5 U.S.C. § 419 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 419. 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) 1 of title 10 with respect to an overseas contingency operation.
(b) Specific Responsibilities.—
The responsibilities 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 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) Resolve conflicts of jurisdiction.—
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) Identify office personnel.—
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) Designation.—
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 overeas contingency operation that exceeds 60 days; or
(B) receipt of a notification under section 113(n) 1 of title 10 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) Responsibilities.—
The lead Inspector General for an overseas contingency operation shall have the following responsibilities:
(A) Appoint associate inspector general.—
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) Strategic plan to conduct comprehensive 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 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) Accuracy of information.—
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) 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 Inspector General who has principal jurisdiction over the matter to ensure effective oversight.
(ii) More than one inspector general with jurisdiction.—
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 chapter with respect to such matter.
(iii) Investigations.—
(I) Request by inspector general with principal jurisdiction.—
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) No inspector general with principal jurisdiction.—
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) Personnel.—
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 this title (without regard to subsection (b)(2) of that 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) 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 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) Report on contingency operation.—
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 discharge by the Inspectors General specified in subsection (c) of duties relating to the contingency operation as the lead Inspector General shall specify.
(I) Enhancing cooperation.—
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 that 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) 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 subsection (c) of, annuitants covered by section 9902(g) of this title, for purposes of assisting the lead Inspector General in discharging responsibilities under this subsection with respect to the contingency operation.
(B) Deemed department of defense.—
The employment of annuitants under this paragraph shall be subject to the provisions of section 9902(g) of this title as if the lead Inspector General concerned was the Department of Defense.
(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 reemployment.—
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) Discharge of responsibilities in accordance with chapter.—
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 chapter generally and the authorities and requirements applicable to the Inspectors General specified in subsection (c) under this chapter.
(5) Ccompetitive 2 status for appointment.—
(A) In general.—
A person employed by a lead Inspector General for 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) Limitation.—
No person who is first employed as described in subparagraph (A) more than 2 years after December 19, 2019,1 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 chapter with respect to overseas contingency operations.
(Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat. 4247.)
heading: Amendments Not Shown in Text
text: This section was derived from section 8L of the Inspector General Act of 1978, Pub. L. 95–452, which was set out in the former Appendix to this title and was amended by Pub. L. 117–81, div. E, title LIII, § 5321, Dec. 27, 2021, 135 Stat. 2368, prior to being repealed and reenacted as this section by Pub. L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4247, 4361. For applicability of those amendments to this section, see section 5(b) of Pub. L. 117–286, set out in a Transitional and Savings Provisions note preceding section 101 of this title. Section 8L of Pub. L. 95–452 was amended by substituting “any of the Inspectors General specified in subsection (c) for oversight of” for “a lead Inspector General for”.
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
419
5 U.S.C. App. (IGA Sec. 8L)
Pub. L. 95–452, § 8L, as added Pub. L. 112–239, div. A, title VIII, § 848(2), Jan. 2, 2013, 126 Stat. 1851; Pub. L. 116–92, div. A, title XVII, §§ 1732(b) through 1734, Dec. 20, 2019, 133 Stat. 1817, 1818.
In subsection (d)(5)(B), the date “December 19, 2019” is substituted for “the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020” for clarity.
heading: Editorial Notes
heading: References in Text
text: Section 113(n) of title 10, referred to in subsecs. (a)(2) and (d)(1)(B), was redesignated section 113(o) of title 10 by Pub. L. 116–283, div. A, title V, § 551(a)(1)(C), Jan. 1, 2021, 134 Stat. 3628.
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.
December 19, 2019, referred to in subsec. (d)(5)(B), probably should be “December 20, 2019”. Prior to repeal and restatement as this section, the source section referred instead to “the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020”, which Act was approved Dec. 20, 2019. See Historical and Revision note above.