5 U.S.C. § 402

Establishment and purpose of Offices of Inspector General

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 5 CasesGoogle Scholar
(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 Office of Inspector General.(2)Department of the treasury.—In the establishment of the Department of the Treasury, 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 investigations relating to the programs and operations of the establishments listed in section 401(1) of this title;(2) to provide leadership and coordination and recommend policies for activities designed—(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 deficiencies relating to the administration of those programs and operations and the necessity 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.

Notes of Decisions
Cited in 3 cases (3 in the last 5 years), 2025–2025 · leading case: Arroyo v. Eischen, No. 1:21-cv-01687 (D. Colo. Mar. 18, 2025).
Arroyo v. Eischen, No. 1:21-cv-01687 (D. Colo. Mar. 18, 2025). “See 5 U.S.C. §§ 402 , 413(b). The Court agrees that this is an available alternative remedy.”
Amormino v. LNW Gaming, Inc., No. 2:24-cv-13009 (E.D. Mich. Aug. 25, 2025). “3, §§ 2, 11(2) (repealed 2022); 5 U.S.C. § 402 (a)(1). Most recently, the Lemanski court found that the Federal Trade Commission (“FTC”) does not qualify as a law enforcement agency under the WPA because it “does not have the authority to initiate or prosecute criminal cases and…”
Becerra, No. 6:24-cv-00603 (D. Or. Dec. 3, 2025). “5 U.S.C. § 402 (b)(1). If the OIG finds that claims have been overpaid, it can make a recommendation to CMS for an overpayment request, after which CMS may issue a demand letter to the provider though a MAC.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.