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5 U.S.C. § 419 — Special provisions concerning overseas contingency operations

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5 U.S.C. § 419 — Special provisions concerning overseas contingency operations

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Source file: Laws/federal/codes/united-states-code/title-5/section-419-special-provisions-concerning-overseas-contingency-operations--13e1a52c1e.md
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Source location: Title 5, Chapter 4, § 419; chapter-004-inspectors-general.md

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**(a) Additional Responsibilities of Chair of Council of Inspectors General on Integrity and Efficiency.—** The Chair of the Council of Inspectors General on Integrity and Efficiency (CIGIE) shall, in consultation with the members of the Council, have the additional responsibilities specified in subsection (b) with respect to the Inspectors General specified in subsection (c) upon the earlier of— (1) the commencement or designation of a military operation as an overseas contingency operation that exceeds 60 days; or (2) receipt of a notification under section 113(n) 11 See References in Text note below. of title 10 with respect to an overseas contingency operation. **(b) Specific Responsibilities.—** The responsibilities specified in this subsection are the following: (1) **Designate lead inspector general.—** — 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). (2) **Resolve conflicts of jurisdiction.—** — To resolve conflicts of jurisdiction among the Inspectors General specified in subsection (c) on investigations, inspections, and audits with respect to such contingency operation in accordance with subsection (d)(2)(B). (3) **Identify office personnel.—** — 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. **(c) Inspectors General.—** The Inspectors General specified in this subsection are the Inspectors General as follows: (1) The Inspector General of the Department of Defense. (2) The Inspector General of the Department of State. (3) The Inspector General of the United States Agency for International Development. **(d) Lead Inspector General for Overseas Contingency Operation.—** (1) **Designation.—** — 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 overeas 22 So in original. Probably should be “overseas”. 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) **Responsibilities.—** — The lead Inspector General for an overseas contingency operation shall have the following responsibilities: (A) *Appoint associate inspector general.—* — 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) *Strategic plan to conduct comprehensive oversight.—* — 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) *Accuracy of information.—* — 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. (D) *Jurisdictional matters.—* (i) *No inspector general with principal jurisdiction.—* — 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) *More than one inspector general with jurisdiction.—* — 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. (iii) *Investigations.—* (I) *Request by inspector general with principal jurisdiction.—* — 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) *No inspector general with principal jurisdiction.—* — 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) *Personnel.—* — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3161&num=0&edition=prelim) (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) *Report on activity.—* — 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) *Report on contingency operation.—* — 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) *Other responsibilities.—* — 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) *Enhancing cooperation.—* — 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). (3) **Employment of annuitants.—** (A) *In general.—* — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section9902/g&num=0&edition=prelim), for purposes of assisting the lead Inspector General in discharging responsibilities under this subsection with respect to the contingency operation. (B) *Deemed department of defense.—* — The employment of annuitants under this paragraph shall be subject to the provisions of [section 9902(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section9902/g&num=0&edition=prelim) as if the lead Inspector General concerned was the Department of Defense. (C) *Foreign service annuitants.—* (i) *Continuance of annuity.—* — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4041&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4041&num=0&edition=prelim) et seq.) or an employee for purposes of subchapter III of chapter 83 or chapter 84 of this title. (ii) *Election regarding reemployment.—* — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4064&num=0&edition=prelim)). 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) **Discharge of responsibilities in accordance with chapter.—** — 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) **Ccompetitive 33 So in original. status for appointment.—** (A) *In general.—* — 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) *Limitation.—* — 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). **(e) Sunset for Particular Contingency Operations.—** The requirements and authorities of this section with respect to an overseas contingency operation shall cease at the end of the first fiscal year after the commencement or designation of the contingency operation in which the total amount appropriated for the contingency operation is less than $100,000,000. **(f) Construction of Authority.—** Nothing in this section shall be construed to limit the ability of the Inspectors General specified in subsection (c) to enter into agreements to conduct joint audits, inspections, or investigations in the exercise of their oversight responsibilities in accordance with this chapter with respect to overseas contingency operations.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3901 — Congressional findings and objectives

**(a)** The Congress finds that— (1) a career foreign service, characterized by excellence and professionalism, is essential in the national interest to assist the President and the Secretary of State in conducting the foreign affairs of the United States; (2) the scope and complexity of the foreign affairs of the Nation have heightened the need for a professional foreign service that will serve the foreign affairs interests of the United States in an integrated fashion and that can provide a resource of qualified personnel for the President, the Secretary of State, and the agencies concerned with foreign affairs; (3) the Foreign Service of the United States, established under the Act of May 24, 1924 (commonly known as the Rogers Act) and continued by the Foreign Service Act of 1946, must be preserved, strengthened, and improved in order to carry out its mission effectively in response to the complex challenges of modern diplomacy and international relations; (4) the members of the Foreign Service should be representative of the American people, aware of the principles and history of the United States and informed of current concerns and trends in American life, knowledgeable of the affairs, cultures, and languages of other countries, and available to serve in assignments throughout the world; and (5) the Foreign Service should be operated on the basis of merit principles. **(b)** The objective of this chapter is to strengthen and improve the Foreign Service of the United States by— (1) assuring, in accordance with merit principles, admission through impartial and rigorous examination, acquisition of career status only by those who have demonstrated their fitness through successful completion of probationary assignments, effective career development, advancement

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22 U.S.C. § 4064 — Reemployment

**(a) Termination of annuity; coverage under same retirement system or another contributory retirement system; rights and benefits** (1) (A) 11 So in original. No par. (2) has been enacted. Except in the case of an annuitant who makes an election under subsection (b) or in the case of a waiver under subsection (g), if any former participant, who has retired and is receiving an annuity under this part or part II of this subchapter, becomes employed in an appointive or elective position in the Government, payment of any annuity under either part to the annuitant shall terminate effective on the date of the employment and the reemployment service shall be covered service under the rules of the system under which the appointment is made. (B) If the annuity of an individual is terminated under subparagraph (A) and that individual becomes covered under the same retirement system from which that annuity is terminated, that individual shall be entitled to a redetermination of rights under that system upon termination of the employment. (C) If the annuity is terminated and the individual becomes covered under another contributory retirement system for Government employees pursuant to paragraph (A), the individual shall be entitled to benefits under the rules of that system. In addition, the individual shall be entitled to a resumption of any annuity terminated by reason of the employment. **(b) Part-time, intermittent, or temporary employment; election to continue receiving annuity; reduction in amount of annuity; resumption of full annuity** (1) A participant who is entitled to an annuity under this part or part II of this subchapter and becomes employed in an appointive or elective position in the Government on a part-time, intermittent, or temporary basis may elec

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5 U.S.C. § 101 — Executive departments

The Executive departments are:

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5 U.S.C. § 3161 — Employment and compensation of employees

**(a) Definition of Temporary Organization.—** For the purposes of this subchapter, the term “temporary organization” means a commission, committee, board, or other organization that— (1) is established by law or Executive order for a specific period not in excess of three years for the purpose of performing a specific study or other project; and (2) is terminated upon the completion of the study or project or upon the occurrence of a condition related to the completion of the study or project. **(b) Employment Authority.—** (1) Notwithstanding the provisions of chapter 51 of this title, the head of a temporary organization may appoint persons to positions of employment in a temporary organization in such numbers and with such skills as are necessary for the performance of the functions required of a temporary organization. (2) The period of an appointment under paragraph (1) may not exceed three years, except that under regulations prescribed by the Office of Personnel Management the period of appointment may be extended for up to an additional two years. (3) The positions of employment in a temporary organization are in the excepted service of the civil service. **(c) Detail Authority.—** Upon the request of the head of a temporary organization, the head of any department or agency of the Government may detail, on a nonreimbursable basis, any personnel of the department or agency to that organization to assist in carrying out its duties. **(d) Compensation.—** (1) The rate of basic pay for an employee appointed under subsection (b) shall be established under regulations prescribed by the Office of Personnel Management without regard to the provisions of chapter 51 and subchapter III of chapter 53 of this title. (2) The rate of basic pay for the chairman, a m

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22 U.S.C. § 4041 — Administration

In accordance with such regulations as the President may prescribe, the Secretary of State shall administer the Foreign Service Retirement and Disability System (hereinafter in this part referred to as the “System”), originally established pursuant to section 18 of the Act of May 24, 1924 (43 Stat. 144).

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10 U.S.C. § 8621 — Acceptance and care of gifts to vessels

The Secretary of the Navy may accept and care for such gifts of silver, colors, books, or other articles of equipment or furniture as, in accordance with custom, are made to vessels of the Navy. Necessary expenses incident to the care of gifts that are accepted shall be paid from the appropriation for the maintenance and operation of vessels.

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12 U.S.C. § 1795 — Prompt corrective action

**(a) Resolving problems to protect Fund** (1) **Purpose** — The purpose of this section is to resolve the problems of insured credit unions at the least possible long-term loss to the Fund. (2) **Prompt corrective action required** — The Board shall carry out the purpose of this section by taking prompt corrective action to resolve the problems of insured credit unions. **(b) Regulations required** (1) **Insured credit unions** (A) *In general* — The Board shall, by regulation, prescribe a system of prompt corrective action for insured credit unions that is— (i) consistent with this section; and (ii) comparable to section 1831o of this title. (B) *Cooperative character of credit unions* — The Board shall design the system required under subparagraph (A) to take into account that credit unions are not-for-profit cooperatives that— (i) do not issue capital stock; (ii) must rely on retained earnings to build net worth; and (iii) have boards of directors that consist primarily of volunteers. (2) **New credit unions** (A) *In general* — In addition to regulations under paragraph (1), the Board shall, by regulation, prescribe a system of prompt corrective action that shall apply to new credit unions in lieu of this section and the regulations prescribed under paragraph (1). (B) *Criteria for alternative system* — The Board shall design the system prescribed under subparagraph (A)— (i) to carry out the purpose of this section; (ii) to recognize that credit unions (as cooperatives that do not issue capital stock) initially have no net worth, and give new credit unions reasonable time to accumulate net worth; (iii) to create adequate incentives for new credit unions to become adequately capitalized by the time that they e

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22 U.S.C. § 1928f — Limitation on withdrawal from the North Atlantic Treaty Organization

**(a) Opposition of Congress to suspension, termination, denunciation, or withdrawal from North Atlantic Treaty** The President shall not suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty, done at Washington, DC, April 4, 1949, except by and with the advice and consent of the Senate, provided that two-thirds of the Senators present concur, or pursuant to an Act of Congress. **(b) Limitation on the use of funds** No funds authorized or appropriated by any Act may be used to support, directly or indirectly, any decision on the part of any United States Government official to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty, done at Washington, DC, April 4, 1949, except by and with the advice and consent of the Senate, provided that two-thirds of the Senators present concur, or pursuant to an Act of Congress. **(c) Notification of Treaty action** (1) **Consultation** — Prior to the notification described in paragraph (2), the President shall consult with the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives in relation to any initiative to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty. (2) **Notification** — The President shall notify the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives in writing of any deliberation or decision to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty, as soon as possible but in no event later than 180 days prior to taking such action. **(d) Rule of construction** Nothing in this section shall be construed to authorize, imply, or otherwise indica

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22 U.S.C. § 4041 — Administration

Page 1475 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4041 § 4029. Increased training in multilateral diplo- macy (1) Statement of policy It shall be the policy of the United States that training courses should be established for For- eign Service Officers and civil service employees of the State Department, including appropriate chiefs of mission, on the conduct of multilateral diplomacy, including the conduct of negotia- tions at international organizations and multi- lateral institutions, negotiating skills that are required at multilateral settings, coalition- building techniques, and lessons learned from previous United States multilateral negotia- tions. (2) Personnel (A) In general The Secretary shall ensure that the training described in paragraph (1) is provided at var- ious stages of the career of members of the Service. (B) Actions of the Secretary The Secretary shall ensure that— (i) officers of the Service receive training on the conduct of diplomacy at inter- national organizations and other multilat- eral institutions and at broad-based multi- lateral negotiations of international instru- ments as part of their training upon entry into the Service; and (ii) officers of the Service, including chiefs of mission, who are assigned to United States missions representing the United States to international organizations and other multilateral institutions or who are assigned in Washington, D.C., to positions that have as their primary responsibility formulation of policy toward such organiza- tions and institutions or toward participa- tion in broad-based multilateral negotia- tions of international instruments, receive specialized training in the areas described in paragraph (1) prior to beginning of service for such assignment or,

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4064 — Reemployment

Page 1503 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4064 1 So in original. No par. (2) has been enacted. § 4062. Unfunded liability obligations (a) Notice of interest and military service credit At the end of each fiscal year, the Secretary of State shall notify the Secretary of the Treasury of the amount equivalent to— (1) interest on the unfunded liability com- puted for that year at the interest rate used in the then most recent valuation of the System, and (2) that portion of disbursement for annu- ities for that year which the Secretary of State estimates is attributable to credit al- lowed for military and naval service, less an amount determined by the Secretary of State to be appropriate to reflect the value of the deposits made to the credit of the Fund under section 4045(e) of this title. (b) Credit to Fund Before closing the accounts for each fiscal year, the Secretary of the Treasury shall credit such amounts to the Fund, as a Government contribution, out of any money in the Treasury of the United States not otherwise appropriated. (c) Reports to Congress Requests for appropriations to the Fund under section 4061(b) of this title shall include reports to the Congress on the sums credited to the Fund under this section. (Pub. L. 96–465, title I, § 822, Oct. 17, 1980, 94 Stat. 2121; Ex. Ord. No. 12446, § 4(d), Oct. 17, 1983, 48 F.R. 48445.) Editorial Notes AMENDMENTS 1983—Subsec. (a)(2). Ex. Ord. No. 12446 inserted ‘‘, less an amount determined by the Secretary of State to be appropriate to reflect the value of the deposits made to the credit of the Fund under section 4045(e) of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Ex. Ord. No. 12446 effective Oct. 17, 1983,

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