(Title 5 Appendix)
§ 8L. Special Provisions Concerning Overseas Contingency 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 consultation with the members of the Council, have the additional responsibilities specified in subsection (b) with respect 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 operation that exceeds 60 days; or
(2) receipt of a notification under section 113(n) of title 10, United States Code, with respect to an overseas contingency operation.
(b) Specific Responsibilities.—
The responsibilities specified in this subsection are the following:
(1) In consultation with the Inspectors General specified in subsection (c), to designate a lead Inspector General 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) To resolve conflicts of jurisdiction among the Inspectors General specified in subsection (c) on investigations, inspections, and audits with respect to such contingency operation in accordance with subsection (d)(2)(B).
(3) To assist in identifying for the lead inspector general for such contingency operation, Inspectors General and inspector general office personnel available to assist the lead Inspector General and the other Inspectors General specified in subsection (c) on matters relating to such contingency operation.
(c) Inspectors General.—
The Inspectors General 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) A lead Inspector General for an overseas contingency operation shall be designated 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 overseas contingency operation that exceeds 60 days; or
(B) receipt of a notification under section 113(n) of title 10, United States Code, with respect to an overseas contingency operation.
The lead Inspector General for a contingency operation shall be designated from among the Inspectors General specified in subsection (c).
(2) The lead Inspector General for an overseas contingency operation shall have the following responsibilities:
(A) To appoint, from among the offices of the other Inspectors General specified in subsection (c), an Inspector General to act as associate Inspector General for the contingency operation who shall act in a coordinating role to assist the lead Inspector General in the discharge of responsibilities under this subsection.
(B) 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 comprehensive oversight over all aspects of the contingency operation and to ensure through either joint or individual audits, inspections, and investigations, independent and effective oversight of all programs and operations of the Federal Government in support of the contingency operation.
(C) To review and ascertain the accuracy of information provided by Federal agencies relating to obligations 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 operation.
(D)
(i) 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 Inspector General who has principal jurisdiction over the matter to ensure effective oversight.
(ii) If more than one of the Inspectors General specified in subsection (c) has jurisdiction over a matter with respect to the contingency operation, to determine principal jurisdiction for discharging oversight responsibilities in accordance with this Act with respect to such matter.
(iii)
(I) Upon written request by the Inspector General with principal jurisdiction over a matter with respect to the contingency operation, and with the approval of the lead Inspector General, an Inspector General specified in subsection (c) may provide investigative support or conduct an independent investigation of an allegation of criminal activity by any United States personnel, contractor, subcontractor, grantee, or vendor in the applicable theater of operations.
(II) In the case of a determination by the lead Inspector General that no Inspector General has principal jurisdiction over a matter with respect to the contingency operation, the lead Inspector General may—
(aa) conduct an independent investigation of an allegation described in subclause (I); or
(bb) request that an Inspector General specified in subsection (c) conduct such investigation.
(E) To employ, or authorize the employment by the other Inspectors General specified in subsection (c), on a temporary basis using the authorities in section 3161 of title 5, United States Code,1 (without regard to subsection (b)(2) of such section) such auditors, investigators, 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) 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 Inspector General and the other Inspectors General specified in subsection (c) with respect to the contingency operation, including—
(i) the status and results of investigations, inspections, and audits and of referrals to the Department of Justice; and
(ii) overall plans for the review of the contingency operation by inspectors general, including plans for investigations, inspections, and audits.
(G) 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) To carry out such other responsibilities relating to the coordination and efficient and effective discharge by the Inspectors General specified in subsection (c) of duties relating to the contingency operation as the lead Inspector General shall specify.
(I) To enhance cooperation among Inspectors General and encourage comprehensive oversight of the contingency operation, any Inspector General responsible for conducting oversight of any program or operation performed in support of the contingency operation may, to the maximum extent practicable and consistent with the duties, responsibilities, policies, and procedures of such Inspector General—
(i) coordinate such oversight activities with the lead Inspector General; and
(ii) provide information requested by the lead Inspector General relating to the responsibilities of the lead Inspector General described in subparagraphs (B), (C), and (G).
(3)
(A) The lead Inspector General for an overseas contingency operation may employ, or authorize the employment by the other Inspectors General specified in subsection (c) of, annuitants covered by section 9902(g) of title 5, United States Code, for purposes of assisting the lead Inspector General in discharging responsibilities under this subsection with respect to the contingency operation.
(B) The employment of annuitants under this paragraph shall be subject to the provisions of section 9902(g) of title 5, United States Code, as if the lead Inspector General concerned was the Department of Defense.
(C)
(i) 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 title 5, United States Code.
(ii) An annuitant described in clause (i) may elect in writing for the reemployment 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 shall make an election under this clause not later than 90 days after the date of the reemployment of the annuitant.
(4) The lead Inspector General for an overseas contingency operation shall discharge the responsibilities for the contingency operation under this subsection in a manner consistent with the authorities and requirements of this Act generally and the authorities and requirements applicable to the Inspectors General specified in subsection (c) under this Act.
(5)
(A) A person employed by any of the Inspectors General specified in subsection (c) for oversight of an overseas contingency operation under this section shall acquire competitive status for appointment to any position in the competitive service for which the employee possesses the required qualifications upon the completion of 2 years of continuous service as an employee under this section.
(B) No person who is first employed as described in subparagraph (A) more than 2 years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020 may acquire competitive status under subparagraph (A).
(e) Sunset for Particular Contingency Operations.—
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 commencement 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 investigations in the exercise of their oversight responsibilities in accordance with this Act with respect to overseas contingency operations.
(Pub. L. 95–452, § 8L, as added Pub. L. 112–239, div. A, title VIII, § 848(2), Jan. 2, 2013, 126 Stat. 1851; amended Pub. L. 116–92, div. A, title XVII, §§ 1732(b)–1734, Dec. 20, 2019, 133 Stat. 1817, 1818; Pub. L. 117–81, div. E, title LIII, § 5321, Dec. 27, 2021, 135 Stat. 2368.)
heading: Editorial Notes
heading: References in Text
text: The Foreign Service Act of 1980, referred to in subsec. (d)(3)(C)(i), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071. Chapter 8 of title I of the Act is classified generally to part I (§ 4041 et seq.) of subchapter VIII of chapter 52 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of Title 22 and Tables.
The date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, referred to in subsec. (d)(5)(B), is the date of enactment of Pub. L. 116–92, which was approved Dec. 20, 2019.
heading: Prior Provisions
text: A prior section 8L of the Inspector General Act of 1978 was renumbered section 8M by Pub. L. 112–239.
heading: Amendments
text: 2021—Subsec. (d)(5)(A). Pub. L. 117–81 substituted “any of the Inspectors General specified in subsection (c) for oversight of” for “a lead Inspector General for”.
2019—Subsec. (a). Pub. L. 116–92, § 1732(b)(1), substituted “The Chair” for “Upon the commencement or designation of a military operation as an overseas contingency operation that exceeds 60 days, the Chair” and inserted before period at end “upon the earlier of—
“(1) the commencement or designation of a military operation as an overseas contingency operation that exceeds 60 days; or
“(2) receipt of a notification under section 113(n) of title 10, United States Code, with respect to an overseas contingency operation”.
Subsec. (d)(1). Pub. L. 116–92, § 1732(b)(2), substituted “the earlier of—
“(A) the commencement or designation of the military operation concerned as an overseas contingency operation that exceeds 60 days; or
“(B) receipt of a notification under section 113(n) of title 10, United States Code, with respect to an overseas contingency operation”
for “the commencement or designation of the military operation concerned as an overseas contingency operation that exceeds 60 days”.
Subsec. (d)(2)(D)(i). Pub. L. 116–92, § 1733(1)(A), substituted “to identify and coordinate with the Inspector General who has principal jurisdiction over the matter to ensure effective oversight” for “to exercise responsibility for discharging oversight responsibilities in accordance with this Act with respect to such matter”.
Subsec. (d)(2)(D)(iii). Pub. L. 116–92, § 1733(1)(B), added cl. (iii).
Subsec. (d)(2)(E). Pub. L. 116–92, § 1734(1), inserted “(without regard to subsection (b)(2) of such section)” after “United States Code,”.
Subsec. (d)(2)(I). Pub. L. 116–92, § 1733(2), added subpar. (I).
Subsec. (d)(3)(C). Pub. L. 116–92, § 1734(2), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “The period of employment of an annuitant under this paragraph may not exceed three years, except that the period may be extended for up to an additional two years in accordance with the regulations prescribed pursuant to section 3161(b)(2) of title 5, United States Code.”
Subsec. (d)(5). Pub. L. 116–92, § 1734(3), added par. (5).