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10 U.S.C. § 140a — Untitled legal text
Federal law — U.S. Code and appendices · legal_authorities
Page 214
TITLE 10—ARMED FORCES
[§ 140a
Editorial Notes
PRIOR PROVISIONS
A prior section 140 was renumbered section 141 of this
title.
Another prior section 140 was renumbered section 127
of this title.
AMENDMENTS
1993—Pub. L. 103–160 renumbered section 139 of this
title as this section.
1986—Pub. L. 99–433, §§ 101(a)(7), 110(d)(11), renumbered
section 137 of this title as this section, and struck out
‘‘: powers and duties’’ at end of section catchline.
1964—Subsec. (c). Pub. L. 88–426 repealed subsec. (c)
which related to compensation of General Counsel. See
section 5315 of Title 5, Government Organization and
Employees.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1964 AMENDMENT
For effective date of amendment by Pub. L. 88–426,
see section 501 of Pub. L. 88–426.
[§ 140a. Renumbered § 422]
Editorial Notes
PRIOR PROVISIONS
A prior section 140a was renumbered section 421 of
this title.
[§ 140b. Renumbered § 423]
Editorial Notes
PRIOR PROVISIONS
A prior section 140b was renumbered section 129 of
this title.
[§ 140c. Renumbered § 130]
§ 141. Inspector General
(a) There is an Inspector General of the De-
partment of Defense, who is appointed as pro-
vided in section 403 of title 5.
(b) The Inspector General performs the duties,
has the responsibilities, and exercises the pow-
ers specified in chapter 4 of title 5.
(Added Pub. L. 99–433, title I, § 108, Oct. 1, 1986,
100 Stat. 998, § 140; renumbered § 141, Pub. L.
103–160, div. A, title IX, § 901(a)(1), Nov. 30, 1993,
107 Stat. 1726; amended Pub. L. 117–286, § 4(b)(26),
Dec. 27, 2022, 136 Stat. 4346.)
Editorial Notes
PRIOR PROVISIONS
A prior section 141 was renumbered section 138d of
this title.
Another prior section 141 of this title was contained
in chapter 5 of this
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Page 214
TITLE 10—ARMED FORCES
[§ 140a
Editorial Notes
PRIOR PROVISIONS
A prior section 140 was renumbered section 141 of this
title.
Another prior section 140 was renumbered section 127
of this title.
AMENDMENTS
1993—Pub. L. 103–160 renumbered section 139 of this
title as this section.
1986—Pub. L. 99–433, §§ 101(a)(7), 110(d)(11), renumbered
section 137 of this title as this section, and struck out
‘‘: powers and duties’’ at end of section catchline.
1964—Subsec. (c). Pub. L. 88–426 repealed subsec. (c)
which related to compensation of General Counsel. See
section 5315 of Title 5, Government Organization and
Employees.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1964 AMENDMENT
For effective date of amendment by Pub. L. 88–426,
see section 501 of Pub. L. 88–426.
[§ 140a. Renumbered § 422]
Editorial Notes
PRIOR PROVISIONS
A prior section 140a was renumbered section 421 of
this title.
[§ 140b. Renumbered § 423]
Editorial Notes
PRIOR PROVISIONS
A prior section 140b was renumbered section 129 of
this title.
[§ 140c. Renumbered § 130]
§ 141. Inspector General
(a) There is an Inspector General of the De-
partment of Defense, who is appointed as pro-
vided in section 403 of title 5.
(b) The Inspector General performs the duties,
has the responsibilities, and exercises the pow-
ers specified in chapter 4 of title 5.
(Added Pub. L. 99–433, title I, § 108, Oct. 1, 1986,
100 Stat. 998, § 140; renumbered § 141, Pub. L.
103–160, div. A, title IX, § 901(a)(1), Nov. 30, 1993,
107 Stat. 1726; amended Pub. L. 117–286, § 4(b)(26),
Dec. 27, 2022, 136 Stat. 4346.)
Editorial Notes
PRIOR PROVISIONS
A prior section 141 was renumbered section 138d of
this title.
Another prior section 141 of this title was contained
in chapter 5 of this title, prior to amendment by Pub.
L. 99–433. See note preceding section 151 of this title.
AMENDMENTS
2022—Subsec. (a). Pub. L. 117–286, § 4(b)(26)(A), sub-
stituted ‘‘section 403 of title 5.’’ for ‘‘section 3 of the In-
spector General Act of 1978 (Public Law 95–452; 5 U.S.C.
App. 3).’’
Subsec. (b). Pub. L. 117–286, § 4(b)(26)(B), substituted
‘‘chapter 4 of title 5.’’ for ‘‘the Inspector General Act of
1978.’’
1993—Pub. L. 103–160 renumbered section 140 of this
title as this section.
Statutory Notes and Related Subsidiaries
INSPECTOR GENERAL OVERSIGHT OF DIVERSITY AND IN-
CLUSION IN DEPARTMENT OF DEFENSE; SUPREMACIST,
EXTREMIST, OR
CRIMINAL
GANG
ACTIVITY
IN
THE
ARMED FORCES
Pub. L. 116–283, div. A, title V, § 554, Jan. 1, 2021, 134
Stat. 3633, as amended by Pub. L. 117–81, div. A, title V,
§ 549K, Dec. 27, 2021, 135 Stat. 1731, provided that:
‘‘(a) ESTABLISHMENT
OF ADDITIONAL ASSISTANT IN-
SPECTOR GENERAL OF THE DEPARTMENT OF DEFENSE.—
‘‘(1) IN GENERAL.—Not later than 90 days after the
date of the enactment of this Act [Jan. 1, 2021], the
Inspector General of the Department of Defense shall
appoint, in the Office of the Inspector General of the
Department of Defense, an additional Assistant In-
spector General who—
‘‘(A) shall be a member of the Senior Executive
Service; and
‘‘(B) shall be under the authority, direction, and
control of the Inspector General.
‘‘(2) DUTIES.—Subject to the Inspector General Act
of 1978 (Public Law 95–452; [former] 5 U.S.C. App.) [see
5 U.S.C. 401 et seq.], the Deputy Inspector General
shall have the following duties:
‘‘(A) Developing and carrying out a plan for the
conduct of comprehensive oversight, including
through the conduct and supervision of audits, in-
vestigations, and inspections, of policies, programs,
systems, and processes of the Department—
‘‘(i) to determine the effect of such policies,
programs, systems, and processes regarding per-
sonnel on diversity and inclusion in the Depart-
ment; and
‘‘(ii) to prevent and respond to supremacist, ex-
tremist, and criminal gang activity of a member
of the Armed Forces.
‘‘(B) Additional duties prescribed by the Inspector
General.
‘‘(3) COORDINATION OF EFFORTS.—In carrying out the
duties under paragraph (2), the Assistant Inspector
General shall coordinate with, and receive the co-
operation of the following:
‘‘(A) The Inspector General of the Army.
‘‘(B) The Inspector General of the Navy.
‘‘(C) The Inspector General of the Air Force.
‘‘(D) The other Deputy Inspectors General of the
Department.
‘‘(4) REPORTS.—
‘‘(A) ONE-TIME REPORT.—Not later than 180 days
after the date of the enactment of this Act, the In-
spector General shall submit to the Committees on
Armed Services of the Senate and the House of Rep-
resentatives a report describing, with respect to the
Assistant Inspector General appointed under this
subsection:
‘‘(i) the duties and responsibilities to be as-
signed to such Assistant Inspector General;
‘‘(ii) the organization, structure, staffing, and
funding of the office established to support such
Assistant Inspector General in the execution of
such duties and responsibilities;
‘‘(iii) challenges to the establishment of such
Assistant Inspector General and such office, in-
cluding any shortfalls in personnel and funding;
and
‘‘(iv) the date by which the Inspector General
expects such Assistant Inspector General and the
office will reach full operational capability.
‘‘(B) SEMIANNUAL
REPORTS.—Not later than 30
days after the end of the second and fourth quarters
of each fiscal year beginning in fiscal year 2022, the
Inspector General shall submit to the Secretary a
report including a summary of the activities of the
Assistant Inspector General during the two fiscal
quarters preceding the date of the report, for inclu-
sion in the next semiannual report of the Inspector
General under section 5 of the Inspector General
Act of 1978 ([former] 5 U.S.C. App.) [see 5 U.S.C.
405]..[sic]
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Prior Provisions
A prior section 140a was renumbered [section 421 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section421&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 140a
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 401
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Federal law — U.S. Code and appendices · legal_authorities
Page 31
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 401
Sec.
417.
Special provisions concerning the Depart-
ment of Homeland Security.
418.
Rule of construction of special provisions.
419.
Special provisions concerning overseas con-
tingency operations.
420.
Information on websites of Offices of Inspec-
tors General.
421.
Additional provisions with respect to the De-
partment of Energy.
422.
Transfer of functions.
423.
Pay of Inspectors General.
424.
Establishment of the Council of the Inspec-
tors General on Integrity and Efficiency.
§ 401. Definitions
In this chapter:
(1) ESTABLISHMENT.—The term ‘‘establish-
ment’’ means the Department of Agriculture,
Commerce,
Defense,
Education,
Energy,
Health and Human Services, Housing and
Urban Development, the Interior, Justice,
Labor, State, Transportation, Homeland Secu-
rity, the Treasury, or Veterans Affairs; the
Agency for International Development, the
Community Development Financial Institu-
tions Fund, the Environmental Protection
Agency, the Federal Communications Com-
mission, the Federal Emergency Management
Agency, the General Services Administration,
the National Aeronautics and Space Adminis-
tration, the Nuclear Regulatory Commission,
the Office of Personnel Management, the Rail-
road Retirement Board, the Federal Deposit
Insurance Corporation, the Small Business Ad-
ministration, 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, the National Security Agency, or the
National Reconnaissance Office, as the case
may be.
(2) FEDERAL
AGENCY.—The term ‘‘Federal
agen
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 401
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Federal law — U.S. Code and appendices · legal_authorities
**(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—
(
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 405
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Federal law — U.S. Code and appendices · legal_authorities
Page 38
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 405
plication and ensuring effective coordination
and cooperation.
(d) REPORTING VIOLATION OF FEDERAL CRIMI-
NAL LAW.—In carrying out the duties and re-
sponsibilities established under this chapter,
each Inspector General shall report expedi-
tiously to the Attorney General whenever the
Inspector General has reasonable grounds to be-
lieve there has been a violation of Federal
criminal law.
(e) RECOMMENDATIONS
FOR
CORRECTIVE
AC-
TIONS.—
(1) SUBMISSION OF DOCUMENTS.—In carrying
out the duties and responsibilities established
under this chapter, whenever an Inspector
General issues a recommendation for correc-
tive action to the agency, the Inspector Gen-
eral—
(A) shall submit the document making a
recommendation for corrective action to—
(i) the head of the establishment;
(ii) the congressional committees of ju-
risdiction; and
(iii) if the recommendation for correc-
tive action was initiated upon request by
an individual or entity other than the In-
spector 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 rec-
ommendation for corrective action is sub-
mitted in final form to the head of the estab-
lishment, post the document making a rec-
ommendation 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 pro-
hibited from disclosure by law.
(Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat.
4210.)
AMENDMENTS NOT SHOWN IN TEXT
This section was derived from secti
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 405
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