US Codex
U.S.C.
Notes

§401. Definitions — Inbound Citations

5 U.S.C. § 401

Cited by 612 provisions in release 119-102.

Citations to 5 U.S.C. § 401 as a whole

  • 5 U.S.C. § 403(e)
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    (e) The annual rate of basic pay for an Inspector General (as defined under section 401 of this title) shall be the rate payable for level III of the Executive Schedule under section 5314 of this title, plus 3 percent.
  • 5 U.S.C. § 403(f)
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    (f) An Inspector General (as defined under section 401 or 415(a) of this title) may not receive any cash award or cash bonus, including any cash award under chapter 45 of this title.
  • 5 U.S.C. § 404(b)(2)
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    (2) 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.
  • 5 U.S.C. § 415(a)
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    (a) Notwithstanding section 401 of this title, in this section:
    (A) The term “designated Federal entity” means Amtrak, the Appalachian Regional Commission, the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection, the Committee for Purchase From People Who Are Blind or Severely Disabled, the Commodity Futures Trading Commission, the Consumer Product Safety Commission, the Corporation for Public Broadcasting, the Defense Intelligence Agency, the Denali Commission, the Equal Employment Opportunity Commission, the Farm Credit Administration, the Federal Election Commission, the Election Assistance Commission, the Federal Labor Relations Authority, the Federal Maritime Commission, the Federal Trade Commission, the Legal Services Corporation, the National Archives and Records Administration, the National Credit Union Administration, the National Endowment for the Arts, the National Endowment for the Humanities, the National Geospatial-Intelligence Agency, the National Labor Relations Board, the National Science Foundation, the Peace Corps, the Pension Benefit Guaranty Corporation, the Securities and Exchange Commission, the Smithsonian Institution, the United States International Development Finance Corporation, the United States International Trade Commission, the Postal Regulatory Commission, and the United States Postal Service.
    (B) Effective at the beginning of the first fiscal year after a fiscal year for which Amtrak receives no Federal subsidy, subparagraph (A) is amended by striking “Amtrak,”.
    (2) The term “Federal entity” means any Government corporation (within the meaning of section 103(1) of this title), any Government controlled corporation (within the meaning of section 103(2) of this title), or any other entity in the executive branch of the Government, or any independent regulatory agency, but does not include—
    (A) an establishment (as defined under section 401 of this title) or part of an establishment;
    (B) a designated Federal entity (as defined under paragraph (1) of this subsection) or part of a designated Federal entity;
    (C) the Executive Office of the President;
    (D) the Central Intelligence Agency;
    (E) the Government Accountability Office; or
    (F) any entity in the judicial or legislative branches of the Government, including the Administrative Office of the United States Courts and the Architect of the Capitol and any activities under the direction of the Architect of the Capitol.
    (3) The term “head of the designated Federal entity” means the board or commission of the designated Federal entity, or in the event the designated Federal entity does not have a board or commission, any person or persons designated by statute as the head of a designated Federal entity and if no such designation exists, the chief policymaking officer or board of a designated Federal entity as identified in the list published pursuant to subsection (h)(1) of this section, except that—
    (A) with respect to the National Science Foundation, such term means the National Science Board;
    (B) with respect to the United States Postal Service, such term means the Governors (within the meaning of section 102(3) of title 39);
    (C) with respect to the Federal Labor Relations Authority, such term means the members of the Authority (described under section 7104 of this title);
    (D) with respect to the Committee for Purchase From People Who Are Blind or Severely Disabled, such term means the Chairman of the Committee for Purchase From People Who Are Blind or Severely Disabled;
    (E) with respect to the National Archives and Records Administration, such term means the Archivist of the United States;
    (F) with respect to the National Credit Union Administration, such term means the National Credit Union Administration Board (described under section 102 of the Federal Credit Union Act (12 U.S.C. 1752a));
    (G) with respect to the National Endowment of the Arts, such term means the National Council on the Arts;
    (H) with respect to the National Endowment for the Humanities, such term means the National Council on the Humanities;
    (I) with respect to the Peace Corps, such term means the Director of the Peace Corps; and
    (J) with respect to the United States International Development Finance Corporation, such term means the Board of Directors of the United States International Development Finance Corporation.
    (4) The term “head of the Federal entity” means any person or persons designated by statute as the head of a Federal entity, and if no such designation exists, the chief policymaking officer or board of a Federal entity as identified in the list published pursuant to subsection (h)(1) of this section.
    (5) The term “Inspector General” means an Inspector General of a designated Federal entity.
    (6) The term “Office of Inspector General” means an Office of Inspector General of a designated Federal entity.
  • 5 U.S.C. § 415(a)(2)(A)
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    (A) an establishment (as defined under section 401 of this title) or part of an establishment;
  • 5 U.S.C. § 423(a)(1)
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    (1) 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.
  • 5 U.S.C. § 8440(a)(1)
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    (1) the Thrift Savings Fund shall be treated as a trust described in section 401(a) of such Code which is exempt from taxation under section 501(a) of such Code;
  • 5 U.S.C. § 8440(a)(3)
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    (3) subject to section 401(k)(4)(B) of such Code and any dollar limitation on the application of section 402(a)(8) of such Code, contributions to the Thrift Savings Fund shall not be treated as distributed or made available to an employee or Member nor as a contribution made to the Fund by an employee or Member merely because the employee or Member has, under the provisions of this subchapter and section 8351 of this title, an election whether the contribution will be made to the Thrift Savings Fund or received by the employee or Member in cash.
  • 22 U.S.C. § 3929(e)(1)
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    (1) The Inspector General shall have the same authority in carrying out the provisions of this section as is granted under section 406 of title 5 to each Inspector General of an establishment (as defined in section 401 of title 5) for carrying out the provisions of chapter 4 of title 5, and the responsibilities of other officers of the Government to the Inspector General shall be the same as the responsibilities of the head of an agency or establishment under section 406(c) and (d) of title 5.
  • 31 U.S.C. § 1105(a)(25)
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    (25) a separate appropriation account for appropriations for each Office of Inspector General of an establishment defined under section 401 of title 5.
  • 31 U.S.C. § 3801(a)(1)(C)
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    (C) an establishment (as such term is defined in section 401 of title 5) which is not an executive department;

Citations to §401(1)

Citations to §401(2)

  • 5 U.S.C. § 404(a)(4)
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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—
    (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
    (B) the identification and prosecution of participants in fraud or abuse referred to in subparagraph (A); and
  • 5 U.S.C. § 406(a)(4)
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    (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 U.S.C. § 406(c)(1)
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    (1) 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.
  • 5 U.S.C. § 419(d)(2)(C)
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    (C) To review and ascertain the accuracy of information provided by Federal agencies relating to obligations and expenditures, costs of programs and projects, accountability of funds, and the award and execution of major contracts, grants, and agreements in support of the contingency operation.
  • 5 U.S.C. § 420(a)(1)
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    (1) 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.
  • 5 U.S.C. § 420(b)(1)
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    (1) 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.
  • 5 U.S.C. § 420(b)(1)(A)
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    (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
  • 5 U.S.C. § 420(b)(2)(A)
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    (A) 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.
  • 5 U.S.C. § 420(b)(2)(B)
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    (B) 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.
  • 5 U.S.C. § 424(c)(3)(A)(ii)
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    (ii) upon the authorization of the Executive Chairperson, any Federal agency or designated Federal entity (as defined in section 415(a) of this title) which has a member on the Council shall fund or participate in the funding of such activities.
  • 5 U.S.C. § 552a(a)(10)
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    (10) the term “non-Federal agency” means any State or local government, or agency thereof, which receives records contained in a system of records from a source agency for use in a matching program;
  • 5 U.S.C. § 552a(e)(12)
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    (12) if such agency is a recipient agency or a source agency in a matching program with a non-Federal agency, with respect to any establishment or revision of a matching program, at least 30 days prior to conducting such program, publish in the Federal Register notice of such establishment or revision.
  • 5 U.S.C. § 552a(o)(1)
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    (1) No record which is contained in a system of records may be disclosed to a recipient agency or non-Federal agency for use in a computer matching program except pursuant to a written agreement between the source agency and the recipient agency or non-Federal agency specifying—
    (A) the purpose and legal authority for conducting the program;
    (B) the justification for the program and the anticipated results, including a specific estimate of any savings;
    (C) a description of the records that will be matched, including each data element that will be used, the approximate number of records that will be matched, and the projected starting and completion dates of the matching program;
    (D) procedures for providing individualized notice at the time of application, and notice periodically thereafter as directed by the Data Integrity Board of such agency (subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection (v)), to—
    (i) applicants for and recipients of financial assistance or payments under Federal benefit programs, and
    (ii) applicants for and holders of positions as Federal personnel,
    that any information provided by such applicants, recipients, holders, and individuals may be subject to verification through matching programs;
    (E) procedures for verifying information produced in such matching program as required by subsection (p);
    (F) procedures for the retention and timely destruction of identifiable records created by a recipient agency or non-Federal agency in such matching program;
    (G) procedures for ensuring the administrative, technical, and physical security of the records matched and the results of such programs;
    (H) prohibitions on duplication and redisclosure of records provided by the source agency within or outside the recipient agency or the non-Federal agency, except where required by law or essential to the conduct of the matching program;
    (I) procedures governing the use by a recipient agency or non-Federal agency of records provided in a matching program by a source agency, including procedures governing return of the records to the source agency or destruction of records used in such program;
    (J) information on assessments that have been made on the accuracy of the records that will be used in such matching program; and
    (K) that the Comptroller General may have access to all records of a recipient agency or a non-Federal agency that the Comptroller General deems necessary in order to monitor or verify compliance with the agreement.
  • 5 U.S.C. § 552a(o)(1)(F)
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    (F) procedures for the retention and timely destruction of identifiable records created by a recipient agency or non-Federal agency in such matching program;
  • 5 U.S.C. § 552a(o)(1)(H)
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    (H) prohibitions on duplication and redisclosure of records provided by the source agency within or outside the recipient agency or the non-Federal agency, except where required by law or essential to the conduct of the matching program;
  • 5 U.S.C. § 552a(o)(1)(I)
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    (I) procedures governing the use by a recipient agency or non-Federal agency of records provided in a matching program by a source agency, including procedures governing return of the records to the source agency or destruction of records used in such program;
  • 5 U.S.C. § 552a(o)(1)(K)
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    (K) that the Comptroller General may have access to all records of a recipient agency or a non-Federal agency that the Comptroller General deems necessary in order to monitor or verify compliance with the agreement.
  • 5 U.S.C. § 552a(p)(1)
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    (1) In order to protect any individual whose records are used in a matching program, no recipient agency, non-Federal agency, or source agency may suspend, terminate, reduce, or make a final denial of any financial assistance or payment under a Federal benefit program to such individual, or take other adverse action against such individual, as a result of information produced by such matching program, until—
    (i) the agency has independently verified the information; or
    (ii) the Data Integrity Board of the agency, or in the case of a non-Federal agency the Data Integrity Board of the source agency, determines in accordance with guidance issued by the Director of the Office of Management and Budget that—
    (I) the information is limited to identification and amount of benefits paid by the source agency under a Federal benefit program; and
    (II) there is a high degree of confidence that the information provided to the recipient agency is accurate;
    (B) the individual receives a notice from the agency containing a statement of its findings and informing the individual of the opportunity to contest such findings; and
    (i) the expiration of any time period established for the program by statute or regulation for the individual to respond to that notice; or
    (ii) in the case of a program for which no such period is established, the end of the 30-day period beginning on the date on which notice under subparagraph (B) is mailed or otherwise provided to the individual.
  • 5 U.S.C. § 552a(p)(1)(A)(ii)
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    (ii) the Data Integrity Board of the agency, or in the case of a non-Federal agency the Data Integrity Board of the source agency, determines in accordance with guidance issued by the Director of the Office of Management and Budget that—
    (I) the information is limited to identification and amount of benefits paid by the source agency under a Federal benefit program; and
    (II) there is a high degree of confidence that the information provided to the recipient agency is accurate;
  • 5 U.S.C. § 552a(q)(1)
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    (1) Notwithstanding any other provision of law, no source agency may disclose any record which is contained in a system of records to a recipient agency or non-Federal agency for a matching program if such source agency has reason to believe that the requirements of subsection (p), or any matching agreement entered into pursuant to subsection (o), or both, are not being met by such recipient agency.
  • 5 U.S.C. § 552a(q)(2)(A)
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    (A) the recipient agency or non-Federal agency has certified that it has complied with the provisions of that agreement; and
  • 5 U.S.C. § 568(b)
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    (b) For purposes of this subchapter, an agency may use the services and facilities of other Federal agencies and public and private agencies and instrumentalities with the consent of such agencies and instrumentalities, and with or without reimbursement to such agencies and instrumentalities, and may accept voluntary and uncompensated services without regard to the provisions of section 1342 of title 31. The Federal Mediation and Conciliation Service may provide services and facilities, with or without reimbursement, to assist agencies under this subchapter, including furnishing conveners, facilitators, and training in negotiated rulemaking.
  • 5 U.S.C. § 573(c)
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    (c) The President shall designate an agency or designate or establish an interagency committee to facilitate and encourage agency use of dispute resolution under this subchapter. Such agency or interagency committee, in consultation with other appropriate Federal agencies and professional organizations experienced in matters concerning dispute resolution, shall—
    (1) encourage and facilitate agency use of alternative means of dispute resolution; and
    (2) develop procedures that permit agencies to obtain the services of neutrals on an expedited basis.
  • 5 U.S.C. § 583
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    For the purposes of this subchapter, an agency may use (with or without reimbursement) the services and facilities of other Federal agencies, State, local, and tribal governments, public and private organizations and agencies, and individuals, with the consent of such agencies, organizations, and individuals. An agency may accept voluntary and uncompensated services for purposes of this subchapter without regard to the provisions of section 1342 of title 31.
  • 5 U.S.C. § 591(1)
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    (1) to provide suitable arrangements through which Federal agencies, assisted by outside experts, may cooperatively study mutual problems, exchange information, and develop recommendations for action by proper authorities to the end that private rights may be fully protected and regulatory activities and other Federal responsibilities may be carried out expeditiously in the public interest;
  • 5 U.S.C. § 595(c)(2)
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    (2) be the official spokesman for the Conference in relations with the several branches and agencies of the Federal Government and with interested organizations and individuals outside the Government, including responsibility for encouraging Federal agencies to carry out the recommendations of the Conference;
  • 5 U.S.C. § 595(c)(11)
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    (11) utilize, with their consent, the services and facilities of Federal agencies and of State and private agencies and instrumentalities with or without reimbursement;
  • 5 U.S.C. § 605(a)
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    (a) Any Federal agency may perform the analyses required by sections 602, 603, and 604 of this title in conjunction with or as a part of any other agenda or analysis required by any other law if such other analysis satisfies the provisions of such sections.
  • 5 U.S.C. § 801(a)(1)(A)
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    (A) Before a rule can take effect, the Federal agency promulgating such rule shall submit to each House of the Congress and to the Comptroller General a report containing—
    (i) a copy of the rule;
    (ii) a concise general statement relating to the rule, including whether it is a major rule; and
    (iii) the proposed effective date of the rule.
  • 5 U.S.C. § 801(a)(1)(B)
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    (B) On the date of the submission of the report under subparagraph (A), the Federal agency promulgating the rule shall submit to the Comptroller General and make available to each House of Congress—
    (i) a complete copy of the cost-benefit analysis of the rule, if any;
    (ii) the agency’s actions relevant to sections 603, 604, 605, 607, and 609;
    (iii) the agency’s actions relevant to sections 202, 203, 204, and 205 of the Unfunded Mandates Reform Act of 1995; and
    (iv) any other relevant information or requirements under any other Act and any relevant Executive orders.
  • 5 U.S.C. § 801(a)(1)(D)
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    (D) For any rule submitted under subparagraph (A), if the Federal agency promulgating the rule, in whole or in part, revokes, suspends, replaces, amends, or otherwise makes the rule ineffective, or the rule is made ineffective for any other reason, the Federal agency shall submit to the Comptroller General a report containing—
    (i) the title of the rule;
    (ii) the Federal Register citation for the rule, if any;
    (iii) the date on which rule was submitted to the Comptroller General; and
    (iv) a description of the provisions of the rule that are being revoked, suspended, replaced, amended, or otherwise made ineffective.
  • 5 U.S.C. § 801(a)(2)(B)
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    (B) Federal agencies shall cooperate with the Comptroller General by providing information relevant to the Comptroller General’s report under subparagraph (A).
  • 5 U.S.C. § 804(1)
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    (1) The term “Federal agency” means any agency as that term is defined in section 551(1).
  • 5 U.S.C. § 808
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    Notwithstanding section 801—

Citations to §401(3)

Citations to §401(4)

  • 5 U.S.C. § 402(a)(1)
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    (1) 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.
  • 5 U.S.C. § 402(a)(2)(A)
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    (A) an Office of Inspector General of the Department of the Treasury; and
  • 5 U.S.C. § 402(a)(2)(B)
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    (B) an Office of Treasury Inspector General for Tax Administration.
  • 5 U.S.C. § 403(a)
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    (a) There shall be at the head of each Office an Inspector General who shall be appointed by the President, by and with the advice and consent of the Senate, without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. Each Inspector General shall report to and be under the general supervision of the head of the establishment involved or, to the extent such authority is delegated, the officer next in rank below such head, but shall not report to, or be subject to supervision by, any other officer of the establishment. Neither the head of the establishment nor the officer next in rank below the head shall prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation, or from issuing any subpoena during the course of any audit or investigation.
  • 5 U.S.C. § 403(b)
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    (b) An Inspector General may be removed from office by the President. If an Inspector General is removed from office or is transferred to another position or location within an establishment, the President shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer. Nothing in this subsection shall prohibit a personnel action otherwise authorized by law, other than transfer or removal.
  • 5 U.S.C. § 403(c)
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    (c) For the purposes of section 7324 of this title, an Inspector General shall not be considered to be an employee who determines policies to be pursued by the United States in the nationwide administration of Federal laws.
  • 5 U.S.C. § 403(d)(1)
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    (1) Each Inspector General shall, in accordance with applicable laws and regulations governing the civil service—
    (A) appoint an Assistant Inspector General for Auditing who shall have the responsibility for supervising the performance of auditing activities relating to programs and operations of the establishment;
    (B) appoint an Assistant Inspector General for Investigations who shall have the responsibility for supervising the performance of investigative activities relating to such programs and operations; and
    (C) designate a Whistleblower Protection Coordinator who shall—
    (i) educate agency employees—
    (I) about prohibitions against retaliation for protected disclosures; and
    (II) who have made or are contemplating making a protected disclosure about the rights and remedies against retaliation for protected disclosures, including—
    (aa) the means by which employees may seek review of any allegation of reprisal, including the roles of the Office of the Inspector General, the Office of Special Counsel, the Merit Systems Protection Board, and any other relevant entities; and
    (bb) general information about the timeliness of such cases, the availability of any alternative dispute mechanisms, and avenues for potential relief;
    (ii) assist the Inspector General in promoting the timely and appropriate handling and consideration of protected disclosures and allegations of reprisal, to the extent practicable, by the Inspector General; and
    (iii) assist the Inspector General in facilitating communication and coordination with the Special Counsel, the Council of the Inspectors General on Integrity and Efficiency, the establishment, Congress, and any other relevant entity regarding the timely and appropriate handling and consideration of protected disclosures, allegations of reprisal, and general matters regarding the implementation and administration of whistleblower protection laws, rules, and regulations.
  • 5 U.S.C. § 403(d)(1)(A)
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    (A) appoint an Assistant Inspector General for Auditing who shall have the responsibility for supervising the performance of auditing activities relating to programs and operations of the establishment;
  • 5 U.S.C. § 403(d)(1)(B)
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    (B) appoint an Assistant Inspector General for Investigations who shall have the responsibility for supervising the performance of investigative activities relating to such programs and operations; and
  • 5 U.S.C. § 403(d)(1)(C)(i)(II)(aa)
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    (aa) the means by which employees may seek review of any allegation of reprisal, including the roles of the Office of the Inspector General, the Office of Special Counsel, the Merit Systems Protection Board, and any other relevant entities; and
  • 5 U.S.C. § 403(d)(1)(C)(ii)
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    (ii) assist the Inspector General in promoting the timely and appropriate handling and consideration of protected disclosures and allegations of reprisal, to the extent practicable, by the Inspector General; and
  • 5 U.S.C. § 403(d)(1)(C)(iii)
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    (iii) assist the Inspector General in facilitating communication and coordination with the Special Counsel, the Council of the Inspectors General on Integrity and Efficiency, the establishment, Congress, and any other relevant entity regarding the timely and appropriate handling and consideration of protected disclosures, allegations of reprisal, and general matters regarding the implementation and administration of whistleblower protection laws, rules, and regulations.
  • 5 U.S.C. § 403(d)(3)
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    (3) The Whistleblower Protection Coordinator shall have direct access to the Inspector General as needed to accomplish the requirements of this subsection.
  • 5 U.S.C. § 403(e)
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    (e) The annual rate of basic pay for an Inspector General (as defined under section 401 of this title) shall be the rate payable for level III of the Executive Schedule under section 5314 of this title, plus 3 percent.
  • 5 U.S.C. § 403(f)
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    (f) An Inspector General (as defined under section 401 or 415(a) of this title) may not receive any cash award or cash bonus, including any cash award under chapter 45 of this title.
  • 5 U.S.C. § 403(g)
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    (g) Each Inspector General shall, in accordance with applicable laws and regulations governing the civil service, obtain legal advice from a counsel either reporting directly to the Inspector General or another Inspector General.
  • 5 U.S.C. § 404(a)
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    (a) 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—
    (1) to provide policy direction for and to conduct, supervise, and coordinate audits and investigations relating to the programs and operations of the establishment;
    (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;
    (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;
    (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—
    (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
    (B) the identification and prosecution of participants in fraud or abuse referred to in subparagraph (A); and
    (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.
  • 5 U.S.C. § 404(b)(1)
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    (1) In carrying out the responsibilities specified in subsection (a)(1), each Inspector General shall—
    (A) comply with standards established by the Comptroller General of the United States for audits of Federal establishments, organizations, programs, activities, and functions;
    (B) establish guidelines for determining when it shall be appropriate to use non-Federal auditors; and
    (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).1
  • 5 U.S.C. § 404(b)(2)
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    (2) 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.
  • 5 U.S.C. § 404(c)
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    (c) 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.
  • 5 U.S.C. § 404(d)
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    (d) 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.
  • 5 U.S.C. § 404(e)(1)
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    (1) 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—
    (A) shall submit the document making a recommendation for corrective action to—
    (i) the head of the establishment;
    (ii) the congressional committees of jurisdiction; and
    (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.
  • 5 U.S.C. § 404(e)(1)(A)(iii)
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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;
  • 5 U.S.C. § 404(e)(1)(C)
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    (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.
  • 5 U.S.C. § 404(e)(2)
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    (2) Nothing in this subsection shall be construed as authorizing an Inspector General to publicly disclose information otherwise prohibited from disclosure by law.
  • 5 U.S.C. § 405(b)
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    (b) Each Inspector General shall, not later than April 30 and October 31 of each year, prepare semiannual reports summarizing the activities of the Office during the immediately preceding 6-month periods ending March 31 and September 30. The reports shall include, but need not be limited to—
    (1) a description of significant problems, abuses, and deficiencies relating to the administration of programs and operations of such establishment disclosed by such activities during the reporting period;
    (2) a description of the recommendations for corrective action made by the Office during the reporting period with respect to significant problems, abuses, or deficiencies identified pursuant to paragraph (1);
    (3) an identification of each significant recommendation described in previous semiannual reports on which corrective action has not been completed;
    (4) a summary of matters referred to prosecutive authorities and the prosecutions and convictions which have resulted;
    (5) a summary of each report made to the head of the establishment under section 406(c)(2) of this title during the reporting period;
    (6) a listing, subdivided according to subject matter, of each audit report, inspection report, and evaluation report issued by the Office during the reporting period and for each report, where applicable, the total dollar value of questioned costs (including a separate category for the dollar value of unsupported costs) and the dollar value of recommendations that funds be put to better use;
    (7) a summary of each particularly significant report;
    (8) statistical tables showing the total number of audit reports, inspection reports, and evaluation reports and the total dollar value of questioned costs (including a separate category for the dollar value of unsupported costs), for reports—
    (A) for which no management decision had been made by the commencement of the reporting period;
    (B) which were issued during the reporting period;
    (C) for which a management decision was made during the reporting period, including—
    (i) the dollar value of disallowed costs; and
    (ii) the dollar value of costs not disallowed; and
    (D) for which no management decision has been made by the end of the reporting period;
    (9) statistical tables showing the total number of audit reports, inspection reports, and evaluation reports and the dollar value of recommendations that funds be put to better use by management, for reports—
    (A) for which no management decision had been made by the commencement of the reporting period;
    (B) which were issued during the reporting period;
    (C) for which a management decision was made during the reporting period, including—
    (i) the dollar value of recommendations that were agreed to by management; and
    (ii) the dollar value of recommendations that were not agreed to by management; and
    (D) for which no management decision has been made by the end of the reporting period;
    (10) a summary of each audit report, inspection report, and evaluation report issued before the commencement of the reporting period—
    (A) for which no management decision has been made by the end of the reporting period (including the date and title of each such report), an explanation of the reasons such management decision has not been made, and a statement concerning the desired timetable for achieving a management decision on each such report;
    (B) for which no establishment comment was returned within 60 days of providing the report to the establishment; and
    (C) for which there are any outstanding unimplemented recommendations, including the aggregate potential cost savings of those recommendations;
    (11) a description and explanation of the reasons for any significant revised management decision made during the reporting period;
    (12) information concerning any significant management decision with which the Inspector General is in disagreement;
    (13) the information described under section 804(b) of the Federal Financial Management Improvement Act of 1996 (Public Law 104–208, §101(f) [title VIII], 31 U.S.C. 3512 note);
    (A) an appendix containing the results of any peer review conducted by another Office of Inspector General during the reporting period; or
    (B) if no peer review was conducted within that reporting period, a statement identifying the date of the last peer review conducted by another Office of Inspector General;
    (15) a list of any outstanding recommendations from any peer review conducted by another Office of Inspector General that have not been fully implemented, including a statement describing the status of the implementation and why implementation is not complete;
    (16) a list of any peer reviews conducted by the Inspector General of another Office of the Inspector General during the reporting period, including a list of any outstanding recommendations made from any previous peer review (including any peer review conducted before the reporting period) that remain outstanding or have not been fully implemented;
    (17) statistical tables showing—
    (A) the total number of investigative reports issued during the reporting period;
    (B) the total number of persons referred to the Department of Justice for criminal prosecution during the reporting period;
    (C) the total number of persons referred to State and local prosecuting authorities for criminal prosecution during the reporting period; and
    (D) the total number of indictments and criminal informations during the reporting period that resulted from any prior referral to prosecuting authorities;
    (18) a description of the metrics used for developing the data for the statistical tables under paragraph (17);
    (19) a report on each investigation conducted by the Office involving a senior Government employee where allegations of misconduct were substantiated, including the name of the senior government official (as defined by the department or agency) if already made public by the Office, and a detailed description of—
    (A) the facts and circumstances of the investigation; and
    (B) the status and disposition of the matter, including—
    (i) if the matter was referred to the Department of Justice, the date of the referral; and
    (ii) if the Department of Justice declined the referral, the date of the declination;
    (A) a detailed description of any instance of whistleblower retaliation, including information about the official found to have engaged in retaliation; and
    (B) what, if any, consequences the establishment actually imposed to hold the official described in subparagraph (A) accountable;
    (21) a detailed description of any attempt by the establishment to interfere with the independence of the Office, including—
    (A) with budget constraints designed to limit the capabilities of the Office; and
    (B) incidents where the establishment has resisted or objected to oversight activities of the Office or restricted or significantly delayed access to information, including the justification of the establishment for such action; and
    (22) detailed descriptions of the particular circumstances of each—
    (A) inspection, evaluation, and audit conducted by the Office that is closed and was not disclosed to the public; and
    (B) investigation conducted by the Office involving a senior Government employee that is closed and was not disclosed to the public.
  • 5 U.S.C. § 405(b)(12)
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    (12) information concerning any significant management decision with which the Inspector General is in disagreement;
  • 5 U.S.C. § 405(b)(14)(A)
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    (A) an appendix containing the results of any peer review conducted by another Office of Inspector General during the reporting period; or
  • 5 U.S.C. § 405(b)(14)(B)
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    (B) if no peer review was conducted within that reporting period, a statement identifying the date of the last peer review conducted by another Office of Inspector General;
  • 5 U.S.C. § 405(b)(15)
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    (15) a list of any outstanding recommendations from any peer review conducted by another Office of Inspector General that have not been fully implemented, including a statement describing the status of the implementation and why implementation is not complete;
  • 5 U.S.C. § 405(b)(16)
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    (16) a list of any peer reviews conducted by the Inspector General of another Office of the Inspector General during the reporting period, including a list of any outstanding recommendations made from any previous peer review (including any peer review conducted before the reporting period) that remain outstanding or have not been fully implemented;
  • 5 U.S.C. § 405(c)
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    (c) Semiannual reports of each Inspector General shall be furnished to the head of the establishment involved not later than April 30 and October 31 of each year and shall be transmitted by the head of the establishment to the appropriate committees or subcommittees of the Congress within 30 days after receipt of the report, together with a report by the head of the establishment containing—
    (1) any comments the head of the establishment determines appropriate;
    (2) statistical tables showing the total number of audit reports, inspection reports, and evaluation reports and the dollar value of disallowed costs, for reports—
    (A) for which final action had not been taken by the commencement of the reporting period;
    (B) on which management decisions were made during the reporting period;
    (C) for which final action was taken during the reporting period, including—
    (i) the dollar value of disallowed costs that were recovered by management through collection, offset, property in lieu of cash, or otherwise; and
    (ii) the dollar value of disallowed costs that were written off by management; and
    (D) for which no final action has been taken by the end of the reporting period;
    (3) statistical tables showing the total number of audit reports, inspection reports, and evaluation reports and the dollar value of recommendations that funds be put to better use by management agreed to in a management decision, for reports—
    (A) for which final action had not been taken by the commencement of the reporting period;
    (B) on which management decisions were made during the reporting period;
    (C) for which final action was taken during the reporting period, including—
    (i) the dollar value of recommendations that were actually completed; and
    (ii) the dollar value of recommendations that management has subsequently concluded should not or could not be implemented or completed; and
    (D) for which no final action has been taken by the end of the reporting period;
    (4) whether the establishment entered into a settlement agreement with the official described in subsection (b)(20)(A), which shall be reported regardless of any confidentiality agreement relating to the settlement agreement;
    (5) information relating to cases under chapter 38 of title 31, including—
    (A) the number of reports submitted by investigating officials to reviewing officials under section 3803(a)(1) of such title;
    (B) actions taken in response to reports described in subparagraph (A), which shall include statistical tables showing—
    (i) pending cases;
    (ii) resolved cases;
    (iii) the average length of time to resolve each case;
    (iv) the number of final agency decisions that were appealed to a district court of the United States or a higher court; and
    (v) if the total number of cases in a report is greater than 2—
    (I) the number of cases that were settled; and
    (II) the total penalty or assessment amount recovered in each case, including through a settlement or compromise; and
    (C) instances in which the reviewing official declined to proceed on a case reported by an investigating official; and
    (6) a statement with respect to audit reports on which management decisions have been made but final action has not been taken, other than audit reports on which a management decision was made within the preceding year, containing—
    (A) a list of such audit reports and the date each such report was issued;
    (B) the dollar value of disallowed costs for each report;
    (C) the dollar value of recommendations that funds be put to better use agreed to by management for each report; and
    (D) an explanation of the reasons final action has not been taken with respect to each audit report,
    except that the statement may exclude any audit reports that are under formal administrative or judicial appeal or upon which management of an establishment has agreed to pursue a legislative solution, but the statement shall identify the number of reports in each category so excluded.
  • 5 U.S.C. § 405(d)
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    (d) Within 60 days of the transmission of the semiannual reports of each Inspector General to Congress, the head of each establishment shall make copies of the report available to the public upon request and at a reasonable cost. Within 60 days after the transmission of the semiannual reports of each establishment head to Congress, the head of each establishment shall make copies of the report available to the public upon request and at a reasonable cost.
  • 5 U.S.C. § 405(e)
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    (e) Each Inspector General shall report immediately to the head of the establishment involved whenever the Inspector General becomes aware of particularly serious or flagrant problems, abuses, or deficiencies relating to the administration of programs and operations of the establishment. The head of the establishment shall transmit any such report to the appropriate committees or subcommittees of Congress within 7 calendar days, together with a report by the head of the establishment containing any comments the establishment head deems appropriate.
  • 5 U.S.C. § 406(a)
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    (a) In addition to the authority otherwise provided by this chapter, each Inspector General, in carrying out the provisions of this chapter, is authorized—
    (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.
  • 5 U.S.C. § 406(a)(1)(A)
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    (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;
  • 5 U.S.C. § 406(a)(1)(B)(i)
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    (i) refers to the Inspector General; and
  • 5 U.S.C. § 406(a)(1)(B)(ii)
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    (ii) limits the right of access of the Inspector General; and
  • 5 U.S.C. § 406(a)(2)
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    (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;
  • 5 U.S.C. § 406(a)(4)
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    (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 U.S.C. § 406(a)(5)
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    (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;
  • 5 U.S.C. § 406(b)
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    (b) Nothing in this section shall be construed as authorizing an Inspector General to publicly disclose information otherwise prohibited from disclosure by law.
  • 5 U.S.C. § 406(c)(1)
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    (1) 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.
  • 5 U.S.C. § 406(c)(2)
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    (2) 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.
  • 5 U.S.C. § 406(e)(1)(A)(i)
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    (i) each Office of Inspector General shall be considered to be a separate agency; and
  • 5 U.S.C. § 406(e)(1)(A)(ii)
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    (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.
  • 5 U.S.C. § 406(e)(2)
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    (2) 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,”.
  • 5 U.S.C. § 406(f)(1)
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    (1) 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.
  • 5 U.S.C. § 406(f)(1)(B)
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    (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
  • 5 U.S.C. § 406(f)(2)(A)
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    (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;
  • 5 U.S.C. § 406(f)(3)
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    (3) 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.
  • 5 U.S.C. § 406(f)(5)(A)
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    (A) 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).
  • 5 U.S.C. § 406(f)(7)
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    (7) 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.
  • 5 U.S.C. § 406(f)(9)
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    (9) In this subsection, the term “Inspector General” means an Inspector General appointed under section 403 of this title or an Inspector General appointed under section 415 of this title.
  • 5 U.S.C. § 406(g)(1)
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    (1) 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.
  • 5 U.S.C. § 406(g)(2)(A)
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    (A) an aggregate request for the Inspector General;
  • 5 U.S.C. § 406(g)(2)(B)
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    (B) amounts for Inspector General training;
  • 5 U.S.C. § 406(g)(2)(D)
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    (D) any comments of the affected Inspector General with respect to the proposal.
  • 5 U.S.C. § 406(g)(3)(B)
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    (B) the amount requested by the President for each Inspector General;
  • 5 U.S.C. § 406(g)(3)(E)
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    (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.
  • 5 U.S.C. § 406(h)(1)
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    (1) 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.
  • 5 U.S.C. § 406(h)(3)(A)
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    (A) 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.
  • 5 U.S.C. § 406(h)(3)(B)
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    (B) 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.
  • 5 U.S.C. § 406(h)(4)
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    (4) 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.
  • 5 U.S.C. § 406(i)
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    (i) Subsections (a)(1)(C) and (h) shall not apply to requests from the Inspector General of the Department of Justice.
  • 5 U.S.C. § 406(j)(2)
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    (2) 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.
  • 5 U.S.C. § 406(j)(3)
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    (3) 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.
  • 5 U.S.C. § 406(k)
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    (k) 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.
  • 5 U.S.C. § 407(a)
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    (a) 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.
  • 5 U.S.C. § 407(b)
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    (b) 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.
  • 5 U.S.C. § 407(c)
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    (c) 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.
  • 5 U.S.C. § 408(a)
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    (a) A member of the Armed Forces, active or reserve, shall not be appointed Inspector General of the Department of Defense.
  • 5 U.S.C. § 408(b)(1)
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    (1) Notwithstanding the last two sentences of section 403(a) of this title, the Inspector General shall be under the authority, direction, and control of the Secretary of Defense with respect to audits or investigations, or the issuance of subpoenas, which require access to information concerning—
    (A) sensitive operational plans;
    (B) intelligence matters;
    (C) counterintelligence matters;
    (D) ongoing criminal investigations by other administrative units of the Department of Defense related to national security; or
    (E) other matters the disclosure of which would constitute a serious threat to national security.
  • 5 U.S.C. § 408(b)(2)
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    (2) 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.
  • 5 U.S.C. § 408(b)(3)
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    (3) 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.
  • 5 U.S.C. § 408(c)
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    (c) 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.
  • 5 U.S.C. § 408(c)(2)
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    (2) initiate, conduct, and supervise such audits and investigations in the Department of Defense (including the military departments) as the Inspector General considers appropriate;
  • 5 U.S.C. § 408(c)(4)
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    (4) investigate fraud, waste, and abuse uncovered as a result of other contract and internal audits, as the Inspector General considers appropriate;
  • 5 U.S.C. § 408(d)
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    (d) 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.
  • 5 U.S.C. § 408(f)(1)
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    (1) 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).
  • 5 U.S.C. § 408(g)
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    (g) The provisions of section 1385 of title 18,1 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.
  • 5 U.S.C. § 408(h)(1)
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    (1) 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.
  • 5 U.S.C. § 408(h)(2)(A)
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    (A) Notwithstanding section 140(b) of title 10, the General Counsel is the chief legal officer of the Office of the Inspector General.
  • 5 U.S.C. § 408(h)(2)(B)
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    (B) The Inspector General is the exclusive legal client of the General Counsel.
  • 5 U.S.C. § 408(h)(2)(C)
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    (C) The General Counsel shall perform such functions as the Inspector General may prescribe.
  • 5 U.S.C. § 408(h)(2)(D)
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    (D) The General Counsel shall serve at the discretion of the Inspector General.
  • 5 U.S.C. § 408(h)(3)
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    (3) 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.
  • 5 U.S.C. § 408(i)(1)
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    (1) 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.
  • 5 U.S.C. § 408(i)(3)
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    (3) The Inspector General shall notify the Attorney General 7 days before issuing any subpoena under this section.
  • 5 U.S.C. § 409(b)
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    (b) 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.
  • 5 U.S.C. § 409(d)
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    (d) 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)).
  • 5 U.S.C. § 410(b)
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    (b) 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.
  • 5 U.S.C. § 411(b)
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    (b) 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.
  • 5 U.S.C. § 412(a)(1)
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    (1) Notwithstanding the 2d sentence and last sentence of section 403(a) of this title, the Inspector General of the Department of the Treasury shall be under the authority, direction, and control of the Secretary of the Treasury with respect to audits or investigations, or the issuance of subpoenas, which require access to sensitive information concerning—
    (A) ongoing criminal investigations or proceedings;
    (B) undercover operations;
    (C) the identity of confidential sources, including protected witnesses;
    (D) deliberations and decisions on policy matters, including documented information used as a basis for making policy decisions, the disclosure of which could reasonably be expected to have a significant influence on the economy or market behavior;
    (E) intelligence or counterintelligence matters; or
    (F) other matters the disclosure of which would constitute a serious threat to national security or to the protection of any person or property authorized protection by section 3056 of title 18, section 3056A of title 18, or any provision of the Presidential Protection Assistance Act of 1976 (Public Law 94–524, 18 U.S.C. 3056 note).
  • 5 U.S.C. § 412(a)(2)
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    (2) 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.
  • 5 U.S.C. § 412(a)(3)
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    (3) 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.
  • 5 U.S.C. § 412(a)(4)
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    (4) 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.
  • 5 U.S.C. § 412(b)(1)
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    (1) 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.
  • 5 U.S.C. § 412(b)(2)
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    (2) 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.
  • 5 U.S.C. § 412(b)(3)
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    (3) 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.
  • 5 U.S.C. § 412(c)
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    (c) 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.
  • 5 U.S.C. § 412(d)
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    (d) 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.
  • 5 U.S.C. § 412(e)(1)
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    (1) 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.
  • 5 U.S.C. § 412(e)(2)
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    (2) 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)).
  • 5 U.S.C. § 412(e)(3)
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    (3) 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)).
  • 5 U.S.C. § 412(f)
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    (f) 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).
  • 5 U.S.C. § 412(g)(2)
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    (2) 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.
  • 5 U.S.C. § 412(h)
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    (h) 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.
  • 5 U.S.C. § 412(i)
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    (i) In addition to the requirements of the 1st sentence of section 403(a) of this title, the Treasury Inspector General for Tax Administration should have demonstrated ability to lead a large and complex organization.
  • 5 U.S.C. § 412(j)
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    (j) An individual appointed to the position of Treasury Inspector General for Tax Administration, the Assistant Inspector General for Auditing of the Office of the Treasury Inspector General for Tax Administration under section 403(d)(1)(B)(i) of this title (or, effective November 27, 2017, section 403(d)(2)(B)(i) of this title), the Assistant Inspector General for Investigations of the Office of the Treasury Inspector General for Tax Administration under section 403(d)(1)(B)(ii) of this title (or, effective November 27, 2017, section 403(d)(2)(B)(ii) of this title), or any position of Deputy Inspector General of the Office of the Treasury Inspector General for Tax Administration may not be an employee of the Internal Revenue Service—
    (1) during the 2-year period preceding the date of appointment to such position; or
    (2) during the 5-year period following the date such individual ends service in such position.
  • 5 U.S.C. § 412(k)(1)
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    (1) 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).
  • 5 U.S.C. § 412(k)(1)(D)
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    (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).
  • 5 U.S.C. § 412(k)(2)(A)
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    (A) 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.
  • 5 U.S.C. § 412(k)(2)(B)
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    (B) 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).
  • 5 U.S.C. § 412(l)(1)
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    (1) 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.
  • 5 U.S.C. § 412(l)(2)(A)
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    (A) 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.
  • 5 U.S.C. § 412(l)(2)(B)
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    (B) 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.
  • 5 U.S.C. § 413(a)(1)
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    (1) Notwithstanding the 2d sentence and last sentence of section 403(a) of this title, the Inspector General shall be under the authority, direction, and control of the Attorney General with respect to audits or investigations, or the issuance of subpoenas, which require access to sensitive information concerning—
    (A) ongoing civil or criminal investigations or proceedings;
    (B) undercover operations;
    (C) the identity of confidential sources, including protected witnesses;
    (D) intelligence or counterintelligence matters; or
    (E) other matters the disclosure of which would constitute a serious threat to national security.
  • 5 U.S.C. § 413(a)(2)
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    (2) With respect to the information described under paragraph (1), the Attorney General may prohibit the Inspector General 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 Attorney General 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.
  • 5 U.S.C. § 413(a)(3)
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    (3) If the Attorney General exercises any power under paragraph (1) or (2), the Attorney General shall notify the Inspector General in writing, stating the reasons for such exercise. Within 30 days after receipt of any such notice, the Inspector General shall transmit a copy of such notice to the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate and the Committee on Oversight and Reform and the Committee on the Judiciary of the House of Representatives, and to other appropriate committees or subcommittees of the Congress.
  • 5 U.S.C. § 413(b)
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    (b) In carrying out the duties and responsibilities specified in this chapter, the Inspector General of the Department of Justice—
    (1) may initiate, conduct and supervise such audits and investigations in the Department of Justice as the Inspector General considers appropriate;
    (2) except as specified in subsection (a) and paragraph (3), may investigate allegations of criminal wrongdoing or administrative misconduct by an employee of the Department of Justice, or may, in the discretion of the Inspector General, refer such allegations to the Office of Professional Responsibility or the internal affairs office of the appropriate component of the Department of Justice;
    (3) shall refer to the Counsel, Office of Professional Responsibility of the Department of Justice, allegations of misconduct involving Department attorneys, investigators, or law enforcement personnel, where the allegations relate to the exercise of the authority of an attorney to investigate, litigate, or provide legal advice, except that no such referral shall be made if the attorney is employed in the Office of Professional Responsibility;
    (4) may investigate allegations of criminal wrongdoing or administrative misconduct by a person who is the head of any agency or component of the Department of Justice; and
    (5) shall forward the results of any investigation conducted under paragraph (4), along with any appropriate recommendation for disciplinary action, to the Attorney General.
  • 5 U.S.C. § 413(b)(1)
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    (1) may initiate, conduct and supervise such audits and investigations in the Department of Justice as the Inspector General considers appropriate;
  • 5 U.S.C. § 413(b)(2)
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    (2) except as specified in subsection (a) and paragraph (3), may investigate allegations of criminal wrongdoing or administrative misconduct by an employee of the Department of Justice, or may, in the discretion of the Inspector General, refer such allegations to the Office of Professional Responsibility or the internal affairs office of the appropriate component of the Department of Justice;
  • 5 U.S.C. § 413(d)
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    (d) The Attorney General shall ensure by regulation that any component of the Department of Justice receiving a nonfrivolous allegation of criminal wrongdoing or administrative misconduct by an employee of the Department of Justice, except with respect to allegations described in subsection (b)(3), shall report that information to the Inspector General.
  • 5 U.S.C. § 414(a)
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    (a) 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.
  • 5 U.S.C. § 414(d)
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    (d) 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.
  • 5 U.S.C. § 415(a)(5)
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    (5) The term “Inspector General” means an Inspector General of a designated Federal entity.
  • 5 U.S.C. § 415(a)(6)
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    (6) The term “Office of Inspector General” means an Office of Inspector General of a designated Federal entity.
  • 5 U.S.C. § 415(b)
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    (b) Not later than 180 days after October 18, 1988, there shall be established and maintained in each designated Federal entity an Office of Inspector General. The head of the designated Federal entity shall transfer to such office the offices, units, or other components, and the functions, powers, or duties thereof, that such head determines are properly related to the functions of the Office of Inspector General and would, if so transferred, further the purposes of this section. There shall not be transferred to such office any program operating responsibilities.
  • 5 U.S.C. § 415(c)
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    (c) Except as provided under subsection (f) of this section, the Inspector General shall be appointed by the head of the designated Federal entity in accordance with the applicable laws and regulations governing appointments within the designated Federal entity. Each Inspector General shall be appointed without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. For purposes of implementing this section, the Chairman of the Board of Governors of the Federal Reserve System shall appoint the Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection. The Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection shall have all of the authorities and responsibilities provided by this Act with respect to the Bureau of Consumer Financial Protection, as if the Bureau were part of the Board of Governors of the Federal Reserve System.
  • 5 U.S.C. § 415(d)(1)
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    (1) Each Inspector General shall report to and be under the general supervision of the head of the designated Federal entity, but shall not report to, or be subject to supervision by, any other officer or employee of such designated Federal entity. Except as provided in paragraph (2), the head of the designated Federal entity shall not prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation, or from issuing any subpoena during the course of any audit or investigation.
  • 5 U.S.C. § 415(d)(2)(A)
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    (A) The Secretary of Defense, in consultation with the Director of National Intelligence, may prohibit the inspector general of an element of the intelligence community specified in subparagraph (D) from initiating, carrying out, or completing any audit or investigation, or from accessing information available to an element of the intelligence community specified in subparagraph (D), if the Secretary determines that the prohibition is necessary to protect vital national security interests of the United States.
  • 5 U.S.C. § 415(d)(2)(C)
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    (C) At the same time the Secretary submits under subparagraph (B) a statement on the exercise of the authority in subparagraph (A) to the committees of Congress specified in subparagraph (E), the Secretary shall notify the inspector general of such element of the submittal of such statement and, to the extent consistent with the protection of intelligence sources and methods, provide such inspector general with a copy of such statement. Such inspector general may submit to such committees of Congress any comments on a notice or statement received by the inspector general under this subparagraph that the inspector general considers appropriate.
  • 5 U.S.C. § 415(e)(2)
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    (2) If an Inspector General is removed from office or is transferred to another position or location within a designated Federal entity, the head of the designated Federal entity shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer. Nothing in this subsection shall prohibit a personnel action otherwise authorized by law, other than transfer or removal.
  • 5 U.S.C. § 415(f)(2)
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    (2) In carrying out the duties and responsibilities specified in this chapter, the Inspector General of the United States Postal Service (hereinafter in this subsection referred to as the “Inspector General”) shall have oversight responsibility for all activities of the Postal Inspection Service, including any internal investigation performed by the Postal Inspection Service. The Chief Postal Inspector shall promptly report the significant activities being carried out by the Postal Inspection Service to such Inspector General.
  • 5 U.S.C. § 415(f)(3)(A)(i)
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    (i) Notwithstanding subsection (d), the Inspector General shall be under the authority, direction, and control of the Governors with respect to audits or investigations, or the issuance of subpoenas, which require access to sensitive information concerning—
    (I) ongoing civil or criminal investigations or proceedings;
    (II) undercover operations;
    (III) the identity of confidential sources, including protected witnesses;
    (IV) intelligence or counterintelligence matters; or
    (V) other matters the disclosure of which would constitute a serious threat to national security.
  • 5 U.S.C. § 415(f)(3)(A)(ii)
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    (ii) With respect to the information described under clause (i), the Governors may prohibit the Inspector General from carrying out or completing any audit or investigation, or from issuing any subpoena, after such Inspector General has decided to initiate, carry out, or complete such audit or investigation or to issue such subpoena, if the Governors determine that such prohibition is necessary to prevent the disclosure of any information described under clause (i) or to prevent significant impairment to the national interests of the United States.
  • 5 U.S.C. § 415(f)(3)(A)(iii)
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    (iii) If the Governors exercise any power under clause (i) or (ii), the Governors shall notify the Inspector General in writing, stating the reasons for such exercise. Within 30 days after receipt of any such notice, the Inspector General shall transmit a copy of such notice to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives, and to other appropriate committees or subcommittees of the Congress.
  • 5 U.S.C. § 415(f)(3)(B)
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    (B) In carrying out the duties and responsibilities specified in this chapter, the Inspector General—
    (i) may initiate, conduct, and supervise such audits and investigations in the United States Postal Service as the Inspector General considers appropriate; and
    (ii) shall give particular regard to the activities of the Postal Inspection Service with a view toward avoiding duplication and ensuring effective coordination and cooperation.
  • 5 U.S.C. § 415(f)(3)(B)(i)
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    (i) may initiate, conduct, and supervise such audits and investigations in the United States Postal Service as the Inspector General considers appropriate; and
  • 5 U.S.C. § 415(f)(6)
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    (6) There are authorized to be appropriated, out of the Postal Service Fund, such sums as may be necessary for the Office of Inspector General of the United States Postal Service.
  • 5 U.S.C. § 415(g)(1)
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    (1) Sections 404, 405, 406 (other than paragraphs (7) and (8) of section 406(a)), and 407 of this title shall apply to each Inspector General and Office of Inspector General of a designated Federal entity, and such sections shall be applied to each designated Federal entity and head of the designated Federal entity (as defined under subsection (a)) by substituting—
    (A) “designated Federal entity” for “establishment”; and
    (B) “head of the designated Federal entity” for “head of the establishment”.
  • 5 U.S.C. § 415(g)(2)
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    (2) In addition to the other authorities specified in this chapter, an Inspector General 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 designated Federal entity.
  • 5 U.S.C. § 415(g)(3)
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    (3) Notwithstanding the last sentence of subsection (d)(1) of this section, the provisions of subsection (a) of section 412 of this title (other than the provisions of subparagraphs (A), (B), (C), and (E) of subsection (a)(1) of section 412 of this title) shall apply to the Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection and the Chairman of the Board of Governors of the Federal Reserve System in the same manner as such provisions apply to the Inspector General of the Department of the Treasury and the Secretary of the Treasury, respectively.
  • 5 U.S.C. § 415(g)(4)
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    (4) Each Inspector General shall—
    (A) in accordance with applicable laws and regulations governing appointments within the designated Federal entity, appoint a Counsel to the Inspector General who shall report to the Inspector General;
    (B) obtain the services of a counsel appointed by and directly reporting to another Inspector General on a reimbursable basis; or
    (C) obtain the services of appropriate staff of the Council of the Inspectors General on Integrity and Efficiency on a reimbursable basis.
  • 5 U.S.C. § 415(g)(4)(A)
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    (A) in accordance with applicable laws and regulations governing appointments within the designated Federal entity, appoint a Counsel to the Inspector General who shall report to the Inspector General;
  • 5 U.S.C. § 415(g)(4)(B)
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    (B) obtain the services of a counsel appointed by and directly reporting to another Inspector General on a reimbursable basis; or
  • 5 U.S.C. § 416(b)(1)(A)
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    (A) 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).
  • 5 U.S.C. § 416(b)(1)(B)
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    (B) 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.
  • 5 U.S.C. § 416(b)(1)(C)
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    (C) 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).
  • 5 U.S.C. § 416(b)(1)(D)
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    (D) 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)).
  • 5 U.S.C. § 416(b)(1)(E)
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    (E) 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.
  • 5 U.S.C. § 416(b)(2)
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    (2) 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.
  • 5 U.S.C. § 416(b)(3)
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    (3) 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.
  • 5 U.S.C. § 416(c)(1)
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    (1) 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.
  • 5 U.S.C. § 416(c)(2)
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    (2) 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.
  • 5 U.S.C. § 416(c)(3)
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    (3) 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.
  • 5 U.S.C. § 416(d)
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    (d) 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.
  • 5 U.S.C. § 416(e)(1)
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    (1) 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.
  • 5 U.S.C. § 416(e)(2)(A)
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    (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
  • 5 U.S.C. § 416(e)(2)(B)
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    (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.
  • 5 U.S.C. § 416(f)
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    (f) 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.
  • 5 U.S.C. § 416(g)
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    (g) 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.
  • 5 U.S.C. § 416(h)
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    (h) 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.
  • 5 U.S.C. § 416(i)(1)
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    (1) 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.
  • 5 U.S.C. § 417(a)(1)
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    (1) Notwithstanding the 2d sentence and last sentence of section 403(a) of this title, the Inspector General of the Department of Homeland Security shall be under the authority, direction, and control of the Secretary of Homeland Security with respect to audits or investigations, or the issuance of subpoenas, that require access to sensitive information concerning—
    (A) intelligence, counterintelligence, or counterterrorism matters;
    (B) ongoing criminal investigations or proceedings;
    (C) undercover operations;
    (D) the identity of confidential sources, including protected witnesses;
    (E) other matters the disclosure of which would, in the Secretary’s judgment, constitute a serious threat to the protection of any person or property authorized protection by section 3056 of title 18, section 3056A of title 18, or any provision of the Presidential Protection Assistance Act of 1976 (18 U.S.C. 3056 note); or
    (F) other matters the disclosure of which would constitute a serious threat to national security.
  • 5 U.S.C. § 417(a)(2)
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    (2) 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.
  • 5 U.S.C. § 417(a)(3)
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    (3) 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.
  • 5 U.S.C. § 417(a)(3)(B)
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    (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.
  • 5 U.S.C. § 417(c)
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    (c) 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.
  • 5 U.S.C. § 417(e)
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    (e) 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.
  • 5 U.S.C. § 417(f)(1)
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    (1) 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).
  • 5 U.S.C. § 417(f)(2)(A)
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    (A) coordinate the activities of the Office of Inspector General with respect to investigations of abuses of civil rights or civil liberties;
  • 5 U.S.C. § 417(f)(2)(D)
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    (D) ensure that personnel within the Office of Inspector General receive sufficient training to conduct effective civil rights and civil liberties investigations;
  • 5 U.S.C. § 417(f)(2)(E)(ii)
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    (ii) any policy recommendations regarding civil rights and civil liberties that may be founded upon an investigation by the Office of Inspector General;
  • 5 U.S.C. § 417(f)(2)(G)
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    (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;
  • 5 U.S.C. § 417(f)(2)(H)
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    (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
  • 5 U.S.C. § 417(f)(2)(H)(ii)
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    (ii) the status of corrective actions taken by the Department in response to Office of the Inspector General reports; and
  • 5 U.S.C. § 419(b)(1)
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    (1) In consultation with the Inspectors General specified in subsection (c), to designate a lead Inspector General in accordance with subsection (d) to discharge the authorities of the lead Inspector General for the overseas contingency operation concerned as set forth in subsection (d).
  • 5 U.S.C. § 419(b)(3)
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    (3) To assist in identifying for the lead inspector general for such contingency operation, Inspectors General and inspector general office personnel available to assist the lead Inspector General and the other Inspectors General specified in subsection (c) on matters relating to such contingency operation.
  • 5 U.S.C. § 419(c)(1)
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    (1) The Inspector General of the Department of Defense.
  • 5 U.S.C. § 419(c)(2)
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    (2) The Inspector General of the Department of State.
  • 5 U.S.C. § 419(c)(3)
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    (3) The Inspector General of the United States Agency for International Development.
  • 5 U.S.C. § 419(d)
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    (1) A lead Inspector General for an overseas contingency operation shall be designated by the Chair of the Council of Inspectors General on Integrity and Efficiency under subsection (b)(1) not later than 30 days after the earlier of—
    (A) the commencement or designation of the military operation concerned as an overeas2 contingency operation that exceeds 60 days; or
    (B) receipt of a notification under section 113(n)1 of title 10 with respect to an overseas contingency operation.
    The lead Inspector General for a contingency operation shall be designated from among the Inspectors General specified in subsection (c).
    (2) The lead Inspector General for an overseas contingency operation shall have the following responsibilities:
    (A) To appoint, from among the offices of the other Inspectors General specified in subsection (c), an Inspector General to act as associate Inspector General for the contingency operation who shall act in a coordinating role to assist the lead Inspector General in the discharge of responsibilities under this subsection.
    (B) To develop and carry out, in coordination with the offices of the other Inspectors General specified in subsection (c), a joint strategic plan to conduct comprehensive oversight over all aspects of the contingency operation and to ensure through either joint or individual audits, inspections, and investigations, independent and effective oversight of all programs and operations of the Federal Government in support of the contingency operation.
    (C) To review and ascertain the accuracy of information provided by Federal agencies relating to obligations and expenditures, costs of programs and projects, accountability of funds, and the award and execution of major contracts, grants, and agreements in support of the contingency operation.
    (i) If none of the Inspectors General specified in subsection (c) has principal jurisdiction over a matter with respect to the contingency operation, to identify and coordinate with the Inspector General who has principal jurisdiction over the matter to ensure effective oversight.
    (ii) If more than one of the Inspectors General specified in subsection (c) has jurisdiction over a matter with respect to the contingency operation, to determine principal jurisdiction for discharging oversight responsibilities in accordance with this chapter with respect to such matter.
    (I) Upon written request by the Inspector General with principal jurisdiction over a matter with respect to the contingency operation, and with the approval of the lead Inspector General, an Inspector General specified in subsection (c) may provide investigative support or conduct an independent investigation of an allegation of criminal activity by any United States personnel, contractor, subcontractor, grantee, or vendor in the applicable theater of operations.
    (II) In the case of a determination by the lead Inspector General that no Inspector General has principal jurisdiction over a matter with respect to the contingency operation, the lead Inspector General may—
    (aa) conduct an independent investigation of an allegation described in subclause (I); or
    (bb) request that an Inspector General specified in subsection (c) conduct such investigation.
    (E) To employ, or authorize the employment by the other Inspectors General specified in subsection (c), on a temporary basis using the authorities in section 3161 of this title (without regard to subsection (b)(2) of that section), such auditors, investigators, and other personnel as the lead Inspector General considers appropriate to assist the lead Inspector General and such other Inspectors General on matters relating to the contingency operation.
    (F) To submit to Congress on a bi-annual basis, and to make available on an internet website available to the public, a report on the activities of the lead Inspector General and the other Inspectors General specified in subsection (c) with respect to the contingency operation, including—
    (i) the status and results of investigations, inspections, and audits and of referrals to the Department of Justice; and
    (ii) overall plans for the review of the contingency operation by inspectors general, including plans for investigations, inspections, and audits.
    (G) To submit to Congress on a quarterly basis, and to make available on an Internet website available to the public, a report on the contingency operation.
    (H) To carry out such other responsibilities relating to the coordination and efficient and effective discharge by the Inspectors General specified in subsection (c) of duties relating to the contingency operation as the lead Inspector General shall specify.
    (I) To enhance cooperation among Inspectors General and encourage comprehensive oversight of the contingency operation, any Inspector General responsible for conducting oversight of any program or operation performed in support of the contingency operation may, to the maximum extent practicable and consistent with the duties, responsibilities, policies, and procedures of that Inspector General—
    (i) coordinate such oversight activities with the lead Inspector General; and
    (ii) provide information requested by the lead Inspector General relating to the responsibilities of the lead Inspector General described in subparagraphs (B), (C), and (G).
    (A) The lead Inspector General for an overseas contingency operation may employ, or authorize the employment by the other Inspectors General specified in subsection (c) of, annuitants covered by section 9902(g) of this title, for purposes of assisting the lead Inspector General in discharging responsibilities under this subsection with respect to the contingency operation.
    (B) The employment of annuitants under this paragraph shall be subject to the provisions of section 9902(g) of this title as if the lead Inspector General concerned was the Department of Defense.
    (i) An annuitant receiving an annuity under the Foreign Service Retirement and Disability System or the Foreign Service Pension System under chapter 8 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4041 et seq.) who is reemployed under this subsection—
    (I) shall continue to receive the annuity; and
    (II) shall not be considered a participant for purposes of chapter 8 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4041 et seq.) or an employee for purposes of subchapter III of chapter 83 or chapter 84 of this title.
    (ii) An annuitant described in clause (i) may elect in writing for the reemployment of the annuitant under this subsection to be subject to section 824 of the Foreign Service Act of 1980 (22 U.S.C. 4064). A reemployed annuitant shall make an election under this clause not later than 90 days after the date of the reemployment of the annuitant.
    (4) The lead Inspector General for an overseas contingency operation shall discharge the responsibilities for the contingency operation under this subsection in a manner consistent with the authorities and requirements of this chapter generally and the authorities and requirements applicable to the Inspectors General specified in subsection (c) under this chapter.
    (A) A person employed by a lead Inspector General for an overseas contingency operation under this section shall acquire competitive status for appointment to any position in the competitive service for which the employee possesses the required qualifications upon the completion of 2 years of continuous service as an employee under this section.
    (B) No person who is first employed as described in subparagraph (A) more than 10 years after December 19, 2019,1 may acquire competitive status under subparagraph (A).
  • 5 U.S.C. § 419(d)(1)
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    (1) A lead Inspector General for an overseas contingency operation shall be designated by the Chair of the Council of Inspectors General on Integrity and Efficiency under subsection (b)(1) not later than 30 days after the earlier of—
    (A) the commencement or designation of the military operation concerned as an overeas2 contingency operation that exceeds 60 days; or
    (B) receipt of a notification under section 113(n)1 of title 10 with respect to an overseas contingency operation.
  • 5 U.S.C. § 419(d)(2)
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    (2) The lead Inspector General for an overseas contingency operation shall have the following responsibilities:
    (A) To appoint, from among the offices of the other Inspectors General specified in subsection (c), an Inspector General to act as associate Inspector General for the contingency operation who shall act in a coordinating role to assist the lead Inspector General in the discharge of responsibilities under this subsection.
    (B) To develop and carry out, in coordination with the offices of the other Inspectors General specified in subsection (c), a joint strategic plan to conduct comprehensive oversight over all aspects of the contingency operation and to ensure through either joint or individual audits, inspections, and investigations, independent and effective oversight of all programs and operations of the Federal Government in support of the contingency operation.
    (C) To review and ascertain the accuracy of information provided by Federal agencies relating to obligations and expenditures, costs of programs and projects, accountability of funds, and the award and execution of major contracts, grants, and agreements in support of the contingency operation.
    (i) If none of the Inspectors General specified in subsection (c) has principal jurisdiction over a matter with respect to the contingency operation, to identify and coordinate with the Inspector General who has principal jurisdiction over the matter to ensure effective oversight.
    (ii) If more than one of the Inspectors General specified in subsection (c) has jurisdiction over a matter with respect to the contingency operation, to determine principal jurisdiction for discharging oversight responsibilities in accordance with this chapter with respect to such matter.
    (I) Upon written request by the Inspector General with principal jurisdiction over a matter with respect to the contingency operation, and with the approval of the lead Inspector General, an Inspector General specified in subsection (c) may provide investigative support or conduct an independent investigation of an allegation of criminal activity by any United States personnel, contractor, subcontractor, grantee, or vendor in the applicable theater of operations.
    (II) In the case of a determination by the lead Inspector General that no Inspector General has principal jurisdiction over a matter with respect to the contingency operation, the lead Inspector General may—
    (aa) conduct an independent investigation of an allegation described in subclause (I); or
    (bb) request that an Inspector General specified in subsection (c) conduct such investigation.
    (E) To employ, or authorize the employment by the other Inspectors General specified in subsection (c), on a temporary basis using the authorities in section 3161 of this title (without regard to subsection (b)(2) of that section), such auditors, investigators, and other personnel as the lead Inspector General considers appropriate to assist the lead Inspector General and such other Inspectors General on matters relating to the contingency operation.
    (F) To submit to Congress on a bi-annual basis, and to make available on an internet website available to the public, a report on the activities of the lead Inspector General and the other Inspectors General specified in subsection (c) with respect to the contingency operation, including—
    (i) the status and results of investigations, inspections, and audits and of referrals to the Department of Justice; and
    (ii) overall plans for the review of the contingency operation by inspectors general, including plans for investigations, inspections, and audits.
    (G) To submit to Congress on a quarterly basis, and to make available on an Internet website available to the public, a report on the contingency operation.
    (H) To carry out such other responsibilities relating to the coordination and efficient and effective discharge by the Inspectors General specified in subsection (c) of duties relating to the contingency operation as the lead Inspector General shall specify.
    (I) To enhance cooperation among Inspectors General and encourage comprehensive oversight of the contingency operation, any Inspector General responsible for conducting oversight of any program or operation performed in support of the contingency operation may, to the maximum extent practicable and consistent with the duties, responsibilities, policies, and procedures of that Inspector General—
    (i) coordinate such oversight activities with the lead Inspector General; and
    (ii) provide information requested by the lead Inspector General relating to the responsibilities of the lead Inspector General described in subparagraphs (B), (C), and (G).
  • 5 U.S.C. § 419(d)(2)(A)
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    (A) To appoint, from among the offices of the other Inspectors General specified in subsection (c), an Inspector General to act as associate Inspector General for the contingency operation who shall act in a coordinating role to assist the lead Inspector General in the discharge of responsibilities under this subsection.
  • 5 U.S.C. § 419(d)(2)(D)(i)
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    (i) If none of the Inspectors General specified in subsection (c) has principal jurisdiction over a matter with respect to the contingency operation, to identify and coordinate with the Inspector General who has principal jurisdiction over the matter to ensure effective oversight.
  • 5 U.S.C. § 419(d)(2)(D)(iii)(I)
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    (I) Upon written request by the Inspector General with principal jurisdiction over a matter with respect to the contingency operation, and with the approval of the lead Inspector General, an Inspector General specified in subsection (c) may provide investigative support or conduct an independent investigation of an allegation of criminal activity by any United States personnel, contractor, subcontractor, grantee, or vendor in the applicable theater of operations.
  • 5 U.S.C. § 419(d)(2)(D)(iii)(II)
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    (II) In the case of a determination by the lead Inspector General that no Inspector General has principal jurisdiction over a matter with respect to the contingency operation, the lead Inspector General may—
    (aa) conduct an independent investigation of an allegation described in subclause (I); or
    (bb) request that an Inspector General specified in subsection (c) conduct such investigation.
  • 5 U.S.C. § 419(d)(2)(D)(iii)(II)(bb)
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    (bb) request that an Inspector General specified in subsection (c) conduct such investigation.
  • 5 U.S.C. § 419(d)(2)(E)
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    (E) To employ, or authorize the employment by the other Inspectors General specified in subsection (c), on a temporary basis using the authorities in section 3161 of this title (without regard to subsection (b)(2) of that section), such auditors, investigators, and other personnel as the lead Inspector General considers appropriate to assist the lead Inspector General and such other Inspectors General on matters relating to the contingency operation.
  • 5 U.S.C. § 419(d)(2)(F)
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    (F) To submit to Congress on a bi-annual basis, and to make available on an internet website available to the public, a report on the activities of the lead Inspector General and the other Inspectors General specified in subsection (c) with respect to the contingency operation, including—
    (i) the status and results of investigations, inspections, and audits and of referrals to the Department of Justice; and
    (ii) overall plans for the review of the contingency operation by inspectors general, including plans for investigations, inspections, and audits.
  • 5 U.S.C. § 419(d)(2)(H)
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    (H) To carry out such other responsibilities relating to the coordination and efficient and effective discharge by the Inspectors General specified in subsection (c) of duties relating to the contingency operation as the lead Inspector General shall specify.
  • 5 U.S.C. § 419(d)(2)(I)
    Go to provision →
    (I) To enhance cooperation among Inspectors General and encourage comprehensive oversight of the contingency operation, any Inspector General responsible for conducting oversight of any program or operation performed in support of the contingency operation may, to the maximum extent practicable and consistent with the duties, responsibilities, policies, and procedures of that Inspector General—
    (i) coordinate such oversight activities with the lead Inspector General; and
    (ii) provide information requested by the lead Inspector General relating to the responsibilities of the lead Inspector General described in subparagraphs (B), (C), and (G).
  • 5 U.S.C. § 419(d)(2)(I)(i)
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    (i) coordinate such oversight activities with the lead Inspector General; and
  • 5 U.S.C. § 419(d)(2)(I)(ii)
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    (ii) provide information requested by the lead Inspector General relating to the responsibilities of the lead Inspector General described in subparagraphs (B), (C), and (G).
  • 5 U.S.C. § 419(d)(3)(A)
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    (A) The lead Inspector General for an overseas contingency operation may employ, or authorize the employment by the other Inspectors General specified in subsection (c) of, annuitants covered by section 9902(g) of this title, for purposes of assisting the lead Inspector General in discharging responsibilities under this subsection with respect to the contingency operation.
  • 5 U.S.C. § 419(d)(3)(B)
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    (B) The employment of annuitants under this paragraph shall be subject to the provisions of section 9902(g) of this title as if the lead Inspector General concerned was the Department of Defense.
  • 5 U.S.C. § 419(d)(4)
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    (4) The lead Inspector General for an overseas contingency operation shall discharge the responsibilities for the contingency operation under this subsection in a manner consistent with the authorities and requirements of this chapter generally and the authorities and requirements applicable to the Inspectors General specified in subsection (c) under this chapter.
  • 5 U.S.C. § 419(d)(5)(A)
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    (A) A person employed by a lead Inspector General for an overseas contingency operation under this section shall acquire competitive status for appointment to any position in the competitive service for which the employee possesses the required qualifications upon the completion of 2 years of continuous service as an employee under this section.
  • 5 U.S.C. § 420(a)(1)
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    (1) 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.
  • 5 U.S.C. § 420(a)(2)
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    (2) The direct link under paragraph (1) shall be obvious and facilitate accessibility to the website of the Office of the Inspector General.
  • 5 U.S.C. § 420(b)(1)
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    (1) 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.
  • 5 U.S.C. § 420(b)(1)(A)
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    (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
  • 5 U.S.C. § 420(b)(1)(B)(i)
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    (i) is easily accessible from a direct link on the homepage of the website of the Office of the Inspector General;
  • 5 U.S.C. § 420(b)(1)(B)(ii)
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    (ii) includes a summary of the findings of the Inspector General; and
  • 5 U.S.C. § 420(b)(2)(A)
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    (A) 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.
  • 5 U.S.C. § 420(b)(2)(B)
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    (B) 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.
  • 5 U.S.C. § 420(b)(3)
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    (3) Nothing in this subsection shall be construed as authorizing an Inspector General to publicly disclose information otherwise prohibited from disclosure by law.
  • 5 U.S.C. § 421(a)
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    (a) 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.
  • 5 U.S.C. § 421(b)
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    (b) 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.
  • 5 U.S.C. § 422(a)
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    (a) 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”;
    (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.
  • 5 U.S.C. § 422(a)(1)
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    (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”;
    (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
  • 5 U.S.C. § 422(a)(1)(C)
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    (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;
  • 5 U.S.C. § 422(a)(1)(D)
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    (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);
  • 5 U.S.C. § 422(a)(1)(E)
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    (E) of the Department of Energy, the Office of Inspector General (as established by section 208 of the Department of Energy Organization Act);
  • 5 U.S.C. § 422(a)(1)(F)
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    (F) of the Department of Health and Human Services, the Office of Inspector General (as established by title II of Public Law 94–505);
  • 5 U.S.C. § 422(a)(1)(G)
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    (G) of the Department of Housing and Urban Development, the office of that department referred to as the “Office of Inspector General”;
  • 5 U.S.C. § 422(a)(1)(L)(i)
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    (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
  • 5 U.S.C. § 422(a)(1)(L)(ii)
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    (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;
  • 5 U.S.C. § 422(a)(1)(N)
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    (N) of the Federal Emergency Management Agency, the office of that agency referred to as the “Office of Inspector General”;
  • 5 U.S.C. § 422(a)(1)(R)
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    (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”;
  • 5 U.S.C. § 422(a)(1)(S)
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    (S) of the Railroad Retirement Board, the Office of Inspector General (as established by section 23 of the Railroad Retirement Act of 1974);
  • 5 U.S.C. § 422(a)(1)(V)
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    (V) of the Corporation for National and Community Service, the Office of Inspector General of ACTION; and
  • 5 U.S.C. § 422(a)(1)(W)
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    (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
  • 5 U.S.C. § 422(a)(2)
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    (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,
  • 5 U.S.C. § 422(b)
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    (b) 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.
  • 5 U.S.C. § 422(d)
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    (d) 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.
  • 5 U.S.C. § 423(a)(1)
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    (1) 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.
  • 5 U.S.C. § 423(b)
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    (b) 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.
  • 5 U.S.C. § 423(c)(1)
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    (1) 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.
  • 5 U.S.C. § 423(c)(2)
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    (2) Notwithstanding any other provision of law, career Federal employees serving on an appointment made pursuant to statutory authority found other than in section 3392 of this title shall not suffer a reduction in pay, not including any bonus or performance award, as a result of being appointed to the position of Inspector General.
  • 5 U.S.C. § 424(c)(1)(C)
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    (C) develop policies that will aid in the maintenance of a corps of well-trained and highly skilled Office of Inspector General personnel;
  • 5 U.S.C. § 424(c)(1)(E)
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    (E) maintain 1 or more academies as the Council considers desirable for the professional training of auditors, investigators, inspectors, evaluators, and other personnel of the various offices of Inspector General;
  • 5 U.S.C. § 424(c)(1)(F)
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    (F) submit recommendations of individuals to the appropriate appointing authority for any appointment to an office of Inspector General described under subsection (b)(1)(A) or (B);
  • 5 U.S.C. § 424(c)(1)(H)
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    (H) except for matters coordinated among Inspectors General under section 103H of the National Security Act of 1947 (50 U.S.C. 3033), receive, review, and mediate any disputes submitted in writing to the Council by an Office of Inspector General regarding an audit, investigation, inspection, evaluation, or project that involves the jurisdiction of more than one Office of Inspector General; and
  • 5 U.S.C. § 424(c)(5)(B)
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    (B) in consultation with the Office of Special Counsel and Whistleblower Protection Coordinators from the member offices of the Inspector General, develop best practices for coordination and communication in promoting the timely and appropriate handling and consideration of protected disclosures, allegations of reprisal, and general matters regarding the implementation and administration of whistleblower protection laws, in accordance with Federal law.
  • 5 U.S.C. § 424(d)(1)
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    (1) The Council shall have an Integrity Committee, which shall receive, review, and refer for investigation allegations of wrongdoing that are made against Inspectors General and staff members of the various Offices of Inspector General described under paragraph (4)(C).
  • 5 U.S.C. § 424(d)(4)(A)
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    (A) In this paragraph, the term “staff member” means any employee of an Office of Inspector General who—
    (i) reports directly to an Inspector General; or
    (ii) is designated by an Inspector General under subparagraph (C).
  • 5 U.S.C. § 424(d)(4)(A)(i)
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    (i) reports directly to an Inspector General; or
  • 5 U.S.C. § 424(d)(4)(A)(ii)
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    (ii) is designated by an Inspector General under subparagraph (C).
  • 5 U.S.C. § 424(d)(4)(B)
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    (B) An Inspector General shall refer to the Integrity Committee any allegation of wrongdoing against a staff member of the office of that Inspector General, if—
    (i) review of the substance of the allegation cannot be assigned to an agency of the executive branch with appropriate jurisdiction over the matter; and
    (ii) the Inspector General determines that—
    (I) an objective internal investigation of the allegation is not feasible; or
    (II) an internal investigation of the allegation may appear not to be objective.
  • 5 U.S.C. § 424(d)(4)(B)(ii)
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    (ii) the Inspector General determines that—
    (I) an objective internal investigation of the allegation is not feasible; or
    (II) an internal investigation of the allegation may appear not to be objective.
  • 5 U.S.C. § 424(d)(4)(C)
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    (C) Each Inspector General shall annually submit to the Chairperson of the Integrity Committee a designation of positions whose holders are staff members for purposes of subparagraph (A).
  • 5 U.S.C. § 424(d)(5)(A)
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    (A) Not later than 7 days after the date on which the Integrity Committee receives an allegation of wrongdoing against an Inspector General or against a staff member of an Office of Inspector General described under paragraph (4)(C), the allegation of wrongdoing shall be reviewed and referred to the Department of Justice or the Office of Special Counsel for investigation, or to the Integrity Committee for review, as appropriate, by—
    (i) a representative of the Department of Justice, as designated by the Attorney General;
    (ii) a representative of the Office of Special Counsel, as designated by the Special Counsel; and
    (iii) a representative of the Integrity Committee, as designated by the Chairperson of the Integrity Committee.
  • 5 U.S.C. § 424(d)(7)(B)(i)(V)
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    (V) except as provided in clause (ii), ensuring, to the extent possible, that investigations are conducted by Offices of Inspector General of similar size;
  • 5 U.S.C. § 424(d)(7)(B)(ii)
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    (ii) The requirement under clause (i)(V) shall not apply to any Office of Inspector General with less than 50 employees who are authorized to conduct audits or investigations.
  • 5 U.S.C. § 424(d)(7)(D)
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    (D) If an allegation of wrongdoing against an Inspector General or a staff member of an Office of Inspector General described under paragraph (4)(C) is referred to the Department of Justice or the Office of Special Counsel under paragraph (5)(A), the Chairperson of the Integrity Committee may conduct any related investigation referred to the Chairperson under paragraph (5)(B) concurrently with the Department of Justice or the Office of Special Counsel, as applicable.
  • 5 U.S.C. § 424(d)(8)(A)(ii)
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    (ii) forward the report, with the recommendations of the Integrity Committee, including those on disciplinary action, within 30 days (to the maximum extent practicable) after the completion of the investigation, to the Executive Chairperson of the Council and to the President (in the case of a report relating to an Inspector General of an establishment or any employee of that Inspector General) or the head of a designated Federal entity (in the case of a report relating to an Inspector General of such an entity or any employee of that Inspector General) for resolution;
  • 5 U.S.C. § 424(d)(12)(B)(i)
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    (i) An allegation of wrongdoing against the Special Counsel or the Deputy Special Counsel may be received, reviewed, and referred for investigation to the same extent and in the same manner as in the case of an allegation against an Inspector General or against a staff member of an Office of Inspector General described under paragraph (4)(C), subject to the requirement that the representative designated by the Special Counsel under paragraph (5)(A)(ii) shall recuse himself or herself from the consideration of any allegation brought under this paragraph.
  • 5 U.S.C. § 424(e)(1)
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    (1) In this subsection, the term “Office of Inspector General” means the Office of—
    (A) an Inspector General described in subparagraph (A), (B), or (I) of subsection (b)(1);
    (B) the Special Inspector General for Afghanistan Reconstruction established under section 1229 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 378);
    (C) the Special Inspector General for the Troubled Asset Relief Program established under section 121 of title I of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5231); and
    (D) the Special Inspector General for Pandemic Recovery established under section 4018 of the Coronavirus Economic Stabilization Act of 2020 (15 U.S.C. 9053).
  • 5 U.S.C. § 424(e)(1)(A)
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    (A) an Inspector General described in subparagraph (A), (B), or (I) of subsection (b)(1);
  • 5 U.S.C. § 424(e)(1)(B)
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    (B) the Special Inspector General for Afghanistan Reconstruction established under section 1229 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 378);
  • 5 U.S.C. § 424(e)(1)(C)
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    (C) the Special Inspector General for the Troubled Asset Relief Program established under section 121 of title I of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5231); and
  • 5 U.S.C. § 424(e)(1)(D)
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    (D) the Special Inspector General for Pandemic Recovery established under section 4018 of the Coronavirus Economic Stabilization Act of 2020 (15 U.S.C. 9053).
  • 5 U.S.C. § 424(e)(2)(A)
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    (A) to consolidate all public reports from each Office of Inspector General to improve the access of the public to any audit report, inspection report, or evaluation report (or portion of any such report) made by an Office of Inspector General; and
  • 5 U.S.C. § 424(e)(3)
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    (3) Each Office of Inspector General that publishes an audit report, inspection report, or evaluation report (or portion of any such report) on the website of the Office of Inspector General shall, or in the case of the office of an Inspector General described in subparagraph (I) of subsection (b)(1) may, contemporaneously publish the report (or portion of the report) on oversight.gov in a manner prescribed by the Council.
  • 5 U.S.C. § 552a(a)(8)(B)(ix)
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    (ix) matches performed by the Secretary of Health and Human Services or the Inspector General of the Department of Health and Human Services with respect to potential fraud, waste, and abuse, including matches of a system of records with non-Federal records; or
  • 5 U.S.C. § 552a(u)(2)
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    (2) Each Data Integrity Board shall consist of senior officials designated by the head of the agency, and shall include any senior official designated by the head of the agency as responsible for implementation of this section, and the inspector general of the agency, if any. The inspector general shall not serve as chairman of the Data Integrity Board.
  • 5 U.S.C. § 552a(u)(5)(D)
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    (D) If the Data Integrity Board and the Director of the Office of Management and Budget disapprove a matching program proposed by the inspector general of an agency, the inspector general may report the disapproval to the head of the agency and to the Congress.

Citations to §401(5)

  • 5 U.S.C. § 104(2)
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    (2) the Government Accountability Office.
  • 5 U.S.C. § 306(a)(9)(F)
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    (F) the extent to which the agency has the capacity to assist agency staff and program offices to develop the capacity to use evaluation research and analysis approaches and data in the day-to-day operations.
  • 5 U.S.C. § 306(f)
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    (f) For purposes of this section the term “agency” means an Executive agency defined under section 105, but does not include the Central Intelligence Agency, the Government Accountability Office, the United States Postal Service, and the Postal Regulatory Commission.
  • 5 U.S.C. § 311(2)
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    (2) The term “Director” means the Director of the Office of Management and Budget.
  • 5 U.S.C. § 321(2)
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    (2) The term “Director” means the Director of the Office of Management and Budget.
  • 5 U.S.C. § 322(a)
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    (a) The Director shall designate or appoint a senior official as the Federal Government Service Delivery Lead within the Office of Management and Budget whose responsibility is to coordinate governmentwide efforts to improve Government service delivery by agencies. The individual shall have the following duties and authorities:
    (1) Facilitate and coordinate governmentwide efforts to improve Government service delivery provided by agencies, particularly with respect to high impact service providers.
    (2) Carry out the duties and powers prescribed by the Director.
    (3) Serve as the lead, governmentwide official responsible for supporting Government service delivery.
    (4) Advise the Director concerning the improvement of Government service delivery provided by agencies.
    (5) In consultation with each lead agency service delivery official and any other agency stakeholder as appropriate, develop and oversee the implementation of governmentwide Government service delivery standards, policies, and guidelines for services and programs provided by agencies, including standards, policies, and guidelines to—
    (A) understand the needs of an individual, business, or organization interacting with an agency;
    (B) solicit and consider voluntary feedback on the Government service delivery by the agency;
    (C) assess Government service delivery processes;
    (D) consider the factors of ease, efficiency, transparency, accessibility, fairness, burden (as defined in section 3502 of title 44), and duration, including wait and processing times, with respect to Government service delivery; and
    (E) encourage the adoption of commercial products and services in accordance with section 3307 of title 41.
    (6) Collect and report qualitative and quantitative information or data on Government service delivery through existing reporting mechanisms.
    (7) Evaluate the quality of Government service delivery, including through the establishment of performance metrics developed using the standards, policies, and guidelines developed pursuant to paragraph (5) and the information or data collected and reported pursuant to paragraph (6).
    (8) Engage with stakeholders to identify leading practices in service design and delivery that would improve Government service delivery across and within agencies.
    (9) Ensure agency service delivery initiatives, including those related to the 21st Century Integrated Digital Experience Act (15 U.S.C. 3501 note; Public Law 115–336), are identified in agency congressional budget justifications.
    (10) Coordinate with Office of Management and Budget stakeholders and other agency stakeholders on Government service delivery.
    (11) In collaboration with relevant agency officials as appropriate, and in coordination with relevant Office of Management and Budget stakeholders, ensure that websites of agencies, including those associated with high impact service providers, are consistent with the objectives of this subchapter, the 21st Century Integrated Digital Experience Act, and any other applicable law.
  • 5 U.S.C. § 322(a)(10)
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    (10) Coordinate with Office of Management and Budget stakeholders and other agency stakeholders on Government service delivery.
  • 5 U.S.C. § 322(a)(11)
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    (11) In collaboration with relevant agency officials as appropriate, and in coordination with relevant Office of Management and Budget stakeholders, ensure that websites of agencies, including those associated with high impact service providers, are consistent with the objectives of this subchapter, the 21st Century Integrated Digital Experience Act, and any other applicable law.
  • 5 U.S.C. § 323(b)(6)
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    (6) Facilitate collaboration among and between offices, and components within the agency and with other agencies as appropriate, in coordination with the Federal Government Service Delivery Lead, to improve and enhance Government service delivery.
  • 5 U.S.C. § 402(a)(1)
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    (1) 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.
  • 5 U.S.C. § 402(a)(2)(A)
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    (A) an Office of Inspector General of the Department of the Treasury; and
  • 5 U.S.C. § 402(a)(2)(B)
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    (B) an Office of Treasury Inspector General for Tax Administration.
  • 5 U.S.C. § 402(b)
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    (b) The offices established under subsection (a) are established in order to create independent and objective units—
    (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;
    (2) to provide leadership and coordination and recommend policies for activities designed—
    (A) to promote economy, efficiency, and effectiveness in the administration of those programs and operations; and
    (B) to prevent and detect fraud and abuse in those programs and operations; and
    (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.
  • 5 U.S.C. § 403(a)
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    (a) There shall be at the head of each Office an Inspector General who shall be appointed by the President, by and with the advice and consent of the Senate, without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. Each Inspector General shall report to and be under the general supervision of the head of the establishment involved or, to the extent such authority is delegated, the officer next in rank below such head, but shall not report to, or be subject to supervision by, any other officer of the establishment. Neither the head of the establishment nor the officer next in rank below the head shall prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation, or from issuing any subpoena during the course of any audit or investigation.
  • 5 U.S.C. § 403(b)
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    (b) An Inspector General may be removed from office by the President. If an Inspector General is removed from office or is transferred to another position or location within an establishment, the President shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer. Nothing in this subsection shall prohibit a personnel action otherwise authorized by law, other than transfer or removal.
  • 5 U.S.C. § 403(d)(1)(C)(i)(II)(aa)
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    (aa) the means by which employees may seek review of any allegation of reprisal, including the roles of the Office of the Inspector General, the Office of Special Counsel, the Merit Systems Protection Board, and any other relevant entities; and
  • 5 U.S.C. § 404(a)
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    (a) 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—
    (1) to provide policy direction for and to conduct, supervise, and coordinate audits and investigations relating to the programs and operations of the establishment;
    (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;
    (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;
    (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—
    (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
    (B) the identification and prosecution of participants in fraud or abuse referred to in subparagraph (A); and
    (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.
  • 5 U.S.C. § 404(b)(2)
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    (2) 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.
  • 5 U.S.C. § 404(e)(1)(C)
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    (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.
  • 5 U.S.C. § 405(a)(4)
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    (4) The term “questioned cost” means a cost that is questioned by the Office because of—
    (A) an alleged violation of a provision of a law, regulation, contract, grant, cooperative agreement, or other agreement or document governing the expenditure of funds;
    (B) a finding that, at the time of the audit, the cost is not supported by adequate documentation; or
    (C) a finding that the expenditure of funds for the intended purpose is unnecessary or unreasonable.
  • 5 U.S.C. § 405(a)(5)
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    (5) The term “recommendation that funds be put to better use” means a recommendation by the Office that funds could be used more efficiently if management of an establishment took actions to implement and complete the recommendation, including—
    (A) reductions in outlays;
    (B) deobligation of funds from programs or operations;
    (C) withdrawal of interest subsidy costs on loans or loan guarantees, insurance, or bonds;
    (D) costs not incurred by implementing recommended improvements related to the operations of the establishment, a contractor, or grantee;
    (E) avoidance of unnecessary expenditures noted in preaward reviews of contract or grant agreements; or
    (F) any other savings which are specifically identified.
  • 5 U.S.C. § 405(a)(7)
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    (7) The term “unsupported cost” means a cost that is questioned by the Office because the Office found that, at the time of the audit, such cost is not supported by adequate documentation.
  • 5 U.S.C. § 405(b)
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    (b) Each Inspector General shall, not later than April 30 and October 31 of each year, prepare semiannual reports summarizing the activities of the Office during the immediately preceding 6-month periods ending March 31 and September 30. The reports shall include, but need not be limited to—
    (1) a description of significant problems, abuses, and deficiencies relating to the administration of programs and operations of such establishment disclosed by such activities during the reporting period;
    (2) a description of the recommendations for corrective action made by the Office during the reporting period with respect to significant problems, abuses, or deficiencies identified pursuant to paragraph (1);
    (3) an identification of each significant recommendation described in previous semiannual reports on which corrective action has not been completed;
    (4) a summary of matters referred to prosecutive authorities and the prosecutions and convictions which have resulted;
    (5) a summary of each report made to the head of the establishment under section 406(c)(2) of this title during the reporting period;
    (6) a listing, subdivided according to subject matter, of each audit report, inspection report, and evaluation report issued by the Office during the reporting period and for each report, where applicable, the total dollar value of questioned costs (including a separate category for the dollar value of unsupported costs) and the dollar value of recommendations that funds be put to better use;
    (7) a summary of each particularly significant report;
    (8) statistical tables showing the total number of audit reports, inspection reports, and evaluation reports and the total dollar value of questioned costs (including a separate category for the dollar value of unsupported costs), for reports—
    (A) for which no management decision had been made by the commencement of the reporting period;
    (B) which were issued during the reporting period;
    (C) for which a management decision was made during the reporting period, including—
    (i) the dollar value of disallowed costs; and
    (ii) the dollar value of costs not disallowed; and
    (D) for which no management decision has been made by the end of the reporting period;
    (9) statistical tables showing the total number of audit reports, inspection reports, and evaluation reports and the dollar value of recommendations that funds be put to better use by management, for reports—
    (A) for which no management decision had been made by the commencement of the reporting period;
    (B) which were issued during the reporting period;
    (C) for which a management decision was made during the reporting period, including—
    (i) the dollar value of recommendations that were agreed to by management; and
    (ii) the dollar value of recommendations that were not agreed to by management; and
    (D) for which no management decision has been made by the end of the reporting period;
    (10) a summary of each audit report, inspection report, and evaluation report issued before the commencement of the reporting period—
    (A) for which no management decision has been made by the end of the reporting period (including the date and title of each such report), an explanation of the reasons such management decision has not been made, and a statement concerning the desired timetable for achieving a management decision on each such report;
    (B) for which no establishment comment was returned within 60 days of providing the report to the establishment; and
    (C) for which there are any outstanding unimplemented recommendations, including the aggregate potential cost savings of those recommendations;
    (11) a description and explanation of the reasons for any significant revised management decision made during the reporting period;
    (12) information concerning any significant management decision with which the Inspector General is in disagreement;
    (13) the information described under section 804(b) of the Federal Financial Management Improvement Act of 1996 (Public Law 104–208, §101(f) [title VIII], 31 U.S.C. 3512 note);
    (A) an appendix containing the results of any peer review conducted by another Office of Inspector General during the reporting period; or
    (B) if no peer review was conducted within that reporting period, a statement identifying the date of the last peer review conducted by another Office of Inspector General;
    (15) a list of any outstanding recommendations from any peer review conducted by another Office of Inspector General that have not been fully implemented, including a statement describing the status of the implementation and why implementation is not complete;
    (16) a list of any peer reviews conducted by the Inspector General of another Office of the Inspector General during the reporting period, including a list of any outstanding recommendations made from any previous peer review (including any peer review conducted before the reporting period) that remain outstanding or have not been fully implemented;
    (17) statistical tables showing—
    (A) the total number of investigative reports issued during the reporting period;
    (B) the total number of persons referred to the Department of Justice for criminal prosecution during the reporting period;
    (C) the total number of persons referred to State and local prosecuting authorities for criminal prosecution during the reporting period; and
    (D) the total number of indictments and criminal informations during the reporting period that resulted from any prior referral to prosecuting authorities;
    (18) a description of the metrics used for developing the data for the statistical tables under paragraph (17);
    (19) a report on each investigation conducted by the Office involving a senior Government employee where allegations of misconduct were substantiated, including the name of the senior government official (as defined by the department or agency) if already made public by the Office, and a detailed description of—
    (A) the facts and circumstances of the investigation; and
    (B) the status and disposition of the matter, including—
    (i) if the matter was referred to the Department of Justice, the date of the referral; and
    (ii) if the Department of Justice declined the referral, the date of the declination;
    (A) a detailed description of any instance of whistleblower retaliation, including information about the official found to have engaged in retaliation; and
    (B) what, if any, consequences the establishment actually imposed to hold the official described in subparagraph (A) accountable;
    (21) a detailed description of any attempt by the establishment to interfere with the independence of the Office, including—
    (A) with budget constraints designed to limit the capabilities of the Office; and
    (B) incidents where the establishment has resisted or objected to oversight activities of the Office or restricted or significantly delayed access to information, including the justification of the establishment for such action; and
    (22) detailed descriptions of the particular circumstances of each—
    (A) inspection, evaluation, and audit conducted by the Office that is closed and was not disclosed to the public; and
    (B) investigation conducted by the Office involving a senior Government employee that is closed and was not disclosed to the public.
  • 5 U.S.C. § 405(b)(2)
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    (2) a description of the recommendations for corrective action made by the Office during the reporting period with respect to significant problems, abuses, or deficiencies identified pursuant to paragraph (1);
  • 5 U.S.C. § 405(b)(6)
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    (6) a listing, subdivided according to subject matter, of each audit report, inspection report, and evaluation report issued by the Office during the reporting period and for each report, where applicable, the total dollar value of questioned costs (including a separate category for the dollar value of unsupported costs) and the dollar value of recommendations that funds be put to better use;
  • 5 U.S.C. § 405(b)(14)(A)
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    (A) an appendix containing the results of any peer review conducted by another Office of Inspector General during the reporting period; or
  • 5 U.S.C. § 405(b)(14)(B)
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    (B) if no peer review was conducted within that reporting period, a statement identifying the date of the last peer review conducted by another Office of Inspector General;
  • 5 U.S.C. § 405(b)(15)
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    (15) a list of any outstanding recommendations from any peer review conducted by another Office of Inspector General that have not been fully implemented, including a statement describing the status of the implementation and why implementation is not complete;
  • 5 U.S.C. § 405(b)(16)
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    (16) a list of any peer reviews conducted by the Inspector General of another Office of the Inspector General during the reporting period, including a list of any outstanding recommendations made from any previous peer review (including any peer review conducted before the reporting period) that remain outstanding or have not been fully implemented;
  • 5 U.S.C. § 405(b)(19)
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    (19) a report on each investigation conducted by the Office involving a senior Government employee where allegations of misconduct were substantiated, including the name of the senior government official (as defined by the department or agency) if already made public by the Office, and a detailed description of—
    (A) the facts and circumstances of the investigation; and
    (B) the status and disposition of the matter, including—
    (i) if the matter was referred to the Department of Justice, the date of the referral; and
    (ii) if the Department of Justice declined the referral, the date of the declination;
  • 5 U.S.C. § 405(b)(21)
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    (21) a detailed description of any attempt by the establishment to interfere with the independence of the Office, including—
    (A) with budget constraints designed to limit the capabilities of the Office; and
    (B) incidents where the establishment has resisted or objected to oversight activities of the Office or restricted or significantly delayed access to information, including the justification of the establishment for such action; and
  • 5 U.S.C. § 405(b)(21)(A)
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    (A) with budget constraints designed to limit the capabilities of the Office; and
  • 5 U.S.C. § 405(b)(21)(B)
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    (B) incidents where the establishment has resisted or objected to oversight activities of the Office or restricted or significantly delayed access to information, including the justification of the establishment for such action; and
  • 5 U.S.C. § 405(b)(22)(A)
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    (A) inspection, evaluation, and audit conducted by the Office that is closed and was not disclosed to the public; and
  • 5 U.S.C. § 405(b)(22)(B)
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    (B) investigation conducted by the Office involving a senior Government employee that is closed and was not disclosed to the public.
  • 5 U.S.C. § 405(f)(5)
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    (5) An Office may not provide to Congress or the public any information that reveals the personally identifiable information of a whistleblower under this section unless the Office first obtains the consent of the whistleblower.
  • 5 U.S.C. § 406(a)(5)
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    (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;
  • 5 U.S.C. § 406(a)(7)
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    (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;
  • 5 U.S.C. § 406(d)
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    (d) 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.
  • 5 U.S.C. § 406(e)(1)(A)(i)
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    (i) each Office of Inspector General shall be considered to be a separate agency; and
  • 5 U.S.C. § 406(e)(1)(A)(ii)
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    (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.
  • 5 U.S.C. § 406(e)(1)(B)(iii)
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    (iii) All provisions relating to the Senior Executive Service (as determined by the Office of Personnel Management), subject to paragraph (2).
  • 5 U.S.C. § 406(e)(2)
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    (2) 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,”.
  • 5 U.S.C. § 406(f)(2)(A)
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    (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;
  • 5 U.S.C. § 406(f)(3)
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    (3) 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.
  • 5 U.S.C. § 406(f)(5)(A)
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    (A) 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).
  • 5 U.S.C. § 406(f)(7)
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    (7) 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.
  • 5 U.S.C. § 406(g)(1)
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    (1) 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.
  • 5 U.S.C. § 406(g)(3)(E)
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    (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.
  • 5 U.S.C. § 406(k)
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    (k) 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.
  • 5 U.S.C. § 408(h)(2)(A)
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    (A) Notwithstanding section 140(b) of title 10, the General Counsel is the chief legal officer of the Office of the Inspector General.
  • 5 U.S.C. § 408(h)(3)
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    (3) 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.
  • 5 U.S.C. § 409(c)
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    (c) 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.
  • 5 U.S.C. § 410(b)
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    (b) 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.
  • 5 U.S.C. § 411(b)
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    (b) 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.
  • 5 U.S.C. § 412(b)(1)
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    (1) 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.
  • 5 U.S.C. § 412(d)
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    (d) 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.
  • 5 U.S.C. § 412(j)
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    (j) An individual appointed to the position of Treasury Inspector General for Tax Administration, the Assistant Inspector General for Auditing of the Office of the Treasury Inspector General for Tax Administration under section 403(d)(1)(B)(i) of this title (or, effective November 27, 2017, section 403(d)(2)(B)(i) of this title), the Assistant Inspector General for Investigations of the Office of the Treasury Inspector General for Tax Administration under section 403(d)(1)(B)(ii) of this title (or, effective November 27, 2017, section 403(d)(2)(B)(ii) of this title), or any position of Deputy Inspector General of the Office of the Treasury Inspector General for Tax Administration may not be an employee of the Internal Revenue Service—
    (1) during the 2-year period preceding the date of appointment to such position; or
    (2) during the 5-year period following the date such individual ends service in such position.
  • 5 U.S.C. § 412(k)(1)(D)
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    (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).
  • 5 U.S.C. § 413(b)(2)
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    (2) except as specified in subsection (a) and paragraph (3), may investigate allegations of criminal wrongdoing or administrative misconduct by an employee of the Department of Justice, or may, in the discretion of the Inspector General, refer such allegations to the Office of Professional Responsibility or the internal affairs office of the appropriate component of the Department of Justice;
  • 5 U.S.C. § 413(b)(3)
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    (3) shall refer to the Counsel, Office of Professional Responsibility of the Department of Justice, allegations of misconduct involving Department attorneys, investigators, or law enforcement personnel, where the allegations relate to the exercise of the authority of an attorney to investigate, litigate, or provide legal advice, except that no such referral shall be made if the attorney is employed in the Office of Professional Responsibility;
  • 5 U.S.C. § 415(a)(2)(C)
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    (C) the Executive Office of the President;
  • 5 U.S.C. § 415(a)(2)(E)
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    (E) the Government Accountability Office; or
  • 5 U.S.C. § 415(a)(2)(F)
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    (F) any entity in the judicial or legislative branches of the Government, including the Administrative Office of the United States Courts and the Architect of the Capitol and any activities under the direction of the Architect of the Capitol.
  • 5 U.S.C. § 415(a)(6)
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    (6) The term “Office of Inspector General” means an Office of Inspector General of a designated Federal entity.
  • 5 U.S.C. § 415(b)
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    (b) Not later than 180 days after October 18, 1988, there shall be established and maintained in each designated Federal entity an Office of Inspector General. The head of the designated Federal entity shall transfer to such office the offices, units, or other components, and the functions, powers, or duties thereof, that such head determines are properly related to the functions of the Office of Inspector General and would, if so transferred, further the purposes of this section. There shall not be transferred to such office any program operating responsibilities.
  • 5 U.S.C. § 415(d)(2)(D)(iii)
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    (iii) The National Reconnaissance Office.
  • 5 U.S.C. § 415(e)(2)
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    (2) If an Inspector General is removed from office or is transferred to another position or location within a designated Federal entity, the head of the designated Federal entity shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer. Nothing in this subsection shall prohibit a personnel action otherwise authorized by law, other than transfer or removal.
  • 5 U.S.C. § 415(f)(6)
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    (6) There are authorized to be appropriated, out of the Postal Service Fund, such sums as may be necessary for the Office of Inspector General of the United States Postal Service.
  • 5 U.S.C. § 415(g)(1)
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    (1) Sections 404, 405, 406 (other than paragraphs (7) and (8) of section 406(a)), and 407 of this title shall apply to each Inspector General and Office of Inspector General of a designated Federal entity, and such sections shall be applied to each designated Federal entity and head of the designated Federal entity (as defined under subsection (a)) by substituting—
    (A) “designated Federal entity” for “establishment”; and
    (B) “head of the designated Federal entity” for “head of the establishment”.
  • 5 U.S.C. § 415(g)(2)
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    (2) In addition to the other authorities specified in this chapter, an Inspector General 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 designated Federal entity.
  • 5 U.S.C. § 415(h)(1)
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    (1) Each year, the Director of the Office of Management and Budget, after consultation with the Comptroller General of the United States, shall publish in the Federal Register a list of the Federal entities and designated Federal entities and if the designated Federal entity is not a board or commission, include the head of each such entity (as defined under subsection (a)).
  • 5 U.S.C. § 415(h)(2)
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    (2) On October 31 of each year, the head of each Federal entity (as defined under subsection (a)) shall prepare and transmit to the Director of the Office of Management and Budget and to each House of the Congress a report that—
    (A) states whether there has been established in the Federal entity an office that meets the requirements of this section;
    (B) specifies the actions taken by the Federal entity otherwise to ensure that audits are conducted of its programs and operations in accordance with the standards for audit of governmental organizations, programs, activities, and functions issued by the Comptroller General of the United States, and includes a list of each audit report completed by a Federal or non-Federal auditor during the reporting period and a summary of any particularly significant findings; and
    (C) summarizes any matters relating to the personnel, programs, and operations of the Federal entity referred to prosecutive authorities, including a summary description of any preliminary investigation conducted by or at the request of the Federal entity concerning these matters, and the prosecutions and convictions which have resulted.
  • 5 U.S.C. § 415(h)(2)(A)
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    (A) states whether there has been established in the Federal entity an office that meets the requirements of this section;
  • 5 U.S.C. § 416(b)(1)(A)
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    (A) 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).
  • 5 U.S.C. § 416(b)(3)
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    (3) 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.
  • 5 U.S.C. § 417(e)
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    (e) 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.
  • 5 U.S.C. § 417(f)(1)
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    (1) 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).
  • 5 U.S.C. § 417(f)(2)(A)
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    (A) coordinate the activities of the Office of Inspector General with respect to investigations of abuses of civil rights or civil liberties;
  • 5 U.S.C. § 417(f)(2)(D)
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    (D) ensure that personnel within the Office of Inspector General receive sufficient training to conduct effective civil rights and civil liberties investigations;
  • 5 U.S.C. § 417(f)(2)(E)(ii)
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    (ii) any policy recommendations regarding civil rights and civil liberties that may be founded upon an investigation by the Office of Inspector General;
  • 5 U.S.C. § 417(f)(2)(H)
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    (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
  • 5 U.S.C. § 417(f)(2)(H)(ii)
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    (ii) the status of corrective actions taken by the Department in response to Office of the Inspector General reports; and
  • 5 U.S.C. § 419(b)(3)
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    (3) To assist in identifying for the lead inspector general for such contingency operation, Inspectors General and inspector general office personnel available to assist the lead Inspector General and the other Inspectors General specified in subsection (c) on matters relating to such contingency operation.
  • 5 U.S.C. § 419(d)(2)(A)
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    (A) To appoint, from among the offices of the other Inspectors General specified in subsection (c), an Inspector General to act as associate Inspector General for the contingency operation who shall act in a coordinating role to assist the lead Inspector General in the discharge of responsibilities under this subsection.
  • 5 U.S.C. § 419(d)(2)(B)
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    (B) To develop and carry out, in coordination with the offices of the other Inspectors General specified in subsection (c), a joint strategic plan to conduct comprehensive oversight over all aspects of the contingency operation and to ensure through either joint or individual audits, inspections, and investigations, independent and effective oversight of all programs and operations of the Federal Government in support of the contingency operation.
  • 5 U.S.C. § 420(a)(1)
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    (1) 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.
  • 5 U.S.C. § 420(a)(2)
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    (2) The direct link under paragraph (1) shall be obvious and facilitate accessibility to the website of the Office of the Inspector General.
  • 5 U.S.C. § 420(b)(1)(A)
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    (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
  • 5 U.S.C. § 420(b)(1)(B)(i)
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    (i) is easily accessible from a direct link on the homepage of the website of the Office of the Inspector General;
  • 5 U.S.C. § 420(b)(2)(A)
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    (A) 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.
  • 5 U.S.C. § 422(a)(1)
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    (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”;
    (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
  • 5 U.S.C. § 422(a)(1)(A)
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    (A) of the Department of Agriculture, the offices of that department referred to as the “Office of Investigation” and the “Office of Audit”;
  • 5 U.S.C. § 422(a)(1)(B)
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    (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;
  • 5 U.S.C. § 422(a)(1)(C)
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    (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;
  • 5 U.S.C. § 422(a)(1)(D)
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    (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);
  • 5 U.S.C. § 422(a)(1)(E)
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    (E) of the Department of Energy, the Office of Inspector General (as established by section 208 of the Department of Energy Organization Act);
  • 5 U.S.C. § 422(a)(1)(F)
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    (F) of the Department of Health and Human Services, the Office of Inspector General (as established by title II of Public Law 94–505);
  • 5 U.S.C. § 422(a)(1)(G)
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    (G) of the Department of Housing and Urban Development, the office of that department referred to as the “Office of Inspector General”;
  • 5 U.S.C. § 422(a)(1)(H)
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    (H) of the Department of the Interior, the office of that department referred to as the “Office of Audit and Investigation”;
  • 5 U.S.C. § 422(a)(1)(I)(i)
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    (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
  • 5 U.S.C. § 422(a)(1)(I)(i)(II)
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    (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”;
  • 5 U.S.C. § 422(a)(1)(I)(i)(III)
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    (III) the “Office of Internal Inspection, United States Marshals Service”; and
  • 5 U.S.C. § 422(a)(1)(I)(i)(IV)
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    (IV) the “Financial Audit Section, Office of Financial Management, Bureau of Prisons” and the “Office of Inspections, Bureau of Prisons”; and
  • 5 U.S.C. § 422(a)(1)(I)(ii)
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    (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;
  • 5 U.S.C. § 422(a)(1)(J)
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    (J) of the Department of Labor, the office of that department referred to as the “Office of Special Investigations”;
  • 5 U.S.C. § 422(a)(1)(K)
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    (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”;
  • 5 U.S.C. § 422(a)(1)(L)(i)
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    (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
  • 5 U.S.C. § 422(a)(1)(L)(ii)
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    (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;
  • 5 U.S.C. § 422(a)(1)(M)
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    (M) of the Environmental Protection Agency, the offices of that agency referred to as the “Office of Audit” and the “Security and Inspection Division”;
  • 5 U.S.C. § 422(a)(1)(N)
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    (N) of the Federal Emergency Management Agency, the office of that agency referred to as the “Office of Inspector General”;
  • 5 U.S.C. § 422(a)(1)(O)
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    (O) of the General Services Administration, the offices of that agency referred to as the “Office of Audits” and the “Office of Investigations”;
  • 5 U.S.C. § 422(a)(1)(P)
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    (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”;
  • 5 U.S.C. § 422(a)(1)(Q)
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    (Q) of the Nuclear Regulatory Commission, the office of that commission referred to as the “Office of Inspector and Auditor”;
  • 5 U.S.C. § 422(a)(1)(R)
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    (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”;
  • 5 U.S.C. § 422(a)(1)(S)
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    (S) of the Railroad Retirement Board, the Office of Inspector General (as established by section 23 of the Railroad Retirement Act of 1974);
  • 5 U.S.C. § 422(a)(1)(T)
    Go to provision →
    (T) of the Small Business Administration, the office of that agency referred to as the “Office of Audits and Investigations”;
  • 5 U.S.C. § 422(a)(1)(U)
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    (U) of the Department of Veterans Affairs, the offices of that department referred to as the “Office of Audits” and the “Office of Investigations”;
  • 5 U.S.C. § 422(a)(1)(V)
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    (V) of the Corporation for National and Community Service, the Office of Inspector General of ACTION; and
  • 5 U.S.C. § 422(a)(2)
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    (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,
  • 5 U.S.C. § 422(b)
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    (b) 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.
  • 5 U.S.C. § 422(d)
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    (d) 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.
  • 5 U.S.C. § 424(a)(2)(B)
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    (B) increase the professionalism and effectiveness of personnel by developing policies, standards, and approaches to aid in the establishment of a well-trained and highly skilled workforce in the offices of the Inspectors General.
  • 5 U.S.C. § 424(b)(1)(A)
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    (A) All Inspectors General whose offices are established under—
    (i) section 402 of this title; or
    (ii) section 415 of this title.
  • 5 U.S.C. § 424(b)(1)(C)
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    (C) The Controller of the Office of Federal Financial Management.
  • 5 U.S.C. § 424(b)(1)(E)
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    (E) The Director of the Office of Government Ethics.
  • 5 U.S.C. § 424(b)(1)(F)
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    (F) The Special Counsel of the Office of Special Counsel.
  • 5 U.S.C. § 424(b)(1)(G)
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    (G) The Deputy Director of the Office of Personnel Management.
  • 5 U.S.C. § 424(b)(1)(H)
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    (H) The Deputy Director for Management of the Office of Management and Budget.
  • 5 U.S.C. § 424(b)(1)(I)
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    (I) The Inspectors General of the Library of Congress, Capitol Police, Government Publishing Office, Government Accountability Office, and the Architect of the Capitol.
  • 5 U.S.C. § 424(b)(2)(A)
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    (A) The Deputy Director for Management of the Office of Management and Budget shall be the Executive Chairperson of the Council.
  • 5 U.S.C. § 424(b)(2)(B)
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    (B) The Council shall elect 1 of the Inspectors General referred to in paragraph (1)(A) or (B) to act as Chairperson of the Council. The term of office of the Chairperson shall be 2 years.
  • 5 U.S.C. § 424(c)(1)(C)
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    (C) develop policies that will aid in the maintenance of a corps of well-trained and highly skilled Office of Inspector General personnel;
  • 5 U.S.C. § 424(c)(1)(E)
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    (E) maintain 1 or more academies as the Council considers desirable for the professional training of auditors, investigators, inspectors, evaluators, and other personnel of the various offices of Inspector General;
  • 5 U.S.C. § 424(c)(1)(F)
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    (F) submit recommendations of individuals to the appropriate appointing authority for any appointment to an office of Inspector General described under subsection (b)(1)(A) or (B);
  • 5 U.S.C. § 424(c)(1)(H)
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    (H) except for matters coordinated among Inspectors General under section 103H of the National Security Act of 1947 (50 U.S.C. 3033), receive, review, and mediate any disputes submitted in writing to the Council by an Office of Inspector General regarding an audit, investigation, inspection, evaluation, or project that involves the jurisdiction of more than one Office of Inspector General; and
  • 5 U.S.C. § 424(c)(3)(A)(i)(I)
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    (I) Governmentwide training of employees of the Offices of the Inspectors General;
  • 5 U.S.C. § 424(c)(5)(B)
    Go to provision →
    (B) in consultation with the Office of Special Counsel and Whistleblower Protection Coordinators from the member offices of the Inspector General, develop best practices for coordination and communication in promoting the timely and appropriate handling and consideration of protected disclosures, allegations of reprisal, and general matters regarding the implementation and administration of whistleblower protection laws, in accordance with Federal law.
  • 5 U.S.C. § 424(d)(1)
    Go to provision →
    (1) The Council shall have an Integrity Committee, which shall receive, review, and refer for investigation allegations of wrongdoing that are made against Inspectors General and staff members of the various Offices of Inspector General described under paragraph (4)(C).
  • 5 U.S.C. § 424(d)(2)(A)(iii)
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    (iii) The Director of the Office of Government Ethics or the designee of the Director.
  • 5 U.S.C. § 424(d)(2)(B)(ii)
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    (ii) The term of office of the Chairperson of the Integrity Committee shall be 2 years.
  • 5 U.S.C. § 424(d)(4)(A)
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    (A) In this paragraph, the term “staff member” means any employee of an Office of Inspector General who—
    (i) reports directly to an Inspector General; or
    (ii) is designated by an Inspector General under subparagraph (C).
  • 5 U.S.C. § 424(d)(4)(B)
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    (B) An Inspector General shall refer to the Integrity Committee any allegation of wrongdoing against a staff member of the office of that Inspector General, if—
    (i) review of the substance of the allegation cannot be assigned to an agency of the executive branch with appropriate jurisdiction over the matter; and
    (ii) the Inspector General determines that—
    (I) an objective internal investigation of the allegation is not feasible; or
    (II) an internal investigation of the allegation may appear not to be objective.
  • 5 U.S.C. § 424(d)(5)(A)
    Go to provision →
    (A) Not later than 7 days after the date on which the Integrity Committee receives an allegation of wrongdoing against an Inspector General or against a staff member of an Office of Inspector General described under paragraph (4)(C), the allegation of wrongdoing shall be reviewed and referred to the Department of Justice or the Office of Special Counsel for investigation, or to the Integrity Committee for review, as appropriate, by—
    (i) a representative of the Department of Justice, as designated by the Attorney General;
    (ii) a representative of the Office of Special Counsel, as designated by the Special Counsel; and
    (iii) a representative of the Integrity Committee, as designated by the Chairperson of the Integrity Committee.
  • 5 U.S.C. § 424(d)(5)(A)(ii)
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    (ii) a representative of the Office of Special Counsel, as designated by the Special Counsel; and
  • 5 U.S.C. § 424(d)(7)(B)(i)(V)
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    (V) except as provided in clause (ii), ensuring, to the extent possible, that investigations are conducted by Offices of Inspector General of similar size;
  • 5 U.S.C. § 424(d)(7)(B)(ii)
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    (ii) The requirement under clause (i)(V) shall not apply to any Office of Inspector General with less than 50 employees who are authorized to conduct audits or investigations.
  • 5 U.S.C. § 424(d)(7)(D)
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    (D) If an allegation of wrongdoing against an Inspector General or a staff member of an Office of Inspector General described under paragraph (4)(C) is referred to the Department of Justice or the Office of Special Counsel under paragraph (5)(A), the Chairperson of the Integrity Committee may conduct any related investigation referred to the Chairperson under paragraph (5)(B) concurrently with the Department of Justice or the Office of Special Counsel, as applicable.
  • 5 U.S.C. § 424(d)(7)(E)(ii)
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    (ii) For each allegation of wrongdoing referred to the Department of Justice or the Office of Special Counsel under paragraph (5)(A), the Attorney General or the Special Counsel, as applicable, shall submit to the Integrity Committee a report containing the results of the investigation.
  • 5 U.S.C. § 424(d)(9)(B)
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    (B) The number of allegations referred to the Department of Justice or the Office of Special Counsel, including the number of allegations referred for criminal investigation.
  • 5 U.S.C. § 424(d)(12)(B)(i)
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    (i) An allegation of wrongdoing against the Special Counsel or the Deputy Special Counsel may be received, reviewed, and referred for investigation to the same extent and in the same manner as in the case of an allegation against an Inspector General or against a staff member of an Office of Inspector General described under paragraph (4)(C), subject to the requirement that the representative designated by the Special Counsel under paragraph (5)(A)(ii) shall recuse himself or herself from the consideration of any allegation brought under this paragraph.
  • 5 U.S.C. § 424(e)(1)
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    (1) In this subsection, the term “Office of Inspector General” means the Office of—
    (A) an Inspector General described in subparagraph (A), (B), or (I) of subsection (b)(1);
    (B) the Special Inspector General for Afghanistan Reconstruction established under section 1229 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 378);
    (C) the Special Inspector General for the Troubled Asset Relief Program established under section 121 of title I of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5231); and
    (D) the Special Inspector General for Pandemic Recovery established under section 4018 of the Coronavirus Economic Stabilization Act of 2020 (15 U.S.C. 9053).
  • 5 U.S.C. § 424(e)(2)(A)
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    (A) to consolidate all public reports from each Office of Inspector General to improve the access of the public to any audit report, inspection report, or evaluation report (or portion of any such report) made by an Office of Inspector General; and
  • 5 U.S.C. § 424(e)(3)
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    (3) Each Office of Inspector General that publishes an audit report, inspection report, or evaluation report (or portion of any such report) on the website of the Office of Inspector General shall, or in the case of the office of an Inspector General described in subparagraph (I) of subsection (b)(1) may, contemporaneously publish the report (or portion of the report) on oversight.gov in a manner prescribed by the Council.
  • 5 U.S.C. § 500(e)
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    (e) Subsections (b)–(d) of this section do not apply to practice before the United States Patent and Trademark Office with respect to patent matters that continue to be covered by chapter 3 (sections 31–33) of title 35.
  • 5 U.S.C. § 552(a)(4)(A)(i)
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    (i) In order to carry out the provisions of this section, each agency shall promulgate regulations, pursuant to notice and receipt of public comment, specifying the schedule of fees applicable to the processing of requests under this section and establishing procedures and guidelines for determining when such fees should be waived or reduced. Such schedule shall conform to the guidelines which shall be promulgated, pursuant to notice and receipt of public comment, by the Director of the Office of Management and Budget and which shall provide for a uniform schedule of fees for all agencies.
  • 5 U.S.C. § 552(a)(6)(A)(i)(III)(bb)
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    (bb) the right of such person to seek dispute resolution services from the FOIA Public Liaison of the agency or the Office of Government Information Services; and
  • 5 U.S.C. § 552(a)(6)(B)(ii)
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    (ii) With respect to a request for which a written notice under clause (i) extends the time limits prescribed under clause (i) of subparagraph (A), the agency shall notify the person making the request if the request cannot be processed within the time limit specified in that clause and shall provide the person an opportunity to limit the scope of the request so that it may be processed within that time limit or an opportunity to arrange with the agency an alternative time frame for processing the request or a modified request. To aid the requester, each agency shall make available its FOIA Public Liaison, who shall assist in the resolution of any disputes between the requester and the agency, and notify the requester of the right of the requester to seek dispute resolution services from the Office of Government Information Services. Refusal by the person to reasonably modify the request or arrange such an alternative time frame shall be considered as a factor in determining whether exceptional circumstances exist for purposes of subparagraph (C).
  • 5 U.S.C. § 552(a)(6)(B)(iii)(I)
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    (I) the need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request;
  • 5 U.S.C. § 552(e)(1)
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    (1) On or before February 1 of each year, each agency shall submit to the Attorney General of the United States and to the Director of the Office of Government Information Services a report which shall cover the preceding fiscal year and which shall include—
    (A) the number of determinations made by the agency not to comply with requests for records made to such agency under subsection (a) and the reasons for each such determination;
    (i) the number of appeals made by persons under subsection (a)(6), the result of such appeals, and the reason for the action upon each appeal that results in a denial of information; and
    (ii) a complete list of all statutes that the agency relies upon to authorize the agency to withhold information under subsection (b)(3), the number of occasions on which each statute was relied upon, a description of whether a court has upheld the decision of the agency to withhold information under each such statute, and a concise description of the scope of any information withheld;
    (C) the number of requests for records pending before the agency as of September 30 of the preceding year, and the median and average number of days that such requests had been pending before the agency as of that date;
    (D) the number of requests for records received by the agency and the number of requests which the agency processed;
    (E) the median number of days taken by the agency to process different types of requests, based on the date on which the requests were received by the agency;
    (F) the average number of days for the agency to respond to a request beginning on the date on which the request was received by the agency, the median number of days for the agency to respond to such requests, and the range in number of days for the agency to respond to such requests;
    (G) based on the number of business days that have elapsed since each request was originally received by the agency—
    (i) the number of requests for records to which the agency has responded with a determination within a period up to and including 20 days, and in 20-day increments up to and including 200 days;
    (ii) the number of requests for records to which the agency has responded with a determination within a period greater than 200 days and less than 301 days;
    (iii) the number of requests for records to which the agency has responded with a determination within a period greater than 300 days and less than 401 days; and
    (iv) the number of requests for records to which the agency has responded with a determination within a period greater than 400 days;
    (H) the average number of days for the agency to provide the granted information beginning on the date on which the request was originally filed, the median number of days for the agency to provide the granted information, and the range in number of days for the agency to provide the granted information;
    (I) the median and average number of days for the agency to respond to administrative appeals based on the date on which the appeals originally were received by the agency, the highest number of business days taken by the agency to respond to an administrative appeal, and the lowest number of business days taken by the agency to respond to an administrative appeal;
    (J) data on the 10 active requests with the earliest filing dates pending at each agency, including the amount of time that has elapsed since each request was originally received by the agency;
    (K) data on the 10 active administrative appeals with the earliest filing dates pending before the agency as of September 30 of the preceding year, including the number of business days that have elapsed since the requests were originally received by the agency;
    (L) the number of expedited review requests that are granted and denied, the average and median number of days for adjudicating expedited review requests, and the number adjudicated within the required 10 days;
    (M) the number of fee waiver requests that are granted and denied, and the average and median number of days for adjudicating fee waiver determinations;
    (N) the total amount of fees collected by the agency for processing requests;
    (O) the number of full-time staff of the agency devoted to processing requests for records under this section, and the total amount expended by the agency for processing such requests;
    (P) the number of times the agency denied a request for records under subsection (c); and
    (Q) the number of records that were made available for public inspection in an electronic format under subsection (a)(2).
  • 5 U.S.C. § 552(e)(5)
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    (5) The Attorney General of the United States, in consultation with the Director of the Office of Management and Budget, shall develop reporting and performance guidelines in connection with reports required by this subsection by October 1, 1997, and may establish additional requirements for such reports as the Attorney General determines may be useful.
  • 5 U.S.C. § 552(f)(1)
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    (1) “agency” as defined in section 551(1) of this title includes any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency; and
  • 5 U.S.C. § 552(h)(1)
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    (1) There is established the Office of Government Information Services within the National Archives and Records Administration. The head of the Office shall be the Director of the Office of Government Information Services.
  • 5 U.S.C. § 552(h)(2)
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    (2) The Office of Government Information Services shall—
    (A) review policies and procedures of administrative agencies under this section;
    (B) review compliance with this section by administrative agencies; and
    (C) identify procedures and methods for improving compliance under this section.
  • 5 U.S.C. § 552(h)(3)
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    (3) The Office of Government Information Services shall offer mediation services to resolve disputes between persons making requests under this section and administrative agencies as a nonexclusive alternative to litigation and may issue advisory opinions at the discretion of the Office or upon request of any party to a dispute.
  • 5 U.S.C. § 552(h)(4)(A)
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    (A) Not less frequently than annually, the Director of the Office of Government Information Services shall submit to the Committee on Oversight and Government Reform of the House of Representatives, the Committee on the Judiciary of the Senate, and the President—
    (i) a report on the findings of the information reviewed and identified under paragraph (2);
    (ii) a summary of the activities of the Office of Government Information Services under paragraph (3), including—
    (I) any advisory opinions issued; and
    (II) the number of times each agency engaged in dispute resolution with the assistance of the Office of Government Information Services or the FOIA Public Liaison; and
    (iii) legislative and regulatory recommendations, if any, to improve the administration of this section.
  • 5 U.S.C. § 552(h)(4)(A)(ii)
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    (ii) a summary of the activities of the Office of Government Information Services under paragraph (3), including—
    (I) any advisory opinions issued; and
    (II) the number of times each agency engaged in dispute resolution with the assistance of the Office of Government Information Services or the FOIA Public Liaison; and
  • 5 U.S.C. § 552(h)(4)(A)(ii)(II)
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    (II) the number of times each agency engaged in dispute resolution with the assistance of the Office of Government Information Services or the FOIA Public Liaison; and
  • 5 U.S.C. § 552(h)(4)(B)
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    (B) The Director of the Office of Government Information Services shall make each report submitted under subparagraph (A) available for public inspection in an electronic format.
  • 5 U.S.C. § 552(h)(4)(C)
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    (C) The Director of the Office of Government Information Services shall not be required to obtain the prior approval, comment, or review of any officer or agency of the United States, including the Department of Justice, the Archivist of the United States, or the Office of Management and Budget before submitting to Congress, or any committee or subcommittee thereof, any reports, recommendations, testimony, or comments, if such submissions include a statement indicating that the views expressed therein are those of the Director and do not necessarily represent the views of the President.
  • 5 U.S.C. § 552(h)(5)
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    (5) The Director of the Office of Government Information Services may directly submit additional information to Congress and the President as the Director determines to be appropriate.
  • 5 U.S.C. § 552(h)(6)
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    (6) Not less frequently than annually, the Office of Government Information Services shall conduct a meeting that is open to the public on the review and reports by the Office and shall allow interested persons to appear and present oral or written statements at the meeting.
  • 5 U.S.C. § 552(i)
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    (i) The Government Accountability Office shall conduct audits of administrative agencies on the implementation of this section and issue reports detailing the results of such audits.
  • 5 U.S.C. § 552(j)(2)(G)
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    (G) serve as the primary agency liaison with the Office of Government Information Services and the Office of Information Policy; and
  • 5 U.S.C. § 552(j)(3)(F)
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    (F) dispute resolution services with the assistance of the Office of Government Information Services or the FOIA Public Liaison.
  • 5 U.S.C. § 552(k)(2)(A)
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    (A) The Deputy Director for Management of the Office of Management and Budget.
  • 5 U.S.C. § 552(k)(2)(B)
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    (B) The Director of the Office of Information Policy at the Department of Justice.
  • 5 U.S.C. § 552(k)(2)(C)
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    (C) The Director of the Office of Government Information Services.
  • 5 U.S.C. § 552(k)(3)
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    (3) The Director of the Office of Information Policy at the Department of Justice and the Director of the Office of Government Information Services shall be the Co-Chairs of the Council.
  • 5 U.S.C. § 552(m)(1)
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    (1) The Director of the Office of Management and Budget, in consultation with the Attorney General, shall ensure the operation of a consolidated online request portal that allows a member of the public to submit a request for records under subsection (a) to any agency from a single website. The portal may include any additional tools the Director of the Office of Management and Budget finds will improve the implementation of this section.
  • 5 U.S.C. § 552(m)(2)
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    (2) This subsection shall not be construed to alter the power of any other agency to create or maintain an independent online portal for the submission of a request for records under this section. The Director of the Office of Management and Budget shall establish standards for interoperability between the portal required under paragraph (1) and other request processing software used by agencies subject to this section.
  • 5 U.S.C. § 552a(a)(8)(B)(iv)
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    (iv) matches of tax information (I) pursuant to section 6103(d) of the Internal Revenue Code of 1986, (II) for purposes of tax administration as defined in section 6103(b)(4) of such Code, (III) for the purpose of intercepting a tax refund due an individual under authority granted by section 404(e), 464, or 1137 of the Social Security Act; or (IV) for the purpose of intercepting a tax refund due an individual under any other tax refund intercept program authorized by statute which has been determined by the Director of the Office of Management and Budget to contain verification, notice, and hearing requirements that are substantially similar to the procedures in section 1137 of the Social Security Act;
  • 5 U.S.C. § 552a(a)(8)(B)(v)(I)
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    (I) using records predominantly relating to Federal personnel, that are performed for routine administrative purposes (subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection (v)); or
  • 5 U.S.C. § 552a(b)(10)
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    (10) to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government Accountability Office;
  • 5 U.S.C. § 552a(b)(11)
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    (11) to the Director of the Congressional Budget Office, or any authorized representative of the Director, in the course of performance of the duties of the Congressional Budget Office;
  • 5 U.S.C. § 552a(f)
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    (f) In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in accordance with the requirements (including general notice) of section 553 of this title, which shall—
    (1) establish procedures whereby an individual can be notified in response to his request if any system of records named by the individual contains a record pertaining to him;
    (2) define reasonable times, places, and requirements for identifying an individual who requests his record or information pertaining to him before the agency shall make the record or information available to the individual;
    (3) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical rec­ords, including psychological records, pertaining to him;
    (4) establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial adverse agency determination, and for whatever additional means may be necessary for each individual to be able to exercise fully his rights under this section; and
    (5) establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record.
    The Office of the Federal Register shall biennially compile and publish the rules promulgated under this subsection and agency notices published under subsection (e)(4) of this section in a form available to the public at low cost.
  • 5 U.S.C. § 552a(o)(1)(D)
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    (D) procedures for providing individualized notice at the time of application, and notice periodically thereafter as directed by the Data Integrity Board of such agency (subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection (v)), to—
    (i) applicants for and recipients of financial assistance or payments under Federal benefit programs, and
    (ii) applicants for and holders of positions as Federal personnel,
    that any information provided by such applicants, recipients, holders, and individuals may be subject to verification through matching programs;
  • 5 U.S.C. § 552a(p)(1)(A)(ii)
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    (ii) the Data Integrity Board of the agency, or in the case of a non-Federal agency the Data Integrity Board of the source agency, determines in accordance with guidance issued by the Director of the Office of Management and Budget that—
    (I) the information is limited to identification and amount of benefits paid by the source agency under a Federal benefit program; and
    (II) there is a high degree of confidence that the information provided to the recipient agency is accurate;
  • 5 U.S.C. § 552a(r)
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    (r) Each agency that proposes to establish or make a significant change in a system of records or a matching program shall provide adequate advance notice of any such proposal (in duplicate) to the Committee on Government Operations of the House of Representatives, the Committee on Governmental Affairs of the Senate, and the Office of Management and Budget in order to permit an evaluation of the probable or potential effect of such proposal on the privacy or other rights of individuals.
  • 5 U.S.C. § 552a(s)(1)
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    (1) describing the actions of the Director of the Office of Management and Budget pursuant to section 6 of the Privacy Act of 1974 during the preceding 2 years;
  • 5 U.S.C. § 552a(u)(3)(D)
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    (D) shall compile an annual report, which shall be submitted to the head of the agency and the Office of Management and Budget and made available to the public on request, describing the matching activities of the agency, including—
    (i) matching programs in which the agency has participated as a source agency or recipient agency;
    (ii) matching agreements proposed under subsection (o) that were disapproved by the Board;
    (iii) any changes in membership or structure of the Board in the preceding year;
    (iv) the reasons for any waiver of the requirement in paragraph (4) of this section for completion and submission of a cost-benefit analysis prior to the approval of a matching program;
    (v) any violations of matching agreements that have been alleged or identified and any corrective action taken; and
    (vi) any other information required by the Director of the Office of Management and Budget to be included in such report;
  • 5 U.S.C. § 552a(u)(3)(D)(vi)
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    (vi) any other information required by the Director of the Office of Management and Budget to be included in such report;
  • 5 U.S.C. § 552a(u)(4)(B)
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    (B) The Board may waive the requirements of subparagraph (A) of this paragraph if it determines in writing, in accordance with guidelines prescribed by the Director of the Office of Management and Budget, that a cost-benefit analysis is not required.
  • 5 U.S.C. § 552a(u)(5)(A)
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    (A) If a matching agreement is disapproved by a Data Integrity Board, any party to such agreement may appeal the disapproval to the Director of the Office of Management and Budget. Timely notice of the filing of such an appeal shall be provided by the Director of the Office of Management and Budget to the Committee on Governmental Affairs of the Senate and the Committee on Government Operations of the House of Representatives.
  • 5 U.S.C. § 552a(u)(5)(B)
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    (B) The Director of the Office of Management and Budget may approve a matching agreement notwithstanding the disapproval of a Data Integrity Board if the Director determines that—
    (i) the matching program will be consistent with all applicable legal, regulatory, and policy requirements;
    (ii) there is adequate evidence that the matching agreement will be cost-effective; and
    (iii) the matching program is in the public interest.
  • 5 U.S.C. § 552a(u)(5)(D)
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    (D) If the Data Integrity Board and the Director of the Office of Management and Budget disapprove a matching program proposed by the inspector general of an agency, the inspector general may report the disapproval to the head of the agency and to the Congress.
  • 5 U.S.C. § 552a(v)
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    (v) The Director of the Office of Management and Budget shall—
    (1) develop and, after notice and opportunity for public comment, prescribe guidelines and regulations for the use of agencies in implementing the provisions of this section; and
    (2) provide continuing assistance to and oversight of the implementation of this section by agencies.
  • 5 U.S.C. § 552b(g)
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    (g) Each agency subject to the requirements of this section shall, within 180 days after the date of enactment of this section, following consultation with the Office of the Chairman of the Administrative Conference of the United States and published notice in the Federal Register of at least thirty days and opportunity for written comment by any person, promulgate regulations to implement the requirements of subsections (b) through (f) of this section. Any person may bring a proceeding in the United States District Court for the District of Columbia to require an agency to promulgate such regulations if such agency has not promulgated such regulations within the time period specified herein. Subject to any limitations of time provided by law, any person may bring a proceeding in the United States Court of Appeals for the District of Columbia to set aside agency regulations issued pursuant to this subsection that are not in accord with the requirements of subsections (b) through (f) of this section and to require the promulgation of regulations that are in accord with such subsections.
  • 5 U.S.C. § 595(b)
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    (b) The Conference includes a Council composed of the Chairman of the Conference, who is Chairman of the Council, and 10 other members appointed by the President, of whom not more than one-half shall be employees of Federal regulatory agencies or Executive departments. The President may designate a member of the Council as Vice Chairman. During the absence or incapacity of the Chairman, or when that office is vacant, the Vice Chairman shall serve as Chairman. The term of each member, except the Chairman, is 3 years. When the term of a member ends, he may continue to serve until a successor is appointed. However, the service of any member ends when a change in his employment status would make him ineligible for Council membership under the conditions of his original appointment. The Council has the power to—
    (1) determine the time and place of plenary sessions of the Conference and the agenda for the sessions. The Council shall call at least one plenary session each year;
    (2) propose bylaws and regulations, including rules of procedure and committee organization, for adoption by the Assembly;
    (3) make recommendations to the Conference or its committees on a subject germane to the purpose of the Conference;
    (4) receive and consider reports and recommendations of committees of the Conference and send them to members of the Conference with the views and recommendations of the Council;
    (5) designate a member of the Council to preside at meetings of the Council in the absence or incapacity of the Chairman and Vice Chairman;
    (6) designate such additional officers of the Conference as it considers desirable;
    (7) approve or revise the budgetary proposals of the Chairman; and
    (8) exercise such other powers as may be delegated to it by the Assembly.
  • 5 U.S.C. § 595(c)(8)
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    (8) rent office space in the District of Columbia;
  • 5 U.S.C. § 601(3)
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    (3) the term “small business” has the same meaning as the term “small business concern” under section 3 of the Small Business Act, unless an agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes one or more definitions of such term which are appropriate to the activities of the agency and publishes such definition(s) in the Federal Register;
  • 5 U.S.C. § 609(b)(3)
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    (3) the agency shall convene a review panel for such rule consisting wholly of full time Federal employees of the office within the agency responsible for carrying out the proposed rule, the Office of Information and Regulatory Affairs within the Office of Management and Budget, and the Chief Counsel;
  • 5 U.S.C. § 609(e)
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    (e) The Chief Counsel for Advocacy, in consultation with the individuals identified in subsection (b)(2), and with the Administrator of the Office of Information and Regulatory Affairs within the Office of Management and Budget, may waive the requirements of subsections (b)(3), (b)(4), and (b)(5) by including in the rulemaking record a written finding, with reasons therefor, that those requirements would not advance the effective participation of small entities in the rulemaking process. For purposes of this subsection, the factors to be considered in making such a finding are as follows:
    (1) In developing a proposed rule, the extent to which the covered agency consulted with individuals representative of affected small entities with respect to the potential impacts of the rule and took such concerns into consideration.
    (2) Special circumstances requiring prompt issuance of the rule.
    (3) Whether the requirements of subsection (b) would provide the individuals identified in subsection (b)(2) with a competitive advantage relative to other small entities.
  • 5 U.S.C. § 702
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    A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof. An action in a court of the United States seeking relief other than money damages and stating a claim that an agency or an officer or employee thereof acted or failed to act in an official capacity or under color of legal authority shall not be dismissed nor relief therein be denied on the ground that it is against the United States or that the United States is an indispensable party. The United States may be named as a defendant in any such action, and a judgment or decree may be entered against the United States: Provided, That any mandatory or injunctive decree shall specify the Federal officer or officers (by name or by title), and their successors in office, personally responsible for compliance. Nothing herein (1) affects other limitations on judicial review or the power or duty of the court to dismiss any action or deny relief on any other appropriate legal or equitable ground; or (2) confers authority to grant relief if any other statute that grants consent to suit expressly or impliedly forbids the relief which is sought.
  • 5 U.S.C. § 804(2)
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    (2) The term “major rule” means any rule that the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget finds has resulted in or is likely to result in—
    (A) an annual effect on the economy of $100,000,000 or more;
    (B) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or
    (C) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets.
    The term does not include any rule promulgated under the Telecommunications Act of 1996 and the amendments made by that Act.
  • 5 U.S.C. § 902(1)
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    (1) “agency” means—
    (A) an Executive agency or part thereof; and
    (B) an office or officer in the executive branch;
    but does not include the Government Accountability Office or the Comptroller General of the United States;
  • 5 U.S.C. § 902(1)(B)
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    (B) an office or officer in the executive branch;
  • 5 U.S.C. § 904
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    A reorganization plan transmitted by the President under section 903 of this title—
  • 5 U.S.C. § 905(a)(6)
    Go to provision →
    (6) increasing the term of an office beyond that provided by law for the office; or
  • 5 U.S.C. § 1003(b)(3)
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    (3) the Office of the Director of National Intelligence, if the Director of National Intelligence determines that for reasons of national security the advisory committee cannot comply with the requirements of this chapter.
  • 5 U.S.C. § 1006(d)(1)
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    (1) The Administrator, after study and consultation with the Director of the Office of Personnel Management, shall establish guidelines with respect to uniform fair rates of pay for comparable services of members, staffs, and consultants of advisory committees in a manner that gives appropriate recognition to the responsibilities and qualifications required and other relevant factors. The guidelines shall provide that—
    (A) a member of an advisory committee or of the staff of an advisory committee shall not receive compensation at a rate in excess of the maximum rate payable under section 5376 of this title;
    (B) members of advisory committees, while engaged in the performance of their duties away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of this title for persons employed intermittently in the Government service; and
    (C) members of advisory committees may be provided services pursuant to section 3102 of this title while in performance of their advisory committee duties if the members—
    (i) are blind or deaf or otherwise qualify as individuals with disabilities (within the meaning of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791)); and
    (ii) do not otherwise qualify for assistance under section 3102 of this title by reason of being an employee of an agency (within the meaning of section 3102(a)(1) of this title).
  • 5 U.S.C. § 1009(b)
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    (b) Subject to section 552 of this title, the records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, or other documents which were made available to or prepared for or by each advisory committee shall be available for public inspection and copying at a single location in the offices of the advisory committee or the agency to which the advisory committee reports until the advisory committee ceases to exist.