FEDERAL · 5 U.S.C. · Chapter 4
Reports
5 U.S.C. § 405
Title5 — Government Organization and Employees
Chapter4 — INSPECTORS GENERAL
This text of 5 U.S.C. § 405 (Reports) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
5 U.S.C. § 405.
Text
(a)Definitions.—In this section:
(1)Disallowed cost.—The term "disallowed cost" means a questioned cost that management, in a management decision, has sustained 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 concluded, in its management decision, are necessary with respect to the findings and recommendations included in an audit report; and
(B)in the event that the management of an establishment concludes no action is necessary, final action occurs when a management decision has been made.
(3)Management decision.—The term "management decision" means the evaluation by the management of an establishment of the findings and recommendations included in an audit
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Laura Wilson, Personal Representative of the Estate of Max Wilson, Deceased v. United States
405 F.3d 1002 (Federal Circuit, 2005)
(SS) Yang v. Commissioner of Social Security
(E.D. California, 2019)
(SS) Ordaz v. Commissioner of Social Security
(E.D. California, 2020)
(SS) Sanders v. Commissioner of Social Security
(E.D. California, 2025)
Xavier B. v. Frank Bisignano, Commissioner of Social Security
(E.D. Washington, 2025)
(SS) Silva v. Commissioner of Social Security
(E.D. California, 2023)
Lewis v. Kijakazi
(N.D. California, 2023)
Rodriguez v. Kijakazi
(S.D. California, 2023)
Cathey v. Berryhill
(S.D. California, 2021)
Hancock v. Saul
(N.D. California, 2020)
(SS) Casillas De Magana v. Commissioner of Social Security
(E.D. California, 2024)
Perez v. Kijakazi
(S.D. California, 2024)
Laura Wilson, Personal Representative of the Estate of Max Wilson, Deceased v. United States
(Federal Circuit, 2005)
Tonyette N. Devito Ortiz v. Martin J. O Malley
(C.D. California, 2025)
Donna R Stevens v. Nancy A. Berryhill
(C.D. California, 2020)
Fuller v. Commissioner of Social Security Administration
(D. Arizona, 2020)
Bond v. Azar
(D. Arizona, 2020)
Trinidad v. Commissioner of Social Security Administration
(D. Arizona, 2020)
(SS) Rosenof v. Commissioner of Social Security
(E.D. California, 2022)
Grimes v. Social Security Administration
(D. Maryland, 2025)
Source Credit
History
(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.)
Editorial Notes
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. 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 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:
(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:
(D) by amending paragraph (15), as so redesignated, to read as follows:
(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:
(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:
(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.
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.
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, 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.
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 request 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 Establishments to Deficiencies Identified by Inspectors 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 Chairman of the Commodity Futures Trading Commission, the Chairman of the National Credit Union Administration, the Director of the Pension Benefit Guaranty Corporation, and the Chairman of the Securities and Exchange 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 action is necessary or appropriate in connection with a deficiency described in paragraph (1)."
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 Findings.—
"(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 significant 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 disallowed.
"(3) Information exempt from public disclosure.—(A) Nothing in this subsection shall be construed 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 instance where information has been redacted in accordance 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 report.
"(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 subsection were issued during the covered period.
"(d) Submission of Individual Audits.—
"(1) Requirement.—The head of each Federal department 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 identification 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 Government Reform [now Committee on Oversight and Accountability] 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 Representatives.
"(E) The Committees of primary jurisdiction over the agency or department to which the request is made.
"(e) Classified Information.—Nothing in this section shall be interpreted to require the handling of classified information or information relating to intelligence 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 'significant 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 contract, 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 Federal agency shall make management decisions on all findings and recommendations set forth in an audit report of the inspector general of the agency within a maximum of six months after the issuance of the report.
"(2) The head of a Federal agency shall make management 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 recommendation 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 management decision within the 12-month period, the inspector 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 completed."
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. 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 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:
(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:
(D) by amending paragraph (15), as so redesignated, to read as follows:
(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:
(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:
(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.
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.
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, 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.
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 request 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 Establishments to Deficiencies Identified by Inspectors 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 Chairman of the Commodity Futures Trading Commission, the Chairman of the National Credit Union Administration, the Director of the Pension Benefit Guaranty Corporation, and the Chairman of the Securities and Exchange 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 action is necessary or appropriate in connection with a deficiency described in paragraph (1)."
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 Findings.—
"(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 significant 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 disallowed.
"(3) Information exempt from public disclosure.—(A) Nothing in this subsection shall be construed 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 instance where information has been redacted in accordance 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 report.
"(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 subsection were issued during the covered period.
"(d) Submission of Individual Audits.—
"(1) Requirement.—The head of each Federal department 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 identification 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 Government Reform [now Committee on Oversight and Accountability] 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 Representatives.
"(E) The Committees of primary jurisdiction over the agency or department to which the request is made.
"(e) Classified Information.—Nothing in this section shall be interpreted to require the handling of classified information or information relating to intelligence 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 'significant 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 contract, 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 Federal agency shall make management decisions on all findings and recommendations set forth in an audit report of the inspector general of the agency within a maximum of six months after the issuance of the report.
"(2) The head of a Federal agency shall make management 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 recommendation 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 management decision within the 12-month period, the inspector 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 completed."
Cite This Page — Counsel Stack
Bluebook (online)
5 U.S.C. § 405, Counsel Stack Legal Research, https://law.counselstack.com/usc/5/405.