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5 U.S.C. § 406 — Authority of Inspector General

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5 U.S.C. § 406 — Authority of Inspector General

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

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

5 U.S.C. § 406 — Authority of Inspector General

**(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

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

5 U.S.C. § 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 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

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

5 U.S.C. § 5376 — Pay for certain senior-level positions

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

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