5 U.S.C. § 418 — Rule of construction of special provisions

Page 81 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 419 1 See References in Text note below. Statutory Notes and Related Subsidiaries REVIEW OF DEPARTMENTAL CONTRACTS AWARDED THROUGH MEANS OTHER THAN FULL AND OPEN COM- PETITION Pub. L. 113–6, div. D, title V, § 520(d), Mar. 26, 2013, 127 Stat. 370, provided that: ‘‘In addition to the require- ments established by subsections (a), (b), and (c) of this section [127 Stat. 369, 370], the Inspector General of the Department of Homeland Security shall review depart- mental contracts awarded through means other than a full and open competition to assess departmental com- pliance with applicable laws and regulations: Provided, That the Inspector General shall review selected con- tracts awarded in the previous 3 fiscal years through means other than a full and open competition: Provided further, That in selecting which contracts to review, the Inspector General shall consider the cost and com- plexity of the goods and services to be provided under the contract, the criticality of the contract to fulfilling Department missions, past performance problems on similar contracts or by the selected vendor, complaints received about the award process or contractor per- formance, and such other factors as the Inspector Gen- eral deems relevant: Provided further, That the Inspec- tor General shall report the results of the reviews to the Committees on Appropriations of the Senate and the House of Representatives no later than February 4, 2015, and every 3 years thereafter.’’ REPORT ON DATA COLLECTION Pub. L. 110–329, div. D, title V, § 518(b), Sept. 30, 2008, 122 Stat. 3684, provided that: ‘‘The Inspector General shall provide to the Committees on Appropriations of the Senate and the House of Representatives, starting six months after the date of enactment of this Act [Sept. 30, 2008], and quarterly thereafter, a classified re- port containing a review of the data collected by the National Applications Office, including a description of the collection purposes and the legal authority under which the collection activities were authorized: Pro- vided, That the report shall also include a listing of all data collection activities carried out on behalf of the National Applications Office by any component of the National Guard.’’ § 418. Rule of construction of special provisions The special provisions under section 408, 409, 410, 411, 412, 413, 414, 416, or 421 of this title relate only to the establishment named in such section and no inference shall be drawn from the pres- ence or absence of a provision in any such sec- tion with respect to an establishment not named in such section or with respect to a designated Federal entity as defined under section 415(a) of this title. (Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat. 4247.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 418 ............. 5 U.S.C. App. (IGA § 8J) Pub. L. 95–452, § 8J, formerly § 8F, as added Pub. L. 100–504, title I, § 105, Oct. 18, 1988, 102 Stat. 2525; re- numbered § 8G and amend- ed Pub. L. 103–82, title II, § 202(g)(1), (5)(B), Sept. 21, 1993, 107 Stat. 889, 890; re- numbered § 8H, Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 662(b)(3)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–380; Pub. L. 105–206, title I, § 1103(e)(3), July 22, 1998, 112 Stat. 709; renumbered § 8I and amended Pub. L. 105–272, title VII, § 702(b), Oct. 20, 1998, 112 Stat. 2415; renumbered § 8J, Pub. L. 108–7, div. L, § 104(b)(2), Feb. 20, 2003, 117 Stat. 529; Pub. L. 114–317, § 6(6), Dec. 16, 2016, 130 Stat. 1604. § 419. Special provisions concerning overseas contingency operations (a) ADDITIONAL RESPONSIBILITIES OF CHAIR OF COUNCIL OF INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY.—The Chair of the Council of In- spectors General on Integrity and Efficiency (CIGIE) shall, in consultation with the members of the Council, have the additional responsibil- ities 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) 1 of title 10 with respect to an overseas contingency operation. (b) SPECIFIC RESPONSIBILITIES.—The respon- sibilities specified in this subsection are the fol- lowing: (1) DESIGNATE LEAD INSPECTOR GENERAL.—In consultation with the Inspectors General spec- ified in subsection (c), to designate a lead In- spector General in accordance with subsection (d) to discharge the authorities of the lead In- spector 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 In- spectors General specified in subsection (c) on investigations, inspections, and audits with respect to such contingency operation in ac- cordance with subsection (d)(2)(B). (3) IDENTIFY OFFICE PERSONNEL.—To assist in identifying for the lead inspector general for such contingency operation, Inspectors Gen- eral 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 con- tingency operation.