5 U.S. Code § 405 - Reports
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 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LII, §§ 5235, 5241, 5272(1), 5273(2), 5274(a), Dec. 23, 2022, 136 Stat. 3236, 3237, 3239, 3241, 3244, prior to being repealed and reenacted as this section by Pub.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 administration of programs and operations of the establishment and associated reports and recommendations for corrective action made by the Office;
“(2) an identification of each recommendation made before the reporting period, for which corrective 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, inspection, or evaluation report issued during the reporting 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 management decision had been made by the end of the reporting period;
“(6) information regarding any management decision made during the reporting period with respect to any audit, inspection, or evaluation issued during a previous reporting period;”;
(B) by redesignating paragraphs (13) through (22) as paragraphs (7) through (16), respectively;
(C) by amending paragraph (13), as so redesignated, 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 Office) if the establishment does not have senior Government employees, which shall include—
“(A) the name of the senior Government employee, if already made public by the Office; and
“(B) a detailed description of—
“(i) the facts and circumstances of the investigation; and
“(ii) the status and disposition of the matter, including—
“(I) if the matter was referred to the Department 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 redesignated, 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 independence 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 delayed access to information, including the justification 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 committees”;
(B) by striking paragraphs (2) and (3) and inserting the following:
“(2) where final action on audit, inspection, and evaluation reports had not been taken before the commencement of the reporting period, statistical tables showing—
“(A) with respect to management decisions—
“(i) for each report, whether a management decision was made during the reporting period;
“(ii) if a management decision was made during the reporting period, the dollar value of disallowed costs and funds to be put to better use as agreed to in the management decision; and
“(iii) total number of reports where a management decision was made during the reporting 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 written off by management;
“(IV) recommendations that were completed; 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 reports where final action was taken, including the total corresponding dollar value of disallowed costs and funds to be put to better use as agreed to in the management decisions;”;
(C) by redesignating paragraph (4) as paragraph (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, inspection, and evaluation report in which a management decision has been made but final action has not yet been taken, except that such statement—
“(A) may exclude reports if—
“(i) a management decision was made within the preceding year; or
“(ii) the report is under formal administrative or judicial appeal or management of the establishment has agreed to pursue a legislative 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 Congress” and inserting “congressional committees”;
(4) by redesignating subsections (e) and (f) [enacted by Pub. L. 117–286 as subsections (f) and (a) of this section, respectively] as subsections (g) and (h), respectively, and by inserting after subsection (d) the following:
(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 following:
(6) by adding at the end of subsection (g) [corresponding 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:
(7) by redesignating subsection (h) [corresponding 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:
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) |
405 |
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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 reports, and evaluation reports” to correct typographical errors in the law.
In subsection (b)(10) (matter before subparagraph (A)), the words “inspection report, and evaluation report” are substituted for “inspection reports, and evaluation 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.
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, referred to in subsec. (a)(6)(B), is described in section 201 of Title 37, Pay and Allowances of the Uniformed Services, 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.
Pub. L. 117–263, div. E, title LII, § 5274(b), Dec. 23, 2022, 136 Stat. 3245, provided that:
Pub. L. 111–203, title IX, § 989H, July 21, 2010, 124 Stat. 1948, provided that:
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:
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: