5 U.S.C. § 419: Special provisions concerning overseas contingency operations

the commencement or designation of a military operation as an overseas contingency operation that exceeds 60 days; or receipt of a notification under section 113(n) 1 of title 10 with respect to an overseas contingency operation. 1 See References in Text note below. In consultation with the Inspectors General specified in subsection (c), to designate a lead Inspector General in accordance with subsection (d) to discharge the authorities of the lead Inspector General for the overseas contingency operation concerned as set forth in subsection (d). To resolve conflicts of jurisdiction among the Inspectors General specified in subsection (c) on investigations, inspections, and audits with respect to such contingency operation in accordance with subsection (d)(2)(B). To assist in identifying for the lead inspector general for such contingency operation, Inspectors General and inspector general office personnel available to assist the lead Inspector General and the other Inspectors General specified in subsection (c) on matters relating to such contingency operation. The Inspector General of the Department of Defense. The Inspector General of the Department of State. The Inspector General of the United States Agency for International Development. the commencement or designation of the military operation concerned as an overeas 2 contingency operation that exceeds 60 days; or 2 So in original. Probably should be “overseas”. receipt of a notification under section 113(n) 1 of title 10 with respect to an overseas contingency operation. To appoint, from among the offices of the other Inspectors General specified in subsection (c), an Inspector General to act as associate Inspector General for the contingency operation who shall act in a coordinating role to assist the lead Inspector General in the discharge of responsibilities under this subsection. To develop and carry out, in coordination with the offices of the other Inspectors General specified in subsection (c), a joint strategic plan to conduct comprehensive oversight over all aspects of the contingency operation and to ensure through either joint or individual audits, inspections, and investigations, independent and effective oversight of all programs and operations of the Federal Government in support of the contingency operation. To review and ascertain the accuracy of information provided by Federal agencies relating to obligations and expenditures, costs of programs and projects, accountability of funds, and the award and execution of major contracts, grants, and agreements in support of the contingency operation. If none of the Inspectors General specified in subsection (c) has principal jurisdiction over a matter with respect to the contingency operation, to identify and coordinate with the Inspector General who has principal jurisdiction over the matter to ensure effective oversight. If more than one of the Inspectors General specified in subsection (c) has jurisdiction over a matter with respect to the contingency operation, to determine principal jurisdiction for discharging oversight responsibilities in accordance with this chapter with respect to such matter. Upon written request by the Inspector General with principal jurisdiction over a matter with respect to the contingency operation, and with the approval of the lead Inspector General, an Inspector General specified in subsection (c) may provide investigative support or conduct an independent investigation of an allegation of criminal activity by any United States personnel, contractor, subcontractor, grantee, or vendor in the applicable theater of operations. conduct an independent investigation of an allegation described in subclause (I); or request that an Inspector General specified in subsection (c) conduct such investigation. To employ, or authorize the employment by the other Inspectors General specified in subsection (c), on a temporary basis using the authorities in section 3161 of this title (without regard to subsection (b)(2) of that section), such auditors, investigators, and other personnel as the lead Inspector General considers appropriate to assist the lead Inspector General and such other Inspectors General on matters relating to the contingency operation. the status and results of investigations, inspections, and audits and of referrals to the Department of Justice; and overall plans for the review of the contingency operation by inspectors general, including plans for investigations, inspections, and audits. To submit to Congress on a quarterly basis, and to make available on an Internet website available to the public, a report on the contingency operation. To carry out such other responsibilities relating to the coordination and efficient and effective discharge by the Inspectors General specified in subsection (c) of duties relating to the contingency operation as the lead Inspector General shall specify. coordinate such oversight activities with the lead Inspector General; and provide information requested by the lead Inspector General relating to the responsibilities of the lead Inspector General described in subparagraphs (B), (C), and (G). The lead Inspector General for an overseas contingency operation may employ, or authorize the employment by the other Inspectors General specified in subsection (c) of, annuitants covered by section 9902(g) of this title , for purposes of assisting the lead Inspector General in discharging responsibilities under this subsection with respect to the contingency operation. The employment of annuitants under this paragraph shall be subject to the provisions of section 9902(g) of this title as if the lead Inspector General concerned was the Department of Defense. shall continue to receive the annuity; and shall not be considered a participant for purposes of chapter 8 of title I of the Foreign Service Act of 1980 ( 22 U.S.C. 4041 et seq.) or an employee for purposes of subchapter III of chapter 83 or chapter 84 of this title. An annuitant described in clause (i) may elect in writing for the reemployment of the annuitant under this subsection to be subject to section 824 of the Foreign Service Act of 1980 ( 22 U.S.C. 4064 ). A reemployed annuitant shall make an election under this clause not later than 90 days after the date of the reemployment of the annuitant. The lead Inspector General for an overseas contingency operation shall discharge the responsibilities for the contingency operation under this subsection in a manner consistent with the authorities and requirements of this chapter generally and the authorities and requirements applicable to the Inspectors General specified in subsection (c) under this chapter. A person employed by a lead Inspector General for an overseas contingency operation under this section shall acquire competitive status for appointment to any position in the competitive service for which the employee possesses the required qualifications upon the completion of 2 years of continuous service as an employee under this section. No person who is first employed as described in subparagraph (A) more than 10 years after December 19, 2019 , 1 may acquire competitive status under subparagraph (A). The requirements and authorities of this section with respect to an overseas contingency operation shall cease at the end of the first fiscal year after the commencement or designation of the contingency operation in which the total amount appropriated for the contingency operation is less than $100,000,000. Nothing in this section shall be construed to limit the ability of the Inspectors General specified in subsection (c) to enter into agreements to conduct joint audits, inspections, or investigations in the exercise of their oversight responsibilities in accordance with this chapter with respect to overseas contingency operations. Subject to the requirements of this section, the President, acting through the Chair of the Council of the Inspectors General on Integrity and Efficiency, shall maintain the position of the Lead Inspector General for Operation Atlantic Resolve in accordance with section 419 of title 5 , United States Code. The title of the position of the Lead Inspector General for Operation Atlantic Resolve is hereby redesignated as the ‘Special Inspector General for Operation Atlantic Resolve’ (in this section referred to as the ‘Special Inspector General’). Any reference in law, regulation, document, paper, or other record of the United States to the Lead Inspector General for Operation Atlantic Resolve shall be deemed to be a reference to the Special Inspector General for Operation Atlantic Resolve. Upon request by the Chair or Ranking Member of an appropriate committee of Congress, not later than 30 days after receiving the request, the Special Inspector General shall to the extent practicable provide a briefing to such committee on the activities of the Special Inspector General with respect to programs and operations funded with amounts appropriated by the United States for Ukraine. Not later than 45 days after the date of the enactment of this Act [ Dec. 22, 2023 ], and every 90 days thereafter, the President shall publish on a publicly available website of the United States Government a comprehensive accounting of unclassified amounts appropriated by the United States for Ukraine. security, economic, and humanitarian assistance to Ukraine and other countries affected by the war; United States European Command operations and related support for the United States military; and operations of other relevant United States Government agencies involved in the Ukraine response, as appropriate. a description of any waste, fraud, or abuse identified by the Inspectors General with respect to programs and operations funded with amounts appropriated by the United States for Ukraine; investigations, inspections, and audits; and referrals to the Department of Justice; and a description of the overall plans for review by the Inspectors General of such support of Ukraine, including plans for investigations, inspections, and audits. The Special Inspector General shall publish on a publicly available website the unclassified form of each report required by paragraph (1). Each report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex if the Special Inspector General considers it necessary. Nothing in this section may be construed to limit the Special Inspector General from exercising all authorities and discharging all responsibilities granted to the Lead Inspector General for Operation Atlantic Resolve in accordance with section 419 of title 5 , United States Code, in the exercise of oversight responsibilities for Operation Atlantic Resolve generally and under this section with respect to Ukraine. The requirements and authorities of this section with respect to the Special Inspector General shall cease in accordance with the sunset provisions for the Lead Inspector General for Operation Atlantic Resolve pursuant to section 419(f) [probably should be “419(e)”] of title 5, United States Code. the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs of the Senate; and the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Oversight and Accountability of the House of Representatives. The Inspector General of the Department of Defense. The Inspector General of the Department of State. The Inspector General of the United States Agency for International Development. There is authorized to be appropriated for fiscal year 2024 $8,000,000 to carry out this section.”