5 U.S.C. § 413 — Special provisions concerning the Depart-

Page 56 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 413 investigation is requested under paragraph (1). (Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat. 4229.) AMENDMENTS NOT SHOWN IN TEXT This section was derived from section 8D of the Inspector General Act of 1978, Pub. L. 95–452, which was set out in the former Appen- dix to this title, and as it existed as of Oct. 19, 2021. Section 8D of Pub. L. 95–452 was amended by Pub. L. 117–263, div. E, title LII, § 5272(4), Dec. 23, 2022, 136 Stat. 3240, prior to being re- pealed and reenacted as this section by Pub. L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4229, 4361. For applicability of those amendments to this section, see section 5(b) of Pub. L. 117–286, set out in a Transitional and Savings Provisions note preceding section 101 of this title. Section 8D of Pub. L. 95–452 was amended as follows: (1) in subsection (a)(3), by striking ‘‘Commit- tees on Governmental Affairs and Finance of the Senate and the Committees on Government Operations and Ways and Means of the House of Representatives, and to other appropriate committees or subcommittees of the Congress’’ and inserting ‘‘appropriate congressional com- mittees, including the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives’’; and (2) in subsection (g)— (A) in paragraph (1)— (i) by striking ‘‘committees or subcommittees of the Congress’’ and inserting ‘‘congressional committees’’; and (ii) by striking ‘‘Committees on Governmental Affairs and Finance of the Senate and the Com- mittees on Government Reform and Oversight and Ways and Means of the House of Rep- resentatives’’ and inserting ‘‘Committee on Fi- nance of the Senate and the Committee on Ways and Means of the House of Representatives’’; and (B) in paragraph (2), by striking ‘‘committees or subcommittees of Congress’’ and inserting ‘‘congressional committees’’. Text directed to be stricken in subsections (a)(3) and (g)(1) did not appear exactly as quoted in the text enacted by Pub. L. 117–286. See Historical and Revision notes below. For definition of ‘‘appropriate congressional committees’’ as seen in the above amendments by Pub. L. 117–263, see Amendments Not Shown in Text note set out under section 401 of this title. HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 412 ............. 5 U.S.C. App. (IGA § 8D) Pub. L. 95–452, § 8D, for- merly § 8C, as added Pub. L. 100–504, title I, § 102(f), Oct. 18, 1988, 102 Stat. 2518; renumbered § 8D, Pub. L. 103–204, § 23(a)(3), Dec. 17, 1993, 107 Stat. 2408; amend- ed Pub. L. 105–206, title I, § 1103(b), (e)(1), (2), July 22, 1998, 112 Stat. 705, 709; Pub. L. 107–296, title XI, § 1112(a)(1), Nov. 25, 2002, 116 Stat. 2275; Pub. L. 108–7, div. L, § 104(c)(2), Feb. 20, 2003, 117 Stat. 531; Pub. L. 109–177, title VI, § 605(e)(3), Mar. 9, 2006, 120 Stat. 255; Pub. L. 110–409, § 14(b), Oct. 14, 2008, 122 Stat. 4316; Pub. L. 112–199, title I, § 117(b), Nov. 27, 2012, 126 Stat. 1475; Pub. L. 114–317, §§ 6(2), 7(d)(3)(C), Dec. 16, 2016, 130 Stat. 1604, 1606. In subsection (a)(3) and subsection (g)(1), the words ‘‘[Committee] on Homeland Security and Govern- mental Affairs [of the Senate]’’ are substituted for ‘‘[Committee] on Governmental Affairs of the Senate’’ on authority of Senate Resolution No. 445, 108th Con- gress, October 9, 2004 (effective January 4, 2005). In subsection (a)(3), the words ‘‘Committee on Over- sight and Reform [of the House of Representatives]’’ are substituted for ‘‘[Committee on] Government Oper- ations [of the House of Representatives]’’ on authority of section 1(a) of Public Law 104–14 (2 U.S.C. note prec. 21), House Resolution No. 5 (106th Congress, January 6, 1999), House Resolution No. 6 (110th Congress, January 5, 2007), and rule X(1)(n) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (116th Congress, January 9, 2019). In subsection (g)(1), the words ‘‘Committee on Over- sight and Reform’’ are substituted for ‘‘[Committee on] Government Reform and Oversight’’ on authority of rule X(1)(n) of the Rules of the House of Representa- tives, adopted by House Resolution No. 6 (116th Con- gress, January 9, 2019). Editorial Notes REFERENCES IN TEXT The Presidential Protection Assistance Act of 1976, referred to in subsec. (a)(1)(F), is Pub. L. 94–524, Oct. 17, 1976, 90 Stat. 2475, which enacted and amended provi- sions set out as notes under section 3056 of Title 18, Crimes and Criminal Procedure. For complete classi- fication of this Act to the Code, see Tables. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Oversight and Reform of House of Rep- resentatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. § 413. Special provisions concerning the Depart- ment of Justice (a) IN GENERAL.— (1) AUTHORITY OF ATTORNEY GENERAL OVER CERTAIN AUDITS AND INVESTIGATIONS.—Not- Page 57 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 413 withstanding the 2d sentence and last sentence of section 403(a) of this title, the Inspector General shall be under the authority, direc- tion, 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 investiga- tions or proceedings; (B) undercover operations; (C) the identity of confidential sources, in- cluding protected witnesses; (D) intelligence or counterintelligence matters; or (E) other matters the disclosure of which would constitute a serious threat to national security. (2) AUTHORITY OF ATTORNEY GENERAL TO PRO- HIBIT CARRYING OUT OR COMPLETING CERTAIN AU- DITS AND INVESTIGATIONS.—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 infor- mation 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 disclo- sure of any information described under para- graph (1) or to prevent significant impairment to the national interests of the United States. (3) NOTIFICATION AND STATEMENT OF REASONS FOR EXERCISE OF POWER.—If the Attorney Gen- eral exercises any power under paragraph (1) or (2), the Attorney General shall notify the Inspector General in writing, stating the rea- sons for such exercise. Within 30 days after re- ceipt of any such notice, the Inspector General shall transmit a copy of such notice to the Committee on Homeland Security and Govern- mental Affairs and the Committee on the Ju- diciary 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 sub- committees of the Congress. (b) CARRYING OUT DUTIES AND RESPONSIBIL- ITIES.—In carrying out the duties and respon- sibilities 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 mis- conduct by an employee of the Department of Justice, or may, in the discretion of the In- spector General, refer such allegations to the Office of Professional Responsibility or the in- ternal affairs office of the appropriate compo- nent of the Department of Justice; (3) shall refer to the Counsel, Office of Pro- fessional 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 Of- fice of Professional Responsibility; (4) may investigate allegations of criminal wrongdoing or administrative misconduct by a person who is the head of any agency or com- ponent of the Department of Justice; and (5) shall forward the results of any investiga- tion conducted under paragraph (4), along with any appropriate recommendation for discipli- nary action, to the Attorney General. (c) REPORTS.—Any report required to be trans- mitted by the Attorney General to the appro- priate committees or subcommittees of the Con- gress under section 405(e) of this title shall also be transmitted, within the 7-day period specified under that section, to the Committee on the Ju- diciary and the Committee on Homeland Secu- rity and Governmental Affairs of the Senate and the Committee on the Judiciary and the Com- mittee on Oversight and Reform of the House of Representatives. (d) REGULATION TO ENSURE REPORTING OF CER- TAIN ALLEGATIONS TO INSPECTOR GENERAL.—The Attorney General shall ensure by regulation that any component of the Department of Jus- tice receiving a nonfrivolous allegation of crimi- nal wrongdoing or administrative misconduct by an employee of the Department of Justice, ex- cept with respect to allegations described in subsection (b)(3), shall report that information to the Inspector General. (Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat. 4233; Pub. L. 118–71, § 2(a), July 25, 2024, 138 Stat. 1492.) AMENDMENT OF SECTION Pub. L. 118–71, § 2(a), (b), July 25, 2024, 138 Stat. 1492, 1501, provided that, effective on the date that is 90 days after the date on which ap- propriations are made available to the Inspector General of the Department of Justice and the Department of Justice for the specific purpose of carrying out the provisions of Pub. L. 118–71, this section is amended by adding at the end the following: (e) Inspections Regime.— (1) Definitions.—In this subsection: (A) Appropriate congressional committees.— The term ‘‘appropriate congressional commit- tees’’ means— (i) the Committee on the Judiciary and the Committee on Homeland Security and Govern- mental Affairs of the Senate; and (ii) the Committee on the Judiciary and the Committee on Oversight and Accountability of the House of Representatives. (B) Bureau.—The term ‘‘Bureau’’ means the Bureau of Prisons. (C) Covered facility.—The term ‘‘covered fa- cility’’— (i) means a correctional facility operated by the Bureau; and (ii) does not include a post-incarceration residential re-entry center. (D) Family advocate.—The term ‘‘family ad- vocate’’ includes— Page 58 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 413 (i) a grandparent, parent, sibling, spouse or domestic partner, child, aunt, uncle, cousin, niece, nephew, grandchild, or any other per- son related to an individual by blood, adop- tion, marriage, civil union, a romantic or fos- tering relationship; or (ii) a friend of— (I) the incarcerated person; or (II) the family of the incarcerated person. (E) Inspector general.—The term ‘‘Inspector General’’ means the Inspector General of the Department of Justice. (F) Ombudsman.—The term ‘‘Ombudsman’’ means the Ombudsman established under para- graph (3)(A). (G) Representative of an incarcerated per- son.—The term ‘‘representative of an incarcer- ated person’’ includes paid or unpaid legal counsel or any other person or entity chosen by an incarcerated person to represent the interests of the incarcerated person. (H) Sexual abuse.—The term ‘‘sexual abuse’’ has the meaning given that term in section 115.6 of title 28, Code of Federal Regulations (or any successor thereto). (I) Staff.—The term ‘‘staff’’ means employees and contractors of the Bureau. (2) Inspections of covered facilities by the in- spector general.— (A) Establishment of inspections regime.— (i) In general.—The Inspector General shall conduct periodic inspections of covered facili- ties pursuant to the requirements of this sub- section. (ii) Access to covered facilities.—The Attor- ney General shall ensure that the Inspector General has access to— (I) any covered facility (including the in- carcerated people, detainees, staff, bar- gaining unit representative organization) in accordance with paragraph (4); and (II) any other information that the In- spector General determines is necessary to carry out the provisions of this subsection. (iii) Notice of inspections.—An inspection of a covered facility under this subsection may be announced or unannounced. (iv) Community input.—In developing the inspections regime under this subsection, the Inspector General is encouraged to consult formerly incarcerated people, family or rep- resentatives of incarcerated people, and com- munity advocates. (B) Inspection criteria.—An inspection of a covered facility under this subsection may in- clude an assessment of the following: (i) The policies, procedures, and administra- tive guidance of the facility. (ii) The conditions of confinement. (iii) Working conditions for staff. (iv) The availability of evidence-based re- cidivism reduction programs and productive activities, as such terms are defined in section 3635 of title 18, and the application of earned time credits pursuant to section 3632 of title 18. (v) The policies and procedures relating to visitation. (vi) The policies and practices relating to classification and housing. (vii) The policies and practices relating to the use of single-cell confinement, administra- tive segregation, and other forms of restrictive housing. (viii) The medical facilities and medical and mental health care, programs, procedures, and policies, including the number and quali- fications of medical and mental health staff and the availability of sex-specific and trau- ma-responsive care for incarcerated people. (ix) Medical services and mental health re- sources for staff. (x) Lockdowns at the facility. (xi) Credible allegations of incidents involv- ing excessive use of force, completed, at- tempted, or threatened violence, including sexual abuse, or misconduct committed against incarcerated people. (xii) Credible allegations of incidents in- volving completed, attempted, or threatened violence, including sexual violence or sexual abuse, committed against staff. (xiii) Adequacy of staffing at the covered facility, including the number and job assign- ments of staff, the ratio of staff to inmates at the facility, the staff position vacancy rate at the facility, and the use of overtime, manda- tory overtime, and augmentation. (xiv) Deaths or serious injuries of incarcer- ated people or staff that occurred at the facil- ity. (xv) The existence of contraband that jeop- ardizes the health or safety of incarcerated people or staff, including incident reports, re- ferrals for criminal prosecution, and con- firmed prosecutions. (xvi) Access of incarcerated people to— (I) legal counsel, including confidential meetings and communications; (II) discovery and other case-related legal materials; and (III) the law library at the covered facil- ity. (xvii) Any aspect of the operation of the covered facility that the Inspector General de- termines to be necessary over the course of an inspection. (C) Inspection schedule.—An inspection of a covered facility under this subsection shall be conducted on a schedule based on the combined risk score of the covered facility as described in subparagraph (E) and the following consider- ations: (i) Higher risk facilities shall receive more frequent inspections. (ii) The Inspector General shall reevaluate the combined risk score methodology and in- spection schedule periodically and may alter 1 or both to ensure that higher risk facilities are identified and receiving the appropriate fre- quency of inspection. (iii) A determination by the Inspector Gen- eral that 1 or more of the criteria listed in subparagraph (B) should be inspected, with regard to a covered facility or group of cov- ered facilities. (D) Report.— (i) In general.—Not later than 6 months after the completion of an inspection of a cov- ered facility under this subsection, or a group Page 59 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 413 of inspections that assess the same or similar issues at more than 1 facility, the Inspector General shall submit a final copy of the report to the Attorney General, the appropriate con- gressional committees, employee representa- tive organizations, and the public, that ad- dresses 1 or more of the following topics: (I) A characterization of the conditions of confinement and working conditions, in- cluding a summary of the inspection criteria reviewed under clauses (ii) and (iii) of sub- paragraph (B). (II) Recommendations made to the cov- ered facility to improve safety and condi- tions within the facility, including rec- ommendations regarding staffing. (III) A recommended timeline for the next inspection and assessment, which shall not limit the authority of the Inspector General to perform additional inspections and as- sessments, announced or unannounced. (IV) Any other issues or matters identified during the inspection of the facility or fa- cilities. (ii) Consultation with stakeholders.—In de- veloping the recommendations described in clause (i), the Inspector General may consult with stakeholders, including employee rep- resentative organizations. (E) Risk score.—Not later than 18 months after the date of enactment of the Federal Pris- on Oversight Act, the Inspector General shall establish methodology and protocols for deter- mining the combined risk score of a covered fa- cility, which— (i) shall be delivered to the appropriate con- gressional committees; and (ii) may be based on— (I) frequency and duration of lockdowns; (II) availability of programming; (III) staffing levels; (IV) access to adequate physical and men- tal health resources; (V) incidences of physical assault, ne- glect, or sexual abuse; (VI) opportunity to maintain family ties through phone calls, video calls, mail, email, and visitation; (VII) adequacy of the nutrition provided; (VIII) amount or frequency of staff dis- cipline cases; (IX) amount or frequency of misconduct by people incarcerated at the covered facil- ity; (X) access of incarcerated people to— (aa) legal counsel, including confiden- tial meetings and communications; (bb) discovery and other case-related legal materials; and (cc) the law library at the covered facil- ity; and (XI) other factors as determined by the Inspector General. (F) Bureau response to report.— (i) In general.—Not later than 60 days after the date on which the Inspector General issues a report under subparagraph (D), the Bureau shall respond in writing to the inspec- tion report, which shall include a corrective action plan. (ii) Public availability.—Each response and action plan described in clause (i) shall be made available to the public on the website of the Inspector General. (iii) Compliance with corrective action plan.—The Inspector General may conduct additional inspections or investigations, an- nounced or unannounced, to monitor the compliance of the Bureau with a corrective action plan described in clause (i). (G) Rule of construction.—The authority in this paragraph is consistent with and does not supersede, conflict with, or otherwise alter the authority provided to the Inspector General under section 406. (3) Ombudsman.— (A) In general.—Not later than 1 year after the date of enactment of the Federal Prison Oversight Act, the Attorney General shall estab- lish in the Department of Justice an Ombuds- man who may— (i) receive a complaint from an incarcerated person, a family advocate, a representative of an incarcerated person, staff, a representative of staff, a Member of Congress, or a member of the judicial branch of the Federal Govern- ment regarding issues that may adversely af- fect the health, safety, welfare, or rights of incarcerated people or staff, including— (I) abuse or neglect; (II) the conditions of confinement, includ- ing the availability of health care; (III) working conditions of staff; (IV) decisions, administrative actions, or guidance of the Bureau, including those re- lating to prison staffing; (V) inaction or omissions by the Bureau, including failure to consider or respond to complaints or grievances by incarcerated people or staff promptly or appropriately; (VI) policies, rules, or procedures of the Bureau, including gross mismanagement; and (VII) alleged violations of non-criminal law by staff or incarcerated people that may adversely affect the health, safety, welfare, or rights of any person; (ii) refer a complainant and others to ap- propriate resources or Federal agencies; (iii) make inquiries and recommend actions to appropriate entities on behalf of a com- plainant, the Ombudsman, or others; and (iv) decline to investigate or take any action with respect to any complaint and, in any case in which the Ombudsman declines to in- vestigate or take any action, shall notify the complainant in writing of the decision not to investigate or take any action and the reasons for the decision. (B) Limitations on authority.—The Ombuds- man— (i) may not investigate— (I) any complaints relating to the under- lying criminal conviction of an incarcerated person; (II) a complaint from staff that relates to the employment or contractual relationship of the staff member with the Bureau, unless the complaint is related to the health, safe- Page 60 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 413 ty, welfare, working conditions, gross mis- management of a covered facility, or reha- bilitation of incarcerated people; or (III) any allegation of criminal or admin- istrative misconduct, as described in sub- section (b)(2), and shall refer any matter covered by subsection (b)(2) to the Inspector General, who may, at the discretion of In- spector General, refer such allegations back to the Ombudsman or the internal affairs office of the appropriate component of the Department of Justice; and (ii) may not levy any fees for the submission or investigation of complaints. (C) Decision on the merits of a complaint.—At the conclusion of an investigation of a com- plaint, the Ombudsman shall— (i) render a decision on the merits of each complaint; (ii) communicate the decision to the com- plainant, if any, and to the Bureau; and (iii) state the recommendations and rea- soning of the Ombudsman if, in the opinion of the Ombudsman, the Bureau or any employee thereof should— (I) consider the matter further; (II) modify or cancel any action; (III) alter a rule, practice, or ruling; (IV) explain in detail the administrative action in question; or (V) rectify an omission. (D) Actions following a decision by the om- budsman.— (i) Request for information about actions taken.—If the Ombudsman so requests, the Bureau shall, within the time specified, re- spond to any inquiry or request for informa- tion from the Ombudsman and inform the Ombudsman about any action taken on the recommendations provided by the Ombudsman or the reasons for not complying with any re- quest for information or recommendations. (ii) Reporting of continuing issues.—If the Ombudsman believes, based on an investiga- tion conducted by the Ombudsman, that there has been or continues to be a significant health, safety, welfare, working conditions, or rehabilitation issue, the Ombudsman shall re- port the finding to the Attorney General and the appropriate congressional committees. (iii) Monitoring of internal disciplinary ac- tions of the bureau.—In the event that the Bureau conducts an internal disciplinary in- vestigation or review of 1 or more staff mem- bers of the Bureau as a result of an investiga- tion by the Ombudsman, the Ombudsman may monitor the internal disciplinary action to en- sure a fair and objective process. (4) Inspector general and ombudsman access to bureau of prisons facilities.— (A) In general.— (i) Access to bureau facilities.—Except as provided in clause (ii), upon demand, in per- son or in writing and with or without prior notice, the Inspector General and the Om- budsman shall be granted access to all Bu- reau facilities, which shall include— (I) all areas that are used by incarcerated people, all areas that are accessible to in- carcerated people, and access to programs for incarcerated people at any time of day; and (II) the opportunity to— (aa) conduct private and confidential interviews with any incarcerated person, staff, employee representative organiza- tion, or other person; and (bb) communicate privately and con- fidentially, both formally and informally, with incarcerated people or staff by tele- phone, mail, electronic communication, and in person, which shall not be mon- itored or recorded by or conducted in the presence of staff. (ii) Exception.—Clause (i) shall not apply in situations where the head of the covered facil- ity provides evidence to the Inspector General or the Ombudsman that there is risk of serious and immediate physical harm to visitors due to an ongoing event that requires restricting access to the facility. (B) Purpose of visits.—Access to Bureau fa- cilities under subparagraph (A) is for the pur- poses of— (i) conducting announced or unannounced inspections by the Inspector General as de- scribed in paragraph (2), including inspec- tions to monitor the compliance of the Bureau with a corrective action plan described in paragraph (2)(F)(i); (ii) conducting an investigation or other ac- tivity by the Ombudsman as described in paragraph (3); and (iii) inspecting, viewing, photographing, and video recording all areas of the facility that are used by incarcerated people or are accessible to incarcerated people. (C) Access to documents.— (i) In general.—The Inspector General and the Ombudsman have the right to access, in- spect, and copy all relevant information, records, or documents in the possession or control of the Bureau that either the Inspec- tor General or the Ombudsman considers nec- essary in an inspection, investigation, or other activity, and the Bureau shall assist the Inspector General and the Ombudsman in ob- taining the necessary releases for those docu- ments that are specifically restricted or privi- leged for use by the Bureau. (ii) Production of records.—Following noti- fication from the Inspector General or the Ombudsman with a written demand for access to Bureau records, the Bureau shall provide access to the requested documentation in a manner consistent with section 552a (com- monly known as the ‘‘Privacy Act of 1974’’)— (I) not later than 30 business days after receipt of the written request; or (II) in the case of records pertaining to the death of an incarcerated person or staff, threats of bodily harm including sexual or physical assaults, or the denial or delay of necessary medical treatment, not later than 10 business days after receipt of the written request, unless the Inspector General or the Ombudsman consents to an extension of that time frame. (D) Minimize disruption of operations.—The Inspector General and the Ombudsman shall— Page 61 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 413 (i) develop procedures— (I) to ensure that the Inspector General has access to, and the right to review and investigate, any allegations received by the Ombudsman to ensure that the Inspector General may carry out the authorities pro- vided to the Inspector General under this chapter; and (II) that may provide that the Inspector General and the Ombudsman will determine certain categories of allegations that are not necessary for the Inspector General to review prior to the Ombudsman proceeding; (ii) work with the Bureau to minimize dis- ruption to the operations of the Bureau due to inspections, investigations, or other activ- ity; (iii) comply with the security clearance processes of the Bureau, provided these proc- esses do not impede the activities described in this subsection; and (iv) limit the public release of any photo- graphs or video recordings that would jeop- ardize— (I) the safety, security, or good order of a covered facility or the Bureau; or (II) public safety. (E) Rule of construction.—The authority in this paragraph is consistent with and does not supersede, conflict with, or otherwise alter the authority provided to the Inspector General under section 406. (5) Confidentiality.— (A) In general.—Correspondence and commu- nication with the Inspector General and the Ombudsman, including communication regard- ing an issue described in section 4051 of title 18 is confidential and shall be protected as privi- leged correspondence in the same manner as legal correspondence or communications. (B) Procedures.—Subject to subparagraph (C), the Inspector General and the Ombudsman shall establish confidentiality procedures for all information maintained by the respective office to ensure that, to the greatest extent prac- ticable, before, during, or after an investiga- tion— (i) staff are not aware of the identity of a complainant; and (ii) other incarcerated people are not aware of the identity of a complainant. (C) Exception.—The Inspector General and the Ombudsman may disclose identifying infor- mation for the sole purpose of carrying out an investigation and as otherwise authorized under section 407(b). (6) Filing complaints.— (A) Filing complaints on behalf of an incar- cerated individual.— (i) Online form.—The Ombudsman shall create a secure online form to be made avail- able on the website of the Ombudsman where the family advocates and representatives of incarcerated people can submit complaints and inquiries on issues identified in para- graph (3)(A)(i) on behalf of an individual in- carcerated at a covered facility. (ii) Telephone hotline.—The Ombudsman shall create a telephone hotline through which family advocates and representatives of incarcerated people can call to file complaints and inquiries on issues identified in para- graph (3)(A)(i) on behalf of an individual in- carcerated at a covered facility. (B) Filing complaints by an incarcerated indi- vidual.— (i) Internal private submission.—The Bu- reau shall provide multiple internal ways for incarcerated individuals in covered facilities to privately submit to the Ombudsman com- plaints and inquiries on issues identified in paragraph (3)(A)(i). (ii) Submission via independent entity.— The Bureau shall also provide not less than 1 process for incarcerated individuals in cov- ered facilities to submit complaints and in- quiries on issues identified in paragraph (3)(A)(i) to a public or private entity or office that is not part of the Bureau and that is able to receive and immediately forward com- plaints and inquiries to the Ombudsman, al- lowing the incarcerated individual to remain anonymous upon request. (C) Determination.— (i) Confirmation of receipt.—Not later than 5 business days after submission of a com- plaint or inquiry under subparagraph (A) or (B), the Ombudsman shall confirm receipt. (ii) Determination.—Not later than 15 busi- ness days after issuing the confirmation under clause (i), the Ombudsman shall make a determination as to whether any action is warranted and notify the complainant of the determination. (iii) Statement regarding decision.—If the Ombudsman has determined action is unwar- ranted under clause (ii), the Ombudsman shall provide a written statement explaining the decision to the complainant. (D) Public education.—The Ombudsman shall coordinate with the Bureau to educate incarcer- ated people, representatives of incarcerated peo- ple, and the public about the existence and functions of the Ombudsman. (E) Administrative exhaustion.—Nothing in this paragraph shall be construed as a nec- essary administrative remedy required for ex- haustion under section 7(a) of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997e(a)). (7) Prohibition on retaliation.— (A) In general.—The Bureau and staff of the Bureau shall not discharge, retaliate against, or in any manner discriminate against any com- plainant or any person or entity that has insti- tuted or caused to be instituted any proceeding, investigation, or inspection under or related to this subsection. (B) Investigation.—Any alleged discharge of, retaliation against, or discrimination against a complainant, entity, or person because of a complaint, investigation, or inspection may be considered by the Ombudsman as an appro- priate subject of an investigation or other activ- ity. (8) Due process protections.— (A) In general.—The Attorney General and the Inspector General shall ensure that imple- Page 62 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 413 mentation of this subsection is consistent with section 552a (commonly known as the ‘‘Privacy Act of 1974’’) and all other applicable laws, and respects appropriate due process protections for staff. (B) Rule of construction.—Nothing in this paragraph shall be construed to modify, super- sede, or otherwise affect the authority of the In- spector General to access all records, reports, audits, reviews, documents, papers, rec- ommendations, or other materials, as authorized by section 406(a). (9) Percentage of annual appropriation for the bureau of prisons.—It is the sense of Congress that the amount allocated to the Inspector Gen- eral and the Ombudsman to carry out the activi- ties described in this subsection should equal an amount between 0.2 percent and 0.5 percent of the annual appropriation for the Bureau. See 2024 Amendment note below. AMENDMENTS NOT SHOWN IN TEXT This section was derived from section 8E of the Inspector General Act of 1978, Pub. L. 95–452, which was set out in the former Appen- dix to this title, and as it existed as of Oct. 19, 2021. Section 8E of Pub. L. 95–452 was amended by Pub. L. 117–263, div. E, title LII, § 5272(5), Dec. 23, 2022, 136 Stat. 3240, prior to being re- pealed and reenacted as this section by Pub. L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4233, 4361. For applicability of those amendments to this section, see section 5(b) of Pub. L. 117–286, set out in a Transitional and Savings Provisions note preceding section 101 of this title. Section 8E of Pub. L. 95–452 was amended as follows: (1) in subsection (a)(3), by striking ‘‘Commit- tees on Governmental Affairs and Judiciary of the Senate and the Committees on Government Operations and Judiciary of the House of Rep- resentatives, and to other appropriate commit- tees or subcommittees of the Congress’’ and in- serting ‘‘appropriate congressional committees, including the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives’’; and (2) in subsection (c)— (A) by striking ‘‘committees or subcommittees of the Congress’’ and inserting ‘‘congressional committees’’; and (B) by striking ‘‘Committees on the Judiciary and Governmental Affairs of the Senate and the Committees on the Judiciary and Government Operations of the House of Representatives’’ and inserting ‘‘Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives’’. Some of the text directed to be stricken in sub- sections (a)(3) and (c) did not appear exactly as quoted in the text enacted by Pub. L. 117–286. See Historical and Revision notes below. For definition of ‘‘appropriate congressional committees’’ as seen in the above amendments by Pub. L. 117–263, see Amendments Not Shown in Text note set out under section 401 of this title. HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 413 ............. 5 U.S.C. App. (IGA § 8E) Pub. L. 95–452, § 8E, formerly § 8D, as added Pub. L. 100–504, title I, § 102(f), Oct. 18, 1988, 102 Stat. 2520; renumbered § 8E, Pub. L. 103–204, § 23(a)(3), Dec. 17, 1993, 107 Stat. 2408; Pub. L. 107–273, div. A, title III, § 308, Nov. 2, 2002, 116 Stat. 1784; Pub. L. 114–317, §§ 6(3), 7(d)(3)(D), Dec. 16, 2016, 130 Stat. 1604, 1606. In subsection (a)(3) and subsection (c), the words ‘‘[Committee] on Homeland Security and Govern- mental Affairs [of the Senate]’’ are substituted for ‘‘[Committee] on Governmental Affairs [of the Sen- ate]’’ because of Senate Resolution No. 445, 108th Con- gress, October 9, 2004 (effective January 4, 2005). In subsection (a)(3) and subsection (c), the words ‘‘Committee on Oversight and Reform [of the House of Representatives]’’ are substituted for ‘‘[Committee on] Government Operations [of the House of Representa- tives]’’ on authority of section 1(a) of Public Law 104–14 (2 U.S.C. note prec. 21), House Resolution No. 5 (106th Congress, January 6, 1999), House Resolution No. 6 (110th Congress, January 5, 2007), and rule X(1)(n) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (116th Congress, January 9, 2019). Editorial Notes AMENDMENTS 2024—Subsec. (e). Pub. L. 118–71 added subsec. (e). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Oversight and Reform of House of Rep- resentatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. EFFECTIVE DATE OF 2024 AMENDMENT Pub. L. 118–71, § 2(b), July 25, 2024, 138 Stat. 1501, pro- vided that: ‘‘This Act [see Short Title of 2024 Amend- ment note set out under section 101 of this title], and the amendments made by this Act, shall take effect on the date that is 90 days after the date on which appro- priations are made available to the Inspector General of the Department of Justice and the Department of Justice for the specific purpose of carrying out the pro- visions of this Act and the amendments made by this Act.’’ APPOINTMENT OF OVERSIGHT OFFICIAL WITHIN THE OFFICE OF INSPECTOR GENERAL Pub. L. 107–273, div. A, title III, § 309(a), Nov. 2, 2002, 116 Stat. 1784, provided that: ‘‘(1) IN GENERAL.—The Inspector General of the De- partment of Justice shall direct that 1 official from the office of the Inspector General be responsible for super- vising and coordinating independent oversight of pro- grams and operations of the Federal Bureau of Inves- tigation until September 30, 2004. ‘‘(2) CONTINUATION OF OVERSIGHT.—The Inspector Gen- eral may continue individual oversight in accordance with paragraph (1) after September 30, 2004, at the dis- cretion of the Inspector General.’’ REVIEW OF CIVIL RIGHTS COMPLAINTS BY THE DEPARTMENT OF JUSTICE Pub. L. 107–56, title X, § 1001, Oct. 26, 2001, 115 Stat. 391, provided that: ‘‘The Inspector General of the De- partment of Justice shall designate one official who shall— Page 63 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 415 ‘‘(1) review information and receive complaints al- leging abuses of civil rights and civil liberties by em- ployees and officials of the Department of Justice; ‘‘(2) make public through the Internet, radio, tele- vision, and newspaper advertisements information on the responsibilities and functions of, and how to con- tact, the official; and ‘‘(3) submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate on a semi-annual basis a report on the implementation of this subsection [sec- tion] and detailing any abuses described in paragraph (1), including a description of the use of funds appro- priations used to carry out this subsection [section].’’ § 414. Special provisions concerning the Corpora- tion for National and Community Service (a) PERSONNEL.—Notwithstanding the provi- sions 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 Com- munity Service Act of 1990 (42 U.S.C. 12651f(b)); and (2) procure the temporary and intermittent services of and compensate such experts and consultants, in accordance with section 3109(b) of this title, as may be necessary to carry out the functions, powers, and duties of the Inspector General. (b) REPORTS TO BOARD OF DIRECTORS.—Not later than the date on which the Chief Executive Officer of the Corporation for National and Com- munity Service transmits any report to the Con- gress under subsection (b) or (c) of section 405 of this title, the Chief Executive Officer shall transmit such report to the Board of Directors of such Corporation. (c) REVIEW OF AUDIT REPORTS BY BOARD OF DI- RECTORS.—Not later than the date on which the Chief Executive Officer of the Corporation for National and Community Service transmits a report described under section 405(c) of this title to the Board of Directors as provided under sub- section (b) of this section, the Chief Executive Officer shall also transmit any audit report which is described in the statement required under section 405(c)(4) to the Board of Directors. All such audit reports shall be placed on the agenda for review at the next scheduled meeting of the Board of Directors following such trans- mittal. The Chief Executive Officer of the Cor- poration shall be present at such meeting to provide any information relating to such audit reports. (d) REPORT OF PROBLEM, ABUSE, OR DEFICIENCY TO BOARD OF DIRECTORS.—Not later than the date on which the Inspector General of the Cor- poration 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 defi- ciency to the Board of Directors. (Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat. 4235.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 414 ............. 5 U.S.C. App. (IGA § 8F) Pub. L. 95–452, § 8F, formerly § 8E, as added Pub. L. 103–82, title II, § 202(g)(1), Sept. 21, 1993, 107 Stat. 889; renumbered § 8F, Pub. L. 103–204, § 23(a)(3), Dec. 17, 1993, 107 Stat. 2408; amend- ed Pub. L. 111–13, title IV, § 4101, Apr. 21, 2009, 123 Stat. 1597. § 415. Requirements for Federal entities and des- ignated Federal entities (a) DEFINITIONS.—Notwithstanding section 401 of this title, in this section: (1) DESIGNATED FEDERAL ENTITY.— (A) IN GENERAL.—The term ‘‘designated Federal entity’’ means Amtrak, the Appa- lachian Regional Commission, the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Pro- tection, the Committee for Purchase From People Who Are Blind or Severely Disabled, the Commodity Futures Trading Commis- sion, the Consumer Product Safety Commis- sion, the Corporation for Public Broad- casting, the Defense Intelligence Agency, the Denali Commission, the Equal Employ- ment Opportunity Commission, the Farm Credit Administration, the Federal Election Commission, the Election Assistance Com- mission, the Federal Labor Relations Au- thority, 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 En- dowment for the Humanities, the National Geospatial-Intelligence Agency, the Na- tional 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 Cor- poration, the United States International Trade Commission, the Postal Regulatory Commission, and the United States Postal Service. (B) AMTRAK.—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) FEDERAL ENTITY.—The term ‘‘Federal en- tity’’ 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 sec- tion 401 of this title) or part of an establish- ment; (B) a designated Federal entity (as defined under paragraph (1) of this subsection) or part of a designated Federal entity;