head of the establishment” means the Secretary of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Housing and Urban Development, the Interior, Labor, State, Transportation, Homeland Security, the Treasury, or Veterans Affairs; the Attorney General; the Administrator of the Agency for International Development, Environmental Protection, General Services, National Aeronautics and Space, Small Business, or the Federal Emergency Management Agency; the Director of the Office of Personnel Management; the Chairman of the Nuclear Regulatory Commission, the Federal Communications Commission, or the Railroad Retirement Board; the Chief Executive Officer of the Corporation for National and Community Service; the Administrator of the Community Development Financial Institutions Fund; the Chairperson of the Federal Deposit Insurance Corporation; the Commissioner of Social Security, Social Security Administration; the Director of the Federal Housing Finance Agency; the Board of Directors of the Tennessee Valley Authority; the President of the Export-Import Bank of the United States; the Federal Cochairpersons of the Commissions established under section 15301 of title 40; the Director of the National Security Agency; or the Director of the National Reconnaissance Office; as the case may be.
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(4) Inspector general.— The term “Inspector General” means the Inspector General of an establishment.
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(5) Office.— The term “Office” means the Office of Inspector General of an establishment.
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(Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat. 4207.)
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## Notes
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Amendments Not Shown in TextThis section was derived from section 12 of the Inspector General Act of 1978, Pub. L. 95–452, which was set out in the former Appendix to this title, and as it existed as of Oct. 19, 2021. Section 12 of Pub. L. 95–452 was amended by Pub. L. 117–263, div. E, title LII, §§ 5202(b), 5272(10), Dec. 23, 2022, 136 Stat. 3227, 3241, prior to being repealed and reenacted as this section by Pub. L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4207, 4361. For applicability of those amendments to this section, see section 5(b) of Pub. L. 117–286, set out in a Transitional and Savings Provisions note preceding section 101 of this title. Section 12 of Pub. L. 95–452 was amended as follows: (1) in paragraph (3) [enacted by Pub. L. 117–286 as paragraph (4) of this section] by inserting “except as otherwise expressly provided,” before “the term”; and (2) by striking “and” at the end of paragraph (4), by substituting “; and” for the period at the end of paragraph (5), and by adding at the end the following: “(6) the term ‘appropriate congressional committees’ means— “(A) the Committee on Homeland Security and Governmental Affairs of the Senate; “(B) the Committee on Oversight and Reform of the House of Representatives; and “(C) any other relevant congressional committee or subcommittee of jurisdiction.” Section 12 of Pub. L. 95–452 began with “the term” in paragraphs (1) to (5) and ended with semicolons in paragraphs (1) to (3), “; and” in paragraph (4), and a period in paragraph (5). As restated by Pub. L. 117–286, the text of paragraphs (1) to (5) began with “The term” and all ended with periods.
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Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 4015 U.S.C. App. (IGA § 12)Pub. L. 95–452, § 12, formerly § 11, Oct. 12, 1978, 92 Stat. 1109; Pub. L. 96–88, title V, § 508(n)(3), (4), Oct. 17, 1979, 93 Stat. 695; Pub. L. 97–113, title VII, § 705(a)(2), Dec. 29, 1981, 95 Stat. 1544; Pub. L. 97–252, title XI, § 1117(a)(4), (5), Sept. 8, 1982, 96 Stat. 751; Pub. L. 99–93, title I, § 150(a)(2), Aug. 16, 1985, 99 Stat. 427; Pub. L. 99–399, title IV, § 412(a)(2), Aug. 27, 1986, 100 Stat. 867; Pub. L. 100–504, title I, § 102(c), Oct. 18, 1988, 102 Stat. 2515; Pub. L. 100–527, § 13(h)(2), (3), Oct. 5, 1988, 102 Stat. 2643; Pub. L. 101–73, title V, § 501(b)(1), Aug. 9, 1989, 103 Stat. 393; Pub. L. 102–233, title III, § 315(a), Dec. 12, 1991, 105 Stat. 1772; Pub. L. 103–82, title II, § 202(g)(4), Sept. 21, 1993, 107 Stat. 890; Pub. L. 103–204, § 23(a)(1), Dec. 17, 1993, 107 Stat. 2407; Pub. L. 103–296, title I, § 108(l)(2), Aug. 15, 1994, 108 Stat. 1489; Pub. L. 103–325, title I, § 118(a), Sept. 23, 1994, 108 Stat. 2188; Pub. L. 104–106, div. D, title XLIII, § 4322(b)(1), (3), Feb. 10, 1996, 110 Stat. 677; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1314(b), Oct. 21, 1998, 112 Stat. 2681–776; Pub. L. 106–422, § 1(b)(2), Nov. 1, 2000, 114 Stat. 1872; Pub. L. 107–189, § 22(a), (d), June 14, 2002, 116 Stat. 707, 708; Pub. L. 107–296, title XVII, § 1701, Nov. 25, 2002, 116 Stat. 2313; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410; Pub. L. 110–234, title XIV, § 14217(c), May 22, 2008, 122 Stat. 1482; Pub. L. 110–246, § 4(a), title XIV, § 14217(c), June 18, 2008, 122 Stat. 1664, 2244; Pub. L. 110–289, div. A, title I, § 1105(c), July 30, 2008, 122 Stat. 2668; renumbered § 12, Pub. L. 110–409, § 7(a), Oct. 14, 2008, 122 Stat. 4305; Pub. L. 113–126, title IV, §§ 402(2), 412(2), July 7, 2014, 128 Stat. 1408, 1409; Pub. L. 115–141, div. P, title V, § 501(a)(2), Mar. 23, 2018, 132 Stat. 1090. In paragraph (1), the words “Veterans Affairs” are inserted in the list of Departments, and the words “Veterans’ Administration” are deleted from the list of Administrations, to update obsolete references in the law. In paragraph (1), the words “the Resolution Trust Corporation” have been omitted as obsolete because section 21A(m)(1) of the Federal Home Loan Bank Act (12 U.S.C. 1441a(m)(1)) provided for termination of the Resolution Trust Corporation not later than December 31, 1995, and the authority and responsibilities of the Resolution Trust Corporation were transferred to the Federal Deposit Insurance Corporation under section 40(n)(4) of the Federal Deposit Insurance Act (12 U.S.C. 1831q(n)(4)). In paragraphs (1) and (3), the words “of the United States” are inserted after “Export-Import Bank” to correct errors in the law. In paragraph (3), the words “Veterans Affairs” are inserted in the list of Secretaries, and the words “Veterans’ Affairs” are deleted from the list of Administrators, to update obsolete references in the law. In paragraph (3), the words “the Director of” are inserted before “the Office of Personnel Management” to correct an error in the law. The Office of Personnel Management is headed by a director (rather than an administrator) as provided in section 1102(a) of title 5, United States Code. In paragraph (3), the words “the Chairperson of the Thrift Depositor Protection Oversight Board” are omitted because the Thrift Depositor Protection Oversight Board was abolished by section 14(a) through (d) of the Homeowners Protection Act of 1998 (Public Law 105–216, 112 Stat. 908). In paragraph (3), the words “the chief executive officer of the Resolution Trust Corporation” are omitted because section 21A(m)(1) of the Federal Home Loan Bank Act (12 U.S.C. 1441a(m)(1)) provided for termination of the Resolution Trust Corporation not later than December 31, 1995, and the authority and responsibilities of the Resolution Trust Corporation were transferred to the Federal Deposit Insurance Corporation under section 40(n)(4) of the Federal Deposit Insurance Act (12 U.S.C. 1831q(n)(4)).
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Statutory Notes and Related Subsidiaries
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Effective Date of 1978 ActPub. L. 95–452, § 13, formerly § 12, Oct. 12, 1978, 92 Stat. 1109, renumbered § 13 by Pub. L. 110–409, § 7(a), Oct. 14, 2008, 122 Stat. 4305, provided that: “The provisions of this Act [see Tables for classification] and the amendments made by this Act [amending sections 5315 and 5316 of this title and section 3522 of Title 42, The Public Health and Welfare] shall take effect October 1, 1978.”
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Short Title of 2022 AmendmentPub. L. 117–263, div. E, title LII, § 5201, Dec. 23, 2022, 136 Stat. 3222, provided that: “This subtitle [subtitle A (§§ 5201–5204) of title LII of div. E of Pub. L. 117–263, see Tables for classification] may be cited as the ‘Securing Inspector General Independence Act of 2022’.” Pub. L. 117–263, div. E, title LII, § 5231, Dec. 23, 2022, 136 Stat. 3234, provided that: “This subtitle [subtitle C (§§ 5231–5237) of title LII of div. E of Pub. L. 117–263, see Tables for classification] may be cited as the ‘Integrity Committee Transparency Act of 2022’.”
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Short Title of 2018 ActPub. L. 115–192, § 1, June 25, 2018, 132 Stat. 1502, provided that: “This Act [see Tables for classification] may be cited as the ‘Whistleblower Protection Coordination Act’.”
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Short Title of 2016 ActPub. L. 114–317, § 1(a), Dec. 16, 2016, 130 Stat. 1595, provided that: “This Act [see Tables for classification] may be cited as the ‘Inspector General Empowerment Act of 2016’.”
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Short Title of 2008 ActPub. L. 110–409, § 1, Oct. 14, 2008, 122 Stat. 4302, provided that: “This Act [see Tables for classification] may be cited as the ‘Inspector General Reform Act of 2008’.”
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Short Title of 2006 ActPub. L. 109–440, § 1, Dec. 20, 2006, 120 Stat. 3286, provided that: “This Act [see Tables for classification] may be cited as the ‘Iraq Reconstruction Accountability Act of 2006’.”
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Short Title of 1998 ActPub. L. 105–272, title VII, § 701(a), Oct. 20, 1998, 112 Stat. 2413, provided that: “This title [see Tables for classification] may be cited as the ‘Intelligence Community Whistleblower Protection Act of 1998’.”
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Short Title of 1988 ActPub. L. 100–504, title I, § 101, Oct. 18, 1988, 102 Stat. 2515, provided that: “This title [see Tables for classification] may be cited as the ‘Inspector General Act Amendments of 1988’.”
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Short Title of 1978 ActPub. L. 95–452, § 1, Oct. 12, 1978, 92 Stat. 1101, provided: “That this Act [see Tables for classification] be cited as the ‘Inspector General Act of 1978’.”
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Merger of Office of Inspector General of United States Information Agency With Office of Inspector General of Department of State; Transfer of FunctionsPub. L. 104–134, title I, § 101[(a)] [title IV], Apr. 26, 1996, 110 Stat. 1321, 1321–37; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, provided: “That notwithstanding any other provision of law, (1) the Office of the Inspector General of the United States Information Agency is hereby merged with the Office of the Inspector General of the Department of State; (2) the functions exercised and assigned to the Office of the Inspector General of the United States Information Agency before the effective date of this Act [Apr. 26, 1996] (including all related functions) are transferred to the Office of the Inspector General of the Department of State; and (3) the Inspector General of the Department of State shall also serve as the Inspector General of the United States Information Agency.” [Pub. L. 104–208, div. A, title I, § 101(a) [title IV], Sept. 30, 1996, 110 Stat. 3009, 3009–47, provided in part: “That notwithstanding any other provision of law, the merger of the Office of Inspector General of the United States Information Agency with the Office of Inspector General of the Department of State provided for in the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1996, contained in Public Law 104–134 [set out above], is effective hereafter.” ] [For abolition of Office of Inspector General of the United States Information Agency and transfer of functions to Office of Inspector General of Department of State and Foreign Service, see section 6533 of Title 22, Foreign Relations and Intercourse.]
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Payment Authority Subject to AppropriationsPub. L. 100–504, title I, § 112, Oct. 18, 1988, 102 Stat. 2530, provided that: “Any authority to make payments under this title [see Tables for classification] shall be effective only to such extent as provided in appropriations Acts.”
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---
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# 5 U.S.C. § 402 - Establishment and purpose of Offices of Inspector General
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## Text
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(a) Establishment.— (1) In general.— Subject to paragraph (2), in each of the establishments listed in section 401(1) of this title, there is established an Office of Inspector General.
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(2) Department of the treasury.— In the establishment of the Department of the Treasury, there is established—
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(A) an Office of Inspector General of the Department of the Treasury; and
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(B) an Office of Treasury Inspector General for Tax Administration.
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(b) Purpose.— The offices established under subsection (a) are established in order to create independent and objective units—
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(1) to conduct and supervise audits and investigations relating to the programs and operations of the establishments listed in section 401(1) of this title;
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(2) to provide leadership and coordination and recommend policies for activities designed—
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(A) to promote economy, efficiency, and effectiveness in the administration of those programs and operations; and
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(B) to prevent and detect fraud and abuse in those programs and operations; and
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(3) to provide a means for keeping the head of the establishments and Congress fully and currently informed about problems and deficiencies relating to the administration of those programs and operations and the necessity for and progress of corrective action.
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(Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat. 4208.)
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## Notes
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Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 4025 U.S.C. App. (IGA § 2)Pub. L. 95–452, § 2, Oct. 12, 1978, 92 Stat. 1101; Pub. L. 96–88, title V, § 508(n)(1), Oct. 17, 1979, 93 Stat. 694; Pub. L. 97–113, title VII, § 705(a)(1), Dec. 29, 1981, 95 Stat. 1544; Pub. L. 97–252, title XI, § 1117(a)(1), Sept. 8, 1982, 96 Stat. 750; Pub. L. 99–93, title I, § 150(a)(1), Aug. 16, 1985, 99 Stat. 427; Pub. L. 99–399, title IV, § 412(a)(1), Aug. 27, 1986, 100 Stat. 867; Pub. L. 100–504, title I, § 102(a), (b), Oct. 18, 1988, 102 Stat. 2515; Pub. L. 100–527, § 13(h)(1), Oct. 25, 1988, 102 Stat. 2643; Pub. L. 105–206, title I, § 1103(a), July 22, 1998, 112 Stat. 705; Pub. L. 110–409, § 7(d)(1)(A), Oct. 14, 2008, 122 Stat. 4313.
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# 5 U.S.C. § 404 - Duties and responsibilities
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## Text
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(a) In General.— It shall be the duty and responsibility of each Inspector General, with respect to the establishment within which the Inspector General’s Office is established—
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(1) to provide policy direction for and to conduct, supervise, and coordinate audits and investigations relating to the programs and operations of the establishment;
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(2) to review existing and proposed legislation and regulations relating to programs and operations of the establishment and to make recommendations in the semiannual reports required by section 405(b) of this title concerning the impact of the legislation and regulations on the economy and efficiency in the administration of programs and operations administered or financed by the establishment, or the prevention and detection of fraud and abuse in the programs and operations;
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(3) to recommend policies for, and to conduct, supervise, or coordinate other activities carried out or financed by, the establishment for the purpose of promoting economy and efficiency in the administration of, or preventing and detecting fraud and abuse in, its programs and operations;
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(4) to recommend policies for the establishment, and to conduct, supervise, or coordinate relationships between the establishment and other Federal agencies, State and local governmental agencies, and nongovernmental entities, with respect to—
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(A) all matters relating to the promotion of economy and efficiency in the administration of, or the prevention and detection of fraud and abuse in, programs and operations administered or financed by the establishment; or
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(B) the identification and prosecution of participants in fraud or abuse referred to in subparagraph (A); and
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(5) to keep the head of the establishment and Congress fully and currently informed, by means of the reports required by section 405 of this title and otherwise, concerning fraud and other serious problems, abuses, and deficiencies relating to the administration of programs and operations administered or financed by the establishment, to recommend corrective action concerning the problems, abuses, and deficiencies, and to report on the progress made in implementing the corrective action.
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(b) Standards and Guidelines.— (1) In general.— In carrying out the responsibilities specified in subsection (a)(1), each Inspector General shall—
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(A) comply with standards established by the Comptroller General of the United States for audits of Federal establishments, organizations, programs, activities, and functions;
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(B) establish guidelines for determining when it shall be appropriate to use non-Federal auditors; and
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(C) take appropriate steps to ensure that any work performed by non-Federal auditors complies with the standards established by the Comptroller General as described in paragraph (1).11 See References in Text note below.
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(2) Reviews performed exclusively by audit entities in federal government.— For purposes of determining compliance with paragraph (1)(A) with respect to whether internal quality controls are in place and operating and whether established audit standards, policies, and procedures are being followed by Offices of Inspector General of establishments defined under section 401 of this title, Offices of Inspector General of designated Federal entities defined under section 415(a) of this title, and any audit office established within a Federal entity defined under section 415(a) of this title, reviews shall be performed exclusively by an audit entity in the Federal Government, including the Government Accountability Office or the Office of Inspector General of each establishment defined under section 401 of this title, or the Office of Inspector General of each designated Federal entity defined under section 415(a) of this title.
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(c) Effective Coordination and Cooperation.— In carrying out the duties and responsibilities established under this chapter, each Inspector General shall give particular regard to the activities of the Comptroller General of the United States with a view toward avoiding duplication and ensuring effective coordination and cooperation.
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(d) Reporting Violation of Federal Criminal Law.— In carrying out the duties and responsibilities established under this chapter, each Inspector General shall report expeditiously to the Attorney General whenever the Inspector General has reasonable grounds to believe there has been a violation of Federal criminal law.
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(e) Recommendations for Corrective Actions.— (1) Submission of documents.— In carrying out the duties and responsibilities established under this chapter, whenever an Inspector General issues a recommendation for corrective action to the agency, the Inspector General—
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(A) shall submit the document making a recommendation for corrective action to—
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(i) the head of the establishment;
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(ii) the congressional committees of jurisdiction; and
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|
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(iii) if the recommendation for corrective action was initiated upon request by an individual or entity other than the Inspector General, that individual or entity;
|
||||
|
||||
(B) may submit the document making a recommendation for corrective action to any Member of Congress upon request; and
|
||||
|
||||
(C) not later than 3 days after the recommendation for corrective action is submitted in final form to the head of the establishment, post the document making a recommendation for corrective action on the website of the Office of Inspector General.
|
||||
|
||||
(2) Public disclosure otherwise prohibited by law.— Nothing in this subsection shall be construed as authorizing an Inspector General to publicly disclose information otherwise prohibited from disclosure by law.
|
||||
|
||||
(Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat. 4210.)
|
||||
|
||||
## Notes
|
||||
|
||||
Amendments Not Shown in TextThis section was derived from section 4 of the Inspector General Act of 1978, Pub. L. 95–452, which was set out in the former Appendix to this title, and as it existed as of Oct. 19, 2021. Section 4 of Pub. L. 95–452 was amended by Pub. L. 117–263, div. E, title LII, § 5273(1), Dec. 23, 2022, 136 Stat. 3241, prior to being repealed and reenacted as this section by Pub. L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4210, 4361. For applicability of those amendments to this section, see section 5(b) of Pub. L. 117–286, set out in a Transitional and Savings Provisions note preceding section 101 of this title. Section 4 of Pub. L. 95–452 was amended in subsection (a)(2) as follows: (1) by inserting “, including” after “to make recommendations”; and (2) by inserting a comma after “section 5(a)”. The phrase “section 5(a)” did not appear in the text of subsection (a)(2) as enacted by Pub. L. 117–286 but was changed to “section 405(b) of this title”.
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 4045 U.S.C. App. (IGA § 4)Pub. L. 95–452, § 4, Oct. 12, 1978, 92 Stat. 1102; Pub. L. 100–504, title I, § 109, Oct. 18, 1988, 102 Stat. 2529; Pub. L. 103–82, title II, § 202(g)(5)(A), Sept. 21, 1993, 107 Stat. 890; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 110–409, § 7(d)(1)(A), Oct. 14, 2008, 122 Stat. 4313; Pub. L. 114–317, §§ 4(d), 7(d)(2)(A), Dec. 16, 2016, 130 Stat. 1602, 1606 In subsection (a)(4) (matter before subparagraph (A)), the words “the establishment” are inserted after “to recommend policies for” and a comma is inserted after “and nongovernmental entities” for clarity. In subsection (b)(1)(C), the word “ensure” is substituted for “assure” for clarity. In subsection (c), the word “ensuring” is substituted for “insuring” for clarity.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextParagraph (1), referred to in subsec. (b)(1)(C), means par. (1) of subsec. (b) of this section, but probably should be a reference to subpar. (A) of subsec. (b)(1) of this section. Prior to repeal and restatement as this section, subsec. (b)(1) of the source section had been redesignated as subsec. (b)(1)(A) by Pub. L. 100–504, title I, § 109(1), (2), Oct. 18, 1988, 102 Stat. 2529, with no conforming amendment to the reference, and the restated text carried over such reference without change.
|
||||
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title: "5 U.S.C. § 406"
|
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 406 - Authority of Inspector General
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— In addition to the authority otherwise provided by this chapter, each Inspector General, in carrying out the provisions of this chapter, is authorized—
|
||||
|
||||
(1) (A) to have timely access to all records, reports, audits, reviews, documents, papers, recommendations, or other materials available to the applicable establishment which relate to the programs and operations with respect to which that Inspector General has responsibilities under this chapter;
|
||||
|
||||
(B) to have access under subparagraph (A) notwithstanding any other provision of law, except pursuant to any provision of law enacted by Congress that expressly—
|
||||
|
||||
(i) refers to the Inspector General; and
|
||||
|
||||
(ii) limits the right of access of the Inspector General; and
|
||||
|
||||
(C) except as provided in subsection (i), with regard to Federal grand jury materials protected from disclosure pursuant to rule 6(e) of the Federal Rules of Criminal Procedure, to have timely access to such information if the Attorney General grants the request in accordance with subsection (h);
|
||||
|
||||
(2) to make such investigations and reports relating to the administration of the programs and operations of the applicable establishment as are, in the judgment of the Inspector General, necessary or desirable;
|
||||
|
||||
(3) to request such information or assistance as may be necessary for carrying out the duties and responsibilities provided by this chapter from any Federal, State, or local governmental agency or unit thereof;
|
||||
|
||||
(4) to require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and other data in any medium (including electronically stored information), as well as any tangible thing and documentary evidence necessary in the performance of the functions assigned by this chapter, which subpoena, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate United States district court, but procedures other than subpoenas shall be used by the Inspector General to obtain documents and information from Federal agencies;
|
||||
|
||||
(5) to administer to or take from any person an oath, affirmation, or affidavit, whenever necessary in the performance of the functions assigned by this chapter, which oath, affirmation, or affidavit when administered or taken by or before an employee of an Office of Inspector General designated by the Inspector General shall have the same force and effect as if administered or taken by or before an officer having a seal;
|
||||
|
||||
(6) to have direct and prompt access to the head of the establishment involved when necessary for any purpose pertaining to the performance of functions and responsibilities under this chapter;
|
||||
|
||||
(7) to select, appoint, and employ such officers and employees as may be necessary for carrying out the functions, powers, and duties of the Office subject to the provisions of this title, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of this title relating to classification and General Schedule pay rates;
|
||||
|
||||
(8) to obtain services as authorized by section 3109 of this title, at daily rates not to exceed the maximum rate payable under section 5376 of this title; and
|
||||
|
||||
(9) to the extent and in such amounts as may be provided in advance by appropriations Acts, to enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and to make such payments as may be necessary to carry out the provisions of this chapter.
|
||||
|
||||
(b) Public Disclosure Otherwise Prohibited by Law.— Nothing in this section shall be construed as authorizing an Inspector General to publicly disclose information otherwise prohibited from disclosure by law.
|
||||
|
||||
(c) Requests for Information.— (1) Compliance in general.— Upon request of an Inspector General for information or assistance under subsection (a)(3), the head of any Federal agency involved shall, insofar as is practicable and not in contravention of any existing statutory restriction or regulation of the Federal agency from which the information is requested, furnish to the Inspector General, or to an authorized designee, the requested information or assistance.
|
||||
|
||||
(2) Unreasonable refusal.— Whenever information or assistance requested under subsection (a)(1) or (a)(3) is, in the judgment of an Inspector General, unreasonably refused or not provided, the Inspector General shall report the circumstances to the head of the establishment involved without delay.
|
||||
|
||||
(d) Office Space and Supplies.— Each head of an establishment shall provide the Office within the establishment with appropriate and adequate office space at central and field office locations of the establishment, together with such equipment, office supplies, and communications facilities and services as may be necessary for the operation of the offices, and shall provide necessary maintenance services for the offices and the equipment and facilities provided.
|
||||
|
||||
(e) Applying Certain Provisions.— (1) Each office considered separate agency.— (A) For purposes of applying the provisions of law identified in subparagraph (B)—
|
||||
|
||||
(i) each Office of Inspector General shall be considered to be a separate agency; and
|
||||
|
||||
(ii) the Inspector General who is the head of an office referred to in clause (i) shall, with respect to that office, have the functions, powers, and duties of an agency head or appointing authority under such provisions.
|
||||
|
||||
(B) This paragraph applies with respect to the following provisions of this title:
|
||||
|
||||
(i) Subchapter II of chapter 35.
|
||||
|
||||
(ii) Sections 8335(b), 8336, 8344, 8414, 8425(b), and 8468.
|
||||
|
||||
(iii) All provisions relating to the Senior Executive Service (as determined by the Office of Personnel Management), subject to paragraph (2).
|
||||
|
||||
(2) Applying section 4507(b).— For purposes of applying section 4507(b) of this title, paragraph (1)(A)(ii) shall be applied by substituting “the Council of the Inspectors General on Integrity and Efficiency (established by section 424 of this title) shall” for “the Inspector General who is the head of an office referred to in clause (i) shall, with respect to that office,”.
|
||||
|
||||
(f) Additional Authority.— (1) In general.— In addition to the authority otherwise provided by this chapter, each Inspector General, any Assistant Inspector General for Investigations under such an Inspector General, and any special agent supervised by such an Assistant Inspector General may be authorized by the Attorney General to—
|
||||
|
||||
(A) carry a firearm while engaged in official duties as authorized under this chapter or other statute, or as expressly authorized by the Attorney General;
|
||||
|
||||
(B) make an arrest without a warrant while engaged in official duties as authorized under this chapter or other statute, or as expressly authorized by the Attorney General, for any offense against the United States committed in the presence of such Inspector General, Assistant Inspector General, or agent, or for any felony cognizable under the laws of the United States if such Inspector General, Assistant Inspector General, or agent has reasonable grounds to believe that the person to be arrested has committed or is committing such felony; and
|
||||
|
||||
(C) seek and execute warrants for arrest, search of a premises, or seizure of evidence issued under the authority of the United States upon probable cause to believe that a violation has been committed.
|
||||
|
||||
(2) Determination.— The Attorney General may authorize exercise of the powers under this subsection only upon an initial determination that—
|
||||
|
||||
(A) the affected Office of Inspector General is significantly hampered in the performance of responsibilities established by this chapter as a result of the lack of such powers;
|
||||
|
||||
(B) available assistance from other law enforcement agencies is insufficient to meet the need for such powers; and
|
||||
|
||||
(C) adequate internal safeguards and management procedures exist to ensure proper exercise of such powers.
|
||||
|
||||
(3) Exemptions from requirement of initial determination of eligibility.— The Inspector General offices of the Department of Commerce, Department of Education, Department of Energy, Department of Health and Human Services, Department of Homeland Security, Department of Housing and Urban Development, Department of the Interior, Department of Justice, Department of Labor, Department of State, Department of Transportation, Department of the Treasury, Department of Veterans’ Affairs, Agency for International Development, Environmental Protection Agency, Federal Deposit Insurance Corporation, Federal Emergency Management Agency, General Services Administration, National Aeronautics and Space Administration, Nuclear Regulatory Commission, Office of Personnel Management, Railroad Retirement Board, Small Business Administration, Social Security Administration, and the Tennessee Valley Authority are exempt from the requirement of paragraph (2) for an initial determination of eligibility by the Attorney General.
|
||||
|
||||
(4) Guidelines.— The Attorney General shall promulgate, and revise as appropriate, guidelines which shall govern the exercise of the law enforcement powers established under paragraph (1).
|
||||
|
||||
(5) Rescinding or suspending powers.— (A) Powers authorized for an office of inspector general.— Powers authorized for an Office of Inspector General under paragraph (1) may be rescinded or suspended upon a determination by the Attorney General that any of the requirements under paragraph (2) is no longer satisfied or that the exercise of authorized powers by that Office of Inspector General has not complied with the guidelines promulgated by the Attorney General under paragraph (4).
|
||||
|
||||
(B) Powers authorized to be exercised by an individual.— Powers authorized to be exercised by any individual under paragraph (1) may be rescinded or suspended with respect to that individual upon a determination by the Attorney General that such individual has not complied with guidelines promulgated by the Attorney General under paragraph (4).
|
||||
|
||||
(6) Not reviewable.— A determination by the Attorney General under paragraph (2) or (5) shall not be reviewable in or by any court.
|
||||
|
||||
(7) Memorandum of understanding.— To ensure the proper exercise of the law enforcement powers authorized by this subsection, the Offices of Inspector General described under paragraph (3) shall, not later than 180 days after November 25, 2002, collectively enter into a memorandum of understanding to establish an external review process for ensuring that adequate internal safeguards and management procedures continue to exist within each Office and within any Office that later receives an authorization under paragraph (2). The review process shall be established in consultation with the Attorney General, who shall be provided with a copy of the memorandum of understanding that establishes the review process. Under the review process, the exercise of the law enforcement powers by each Office of Inspector General shall be reviewed periodically by another Office of Inspector General or by a committee of Inspectors General. The results of each review shall be communicated in writing to the applicable Inspector General and to the Attorney General.
|
||||
|
||||
(8) Not a limitation on other law enforcement powers.— No provision of this subsection shall limit the exercise of law enforcement powers established under any other statutory authority, including United States Marshals Service special deputation.
|
||||
|
||||
(9) Definition of inspector general.— 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.
|
||||
|
||||
(g) Budgets.— (1) Inspector general’s budget estimate and request transmitted to head of establishment or designated federal entity.— For each fiscal year, an Inspector General shall transmit a budget estimate and request to the head of the establishment or designated Federal entity to which the Inspector General reports. The budget request shall specify the aggregate amount of funds requested for such fiscal year for the operations of that Inspector General and shall specify the amount requested for all training needs, including a certification from the Inspector General that the amount requested satisfies all training requirements for the Inspector General’s office for that fiscal year, and any resources necessary to support the Council of the Inspectors General on Integrity and Efficiency. Resources necessary to support the Council of the Inspectors General on Integrity and Efficiency shall be specifically identified and justified in the budget request.
|
||||
|
||||
(2) Head of establishment or designated federal entity’s proposed budget transmitted to president.— In transmitting a proposed budget to the President for approval, the head of each establishment or designated Federal entity shall include—
|
||||
|
||||
(A) an aggregate request for the Inspector General;
|
||||
|
||||
(B) amounts for Inspector General training;
|
||||
|
||||
(C) amounts for support of the Council of the Inspectors General on Integrity and Efficiency; and
|
||||
|
||||
(D) any comments of the affected Inspector General with respect to the proposal.
|
||||
|
||||
(3) President’s budget submitted to congress.— The President shall include in each budget of the United States Government submitted to Congress—
|
||||
|
||||
(A) a separate statement of the budget estimate prepared in accordance with paragraph (1);
|
||||
|
||||
(B) the amount requested by the President for each Inspector General;
|
||||
|
||||
(C) the amount requested by the President for training of Inspectors General;
|
||||
|
||||
(D) the amount requested by the President for support for the Council of the Inspectors General on Integrity and Efficiency; and
|
||||
|
||||
(E) any comments of the affected Inspector General with respect to the proposal if the Inspector General concludes that the budget submitted by the President would substantially inhibit the Inspector General from performing the duties of the office.
|
||||
|
||||
(h) Federal Grand Jury Materials.— (1) Notification of attorney general of request.— If the Inspector General of an establishment submits a request to the head of the establishment for Federal grand jury materials pursuant to subsection (a)(1), the head of the establishment shall immediately notify the Attorney General of such request.
|
||||
|
||||
(2) Determination by attorney general.— Not later than 15 days after the date on which a request is submitted to the Attorney General under paragraph (1), the Attorney General shall determine whether to grant or deny the request for Federal grand jury materials and shall immediately notify the head of the establishment of such determination. The Attorney General shall grant the request unless the Attorney General determines that granting access to the Federal grand jury materials would be likely to—
|
||||
|
||||
(A) interfere with an ongoing criminal investigation or prosecution;
|
||||
|
||||
(B) interfere with an undercover operation;
|
||||
|
||||
(C) result in disclosure of the identity of a confidential source, including a protected witness;
|
||||
|
||||
(D) pose a serious threat to national security; or
|
||||
|
||||
(E) result in significant impairment of the trade or economic interests of the United States.
|
||||
|
||||
(3) Comments.— (A) Requirement to inform inspector general of determination by attorney general.— The head of the establishment shall inform the Inspector General of the establishment of the determination made by the Attorney General with respect to the request for Federal grand jury materials.
|
||||
|
||||
(B) Submission of comments by inspector general.— The Inspector General of the establishment described under subparagraph (A) may submit comments on the determination submitted pursuant to such subparagraph to the committees listed under paragraph (4) that the Inspector General considers appropriate.
|
||||
|
||||
(4) Statement of attorney general regarding denial of request.— Not later than 30 days after notifying the head of an establishment of a denial pursuant to paragraph (2), the Attorney General shall submit a statement that the request for Federal grand jury materials by the Inspector General was denied and the reason for the denial to each of the following:
|
||||
|
||||
(A) The Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate.
|
||||
|
||||
(B) The Committee on Oversight and Reform, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives.
|
||||
|
||||
(C) Other appropriate committees and subcommittees of Congress.
|
||||
|
||||
(i) Non-applicability of Certain Provisions to Requests From Inspector General of Department of Justice.— Subsections (a)(1)(C) and (h) shall not apply to requests from the Inspector General of the Department of Justice.
|
||||
|
||||
(j) Computerized Comparisons.— (1) Definitions.— In this subsection, the terms “agency”, “matching program”, “record”, and “system of records” have the meanings given those terms in section 552a(a) of title 5.
|
||||
|
||||
(2) Non-consideration of computerized comparisons as matching programs.— For purposes of section 552a of title 5 or any other provision of law, a computerized comparison of two or more automated Federal systems of records, or a computerized comparison of a Federal system of records with other records or non-Federal records, performed by an Inspector General or by an agency in coordination with an Inspector General in conducting an audit, investigation, inspection, evaluation, or other review authorized under this chapter shall not be considered a matching program.
|
||||
|
||||
(3) Limitation.— Nothing in this subsection shall be construed to impede the exercise by an Inspector General of any matching program authority established under any other provision of law.
|
||||
|
||||
(k) Non-Applicability of Federal Information Policy.— Subchapter I of chapter 35 of title 44 shall not apply to the collection of information during the conduct of an audit, investigation, inspection, evaluation, or other review conducted by the Council of the Inspectors General on Integrity and Efficiency or any Office of Inspector General, including any Office of Special Inspector General.
|
||||
|
||||
(Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat. 4218.)
|
||||
|
||||
## Notes
|
||||
|
||||
Amendments Not Shown in TextThis section was derived from section 6 of the Inspector General Act of 1978, Pub. L. 95–452, which was set out in the former Appendix to this title, and as it existed as of Oct. 19, 2021. Section 6 of Pub. L. 95–452 was amended by Pub. L. 117–263, div. E, title LII, §§ 5261, 5272(2), Dec. 23, 2022, 136 Stat. 3238, 3239, prior to being repealed and reenacted as this section by Pub. L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4218, 4361. For applicability of those amendments to this section, see section 5(b) of Pub. L. 117–286, set out in a Transitional and Savings Provisions note preceding section 101 of this title. Section 6 of Pub. L. 95–452 was amended as follows: (1) in subsection (c), by adding at the end the following: “(3) If the information or assistance that is the subject of a report under paragraph (2) is not provided to the Inspector General by the date that is 30 days after the report is made, the Inspector General shall submit a notice that the information or assistance requested has not been provided by the head of the establishment involved or the head of the Federal agency involved, as applicable, to the appropriate congressional committees.”; and (2) in subsection (h)(4)— (A) in subparagraph (B), by striking “Government”; and (B) by amending subparagraph (C) to read as follows: “(C) Any other relevant congressional committee or subcommittee of jurisdiction.” The word “Government” did not appear before “Reform” in the text of subsection (h)(4)(B) as enacted by Pub. L. 117–286. See Historical and Revision note below. For definition of “appropriate congressional committees” as seen in the above amendment by Pub. L. 117–263, see Amendments Not Shown in Text note set out under section 401 of this title.
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 4065 U.S.C. App. (IGA § 6)Pub. L. 95–452, § 6, Oct. 12, 1978, 92 Stat. 1104; Pub. L. 100–504, title I, §§ 107, 110(a), Oct. 18, 1988, 102 Stat. 2528, 2529; Pub. L. 107–296, title VIII, § 812(a), Nov. 25, 2002, 116 Stat. 2222; Pub. L. 110–409, §§ 8, 9, 11, 14(a), Oct. 14, 2008, 122 Stat. 4313–4316; Pub. L. 114–317, §§ 2, 5, 7(d)(2)(D), (3)(B), Dec. 16, 2016, 130 Stat. 1595, 1603, 1606. In subsection (a)(8), the words “maximum rate payable under section 5376 of this title” are substituted for “equivalent rate prescribed for grade GS–18 of the General Schedule by section 5332 of title 5, United States Code” for clarity and because of section 101(c) of the Federal Employees Pay Comparability Act of 1990 (enacted by section 529 of Public Law 101–509 (5 U.S.C. 5376 note)). In subsection (f)(7), the date “November 25, 2002” is substituted for “the date of enactment of this subsection” for clarity. Subsection (f) (formerly subsection (e)) of section 6 of the Inspector General Act of 1978 was enacted on November 25, 2002, by section 812(a) of the Homeland Security Act of 2002 (Public Law 107–296, 116 Stat. 2222). In subsection (h)(4)(B), the words “Committee on Oversight and Reform” are substituted for “Committee on Oversight and Government Reform” on authority of rule X(1)(n) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (116th Congress, January 9, 2019).
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Federal Rules of Criminal Procedure, referred to in subsec. (a)(1)(C), are set out in the Appendix to Title 18, Crimes and Criminal Procedure.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Change of Name Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
|
||||
|
||||
Establishment of Inspectors General Criminal Investigator Academy and Inspectors General Forensic LaboratoryPub. L. 106–422, § 2, Nov. 1, 2000, 114 Stat. 1873, as amended by Pub. L. 117–286, § 4(b)(10), Dec. 27, 2022, 136 Stat. 4343, provided that: “(a) Inspectors General Criminal Investigator Academy.—“(1) Establishment.—There is established the Criminal Investigator Academy within the Department of the Treasury. The Criminal Investigator Academy is established for the purpose of performing investigator training services for offices of inspectors general created under chapter 4 of title 5, United States Code. “(2) Executive director.—The Criminal Investigator Academy shall be administered by an Executive Director who shall report to an inspector general for an establishment as defined in section 401 of title 5, United States Code—“(A) designated by the President’s Council on Integrity and Efficiency; or “(B) if that council is eliminated, by a majority vote of the inspectors general created under chapter 4 of title 5, United States Code. “(b) Inspectors General Forensic Laboratory.—“(1) Establishment.—There is established the Inspectors General Forensic Laboratory within the Department of the Treasury. The Inspectors General Forensic Laboratory is established for the purpose of performing forensic services for offices of inspectors general created under chapter 4 of title 5, United States Code. “(2) Executive director.—The Inspectors General Forensic Laboratory shall be administered by an Executive Director who shall report to an inspector general for an establishment as defined in section 401 of title 5, United States Code—“(A) designated by the President’s Council on Integrity and Efficiency; or “(B) if that council is eliminated, by a majority vote of the inspectors general created under chapter 4 of title 5, United States Code. “(c) Separate Appropriations Account.— [Amended section 1105 of Title 31, Money and Finance.] “(d) Authorization of Appropriations.—There are authorized to carry out this section such sums as may be necessary for fiscal year 2001 and each fiscal year thereafter.”
|
||||
|
||||
[Amended section 1105 of Title 31, Money and Finance.]
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
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type: "LegalText"
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||||
title: "5 U.S.C. § 407"
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||||
description: "Complaints by employees"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "4"
|
||||
chapter_name: "INSPECTORS GENERAL"
|
||||
section: "407"
|
||||
citation: "5 U.S.C. § 407"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 407 - Complaints by employees
|
||||
|
||||
## Text
|
||||
|
||||
(a) Receipt and Investigation.— The Inspector General may receive and investigate complaints or information from an employee of the establishment concerning the possible existence of an activity constituting a violation of law, rules, or regulations, or mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to the public health and safety.
|
||||
|
||||
(b) Prohibition on Disclosure of Identity.— The Inspector General shall not, after receipt of a complaint or information from an employee, disclose the identity of the employee without the consent of the employee, unless the Inspector General determines the disclosure is unavoidable during the course of the investigation.
|
||||
|
||||
(c) Prohibition on Reprisal.— Any employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to that authority, take or threaten to take any action against any employee as a reprisal for making a complaint or disclosing information to an Inspector General, unless the complaint was made or the information disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.
|
||||
|
||||
(Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat. 4224.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 4075 U.S.C. App. (IGA § 7)Pub. L. 95–452, § 7, Oct. 12, 1978, 92 Stat. 1105.
|
||||
@@ -0,0 +1,117 @@
|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
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|
||||
confidence: "official"
|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 408 - Additional provisions with respect to the Inspector General of the Department of Defense
|
||||
|
||||
## Text
|
||||
|
||||
(a) Inspector General.— A member of the Armed Forces, active or reserve, shall not be appointed Inspector General of the Department of Defense.
|
||||
|
||||
(b) Authority of Secretary of Defense.— (1) In general.— 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.
|
||||
|
||||
(2) Authority to prohibit audit or investigation.— With respect to the information described in paragraph (1), the Secretary of Defense may prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation, from accessing information described in paragraph (1), or from issuing any subpoena, after the Inspector General has decided to initiate, carry out, or complete such audit or investigation, access such information, or to issue such subpoena, if the Secretary determines that such prohibition is necessary to preserve the national security interests of the United States.
|
||||
|
||||
(3) Statement concerning exercise of power.— If the Secretary of Defense exercises any power under paragraph (1) or (2), the Inspector General shall submit a statement concerning that exercise of power within 30 days to the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Armed Services and the Committee on Oversight and Reform of the House of Representatives and to other appropriate committees or subcommittees of the Congress.
|
||||
|
||||
(4) Statement of reasons for exercise of power.— The Secretary shall, within 30 days after submission of a statement under paragraph (3), transmit a statement of the reasons for the exercise of power under paragraph (1) or (2) to the congressional committees specified in paragraph (3) and to other appropriate committees or subcommittees.
|
||||
|
||||
(c) Additional Duties and Responsibilities.— In addition to the other duties and responsibilities specified in this chapter, the Inspector General of the Department of Defense shall—
|
||||
|
||||
(1) be the principal adviser to the Secretary of Defense for matters relating to the prevention and detection of fraud, waste, and abuse in the programs and operations of the Department;
|
||||
|
||||
(2) initiate, conduct, and supervise such audits and investigations in the Department of Defense (including the military departments) as the Inspector General considers appropriate;
|
||||
|
||||
(3) provide policy direction for audits and investigations relating to fraud, waste, and abuse and program effectiveness;
|
||||
|
||||
(4) investigate fraud, waste, and abuse uncovered as a result of other contract and internal audits, as the Inspector General considers appropriate;
|
||||
|
||||
(5) develop policy, monitor and evaluate program performance, and provide guidance with respect to all Department activities relating to criminal investigation programs;
|
||||
|
||||
(6) monitor and evaluate the adherence of Department auditors to internal audit, contract audit, and internal review principles, policies, and procedures;
|
||||
|
||||
(7) develop policy, evaluate program performance, and monitor actions taken by all components of the Department in response to contract audits, internal audits, internal review reports, and audits conducted by the Comptroller General of the United States;
|
||||
|
||||
(8) request assistance as needed from other audit, inspection, and investigative units of the Department of Defense (including military departments);
|
||||
|
||||
(9) give particular regard to the activities of the internal audit, inspection, and investigative units of the military departments with a view toward avoiding duplication and ensuring effective coordination and cooperation; and
|
||||
|
||||
(10) conduct, or approve arrangements for the conduct of, external peer reviews of Department of Defense audit agencies in accordance with, and in such frequency as provided by, Government auditing standards as established by the Comptroller General of the United States.
|
||||
|
||||
(d) Reporting Violations of Chapter 47 of Title 10.— Notwithstanding section 404(d) of this title, the Inspector General of the Department of Defense shall expeditiously report suspected or alleged violations of chapter 47 of title 10 (Uniform Code of Military Justice), to the Secretary of the military department concerned or the Secretary of Defense.
|
||||
|
||||
(e) Member of Armed Forces Deemed To Be Employee.— For the purposes of section 407 of this title, a member of the Armed Forces shall be deemed to be an employee of the Department of Defense, except that, when the Coast Guard operates as a service of another department or agency of the Federal Government, a member of the Coast Guard shall be deemed to be an employee of that department or agency.
|
||||
|
||||
(f) Reports.— (1) Reports transmitted to congressional committees.— Each semiannual report prepared by the Inspector General of the Department of Defense under section 405(b) of this title shall be transmitted by the Secretary of Defense to the Committees on Armed Services and on Homeland Security and Governmental Affairs of the Senate and the Committees on Armed Services and on Oversight and Reform of the House of Representatives and to other appropriate committees or subcommittees of Congress. Each report shall include—
|
||||
|
||||
(A) information concerning the numbers and types of contract audits conducted by the Department during the reporting period; and
|
||||
|
||||
(B) information concerning any Department of Defense audit agency that, during the reporting period, has either received a failed opinion from an external peer review or is overdue for an external peer review required to be conducted in accordance with subsection (c)(10).
|
||||
|
||||
(2) Additional reports transmitted to congressional committees.— Any report required to be transmitted by the Secretary of Defense to the appropriate committees or subcommittees of the Congress under section 405(e) of this title shall also be transmitted, within the 7-day period specified in section 405(e) of this title, to the congressional committees specified in paragraph (1).
|
||||
|
||||
(g) Non-Applicability of Section 1385 of Title 18.— The provisions of section 1385 of title 18,11 So in original. The comma probably should not appear. shall not apply to audits and investigations conducted by, under the direction of, or at the request of the Inspector General of the Department of Defense to carry out the purposes of this chapter.
|
||||
|
||||
(h) General Counsel to Inspector General of Department of Defense.— (1) In general.— There is a General Counsel to the Inspector General of the Department of Defense, who shall be appointed by the Inspector General of the Department of Defense.
|
||||
|
||||
(2) Duties and functions.— (A) Notwithstanding section 140(b) of title 10, the General Counsel is the chief legal officer of the Office of the Inspector General.
|
||||
|
||||
(B) The Inspector General is the exclusive legal client of the General Counsel.
|
||||
|
||||
(C) The General Counsel shall perform such functions as the Inspector General may prescribe.
|
||||
|
||||
(D) The General Counsel shall serve at the discretion of the Inspector General.
|
||||
|
||||
(3) Office of general counsel.— There is an Office of the General Counsel to the Inspector General of the Department of Defense. The Inspector General may appoint to the Office to serve as staff of the General Counsel such legal counsel as the Inspector General considers appropriate.
|
||||
|
||||
(i) Authority To Require Attendance and Testimony of Witnesses.— (1) Subpoena.— The Inspector General of the Department of Defense is authorized to require by subpoena the attendance and testimony of witnesses as necessary in the performance of functions assigned to the Inspector General by this chapter, except that the Inspector General shall use procedures other than subpoenas to obtain attendance and testimony from Federal employees.
|
||||
|
||||
(2) Enforcement.— A subpoena issued under this subsection, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate United States district court.
|
||||
|
||||
(3) Notification.— The Inspector General shall notify the Attorney General 7 days before issuing any subpoena under this section.
|
||||
|
||||
(Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat. 4224.)
|
||||
|
||||
## Notes
|
||||
|
||||
Amendments Not Shown in TextThis section was derived from section 8 of the Inspector General Act of 1978, Pub. L. 95–452, which was set out in the former Appendix to this title, and as it existed as of Oct. 19, 2021. Section 8 of Pub. L. 95–452 was amended by Pub. L. 117–263, div. E, title LII, § 5272(3), Dec. 23, 2022, 136 Stat. 3239, prior to being repealed and reenacted as this section by Pub. L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4224, 4361. For applicability of those amendments to this section, see section 5(b) of Pub. L. 117–286, set out in a Transitional and Savings Provisions note preceding section 101 of this title. Section 8 of Pub. L. 95–452 was amended as follows: (1) in subsection (b)— (A) in paragraph (3), by striking “the Committees on Armed Services and Governmental Affairs of the Senate and the Committee on Armed Services and the Committee on Government Reform and Oversight of the House of Representatives and to other appropriate committees or subcommittees of the Congress” and inserting “the appropriate congressional committees, including the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives”; and (B) in paragraph (4), by striking “and to other appropriate committees or subcommittees”; and (2) in subsection (f)— (A) in paragraph (1), by striking “the Committees on Armed Services and on Homeland Security and Governmental Affairs of the Senate and the Committees on Armed Services and on Oversight and Government Reform of the House of Representatives and to other appropriate committees or subcommittees of Congress” and inserting “the appropriate congressional committees, including the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives”; and (B) in paragraph (2), by striking “committees or subcommittees of the Congress” and inserting “congressional committees”. The text directed to be stricken in subsections (b)(3) and (f)(1) did not appear exactly as quoted in the text enacted by Pub. L. 117–286. See Historical and Revision notes below. For definition of “appropriate congressional committees” as seen in the above amendments by Pub. L. 117–263, see Amendments Not Shown in Text note set out under section 401 of this title.
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 4085 U.S.C. App. (IGA § 8)Pub. L. 95–452, § 8, Oct. 12, 1978, 92 Stat. 1105; Pub. L. 97–252, title XI, § 1117(b), Sept. 8, 1982, 96 Stat. 751; Pub. L. 100–504, title I, § 110(b), Oct. 18, 1988, 102 Stat. 2529; Pub. L. 104–106, div. A, title XV, § 1502(f)(6), Feb. 10, 1996, 110 Stat. 510; Pub. L. 106–65, div. A, title X, § 1067(17), Oct. 5, 1999, 113 Stat. 775; Pub. L. 110–417, [div. A], title IX, § 907, Oct. 14, 2008, 122 Stat. 4569; Pub. L. 111–84, div. A, title X, § 1042, Oct. 28, 2009, 123 Stat. 2455; Pub. L. 112–239, div. A, title XVI, § 1614, Jan. 2, 2013, 126 Stat. 2066; Pub. L. 114–317, § 6(1), Dec. 16, 2016, 130 Stat. 1604. In subsection (b)(3), the words “Committee on Homeland Security and Governmental Affairs of the Senate” are substituted for “[Committee on] Governmental Affairs of the Senate” on authority of Senate Resolution No. 445, 108th Congress, October 9, 2004 (effective January 4, 2005). In subsection (b)(3), the words “Committee on Oversight and Reform” are substituted for “Committee on Government Reform and Oversight” on authority of House Resolution No. 5 (106th Congress, January 6, 1999), House Resolution No. 6 (110th Congress, January 5, 2007), and rule X(1)(n) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (116th Congress, January 9, 2019). In subsection (c)(9), the word “ensuring” is substituted for “insuring” for clarity. In subsection (f)(1) (matter before subparagraph (A)), the words “[Committee on] Oversight and Reform” are substituted for “[Committee on] Oversight and Government Reform” on authority of rule X(1)(n) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (116th Congress, January 9, 2019).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Change of Name Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
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||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 409 - Special provisions concerning the Agency for International Development
|
||||
|
||||
## Text
|
||||
|
||||
(a) Definition of Agency for International Development.— As used in this chapter, the term “Agency for International Development” includes any successor agency primarily responsible for administering part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.).
|
||||
|
||||
(b) Members of Foreign Service.— In addition to the officers and employees provided for in section 406(a)(7) of this title, members of the Foreign Service may, at the request of the Inspector General of the Agency for International Development, be assigned as employees of the Inspector General. Members of the Foreign Service so assigned shall be responsible solely to the Inspector General, and the Inspector General (or the Inspector General’s designee) shall prepare the performance evaluation reports for the members assigned as employees of the Inspector General.
|
||||
|
||||
(c) Field Offices.— In establishing and staffing field offices pursuant to section 406(d) of this title, the Administrator of the Agency for International Development shall not be bound by overseas personnel ceilings.
|
||||
|
||||
(d) Additional Officer.— The Inspector General of the Agency for International Development shall be in addition to the officers provided for in section 624(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2384(a)).
|
||||
|
||||
(Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat. 4227.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 409(a)5 U.S.C. App. (IGA § 8A(f))Pub. L. 95–452, § 8A(f), formerly (h), as added Pub. L. 97–113, title VII, § 705(a)(3), Dec. 29, 1981, 95 Stat. 1545; redesignated (f), Pub. L. 105–277, div. G, subdiv. A, title XIV, § 1422(b)(2)(C), Oct. 21, 1998, 112 Stat. 2681–792. 409(b)5 U.S.C. App. (IGA § 8A(c))Pub. L. 95–452, § 8A(c), formerly (d), as added Pub. L. 97–113, title VII, § 705(a)(3), Dec. 29, 1981, 95 Stat. 1545; redesignated (c), Pub. L. 105–277, div. G, subdiv. A, title XIV, § 1422(b)(2)(C), Oct. 21, 1998, 112 Stat. 2681–792. 409(c)5 U.S.C. App. (IGA § 8A(d))Pub. L. 95–452, § 8A(d), formerly (e), as added Pub. L. 97–113, title VII, § 705(a)(3), Dec. 29, 1981, 95 Stat. 1545; redesignated (d), Pub. L. 105–277, div. G, subdiv. A, title XIV, § 1422(b)(2)(C), Oct. 21, 1998, 112 Stat. 2681–792; Pub. L. 114–317, § 7(d)(2)(E), Dec. 16, 2016, 130 Stat. 1606. 409(d)5 U.S.C. App. (IGA § 8A(e))Pub. L. 95–452, § 8A(e), formerly (g), as added Pub. L. 97–113, title VII, § 705(a)(3), Dec. 29, 1981, 95 Stat. 1545; redesignated (e), Pub. L. 105–277, div. G, subdiv. A, title XIV, § 1422(b)(2)(C), Oct. 21, 1998, 112 Stat. 2681–792. In subsection (b), the reference to “section 406(a)(7) of this title” is substituted for “section 6(a)(6) of this Act” for clarity and to correct an error in the law. In the source law (section 8A(c) of the Inspector General Act of 1978), the reference to “section 6(a)(6) of this Act” is incorrect. Section 6(a)(6) of the Inspector General Act of 1978 was redesignated as section 6(a)(7) of that Act by section 107(1) of the Inspector General Act Amendments of 1988 (Public Law 100–504, 102 Stat. 2528). In subsection (c), the words “overseas personnel ceilings” are substituted for “overseas personnel ceilings established under the Monitoring Overseas Direct Employment policy” to eliminate obsolete language. The Monitoring Overseas Direct Employment (MODE) policy was superseded by National Security Decision Directive No. 38 (NSDD–38) (June 2, 1982). (See https://www.state.gov/m/pri/nsdd/45148.htm, last visited December 14, 2017).
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Foreign Assistance Act of 1961, referred to in subsec. (a), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Part I of the Act is classified generally to subchapter I (§ 2151 et seq.) of chapter 32 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of Title 22 and Tables.
|
||||
@@ -0,0 +1,41 @@
|
||||
---
|
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|
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 410 - Special provisions concerning the Nuclear Regulatory Commission
|
||||
|
||||
## Text
|
||||
|
||||
(a) Delegation.— 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.
|
||||
|
||||
(b) Personnel.— Notwithstanding paragraphs (7) and (8) of section 406(a) of this title, the Inspector General of the Nuclear Regulatory Commission is authorized to select, appoint, and employ such officers and employees as may be necessary for carrying out the functions, powers, and duties of the Office of Inspector General and to obtain the temporary or intermittent services of experts or consultants or an organization of experts or consultants, subject to the applicable laws and regulations that govern such selections, appointments, and employment, and the obtaining of such services, within the Nuclear Regulatory Commission.
|
||||
|
||||
(Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat. 4228.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 4105 U.S.C. App. (IGA § 8B)Pub. L. 95–452, § 8B, as added Pub. L. 100–504, title I, § 102(f), Oct. 18, 1988, 102 Stat. 2517.
|
||||
@@ -0,0 +1,41 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 411"
|
||||
description: "Special provisions concerning the Federal Deposit Insurance Corporation"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
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|
||||
chapter_number: "4"
|
||||
chapter_name: "INSPECTORS GENERAL"
|
||||
section: "411"
|
||||
citation: "5 U.S.C. § 411"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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|
||||
source_identifier: "/us/usc/t5/s411"
|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 411 - Special provisions concerning the Federal Deposit Insurance Corporation
|
||||
|
||||
## Text
|
||||
|
||||
(a) Delegation.— 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.
|
||||
|
||||
(b) Personnel.— Notwithstanding paragraphs (7) and (8) of section 406(a) of this title, the Inspector General of the Federal Deposit Insurance Corporation may select, appoint, and employ such officers and employees as may be necessary for carrying out the functions, powers, and duties of the Office of Inspector General and may obtain the temporary or intermittent services of experts or consultants or an organization of experts or consultants, subject to the applicable laws and regulations that govern such selections, appointments, and employment, and the obtaining of such services, within the Federal Deposit Insurance Corporation.
|
||||
|
||||
(Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat. 4228.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 4115 U.S.C. App. (IGA § 8C)Pub. L. 95–452, § 8C, as added Pub. L. 103–204, § 23(a)(2), Dec. 17, 1993, 107 Stat. 2407.
|
||||
@@ -0,0 +1,131 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 412"
|
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|
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|
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|
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|
||||
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|
||||
chapter_number: "4"
|
||||
chapter_name: "INSPECTORS GENERAL"
|
||||
section: "412"
|
||||
citation: "5 U.S.C. § 412"
|
||||
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|
||||
release_point: "119-100"
|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 412 - Special provisions concerning the Department of the Treasury
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— (1) Authority of secretary of treasury over certain audits and investigations.— 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).
|
||||
|
||||
(2) Authority of secretary of treasury to prohibit carrying out or completing certain audits and investigations.— With respect to the information described under paragraph (1), the Secretary of the Treasury may prohibit the Inspector General of the Department of the Treasury from carrying out or completing any audit or investigation, from accessing information described in paragraph (1), or from issuing any subpoena, after such Inspector General has decided to initiate, carry out, or complete such audit or investigation, access such information, or to issue such subpoena, if the Secretary determines that such prohibition is necessary to prevent the disclosure of any information described under paragraph (1) or to prevent significant impairment to the national interests of the United States.
|
||||
|
||||
(3) Notification and statement of reasons for exercise of power.— If the Secretary of the Treasury exercises any power under paragraph (1) or (2), the Secretary of the Treasury shall notify the Inspector General of the Department of the Treasury in writing, stating the reasons for such exercise. Within 30 days after receipt of any such notice, the Inspector General of the Department of the Treasury shall transmit a copy of such notice to the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate and the Committee on Oversight and Reform and the Committee on Ways and Means of the House of Representatives, and to other appropriate committees or subcommittees of the Congress.
|
||||
|
||||
(4) Exception relating to treasury inspector general for tax administration.— The Secretary of the Treasury may not exercise any power under paragraph (1) or (2) with respect to the Treasury Inspector General for Tax Administration.
|
||||
|
||||
(b) Oversight Responsibility for Internal Investigations.— (1) In general.— In carrying out the duties and responsibilities specified in this chapter, the Inspector General of the Department of the Treasury shall have oversight responsibility for the internal investigations performed by the Office of Internal Affairs of the Tax and Trade Bureau. The head of such office shall promptly report to the Inspector General of the Department of the Treasury the significant activities being carried out by such office.
|
||||
|
||||
(2) Exercise of duties and responsibilities.— The Inspector General of the Department of the Treasury shall exercise all duties and responsibilities of an Inspector General for the Department of the Treasury other than the duties and responsibilities exercised by the Treasury Inspector General for Tax Administration.
|
||||
|
||||
(3) Establishment of procedures.— The Secretary of the Treasury shall establish procedures under which the Inspector General of the Department of the Treasury and the Treasury Inspector General for Tax Administration will—
|
||||
|
||||
(A) determine how audits and investigations are allocated in cases of overlapping jurisdiction; and
|
||||
|
||||
(B) provide for coordination, cooperation, and efficiency in the conduct of such audits and investigations.
|
||||
|
||||
(c) Audits and Investigations in Department of Treasury.— Notwithstanding subsection (b), the Inspector General of the Department of the Treasury may initiate, conduct and supervise such audits and investigations in the Department of the Treasury (including the bureau referred to in subsection (b)) as the Inspector General of the Department of the Treasury considers appropriate.
|
||||
|
||||
(d) Authority To Provide Written Notice to Tax and Trade Bureau.— If the Inspector General of the Department of the Treasury initiates an audit or investigation under subsection (c) concerning the bureau referred to in subsection (b), the Inspector General of the Department of the Treasury may provide the head of the office of such bureau referred to in subsection (b) with written notice that the Inspector General of the Department of the Treasury has initiated such an audit or investigation. If the Inspector General of the Department of the Treasury issues a notice under the preceding sentence, no other audit or investigation shall be initiated into the matter under audit or investigation by the Inspector General of the Department of the Treasury, and any other audit or investigation of such matter shall cease.
|
||||
|
||||
(e) Treasury Inspector General for Tax Administration.— (1) Access to returns and return information.— The Treasury Inspector General for Tax Administration shall have access to returns and return information, as defined in section 6103(b) of the Internal Revenue Code of 1986 (26 U.S.C. 6103(b)), only in accordance with the provisions of section 6103 of the Internal Revenue Code of 1986 (26 U.S.C. 6103) and this chapter.
|
||||
|
||||
(2) Standardized records and accountings.— The Internal Revenue Service shall maintain the same system of standardized records or accountings of all requests from the Treasury Inspector General for Tax Administration for inspection or disclosure of returns and return information (including the reasons for and dates of such requests), and of returns and return information inspected or disclosed pursuant to such requests, as described under section 6103(p)(3)(A) of the Internal Revenue Code of 1986 (26 U.S.C. 6103(p)(3)(A)). Such system of standardized records or accountings shall also be available for examination in the same manner as provided under section 6103(p)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 6103(p)(3)).
|
||||
|
||||
(3) Safeguards and conditions.— The Treasury Inspector General for Tax Administration shall be subject to the same safeguards and conditions for receiving returns and return information as are described under section 6103(p)(4) of the Internal Revenue Code of 1986 (26 U.S.C. 6103(p)(4)).
|
||||
|
||||
(f) Audit or Investigation Shall Not Affect Final Decision Under Section 6406 of Internal Revenue Code of 1986.— An audit or investigation conducted by the Inspector General of the Department of the Treasury or the Treasury Inspector General for Tax Administration shall not affect a final decision of the Secretary of the Treasury or the Secretary’s delegate under section 6406 of the Internal Revenue Code of 1986 (26 U.S.C. 6406).
|
||||
|
||||
(g) Reports.— (1) Reports to congressional committees.— Any report required to be transmitted by the Secretary of the Treasury to the appropriate committees or subcommittees of the Congress under section 405(e) of this title shall also be transmitted, within the 7-day period specified under such section, to the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate and the Committee on Oversight and Reform and the Committee on Ways and Means of the House of Representatives.
|
||||
|
||||
(2) Reports made by treasury inspector general for tax administration to congressional committees.— Any report made by the Treasury Inspector General for Tax Administration that is required to be transmitted by the Secretary of the Treasury to the appropriate committees or subcommittees of Congress under section 405(e) of this title shall also be transmitted, within the 7-day period specified under such subsection, to the Internal Revenue Service Oversight Board and the Commissioner of Internal Revenue.
|
||||
|
||||
(h) Duties and Responsibilities of Treasury Inspector General for Tax Administration.— The Treasury Inspector General for Tax Administration shall exercise all duties and responsibilities of an Inspector General of an establishment with respect to the Department of the Treasury and the Secretary of the Treasury on all matters relating to the Internal Revenue Service. The Treasury Inspector General for Tax Administration shall have sole authority under this chapter to conduct an audit or investigation of the Internal Revenue Service Oversight Board and the Chief Counsel for the Internal Revenue Service.
|
||||
|
||||
(i) Ability To Lead Large and Complex Organization.— 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.
|
||||
|
||||
(j) Prohibition on Appointment of Employee of Internal Revenue Service to Certain Positions.— 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.
|
||||
|
||||
(k) Additional Duties and Responsibilities.— (1) In general.— In addition to the duties and responsibilities exercised by an inspector general of an establishment, the Treasury Inspector General for Tax Administration—
|
||||
|
||||
(A) shall have the duty to enforce criminal provisions under section 7608(b) of the Internal Revenue Code of 1986 (26 U.S.C. 7608(b));
|
||||
|
||||
(B) in addition to the functions authorized under section 7608(b)(2) of the Internal Revenue Code of 1986 (26 U.S.C. 7608(b)(2)), may carry firearms;
|
||||
|
||||
(C) shall be responsible for protecting the Internal Revenue Service against external attempts to corrupt or threaten employees of the Internal Revenue Service, but shall not be responsible for the conducting of background checks and the providing of protection to the Commissioner of Internal Revenue; and
|
||||
|
||||
(D) may designate any employee in the Office of the Treasury Inspector General for Tax Administration to enforce such laws and perform such functions referred to under subparagraphs (A), (B), and (C).
|
||||
|
||||
(2) Reporting violations.— (A) Reporting reasonable grounds to believe a violation of federal criminal law occurred.— In performing a law enforcement function under paragraph (1), the Treasury Inspector General for Tax Administration shall report any reasonable grounds to believe there has been a violation of Federal criminal law to the Attorney General at an appropriate time as determined by the Treasury Inspector General for Tax Administration, notwithstanding section 404(d) of this title.
|
||||
|
||||
(B) Reporting problems, abuses, or deficiencies.— In the administration of section 405(e) of this title and subsection (g)(2) of this section, the Secretary of the Treasury may transmit the required report with respect to the Treasury Inspector General for Tax Administration at an appropriate time as determined by the Secretary, if the problem, abuse, or deficiency relates to—
|
||||
|
||||
(i) the performance of a law enforcement function under paragraph (1); and
|
||||
|
||||
(ii) sensitive information concerning matters under subsection (a)(1)(A) through (F).
|
||||
|
||||
(3) Limitation.— Nothing in this subsection shall be construed to affect the authority of any other person to carry out or enforce any provision specified in paragraph (1).
|
||||
|
||||
(l) Request for Audit or Investigation Relating to Internal Revenue Service.— (1) In general.— The Commissioner of Internal Revenue or the Internal Revenue Service Oversight Board may request, in writing, the Treasury Inspector General for Tax Administration to conduct an audit or investigation relating to the Internal Revenue Service. If the Treasury Inspector General for Tax Administration determines not to conduct such audit or investigation, the Inspector General shall timely provide a written explanation for such determination to the person making the request.
|
||||
|
||||
(2) Reports.— (A) Final report of audit.— Any final report of an audit conducted by the Treasury Inspector General for Tax Administration shall be timely submitted by the Inspector General to the Commissioner of Internal Revenue and the Internal Revenue Service Oversight Board.
|
||||
|
||||
(B) Periodic list of investigations for which final report completed.— The Treasury Inspector General for Tax Administration shall periodically submit to the Commissioner and Board a list of investigations for which a final report has been completed by the Inspector General and shall provide a copy of any such report upon request of the Commissioner or Board.
|
||||
|
||||
(C) Applicability.— This paragraph applies regardless of whether the applicable audit or investigation is requested under paragraph (1).
|
||||
|
||||
(Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat. 4229.)
|
||||
|
||||
## Notes
|
||||
|
||||
Amendments Not Shown in TextThis section was derived from section 8D of the Inspector General Act of 1978, Pub. L. 95–452, which was set out in the former Appendix to this title, and as it existed as of Oct. 19, 2021. Section 8D of Pub. L. 95–452 was amended by Pub. L. 117–263, div. E, title LII, § 5272(4), Dec. 23, 2022, 136 Stat. 3240, prior to being repealed and reenacted as this section by Pub. L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4229, 4361. For applicability of those amendments to this section, see section 5(b) of Pub. L. 117–286, set out in a Transitional and Savings Provisions note preceding section 101 of this title. Section 8D of Pub. L. 95–452 was amended as follows: (1) in subsection (a)(3), by striking “Committees on Governmental Affairs and Finance of the Senate and the Committees on Government Operations and Ways and Means of the House of Representatives, and to other appropriate committees or subcommittees of the Congress” and inserting “appropriate congressional committees, including the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives”; and (2) in subsection (g)— (A) in paragraph (1)— (i) by striking “committees or subcommittees of the Congress” and inserting “congressional committees”; and (ii) by striking “Committees on Governmental Affairs and Finance of the Senate and the Committees on Government Reform and Oversight and Ways and Means of the House of Representatives” and inserting “Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives”; and (B) in paragraph (2), by striking “committees or subcommittees of Congress” and inserting “congressional committees”. Text directed to be stricken in subsections (a)(3) and (g)(1) did not appear exactly as quoted in the text enacted by Pub. L. 117–286. See Historical and Revision notes below. For definition of “appropriate congressional committees” as seen in the above amendments by Pub. L. 117–263, see Amendments Not Shown in Text note set out under section 401 of this title.
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 4125 U.S.C. App. (IGA § 8D)Pub. L. 95–452, § 8D, formerly § 8C, as added Pub. L. 100–504, title I, § 102(f), Oct. 18, 1988, 102 Stat. 2518; renumbered § 8D, Pub. L. 103–204, § 23(a)(3), Dec. 17, 1993, 107 Stat. 2408; amended Pub. L. 105–206, title I, § 1103(b), (e)(1), (2), July 22, 1998, 112 Stat. 705, 709; Pub. L. 107–296, title XI, § 1112(a)(1), Nov. 25, 2002, 116 Stat. 2275; Pub. L. 108–7, div. L, § 104(c)(2), Feb. 20, 2003, 117 Stat. 531; Pub. L. 109–177, title VI, § 605(e)(3), Mar. 9, 2006, 120 Stat. 255; Pub. L. 110–409, § 14(b), Oct. 14, 2008, 122 Stat. 4316; Pub. L. 112–199, title I, § 117(b), Nov. 27, 2012, 126 Stat. 1475; Pub. L. 114–317, §§ 6(2), 7(d)(3)(C), Dec. 16, 2016, 130 Stat. 1604, 1606. In subsection (a)(3) and subsection (g)(1), the words “[Committee] on Homeland Security and Governmental Affairs [of the Senate]” are substituted for “[Committee] on Governmental Affairs of the Senate” on authority of Senate Resolution No. 445, 108th Congress, October 9, 2004 (effective January 4, 2005). In subsection (a)(3), the words “Committee on Oversight and Reform [of the House of Representatives]” are substituted for “[Committee on] Government Operations [of the House of Representatives]” on authority of section 1(a) of Public Law 104–14 (2 U.S.C. note prec. 21), House Resolution No. 5 (106th Congress, January 6, 1999), House Resolution No. 6 (110th Congress, January 5, 2007), and rule X(1)(n) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (116th Congress, January 9, 2019). In subsection (g)(1), the words “Committee on Oversight and Reform” are substituted for “[Committee on] Government Reform and Oversight” on authority of rule X(1)(n) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (116th Congress, January 9, 2019).
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Presidential Protection Assistance Act of 1976, referred to in subsec. (a)(1)(F), is Pub. L. 94–524, Oct. 17, 1976, 90 Stat. 2475, which enacted and amended provisions set out as notes under section 3056 of Title 18, Crimes and Criminal Procedure. For complete classification of this Act to the Code, see Tables.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Change of Name Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
|
||||
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|
||||
---
|
||||
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|
||||
title: "5 U.S.C. § 414"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_name: "INSPECTORS GENERAL"
|
||||
section: "414"
|
||||
citation: "5 U.S.C. § 414"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s414"
|
||||
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|
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raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
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text_hash: "0712791d36a95a38027a4a924d6b4416382bc5c218e7c4d23be94a2bc82a3fc7"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 414 - Special provisions concerning the Corporation for National and Community Service
|
||||
|
||||
## Text
|
||||
|
||||
(a) Personnel.— Notwithstanding the provisions of paragraphs (7) and (8) of section 406(a) of this title, it is within the exclusive jurisdiction of the Inspector General of the Corporation for National and Community Service to—
|
||||
|
||||
(1) appoint and determine the compensation of such officers and employees in accordance with section 195(b) of the National and Community Service Act of 1990 (42 U.S.C. 12651f(b)); and
|
||||
|
||||
(2) procure the temporary and intermittent services of and compensate such experts and consultants, in accordance with section 3109(b) of this title,
|
||||
|
||||
as may be necessary to carry out the functions, powers, and duties of the Inspector General.
|
||||
|
||||
(b) Reports to Board of Directors.— Not later than the date on which the Chief Executive Officer of the Corporation for National and Community Service transmits any report to the Congress under subsection (b) or (c) of section 405 of this title, the Chief Executive Officer shall transmit such report to the Board of Directors of such Corporation.
|
||||
|
||||
(c) Review of Audit Reports by Board of Directors.— Not later than the date on which the Chief Executive Officer of the Corporation for National and Community Service transmits a report described under section 405(c) of this title to the Board of Directors as provided under subsection (b) of this section, the Chief Executive Officer shall also transmit any audit report which is described in the statement required under section 405(c)(4) to the Board of Directors. All such audit reports shall be placed on the agenda for review at the next scheduled meeting of the Board of Directors following such transmittal. The Chief Executive Officer of the Corporation shall be present at such meeting to provide any information relating to such audit reports.
|
||||
|
||||
(d) Report of Problem, Abuse, or Deficiency to Board of Directors.— Not later than the date on which the Inspector General of the Corporation for National and Community Service reports a problem, abuse, or deficiency under section 405(e) of this title to the Chief Executive Officer of the Corporation, the Chief Executive Officer shall report such problem, abuse, or deficiency to the Board of Directors.
|
||||
|
||||
(Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat. 4235.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 4145 U.S.C. App. (IGA § 8F)Pub. L. 95–452, § 8F, formerly § 8E, as added Pub. L. 103–82, title II, § 202(g)(1), Sept. 21, 1993, 107 Stat. 889; renumbered § 8F, Pub. L. 103–204, § 23(a)(3), Dec. 17, 1993, 107 Stat. 2408; amended Pub. L. 111–13, title IV, § 4101, Apr. 21, 2009, 123 Stat. 1597.
|
||||
File diff suppressed because one or more lines are too long
@@ -0,0 +1,119 @@
|
||||
---
|
||||
type: "LegalText"
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---
|
||||
|
||||
# 5 U.S.C. § 416 - Additional provisions with respect to Inspectors General of the intelligence community
|
||||
|
||||
## Text
|
||||
|
||||
(a) Definitions.— In this section:
|
||||
|
||||
(1) Intelligence committees.— The term “intelligence committees” means the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
|
||||
|
||||
(2) Urgent concern.— The term “urgent concern” means any of the following:
|
||||
|
||||
(A) A serious or flagrant problem, abuse, violation of law or Executive order, or deficiency relating to the funding, administration, or operations of an intelligence activity involving classified information, but does not include differences of opinions concerning public policy matters.
|
||||
|
||||
(B) A false statement to Congress, or a willful withholding from Congress, on an issue of material fact relating to the funding, administration, or operation of an intelligence activity.
|
||||
|
||||
(C) An action, including a personnel action described in section 2302(a)(2)(A) of this title constituting reprisal or threat of reprisal prohibited under section 407(c) of this title in response to an employee’s reporting an urgent concern in accordance with this section.
|
||||
|
||||
(3) Employee.— The term “employee” includes a former employee or former contractor, if the complaint or information reported pursuant to this section arises from or relates to the period during which the former employee or former contractor was an employee or contractor, as the case may be.
|
||||
|
||||
(4) Intelligence community.— The term “intelligence community” has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
|
||||
|
||||
(b) Complaint or Information With Respect to Urgent Concern.— (1) To whom reports may be made; support for written submission.— (A) Inspector general of department of defense.— An employee of the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Reconnaissance Office, or the National Security Agency, or of a contractor of any of those Agencies, who intends to report to Congress a complaint or information with respect to an urgent concern may report the complaint or information in writing to the Inspector General of the Department of Defense (or designee).
|
||||
|
||||
(B) Inspector general of intelligence community.— An employee of an element of the intelligence community, an employee assigned or detailed to an element of the intelligence community, or an employee of a contractor to the intelligence community, who intends to report to Congress a complaint or information with respect to an urgent concern may report such complaint or information in writing to the Inspector General of the Intelligence Community.
|
||||
|
||||
(C) Inspector general of department of justice.— An employee of the Federal Bureau of Investigation, or of a contractor of the Bureau, who intends to report to Congress a complaint or information with respect to an urgent concern may report the complaint or information in writing to the Inspector General of the Department of Justice (or designee).
|
||||
|
||||
(D) Other appropriate inspector general.— Any other employee of, or contractor to, an executive agency, or element or unit thereof, determined by the President under section 2302(a)(2)(C)(ii) of this title, to have as its principal function the conduct of foreign intelligence or counterintelligence activities, who intends to report to Congress a complaint or information with respect to an urgent concern may report the complaint or information in writing to the appropriate Inspector General (or designee) under this chapter, section 17 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517), or section 103H(k) of the National Security Act of 1947 (50 U.S.C. 3033(k)).
|
||||
|
||||
(E) Support for written submission.— The Inspector General shall—
|
||||
|
||||
(i) provide reasonable support necessary to ensure that an employee can submit a complaint or information under this paragraph in writing; and
|
||||
|
||||
(ii) if such submission is not feasible, shall create a written record of the employee’s verbal complaint or information and treat such written record as a written submission.
|
||||
|
||||
(2) Designee to report complaint or information to inspector general within 7 days.— If a designee of an Inspector General under this section receives a complaint or information of an employee with respect to an urgent concern, that designee shall report the complaint or information to the Inspector General within 7 calendar days of receipt.
|
||||
|
||||
(3) Designees of inspector general of department of defense.— The Inspectors General of the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Reconnaissance Office, and the National Security Agency shall be designees of the Inspector General of the Department of Defense for purposes of this section.
|
||||
|
||||
(c) Initial Determinations and Transmittals.— (1) Credibility.— In accordance with paragraph (2), the Inspector General shall determine whether a complaint or information reported under subsection (b) appears credible. Upon making such a determination, the Inspector General shall transmit to the head of the establishment notice of that determination, together with the complaint or information.
|
||||
|
||||
(2) Deadline for compliance.— The Inspector General shall make the determination under paragraph (1) with respect to a complaint or information reported under subsection (b) not later than the end of the 14-calendar-day period beginning on the date on which the employee who reported the complaint or information confirms to the Inspector General the intent of the employee to report to Congress that complaint or information.
|
||||
|
||||
(3) Conflict of interest.— If the head of an establishment determines that a complaint or information transmitted under paragraph (1) would create a conflict of interest for the head of the establishment, the head of the establishment shall return the complaint or information to the Inspector General with that determination and the Inspector General shall make the transmission to the Director of National Intelligence and, if the establishment is within the Department of Defense, to the Secretary of Defense. In such a case, the requirements of this section for the head of the establishment apply to each recipient of the Inspector General’s transmission.
|
||||
|
||||
(d) Forwarding Transmittals.— Upon receipt of a transmittal from the Inspector General under subsection (c), the head of the establishment shall, within 7 calendar days of such receipt, forward such transmittal to the intelligence committees, together with any comments the head of the establishment considers appropriate.
|
||||
|
||||
(e) Submitting Complaint or Information to Congress.— (1) In general.— If the Inspector General does not find credible under subsection (c) a complaint or information submitted to the Inspector General under subsection (b), or does not transmit the complaint or information to the head of the establishment in accurate form under subsection (c), the employee (subject to paragraph (2)) may submit the complaint or information to Congress by contacting either or both of the intelligence committees directly.
|
||||
|
||||
(2) Limitation.— The employee may contact the intelligence committees directly as described in paragraph (1) only if the employee—
|
||||
|
||||
(A) before making such a contact, furnishes to the head of the establishment, through the Inspector General, a statement of the employee’s complaint or information and notice of the employee’s intent to contact the intelligence committees directly; and
|
||||
|
||||
(B) obtains and follows from the head of the establishment, through the Inspector General, direction on how to contact the intelligence committees in accordance with appropriate security practices.
|
||||
|
||||
(3) Intelligence committee receipt of complaint or information.— A member or employee of one of the intelligence committees who receives a complaint or information under paragraph (1) does so in that member or employee’s official capacity as a member or employee of that committee.
|
||||
|
||||
(f) Notification.— The Inspector General shall notify an employee who reports a complaint or information under this section of each action taken under this section with respect to the complaint or information. Such notice shall be provided not later than 3 days after any such action is taken.
|
||||
|
||||
(g) No Judicial Review.— An action taken by the head of an establishment or an Inspector General under subsections (b) through (f) shall not be subject to judicial review.
|
||||
|
||||
(h) Notice of Submission and Date.— An individual who has submitted a complaint or information to an Inspector General under this section may notify any member of the Permanent Select Committee on Intelligence of the House of Representatives or the Select Committee on Intelligence of the Senate, or a staff member of either such Committee, of the fact that such individual has made a submission to that particular Inspector General, and of the date on which such submission was made.
|
||||
|
||||
(i) Protection for Individuals Making Authorized Disclosures.— (1) Disclosure.— An individual may disclose classified information to an Inspector General of an element of the intelligence community in accordance with the applicable security standards and procedures established under section 102A or 803 of the National Security Act of 1947 (50 U.S.C. 3024, 3162a), chapter 12 of the Atomic Energy Act of 1954 (42 U.S.C. 2161 et seq.), Executive Order 13526 (50 U.S.C. 3161 note; relating to Classified National Security Information), or any applicable provision of law.
|
||||
|
||||
(2) Disclosure without clearance or authority.— (A) Treatment.— A disclosure under paragraph (1) of classified information made by an individual without appropriate clearance or authority to access such classified information at the time of the disclosure, but that is otherwise made in accordance with applicable security standards and procedures, shall be treated as an authorized disclosure that does not violate a covered provision.
|
||||
|
||||
(B) Rule of construction.— Nothing in subparagraph (A) may be construed to limit or modify the obligation of an individual to appropriately store, handle, or disseminate classified information in accordance with applicable security guidance and procedures, including with respect to the removal or retention of classified information.
|
||||
|
||||
(C) Covered provision defined.— In this paragraph, the term “covered provision” means—
|
||||
|
||||
(i) any otherwise applicable nondisclosure agreement;
|
||||
|
||||
(ii) any otherwise applicable regulation or order issued under the authority of chapter 18 of the Atomic Energy Act of 1954 (42 U.S.C. 2271 et seq.) or Executive Order 13526;
|
||||
|
||||
(iii) section 798 of title 18; or
|
||||
|
||||
(iv) any other provision of law with respect to the unauthorized disclosure of national security information.
|
||||
|
||||
(Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat. 4242; Pub. L. 118–159, div. F, title LXVII, §§ 6701(c), 6702(c), Dec. 23, 2024, 138 Stat. 2512, 2514.)
|
||||
|
||||
## Notes
|
||||
|
||||
Amendments Not Shown in TextThis section was derived from section 8H of the Inspector General Act of 1978, Pub. L. 95–452, which was set out in the former Appendix to this title, and as it existed as of Oct. 19, 2021. Section 8H of Pub. L. 95–452 was amended by Pub. L. 117–103, div. X, title V, § 502(b), Mar. 15, 2022, 136 Stat. 985, and by Pub. L. 117–263, div. F, title LXVI, § 6609(b), Dec. 23, 2022, 136 Stat. 3560, prior to being repealed and reenacted as this section by Pub. L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4242, 4361. For applicability of those amendments to this section, see section 5(b) of Pub. L. 117–286, set out in a Transitional and Savings Provisions note preceding section 101 of this title. Section 8H of Pub. L. 95–452 was amended by Pub. L. 117–103 as follows: (1) in subsection (h)(1) [restated as subsection (a)(2) of this section], by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively (and indenting such clauses accordingly); (2) by redesignating subsection (h)(1) and (2) [restated as subsection (a)(2) and (1) of this section, respectively] as subparagraphs (A) and (B), respectively (and indenting such subparagraphs accordingly); (3) in the matter preceding subparagraph (A), as redesignated, by inserting “(1)” before “In this”; and (4) by adding at the end the following new paragraph: “(2) Within the executive branch, an Inspector General to whom any complaint or information is reported under this section shall have sole authority to determine whether the complaint or information is a matter of urgent concern under this section.” Section 8H of Pub. L. 95–452 was amended by Pub. L. 117–263 in subsection (h)(1)(A)(i) by striking “involving” and all that follows through “policy matters.” and inserting “of the Federal Government that is— “(I) a matter of national security; and “(II) not a difference of opinion concerning public policy matters.” Subsection (h)(1)(A)(i) of former section 8H of Pub. L. 95–452 was restated by Pub. L. 117–286 as subsection (a)(2)(A) of this section.
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 4165 U.S.C. App. (IGA § 8H)Pub. L. 95–452, § 8H, as added Pub. L. 105–272, title VII, § 702(b)(1), Oct. 20, 1998, 112 Stat. 2415; amended Pub. L. 107–108, title III, § 309(b), Dec. 28, 2001, 115 Stat. 1400; Pub. L. 107–306, title VIII, § 825, Nov. 27, 2002, 116 Stat. 2429; Pub. L. 110–417, [div. A], title IX, § 931(b)(2), Oct. 14, 2008, 122 Stat. 4575; Pub. L. 111–259, title IV, § 431(b), Oct. 7, 2010, 124 Stat. 2731; Pub. L. 113–126, title III, § 310, title VI, § 603(a), July 7, 2014, 128 Stat. 1398, 1420; Pub. L. 116–92, div. E, title LXVII, § 6726(c), Dec. 20, 2019, 133 Stat. 2236.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Atomic Energy Act of 1954, referred to in subsec. (i)(1), (2)(C)(ii), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919. Chapters 12 and 18 of the Act are classified generally to subchapters XI (§ 2161 et seq.) and XVII (§ 2271 et seq.), respectively, of division A of chapter 23 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 42 and Tables. Executive Order 13526, referred to in subsec. (i)(1), (2)(C)(ii), is Ex. Ord. No. 13526, Dec. 29, 2009, 75 F.R. 707, 1013, which is set out as a note under section 3161 of Title 50, War and National Defense.
|
||||
|
||||
Amendments2024—Subsec. (a)(3). Pub. L. 118–159, § 6701(c)(1), added par. (3). Subsec. (a)(4). Pub. L. 118–159, § 6702(c)(1), added par. (4). Subsec. (b)(1). Pub. L. 118–159, § 6701(c)(2)(A), (B), inserted “; support for written submission” after “made” in heading and “in writing” after “may report the complaint or information” wherever appearing in text. Subsec. (b)(1)(B). Pub. L. 118–159, § 6701(c)(2)(C), inserted “in writing” after “such complaint or information”. Subsec. (b)(1)(E). Pub. L. 118–159, § 6701(c)(2)(D), added subpar. (E). Subsec. (c). Pub. L. 118–159, § 6701(c)(3), added pars. (1) and (2), redesignated former par. (2) as (3), and struck out former par. (1) which required the Inspector General to determine the credibility of the complaint or information. Subsec. (i). Pub. L. 118–159, § 6702(c)(2), added subsec. (i).
|
||||
@@ -0,0 +1,109 @@
|
||||
---
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title: "5 U.S.C. § 417"
|
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|
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|
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||||
confidence: "official"
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 417 - Special provisions concerning the Department of Homeland Security
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— (1) Authority of secretary of homeland security over certain audits and investigations.— 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.
|
||||
|
||||
(2) Authority of secretary of homeland security to prohibit carrying out or completing audits or investigations.— With respect to the information described in paragraph (1), the Secretary of Homeland Security may prohibit the Inspector General of the Department of Homeland Security from carrying out or completing any audit or investigation, from accessing information described in paragraph (1), or from issuing any subpoena, after such Inspector General has decided to initiate, carry out, or complete such audit or investigation, access such information, or to issue such subpoena, if the Secretary determines that such prohibition is necessary to prevent the disclosure of any information described in paragraph (1), to preserve the national security, or to prevent a significant impairment to the interests of the United States.
|
||||
|
||||
(3) Notification of exercise of power.— If the Secretary of Homeland Security exercises any power under paragraph (1) or (2), the Secretary shall notify the Inspector General of the Department of Homeland Security in writing within 7 days, stating the reasons for such exercise. Within 30 days after receipt of any such notice, the Inspector General shall transmit to the President of the Senate, the Speaker of the House of Representatives, and appropriate committees and subcommittees of Congress the following—
|
||||
|
||||
(A) a copy of such notice; and
|
||||
|
||||
(B) a written response to such notice that includes a statement regarding whether the Inspector General agrees or disagrees with such exercise, and the reasons for any disagreement.
|
||||
|
||||
(b) Not a Limitation on Congressional Access to Information.— The exercise of authority by the Secretary described in subsection (a)(2) should not be construed as limiting the right of Congress or any committee of Congress to access any information it seeks.
|
||||
|
||||
(c) Authority of Inspector General To Initiate, Conduct, and Supervise Audits and Investigations.— Subject to the conditions established in subsections (a) and (b), in carrying out the duties and responsibilities specified in this chapter, the Inspector General of the Department of Homeland Security may initiate, conduct, and supervise such audits and investigations in the Department of Homeland Security as the Inspector General considers appropriate.
|
||||
|
||||
(d) Reports.— Any report required to be transmitted by the Secretary of Homeland Security to the appropriate committees or subcommittees of Congress under section 405(e) of this title shall be transmitted, within the 7-day period specified in section 405(e) of this title, to the President of the Senate, the Speaker of the House of Representatives, and appropriate committees and subcommittees of Congress.
|
||||
|
||||
(e) Oversight Responsibility.— Notwithstanding any other provision of law, in carrying out the duties and responsibilities specified in this chapter, the Inspector General of the Department of Homeland Security shall have oversight responsibility for the internal investigations performed by the Office of Internal Affairs of the United States Customs Service, the Office of Inspections of the United States Secret Service, the Bureau of Border Security, and the Bureau of Citizenship and Immigration Services. The head of each such office or bureau shall promptly report to the Inspector General the significant activities being carried out by such office or bureau.
|
||||
|
||||
(f) Designated Senior Official.— (1) In general.— The Inspector General of the Department of Homeland Security shall designate a senior official within the Office of Inspector General, who shall be a career member of the civil service at the equivalent to the GS–15 level or a career member of the Senior Executive Service, to perform the functions described in paragraph (2).
|
||||
|
||||
(2) Functions.— The senior official designated under paragraph (1) shall—
|
||||
|
||||
(A) coordinate the activities of the Office of Inspector General with respect to investigations of abuses of civil rights or civil liberties;
|
||||
|
||||
(B) receive and review complaints and information from any source alleging abuses of civil rights and civil liberties by employees or officials of the Department and employees or officials of independent contractors or grantees of the Department;
|
||||
|
||||
(C) initiate investigations of alleged abuses of civil rights or civil liberties by employees or officials of the Department and employees or officials of independent contractors or grantees of the Department;
|
||||
|
||||
(D) ensure that personnel within the Office of Inspector General receive sufficient training to conduct effective civil rights and civil liberties investigations;
|
||||
|
||||
(E) consult with the Officer for Civil Rights and Civil Liberties regarding—
|
||||
|
||||
(i) alleged abuses of civil rights or civil liberties; and
|
||||
|
||||
(ii) any policy recommendations regarding civil rights and civil liberties that may be founded upon an investigation by the Office of Inspector General;
|
||||
|
||||
(F) provide the Officer for Civil Rights and Civil Liberties with information regarding the outcome of investigations of alleged abuses of civil rights and civil liberties;
|
||||
|
||||
(G) refer civil rights and civil liberties matters that the Inspector General decides not to investigate to the Officer for Civil Rights and Civil Liberties;
|
||||
|
||||
(H) ensure that the Office of the Inspector General publicizes and provides convenient public access to information regarding—
|
||||
|
||||
(i) the procedure to file complaints or comments concerning civil rights and civil liberties matters; and
|
||||
|
||||
(ii) the status of corrective actions taken by the Department in response to Office of the Inspector General reports; and
|
||||
|
||||
(I) inform the Officer for Civil Rights and Civil Liberties of any weaknesses, problems, and deficiencies within the Department relating to civil rights or civil liberties.
|
||||
|
||||
(Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat. 4244.)
|
||||
|
||||
## Notes
|
||||
|
||||
Amendments Not Shown in TextThis section was derived from section 8I of the Inspector General Act of 1978, Pub. L. 95–452, which was set out in the former Appendix to this title, and as it existed as of Oct. 19, 2021. Section 8I of Pub. L. 95–452 was amended by Pub. L. 117–263, div. E, title LII, § 5272(7), Dec. 23, 2022, 136 Stat. 3241, prior to being repealed and reenacted as this section by Pub. L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4244, 4361. For applicability of those amendments to this section, see section 5(b) of Pub. L. 117–286, set out in a Transitional and Savings Provisions note preceding section 101 of this title. Section 8I of Pub. L. 95–452 was amended as follows: (1) in subsection (a)(3), in the matter preceding subparagraph (A), by striking “committees and subcommittees of Congress” and inserting “congressional committees”; and (2) in subsection (d), by striking “committees and subcommittees of Congress” each place it appears and inserting “congressional committees”. For definition of “appropriate congressional committees”, which would result from application of the above amendments by Pub. L. 117–263, see Amendments Not Shown in Text note set out under section 401 of this title.
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 4175 U.S.C. App. (IGA § 8I)Pub. L. 95–452, § 8I, as added Pub. L. 108–7, div. L, § 104(b)(3), Feb. 20, 2003, 117 Stat. 529; amended Pub. L. 108–458, title VIII, § 8304, Dec. 17, 2004, 118 Stat. 3868; Pub. L. 109–177, title VI, § 605(e)(4), Mar. 9, 2006, 120 Stat. 255; Pub. L. 114–317, § 6(5), Dec. 16, 2016, 130 Stat. 1604. In subsection (b), the reference to “subsection (a)(2)” is substituted for “paragraph (2)” for clarity and to correct an error in the law.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Presidential Protection Assistance Act of 1976, referred to in subsec. (a)(1)(E), is Pub. L. 94–524, Oct. 17, 1976, 90 Stat. 2475, which enacted and amended provisions set out as notes under section 3056 of Title 18, Crimes and Criminal Procedure. For complete classification of this Act to the Code, see Tables. GS–15, referred to in subsec. (f)(1), is contained in the General Schedule, which is set out under section 5332 of this title.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Review of Departmental Contracts Awarded Through Means Other Than Full and Open CompetitionPub. L. 113–6, div. D, title V, § 520(d), Mar. 26, 2013, 127 Stat. 370, provided that: “In addition to the requirements established by subsections (a), (b), and (c) of this section [127 Stat. 369, 370], the Inspector General of the Department of Homeland Security shall review departmental contracts awarded through means other than a full and open competition to assess departmental compliance with applicable laws and regulations: Provided, That the Inspector General shall review selected contracts awarded in the previous 3 fiscal years through means other than a full and open competition: Provided further, That in selecting which contracts to review, the Inspector General shall consider the cost and complexity of the goods and services to be provided under the contract, the criticality of the contract to fulfilling Department missions, past performance problems on similar contracts or by the selected vendor, complaints received about the award process or contractor performance, and such other factors as the Inspector General deems relevant: Provided further, That the Inspector General shall report the results of the reviews to the Committees on Appropriations of the Senate and the House of Representatives no later than February 4, 2015, and every 3 years thereafter.”
|
||||
|
||||
Report on Data CollectionPub. L. 110–329, div. D, title V, § 518(b), Sept. 30, 2008, 122 Stat. 3684, provided that: “The Inspector General shall provide to the Committees on Appropriations of the Senate and the House of Representatives, starting six months after the date of enactment of this Act [Sept. 30, 2008], and quarterly thereafter, a classified report containing a review of the data collected by the National Applications Office, including a description of the collection purposes and the legal authority under which the collection activities were authorized: Provided, That the report shall also include a listing of all data collection activities carried out on behalf of the National Applications Office by any component of the National Guard.”
|
||||
@@ -0,0 +1,39 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 418"
|
||||
description: "Rule of construction of special provisions"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
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|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "4"
|
||||
chapter_name: "INSPECTORS GENERAL"
|
||||
section: "418"
|
||||
citation: "5 U.S.C. § 418"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 418 - Rule of construction of special provisions
|
||||
|
||||
## Text
|
||||
|
||||
The special provisions under section 408, 409, 410, 411, 412, 413, 414, 416, or 421 of this title relate only to the establishment named in such section and no inference shall be drawn from the presence or absence of a provision in any such section with respect to an establishment not named in such section or with respect to a designated Federal entity as defined under section 415(a) of this title.
|
||||
|
||||
(Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat. 4247.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 4185 U.S.C. App. (IGA § 8J)Pub. L. 95–452, § 8J, formerly § 8F, as added Pub. L. 100–504, title I, § 105, Oct. 18, 1988, 102 Stat. 2525; renumbered § 8G and amended Pub. L. 103–82, title II, § 202(g)(1), (5)(B), Sept. 21, 1993, 107 Stat. 889, 890; renumbered § 8H, Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 662(b)(3)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–380; Pub. L. 105–206, title I, § 1103(e)(3), July 22, 1998, 112 Stat. 709; renumbered § 8I and amended Pub. L. 105–272, title VII, § 702(b), Oct. 20, 1998, 112 Stat. 2415; renumbered § 8J, Pub. L. 108–7, div. L, § 104(b)(2), Feb. 20, 2003, 117 Stat. 529; Pub. L. 114–317, § 6(6), Dec. 16, 2016, 130 Stat. 1604.
|
||||
File diff suppressed because one or more lines are too long
@@ -0,0 +1,65 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 420"
|
||||
description: "Information on websites of Offices of Inspectors General"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "4"
|
||||
chapter_name: "INSPECTORS GENERAL"
|
||||
section: "420"
|
||||
citation: "5 U.S.C. § 420"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s420"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
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|
||||
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text_hash: "b869342bc64e8bd833e2c090b3a93ccbe210f1657ff6ef08a5cc1ed4cea422d3"
|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 420 - Information on websites of Offices of Inspectors General
|
||||
|
||||
## Text
|
||||
|
||||
(a) Direct Links to Inspectors General Offices.— (1) In general.— Each Federal agency and designated Federal entity shall establish and maintain on the homepage of the website of that Federal agency or designated Federal entity, a direct link to the website of the Office of the Inspector General of that Federal agency or designated Federal entity.
|
||||
|
||||
(2) Accessibility.— The direct link under paragraph (1) shall be obvious and facilitate accessibility to the website of the Office of the Inspector General.
|
||||
|
||||
(b) Requirements for Inspectors General Websites.— (1) Posting of reports and audits.— The Inspector General of each Federal agency and designated Federal entity shall—
|
||||
|
||||
(A) not later than 3 days after any audit report, inspection report, or evaluation report (or portion of any such report) is submitted in final form to the head of the Federal agency or the head of the designated Federal entity, as applicable, post that report (or portion of that report) on the website of the Office of Inspector General; and
|
||||
|
||||
(B) ensure that any posted report (or portion of that report) described under subparagraph (A)—
|
||||
|
||||
(i) is easily accessible from a direct link on the homepage of the website of the Office of the Inspector General;
|
||||
|
||||
(ii) includes a summary of the findings of the Inspector General; and
|
||||
|
||||
(iii) is in a format that—
|
||||
|
||||
(I) is searchable and downloadable; and
|
||||
|
||||
(II) facilitates printing by individuals of the public accessing the website.
|
||||
|
||||
(2) Reporting of fraud, waste, and abuse.— (A) In general.— The Inspector General of each Federal agency and designated Federal entity shall establish and maintain a direct link on the homepage of the website of the Office of the Inspector General for individuals to report fraud, waste, and abuse. Individuals reporting fraud, waste, or abuse using the direct link established under this paragraph shall not be required to provide personally identifying information relating to that individual.
|
||||
|
||||
(B) Anonymity.— The Inspector General of each Federal agency and designated Federal entity shall not disclose the identity of any individual making a report under this paragraph without the consent of the individual unless the Inspector General determines that such a disclosure is unavoidable during the course of the investigation.
|
||||
|
||||
(3) Rule of construction.— Nothing in this subsection shall be construed as authorizing an Inspector General to publicly disclose information otherwise prohibited from disclosure by law.
|
||||
|
||||
(c) Definitions.— In this section, the terms “designated Federal entity” and “head of the designated Federal entity” have the meanings given those terms in section 415(a) of this title.
|
||||
|
||||
(Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat. 4251.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 4205 U.S.C. App. (IGA § 8M)Pub. L. 95–452, § 8M, formerly § 8L, as added Pub. L. 110–409, § 13(a), Oct. 14, 2008, 122 Stat. 4315; renumbered § 8M, Pub. L. 112–239, div. A, title VIII, § 848(1), Jan. 2, 2013, 126 Stat. 1851; amended Pub. L. 114–317, §§ 4(e), 7(b)(1)(A), (c), Dec. 16, 2016, 130 Stat. 1602, 1605, 1606.
|
||||
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|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
chapter_name: "INSPECTORS GENERAL"
|
||||
section: "421"
|
||||
citation: "5 U.S.C. § 421"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s421"
|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 421 - Additional provisions with respect to the Department of Energy
|
||||
|
||||
## Text
|
||||
|
||||
(a) Authority To Prohibit Access to Certain Materials.— The Secretary of Energy may prohibit the Inspector General of the Department of Energy from accessing Restricted Data and nuclear safeguards information protected from disclosure under chapter 12 of the Atomic Energy Act of 1954 (42 U.S.C. 2161 et seq.) and intelligence or counterintelligence, as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003), if the Secretary of Energy determines that the prohibition is necessary to protect the national security or prevent the significant impairment to the national security interests of the United States.
|
||||
|
||||
(b) Notification to Inspector General and Statement to Congress.— Not later than 7 days after the date on which the Secretary of Energy exercises any power authorized under subsection (a), the Secretary shall notify the Inspector General of the Department of Energy in writing of the reasons for such exercise. Within 30 days after receipt of any such notice, the Inspector General of the Department of Energy shall submit to the appropriate committees of Congress a statement concerning such exercise.
|
||||
|
||||
(Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat. 4252.)
|
||||
|
||||
## Notes
|
||||
|
||||
Amendments Not Shown in TextThis section was derived from section 8N of the Inspector General Act of 1978, Pub. L. 95–452, which was set out in the former Appendix to this title, and as it existed as of Oct. 19, 2021. Section 8N of Pub. L. 95–452 was amended by Pub. L. 117–263, div. E, title LII, § 5272(8), Dec. 23, 2022, 136 Stat. 3241, prior to being repealed and reenacted as this section by Pub. L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4252, 4361. For applicability of those amendments to this section, see section 5(b) of Pub. L. 117–286, set out in a Transitional and Savings Provisions note preceding section 101 of this title. Section 8N of Pub. L. 95–452 was amended in subsection (b) by striking “committees of Congress” and inserting “congressional committees”. For definition of “appropriate congressional committees”, which would result from application of the amendment by Pub. L. 117–263, see Amendments Not Shown in Text note set out under section 401 of this title.
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 4215 U.S.C. App. (IGA § 8N)Pub. L. 95–452, § 8N, as added Pub. L. 114–317, § 6(7), Dec. 16, 2016, 130 Stat. 1604.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Atomic Energy Act of 1954, referred to in subsec. (a), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919. Chapter 12 of the Act is classified generally to subchapter XI (§ 2161 et seq.) of chapter 23 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 42 and Tables.
|
||||
@@ -0,0 +1,127 @@
|
||||
---
|
||||
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|
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|
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||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "4"
|
||||
chapter_name: "INSPECTORS GENERAL"
|
||||
section: "422"
|
||||
citation: "5 U.S.C. § 422"
|
||||
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|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 422 - Transfer of functions
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— There shall be transferred—
|
||||
|
||||
(1) to the Office of Inspector General—
|
||||
|
||||
(A) of the Department of Agriculture, the offices of that department referred to as the “Office of Investigation” and the “Office of Audit”;
|
||||
|
||||
(B) of the Department of Commerce, the offices of that department referred to as the “Office of Audits” and the “Investigations and Inspections Staff” and that portion of the office referred to as the “Office of Investigations and Security” which has responsibility for investigation of alleged criminal violations and program abuse;
|
||||
|
||||
(C) of the Department of Defense, the offices of that department referred to as the “Defense Audit Service” and the “Office of Inspector General, Defense Logistics Agency”, and that portion of the office of that department referred to as the “Defense Investigative Service” which has responsibility for the investigation of alleged criminal violations;
|
||||
|
||||
(D) of the Department of Education, all functions of the Inspector General of Health, Education, and Welfare or of the Office of Inspector General of Health, Education, and Welfare relating to functions transferred by section 301 of the Department of Education Organization Act (20 U.S.C. 3441);
|
||||
|
||||
(E) of the Department of Energy, the Office of Inspector General (as established by section 208 of the Department of Energy Organization Act);
|
||||
|
||||
(F) of the Department of Health and Human Services, the Office of Inspector General (as established by title II of Public Law 94–505);
|
||||
|
||||
(G) of the Department of Housing and Urban Development, the office of that department referred to as the “Office of Inspector General”;
|
||||
|
||||
(H) of the Department of the Interior, the office of that department referred to as the “Office of Audit and Investigation”;
|
||||
|
||||
(I) of the Department of Justice—
|
||||
|
||||
(i) the offices of that Department referred to as—
|
||||
|
||||
(I) the “Audit Staff, Justice Management Division”;
|
||||
|
||||
(II) the “Policy and Procedures Branch, Office of the Comptroller, Immigration and Naturalization Service”, the “Office of Professional Responsibility, Immigration and Naturalization Service”, and the “Office of Program Inspections, Immigration and Naturalization Service”;
|
||||
|
||||
(III) the “Office of Internal Inspection, United States Marshals Service”; and
|
||||
|
||||
(IV) the “Financial Audit Section, Office of Financial Management, Bureau of Prisons” and the “Office of Inspections, Bureau of Prisons”; and
|
||||
|
||||
(ii) from the Drug Enforcement Administration, that portion of the “Office of Inspections” which is engaged in internal audit activities, and that portion of the “Office of Planning and Evaluation” which is engaged in program review activities;
|
||||
|
||||
(J) of the Department of Labor, the office of that department referred to as the “Office of Special Investigations”;
|
||||
|
||||
(K) of the Department of Transportation, the offices of that department referred to as the “Office of Investigations and Security” and the “Office of Audit” of the Department, the “Offices of Investigations and Security, Federal Aviation Administration”, and “External Audit Divisions, Federal Aviation Administration”, the “Investigations Division and the External Audit Division of the Office of Program Review and Investigation, Federal Highway Administration”, and the “Office of Program Audits, Federal Transit Administration”;
|
||||
|
||||
(L) (i) of the Department of the Treasury, the office of that department referred to as the “Office of Inspector General”, and, notwithstanding any other provision of law, that portion of each of the offices of that department referred to as the “Office of Internal Affairs, Tax and Trade Bureau”, the “Office of Internal Affairs, United States Customs Service”, and the “Office of Inspections, United States Secret Service” which is engaged in internal audit activities; and
|
||||
|
||||
(ii) of the Treasury Inspector General for Tax Administration, effective 180 days after July 22, 1998, the Office of Chief Inspector of the Internal Revenue Service;
|
||||
|
||||
(M) of the Environmental Protection Agency, the offices of that agency referred to as the “Office of Audit” and the “Security and Inspection Division”;
|
||||
|
||||
(N) of the Federal Emergency Management Agency, the office of that agency referred to as the “Office of Inspector General”;
|
||||
|
||||
(O) of the General Services Administration, the offices of that agency referred to as the “Office of Audits” and the “Office of Investigations”;
|
||||
|
||||
(P) of the National Aeronautics and Space Administration, the offices of that agency referred to as the “Management Audit Office” and the “Office of Inspections and Security”;
|
||||
|
||||
(Q) of the Nuclear Regulatory Commission, the office of that commission referred to as the “Office of Inspector and Auditor”;
|
||||
|
||||
(R) of the Office of Personnel Management, the offices of that agency referred to as the “Office of Inspector General”, the “Insurance Audits Division, Retirement and Insurance Group”, and the “Analysis and Evaluation Division, Administration Group”;
|
||||
|
||||
(S) of the Railroad Retirement Board, the Office of Inspector General (as established by section 23 of the Railroad Retirement Act of 1974);
|
||||
|
||||
(T) of the Small Business Administration, the office of that agency referred to as the “Office of Audits and Investigations”;
|
||||
|
||||
(U) of the Department of Veterans Affairs, the offices of that department referred to as the “Office of Audits” and the “Office of Investigations”;
|
||||
|
||||
(V) of the Corporation for National and Community Service, the Office of Inspector General of ACTION; and
|
||||
|
||||
(W) of the Social Security Administration, the functions of the Inspector General of the Department of Health and Human Services which are transferred to the Social Security Administration by the Social Security Independence and Program Improvements Act of 1994 (other than functions performed pursuant to section 105(a)(2) of such Act), except that such transfers shall be made in accordance with the provisions of such Act and shall not be subject to subsections (b) through (d) of this section; and
|
||||
|
||||
(2) to the Office of the Inspector General, such other offices or agencies, or functions, powers, or duties thereof, as the head of the establishment involved may determine are properly related to the functions of the Office and would, if so transferred, further the purposes of this chapter,
|
||||
|
||||
except that there shall not be transferred to an Inspector General under paragraph (2) program operating responsibilities.
|
||||
|
||||
(b) Related Transfers.— The personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available or to be made available, of any office or agency the functions, powers, and duties of which are transferred under subsection (a) are hereby transferred to the applicable Office of Inspector General.
|
||||
|
||||
(c) Personnel.— Personnel transferred pursuant to subsection (b) shall be transferred in accordance with applicable laws and regulations relating to the transfer of functions except that the classification and compensation of such personnel shall not be reduced for one year after such transfer.
|
||||
|
||||
(d) Lapse of Office or Agency and Compensation for Transferred Positions With Comparable Duties.— In any case in which all the functions, powers, and duties of any office or agency are transferred pursuant to this subsection, such office or agency shall lapse. Any person who, on October 1, 1978, held a position compensated in accordance with the General Schedule, and who, without a break in service, is appointed in an Office of Inspector General to a position having duties comparable to those performed immediately preceding such appointment shall continue to be compensated in the new position at not less than the rate provided for the previous position, for the duration of service in the new position.
|
||||
|
||||
(Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat. 4252.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 4225 U.S.C. App. (IGA § 9)Pub. L. 95–452, § 9, Oct. 12, 1978, 92 Stat. 1107; Pub. L. 96–88, title V, § 508(n)(2), Oct. 17, 1979, 93 Stat. 694; Pub. L. 97–252, title XI, § 1117(a)(2), (3), Sept. 8, 1982, 96 Stat. 750; Pub. L. 100–504, title I, § 102(d), Oct. 18, 1988, 102 Stat. 2516; Pub. L. 103–82, title II, § 202(g)(3)(A), Sept. 21, 1993, 107 Stat. 890; Pub. L. 103–296, title I, § 108(l)(1), Aug. 15, 1994, 108 Stat. 1488; Pub. L. 105–206, title I, § 1103(c)(1), July 22, 1998, 112 Stat. 708; Pub. L. 107–189, § 22(c), June 14, 2002, 116 Stat. 708; Pub. L. 107–296, title XI, § 1112(a)(2), Nov. 25, 2002, 116 Stat. 2276. In subsection (a)(1)(K), the words “Federal Transit Administration” are substituted for “Urban Mass Transportation Administration” because of section 3004(b) of the Federal Transit Act Amendments of 1991 (Public Law 102–240, title III, 49 U.S.C. 107 note). In subsection (a)(1)(L)(ii), the date “July 22, 1998” is substituted for “the date of the enactment of the Internal Revenue Service Restructuring and Reform Act of 1998” for clarity. In subsection (a)(1)(U), the words “Department of Veterans Affairs” are substituted for “Veterans’ Administration”, and the words “that department” are substituted for “that agency”, to update obsolete references in the law. In subsection (d), the date “October 1, 1978” is substituted for “the effective date of this Act” for clarity and to reflect the effective date of the Inspector General Act of 1978.
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Editorial Notes
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References in TextSection 208 of the Department of Energy Organization Act, referred to in subsec. (a)(1)(E), is section 208 of Pub. L. 95–91, title II, Aug. 4, 1977, 91 Stat. 575, which was classified to section 7138 of Title 42, The Public Health and Welfare, and was repealed by Pub. L. 100–504, title I, § 102(e)(1)(A), Oct. 18, 1988, 102 Stat. 2517. Title II of Public Law 94–505, referred to in subsec. (a)(1)(F), is title II of Pub. L. 94–505, Oct. 15, 1976, 90 Stat. 2429, which was classified generally to sections 3521 to 3527 of Title 42, The Public Health and Welfare, and was repealed by Pub. L. 100–504, title I, § 102(e)(2), Oct. 18, 1988, 102 Stat. 2517. Section 23 of the Railroad Retirement Act of 1974, referred to in subsec. (a)(1)(S), is section 23 of act Aug. 29, 1935, ch. 812, as added, which was classified to section 231v of Title 45, Railroads, and was repealed by Pub. L. 100–504, title I, § 102(e)(3), Oct. 18, 1988, 102 Stat. 2517. The Social Security Independence and Program Improvements 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 complete classification of this Act to the Code, see Short Title of 1994 Amendment note set out under section 1305 of Title 42 and Tables.
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Statutory Notes and Related Subsidiaries
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||||
|
||||
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.
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||||
|
||||
Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related 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 November 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 Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally 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, including the functions of the Secretary of the Treasury relating 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 Reorganization 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 AdministrationPub. L. 105–206, title I, § 1103(c)(2)–(4), July 22, 1998, 112 Stat. 708, provided that: “(2) Termination of Office of Chief Inspector.—Effective upon the transfer of functions under the amendment 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 terminated. “(3) Retention of Certain Internal Audit Personnel.—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 management 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 Office of the Inspector General of the Department of the Treasury to the Office of the Treasury Inspector General for Tax Administration.”
|
||||
|
||||
Continuation of Service of Certain Inspectors GeneralPub. 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 Department of Energy, the Department of Health and Human Services, or the Railroad Retirement Board, shall continue 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 DefensePub. L. 97–252, title XI, § 1117(e), Sept. 8, 1982, 96 Stat. 753, provided that: “In addition to the positions transferred to the Office of the Inspector General of the Department 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 positions. The Inspector General of the Department of Defense shall fill such positions with persons trained to perform contract audits.”
|
||||
@@ -0,0 +1,51 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_name: "INSPECTORS GENERAL"
|
||||
section: "423"
|
||||
citation: "5 U.S.C. § 423"
|
||||
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|
||||
release_point: "119-100"
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||||
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|
||||
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||||
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||||
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|
||||
confidence: "official"
|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 423 - Pay of Inspectors General
|
||||
|
||||
## Text
|
||||
|
||||
(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(f) 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.
|
||||
|
||||
(Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat. 4255.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 423(a)5 U.S.C. App. (IGA § 3) notePub. 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) notePub. L. 110–409, § 4(b)(1), Oct. 14, 2008, 122 Stat. 4303. 423(c)5 U.S.C. App. (IGA § 3) notePub. 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 GeneralPub. 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 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.”
|
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Reference in New Issue
Block a user