5 U.S.C. § 403 — Appointments

Page 33 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 403 SHORT TITLE OF 1978 ACT Pub. L. 95–452, § 1, Oct. 12, 1978, 92 Stat. 1101, provided: ‘‘That this Act [see Tables for classification] be cited as the ‘Inspector General Act of 1978’.’’ MERGER OF OFFICE OF INSPECTOR GENERAL OF UNITED STATES INFORMATION AGENCY WITH OFFICE OF IN- SPECTOR GENERAL OF DEPARTMENT OF STATE; TRANSFER OF FUNCTIONS Pub. L. 104–134, title I, § 101[(a)] [title IV], Apr. 26, 1996, 110 Stat. 1321, 1321–37; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, provided: ‘‘That notwithstanding any other provision of law, (1) the Office of the Inspector General of the United States Information Agency is hereby merged with the Office of the Inspector General of the Department of State; (2) the functions exercised and assigned to the Office of the Inspector General of the United States Information Agency before the effective date of this Act [Apr. 26, 1996] (including all related functions) are transferred to the Office of the Inspector General of the Department of State; and (3) the Inspector General of the Depart- ment of State shall also serve as the Inspector General of the United States Information Agency.’’ [Pub. L. 104–208, div. A, title I, § 101(a) [title IV], Sept. 30, 1996, 110 Stat. 3009, 3009–47, provided in part: ‘‘That notwithstanding any other provision of law, the merger of the Office of Inspector General of the United States Information Agency with the Office of Inspector Gen- eral of the Department of State provided for in the De- partments of Commerce, Justice, and State, the Judici- ary and Related Agencies Appropriations Act, 1996, con- tained in Public Law 104–134 [set out above], is effective hereafter.’’] [For abolition of Office of Inspector General of the United States Information Agency and transfer of func- tions to Office of Inspector General of Department of State and Foreign Service, see section 6533 of Title 22, Foreign Relations and Intercourse.] PAYMENT AUTHORITY SUBJECT TO APPROPRIATIONS Pub. L. 100–504, title I, § 112, Oct. 18, 1988, 102 Stat. 2530, provided that: ‘‘Any authority to make payments under this title [see Tables for classification] shall be effective only to such extent as provided in appropria- tions Acts.’’ § 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 Of- fice of Inspector General. (2) DEPARTMENT OF THE TREASURY.—In the establishment of the Department of the Treas- ury, there is established— (A) an Office of Inspector General of the Department of the Treasury; and (B) an Office of Treasury Inspector General for Tax Administration. (b) PURPOSE.—The offices established under subsection (a) are established in order to create independent and objective units— (1) to conduct and supervise audits and in- vestigations relating to the programs and op- erations of the establishments listed in sec- tion 401(1) of this title; (2) to provide leadership and coordination and recommend policies for activities de- signed— (A) to promote economy, efficiency, and effectiveness in the administration of those programs 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 currently informed about problems and defi- ciencies relating to the administration of those programs and operations and the neces- sity for and progress of corrective action. (Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat. 4208.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 402 ............. 5 U.S.C. App. (IGA § 2) Pub. L. 95–452, § 2, Oct. 12, 1978, 92 Stat. 1101; Pub. L. 96–88, title V, § 508(n)(1), Oct. 17, 1979, 93 Stat. 694; Pub. L. 97–113, title VII, § 705(a)(1), Dec. 29, 1981, 95 Stat. 1544; Pub. L. 97–252, title XI, § 1117(a)(1), Sept. 8, 1982, 96 Stat. 750; Pub. L. 99–93, title I, § 150(a)(1), Aug. 16, 1985, 99 Stat. 427; Pub. L. 99–399, title IV, § 412(a)(1), Aug. 27, 1986, 100 Stat. 867; Pub. L. 100–504, title I, § 102(a), (b), Oct. 18, 1988, 102 Stat. 2515; Pub. L. 100–527, § 13(h)(1), Oct. 25, 1988, 102 Stat. 2643; Pub. L. 105–206, title I, § 1103(a), July 22, 1998, 112 Stat. 705; Pub. L. 110–409, § 7(d)(1)(A), Oct. 14, 2008, 122 Stat. 4313. § 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 ad- vice and consent of the Senate, without regard to political affiliation and solely on the basis of integrity and demonstrated ability in account- ing, auditing, financial analysis, law, manage- ment analysis, public administration, or inves- tigations. Each Inspector General shall report to and be under the general supervision of the head of the establishment involved or, 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 establishment. Neither the head of the es- tablishment nor the officer next in rank below the head shall prevent or prohibit the Inspector General from initiating, carrying out, or com- pleting any audit or investigation, or from issuing any subpoena during the course of any audit or investigation. (b) REMOVAL OR TRANSFER.—An Inspector Gen- eral may be removed from office by the Presi- dent. If an Inspector General is removed from of- fice or is transferred to another position or loca- tion 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 re- moval or transfer. Nothing in this subsection shall prohibit a personnel action otherwise au- thorized by law, other than transfer or removal. (c) NOT EMPLOYEE DETERMINING POLICY.—For the purposes of section 7324 of this title, an In- spector General shall not be considered to be an employee who determines policies to be pursued by the United States in the nationwide adminis- tration of Federal laws. Page 34 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 403 (d) ASSISTANT INSPECTORS GENERAL AND WHIS- TLEBLOWER PROTECTION COORDINATOR.— (1) IN GENERAL.—Each Inspector General shall, in accordance with applicable laws and regulations governing the civil service— (A) appoint an Assistant Inspector General for Auditing who shall have the responsi- bility for supervising the performance of au- diting activities relating to programs and operations of the establishment; (B) appoint an Assistant Inspector General for Investigations who shall have the respon- sibility 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 retalia- tion for protected disclosures; and (II) who have made or are contem- plating making a protected disclosure about the rights and remedies against re- taliation for protected disclosures, in- cluding— (aa) the means by which employees may seek review of any allegation of reprisal, including the roles of the Of- fice of the Inspector General, the Of- fice 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 avail- ability of any alternative dispute mechanisms, and avenues for potential relief; (ii) assist the Inspector General in pro- moting the timely and appropriate han- dling and consideration of protected dis- closures and allegations of reprisal, to the extent practicable, by the Inspector Gen- eral; and (iii) assist the Inspector General in fa- cilitating communication and coordina- tion with the Special Counsel, the Council of the Inspectors General on Integrity and Efficiency, the establishment, Congress, and any other relevant entity regarding the timely and appropriate handling and consideration of protected disclosures, al- legations of reprisal, and general matters regarding the implementation and admin- istration of whistleblower protection laws, rules, and regulations. (2) WHISTLEBLOWER PROTECTION COORDINATOR NOT TO ACT AS LEGAL REPRESENTATIVE, AGENT, OR ADVOCATE.—The Whistleblower Protection Coordinator shall not act as a legal represent- ative, agent, or advocate of the employee or former employee. (3) WHISTLEBLOWER PROTECTION COORDINATOR ACCESS TO INSPECTOR GENERAL.—The Whistle- blower Protection Coordinator shall have di- rect access to the Inspector General as needed to accomplish the requirements of this sub- section. (4) WHISTLEBLOWER PROTECTION COORDINATOR EXCEPTION FOR INTELLIGENCE ACTIVITY.—For the purposes of this section, the requirement of the designation of a Whistleblower Protec- tion Coordinator under paragraph (1)(C) shall not apply to— (A) any agency that is an element of the intelligence community (as defined in sec- tion 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 prin- cipal function of which is the conduct of for- eign intelligence or counter intelligence ac- tivities. (e) RATE OF PAY.—The annual rate of basic pay for an Inspector General (as defined under sec- tion 401 of this title) shall be the rate payable for level III of the Executive Schedule under sec- tion 5314 of this title, plus 3 percent. (f) PROHIBITION ON CASH AWARDS.—An Inspec- tor General (as defined under section 401 or 415(a) of this title) may not receive any cash award or cash bonus, including any cash award under chapter 45 of this title. (g) LEGAL ADVICE.—Each Inspector General shall, in accordance with applicable laws and regulations governing the civil service, obtain legal advice from a counsel either reporting di- rectly to the Inspector General or another In- spector General. (Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat. 4208.) AMENDMENTS NOT SHOWN IN TEXT This section was derived from section 3 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 3 of Pub. L. 95–452 was amended by Pub. L. 117–263, div. E, title LII, §§ 5202(a)(1), 5203(a), 5204(a), Dec. 23, 2022, 136 Stat. 3222, 3227, 3233, prior to being repealed and reenacted as this section by Pub. L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4208, 4361. For applica- bility of those amendments to this section, see section 5(b) of Pub. L. 117–286, set out in a Transitional and Savings Provisions note pre- ceding section 101 of this title. Section 3 of Pub. L. 95–452 was amended as follows: (1) in subsection (b)— (A) by inserting ‘‘(1)(A)’’ after ‘‘(b)’’; (B) in paragraph (1), as so designated— (i) in subparagraph (A), as so designated, in the second sentence— (I) by striking ‘‘reasons’’ and inserting ‘‘sub- stantive rationale, including detailed and case- specific reasons,’’; and (II) by inserting ‘‘(including to the appro- priate congressional committees)’’ after ‘‘Houses of Congress’’; and (ii) by adding at the end the following: ‘‘(B) If there is an open or completed inquiry into an Inspector General that relates to the removal or transfer of the Inspector General under subpara- graph (A), the written communication required under that subparagraph shall— ‘‘(i) identify each entity that is conducting, or that conducted, the inquiry; and ‘‘(ii) in the case of a completed inquiry, contain the findings made during the inquiry.’’; and (C) by adding at the end the following: Page 35 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 403 ‘‘(2)(A) Subject to the other provisions of this paragraph, only the President may place an Inspec- tor General on non-duty status. ‘‘(B) If the President places an Inspector General on non-duty status, the President shall commu- nicate in writing the substantive rationale, includ- ing detailed and case-specific reasons, for the change in status to both Houses of Congress (in- cluding to the appropriate congressional commit- tees) not later than 15 days before the date on which the change in status takes effect, except that the President may submit that communication not later than the date on which the change in status takes effect if— ‘‘(i) the President has made a determination that the continued presence of the Inspector Gen- eral in the workplace poses a threat described in any of clauses (i) through (iv) of section 6329b(b)(2)(A) of title 5, United States Code; and ‘‘(ii) in the communication, the President in- cludes a report on the determination described in clause (i), which shall include— ‘‘(I) a specification of which clause of section 6329b(b)(2)(A) of title 5, United States Code, the President has determined applies under clause (i) of this subparagraph; ‘‘(II) the substantive rationale, including de- tailed and case-specific reasons, for the deter- mination made under clause (i); ‘‘(III) an identification of each entity that is conducting, or that conducted, any inquiry upon which the determination under clause (i) was made; and ‘‘(IV) in the case of an inquiry described in subclause (III) that is completed, the findings made during that inquiry. ‘‘(C) The President may not place an Inspector General on non-duty status during the 30-day pe- riod preceding the date on which the Inspector Gen- eral is removed or transferred under paragraph (1)(A) unless the President— ‘‘(i) has made a determination that the contin- ued presence of the Inspector General in the workplace poses a threat described in any of clauses (i) through (iv) of section 6329b(b)(2)(A) of title 5, United States Code; and ‘‘(ii) not later than the date on which the change in status takes effect, submits to both Houses of Congress (including to the appropriate congressional committees) a written communica- tion that contains the information required under subparagraph (B), including the report required under clause (ii) of that subparagraph. ‘‘(D) For the purposes of this paragraph— ‘‘(i) the term ‘Inspector General’— ‘‘(I) means an Inspector General who was ap- pointed by the President, without regard to whether the Senate provided advice and consent with respect to that appointment; and ‘‘(II) includes the Inspector General of an es- tablishment, the Special Inspector General for Afghanistan Reconstruction, the Special Inspec- tor General for the Troubled Asset Relief Pro- gram, and the Special Inspector General for Pandemic Recovery; and ‘‘(ii) a reference to the removal or transfer of an Inspector General under paragraph (1), or to the written communication described in that para- graph, shall be considered to be— ‘‘(I) in the case of the Special Inspector Gen- eral for Afghanistan Reconstruction, a ref- erence to section 1229(c)(6) of the National De- fense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 378); ‘‘(II) in the case of the Special Inspector Gen- eral for the Troubled Asset Relief Program, a reference to section 121(b)(4) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5231(b)(4)); and ‘‘(III) in the case of the Special Inspector General for Pandemic Recovery, a reference to section 4018(b)(3) of the CARES Act (15 U.S.C. 9053(b)(3)).’’; (2) in subsection (d)(1)(C)— (A) in clause (i), in the matter preceding sub- clause (I), by inserting ‘‘, including employees of that Office of Inspector General’’ after ‘‘em- ployees’’; and (B) in clause (iii), by inserting ‘‘(including the Integrity Committee of that Council)’’ after ‘‘and Efficiency’’; and (3) by adding at the end the following: ‘‘(h)(1) In this subsection— ‘‘(A) the term ‘first assistant to the position of Inspector General’ means, with respect to an Of- fice of Inspector General— ‘‘(i) an individual who, as of the day before the date on which the Inspector General dies, resigns, or otherwise becomes unable to perform the functions and duties of that position— ‘‘(I) is serving in a position in that Office; and ‘‘(II) has been designated in writing by the Inspector General, through an order of suc- cession or otherwise, as the first assistant to the position of Inspector General; or ‘‘(ii) if the Inspector General has not made a designation described in clause (i)(II)— ‘‘(I) the Principal Deputy Inspector General of that Office, as of the day before the date on which the Inspector General dies, resigns, or otherwise becomes unable to perform the functions and duties of that position; or ‘‘(II) if there is no Principal Deputy Inspec- tor General of that Office, the Deputy Inspec- tor General of that Office, as of the day be- fore the date on which the Inspector General dies, resigns, or otherwise becomes unable to perform the functions and duties of that posi- tion; and ‘‘(B) the term ‘Inspector General’— ‘‘(i) means an Inspector General who is ap- pointed by the President, by and with the ad- vice and consent of the Senate; and ‘‘(ii) includes the Inspector General of an es- tablishment, the Special Inspector General for the Troubled Asset Relief Program, and the Spe- cial Inspector General for Pandemic Recovery. ‘‘(2) If an Inspector General dies, resigns, or is otherwise unable to perform the functions and du- ties of the position— ‘‘(A) section 3345(a) of title 5, United States Code, and section 103(e) of the National Security Act of 1947 (50 U.S.C. 3025(e)) shall not apply; ‘‘(B) subject to paragraph (4), the first assistant to the position of Inspector General shall perform the functions and duties of the Inspector General temporarily in an acting capacity subject to the time limitations of section 3346 of title 5, United States Code; and Page 36 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 403 ‘‘(C) notwithstanding subparagraph (B), and subject to paragraphs (4) and (5), the President (and only the President) may direct an officer or employee of any Office of an Inspector General to perform the functions and duties of the Inspector General temporarily in an acting capacity subject to the time limitations of section 3346 of title 5, United States Code, only if— ‘‘(i) during the 365-day period preceding the date of death, resignation, or beginning of in- ability to serve of the Inspector General, the of- ficer or employee served in a position in an Of- fice of an Inspector General for not less than 90 days, except that— ‘‘(I) the requirement under this clause shall not apply if the officer is an Inspector Gen- eral; and ‘‘(II) for the purposes of this subparagraph, performing the functions and duties of an In- spector General temporarily in an acting ca- pacity does not qualify as service in a position in an Office of an Inspector General; ‘‘(ii) the rate of pay for the position of the of- ficer or employee described in clause (i) is equal to or greater than the minimum rate of pay pay- able for a position at GS-15 of the General Schedule; ‘‘(iii) the officer or employee has dem- onstrated ability in accounting, auditing, fi- nancial analysis, law, management analysis, public administration, or investigations; and ‘‘(iv) not later than 30 days before the date on which the direction takes effect, the President communicates in writing to both Houses of Con- gress (including to the appropriate congres- sional committees) the substantive rationale, in- cluding the detailed and case-specific reasons, for such direction, including the reason for the direction that someone other than the indi- vidual who is performing the functions and du- ties of the Inspector General temporarily in an acting capacity (as of the date on which the President issues that direction) perform those functions and duties temporarily in an acting capacity. ‘‘(3) Notwithstanding section 3345(a) of title 5, United States Code, and subparagraphs (B) and (C) of paragraph (2), and subject to paragraph (4), dur- ing any period in which an Inspector General is on non-duty status— ‘‘(A) the first assistant to the position of Inspec- tor General shall perform the functions and duties of the position temporarily in an acting capacity subject to the time limitations of section 3346 of title 5, United States Code; and ‘‘(B) if the first assistant described in subpara- graph (A) dies, resigns, or becomes otherwise un- able to perform those functions and duties, the President (and only the President) may direct an officer or employee in that Office of Inspector General to perform those functions and duties temporarily in an acting capacity, subject to the time limitations of section 3346 of title 5, United States Code, if— ‘‘(i) that direction satisfies the requirements under clauses (ii), (iii), and (iv) of paragraph (2)(C); and ‘‘(ii) that officer or employee served in a posi- tion in that Office of Inspector General for not fewer than 90 of the 365 days preceding the date on which the President makes that direction. ‘‘(4) An individual may perform the functions and duties of an Inspector General temporarily and in an acting capacity under subparagraph (B) or (C) of paragraph (2), or under paragraph (3), with re- spect to only 1 Inspector General position at any given time. ‘‘(5) If the President makes a direction under paragraph (2)(C), during the 30-day period pre- ceding the date on which the direction of the Presi- dent takes effect, the functions and duties of the position of the applicable Inspector General shall be performed by— ‘‘(A) the first assistant to the position of Inspec- tor General; or ‘‘(B) the individual performing those functions and duties temporarily in an acting capacity, as of the date on which the President issues that di- rection, if that individual is an individual other than the first assistant to the position of Inspec- tor General.’’ As enacted by Pub. L. 117–286, subsection (b) of this section contains a heading after the sub- section designation. The amendment inserting ‘‘(1)(A)’’ after ‘‘(b)’’ in section 3(b) of Pub. L. 95–452 amended text that did not contain a sub- section heading. 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) 403 ............. 5 U.S.C. App. (IGA § 3) Pub. L. 95–452, § 3, Oct. 12, 1978, 92 Stat. 1101; Pub. L. 110–409, §§ 3(a), 4(a)(1), 5, 6(a), Oct. 14, 2008, 122 Stat. 4302, 4305; Pub. L. 112–199, title I, § 117(a), Nov. 27, 2012, 126 Stat. 1474; Pub. L. 114–317, § 7(d)(3)(A), Dec. 16, 2016, 130 Stat. 1606; Pub. L. 115–192, § 2(a), June 25, 2018, 132 Stat. 1502. In subsection (d)(4) (matter before subparagraph (A)), the words ‘‘Whistleblower Protection Coordinator’’ are substituted for ‘‘Whistleblower Protection Ombuds- man’’ to correct an error in the law. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Pub. L. 117–263, div. E, title LII, § 5203(e), Dec. 23, 2022, 136 Stat. 3233, provided that: ‘‘(1) DEFINITION.—In this subsection, the term ‘Inspec- tor General’ has the meaning given the term in sub- section (h)(1)(B) of section 3 of the Inspector General Act of 1978 (5 U.S.C. App.), as added by subsection (a) of this section [see Amendments Not Shown in Text note above]. ‘‘(2) APPLICABILITY.— ‘‘(A) IN GENERAL.—Except as provided in subpara- graph (B), this section [amending section 3 of Pub. L. 95–452 (restated as this section), sections 3033 and 3517 of Title 50, War and National Defense, and enacting provisions set out as a note under this section], and the amendments made by this section, shall take ef- fect on the date of enactment of this Act [Dec. 23, 2022]. ‘‘(B) EXISTING VACANCIES.—If, as of the date of en- actment of this Act, an individual is performing the functions and duties of an Inspector General tempo- rarily in an acting capacity, this section, and the Page 37 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 404 1 See References in Text note below. amendments made by this section, shall take effect with respect to that Inspector General position on the date that is 30 days after the date of enactment of this Act.’’ CONSTRUCTION Pub. L. 117–263, div. E, title LII, § 5203(d), Dec. 23, 2022, 136 Stat. 3233, provided that: ‘‘Nothing in the amend- ment made by subsection (a) [adding subsec. (h) to sec- tion 3 of Pub. L. 95–452 (restated as this section), see Amendments Not Shown in Text note above] may be construed to limit the applicability of sections 3345 through 3349d of title 5, United States Code (commonly known as the ‘Federal Vacancies Reform Act of 1998’), other than with respect to section 3345(a) of that title.’’ Pub. L. 110–409, § 6(c), Oct. 14, 2008, 122 Stat. 4305, as amended by Pub. L. 117–286, § 4(b)(5), Dec. 27, 2022, 136 Stat. 4343, provided that: ‘‘Nothing in the amendments made by this section [amending former sections 3 and 8G of Pub. L. 95–452, see 5 U.S.C. 403, 415] shall be con- strued to alter the duties and responsibilities of the counsel for any establishment or designated Federal entity, except for the availability of counsel as pro- vided under sections 403(g) and 415(g) of title 5, United States Code. The Counsel to the Inspector General shall perform such functions as the Inspector General may prescribe.’’ ACTING TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION Pub. L. 105–277, div. C, title I, § 101, Oct. 21, 1998, 112 Stat. 2681–584, as amended by Pub. L. 106–113, div. B, § 1000(a)(5) [title II, § 239(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–302; Pub. L. 117–286, § 4(b)(7), Dec. 27, 2022, 136 Stat. 4343, related to the appointment by the President of an Acting Treasury Inspector General for Tax Ad- ministration whose service was to conclude no later than Apr. 30, 1999. [Pub. L. 106–113, div. B, § 1000(a)(5) [title II, § 239(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–302, provided that the amendment made by subsection § 239(a) to section 101 of Pub. L. 105–277 was effective as if included in the enact- ment of Pub. L. 105–277.] § 404. Duties and responsibilities (a) IN GENERAL.—It shall be the duty and re- sponsibility of each Inspector General, with re- spect to the establishment within which the In- spector General’s Office is established— (1) to provide policy direction for and to con- duct, supervise, and coordinate audits and in- vestigations relating to the programs and op- erations of the establishment; (2) to review existing and proposed legisla- tion 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 con- cerning the impact of the legislation and regu- lations on the economy and efficiency in the administration of programs and operations ad- ministered or financed by the establishment, or the prevention and detection of fraud and abuse in the programs and operations; (3) to recommend policies for, and to con- duct, supervise, or coordinate other activities carried out or financed by, the establishment for the purpose of promoting economy and ef- ficiency in the administration of, or pre- venting and detecting fraud and abuse in, its programs and operations; (4) to recommend policies for the establish- ment, and to conduct, supervise, or coordinate relationships between the establishment and other Federal agencies, State and local gov- ernmental agencies, and nongovernmental en- tities, with respect to— (A) all matters relating to the promotion of economy and efficiency in the administra- tion of, or the prevention and detection of fraud and abuse in, programs and operations administered or financed by the establish- ment; 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 problems, abuses, and defi- ciencies relating to the administration of pro- grams and operations administered or fi- nanced by the establishment, to recommend corrective action concerning the problems, abuses, and deficiencies, and to report on the progress made in implementing the corrective action. (b) STANDARDS AND GUIDELINES.— (1) IN GENERAL.—In carrying out the respon- sibilities specified in subsection (a)(1), each In- spector General shall— (A) comply with standards established by the Comptroller General of the United States for audits of Federal establishments, organizations, programs, activities, and functions; (B) establish guidelines for determining when it shall be appropriate to use non-Fed- eral 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).1 (2) REVIEWS PERFORMED EXCLUSIVELY BY AUDIT ENTITIES IN FEDERAL GOVERNMENT.—For purposes of determining compliance with para- graph (1)(A) with respect to whether internal quality controls are in place and operating and whether established audit standards, poli- cies, and procedures are being followed by Of- fices of Inspector General of establishments defined under section 401 of this title, Offices of Inspector General of designated Federal en- tities defined under section 415(a) of this title, and any audit office established within a Fed- eral entity defined under section 415(a) of this title, reviews shall be performed exclusively by an audit entity in the Federal Government, including the Government Accountability Of- fice or the Office of Inspector General of each establishment defined under section 401 of this title, or the Office of Inspector General of each designated Federal entity defined under sec- tion 415(a) of this title. (c) EFFECTIVE COORDINATION AND COOPERA- TION.—In carrying out the duties and respon- sibilities established 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 du-