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5 U.S.C. § 406 — Authority of Inspector General
Federal law — U.S. Code and appendices · legal_authorities
Page 45
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 406
DISCLOSURE OF GOVERNMENT CONTRACTOR AUDIT
FINDINGS
Pub. L. 110–181, div. A, title VIII, § 845, Jan. 28, 2008,
122 Stat. 240, as amended by Pub. L. 117–286, § 4(b)(8),
Dec. 27, 2022, 136 Stat. 4343, provided that:
‘‘(a) REQUIRED ANNEX
ON SIGNIFICANT AUDIT FIND-
INGS.—
‘‘(1) IN GENERAL.—Each Inspector General appointed
under chapter 4 of title 5, United States Code, shall
submit, as part of the semiannual report submitted
to Congress pursuant to section 5 of such Act, an
annex on final, completed contract audit reports
issued to the contracting activity containing signifi-
cant audit findings issued during the period covered
by the semiannual report concerned.
‘‘(2) ELEMENTS.—Such annex shall include—
‘‘(A) a list of such contract audit reports;
‘‘(B) for each audit report, a brief description of
the nature of the significant audit findings in the
report; and
‘‘(C) for each audit report, the specific amounts of
costs identified as unsupported, questioned, or dis-
allowed.
‘‘(3) INFORMATION
EXEMPT
FROM
PUBLIC
DISCLO-
SURE.—(A) Nothing in this subsection shall be con-
strued to require the release of information to the
public that is exempt from public disclosure under
section 552(b) of title 5, United States Code.
‘‘(B) For each element required by paragraph (2),
the Inspector General concerned shall note each in-
stance where information has been redacted in ac-
cordance with the requirements of section 552(b) of
title 5, United States Code, and submit an unredacted
annex to the committees listed in subsection (d)(2)
within 7 days after the issuance of the semiannual re-
port.
‘‘(b) DEFENSE CONTRACT AUDIT AGENCY INCLUDED.—
For purposes of subsection (a), audits of the Defense
Contract A
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Page 45
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 406
DISCLOSURE OF GOVERNMENT CONTRACTOR AUDIT
FINDINGS
Pub. L. 110–181, div. A, title VIII, § 845, Jan. 28, 2008,
122 Stat. 240, as amended by Pub. L. 117–286, § 4(b)(8),
Dec. 27, 2022, 136 Stat. 4343, provided that:
‘‘(a) REQUIRED ANNEX
ON SIGNIFICANT AUDIT FIND-
INGS.—
‘‘(1) IN GENERAL.—Each Inspector General appointed
under chapter 4 of title 5, United States Code, shall
submit, as part of the semiannual report submitted
to Congress pursuant to section 5 of such Act, an
annex on final, completed contract audit reports
issued to the contracting activity containing signifi-
cant audit findings issued during the period covered
by the semiannual report concerned.
‘‘(2) ELEMENTS.—Such annex shall include—
‘‘(A) a list of such contract audit reports;
‘‘(B) for each audit report, a brief description of
the nature of the significant audit findings in the
report; and
‘‘(C) for each audit report, the specific amounts of
costs identified as unsupported, questioned, or dis-
allowed.
‘‘(3) INFORMATION
EXEMPT
FROM
PUBLIC
DISCLO-
SURE.—(A) Nothing in this subsection shall be con-
strued to require the release of information to the
public that is exempt from public disclosure under
section 552(b) of title 5, United States Code.
‘‘(B) For each element required by paragraph (2),
the Inspector General concerned shall note each in-
stance where information has been redacted in ac-
cordance with the requirements of section 552(b) of
title 5, United States Code, and submit an unredacted
annex to the committees listed in subsection (d)(2)
within 7 days after the issuance of the semiannual re-
port.
‘‘(b) DEFENSE CONTRACT AUDIT AGENCY INCLUDED.—
For purposes of subsection (a), audits of the Defense
Contract Audit Agency shall be included in the annex
provided by the Inspector General of the Department of
Defense if they include significant audit findings.
‘‘(c) EXCEPTION.—Subsection (a) shall not apply to an
Inspector General if no audits described in such sub-
section were issued during the covered period.
‘‘(d) SUBMISSION OF INDIVIDUAL AUDITS.—
‘‘(1) REQUIREMENT.—The head of each Federal de-
partment or agency shall provide, within 14 days
after a request in writing by the chairman or ranking
member of any committee listed in paragraph (2), a
full and unredacted copy of any audit described in
subsection (a). Such copy shall include an identifica-
tion of information in the audit exempt from public
disclosure under section 552(b) of title 5, United
States Code.
‘‘(2) COMMITTEES.—The committees listed in this
paragraph are the following:
‘‘(A) The Committee on Oversight and Govern-
ment Reform [now Committee on Oversight and Ac-
countability] of the House of Representatives.
‘‘(B) The Committee on Homeland Security and
Governmental Affairs of the Senate.
‘‘(C) The Committees on Appropriations of the
House of Representatives and the Senate.
‘‘(D) With respect to the Department of Defense
and the Department of Energy, the Committees on
Armed Services of the Senate and House of Rep-
resentatives.
‘‘(E) The Committees of primary jurisdiction over
the agency or department to which the request is
made.
‘‘(e) CLASSIFIED INFORMATION.—Nothing in this sec-
tion shall be interpreted to require the handling of
classified information or information relating to intel-
ligence sources and methods in a manner inconsistent
with any law, regulation, executive order, or rule of the
House of Representatives or of the Senate relating to
the handling or protection of such information.
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) SIGNIFICANT AUDIT FINDINGS.—The term ‘signifi-
cant audit findings’ includes—
‘‘(A) unsupported, questioned, or disallowed costs
in an amount in excess of $10,000,000; or
‘‘(B) other findings that the Inspector General of
the agency or department concerned determines to
be significant.
‘‘(2) CONTRACT.—The term ‘contract’ includes a con-
tract, an order placed under a task or delivery order
contract, or a subcontract.’’
PROMPT MANAGEMENT DECISIONS AND IMPLEMENTATION
OF AUDIT RECOMMENDATIONS
Pub. L. 103–355, title VI, § 6009, Oct. 13, 1994, 108 Stat.
3367, as amended by Pub. L. 104–106, div. A, title VIII,
§ 810, Feb. 10, 1996, 110 Stat. 394; Pub. L. 117–286, § 4(b)(9),
Dec. 27, 2022, 136 Stat. 4343, provided that:
‘‘(a) MANAGEMENT DECISIONS.—(1) The head of a Fed-
eral agency shall make management decisions on all
findings and recommendations set forth in an audit re-
port of the inspector general of the agency within a
maximum of six months after the issuance of the re-
port.
‘‘(2) The head of a Federal agency shall make man-
agement decisions on all findings and recommendations
set forth in an audit report of any auditor from outside
the Federal Government within a maximum of six
months after the date on which the head of the agency
receives the report.
‘‘(b) COMPLETION
OF FINAL ACTION.—The head of a
Federal agency shall complete final action on each
management decision required with regard to a rec-
ommendation in an inspector general’s report under
subsection (a)(1) within 12 months after the date of the
inspector general’s report. If the head of the agency
fails to complete final action with regard to a manage-
ment decision within the 12-month period, the inspec-
tor general concerned shall identify the matter in each
of the inspector general’s semiannual reports pursuant
to section 405(b)(3) of title 5, United States Code, until
final action on the management decision is com-
pleted.’’
§ 406. Authority of Inspector General
(a) IN GENERAL.—In addition to the authority
otherwise provided by this chapter, each Inspec-
tor General, in carrying out the provisions of
this chapter, is authorized—
(1)(A) to have timely access to all records,
reports, audits, reviews, documents, papers,
recommendations, or other materials avail-
able to the applicable establishment which re-
late to the programs and operations with re-
spect to which that Inspector General has re-
sponsibilities under this chapter;
(B) to have access under subparagraph (A)
notwithstanding any other provision of law,
except pursuant to any provision of law en-
acted by Congress that expressly—
(i) refers to the Inspector General; and
(ii) limits the right of access of the Inspec-
tor General; and
(C) except as provided in subsection (i), with
regard to Federal grand jury materials pro-
tected from disclosure pursuant to rule 6(e) of
the Federal Rules of Criminal Procedure, to
have timely access to such information if the
Attorney General grants the request in ac-
cordance with subsection (h);
(2) to make such investigations and reports
relating to the administration of the programs
and operations of the applicable establishment
as are, in the judgment of the Inspector Gen-
eral, necessary or desirable;
(3) to request such information or assistance
as may be necessary for carrying out the du-
Page 46
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 406
ties and responsibilities provided by this chap-
ter from any Federal, State, or local govern-
mental agency or unit thereof;
(4) to require by subpoena the production of
all information, documents, reports, answers,
records, accounts, papers, and other data in
any medium (including electronically stored
information), as well as any tangible thing
and documentary evidence necessary in the
performance of the functions assigned by this
chapter, which subpoena, in the case of contu-
macy or refusal to obey, shall be enforceable
by order of any appropriate United States dis-
trict court, but procedures other than sub-
poenas shall be used by the Inspector General
to obtain documents and information from
Federal agencies;
(5) to administer to or take from any person
an oath, affirmation, or affidavit, whenever
necessary in the performance of the functions
assigned by this chapter, which oath, affirma-
tion, or affidavit when administered or taken
by or before an employee of an 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) to have direct and prompt access to the
head of the establishment involved when nec-
essary for any purpose pertaining to the per-
formance of functions and responsibilities
under this chapter;
(7) to select, appoint, and employ such offi-
cers and employees as may be necessary for
carrying out the functions, powers, and duties
of the Office subject to the provisions of this
title, governing appointments in the competi-
tive service, and the provisions of chapter 51
and subchapter III of chapter 53 of this title
relating to classification and General Sched-
ule pay rates;
(8) to obtain services as authorized by sec-
tion 3109 of this title, at daily rates not to ex-
ceed the maximum rate payable under section
5376 of this title; and
(9) to the extent and in such amounts as may
be provided in advance by appropriations Acts,
to enter into contracts and other arrange-
ments for audits, studies, analyses, and other
services with public agencies and with private
persons, and to make such payments as may
be necessary to carry out the provisions of
this chapter.
(b) PUBLIC DISCLOSURE OTHERWISE PROHIBITED
BY LAW.—Nothing in this section shall be con-
strued as authorizing an Inspector General to
publicly disclose information otherwise prohib-
ited from disclosure by law.
(c) REQUESTS FOR INFORMATION.—
(1) COMPLIANCE IN GENERAL.—Upon request of
an Inspector General for information or assist-
ance under subsection (a)(3), the head of any
Federal agency involved shall, insofar as is
practicable and not in contravention of any
existing statutory restriction or regulation of
the Federal agency from which the informa-
tion is requested, furnish to the Inspector Gen-
eral, or to an authorized designee, the re-
quested information or assistance.
(2) UNREASONABLE
REFUSAL.—Whenever in-
formation or assistance requested under sub-
section (a)(1) or (a)(3) is, in the judgment of an
Inspector General, unreasonably refused or not
provided, the Inspector General shall report
the circumstances to the head of the establish-
ment involved without delay.
(d) OFFICE SPACE AND SUPPLIES.—Each head of
an establishment shall provide the Office within
the establishment with appropriate and ade-
quate office space at central and field office lo-
cations of the establishment, together with such
equipment, office supplies, and communications
facilities and services as may be necessary for
the operation of the offices, and shall provide
necessary maintenance services for the offices
and the equipment and facilities provided.
(e) APPLYING CERTAIN PROVISIONS.—
(1) EACH OFFICE CONSIDERED SEPARATE AGEN-
CY.—
(A) For purposes of applying the provisions
of law identified in subparagraph (B)—
(i) each Office of Inspector General shall
be considered to be a separate agency; and
(ii) the Inspector General who is the
head of an office referred to in clause (i)
shall, with respect to that office, have the
functions, powers, and duties of an agency
head or appointing authority under such
provisions.
(B) This paragraph applies with respect to
the following provisions of this title:
(i) Subchapter II of chapter 35.
(ii) Sections 8335(b), 8336, 8344, 8414,
8425(b), and 8468.
(iii) All provisions relating to the Senior
Executive Service (as determined by the
Office of Personnel Management), subject
to paragraph (2).
(2) APPLYING SECTION 4507(b).—For purposes
of applying section 4507(b) of this title, para-
graph (1)(A)(ii) shall be applied by substituting
‘‘the Council of the Inspectors General on In-
tegrity and Efficiency (established by section
424 of this title) shall’’ for ‘‘the Inspector Gen-
eral who is the head of an office referred to in
clause (i) shall, with respect to that office,’’.
(f) ADDITIONAL AUTHORITY.—
(1) IN GENERAL.—In addition to the authority
otherwise provided by this chapter, each In-
spector General, any Assistant Inspector Gen-
eral for Investigations under such an Inspector
General, and any special agent supervised by
such an Assistant Inspector General may be
authorized by the Attorney General to—
(A) carry a firearm while engaged in offi-
cial duties as authorized under this chapter
or other statute, or as expressly authorized
by the Attorney General;
(B) make an arrest without a warrant
while engaged in official duties as author-
ized under this chapter or other statute, or
as expressly authorized by the Attorney
General, for any offense against the United
States committed in the presence of such In-
spector General, Assistant Inspector Gen-
eral, or agent, or for any felony cognizable
under the laws of the United States if such
Inspector General, Assistant Inspector Gen-
eral, or agent has reasonable grounds to be-
lieve that the person to be arrested has com-
mitted or is committing such felony; and
Page 47
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 406
(C) seek and execute warrants for arrest,
search of a premises, or seizure of evidence
issued under the authority of the United
States upon probable cause to believe that a
violation has been committed.
(2) DETERMINATION.—The Attorney General
may authorize exercise of the powers under
this subsection only upon an initial deter-
mination that—
(A) the affected Office of Inspector General
is significantly hampered in the performance
of responsibilities established by this chap-
ter as a result of the lack of such powers;
(B) available assistance from other law en-
forcement agencies is insufficient to meet
the need for such powers; and
(C) adequate internal safeguards and man-
agement procedures exist to ensure proper
exercise of such powers.
(3) EXEMPTIONS
FROM
REQUIREMENT
OF
INI-
TIAL
DETERMINATION
OF
ELIGIBILITY.—The In-
spector General offices of the Department of
Commerce, Department of Education, Depart-
ment of Energy, Department of Health and
Human Services, Department of Homeland Se-
curity, Department of Housing and Urban De-
velopment, Department of the Interior, De-
partment of Justice, Department of Labor, De-
partment of State, Department of Transpor-
tation, Department of the Treasury, Depart-
ment of Veterans’ Affairs, Agency for Inter-
national Development, Environmental Protec-
tion Agency, Federal Deposit Insurance Cor-
poration, Federal Emergency Management
Agency, General Services Administration, Na-
tional Aeronautics and Space Administration,
Nuclear Regulatory Commission, Office of Per-
sonnel
Management,
Railroad
Retirement
Board, Small Business Administration, Social
Security Administration, and the Tennessee
Valley Authority are exempt from the require-
ment of paragraph (2) for an initial determina-
tion of eligibility by the Attorney General.
(4) GUIDELINES.—The Attorney General shall
promulgate, and revise as appropriate, guide-
lines which shall govern the exercise of the
law enforcement powers established under
paragraph (1).
(5) RESCINDING OR SUSPENDING POWERS.—
(A) POWERS AUTHORIZED FOR AN OFFICE OF
INSPECTOR GENERAL.—Powers authorized for
an Office of Inspector General under para-
graph (1) may be rescinded or suspended
upon a determination by the Attorney Gen-
eral that any of the requirements under
paragraph (2) is no longer satisfied or that
the exercise of authorized powers by that Of-
fice of Inspector General has not complied
with the guidelines promulgated by the At-
torney General under paragraph (4).
(B) POWERS AUTHORIZED TO BE EXERCISED
BY AN INDIVIDUAL.—Powers authorized to be
exercised by any individual under paragraph
(1) may be rescinded or suspended with re-
spect to that individual upon a determina-
tion by the Attorney General that such indi-
vidual has not complied with guidelines pro-
mulgated by the Attorney General under
paragraph (4).
(6) NOT
REVIEWABLE.—A determination by
the Attorney General under paragraph (2) or
(5) shall not be reviewable in or by any court.
(7) MEMORANDUM OF UNDERSTANDING.—To en-
sure the proper exercise of the law enforce-
ment powers authorized by this subsection,
the Offices of Inspector General described
under paragraph (3) shall, not later than 180
days after November 25, 2002, collectively
enter into a memorandum of understanding to
establish an external review process for ensur-
ing that adequate internal safeguards and
management procedures continue to exist
within each Office and within any Office that
later receives an authorization under para-
graph (2). The review process shall be estab-
lished in consultation with the Attorney Gen-
eral, who shall be provided with a copy of the
memorandum of understanding that estab-
lishes the review process. Under the review
process, the exercise of the law enforcement
powers by each Office of Inspector General
shall be reviewed periodically by another Of-
fice of Inspector General or by a committee of
Inspectors General. The results of each review
shall be communicated in writing to the appli-
cable Inspector General and to the Attorney
General.
(8) NOT A LIMITATION ON OTHER LAW ENFORCE-
MENT POWERS.—No provision of this subsection
shall limit the exercise of law enforcement
powers established under any other statutory
authority, including United States Marshals
Service special deputation.
(9) DEFINITION
OF
INSPECTOR
GENERAL.—In
this subsection, the term ‘‘Inspector General’’
means an Inspector General appointed under
section 403 of this title or an Inspector General
appointed under section 415 of this title.
(g) BUDGETS.—
(1) INSPECTOR
GENERAL’S
BUDGET
ESTIMATE
AND REQUEST TRANSMITTED TO HEAD OF ESTAB-
LISHMENT
OR
DESIGNATED
FEDERAL
ENTITY.—
For each fiscal year, an Inspector General
shall transmit a budget estimate and request
to the head of the establishment or designated
Federal entity to which the Inspector General
reports. The budget request shall specify the
aggregate amount of funds requested for such
fiscal year for the operations of that Inspector
General and shall specify the amount re-
quested for all training needs, including a cer-
tification from the Inspector General that the
amount requested satisfies all training re-
quirements for the Inspector General’s office
for that fiscal year, and any resources nec-
essary to support the Council of the Inspectors
General on Integrity and Efficiency. Resources
necessary to support the Council of the Inspec-
tors General on Integrity and Efficiency shall
be specifically identified and justified in the
budget request.
(2) HEAD OF ESTABLISHMENT OR DESIGNATED
FEDERAL
ENTITY’S
PROPOSED
BUDGET
TRANS-
MITTED TO PRESIDENT.—In transmitting a pro-
posed budget to the President for approval,
the head of each establishment or designated
Federal entity shall include—
(A) an aggregate request for the Inspector
General;
(B) amounts for Inspector General train-
ing;
Page 48
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 406
(C) amounts for support of the Council of
the Inspectors General on Integrity and Effi-
ciency; and
(D) any comments of the affected Inspec-
tor General with respect to the proposal.
(3) PRESIDENT’S BUDGET SUBMITTED TO CON-
GRESS.—The President shall include in each
budget of the United States Government sub-
mitted to Congress—
(A) a separate statement of the budget es-
timate prepared in accordance with para-
graph (1);
(B) the amount requested by the President
for each Inspector General;
(C) the amount requested by the President
for training of Inspectors General;
(D) the amount requested by the President
for support for the Council of the Inspectors
General on Integrity and Efficiency; and
(E) any comments of the affected Inspector
General with respect to the proposal if the
Inspector General concludes that the budget
submitted by the President would substan-
tially inhibit the Inspector General from
performing the duties of the office.
(h) FEDERAL GRAND JURY MATERIALS.—
(1) NOTIFICATION
OF
ATTORNEY
GENERAL
OF
REQUEST.—If the Inspector General of an es-
tablishment submits a request to the head of
the establishment for Federal grand jury ma-
terials pursuant to subsection (a)(1), the head
of the establishment shall immediately notify
the Attorney General of such request.
(2) DETERMINATION BY ATTORNEY GENERAL.—
Not later than 15 days after the date on which
a request is submitted to the Attorney Gen-
eral under paragraph (1), the Attorney General
shall determine whether to grant or deny the
request for Federal grand jury materials and
shall immediately notify the head of the es-
tablishment of such determination. The Attor-
ney General shall grant the request unless the
Attorney General determines that granting
access to the Federal grand jury materials
would be likely to—
(A) interfere with an ongoing criminal in-
vestigation or prosecution;
(B) interfere with an undercover operation;
(C) result in disclosure of the identity of a
confidential source, including a protected
witness;
(D) pose a serious threat to national secu-
rity; or
(E) result in significant impairment of the
trade or economic interests of the United
States.
(3) COMMENTS.—
(A) REQUIREMENT
TO
INFORM
INSPECTOR
GENERAL
OF
DETERMINATION
BY
ATTORNEY
GENERAL.—The head of the establishment
shall inform the Inspector General of the es-
tablishment of the determination made by
the Attorney General with respect to the re-
quest for Federal grand jury materials.
(B) SUBMISSION OF COMMENTS BY INSPECTOR
GENERAL.—The Inspector General of the es-
tablishment described under subparagraph
(A) may submit comments on the determina-
tion submitted pursuant to such subpara-
graph to the committees listed under para-
graph (4) that the Inspector General con-
siders appropriate.
(4) STATEMENT
OF
ATTORNEY
GENERAL
RE-
GARDING DENIAL OF REQUEST.—Not later than
30 days after notifying the head of an estab-
lishment of a denial pursuant to paragraph (2),
the Attorney General shall submit a state-
ment that the request for Federal grand jury
materials by the Inspector General was denied
and the reason for the denial to each of the
following:
(A) The Committee on Homeland Security
and Governmental Affairs, the Committee
on the Judiciary, and the Select Committee
on Intelligence of the Senate.
(B) The Committee on Oversight and Re-
form, the Committee on the Judiciary, and
the Permanent Select Committee on Intel-
ligence of the House of Representatives.
(C) Other appropriate committees and sub-
committees of Congress.
(i) NON-APPLICABILITY OF CERTAIN PROVISIONS
TO REQUESTS FROM INSPECTOR GENERAL OF DE-
PARTMENT OF JUSTICE.—Subsections (a)(1)(C) and
(h) shall not apply to requests from the Inspec-
tor General of the Department of Justice.
(j) COMPUTERIZED COMPARISONS.—
(1) DEFINITIONS.—In this subsection, the
terms
‘‘agency’’,
‘‘matching
program’’,
‘‘record’’, and ‘‘system of records’’ have the
meanings given those terms in section 552a(a)
of title 5.
(2)
NON-CONSIDERATION
OF
COMPUTERIZED
COMPARISONS
AS
MATCHING
PROGRAMS.—For
purposes of section 552a of title 5 or any other
provision of law, a computerized comparison
of two or more automated Federal systems of
records, or a computerized comparison of a
Federal system of records with other records
or non-Federal records, performed by an In-
spector General or by an agency in coordina-
tion with an Inspector General in conducting
an audit, investigation, inspection, evalua-
tion, or other review authorized under this
chapter shall not be considered a matching
program.
(3) LIMITATION.—Nothing in this subsection
shall be construed to impede the exercise by
an Inspector General of any matching program
authority established under any other provi-
sion of law.
(k) NON-APPLICABILITY OF FEDERAL INFORMA-
TION POLICY.—Subchapter I of chapter 35 of title
44 shall not apply to the collection of informa-
tion during the conduct of an audit, investiga-
tion, inspection, evaluation, or other review
conducted by the Council of the Inspectors Gen-
eral on Integrity and Efficiency or any Office of
Inspector General, including any Office of Spe-
cial Inspector General.
(Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat.
4218.)
AMENDMENTS NOT SHOWN IN TEXT
This section was derived from section 6 of the
Inspector General Act of 1978, Pub. L. 95–452,
which was set out in the former Appendix to
this title, and as it existed as of Oct. 19, 2021.
Section 6 of Pub. L. 95–452 was amended by
Page 49
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 407
Pub. L. 117–263, div. E, title LII, §§ 5261, 5272(2),
Dec. 23, 2022, 136 Stat. 3238, 3239, prior to being
repealed and reenacted as this section by Pub.
L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat.
4218, 4361. For applicability of those amend-
ments 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 6 of Pub. L. 95–452 was amended
as follows:
(1) in subsection (c), by adding at the end the
following:
‘‘(3) If the information or assistance that is the
subject of a report under paragraph (2) is not pro-
vided to the Inspector General by the date that is
30 days after the report is made, the Inspector
General shall submit a notice that the information
or assistance requested has not been provided by
the head of the establishment involved or the
head of the Federal agency involved, as applica-
ble, to the appropriate congressional commit-
tees.’’; and
(2) in subsection (h)(4)—
(A) in subparagraph (B), by striking ‘‘Gov-
ernment’’; and
(B) by amending subparagraph (C) to read as
follows:
‘‘(C) Any other relevant congressional com-
mittee or subcommittee of jurisdiction.’’
The word ‘‘Government’’ did not appear be-
fore ‘‘Reform’’ in the text of subsection (h)(4)(B)
as enacted by Pub. L. 117–286. See Historical
and Revision note below.
For definition of ‘‘appropriate congressional
committees’’ as seen in the above amendment 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)
406 .............
5 U.S.C. App. (IGA
§ 6)
Pub. L. 95–452, § 6, Oct. 12,
1978, 92 Stat. 1104; Pub. L.
100–504,
title
I,
§§ 107,
110(a), Oct. 18, 1988, 102
Stat. 2528, 2529; Pub. L.
107–296, title VIII, § 812(a),
Nov. 25, 2002, 116 Stat.
2222; Pub. L. 110–409, §§ 8, 9,
11, 14(a), Oct. 14, 2008, 122
Stat. 4313–4316; Pub. L.
114–317, §§ 2, 5, 7(d)(2)(D),
(3)(B), Dec. 16, 2016, 130
Stat. 1595, 1603, 1606.
In subsection (a)(8), the words ‘‘maximum rate pay-
able under section 5376 of this title’’ are substituted for
‘‘equivalent rate prescribed for grade GS–18 of the Gen-
eral Schedule by section 5332 of title 5, United States
Code’’ for clarity and because of section 101(c) of the
Federal Employees Pay Comparability Act of 1990 (en-
acted by section 529 of Public Law 101–509 (5 U.S.C. 5376
note)).
In subsection (f)(7), the date ‘‘November 25, 2002’’ is
substituted for ‘‘the date of enactment of this sub-
section’’ for clarity. Subsection (f) (formerly subsection
(e)) of section 6 of the Inspector General Act of 1978 was
enacted on November 25, 2002, by section 812(a) of the
Homeland Security Act of 2002 (Public Law 107–296, 116
Stat. 2222).
In subsection (h)(4)(B), the words ‘‘Committee on
Oversight and Reform’’ are substituted for ‘‘Committee
on Oversight and Government Reform’’ 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 Federal Rules of Criminal Procedure, referred to
in subsec. (a)(1)(C), are set out in the Appendix to Title
18, Crimes and Criminal Procedure.
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.
ESTABLISHMENT OF INSPECTORS GENERAL CRIMINAL IN-
VESTIGATOR ACADEMY AND INSPECTORS GENERAL FO-
RENSIC LABORATORY
Pub. L. 106–422, § 2, Nov. 1, 2000, 114 Stat. 1873, as
amended by Pub. L. 117–286, § 4(b)(10), Dec. 27, 2022, 136
Stat. 4343, provided that:
‘‘(a) INSPECTORS
GENERAL
CRIMINAL
INVESTIGATOR
ACADEMY.—
‘‘(1) ESTABLISHMENT.—There is established the
Criminal Investigator Academy within the Depart-
ment of the Treasury. The Criminal Investigator
Academy is established for the purpose of performing
investigator training services for offices of inspectors
general created under chapter 4 of title 5, United
States Code.
‘‘(2) EXECUTIVE
DIRECTOR.—The Criminal Investi-
gator Academy shall be administered by an Executive
Director who shall report to an inspector general for
an establishment as defined in section 401 of title 5,
United States Code—
‘‘(A) designated by the President’s Council on In-
tegrity and Efficiency; or
‘‘(B) if that council is eliminated, by a majority
vote of the inspectors general created under chap-
ter 4 of title 5, United States Code.
‘‘(b) INSPECTORS GENERAL FORENSIC LABORATORY.—
‘‘(1) ESTABLISHMENT.—There is established the In-
spectors General Forensic Laboratory within the De-
partment of the Treasury. The Inspectors General Fo-
rensic Laboratory is established for the purpose of
performing forensic services for offices of inspectors
general created under chapter 4 of title 5, United
States Code.
‘‘(2) EXECUTIVE DIRECTOR.—The Inspectors General
Forensic Laboratory shall be administered by an Ex-
ecutive Director who shall report to an inspector gen-
eral for an establishment as defined in section 401 of
title 5, United States Code—
‘‘(A) designated by the President’s Council on In-
tegrity and Efficiency; or
‘‘(B) if that council is eliminated, by a majority
vote of the inspectors general created under chap-
ter 4 of title 5, United States Code.
‘‘(c) SEPARATE APPROPRIATIONS ACCOUNT.—[Amended
section 1105 of Title 31, Money and Finance.]
‘‘(d) AUTHORIZATION
OF APPROPRIATIONS.—There are
authorized to carry out this section such sums as may
be necessary for fiscal year 2001 and each fiscal year
thereafter.’’
§ 407. Complaints by employees
(a) RECEIPT AND INVESTIGATION.—The Inspec-
tor General may receive and investigate com-
plaints or information from an employee of the
establishment concerning the possible existence
of an activity constituting a violation of law,
rules, or regulations, or mismanagement, gross
waste of funds, abuse of authority, or a substan-
tial and specific danger to the public health and
safety.
(b) PROHIBITION ON DISCLOSURE OF IDENTITY.—
The Inspector General shall not, after receipt of
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** In addition to the authority otherwise provided by this chapter, each Inspector General, in carrying out the provisions of this chapter, is authorized—
(1)
(A) to have timely access to all records, reports, audits, reviews, documents, papers, recommendations, or other materials available to the applicable establishment which relate to the programs and operations with respect to which that Inspector General has responsibilities under this chapter;
(B) to have access under subparagraph (A) notwithstanding any other provision of law, except pursuant to any provision of law enacted by Congress that expressly—
(i) refers to the Inspector General; and
(ii) limits the right of access of the Inspector General; and
(C) except as provided in subsection (i), with regard to Federal grand jury materials protected from disclosure pursuant to rule 6(e) of the Federal Rules of Criminal Procedure, to have timely access to such information if the Attorney General grants the request in accordance with subsection (h);
(2) to make such investigations and reports relating to the administration of the programs and operations of the applicable establishment as are, in the judgment of the Inspector General, necessary or desirable;
(3) to request such information or assistance as may be necessary for carrying out the duties and responsibilities provided by this chapter from any Federal, State, or local governmental agency or unit thereof;
(4) to require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and other data in any medium (including electronically stored information), as well as any tangible thing and documentary evidence necessary in the performance of the functions assigned by this chapter
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 406
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
**(a)** This section applies to—
(1) positions that are classified above GS–15 pursuant to section 5108; and
(2) scientific or professional positions established under section 3104;
but does not apply to—
(A) any Senior Executive Service position under section 3132; or
(B) any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151.
**(b)**
(1) Subject to such regulations as the Office of Personnel Management prescribes, the head of the agency concerned shall fix the rate of basic pay for any position within such agency to which this section applies. A rate fixed under this section shall be—
(A) not less than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule; and
(B) subject to paragraph (3), not greater than the rate of basic pay payable for level III of the Executive Schedule.
The payment of a rate of basic pay under this section shall not be subject to the pay limitation of section 5306(e) or 5373.
(2) Subject to paragraph (1), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of pay under the General Schedule, each rate of pay established under this section for positions within an agency shall be adjusted by such amount as the head of such agency considers appropriate.
(3) In the case of an agency which has a performance appraisal system which, as designed and applied, is certified under section 5307(d) as making meaningful distinctions based on relative performance, paragraph (1)(B) shall apply as if the reference to “level III” were a reference to “level II”.
(4) No employee may suffer a reduction in pay by reaso
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5376
Stored review status: release_metadata_unconfirmed. The source passage cites 5 U.S.C. § 5376. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 622
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 5376
REDUCTION OF BASIC PAY RATE
Pub. L. 91–34, § 3(b), June 30, 1969, 83 Stat. 41, provided
that: ‘‘No rate of basic pay shall be reduced by reason
of the enactment of this Act [enacting this section and
amending sections 5102 and 5109 of this title and section
193n of former Title 40, Public Buildings, Property, and
Works].’’
§ 5376. Pay for certain senior-level positions
(a) This section applies to—
(1) positions that are classified above GS–15
pursuant to section 5108; and
(2) scientific or professional positions estab-
lished under section 3104;
but does not apply to—
(A) any Senior Executive Service position
under section 3132; or
(B) any position in the Federal Bureau of In-
vestigation and Drug Enforcement Adminis-
tration Senior Executive Service under sec-
tion 3151.
(b)(1) Subject to such regulations as the Office
of Personnel Management prescribes, the head
of the agency concerned shall fix the rate of
basic pay for any position within such agency to
which this section applies. A rate fixed under
this section shall be—
(A) not less than 120 percent of the minimum
rate of basic pay payable for GS–15 of the Gen-
eral Schedule; and
(B) subject to paragraph (3), not greater than
the rate of basic pay payable for level III of
the Executive Schedule.
The payment of a rate of basic pay under this
section shall not be subject to the pay limita-
tion of section 5306(e) or 5373.
(2) Subject to paragraph (1), effective at the
beginning of the first applicable pay period com-
mencing on or after the first day of the month
in which an adjustment takes effect under sec-
tion 5303 in the rates of pay under the General
Schedule, each rate of pay established under
this section for positions wi
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 5376
Stored review status: historical_2024_not_currentness_verified. The source passage cites 5 U.S.C. § 5376. This identifies an authority to review, not proof of applicability.