5 U.S. Code § 424 - Establishment of the Council of the Inspectors General on Integrity and Efficiency
This section was derived from section 11 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. 117–263, div. E, title LII, §§ 5204(b), 5232–5234, 5236, 5237, 5251, 5271, 5272(9), Dec. 23, 2022, 136 Stat. 3233–3235, 3237–3239, 3241, prior to being repealed and reenacted as this section by Pub. L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4256, 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 11 of Pub. L. 95–452 was amended as follows:
(1) in subsection (b)(3)(B)(viii)—
(A) by striking subclauses (III) and (IV);
(B) in subclause (I), by adding “and” at the end; and
(C) by amending subclause (II) to read as follows:
“(II) the appropriate congressional committees.”;
(2) in subsection (c)—
(A) in paragraph (1), by redesignating subparagraphs (E) through (I) as subparagraphs (F) through (J), respectively, and by inserting after subparagraph (D) the following:
“(E) support the professional development of Inspectors General, including by providing training opportunities on the duties, responsibilities, and authorities under this Act and on topics relevant to Inspectors General and the work of Inspectors General, as identified by Inspectors General and the Council.”;
(B) in paragraph (3), by adding at the end the following:
“(D) Report on expenditures.—Not later than November 30 of each year, the Chairperson shall submit to the appropriate committees or subcommittees of Congress, including the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives, a report on the expenditures of the Council for the preceding fiscal year, including from direct appropriations to the Council, interagency funding pursuant to subparagraph (A), a revolving fund pursuant to subparagraph (B), or any other source.”; and
(C) in paragraph (5)(B), by striking “, allegations of reprisal,” and inserting “and allegations of reprisal (including the timely and appropriate handling and consideration of protected disclosures and allegations of reprisal that are internal to an Office of Inspector General)”; and
(3) in subsection (d)—
(A) in paragraph (5)(B)—
(i) in clause (ii), by striking the period at the end and inserting “, the length of time the Integrity Committee has been evaluating the allegation of wrongdoing, and a description of any previous written notice provided under this clause with respect to the allegation of wrongdoing, including the description provided for why additional time was needed.”; and
(ii) by adding at the end the following:
“(iii) Availability of information to congress on certain allegations of wrongdoing closed without referral.—With respect to an allegation of wrongdoing made by a member of Congress that is closed by the Integrity Committee without referral to the Chairperson of the Integrity Committee to initiate an investigation, the Chairperson of the Integrity Committee shall, not later than 60 days after closing the allegation of wrongdoing, provide a written description of the nature of the allegation of wrongdoing and how the Integrity Committee evaluated the allegation of wrongdoing to—
“(I) the Chair and Ranking Minority Member of the Committee on Homeland Security and Governmental Affairs of the Senate; and
“(II) the Chair and Ranking Minority Member of the Committee on Oversight and Reform of the House of Representatives.”;
(B) in paragraph (7)(B)(i)(V), by inserting “, and that an investigation of an Office of Inspector General of an establishment is conducted by another Office of Inspector General of an establishment” after “size”;
(C) in paragraph (8)—
(i) in subparagraph (A)(ii), by inserting “or corrective action” after “disciplinary action”;
(ii) in subparagraph (A)(iii), by striking “to the” and all that follows through “jurisdiction” and inserting “to the appropriate congressional committees”; and
(iii) in subparagraph (B), by inserting “and the appropriate congressional committees” after “Integrity Committee”; and
(D) by amending paragraph (9) to read as follows:
“(9) Semiannual report.—On or before May 31, 2023, and every 6 months thereafter, the Council shall submit to Congress and the President a report on the activities of the Integrity Committee during the immediately preceding 6-month periods ending March 31 and September 30, which shall include the following with respect to allegations of wrongdoing that are made against Inspectors General and staff members of the various Offices of Inspector General described in paragraph (4)(C):
“(A) An overview and analysis of the allegations of wrongdoing disposed of by the Integrity Committee, including—
“(i) analysis of the positions held by individuals against whom allegations were made, including the duties affiliated with such positions;
“(ii) analysis of the categories or types of the allegations of wrongdoing; and
“(iii) a summary of disposition of all the allegations.
“(B) The number of allegations received by the Integrity Committee.
“(C) The number of allegations referred to the Department of Justice or the Office of Special Counsel, including the number of allegations referred for criminal investigation.
“(D) The number of allegations referred to the Chairperson of the Integrity Committee for investigation, a general description of the status of such investigations, and a summary of the findings of investigations completed.
“(E) An overview and analysis of allegations of wrongdoing received by the Integrity Committee during any previous reporting period, but remained pending during some part of the six months covered by the report, including—
“(i) analysis of the positions held by individuals against whom allegations were made, including the duties affiliated with such positions;
“(ii) analysis of the categories or types of the allegations of wrongdoing; and
“(iii) a summary of disposition of all the allegations.
“(F) The number and category or type of pending investigations.
“(G) For each allegation received—
“(i) the date on which the investigation was opened;
“(ii) the date on which the allegation was disposed of, as applicable; and
“(iii) the case number associated with the allegation.
“(H) The nature and number of allegations to the Integrity Committee closed without referral, including the justification for why each allegation was closed without referral.
“(I) A brief description of any difficulty encountered by the Integrity Committee when receiving, evaluating, investigating, or referring for investigation an allegation received by the Integrity Committee, including a brief description of—
“(i) any attempt to prevent or hinder an investigation; or
“(ii) concerns about the integrity or operations at an Office of Inspector General.
“(J) Other matters that the Council considers appropriate.”
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 |
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Revised Section |
Source (U.S. Code) |
Source (Statutes at Large) |
424(a) through (e)(3) |
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Pub. L. 95–452, § 11, as added Pub. L. 110–409, § 7(a), Oct. 14, 2008, 122 Stat. 4305; amended Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537; Pub. L. 114–113, div. M, title III, § 304, Dec. 18, 2015, 129 Stat. 2913; Pub. L. 114–317, §§ 3, 7(b)(1)(B), (d)(2)(G), Dec. 16, 2016, 130 Stat. 1596, 1605, 1606; Pub. L. 115–192, § 2(b), June 25, 2018, 132 Stat. 1503; Pub. L. 116–260, div. U, title V, § 501(a), Dec. 27, 2020, 134 Stat. 2293. |
424(e)(4) |
(no source) |
In subsection (b)(1)(I), the words “Government Publishing Office” are substituted for “Government Printing Office” because of section 1301(b) of the Legislative Branch Appropriations Act, 2015 (Public Law 113–235, div. H, 44 U.S.C. note prec. 301).
In subsection (b)(3)(B)(viii)(IV), the words “Committee on Oversight and Reform” are substituted for “Committee on Oversight and Government Reform” on authority of rule X(1)(n) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (116th Congress, January 9, 2019).
In subsection (c)(1)(H), the words “section 103H of the National Security Act of 1947 (50 U.S.C. 3033)” are substituted for “section 3033 of title 50, United States Code” to correct the citation.
In subsection (c)(3)(C), the date “October 14, 2008” is substituted for “the date of enactment of this subsection” to reflect the date of enactment of the Inspector General Reform Act of 2008 (Public Law 110–409, 122 Stat. 4302). Section 7(a) of the Inspector General Reform Act of 2008 (Public Law 110–409, 122 Stat. 4305) enacted section 11 (including subsection (c)) of the Inspector General Act of 1978.
In subsection (c)(3)(C), the words “the authority in that subparagraph” are substituted for “the authority in that paragraph” to correct an error in the law.
In subsection (c)(5)(A), the reference to “section 403(d)(1)(C) of this title” is substituted for “section 3(d)(C)” for clarity and to correct an error in the law. In section 11(c)(5)(A) of the Inspector General Act of 1978, as added by section 2(b) of the Whistleblower Protection Coordination Act (Public Law 115–192, 132 Stat. 1503), the reference to “section 3(d)(C)” should be to “section 3(d)(1)(C)”. Section 3(d)(1)(C) of the Inspector General Act of 1978 is restated as “section 403(d)(1)(C) of this title” (i.e., section 403(d)(1)(C) of title 5, United States Code).
In subsection (d)(8)(A), at the end of clause (ii), the word “and” is omitted to correct an error in the law.
In subsection (d)(8)(A)(iii), the words “Committee on Oversight and Reform” are substituted for “Committee on Oversight and Government Reform” on authority of rule X(1)(n) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (116th Congress, January 9, 2019).
In subsection (e)(1)(C), the word “Program” is substituted for the word “Plan” (in the phrase “Troubled Asset Relief Program”) to correct an error in the law. In subsection (e)(1)(D), the words “Coronavirus Economic Stabilization Act of 2020” are substituted for “CARES Act” to use the applicable short title as provided in section 4001 of Public Law 116–136 (134 Stat. 469).
In subsection (e), paragraph (4) is added to carry forward the effective date provision from section 501(c) of the Consolidated Appropriations Act, 2021 (Public Law 116–260, div. U, title V, 134 Stat. 2294). Section 501(c) of the Consolidated Appropriations Act, 2021 provides that: “This Act and the amendments made by this Act shall take effect on the date that is 30 days after the date of receipt by the Council of the Inspectors General on Integrity and Efficiency of an appropriation for the implementation of this Act.”. The scope of applicability for the effective date provision is unclear because the references to this Act are ambiguous. The references to this Act do not refer the entirety of the Consolidated Appropriations Act, 2021, because the references are limited by section 3 of the Consolidated Appropriations Act, 2021 (Public Law 116–260, 134 Stat. 1185), which provides that:
Section 1229 of the National Defense Authorization Act for Fiscal Year 2008, referred to in subsec. (e)(1)(B), is section 1229 of Pub. L. 110–181, which is set out as a note under section 415 of this title.
Pub. L. 116–136, div. B, title V, § 15010, Mar. 27, 2020, 134 Stat. 533, as amended by Pub. L. 116–260, div. O, title VIII, § 801(b), Dec. 27, 2020, 134 Stat. 2155; Pub. L. 117–103, div. E, title VII, § 750, Mar. 15, 2022, 136 Stat. 307, provided that:
[For definition of “coronavirus” as used in section 15010 of Pub. L. 116–136, set out above, see section 23005 of Pub. L. 116–136, set out as a note under section 162b of Title 2, The Congress.]
Pub. L. 111–203, title IX, § 989E, July 21, 2010, 124 Stat. 1946, provided that:
Pub. L. 111–15, § 7, Apr. 24, 2009, 123 Stat. 1605, as amended by Pub. L. 117–286, § 4(b)(20), Dec. 27, 2022, 136 Stat. 4345, provided that: