IB 
House Calendar No. 52 
117TH CONGRESS 
1ST SESSION H. R. 5961 
[Report No. 117–193] 
To make revisions in title 5, United States Code, as necessary to keep 
the title current, and to make technical amendments to improve the 
United States Code. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 12, 2021 
Mr. NEGUSE introduced the following bill; which was referred to the 
Committee on the Judiciary 
NOVEMBER 30, 2021 
Reported from the Committee on the Judiciary 
A BILL 
To make revisions in title 5, United States Code, as nec-
essary to keep the title current, and to make technical 
amendments to improve the United States Code. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Table of contents. 
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Sec. 2. Purposes; restatement does not change meaning or effect of existing 
law. 
Sec. 3. Revision of title 5, United States Code. 
Sec. 4. Technical amendments. 
Sec. 5. Transitional and savings provisions. 
Sec. 6. Effect of references to title 5 on application of ethics provisions. 
Sec. 7. Repeals. 
SEC. 2. PURPOSES; RESTATEMENT DOES NOT CHANGE 
MEANING OR EFFECT OF EXISTING LAW. 
(a) PURPOSES.—The purposes of this Act are— 
(1) to make revisions in title 5, United States 
Code, as necessary to keep the title current; and 
(2) to make technical amendments to improve 
the United States Code. 
(b) RESTATEMENT DOES NOT CHANGE MEANING OR 
EFFECT OF EXISTING LAW.— 
(1) IN GENERAL.—The restatement of existing 
law enacted by this Act does not change the mean-
ing or effect of the existing law. The restatement in-
corporates in title 5, United States Code, various 
provisions that were enacted separately over a period 
of years, reorganizing them, conforming style and 
terminology, modernizing obsolete language, and cor-
recting drafting errors. These changes serve to re-
move ambiguities, contradictions, and other imper-
fections, but they do not change the meaning or ef-
fect of the existing law or impair the precedential 
value of earlier judicial decisions or other interpreta-
tions. 
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(2) RULE OF CONSTRUCTION.— 
(A) IN
GENERAL.—Notwithstanding the 
plain meaning rule or other rules of statutory 
construction, a change in wording made in the 
restatement of existing law enacted by this Act 
serves to clarify the existing law as indicated in 
paragraph (1), but not to change the meaning 
or effect of the existing law. 
(B) REVISION NOTES.—Subparagraph (A) 
applies whether or not a change in wording is 
explained by a revision note appearing in a con-
gressional report accompanying this Act. If 
such a revision note does appear, a court shall 
consider the revision note in interpreting the 
change. 
SEC. 3. REVISION OF TITLE 5, UNITED STATES CODE. 
(a) ENACTMENT OF CHAPTER 10.—Part I of title 5, 
United States Code, is amended by inserting after chapter 
9 the following: 
‘‘CHAPTER 10—FEDERAL ADVISORY 
COMMITTEES 
‘‘Sec. 
‘‘1001. Definitions. 
‘‘1002. Findings and declarations. 
‘‘1003. Applicability. 
‘‘1004. Responsibilities of congressional committees. 
‘‘1005. Responsibilities of the President. 
‘‘1006. Responsibilities of the Administrator. 
‘‘1007. Responsibilities of agency heads. 
‘‘1008. Establishment and purpose of advisory committees. 
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‘‘1009. Advisory committee procedures. 
‘‘1010. Availability of transcripts. 
‘‘1011. Fiscal and administrative provisions. 
‘‘1012. Responsibilities of Library of Congress. 
‘‘1013. Termination of advisory committees. 
‘‘1014. Requirements relating to National Academy of Sciences and National 
Academy of Public Administration. 
‘‘§ 1001. Definitions 
‘‘In this chapter: 
‘‘(1) ADMINISTRATOR.—The term ‘Adminis-
trator’ means the Administrator of General Services. 
‘‘(2) ADVISORY COMMITTEE.— 
‘‘(A) IN
GENERAL.—The term ‘advisory 
committee’ means a committee, board, commis-
sion, council, conference, panel, task force, or 
other similar group, or any subcommittee or 
other subgroup thereof (hereafter in this para-
graph referred to as ‘committee’) that is estab-
lished or utilized to obtain advice or rec-
ommendations for the President or one or more 
agencies or officers of the Federal Government 
and that is— 
‘‘(i) established by statute or reorga-
nization plan; 
‘‘(ii) established or utilized by the 
President; or 
‘‘(iii) established or utilized by one or 
more agencies. 
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‘‘(B) EXCLUSIONS.—The term ‘advisory 
committee’ excludes— 
‘‘(i) a committee that is composed 
wholly of full-time, or permanent part- 
time, officers or employees of the Federal 
Government; and 
‘‘(ii) a committee that is created by 
the National Academy of Sciences or the 
National Academy of Public Administra-
tion. 
‘‘(3) AGENCY.—The term ‘agency’ has the 
meaning given the term in section 551 of this title. 
‘‘(4) PRESIDENTIAL
ADVISORY
COMMITTEE.— 
The term ‘Presidential advisory committee’ means 
an advisory committee that advises the President. 
‘‘§ 1002. Findings and declarations 
‘‘(a) FINDINGS.—Congress finds that there are nu-
merous committees, boards, commissions, councils, and 
similar groups which have been established to advise offi-
cers and agencies in the executive branch of the Federal 
Government and that they are frequently a useful and 
beneficial means of furnishing expert advice, ideas, and 
diverse opinions to the Federal Government. 
‘‘(b) FINDINGS AND DECLARATIONS.—Congress fur-
ther finds and declares that— 
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‘‘(1) the need for many existing advisory com-
mittees has not been adequately reviewed; 
‘‘(2) new advisory committees should be estab-
lished only when they are determined to be essential 
and their number should be kept to the minimum 
necessary; 
‘‘(3) advisory committees should be terminated 
when they are no longer carrying out the purposes 
for which they were established; 
‘‘(4) standards and uniform procedures should 
govern the establishment, operation, administration, 
and duration of advisory committees; 
‘‘(5) Congress and the public should be kept in-
formed with respect to the number, purpose, mem-
bership, activities, and cost of advisory committees; 
and 
‘‘(6) the function of advisory committees should 
be advisory only, and all matters under their consid-
eration should be determined, in accordance with 
law, by the official, agency, or officer involved. 
‘‘§ 1003. Applicability 
‘‘(a) IN GENERAL.—This chapter, and any rule, 
order, or regulation promulgated under this chapter, shall 
apply to each advisory committee except to the extent that 
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the Act establishing the advisory committee specifically 
provides otherwise. 
‘‘(b) EXEMPTIONS RELATING TO CERTAIN FEDERAL 
ENTITIES.—Nothing in this chapter shall be construed to 
apply to an advisory committee established or utilized 
by— 
‘‘(1) the Central Intelligence Agency; 
‘‘(2) the Federal Reserve System; or 
‘‘(3) the Office of the Director of National In-
telligence, if the Director of National Intelligence de-
termines that for reasons of national security the ad-
visory committee cannot comply with the require-
ments of this chapter. 
‘‘(c) EXEMPTIONS RELATING TO CERTAIN LOCAL 
AND STATE ENTITIES.—Nothing in this chapter shall be 
construed to apply to any local civic group whose primary 
function is that of rendering a public service with respect 
to a Federal program, or any State or local committee, 
council, board, commission, or similar group established 
to advise or make recommendations to State or local offi-
cials or agencies. 
‘‘§ 1004. Responsibilities of congressional committees 
‘‘(a) REVIEW OF ACTIVITIES.—In the exercise of its 
legislative review function, each standing committee of the 
Senate and the House of Representatives shall make a 
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continuing review of the activities of each advisory com-
mittee under its jurisdiction to determine whether such 
advisory committee should be abolished or merged with 
any other advisory committee, whether the responsibilities 
of such advisory committee should be revised, and whether 
such advisory committee performs a necessary function 
not already being performed. Each such standing com-
mittee shall take appropriate action to obtain the enact-
ment of legislation necessary to carry out the purpose of 
this subsection. 
‘‘(b) CONSIDERATION OF LEGISLATION.—In consid-
ering legislation establishing, or authorizing the establish-
ment of any advisory committee, each standing committee 
of the Senate and of the House of Representatives shall 
determine, and report such determination to the Senate 
or to the House of Representatives, as the case may be, 
whether the functions of the proposed advisory committee 
are being or could be performed by one or more agencies 
or by an advisory committee already in existence, or by 
enlarging the mandate of an existing advisory committee. 
Any such legislation shall— 
‘‘(1) contain a clearly defined purpose for the 
advisory committee; 
‘‘(2) require the membership of the advisory 
committee to be fairly balanced in terms of the 
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points of view represented and the functions to be 
performed by the advisory committee; 
‘‘(3) contain appropriate provisions to assure 
that the advice and recommendations of the advisory 
committee will not be inappropriately influenced by 
the appointing authority or by any special interest, 
but will instead be the result of the advisory commit-
tee’s independent judgment; 
‘‘(4) contain provisions dealing with authoriza-
tion of appropriations, the date for submission of re-
ports (if any), the duration of the advisory com-
mittee, and the publication of reports and other ma-
terials, to the extent that the standing committee de-
termines the provisions of section 1009 of this chap-
ter to be inadequate; and 
‘‘(5) contain provisions which will assure that 
the advisory committee will have adequate staff (ei-
ther supplied by an agency or employed by it), will 
be provided adequate quarters, and will have funds 
available to meet its other necessary expenses. 
‘‘(c) ADHERENCE TO GUIDELINES.—To the extent 
they are applicable, the guidelines set out in subsection 
(b) shall be followed by the President, agency heads, or 
other Federal officials in creating an advisory committee. 
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‘‘§ 1005. Responsibilities of the President 
‘‘(a) DELEGATION.—The President may delegate re-
sponsibility for evaluating and taking action, where appro-
priate, with respect to all public recommendations made 
to the President by Presidential advisory committees. 
‘‘(b) REPORT
ON
RESPONSE
TO
RECOMMENDA-
TIONS.—Within 1 year after a Presidential advisory com-
mittee submits a public report to the President, the Presi-
dent or the President’s delegate shall submit to Congress 
a report stating either proposals for action or reasons for 
inaction, with respect to the recommendations contained 
in the public report. 
‘‘§ 1006. Responsibilities of the Administrator 
‘‘(a) COMMITTEE MANAGEMENT SECRETARIAT.— 
The Administrator shall establish and maintain within the 
General Services Administration a Committee Manage-
ment Secretariat, which shall be responsible for all mat-
ters relating to advisory committees. 
‘‘(b) ANNUAL REVIEWS.— 
‘‘(1) IN GENERAL.—Each year, the Adminis-
trator shall conduct a comprehensive review of the 
activities and responsibilities of each advisory com-
mittee to determine— 
‘‘(A) whether the committee is carrying out 
its purpose; 
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‘‘(B) whether, consistent with the provi-
sions of applicable statutes, the responsibilities 
assigned to the committee should be revised; 
‘‘(C) whether the committee should be 
merged with other advisory committees; or 
‘‘(D) whether the committee should be 
abolished. 
‘‘(2) OBTAINING INFORMATION.—The Adminis-
trator may from time to time request such informa-
tion as the Administrator deems necessary to carry 
out functions under this subsection. Agency heads 
shall cooperate with the Administrator in making 
the reviews required by this subsection. 
‘‘(3) RECOMMENDATIONS.—Upon completion of 
the review, the Administrator shall make rec-
ommendations to the President and to either the 
agency head or Congress with respect to action the 
Administrator believes should be taken. 
‘‘(c) ADMINISTRATIVE GUIDELINES AND MANAGE-
MENT CONTROLS.—The Administrator shall prescribe ad-
ministrative guidelines and management controls applica-
ble to advisory committees, and, to the maximum extent 
feasible, provide advice, assistance, and guidance to advi-
sory committees to improve their performance. In carrying 
out functions under this subsection, the Administrator 
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shall consider the recommendations of each agency head 
with respect to means of improving the performance of 
advisory committees whose duties are related to the agen-
cy. 
‘‘(d) GUIDELINES FOR UNIFORM FAIR PAY RATES.— 
‘‘(1) IN
GENERAL.—The Administrator, after 
study and consultation with the Director of the Of-
fice of Personnel Management, shall establish guide-
lines with respect to uniform fair rates of pay for 
comparable services of members, staffs, and consult-
ants of advisory committees in a manner that gives 
appropriate recognition to the responsibilities and 
qualifications required and other relevant factors. 
The guidelines shall provide that— 
‘‘(A) a member of an advisory committee 
or of the staff of an advisory committee shall 
not receive compensation at a rate in excess of 
the maximum rate payable under section 5376 
of this title; 
‘‘(B) members of advisory committees, 
while engaged in the performance of their du-
ties away from their homes or regular places of 
business, may be allowed travel expenses, in-
cluding per diem in lieu of subsistence, as au-
thorized by section 5703 of this title for persons 
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employed intermittently in the Government 
service; and 
‘‘(C) members of advisory committees may 
be provided services pursuant to section 3102 of 
this title while in performance of their advisory 
committee duties if the members— 
‘‘(i) are blind or deaf or otherwise 
qualify as individuals with disabilities 
(within the meaning of section 501 of the 
Rehabilitation Act of 1973 (29 U.S.C. 
791)); and 
‘‘(ii) do not otherwise qualify for as-
sistance under section 3102 of this title by 
reason of being an employee of an agency 
(within the meaning of section 3102(a)(1) 
of this title). 
‘‘(2) PAY FOR FULL-TIME EMPLOYEES.—Noth-
ing in this subsection shall prevent an individual 
from receiving compensation at the rate at which the 
individual would otherwise be compensated (or was 
compensated) as a full-time employee of the United 
States if the individual— 
‘‘(A) is a full-time employee of the United 
States without regard to service with an advi-
sory committee; or 
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‘‘(B) was a full-time employee of the 
United States immediately before service with 
an advisory committee. 
‘‘(e) BUDGET RECOMMENDATIONS.—The Adminis-
trator shall include in budget recommendations a sum-
mary of the amounts the Administrator considers nec-
essary for the expenses of advisory committees, including 
the expenses for publication of reports where appropriate. 
‘‘§ 1007. Responsibilities of agency heads 
‘‘(a) ADMINISTRATIVE GUIDELINES AND MANAGE-
MENT CONTROLS.—Each agency head shall establish uni-
form administrative guidelines and management controls 
for advisory committees established by that agency, which 
shall be consistent with directives of the Administrator 
under sections 1006 and 1009 of this title. Each agency 
shall maintain systematic information on the nature, func-
tions, and operations of each advisory committee within 
its jurisdiction. 
‘‘(b) ADVISORY COMMITTEE MANAGEMENT OFFI-
CER.—The head of each agency that has an advisory com-
mittee shall designate an Advisory Committee Manage-
ment Officer who shall— 
‘‘(1) exercise control and supervision over the 
establishment, procedures, and accomplishments of 
advisory committees established by the agency; 
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‘‘(2) assemble and maintain the reports, 
records, and other papers of any advisory committee 
established by the agency during the advisory com-
mittee’s existence; and 
‘‘(3) carry out, on behalf of the agency, the pro-
visions of section 552 of this title with respect to 
such reports, records, and other papers. 
‘‘§ 1008. Establishment and purpose of advisory com-
mittees 
‘‘(a) ESTABLISHMENT.—An advisory committee shall 
not be established unless establishment is— 
‘‘(1) specifically authorized by statute or by the 
President; or 
‘‘(2) determined as a matter of formal record, 
by the head of the agency involved after consultation 
with the Administrator, with timely notice published 
in the Federal Register, to be in the public interest 
in connection with the performance of duties im-
posed on that agency by law. 
‘‘(b) PURPOSE OF ADVISORY COMMITTEES.—Unless 
otherwise specifically provided by statute or Presidential 
directive, advisory committees shall be utilized solely for 
advisory functions. Determinations of action to be taken 
and policy to be expressed with respect to matters upon 
which an advisory committee reports or makes rec-
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ommendations shall be made solely by the President or 
an officer of the Federal Government. 
‘‘(c) ADVISORY COMMITTEE CHARTERS.— 
‘‘(1) GENERAL
REQUIREMENT.—An advisory 
committee shall not meet or take any action until an 
advisory committee charter has been filed— 
‘‘(A) with the Administrator in the case of 
Presidential advisory committees; or 
‘‘(B) with— 
‘‘(i) the head of the agency to whom 
the advisory committee reports; and 
‘‘(ii) the standing committees of the 
Senate and House of Representatives hav-
ing legislative jurisdiction over the agency 
to which the advisory committee reports. 
‘‘(2) CONTENTS
OF
CHARTER.—The advisory 
committee charter shall contain— 
‘‘(A) the committee’s official designation; 
‘‘(B) the committee’s objectives and the 
scope of its activity; 
‘‘(C) the period of time necessary for the 
committee to carry out its purposes; 
‘‘(D) the agency or official to whom the 
committee reports; 
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‘‘(E) the agency responsible for providing 
the necessary support for the committee; 
‘‘(F) a description of the duties for which 
the committee is responsible, and, if the duties 
are not solely advisory, a specification of the 
authority for the duties; 
‘‘(G) the estimated annual operating costs 
for the committee in dollars and person-years; 
‘‘(H) the estimated number and frequency 
of committee meetings; 
‘‘(I) the committee’s termination date, if 
less than 2 years from the date of the commit-
tee’s establishment; and 
‘‘(J) the date the charter is filed. 
‘‘(3) COPY OF CHARTER TO LIBRARY OF CON-
GRESS.—A copy of the advisory committee charter 
shall be furnished to the Library of Congress. 
‘‘§ 1009. Advisory committee procedures 
‘‘(a) COMMITTEE MEETINGS.— 
‘‘(1) OPEN TO PUBLIC.—Each advisory com-
mittee meeting shall be open to the public. 
‘‘(2) NOTICE OF MEETINGS.—Except when the 
President determines otherwise for reasons of na-
tional security, timely notice of each meeting shall be 
published in the Federal Register, and the Adminis-
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trator shall prescribe regulations to provide for other 
types of public notice to insure that all interested 
persons are notified of each meeting in advance. 
‘‘(3) PARTICIPATION.—Interested persons shall 
be permitted to attend, appear before, or file state-
ments with any advisory committee, subject to such 
reasonable rules or regulations as the Administrator 
may prescribe. 
‘‘(b) 
PUBLIC
INSPECTION
AND
COPYING
OF 
RECORDS.—Subject to section 552 of this title, the 
records, reports, transcripts, minutes, appendixes, working 
papers, drafts, studies, agenda, or other documents which 
were made available to or prepared for or by each advisory 
committee shall be available for public inspection and 
copying at a single location in the offices of the advisory 
committee or the agency to which the advisory committee 
reports until the advisory committee ceases to exist. 
‘‘(c) MINUTES.—Detailed minutes of each meeting of 
each advisory committee shall be kept and shall contain 
a record of the persons present, a complete and accurate 
description of matters discussed and conclusions reached, 
and copies of all reports received, issued, or approved by 
the advisory committee. The accuracy of all minutes shall 
be certified by the chairman of the advisory committee. 
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‘‘(d) CLOSED SESSIONS.—Paragraphs (1) and (3) of 
subsection (a) shall not apply to any portion of an advisory 
committee meeting for which the President, or the head 
of the agency to which the advisory committee reports, de-
termines that such portion of the meeting may be closed 
to the public in accordance with section 552b(c) of this 
title. Any such determination shall be in writing and shall 
contain the reasons for the determination. If such a deter-
mination is made, the advisory committee shall issue a re-
port, at least annually, setting forth a summary of its ac-
tivities and such related matters as would be informative 
to the public consistent with the policy of section 552(b) 
of this title. 
‘‘(e) DESIGNATED OFFICER OR EMPLOYEE OF FED-
ERAL GOVERNMENT.—There shall be designated an offi-
cer or employee of the Federal Government to chair or 
attend each meeting of each advisory committee. The offi-
cer or employee so designated is authorized, whenever the 
officer or employee determines it to be in the public inter-
est, to adjourn any such meeting. An advisory committee 
shall not conduct any meeting in the absence of that des-
ignated officer or employee of the Federal Government. 
‘‘(f) CALL FOR MEETING OR ADVANCE APPROVAL.— 
Advisory committees shall not hold any meetings except 
at the call of, or with the advance approval of, a des-
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ignated officer or employee of the Federal Government, 
and in the case of advisory committees (other than Presi-
dential advisory committees), with an agenda approved by 
such officer or employee. 
‘‘§ 1010. Availability of transcripts 
‘‘(a) DEFINITION OF AGENCY PROCEEDING.—In this 
section, the term ‘agency proceeding’ has the meaning 
given the term in section 551 of this title. 
‘‘(b) AVAILABILITY.—Agencies and advisory commit-
tees shall make available to any person, at actual cost of 
duplication, copies of transcripts of any agency proceeding 
or advisory committee meeting. 
‘‘§ 1011. Fiscal and administrative provisions 
‘‘(a) RECORDS.—Each agency shall keep records that 
fully disclose the disposition of any funds which may be 
at the disposal of its advisory committees and the nature 
and extent of their activities. The General Services Admin-
istration, or such other agency as the President may des-
ignate, shall maintain financial records with respect to 
Presidential advisory committees. The Comptroller Gen-
eral of the United States, or any authorized representative 
of the Comptroller General, shall have access to the 
records for the purpose of audit and examination. 
‘‘(b) SUPPORT SERVICES.—Each agency shall be re-
sponsible for providing support services for each advisory 
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committee established by or reporting to it unless the es-
tablishing authority provides otherwise. If an advisory 
committee reports to more than one agency, only one 
agency at a time shall be responsible for support services. 
In the case of Presidential advisory committees, support 
services may be provided by the General Services Adminis-
tration. 
‘‘§ 1012. Responsibilities of Library of Congress 
‘‘Subject to section 552 of this title, the Adminis-
trator shall provide for the filing with the Library of Con-
gress of at least 8 copies of each report made by each 
advisory committee and, where appropriate, background 
papers prepared by consultants. The Librarian of Con-
gress shall establish a depository for the reports and pa-
pers and make them available for public inspection and 
use. 
‘‘§ 1013. Termination of advisory committees 
‘‘(a) IN GENERAL.— 
‘‘(1) ADVISORY COMMITTEES IN EXISTENCE ON 
JANUARY 5, 1973.—Each advisory committee that is 
in existence on January 5, 1973, shall terminate not 
later than the expiration of the 2–year period fol-
lowing that date unless— 
‘‘(A) in the case of an advisory committee 
established by the President or an officer of the 
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Federal Government, such advisory committee 
is renewed by the President or that officer by 
appropriate action prior to the expiration of 
such 2–year period; or 
‘‘(B) in the case of an advisory committee 
established by an Act of Congress, its duration 
is otherwise provided for by law. 
‘‘(2) ADVISORY
COMMITTEES
ESTABLISHED 
AFTER JANUARY 5, 1973.—Each advisory committee 
established after January 5, 1973, shall terminate 
not later than the expiration of the 2–year period 
beginning on the date of its establishment unless— 
‘‘(A) in the case of an advisory committee 
established by the President or an officer of the 
Federal Government such advisory committee is 
renewed by the President or such officer by ap-
propriate action prior to the end of such period; 
or 
‘‘(B) in the case of an advisory committee 
established by an Act of Congress, its duration 
is otherwise provided for by law. 
‘‘(b) CHARTERS.— 
‘‘(1) UPON RENEWAL.—Upon the renewal of an 
advisory committee, the advisory committee shall file 
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a charter in accordance with section 1008(c) of this 
title. 
‘‘(2) UPON EXPIRATION OF SUCCESSIVE 2-YEAR 
PERIODS.—An advisory committee established by an 
Act of Congress shall file a charter in accordance 
with section 1008(c) of this title upon the expiration 
of each successive 2-year period following the date of 
enactment of the Act establishing the advisory com-
mittee. 
‘‘(3) PROHIBITION ON ACTION PRIOR TO FILING 
CHARTER.—An advisory committee required to file a 
charter under this subsection shall not take any ac-
tion (other than preparation and filing of the char-
ter) prior to the date on which the charter is filed. 
‘‘(c) SUCCESSIVE TWO-YEAR PERIODS.—An advisory 
committee that is renewed by the President or an officer 
of the Federal Government may be continued only for suc-
cessive 2-year periods by appropriate action taken by the 
President or the officer prior to the date on which the 
advisory committee would otherwise terminate. 
‘‘§ 1014. Requirements relating to National Academy 
of Sciences and National Academy of 
Public Administration 
‘‘(a) IN GENERAL.—An agency may not use any ad-
vice or recommendation provided by the National Academy 
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of Sciences or National Academy of Public Administration 
that was developed by use of a committee created by that 
academy under an agreement with an agency, unless— 
‘‘(1) the committee was not subject to any ac-
tual management or control by an agency or an offi-
cer of the Federal Government; 
‘‘(2) in the case of a committee created after 
December 17, 1997, the membership of the com-
mittee was appointed in accordance with the require-
ments described in subsection (b)(1); and 
‘‘(3) in developing the advice or recommenda-
tion, the academy complied with— 
‘‘(A) subsection (b)(2) through (6), in the 
case of any advice or recommendation provided 
by the National Academy of Sciences; or 
‘‘(B) subsection (b)(2) and (5), in the case 
of any advice or recommendation provided by 
the National Academy of Public Administration. 
‘‘(b) REQUIREMENTS.—The requirements referred to 
in subsection (a) are as follows: 
‘‘(1) 
PUBLIC
NOTICE
REGARDING
AP-
POINTEES.—The Academy shall determine and pro-
vide public notice of the names and brief biographies 
of individuals that the Academy appoints or intends 
to appoint to serve on the committee. The Academy 
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shall determine and provide a reasonable opportunity 
for the public to comment on appointments before 
they are made or, if the Academy determines prior 
comment is not practicable, in the period imme-
diately following the appointments. The Academy 
shall require that any individual the Academy ap-
points (or intends to appoint) to serve on the com-
mittee inform the Academy of the individual’s con-
flicts of interest that are relevant to the functions to 
be performed. The Academy shall make its best ef-
forts to ensure that— 
‘‘(A) no individual appointed to serve on 
the committee has a conflict of interest that is 
relevant to the functions to be performed, un-
less such conflict is promptly and publicly dis-
closed and the Academy determines that the 
conflict is unavoidable; 
‘‘(B) the committee membership is fairly 
balanced as determined by the Academy to be 
appropriate for the functions to be performed; 
and 
‘‘(C) the final report of the Academy will 
be the result of the Academy’s independent 
judgment. 
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‘‘(2) PUBLIC
NOTICE
OF
COMMITTEE
MEET-
INGS.—The Academy shall determine and provide 
public notice of committee meetings that will be 
open to the public. 
‘‘(3) DATA-GATHERING MEETINGS.—The Acad-
emy shall ensure that meetings of the committee to 
gather data from individuals who are not officials, 
agents, or employees of the Academy are open to the 
public, unless the Academy determines that a meet-
ing would disclose matters described in section 
552(b) of this title. The Academy shall make avail-
able to the public, at reasonable charge if appro-
priate, written materials presented to the committee 
by individuals who are not officials, agents, or em-
ployees of the Academy, unless the Academy deter-
mines that making material available would disclose 
matters described in section 552(b) of this title. 
‘‘(4) OTHER
MEETINGS.—The Academy shall 
make available to the public as soon as practicable, 
at reasonable charge if appropriate, a brief summary 
of any committee meeting that is not a data-gath-
ering meeting, unless the Academy determines that 
the summary would disclose matters described in 
section 552(b) of this title. The summary shall iden-
tify the committee members present, the topics dis-
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cussed, materials made available to the committee, 
and other matters the Academy determines should 
be included. 
‘‘(5) FINAL REPORT.—The Academy shall make 
available to the public its final report, at reasonable 
charge if appropriate, unless the Academy deter-
mines that the report would disclose matters de-
scribed in section 552(b) of this title. If the Acad-
emy determines that the report would disclose mat-
ters described in section 552(b) of this title, the 
Academy shall make public an abbreviated version of 
the report that does not disclose those matters. 
‘‘(6) REVIEWERS OF REPORT.—After publica-
tion of the final report, the Academy shall make 
publicly available the names of the principal review-
ers who reviewed the report in draft form and who 
are not officials, agents, or employees of the Acad-
emy. 
‘‘(c) REGULATIONS.—The Administrator of General 
Services may issue regulations implementing this sec-
tion.’’. 
(b) ENACTMENT OF CHAPTER 4.—Part I of title 5, 
United States Code, as amended by subsection (a), is 
amended by inserting after chapter 3 the following: 
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‘‘CHAPTER 4—INSPECTORS GENERAL 
‘‘Sec. 
‘‘401. Definitions. 
‘‘402. Establishment and purpose of Offices of Inspector General. 
‘‘403. Appointments. 
‘‘404. Duties and responsibilities. 
‘‘405. Reports. 
‘‘406. Authority of Inspector General. 
‘‘407. Complaints by employees. 
‘‘408. Additional provisions with respect to the Inspector General of the Depart-
ment of Defense. 
‘‘409. Special provisions concerning the Agency for International Development. 
‘‘410. Special provisions concerning the Nuclear Regulatory Commission. 
‘‘411. Special provisions concerning the Federal Deposit Insurance Corporation. 
‘‘412. Special provisions concerning the Department of the Treasury. 
‘‘413. Special provisions concerning the Department of Justice. 
‘‘414. Special provisions concerning the Corporation for National and Commu-
nity Service. 
‘‘415. Requirements for Federal entities and designated Federal entities. 
‘‘416. Additional provisions with respect to Inspectors General of the intelligence 
community. 
‘‘417. Special provisions concerning the Department of Homeland Security. 
‘‘418. Rule of construction of special provisions. 
‘‘419. Special provisions concerning overseas contingency operations. 
‘‘420. Information on websites of Offices of Inspectors General. 
‘‘421. Additional provisions with respect to the Department of Energy. 
‘‘422. Transfer of functions. 
‘‘423. Pay of Inspectors General. 
‘‘424. Establishment of the Council of the Inspectors General on Integrity and 
Efficiency. 
‘‘§ 401. Definitions 
‘‘In this chapter: 
‘‘(1) ESTABLISHMENT.—The term ‘establish-
ment’ means the Department of Agriculture, Com-
merce, Defense, Education, Energy, Health and 
Human Services, Housing and Urban Development, 
the Interior, Justice, Labor, State, Transportation, 
Homeland Security, the Treasury, or Veterans Af-
fairs; the Agency for International Development, the 
Community 
Development 
Financial 
Institutions 
Fund, the Environmental Protection Agency, the 
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Federal Communications Commission, the Federal 
Emergency Management Agency, the General Serv-
ices Administration, the National Aeronautics and 
Space Administration, the Nuclear Regulatory Com-
mission, the Office of Personnel Management, the 
Railroad Retirement Board, the Federal Deposit In-
surance Corporation, the Small Business Adminis-
tration, the Corporation for National and Commu-
nity Service, the Social Security Administration, the 
Federal Housing Finance Agency, the Tennessee 
Valley Authority, the Export-Import Bank of the 
United States, the Commissions established under 
section 15301 of title 40, the National Security 
Agency, or the National Reconnaissance Office, as 
the case may be. 
‘‘(2) FEDERAL
AGENCY.—The term ‘Federal 
agency’ means an agency as defined in section 
552(f) of this title (including an establishment as 
defined in paragraph (1)), but shall not be construed 
to include the Government Accountability Office. 
‘‘(3) HEAD
OF
THE
ESTABLISHMENT.—The 
term ‘head of the establishment’ means the Sec-
retary of Agriculture, Commerce, Defense, Edu-
cation, Energy, Health and Human Services, Hous-
ing and Urban Development, the Interior, Labor, 
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State, Transportation, Homeland Security, the 
Treasury, or Veterans Affairs; the Attorney General; 
the Administrator of the Agency for International 
Development, Environmental Protection, General 
Services, National Aeronautics and Space, Small 
Business, or the Federal Emergency Management 
Agency; the Director of the Office of Personnel 
Management; the Chairman of the Nuclear Regu-
latory Commission, the Federal Communications 
Commission, or the Railroad Retirement Board; the 
Chief Executive Officer of the Corporation for Na-
tional and Community Service; the Administrator of 
the Community Development Financial Institutions 
Fund; the Chairperson of the Federal Deposit Insur-
ance Corporation; the Commissioner of Social Secu-
rity, Social Security Administration; the Director of 
the Federal Housing Finance Agency; the Board of 
Directors of the Tennessee Valley Authority; the 
President of the Export-Import Bank of the United 
States; the Federal Cochairpersons of the Commis-
sions established under section 15301 of title 40; the 
Director of the National Security Agency; or the Di-
rector of the National Reconnaissance Office; as the 
case may be. 
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‘‘(4) INSPECTOR GENERAL.—The term ‘Inspec-
tor General’ means the Inspector General of an es-
tablishment. 
‘‘(5) OFFICE.—The term ‘Office’ means the Of-
fice of Inspector General of an establishment. 
‘‘§ 402. Establishment and purpose of Offices of In-
spector General 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
in each of the establishments listed in section 401(1) 
of this title, there is established an Office of Inspec-
tor General. 
‘‘(2) DEPARTMENT OF THE TREASURY.—In the 
establishment of the Department of the Treasury, 
there is established— 
‘‘(A) an Office of Inspector General of the 
Department of the Treasury; and 
‘‘(B) an Office of Treasury Inspector Gen-
eral for Tax Administration. 
‘‘(b) PURPOSE.—The offices established under sub-
section (a) are established in order to create independent 
and objective units— 
‘‘(1) to conduct and supervise audits and inves-
tigations relating to the programs and operations of 
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the establishments listed in section 401(1) of this 
title; 
‘‘(2) to provide leadership and coordination and 
recommend policies for activities designed— 
‘‘(A) to promote economy, efficiency, and 
effectiveness in the administration of those pro-
grams and operations; and 
‘‘(B) to prevent and detect fraud and 
abuse in those programs and operations; and 
‘‘(3) to provide a means for keeping the head 
of the establishments and Congress fully and cur-
rently informed about problems and deficiencies re-
lating to the administration of those programs and 
operations and the necessity for and progress of cor-
rective action. 
‘‘§ 403. Appointments 
‘‘(a) IN GENERAL.—There shall be at the head of 
each Office an Inspector General who shall be appointed 
by the President, by and with the advice and consent of 
the Senate, without regard to political affiliation and sole-
ly on the basis of integrity and demonstrated ability in 
accounting, auditing, financial analysis, law, management 
analysis, public administration, or investigations. Each In-
spector General shall report to and be under the general 
supervision of the head of the establishment involved or, 
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to the extent such authority is delegated, the officer next 
in rank below such head, but shall not report to, or be 
subject to supervision by, any other officer of the estab-
lishment. Neither the head of the establishment nor the 
officer next in rank below the head shall prevent or pro-
hibit the Inspector General from initiating, carrying out, 
or completing any audit or investigation, or from issuing 
any subpoena during the course of any audit or investiga-
tion. 
‘‘(b) REMOVAL OR TRANSFER.—An Inspector Gen-
eral may be removed from office by the President. If an 
Inspector General is removed from office or is transferred 
to another position or location within an establishment, 
the President shall communicate in writing the reasons for 
any such removal or transfer to both Houses of Congress, 
not later than 30 days before the removal or transfer. 
Nothing in this subsection shall prohibit a personnel ac-
tion otherwise authorized by law, other than transfer or 
removal. 
‘‘(c) NOT EMPLOYEE DETERMINING POLICY.—For 
the purposes of section 7324 of this title, an Inspector 
General shall not be considered to be an employee who 
determines policies to be pursued by the United States in 
the nationwide administration of Federal laws. 
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‘‘(d) ASSISTANT INSPECTORS GENERAL AND WHIS-
TLEBLOWER PROTECTION COORDINATOR.— 
‘‘(1) IN
GENERAL.—Each Inspector General 
shall, in accordance with applicable laws and regula-
tions governing the civil service— 
‘‘(A) appoint an Assistant Inspector Gen-
eral for Auditing who shall have the responsi-
bility for supervising the performance of audit-
ing activities relating to programs and oper-
ations of the establishment; 
‘‘(B) appoint an Assistant Inspector Gen-
eral for Investigations who shall have the re-
sponsibility for supervising the performance of 
investigative activities relating to such pro-
grams and operations; and 
‘‘(C) designate a Whistleblower Protection 
Coordinator who shall— 
‘‘(i) educate agency employees— 
‘‘(I) about prohibitions against 
retaliation for protected disclosures; 
and 
‘‘(II) who have made or are con-
templating making a protected disclo-
sure about the rights and remedies 
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against retaliation for protected dis-
closures, including— 
‘‘(aa) the means by which 
employees may seek review of 
any allegation of reprisal, includ-
ing the roles of the Office of the 
Inspector General, the Office of 
Special Counsel, the Merit Sys-
tems Protection Board, and any 
other relevant entities; and 
‘‘(bb) general information 
about the timeliness of such 
cases, the availability of any al-
ternative 
dispute 
mechanisms, 
and avenues for potential relief; 
‘‘(ii) assist the Inspector General in 
promoting the timely and appropriate han-
dling and consideration of protected disclo-
sures and allegations of reprisal, to the ex-
tent practicable, by the Inspector General; 
and 
‘‘(iii) assist the Inspector General in 
facilitating communication and coordina-
tion with the Special Counsel, the Council 
of the Inspectors General on Integrity and 
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Efficiency, the establishment, Congress, 
and any other relevant entity regarding the 
timely and appropriate handling and con-
sideration of protected disclosures, allega-
tions of reprisal, and general matters re-
garding the implementation and adminis-
tration of whistleblower protection laws, 
rules, and regulations. 
‘‘(2) WHISTLEBLOWER
PROTECTION
COORDI-
NATOR NOT TO ACT AS LEGAL REPRESENTATIVE, 
AGENT, OR ADVOCATE.—The Whistleblower Protec-
tion Coordinator shall not act as a legal representa-
tive, agent, or advocate of the employee or former 
employee. 
‘‘(3) WHISTLEBLOWER
PROTECTION
COORDI-
NATOR
ACCESS
TO
INSPECTOR
GENERAL.—The 
Whistleblower Protection Coordinator shall have di-
rect access to the Inspector General as needed to ac-
complish the requirements of this subsection. 
‘‘(4) WHISTLEBLOWER
PROTECTION
COORDI-
NATOR EXCEPTION FOR INTELLIGENCE ACTIVITY.— 
For the purposes of this section, the requirement of 
the designation of a Whistleblower Protection Coor-
dinator under paragraph (1)(C) shall not apply to— 
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‘‘(A) any agency that is an element of the 
intelligence community (as defined in section 
3(4) of the National Security Act of 1947 (50 
U.S.C. 3003(4))); or 
‘‘(B) as determined by the President, any 
executive agency or unit thereof the principal 
function of which is the conduct of foreign in-
telligence or counter intelligence activities. 
‘‘(e) RATE OF PAY.—The annual rate of basic pay 
for an Inspector General (as defined under section 401 
of this title) shall be the rate payable for level III of the 
Executive Schedule under section 5314 of this title, plus 
3 percent. 
‘‘(f) PROHIBITION ON CASH AWARDS.—An Inspector 
General (as defined under section 401 or 415(a) of this 
title) may not receive any cash award or cash bonus, in-
cluding any cash award under chapter 45 of this title. 
‘‘(g) LEGAL ADVICE.—Each Inspector General shall, 
in accordance with applicable laws and regulations gov-
erning the civil service, obtain legal advice from a counsel 
either reporting directly to the Inspector General or an-
other Inspector General. 
‘‘§ 404. Duties and responsibilities 
‘‘(a) IN GENERAL.—It shall be the duty and responsi-
bility of each Inspector General, with respect to the estab-
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lishment within which the Inspector General’s Office is es-
tablished— 
‘‘(1) to provide policy direction for and to con-
duct, supervise, and coordinate audits and investiga-
tions relating to the programs and operations of the 
establishment; 
‘‘(2) to review existing and proposed legislation 
and regulations relating to programs and operations 
of the establishment and to make recommendations 
in the semiannual reports required by section 405(b) 
of this title concerning the impact of the legislation 
and regulations on the economy and efficiency in the 
administration of programs and operations adminis-
tered or financed by the establishment, or the pre-
vention and detection of fraud and abuse in the pro-
grams and operations; 
‘‘(3) to recommend policies for, and to conduct, 
supervise, or coordinate other activities carried out 
or financed by, the establishment for the purpose of 
promoting economy and efficiency in the administra-
tion of, or preventing and detecting fraud and abuse 
in, its programs and operations; 
‘‘(4) to recommend policies for the establish-
ment, and to conduct, supervise, or coordinate rela-
tionships between the establishment and other Fed-
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eral agencies, State and local governmental agencies, 
and nongovernmental entities, with respect to— 
‘‘(A) all matters relating to the promotion 
of economy and efficiency in the administration 
of, or the prevention and detection of fraud and 
abuse in, programs and operations administered 
or financed by the establishment; or 
‘‘(B) the identification and prosecution of 
participants in fraud or abuse referred to in 
subparagraph (A); and 
‘‘(5) to keep the head of the establishment and 
Congress fully and currently informed, by means of 
the reports required by section 405 of this title and 
otherwise, concerning fraud and other serious prob-
lems, abuses, and deficiencies relating to the admin-
istration of programs and operations administered or 
financed by the establishment, to recommend correc-
tive action concerning the problems, abuses, and de-
ficiencies, and to report on the progress made in im-
plementing the corrective action. 
‘‘(b) STANDARDS AND GUIDELINES.— 
‘‘(1) IN GENERAL.—In carrying out the respon-
sibilities specified in subsection (a)(1), each Inspec-
tor General shall— 
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‘‘(A) comply with standards established by 
the Comptroller General of the United States 
for audits of Federal establishments, organiza-
tions, programs, activities, and functions; 
‘‘(B) establish guidelines for determining 
when it shall be appropriate to use non-Federal 
auditors; and 
‘‘(C) take appropriate steps to ensure that 
any work performed by non-Federal auditors 
complies with the standards established by the 
Comptroller General as described in paragraph 
(1). 
‘‘(2) REVIEWS
PERFORMED
EXCLUSIVELY
BY 
AUDIT ENTITIES IN FEDERAL GOVERNMENT.—For 
purposes of determining compliance with paragraph 
(1)(A) with respect to whether internal quality con-
trols are in place and operating and whether estab-
lished audit standards, policies, and procedures are 
being followed by Offices of Inspector General of es-
tablishments defined under section 401 of this title, 
Offices of Inspector General of designated Federal 
entities defined under section 415(a) of this title, 
and any audit office established within a Federal en-
tity defined under section 415(a) of this title, re-
views shall be performed exclusively by an audit en-
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tity in the Federal Government, including the Gov-
ernment Accountability Office or the Office of In-
spector General of each establishment defined under 
section 401 of this title, or the Office of Inspector 
General of each designated Federal entity defined 
under section 415(a) of this title. 
‘‘(c) EFFECTIVE
COORDINATION
AND
COOPERA-
TION.—In carrying out the duties and responsibilities es-
tablished under this chapter, each Inspector General shall 
give particular regard to the activities of the Comptroller 
General of the United States with a view toward avoiding 
duplication and ensuring effective coordination and co-
operation. 
‘‘(d) REPORTING VIOLATION OF FEDERAL CRIMINAL 
LAW.—In carrying out the duties and responsibilities es-
tablished under this chapter, each Inspector General shall 
report expeditiously to the Attorney General whenever the 
Inspector General has reasonable grounds to believe there 
has been a violation of Federal criminal law. 
‘‘(e) RECOMMENDATIONS
FOR
CORRECTIVE
AC-
TIONS.— 
‘‘(1) SUBMISSION OF DOCUMENTS.—In carrying 
out the duties and responsibilities established under 
this chapter, whenever an Inspector General issues 
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a recommendation for corrective action to the agen-
cy, the Inspector General— 
‘‘(A) shall submit the document making a 
recommendation for corrective action to— 
‘‘(i) the head of the establishment; 
‘‘(ii) the congressional committees of 
jurisdiction; and 
‘‘(iii) if the recommendation for cor-
rective action was initiated upon request 
by an individual or entity other than the 
Inspector General, that individual or enti-
ty; 
‘‘(B) may submit the document making a 
recommendation for corrective action to any 
Member of Congress upon request; and 
‘‘(C) not later than 3 days after the rec-
ommendation for corrective action is submitted 
in final form to the head of the establishment, 
post the document making a recommendation 
for corrective action on the website of the Office 
of Inspector General. 
‘‘(2) PUBLIC DISCLOSURE OTHERWISE PROHIB-
ITED BY LAW.—Nothing in this subsection shall be 
construed as authorizing an Inspector General to 
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publicly disclose information otherwise prohibited 
from disclosure by law. 
‘‘§ 405. Reports 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) DISALLOWED COST.—The term ‘disallowed 
cost’ means a questioned cost that management, in 
a management decision, has sustained or agreed 
should not be charged to the Government. 
‘‘(2) FINAL ACTION.—The term ‘final action’ 
means— 
‘‘(A) the completion of all actions that the 
management of an establishment has concluded, 
in its management decision, are necessary with 
respect to the findings and recommendations in-
cluded in an audit report; and 
‘‘(B) in the event that the management of 
an establishment concludes no action is nec-
essary, final action occurs when a management 
decision has been made. 
‘‘(3) 
MANAGEMENT
DECISION.—The 
term 
‘management decision’ means the evaluation by the 
management of an establishment of the findings and 
recommendations included in an audit report and 
the issuance of a final decision by management con-
cerning its response to the findings and rec-
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ommendations, including actions concluded to be 
necessary. 
‘‘(4) QUESTIONED COST.—The term ‘questioned 
cost’ means a cost that is questioned by the Office 
because of— 
‘‘(A) an alleged violation of a provision of 
a law, regulation, contract, grant, cooperative 
agreement, or other agreement or document 
governing the expenditure of funds; 
‘‘(B) a finding that, at the time of the 
audit, the cost is not supported by adequate 
documentation; or 
‘‘(C) a finding that the expenditure of 
funds for the intended purpose is unnecessary 
or unreasonable. 
‘‘(5) RECOMMENDATION THAT FUNDS BE PUT 
TO BETTER USE.—The term ‘recommendation that 
funds be put to better use’ means a recommendation 
by the Office that funds could be used more effi-
ciently if management of an establishment took ac-
tions to implement and complete the recommenda-
tion, including— 
‘‘(A) reductions in outlays; 
‘‘(B) deobligation of funds from programs 
or operations; 
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‘‘(C) withdrawal of interest subsidy costs 
on loans or loan guarantees, insurance, or 
bonds; 
‘‘(D) costs not incurred by implementing 
recommended improvements related to the oper-
ations of the establishment, a contractor, or 
grantee; 
‘‘(E) avoidance of unnecessary expendi-
tures noted in preaward reviews of contract or 
grant agreements; or 
‘‘(F) any other savings which are specifi-
cally identified. 
‘‘(6) SENIOR
GOVERNMENT
EMPLOYEE.—The 
term ‘senior Government employee’ means— 
‘‘(A) an officer or employee in the execu-
tive branch (including a special Government 
employee as defined in section 202 of title 18) 
who occupies a position classified at or above 
GS–15 of the General Schedule or, in the case 
of positions not under the General Schedule, for 
which the rate of basic pay is equal to or great-
er than 120 percent of the minimum rate of 
basic pay payable for GS–15 of the General 
Schedule; and 
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‘‘(B) any commissioned officer in the 
Armed Forces in pay grades O–6 and above. 
‘‘(7) UNSUPPORTED COST.—The term ‘unsup-
ported cost’ means a cost that is questioned by the 
Office because the Office found that, at the time of 
the audit, such cost is not supported by adequate 
documentation. 
‘‘(b) SEMIANNUAL REPORTS.—Each Inspector Gen-
eral shall, not later than April 30 and October 31 of each 
year, prepare semiannual reports summarizing the activi-
ties of the Office during the immediately preceding 6- 
month periods ending March 31 and September 30. The 
reports shall include, but need not be limited to— 
‘‘(1) a description of significant problems, 
abuses, and deficiencies relating to the administra-
tion of programs and operations of such establish-
ment disclosed by such activities during the report-
ing period; 
‘‘(2) a description of the recommendations for 
corrective action made by the Office during the re-
porting period with respect to significant problems, 
abuses, or deficiencies identified pursuant to para-
graph (1); 
‘‘(3) an identification of each significant rec-
ommendation described in previous semiannual re-
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ports on which corrective action has not been com-
pleted; 
‘‘(4) a summary of matters referred to prose-
cutive authorities and the prosecutions and convic-
tions which have resulted; 
‘‘(5) a summary of each report made to the 
head of the establishment under section 406(c)(2) of 
this title during the reporting period; 
‘‘(6) a listing, subdivided according to subject 
matter, of each audit report, inspection report, and 
evaluation report issued by the Office during the re-
porting period and for each report, where applicable, 
the total dollar value of questioned costs (including 
a separate category for the dollar value of unsup-
ported costs) and the dollar value of recommenda-
tions that funds be put to better use; 
‘‘(7) a summary of each particularly significant 
report; 
‘‘(8) statistical tables showing the total number 
of audit reports, inspection reports, and evaluation 
reports and the total dollar value of questioned costs 
(including a separate category for the dollar value of 
unsupported costs), for reports— 
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‘‘(A) for which no management decision 
had been made by the commencement of the re-
porting period; 
‘‘(B) which were issued during the report-
ing period; 
‘‘(C) for which a management decision was 
made during the reporting period, including— 
‘‘(i) the dollar value of disallowed 
costs; and 
‘‘(ii) the dollar value of costs not dis-
allowed; and 
‘‘(D) for which no management decision 
has been made by the end of the reporting pe-
riod; 
‘‘(9) statistical tables showing the total number 
of audit reports, inspection reports, and evaluation 
reports and the dollar value of recommendations 
that funds be put to better use by management, for 
reports— 
‘‘(A) for which no management decision 
had been made by the commencement of the re-
porting period; 
‘‘(B) which were issued during the report-
ing period; 
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‘‘(C) for which a management decision was 
made during the reporting period, including— 
‘‘(i) the dollar value of recommenda-
tions that were agreed to by management; 
and 
‘‘(ii) the dollar value of recommenda-
tions that were not agreed to by manage-
ment; and 
‘‘(D) for which no management decision 
has been made by the end of the reporting pe-
riod; 
‘‘(10) a summary of each audit report, inspec-
tion report, and evaluation report issued before the 
commencement of the reporting period— 
‘‘(A) for which no management decision 
has been made by the end of the reporting pe-
riod (including the date and title of each such 
report), an explanation of the reasons such 
management decision has not been made, and a 
statement concerning the desired timetable for 
achieving a management decision on each such 
report; 
‘‘(B) for which no establishment comment 
was returned within 60 days of providing the 
report to the establishment; and 
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‘‘(C) for which there are any outstanding 
unimplemented recommendations, including the 
aggregate potential cost savings of those rec-
ommendations; 
‘‘(11) a description and explanation of the rea-
sons for any significant revised management decision 
made during the reporting period; 
‘‘(12) information concerning any significant 
management decision with which the Inspector Gen-
eral is in disagreement; 
‘‘(13) the information described under section 
804(b) of the Federal Financial Management Im-
provement Act of 1996 (Public Law 104–208, 
§101(f) [title VIII], 31 U.S.C. 3512 note); 
‘‘(14)(A) an appendix containing the results of 
any peer review conducted by another Office of In-
spector General during the reporting period; or 
‘‘(B) if no peer review was conducted within 
that reporting period, a statement identifying the 
date of the last peer review conducted by another 
Office of Inspector General; 
‘‘(15) a list of any outstanding recommenda-
tions from any peer review conducted by another Of-
fice of Inspector General that have not been fully 
implemented, including a statement describing the 
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status of the implementation and why implementa-
tion is not complete; 
‘‘(16) a list of any peer reviews conducted by 
the Inspector General of another Office of the In-
spector General during the reporting period, includ-
ing a list of any outstanding recommendations made 
from any previous peer review (including any peer 
review conducted before the reporting period) that 
remain outstanding or have not been fully imple-
mented; 
‘‘(17) statistical tables showing— 
‘‘(A) the total number of investigative re-
ports issued during the reporting period; 
‘‘(B) the total number of persons referred 
to the Department of Justice for criminal pros-
ecution during the reporting period; 
‘‘(C) the total number of persons referred 
to State and local prosecuting authorities for 
criminal prosecution during the reporting pe-
riod; and 
‘‘(D) the total number of indictments and 
criminal informations during the reporting pe-
riod that resulted from any prior referral to 
prosecuting authorities; 
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‘‘(18) a description of the metrics used for de-
veloping the data for the statistical tables under 
paragraph (17); 
‘‘(19) a report on each investigation conducted 
by the Office involving a senior Government em-
ployee where allegations of misconduct were substan-
tiated, including the name of the senior government 
official (as defined by the department or agency) if 
already made public by the Office, and a detailed de-
scription of— 
‘‘(A) the facts and circumstances of the in-
vestigation; and 
‘‘(B) the status and disposition of the mat-
ter, including— 
‘‘(i) if the matter was referred to the 
Department of Justice, the date of the re-
ferral; and 
‘‘(ii) if the Department of Justice de-
clined the referral, the date of the declina-
tion; 
‘‘(20)(A) a detailed description of any instance 
of whistleblower retaliation, including information 
about the official found to have engaged in retalia-
tion; and 
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‘‘(B) what, if any, consequences the establish-
ment actually imposed to hold the official described 
in subparagraph (A) accountable; 
‘‘(21) a detailed description of any attempt by 
the establishment to interfere with the independence 
of the Office, including— 
‘‘(A) with budget constraints designed to 
limit the capabilities of the Office; and 
‘‘(B) incidents where the establishment has 
resisted or objected to oversight activities of the 
Office or restricted or significantly delayed ac-
cess to information, including the justification 
of the establishment for such action; and 
‘‘(22) detailed descriptions of the particular cir-
cumstances of each— 
‘‘(A) inspection, evaluation, and audit con-
ducted by the Office that is closed and was not 
disclosed to the public; and 
‘‘(B) investigation conducted by the Office 
involving a senior Government employee that is 
closed and was not disclosed to the public. 
‘‘(c) FURNISHING SEMIANNUAL REPORTS TO HEAD 
OF ESTABLISHMENT
AND CONGRESS.—Semiannual re-
ports of each Inspector General shall be furnished to the 
head of the establishment involved not later than April 30 
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and October 31 of each year and shall be transmitted by 
the head of the establishment to the appropriate commit-
tees or subcommittees of the Congress within 30 days 
after receipt of the report, together with a report by the 
head of the establishment containing— 
‘‘(1) any comments the head of the establish-
ment determines appropriate; 
‘‘(2) statistical tables showing the total number 
of audit reports, inspection reports, and evaluation 
reports and the dollar value of disallowed costs, for 
reports— 
‘‘(A) for which final action had not been 
taken by the commencement of the reporting 
period; 
‘‘(B) on which management decisions were 
made during the reporting period; 
‘‘(C) for which final action was taken dur-
ing the reporting period, including— 
‘‘(i) the dollar value of disallowed 
costs that were recovered by management 
through collection, offset, property in lieu 
of cash, or otherwise; and 
‘‘(ii) the dollar value of disallowed 
costs that were written off by manage-
ment; and 
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‘‘(D) for which no final action has been 
taken by the end of the reporting period; 
‘‘(3) statistical tables showing the total number 
of audit reports, inspection reports, and evaluation 
reports and the dollar value of recommendations 
that funds be put to better use by management 
agreed to in a management decision, for reports— 
‘‘(A) for which final action had not been 
taken by the commencement of the reporting 
period; 
‘‘(B) on which management decisions were 
made during the reporting period; 
‘‘(C) for which final action was taken dur-
ing the reporting period, including— 
‘‘(i) the dollar value of recommenda-
tions that were actually completed; and 
‘‘(ii) the dollar value of recommenda-
tions that management has subsequently 
concluded should not or could not be im-
plemented or completed; and 
‘‘(D) for which no final action has been 
taken by the end of the reporting period; 
‘‘(4) whether the establishment entered into a 
settlement agreement with the official described in 
subsection (b)(20)(A), which shall be reported re-
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gardless of any confidentiality agreement relating to 
the settlement agreement; and 
‘‘(5) a statement with respect to audit reports 
on which management decisions have been made but 
final action has not been taken, other than audit re-
ports on which a management decision was made 
within the preceding year, containing— 
‘‘(A) a list of such audit reports and the 
date each such report was issued; 
‘‘(B) the dollar value of disallowed costs 
for each report; 
‘‘(C) the dollar value of recommendations 
that funds be put to better use agreed to by 
management for each report; and 
‘‘(D) an explanation of the reasons final 
action has not been taken with respect to each 
audit report; 
except that the statement may exclude any audit re-
ports that are under formal administrative or judi-
cial appeal or upon which management of an estab-
lishment has agreed to pursue a legislative solution, 
but the statement shall identify the number of re-
ports in each category so excluded. 
‘‘(d) REPORTS AVAILABLE TO PUBLIC.—Within 60 
days of the transmission of the semiannual reports of each 
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Inspector General to Congress, the head of each establish-
ment shall make copies of the report available to the public 
upon request and at a reasonable cost. Within 60 days 
after the transmission of the semiannual reports of each 
establishment head to Congress, the head of each estab-
lishment shall make copies of the report available to the 
public upon request and at a reasonable cost. 
‘‘(e) REPORTING SERIOUS PROBLEMS, ABUSES, OR 
DEFICIENCIES.—Each Inspector General shall report im-
mediately to the head of the establishment involved when-
ever the Inspector General becomes aware of particularly 
serious or flagrant problems, abuses, or deficiencies relat-
ing to the administration of programs and operations of 
the establishment. The head of the establishment shall 
transmit any such report to the appropriate committees 
or subcommittees of Congress within 7 calendar days, to-
gether with a report by the head of the establishment con-
taining any comments the establishment head deems ap-
propriate. 
‘‘(f) LIMITATION ON PUBLIC DISCLOSURE OF INFOR-
MATION.— 
‘‘(1) IN
GENERAL.—Nothing in this section 
shall be construed to authorize the public disclosure 
of information that is— 
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‘‘(A) specifically prohibited from disclosure 
by any other provision of law; 
‘‘(B) specifically required by Executive 
order to be protected from disclosure in the in-
terest of national defense or national security or 
in the conduct of foreign affairs; or 
‘‘(C) a part of an ongoing criminal inves-
tigation. 
‘‘(2) CRIMINAL
INVESTIGATION
INFORMATION 
IN
PUBLIC
RECORDS.—Notwithstanding paragraph 
(1)(C), any report under this section may be dis-
closed to the public in a form which includes infor-
mation with respect to a part of an ongoing criminal 
investigation if such information has been included 
in a public record. 
‘‘(3) NO AUTHORIZATION TO WITHHOLD INFOR-
MATION FROM CONGRESS.—Except to the extent and 
in the manner provided under section 6103(f) of the 
Internal Revenue Code of 1986 (26 U.S.C. 6103(f)), 
nothing in this section or in any other provision of 
this chapter shall be construed to authorize or per-
mit the withholding of information from Congress, 
or from any committee or subcommittee of Congress. 
‘‘(4) PROVISION OF INFORMATION TO MEMBERS 
OF CONGRESS.—Subject to any other provision of 
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law that would otherwise prohibit disclosure of such 
information, the information described in paragraph 
(1) may be provided to any Member of Congress 
upon request. 
‘‘(5) PROTECTION OF PERSONALLY IDENTIFI-
ABLE INFORMATION OF WHISTLEBLOWERS.—An Of-
fice may not provide to Congress or the public any 
information that reveals the personally identifiable 
information of a whistleblower under this section un-
less the Office first obtains the consent of the whis-
tleblower. 
‘‘§ 406. Authority of Inspector General 
‘‘(a) IN GENERAL.—In addition to the authority oth-
erwise provided by this chapter, each Inspector General, 
in carrying out the provisions of this chapter, is author-
ized— 
‘‘(1)(A) to have timely access to all records, re-
ports, audits, reviews, documents, papers, rec-
ommendations, or other materials available to the 
applicable establishment which relate to the pro-
grams and operations with respect to which that In-
spector General has responsibilities under this chap-
ter; 
‘‘(B) to have access under subparagraph (A) 
notwithstanding any other provision of law, except 
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pursuant to any provision of law enacted by Con-
gress 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 me-
dium (including electronically stored information), as 
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well as any tangible thing and documentary evidence 
necessary in the performance of the functions as-
signed by this chapter, which subpoena, in the case 
of contumacy or refusal to obey, shall be enforceable 
by order of any appropriate United States district 
court, but procedures other than subpoenas 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 nec-
essary in the performance of the functions assigned 
by this chapter, which oath, affirmation, or affidavit 
when administered or taken by or before an em-
ployee of an Office of Inspector General designated 
by the Inspector General shall have the same force 
and effect as if administered or taken by or before 
an officer having a seal; 
‘‘(6) to have direct and prompt access to the 
head of the establishment involved when necessary 
for any purpose pertaining to the performance of 
functions and responsibilities under this chapter; 
‘‘(7) to select, appoint, and employ such officers 
and employees as may be necessary for carrying out 
the functions, powers, and duties of the Office sub-
ject to the provisions of this title, governing appoint-
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ments in the competitive service, and the provisions 
of chapter 51 and subchapter III of chapter 53 of 
this title relating to classification and General 
Schedule pay rates; 
‘‘(8) to obtain services as authorized by section 
3109 of this title, at daily rates not to exceed 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 arrangements for au-
dits, 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 pro-
visions of this chapter. 
‘‘(b) PUBLIC DISCLOSURE OTHERWISE PROHIBITED 
BY LAW.—Nothing in this section shall be construed as 
authorizing an Inspector General to publicly disclose infor-
mation otherwise prohibited 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 Fed-
eral agency involved shall, insofar as is practicable 
and not in contravention of any existing statutory 
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restriction or regulation of the Federal agency from 
which the information is requested, furnish to the 
Inspector General, or to an authorized designee, the 
requested information or assistance. 
‘‘(2) UNREASONABLE REFUSAL.—Whenever in-
formation or assistance requested under subsection 
(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 establishment involved without delay. 
‘‘(d) OFFICE SPACE AND SUPPLIES.—Each head of 
an establishment shall provide the Office within the estab-
lishment with appropriate and adequate office space at 
central and field office locations of the establishment, to-
gether with such equipment, office supplies, and commu-
nications 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 
AGENCY.— 
‘‘(A) For purposes of applying the provi-
sions of law identified in subparagraph (B)— 
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‘‘(i) each Office of Inspector General 
shall be considered to be a separate agen-
cy; 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), sub-
ject to paragraph (2). 
‘‘(2) APPLYING
SECTION 4507(b).—For pur-
poses 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 Integrity and 
Efficiency (established by section 424 of this title) 
shall’ for ‘the Inspector General who is the head of 
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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 Inspector 
General, any Assistant Inspector General for Inves-
tigations under such an Inspector General, and any 
special agent supervised by such an Assistant In-
spector 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 authorized 
under this chapter or other statute, or as ex-
pressly authorized by the Attorney General, for 
any offense against the United States com-
mitted in the presence of such Inspector Gen-
eral, Assistant Inspector General, or agent, or 
for any felony cognizable under the laws of the 
United States if such Inspector General, Assist-
ant Inspector General, or agent has reasonable 
grounds to believe that the person to be ar-
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rested has committed or is committing such fel-
ony; and 
‘‘(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 sub-
section only upon an initial determination that— 
‘‘(A) the affected Office of Inspector Gen-
eral is significantly hampered in the perform-
ance of responsibilities established by this chap-
ter as a result of the lack of such powers; 
‘‘(B) available assistance from other law 
enforcement agencies is insufficient to meet the 
need for such powers; and 
‘‘(C) adequate internal safeguards and 
management 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 Com-
merce, Department of Education, Department of 
Energy, Department of Health and Human Services, 
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Department of Homeland Security, Department of 
Housing and Urban Development, Department of 
the Interior, Department of Justice, Department of 
Labor, Department of State, Department of Trans-
portation, Department of the Treasury, Department 
of Veterans’ Affairs, Agency for International Devel-
opment, Environmental Protection Agency, Federal 
Deposit Insurance Corporation, Federal Emergency 
Management Agency, General Services Administra-
tion, National Aeronautics and Space Administra-
tion, Nuclear Regulatory Commission, Office of Per-
sonnel Management, Railroad Retirement Board, 
Small Business Administration, Social Security Ad-
ministration, and the Tennessee Valley Authority are 
exempt from the requirement of paragraph (2) for 
an initial determination of eligibility by the Attorney 
General. 
‘‘(4) GUIDELINES.—The Attorney General shall 
promulgate, and revise as appropriate, guidelines 
which shall govern the exercise of the law enforce-
ment powers established under paragraph (1). 
‘‘(5) RESCINDING OR SUSPENDING POWERS.— 
‘‘(A) POWERS
AUTHORIZED
FOR
AN
OF-
FICE
OF
INSPECTOR
GENERAL.—Powers au-
thorized for an Office of Inspector General 
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under paragraph (1) may be rescinded or sus-
pended upon a determination by the Attorney 
General that any of the requirements under 
paragraph (2) is no longer satisfied or that the 
exercise of authorized powers by that Office of 
Inspector General has not complied with the 
guidelines promulgated by the Attorney General 
under paragraph (4). 
‘‘(B) POWERS AUTHORIZED TO BE EXER-
CISED BY AN INDIVIDUAL.—Powers authorized 
to be exercised by any individual under para-
graph (1) may be rescinded or suspended with 
respect to that individual upon a determination 
by the Attorney General that such individual 
has not complied with guidelines promulgated 
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 
ensure the proper exercise of the law enforcement 
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 un-
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derstanding to establish an external review process 
for ensuring that adequate internal safeguards and 
management procedures continue to exist within 
each Office and within any Office that later receives 
an authorization under paragraph (2). The review 
process shall be established in consultation with the 
Attorney General, 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 periodi-
cally by another Office 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 Gen-
eral. 
‘‘(8) NOT A LIMITATION ON OTHER LAW EN-
FORCEMENT
POWERS.—No provision of this sub-
section shall limit the exercise of law enforcement 
powers established under any other statutory author-
ity, 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 
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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 es-
tablishment or designated Federal entity to which 
the Inspector General reports. The budget request 
shall specify the aggregate amount of funds re-
quested for such fiscal year for the operations of 
that Inspector General and shall specify the amount 
requested for all training needs, including a certifi-
cation from the Inspector General that the amount 
requested satisfies all training requirements for the 
Inspector General’s office for that fiscal year, and 
any resources necessary to support the Council of 
the Inspectors General on Integrity and Efficiency. 
Resources necessary to support the Council of the 
Inspectors General on Integrity and Efficiency shall 
be specifically identified and justified in the budget 
request. 
‘‘(2) HEAD
OF
ESTABLISHMENT
OR
DES-
IGNATED
FEDERAL
ENTITY’S
PROPOSED
BUDGET 
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TRANSMITTED
TO
PRESIDENT.—In transmitting a 
proposed budget to the President for approval, the 
head of each establishment or designated Federal 
entity shall include— 
‘‘(A) an aggregate request for the Inspec-
tor General; 
‘‘(B) amounts for Inspector General train-
ing; 
‘‘(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 
CONGRESS.—The President shall include in each 
budget of the United States Government submitted 
to Congress— 
‘‘(A) a separate statement of the budget 
estimate prepared in accordance with paragraph 
(1); 
‘‘(B) the amount requested by the Presi-
dent for each Inspector General; 
‘‘(C) the amount requested by the Presi-
dent for training of Inspectors General; 
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‘‘(D) the amount requested by the Presi-
dent for support for the Council of the Inspec-
tors General on Integrity and Efficiency; and 
‘‘(E) any comments of the affected Inspec-
tor General with respect to the proposal if the 
Inspector General concludes that the budget 
submitted by the President would substantially 
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 establish-
ment submits a request to the head of the establish-
ment for Federal grand jury materials pursuant to 
subsection (a)(1), the head of the establishment 
shall immediately notify the Attorney General of 
such request. 
‘‘(2) DETERMINATION
BY
ATTORNEY
GEN-
ERAL.—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 establishment of such deter-
mination. The Attorney General shall grant the re-
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quest 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 oper-
ation; 
‘‘(C) result in disclosure of the identity of 
a confidential source, including a protected wit-
ness; 
‘‘(D) pose a serious threat to national se-
curity; or 
‘‘(E) result in significant impairment of 
the trade or economic interests of the United 
States. 
‘‘(3) COMMENTS.— 
‘‘(A) REQUIREMENT TO INFORM INSPEC-
TOR GENERAL OF DETERMINATION BY ATTOR-
NEY GENERAL.—The head of the establishment 
shall inform the Inspector General of the estab-
lishment of the determination made by the At-
torney General with respect to the request for 
Federal grand jury materials. 
‘‘(B) SUBMISSION OF COMMENTS BY IN-
SPECTOR GENERAL.—The Inspector General of 
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the establishment described under subpara-
graph (A) may submit comments on the deter-
mination submitted pursuant to such subpara-
graph to the committees listed under paragraph 
(4) that the Inspector General considers appro-
priate. 
‘‘(4) STATEMENT OF ATTORNEY GENERAL RE-
GARDING DENIAL OF REQUEST.—Not later than 30 
days after notifying the head of an establishment of 
a denial pursuant to paragraph (2), the Attorney 
General shall submit a statement 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 Secu-
rity 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 Intelligence of 
the House of Representatives. 
‘‘(C) Other appropriate committees and 
subcommittees of Congress. 
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‘‘(i) NON-APPLICABILITY OF CERTAIN PROVISIONS 
TO REQUESTS FROM INSPECTOR GENERAL OF DEPART-
MENT OF JUSTICE.—Subsections (a)(1)(C) and (h) shall 
not apply to requests from the Inspector 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 pur-
poses of section 552a of title 5 or any other provi-
sion 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 Inspector General or by an agency 
in coordination with an Inspector General in con-
ducting 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 In-
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spector General of any matching program authority 
established under any other provision 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 information during the 
conduct of an audit, investigation, inspection, evaluation, 
or other review conducted by the Council of the Inspectors 
General on Integrity and Efficiency or any Office of In-
spector General, including any Office of Special Inspector 
General. 
‘‘§ 407. Complaints by employees 
‘‘(a) RECEIPT AND INVESTIGATION.—The Inspector 
General may receive and investigate complaints or infor-
mation 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 substantial and 
specific danger to the public health and safety. 
‘‘(b) PROHIBITION ON DISCLOSURE OF IDENTITY.— 
The Inspector General shall not, after receipt of a com-
plaint or information from an employee, disclose the iden-
tity of the employee without the consent of the employee, 
unless the Inspector General determines the disclosure is 
unavoidable during the course of the investigation. 
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‘‘(c) PROHIBITION
ON REPRISAL.—Any employee 
who has authority to take, direct others to take, rec-
ommend, or approve any personnel action, shall not, with 
respect to that authority, take or threaten to take any ac-
tion against any employee as a reprisal for making a com-
plaint or disclosing information to an Inspector General, 
unless the complaint was made or the information dis-
closed with the knowledge that it was false or with willful 
disregard for its truth or falsity. 
‘‘§ 408. Additional provisions with respect to the In-
spector General of the Department of De-
fense 
‘‘(a) INSPECTOR
GENERAL.—A member of the 
Armed Forces, active or reserve, shall not be appointed 
Inspector General of the Department of Defense. 
‘‘(b) AUTHORITY OF SECRETARY OF DEFENSE.— 
‘‘(1) IN
GENERAL.—Notwithstanding the last 
two sentences of section 403(a) of this title, the In-
spector General shall be under the authority, direc-
tion, and control of the Secretary of Defense with 
respect to audits or investigations, or the issuance of 
subpoenas, which require access to information con-
cerning— 
‘‘(A) sensitive operational plans; 
‘‘(B) intelligence matters; 
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‘‘(C) counterintelligence matters; 
‘‘(D) ongoing criminal investigations by 
other administrative units of the Department of 
Defense related to national security; or 
‘‘(E) other matters the disclosure of which 
would constitute a serious threat to national se-
curity. 
‘‘(2) AUTHORITY TO PROHIBIT AUDIT OR IN-
VESTIGATION.—With respect to the information de-
scribed in paragraph (1), the Secretary of Defense 
may prohibit the Inspector General from initiating, 
carrying out, or completing any audit or investiga-
tion, from accessing information described in para-
graph (1), or from issuing any subpoena, after the 
Inspector General has decided to initiate, carry out, 
or complete such audit or investigation, access such 
information, or to issue such subpoena, if the Sec-
retary determines that such prohibition is necessary 
to preserve the national security interests of the 
United States. 
‘‘(3) STATEMENT
CONCERNING
EXERCISE
OF 
POWER.—If the Secretary of Defense exercises any 
power under paragraph (1) or (2), the Inspector 
General shall submit a statement concerning that ex-
ercise of power within 30 days to the Committee on 
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Armed Services and the Committee on Homeland 
Security and Governmental Affairs of the Senate 
and the Committee on Armed Services and the Com-
mittee on Oversight and Reform of the House of 
Representatives and to other appropriate committees 
or subcommittees of the Congress. 
‘‘(4) STATEMENT OF REASONS FOR EXERCISE 
OF POWER.—The Secretary shall, within 30 days 
after submission of a statement under paragraph 
(3), transmit a statement of the reasons for the ex-
ercise of power under paragraph (1) or (2) to the 
congressional committees specified in paragraph (3) 
and to other appropriate committees or subcommit-
tees. 
‘‘(c) ADDITIONAL DUTIES AND RESPONSIBILITIES.— 
In addition to the other duties and responsibilities speci-
fied in this chapter, the Inspector General of the Depart-
ment of Defense shall— 
‘‘(1) be the principal adviser to the Secretary of 
Defense for matters relating to the prevention and 
detection of fraud, waste, and abuse in the programs 
and operations of the Department; 
‘‘(2) initiate, conduct, and supervise such audits 
and investigations in the Department of Defense (in-
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cluding the military departments) as the Inspector 
General considers appropriate; 
‘‘(3) provide policy direction for audits and in-
vestigations relating to fraud, waste, and abuse and 
program effectiveness; 
‘‘(4) investigate fraud, waste, and abuse uncov-
ered as a result of other contract and internal au-
dits, as the Inspector General considers appropriate; 
‘‘(5) develop policy, monitor and evaluate pro-
gram performance, and provide guidance with re-
spect to all Department activities relating to crimi-
nal investigation programs; 
‘‘(6) monitor and evaluate the adherence of De-
partment auditors to internal audit, contract audit, 
and internal review principles, policies, and proce-
dures; 
‘‘(7) develop policy, evaluate program perform-
ance, and monitor actions taken by all components 
of the Department in response to contract audits, in-
ternal audits, internal review reports, and audits 
conducted by the Comptroller General of the United 
States; 
‘‘(8) request assistance as needed from other 
audit, inspection, and investigative units of the De-
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partment of Defense (including military depart-
ments); 
‘‘(9) give particular regard to the activities of 
the internal audit, inspection, and investigative units 
of the military departments with a view toward 
avoiding duplication and ensuring effective coordina-
tion and cooperation; and 
‘‘(10) conduct, or approve arrangements for the 
conduct of, external peer reviews of Department of 
Defense audit agencies in accordance with, and in 
such frequency as provided by, Government auditing 
standards as established by the Comptroller General 
of the United States. 
‘‘(d) REPORTING VIOLATIONS OF CHAPTER 47 OF 
TITLE 10.—Notwithstanding section 404(d) of this title, 
the Inspector General of the Department of Defense shall 
expeditiously report suspected or alleged violations of 
chapter 47 of title 10 (Uniform Code of Military Justice), 
to the Secretary of the military department concerned or 
the Secretary of Defense. 
‘‘(e) MEMBER OF ARMED FORCES DEEMED TO BE 
EMPLOYEE.—For the purposes of section 407 of this title, 
a member of the Armed Forces shall be deemed to be an 
employee of the Department of Defense, except that, when 
the Coast Guard operates as a service of another depart-
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ment or agency of the Federal Government, a member of 
the Coast Guard shall be deemed to be an employee of 
that department or agency. 
‘‘(f) REPORTS.— 
‘‘(1) REPORTS
TRANSMITTED
TO
CONGRES-
SIONAL COMMITTEES.—Each semiannual report pre-
pared by the Inspector General of the Department 
of Defense under section 405(b) of this title shall be 
transmitted by the Secretary of Defense to the Com-
mittees on Armed Services and on Homeland Secu-
rity and Governmental Affairs of the Senate and the 
Committees on Armed Services and on Oversight 
and Reform of the House of Representatives and to 
other appropriate committees or subcommittees of 
Congress. Each report shall include— 
‘‘(A) information concerning the numbers 
and types of contract audits conducted by the 
Department during the reporting period; and 
‘‘(B) information concerning any Depart-
ment of Defense audit agency that, during the 
reporting period, has either received a failed 
opinion from an external peer review or is over-
due for an external peer review required to be 
conducted 
in 
accordance 
with 
subsection 
(c)(10). 
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‘‘(2) ADDITIONAL REPORTS TRANSMITTED TO 
CONGRESSIONAL COMMITTEES.—Any report required 
to be transmitted by the Secretary of Defense to the 
appropriate committees or subcommittees of the 
Congress under section 405(e) of this title shall also 
be transmitted, within the 7-day period specified in 
section 405(e) of this title, to the congressional com-
mittees specified in paragraph (1). 
‘‘(g) NON-APPLICABILITY
OF SECTION 1385 OF 
TITLE 18.—The provisions of section 1385 of title 18, 
shall not apply to audits and investigations conducted by, 
under the direction of, or at the request of the Inspector 
General of the Department of Defense to carry out the 
purposes of this chapter. 
‘‘(h) GENERAL COUNSEL TO INSPECTOR GENERAL 
OF DEPARTMENT OF DEFENSE.— 
‘‘(1) IN GENERAL.—There is a General Counsel 
to the Inspector General of the Department of De-
fense, who shall be appointed by the Inspector Gen-
eral of the Department of Defense. 
‘‘(2) DUTIES AND FUNCTIONS.— 
‘‘(A) Notwithstanding section 140(b) of 
title 10, the General Counsel is the chief legal 
officer of the Office of the Inspector General. 
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‘‘(B) The Inspector General is the exclu-
sive legal client of the General Counsel. 
‘‘(C) The General Counsel shall perform 
such functions as the Inspector General may 
prescribe. 
‘‘(D) The General Counsel shall serve at 
the discretion of the Inspector General. 
‘‘(3) OFFICE OF GENERAL COUNSEL.—There is 
an Office of the General Counsel to the Inspector 
General of the Department of Defense. The Inspec-
tor General may appoint to the Office to serve as 
staff of the General Counsel such legal counsel as 
the Inspector General considers appropriate. 
‘‘(i) AUTHORITY TO REQUIRE ATTENDANCE
AND 
TESTIMONY OF WITNESSES.— 
‘‘(1) SUBPOENA.—The Inspector General of the 
Department of Defense is authorized to require by 
subpoena the attendance and testimony of witnesses 
as necessary in the performance of functions as-
signed to the Inspector General by this chapter, ex-
cept that the Inspector General shall use procedures 
other than subpoenas to obtain attendance and testi-
mony from Federal employees. 
‘‘(2) 
ENFORCEMENT.—A 
subpoena 
issued 
under this subsection, in the case of contumacy or 
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refusal to obey, shall be enforceable by order of any 
appropriate United States district court. 
‘‘(3) NOTIFICATION.—The Inspector General 
shall notify the Attorney General 7 days before 
issuing any subpoena under this section. 
‘‘§ 409. Special provisions concerning the Agency for 
International Development 
‘‘(a) DEFINITION OF AGENCY FOR INTERNATIONAL 
DEVELOPMENT.—As used in this chapter, the term ‘Agen-
cy for International Development’ includes any successor 
agency primarily responsible for administering part I of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 
seq.). 
‘‘(b) MEMBERS OF FOREIGN SERVICE.—In addition 
to the officers and employees provided for in section 
406(a)(7) of this title, members of the Foreign Service 
may, at the request of the Inspector General of the Agency 
for International Development, be assigned as employees 
of the Inspector General. Members of the Foreign Service 
so assigned shall be responsible solely to the Inspector 
General, and the Inspector General (or the Inspector Gen-
eral’s designee) shall prepare the performance evaluation 
reports for the members assigned as employees of the In-
spector General. 
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‘‘(c) FIELD OFFICES.—In establishing and staffing 
field offices pursuant to section 406(d) of this title, the 
Administrator of the Agency for International Develop-
ment shall not be bound by overseas personnel ceilings. 
‘‘(d) ADDITIONAL OFFICER.—The Inspector General 
of the Agency for International Development shall be in 
addition to the officers provided for in section 624(a) of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2384(a)). 
‘‘§ 410. Special provisions concerning the Nuclear 
Regulatory Commission 
‘‘(a) DELEGATION.—The Chairman of the Commis-
sion may delegate the authority specified in the 2d sen-
tence of section 403(a) of this title to another member 
of the Nuclear Regulatory Commission, but shall not dele-
gate such authority to any other officer or employee of 
the Commission. 
‘‘(b) PERSONNEL.—Notwithstanding paragraphs (7) 
and (8) of section 406(a) of this title, the Inspector Gen-
eral of the Nuclear Regulatory Commission is authorized 
to select, appoint, and employ such officers and employees 
as may be necessary for carrying out the functions, pow-
ers, and duties of the Office of Inspector General and to 
obtain the temporary or intermittent services of experts 
or consultants or an organization of experts or consult-
ants, subject to the applicable laws and regulations that 
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govern such selections, appointments, and employment, 
and the obtaining of such services, within the Nuclear 
Regulatory Commission. 
‘‘§ 411. Special provisions concerning the Federal De-
posit Insurance Corporation 
‘‘(a) DELEGATION.—The Chairperson of the Federal 
Deposit Insurance Corporation may delegate the authority 
specified in the 2d sentence of section 403(a) of this title 
to the Vice Chairperson of the Board of Directors of the 
Federal Deposit Insurance Corporation, but may not dele-
gate such authority to any other officer or employee of 
the Corporation. 
‘‘(b) PERSONNEL.—Notwithstanding paragraphs (7) 
and (8) of section 406(a) of this title, the Inspector Gen-
eral of the Federal Deposit Insurance Corporation may 
select, appoint, and employ such officers and employees 
as may be necessary for carrying out the functions, pow-
ers, and duties of the Office of Inspector General and may 
obtain the temporary or intermittent services of experts 
or consultants or an organization of experts or consult-
ants, subject to the applicable laws and regulations that 
govern such selections, appointments, and employment, 
and the obtaining of such services, within the Federal De-
posit Insurance Corporation. 
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‘‘§ 412. Special provisions concerning the Department 
of the Treasury 
‘‘(a) IN GENERAL.— 
‘‘(1) AUTHORITY OF SECRETARY OF TREASURY 
OVER CERTAIN AUDITS AND INVESTIGATIONS.—Not-
withstanding the 2d sentence and last sentence of 
section 403(a) of this title, the Inspector General of 
the Department of the Treasury shall be under the 
authority, direction, and control of the Secretary of 
the Treasury with respect to audits or investigations, 
or the issuance of subpoenas, which require access to 
sensitive information concerning— 
‘‘(A) ongoing criminal investigations or 
proceedings; 
‘‘(B) undercover operations; 
‘‘(C) the identity of confidential sources, 
including protected witnesses; 
‘‘(D) deliberations and decisions on policy 
matters, including documented information 
used as a basis for making policy decisions, the 
disclosure of which could reasonably be ex-
pected to have a significant influence on the 
economy or market behavior; 
‘‘(E) intelligence or counterintelligence 
matters; or 
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‘‘(F) other matters the disclosure of which 
would constitute a serious threat to national se-
curity or to the protection of any person or 
property authorized protection by section 3056 
of title 18, section 3056A of title 18, or any 
provision of the Presidential Protection Assist-
ance Act of 1976 (Public Law 94–524, 18 
U.S.C. 3056 note). 
‘‘(2) AUTHORITY OF SECRETARY OF TREASURY 
TO PROHIBIT CARRYING OUT OR COMPLETING CER-
TAIN AUDITS AND INVESTIGATIONS.—With respect 
to the information described under paragraph (1), 
the Secretary of the Treasury may prohibit the In-
spector General of the Department of the Treasury 
from carrying out or completing any audit or inves-
tigation, from accessing information described in 
paragraph (1), or from issuing any subpoena, after 
such Inspector General has decided to initiate, carry 
out, or complete such audit or investigation, access 
such information, or to issue such subpoena, if the 
Secretary determines that such prohibition is nec-
essary to prevent the disclosure of any information 
described under paragraph (1) or to prevent signifi-
cant impairment to the national interests of the 
United States. 
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‘‘(3) NOTIFICATION AND STATEMENT OF REA-
SONS FOR EXERCISE OF POWER.—If the Secretary 
of the Treasury exercises any power under para-
graph (1) or (2), the Secretary of the Treasury shall 
notify the Inspector General of the Department of 
the Treasury in writing, stating the reasons for such 
exercise. Within 30 days after receipt of any such 
notice, the Inspector General of the Department of 
the Treasury shall transmit a copy of such notice to 
the Committee on Homeland Security and Govern-
mental Affairs and the Committee on Finance of the 
Senate and the Committee on Oversight and Reform 
and the Committee on Ways and Means of the 
House of Representatives, and to other appropriate 
committees or subcommittees of the Congress. 
‘‘(4) EXCEPTION RELATING TO TREASURY IN-
SPECTOR
GENERAL
FOR
TAX
ADMINISTRATION.— 
The Secretary of the Treasury may not exercise any 
power under paragraph (1) or (2) with respect to 
the Treasury Inspector General for Tax Administra-
tion. 
‘‘(b) OVERSIGHT RESPONSIBILITY
FOR INTERNAL 
INVESTIGATIONS.— 
‘‘(1) IN GENERAL.—In carrying out the duties 
and responsibilities specified in this chapter, the In-
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spector General of the Department of the Treasury 
shall have oversight responsibility for the internal in-
vestigations performed by the Office of Internal Af-
fairs of the Tax and Trade Bureau. The head of 
such office shall promptly report to the Inspector 
General of the Department of the Treasury the sig-
nificant activities being carried out by such office. 
‘‘(2) EXERCISE OF DUTIES AND RESPONSIBIL-
ITIES.—The Inspector General of the Department of 
the Treasury shall exercise all duties and respon-
sibilities of an Inspector General for the Department 
of the Treasury other than the duties and respon-
sibilities exercised by the Treasury Inspector General 
for Tax Administration. 
‘‘(3) ESTABLISHMENT OF PROCEDURES.—The 
Secretary of the Treasury shall establish procedures 
under which the Inspector General of the Depart-
ment of the Treasury and the Treasury Inspector 
General for Tax Administration will— 
‘‘(A) determine how audits and investiga-
tions are allocated in cases of overlapping juris-
diction; and 
‘‘(B) provide for coordination, cooperation, 
and efficiency in the conduct of such audits and 
investigations. 
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‘‘(c) AUDITS AND INVESTIGATIONS IN DEPARTMENT 
OF TREASURY.—Notwithstanding subsection (b), the In-
spector General of the Department of the Treasury may 
initiate, conduct and supervise such audits and investiga-
tions in the Department of the Treasury (including the 
bureau referred to in subsection (b)) as the Inspector Gen-
eral of the Department of the Treasury considers appro-
priate. 
‘‘(d) AUTHORITY TO PROVIDE WRITTEN NOTICE TO 
TAX AND TRADE BUREAU.—If the Inspector General of 
the Department of the Treasury initiates an audit or in-
vestigation under subsection (c) concerning the bureau re-
ferred to in subsection (b), the Inspector General of the 
Department of the Treasury may provide the head of the 
office of such bureau referred to in subsection (b) with 
written notice that the Inspector General of the Depart-
ment of the Treasury has initiated such an audit or inves-
tigation. If the Inspector General of the Department of 
the Treasury issues a notice under the preceding sentence, 
no other audit or investigation shall be initiated into the 
matter under audit or investigation by the Inspector Gen-
eral of the Department of the Treasury, and any other 
audit or investigation of such matter shall cease. 
‘‘(e) TREASURY INSPECTOR GENERAL FOR TAX AD-
MINISTRATION.— 
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‘‘(1) ACCESS TO RETURNS AND RETURN INFOR-
MATION.—The Treasury Inspector General for Tax 
Administration shall have access to returns and re-
turn information, as defined in section 6103(b) of 
the Internal Revenue Code of 1986 (26 U.S.C. 
6103(b)), only in accordance with the provisions of 
section 6103 of the Internal Revenue Code of 1986 
(26 U.S.C. 6103) and this chapter. 
‘‘(2) STANDARDIZED RECORDS AND ACCOUNT-
INGS.—The Internal Revenue Service shall maintain 
the same system of standardized records or account-
ings of all requests from the Treasury Inspector 
General for Tax Administration for inspection or 
disclosure of returns and return information (includ-
ing the reasons for and dates of such requests), and 
of returns and return information inspected or dis-
closed pursuant to such requests, as described under 
section 6103(p)(3)(A) of the Internal Revenue Code 
of 1986 (26 U.S.C. 6103(p)(3)(A)). Such system of 
standardized records or accountings shall also be 
available for examination in the same manner as 
provided under section 6103(p)(3) of the Internal 
Revenue Code of 1986 (26 U.S.C. 6103(p)(3)). 
‘‘(3) SAFEGUARDS
AND
CONDITIONS.—The 
Treasury Inspector General for Tax Administration 
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shall be subject to the same safeguards and condi-
tions for receiving returns and return information as 
are described under section 6103(p)(4) of the Inter-
nal Revenue Code of 1986 (26 U.S.C. 6103(p)(4)). 
‘‘(f) AUDIT OR INVESTIGATION SHALL NOT AFFECT 
FINAL DECISION UNDER SECTION 6406 OF INTERNAL 
REVENUE CODE OF 1986.—An audit or investigation con-
ducted by the Inspector General of the Department of the 
Treasury or the Treasury Inspector General for Tax Ad-
ministration shall not affect a final decision of the Sec-
retary of the Treasury or the Secretary’s delegate under 
section 6406 of the Internal Revenue Code of 1986 (26 
U.S.C. 6406). 
‘‘(g) REPORTS.— 
‘‘(1) REPORTS
TO
CONGRESSIONAL
COMMIT-
TEES.—Any report required to be transmitted by the 
Secretary of the Treasury to the appropriate com-
mittees or subcommittees of the Congress under sec-
tion 405(e) of this title shall also be transmitted, 
within the 7-day period specified under such section, 
to the Committee on Homeland Security and Gov-
ernmental Affairs and the Committee on Finance of 
the Senate and the Committee on Oversight and Re-
form and the Committee on Ways and Means of the 
House of Representatives. 
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‘‘(2) REPORTS MADE BY TREASURY INSPECTOR 
GENERAL FOR TAX ADMINISTRATION TO CONGRES-
SIONAL
COMMITTEES.—Any report made by the 
Treasury Inspector General for Tax Administration 
that is required to be transmitted by the Secretary 
of the Treasury to the appropriate committees or 
subcommittees of Congress under section 405(e) of 
this title shall also be transmitted, within the 7-day 
period specified under such subsection, to the Inter-
nal Revenue Service Oversight Board and the Com-
missioner of Internal Revenue. 
‘‘(h) DUTIES AND RESPONSIBILITIES OF TREASURY 
INSPECTOR GENERAL FOR TAX ADMINISTRATION.—The 
Treasury Inspector General for Tax Administration shall 
exercise all duties and responsibilities of an Inspector Gen-
eral of an establishment with respect to the Department 
of the Treasury and the Secretary of the Treasury on all 
matters relating to the Internal Revenue Service. The 
Treasury Inspector General for Tax Administration shall 
have sole authority under this chapter to conduct an audit 
or investigation of the Internal Revenue Service Oversight 
Board and the Chief Counsel for the Internal Revenue 
Service. 
‘‘(i) ABILITY TO LEAD LARGE AND COMPLEX ORGA-
NIZATION.—In addition to the requirements of the 1st 
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sentence of section 403(a) of this title, the Treasury In-
spector General for Tax Administration should have dem-
onstrated ability to lead a large and complex organization. 
‘‘(j) PROHIBITION ON APPOINTMENT OF EMPLOYEE 
OF INTERNAL REVENUE SERVICE
TO CERTAIN POSI-
TIONS.—An individual appointed to the position of Treas-
ury Inspector General for Tax Administration, the Assist-
ant Inspector General for Auditing of the Office of the 
Treasury Inspector General for Tax Administration under 
section 403(d)(1)(B)(i) of this title (or, effective Novem-
ber 27, 2017, section 403(d)(2)(B)(i) of this title), the As-
sistant Inspector General for Investigations of the Office 
of the Treasury Inspector General for Tax Administration 
under section 403(d)(1)(B)(ii) of this title (or, effective 
November 27, 2017, section 403(d)(2)(B)(ii) of this title), 
or any position of Deputy Inspector General of the Office 
of the Treasury Inspector General for Tax Administration 
may not be an employee of the Internal Revenue Service— 
‘‘(1) during the 2-year period preceding the 
date of appointment to such position; or 
‘‘(2) during the 5-year period following the date 
such individual ends service in such position. 
‘‘(k) ADDITIONAL DUTIES AND RESPONSIBILITIES.— 
‘‘(1) IN GENERAL.—In addition to the duties 
and responsibilities exercised by an inspector general 
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of an establishment, the Treasury Inspector General 
for Tax Administration— 
‘‘(A) shall have the duty to enforce crimi-
nal provisions under section 7608(b) of the In-
ternal Revenue Code of 1986 (26 U.S.C. 
7608(b)); 
‘‘(B) in addition to the functions author-
ized under section 7608(b)(2) of the Internal 
Revenue Code of 1986 (26 U.S.C. 7608(b)(2)), 
may carry firearms; 
‘‘(C) shall be responsible for protecting the 
Internal Revenue Service against external at-
tempts to corrupt or threaten employees of the 
Internal Revenue Service, but shall not be re-
sponsible for the conducting of background 
checks and the providing of protection to the 
Commissioner of Internal Revenue; and 
‘‘(D) may designate any employee in the 
Office of the Treasury Inspector General for 
Tax Administration to enforce such laws and 
perform such functions referred to under sub-
paragraphs (A), (B), and (C). 
‘‘(2) REPORTING VIOLATIONS.— 
‘‘(A) REPORTING
REASONABLE
GROUNDS 
TO BELIEVE A VIOLATION OF FEDERAL CRIMI-
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NAL LAW OCCURRED.—In performing a law en-
forcement function under paragraph (1), the 
Treasury Inspector General for Tax Adminis-
tration shall report any reasonable grounds to 
believe there has been a violation of Federal 
criminal law to the Attorney General at an ap-
propriate time as determined by the Treasury 
Inspector General for Tax Administration, not-
withstanding section 404(d) of this title. 
‘‘(B) REPORTING PROBLEMS, ABUSES, OR 
DEFICIENCIES.—In the administration of sec-
tion 405(e) of this title and subsection (g)(2) of 
this section, the Secretary of the Treasury may 
transmit the required report with respect to the 
Treasury Inspector General for Tax Adminis-
tration at an appropriate time as determined by 
the Secretary, if the problem, abuse, or defi-
ciency relates to— 
‘‘(i) the performance of a law enforce-
ment function under paragraph (1); and 
‘‘(ii) sensitive information concerning 
matters 
under 
subsection 
(a)(1)(A) 
through (F). 
‘‘(3) LIMITATION.—Nothing in this subsection 
shall be construed to affect the authority of any 
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other person to carry out or enforce any provision 
specified in paragraph (1). 
‘‘(l) REQUEST FOR AUDIT OR INVESTIGATION RE-
LATING TO INTERNAL REVENUE SERVICE.— 
‘‘(1) IN GENERAL.—The Commissioner of In-
ternal Revenue or the Internal Revenue Service 
Oversight Board may request, in writing, the Treas-
ury Inspector General for Tax Administration to 
conduct an audit or investigation relating to the In-
ternal Revenue Service. If the Treasury Inspector 
General for Tax Administration determines not to 
conduct such audit or investigation, the Inspector 
General shall timely provide a written explanation 
for such determination to the person making the re-
quest. 
‘‘(2) REPORTS.— 
‘‘(A) FINAL REPORT OF AUDIT.—Any final 
report of an audit conducted by the Treasury 
Inspector General for Tax Administration shall 
be timely submitted by the Inspector General to 
the Commissioner of Internal Revenue and the 
Internal Revenue Service Oversight Board. 
‘‘(B) PERIODIC LIST OF INVESTIGATIONS 
FOR WHICH FINAL REPORT COMPLETED.—The 
Treasury Inspector General for Tax Adminis-
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100 
tration shall periodically submit to the Commis-
sioner and Board a list of investigations for 
which a final report has been completed by the 
Inspector General and shall provide a copy of 
any such report upon request of the Commis-
sioner or Board. 
‘‘(C) APPLICABILITY.—This paragraph ap-
plies regardless of whether the applicable audit 
or investigation is requested under paragraph 
(1). 
‘‘§ 413. Special provisions concerning the Department 
of Justice 
‘‘(a) IN GENERAL.— 
‘‘(1) AUTHORITY OF ATTORNEY GENERAL OVER 
CERTAIN
AUDITS
AND
INVESTIGATIONS.—Notwith-
standing the 2d sentence and last sentence of section 
403(a) of this title, the Inspector General shall be 
under the authority, direction, and control of the At-
torney General with respect to audits or investiga-
tions, or the issuance of subpoenas, which require 
access to sensitive information concerning— 
‘‘(A) ongoing civil or criminal investiga-
tions or proceedings; 
‘‘(B) undercover operations; 
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101 
‘‘(C) the identity of confidential sources, 
including protected witnesses; 
‘‘(D) intelligence or counterintelligence 
matters; or 
‘‘(E) other matters the disclosure of which 
would constitute a serious threat to national se-
curity. 
‘‘(2) AUTHORITY OF ATTORNEY GENERAL TO 
PROHIBIT CARRYING OUT OR COMPLETING CERTAIN 
AUDITS AND INVESTIGATIONS.—With respect to the 
information described under paragraph (1), the At-
torney General may prohibit the Inspector General 
from carrying out or completing any audit or inves-
tigation, from accessing information described in 
paragraph (1), or from issuing any subpoena, after 
such Inspector General has decided to initiate, carry 
out, or complete such audit or investigation, access 
such information, or to issue such subpoena, if the 
Attorney General determines that such prohibition is 
necessary to prevent the disclosure of any informa-
tion described under paragraph (1) or to prevent 
significant impairment to the national interests of 
the United States. 
‘‘(3) NOTIFICATION AND STATEMENT OF REA-
SONS FOR EXERCISE OF POWER.—If the Attorney 
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102 
General exercises any power under paragraph (1) or 
(2), the Attorney General shall notify the Inspector 
General in writing, stating the reasons for such exer-
cise. Within 30 days after receipt of any such notice, 
the Inspector General shall transmit a copy of such 
notice to the Committee on Homeland Security and 
Governmental Affairs and the Committee on the Ju-
diciary of the Senate and the Committee on Over-
sight and Reform and the Committee on the Judici-
ary of the House of Representatives, and to other 
appropriate committees or subcommittees of the 
Congress. 
‘‘(b) CARRYING OUT DUTIES
AND RESPONSIBIL-
ITIES.—In carrying out the duties and responsibilities 
specified in this chapter, the Inspector General of the De-
partment of Justice— 
‘‘(1) may initiate, conduct and supervise such 
audits and investigations in the Department of Jus-
tice as the Inspector General considers appropriate; 
‘‘(2) except as specified in subsection (a) and 
paragraph (3), may investigate allegations of crimi-
nal wrongdoing or administrative misconduct by an 
employee of the Department of Justice, or may, in 
the discretion of the Inspector General, refer such 
allegations to the Office of Professional Responsi-
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103 
bility or the internal affairs office of the appropriate 
component of the Department of Justice; 
‘‘(3) shall refer to the Counsel, Office of Profes-
sional Responsibility of the Department of Justice, 
allegations of misconduct involving Department at-
torneys, investigators, or law enforcement personnel, 
where the allegations relate to the exercise of the au-
thority of an attorney to investigate, litigate, or pro-
vide legal advice, except that no such referral shall 
be made if the attorney is employed in the Office of 
Professional Responsibility; 
‘‘(4) may investigate allegations of criminal 
wrongdoing or administrative misconduct by a per-
son who is the head of any agency or component of 
the Department of Justice; and 
‘‘(5) shall forward the results of any investiga-
tion conducted under paragraph (4), along with any 
appropriate recommendation for disciplinary action, 
to the Attorney General. 
‘‘(c) REPORTS.—Any report required to be trans-
mitted by the Attorney General to the appropriate com-
mittees or subcommittees of the Congress under section 
405(e) of this title shall also be transmitted, within the 
7-day period specified under that section, to the Com-
mittee on the Judiciary and the Committee on Homeland 
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104 
Security and Governmental Affairs of the Senate and the 
Committee on the Judiciary and the Committee on Over-
sight and Reform of the House of Representatives. 
‘‘(d) REGULATION TO ENSURE REPORTING OF CER-
TAIN ALLEGATIONS TO INSPECTOR GENERAL.—The At-
torney General shall ensure by regulation that any compo-
nent of the Department of Justice receiving a nonfrivolous 
allegation of criminal wrongdoing or administrative mis-
conduct by an employee of the Department of Justice, ex-
cept with respect to allegations described in subsection 
(b)(3), shall report that information to the Inspector Gen-
eral. 
‘‘§ 414. Special provisions concerning the Corporation 
for National and Community Service 
‘‘(a) PERSONNEL.—Notwithstanding the provisions 
of paragraphs (7) and (8) of section 406(a) of this title, 
it is within the exclusive jurisdiction of the Inspector Gen-
eral of the Corporation for National and Community Serv-
ice to— 
‘‘(1) appoint and determine the compensation of 
such officers and employees in accordance with sec-
tion 195(b) of the National and Community Service 
Act of 1990 (42 U.S.C. 12651f(b)); and 
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105 
‘‘(2) procure the temporary and intermittent 
services of and compensate such experts and consult-
ants, in accordance with section 3109(b) of this title, 
as may be necessary to carry out the functions, powers, 
and duties of the Inspector General. 
‘‘(b) REPORTS TO BOARD OF DIRECTORS.—Not later 
than the date on which the Chief Executive Officer of the 
Corporation for National and Community Service trans-
mits any report to the Congress under subsection (b) or 
(c) of section 405 of this title, the Chief Executive Officer 
shall transmit such report to the Board of Directors of 
such Corporation. 
‘‘(c) REVIEW OF AUDIT REPORTS BY BOARD OF DI-
RECTORS.—Not later than the date on which the Chief 
Executive Officer of the Corporation for National and 
Community Service transmits a report described under 
section 405(c) of this title to the Board of Directors as 
provided under subsection (b) of this section, the Chief 
Executive Officer shall also transmit any audit report 
which is described in the statement required under section 
405(c)(4) to the Board of Directors. All such audit reports 
shall be placed on the agenda for review at the next sched-
uled meeting of the Board of Directors following such 
transmittal. The Chief Executive Officer of the Corpora-
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106 
tion shall be present at such meeting to provide any infor-
mation relating to such audit reports. 
‘‘(d) REPORT OF PROBLEM, ABUSE, OR DEFICIENCY 
TO BOARD OF DIRECTORS.—Not later than the date on 
which the Inspector General of the Corporation for Na-
tional and Community Service reports a problem, abuse, 
or deficiency under section 405(e) of this title to the Chief 
Executive Officer of the Corporation, the Chief Executive 
Officer shall report such problem, abuse, or deficiency to 
the Board of Directors. 
‘‘§ 415. Requirements for Federal entities and des-
ignated Federal entities 
‘‘(a) DEFINITIONS.—Notwithstanding section 401 of 
this title, in this section: 
‘‘(1) DESIGNATED FEDERAL ENTITY.— 
‘‘(A) IN GENERAL.—The term ‘designated 
Federal entity’ means Amtrak, the Appalachian 
Regional Commission, the Board of Governors 
of the Federal Reserve System and the Bureau 
of Consumer Financial Protection, the Com-
mittee for Purchase From People Who Are 
Blind or Severely Disabled, the Commodity Fu-
tures Trading Commission, the Consumer Prod-
uct Safety Commission, the Corporation for 
Public Broadcasting, the Defense Intelligence 
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Agency, the Denali Commission, the Equal Em-
ployment Opportunity Commission, the Farm 
Credit Administration, the Federal Election 
Commission, the Election Assistance Commis-
sion, the Federal Labor Relations Authority, 
the Federal Maritime Commission, the Federal 
Trade Commission, the Legal Services Corpora-
tion, the National Archives and Records Admin-
istration, the National Credit Union Adminis-
tration, the National Endowment for the Arts, 
the National Endowment for the Humanities, 
the National Geospatial-Intelligence Agency, the 
National Labor Relations Board, the National 
Science Foundation, the Peace Corps, the Pen-
sion Benefit Guaranty Corporation, the Securi-
ties and Exchange Commission, the Smithso-
nian Institution, the United States Inter-
national Development Finance Corporation, the 
United States International Trade Commission, 
the Postal Regulatory Commission, and the 
United States Postal Service. 
‘‘(B) AMTRAK.—Effective at the beginning 
of the first fiscal year after a fiscal year for 
which Amtrak receives no Federal subsidy, sub-
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paragraph (A) is amended by striking ‘Am-
trak,’. 
‘‘(2) FEDERAL ENTITY.—The term ‘Federal en-
tity’ means any Government corporation (within the 
meaning of section 103(1) of this title), any Govern-
ment controlled corporation (within the meaning of 
section 103(2) of this title), or any other entity in 
the executive branch of the Government, or any 
independent regulatory agency, but does not in-
clude— 
‘‘(A) an establishment (as defined under 
section 401 of this title) or part of an establish-
ment; 
‘‘(B) a designated Federal entity (as de-
fined under paragraph (1) of this subsection) or 
part of a designated Federal entity; 
‘‘(C) the Executive Office of the President; 
‘‘(D) the Central Intelligence Agency; 
‘‘(E) the Government Accountability Of-
fice; or 
‘‘(F) any entity in the judicial or legislative 
branches of the Government, including the Ad-
ministrative Office of the United States Courts 
and the Architect of the Capitol and any activi-
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ties under the direction of the Architect of the 
Capitol. 
‘‘(3) HEAD OF THE DESIGNATED FEDERAL EN-
TITY.—The term ‘head of the designated Federal en-
tity’ means the board or commission of the des-
ignated Federal entity, or in the event the des-
ignated Federal entity does not have a board or 
commission, any person or persons designated by 
statute as the head of a designated Federal entity 
and if no such designation exists, the chief policy-
making officer or board of a designated Federal en-
tity as identified in the list published pursuant to 
subsection (h)(1) of this section, except that— 
‘‘(A) with respect to the National Science 
Foundation, such term means the National 
Science Board; 
‘‘(B) with respect to the United States 
Postal Service, such term means the Governors 
(within the meaning of section 102(3) of title 
39); 
‘‘(C) with respect to the Federal Labor Re-
lations Authority, such term means the mem-
bers of the Authority (described under section 
7104 of this title); 
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110 
‘‘(D) with respect to the Committee for 
Purchase From People Who Are Blind or Se-
verely Disabled, such term means the Chairman 
of the Committee for Purchase From People 
Who Are Blind or Severely Disabled; 
‘‘(E) with respect to the National Archives 
and Records Administration, such term means 
the Archivist of the United States; 
‘‘(F) with respect to the National Credit 
Union Administration, such term means the 
National Credit Union Administration Board 
(described under section 102 of the Federal 
Credit Union Act (12 U.S.C. 1752a)); 
‘‘(G) with respect to the National Endow-
ment of the Arts, such term means the Na-
tional Council on the Arts; 
‘‘(H) with respect to the National Endow-
ment for the Humanities, such term means the 
National Council on the Humanities; 
‘‘(I) with respect to the Peace Corps, such 
term means the Director of the Peace Corps; 
and 
‘‘(J) with respect to the United States 
International Development Finance Corpora-
tion, such term means the Board of Directors 
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111 
of the United States International Development 
Finance Corporation. 
‘‘(4) HEAD
OF
THE
FEDERAL
ENTITY.—The 
term ‘head of the Federal entity’ means any person 
or persons designated by statute as the head of a 
Federal entity, and if no such designation exists, the 
chief policymaking officer or board of a Federal enti-
ty as identified in the list published pursuant to sub-
section (h)(1) of this section. 
‘‘(5) INSPECTOR GENERAL.—The term ‘Inspec-
tor General’ means an Inspector General of a des-
ignated Federal entity. 
‘‘(6) OFFICE
OF
INSPECTOR
GENERAL.—The 
term ‘Office of Inspector General’ means an Office 
of Inspector General of a designated Federal entity. 
‘‘(b) OFFICE OF INSPECTOR GENERAL IN EACH DES-
IGNATED FEDERAL ENTITY.—Not later than 180 days 
after October 18, 1988, there shall be established and 
maintained in each designated Federal entity an Office of 
Inspector General. The head of the designated Federal en-
tity shall transfer to such office the offices, units, or other 
components, and the functions, powers, or duties thereof, 
that such head determines are properly related to the 
functions of the Office of Inspector General and would, 
if so transferred, further the purposes of this section. 
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There shall not be transferred to such office any program 
operating responsibilities. 
‘‘(c) APPOINTMENT OF INSPECTOR GENERAL.—Ex-
cept as provided under subsection (f) of this section, the 
Inspector General shall be appointed by the head of the 
designated Federal entity in accordance with the applica-
ble laws and regulations governing appointments within 
the designated Federal entity. Each Inspector General 
shall be appointed without regard to political affiliation 
and solely on the basis of integrity and demonstrated abil-
ity in accounting, auditing, financial analysis, law, man-
agement analysis, public administration, or investigations. 
For purposes of implementing this section, the Chairman 
of the Board of Governors of the Federal Reserve System 
shall appoint the Inspector General of the Board of Gov-
ernors of the Federal Reserve System and the Bureau of 
Consumer Financial Protection. The Inspector General of 
the Board of Governors of the Federal Reserve System 
and the Bureau of Consumer Financial Protection shall 
have all of the authorities and responsibilities provided by 
this Act with respect to the Bureau of Consumer Financial 
Protection, as if the Bureau were part of the Board of 
Governors of the Federal Reserve System. 
‘‘(d) SUPERVISION.— 
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‘‘(1) IN
GENERAL.—Each Inspector General 
shall report to and be under the general supervision 
of the head of the designated Federal entity, but 
shall not report to, or be subject to supervision by, 
any other officer or employee of such designated 
Federal entity. Except as provided in paragraph (2), 
the head of the designated Federal entity shall not 
prevent or prohibit the Inspector General from initi-
ating, carrying out, or completing any audit or in-
vestigation, or from issuing any subpoena during the 
course of any audit or investigation. 
‘‘(2) EXCEPTION RELATING TO INTELLIGENCE 
COMMUNITY.— 
‘‘(A) IN GENERAL.—The Secretary of De-
fense, in consultation with the Director of Na-
tional Intelligence, may prohibit the inspector 
general of an element of the intelligence com-
munity specified in subparagraph (D) from ini-
tiating, carrying out, or completing any audit or 
investigation, or from accessing information 
available to an element of the intelligence com-
munity specified in subparagraph (D), if the 
Secretary determines that the prohibition is 
necessary to protect vital national security in-
terests of the United States. 
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‘‘(B) STATEMENT OF REASONS FOR EXER-
CISE
OF
AUTHORITY.—If the Secretary exer-
cises the authority under subparagraph (A), the 
Secretary shall submit to the committees of 
Congress specified in subparagraph (E) an ap-
propriately classified statement of the reasons 
for the exercise of such authority not later than 
7 days after the exercise of such authority. 
‘‘(C) NOTIFICATION TO INSPECTOR GEN-
ERAL.—At the same time the Secretary submits 
under subparagraph (B) a statement on the ex-
ercise of the authority in subparagraph (A) to 
the committees of Congress specified in sub-
paragraph (E), the Secretary shall notify the 
inspector general of such element of the sub-
mittal of such statement and, to the extent con-
sistent with the protection of intelligence 
sources and methods, provide such inspector 
general with a copy of such statement. Such in-
spector general may submit to such committees 
of Congress any comments on a notice or state-
ment received by the inspector general under 
this subparagraph that the inspector general 
considers appropriate. 
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115 
‘‘(D) ELEMENTS OF THE INTELLIGENCE 
COMMUNITY.—The elements of the intelligence 
community specified in this subparagraph are 
as follows: 
‘‘(i) The Defense Intelligence Agency. 
‘‘(ii) The National Geospatial-Intel-
ligence Agency. 
‘‘(iii) The National Reconnaissance 
Office. 
‘‘(iv) The National Security Agency. 
‘‘(E) COMMITTEES
OF
CONGRESS.—The 
committees of Congress specified in this sub-
paragraph are— 
‘‘(i) the Committee on Armed Services 
and the Select Committee on Intelligence 
of the Senate; and 
‘‘(ii) the Committee on Armed Serv-
ices and the Permanent Select Committee 
on Intelligence of the House of Represent-
atives. 
‘‘(e) REMOVAL.— 
‘‘(1) BOARD, CHAIRMAN
OF
COMMITTEE, OR 
COMMISSION IS HEAD OF DESIGNATED FEDERAL EN-
TITY.—In the case of a designated Federal entity for 
which a board, chairman of a committee, or commis-
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116 
sion is the head of the designated Federal entity, a 
removal under this subsection may only be made 
upon the written concurrence of a 2⁄3 majority of the 
board, committee, or commission. 
‘‘(2) 
INSPECTOR
GENERAL
REMOVED
OR 
TRANSFERRED.—If an Inspector General is removed 
from office or is transferred to another position or 
location within a designated Federal entity, the head 
of the designated Federal entity shall communicate 
in writing the reasons for any such removal or trans-
fer to both Houses of Congress, not later than 30 
days before the removal or transfer. Nothing in this 
subsection shall prohibit a personnel action other-
wise authorized by law, other than transfer or re-
moval. 
‘‘(f) UNITED STATES POSTAL SERVICE.— 
‘‘(1) APPOINTMENT.—For purposes of carrying 
out subsection (c) with respect to the United States 
Postal Service, the appointment provisions of section 
202(e) of title 39 shall be applied. 
‘‘(2) OVERSIGHT RESPONSIBILITY OF INSPEC-
TOR GENERAL FOR ACTIVITIES OF POSTAL INSPEC-
TION SERVICE.—In carrying out the duties and re-
sponsibilities specified in this chapter, the Inspector 
General of the United States Postal Service (herein-
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after in this subsection referred to as the ‘Inspector 
General’) shall have oversight responsibility for all 
activities of the Postal Inspection Service, including 
any internal investigation performed by the Postal 
Inspection Service. The Chief Postal Inspector shall 
promptly report the significant activities being car-
ried out by the Postal Inspection Service to such In-
spector General. 
‘‘(3) AUDITS AND INVESTIGATIONS.— 
‘‘(A) AUTHORITY, DIRECTION, AND
CON-
TROL OF GOVERNORS.— 
‘‘(i) ACCESS TO SENSITIVE INFORMA-
TION.—Notwithstanding 
subsection 
(d), 
the Inspector General shall be under the 
authority, direction, and control of the 
Governors with respect to audits or inves-
tigations, or the issuance of subpoenas, 
which require access to sensitive informa-
tion concerning— 
‘‘(I) ongoing civil or criminal in-
vestigations or proceedings; 
‘‘(II) undercover operations; 
‘‘(III) the identity of confidential 
sources, including protected witnesses; 
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‘‘(IV) intelligence or counterintel-
ligence matters; or 
‘‘(V) other matters the disclosure 
of which would constitute a serious 
threat to national security. 
‘‘(ii) AUTHORITY
TO
PROHIBIT
IN-
SPECTOR GENERAL FROM CARRYING OUT 
OR
COMPLETING
AUDIT
OR
INVESTIGA-
TION.—With respect to the information de-
scribed under clause (i), the Governors 
may prohibit the Inspector General from 
carrying out or completing any audit or in-
vestigation, or from issuing any subpoena, 
after such Inspector General has decided 
to initiate, carry out, or complete such 
audit or investigation or to issue such sub-
poena, if the Governors determine that 
such prohibition is necessary to prevent the 
disclosure of any information described 
under clause (i) or to prevent significant 
impairment to the national interests of the 
United States. 
‘‘(iii) NOTIFICATION OF REASONS FOR 
EXERCISE
OF
POWER.—If the Governors 
exercise any power under clause (i) or (ii), 
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119 
the Governors shall notify the Inspector 
General in writing, stating the reasons for 
such exercise. Within 30 days after receipt 
of any such notice, the Inspector General 
shall transmit a copy of such notice to the 
Committee on Homeland Security and 
Governmental Affairs of the Senate and 
the Committee on Oversight and Reform of 
the House of Representatives, and to other 
appropriate committees or subcommittees 
of the Congress. 
‘‘(B) INITIATING, CONDUCTING, AND SU-
PERVISING
AUDITS
AND
INVESTIGATIONS.—In 
carrying out the duties and responsibilities 
specified in this chapter, the Inspector Gen-
eral— 
‘‘(i) may initiate, conduct, and super-
vise such audits and investigations in the 
United States Postal Service as the Inspec-
tor General considers appropriate; and 
‘‘(ii) shall give particular regard to 
the activities of the Postal Inspection Serv-
ice with a view toward avoiding duplication 
and ensuring effective coordination and co-
operation. 
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120 
‘‘(C) REPORTING
SERIOUS
PROBLEMS, 
ABUSES, OR
DEFICIENCIES.—Any report re-
quired to be transmitted by the Governors to 
the appropriate committees or subcommittees of 
the Congress under section 405(e) of this title 
shall also be transmitted, within the 7-day pe-
riod specified under such section, to the Com-
mittee on Homeland Security and Govern-
mental Affairs of the Senate and the Committee 
on Oversight and Reform of the House of Rep-
resentatives. 
‘‘(4) LIMITATION.—Nothing in this chapter 
shall restrict, eliminate, or otherwise adversely affect 
any of the rights, privileges, or benefits of either em-
ployees of the United States Postal Service, or labor 
organizations representing employees of the United 
States Postal Service, under chapter 12 of title 39, 
the National Labor Relations Act, any handbook or 
manual affecting employee labor relations with the 
United States Postal Service, or any collective bar-
gaining agreement. 
‘‘(5) DEFINITION OF GOVERNORS.—In this sub-
section, the term ‘Governors’ has the meaning given 
the term by section 102(3) of title 39. 
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‘‘(6) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated, out of the 
Postal Service Fund, such sums as may be necessary 
for the Office of Inspector General of the United 
States Postal Service. 
‘‘(g) SPECIAL APPLICATION.— 
‘‘(1) SECTIONS 404, 405, 406, AND 407.—Sections 
404, 405, 406 (other than paragraphs (7) and (8) 
of section 406(a)), and 407 of this title shall apply 
to each Inspector General and Office of Inspector 
General of a designated Federal entity, and such 
sections shall be applied to each designated Federal 
entity and head of the designated Federal entity (as 
defined under subsection (a)) by substituting— 
‘‘(A) ‘designated Federal entity’ for ‘estab-
lishment’; and 
‘‘(B) ‘head of the designated Federal enti-
ty’ for ‘head of the establishment’. 
‘‘(2) PERSONNEL.—In addition to the other au-
thorities specified in this chapter, an Inspector Gen-
eral is authorized to select, appoint, and employ 
such officers and employees as may be necessary for 
carrying out the functions, powers, and duties of the 
Office of Inspector General and to obtain the tem-
porary or intermittent services of experts or consult-
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122 
ants or an organization of experts or consultants, 
subject to the applicable laws and regulations that 
govern such selections, appointments, and employ-
ment, and the obtaining of such services, within the 
designated Federal entity. 
‘‘(3) APPLICATION OF SECTION 412(a).—Not-
withstanding the last sentence of subsection (d)(1) 
of this section, the provisions of subsection (a) of 
section 412 of this title (other than the provisions of 
subparagraphs (A), (B), (C), and (E) of subsection 
(a)(1) of section 412 of this title) shall apply to the 
Inspector General of the Board of Governors of the 
Federal Reserve System and the Bureau of Con-
sumer Financial Protection and the Chairman of the 
Board of Governors of the Federal Reserve System 
in the same manner as such provisions apply to the 
Inspector General of the Department of the Treas-
ury and the Secretary of the Treasury, respectively. 
‘‘(4) 
COUNSEL.—Each 
Inspector 
General 
shall— 
‘‘(A) in accordance with applicable laws 
and regulations governing appointments within 
the designated Federal entity, appoint a Coun-
sel to the Inspector General who shall report to 
the Inspector General; 
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‘‘(B) obtain the services of a counsel ap-
pointed by and directly reporting to another In-
spector General on a reimbursable basis; or 
‘‘(C) obtain the services of appropriate 
staff of the Council of the Inspectors General 
on Integrity and Efficiency on a reimbursable 
basis. 
‘‘(h) ANNUAL LISTING AND REPORT.— 
‘‘(1) LISTING.—Each year, the Director of the 
Office of Management and Budget, after consulta-
tion with the Comptroller General of the United 
States, shall publish in the Federal Register a list of 
the Federal entities and designated Federal entities 
and if the designated Federal entity is not a board 
or commission, include the head of each such entity 
(as defined under subsection (a)). 
‘‘(2) REPORT.—On October 31 of each year, 
the head of each Federal entity (as defined under 
subsection (a)) shall prepare and transmit to the Di-
rector of the Office of Management and Budget and 
to each House of the Congress a report that— 
‘‘(A) states whether there has been estab-
lished in the Federal entity an office that meets 
the requirements of this section; 
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‘‘(B) specifies the actions taken by the 
Federal entity otherwise to ensure that audits 
are conducted of its programs and operations in 
accordance with the standards for audit of gov-
ernmental organizations, programs, activities, 
and functions issued by the Comptroller Gen-
eral of the United States, and includes a list of 
each audit report completed by a Federal or 
non-Federal auditor during the reporting period 
and a summary of any particularly significant 
findings; and 
‘‘(C) summarizes any matters relating to 
the personnel, programs, and operations of the 
Federal entity referred to prosecutive authori-
ties, including a summary description of any 
preliminary investigation conducted by or at the 
request of the Federal entity concerning these 
matters, and the prosecutions and convictions 
which have resulted. 
‘‘§ 416. Additional provisions with respect to Inspec-
tors General of the intelligence commu-
nity 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) INTELLIGENCE
COMMITTEES.—The term 
‘intelligence committees’ means the Permanent Se-
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125 
lect Committee on Intelligence of the House of Rep-
resentatives and the Select Committee on Intel-
ligence of the Senate. 
‘‘(2) URGENT
CONCERN.—The term ‘urgent 
concern’ means any of the following: 
‘‘(A) A serious or flagrant problem, abuse, 
violation of law or Executive order, or defi-
ciency relating to the funding, administration, 
or operations of an intelligence activity involv-
ing classified information, but does not include 
differences of opinions concerning public policy 
matters. 
‘‘(B) A false statement to Congress, or a 
willful withholding from Congress, on an issue 
of material fact relating to the funding, admin-
istration, or operation of an intelligence activ-
ity. 
‘‘(C) An action, including a personnel ac-
tion described in section 2302(a)(2)(A) of this 
title constituting reprisal or threat of reprisal 
prohibited under section 407(c) of this title in 
response to an employee’s reporting an urgent 
concern in accordance with this section. 
‘‘(b) COMPLAINT OR INFORMATION WITH RESPECT 
TO URGENT CONCERN.— 
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126 
‘‘(1) TO WHOM REPORTS MAY BE MADE.— 
‘‘(A) INSPECTOR
GENERAL
OF
DEPART-
MENT OF DEFENSE.—An employee of the De-
fense 
Intelligence 
Agency, 
the 
National 
Geospatial-Intelligence Agency, the National 
Reconnaissance Office, or the National Security 
Agency, or of a contractor of any of those 
Agencies, who intends to report to Congress a 
complaint or information with respect to an ur-
gent concern may report the complaint or infor-
mation to the Inspector General of the Depart-
ment of Defense (or designee). 
‘‘(B) INSPECTOR
GENERAL
OF
INTEL-
LIGENCE COMMUNITY.—An employee of an ele-
ment of the intelligence community, an em-
ployee assigned or detailed to an element of the 
intelligence community, or an employee of a 
contractor to the intelligence community, who 
intends to report to Congress a complaint or in-
formation with respect to an urgent concern 
may report such complaint or information to 
the Inspector General of the Intelligence Com-
munity. 
‘‘(C) INSPECTOR
GENERAL
OF
DEPART-
MENT OF JUSTICE.—An employee of the Fed-
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127 
eral Bureau of Investigation, or of a contractor 
of the Bureau, who intends to report to Con-
gress a complaint or information with respect to 
an urgent concern may report the complaint or 
information to the Inspector General of the De-
partment of Justice (or designee). 
‘‘(D) OTHER
APPROPRIATE
INSPECTOR 
GENERAL.—Any other employee of, or con-
tractor to, an executive agency, or element or 
unit thereof, determined by the President under 
section 2302(a)(2)(C)(ii) of this title, to have as 
its principal function the conduct of foreign in-
telligence or counterintelligence activities, who 
intends to report to Congress a complaint or in-
formation with respect to an urgent concern 
may report the complaint or information to the 
appropriate Inspector General (or designee) 
under this chapter, section 17 of the Central 
Intelligence Agency Act of 1949 (50 U.S.C. 
3517), or section 103H(k) of the National Se-
curity Act of 1947 (50 U.S.C. 3033(k)). 
‘‘(2) DESIGNEE TO REPORT COMPLAINT OR IN-
FORMATION
TO
INSPECTOR
GENERAL
WITHIN
DAYS.—If a designee of an Inspector General under 
this section receives a complaint or information of 
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128 
an employee with respect to an urgent concern, that 
designee shall report the complaint or information to 
the Inspector General within 7 calendar days of re-
ceipt. 
‘‘(3) DESIGNEES OF INSPECTOR GENERAL OF 
DEPARTMENT OF DEFENSE.—The Inspectors Gen-
eral of the Defense Intelligence Agency, the National 
Geospatial-Intelligence Agency, the National Recon-
naissance Office, and the National Security Agency 
shall be designees of the Inspector General of the 
Department of Defense for purposes of this section. 
‘‘(c) INITIAL
DETERMINATIONS
AND
TRANSMIT-
TALS.— 
‘‘(1) CREDIBILITY.—Not later than the end of 
the 14-calendar day period beginning on the date of 
receipt of an employee complaint or information 
under subsection (b), the Inspector General shall de-
termine whether the complaint or information ap-
pears credible. Upon making such a determination, 
the Inspector General shall transmit to the head of 
the establishment notice of that determination, to-
gether with the complaint or information. 
‘‘(2) CONFLICT OF INTEREST.—If the head of 
an establishment determines that a complaint or in-
formation transmitted under paragraph (1) would 
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create a conflict of interest for the head of the estab-
lishment, the head of the establishment shall return 
the complaint or information to the Inspector Gen-
eral with that determination and the Inspector Gen-
eral shall make the transmission to the Director of 
National Intelligence and, if the establishment is 
within the Department of Defense, to the Secretary 
of Defense. In such a case, the requirements of this 
section for the head of the establishment apply to 
each recipient of the Inspector General’s trans-
mission. 
‘‘(d) FORWARDING TRANSMITTALS.—Upon receipt of 
a transmittal from the Inspector General under subsection 
(c), the head of the establishment shall, within 7 calendar 
days of such receipt, forward such transmittal to the intel-
ligence committees, together with any comments the head 
of the establishment considers appropriate. 
‘‘(e) SUBMITTING COMPLAINT OR INFORMATION TO 
CONGRESS.— 
‘‘(1) IN
GENERAL.—If the Inspector General 
does not find credible under subsection (c) a com-
plaint or information submitted to the Inspector 
General under subsection (b), or does not transmit 
the complaint or information to the head of the es-
tablishment in accurate form under subsection (c), 
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the employee (subject to paragraph (2)) may submit 
the complaint or information to Congress by con-
tacting either or both of the intelligence committees 
directly. 
‘‘(2) LIMITATION.—The employee may contact 
the intelligence committees directly as described in 
paragraph (1) only if the employee— 
‘‘(A) before making such a contact, fur-
nishes to the head of the establishment, 
through the Inspector General, a statement of 
the employee’s complaint or information and 
notice of the employee’s intent to contact the 
intelligence committees directly; and 
‘‘(B) obtains and follows from the head of 
the establishment, through the Inspector Gen-
eral, direction on how to contact the intelligence 
committees in accordance with appropriate se-
curity practices. 
‘‘(3) INTELLIGENCE
COMMITTEE
RECEIPT
OF 
COMPLAINT OR INFORMATION.—A member or em-
ployee of one of the intelligence committees who re-
ceives a complaint or information under paragraph 
(1) does so in that member or employee’s official ca-
pacity as a member or employee of that committee. 
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‘‘(f) NOTIFICATION.—The Inspector General shall 
notify an employee who reports a complaint or information 
under this section of each action taken under this section 
with respect to the complaint or information. Such notice 
shall be provided not later than 3 days after any such ac-
tion is taken. 
‘‘(g) NO JUDICIAL REVIEW.—An action taken by the 
head of an establishment or an Inspector General under 
subsections (b) through (f) shall not be subject to judicial 
review. 
‘‘(h) NOTICE OF SUBMISSION AND DATE.—An indi-
vidual who has submitted a complaint or information to 
an Inspector General under this section may notify any 
member of the Permanent Select Committee on Intel-
ligence of the House of Representatives or the Select Com-
mittee on Intelligence of the Senate, or a staff member 
of either such Committee, of the fact that such individual 
has made a submission to that particular Inspector Gen-
eral, and of the date on which such submission was made. 
‘‘§ 417. Special provisions concerning the Department 
of Homeland Security 
‘‘(a) IN GENERAL.— 
‘‘(1) AUTHORITY OF SECRETARY OF HOMELAND 
SECURITY OVER CERTAIN AUDITS AND INVESTIGA-
TIONS.—Notwithstanding the 2d sentence and last 
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132 
sentence of section 403(a) of this title, the Inspector 
General of the Department of Homeland Security 
shall be under the authority, direction, and control 
of the Secretary of Homeland Security with respect 
to audits or investigations, or the issuance of sub-
poenas, that require access to sensitive information 
concerning— 
‘‘(A) intelligence, counterintelligence, or 
counterterrorism matters; 
‘‘(B) ongoing criminal investigations or 
proceedings; 
‘‘(C) undercover operations; 
‘‘(D) the identity of confidential sources, 
including protected witnesses; 
‘‘(E) other matters the disclosure of which 
would, in the Secretary’s judgment, constitute a 
serious threat to the protection of any person or 
property authorized protection by section 3056 
of title 18, section 3056A of title 18, or any 
provision of the Presidential Protection Assist-
ance Act of 1976 (18 U.S.C. 3056 note); or 
‘‘(F) other matters the disclosure of which 
would constitute a serious threat to national se-
curity. 
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‘‘(2) AUTHORITY OF SECRETARY OF HOMELAND 
SECURITY
TO
PROHIBIT
CARRYING
OUT
OR
COM-
PLETING
AUDITS
OR
INVESTIGATIONS.—With re-
spect to the information described in paragraph (1), 
the Secretary of Homeland Security may prohibit 
the Inspector General of the Department of Home-
land Security from carrying out or completing any 
audit or investigation, from accessing information 
described in paragraph (1), or from issuing any sub-
poena, after such Inspector General has decided to 
initiate, carry out, or complete such audit or inves-
tigation, access such information, or to issue such 
subpoena, if the Secretary determines that such pro-
hibition is necessary to prevent the disclosure of any 
information described in paragraph (1), to preserve 
the national security, or to prevent a significant im-
pairment to the interests of the United States. 
‘‘(3) NOTIFICATION OF EXERCISE OF POWER.— 
If the Secretary of Homeland Security exercises any 
power under paragraph (1) or (2), the Secretary 
shall notify the Inspector General of the Department 
of Homeland Security in writing within 7 days, stat-
ing the reasons for such exercise. Within 30 days 
after receipt of any such notice, the Inspector Gen-
eral shall transmit to the President of the Senate, 
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the Speaker of the House of Representatives, and 
appropriate committees and subcommittees of Con-
gress the following— 
‘‘(A) a copy of such notice; and 
‘‘(B) a written response to such notice that 
includes a statement regarding whether the In-
spector General agrees or disagrees with such 
exercise, and the reasons for any disagreement. 
‘‘(b) NOT A LIMITATION ON CONGRESSIONAL ACCESS 
TO INFORMATION.—The exercise of authority by the Sec-
retary described in subsection (a)(2) should not be con-
strued as limiting the right of Congress or any committee 
of Congress to access any information it seeks. 
‘‘(c) AUTHORITY OF INSPECTOR GENERAL TO INI-
TIATE, CONDUCT, AND SUPERVISE AUDITS AND INVES-
TIGATIONS.—Subject to the conditions established in sub-
sections (a) and (b), in carrying out the duties and respon-
sibilities specified in this chapter, the Inspector General 
of the Department of Homeland Security may initiate, 
conduct, and supervise such audits and investigations in 
the Department of Homeland Security as the Inspector 
General considers appropriate. 
‘‘(d) REPORTS.—Any report required to be trans-
mitted by the Secretary of Homeland Security to the ap-
propriate committees or subcommittees of Congress under 
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section 405(e) of this title shall be transmitted, within the 
7-day period specified in section 405(e) of this title, to 
the President of the Senate, the Speaker of the House of 
Representatives, and appropriate committees and sub-
committees of Congress. 
‘‘(e) 
OVERSIGHT
RESPONSIBILITY.—Notwith-
standing any other provision of law, in carrying out the 
duties and responsibilities specified in this chapter, the In-
spector General of the Department of Homeland Security 
shall have oversight responsibility for the internal inves-
tigations performed by the Office of Internal Affairs of 
the United States Customs Service, the Office of Inspec-
tions of the United States Secret Service, the Bureau of 
Border Security, and the Bureau of Citizenship and Immi-
gration Services. The head of each such office or bureau 
shall promptly report to the Inspector General the signifi-
cant activities being carried out by such office or bureau. 
‘‘(f) DESIGNATED SENIOR OFFICIAL.— 
‘‘(1) IN GENERAL.—The Inspector General of 
the Department of Homeland Security shall des-
ignate a senior official within the Office of Inspector 
General, who shall be a career member of the civil 
service at the equivalent to the GS–15 level or a ca-
reer member of the Senior Executive Service, to per-
form the functions described in paragraph (2). 
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‘‘(2) FUNCTIONS.—The senior official des-
ignated under paragraph (1) shall— 
‘‘(A) coordinate the activities of the Office 
of Inspector General with respect to investiga-
tions of abuses of civil rights or civil liberties; 
‘‘(B) receive and review complaints and in-
formation from any source alleging abuses of 
civil rights and civil liberties by employees or 
officials of the Department and employees or 
officials of independent contractors or grantees 
of the Department; 
‘‘(C) initiate investigations of alleged 
abuses of civil rights or civil liberties by employ-
ees or officials of the Department and employ-
ees or officials of independent contractors or 
grantees of the Department; 
‘‘(D) ensure that personnel within the Of-
fice of Inspector General receive sufficient 
training to conduct effective civil rights and 
civil liberties investigations; 
‘‘(E) consult with the Officer for Civil 
Rights and Civil Liberties regarding— 
‘‘(i) alleged abuses of civil rights or 
civil liberties; and 
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‘‘(ii) any policy recommendations re-
garding civil rights and civil liberties that 
may be founded upon an investigation by 
the Office of Inspector General; 
‘‘(F) provide the Officer for Civil Rights 
and Civil Liberties with information regarding 
the outcome of investigations of alleged abuses 
of civil rights and civil liberties; 
‘‘(G) refer civil rights and civil liberties 
matters that the Inspector General decides not 
to investigate to the Officer for Civil Rights and 
Civil Liberties; 
‘‘(H) ensure that the Office of the Inspec-
tor General publicizes and provides convenient 
public access to information regarding— 
‘‘(i) the procedure to file complaints 
or comments concerning civil rights and 
civil liberties matters; and 
‘‘(ii) the status of corrective actions 
taken by the Department in response to 
Office of the Inspector General reports; 
and 
‘‘(I) inform the Officer for Civil Rights and 
Civil Liberties of any weaknesses, problems, 
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and deficiencies within the Department relating 
to civil rights or civil liberties. 
‘‘§ 418. Rule of construction of special provisions 
‘‘The special provisions under section 408, 409, 410, 
411, 412, 413, 414, 416, or 421 of this title relate only 
to the establishment named in such section and no infer-
ence shall be drawn from the presence or absence of a 
provision in any such section with respect to an establish-
ment not named in such section or with respect to a des-
ignated Federal entity as defined under section 415(a) of 
this title. 
‘‘§ 419. Special provisions concerning overseas con-
tingency operations 
‘‘(a) ADDITIONAL RESPONSIBILITIES OF CHAIR OF 
COUNCIL OF INSPECTORS GENERAL ON INTEGRITY AND 
EFFICIENCY.—The Chair of the Council of Inspectors 
General on Integrity and Efficiency (CIGIE) shall, in con-
sultation with the members of the Council, have the addi-
tional responsibilities specified in subsection (b) with re-
spect to the Inspectors General specified in subsection (c) 
upon the earlier of— 
‘‘(1) the commencement or designation of a 
military operation as an overseas contingency oper-
ation that exceeds 60 days; or 
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‘‘(2) receipt of a notification under section 
113(n) of title 10 with respect to an overseas contin-
gency operation. 
‘‘(b) SPECIFIC RESPONSIBILITIES.—The responsibil-
ities specified in this subsection are the following: 
‘‘(1) DESIGNATE LEAD INSPECTOR GENERAL.— 
In consultation with the Inspectors General specified 
in subsection (c), to designate a lead Inspector Gen-
eral in accordance with subsection (d) to discharge 
the authorities of the lead Inspector General for the 
overseas contingency operation concerned as set 
forth in subsection (d). 
‘‘(2) RESOLVE CONFLICTS OF JURISDICTION.— 
To resolve conflicts of jurisdiction among the Inspec-
tors General specified in subsection (c) on investiga-
tions, inspections, and audits with respect to such 
contingency operation in accordance with subsection 
(d)(2)(B). 
‘‘(3) IDENTIFY OFFICE PERSONNEL.—To assist 
in identifying for the lead inspector general for such 
contingency operation, Inspectors General and in-
spector general office personnel available to assist 
the lead Inspector General and the other Inspectors 
General specified in subsection (c) on matters relat-
ing to such contingency operation. 
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140 
‘‘(c) INSPECTORS GENERAL.—The Inspectors Gen-
eral specified in this subsection are the Inspectors General 
as follows: 
‘‘(1) The Inspector General of the Department 
of Defense. 
‘‘(2) The Inspector General of the Department 
of State. 
‘‘(3) The Inspector General of the United 
States Agency for International Development. 
‘‘(d) LEAD INSPECTOR GENERAL
FOR OVERSEAS 
CONTINGENCY OPERATION.— 
‘‘(1) DESIGNATION.—A lead Inspector General 
for an overseas contingency operation shall be des-
ignated by the Chair of the Council of Inspectors 
General on Integrity and Efficiency under subsection 
(b)(1) not later than 30 days after the earlier of— 
‘‘(A) the commencement or designation of 
the military operation concerned as an overeas 
contingency operation that exceeds 60 days; or 
‘‘(B) receipt of a notification under section 
113(n) of title 10 with respect to an overseas 
contingency operation. 
The lead Inspector General for a contingency oper-
ation shall be designated from among the Inspectors 
General specified in subsection (c). 
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‘‘(2) RESPONSIBILITIES.—The lead Inspector 
General for an overseas contingency operation shall 
have the following responsibilities: 
‘‘(A) APPOINT ASSOCIATE INSPECTOR GEN-
ERAL.—To appoint, from among the offices of 
the other Inspectors General specified in sub-
section (c), an Inspector General to act as asso-
ciate Inspector General for the contingency op-
eration who shall act in a coordinating role to 
assist the lead Inspector General in the dis-
charge of responsibilities under this subsection. 
‘‘(B) STRATEGIC PLAN TO CONDUCT COM-
PREHENSIVE
OVERSIGHT.—To 
develop 
and 
carry out, in coordination with the offices of the 
other Inspectors General specified in subsection 
(c), a joint strategic plan to conduct com-
prehensive oversight over all aspects of the con-
tingency operation and to ensure through either 
joint or individual audits, inspections, and in-
vestigations, independent and effective oversight 
of all programs and operations of the Federal 
Government in support of the contingency oper-
ation. 
‘‘(C) ACCURACY OF INFORMATION.—To re-
view and ascertain the accuracy of information 
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provided by Federal agencies relating to obliga-
tions and expenditures, costs of programs and 
projects, accountability of funds, and the award 
and execution of major contracts, grants, and 
agreements in support of the contingency oper-
ation. 
‘‘(D) JURISDICTIONAL MATTERS.— 
‘‘(i) NO
INSPECTOR
GENERAL
WITH 
PRINCIPAL JURISDICTION.—If none of the 
Inspectors General specified in subsection 
(c) has principal jurisdiction over a matter 
with respect to the contingency operation, 
to identify and coordinate with the Inspec-
tor General who has principal jurisdiction 
over the matter to ensure effective over-
sight. 
‘‘(ii) MORE
THAN
ONE
INSPECTOR 
GENERAL
WITH
JURISDICTION.—If more 
than one of the Inspectors General speci-
fied in subsection (c) has jurisdiction over 
a matter with respect to the contingency 
operation, to determine principal jurisdic-
tion for discharging oversight responsibil-
ities in accordance with this chapter with 
respect to such matter. 
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‘‘(iii) INVESTIGATIONS.— 
‘‘(I) REQUEST
BY
INSPECTOR
GEN-
ERAL
WITH
PRINCIPAL
JURISDICTION.— 
Upon written request by the Inspector 
General with principal jurisdiction over a 
matter with respect to the contingency op-
eration, and with the approval of the lead 
Inspector General, an Inspector General 
specified in subsection (c) may provide in-
vestigative support or conduct an inde-
pendent investigation of an allegation of 
criminal activity by any United States per-
sonnel, contractor, subcontractor, grantee, 
or vendor in the applicable theater of oper-
ations. 
‘‘(II) NO INSPECTOR GENERAL WITH 
PRINCIPAL JURISDICTION.—In the case of 
a determination by the lead Inspector Gen-
eral that no Inspector General has prin-
cipal jurisdiction over a matter with re-
spect to the contingency operation, the 
lead Inspector General may— 
‘‘(aa) conduct an independent in-
vestigation of an allegation described 
in subclause (I); or 
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‘‘(bb) request that an Inspector 
General specified in subsection (c) 
conduct such investigation. 
‘‘(E) PERSONNEL.—To employ, or author-
ize the employment by the other Inspectors 
General specified in subsection (c), on a tem-
porary basis using the authorities in section 
3161 of this title (without regard to subsection 
(b)(2) of that section), such auditors, investiga-
tors, and other personnel as the lead Inspector 
General considers appropriate to assist the lead 
Inspector General and such other Inspectors 
General on matters relating to the contingency 
operation. 
‘‘(F) REPORT ON ACTIVITY.—To submit to 
Congress on a bi-annual basis, and to make 
available on an internet website available to the 
public, a report on the activities of the lead In-
spector General and the other Inspectors Gen-
eral specified in subsection (c) with respect to 
the contingency operation, including— 
‘‘(i) the status and results of inves-
tigations, inspections, and audits and of 
referrals to the Department of Justice; and 
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‘‘(ii) overall plans for the review of the 
contingency operation by inspectors gen-
eral, including plans for investigations, in-
spections, and audits. 
‘‘(G) REPORT
ON
CONTINGENCY
OPER-
ATION.—To submit to Congress on a quarterly 
basis, and to make available on an Internet 
website available to the public, a report on the 
contingency operation. 
‘‘(H) 
OTHER
RESPONSIBILITIES.—To 
carry out such other responsibilities relating to 
the coordination and efficient and effective dis-
charge by the Inspectors General specified in 
subsection (c) of duties relating to the contin-
gency operation as the lead Inspector General 
shall specify. 
‘‘(I) ENHANCING
COOPERATION.—To en-
hance cooperation among Inspectors General 
and encourage comprehensive oversight of the 
contingency operation, any Inspector General 
responsible for conducting oversight of any pro-
gram or operation performed in support of the 
contingency operation may, to the maximum ex-
tent practicable and consistent with the duties, 
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146 
responsibilities, policies, and procedures of that 
Inspector General— 
‘‘(i) coordinate such oversight activi-
ties with the lead Inspector General; and 
‘‘(ii) provide information requested by 
the lead Inspector General relating to the 
responsibilities of the lead Inspector Gen-
eral described in subparagraphs (B), (C), 
and (G). 
‘‘(3) EMPLOYMENT OF ANNUITANTS.— 
‘‘(A) IN
GENERAL.—The lead Inspector 
General for an overseas contingency operation 
may employ, or authorize the employment by 
the other Inspectors General specified in sub-
section (c) of, annuitants covered by section 
9902(g) of this title, for purposes of assisting 
the lead Inspector General in discharging re-
sponsibilities under this subsection with respect 
to the contingency operation. 
‘‘(B) DEEMED
DEPARTMENT
OF
DE-
FENSE.—The employment of annuitants under 
this paragraph shall be subject to the provisions 
of section 9902(g) of this title as if the lead In-
spector General concerned was the Department 
of Defense. 
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‘‘(C) FOREIGN SERVICE ANNUITANTS.— 
‘‘(i) CONTINUANCE OF ANNUITY.—An 
annuitant receiving an annuity under the 
Foreign Service Retirement and Disability 
System or the Foreign Service Pension 
System under chapter 8 of title I of the 
Foreign Service Act of 1980 (22 U.S.C. 
4041 et seq.) who is reemployed under this 
subsection— 
‘‘(I) shall continue to receive the 
annuity; and 
‘‘(II) shall not be considered a 
participant for purposes of chapter 8 
of title I of the Foreign Service Act of 
1980 (22 U.S.C. 4041 et seq.) or an 
employee for purposes of subchapter 
III of chapter 83 or chapter 84 of this 
title. 
‘‘(ii) ELECTION
REGARDING
REEM-
PLOYMENT.—An annuitant described in 
clause (i) may elect in writing for the re-
employment of the annuitant under this 
subsection to be subject to section 824 of 
the Foreign Service Act of 1980 (22 
U.S.C. 4064). A reemployed annuitant 
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shall make an election under this clause 
not later than 90 days after the date of the 
reemployment of the annuitant. 
‘‘(4) DISCHARGE OF RESPONSIBILITIES IN AC-
CORDANCE
WITH
CHAPTER.—The lead Inspector 
General for an overseas contingency operation shall 
discharge the responsibilities for the contingency op-
eration under this subsection in a manner consistent 
with the authorities and requirements of this chapter 
generally and the authorities and requirements ap-
plicable to the Inspectors General specified in sub-
section (c) under this chapter. 
‘‘(5) CCOMPETITIVE
STATUS
FOR
APPOINT-
MENT.— 
‘‘(A) IN GENERAL.—A person employed by 
a lead Inspector General for an overseas contin-
gency operation under this section shall acquire 
competitive status for appointment to any posi-
tion in the competitive service for which the em-
ployee possesses the required qualifications 
upon the completion of 2 years of continuous 
service as an employee under this section. 
‘‘(B) LIMITATION.—No person who is first 
employed as described in subparagraph (A) 
more than 2 years after December 19, 2019, 
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149 
may acquire competitive status under subpara-
graph (A). 
‘‘(e) SUNSET FOR PARTICULAR CONTINGENCY OPER-
ATIONS.—The requirements and authorities of this section 
with respect to an overseas contingency operation shall 
cease at the end of the first fiscal year after the com-
mencement or designation of the contingency operation in 
which the total amount appropriated for the contingency 
operation is less than $100,000,000. 
‘‘(f) CONSTRUCTION
OF AUTHORITY.—Nothing in 
this section shall be construed to limit the ability of the 
Inspectors General specified in subsection (c) to enter into 
agreements to conduct joint audits, inspections, or inves-
tigations in the exercise of their oversight responsibilities 
in accordance with this chapter with respect to overseas 
contingency operations. 
‘‘§ 420. Information on websites of Offices of Inspec-
tors General 
‘‘(a) DIRECT LINKS TO INSPECTORS GENERAL OF-
FICES.— 
‘‘(1) IN GENERAL.—Each Federal agency and 
designated Federal entity shall establish and main-
tain on the homepage of the website of that Federal 
agency or designated Federal entity, a direct link to 
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the website of the Office of the Inspector General of 
that Federal agency or designated Federal entity. 
‘‘(2) ACCESSIBILITY.—The direct link under 
paragraph (1) shall be obvious and facilitate accessi-
bility to the website of the Office of the Inspector 
General. 
‘‘(b) REQUIREMENTS
FOR INSPECTORS GENERAL 
WEBSITES.— 
‘‘(1) POSTING OF REPORTS AND AUDITS.—The 
Inspector General of each Federal agency and des-
ignated Federal entity shall— 
‘‘(A) not later than 3 days after any audit 
report, inspection report, or evaluation report 
(or portion of any such report) is submitted in 
final form to the head of the Federal agency or 
the head of the designated Federal entity, as 
applicable, post that report (or portion of that 
report) on the website of the Office of Inspector 
General; and 
‘‘(B) ensure that any posted report (or 
portion of that report) described under sub-
paragraph (A)— 
‘‘(i) is easily accessible from a direct 
link on the homepage of the website of the 
Office of the Inspector General; 
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‘‘(ii) includes a summary of the find-
ings of the Inspector General; and 
‘‘(iii) is in a format that— 
‘‘(I) 
is 
searchable 
and 
downloadable; and 
‘‘(II) facilitates printing by indi-
viduals of the public accessing the 
website. 
‘‘(2) REPORTING
OF
FRAUD, 
WASTE, 
AND 
ABUSE.— 
‘‘(A) IN GENERAL.—The Inspector General 
of each Federal agency and designated Federal 
entity shall establish and maintain a direct link 
on the homepage of the website of the Office of 
the Inspector General for individuals to report 
fraud, waste, and abuse. Individuals reporting 
fraud, waste, or abuse using the direct link es-
tablished under this paragraph shall not be re-
quired to provide personally identifying infor-
mation relating to that individual. 
‘‘(B) ANONYMITY.—The Inspector General 
of each Federal agency and designated Federal 
entity shall not disclose the identity of any indi-
vidual making a report under this paragraph 
without the consent of the individual unless the 
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Inspector General determines that such a dis-
closure is unavoidable during the course of the 
investigation. 
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection shall be construed as authorizing an 
Inspector General to publicly disclose information 
otherwise prohibited from disclosure by law. 
‘‘(c) DEFINITIONS.—In this section, the terms ‘des-
ignated Federal entity’ and ‘head of the designated Fed-
eral entity’ have the meanings given those terms in section 
415(a) of this title. 
‘‘§ 421. Additional provisions with respect to the De-
partment of Energy 
‘‘(a) AUTHORITY TO PROHIBIT ACCESS TO CERTAIN 
MATERIALS.—The Secretary of Energy may prohibit the 
Inspector General of the Department of Energy from ac-
cessing Restricted Data and nuclear safeguards informa-
tion protected from disclosure under chapter 12 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2161 et seq.) and 
intelligence or counterintelligence, as defined in section 3 
of the National Security Act of 1947 (50 U.S.C. 3003), 
if the Secretary of Energy determines that the prohibition 
is necessary to protect the national security or prevent the 
significant impairment to the national security interests 
of the United States. 
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‘‘(b) NOTIFICATION TO INSPECTOR GENERAL AND 
STATEMENT TO CONGRESS.—Not later than 7 days after 
the date on which the Secretary of Energy exercises any 
power authorized under subsection (a), the Secretary shall 
notify the Inspector General of the Department of Energy 
in writing of the reasons for such exercise. Within 30 days 
after receipt of any such notice, the Inspector General of 
the Department of Energy shall submit to the appropriate 
committees of Congress a statement concerning such exer-
cise. 
‘‘§ 422. Transfer of functions 
‘‘(a) IN GENERAL.—There shall be transferred— 
‘‘(1) to the Office of Inspector General— 
‘‘(A) of the Department of Agriculture, the 
offices of that department referred to as the 
‘Office of Investigation’ and the ‘Office of 
Audit’; 
‘‘(B) of the Department of Commerce, the 
offices of that department referred to as the 
‘Office of Audits’ and the ‘Investigations and 
Inspections Staff’ and that portion of the office 
referred to as the ‘Office of Investigations and 
Security’ which has responsibility for investiga-
tion of alleged criminal violations and program 
abuse; 
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‘‘(C) of the Department of Defense, the of-
fices of that department referred to as the ‘De-
fense Audit Service’ and the ‘Office of Inspector 
General, Defense Logistics Agency’, and that 
portion of the office of that department referred 
to as the ‘Defense Investigative Service’ which 
has responsibility for the investigation of al-
leged criminal violations; 
‘‘(D) of the Department of Education, all 
functions of the Inspector General of Health, 
Education, and Welfare or of the Office of In-
spector General of Health, Education, and Wel-
fare relating to functions transferred by section 
301 of the Department of Education Organiza-
tion Act (20 U.S.C. 3441); 
‘‘(E) of the Department of Energy, the Of-
fice of Inspector General (as established by sec-
tion 208 of the Department of Energy Organi-
zation Act); 
‘‘(F) of the Department of Health and 
Human Services, the Office of Inspector Gen-
eral (as established by title II of Public Law 
94–505); 
‘‘(G) of the Department of Housing and 
Urban Development, the office of that depart-
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ment referred to as the ‘Office of Inspector 
General’; 
‘‘(H) of the Department of the Interior, 
the office of that department referred to as the 
‘Office of Audit and Investigation’; 
‘‘(I) of the Department of Justice— 
‘‘(i) the offices of that Department re-
ferred to as— 
‘‘(I) the ‘Audit Staff, Justice 
Management Division’; 
‘‘(II) the ‘Policy and Procedures 
Branch, Office of the Comptroller, 
Immigration and Naturalization Serv-
ice’, the ‘Office of Professional Re-
sponsibility, Immigration and Natu-
ralization Service’, and the ‘Office of 
Program 
Inspections, 
Immigration 
and Naturalization Service’; 
‘‘(III) the ‘Office of Internal In-
spection, 
United 
States 
Marshals 
Service’; and 
‘‘(IV) the ‘Financial Audit Sec-
tion, Office of Financial Management, 
Bureau of Prisons’ and the ‘Office of 
Inspections, Bureau of Prisons’; and 
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‘‘(ii) from the Drug Enforcement Ad-
ministration, that portion of the ‘Office of 
Inspections’ which is engaged in internal 
audit activities, and that portion of the 
‘Office of Planning and Evaluation’ which 
is engaged in program review activities; 
‘‘(J) of the Department of Labor, the of-
fice of that department referred to as the ‘Of-
fice of Special Investigations’; 
‘‘(K) of the Department of Transportation, 
the offices of that department referred to as the 
‘Office of Investigations and Security’ and the 
‘Office of Audit’ of the Department, the ‘Offices 
of Investigations and Security, Federal Aviation 
Administration’, and ‘External Audit Divisions, 
Federal Aviation Administration’, the ‘Inves-
tigations Division and the External Audit Divi-
sion of the Office of Program Review and In-
vestigation, Federal Highway Administration’, 
and the ‘Office of Program Audits, Federal 
Transit Administration’; 
‘‘(L)(i) of the Department of the Treasury, 
the office of that department referred to as the 
‘Office of Inspector General’, and, notwith-
standing any other provision of law, that por-
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tion of each of the offices of that department 
referred to as the ‘Office of Internal Affairs, 
Tax and Trade Bureau’, the ‘Office of Internal 
Affairs, United States Customs Service’, and 
the ‘Office of Inspections, United States Secret 
Service’ which is engaged in internal audit ac-
tivities; and 
‘‘(ii) of the Treasury Inspector General for 
Tax Administration, effective 180 days after 
July 22, 1998, the Office of Chief Inspector of 
the Internal Revenue Service; 
‘‘(M) of the Environmental Protection 
Agency, the offices of that agency referred to as 
the ‘Office of Audit’ and the ‘Security and In-
spection Division’; 
‘‘(N) of the Federal Emergency Manage-
ment Agency, the office of that agency referred 
to as the ‘Office of Inspector General’; 
‘‘(O) of the General Services Administra-
tion, the offices of that agency referred to as 
the ‘Office of Audits’ and the ‘Office of Inves-
tigations’; 
‘‘(P) of the National Aeronautics and 
Space Administration, the offices of that agency 
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