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31 U.S.C. § 705 — Inspector General for the Government Ac-

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

31 U.S.C. § 705 — Inspector General for the Government Ac-

Page 76 TITLE 31—MONEY AND FINANCE § 704 Comptroller General (as the case may be)’’ for ‘‘retires on becoming 70 years of age’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Gov- ernmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Con- gress, Oct. 9, 2004. Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Rep- resentatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Rep- resentatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Com- mittee on Oversight and Reform of House of Represent- atives changed to Committee on Oversight and Ac- countability of House of Representatives by House Res- olution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–426 effective after end of 60-day period beginning Sept. 9, 1988, with certain ex- ceptions, see section 208 of Pub. L. 100–426, set out as a note under section 772 of this tit

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Page 76 TITLE 31—MONEY AND FINANCE § 704 Comptroller General (as the case may be)’’ for ‘‘retires on becoming 70 years of age’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Gov- ernmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Con- gress, Oct. 9, 2004. Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Rep- resentatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Rep- resentatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Com- mittee on Oversight and Reform of House of Represent- atives changed to Committee on Oversight and Ac- countability of House of Representatives by House Res- olution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–426 effective after end of 60-day period beginning Sept. 9, 1988, with certain ex- ceptions, see section 208 of Pub. L. 100–426, set out as a note under section 772 of this title. Executive Documents SALARY INCREASES 1987—Salaries of Comptroller General and Deputy Comptroller General increased respectively to $89,500 and $82,500 per annum, on recommendation of the Presi- dent of the United States, see note set out under sec- tion 358 of Title 2, The Congress. 1977—Salaries of Comptroller General and Deputy Comptroller General increased respectively to $57,500 and $52,500 per annum, on recommendation of the Presi- dent of the United States, see note set out under sec- tion 358 of Title 2. 1969—Salaries of Comptroller General and Assistant Comptroller General increased respectively to $42,500 and $40,000 per annum, on recommendation of the Presi- dent of the United States, see note set out under sec- tion 358 of Title 2. § 704. Relationship to other laws (a) To the extent applicable, all laws generally related to administering an agency apply to the Comptroller General. (b) A copy of a record and a transcript from a record or proceeding of the Comptroller General, that the Comptroller General or Deputy Comp- troller General certifies under seal, shall be ad- mitted as evidence with the same effect as a copy or transcript referred to in section 1733 of title 28. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 889.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 704(a) ...... 31:46(1st sentence). June 10, 1921, ch. 18, § 306, 42 Stat. 24. HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 704(b) ...... 31:46(last sentence). In the section, the words ‘‘Comptroller General’’ are substituted for ‘‘General Accounting Office’’ for con- sistency. In subsection (a), the word ‘‘agency’’ is substituted for ‘‘departments and establishments’’ because of sec- tion 701 of the revised title. In subsection (b), the word ‘‘record’’ is substituted for ‘‘books, records, papers, or documents’’ for consistency in the revised title and with other titles of the United States Code. § 705. Inspector General for the Government Ac- countability Office (a) ESTABLISHMENT OF OFFICE.—There is estab- lished an Office of the Inspector General in the Government Accountability Office, to— (1) conduct and supervise audits consistent with generally accepted government auditing standards and investigations relating to the Government Accountability Office; (2) provide leadership and coordination and recommend policies, to promote economy, effi- ciency, and effectiveness in the Government Accountability Office; and (3) keep the Comptroller General and Con- gress fully and currently informed concerning fraud and other serious problems, abuses, and deficiencies relating to the administration of programs and operations of the Government Accountability Office. (b) APPOINTMENT, SUPERVISION, AND RE- MOVAL.— (1) The Office of the Inspector General shall be headed by an Inspector General, who shall be appointed by the Comptroller General with- out regard to political affiliation and solely on the basis of integrity and demonstrated abil- ity in accounting, auditing, financial analysis, law, management analysis, public administra- tion, or investigations. The Inspector General shall report to, and be under the general su- pervision of, the Comptroller General. (2)(A) The Inspector General may be re- moved from office by the Comptroller General. (B) If the Inspector General is removed from office or is transferred to another position or location within the Government Account- ability Office, the Comptroller General shall communicate in writing the substantive ra- tionale, including detailed and case-specific reasons, for any such removal or transfer to both Houses of Congress (including to the ap- propriate congressional committees), not later than 30 days before the removal or transfer. (C) If there is an open or completed inquiry into the Inspector General that relates to the removal or transfer of the Inspector General under subparagraph (A), the written commu- nication required under subparagraph (B) shall— (i) identify each entity that is conducting, or that conducted, the inquiry; and (ii) in the case of a completed inquiry, con- tain the findings made during the inquiry. (D) Nothing in this paragraph shall prohibit a personnel action otherwise authorized by law, other than transfer or removal. Page 77 TITLE 31—MONEY AND FINANCE § 705 (3)(A) Subject to the other provisions of this paragraph, only the Comptroller General may place the Inspector General on non-duty sta- tus. (B) If the Comptroller General places the In- spector General on non-duty status, the Comp- troller General shall communicate in writing the substantive rationale, including detailed and case-specific reasons, for the change in status to both Houses of Congress (including to the appropriate congressional committees) not later than 15 days before the date on which the change in status takes effect, except that the Comptroller General may submit that communication not later than the date on which the change in status takes effect if— (i) the Comptroller General has made a de- termination that the continued presence of the Inspector General in the workplace poses a specific threat; and (ii) in the communication, the Comptroller General includes a report on the determina- tion described in clause (i), which shall in- clude— (I) the substantive rationale, including detailed and case-specific reasons, for the determination made under clause (i); (II) an identification of each entity that is conducting, or that conducted, any in- quiry upon which the determination under clause (i) was made; and (III) in the case of an inquiry described in subclause (II) that is completed, the findings made during that inquiry. (C) The Comptroller General may not place the Inspector General on non-duty status dur- ing the 30-day period preceding the date on which the Inspector General is removed or transferred under paragraph (2)(A) unless the Comptroller General— (i) has made a determination that the con- tinued presence of the Inspector General in the workplace poses a specific threat; and (ii) not later than the date on which the change in status takes effect, submits to both Houses of Congress (including to the appropriate congressional committees) a written communication that contains the information required under subparagraph (B), including the report required under clause (ii) of that subparagraph. (D) Nothing in this paragraph may be con- strued to limit or otherwise modify any statu- tory protection that is afforded to the Inspec- tor General or a personnel action that is oth- erwise authorized by law. (4) The Inspector General shall be paid at an annual rate of pay equal to $5,000 less than the annual rate of pay of the Comptroller General, and may not receive any cash award or bonus, including any award under chapter 45 of title 5. (c) AUTHORITY OF INSPECTOR GENERAL.—In ad- dition to the authority otherwise provided by this section, the Inspector General, in carrying out the provisions of this section, may— (1) have access to all records, reports, audits, reviews, documents, papers, recommendations, or other material that relate to programs and operations of the Government Accountability Office; (2) make such investigations and reports re- lating to the administration of the programs and operations of the Government Account- ability Office as are, in the judgment of the In- spector General, necessary or desirable; (3) request such documents and information as may be necessary for carrying out the du- ties and responsibilities provided by this sec- tion from any Federal agency; (4) in the performance of the functions as- signed by this section, obtain all information, documents, reports, answers, records, ac- counts, papers, and other data and documen- tary evidence from a person not in the United States Government or from a Federal agency, to the same extent and in the same manner as the Comptroller General under the authority and procedures available to the Comptroller General in section 716 of this title; (5) administer to or take from any person an oath, affirmation, or affidavit, whenever nec- essary in the performance of the functions as- signed by this section, which oath, affirma- tion, or affidavit when administered or taken by or before an employee of the Office of In- spector General designated by the Inspector General shall have the same force and effect as if administered or taken by or before an offi- cer having a seal; (6) have direct and prompt access to the Comptroller General when necessary for any purpose pertaining to the performance of func- tions and responsibilities under this section; (7) report expeditiously to the Attorney Gen- eral whenever the Inspector General has rea- sonable grounds to believe there has been a violation of Federal criminal law; and (8) provide copies of all reports to the Audit Advisory Committee of the Government Ac- countability Office and provide such addi- tional information in connection with such re- ports as is requested by the Committee. (d) COMPLAINTS BY EMPLOYEES.— (1) The Inspector General— (A) subject to subparagraph (B), may re- ceive, review, and investigate, as the Inspec- tor General considers appropriate, com- plaints or information from an employee of the Government Accountability Office con- cerning the possible existence of an activity constituting a violation of any law, rule, or regulation, mismanagement, or a gross waste of funds; and (B) shall refer complaints or information concerning violations of personnel law, rules, or regulations to established inves- tigative and adjudicative entities of the Government Accountability Office. (2) The Inspector General shall not, after re- ceipt of a complaint or information from an employee, disclose the identity of the em- ployee without the consent of the employee, unless the Inspector General determines such disclosure is unavoidable during the course of the investigation. (3) Any employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or threaten to take any action against any employee as a reprisal Page 78 TITLE 31—MONEY AND FINANCE § 711 for making a complaint or disclosing informa- tion to the Inspector General, unless the com- plaint was made or the information disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. (e) SEMIANNUAL REPORTS.—(1) The Inspector General shall submit semiannual reports sum- marizing the activities of the Office of the In- spector General to the Comptroller General. Such reports shall include, but need not be lim- ited to— (A) a summary of each significant report made during the reporting period, including a description of significant problems, abuses, and deficiencies disclosed by such report; (B) a description of the recommendations for corrective action made with respect to signifi- cant problems, abuses, or deficiencies de- scribed pursuant to subparagraph (A); (C) a summary of the progress made in im- plementing such corrective action described pursuant to subparagraph (B); and (D) information concerning any disagree- ment the Comptroller General has with a rec- ommendation of the Inspector General. (2) The Comptroller General shall transmit the semiannual reports of the Inspector General, to- gether with any comments the Comptroller Gen- eral considers appropriate, to Congress within 30 days after receipt of such reports. (f) INDEPENDENCE IN CARRYING OUT DUTIES AND RESPONSIBILITIES.— (1) PROHIBITION.—The Comptroller General may not prevent or prohibit the Inspector General from carrying out any of the duties or responsibilities of the Inspector General under this section. (2) BUDGET INDEPENDENCE.—The Comptroller General shall include the annual budget re- quest of the Inspector General in the budget of the Government Accountability Office without change. (g) AUTHORITY FOR STAFF.— (1) IN GENERAL.—The Inspector General shall select, appoint, and employ (including fixing and adjusting the rates of pay of) such per- sonnel as may be necessary to carry out this section consistent with the provisions of this title governing selections, appointments, and employment (including the fixing and adjust- ing the rates of pay) in the Government Ac- countability Office. Such personnel shall be appointed, promoted, and assigned only on the basis of merit and fitness, but without regard to those provisions of title 5 governing ap- pointments and other personnel actions in the competitive service. (2) EXPERTS AND CONSULTANTS.—The Inspec- tor General may procure temporary and inter- mittent services under section 3109 of title 5 at rates not to exceed the daily equivalent of the annual rate of basic pay for level IV of the Ex- ecutive Schedule under section 5315 of such title. (3) INDEPENDENCE IN APPOINTING STAFF.—No individual may carry out any of the duties or responsibilities of the Office of the Inspector General unless the individual is appointed by the Inspector General, or provides services ob- tained by the Inspector General, pursuant to this paragraph. (4) LIMITATION ON PROGRAM RESPONSIBIL- ITIES.—The Inspector General and any indi- vidual carrying out any of the duties or re- sponsibilities of the Office of the Inspector General are prohibited from performing any program responsibilities. (5) LEGAL ADVICE.—The Inspector General shall, in accordance with applicable laws and regulations governing selections, appoint- ments, and employment at the Government Accountability Office, obtain legal advice from a counsel reporting directly to the In- spector General or another Inspector General. (h) OFFICE SPACE.—The Comptroller General shall provide the Office of the Inspector Gen- eral— (1) appropriate and adequate office space; (2) such equipment, office supplies, and com- munications facilities and services as may be necessary for the operation of the Office of the Inspector General; (3) necessary maintenance services for such office space, equipment, office supplies, and communications facilities; and (4) equipment and facilities located in such office space. (i) DEFINITION.—As used in this section, the term ‘‘Federal agency’’ means a department, agency, instrumentality, or unit thereof, of the Federal Government. (Added Pub. L. 110–323, § 5(a), Sept. 22, 2008, 122 Stat. 3544; amended Pub. L. 118–131, § 2, Nov. 25, 2024, 138 Stat. 1641.) Editorial Notes AMENDMENTS 2024—Subsec. (b)(2). Pub. L. 118–131, § 2(1)(A), des- ignated existing provisions as subpar. (A), struck out ‘‘The Comptroller General shall, promptly upon such removal, communicate in writing the reasons for any such removal to each House of Congress.’’ at end of sub- par. (A), and added subpars. (B) to (D). Subsecs. (b)(3), (4). Pub. L. 118–131, § 2(1)(B), (C), added par. (3) and redesignated former par. (3) as (4). Subsec. (f). Pub. L. 118–131, § 2(2), designated existing provisions as par. (1), inserted heading, and added par. (2). Subsec. (g)(1). Pub. L. 118–131, § 2(3)(A), struck out ‘‘, except that no personnel of the Office may be paid at an annual rate greater than $1,000 less than the annual rate of pay of the Inspector General’’ after ‘‘competi- tive service’’. Subsec. (g)(5). Pub. L. 118–131, § 2(3)(B), added par. (5). Statutory Notes and Related Subsidiaries INCUMBENT Pub. L. 110–323, § 5(b), Sept. 22, 2008, 122 Stat. 3547, pro- vided that: ‘‘The individual who serves in the position of Inspector General of the Government Accountability Office on the date of the enactment of this Act [Sept. 22, 2008] shall continue to serve in such position subject to removal in accordance with the amendments made by this section [enacting this section].’’ SUBCHAPTER II—GENERAL DUTIES AND POWERS § 711. General authority The Comptroller General may— (1) prescribe regulations to carry out the du- ties and powers of the Comptroller General;

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

31 U.S.C. § 705 — Inspector General for the Government Accountability Office

**(a) Establishment of Office.—** There is established an Office of the Inspector General in the Government Accountability Office, to— (1) conduct and supervise audits consistent with generally accepted government auditing standards and investigations relating to the Government Accountability Office; (2) provide leadership and coordination and recommend policies, to promote economy, efficiency, and effectiveness in the Government Accountability Office; and (3) keep the Comptroller General and Congress fully and currently informed concerning fraud and other serious problems, abuses, and deficiencies relating to the administration of programs and operations of the Government Accountability Office. **(b) Appointment, Supervision, and Removal.—** (1) The Office of the Inspector General shall be headed by an Inspector General, who shall be appointed by the Comptroller 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. The Inspector General shall report to, and be under the general supervision of, the Comptroller General. (2) (A) The Inspector General may be removed from office by the Comptroller General. (B) If the Inspector General is removed from office or is transferred to another position or location within the Government Accountability Office, the Comptroller General shall communicate in writing the substantive rationale, including detailed and case-specific reasons, for any such removal or transfer to both Houses of Congress (including to the appropriate congressional committees), not later than 30 days before the removal or transfer. (C) If there is an open or completed inquiry into t

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