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5 U.S.C. § 404 — Duties and responsibilities

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

5 U.S.C. § 404 — Duties and responsibilities

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Source location: Title 5, Chapter 4, § 404; chapter-004-inspectors-general.md

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**(a) In General.—** It shall be the duty and responsibility of each Inspector General, with respect to the establishment within which the Inspector General’s Office is established— (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section405/b&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section405&num=0&edition=prelim) 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. **(b) Standards and Guidelines.—** (1) **In general.—** — 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).11 See References in Text note below. (2) **Reviews performed exclusively by audit entities in federal government.—** — For purposes of determining compliance with paragraph (1)(A) with respect to whether internal quality controls are in place and operating and whether established audit standards, policies, and procedures are being followed by Offices of Inspector General of establishments defined under [section 401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section401&num=0&edition=prelim), Offices of Inspector General of designated Federal entities defined under [section 415(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section415/a&num=0&edition=prelim), and any audit office established within a Federal entity defined under [section 415(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section415/a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section401&num=0&edition=prelim), or the Office of Inspector General of each designated Federal entity defined under [section 415(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section415/a&num=0&edition=prelim). **(c) Effective Coordination and Cooperation.—** In carrying out the duties and responsibilities established under this chapter, each Inspector General shall give particular regard to the activities of the Comptroller General of the United States with a view toward avoiding duplication and ensuring effective coordination and cooperation. **(d) Reporting Violation of Federal Criminal Law.—** In carrying out the duties and responsibilities established under this chapter, each Inspector General shall report expeditiously to the Attorney General whenever the Inspector General has reasonable grounds to believe there has been a violation of Federal criminal law. **(e) Recommendations for Corrective Actions.—** (1) **Submission of documents.—** — In carrying out the duties and responsibilities established under this chapter, whenever an Inspector General issues a recommendation for corrective action to the agency, the Inspector General— (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. (2) **Public disclosure otherwise prohibited by law.—** — Nothing in this subsection shall be construed as authorizing an Inspector General to publicly disclose information otherwise prohibited from disclosure by law.

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

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

The Executive departments are:

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

5 U.S.C. § 401 — Definitions

In this chapter: (1) **Establishment.—** — The term “establishment” means the Department of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Housing and Urban Development, the Interior, Justice, Labor, State, Transportation, Homeland Security, the Treasury, or Veterans Affairs; the Agency for International Development, the Community Development Financial Institutions Fund, the Environmental Protection Agency, the Federal Communications Commission, the Federal Emergency Management Agency, the General Services Administration, the National Aeronautics and Space Administration, the Nuclear Regulatory Commission, the Office of Personnel Management, the Railroad Retirement Board, the Federal Deposit Insurance Corporation, the Small Business Administration, the Corporation for National and Community Service, the Social Security Administration, the Federal Housing Finance Agency, the Tennessee Valley Authority, the Export-Import Bank of the United States, the Commissions established under [section 15301 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section15301&num=0&edition=prelim), the National Security Agency, or the National Reconnaissance Office, as the case may be. (2) **Federal agency.—** — The term “Federal agency” means an agency as defined in [section 552(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/f&num=0&edition=prelim) (including an establishment as defined in paragraph (1)), but shall not be construed to include the Government Accountability Office. (3) **Head of the establishment.—** — The term “head of the establishment” means the Secretary of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Housing and Urban Devel

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

5 U.S.C. § 405 — Reports

**(a) Definitions.—** In this section: (1) **Disallowed cost.—** — The term “disallowed cost” means a questioned cost that management, in a management decision, has sustained or agreed should not be charged to the Government. (2) **Final action.—** — The term “final action” means— (A) the completion of all actions that the management of an establishment has concluded, in its management decision, are necessary with respect to the findings and recommendations included in an audit report; and (B) in the event that the management of an establishment concludes no action is necessary, final action occurs when a management decision has been made. (3) **Management decision.—** — The term “management decision” means the evaluation by the management of an establishment of the findings and recommendations included in an audit report and the issuance of a final decision by management concerning its response to the findings and recommendations, including actions concluded to be necessary. (4) **Questioned cost.—** — 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) **Recommendation that funds be put to better use.—** — 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— (

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

2 U.S.C. § 1909 — Inspector General for the United States Capitol Police

**(a) Establishment of Office** There is established in the United States Capitol Police the Office of the Inspector General (hereafter in this section referred to as the “Office”), headed by the Inspector General of the United States Capitol Police (hereafter in this section referred to as the “Inspector General”). **(b) Inspector General** (1) **Appointment** — The Inspector General shall be appointed by, and under the general supervision of, the Capitol Police Board. The appointment shall be made in consultation with the Inspectors General of the Library of Congress, Government Publishing Office, and the Government Accountability Office. The Capitol Police Board shall appoint the Inspector General 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. (2) **Term of service** — The Inspector General shall serve for a term of 5 years, and an individual serving as Inspector General may be reappointed for not more than 2 additional terms. (3) **Removal** — The Inspector General may be removed from office prior to the expiration of his term only by the unanimous vote of all of the voting members of the Capitol Police Board, and the Board shall communicate the reasons for any such removal to the Committee on House Administration, the Senate Committee on Rules and Administration and the Committees on Appropriations of the House of Representatives and of the Senate. (4) **Salary** — The Inspector General shall be paid at an annual rate equal to $1,000 less than the annual rate of pay in effect for the Chief of the Capitol Police. (5) **Deadline** — The Capitol Police Board shall appoint the first Inspector Gener

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

5 U.S.C. § 404 — Duties and responsibilities

Page 37 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 404 1 See References in Text note below. amendments made by this section, shall take effect with respect to that Inspector General position on the date that is 30 days after the date of enactment of this Act.’’ CONSTRUCTION Pub. L. 117–263, div. E, title LII, § 5203(d), Dec. 23, 2022, 136 Stat. 3233, provided that: ‘‘Nothing in the amend- ment made by subsection (a) [adding subsec. (h) to sec- tion 3 of Pub. L. 95–452 (restated as this section), see Amendments Not Shown in Text note above] may be construed to limit the applicability of sections 3345 through 3349d of title 5, United States Code (commonly known as the ‘Federal Vacancies Reform Act of 1998’), other than with respect to section 3345(a) of that title.’’ Pub. L. 110–409, § 6(c), Oct. 14, 2008, 122 Stat. 4305, as amended by Pub. L. 117–286, § 4(b)(5), Dec. 27, 2022, 136 Stat. 4343, provided that: ‘‘Nothing in the amendments made by this section [amending former sections 3 and 8G of Pub. L. 95–452, see 5 U.S.C. 403, 415] shall be con- strued to alter the duties and responsibilities of the counsel for any establishment or designated Federal entity, except for the availability of counsel as pro- vided under sections 403(g) and 415(g) of title 5, United States Code. The Counsel to the Inspector General shall perform such functions as the Inspector General may prescribe.’’ ACTING TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION Pub. L. 105–277, div. C, title I, § 101, Oct. 21, 1998, 112 Stat. 2681–584, as amended by Pub. L. 106–113, div. B, § 1000(a)(5) [title II, § 239(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–302; Pub. L. 117–286, § 4(b)(7), Dec. 27, 2022, 136 Stat. 4343, related to the appointment by the President of an Acting Tre

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