5 U.S.C. § 405 — Reports

Page 38 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 405 plication and ensuring effective coordination and cooperation. (d) REPORTING VIOLATION OF FEDERAL CRIMI- NAL LAW.—In carrying out the duties and re- sponsibilities established under this chapter, each Inspector General shall report expedi- tiously to the Attorney General whenever the Inspector General has reasonable grounds to be- lieve 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 a recommendation for correc- tive action to the agency, the Inspector Gen- eral— (A) shall submit the document making a recommendation for corrective action to— (i) the head of the establishment; (ii) the congressional committees of ju- risdiction; and (iii) if the recommendation for correc- tive action was initiated upon request by an individual or entity other than the In- spector General, that individual or entity; (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 sub- mitted in final form to the head of the estab- lishment, post the document making a rec- ommendation for corrective action on the website of the Office of Inspector General. (2) PUBLIC DISCLOSURE OTHERWISE PROHIBITED BY LAW.—Nothing in this subsection shall be construed as authorizing an Inspector General to publicly disclose information otherwise pro- hibited from disclosure by law. (Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat. 4210.) AMENDMENTS NOT SHOWN IN TEXT This section was derived from section 4 of the Inspector General Act of 1978, Pub. L. 95–452, which was set out in the former Appendix to this title, and as it existed as of Oct. 19, 2021. Section 4 of Pub. L. 95–452 was amended by Pub. L. 117–263, div. E, title LII, § 5273(1), Dec. 23, 2022, 136 Stat. 3241, prior to being repealed and reenacted as this section by Pub. L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4210, 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 4 of Pub. L. 95–452 was amended in subsection (a)(2) as follows: (1) by inserting ‘‘, including’’ after ‘‘to make recommendations’’; and (2) by inserting a comma after ‘‘section 5(a)’’. The phrase ‘‘section 5(a)’’ did not appear in the text of subsection (a)(2) as enacted by Pub. L. 117–286 but was changed to ‘‘section 405(b) of this title’’. HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 404 ............. 5 U.S.C. App. (IGA § 4) Pub. L. 95–452, § 4, Oct. 12, 1978, 92 Stat. 1102; Pub. L. 100–504, title I, § 109, Oct. 18, 1988, 102 Stat. 2529; Pub. L. 103–82, title II, § 202(g)(5)(A), Sept. 21, 1993, 107 Stat. 890; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 110–409, § 7(d)(1)(A), Oct. 14, 2008, 122 Stat. 4313; Pub. L. 114–317, §§ 4(d), 7(d)(2)(A), Dec. 16, 2016, 130 Stat. 1602, 1606 In subsection (a)(4) (matter before subparagraph (A)), the words ‘‘the establishment’’ are inserted after ‘‘to recommend policies for’’ and a comma is inserted after ‘‘and nongovernmental entities’’ for clarity. In subsection (b)(1)(C), the word ‘‘ensure’’ is sub- stituted for ‘‘assure’’ for clarity. In subsection (c), the word ‘‘ensuring’’ is substituted for ‘‘insuring’’ for clarity. Editorial Notes REFERENCES IN TEXT Paragraph (1), referred to in subsec. (b)(1)(C), means par. (1) of subsec. (b) of this section, but probably should be a reference to subpar. (A) of subsec. (b)(1) of this section. Prior to repeal and restatement as this section, subsec. (b)(1) of the source section had been re- designated as subsec. (b)(1)(A) by Pub. L. 100–504, title I, § 109(1), (2), Oct. 18, 1988, 102 Stat. 2529, with no con- forming amendment to the reference, and the restated text carried over such reference without change.- § 405. Reports (a) DEFINITIONS.—In this section: (1) DISALLOWED COST.—The term ‘‘disallowed cost’’ means a questioned cost that manage- ment, in a management decision, has sus- tained 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 con- cluded, in its management decision, are nec- essary with respect to the findings and rec- ommendations included 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 manage- ment decision has been made. (3) MANAGEMENT DECISION.—The term ‘‘man- agement 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 deci- sion by management concerning its response to the findings and recommendations, includ- ing 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 docu- mentation; or Page 39 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 405 (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 rec- ommendation by the Office that funds could be used more efficiently if management of an es- tablishment took actions to implement and complete the recommendation, including— (A) reductions in outlays; (B) deobligation of funds from programs or operations; (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 operations of the establishment, a con- tractor, or grantee; (E) avoidance of unnecessary expenditures 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 executive branch (including a special Government em- ployee 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 greater than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule; and (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 sup- ported by adequate documentation. (b) SEMIANNUAL REPORTS.—Each Inspector General shall, not later than April 30 and Octo- ber 31 of each year, prepare semiannual reports summarizing the activities of the Office during the immediately preceding 6-month periods end- ing 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 admin- istration of programs and operations of such establishment disclosed by such activities dur- ing the reporting period; (2) a description of the recommendations for corrective action made by the Office during the reporting period with respect to signifi- cant problems, abuses, or deficiencies identi- fied pursuant to paragraph (1); (3) an identification of each significant rec- ommendation described in previous semi- annual reports on which corrective action has not been completed; (4) a summary of matters referred to prose- cutive authorities and the prosecutions and convictions 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 pe- riod; (6) a listing, subdivided according to subject matter, of each audit report, inspection re- port, and evaluation report issued by the Of- fice during the reporting period and for each report, where applicable, the total dollar value of questioned costs (including a separate cat- egory for the dollar value of unsupported costs) and the dollar value of recommenda- tions that funds be put to better use; (7) a summary of each particularly signifi- cant report; (8) statistical tables showing the total num- ber of audit reports, inspection reports, and evaluation reports and the total dollar value of questioned costs (including a separate cat- egory for the dollar value of unsupported costs), 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 reporting period; (C) for which a management decision was made during the reporting period, includ- ing— (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 num- ber of audit reports, inspection reports, and evaluation reports and the dollar value of rec- ommendations 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 reporting period; (C) for which a management decision was made during the reporting period, includ- ing— (i) the dollar value of recommendations that were agreed to by management; and (ii) the dollar value of recommendations that were not agreed to by management; 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 be- fore the commencement of the reporting pe- riod— (A) for which no management decision has been made by the end of the reporting period (including the date and title of each such re- port), an explanation of the reasons such management decision has not been made, and a statement concerning the desired timetable for achieving a management deci- sion on each such report; (B) for which no establishment comment was returned within 60 days of providing the report to the establishment; and Page 40 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 405 (C) for which there are any outstanding unimplemented recommendations, including the aggregate potential cost savings of those recommendations; (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 Inspec- tor General is in disagreement; (13) the information described under section 804(b) of the Federal Financial Management Improvement 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 Inspector 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 an- other Office of Inspector General that have not been fully implemented, including a state- ment describing the status of the implementa- tion and why implementation is not complete; (16) a list of any peer reviews conducted by the Inspector General of another Office of the Inspector General during the reporting period, including a list of any outstanding rec- ommendations made from any previous peer review (including any peer review conducted before the reporting period) that remain out- standing or have not been fully implemented; (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 period; and (D) the total number of indictments and criminal informations during the reporting period that resulted from any prior referral to prosecuting authorities; (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 employee where allegations of misconduct were substantiated, 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 description 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 De- partment of Justice, the date of the refer- ral; and (ii) if the Department of Justice declined the referral, the date of the declination; (20)(A) a detailed description of any instance of whistleblower retaliation, including infor- mation about the official found to have en- gaged in retaliation; and (B) what, if any, consequences the establish- ment actually imposed to hold the official de- scribed in subparagraph (A) accountable; (21) a detailed description of any attempt by the establishment to interfere with the inde- pendence 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 de- layed access to information, including the justification of the establishment for such action; and (22) detailed descriptions of the particular circumstances 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 reports of each Inspector General shall be fur- nished to the head of the establishment involved not later than April 30 and October 31 of each year and shall be transmitted by the head of the establishment to the appropriate committees or subcommittees of the Congress within 30 days after receipt of the report, together with a re- port by the head of the establishment con- taining— (1) any comments the head of the establish- ment determines appropriate; (2) statistical tables showing the total num- ber of audit reports, inspection reports, and evaluation reports and the dollar value of dis- allowed costs, for reports— (A) for which final action had not been taken by the commencement of the report- ing period; (B) on which management decisions were made during the reporting period; (C) for which final action was taken during 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 management; and (D) for which no final action has been taken by the end of the reporting period; (3) statistical tables showing the total num- ber of audit reports, inspection reports, and evaluation reports and the dollar value of rec- ommendations 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 report- ing period; (B) on which management decisions were made during the reporting period; (C) for which final action was taken during the reporting period, including— Page 41 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 405 (i) the dollar value of recommendations that were actually completed; and (ii) the dollar value of recommendations that management has subsequently con- cluded should not or could not be imple- mented 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 de- scribed in subsection (b)(20)(A), which shall be reported regardless of any confidentiality agreement relating to the settlement agree- ment; (5) information relating to cases under chap- ter 38 of title 31, including— (A) the number of reports submitted by in- vestigating officials to reviewing officials under section 3803(a)(1) of such title; (B) actions taken in response to reports described in subparagraph (A), which shall include statistical tables showing— (i) pending cases; (ii) resolved cases; (iii) the average length of time to resolve each case; (iv) the number of final agency decisions that were appealed to a district court of the United States or a higher court; and (v) if the total number of cases in a re- port is greater than 2— (I) the number of cases that were set- tled; and (II) the total penalty or assessment amount recovered in each case, including through a settlement or compromise; and (C) instances in which the reviewing offi- cial declined to proceed on a case reported by an investigating official; and (6) a statement with respect to audit reports on which management decisions have been made but final action has not been taken, other than audit reports on which a manage- ment 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 ac- tion has not been taken with respect to each audit report, except that the statement may exclude any audit reports that are under formal administra- tive or judicial appeal or upon which manage- ment of an establishment has agreed to pursue a legislative solution, but the statement shall identify the number of reports in each category so excluded. (d) REPORTS AVAILABLE TO PUBLIC.—Within 60 days of the transmission of the semiannual re- ports of each Inspector General to Congress, the head of each establishment 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 establishment 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 re- port immediately to the head of the establish- ment involved whenever the Inspector General becomes aware of particularly serious or fla- grant problems, abuses, or deficiencies relating to the administration of programs and oper- ations of the establishment. The head of the es- tablishment shall transmit any such report to the appropriate committees or subcommittees of Congress within 7 calendar days, together with a report by the head of the establishment con- taining any comments the establishment head deems appropriate. (f) LIMITATION ON PUBLIC DISCLOSURE OF INFOR- MATION.— (1) IN GENERAL.—Nothing in this section shall be construed to authorize the public dis- closure of information that is— (A) specifically prohibited from disclosure by any other provision of law; (B) specifically required by Executive order to be protected from disclosure in the interest of national defense or national secu- rity 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 disclosed to the public in a form which in- cludes information with respect to a part of an ongoing criminal investigation if such infor- mation has been included in a public record. (3) NO AUTHORIZATION TO WITHHOLD INFORMA- TION 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 permit the with- holding 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 law that would otherwise prohibit disclosure of such information, the information described in paragraph (1) may be provided to any Mem- ber of Congress upon request. (5) PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION OF WHISTLEBLOWERS.—An Office may not provide to Congress or the public any information that reveals the personally identi- fiable information of a whistleblower under this section unless the Office first obtains the consent of the whistleblower. (Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat. 4212; Pub. L. 118–159, div. E, title LII, § 5203(e), Dec. 23, 2024, 138 Stat. 2441.) AMENDMENTS NOT SHOWN IN TEXT This section was derived from section 5 of the Inspector General Act of 1978, Pub. L. 95–452, which was set out in the former Appendix to this title, and as it existed as of Oct. 19, 2021. Page 42 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 405 Section 5 of Pub. L. 95–452 was amended by Pub. L. 117–263, div. E, title LII, §§ 5235, 5241, 5272(1), 5273(2), 5274(a), Dec. 23, 2022, 136 Stat. 3236, 3237, 3239, 3241, 3244, prior to being re- pealed and reenacted as this section by Pub. L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4212, 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 5 of Pub. L. 95–452 was amended as follows: (1) in subsection (a) [enacted by Pub. L. 117–286 as subsection (b) of this section]— (A) by striking paragraphs (1) through (12) and inserting the following: ‘‘(1) a description of significant problems, abuses, and deficiencies relating to the adminis- tration of programs and operations of the estab- lishment and associated reports and recommenda- tions for corrective action made by the Office; ‘‘(2) an identification of each recommendation made before the reporting period, for which cor- rective action has not been completed, including the potential costs savings associated with the recommendation; ‘‘(3) a summary of significant investigations closed during the reporting period; ‘‘(4) an identification of the total number of convictions during the reporting period resulting from investigations; ‘‘(5) information regarding each audit, inspec- tion, or evaluation report issued during the re- porting period, including— ‘‘(A) a listing of each audit, inspection, or evaluation; ‘‘(B) if applicable, the total dollar value of questioned costs (including a separate category for the dollar value of unsupported costs) and the dollar value of recommendations that funds be put to better use, including whether a man- agement decision had been made by the end of the reporting period; ‘‘(6) information regarding any management de- cision made during the reporting period with re- spect to any audit, inspection, or evaluation issued during a previous reporting period;’’; (B) by redesignating paragraphs (13) through (22) as paragraphs (7) through (16), respec- tively; (C) by amending paragraph (13), as so redes- ignated, to read as follows: ‘‘(13) a report on each investigation conducted by the Office where allegations of misconduct were substantiated involving a senior Government employee or senior official (as defined by the Of- fice) if the establishment does not have senior Government employees, which shall include— ‘‘(A) the name of the senior Government em- ployee, if already made public by the Office; and ‘‘(B) a detailed description of— ‘‘(i) the facts and circumstances of the in- vestigation; and ‘‘(ii) the status and disposition of the mat- ter, including— ‘‘(I) if the matter was referred to the De- partment of Justice, the date of the referral; and ‘‘(II) if the Department of Justice declined the referral, the date of the declination;’’; and (D) by amending paragraph (15), as so redes- ignated, to read as follows: ‘‘(15) information related to interference by the establishment, including— ‘‘(A) a detailed description of any attempt by the establishment to interfere with the inde- pendence of the Office, including— ‘‘(i) with budget constraints designed to limit the capabilities of the Office; and ‘‘(ii) incidents where the establishment has resisted or objected to oversight activities of the Office or restricted or significantly de- layed access to information, including the jus- tification of the establishment for such action; and ‘‘(B) a summary of each report made to the head of the establishment under section 6(c)(2) during the reporting period;’’; (2) in subsection (b) [enacted by Pub. L. 117–286 as subsection (c) of this section]— (A) in the matter preceding paragraph (1), by striking ‘‘committees or subcommittees of the Congress’’ and inserting ‘‘congressional commit- tees’’; (B) by striking paragraphs (2) and (3) and in- serting the following: ‘‘(2) where final action on audit, inspection, and evaluation reports had not been taken before the commencement of the reporting period, statis- tical tables showing— ‘‘(A) with respect to management decisions— ‘‘(i) for each report, whether a management decision was made during the reporting pe- riod; ‘‘(ii) if a management decision was made during the reporting period, the dollar value of disallowed costs and funds to be put to bet- ter use as agreed to in the management deci- sion; and ‘‘(iii) total number of reports where a man- agement decision was made during the report- ing period and the total corresponding dollar value of disallowed costs and funds to be put to better use as agreed to in the management decision; and ‘‘(B) with respect to final actions— ‘‘(i) whether, if a management decision was made before the end of the reporting period, final action was taken during the reporting period; ‘‘(ii) if final action was taken, the dollar value of— ‘‘(I) disallowed costs that were recovered by management through collection, offset, property in lieu of cash, or otherwise; ‘‘(II) disallowed costs that were written off by management; ‘‘(III) disallowed costs and funds to be put to better use not yet recovered or writ- ten off by management; ‘‘(IV) recommendations that were com- pleted; and ‘‘(V) recommendations that management has subsequently concluded should not or could not be implemented or completed; and ‘‘(iii) total number of reports where final action was not taken and total number of re- ports where final action was taken, including the total corresponding dollar value of dis- Page 43 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 405 allowed costs and funds to be put to better use as agreed to in the management decisions;’’; (C) by redesignating paragraph (4) as para- graph (3); (D) in paragraph (3), as so redesignated, by striking ‘‘subsection (a)(20)(A)’’ [enacted by Pub. L. 117–286 as ‘‘subsection (b)(20)(A)’’] and inserting ‘‘subsection (a)(14)(A)’’ [probably should be ‘‘subsection (b)(14)(A)’’]; and (E) by striking paragraph (5) and inserting the following: ‘‘(4) a statement explaining why final action has not been taken with respect to each audit, in- spection, and evaluation report in which a man- agement decision has been made but final action has not yet been taken, except that such state- ment— ‘‘(A) may exclude reports if— ‘‘(i) a management decision was made with- in the preceding year; or ‘‘(ii) the report is under formal administra- tive or judicial appeal or management of the establishment has agreed to pursue a legisla- tive solution; and ‘‘(B) shall identify the number of reports in each category so excluded.’’; (3) in subsection (d) [enacted by Pub. L. 117–286 as subsection (e) of this section], by striking ‘‘committees or subcommittees of Con- gress’’ and inserting ‘‘congressional commit- tees’’; (4) by redesignating subsections (e) and (f) [enacted by Pub. L. 117–286 as subsections (f) and (a) of this section, respectively] as sub- sections (g) and (h), respectively, and by insert- ing after subsection (d) the following: ‘‘(e) ADDITIONAL REPORTS.— ‘‘(1) REPORT TO INSPECTOR GENERAL.—The Chairperson of the Integrity Committee of the Council of the Inspectors General on Integrity and Efficiency shall, immediately whenever the Chairperson of the Integrity Committee becomes aware of particularly serious or flagrant prob- lems, abuses, or deficiencies relating to the admin- istration of programs and operations of an Office of Inspector General for which the Integrity Com- mittee may receive, review, and refer for inves- tigation allegations of wrongdoing under section 11(d), submit a report to the Inspector General who leads the Office at which the serious or fla- grant problems, abuses, or deficiencies were al- leged. ‘‘(2) REPORT TO PRESIDENT, CONGRESS, AND THE ESTABLISHMENT.—Not later than 7 days after the date on which an Inspector General receives a re- port submitted under paragraph (1), the Inspector General shall submit to the President, the appro- priate congressional committees, and the head of the establishment— ‘‘(A) the report received under paragraph (1); and ‘‘(B) a report by the Inspector General con- taining any comments the Inspector General de- termines appropriate.’’; (5) by inserting after subsection (e), as added by section ‘‘5625’’ of title LII of Pub. L. 117–263 [probably should be section ‘‘5235’’], the fol- lowing: ‘‘(f)(1) Except as provided in paragraph (2), not later than 15 days after an Inspector General is re- moved, placed on paid or unpaid nonduty status, or transferred to another position or location within an establishment, the officer or employee performing the functions and duties of the Inspector General temporarily in an acting capacity shall submit to the appropriate congressional committees informa- tion regarding work being conducted by the Office as of the date on which the Inspector General was removed, placed on paid or unpaid non-duty status, or transferred, which shall include— ‘‘(A) for each investigation— ‘‘(i) the type of alleged offense; ‘‘(ii) the fiscal quarter in which the Office ini- tiated the investigation; ‘‘(iii) the relevant Federal agency, including the relevant component of that Federal agency for any Federal agency listed in section 901(b) of title 31, United States Code, under investiga- tion or affiliated with the individual or entity under investigation; and ‘‘(iv) whether the investigation is administra- tive, civil, criminal, or a combination thereof, if known; and ‘‘(B) for any work not described in subpara- graph (A)— ‘‘(i) a description of the subject matter and scope; ‘‘(ii) the relevant agency, including the rel- evant component of that Federal agency, under review; ‘‘(iii) the date on which the Office initiated the work; and ‘‘(iv) the expected time frame for completion. ‘‘(2) With respect to an inspector general of an element of the intelligence community specified in section 8G(d)(2) of the Inspector General Act of 1978 (5 U.S.C. App.), the submission required by para- graph (1) shall only be made to the committees of Congress specified in section 8G(d)(2)(E).’’ [section 8G(d)(2) of the Inspector General Act of 1978 re- stated by Pub. L. 117–286 as section 415(d)(2) of this title]; (6) by adding at the end of subsection (g) [cor- responding to subsection (f) of this section], as redesignated by section ‘‘5625’’ of title LII of Pub. L. 117–263 [probably should be section ‘‘5235’’] the following: ‘‘(6)(A) Except as provided in subparagraph (B), if an audit, evaluation, inspection, or other non-investigative report prepared by an Inspector General specifically identifies a specific non-gov- ernmental organization or business entity, wheth- er or not the non-governmental organization or business entity is the subject of that audit, eval- uation, inspection, or non-investigative report— ‘‘(i) the Inspector General shall notify the non-governmental organization or business en- tity; ‘‘(ii) the non-governmental organization or business entity shall have— ‘‘(I) 30 days to review the audit, evaluation, inspection, or non-investigative report begin- ning on the date of publication of the audit, evaluation, inspection, or non-investigative report; and ‘‘(II) the opportunity to submit a written re- sponse for the purpose of clarifying or pro- viding additional context as it directly relates to each instance wherein an audit, evalua- tion, inspection, or non-investigative report Page 44 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 405 specifically identifies that non-governmental organization or business entity; and ‘‘(iii) if a written response is submitted under clause (ii)(II) within the 30-day period described in clause (ii)(I)— ‘‘(I) the written response shall be attached to the audit, evaluation, inspection, or non- investigative report; and ‘‘(II) in every instance where the report may appear on the public-facing website of the Inspector General, the website shall be updated in order to access a version of the audit, evaluation, inspection, or non-inves- tigative report that includes the written re- sponse. ‘‘(B) Subparagraph (A) shall not apply with re- spect to a non-governmental organization or busi- ness entity that refused to provide information or assistance sought by an Inspector General during the creation of the audit, evaluation, inspection, or non-investigative report. ‘‘(C) An Inspector General shall review any written response received under subparagraph (A) for the purpose of preventing the improper disclo- sure of classified information or other non-public information, consistent with applicable laws, rules, and regulations, and, if necessary, redact such information.’’; and (7) by redesignating subsection (h) [cor- responding to subsection (a) of this section], as redesignated by section ‘‘5625’’ of title LII of Pub. L. 117–263 [probably should be section ‘‘5235’’], as subsection (i) and by inserting after subsection (g), as redesignated by section ‘‘5625’’ of title LII of Pub. L. 117–263 [probably should be section ‘‘5235’’], the following: ‘‘(h) If an Office has published any portion of the report or information required under subsection (a) to the website of the Office or on oversight.gov, the Office may elect to provide links to the relevant webpage or website in the report of the Office under subsection (a) in lieu of including the information in that report.’’ [subsection (a) restated by Pub. L. 117–286 as subsection (b) of this section] For definition of ‘‘appropriate congressional committees’’ as seen in the above amendments by Pub. L. 117–263, see Amendments Not Shown in Text note set out under section 401 of this title. HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 405 ............. 5 U.S.C. App. (IGA § 5) Pub. L. 95–452, § 5, Oct. 12, 1978, 92 Stat. 1103; Pub. L. 97–252, title XI, § 1117(c), Sept. 8, 1982, 96 Stat. 752; Pub. L. 100–504, title I, §§ 102(g), 106, Oct. 18, 1988, 102 Stat. 2521, 2525; Pub. L. 104–208, div. A, title I, § 101(f) [title VIII, § 805(c)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–393; Pub. L. 110–409, § 12, Oct. 14, 2008, 122 Stat. 4315; Pub. L. 111–203, title IX, § 989C, July 21, 2010, 124 Stat. 1945; Pub. L. 114–317, §§ 4(c), 7(d)(2)(B), (C), Dec. 16, 2016, 130 Stat. 1600, 1606; Pub. L. 115–192, § 2(c), June 25, 2018, 132 Stat. 1503; Pub. L. 116–92, div. A, title XVII, § 1710, Dec. 20, 2019, 133 Stat. 1801. In subsection (b)(6), the words ‘‘inspection report, and evaluation report’’ are substituted for ‘‘inspection re- ports, and evaluation reports’’ to correct typographical errors in the law. In subsection (b)(10) (matter before subparagraph (A)), the words ‘‘inspection report, and evaluation re- port’’ are substituted for ‘‘inspection reports, and eval- uation reports’’ to correct typographical errors in the law. In subsection (b)(10), at the end of subparagraph (C), a semicolon is substituted for the period to correct a typographical error in the law. In subsection (b)(13), the parenthetical ‘‘(Public Law 104–208, Sec. 101(f) [title VIII], 31 U.S.C. 3512 note)’’ is inserted after ‘‘section 804(b) of the Federal Financial Management Improvement Act of 1996’’ for clarity. Editorial Notes REFERENCES IN TEXT The General Schedule, referred to in subsec. (a)(6)(A), is set out under section 5332 of this title. Commissioned officer pay grades O–6 and above, re- ferred to in subsec. (a)(6)(B), is described in section 201 of Title 37, Pay and Allowances of the Uniformed Serv- ices, and is set out under section 5332 of this title. Section 804(b) of the Federal Financial Management Improvement Act of 1996, referred to in subsec. (b)(13), is section 101(f) [title VIII, § 804(b)] of title I of Pub. L. 104–208, Sept. 30, 1996, 110 Stat. 3009–314, 3009–392, which is set out in a note under section 3512 of Title 31, Money and Finance. AMENDMENTS 2024—Subsec. (c)(5), (6). Pub. L. 118–159 added par. (5) and redesignated former par. (5) as (6). Statutory Notes and Related Subsidiaries RETROACTIVE APPLICABILITY Pub. L. 117–263, div. E, title LII, § 5274(b), Dec. 23, 2022, 136 Stat. 3245, provided that: ‘‘During the 30-day period beginning on the date of enactment of this Act [Dec. 23, 2022]— ‘‘(1) the amendment made by subsection (a) [adding par. (6) to section 5(g) of Pub. L. 95–452 (restated as subsec. (f) of this section), see Amendments Not Shown in Text note above] shall apply upon the re- quest of a non-governmental organization or business entity named in an audit, evaluation, inspection, or other non-investigative report prepared on or after January 1, 2019; and ‘‘(2) any written response submitted under clause (iii) of section 5(g)(6)(A) of the Inspector General Act of 1978 (5 U.S.C. App.), as added by subsection (a), with respect to such an audit, evaluation, inspection, or other non-investigative report shall attach to the original report in the manner described in that clause.’’ CORRECTIVE RESPONSES BY HEADS OF CERTAIN ESTAB- LISHMENTS TO DEFICIENCIES IDENTIFIED BY INSPEC- TORS GENERAL Pub. L. 111–203, title IX, § 989H, July 21, 2010, 124 Stat. 1948, provided that: ‘‘The Chairman of the Board of Governors of the Federal Reserve System, the Chair- man of the Commodity Futures Trading Commission, the Chairman of the National Credit Union Administra- tion, the Director of the Pension Benefit Guaranty Cor- poration, and the Chairman of the Securities and Ex- change Commission shall each— ‘‘(1) take action to address deficiencies identified by a report or investigation of the Inspector General of the establishment concerned; or ‘‘(2) certify to both Houses of Congress that no ac- tion is necessary or appropriate in connection with a deficiency described in paragraph (1).’’ Page 45 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 406 DISCLOSURE OF GOVERNMENT CONTRACTOR AUDIT FINDINGS Pub. L. 110–181, div. A, title VIII, § 845, Jan. 28, 2008, 122 Stat. 240, as amended by Pub. L. 117–286, § 4(b)(8), Dec. 27, 2022, 136 Stat. 4343, provided that: ‘‘(a) REQUIRED ANNEX ON SIGNIFICANT AUDIT FIND- INGS.— ‘‘(1) IN GENERAL.—Each Inspector General appointed under chapter 4 of title 5, United States Code, shall submit, as part of the semiannual report submitted to Congress pursuant to section 5 of such Act, an annex on final, completed contract audit reports issued to the contracting activity containing signifi- cant audit findings issued during the period covered by the semiannual report concerned. ‘‘(2) ELEMENTS.—Such annex shall include— ‘‘(A) a list of such contract audit reports; ‘‘(B) for each audit report, a brief description of the nature of the significant audit findings in the report; and ‘‘(C) for each audit report, the specific amounts of costs identified as unsupported, questioned, or dis- allowed. ‘‘(3) INFORMATION EXEMPT FROM PUBLIC DISCLO- SURE.—(A) Nothing in this subsection shall be con- strued to require the release of information to the public that is exempt from public disclosure under section 552(b) of title 5, United States Code. ‘‘(B) For each element required by paragraph (2), the Inspector General concerned shall note each in- stance where information has been redacted in ac- cordance with the requirements of section 552(b) of title 5, United States Code, and submit an unredacted annex to the committees listed in subsection (d)(2) within 7 days after the issuance of the semiannual re- port. ‘‘(b) DEFENSE CONTRACT AUDIT AGENCY INCLUDED.— For purposes of subsection (a), audits of the Defense Contract Audit Agency shall be included in the annex provided by the Inspector General of the Department of Defense if they include significant audit findings. ‘‘(c) EXCEPTION.—Subsection (a) shall not apply to an Inspector General if no audits described in such sub- section were issued during the covered period. ‘‘(d) SUBMISSION OF INDIVIDUAL AUDITS.— ‘‘(1) REQUIREMENT.—The head of each Federal de- partment or agency shall provide, within 14 days after a request in writing by the chairman or ranking member of any committee listed in paragraph (2), a full and unredacted copy of any audit described in subsection (a). Such copy shall include an identifica- tion of information in the audit exempt from public disclosure under section 552(b) of title 5, United States Code. ‘‘(2) COMMITTEES.—The committees listed in this paragraph are the following: ‘‘(A) The Committee on Oversight and Govern- ment Reform [now Committee on Oversight and Ac- countability] of the House of Representatives. ‘‘(B) The Committee on Homeland Security and Governmental Affairs of the Senate. ‘‘(C) The Committees on Appropriations of the House of Representatives and the Senate. ‘‘(D) With respect to the Department of Defense and the Department of Energy, the Committees on Armed Services of the Senate and House of Rep- resentatives. ‘‘(E) The Committees of primary jurisdiction over the agency or department to which the request is made. ‘‘(e) CLASSIFIED INFORMATION.—Nothing in this sec- tion shall be interpreted to require the handling of classified information or information relating to intel- ligence sources and methods in a manner inconsistent with any law, regulation, executive order, or rule of the House of Representatives or of the Senate relating to the handling or protection of such information. ‘‘(f) DEFINITIONS.—In this section: ‘‘(1) SIGNIFICANT AUDIT FINDINGS.—The term ‘signifi- cant audit findings’ includes— ‘‘(A) unsupported, questioned, or disallowed costs in an amount in excess of $10,000,000; or ‘‘(B) other findings that the Inspector General of the agency or department concerned determines to be significant. ‘‘(2) CONTRACT.—The term ‘contract’ includes a con- tract, an order placed under a task or delivery order contract, or a subcontract.’’ PROMPT MANAGEMENT DECISIONS AND IMPLEMENTATION OF AUDIT RECOMMENDATIONS Pub. L. 103–355, title VI, § 6009, Oct. 13, 1994, 108 Stat. 3367, as amended by Pub. L. 104–106, div. A, title VIII, § 810, Feb. 10, 1996, 110 Stat. 394; Pub. L. 117–286, § 4(b)(9), Dec. 27, 2022, 136 Stat. 4343, provided that: ‘‘(a) MANAGEMENT DECISIONS.—(1) The head of a Fed- eral agency shall make management decisions on all findings and recommendations set forth in an audit re- port of the inspector general of the agency within a maximum of six months after the issuance of the re- port. ‘‘(2) The head of a Federal agency shall make man- agement decisions on all findings and recommendations set forth in an audit report of any auditor from outside the Federal Government within a maximum of six months after the date on which the head of the agency receives the report. ‘‘(b) COMPLETION OF FINAL ACTION.—The head of a Federal agency shall complete final action on each management decision required with regard to a rec- ommendation in an inspector general’s report under subsection (a)(1) within 12 months after the date of the inspector general’s report. If the head of the agency fails to complete final action with regard to a manage- ment decision within the 12-month period, the inspec- tor general concerned shall identify the matter in each of the inspector general’s semiannual reports pursuant to section 405(b)(3) of title 5, United States Code, until final action on the management decision is com- pleted.’’ § 406. Authority of Inspector General (a) IN GENERAL.—In addition to the authority otherwise provided by this chapter, each Inspec- tor General, in carrying out the provisions of this chapter, is authorized— (1)(A) to have timely access to all records, reports, audits, reviews, documents, papers, recommendations, or other materials avail- able to the applicable establishment which re- late to the programs and operations with re- spect to which that Inspector General has re- sponsibilities under this chapter; (B) to have access under subparagraph (A) notwithstanding any other provision of law, except pursuant to any provision of law en- acted by Congress that expressly— (i) refers to the Inspector General; and (ii) limits the right of access of the Inspec- tor General; and (C) except as provided in subsection (i), with regard to Federal grand jury materials pro- tected from disclosure pursuant to rule 6(e) of the Federal Rules of Criminal Procedure, to have timely access to such information if the Attorney General grants the request in ac- cordance with subsection (h); (2) to make such investigations and reports relating to the administration of the programs and operations of the applicable establishment as are, in the judgment of the Inspector Gen- eral, necessary or desirable; (3) to request such information or assistance as may be necessary for carrying out the du-