[House Report 117-193]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 117-193
======================================================================
TO MAKE REVISIONS IN TITLE 5, UNITED STATES CODE, AS NECESSARY TO KEEP
THE TITLE CURRENT, AND TO MAKE TECHNICAL AMENDMENTS TO IMPROVE THE
UNITED STATES CODE
_______
November 30, 2021.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Nadler, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 5961]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 5961) to make revisions in title 5, United States
Code, as necessary to keep the title current, and to make
technical amendments to improve the United States Code.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for the Legislation.......................... 1
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
Committee Estimate of Budgetary Effects.......................... 3
New Budget Authority and Congressional Budget Office Cost
Estimate....................................................... 3
Duplication of Federal Programs.................................. 4
Performance Goals and Objectives................................. 4
Advisory on Earmarks............................................. 4
Section-by-Section Analysis...................................... 4
Changes in Existing Law Made by the Bill, as Reported............ 31
Purpose and Summary
H.R. 5961 would revise title 5, United States Code, to move
three major laws currently located in an appendix to title 5
into the title itself, and make other necessary technical
corrections to references in other titles of the Code.
Background and Need for the Legislation
The House has assigned to the Judiciary Committee
responsibility for the ``Revision and codification of the
Statutes of the United States.''\1\ In modern practice, this
responsibility entails periodically updating the United States
Code (``the Code''). Currently organized in 54 titles based on
subject matter, the Code contains all of the general and
permanent laws of the United States. Congress created the Code
in 1926 to compile federal laws into a sensible, up-to-date
collection that would spare people the labor of searching for
laws in the chronologically-organized volumes of the Statutes
at Large.\2\ To date, 27 of these 54 titles have been enacted
into ``positive law,'' which means the text of these titles is
itself the law,\3\ while the remaining titles are ``non-
positive,'' meaning that they organize federal statutes for
users' convenience, but do not themselves have the force of
law.\4\
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\1\Clause 1(l)(17) of House Rule X.
\2\The Statutes at Large is the collection of laws passed in a
particular session of Congress, arranged in sequence by public law
number, https://www.archives.gov/federal-register/publications/
statutes.html. The content of the Statutes at Large is considered
``legal evidence of laws, concurrent resolutions, treaties,
international agreements other than treaties, proclamations by the
President, and proposed or ratified amendments to the Constitution of
the United States therein contained, in all the courts of the United
States, the several States, and the Territories and insular possessions
of the United States.'' 1 U.S.C. Sec. 112.
\3\For example, H.R. 2694 (117th Congress) proposes amending Title
18 (``Crimes and Criminal Procedure''), which is a positive title of
the U.S. Code, so it is drafted to directly amend a provision of that
title (``Section 4285 of title 18, United States Code, is amended in
the first sentence. . . .''). The content of positive-law Code titles
is considered ``legal evidence of the laws therein contained, in all
the courts of the United States, the several States, and the
Territories and insular possessions of the United States.'' 1 U.S.C.
Sec. 204.
\4\For example, H.R. 2922 (117th Congress) proposes amending
section 101(b) of the Elder Abuse Prevention and Prosecution Act, which
is compiled in Title 34 (``Crime Control and Law Enforcement''), a non-
positive title of the Code. In this situation, the bill amends the
underlying law and includes a parenthetical citation to its location in
Title 34 as a convenience (``Section 101(b) of the Elder Abuse
Prevention and Prosecution Act (34 U.S.C. 21711(b)) is amended to read.
. .''). The contents of non-positive titles ``establish prima facie the
laws of the United States, general and permanent in their nature, in
force on the day preceding the commencement of the session following
the last session the legislation of which is included.'' 1 U.S.C.
Sec. 204.
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The entity responsible for updating the Code as Congress
passes new laws or amends existing ones is the Office of the
Law Revision Counsel (OLRC).\5\ Established within the House of
Representatives, OLRC's purpose is ``to develop and keep
current an official and positive codification of the laws of
the United States,'' while maintaining strict impartiality as
to issues of legislative policy.\6\ The Judiciary Committee
plays an essential role in two of OLRC's important functions.
OLRC is required:
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\5\Office of the Law Revision Counsel (hereinafter OLRC), U.S.
Code, home page, https://uscode.house.gov/.
\6\H. Res. 988 (93d Congress), Sec. 205(c), as enacted into law by
Pub. L. 93-554 (2 U.S.C. Sec. 285a).
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(1) To prepare, and submit to the Committee on the
Judiciary one title at a time, a complete compilation,
restatement, and revision of the general and permanent
laws of the United States which conforms to the
understood policy, intent, and purpose of the Congress
in the original enactments, with such amendments and
corrections as will remove ambiguities, contradictions,
and other imperfections both of substance and of form,
separately stated, with a view to the enactment of each
title as positive law.
The Judiciary Committee therefore plays a key role in
maintaining the accuracy of the U.S. Code. OLRC regularly
submits to the Committee proposed legislation that carries out
its mission to keep the Code current and correct. The Judiciary
Committee then considers and reports this legislation to the
House. If the legislation passes into law, OLRC implements the
changes in the Code.
H.R. 5961, which amends title 5 of the Code (Government
Organization and Employees), represents one of OLRC's recent
efforts to keep positive-laws titles in the Code up to date.
Three important government accountability laws adopted in the
1970s--the Federal Advisory Committee Act, the Inspector
General Act (IG Act), and the Ethics in Government Act--were
adopted after title 5 became positive law. OLRC therefore
placed the three laws in an appendix to title 5, and they have
been cited somewhat confusingly since that time as ``5 U.S.C.
App.'' Section 3 of H.R. 5961 eliminates this appendix by
creating three new chapters for these three laws within the
body of title 5 itself.\7\ For example, section 2 of the IG
Act, which is currently cited as ``5 U.S.C. App. (IGA
Sec. 2),'' will be cited as ``5 U.S.C. 402'' when the bill is
adopted. Section 4 of the bill corrects cross references to the
three laws that occur in other titles of the Code.
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\7\OLRC web site, Positive Law Codification, Title 5, United States
Code, https://uscode.house.gov/codification/t5/index.html. The three
new chapters are 10 (FACA), 4 (the IG Act), and 131 (the EGA).
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Hearings
The Committee did not hold any hearings related to H.R.
5961.
Committee Consideration
On November 17, 2021, the Committee met in open session and
ordered the bill, H.R. 5961, favorably reported without an
amendment, by a voice vote, a quorum being present.
Committee Votes
No roll call votes occurred during the Committee's
consideration of H.R. 5961.
Committee Oversight Findings
In compliance with clause 3(c)(1) of House Rule XIII, the
Committee advises that the findings and recommendations of the
Committee, based on oversight activities under clause 2(b)(1)
of House Rule X, are incorporated in the descriptive portions
of this report.
Committee Estimate of Budgetary Effects
Pursuant to clause 3(d)(1) of House Rule XIII, the
Committee adopts as its own the cost estimate prepared by the
Director of the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974.
New Budget Authority and Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(2) of House Rule XIII and section
308(a) of the Congressional Budget Act of 1974, and pursuant to
clause (3)(c)(3) of House Rule XIII and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received from the Director of Congressional Budget
Office (CBO) a budgetary analysis and a cost estimate of this
bill. Based on CBO's analysis of a similar bill (H.R. 3239)
transmitted to the Committee on June 14, 2021, the Committee
estimates that H.R. 5961 would have no effect on the federal
budget.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of House Rule XIII, no provision
of H.R. 5961 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
House Rule XIII, H.R. 5961 would help implement an editorial
reclassification to portions of the United States Code, with
the goal of improving and modernizing the overall organization
of the Code.
Advisory on Earmarks
In accordance with clause 9 of House Rule XXI, H.R. 5961
does not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits as defined in clause 9(d),
9(e), or 9(f) of House Rule XXI.
Section-by-Section Analysis
The section-by-section analysis prepared by the OLRC is as
follows:
Section-by-Section Explanation
Section 1--Table of Contents
Section 1 of the bill provides a table of contents for the
Act.
Section 2--Purposes; Restatement Does Not Change Meaning or Effect of
Existing Law
Section 2(a)
Section 2(a) of the bill provides that the purposes are to
make revisions in title 5, United States Code, as necessary to
keep the title current, and to make technical amendments to
improve the United States Code.
Section 2(b)(1)
Section 2(b)(1) of the bill provides that the restatement
of existing law does not change the meaning or effect of the
existing law (see the explanation above, under the heading
``Restatement Does Not Change Meaning or Effect of Existing
Law'').
Section 2(b)(2)
Section 2(b)(2) of the bill creates a rule of construction
to provide that, notwithstanding the plain meaning rule or
other rules of statutory construction, a change in wording made
in the restatement of existing law serves to clarify the
existing law, but not to change the meaning or effect of the
existing law. This rule of construction applies whether or not
a change in wording is explained by a revision note appearing
in a congressional report accompanying the bill. The bill
provides that if such a revision note does appear, a court is
required to consider the revision note in interpreting the
change.
Section 3--Revision of Title 5, United States Code
Section 3(a) of the bill amends title 5, United States
Code, by inserting chapter 10, which is a restatement of the
Federal Advisory Committee Act (Public Law 92-463).
Section 3(b) of the bill amends title 5, United States
Code, by inserting chapter 4, which is a restatement of the
Inspector General Act of 1978 (Public Law 95-452).
Section 3(c) of the bill amends title 5, United States
Code, by inserting Part IV--Ethics Requirements, in which is
inserted chapter 131, which is a restatement of titles I, IV,
and V of the Ethics in Government Act of 1978 (Public Law 95-
521). Title I of the Ethics in Government Act of 1978 is
restated as subchapter I of chapter 131 of title 5, United
States Code. Title IV of the Ethics in Government Act of 1978
is restated as subchapter II of chapter 131 of title 5, United
States Code. Title V of the Ethics in Government Act of 1978 is
restated as subchapter III of chapter 131 of title 5, United
States Code. (Titles II and III of the Ethics in Government Act
of 1978 were previously repealed.)
For each new section of title 5, United States Code, that
is enacted by section 3 of the bill, a 3-column source table is
set out below (along with any applicable revision notes) to
indicate the specific source law being restated in each new
section of title 5, United States Code.
In the 3-column source tables (and revision notes) set out
below, sections 1001 through 1014 are related to chapter 10 of
title 5, United States Code, sections 401 through 424 are
related to chapter 4 of title 5, United States Code, and
sections 13101 through 13146 are related to chapter 131 of
title 5, United States Code.
Section 1001
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
1001................................. 5 U.S.C. App. (FACA Sec. 3) Pub. L. 92-463, Sec. 3, Oct. 6, 1972,
86 Stat. 770; Pub. L. 105-153, Sec.
2(a), Dec. 17, 1997, 111 Stat. 2689.
----------------------------------------------------------------------------------------------------------------
Section 1002
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
1002................................. 5 U.S.C. App. (FACA Sec. 2) Pub. L. 92-463, Sec. 2, Oct. 6, 1972,
86 Stat. 770.
----------------------------------------------------------------------------------------------------------------
Section 1003
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
1003................................. 5 U.S.C. App. (FACA Sec. 4) Pub. L. 92-463, Sec. 4, Oct. 6, 1972,
86 Stat. 771; Pub. L. 111-259, title
IV, Sec. 410(a), Oct. 7, 2010, 124
Stat. 2724.
----------------------------------------------------------------------------------------------------------------
Section 1004
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
1004............................... 5 U.S.C. App. (FACA Sec. 5) Pub. L. 92-463, Sec. 5, Oct. 6, 1972,
86 Stat. 771.
----------------------------------------------------------------------------------------------------------------
Section 1005
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
1005................................. 5 U.S.C. App. (FACA Sec. 6(a), Pub. L. 92-463, Sec. 6(a), (b), Oct.
(b)) 6, 1972, 86 Stat. 772.
----------------------------------------------------------------------------------------------------------------
Section 1006
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
1006................................. 5 U.S.C. App. (FACA Sec. 7) Pub. L. 92-463, Sec. 7, Oct. 6, 1972,
86 Stat. 772; Pub. L. 96-523, Sec. 2,
Dec. 12, 1980, 94 Stat. 3040.
----------------------------------------------------------------------------------------------------------------
In this section, the words ``Administrator'' and ``General
Services Administration'' are substituted for ``Director'' and
``Office of Management and Budget'', respectively, because of
section 5F of Reorganization Plan No. 1 of 1977 (5 U.S.C.
App.).
In subsection (b)(1), the words ``Each year, the
Administrator shall conduct a comprehensive review'' are
substituted for ``The Administrator shall, immediately after
the enactment of this Act [October 6, 1972], institute a
comprehensive review'' and ``Thereafter, the Administrator
shall carry out a similar review annually'' to eliminate
obsolete language.
In subsection (d)(1) (matter before subparagraph (A)), the
words ``Director of the Office of Personnel Management'' are
substituted for ``Civil Service Commission'' because of section
102 of Reorganization Plan No. 2 of 1978 (5 U.S.C. App.).
In subsection (d)(1) (matter before subparagraph (A)), the
words ``The guidelines shall provide'' are substituted for
``The regulations shall provide'' for consistency with the 1st
sentence of subsection (d)(1), which provides that the
Administrator shall establish ``guidelines'', not regulations.
In subsection (d)(1)(A), the words ``maximum rate payable
under section 5376 of this title'' are substituted for ``rate
specified for GS-18 of the General Schedule under section 5332
of title 5, United States Code'' for clarity and because of
section 101(c) of the Federal Employees Pay Comparability Act
of 1990 (enacted by section 529 of Public Law 101-509 (5 U.S.C.
5376 note)).
In subsection (d)(1)(C)(i), the words ``individuals with
disabilities'' are substituted for ``handicapped individuals''
for consistency with section 501 of the Rehabilitation Act of
1973 (29 U.S.C. 791).
In subsection (d)(1)(C)(i), the citation to ``(29 U.S.C.
791)'' is substituted for ``(29 U.S.C. 794)'' to correct an
error in the law.
Section 1007
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
1007................................. 5 U.S.C. App. (FACA Sec. 8) Pub. L. 92-463, Sec. 8, Oct. 6, 1972,
86 Stat. 773.
----------------------------------------------------------------------------------------------------------------
In subsection (a), the word ``Administrator'' is
substituted for ``Director'' (meaning the Director of the
Office of Management and Budget) because of section 5F of
Reorganization Plan No. 1 of 1977 (5 U.S.C. App.).
Section 1008
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
1008................................. 5 U.S.C. App. (FACA Sec. 9) Pub. L. 92-463, Sec. 9, Oct. 6, 1972,
86 Stat. 773.
----------------------------------------------------------------------------------------------------------------
In subsection (a)(2) and subsection (c)(1)(A), the word
``Administrator'' is substituted for ``Director'' (meaning the
Director of the Office of Management and Budget) because of
section 5F of Reorganization Plan No. 1 of 1977 (5 U.S.C.
App.).
Section 1009
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
1009................................. 5 U.S.C. App. (FACA Sec. 10) Pub. L. 92-463, Sec. 10, Oct. 6, 1972,
86 Stat. 774; Pub. L. 94-409, Sec.
5(c), Sept. 13, 1976, 90 Stat. 1247.
----------------------------------------------------------------------------------------------------------------
In subsection (a), in paragraphs (2) and (3), the word
``Administrator'' is substituted for ``Director'' (meaning the
Director of the Office of Management and Budget) because of
section 5F of Reorganization Plan No. 1 of 1977 (5 U.S.C.
App.).
Section 1010
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
1010................................. 5 U.S.C. App. (FACA Sec. 11) Pub. L. 92-463, Sec. 11, Oct. 6, 1972,
86 Stat. 775.
----------------------------------------------------------------------------------------------------------------
In subsection (b), the words ``Except where prohibited by
contractual agreements entered into prior to the effective date
of this Act [i.e., 90 days after October 6, 1972]'' are omitted
as obsolete.
Section 1011
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
1011................................. 5 U.S.C. App. (FACA Sec. 12) Pub. L. 92-463, Sec. 12, Oct. 6, 1972,
86 Stat. 775.
----------------------------------------------------------------------------------------------------------------
Section 1012
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
1012................................. 5 U.S.C. App. (FACA Sec. 13) Pub. L. 92-463, Sec. 13, Oct. 6, 1972,
86 Stat. 775.
----------------------------------------------------------------------------------------------------------------
In this section, the word ``Administrator'' is substituted
for ``Director'' (meaning the Director of the Office of
Management and Budget) because of section 5F of Reorganization
Plan No. 1 of 1977 (5 U.S.C. App.).
Section 1013
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
1013................................. 5 U.S.C. App. (FACA Sec. 14) Pub. L. 92-463, Sec. 14, Oct. 6, 1972,
86 Stat. 776.
----------------------------------------------------------------------------------------------------------------
In subsection (a)(1) (matter before subparagraph (A)), the
date ``January 5, 1973'' is substituted for ``the effective
date of this Act'', and in subsection (a)(2) (matter before
subparagraph (A)), the date ``January 5, 1973'' is substituted
for ``such effective date'', for clarity. In accordance with
section 16 (formerly section 15) of the Federal Advisory
Committee Act (Public Law 92-463, 86 Stat. 776), which provides
``this Act shall become effective upon the expiration of ninety
days following the date of enactment'', the effective date of
the Act is January 5, 1973.
Section 1014
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
1014................................. 5 U.S.C. App. (FACA Sec. 15) Pub. L. 92-463, Sec. 15, as added Pub.
L. 105-153, Sec. 2(b), Dec. 17, 1997,
111 Stat. 2689.
----------------------------------------------------------------------------------------------------------------
In subsection (a)(2), the date ``December 17, 1997'' is
substituted for ``the date of the enactment of the Federal
Advisory Committee Act Amendments of 1997'' for clarity.
Section 401
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
401.................................. 5 U.S.C. App. (IGA Sec. 12) Pub. L. 95-452, Sec. 12, formerly Sec.
11, Oct. 12, 1978, 92 Stat. 1109;
Pub. L. 96-88, title V, Sec.
508(n)(3), (4), Oct. 17, 1979, 93
Stat. 695; Pub. L. 97-113, title VII,
Sec. 705(a)(2), Dec. 29, 1981, 95
Stat. 1544; Pub. L. 97-252, title XI,
Sec. 1117(a)(4), (5), Sept. 8, 1982,
96 Stat. 751; Pub. L. 99-93, title I,
Sec. 150(a)(2), Aug. 16, 1985, 99
Stat. 427; Pub. L. 99-399, title IV,
Sec. 412(a)(2), Aug. 27, 1986, 100
Stat. 867; Pub. L. 100-504, title I,
Sec. 102(c), Oct. 18, 1988, 102 Stat.
2515; Pub. L. 100-527, Sec. 13(h)(2),
(3), Oct. 5, 1988, 102 Stat. 2643;
Pub. L. 101-73, title V, Sec.
501(b)(1), Aug. 9, 1989, 103 Stat.
393; Pub. L. 102-233, title III, Sec.
315(a), Dec. 12, 1991, 105 Stat.
1772; Pub. L. 103-82, title II, Sec.
202(g)(4), Sept. 21, 1993, 107 Stat.
890; Pub. L. 103-204, Sec. 23(a)(1),
Dec. 17, 1993, 107 Stat. 2407; Pub.
L. 103-296, title I, Sec. 108(l)(2),
Aug. 15, 1994, 108 Stat. 1489; Pub.
L. 103-325, title I, Sec. 118(a),
Sept. 23, 1994, 108 Stat. 2188; Pub.
L. 104-106, div. D, title XLIII, Sec.
4322(b)(1), (3), Feb. 10, 1996, 110
Stat. 677; Pub. L. 105-277, div. G,
subdiv. A, title XIII, Sec. 1314(b),
Oct. 21, 1998, 112 Stat. 2681-776;
Pub. L. 106-422, Sec. 1(b)(2), Nov.
1, 2000, 114 Stat. 1872; Pub. L. 107-
189, Sec. 22(a), (d), June 14, 2002,
116 Stat. 707, 708; Pub. L. 107-296,
title XVII, Sec. 1701, Nov. 25, 2002,
116 Stat. 2313; Pub. L. 108-271, Sec.
8(b), July 7, 2004, 118 Stat. 814;
Pub. L. 109-295, title VI, Sec.
612(c), Oct. 4, 2006, 120 Stat. 1410;
Pub. L. 110-234, title XIV, Sec.
14217(c), May 22, 2008, 122 Stat.
1482; Pub. L. 110-246, Sec. 4(a),
title XIV, Sec. 14217(c), June 18,
2008, 122 Stat. 1664, 2244; Pub. L.
110-289, div. A, title I, Sec.
1105(c), July 30, 2008, 122 Stat.
2668; renumbered Sec. 12, Pub. L. 110-
409, Sec. 7(a), Oct. 14, 2008, 122
Stat. 4305; Pub. L. 113-126, title
IV, Sec. Sec. 402(2), 412(2), July 7,
2014, 128 Stat. 1408, 1409; Pub. L.
115-141, div. P, title V, Sec.
501(a)(2), Mar. 23, 2018, 132 Stat.
1090.
----------------------------------------------------------------------------------------------------------------
In paragraph (1), the words ``Veterans Affairs'' are
inserted in the list of Departments, and the words ``Veterans''
Administration'' are deleted from the list of Administrations,
to update obsolete references in the law.
In paragraph (1), the words ``the Resolution Trust
Corporation'' have been omitted as obsolete because section
21A(m)(1) of the Federal Home Loan Bank Act (12 U.S.C.
1441a(m)(1)) provided for termination of the Resolution Trust
Corporation not later than December 31, 1995, and the authority
and responsibilities of the Resolution Trust Corporation were
transferred to the Federal Deposit Insurance Corporation under
section 40(n)(4) of the Federal Deposit Insurance Act (12
U.S.C. 1831q(n)(4)).
In paragraphs (1) and (3), the words ``of the United
States'' are inserted after ``Export-Import Bank'' to correct
errors in the law.
In paragraph (3), the words ``Veterans Affairs'' are
inserted in the list of Secretaries, and the words ``Veterans''
Affairs'' are deleted from the list of Administrators, to
update obsolete references in the law.
In paragraph (3), the words ``the Director of'' are
inserted before ``the Office of Personnel Management'' to
correct an error in the law. The Office of Personnel Management
is headed by a director (rather than an administrator) as
provided in section 1102(a) of title 5, United States Code.
In paragraph (3), the words ``the Chairperson of the Thrift
Depositor Protection Oversight Board'' are omitted because the
Thrift Depositor Protection Oversight Board was abolished by
section 14(a) through (d) of the Homeowners Protection Act of
1998 (Public Law 105-216, 112 Stat. 908).
In paragraph (3), the words ``the chief executive officer
of the Resolution Trust Corporation'' are omitted because
section 21A(m)(1) of the Federal Home Loan Bank Act (12 U.S.C.
1441a(m)(1)) provided for termination of the Resolution Trust
Corporation not later than December 31, 1995, and the authority
and responsibilities of the Resolution Trust Corporation were
transferred to the Federal Deposit Insurance Corporation under
section 40(n)(4) of the Federal Deposit Insurance Act (12
U.S.C. 1831q(n)(4)).
Section 402
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
402.................................. 5 U.S.C. App. (IGA Sec. 2) Pub. L. 95-452, Sec. 2, Oct. 12, 1978,
92 Stat. 1101; Pub. L. 96-88, title
V, Sec. 508(n)(1), Oct. 17, 1979, 93
Stat. 694; Pub. L. 97-113, title VII,
Sec. 705(a)(1), Dec. 29, 1981, 95
Stat. 1544; Pub. L. 97-252, title XI,
Sec. 1117(a)(1), Sept. 8, 1982, 96
Stat. 750; Pub. L. 99-93, title I,
Sec. 150(a)(1), Aug. 16, 1985, 99
Stat. 427; Pub. L. 99-399, title IV,
Sec. 412(a)(1), Aug. 27, 1986, 100
Stat. 867; Pub. L. 100-504, title I,
Sec. 102(a), (b), Oct. 18, 1988, 102
Stat. 2515; Pub. L. 100-527, Sec.
13(h)(1), Oct. 25, 1988, 102 Stat.
2643; Pub. L. 105-206, title I, Sec.
1103(a), July 22, 1998, 112 Stat.
705; Pub. L. 110-409, Sec.
7(d)(1)(A), Oct. 14, 2008, 122 Stat.
4313.
----------------------------------------------------------------------------------------------------------------
Section 403
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
403.................................. 5 U.S.C. App. (IGA Sec. 3) Pub. L. 95-452, Sec. 3, Oct. 12, 1978,
92 Stat. 1101; Pub. L. 110-409, Sec.
Sec. 3(a), 4(a)(1), 5, 6(a), Oct. 14,
2008, 122 Stat. 4302, 4305; Pub. L.
112-199, title I, Sec. 117(a), Nov.
27, 2012, 126 Stat. 1474; Pub. L. 114-
317, Sec. 7(d)(3)(A), Dec. 16, 2016,
130 Stat. 1606; Pub. L. 115-192, Sec.
2(a), June 25, 2018, 132 Stat. 1502.
----------------------------------------------------------------------------------------------------------------
In subsection (d)(4) (ma tter before subparagraph (A)), the
words ``Whistleblower Protection Coordinator'' are substituted
for ``Whistleblower Protection Ombudsman'' to correct an error
in the law.
Section 404
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
404.................................. 5 U.S.C. App. (IGA Sec. 4) Pub. L. 95-452, Sec. 4, Oct. 12, 1978,
92 Stat. 1102; Pub. L. 100-504, title
I, Sec. 109, Oct. 18, 1988, 102 Stat.
2529; Pub. L. 103-82, title II, Sec.
202(g)(5)(A), Sept. 21, 1993, 107
Stat. 890; Pub. L. 108-271, Sec.
8(b), July 7, 2004, 118 Stat. 814;
Pub. L. 110-409, Sec. 7(d)(1)(A),
Oct. 14, 2008, 122 Stat. 4313; Pub.
L. 114-317, Sec. Sec. 4(d),
7(d)(2)(A), Dec. 16, 2016, 130 Stat.
1602, 1606.
----------------------------------------------------------------------------------------------------------------
In subsection (a)(4) (matter before subparagraph (A)), the
words ``the establishment'' are inserted after ``to recommend
policies for'' and a comma is inserted after ``and
nongovernmental entities'' for clarity.
In subsection (b)(1)(C), the word ``ensure'' is substituted
for ``assure'' for clarity.
In subsection (c), the word ``ensuring'' is substituted for
``insuring'' for clarity.
Section 405
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
405.................................. 5 U.S.C. App. (IGA Sec. 5) Pub. L. 95-452, Sec. 5, Oct. 12, 1978,
92 Stat. 1103; Pub. L. 97-252, title
XI, Sec. 1117(c), Sept. 8, 1982, 96
Stat. 752; Pub. L. 100-504, title I,
Sec. Sec. 102(g), 106, Oct. 18, 1988,
102 Stat. 2521, 2525; Pub. L. 104-
208, div. A, title I, Sec. 101(f)
[title VIII, Sec. 805(c)], Sept. 30,
1996, 110 Stat. 3009-314, 3009-393;
Pub. L. 110-409, Sec. 12, Oct. 14,
2008, 122 Stat. 4315; Pub. L. 111-
203, title IX, Sec. 989C, July 21,
2010, 124 Stat. 1945; Pub. L. 114-
317, Sec. Sec. 4(c), 7(d)(2)(B), (C),
Dec. 16, 2016, 130 Stat. 1600, 1606;
Pub. L. 115-192, Sec. 2(c), June 25,
2018, 132 Stat. 1503; Pub. L. 116-92,
div. A, title XVII, Sec. 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.
Section 406
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
406.................................. 5 U.S.C. App. (IGA Sec. 6) Pub. L. 95-452, Sec. 6, Oct. 12, 1978,
92 Stat. 1104; Pub. L. 100-504, title
I, Sec. Sec. 107, 110(a), Oct. 18,
1988, 102 Stat. 2528, 2529; Pub. L.
107-296, title VIII, Sec. 812(a),
Nov. 25, 2002, 116 Stat. 2222; Pub.
L. 110-409, Sec. Sec. 8, 9, 11,
14(a), Oct. 14, 2008, 122 Stat. 4313-
4316; Pub. L. 114-317, Sec. Sec. 2,
5, 7(d)(2)(D), (3)(B), Dec. 16, 2016,
130 Stat. 1595, 1603, 1606.
----------------------------------------------------------------------------------------------------------------
In subsection (a)(8), the words ``maximum rate payable
under section 5376 of this title'' are substituted for
``equivalent rate prescribed for grade GS-18 of the General
Schedule by section 5332 of title 5, United States Code'' for
clarity and because of section 101(c) of the Federal Employees
Pay Comparability Act of 1990 (enacted by section 529 of Public
Law 101-509 (5 U.S.C. 5376 note)).
In subsection (f)(7), the date ``November 25, 2002'' is
substituted for ``the date of enactment of this subsection''
for clarity. Subsection (f) (formerly subsection (e)) of
section 6 of the Inspector General Act of 1978 was enacted on
November 25, 2002, by section 812(a) of the Homeland Security
Act of 2002 (Public Law 107-296, 116 Stat. 2222).
In subsection (h)(4)(B), 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).
Section 407
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
407.................................. 5 U.S.C. App. (IGA Sec. 7) Pub. L. 95-452, Sec. 7, Oct. 12, 1978,
92 Stat. 1105.
----------------------------------------------------------------------------------------------------------------
Section 408
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
408.................................. 5 U.S.C. App. (IGA Sec. 8) Pub. L. 95-452, Sec. 8, Oct. 12, 1978,
92 Stat. 1105; Pub. L. 97-252, title
XI, Sec. 1117(b), Sept. 8, 1982, 96
Stat. 751; Pub. L. 100-504, title I,
Sec. 110(b), Oct. 18, 1988, 102 Stat.
2529; Pub. L. 104-106, div. A, title
XV, Sec. 1502(f)(6), Feb. 10, 1996,
110 Stat. 510; Pub. L. 106-65, div.
A, title X, Sec. 1067(17), Oct. 5,
1999, 113 Stat. 775; Pub. L. 110-417,
[div. A], title IX, Sec. 907, Oct.
14, 2008, 122 Stat. 4569; Pub. L. 111-
84, div. A, title X, Sec. 1042, Oct.
28, 2009, 123 Stat. 2455; Pub. L. 112-
239, div. A, title XVI, Sec. 1614,
Jan. 2, 2013, 126 Stat. 2066; Pub. L.
114-317, Sec. 6(1), Dec. 16, 2016,
130 Stat. 1604.
----------------------------------------------------------------------------------------------------------------
In subsection (b)(3), the words ``Committee on Homeland
Security and Governmental Affairs of the Senate'' are
substituted for ``[Committee on] Governmental Affairs of the
Senate'' on authority of Senate Resolution No. 445, 108th
Congress, October 9, 2004 (effective January 4, 2005).
In subsection (b)(3), the words ``Committee on Oversight
and Reform'' are substituted for ``Committee on Government
Reform and Oversight'' on authority of House Resolution No. 5
(106th Congress, January 6, 1999), House Resolution No. 6
(110th Congress, January 5, 2007), and 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)(9), the word ``ensuring'' is substituted
for ``insuring'' for clarity.
In subsection (f)(1) (matter before subparagraph (A)), 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).
Section 409
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
409(a)............................... 5 U.S.C. App. (IGA Sec. 8A(f)) Pub. L. 95-452, Sec. 8A(f), formerly
(h), as added Pub. L. 97-113, title
VII, Sec. 705(a)(3), Dec. 29, 1981,
95 Stat. 1545; redesignated (f), Pub.
L. 105-277, div. G, subdiv. A, title
XIV, Sec. 1422(b)(2)(C), Oct. 21,
1998, 112 Stat. 2681-792.
409(b)............................... 5 U.S.C. App. (IGA Sec. 8A(c)) Pub. L. 95-452, Sec. 8A(c), formerly
(d), as added Pub. L. 97-113, title
VII, Sec. 705(a)(3), Dec. 29, 1981,
95 Stat. 1545; redesignated (c), Pub.
L. 105-277, div. G, subdiv. A, title
XIV, Sec. 1422(b)(2)(C), Oct. 21,
1998, 112 Stat. 2681-792.
409(c)............................... 5 U.S.C. App. (IGA Sec. 8A(d)) Pub. L. 95-452, Sec. 8A(d), formerly
(e), as added Pub. L. 97-113, title
VII, Sec. 705(a)(3), Dec. 29, 1981,
95 Stat. 1545; redesignated (d), Pub.
L. 105-277, div. G, subdiv. A, title
XIV, Sec. 1422(b)(2)(C), Oct. 21,
1998, 112 Stat. 2681-792; Pub. L. 114-
317, Sec. 7(d)(2)(E), Dec. 16, 2016,
130 Stat. 1606.
409(d)............................... 5 U.S.C. App. (IGA Sec. 8A(e)) Pub. L. 95-452, Sec. 8A(e), formerly
(g), as added Pub. L. 97-113, title
VII, Sec. 705(a)(3), Dec. 29, 1981,
95 Stat. 1545; redesignated (e), Pub.
L. 105-277, div. G, subdiv. A, title
XIV, Sec. 1422(b)(2)(C), Oct. 21,
1998, 112 Stat. 2681-792.
----------------------------------------------------------------------------------------------------------------
In subsection (b), the reference to ``section 406(a)(7) of
this title'' is substituted for ``section 6(a)(6) of this Act''
for clarity and to correct an error in the law. In the source
law (section 8A(c) of the Inspector General Act of 1978), the
reference to ``section 6(a)(6) of this Act'' is incorrect.
Section 6(a)(6) of the Inspector General Act of 1978 was
redesignated as section 6(a)(7) of that Act by section 107(1)
of the Inspector General Act Amendments of 1988 (Public Law
100-504, 102 Stat. 2528).
In subsection (c), the words ``overseas personnel
ceilings'' are substituted for ``overseas personnel ceilings
established under the Monitoring Overseas Direct Employment
policy'' to eliminate obsolete language. The Monitoring
Overseas Direct Employment (MODE) policy was superseded by
National Security Decision Directive No. 38 (NSDD-38) (June 2,
1982). (See https://www.state.gov/m/pri/nsdd/45148.htm, last
visited December 14, 2017).
Section 410
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
410.................................. 5 U.S.C. App. (IGA Sec. 8B) Pub. L. 95-452, Sec. 8B, as added Pub.
L. 100-504, title I, Sec. 102(f),
Oct. 18, 1988, 102 Stat. 2517.
----------------------------------------------------------------------------------------------------------------
Section 411
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
411.................................. 5 U.S.C. App. (IGA Sec. 8C) Pub. L. 95-452, Sec. 8C, as added Pub.
L. 103-204, Sec. 23(a)(2), Dec. 17,
1993, 107 Stat. 2407.
----------------------------------------------------------------------------------------------------------------
Section 412
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
412.................................. 5 U.S.C. App. (IGA Sec. 8D) Pub. L. 95-452, Sec. 8D, formerly Sec.
8C, as added Pub. L. 100-504, title
I, Sec. 102(f), Oct. 18, 1988, 102
Stat. 2518; renumbered Sec. 8D, Pub.
L. 103-204, Sec. 23(a)(3), Dec. 17,
1993, 107 Stat. 2408; amended Pub. L.
105-206, title I, Sec. 1103(b),
(e)(1), (2), July 22, 1998, 112 Stat.
705, 709; Pub. L. 107-296, title XI,
Sec. 1112(a)(1), Nov. 25, 2002, 116
Stat. 2275; Pub. L. 108-7, div. L,
Sec. 104(c)(2), Feb. 20, 2003, 117
Stat. 531; Pub. L. 109-177, title VI,
Sec. 605(e)(3), Mar. 9, 2006, 120
Stat. 255; Pub. L. 110-409, Sec.
14(b), Oct. 14, 2008, 122 Stat. 4316;
Pub. L. 112-199, title I, Sec.
117(b), Nov. 27, 2012, 126 Stat.
1475; Pub. L. 114-317, Sec. Sec.
6(2), 7(d)(3)(C), Dec. 16, 2016, 130
Stat. 1604, 1606.
----------------------------------------------------------------------------------------------------------------
In subsection (a)(3) and subsection (g)(1), the words
``[Committee] on Homeland Security and Governmental Affairs [of
the Senate]'' are substituted for ``[Committee] on Governmental
Affairs of the Senate'' on authority of Senate Resolution No.
445, 108th Congress, October 9, 2004 (effective January 4,
2005).
In subsection (a)(3), the words ``Committee on Oversight
and Reform [of the House of Representatives]'' are substituted
for ``[Committee on] Government Operations [of the House of
Representatives]'' on authority of section 1(a) of Public Law
104-14 (2 U.S.C. note prec. 21), House Resolution No. 5 (106th
Congress, January 6, 1999), House Resolution No. 6 (110th
Congress, January 5, 2007), and 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 (g)(1), the words ``Committee on Oversight
and Reform'' are substituted for ``[Committee on] Government
Reform and Oversight'' 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).
Section 413
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
413.................................. 5 U.S.C. App. (IGA Sec. 8E) Pub. L. 95-452, Sec. 8E, formerly Sec.
8D, as added Pub. L. 100-504, title
I, Sec. 102(f), Oct. 18, 1988, 102
Stat. 2520; renumbered Sec. 8E, Pub.
L. 103-204, Sec. 23(a)(3), Dec. 17,
1993, 107 Stat. 2408; Pub. L. 107-
273, div. A, title III, Sec. 308,
Nov. 2, 2002, 116 Stat. 1784; Pub. L.
114-317, Sec. Sec. 6(3), 7(d)(3)(D),
Dec. 16, 2016, 130 Stat. 1604, 1606.
----------------------------------------------------------------------------------------------------------------
In subsection (a)(3) and subsection (c), the words
``[Committee] on Homeland Security and Governmental Affairs [of
the Senate]'' are substituted for ``[Committee] on Governmental
Affairs [of the Senate]'' because of Senate Resolution No. 445,
108th Congress, October 9, 2004 (effective January 4, 2005).
In subsection (a)(3) and subsection (c), the words
``Committee on Oversight and Reform [of the House of
Representatives]'' are substituted for ``[Committee on]
Government Operations [of the House of Representatives]'' on
authority of section 1(a) of Public Law 104-14 (2 U.S.C. note
prec. 21), House Resolution No. 5 (106th Congress, January 6,
1999), House Resolution No. 6 (110th Congress, January 5,
2007), and rule X(1)(n) of the Rules of the House of
Representatives, adopted by House Resolution No. 6 (116th
Congress, January 9, 2019).
Section 414
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
414.................................. 5 U.S.C. App. (IGA Sec. 8F) Pub. L. 95-452, Sec. 8F, formerly Sec.
8E, as added Pub. L. 103-82, title
II, Sec. 202(g)(1), Sept. 21, 1993,
107 Stat. 889; renumbered Sec. 8F,
Pub. L. 103-204, Sec. 23(a)(3), Dec.
17, 1993, 107 Stat. 2408; amended
Pub. L. 111-13, title IV, Sec. 4101,
Apr. 21, 2009, 123 Stat. 1597.
----------------------------------------------------------------------------------------------------------------
Section 415
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
415.................................. 5 U.S.C. App. (IGA Sec. 8G) Pub. L. 95-452, Sec. 8G, formerly Sec.
8E, as added Pub. L. 100-504, title
I, Sec. 104(a), Oct. 18, 1988, 102
Stat. 2522; amended Pub. L. 101-73,
title VII, Sec. 702(c), Aug. 9, 1989,
103 Stat. 415; renumbered Sec. 8F and
amended Pub. L. 103-82, title II,
Sec. 202(g)(1), (2)(A), Sept. 21,
1993, 107 Stat. 889, 890; renumbered
Sec. 8G and amended Pub. L. 103-204,
Sec. 23(a)(3), (4), Dec. 17, 1993,
107 Stat. 2408; Pub. L. 104-88, title
III, Sec. 319, Dec. 29, 1995, 109
Stat. 949; Pub. L. 104-208, div. A,
title I, Sec. 101(f) [title VI, Sec.
662(b)(1), (2)], Sept. 30, 1996, 110
Stat. 3009-314, 3009 379; Pub. L. 105-
134, title IV, Sec. 409(a), Dec. 2,
1997, 111 Stat. 2586; Pub. L. 105-
277, div. C, title III, Sec. 306(h),
as added Pub. L. 106-31, title I,
Sec. 105(a)(5), May 21, 1999, 113
Stat. 63; Pub. L. 106-422, Sec.
1(b)(1), Nov. 1, 2000, 114 Stat.
1872; Pub. L. 107-252, title VIII,
Sec. 812(a), Oct. 29, 2002, 116 Stat.
1727; Pub. L. 108-271, Sec. 8(b),
July 7, 2004, 118 Stat. 814; Pub. L.
109-435, title VI, Sec. Sec. 603(b),
605(a), Dec. 20, 2006, 120 Stat.
3240, 3242; Pub. L. 110-409, Sec.
Sec. 2, 3(b), 6(b), 7(d)(1), Oct. 14,
2008, 122 Stat. 4302, 4305, 4313;
Pub. L. 111-203, title IX, Sec. Sec.
989B, 989D, title X, Sec. 1081, July
21, 2010,124 Stat. 1945, 1946, 2080;
Pub. L. 111-259, title IV, Sec.
431(a), (c), Oct. 7, 2010, 124 Stat.
2731; Pub. L. 113-126, title IV, Sec.
Sec. 402(1), 412(1), July 7, 2014,
128 Stat. 1408, 1409; Pub. L. 114-
113, div. H, title IV, Sec. 401(a),
Dec. 18, 2015, 129 Stat. 2639;Pub. L.
114-317, Sec. Sec. 6(4), 7(d)(2)(F),
(3)(E), Dec. 16, 2016, 130 Stat.
1604, 1606; Pub. L. 115-141, div. P,
title V, Sec. 501(a)(1), Mar. 23,
2018, 132 Stat. 1090; Pub. L. 115-
254, div. F, title I, Sec. 1414, Oct.
5, 2018, 132 Stat. 3492.
----------------------------------------------------------------------------------------------------------------
In subsection (a )(1)(A), the words ``the Board for
International Broadcasting'' are omitted as obsolete. The Board
for International Broadcasting was established by section 3(a)
of the Board for International Broadcasting Act of 1973 (Public
Law 93-129, 87 Stat. 457). The Board for International
Broadcasting Act of 1973 was repealed by section 310(e) of the
United States International Broadcasting Act of 1994 (Public
Law 103-236, title III, 108 Stat. 442).
In subsection (a)(1)(A), the words ``the Federal Housing
Finance Board'' are omitted as obsolete because the Federal
Housing Finance Board was abolished by section 1311 of the
Housing and Economic Recovery Act of 2008 (Public Law 110-289,
div. A, title III, 12 U.S.C. 4511 note).
In subsection (a)(1)(A), the words ``the Panama Canal
Commission'' are omitted as obsolete because of section 1305 of
the Panama Canal Act of 1979 (22 U.S.C. 3714a).
In subsection (a)(1), subparagraph (B) restates the
amendment made by section 409(a) of the Amtrak Reform and
Accountability Act of 1997 (Public Law 105-134, 111 Stat.
2586). That provision amended section 8G(a)(2) of the Inspector
General Act of 1978 by striking ``Amtrak'' from the definition
of ``designated Federal entity''. However, the amendment was
enacted with a conditional effective date; it will take effect
at the beginning of the first fiscal year after a fiscal year
for which Amtrak receives no Federal subsidy. The conditional
effective date creates uncertainty because it cannot be known
in advance when the condition will be met and the amendment
will take effect. In subsection (a)(1), subparagraph (B)
explicitly incorporates the amendatory language and the
conditional effective date within the restatement text in order
to clarify that although ``Amtrak'' is currently included in
the definition of ``designated Federal entity'', it is
automatically struck from the definition, without further
congressional action, whenever the specified condition is met.
In subsection (f)(3), in subparagraph (A)(iii) and
subparagraph (C), the words ``[Committee] on Homeland Security
and Governmental Affairs [of the Senate]'' are substituted for
``[Committee] on Governmental Affairs [of the Senate]'' because
of Senate Resolution No. 445, 108th Congress, October 9, 2004
(effective January 4, 2005).
In subsection (f)(3), in subparagraph (A)(iii) and
subparagraph (C), the words ``Committee on Oversight and
Reform'' are substituted for ``Committee on Government Reform
and Oversight'' 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 (f)(3)(B)(ii), the word ``ensuring'' is
substituted for ``insuring'' for clarity.
In subsection (g)(3), the words ``Notwithstanding the last
sentence of subsection (d)(1) of this section'' are substituted
for ``Notwithstanding the last sentence of subsection (d) of
this section'' for clarity and to correct an obsolete reference
in the law. In section 8G of the Inspector General Act of 1978,
subsection (d) was redesignated as subsection (d)(1) by section
431(c)(1) of the Intelligence Authorization Act for Fiscal Year
2010 (Public Law 111-259, 124 Stat. 2731).
In subsection (h)(1), the words ``Each year,'' are
substituted for ``No later than April 30, 1989, and annually
thereafter,'' to eliminate obsolete language.
In subsection (h)(2), the words ``On October 31 of each
year,'' are substituted for ``Beginning on October 31, 1989,
and on October 31 of each succeeding calendar year,'' to
eliminate obsolete language.
Section 416
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
416.................................. 5 U.S.C. App. (IGA Sec. 8H) Pub. L. 95-452, Sec. 8H, as added Pub.
L. 105-272, title VII, Sec.
702(b)(1), Oct. 20, 1998, 112 Stat.
2415; amended Pub. L. 107-108, title
III, Sec. 309(b), Dec. 28, 2001, 115
Stat. 1400; Pub. L. 107-306, title
VIII, Sec. 825, Nov. 27, 2002, 116
Stat. 2429; Pub. L. 110-417, [div.
A], title IX, Sec. 931(b)(2), Oct.
14, 2008, 122 Stat. 4575; Pub. L. 111-
259, title IV, Sec. 431(b), Oct. 7,
2010, 124 Stat. 2731; Pub. L. 113-
126, title III, Sec. 310, title VI,
Sec. 603(a), July 7, 2014, 128 Stat.
1398, 1420; Pub. L. 116 92, div. E,
title LXVII, Sec. 6726(c), Dec. 20,
2019, 133 Stat. 2236.
----------------------------------------------------------------------------------------------------------------
Section 417
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
417.................................. 5 U.S.C. App. (IGA Sec. 8I) Pub. L. 95-452, Sec. 8I, as added Pub.
L. 108-7, div. L, Sec. 104(b)(3),
Feb. 20, 2003, 117 Stat. 529; amended
Pub. L. 108-458, title VIII, Sec.
8304, Dec. 17, 2004, 118 Stat. 3868;
Pub. L. 109-177, title VI, Sec.
605(e)(4), Mar. 9, 2006, 120 Stat.
255; Pub. L. 114-317, Sec. 6(5), Dec.
16, 2016, 130 Stat. 1604.
----------------------------------------------------------------------------------------------------------------
In subsection (b), the reference to ``subsection (a)(2)''
is substituted for ``paragraph (2)'' for clarity and to correct
an error in the law.
Section 418
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
418.................................. 5 U.S.C. App. (IGA Sec. 8J) Pub. L. 95-452, Sec. 8J, formerly Sec.
8F, as added Pub. L. 100-504, title
I, Sec. 105, Oct. 18, 1988, 102 Stat.
2525; renumbered Sec. 8G and amended
Pub. L. 103-82, title II, Sec.
202(g)(1), (5)(B), Sept. 21, 1993,
107 Stat. 889, 890; renumbered Sec.
8H, Pub. L. 104-208, div. A, title I,
Sec. 101(f) [title VI, Sec.
662(b)(3)], Sept. 30, 1996, 110 Stat.
3009-314, 3009 380; Pub. L. 105-206,
title I, Sec. 1103(e)(3), July 22,
1998, 112 Stat. 709; renumbered Sec.
8I and amended Pub. L. 105-272, title
VII, Sec. 702(b), Oct. 20, 1998, 112
Stat. 2415; renumbered Sec. 8J, Pub.
L. 108-7, div. L, Sec. 104(b)(2),
Feb. 20, 2003, 117 Stat. 529; Pub. L.
114-317, Sec. 6(6), Dec. 16, 2016,
130 Stat. 1604.
----------------------------------------------------------------------------------------------------------------
Section 419
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
419.................................. 5 U.S.C. App. (IGA Sec. 8L) Pub. L. 95-452, Sec. 8L, as added Pub.
L. 112-239, div. A, title VIII, Sec.
848(2), Jan. 2, 2013, 126 Stat. 1851;
Pub. L. 116-92, div. A, title XVII,
Sec. Sec. 1732(b) through 1734, Dec.
20, 2019, 133 Stat. 1817, 1818.
----------------------------------------------------------------------------------------------------------------
In subsection (d)(5)(B), the date ``December 19, 2019'' is
substituted for ``the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2020'' for clarity.
Section 420
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
420.................................. 5 U.S.C. App. (IGA Sec. 8M) Pub. L. 95-452, Sec. 8M, formerly Sec.
8L, as added Pub. L. 110-409, Sec.
13(a), Oct. 14, 2008, 122 Stat. 4315;
renumbered Sec. 8M, Pub. L. 112-239,
div. A, title VIII, Sec. 848(1), Jan.
2, 2013, 126 Stat. 1851; amended Pub.
L. 114-317, Sec. Sec. 4(e),
7(b)(1)(A), (c), Dec. 16, 2016, 130
Stat. 1602, 1605, 1606.
----------------------------------------------------------------------------------------------------------------
Section 421
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
421.................................. 5 U.S.C. App. (IGA Sec. 8N) Pub. L. 95-452, Sec. 8N, as added Pub.
L. 114-317, Sec. 6(7), Dec. 16, 2016,
130 Stat. 1604.
----------------------------------------------------------------------------------------------------------------
Section 422
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
422.................................. 5 U.S.C. App. (IGA Sec. 9) Pub. L. 95-452, Sec. 9, Oct. 12, 1978,
92 Stat. 1107; Pub. L. 96-88, title
V, Sec. 508(n)(2), Oct. 17, 1979, 93
Stat. 694; Pub. L. 97-252, title XI,
Sec. 1117(a)(2), (3), Sept. 8, 1982,
96 Stat. 750; Pub. L. 100-504, title
I, Sec. 102(d), Oct. 18, 1988, 102
Stat. 2516; Pub. L. 103-82, title II,
Sec. 202(g)(3)(A), Sept. 21, 1993,
107 Stat. 890; Pub. L. 103-296, title
I, Sec. 108(l)(1), Aug. 15, 1994, 108
Stat. 1488; Pub. L. 105-206, title I,
Sec. 1103(c)(1), July 22, 1998, 112
Stat. 708; Pub. L. 107-189, Sec.
22(c), June 14, 2002, 116 Stat. 708;
Pub. L. 107-296, title XI, Sec.
1112(a)(2), Nov. 25, 2002, 116 Stat.
2276.
----------------------------------------------------------------------------------------------------------------
In subsection (a)(1)(K), the words ``Federal Transit
Administration'' are substituted for ``Urban Mass
Transportation Administration'' because of section 3004(b) of
the Federal Transit Act Amendments of 1991 (Public Law 102-240,
title III, 49 U.S.C. 107 note).
In subsection (a)(1)(L)(ii), the date ``July 22, 1998'' is
substituted for ``the date of the enactment of the Internal
Revenue Service Restructuring and Reform Act of 1998'' for
clarity.
In subsection (a)(1)(U), the words ``Department of Veterans
Affairs'' are substituted for ``Veterans'' Administration'',
and the words ``that department'' are substituted for ``that
agency'', to update obsolete references in the law.
In subsection (d), the date ``October 1, 1978'' is
substituted for ``the effective date of this Act'' for clarity
and to reflect the effective date of the Inspector General Act
of 1978.
Section 423
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
423(a)............................... 5 U.S.C. App. (IGA Sec. 3) note Pub. L. 110-409, Sec. 4(a)(3), Oct.
14, 2008, 122 Stat. 4303; Pub. L. 111-
259, title IV, Sec. 405(b), Oct. 7,
2010, 124 Stat. 2719.
423(b)............................... 5 U.S.C. App. (IGA Sec. 3) note Pub. L. 110-409, Sec. 4(b)(1), Oct.
14, 2008, 122 Stat. 4303.
423(c)............................... 5 U.S.C. App. (IGA Sec. 3) note Pub. L. 110-409, Sec. 4(c), Oct. 14,
2008, 122 Stat. 4303.
----------------------------------------------------------------------------------------------------------------
In subsection (a)(1), the words ``the Special Inspector
General for Iraq Reconstruction'' are omitted as obsolete. The
Special Inspector General for Iraq Reconstruction was
established as a temporary oversight entity and ceased
operations on September 30, 2013. In the document ``Final
Listing of Audit and Other Reports Issued by SIGIR on
Reconstruction Spending in Iraq'' (78 FR 58596), see the
statement by the Special Inspector General for Iraq
Reconstruction in the paragraph headed ``Location of SIGIR
Records After Closure''.
Section 424
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
424(a) through (e)(3)................ 5 U.S.C. App. (IGA Sec. 11) Pub. L. 95-452, Sec. 11, as added Pub.
L. 110-409, Sec. 7(a), Oct. 14, 2008,
122 Stat. 4305; amended Pub. L. 114-
113, div. M, title III, Sec. 304,
Dec. 18, 2015, 129 Stat. 2913; Pub.
L. 114-317, Sec. Sec. 3, 7(b)(1)(B),
(d)(2)(G), Dec. 16, 2016, 130 Stat.
1596, 1605, 1606; Pub. L. 115-192,
Sec. 2(b), June 25, 2018, 132 Stat.
1503; Public Law 116-260, div. U,
title V, Sec. 501(a), 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: ``Except as expressly provided otherwise, any reference
to `this Act' contained in any division of this Act shall be
treated as referring only to the provisions of that
division.''. At most, therefore, the references to this Act
refer only to the provisions of division U of the Act
(beginning at 134 Stat. 2286). However, it is questionable
whether Congress intends the effective date to apply to the
entirety of division U. The relevant portion of division U
appears to be limited to section 501 of the Consolidated
Appropriations Act, 2021. The effective date is clearly
intended to apply to section 501 of the Act, but it is unclear
whether it is intended to apply to other portions of division
U. In the restatement, paragraph (4) of subsection (e) carries
forward the effective date as a ``no-source'' provision,
explicitly making the effective date apply to the provisions
added by section 501 of the Consolidated Appropriations Act,
2021, while avoiding the repeal of section 501(c) of the
Consolidated Appropriations Act, 2021, which continues to apply
(or not) to other portions of division U to whatever extent
Congress originally intended.
Section 13101
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
13101............................... 5 U.S.C. App. (EGA Sec. 109) Pub. L. 95-521, title I, Sec. 109,
Oct. 26, 1978, 92 Stat. 1836; Pub. L.
101-194, title II, Sec. 202, Nov. 30,
1989, 103 Stat. 1741; Pub. L. 101-
280, Sec. 3(1), (8), May 4, 1990, 104
Stat. 152, 155; Pub. L. 102-378, Sec.
4(a)(2), Oct. 2, 1992, 106 Stat.
1357; Pub. L. 102-572, title IX, Sec.
902(b)(2), Oct. 29, 1992, 106 Stat.
4516; Pub. L. 103-160, div. A, title
XI, Sec. 1182(d)(3), Nov. 30, 1993,
107 Stat. 1773; Pub. L. 103-337, div.
A, title IX, Sec. 924(d)(3), Oct. 5,
1994, 108 Stat. 2832; Pub. L. 104-
186, title II, Sec. 216(2), Aug. 20,
1996, 110 Stat. 1747; Pub. L. 105-
368, title V, Sec. 512(b)(1)(D), Nov.
11, 1998, 112 Stat. 3342; Pub. L. 108-
271, Sec. 8(b), July 7, 2004, 118
Stat. 814; Pub. L. 110-323, Sec. 7,
Sept. 22, 2008, 122 Stat. 3547; Pub.
L. 113-235, div. H, title I, Sec.
1301(b), Dec. 16, 2014, 128 Stat.
2537.
----------------------------------------------------------------------------------------------------------------
In paragraphs (1) and (18)(B), the words ``Committee on
Ethics of the House of Representatives'' are substituted for
``Committee on Standards of Official Conduct of the House of
Representatives'' because of House Resolution No. 5, 112th
Congress, Jan. 5, 2011.
In paragraph (6), the words ``The term `honoraria' means
the plural of `honorarium' as defined in section 13141 of this
title'' are substituted for ``the term `honoraria' has the
meaning given such term in section 505 of this Act'' for
clarity. In the source law, the plural form ``honoraria'' is
defined in section 109 of the Ethics in Government Act of 1978,
but the singular form ``honorarium'' is defined in section 505
of the Act.
Section 13102
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
13102............................... 5 U.S.C. App. (EGA Sec. 111) Pub. L. 95-521, title I, Sec. 111, as
added Pub. L. 101-194, title II, Sec.
202, Nov. 30, 1989, 103 Stat. 1744;
amended Pub. L. 101-280, Sec. 3(1),
(9), May 4, 1990, 104 Stat. 152, 157.
----------------------------------------------------------------------------------------------------------------
In subsection (a)(2), the words ``Committee on Ethics of
the House of Representatives'' are substituted for ``Committee
on Standards of Official Conduct of the House of
Representatives'' because of House Resolution No. 5, 112th
Congress, January 5, 2011.
Section 13103
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
13103............................... 5 U.S.C. App. (EGA Sec. 101) Pub. L. 95-521, title I, Sec. 101,
Oct. 26, 1978, 92 Stat. 1824; Pub. L.
96-19, Sec. Sec. 2(a)(1), (b),
(c)(1), 4(b)(1), (d)-(f), 5, June 13,
1979, 93 Stat. 37, 38, 40; Pub. L.
101-194, title II, Sec. 202, Nov. 30,
1989, 103 Stat. 1725; Pub. L. 101-
280, Sec. 3(1), (2), May 4, 1990, 104
Stat. 152; Pub. L. 102-25, title VI,
Sec. 605(a), Apr. 6, 1991, 105 Stat.
110; Pub. L. 102-378, Sec. 4(a)(1),
Oct. 2, 1992, 106 Stat. 1356; Pub. L.
109-435, title VI, Sec. 604(c), Dec.
20, 2006, 120 Stat. 3241.
----------------------------------------------------------------------------------------------------------------
In subsection (c), the words ``section 301 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101)'' are
substituted for ``section 301 of the Federal Campaign Act of
1971'' for clarity and to correct an error in the law.
In subsection (f)(8), the words ``special Government
employee'' are substituted for ``special government employee''
to correct an error in the law.
Section 13104
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
13104............................... 5 U.S.C. App. (EGA Sec. 102) Pub. L. 95-521, title I, Sec. 102,
Oct. 26, 1978, 92 Stat. 1825; Pub. L.
96-19, Sec. Sec. 3(a)(1), (b), 6(a),
7(a)-(d)(1), (f), 9(b), (c)(1), (j),
June 13, 1979, 93 Stat. 39-43; Pub.
L. 97-51, Sec. 130(b), Oct. 1, 1981,
95 Stat. 966; Pub. L. 98-150, Sec.
10, Nov. 11, 1983, 97 Stat. 962; Pub.
L. 101-194, title II, Sec. 202, Nov.
30, 1989, 103 Stat. 1727; Pub. L. 101-
280, Sec. 3(3), May 4, 1990, 104
Stat. 152; Pub. L. 102-90, title III,
Sec. 314(a), Aug. 14, 1991, 105 Stat.
469; Pub. L. 104-65, Sec. Sec. 20,
22(a), (b), Dec. 19, 1995, 109 Stat.
704, 705; Pub. L. 112-105, Sec.
13(a), Apr. 4, 2012, 126 Stat. 300.
----------------------------------------------------------------------------------------------------------------
In subsection (a)(4)(A), in clause (ii)(II) and clause
(iii)(II), the words ``special Government employee'' are
substituted for ``special government employee'' to correct
errors in the law.
In subsection (f)(2)(B)(ii), at the end of the clause,
after the word ``knowledge'', the word ``of'' is omitted to
correct an error in the law. The preceding phrase ``of which''
eliminates the need for ``of'' after ``knowledge''.
In subsection (f)(3)(E), the words ``Securities Exchange
Act of 1934'' are substituted for ``Securities and Exchange Act
of 1934'' to correct an error in the law. See the short title
enacted by section 1 of the Act (15 U.S.C. 78a).
In subsection (f)(3)(F), the reference to ``the effective
date of title II of the Ethics Reform Act of 1989'' is not
translated to a date certain because the date varies. For most
provisions, the effective date is January 1, 1991. For section
102(f)(4)(B) of the Ethics in Government Act of 1978, which is
restated as section 13104(f)(4)(B) of title 5, United States
Code, the effective date is January 1, 1990. See section 204 of
the Ethics Reform Act of 1989, as added by section 3(10)(B) of
Public Law 101-280 (104 Stat. 157).
In subsection (f)(4)(B)(i)(V), the reference to ``the
effective date of this Act'' is not translated to a date
certain because the date is ambiguous. The words ``the
effective date of this Act'' probably mean the effective date
of title II of the Ethics Reform Act of 1989 (rather than the
effective date of the Ethics in Government Act of 1978). Title
II of the Ethics Reform Act of 1989 enacted a general amendment
of title I of the Ethics in Government Act of 1978 (see section
202 at 103 Stat. 1724). For title II of the Ethics Reform Act
of 1989, the effective date varies. For most provisions, the
effective date is January 1, 1991. For section 102(f)(4)(B) of
the Ethics in Government Act of 1978, which is restated as
section 13104(f)(4)(B) of title 5, United States Code, the
effective date is January 1, 1990. See section 204 of the
Ethics Reform Act of 1989, as added by section 3(10)(B) of
Public Law 101-280 (104 Stat. 157).
Section 13105
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
13105............................... 5 U.S.C. App. (EGA Sec. 103) Pub. L. 95-521, title I, Sec. 103,
Oct. 26, 1978, 92 Stat. 1831; Pub. L.
96-19, Sec. Sec. 4(b)(2), 9(a), June
13, 1979, 93 Stat. 40, 42; Pub. L.
101-194, title II, Sec. 202, Nov. 30,
1989, 103 Stat. 1736; Pub. L. 101-
280, Sec. 3(1), (4), May 4, 1990, 104
Stat. 152, 153; Pub. L. 102-90, title
III, Sec. 313(1), Aug. 14, 1991, 105
Stat. 469; Pub. L. 104-186, title II,
Sec. 216(1), Aug. 20, 1996, 110 Stat.
1747; Pub. L. 108-271, Sec. 8(b),
July 7, 2004, 118 Stat. 814; Pub. L.
109-55, title I, Sec. 1003(a), Aug.
2, 2005, 119 Stat. 572; Pub. L. 112-
105, Sec. Sec. 6(a), 19(a), Apr. 4,
2012, 126 Stat. 293, 304; Pub. L. 113-
235, div. H, title I, Sec. 1301(b),
Dec. 16, 2014, 128 Stat. 2537; Pub.
L. 115-277, Sec. 1(b), Nov. 3, 2018,
132 Stat. 4167.
----------------------------------------------------------------------------------------------------------------
In subsection (h)(1)(A)(ii), the date ``November 30, 1989''
is substituted for ``the date of the enactment of the Ethics
Reform Act of 1989'' to reflect the date of enactment of the
Ethics Reform Act of 1989 (Public Law 101-194, 103 Stat. 1716).
In subsection (i)(1), the reference to ``section 312(a) of
the Federal Election Campaign Act of 1971 (52 U.S.C.
30113(a))'' is substituted for ``section 316(a) of the Federal
Election Campaign Act of 1971'' to correct an error in the law.
Section 312(a), not section 316(a), of the Federal Election
Campaign Act of 1971 contains provisions relating to the filing
of copies of reports with the appropriate State officer.
Section 312 of the Federal Election Campaign Act of 1971 was
originally enacted as section 309, but was redesignated several
times. The provision was redesignated as section 317 by section
208(a) of Public Law 93-443 (88 Stat. 1279), as section 316 by
section 105 of Public Law 94-283 (90 Stat. 481), and as section
312 by section 105(4) of Public Law 96-187 (93 Stat. 1354).
In subsection (j)(1), the words ``Committee on Ethics of
the House of Representatives'' are substituted for ``Committee
on Standards of Official Conduct of the House of
Representatives'' because of House Resolution No. 5, 112th
Congress, January 5, 2011.
In subsection (l)(8), the words ``special Government
employee as defined in section 202 of title 18'' are
substituted for ``special government employee'' for clarity and
consistency with other provisions of the chapter.
Section 13106
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
13106............................... 5 U.S.C. App. (EGA Sec. 104) Pub. L. 95-521, title I, Sec. 104,
Oct. 26, 1978, 92 Stat. 1832; Pub. L.
96-19, Sec. 8(a), June 13, 1979, 93
Stat. 41; Pub. L. 101-194, title II,
Sec. 202, Nov. 30, 1989, 103 Stat.
1737; Pub. L. 101-280, Sec. 3(1),
(5), May 4, 1990, 104 Stat. 152, 154;
Pub. L. 101-650, title IV, Sec. 405,
Dec. 1, 1990, 104 Stat. 5124; Pub. L.
110-81, title VII, Sec. 702, Sept.
14, 2007, 121 Stat. 775.
----------------------------------------------------------------------------------------------------------------
In subsection (d)(1) (matter after subparagraph (B)), the
extra period at the end is removed to correct an error in the
law. The extra period resulted from an amendment to the source
law made by section 3(5)(B) of Public Law 101-280 (104 Stat.
154).
Section 13107
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
13107............................... 5 U.S.C. App. (EGA Sec. 105) Pub. L. 95-521, title I, Sec. 105,
Oct. 26, 1978, 92 Stat. 1833; Pub. L.
101-194, title II, Sec. 202, Nov. 30,
1989, 103 Stat. 1737; Pub. L. 101-
280, Sec. 3(6), May 4, 1990, 104
Stat. 154; Pub. L. 102-90, title III,
Sec. 313(2), Aug. 14, 1991, 105 Stat.
469; Pub. L. 103-359, title V, Sec.
501(m), Oct. 14, 1994, 108 Stat.
3430; Pub. L. 104-201, div. A, title
XI, Sec. 1122(b)(2), Sept. 23, 1996,
110 Stat. 2687; Pub. L. 105-318, Sec.
7, Oct. 30, 1998, 112 Stat. 3011;
Pub. L. 107-126, Jan. 16, 2002, 115
Stat. 2404; Pub. L. 108-458, title I,
Sec. 1079(c), Dec. 17, 2004, 118
Stat. 3696; Pub. L. 110-24, Sec. Sec.
2, 3, May 3, 2007, 121 Stat. 100;
Pub. L. 110-177, title I, Sec. 104,
Jan. 7, 2008, 121 Stat. 2535; Pub. L.
110-417, [div. A], title IX, Sec.
931(b)(1), Oct. 14, 2008, 122 Stat.
4575; Pub. L. 112-84, Sec. 1, Jan. 3,
2012, 125 Stat. 1870; Pub. L. 112-
105, Sec. 8(c), Apr. 4, 2012, 126
Stat. 296; Pub. L. 115-141, div. M,
title VI, Sec. 601, Mar. 23, 2018,
132 Stat. 1051.
----------------------------------------------------------------------------------------------------------------
In subsection (a)(1), the word ``by'' is substituted for
``be'' to correct an error in the law. The change appears in
the phrase ``public disclosure of such report would, by [be]
revealing the identity of the individual or other sensitive
information, compromise the national interest of the United
States''.
In subsection (b)(3)(C) (matter before clause (i)), 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).
Section 13108
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
13108............................... 5 U.S.C. App. (EGA Sec. 106) Pub. L. 95-521, title I, Sec. 106,
Oct. 26, 1978, 92 Stat. 1833; Pub. L.
101-194, title II, Sec. 202, Nov. 30,
1989, 103 Stat. 1739; Pub. L. 101-
280, Sec. 3(1), (7), May 4, 1990, 104
Stat. 152, 155.
----------------------------------------------------------------------------------------------------------------
Section 13109
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
13109............................... 5 U.S.C. App. (EGA Sec. 107) Pub. L. 95-521, title I, Sec. 107,
Oct. 26, 1978, 92 Stat. 1834; Pub. L.
96-19, Sec. 9(d), (g), June 13, 1979,
93 Stat. 42, 43; Pub. L. 101-194,
title II, Sec. 202, Nov. 30, 1989,
103 Stat. 1740.
----------------------------------------------------------------------------------------------------------------
Section 13110
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
13110............................... 5 U.S.C. App. (EGA Sec. 108) Pub. L. 95-521, title I, Sec. 108,
Oct. 26, 1978, 92 Stat. 1835; Pub. L.
96-19, Sec. 9(t), June 13, 1979, 93
Stat. 44; Pub. L. 101-194, title II,
Sec. 202, Nov. 30, 1989, 103 Stat.
1741.
----------------------------------------------------------------------------------------------------------------
Section 13111
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
13111............................... 5 U.S.C. App. (EGA Sec. 110) Pub. L. 95-521, title I, Sec. 110, as
added Pub. L. 101-194, title II, Sec.
202, Nov. 30, 1989, 103 Stat. 1744;
amended Pub. L. 101-280, Sec. 3(1),
May 4, 1990, 104 Stat. 152.
----------------------------------------------------------------------------------------------------------------
Section 13121
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
13121............................... 5 U.S.C. App. (EGA Sec. 401) Pub. L. 95-521, title IV, Sec. 401,
Oct. 26, 1978, 92 Stat. 1862; Pub. L.
98-150, Sec. 2, Nov. 11, 1983, 97
Stat. 959; Pub. L. 100-598, Sec. 3,
Nov. 3, 1988, 102 Stat. 3031; Pub. L.
104-179, Sec. 4(b)(2)(A), Aug. 6,
1996, 110 Stat. 1567.
----------------------------------------------------------------------------------------------------------------
Section 13122
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
13122............................... 5 U.S.C. App. (EGA Sec. 402) Pub. L. 95-521, title IV, Sec. 402,
Oct. 26, 1978, 92 Stat. 1862; Pub. L.
96-19, Sec. 9(e), (s), June 13, 1979,
93 Stat. 43, 44; Pub. L. 98-150, Sec.
3(a), (b), Nov. 11, 1983, 97 Stat.
959; Pub. L. 100-598, Sec. Sec. 5-7,
Nov. 3, 1988, 102 Stat. 3032, 3033.
----------------------------------------------------------------------------------------------------------------
In subsection (b)(1), the reference to ``subchapter I'' is
substituted for ``title II of this Act'' for clarity and to
update an obsolete reference in the law. The reference to
``title II of this Act'' means title II of the Ethics in
Government Act of 1978, which was previously repealed. Section
201 of the Ethics Reform Act of 1989 (Public Law 101-194, 103
Stat. 1724) repealed title II of the Ethics in Government Act
of 1978. Section 202 of the Ethics Reform Act of 1989 (Public
Law 101-194, 103 Stat. 1724) enacted a general amendment of
title I of the Ethics in Government Act of 1978, and, as
amended, title I of the Ethics in Government Act of 1978
included provisions relating to the filing, review, and public
availability of financial statements filed by officers and
employees in the executive, legislative, and judicial branches
of the Federal Government. Title I of the Ethics in Government
Act of 1978 is restated as ``subchapter I'' (i.e., subchapter I
of chapter 131 of title 5, United States Code).
In subsection (b)(3), the reference to ``subchapter I'' is
substituted for ``title II of this Act'' and for ``such title''
for clarity and to update obsolete references in the law. See
the explanation in the revision note pertaining to subsection
(b)(1) of this section.
In subsection (b)(15), the reference to ``subchapter I'' is
substituted for ``title II of this Act'' for clarity and to
update an obsolete reference in the law. See the explanation in
the revision note pertaining to subsection (b)(1) of this
section.
In subsection (f)(2)(B)(iv), the reference to ``subchapter
I'' is substituted for ``title 2 of this Act'' for clarity and
to update an erroneous and obsolete reference in the law. The
reference to ``title 2 of this Act'' should be ``title II of
this Act'', meaning title II of the Ethics in Government Act of
1978, which was previously repealed. See the explanation in the
revision note pertaining to subsection (b)(1) of this section.
In subsection (f)(2)(B)(iv), the reference to ``section
13108 of this title'' is substituted for ``section 206 of this
Act'' for clarity and to update an obsolete reference in the
law. The reference to ``section 206 of this Act'' means section
206 of the Ethics in Government Act of 1978, which was
previously repealed. The Act language for the now repealed
section 206 of the Ethics in Government Act of 1978 appears at
92 Stat. 1847 (except that section 9(m) of Public Law 96-19 (93
Stat. 43) amended the text of section 206(a) of the Ethics in
Government Act of 1978 by striking ``shall be'' and inserting
``is''). Section 206 of the Ethics in Government Act of 1978
was repealed by section 201 of the Ethics Reform Act of 1989
(Public Law 101-194, 103 Stat. 1724), and equivalent language
was enacted as section 106 of the Ethics in Government Act of
1978 by section 202 of the Ethics Reform Act of 1989 (Public
Law 101-194, 103 Stat. 1724, 1739). Section 106 of the Ethics
in Government Act of 1978 is restated as ``section 13108 of
this title'' (i.e., section 13108 of title 5, United States
Code).
In subsection (f)(3)(B), the words ``the head of the
officer's'' are substituted for ``the head of officer's'' to
correct an error in the law.
Section 13123
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
13123............................... 5 U.S.C. App. (EGA Sec. 403) Pub. L. 95-521, title IV, Sec. 403,
Oct. 26, 1978, 92 Stat. 1863; Pub. L.
98-150, Sec. 5, Nov. 11, 1983, 97
Stat. 960; Pub. L. 100-598, Sec. 9,
Nov. 3, 1988, 102 Stat. 3035; Pub. L.
104-179, Sec. 2, Aug. 6, 1996, 110
Stat. 1566.
----------------------------------------------------------------------------------------------------------------
Section 13124
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
13124............................... 5 U.S.C. App. (EGA Sec. 404) Pub. L. 95-521, title IV, Sec. 404,
Oct. 26, 1978, 92 Stat. 1863; Pub. L.
98-150, Sec. 3(c), Nov. 11, 1983, 97
Stat. 960.
----------------------------------------------------------------------------------------------------------------
Section 13125
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
13125............................... 5 U.S.C. App. (EGA Sec. 405) Pub. L. 95-521, title IV, Sec. 405,
Oct. 26, 1978, 92 Stat. 1863; Pub. L.
98-150, Sec. 12, Nov. 11, 1983, 97
Stat. 963; Pub. L. 100-598, Sec. 2,
Nov. 3, 1988, 102 Stat. 3031; Pub. L.
101-334, Sec. 2, July 16, 1990, 104
Stat. 318; Pub. L. 102-506, Sec. 2,
Oct. 24, 1992, 106 Stat. 3280; Pub.
L. 104-179, Sec. 3, Aug. 6, 1996, 110
Stat. 1566; Pub. L. 107-119, Sec. 2,
Jan. 15, 2002, 115 Stat. 2382; Pub.
L. 109-289, div. B, title II, Sec.
21069, as added Pub. L. 110-5, Sec.
2, Feb. 15, 2007, 121 Stat. 57.
----------------------------------------------------------------------------------------------------------------
Although provisions authorizing the appropriation of ``such
sums as may be necessary'' are generally considered
unnecessary, and although this provision is obsolete because it
explicitly applies only to fiscal year 2007, the provision is
nevertheless intentionally restated in chapter 131 of title 5,
United States Code.
Section 13126
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
13126............................... 5 U.S.C. App. (EGA Sec. 408) Pub. L. 95-521, title IV, Sec. 408,
as added Pub. L. 100-598, Sec. 4,
Nov. 3, 1988, 102 Stat. 3031; amended
Pub. L. 104-179, Sec. 4(b)(2)(B),
Aug. 6, 1996, 110 Stat. 1567.
----------------------------------------------------------------------------------------------------------------
Section 13141
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
13141............................... 5 U.S.C. App. (EGA Sec. 505) Pub. L. 95-521, title V, Sec. 505, as
added Pub. L. 101-194, title VI, Sec.
601(a), Nov. 30, 1989, 103 Stat.
1761; amended Pub. L. 102-90, title
I, Sec. 6(b)(2), (3), title III, Sec.
314(b), Aug. 14, 1991, 105 Stat. 450,
469.
----------------------------------------------------------------------------------------------------------------
Section 13142
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
13142............................... 5 U.S.C. App. (EGA Sec. 503) Pub. L. 95-521, title V, Sec. 503, as
added Pub. L. 101-194, title VI, Sec.
601(a), Nov. 30, 1989, 103 Stat.
1761; amended Pub. L. 101-280, Sec.
7(c), May 4, 1990, 104 Stat. 161;
Pub. L. 102-90, title I, Sec.
6(b)(1), Aug. 14, 1991, 105 Stat.
450.
----------------------------------------------------------------------------------------------------------------
In paragraph (1)(A), the words ``Committee on Ethics of the
House of Representatives'' are substituted for ``Committee on
Standards of Official Conduct of the House of Representatives''
because of House Resolution No. 5, 112th Congress, January 5,
2011.
Section 13143
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
13143............................... 5 U.S.C. App. (EGA Sec. 501) Pub. L. 95-521, title V, Sec. 501, as
added Pub. L. 101-194, title VI, Sec.
601(a), Nov. 30, 1989, 103 Stat.
1760; amended Pub. L. 101-280, Sec.
7(a), May 4, 1990, 104 Stat. 161;
Pub. L. 102-378, Sec. 4(b)(1), (2),
Oct. 2, 1992, 106 Stat. 1357.
----------------------------------------------------------------------------------------------------------------
Section 13144
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
13144............................... 5 U.S.C. App. (EGA Sec. 502) Pub. L. 95-521, title V, Sec. 502, as
added Pub. L. 101-194, title VI, Sec.
601(a), Nov. 30, 1989, 103 Stat.
1761; amended Pub. L. 101-280, Sec.
7(a)(1), (b), May 4, 1990, 104 Stat.
161; Pub. L. 101-650, title III, Sec.
319, Dec. 1, 1990, 104 Stat. 5117;
Pub. L. 102-198, Sec. 6, Dec. 9,
1991, 105 Stat. 1624; Pub. L. 102-
378, Sec. 4(b)(3), Oct. 2, 1992, 106
Stat. 1357.
----------------------------------------------------------------------------------------------------------------
In subsection (b)(2), the words ``subsection (e) of section
371 of title 28'' are substituted for ``subsection (f) of
section 371 of title 28'' for clarity and to update an obsolete
reference in the law. Subsection (f) of section 371 of title
28, United States Code, was redesignated as subsection (e) by
section 654(a)(1)(B) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (Public Law 106-398,
Sec. 1 [div. A, title VI, Sec. 654(a)(1)(B)], 114 Stat. 1654,
1654A-165).
Section 13145
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
13145............................... 5 U.S.C. App. (EGA Sec. 504) Pub. L. 95-521, title V, Sec. 504, as
added Pub. L. 101-194, title VI, Sec.
601(a), Nov. 30, 1989, 103 Stat.
1761.
----------------------------------------------------------------------------------------------------------------
Section 13146
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
13146............................... (no source)
----------------------------------------------------------------------------------------------------------------
This section is added in accordance with section 603 of the
Ethics Reform Act of 1989 (Public Law 101-194, 26 U.S.C. 7701
note). Section 603 of the Ethics Reform Act of 1989 provides
that amendments made by title VI of the Act (103 Stat. 1760)
shall cease to be effective if the provisions of section 703 of
the Act (5 U.S.C. 5318 note) are repealed, in which case the
laws in effect before the amendments made by title VI of the
Act shall be deemed to be reenacted. Among other things, the
amendments made by title VI of the Ethics Reform Act of 1989
enacted a general rewrite of title V of the Ethics in
Government Act of 1978, which is restated as this subchapter.
If the provisions of section 703 of the Ethics Reform Act of
1989 (Public Law 101-194, 5 U.S.C. 5318 note) are repealed,
then this subchapter shall cease to be effective, and the prior
provisions of title V of the Ethics in Government Act of 1978
shall be deemed to be reenacted. The prior provisions of title
V of the Ethics in Government Act of 1978 (Public Law 95-521,
92 Stat. 1864) relate to an amendment to section 207 of title
18, United States Code, which has previously been executed to
text.
Section 4--Technical Amendments
Section 4(a) of the bill makes technical amendments to
update references to the Federal Advisory Committee Act (Public
Law 92-463), which is restated by section 3(a) of the bill as
chapter 10 of title 5, United States Code.
Section 4(b) of the bill makes technical amendments to
update references to the Inspector General Act of 1978 (Public
Law 95-452), which is restated by section 3(b) of the bill as
chapter 4 of title 5, United States Code.
Section 4(c) of the bill makes technical amendments to
update references to the Ethics in Government Act of 1978
(Public Law 95-521), which is restated by section 3(c) of the
bill as chapter 131 of title 5, United States Code.
Section 4(d) of the bill makes technical amendments to
update tables of contents in title 5, United States Code.
In the course of preparing the amendments to update
references in section 4 of the bill, several errors in the
existing law were identified and corrected. The corrections are
explained in detail in the paragraphs below.
Section 4(b)(82)(A)(i) of the bill amends section 160(a)
(matter before paragraph (1)) of the Energy Policy Act of 1992
(42 U.S.C. 8262f(a) (matter before paragraph (1))) by striking
``section 11(2) of the Inspector General Act of 1978 (5 U.S.C.
App.),'' and inserting ``section 401(1) of title 5, United
States Code,''. The existing reference to ``section 11(2) of
the Inspector General Act of 1978 (5 U.S.C. App.)'' is
erroneous because section 11 of the Inspector General Act of
1978 was renumbered as section 12 by section 7(a) of Public Law
110-409 (122 Stat. 4305). Section 12(2) of the Inspector
General Act of 1978 is restated as section 401(1) of title 5,
United States Code.
Section 4(b)(82)(A)(ii) of the bill amends section 160(a)
(matter before paragraph (1)) of the Energy Policy Act of 1992
(42 U.S.C. 8262f(a) (matter before paragraph (1))) by striking
``section 8E(f)(1) as established by section 8E(a)(2) of the
Inspector General Act Amendments of 1988 (Public Law 100-504)''
and inserting ``section 415(f) of title 5, United States
Code,''. The existing reference to ``section 8E(f)(1) as
established by section 8E(a)(2) of the Inspector General Act
Amendments of 1988 (Public Law 100-504)'' is erroneous because
section 8E of the Inspector General Act of 1978 was added by
section 104(a)--not ``section 8E(a)(2)''--of the Inspector
General Act Amendments of 1988 (Public Law 100-504, 102 Stat.
2522, 2524). In addition, the existing reference is erroneous
because section 8E of the Inspector General Act of 1978 was
successively redesignated as section 8F (by Public Law 103-82,
Sec. 202(g)(1), 107 Stat. 889) and as section 8G (by Public Law
103-204, Sec. 23(a)(3), 107 Stat. 2408). The provision was also
amended several times. The existing reference to ``section
8E(f)(1)'' means the language that originally constituted
section 8E(f)(1) (see 102 Stat. 2524). That language no longer
appears in the Act as amended. The closest analog is the
language in section 8G(f) of the Inspector General Act of 1978,
which is restated as section 415(f) of title 5, United States
Code.
Section 4(b)(85) of the bill amends section 192A(g)(6) of
the National and Community Service Act of 1990 (42 U.S.C.
12651b(g)(6)) by striking ``section 8E of the Inspector General
Act of 1978;'' and inserting ``section 414 of title 5, United
States Code;''. The existing reference to ``section 8E of the
Inspector General Act of 1978;'' is erroneous because section
8E of the Inspector General Act of 1978, as added by section
202(g)(1) of Public Law 103-82 (107 Stat. 889), was
redesignated as section 8F by section 23(a)(3) of Public Law
103-204 (107 Stat. 2408). Section 8F of the Inspector General
Act of 1978 is restated as section 414 of title 5, United
States Code.
Section 4(b)(86) of the bill amends section 193A(a) of the
National and Community Service Act of 1990 (42 U.S.C.
12651d(a)) by striking ``section 8E of the Inspector General
Act of 1978.'' and inserting ``section 414 of title 5, United
States Code.''. The existing reference to ``section 8E of the
Inspector General Act of 1978.'' is erroneous because section
8E of the Inspector General Act of 1978, as added by section
202(g)(1) of Public Law 103-82 (107 Stat. 889), was
redesignated as section 8F by section 23(a)(3) of Public Law
103-204 (107 Stat. 2408). Section 8F of the Inspector General
Act of 1978 is restated as section 414 of title 5, United
States Code.
Section 4(b)(88) of the bill amends section 195(a) of the
National and Community Service Act of 1990 (42 U.S.C.
12651f(a)) by striking ``section 8E of the Inspector General
Act of 1978,'' and inserting ``section 414 of title 5, United
States Code,''. The existing reference to ``section 8E of the
Inspector General Act of 1978,'' is erroneous because section
8E of the Inspector General Act of 1978, as added by section
202(g)(1) of Public Law 103-82 (107 Stat. 889), was
redesignated as section 8F by section 23(a)(3) of Public Law
103-204 (107 Stat. 2408). Section 8F of the Inspector General
Act of 1978 is restated as section 414 of title 5, United
States Code.
Section 5--Transitional and Savings Provisions
Section 5 of the bill contains transitional and savings
provisions.
Section 6--Effect of References to Title 5 on Application of Ethics
Provisions
Section 6 of the bill provides that a Federal statute
providing that title 5 of the United States Code as a whole is
inapplicable, or providing that an appointment may be made
without regard to the provisions of title 5 governing
appointment in the competitive service, shall not affect the
application of any provision of chapter 131 of title 5, United
States Code. Provisions of the Ethics in Government Act of
1978, which were previously set out in an appendix to title 5,
United States Code, are restated as chapter 131 of title 5,
United States Code, by section 3(c) of the bill. Section 6 of
the bill is added to clarify that the application of the ethics
provisions is not affected by the transfer of those provisions
from the appendix to the body of title 5, United States Code.
Section 7--Repeals
Section 7 of the bill repeals provisions replaced by the
bill (see ``Disposition Table'' above).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of House Rule XIII, changes
in existing law made by the bill, H.R. 5961, as reported, are
shown as follows:
Changes in Existing Law Made by the Bill
Set out below is a comparative print showing changes in
existing law made by the bill. Insertions are shown in italic
and omissions are surrounded by brackets.
Changes in Existing Law Made by Section 3(a) of the Bill (Amending Part
I of Title 5, United States Code)
CHAPTER 10--FEDERAL ADVISORY COMMITTEES
Sec.
1001. Definitions.
1002. Findings and declarations.
1003. Applicability.
1004. Responsibilities of congressional committees.
1005. Responsibilities of the President.
1006. Responsibilities of the Administrator.
1007. Responsibilities of agency heads.
1008. Establishment and purpose of advisory committees.
1009. Advisory committee procedures.
1010. Availability of transcripts.
1011. Fiscal and administrative provisions.
1012. Responsibilities of Library of Congress.
1013. Termination of advisory committees.
1014. Requirements relating to National Academy of Sciences and National
Academy of Public Administration.
Sec. 1001. Definitions
In this chapter:
(1) Administrator.--The term ``Administrator'' means
the Administrator of General Services.
(2) Advisory committee.--
(A) In general.--The term ``advisory
committee'' means a committee, board,
commission, council, conference, panel, task
force, or other similar group, or any
subcommittee or other subgroup thereof
(hereafter in this paragraph referred to as
``committee'') that is established or utilized
to obtain advice or recommendations for the
President or one or more agencies or officers
of the Federal Government and that is--
(i) established by statute or
reorganization plan;
(ii) established or utilized by the
President; or
(iii) established or utilized by one
or more agencies.
(B) Exclusions.--The term ``advisory
committee'' excludes--
(i) a committee that is composed
wholly of full-time, or permanent part-
time, officers or employees of the
Federal Government; and
(ii) a committee that is created by
the National Academy of Sciences or the
National Academy of Public
Administration.
(3) Agency.--The term ``agency'' has the meaning
given the term in section 551 of this title.
(4) Presidential advisory committee.--The term
``Presidential advisory committee'' means an advisory
committee that advises the President.
Sec. 1002. Findings and Declarations
(a) Findings.--Congress finds that there are numerous
committees, boards, commissions, councils, and similar groups
which have been established to advise officers and agencies in
the executive branch of the Federal Government and that they
are frequently a useful and beneficial means of furnishing
expert advice, ideas, and diverse opinions to the Federal
Government.
(b) Findings and Declarations.--Congress further finds and
declares that--
(1) the need for many existing advisory committees
has not been adequately reviewed;
(2) new advisory committees should be established
only when they are determined to be essential and their
number should be kept to the minimum necessary;
(3) advisory committees should be terminated when
they are no longer carrying out the purposes for which
they were established;
(4) standards and uniform procedures should govern
the establishment, operation, administration, and
duration of advisory committees;
(5) Congress and the public should be kept informed
with respect to the number, purpose, membership,
activities, and cost of advisory committees; and
(6) the function of advisory committees should be
advisory only, and all matters under their
consideration should be determined, in accordance with
law, by the official, agency, or officer involved.
Sec. 1003. Applicability
(a) In General.--This chapter, and any rule, order, or
regulation promulgated under this chapter, shall apply to each
advisory committee except to the extent that the Act
establishing the advisory committee specifically provides
otherwise.
(b) Exemptions Relating to Certain Federal Entities.--
Nothing in this chapter shall be construed to apply to an
advisory committee established or utilized by--
(1) the Central Intelligence Agency;
(2) the Federal Reserve System; or
(3) the Office of the Director of National
Intelligence, if the Director of National Intelligence
determines that for reasons of national security the
advisory committee cannot comply with the requirements
of this chapter.
(c) Exemptions Relating to Certain Local and State
Entities.--Nothing in this chapter shall be construed to apply
to any local civic group whose primary function is that of
rendering a public service with respect to a Federal program,
or any State or local committee, council, board, commission, or
similar group established to advise or make recommendations to
State or local officials or agencies.
Sec. 1004. Responsibilities of Congressional Committees
(a) Review of Activities.--In the exercise of its
legislative review function, each standing committee of the
Senate and the House of Representatives shall make a continuing
review of the activities of each advisory committee under its
jurisdiction to determine whether such advisory committee
should be abolished or merged with any other advisory
committee, whether the responsibilities of such advisory
committee should be revised, and whether such advisory
committee performs a necessary function not already being
performed. Each such standing committee shall take appropriate
action to obtain the enactment of legislation necessary to
carry out the purpose of this subsection.
(b) Consideration of Legislation.--In considering
legislation establishing, or authorizing the establishment of
any advisory committee, each standing committee of the Senate
and of the House of Representatives shall determine, and report
such determination to the Senate or to the House of
Representatives, as the case may be, whether the functions of
the proposed advisory committee are being or could be performed
by one or more agencies or by an advisory committee already in
existence, or by enlarging the mandate of an existing advisory
committee. Any such legislation shall--
(1) contain a clearly defined purpose for the
advisory committee;
(2) require the membership of the advisory committee
to be fairly balanced in terms of the points of view
represented and the functions to be performed by the
advisory committee;
(3) contain appropriate provisions to assure that the
advice and recommendations of the advisory committee
will not be inappropriately influenced by the
appointing authority or by any special interest, but
will instead be the result of the advisory committee's
independent judgment;
(4) contain provisions dealing with authorization of
appropriations, the date for submission of reports (if
any), the duration of the advisory committee, and the
publication of reports and other materials, to the
extent that the standing committee determines the
provisions of section 1009 of this chapter to be
inadequate; and
(5) contain provisions which will assure that the
advisory committee will have adequate staff (either
supplied by an agency or employed by it), will be
provided adequate quarters, and will have funds
available to meet its other necessary expenses.
(c) Adherence to Guidelines.--To the extent they are
applicable, the guidelines set out in subsection (b) shall be
followed by the President, agency heads, or other Federal
officials in creating an advisory committee.
Sec. 1005. Responsibilities of the President
(a) Delegation.--The President may delegate responsibility
for evaluating and taking action, where appropriate, with
respect to all public recommendations made to the President by
Presidential advisory committees.
(b) Report on Response to Recommendations.--Within 1 year
after a Presidential advisory committee submits a public report
to the President, the President or the President's delegate
shall submit to Congress a report stating either proposals for
action or reasons for inaction, with respect to the
recommendations contained in the public report.
Sec. 1006. Responsibilities of the Administrator
(a) Committee Management Secretariat.--The Administrator
shall establish and maintain within the General Services
Administration a Committee Management Secretariat, which shall
be responsible for all matters relating to advisory committees.
(b) Annual Reviews.--
(1) In general.--Each year, the Administrator shall
conduct a comprehensive review of the activities and
responsibilities of each advisory committee to
determine--
(A) whether the committee is carrying out its
purpose;
(B) whether, consistent with the provisions
of applicable statutes, the responsibilities
assigned to the committee should be revised;
(C) whether the committee should be merged
with other advisory committees; or
(D) whether the committee should be
abolished.
(2) Obtaining information.--The Administrator may
from time to time request such information as the
Administrator deems necessary to carry out functions
under this subsection. Agency heads shall cooperate
with the Administrator in making the reviews required
by this subsection.
(3) Recommendations.--Upon completion of the review,
the Administrator shall make recommendations to the
President and to either the agency head or Congress
with respect to action the Administrator believes
should be taken.
(c) Administrative Guidelines and Management Controls.--The
Administrator shall prescribe administrative guidelines and
management controls applicable to advisory committees, and, to
the maximum extent feasible, provide advice, assistance, and
guidance to advisory committees to improve their performance.
In carrying out functions under this subsection, the
Administrator shall consider the recommendations of each agency
head with respect to means of improving the performance of
advisory committees whose duties are related to the agency.
(d) Guidelines for Uniform Fair Pay Rates.--
(1) In general.--The Administrator, after study and
consultation with the Director of the Office of
Personnel Management, shall establish guidelines with
respect to uniform fair rates of pay for comparable
services of members, staffs, and consultants of
advisory committees in a manner that gives appropriate
recognition to the responsibilities and qualifications
required and other relevant factors. The guidelines
shall provide that--
(A) a member of an advisory committee or of
the staff of an advisory committee shall not
receive compensation at a rate in excess of the
maximum rate payable under section 5376 of this
title;
(B) members of advisory committees, while
engaged in the performance of their duties away
from their homes or regular places of business,
may be allowed travel expenses, including per
diem in lieu of subsistence, as authorized by
section 5703 of this title for persons employed
intermittently in the Government service; and
(C) members of advisory committees may be
provided services pursuant to section 3102 of
this title while in performance of their
advisory committee duties if the members--
(i) are blind or deaf or otherwise
qualify as individuals with
disabilities (within the meaning of
section 501 of the Rehabilitation Act
of 1973 (29 U.S.C. 791)); and
(ii) do not otherwise qualify for
assistance under section 3102 of this
title by reason of being an employee of
an agency (within the meaning of
section 3102(a)(1) of this title).
(2) Pay for full-time employees.--Nothing in this
subsection shall prevent an individual from receiving
compensation at the rate at which the individual would
otherwise be compensated (or was compensated) as a
full-time employee of the United States if the
individual--
(A) is a full-time employee of the United
States without regard to service with an
advisory committee; or
(B) was a full-time employee of the United
States immediately before service with an
advisory committee.
(e) Budget Recommendations.--The Administrator shall
include in budget recommendations a summary of the amounts the
Administrator considers necessary for the expenses of advisory
committees, including the expenses for publication of reports
where appropriate.
Sec. 1007. Responsibilities of Agency Heads
(a) Administrative Guidelines and Management Controls.--
Each agency head shall establish uniform administrative
guidelines and management controls for advisory committees
established by that agency, which shall be consistent with
directives of the Administrator under sections 1006 and 1009 of
this title. Each agency shall maintain systematic information
on the nature, functions, and operations of each advisory
committee within its jurisdiction.
(b) Advisory Committee Management Officer.--The head of
each agency that has an advisory committee shall designate an
Advisory Committee Management Officer who shall--
(1) exercise control and supervision over the
establishment, procedures, and accomplishments of
advisory committees established by the agency;
(2) assemble and maintain the reports, records, and
other papers of any advisory committee established by
the agency during the advisory committee's existence;
and
(3) carry out, on behalf of the agency, the
provisions of section 552 of this title with respect to
such reports, records, and other papers.
Sec. 1008. Establishment and Purpose of Advisory Committees
(a) Establishment.--An advisory committee shall not be
established unless establishment is--
(1) specifically authorized by statute or by the
President; or
(2) determined as a matter of formal record, by the
head of the agency involved after consultation with the
Administrator, with timely notice published in the
Federal Register, to be in the public interest in
connection with the performance of duties imposed on
that agency by law.
(b) Purpose of Advisory Committees.--Unless otherwise
specifically provided by statute or Presidential directive,
advisory committees shall be utilized solely for advisory
functions. Determinations of action to be taken and policy to
be expressed with respect to matters upon which an advisory
committee reports or makes recommendations shall be made solely
by the President or an officer of the Federal Government.
(c) Advisory Committee Charters.--
(1) General requirement.--An advisory committee shall
not meet or take any action until an advisory committee
charter has been filed--
(A) with the Administrator in the case of
Presidential advisory committees; or
(B) with--
(i) the head of the agency to whom
the advisory committee reports; and
(ii) the standing committees of the
Senate and House of Representatives
having legislative jurisdiction over
the agency to which the advisory
committee reports.
(2) Contents of charter.--The advisory committee
charter shall contain--
(A) the committee's official designation;
(B) the committee's objectives and the scope
of its activity;
(C) the period of time necessary for the
committee to carry out its purposes;
(D) the agency or official to whom the
committee reports;
(E) the agency responsible for providing the
necessary support for the committee;
(F) a description of the duties for which the
committee is responsible, and, if the duties
are not solely advisory, a specification of the
authority for the duties;
(G) the estimated annual operating costs for
the committee in dollars and person-years;
(H) the estimated number and frequency of
committee meetings;
(I) the committee's termination date, if less
than 2 years from the date of the committee's
establishment; and
(J) the date the charter is filed.
(3) Copy of charter to library of congress.--A copy
of the advisory committee charter shall be furnished to
the Library of Congress.
Sec. 1009. Advisory Committee Procedures
(a) Committee Meetings.--
(1) Open to public.--Each advisory committee meeting
shall be open to the public.
(2) Notice of meetings.--Except when the President
determines otherwise for reasons of national security,
timely notice of each meeting shall be published in the
Federal Register, and the Administrator shall prescribe
regulations to provide for other types of public notice
to insure that all interested persons are notified of
each meeting in advance.
(3) Participation.--Interested persons shall be
permitted to attend, appear before, or file statements
with any advisory committee, subject to such reasonable
rules or regulations as the Administrator may
prescribe.
(b) Public Inspection and Copying of Records.--Subject to
section 552 of this title, the records, reports, transcripts,
minutes, appendixes, working papers, drafts, studies, agenda,
or other documents which were made available to or prepared for
or by each advisory committee shall be available for public
inspection and copying at a single location in the offices of
the advisory committee or the agency to which the advisory
committee reports until the advisory committee ceases to exist.
(c) Minutes.--Detailed minutes of each meeting of each
advisory committee shall be kept and shall contain a record of
the persons present, a complete and accurate description of
matters discussed and conclusions reached, and copies of all
reports received, issued, or approved by the advisory
committee. The accuracy of all minutes shall be certified by
the chairman of the advisory committee.
(d) Closed Sessions.--Paragraphs (1) and (3) of subsection
(a) shall not apply to any portion of an advisory committee
meeting for which the President, or the head of the agency to
which the advisory committee reports, determines that such
portion of the meeting may be closed to the public in
accordance with section 552b(c) of this title. Any such
determination shall be in writing and shall contain the reasons
for the determination. If such a determination is made, the
advisory committee shall issue a report, at least annually,
setting forth a summary of its activities and such related
matters as would be informative to the public consistent with
the policy of section 552(b) of this title.
(e) Designated Officer or Employee of Federal Government.--
There shall be designated an officer or employee of the Federal
Government to chair or attend each meeting of each advisory
committee. The officer or employee so designated is authorized,
whenever the officer or employee determines it to be in the
public interest, to adjourn any such meeting. An advisory
committee shall not conduct any meeting in the absence of that
designated officer or employee of the Federal Government.
(f) Call for Meeting or Advance Approval.--Advisory
committees shall not hold any meetings except at the call of,
or with the advance approval of, a designated officer or
employee of the Federal Government, and in the case of advisory
committees (other than Presidential advisory committees), with
an agenda approved by such officer or employee.
Sec. 1010. Availability of Transcripts
(a) Definition of Agency Proceeding.--In this section, the
term ``agency proceeding'' has the meaning given the term in
section 551 of this title.
(b) Availability.--Agencies and advisory committees shall
make available to any person, at actual cost of duplication,
copies of transcripts of any agency proceeding or advisory
committee meeting.
Sec. 1011. Fiscal and Administrative Provisions
(a) Records.--Each agency shall keep records that fully
disclose the disposition of any funds which may be at the
disposal of its advisory committees and the nature and extent
of their activities. The General Services Administration, or
such other agency as the President may designate, shall
maintain financial records with respect to Presidential
advisory committees. The Comptroller General of the United
States, or any authorized representative of the Comptroller
General, shall have access to the records for the purpose of
audit and examination.
(b) Support Services.--Each agency shall be responsible for
providing support services for each advisory committee
established by or reporting to it unless the establishing
authority provides otherwise. If an advisory committee reports
to more than one agency, only one agency at a time shall be
responsible for support services. In the case of Presidential
advisory committees, support services may be provided by the
General Services Administration.
Sec. 1012. Responsibilities of Library of Congress
Subject to section 552 of this title, the Administrator
shall provide for the filing with the Library of Congress of at
least 8 copies of each report made by each advisory committee
and, where appropriate, background papers prepared by
consultants. The Librarian of Congress shall establish a
depository for the reports and papers and make them available
for public inspection and use.
Sec. 1013. Termination of Advisory Committees
(a) In General.--
(1) Advisory committees in existence on january 5,
1973.--Each advisory committee that is in existence on
January 5, 1973, shall terminate not later than the
expiration of the 2-- year period following that date
unless--
(A) in the case of an advisory committee
established by the President or an officer of
the Federal Government, such advisory committee
is renewed by the President or that officer by
appropriate action prior to the expiration of
such 2--year period; or
(B) in the case of an advisory committee
established by an Act of Congress, its duration
is otherwise provided for by law.
(2) Advisory committees established after january 5,
1973.--Each advisory committee established after
January 5, 1973, shall terminate not later than the
expiration of the 2-- year period beginning on the date
of its establishment unless--
(A) in the case of an advisory committee
established by the President or an officer of
the Federal Government such advisory committee
is renewed by the President or such officer by
appropriate action prior to the end of such
period; or
(B) in the case of an advisory committee
established by an Act of Congress, its duration
is otherwise provided for by law.
(b) Charters.--
(1) Upon renewal.--Upon the renewal of an advisory
committee, the advisory committee shall file a charter
in accordance with section 1008(c) of this title.
(2) Upon expiration of successive 2-year periods.--An
advisory committee established by an Act of Congress
shall file a charter in accordance with section 1008(c)
of this title upon the expiration of each successive 2-
year period following the date of enactment of the Act
establishing the advisory committee.
(3) Prohibition on action prior to filing charter.--
An advisory committee required to file a charter under
this subsection shall not take any action (other than
preparation and filing of the charter) prior to the
date on which the charter is filed.
(c) Successive Two-Year Periods.--An advisory committee
that is renewed by the President or an officer of the Federal
Government may be continued only for successive 2-year periods
by appropriate action taken by the President or the officer
prior to the date on which the advisory committee would
otherwise terminate.
Sec. 1014. Requirements Relating to National Academy of Sciences and
National Academy of Public Administration
(a) In General.--An agency may not use any advice or
recommendation provided by the National Academy of Sciences or
National Academy of Public Administration that was developed by
use of a committee created by that academy under an agreement
with an agency, unless--
(1) the committee was not subject to any actual
management or control by an agency or an officer of the
Federal Government;
(2) in the case of a committee created after December
17, 1997, the membership of the committee was appointed
in accordance with the requirements described in
subsection (b) (1); and
(3) in developing the advice or recommendation, the
academy complied with--
(A) subsection (b)(2) through (6), in the
case of any advice or recommendation provided
by the National Academy of Sciences; or
(B) subsection (b)(2) and (5), in the case of
any advice or recommendation provided by the
National Academy of Public Administration.
(b) Requirements.--The requirements referred to in
subsection (a) are as follows:
(1) Public notice regarding appointees.--The Academy
shall determine and provide public notice of the names
and brief biographies of individuals that the Academy
appoints or intends to appoint to serve on the
committee. The Academy shall determine and provide a
reasonable opportunity for the public to comment on
appointments before they are made or, if the Academy
determines prior comment is not practicable, in the
period immediately following the appointments. The
Academy shall require that any individual the Academy
appoints (or intends to appoint) to serve on the
committee inform the Academy of the individual's
conflicts of interest that are relevant to the
functions to be performed. The Academy shall make its
best efforts to ensure that--
(A) no individual appointed to serve on the
committee has a conflict of interest that is
relevant to the functions to be performed,
unless such conflict is promptly and publicly
disclosed and the Academy determines that the
conflict is unavoidable;
(B) the committee membership is fairly
balanced as determined by the Academy to be
appropriate for the functions to be performed;
and
(C) the final report of the Academy will be
the result of the Academy's independent
judgment.
(2) Public notice of committee meetings.--The Academy
shall determine and provide public notice of committee
meetings that will be open to the public.
(3) Data gathering meetings.--The Academy shall
ensure that meetings of the committee to gather data
from individuals who are not officials, agents, or
employees of the Academy are open to the public, unless
the Academy determines that a meeting would disclose
matters described in section 552(b) of this title. The
Academy shall make available to the public, at
reasonable charge if appropriate, written materials
presented to the committee by individuals who are not
officials, agents, or employees of the Academy, unless
the Academy determines that making material available
would disclose matters described in section 552(b) of
this title.
(4) Other meetings.--The Academy shall make available
to the public as soon as practicable, at reasonable
charge if appropriate, a brief summary of any committee
meeting that is not a data-gathering meeting, unless
the Academy determines that the summary would disclose
matters described in section 552(b) of this title. The
summary shall identify the committee members present,
the topics discussed, materials made available to the
committee, and other matters the Academy determines
should be included.
(5) Final report.--The Academy shall make available
to the public its final report, at reasonable charge if
appropriate, unless the Academy determines that the
report would disclose matters described in section
552(b) of this title. If the Academy determines that
the report would disclose matters described in section
552(b) of this title, the Academy shall make public an
abbreviated version of the report that does not
disclose those matters.
(6) Reviewers of Report.--After publication of the
final report, the Academy shall make publicly available
the names of the principal reviewers who reviewed the
report in draft form and who are not officials, agents,
or employees of the Academy.
(c) Regulations.--The Administrator of General Services may
issue regulations implementing this section.
Changes in Existing Law Made by Section 3(b) of the Bill (Amending Part
I of Title 5, United States Code)
CHAPTER 4--INSPECTORS GENERAL
Sec.
401. Definitions.
402. Establishment and purpose of Offices of Inspector General.
403. Appointments.
404. Duties and responsibilities.
405. Reports.
406. Authority of Inspector General.
407. Complaints by employees.
408. Additional provisions with respect to the Inspector General of the
Department of Defense.
409. Special provisions concerning the Agency for International
Development.
410. Special provisions concerning the Nuclear Regulatory Commission.
411. Special provisions concerning the Federal Deposit Insurance
Corporation.
412. Special provisions concerning the Department of the Treasury.
413. Special provisions concerning the Department of Justice.
414. Special provisions concerning the Corporation for National and
Community Service.
415. Requirements for Federal entities and designated Federal entities.
416. Additional provisions with respect to Inspectors General of the
intelligence community.
417. Special provisions concerning the Department of Homeland Security.
418. Rule of construction of special provisions.
419. Special provisions concerning overseas contingency operations.
420. Information on websites of Offices of Inspectors General.
421. Additional provisions with respect to the Department of Energy.
422. Transfer of functions.
423. Pay of Inspectors General.
424. Establishment of the Council of the Inspectors General on Integrity
and Efficiency.
Sec. 401. Definitions
In this chapter:
(1) Establishment.--The term ``establishment'' means
the Department of Agriculture, Commerce, Defense,
Education, Energy, Health and Human Services, Housing
and Urban Development, the Interior, Justice, Labor,
State, Transportation, Homeland Security, the Treasury,
or Veterans Affairs; the Agency for International
Development, the Community Development Financial
Institutions Fund, the Environmental Protection Agency,
the Federal Communications Commission, the Federal
Emergency Management Agency, the General Services
Administration, the National Aeronautics and Space
Administration, the Nuclear Regulatory Commission, the
Office of Personnel Management, the Railroad Retirement
Board, the Federal Deposit Insurance Corporation, the
Small Business Administration, the Corporation for
National and Community Service, the Social Security
Administration, the Federal Housing Finance Agency, the
Tennessee Valley Authority, the Export-Import Bank of
the United States, the Commissions established under
section 15301 of title 40, the National Security
Agency, or the National Reconnaissance Office, as the
case may be.
(2) Federal agency.--The term ``Federal agency''
means an agency as defined in section 552(f) of this
title (including an establishment as defined in
paragraph (1)), but shall not be construed to include
the Government Accountability Office.
(3) Head of the establishment.--The term ``head of
the establishment'' means the Secretary of Agriculture,
Commerce, Defense, Education, Energy, Health and Human
Services, Housing and Urban Development, the Interior,
Labor, State, Transportation, Homeland Security, the
Treasury, or Veterans Affairs; the Attorney General;
the Administrator of the Agency for International
Development, Environmental Protection, General
Services, National Aeronautics and Space, Small
Business, or the Federal Emergency Management Agency;
the Director of the Office of Personnel Management; the
Chairman of the Nuclear Regulatory Commission, the
Federal Communications Commission, or the Railroad
Retirement Board; the Chief Executive Officer of the
Corporation for National and Community Service; the
Administrator of the Community Development Financial
Institutions Fund; the Chairperson of the Federal
Deposit Insurance Corporation; the Commissioner of
Social Security, Social Security Administration; the
Director of the Federal Housing Finance Agency; the
Board of Directors of the Tennessee Valley Authority;
the President of the Export-Import Bank of the United
States; the Federal Cochairpersons of the Commissions
established under section 15301 of title 40; the
Director of the National Security Agency; or the
Director of the National Reconnaissance Office; as the
case may be.
(4) Inspector general.--The term ``Inspector
General'' means the Inspector General of an
establishment.
(5) Office.--The term ``Office'' means the Office of
Inspector General of an establishment.
Sec. 402. Establishment and Purpose of Offices of Inspector General
(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.
Sec. 403. Appointments
(a) In General.--There shall be at the head of each Office
an Inspector General who shall be appointed by the President,
by and with the advice and consent of the Senate, without
regard to political affiliation and solely on the basis of
integrity and demonstrated ability in accounting, auditing,
financial analysis, law, management analysis, public
administration, or investigations. Each Inspector General shall
report to and be under the general supervision of the head of
the establishment involved or, to the extent such authority is
delegated, the officer next in rank below such head, but shall
not report to, or be subject to supervision by, any other
officer of the establishment. Neither the head of the
establishment nor the officer next in rank below the head shall
prevent or prohibit the Inspector General from initiating,
carrying out, or completing any audit or investigation, or from
issuing any subpoena during the course of any audit or
investigation.
(b) Removal or Transfer.--An Inspector General may be
removed from office by the President. If an Inspector General
is removed from office or is transferred to another position or
location within an establishment, the President shall
communicate in writing the reasons for any such removal or
transfer to both Houses of Congress, not later than 30 days
before the removal or transfer. Nothing in this subsection
shall prohibit a personnel action otherwise authorized by law,
other than transfer or removal.
(c) Not Employee Determining Policy.--For the purposes of
section 7324 of this title, an Inspector General shall not be
considered to be an employee who determines policies to be
pursued by the United States in the nationwide administration
of Federal laws.
(d) Assistant Inspectors General and Whistleblower
Protection Coordinator.--
(1) In general.--Each Inspector General shall, in
accordance with applicable laws and regulations
governing the civil service--
(A) appoint an Assistant Inspector General
for Auditing who shall have the responsibility
for supervising the performance of auditing
activities relating to programs and operations
of the establishment;
(B) appoint an Assistant Inspector General
for Investigations who shall have the
responsibility for supervising the performance
of investigative activities relating to such
programs and operations; and
(C) designate a Whistleblower Protection
Coordinator who shall--
(i) educate agency employees--
(I) about prohibitions
against retaliation for
protected disclosures; and
(II) who have made or are
contemplating making a
protected disclosure about the
rights and remedies against
retaliation for protected
disclosures, including--
(aa) the means by
which employees may
seek review of any
allegation of reprisal,
including the roles of
the Office of the
Inspector General, the
Office of Special
Counsel, the Merit
Systems Protection
Board, and any other
relevant entities; and
(bb) general
information about the
timeliness of such
cases, the availability
of any alternative
dispute mechanisms, and
avenues for potential
relief;
(ii) assist the Inspector General in
promoting the timely and appropriate
handling and consideration of protected
disclosures and allegations of
reprisal, to the extent practicable, by
the Inspector General; and
(iii) assist the Inspector General in
facilitating communication and
coordination with the Special Counsel,
the Council of the Inspectors General
on Integrity and Efficiency, the
establishment, Congress, and any other
relevant entity regarding the timely
and appropriate handling and
consideration of protected disclosures,
allegations of reprisal, and general
matters regarding the implementation
and administration of whistleblower
protection laws, rules, and
regulations.
(2) Whistleblower protection coordinator not to act
as legal representative, agent, or advocate.--The
Whistleblower Protection Coordinator shall not act as a
legal representative, agent, or advocate of the
employee or former employee.
(3) Whistleblower protection coordinator access to
inspector general.--The Whistleblower Protection
Coordinator shall have direct access to the Inspector
General as needed to accomplish the requirements of
this subsection.
(4) Whistleblower protection coordinator exception
for intelligence activity.--For the purposes of this
section, the requirement of the designation of a
Whistleblower Protection Coordinator under paragraph
(1)(C) shall not apply to--
(A) any agency that is an element of the
intelligence community (as defined in section
3(4) of the National Security Act of 1947 (50
U.S.C. 3003(4)); or
(B) as determined by the President, any
executive agency or unit thereof the principal
function of which is the conduct of foreign
intelligence or counter intelligence
activities.
(e) Rate of Pay.--The annual rate of basic pay for an
Inspector General (as defined under section 401 of this title)
shall be the rate payable for level III of the Executive
Schedule under section 5314 of this title, plus 3 percent.
(f) Prohibition on Cash Awards.--An Inspector General (as
defined under section 401 or 415(a) of this title) may not
receive any cash award or cash bonus, including any cash award
under chapter 45 of this title.
(g) Legal Advice.--Each Inspector General shall, in
accordance with applicable laws and regulations governing the
civil service, obtain legal advice from a counsel either
reporting directly to the Inspector General or another
Inspector General.
Sec. 404. Duties and Responsibilities
(a) In General.--It shall be the duty and responsibility of
each Inspector General, with respect to the establishment
within which the Inspector General's Office is established--
(1) to provide policy direction for and to conduct,
supervise, and coordinate audits and investigations
relating to the programs and operations of the
establishment;
(2) to review existing and proposed legislation and
regulations relating to programs and operations of the
establishment and to make recommendations in the
semiannual reports required by section 405(b) of this
title concerning the impact of the legislation and
regulations on the economy and efficiency in the
administration of programs and operations administered
or financed by the establishment, or the prevention and
detection of fraud and abuse in the programs and
operations;
(3) to recommend policies for, and to conduct,
supervise, or coordinate other activities carried out
or financed by, the establishment for the purpose of
promoting economy and efficiency in the administration
of, or preventing and detecting fraud and abuse in, its
programs and operations;
(4) to recommend policies for the establishment, and
to conduct, supervise, or coordinate relationships
between the establishment and other Federal agencies,
State and local governmental agencies, and
nongovernmental entities, with respect to--
(A) all matters relating to the promotion of
economy and efficiency in the administration
of, or the prevention and detection of fraud
and abuse in, programs and operations
administered or financed by the establishment;
or
(B) the identification and prosecution of
participants in fraud or abuse referred to in
subparagraph (A); and
(5) to keep the head of the establishment and
Congress fully and currently informed, by means of the
reports required by section 405 of this title and
otherwise, concerning fraud and other serious problems,
abuses, and deficiencies relating to the administration
of programs and operations administered or financed by
the establishment, to recommend corrective action
concerning the problems, abuses, and deficiencies, and
to report on the progress made in implementing the
corrective action.
(b) Standards and Guidelines.--
(1) In general.--In carrying out the responsibilities
specified in subsection (a)(1), each Inspector General
shall--
(A) comply with standards established by the
Comptroller General of the United States for
audits of Federal establishments,
organizations, programs, activities, and
functions;
(B) establish guidelines for determining when
it shall be appropriate to use non-Federal
auditors; and
(C) take appropriate steps to ensure that any
work performed by non-Federal auditors complies
with the standards established by the
Comptroller General as described in paragraph
(1).
(2) Reviews performed exclusively by audit entities
in federal government.--For purposes of determining
compliance with paragraph (1)(A) with respect to
whether internal quality controls are in place and
operating and whether established audit standards,
policies, and procedures are being followed by Offices
of Inspector General of establishments defined under
section 401 of this title, Offices of Inspector General
of designated Federal entities defined under section
415(a) of this title, and any audit office established
within a Federal entity defined under section 415(a) of
this title, reviews shall be performed exclusively by
an audit entity in the Federal Government, including
the Government Accountability Office or the Office of
Inspector General of each establishment defined under
section 401 of this title, or the Office of Inspector
General of each designated Federal entity defined under
section 415(a) of this title.
(c) Effective Coordination and Cooperation.--In carrying
out the duties and responsibilities established under this
chapter, each Inspector General shall give particular regard to
the activities of the Comptroller General of the United States
with a view toward avoiding duplication and ensuring effective
coordination and cooperation.
(d) Reporting Violation of Federal Criminal Law.--In
carrying out the duties and responsibilities established under
this chapter, each Inspector General shall report expeditiously
to the Attorney General whenever the Inspector General has
reasonable grounds to believe there has been a violation of
Federal criminal law.
(e) Recommendations for Corrective Actions.--
(1) Submission of documents.--In carrying out the
duties and responsibilities established under this
chapter, whenever an Inspector General issues a
recommendation for corrective action to the agency, the
Inspector General--
(A) shall submit the document making a
recommendation for corrective action to--
(i) the head of the establishment;
(ii) the congressional committees of
jurisdiction; and
(iii) if the recommendation for
corrective action was initiated upon
request by an individual or entity
other than the Inspector General, that
individual or entity;
(B) may submit the document making a
recommendation for corrective action to any
Member of Congress upon request; and
(C) not later than 3 days after the
recommendation for corrective action is
submitted in final form to the head of the
establishment, post the document making a
recommendation for corrective action on the
website of the Office of Inspector General.
(2) Public disclosure otherwise prohibited by law.--
Nothing in this subsection shall be construed as
authorizing an Inspector General to publicly disclose
information otherwise prohibited from disclosure by
law.
Sec. 405. Reports
(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 report and the issuance of a final
decision by management concerning its response to the
findings and recommendations, including actions
concluded to be necessary.
(4) Questioned cost.--The term ``questioned cost''
means a cost that is questioned by the Office because
of--
(A) an alleged violation of a provision of a
law, regulation, contract, grant, cooperative
agreement, or other agreement or document
governing the expenditure of funds;
(B) a finding that, at the time of the audit,
the cost is not supported by adequate
documentation; or
(C) a finding that the expenditure of funds
for the intended purpose is unnecessary or
unreasonable.
(5) Recommendation that funds be put to better use.--
The term ``recommendation that funds be put to better
use'' means a recommendation by the Office that funds
could be used more efficiently if management of an
establishment took actions to implement and complete
the recommendation, including--
(A) reductions in outlays;
(B) deobligation of funds from programs or
operations;
(C) withdrawal of interest subsidy costs on
loans or loan guarantees, insurance, or bonds;
(D) costs not incurred by implementing
recommended improvements related to the
operations of the establishment, a contractor,
or grantee;
(E) avoidance of unnecessary expenditures
noted in preaward reviews of contract or grant
agreements; or
(F) any other savings which are specifically
identified.
(6) Senior government employee.--The term ``senior
Government employee'' means--
(A) an officer or employee in the executive
branch (including a special Government employee
as defined in section 202 of title 18) who
occupies a position classified at or above GS-
15 of the General Schedule or, in the case of
positions not under the General Schedule, for
which the rate of basic pay is equal to or
greater than 120 percent of the minimum rate of
basic pay payable for GS-15 of the General
Schedule; and
(B) any commissioned officer in the Armed
Forces in pay grades O-6 and above.
(7) Unsupported cost.--The term ``unsupported cost''
means a cost that is questioned by the Office because
the Office found that, at the time of the audit, such
cost is not supported by adequate documentation.
(b) Semiannual Reports.--Each Inspector General shall, not
later than April 30 and October 31 of each year, prepare
semiannual reports summarizing the activities of the Office
during the immediately preceding 6-month periods ending March
31 and September 30. The reports shall include, but need not be
limited to--
(1) a description of significant problems, abuses,
and deficiencies relating to the administration of
programs and operations of such establishment disclosed
by such activities during the reporting period;
(2) a description of the recommendations for
corrective action made by the Office during the
reporting period with respect to significant problems,
abuses, or deficiencies identified pursuant to
paragraph (1);
(3) an identification of each significant
recommendation described in previous semiannual reports
on which corrective action has not been completed;
(4) a summary of matters referred to prosecutive
authorities and the prosecutions and convictions which
have resulted;
(5) a summary of each report made to the head of the
establishment under section 406(c)(2) of this title
during the reporting period;
(6) a listing, subdivided according to subject
matter, of each audit report, inspection report, and
evaluation report issued by the Office during the
reporting period and for each report, where 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;
(7) a summary of each particularly significant
report;
(8) statistical tables showing the total number of
audit reports, inspection reports, and evaluation
reports and the total dollar value of questioned costs
(including a separate category for the dollar value of
unsupported costs), for reports--
(A) for which no management decision had been
made by the commencement of the reporting
period;
(B) which were issued during the reporting
period;
(C) for which a management decision was made
during the reporting period, including--
(i) the dollar value of disallowed
costs; and
(ii) the dollar value of costs not
disallowed; and
(D) for which no management decision has been
made by the end of the reporting period;
(9) statistical tables showing the total number of
audit reports, inspection reports, and evaluation
reports and the dollar value of recommendations that
funds be put to better use by management, for reports--
(A) for which no management decision had been
made by the commencement of the reporting
period;
(B) which were issued during the reporting
period;
(C) for which a management decision was made
during the reporting period, including--
(i) the dollar value of
recommendations that were agreed to by
management; and
(ii) the dollar value of
recommendations that were not agreed to
by management; and
(D) for which no management decision has been
made by the end of the reporting period;
(10) a summary of each audit report, inspection
report, and evaluation report issued before the
commencement of the reporting period--
(A) for which no management decision has been
made by the end of the reporting period
(including the date and title of each such
report), an explanation of the reasons such
management decision has not been made, and a
statement concerning the desired timetable for
achieving a management decision on each such
report;
(B) for which no establishment comment was
returned within 60 days of providing the report
to the establishment; and
(C) for which there are any outstanding
unimplemented recommendations, including the
aggregate potential cost savings of those
recommendations;
(11) a description and explanation of the reasons for
any significant revised management decision made during
the reporting period;
(12) information concerning any significant
management decision with which the Inspector General is
in disagreement;
(13) the information described under section 804(b)
of the Federal Financial Management Improvement Act of
1996 (Public Law 104-208, Sec. 101(f) [title VIII], 31
U.S.C. 3512 note);
(14)(A) an appendix containing the results of any
peer review conducted by another Office of Inspector
General during the reporting period; or
(B) if no peer review was conducted within that
reporting period, a statement identifying the date of
the last peer review conducted by another Office of
Inspector General;
(15) a list of any outstanding recommendations from
any peer review conducted by another Office of
Inspector General that have not been fully implemented,
including a statement describing the status of the
implementation and why implementation is not complete;
(16) a list of any peer reviews conducted by the
Inspector General of another Office of the Inspector
General during the reporting period, including a list
of any outstanding recommendations made from any
previous peer review (including any peer review
conducted before the reporting period) that remain
outstanding or have not been fully implemented;
(17) statistical tables showing--
(A) the total number of investigative reports
issued during the reporting period;
(B) the total number of persons referred to
the Department of Justice for criminal
prosecution during the reporting period;
(C) the total number of persons referred to
State and local prosecuting authorities for
criminal prosecution during the reporting
period; and
(D) the total number of indictments and
criminal informations during the reporting
period that resulted from any prior referral to
prosecuting authorities;
(18) a description of the metrics used for developing
the data for the statistical tables under paragraph
(17);
(19) a report on each investigation conducted by the
Office involving a senior Government employee where
allegations of misconduct were substantiated, including
the name of the senior government official (as defined
by the department or agency) if already made public by
the Office, and a detailed description of--
(A) the facts and circumstances of the
investigation; and
(B) 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;
(20)(A) a detailed description of any instance of
whistleblower retaliation, including information about
the official found to have engaged in retaliation; and
(B) what, if any, consequences the establishment
actually imposed to hold the official described in
subparagraph (A) accountable;
(21) a detailed description of any attempt by the
establishment to interfere with the independence of the
Office, including--
(A) with budget constraints designed to limit
the capabilities of the Office; and
(B) 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
(22) detailed descriptions of the particular
circumstances of each--
(A) inspection, evaluation, and audit
conducted by the Office that is closed and was
not disclosed to the public; and
(B) investigation conducted by the Office
involving a senior Government employee that is
closed and was not disclosed to the public.
(c) Furnishing Semiannual Reports to Head of Establishment
and Congress.--Semiannual reports of each Inspector General
shall be furnished to the head of the establishment involved
not later than April 30 and October 31 of each year and shall
be transmitted by the head of the establishment to the
appropriate committees or subcommittees of the Congress within
30 days after receipt of the report, together with a report by
the head of the establishment containing--
(1) any comments the head of the establishment
determines appropriate;
(2) statistical tables showing the total number of
audit reports, inspection reports, and evaluation
reports and the dollar value of disallowed costs, for
reports--
(A) for which final action had not been taken
by the commencement of the reporting period;
(B) on which management decisions were made
during the reporting period;
(C) for which final action was taken during
the reporting period, including--
(i) the dollar value of disallowed
costs that were recovered by management
through collection, offset, property in
lieu of cash, or otherwise; and
(ii) the dollar value of disallowed
costs that were written off by
management; and
(D) for which no final action has been taken
by the end of the reporting period;
(3) statistical tables showing the total number of
audit reports, inspection reports, and evaluation
reports and the dollar value of recommendations that
funds be put to better use by management agreed to in a
management decision, for reports--
(A) for which final action had not been taken
by the commencement of the reporting period;
(B) on which management decisions were made
during the reporting period;
(C) for which final action was taken during
the reporting period, including--
(i) the dollar value of
recommendations that were actually
completed; and
(ii) the dollar value of
recommendations that management has
subsequently concluded should not or
could not be implemented or completed;
and
(D) for which no final action has been taken
by the end of the reporting period;
(4) whether the establishment entered into a
settlement agreement with the official described in
subsection (b)(20)(A), which shall be reported
regardless of any confidentiality agreement relating to
the settlement agreement; and
(5) a statement with respect to audit reports on
which management decisions have been made but final
action has not been taken, other than audit reports on
which a management decision was made within the
preceding year, containing--
(A) a list of such audit reports and the date
each such report was issued;
(B) the dollar value of disallowed costs for
each report;
(C) the dollar value of recommendations that
funds be put to better use agreed to by
management for each report; and
(D) an explanation of the reasons final
action has not been taken with respect to each
audit report;
except that the statement may exclude any audit reports that
are under formal administrative or judicial appeal or upon
which management of an establishment has agreed to pursue a
legislative solution, but the statement shall identify the
number of reports in each category so excluded.
(d) Reports Available to Public.--Within 60 days of the
transmission of the semiannual reports of each Inspector
General to Congress, the head of each establishment shall make
copies of the report available to the public upon request and
at a reasonable cost. Within 60 days after the transmission of
the semiannual reports of each establishment head to Congress,
the head of each establishment shall make copies of the report
available to the public upon request and at a reasonable cost.
(e) Reporting Serious Problems, Abuses, or Deficiencies.--
Each Inspector General shall report immediately to the head of
the establishment involved whenever the Inspector General
becomes aware of particularly serious or flagrant problems,
abuses, or deficiencies relating to the administration of
programs and operations of the establishment. The head of the
establishment shall transmit any such report to the appropriate
committees or subcommittees of Congress within 7 calendar days,
together with a report by the head of the establishment
containing any comments the establishment head deems
appropriate.
(f) Limitation on Public Disclosure of Information.--
(1) In general.--Nothing in this section shall be
construed to authorize the public disclosure of
information that is--
(A) specifically prohibited from disclosure
by any other provision of law;
(B) specifically required by Executive order
to be protected from disclosure in the interest
of national defense or national security or in
the conduct of foreign affairs; or
(C) a part of an ongoing criminal
investigation.
(2) Criminal investigation information in public
records.--Notwithstanding paragraph (1)(C), any report
under this section may be disclosed to the public in a
form which includes information with respect to a part
of an ongoing criminal investigation if such
information has been included in a public record.
(3) No authorization to withhold information from
congress.--Except to the extent and in the manner
provided under section 6103(f) of the Internal Revenue
Code of 1986 (26 U.S.C. 6103(f)), nothing in this
section or in any other provision of this chapter shall
be construed to authorize or permit the withholding of
information from Congress, or from any committee or
subcommittee of Congress.
(4) Provision of information to members of
congress.--Subject to any other provision of law that
would otherwise prohibit disclosure of such
information, the information described in paragraph (1)
may be provided to any Member of Congress upon request.
(5) Protection of personally identifiable information
of whistleblowers.--An Office may not provide to
Congress or the public any information that reveals the
personally identifiable information of a whistleblower
under this section unless the Office first obtains the
consent of the whistleblower.
Sec. 406. Authority of Inspector General
(a) In General.--In addition to the authority otherwise
provided by this chapter, each Inspector General, in carrying
out the provisions of this chapter, is authorized--
(1)(A) to have timely access to all records, reports,
audits, reviews, documents, papers, recommendations, or
other materials available to the applicable
establishment which relate to the programs and
operations with respect to which that Inspector General
has responsibilities under this chapter;
(B) to have access under subparagraph (A)
notwithstanding any other provision of law, except
pursuant to any provision of law enacted by Congress
that expressly--
(i) refers to the Inspector General; and
(ii) limits the right of access of the
Inspector General; and
(C) except as provided in subsection (i), with regard
to Federal grand jury materials protected from
disclosure pursuant to rule 6(e) of the Federal Rules
of Criminal Procedure, to have timely access to such
information if the Attorney General grants the request
in accordance with subsection (h);
(2) to make such investigations and reports relating
to the administration of the programs and operations of
the applicable establishment as are, in the judgment of
the Inspector General, necessary or desirable;
(3) to request such information or assistance as may
be necessary for carrying out the duties and
responsibilities provided by this chapter from any
Federal, State, or local governmental agency or unit
thereof;
(4) to require by subpoena the production of all
information, documents, reports, answers, records,
accounts, papers, and other data in any medium
(including electronically stored information), as well
as any tangible thing and documentary evidence
necessary in the performance of the functions assigned
by this chapter, which subpoena, in the case of
contumacy or refusal to obey, shall be enforceable by
order of any appropriate United States district court,
but procedures other than subpoenas shall be used by
the Inspector General to obtain documents and
information from Federal agencies;
(5) to administer to or take from any person an oath,
affirmation, or affidavit, whenever necessary in the
performance of the functions assigned by this chapter,
which oath, affirmation, or affidavit when administered
or taken by or before an employee of an Office of
Inspector General designated by the Inspector General
shall have the same force and effect as if administered
or taken by or before an officer having a seal;
(6) to have direct and prompt access to the head of
the establishment involved when necessary for any
purpose pertaining to the performance of functions and
responsibilities under this chapter;
(7) to select, appoint, and employ such officers and
employees as may be necessary for carrying out the
functions, powers, and duties of the Office subject to
the provisions of this title, governing appointments in
the competitive service, and the provisions of chapter
51 and subchapter III of chapter 53 of this title
relating to classification and General Schedule pay
rates;
(8) to obtain services as authorized by section 3109
of this title, at daily rates not to exceed the maximum
rate payable under section 5376 of this title; and
(9) to the extent and in such amounts as may be
provided in advance by appropriations Acts, to enter
into contracts and other arrangements for audits,
studies, analyses, and other services with public
agencies and with private persons, and to make such
payments as may be necessary to carry out the
provisions of this chapter.
(b) Public Disclosure Otherwise Prohibited by Law.--Nothing
in this section shall be construed as authorizing an Inspector
General to publicly disclose information otherwise prohibited
from disclosure by law.
(c) Requests for Information.--
(1) Compliance in general.--Upon request of an
Inspector General for information or assistance under
subsection (a)(3), the head of any Federal agency
involved shall, insofar as is practicable and not in
contravention of any existing statutory restriction or
regulation of the Federal agency from which the
information is requested, furnish to the Inspector
General, or to an authorized designee, the requested
information or assistance.
(2) Unreasonable refusal.--Whenever information or
assistance requested under subsection (a)(1) or (a)(3)
is, in the judgment of an Inspector General,
unreasonably refused or not provided, the Inspector
General shall report the circumstances to the head of
the establishment involved without delay.
(d) Office Space and Supplies.--Each head of an
establishment shall provide the Office within the establishment
with appropriate and adequate office space at central and field
office locations of the establishment, together with such
equipment, office supplies, and communications facilities and
services as may be necessary for the operation of the offices,
and shall provide necessary maintenance services for the
offices and the equipment and facilities provided.
(e) Applying Certain Provisions.--
(1) Each office considered separate agency.--
(A) For purposes of applying the provisions
of law identified in subparagraph (B)--
(i) each Office of Inspector General
shall be considered to be a separate
agency; and
(ii) the Inspector General who is the
head of an office referred to in clause
(i) shall, with respect to that office,
have the functions, powers, and duties
of an agency head or appointing
authority under such provisions.
(B) This paragraph applies with respect to
the following provisions of this title:
(i) Subchapter II of chapter 35.
(ii) Sections 8335(b), 8336, 8344,
8414, 8425(b), and 8468.
(iii) All provisions relating to the
Senior Executive Service (as determined
by the Office of Personnel Management),
subject to paragraph (2).
(2) Applying section 4507(b).--For purposes of
applying section 4507(b) of this title, paragraph
(1)(A)(ii) shall be applied by substituting ``the
Council of the Inspectors General on Integrity and
Efficiency (established by section 424 of this title)
shall'' for ``the Inspector General who is the head of
an office referred to in clause (i) shall, with respect
to that office,''.
(f) Additional Authority.--
(1) In general.--In addition to the authority
otherwise provided by this chapter, each Inspector
General, any Assistant Inspector General for
Investigations under such an Inspector General, and any
special agent supervised by such an Assistant Inspector
General may be authorized by the Attorney General to--
(A) carry a firearm while engaged in official
duties as authorized under this chapter or
other statute, or as expressly authorized by
the Attorney General;
(B) make an arrest without a warrant while
engaged in official duties as authorized under
this chapter or other statute, or as expressly
authorized by the Attorney General, for any
offense against the United States committed in
the presence of such Inspector General,
Assistant Inspector General, or agent, or for
any felony cognizable under the laws of the
United States if such Inspector General,
Assistant Inspector General, or agent has
reasonable grounds to believe that the person
to be arrested has committed or is committing
such felony; and
(C) seek and execute warrants for arrest,
search of a premises, or seizure of evidence
issued under the authority of the United States
upon probable cause to believe that a violation
has been committed.
(2) Determination.--The Attorney General may
authorize exercise of the powers under this subsection
only upon an initial determination that--
(A) the affected Office of Inspector General
is significantly hampered in the performance of
responsibilities established by this chapter as
a result of the lack of such powers;
(B) available assistance from other law
enforcement agencies is insufficient to meet
the need for such powers; and
(C) adequate internal safeguards and
management procedures exist to ensure proper
exercise of such powers.
(3) Exemptions from requirement of initial
determination of eligibility.--The Inspector General
offices of the Department of Commerce, Department of
Education, Department of Energy, Department of Health
and Human Services, Department of Homeland Security,
Department of Housing and Urban Development, Department
of the Interior, Department of Justice, Department of
Labor, Department of State, Department of
Transportation, Department of the Treasury, Department
of Veterans' Affairs, Agency for International
Development, Environmental Protection Agency, Federal
Deposit Insurance Corporation, Federal Emergency
Management Agency, General Services Administration,
National Aeronautics and Space Administration, Nuclear
Regulatory Commission, Office of Personnel Management,
Railroad Retirement Board, Small Business
Administration, Social Security Administration, and the
Tennessee Valley Authority are exempt from the
requirement of paragraph (2) for an initial
determination of eligibility by the Attorney General.
(4) Guidelines.--The Attorney General shall
promulgate, and revise as appropriate, guidelines which
shall govern the exercise of the law enforcement powers
established under paragraph (1).
(5) Rescinding or suspending powers.--
(A) Powers authorized for an office of
inspector general.--Powers authorized for an
Office of Inspector General under paragraph (1)
may be rescinded or suspended upon a
determination by the Attorney General that any
of the requirements under paragraph (2) is no
longer satisfied or that the exercise of
authorized powers by that Office of Inspector
General has not complied with the guidelines
promulgated by the Attorney General under
paragraph (4).
(B) Powers authorized to be exercised by an
individual.--Powers authorized to be exercised
by any individual under paragraph (1) may be
rescinded or suspended with respect to that
individual upon a determination by the Attorney
General that such individual has not complied
with guidelines promulgated by the Attorney
General under paragraph (4).
(6) Not reviewable.--A determination by the Attorney
General under paragraph (2) or (5) shall not be
reviewable in or by any court.
(7) Memorandum of understanding.--To ensure the
proper exercise of the law enforcement powers
authorized by this subsection, the Offices of Inspector
General described under paragraph (3) shall, not later
than 180 days after November 25, 2002, collectively
enter into a memorandum of understanding to establish
an external review process for ensuring that adequate
internal safeguards and management procedures continue
to exist within each Office and within any Office that
later receives an authorization under paragraph (2).
The review process shall be established in consultation
with the Attorney General, who shall be provided with a
copy of the memorandum of understanding that
establishes the review process. Under the review
process, the exercise of the law enforcement powers by
each Office of Inspector General shall be reviewed
periodically by another Office of Inspector General or
by a committee of Inspectors General. The results of
each review shall be communicated in writing to the
applicable Inspector General and to the Attorney
General.
(8) Not a limitation on other law enforcement
powers.--No provision of this subsection shall limit
the exercise of law enforcement powers established
under any other statutory authority, including United
States Marshals Service special deputation.
(9) Definition of inspector general.--In this
subsection, the term ``Inspector General'' means an
Inspector General appointed under section 403 of this
title or an Inspector General appointed under section
415 of this title.
(g) Budgets.--
(1) Inspector general's budget estimate and request
transmitted to head of establishment or designated
federal entity.--For each fiscal year, an Inspector
General shall transmit a budget estimate and request to
the head of the establishment or designated Federal
entity to which the Inspector General reports. The
budget request shall specify the aggregate amount of
funds requested for such fiscal year for the operations
of that Inspector General and shall specify the amount
requested for all training needs, including a
certification from the Inspector General that the
amount requested satisfies all training requirements
for the Inspector General's office for that fiscal
year, and any resources necessary to support the
Council of the Inspectors General on Integrity and
Efficiency. Resources necessary to support the Council
of the Inspectors General on Integrity and Efficiency
shall be specifically identified and justified in the
budget request.
(2) Head of establishment or designated federal
entity's proposed budget transmitted to president.--In
transmitting a proposed budget to the President for
approval, the head of each establishment or designated
Federal entity shall include--
(A) an aggregate request for the Inspector
General;
(B) amounts for Inspector General training;
(C) amounts for support of the Council of the
Inspectors General on Integrity and Efficiency;
and
(D) any comments of the affected Inspector
General with respect to the proposal.
(3) President's budget submitted to congress.--The
President shall include in each budget of the United
States Government submitted to Congress--
(A) a separate statement of the budget
estimate prepared in accordance with paragraph
(1);
(B) the amount requested by the President for
each Inspector General;
(C) the amount requested by the President for
training of Inspectors General;
(D) the amount requested by the President for
support for the Council of the Inspectors
General on Integrity and Efficiency; and
(E) any comments of the affected Inspector
General with respect to the proposal if the
Inspector General concludes that the budget
submitted by the President would substantially
inhibit the Inspector General from performing
the duties of the office.
(h) Federal Grand Jury Materials.--
(1) notification of attorney general of request.--If
the Inspector General of an establishment submits a
request to the head of the establishment for Federal
grand jury materials pursuant to subsection (a)(1), the
head of the establishment shall immediately notify the
Attorney General of such request.
(2) Determination by attorney general.--Not later
than 15 days after the date on which a request is
submitted to the Attorney General under paragraph (1),
the Attorney General shall determine whether to grant
or deny the request for Federal grand jury materials
and shall immediately notify the head of the
establishment of such determination. The Attorney
General shall grant the request unless the Attorney
General determines that granting access to the Federal
grand jury materials would be likely to--
(A) interfere with an ongoing criminal
investigation or prosecution;
(B) interfere with an undercover operation;
(C) result in disclosure of the identity of a
confidential source, including a protected
witness;
(D) pose a serious threat to national
security; or
(E) result in significant impairment of the
trade or economic interests of the United
States.
(3) Comments.--
(A) Requirement to inform inspector general
of determination by attorney general.--The head
of the establishment shall inform the Inspector
General of the establishment of the
determination made by the Attorney General with
respect to the request for Federal grand jury
materials.
(B) Submission of comments by inspector
general.--The Inspector General of the
establishment described under subparagraph (A)
may submit comments on the determination
submitted pursuant to such subparagraph to the
committees listed under paragraph (4) that the
Inspector General considers appropriate.
(4) Statement of attorney general regarding denial of
request.--Not later than 30 days after notifying the
head of an establishment of a denial pursuant to
paragraph (2), the Attorney General shall submit a
statement that the request for Federal grand jury
materials by the Inspector General was denied and the
reason for the denial to each of the following:
(A) The Committee on Homeland Security and
Governmental Affairs, the Committee on the
Judiciary, and the Select Committee on
Intelligence of the Senate.
``(B) The Committee on Oversight and Reform,
the Committee on the Judiciary, and the
Permanent Select Committee on Intelligence of
the House of Representatives.
(C) Other appropriate committees and
subcommittees of Congress.
(i) Non-Applicability of Certain Provisions to Requests
From Inspector General of Department of Justice.--Subsections
(a)(1)(A) and (h) shall not apply to requests from the
Inspector General of the Department of Justice.
(j) Computerized Comparisons.--
(1) Definitions.--In this subsection, the terms
``agency'', ``matching program'', ``record'', and
``system of records'' have the meanings given those
terms in section 552a(a) of title 5.
(2) Non-consideration of computerized comparisons as
matching programs.--For purposes of section 552a of
title 5 or any other provision of law, a computerized
comparison of two or more automated Federal systems of
records, or a computerized comparison of a Federal
system of records with other records or non-Federal
records, performed by an Inspector General or by an
agency in coordination with an Inspector General in
conducting an audit, investigation, inspection,
evaluation, or other review authorized under this
chapter shall not be considered a matching program.
(3) Limitation.--Nothing in this subsection shall be
construed to impede the exercise by an Inspector
General of any matching program authority established
under any other provision of law.
(k) Non-Applicability of Federal Information Policy.--
Subchapter I of chapter 35 of title 44 shall not apply to the
collection of information during the conduct of an audit,
investigation, inspection, evaluation, or other review
conducted by the Council of the Inspectors General on Integrity
and Efficiency or any Office of Inspector General, including
any Office of Special Inspector General.
Sec. 407. Complaints by employees
(a) Receipt and Investigation.--The Inspector General may
receive and investigate complaints or information from an
employee of the establishment concerning the possible existence
of an activity constituting a violation of law, rules, or
regulations, or mismanagement, gross waste of funds, abuse of
authority, or a substantial and specific danger to the public
health and safety.
(b) Prohibition on Disclosure of Identity.--The Inspector
General shall not, after receipt of a complaint or information
from an employee, disclose the identity of the employee without
the consent of the employee, unless the Inspector General
determines the disclosure is unavoidable during the course of
the investigation.
(c) Prohibition on Reprisal.--Any employee who has
authority to take, direct others to take, recommend, or approve
any personnel action, shall not, with respect to that
authority, take or threaten to take any action against any
employee as a reprisal for making a complaint or disclosing
information to an Inspector General, unless the complaint was
made or the information disclosed with the knowledge that it
was false or with willful disregard for its truth or falsity.
Sec. 408. Additional Provisions With Respect to the Inspector General
of the Department of Defense
(a) Inspector General.--A member of the Armed Forces,
active or reserve, shall not be appointed Inspector General of
the Department of Defense.
(b) Authority of Secretary of Defense.--
(1) In general.--Notwithstanding the last two
sentences of section 403(a) of this title, the
Inspector General shall be under the authority,
direction, and control of the Secretary of Defense with
respect to audits or investigations, or the issuance of
subpoenas, which require access to information
concerning--
(A) sensitive operational plans;
(B) intelligence matters;
(C) counterintelligence matters;
(D) ongoing criminal investigations by other
administrative units of the Department of
Defense related to national security; or
(E) other matters the disclosure of which
would constitute a serious threat to national
security.
(2) Authority to prohibit audit or investigation.--
With respect to the information described in paragraph
(1), the Secretary of Defense may prohibit the
Inspector General from initiating, carrying out, or
completing any audit or investigation, from accessing
information described in paragraph (1), or from issuing
any subpoena, after the Inspector General has decided
to initiate, carry out, or complete such audit or
investigation, access such information, or to issue
such subpoena, if the Secretary determines that such
prohibition is necessary to preserve the national
security interests of the United States.
(3) Statement concerning exercise of power.--If the
Secretary of Defense exercises any power under
paragraph (1) or (2), the Inspector General shall
submit a statement concerning that exercise of power
within 30 days to the Committee on Armed Services and
the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Armed
Services and the Committee on Oversight and Reform of
the House of Representatives and to other appropriate
committees or subcommittees of the Congress.
(4) Statement of reasons for exercise of power.--The
Secretary shall, within 30 days after submission of a
statement under paragraph (3), transmit a statement of
the reasons for the exercise of power under paragraph
(1) or (2) to the congressional committees specified in
paragraph (3) and to other appropriate committees or
subcommittees.
(c) Additional Duties and Responsibilities.--In addition to
the other duties and responsibilities specified in this
chapter, the Inspector General of the Department of Defense
shall--
(1) be the principal adviser to the Secretary of
Defense for matters relating to the prevention and
detection of fraud, waste, and abuse in the programs
and operations of the Department;
(2) initiate, conduct, and supervise such audits and
investigations in the Department of Defense (including
the military departments) as the Inspector General
considers appropriate;
(3) provide policy direction for audits and
investigations relating to fraud, waste, and abuse and
program effectiveness;
(4) investigate fraud, waste, and abuse uncovered as
a result of other contract and internal audits, as the
Inspector General considers appropriate;
(5) develop policy, monitor and evaluate program
performance, and provide guidance with respect to all
Department activities relating to criminal
investigation programs;
(6) monitor and evaluate the adherence of Department
auditors to internal audit, contract audit, and
internal review principles, policies, and procedures;
(7) develop policy, evaluate program performance, and
monitor actions taken by all components of the
Department in response to contract audits, internal
audits, internal review reports, and audits conducted
by the Comptroller General of the United States;
(8) request assistance as needed from other audit,
inspection, and investigative units of the Department
of Defense (including military departments);
(9) give particular regard to the activities of the
internal audit, inspection, and investigative units of
the military departments with a view toward avoiding
duplication and ensuring effective coordination and
cooperation; and
(10) conduct, or approve arrangements for the conduct
of, external peer reviews of Department of Defense
audit agencies in accordance with, and in such
frequency as provided by, Government auditing standards
as established by the Comptroller General of the United
States.
(d) Reporting Violations of Chapter 47 of Title 10.--
Notwithstanding section 404(d) of this title, the Inspector
General of the Department of Defense shall expeditiously report
suspected or alleged violations of chapter 47 of title 10
(Uniform Code of Military Justice), to the Secretary of the
military department concerned or the Secretary of Defense.
(e) Member of Armed Forces Deemed To Be Employee.--For the
purposes of section 407 of this title, a member of the Armed
Forces shall be deemed to be an employee of the Department of
Defense, except that, when the Coast Guard operates as a
service of another department or agency of the Federal
Government, a member of the Coast Guard shall be deemed to be
an employee of that department or agency.
(f) Reports.--
(1) Reports transmitted to congressional
committees.--Each semiannual report prepared by the
Inspector General of the Department of Defense under
section 405(b) of this title shall be transmitted by
the Secretary of Defense to the Committees on Armed
Services and on Homeland Security and Governmental
Affairs of the Senate and the Committees on Armed
Services and on Oversight and Reform of the House of
Representatives and to other appropriate committees or
subcommittees of Congress. Each report shall include--
(A) information concerning the numbers and
types of contract audits conducted by the
Department during the reporting period; and
(B) information concerning any Department of
Defense audit agency that, during the reporting
period, has either received a failed opinion
from an external peer review or is overdue for
an external peer review required to be
conducted in accordance with subsection
(c)(10).
(2) Additional reports transmitted to congressional
committees.--Any report required to be transmitted by
the Secretary of Defense to the appropriate committees
or subcommittees of the Congress under section 405(e)
of this title shall also be transmitted, within the 7-
day period specified in section 405(e) of this title,
to the congressional committees specified in paragraph
(1).
(g) Non-Applicability of Section 1385 of Title 18.--The
provisions of section 1385 of title 18, shall not apply to
audits and investigations conducted by, under the direction of,
or at the request of the Inspector General of the Department of
Defense to carry out the purposes of this chapter.
(h) General Counsel to Inspector General of Department of
Defense.--
(1) In general.--There is a General Counsel to the
Inspector General of the Department of Defense, who
shall be appointed by the Inspector General of the
Department of Defense.
(2) Duties and functions.--
(A) Notwithstanding section 140(b) of title
10, the General Counsel is the chief legal
officer of the Office of the Inspector General.
(B) The Inspector General is the exclusive
legal client of the General Counsel.
(C) The General Counsel shall perform such
functions as the Inspector General may
prescribe.
(D) The General Counsel shall serve at the
discretion of the Inspector General.
(3) Office of general counsel.--There is an Office of
the General Counsel to the Inspector General of the
Department of Defense. The Inspector General may
appoint to the Office to serve as staff of the General
Counsel such legal counsel as the Inspector General
considers appropriate.
(i) Authority To Require Attendance and Testimony of
Witnesses.--
(1) Subpoena.--The Inspector General of the
Department of Defense is authorized to require by
subpoena the attendance and testimony of witnesses as
necessary in the performance of functions assigned to
the Inspector General by this chapter, except that the
Inspector General shall use procedures other than
subpoenas to obtain attendance and testimony from
Federal employees.
(2) Enforcement.--A subpoena issued under this
subsection, in the case of contumacy or refusal to
obey, shall be enforceable by order of any appropriate
United States district court.
(3) Notification.--The Inspector General shall notify
the Attorney General 7 days before issuing any subpoena
under this section.
Sec. 409. Special Provisions Concerning the Agency for International
Development
(a) Definition of Agency for International Development.--As
used in this chapter, the term ``Agency for International
Development'' includes any successor agency primarily
responsible for administering part I of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.).
(b) Members of Foreign Service.--In addition to the
officers and employees provided for in section 406(a)(7) of
this title, members of the Foreign Service may, at the request
of the Inspector General of the Agency for International
Development, be assigned as employees of the Inspector General.
Members of the Foreign Service so assigned shall be responsible
solely to the Inspector General, and the Inspector General (or
the Inspector General's designee) shall prepare the performance
evaluation reports for the members assigned as employees of the
Inspector General.
(c) Field Offices.--In establishing and staffing field
offices pursuant to section 406(d) of this title, the
Administrator of the Agency for International Development shall
not be bound by overseas personnel ceilings.
(d) Additional Officer.--The Inspector General of the
Agency for International Development shall be in addition to
the officers provided for in section 624(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2384(a)).
Sec. 410. Special Provisions Concerning the Nuclear Regulatory
Commission
(a) Delegation.--The Chairman of the Commission may
delegate the authority specified in the 2d sentence of section
403(a) of this title to another member of the Nuclear
Regulatory Commission, but shall not delegate such authority to
any other officer or employee of the Commission.
(b) Personnel.--Notwithstanding paragraphs (7) and (8) of
section 406(a) of this title, the Inspector General of the
Nuclear Regulatory Commission is authorized to select, appoint,
and employ such officers and employees as may be necessary for
carrying out the functions, powers, and duties of the Office of
Inspector General and to obtain the temporary or intermittent
services of experts or consultants or an organization of
experts or consultants, subject to the applicable laws and
regulations that govern such selections, appointments, and
employment, and the obtaining of such services, within the
Nuclear Regulatory Commission.
Sec. 411. Special Provisions Concerning the Federal Deposit Insurance
Corporation
(a) Delegation.--The Chairperson of the Federal Deposit
Insurance Corporation may delegate the authority specified in
the 2d sentence of section 403(a) of this title to the Vice
Chairperson of the Board of Directors of the Federal Deposit
Insurance Corporation, but may not delegate such authority to
any other officer or employee of the Corporation.
(b) Personnel.--Notwithstanding paragraphs (7) and (8) of
section 406(a) of this title, the Inspector General of the
Federal Deposit Insurance Corporation may select, appoint, and
employ such officers and employees as may be necessary for
carrying out the functions, powers, and duties of the Office of
Inspector General and may obtain the temporary or intermittent
services of experts or consultants or an organization of
experts or consultants, subject to the applicable laws and
regulations that govern such selections, appointments, and
employment, and the obtaining of such services, within the
Federal Deposit Insurance Corporation.
Sec. 412. Special Provisions Concerning the Department of the Treasury
(a) In General.--
(1) Authority of secretary of treasury over certain
audits and investigations.--Notwithstanding the 2d
sentence and last sentence of section 403(a) of this
title, the Inspector General of the Department of the
Treasury shall be under the authority, direction, and
control of the Secretary of the Treasury with respect
to audits or investigations, or the issuance of
subpoenas, which require access to sensitive
information concerning--
(A) ongoing criminal investigations or
proceedings;
(B) undercover operations;
(C) the identity of confidential sources,
including protected witnesses;
(D) deliberations and decisions on policy
matters, including documented information used
as a basis for making policy decisions, the
disclosure of which could reasonably be
expected to have a significant influence on the
economy or market behavior;
(E) intelligence or counterintelligence
matters; or
(F) other matters the disclosure of which
would constitute a serious threat to national
security or to the protection of any person or
property authorized protection by section 3056
of title 18, section 3056A of title 18, or any
provision of the Presidential Protection
Assistance Act of 1976 (Public Law 94--524, 18
U.S.C. 3056 note).
(2) Authority of secretary of treasury to prohibit
carrying out or completing certain audits and
investigations.--With respect to the information
described under paragraph (1), the Secretary of the
Treasury may prohibit the Inspector General of the
Department of the Treasury from carrying out or
completing any audit or investigation, from accessing
information described in paragraph (1), or from issuing
any subpoena, after such Inspector General has decided
to initiate, carry out, or complete such audit or
investigation, access such information, or to issue
such subpoena, if the Secretary determines that such
prohibition is necessary to prevent the disclosure of
any information described under paragraph (1) or to
prevent significant impairment to the national
interests of the United States.
(3) Notification and statement of reasons for
exercise of power.--If the Secretary of the Treasury
exercises any power under paragraph (1) or (2), the
Secretary of the Treasury shall notify the Inspector
General of the Department of the Treasury in writing,
stating the reasons for such exercise. Within 30 days
after receipt of any such notice, the Inspector General
of the Department of the Treasury shall transmit a copy
of such notice to the Committee on Homeland Security
and Governmental Affairs and the Committee on Finance
of the Senate and the Committee on Oversight and Reform
and the Committee on Ways and Means of the House of
Representatives, and to other appropriate committees or
subcommittees of the Congress.
(4) Exception relating to treasury inspector general
for tax administration.--The Secretary of the Treasury
may not exercise any power under paragraph (1) or (2)
with respect to the Treasury Inspector General for Tax
Administration.
(b) Oversight Responsibility for Internal Investigations.--
(1) In general.--In carrying out the duties and
responsibilities specified in this chapter, the
Inspector General of the Department of the Treasury
shall have oversight responsibility for the internal
investigations performed by the Office of Internal
Affairs of the Tax and Trade Bureau. The head of such
office shall promptly report to the Inspector General
of the Department of the Treasury the significant
activities being carried out by such office.
(2) Exercise of duties and responsibilities.--The
Inspector General of the Department of the Treasury
shall exercise all duties and responsibilities of an
Inspector General for the Department of the Treasury
other than the duties and responsibilities exercised by
the Treasury Inspector General for Tax Administration.
(3) Establishment of procedures.--The Secretary of
the Treasury shall establish procedures under which the
Inspector General of the Department of the Treasury and
the Treasury Inspector General for Tax Administration
will--
(A) determine how audits and investigations
are allocated in cases of overlapping
jurisdiction; and
(B) provide for coordination, cooperation,
and efficiency in the conduct of such audits
and investigations.
(c) Audits and Investigations in Department of Treasury.--
Notwithstanding subsection (b), the Inspector General of the
Department of the Treasury may initiate, conduct and supervise
such audits and investigations in the Department of the
Treasury (including the bureau referred to in subsection (b))
as the Inspector General of the Department of the Treasury
considers appropriate.
(d) Authority To Provide Written Notice to Tax and Trade
Bureau.--If the Inspector General of the Department of the
Treasury initiates an audit or investigation under subsection
(c) concerning the bureau referred to in subsection (b), the
Inspector General of the Department of the Treasury may provide
the head of the office of such bureau referred to in subsection
(b) with written notice that the Inspector General of the
Department of the Treasury has initiated such an audit or
investigation. If the Inspector General of the Department of
the Treasury issues a notice under the preceding sentence, no
other audit or investigation shall be initiated into the matter
under audit or investigation by the Inspector General of the
Department of the Treasury, and any other audit or
investigation of such matter shall cease.
(e) Treasury Inspector General for Tax Administration.--
(1) Access to returns and return information.--The
Treasury Inspector General for Tax Administration shall
have access to returns and return information, as
defined in section 6103(b) of the Internal Revenue Code
of 1986 (26 U.S.C. 6103(b)), only in accordance with
the provisions of section 6103 of the Internal Revenue
Code of 1986 (26 U.S.C. 6103) and this chapter.
(2) Standardized records and accountings.--The
Internal Revenue Service shall maintain the same system
of standardized records or accountings of all requests
from the Treasury Inspector General for Tax
Administration for inspection or disclosure of returns
and return information (including the reasons for and
dates of such requests), and of returns and return
information inspected or disclosed pursuant to such
requests, as described under section 6103(p)(3)(A) of
the Internal Revenue Code of 1986 (26 U.S.C.
6103(p)(3)(A)). Such system of standardized records or
accountings shall also be available for examination in
the same manner as provided under section 6103(p)(3) of
the Internal Revenue Code of 1986 (26 U.S.C.
6103(p)(3)).
(3) Safeguards and conditions.--The Treasury
Inspector General for Tax Administration shall be
subject to the same safeguards and conditions for
receiving returns and return information as are
described under section 6103(p)(4) of the Internal
Revenue Code of 1986 (26 U.S.C. 6103(p)(4)).
(f) Audit or Investigation Shall Not Affect Final Decision
Under Section 6406 of Internal Revenue Code of 1986.--An audit
or investigation conducted by the Inspector General of the
Department of the Treasury or the Treasury Inspector General
for Tax Administration shall not affect a final decision of the
Secretary of the Treasury or the Secretary's delegate under
section 6406 of the Internal Revenue Code of 1986 (26 U.S.C.
6406).
(g) Reports.--
(1) Reports to congressional committees.--Any report
required to be transmitted by the Secretary of the
Treasury to the appropriate committees or subcommittees
of the Congress under section 405(e) of this title
shall also be transmitted, within the 7-day period
specified under such section, to the Committee on
Homeland Security and Governmental Affairs and the
Committee on Finance of the Senate and the Committee on
Oversight and Reform and the Committee on Ways and
Means of the House of Representatives.
(2) Reports made by treasury inspector general for
tax administration to congressional committees.--Any
report made by the Treasury Inspector General for Tax
Administration that is required to be transmitted by
the Secretary of the Treasury to the appropriate
committees or subcommittees of Congress under section
405(e) of this title shall also be transmitted, within
the 7-day period specified under such subsection, to
the Internal Revenue Service Oversight Board and the
Commissioner of Internal Revenue.
(h) Duties and Responsibilities of Treasury Inspector
General for Tax Administration.--The Treasury Inspector General
for Tax Administration shall exercise all duties and
responsibilities of an Inspector General of an establishment
with respect to the Department of the Treasury and the
Secretary of the Treasury on all matters relating to the
Internal Revenue Service. The Treasury Inspector General for
Tax Administration shall have sole authority under this chapter
to conduct an audit or investigation of the Internal Revenue
Service Oversight Board and the Chief Counsel for the Internal
Revenue Service.
(i) Ability To Lead Large and Complex Organization.--In
addition to the requirements of the 1st sentence of section
403(a) of this title, the Treasury Inspector General for Tax
Administration should have demonstrated ability to lead a large
and complex organization.
(j) Prohibition on Appointment of Employee of Internal
Revenue Service to Certain Positions.--An individual appointed
to the position of Treasury Inspector General for Tax
Administration, the Assistant Inspector General for Auditing of
the Office of the Treasury Inspector General for Tax
Administration under section 403(d)(1)(B)(i) of this title (or,
effective November 27, 2017, section 403(d)(2)(B)(i) of this
title), the Assistant Inspector General for Investigations of
the Office of the Treasury Inspector General for Tax
Administration under section 403(d)(1)(B)(ii) of this title
(or, effective November 27, 2017, section 403(d)(2)(B)(ii) of
this title), or any position of Deputy Inspector General of the
Office of the Treasury Inspector General for Tax Administration
may not be an employee of the Internal Revenue Service--
(1) during the 2-year period preceding the date of
appointment to such position; or
(2) during the 5-year period following the date such
individual ends service in such position.
(k) Additional Duties and Responsibilities.--
(1) In general.--In addition to the duties and
responsibilities exercised by an inspector general of
an establishment, the Treasury Inspector General for
Tax Administration--
(A) shall have the duty to enforce criminal
provisions under section 7608(b) of the
Internal Revenue Code of 1986 (26 U.S.C.
7608(b));
(B) in addition to the functions authorized
under section 7608(b)(2) of the Internal
Revenue Code of 1986 (26 U.S.C. 7608(b)(2)),
may carry firearms;
(C) shall be responsible for protecting the
Internal Revenue Service against external
attempts to corrupt or threaten employees of
the Internal Revenue Service, but shall not be
responsible for the conducting of background
checks and the providing of protection to the
Commissioner of Internal Revenue; and
(D) may designate any employee in the Office
of the Treasury Inspector General for Tax
Administration to enforce such laws and perform
such functions referred to under subparagraphs
(A), (B), and (C).
(2) Reporting violations.--
(A) Reporting reasonable grounds to believe a
violation of federal criminal law occurred.--In
performing a law enforcement function under
paragraph (1), the Treasury Inspector General
for Tax Administration shall report any
reasonable grounds to believe there has been a
violation of Federal criminal law to the
Attorney General at an appropriate time as
determined by the Treasury Inspector General
for Tax Administration, notwithstanding section
404(d) of this title.
(B) Reporting problems, abuses, or
deficiencies.--In the administration of section
405(e) of this title and subsection (g)(2) of
this section, the Secretary of the Treasury may
transmit the required report with respect to
the Treasury Inspector General for Tax
Administration at an appropriate time as
determined by the Secretary, if the problem,
abuse, or deficiency relates to--
(i) the performance of a law
enforcement function under paragraph
(1); and
(ii) sensitive information concerning
matters under subsection (a)(1)(A)
through (F).
(3) Limitation.--Nothing in this subsection shall be
construed to affect the authority of any other person
to carry out or enforce any provision specified in
paragraph (1).
(l) Request for Audit or Investigation Relating to Internal
Revenue Service.--
(1) In general.--The Commissioner of Internal Revenue
or the Internal Revenue Service Oversight Board may
request, in writing, the Treasury Inspector General for
Tax Administration to conduct an audit or investigation
relating to the Internal Revenue Service. If the
Treasury Inspector General for Tax Administration
determines not to conduct such audit or investigation,
the Inspector General shall timely provide a written
explanation for such determination to the person making
the request.
(2) Reports.--
(A) Final report of audit.--Any final report
of an audit conducted by the Treasury Inspector
General for Tax Administration shall be timely
submitted by the Inspector General to the
Commissioner of Internal Revenue and the
Internal Revenue Service Oversight Board.
(B) Periodic list of investigations for which
final report completed.--The Treasury Inspector
General for Tax Administration shall
periodically submit to the Commissioner and
Board a list of investigations for which a
final report has been completed by the
Inspector General and shall provide a copy of
any such report upon request of the
Commissioner or Board.
(C) Applicability.--This paragraph applies
regardless of whether the applicable audit or
investigation is requested under paragraph (1).
Sec. 413. Special Provisions Concerning the Department of Justice
(a) In General.--
(1) Authority of attorney general over certain audits
and investigations.--Notwithstanding the 2d sentence
and last sentence of section 403(a) of this title, the
Inspector General shall be under the authority,
direction, and control of the Attorney General with
respect to audits or investigations, or the issuance of
subpoenas, which require access to sensitive
information concerning--
(A) ongoing civil or criminal investigations
or proceedings;
(B) undercover operations;
(C) the identity of confidential sources,
including protected witnesses;
(D) intelligence or counterintelligence
matters; or
(E) other matters the disclosure of which
would constitute a serious threat to national
security.
(2) Authority of attorney general to prohibit
carrying out or completing certain audits and
investigations.--With respect to the information
described under paragraph (1), the Attorney General may
prohibit the Inspector General from carrying out or
completing any audit or investigation, from accessing
information described in paragraph (1), or from issuing
any subpoena, after such Inspector General has decided
to initiate, carry out, or complete such audit or
investigation, access such information, or to issue
such subpoena, if the Attorney General determines that
such prohibition is necessary to prevent the disclosure
of any information described under paragraph (1) or to
prevent significant impairment to the national
interests of the United States.
(3) Notification and statement of reasons for
exercise of power.--If the Attorney General exercises
any power under paragraph (1) or (2), the Attorney
General shall notify the Inspector General in writing,
stating the reasons for such exercise. Within 30 days
after receipt of any such notice, the Inspector General
shall transmit a copy of such notice to the Committee
on Homeland Security and Governmental Affairs and the
Committee on the Judiciary of the Senate and the
Committee on Oversight and Reform and the Committee on
the Judiciary of the House of Representatives, and to
other appropriate committees or subcommittees of the
Congress.
(b) Carrying Out Duties and Responsibilities.--In carrying
out the duties and responsibilities specified in this chapter,
the Inspector General of the Department of Justice--
(1) may initiate, conduct and supervise such audits
and investigations in the Department of Justice as the
Inspector General considers appropriate;
(2) except as specified in subsection (a) and
paragraph (3), may investigate allegations of criminal
wrongdoing or administrative misconduct by an employee
of the Department of Justice, or may, in the discretion
of the Inspector General, refer such allegations to the
Office of Professional Responsibility or the internal
affairs office of the appropriate component of the
Department of Justice;
(3) shall refer to the Counsel, Office of
Professional Responsibility of the Department of
Justice, allegations of misconduct involving Department
attorneys, investigators, or law enforcement personnel,
where the allegations relate to the exercise of the
authority of an attorney to investigate, litigate, or
provide legal advice, except that no such referral
shall be made if the attorney is employed in the Office
of Professional Responsibility;
(4) may investigate allegations of criminal
wrongdoing or administrative misconduct by a person who
is the head of any agency or component of the
Department of Justice; and
(5) shall forward the results of any investigation
conducted under paragraph (4), along with any
appropriate recommendation for disciplinary action, to
the Attorney General.
(c) Reports.--Any report required to be transmitted by the
Attorney General to the appropriate committees or subcommittees
of the Congress under section 405(e) of this title shall also
be transmitted, within the 7-day period specified under that
section, to the Committee on the Judiciary and the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on the Judiciary and the Committee on Oversight
and Reform of the House of Representatives.
(d) Regulation To Ensure Reporting of Certain Allegations
to Inspector General.--The Attorney General shall ensure by
regulation that any component of the Department of Justice
receiving a nonfrivolous allegation of criminal wrongdoing or
administrative misconduct by an employee of the Department of
Justice, except with respect to allegations described in
subsection (b)(3), shall report that information to the
Inspector General.
Sec. 414. Special Provisions Concerning the Corporation for National
and Community Service
(a) Personnel.--Notwithstanding the provisions of
paragraphs (7) and (8) of section 406(a) of this title, it is
within the exclusive jurisdiction of the Inspector General of
the Corporation for National and Community Service to--
(1) appoint and determine the compensation of such
officers and employees in accordance with section
195(b) of the National and Community Service Act of
1990 (42 U.S.C. 12651f(b)); and
(2) procure the temporary and intermittent services
of and compensate such experts and consultants, in
accordance with section 3109(b) of this title,
as may be necessary to carry out the functions, powers, and
duties of the Inspector General.
(b) Reports to Board of Directors.--Not later than the date
on which the Chief Executive Officer of the Corporation for
National and Community Service transmits any report to the
Congress under subsection (b) or (c) of section 405 of this
title, the Chief Executive Officer shall transmit such report
to the Board of Directors of such Corporation.
(c) Review of Audit Reports by Board of Directors.--Not
later than the date on which the Chief Executive Officer of the
Corporation for National and Community Service transmits a
report described under section 405(c) of this title to the
Board of Directors as provided under subsection (b) of this
section, the Chief Executive Officer shall also transmit any
audit report which is described in the statement required under
section 405(c)(4) to the Board of Directors. All such audit
reports shall be placed on the agenda for review at the next
scheduled meeting of the Board of Directors following such
transmittal. The Chief Executive Officer of the Corporation
shall be present at such meeting to provide any information
relating to such audit reports.
(d) Report of Problem, Abuse, or Deficiency to Board of
Directors.--Not later than the date on which the Inspector
General of the Corporation for National and Community Service
reports a problem, abuse, or deficiency under section 405(e) of
this title to the Chief Executive Officer of the Corporation,
the Chief Executive Officer shall report such problem, abuse,
or deficiency to the Board of Directors.
Sec. 415. Requirements for Federal Entities and Designated Federal
Entities
(a) Definitions.--Notwithstanding section 401 of this
title, in this section:
(1) Designated federal entity.--
(A) In general.--The term ``designated
Federal entity'' means Amtrak, the Appalachian
Regional Commission, the Board of Governors of
the Federal Reserve System and the Bureau of
Consumer Financial Protection, the Committee
for Purchase From People Who Are Blind or
Severely Disabled, the Commodity Futures
Trading Commission, the Consumer Product Safety
Commission, the Corporation for Public
Broadcasting, the Defense Intelligence Agency,
the Denali Commission, the Equal Employment
Opportunity Commission, the Farm Credit
Administration, the Federal Election
Commission, the Election Assistance Commission,
the Federal Labor Relations Authority, the
Federal Maritime Commission, the Federal Trade
Commission, the Legal Services Corporation, the
National Archives and Records Administration,
the National Credit Union Administration, the
National Endowment for the Arts, the National
Endowment for the Humanities, the National
Geospatial-Intelligence Agency, the National
Labor Relations Board, the National Science
Foundation, the Peace Corps, the Pension
Benefit Guaranty Corporation, the Securities
and Exchange Commission, the Smithsonian
Institution, the United States International
Development Finance Corporation, the United
States International Trade Commission, the
Postal Regulatory Commission, and the United
States Postal Service.
(B) Amtrak.--Effective at the beginning of
the first fiscal year after a fiscal year for
which Amtrak receives no Federal subsidy,
subparagraph (A) is amended by striking
``Amtrak,''.
(2) Federal entity.--The term ``Federal entity''
means any Government corporation (within the meaning of
section 103(1) of this title), any Government
controlled corporation (within the meaning of section
103(2) of this title), or any other entity in the
executive branch of the Government, or any independent
regulatory agency, but does not include--
(A) an establishment (as defined under
section 401 of this title) or part of an
establishment;
(B) a designated Federal entity (as defined
under paragraph (1) of this subsection) or part
of a designated Federal entity;
(C) the Executive Office of the President;
(D) the Central Intelligence Agency;
(E) the Government Accountability Office; or
(F) any entity in the judicial or legislative
branches of the Government, including the
Administrative Office of the United States
Courts and the Architect of the Capitol and any
activities under the direction of the Architect
of the Capitol.
(3) Head of the designated federal entity.--The term
``head of the designated Federal entity'' means the
board or commission of the designated Federal entity,
or in the event the designated Federal entity does not
have a board or commission, any person or persons
designated by statute as the head of a designated
Federal entity and if no such designation exists, the
chief policymaking officer or board of a designated
Federal entity as identified in the list published
pursuant to subsection (h)(1) of this section, except
that--
(A) with respect to the National Science
Foundation, such term means the National
Science Board;
(B) with respect to the United States Postal
Service, such term means the Governors (within
the meaning of section 102(3) of title 39);
(C) with respect to the Federal Labor
Relations Authority, such term means the
members of the Authority (described under
section 7104 of this title);
(D) with respect to the Committee for
Purchase From People Who Are Blind or Severely
Disabled, such term means the Chairman of the
Committee for Purchase From People Who Are
Blind or Severely Disabled;
(E) with respect to the National Archives and
Records Administration, such term means the
Archivist of the United States;
(F) with respect to the National Credit Union
Administration, such term means the National
Credit Union Administration Board (described
under section 102 of the Federal Credit Union
Act (12 U.S.C. 1752a));
(G) with respect to the National Endowment of
the Arts, such term means the National Council
on the Arts;
(H) with respect to the National Endowment
for the Humanities, such term means the
National Council on the Humanities;
(I) with respect to the Peace Corps, such
term means the Director of the Peace Corps; and
(J) with respect to the United States
International Development Finance Corporation,
such term means the Board of Directors of the
United States International Development Finance
Corporation.
(4) Head of the federal entity.--The term ``head of
the Federal entity'' means any person or persons
designated by statute as the head of a Federal entity,
and if no such designation exists, the chief
policymaking officer or board of a Federal entity as
identified in the list published pursuant to subsection
(h)(1) of this section.
(5) Inspector general.--The term ``Inspector
General'' means an Inspector General of a designated
Federal entity.
(6) Office of inspector general.--The term ``Office
of Inspector General'' means an Office of Inspector
General of a designated Federal entity.
(b) Office of Inspector General in Each Designated Federal
Entity.--Not later than 180 days after October 18, 1988, there
shall be established and maintained in each designated Federal
entity an Office of Inspector General. The head of the
designated Federal entity shall transfer to such office the
offices, units, or other components, and the functions, powers,
or duties thereof, that such head determines are properly
related to the functions of the Office of Inspector General and
would, if so transferred, further the purposes of this section.
There shall not be transferred to such office any program
operating responsibilities.
(c) Appointment of Inspector General.--Except as provided
under subsection (f) of this section, the Inspector General
shall be appointed by the head of the designated Federal entity
in accordance with the applicable laws and regulations
governing appointments within the designated Federal entity.
Each Inspector General shall be appointed without regard to
political affiliation and solely on the basis of integrity and
demonstrated ability in accounting, auditing, financial
analysis, law, management analysis, public administration, or
investigations. For purposes of implementing this section, the
Chairman of the Board of Governors of the Federal Reserve
System shall appoint the Inspector General of the Board of
Governors of the Federal Reserve System and the Bureau of
Consumer Financial Protection. The Inspector General of the
Board of Governors of the Federal Reserve System and the Bureau
of Consumer Financial Protection shall have all of the
authorities and responsibilities provided by this Act with
respect to the Bureau of Consumer Financial Protection, as if
the Bureau were part of the Board of Governors of the Federal
Reserve System.
(d) Supervision.--
(1) In general.--Each Inspector General shall report
to and be under the general supervision of the head of
the designated Federal entity, but shall not report to,
or be subject to supervision by, any other officer or
employee of such designated Federal entity. Except as
provided in paragraph (2), the head of the designated
Federal entity shall not prevent or prohibit the
Inspector General from initiating, carrying out, or
completing any audit or investigation, or from issuing
any subpoena during the course of any audit or
investigation.
(2) Exception relating to intelligence community.--
(A) In general.--The Secretary of Defense, in
consultation with the Director of National
Intelligence, may prohibit the inspector
general of an element of the intelligence
community specified in subparagraph (D) from
initiating, carrying out, or completing any
audit or investigation, or from accessing
information available to an element of the
intelligence community specified in
subparagraph (D), if the Secretary determines
that the prohibition is necessary to protect
vital national security interests of the United
States.
(B) Statement of reasons for exercise of
authority.--If the Secretary exercises the
authority under subparagraph (A), the Secretary
shall submit to the committees of Congress
specified in subparagraph (E) an appropriately
classified statement of the reasons for the
exercise of such authority not later than 7
days after the exercise of such authority.
(C) Notification to inspector general.--At
the same time the Secretary submits under
subparagraph (B) a statement on the exercise of
the authority in subparagraph (A) to the
committees of Congress specified in
subparagraph (E), the Secretary shall notify
the inspector general of such element of the
submittal of such statement and, to the extent
consistent with the protection of intelligence
sources and methods, provide such inspector
general with a copy of such statement. Such
inspector general may submit to such committees
of Congress any comments on a notice or
statement received by the inspector general
under this subparagraph that the inspector
general considers appropriate.
(D) Elements of the intelligence community.--
The elements of the intelligence community
specified in this subparagraph are as follows:
(i) The Defense Intelligence Agency.
(ii) The National Geospatial-
Intelligence Agency.
(iii) The National Reconnaissance
Office.
(iv) The National Security Agency.
(E) Committees of congress.--The committees
of Congress specified in this subparagraph
are--
(i) the Committee on Armed Services
and the Select Committee on
Intelligence of the Senate; and
(ii) the Committee on Armed Services
and the Permanent Select Committee on
Intelligence of the House of
Representatives.
(e) Removal.--
(1) Board, chairman of committee, or commission is
head of designated federal entity.--In the case of a
designated Federal entity for which a board, chairman
of a committee, or commission is the head of the
designated Federal entity, a removal under this
subsection may only be made upon the written
concurrence of a \2/3\ majority of the board,
committee, or commission.
(2) Inspector general removed or transferred.--If an
Inspector General is removed from office or is
transferred to another position or location within a
designated Federal entity, the head of the designated
Federal entity shall communicate in writing the reasons
for any such removal or transfer to both Houses of
Congress, not later than 30 days before the removal or
transfer. Nothing in this subsection shall prohibit a
personnel action otherwise authorized by law, other
than transfer or removal.
(f) United States Postal Service.--
(1) Appointment.--For purposes of carrying out
subsection (b) with respect to the United States Postal
Service, the appointment provisions of section 202(e)
of title 39 shall be applied.
(2) Oversight responsibility of inspector general for
activities of postal inspection service.--In carrying
out the duties and responsibilities specified in this
chapter, the Inspector General of the United States
Postal Service (hereinafter in this subsection referred
to as the ``Inspector General'') shall have oversight
responsibility for all activities of the Postal
Inspection Service, including any internal
investigation performed by the Postal Inspection
Service. The Chief Postal Inspector shall promptly
report the significant activities being carried out by
the Postal Inspection Service to such Inspector
General.
(3) Audits and investigations.--
(A) Authority, direction, and control of
governors.--
(i) Access to sensitive
information.--Notwithstanding
subsection (d), the Inspector General
shall be under the authority,
direction, and control of the Governors
with respect to audits or
investigations, or the issuance of
subpoenas, which require access to
sensitive information concerning--
(I) ongoing civil or criminal
investigations or proceedings;
(II) undercover operations;
(III) the identity of
confidential sources, including
protected witnesses;
(IV) intelligence or
counterintelligence matters; or
(V) other matters the
disclosure of which would
constitute a serious threat to
national security.
(ii) Authority to prohibit inspector
general from carrying out or completing
audit or investigation.--With respect
to the information described under
clause (i), the Governors may prohibit
the Inspector General from carrying out
or completing any audit or
investigation, or from issuing any
subpoena, after such Inspector General
has decided to initiate, carry out, or
complete such audit or investigation or
to issue such subpoena, if the
Governors determine that such
prohibition is necessary to prevent the
disclosure of any information described
under clause (i) or to prevent
significant impairment to the national
interests of the United States.
(iii) Notification of reasons for
exercise of power.--If the Governors
exercise any power under clause (i) or
(ii), the Governors shall notify the
Inspector General in writing, stating
the reasons for such exercise. Within
30 days after receipt of any such
notice, the Inspector General shall
transmit a copy of such notice to the
Committee on Homeland Security and
Governmental Affairs of the Senate and
the Committee on Oversight and Reform
of the House of Representatives, and to
other appropriate committees or
subcommittees of the Congress.
(B) Initiating, conducting, and supervising
audits and investigations.--In carrying out the
duties and responsibilities specified in this
chapter, the Inspector General--
(i) may initiate, conduct, and
supervise such audits and
investigations in the United States
Postal Service as the Inspector General
considers appropriate; and
(ii) shall give particular regard to
the activities of the Postal Inspection
Service with a view toward avoiding
duplication and ensuring effective
coordination and cooperation.
(C) Reporting serious problems, abuses, or
deficiencies.-- Any report required to be
transmitted by the Governors to the appropriate
committees or subcommittees of the Congress
under section 405(e) of this title shall also
be transmitted, within the 7-day period
specified under such section, to the Committee
on Homeland Security and Governmental Affairs
of the Senate and the Committee on Oversight
and Reform of the House of Representatives.
(4) Limitation.--Nothing in this chapter shall
restrict, eliminate, or otherwise adversely affect any
of the rights, privileges, or benefits of either
employees of the United States Postal Service, or labor
organizations representing employees of the United
States Postal Service, under chapter 12 of title 39,
the National Labor Relations Act, any handbook or
manual affecting employee labor relations with the
United States Postal Service, or any collective
bargaining agreement.
(5) Definition of governors.--In this subsection, the
term ``Governors'' has the meaning given the term by
section 102(3) of title 39.
(6) Authorization of appropriations.--There are
authorized to be appropriated, out of the Postal
Service Fund, such sums as may be necessary for the
Office of Inspector General of the United States Postal
Service.
(g) Special Application.--
(1) Sections 404, 405, 406, and 407.--Sections 404,
405, 406 (other than paragraphs (7) and (8) of section
406(a)), and 407 of this title shall apply to each
Inspector General and Office of Inspector General of a
designated Federal entity, and such sections shall be
applied to each designated Federal entity and head of
the designated Federal entity (as defined under
subsection (a)) by substituting--
(A) ``designated Federal entity'' for
``establishment''; and
(B) ``head of the designated Federal entity''
for ``head of the establishment''.
(2) Personnel.--In addition to the other authorities
specified in this chapter, an Inspector General is
authorized to select, appoint, and employ such officers
and employees as may be necessary for carrying out the
functions, powers, and duties of the Office of
Inspector General and to obtain the temporary or
intermittent services of experts or consultants or an
organization of experts or consultants, subject to the
applicable laws and regulations that govern such
selections, appointments, and employment, and the
obtaining of such services, within the designated
Federal entity.
(3) Application of section 412(a).--Notwithstanding
the last sentence of subsection (d)(1) of this section,
the provisions of subsection (a) of section 412 of this
title (other than the provisions of subparagraphs (A),
(B), (C), and (E) of subsection (a)(1) of section 412
of this title) shall apply to the Inspector General of
the Board of Governors of the Federal Reserve System
and the Bureau of Consumer Financial Protection and the
Chairman of the Board of Governors of the Federal
Reserve System in the same manner as such provisions
apply to the Inspector General of the Department of the
Treasury and the Secretary of the Treasury,
respectively.
(4) Counsel.--Each Inspector General shall--
(A) in accordance with applicable laws and
regulations governing appointments within the
designated Federal entity, appoint a Counsel to
the Inspector General who shall report to the
Inspector General;
(B) obtain the services of a counsel
appointed by and directly reporting to another
Inspector General on a reimbursable basis; or
(C) obtain the services of appropriate staff
of the Council of the Inspectors General on
Integrity and Efficiency on a reimbursable
basis.
(h) Annual Listing and Report.--
(1) Listing.--Each year, the Director of the Office
of Management and Budget, after consultation with the
Comptroller General of the United States, shall publish
in the Federal Register a list of the Federal entities
and designated Federal entities and if the designated
Federal entity is not a board or commission, include
the head of each such entity (as defined under
subsection (a)).
(2) Report.--On October 31 of each year, the head of
each Federal entity (as defined under subsection (a))
shall prepare and transmit to the Director of the
Office of Management and Budget and to each House of
the Congress a report that--
(A) states whether there has been established
in the Federal entity an office that meets the
requirements of this section;
(B) specifies the actions taken by the
Federal entity otherwise to ensure that audits
are conducted of its programs and operations in
accordance with the standards for audit of
governmental organizations, programs,
activities, and functions issued by the
Comptroller General of the United States, and
includes a list of each audit report completed
by a Federal or non-Federal auditor during the
reporting period and a summary of any
particularly significant findings; and
(C) summarizes any matters relating to the
personnel, programs, and operations of the
Federal entity referred to prosecutive
authorities, including a summary description of
any preliminary investigation conducted by or
at the request of the Federal entity concerning
these matters, and the prosecutions and
convictions which have resulted.
Sec. 416. Additional Provisions With Respect to Inspectors General of
the Intelligence Community
(a) Definitions.--In this section:
(1) Intelligence committees.--The term ``intelligence
committees'' means the Permanent Select Committee on
Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate.
(2) Urgent concern.--The term ``urgent concern''
means any of the following:
(A) A serious or flagrant problem, abuse,
violation of law or Executive order, or
deficiency relating to the funding,
administration, or operations of an
intelligence activity involving classified
information, but does not include differences
of opinions concerning public policy matters.
(B) A false statement to Congress, or a
willful withholding from Congress, on an issue
of material fact relating to the funding,
administration, or operation of an intelligence
activity.
(C) An action, including a personnel action
described in section 2302(a)(2)(A) of this
title constituting reprisal or threat of
reprisal prohibited under section 407(c) of
this title in response to an employee's
reporting an urgent concern in accordance with
this section.
(b) Complaint or Information With Respect to Urgent
Concern.--
(1) To whom reports may be made.--
(A) Inspector general of department of
defense.--An employee of the Defense
Intelligence Agency, the National Geospatial-
Intelligence Agency, the National
Reconnaissance Office, or the National Security
Agency, or of a contractor of any of those
Agencies, who intends to report to Congress a
complaint or information with respect to an
urgent concern may report the complaint or
information to the Inspector General of the
Department of Defense (or designee).
(B) Inspector general of intelligence
community.--An employee of an element of the
intelligence community, an employee assigned or
detailed to an element of the intelligence
community, or an employee of a contractor to
the intelligence community, who intends to
report to Congress a complaint or information
with respect to an urgent concern may report
such complaint or information to the Inspector
General of the Intelligence Community.
(C) Inspector general of department of
justice.--An employee of the Federal Bureau of
Investigation, or of a contractor of the
Bureau, who intends to report to Congress a
complaint or information with respect to an
urgent concern may report the complaint or
information to the Inspector General of the
Department of Justice (or designee).
(D) Other appropriate inspector general.--Any
other employee of, or contractor to, an
executive agency, or element or unit thereof,
determined by the President under section
2302(a)(2)(C)(ii) of this title, to have as its
principal function the conduct of foreign
intelligence or counterintelligence activities,
who intends to report to Congress a complaint
or information with respect to an urgent
concern may report the complaint or information
to the appropriate Inspector General (or
designee) under this chapter, section 17 of the
Central Intelligence Agency Act of 1949 (50
U.S.C. 3517), or section 103H(k) of the
National Security Act of 1947 (50 U.S.C.
3033(k)).
(2) Designee to report complaint or information to
inspector general within 7 days.--If a designee of an
Inspector General under this section receives a
complaint or information of an employee with respect to
an urgent concern, that designee shall report the
complaint or information to the Inspector General
within 7 calendar days of receipt.
(3) Designees of inspector general of department of
defense.--The Inspectors General of the Defense
Intelligence Agency, the National Geospatial-
Intelligence Agency, the National Reconnaissance
Office, and the National Security Agency shall be
designees of the Inspector General of the Department of
Defense for purposes of this section.
(c) Initial Determinations and Transmittals.--
(1) Credibility.--Not later than the end of the 14-
calendar day period beginning on the date of receipt of
an employee complaint or information under subsection
(b), the Inspector General shall determine whether the
complaint or information appears credible. Upon making
such a determination, the Inspector General shall
transmit to the head of the establishment notice of
that determination, together with the complaint or
information.
(2) Conflict of Interest.--If the head of an
establishment determines that a complaint or
information transmitted under paragraph (1) would
create a conflict of interest for the head of the
establishment, the head of the establishment shall
return the complaint or information to the Inspector
General with that determination and the Inspector
General shall make the transmission to the Director of
National Intelligence and, if the establishment is
within the Department of Defense, to the Secretary of
Defense. In such a case, the requirements of this
section for the head of the establishment apply to each
recipient of the Inspector General's transmission.
(d) Forwarding Transmittals.--Upon receipt of a transmittal
from the Inspector General under subsection (c), the head of
the establishment shall, within 7 calendar days of such
receipt, forward such transmittal to the intelligence
committees, together with any comments the head of the
establishment considers appropriate.
(e) Submitting Complaint or Information to Congress.--
(1) In general.--If the Inspector General does not
find credible under subsection (c) a complaint or
information submitted to the Inspector General under
subsection (b), or does not transmit the complaint or
information to the head of the establishment in
accurate form under subsection (c), the employee
(subject to paragraph (2)) may submit the complaint or
information to Congress by contacting either or both of
the intelligence committees directly.
(2) Limitation.--The employee may contact the
intelligence committees directly as described in
paragraph (1) only if the employee--
(A) before making such a contact, furnishes
to the head of the establishment, through the
Inspector General, a statement of the
employee's complaint or information and notice
of the employee's intent to contact the
intelligence committees directly; and
(B) obtains and follows from the head of the
establishment, through the Inspector General,
direction on how to contact the intelligence
committees in accordance with appropriate
security practices.
(3) Intelligence committee receipt of complaint or
information.--A member or employee of one of the
intelligence committees who receives a complaint or
information under paragraph (1) does so in that member
or employee's official capacity as a member or employee
of that committee.
(f) Notification.--The Inspector General shall notify an
employee who reports a complaint or information under this
section of each action taken under this section with respect to
the complaint or information. Such notice shall be provided not
later than 3 days after any such action is taken.
(g) No Judicial Review.--An action taken by the head of an
establishment or an Inspector General under subsections (b)
through (f) shall not be subject to judicial review.
(h) Notice of Submission and Date.--An individual who has
submitted a complaint or information to an Inspector General
under this section may notify any member of the Permanent
Select Committee on Intelligence of the House of
Representatives or the Select Committee on Intelligence of the
Senate, or a staff member of either such Committee, of the fact
that such individual has made a submission to that particular
Inspector General, and of the date on which such submission was
made.
Sec. 417. Special Provisions Concerning the Department of Homeland
Security
(a) In General.--
(1) Authority of secretary of homeland security over
certain audits and investigations.--Notwithstanding the
2d sentence and last sentence of section 403(a) of this
title, the Inspector General of the Department of
Homeland Security shall be under the authority,
direction, and control of the Secretary of Homeland
Security with respect to audits or investigations, or
the issuance of subpoenas, that require access to
sensitive information concerning--
(A) intelligence, counterintelligence, or
counterterrorism matters;
(B) ongoing criminal investigations or
proceedings;
(C) undercover operations;
(D) the identity of confidential sources,
including protected witnesses;
(E) other matters the disclosure of which
would, in the Secretary's judgment, constitute
a serious threat to the protection of any
person or property authorized protection by
section 3056 of title 18, section 3056A of
title 18, or any provision of the Presidential
Protection Assistance Act of 1976 (18 U.S.C.
3056 note); or
(F) other matters the disclosure of which
would constitute a serious threat to national
security.
(2) Authority of secretary of homeland security to
prohibit carrying out or completing audits or
investigations.--With respect to the information
described in paragraph (1), the Secretary of Homeland
Security may prohibit the Inspector General of the
Department of Homeland Security from carrying out or
completing any audit or investigation, from accessing
information described in paragraph (1), or from issuing
any subpoena, after such Inspector General has decided
to initiate, carry out, or complete such audit or
investigation, access such information, or to issue
such subpoena, if the Secretary determines that such
prohibition is necessary to prevent the disclosure of
any information described in paragraph (1), to preserve
the national security, or to prevent a significant
impairment to the interests of the United States.
(3) Notification of exercise of power.--If the
Secretary of Homeland Security exercises any power
under paragraph (1) or (2), the Secretary shall notify
the Inspector General of the Department of Homeland
Security in writing within 7 days, stating the reasons
for such exercise. Within 30 days after receipt of any
such notice, the Inspector General shall transmit to
the President of the Senate, the Speaker of the House
of Representatives, and appropriate committees and
subcommittees of Congress the following--
(A) a copy of such notice; and
(B) a written response to such notice that
includes a statement regarding whether the
Inspector General agrees or disagrees with such
exercise, and the reasons for any disagreement.
(b) Not a Limitation on Congressional Access to
Information.--The exercise of authority by the Secretary
described in subsection (a)(2) should not be construed as
limiting the right of Congress or any committee of Congress to
access any information it seeks.
(c) Authority of Inspector General To Initiate, Conduct,
and Supervise Audits and Investigations.--Subject to the
conditions established in subsections (a) and (b), in carrying
out the duties and responsibilities specified in this chapter,
the Inspector General of the Department of Homeland Security
may initiate, conduct, and supervise such audits and
investigations in the Department of Homeland Security as the
Inspector General considers appropriate.
(d) Reports.--Any report required to be transmitted by the
Secretary of Homeland Security to the appropriate committees or
subcommittees of Congress under section 405(e) of this title
shall be transmitted, within the 7-day period specified in
section 405(e) of this title, to the President of the Senate,
the Speaker of the House of Representatives, and appropriate
committees and subcommittees of Congress.
(e) Oversight Responsibility.--Notwithstanding any other
provision of law, in carrying out the duties and
responsibilities specified in this chapter, the Inspector
General of the Department of Homeland Security shall have
oversight responsibility for the internal investigations
performed by the Office of Internal Affairs of the United
States Customs Service, the Office of Inspections of the United
States Secret Service, the Bureau of Border Security, and the
Bureau of Citizenship and Immigration Services. The head of
each such office or bureau shall promptly report to the
Inspector General the significant activities being carried out
by such office or bureau.
(f) Designated Senior Official.--
(1) In general.--The Inspector General of the
Department of Homeland Security shall designate a
senior official within the Office of Inspector General,
who shall be a career member of the civil service at
the equivalent to the GS--15 level or a career member
of the Senior Executive Service, to perform the
functions described in paragraph (2).
(2) Functions.--The senior official designated under
paragraph (1) shall--
(A) coordinate the activities of the Office
of Inspector General with respect to
investigations of abuses of civil rights or
civil liberties;
(B) receive and review complaints and
information from any source alleging abuses of
civil rights and civil liberties by employees
or officials of the Department and employees or
officials of independent contractors or
grantees of the Department;
(C) initiate investigations of alleged abuses
of civil rights or civil liberties by employees
or officials of the Department and employees or
officials of independent contractors or
grantees of the Department;
(D) ensure that personnel within the Office
of Inspector General receive sufficient
training to conduct effective civil rights and
civil liberties investigations;
(E) consult with the Officer for Civil Rights
and Civil Liberties regarding--
(i) alleged abuses of civil rights or
civil liberties; and
(ii) any policy recommendations
regarding civil rights and civil
liberties that may be founded upon an
investigation by the Office of
Inspector General;
(F) provide the Officer for Civil Rights and
Civil Liberties with information regarding the
outcome of investigations of alleged abuses of
civil rights and civil liberties;
(G) refer civil rights and civil liberties
matters that the Inspector General decides not
to investigate to the Officer for Civil Rights
and Civil Liberties;
(H) ensure that the Office of the Inspector
General publicizes and provides convenient
public access to information regarding--
(i) the procedure to file complaints
or comments concerning civil rights and
civil liberties matters; and
(ii) the status of corrective actions
taken by the Department in response to
Office of the Inspector General
reports; and
(I) inform the Officer for Civil Rights and
Civil Liberties of any weaknesses, problems,
and deficiencies within the Department relating
to civil rights or civil liberties.
Sec. 418. Rule of Construction of Special Provisions
The special provisions under section 408, 409, 410, 411,
412, 413, 414, 416, or 421 of this title relate only to the
establishment named in such section and no inference shall be
drawn from the presence or absence of a provision in any such
section with respect to an establishment not named in such
section or with respect to a designated Federal entity as
defined under section 415(a) of this title.
Sec. 419. Special Provisions Concerning Overseas Contingency Operations
(a) Additional Responsibilities of Chair of Council of
Inspectors General on Integrity and Efficiency.--The Chair of
the Council of Inspectors General on Integrity and Efficiency
(CIGIE) shall, in consultation with the members of the Council,
have the additional responsibilities specified in subsection
(b) with respect to the Inspectors General specified in
subsection (c) upon the earlier of--
(1) the commencement or designation of a military
operation as an overseas contingency operation that
exceeds 60 days; or
(2) receipt of a notification under section 113(n) of
title 10 with respect to an overseas contingency
operation.
(b) Specific Responsibilities.--The responsibilities
specified in this subsection are the following:
(1) Designate lead inspector general.--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).
(2) Resolve conflicts of jurisdiction.--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).
(3) Identify office personnel.--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.
(c) Inspectors General.--The Inspectors General specified
in this subsection are the Inspectors General as follows:
(1) The Inspector General of the Department of
Defense.
(2) The Inspector General of the Department of State.
(3) The Inspector General of the United States Agency
for International Development.
(d) Lead Inspector General for Overseas Contingency
Operation.--
(1) Designation.--A lead Inspector General for an
overseas contingency operation shall be designated by
the Chair of the Council of Inspectors General on
Integrity and Efficiency under subsection (b)(1) not
later than 30 days after the earlier of--
(A) the commencement or designation of the
military operation concerned as an overeas
contingency operation that exceeds 60 days; or
(B) receipt of a notification under section
113(n) of title 10 with respect to an overseas
contingency operation.
The lead Inspector General for a contingency operation
shall be designated from among the Inspectors General
specified in subsection (c).
(2) Responsibilities.--The lead Inspector General for
an overseas contingency operation shall have the
following responsibilities:
(A) Appoint associate inspector general.--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.
(B) Strategic plan to conduct comprehensive
oversight.--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.
(C) Accuracy of information.--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.
(D) Jurisdictional matters.--
(i) No inspector general with
principal jurisdiction.--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.
(ii) More than one inspector general
with jurisdiction.--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.
(iii) Investigations.--
(I) Request by inspector
general with principal
jurisdiction.--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.
(II) No inspector general
with principal jurisdiction.--
In the case of a determination
by the lead Inspector General
that no Inspector General has
principal jurisdiction over a
matter with respect to the
contingency operation, the lead
Inspector General may--
(aa) conduct an
independent
investigation of an
allegation described in
subclause (I); or
(bb) request that an
Inspector General
specified in subsection
(c) conduct such
investigation.
(E) Personnel.--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.
(F) Report on activity.--To submit to
Congress on a bi- annual basis, and to make
available on an internet website available to
the public, a report on the activities of the
lead Inspector General and the other Inspectors
General specified in subsection (c) with
respect to the contingency operation,
including--
(i) the status and results of
investigations, inspections, and audits
and of referrals to the Department of
Justice; and
(ii) overall plans for the review of
the contingency operation by inspectors
general, including plans for
investigations, inspections, and
audits.
(G) report on contingency operation.--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.
(H) Other responsibilities.--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.
(I) Enhancing cooperation.--To enhance
cooperation among Inspectors General and
encourage comprehensive oversight of the
contingency operation, any Inspector General
responsible for conducting oversight of any
program or operation performed in support of
the contingency operation may, to the maximum
extent practicable and consistent with the
duties, responsibilities, policies, and
procedures of that Inspector General--
(i) coordinate such oversight
activities with the lead Inspector
General; and
(ii) provide information requested by
the lead Inspector General relating to
the responsibilities of the lead
Inspector General described in
subparagraphs (B), (C), and (G).
(3) Employment of annuitants.--
(A) In general.--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.
(B) Deemed department of defense.--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.
(C) Foreign service annuitants.--
(i) Continuance of annuity.--An
annuitant receiving an annuity under
the Foreign Service Retirement and
Disability System or the Foreign
Service Pension System under chapter 8
of title I of the Foreign Service Act
of 1980 (22 U.S.C. 4041 et seq.) who is
reemployed under this subsection--
(I) shall continue to receive
the annuity; and
(II) 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.
(ii) Election regarding
reemployment.--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.
(4) Discharge of responsibilities in accordance with
chapter.--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.
(5) Competitive status for appointment.--
(A) In general.--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.
(B) Limitation.--No person who is first
employed as described in subparagraph (A) more
than 2 years after December 19, 2019, may
acquire competitive status under subparagraph
(A).
(e) Sunset for Particular Contingency Operations.--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.
(f) Construction of Authority.--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.
Sec. 420. Information on Websites of Offices of Inspectors General
(a) Direct Links To Inspectors General Offices.--
(1) In general.--Each Federal agency and designated
Federal entity shall establish and maintain on the
homepage of the website of that Federal agency or
designated Federal entity, a direct link to the website
of the Office of the Inspector General of that Federal
agency or designated Federal entity.
(2) Accessibility.--The direct link under paragraph
(1) shall be obvious and facilitate accessibility to
the website of the Office of the Inspector General.
(b) Requirements for Inspectors General Websites.--
(1) Posting of reports and audits.--The Inspector
General of each Federal agency and designated Federal
entity shall--
(A) not later than 3 days after any audit
report, inspection report, or evaluation report
(or portion of any such report) is submitted in
final form to the head of the Federal agency or
the head of the designated Federal entity, as
applicable, post that report (or portion of
that report) on the website of the Office of
Inspector General; and
(B) ensure that any posted report (or portion
of that report) described under subparagraph
(A)--
(i) is easily accessible from a
direct link on the homepage of the
website of the Office of the Inspector
General;
(ii) includes a summary of the
findings of the Inspector General; and
(iii) is in a format that--
(I) is searchable and
downloadable; and
(II) facilitates printing by
individuals of the public
accessing the website.
(2) Reporting of fraud, waste, and abuse.--
(A) In general.--The Inspector General of
each Federal agency and designated Federal
entity shall establish and maintain a direct
link on the homepage of the website of the
Office of the Inspector General for individuals
to report fraud, waste, and abuse. Individuals
reporting fraud, waste, or abuse using the
direct link established under this paragraph
shall not be required to provide personally
identifying information relating to that
individual.
(B) Anonymity.--The Inspector General of each
Federal agency and designated Federal entity
shall not disclose the identity of any
individual making a report under this paragraph
without the consent of the individual unless
the Inspector General determines that such a
disclosure is unavoidable during the course of
the investigation.
(3) Rule of construction.--Nothing in this subsection
shall be construed as authorizing an Inspector General
to publicly disclose information otherwise prohibited
from disclosure by law.
(c) Definitions.--In this section, the terms ``designated
Federal entity'' and ``head of the designated Federal entity''
have the meanings given those terms in section 415(a) of this
title.
Sec. 421. Additional Provisions With Respect to the Department of
Energy
(a) Authority To Prohibit Access to Certain Materials.--The
Secretary of Energy may prohibit the Inspector General of the
Department of Energy from accessing Restricted Data and nuclear
safeguards information protected from disclosure under chapter
12 of the Atomic Energy Act of 1954 (42 U.S.C. 2161 et seq.)
and intelligence or counterintelligence, as defined in section
3 of the National Security Act of 1947 (50 U.S.C. 3003), if the
Secretary of Energy determines that the prohibition is
necessary to protect the national security or prevent the
significant impairment to the national security interests of
the United States.
(b) Notification to Inspector General and Statement to
Congress.--Not later than 7 days after the date on which the
Secretary of Energy exercises any power authorized under
subsection (a), the Secretary shall notify the Inspector
General of the Department of Energy in writing of the reasons
for such exercise. Within 30 days after receipt of any such
notice, the Inspector General of the Department of Energy shall
submit to the appropriate committees of Congress a statement
concerning such exercise.
Sec. 422. Transfer of Functions
(a) In General.--There shall be transferred--
(1) to the Office of Inspector General--
(A) of the Department of Agriculture, the
offices of that department referred to as the
``Office of Investigation'' and the ``Office of
Audit'';
(B) of the Department of Commerce, the
offices of that department referred to as the
``Office of Audits'' and the ``Investigations
and Inspections Staff'' and that portion of the
office referred to as the ``Office of
Investigations and Security'' which has
responsibility for investigation of alleged
criminal violations and program abuse;
(C) of the Department of Defense, the offices
of that department referred to as the ``Defense
Audit Service'' and the ``Office of Inspector
General, Defense Logistics Agency'', and that
portion of the office of that department
referred to as the ``Defense Investigative
Service'' which has responsibility for the
investigation of alleged criminal violations;
(D) of the Department of Education, all
functions of the Inspector General of Health,
Education, and Welfare or of the Office of
Inspector General of Health, Education, and
Welfare relating to functions transferred by
section 301 of the Department of Education
Organization Act (20 U.S.C. 3441);
(E) of the Department of Energy, the Office
of Inspector General (as established by section
208 of the Department of Energy Organization
Act);
(F) of the Department of Health and Human
Services, the Office of Inspector General (as
established by title II of Public Law 94-505);
(G) of the Department of Housing and Urban
Development, the office of that department
referred to as the ``Office of Inspector
General'';
(H) of the Department of the Interior, the
office of that department referred to as the
``Office of Audit and Investigation'';
(I) of the Department of Justice--
(i) the offices of that Department
referred to as--
(I) the ``Audit Staff,
Justice Management Division'';
(II) the ``Policy and
Procedures Branch, Office of
the Comptroller, Immigration
and Naturalization Service'',
the ``Office of Professional
Responsibility, Immigration and
Naturalization Service'', and
the ``Office of Program
Inspections, Immigration and
Naturalization Service'';
(III) the ``Office of
Internal Inspection, United
States Marshals Service''; and
(IV) the ``Financial Audit
Section, Office of Financial
Management, Bureau of Prisons''
and the ``Office of
Inspections, Bureau of
Prisons''; and
(ii) from the Drug Enforcement
Administration, that portion of the
``Office of Inspections'' which is
engaged in internal audit activities,
and that portion of the ``Office of
Planning and Evaluation'' which is
engaged in program review activities;
(J) of the Department of Labor, the office of
that department referred to as the ``Office of
Special Investigations'';
(K) of the Department of Transportation, the
offices of that department referred to as the
``Office of Investigations and Security'' and
the ``Office of Audit'' of the Department, the
``Offices of Investigations and Security,
Federal Aviation Administration'', and
``External Audit Divisions, Federal Aviation
Administration'', the ``Investigations Division
and the External Audit Division of the Office
of Program Review and Investigation, Federal
Highway Administration'', and the ``Office of
Program Audits, Federal Transit
Administration'';
(L) (i) of the Department of the Treasury,
the office of that department referred to as
the ``Office of Inspector General'', and,
notwithstanding any other provision of law,
that portion of each of the offices of that
department referred to as the ``Office of
Internal Affairs, Tax and Trade Bureau'', the
``Office of Internal Affairs, United States
Customs Service'', and the ``Office of
Inspections, United States Secret Service''
which is engaged in internal audit activities;
and
(ii) of the Treasury Inspector General for
Tax Administration, effective 180 days after
July 22, 1998, the Office of Chief Inspector of
the Internal Revenue Service;
(M) of the Environmental Protection Agency,
the offices of that agency referred to as the
``Office of Audit'' and the ``Security and
Inspection Division'';
(N) of the Federal Emergency Management
Agency, the office of that agency referred to
as the ``Office of Inspector General'';
(O) of the General Services Administration,
the offices of that agency referred to as the
``Office of Audits'' and the ``Office of
Investigations'';
(P) of the National Aeronautics and Space
Administration, the offices of that agency
referred to as the ``Management Audit Office''
and the ``Office of Inspections and Security'';
(Q) of the Nuclear Regulatory Commission, the
office of that commission referred to as the
``Office of Inspector and Auditor'';
(R) of the Office of Personnel Management,
the offices of that agency referred to as the
``Office of Inspector General'', the
``Insurance Audits Division, Retirement and
Insurance Group'', and the ``Analysis and
Evaluation Division, Administration Group'';
(S) of the Railroad Retirement Board, the
Office of Inspector General (as established by
section 23 of the Railroad Retirement Act of
1974);
(T) of the Small Business Administration, the
office of that agency referred to as the
``Office of Audits and Investigations'';
(U) of the Department of Veterans Affairs,
the offices of that department referred to as
the ``Office of Audits'' and the ``Office of
Investigations'';
(V) of the Corporation for National and
Community Service, the Office of Inspector
General of ACTION; and
(W) of the Social Security Administration,
the functions of the Inspector General of the
Department of Health and Human Services which
are transferred to the Social Security
Administration by the Social Security
Independence and Program Improvements Act of
1994 (other than functions performed pursuant
to section 105(a)(2) of such Act), except that
such transfers shall be made in accordance with
the provisions of such Act and shall not be
subject to subsections (b) through (d) of this
section; and
(2) to the Office of the Inspector General, such
other offices or agencies, or functions, powers, or
duties thereof, as the head of the establishment
involved may determine are properly related to the
functions of the Office and would, if so transferred,
further the purposes of this chapter,
except that there shall not be transferred to an Inspector
General under paragraph (2) program operating responsibilities.
(b) Related Transfers.--The personnel, assets, liabilities,
contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other funds
employed, held, used, arising from, available or to be made
available, of any office or agency the functions, powers, and
duties of which are transferred under subsection (a) are hereby
transferred to the applicable Office of Inspector General.
(c) Personnel.--Personnel transferred pursuant to
subsection (b) shall be transferred in accordance with
applicable laws and regulations relating to the transfer of
functions except that the classification and compensation of
such personnel shall not be reduced for one year after such
transfer.
(d) Lapse of Office or Agency and Compensation for
Transferred Positions With Comparable Duties.--In any case in
which all the functions, powers, and duties of any office or
agency are transferred pursuant to this subsection, such office
or agency shall lapse. Any person who, on October 1, 1978, held
a position compensated in accordance with the General Schedule,
and who, without a break in service, is appointed in an Office
of Inspector General to a position having duties comparable to
those performed immediately preceding such appointment shall
continue to be compensated in the new position at not less than
the rate provided for the previous position, for the duration
of service in the new position.
Sec. 423. Pay of Inspectors General
(a) Certain Inspectors General.--
(1) In general.--Notwithstanding any other provision
of law, the annual rate of basic pay of the Inspector
General of the Intelligence Community, the Inspector
General of the Central Intelligence Agency, and the
Special Inspector General for Afghanistan
Reconstruction shall be that of an Inspector General as
defined under section 401 of this title.
(2) Prohibition of cash bonus or awards.--Section
403(f) of this title shall apply to the Inspectors
General described under paragraph (1).
(b) Inspectors General of Designated Federal Entities.--
Notwithstanding any other provision of law, the Inspector
General of each designated Federal entity (as those terms are
defined under section 415(a) of this title) shall, for pay and
all other purposes, be classified at a grade, level, or rank
designation, as the case may be, at or above those of a
majority of the senior level executives of that designated
Federal entity (such as a General Counsel, Chief Information
Officer, Chief Financial Officer, Chief Human Capital Officer,
or Chief Acquisition Officer). The pay of an Inspector General
of a designated Federal entity (as those terms are defined
under section 415(a) of this title) shall be not less than the
average total compensation (including bonuses) of the senior
level executives of that designated Federal entity calculated
on an annual basis.
(c) Savings Provision for Newly Appointed Inspectors
General.--
(1) In general.--The provisions of section 3392 of
this title, other than the terms ``performance awards''
and ``awarding of ranks'' in subsection (c)(1) of that
section, shall apply to career appointees of the Senior
Executive Service who are appointed to the position of
Inspector General.
(2) Nonreduction in pay.--Notwithstanding any other
provision of law, career Federal employees serving on
an appointment made pursuant to statutory authority
found other than in section 3392 of this title shall
not suffer a reduction in pay, not including any bonus
or performance award, as a result of being appointed to
the position of Inspector General.
Sec. 424. Establishment of the Council of the Inspectors General on
Integrity and Efficiency
(a) Establishment and Mission.--
(1) Establishment.--There is established as an
independent entity within the executive branch the
Council of the Inspectors General on Integrity and
Efficiency (in this section referred to as the
``Council'').
(2) Mission.--The mission of the Council shall be
to--
(A) address integrity, economy, and
effectiveness issues that transcend individual
Government agencies; and
(B) increase the professionalism and
effectiveness of personnel by developing
policies, standards, and approaches to aid in
the establishment of a well-trained and highly
skilled workforce in the offices of the
Inspectors General.
(b) Membership.--
(1) In general.--The Council shall consist of the
following members:
(A) All Inspectors General whose offices are
established under--
(i) section 402 of this title; or
(ii) section 415 of this title.
(B) The Inspectors General of the
Intelligence Community and the Central
Intelligence Agency.
(C) The Controller of the Office of Federal
Financial Management.
(D) A senior level official of the Federal
Bureau of Investigation designated by the
Director of the Federal Bureau of
Investigation.
(E) The Director of the Office of Government
Ethics.
(F) The Special Counsel of the Office of
Special Counsel.
(G) The Deputy Director of the Office of
Personnel Management.
(H) The Deputy Director for Management of the
Office of Management and Budget.
(I) The Inspectors General of the Library of
Congress, Capitol Police, Government Publishing
Office, Government Accountability Office, and
the Architect of the Capitol.
(2) Chairperson and executive chairperson.--
(A) Executive chairperson.--The Deputy
Director for Management of the Office of
Management and Budget shall be the Executive
Chairperson of the Council.
(B) Chairperson.--The Council shall elect 1
of the Inspectors General referred to in
paragraph (1)(A) or (B) to act as Chairperson
of the Council. The term of office of the
Chairperson shall be 2 years.
(3) Functions of chairperson and executive
chairperson.--
(A) Executive chairperson.--The Executive
Chairperson shall--
(i) preside over meetings of the
Council;
(ii) provide to the heads of agencies
and entities represented on the Council
summary reports of the activities of
the Council; and
(iii) provide to the Council such
information relating to the agencies
and entities represented on the Council
as assists the Council in performing
its functions.
(B) Chairperson.--The Chairperson shall--
(i) convene meetings of the Council--
(I) at least 6 times each
year;
(II) monthly to the extent
possible; and
(III) more frequently at the
discretion of the Chairperson;
(ii) carry out the functions and
duties of the Council under subsection
(c);
(iii) appoint a Vice Chairperson to
assist in carrying out the functions of
the Council and act in the absence of
the Chairperson, from a category of
Inspectors General described in
subparagraph (A)(i), (A)(ii), or (B) of
paragraph (1), other than the category
from which the Chairperson was elected;
(iv) make such payments from funds
otherwise available to the Council as
may be necessary to carry out the
functions of the Council;
(v) select, appoint, and employ
personnel as needed to carry out the
functions of the Council subject to the
provisions of this title governing
appointments in the competitive
service, and the provisions of chapter
51 and subchapter III of chapter 53 of
this title, relating to classification
and General Schedule pay rates;
(vi) to the extent and in such
amounts as may be provided in advance
by appropriations Acts, made available
from the revolving fund established
under subsection (c)(3)(B), or as
otherwise provided by law, enter into
contracts and other arrangements with
public agencies and private persons to
carry out the functions and duties of
the Council;
(vii) establish, in consultation with
the members of the Council, such
committees as determined by the
Chairperson to be necessary and
appropriate for the efficient conduct
of Council functions; and
(viii) prepare and transmit an annual
report on behalf of the Council on the
activities of the Council to--
(I) the President;
(II) the appropriate
committees of jurisdiction of
the Senate and the House of
Representatives;
(III) the Committee on
Homeland Security and
Governmental Affairs of the
Senate; and
(IV) the Committee on
Oversight and Reform of the
House of Representatives.
(c) Functions and Duties of Council.--
(1) In general.--The Council shall--
(A) continually identify, review, and discuss
areas of weakness and vulnerability in Federal
programs and operations with respect to fraud,
waste, and abuse;
(B) develop plans for coordinated,
Governmentwide activities that address these
problems and promote economy and efficiency in
Federal programs and operations, including
interagency and interentity audit,
investigation, inspection, and evaluation
programs and projects to deal efficiently and
effectively with those problems concerning
fraud and waste that exceed the capability or
jurisdiction of an individual agency or entity;
(C) develop policies that will aid in the
maintenance of a corps of well-trained and
highly skilled Office of Inspector General
personnel;
(D) maintain an Internet website and other
electronic systems for the benefit of all
Inspectors General, as the Council determines
are necessary or desirable;
(E) maintain 1 or more academies as the
Council considers desirable for the
professional training of auditors,
investigators, inspectors, evaluators, and
other personnel of the various offices of
Inspector General;
(F) submit recommendations of individuals to
the appropriate appointing authority for any
appointment to an office of Inspector General
described under subsection (b)(1)(A) or (B);
(G) make such reports to Congress as the
Chairperson determines are necessary or
appropriate;
(H) except for matters coordinated among
Inspectors General under section 103H of the
National Security Act of 1947 (50 U.S.C. 3033),
receive, review, and mediate any disputes
submitted in writing to the Council by an
Office of Inspector General regarding an audit,
investigation, inspection, evaluation, or
project that involves the jurisdiction of more
than one Office of Inspector General; and
(I) perform other duties within the authority
and jurisdiction of the Council, as
appropriate.
(2) Adherence and participation by members.--To the
extent permitted under law, and to the extent not
inconsistent with standards established by the
Comptroller General of the United States for audits of
Federal establishments, organizations, programs,
activities, and functions, each member of the Council,
as appropriate, shall--
(A) adhere to professional standards
developed by the Council; and
(B) participate in the plans, programs, and
projects of the Council, except that in the
case of a member described under subsection
(b)(1)(I), the member shall participate only to
the extent requested by the member and approved
by the Executive Chairperson and Chairperson.
(3) Additional administrative authorities.--
(A) Interagency funding.--Notwithstanding
section 1532 of title 31, or any other
provision of law prohibiting the interagency
funding of activities described under subclause
(I), (II), or (III) of clause (i), in the
performance of the responsibilities,
authorities, and duties of the Council--
(i) the Executive Chairperson may
authorize the use of interagency
funding for--
(I) Governmentwide training
of employees of the Offices of
the Inspectors General;
(II) the functions of the
Integrity Committee of the
Council; and
(III) any other authorized
purpose determined by the
Council; and
(ii) upon the authorization of the
Executive Chairperson, any Federal
agency or designated Federal entity (as
defined in section 415(a) of this
title) which has a member on the
Council shall fund or participate in
the funding of such activities.
(B) Revolving fund.--
(i) In general.--The Council may--
(I) establish in the Treasury
of the United States a
revolving fund to be called the
Inspectors General Council
Fund; or
(II) enter into an
arrangement with a department
or agency to use an existing
revolving fund.
(ii) Amounts in revolving fund.--
(I) In general.--Amounts
transferred to the Council
under this subsection shall be
deposited in the revolving fund
described under clause (i)(I)
or (II).
(II) Training.--Any remaining
unexpended balances
appropriated for or otherwise
available to the Inspectors
General Criminal Investigator
Academy and the Inspectors
General Auditor Training
Institute shall be transferred
to the revolving fund described
under clause (i)(I) or (II).
(iii) Use of revolving fund.--
(I) In general.--Except as
provided under subclause (II),
amounts in the revolving fund
described under clause (i)(I)
or (II) may be used to carry
out the functions and duties of
the Council under this
subsection.
(II) Training.--Amounts
transferred into the revolving
fund described under clause
(i)(I) or (II) may be used for
the purpose of maintaining any
training academy as determined
by the Council.
(iv) Availability of funds.--Amounts
in the revolving fund described under
clause (i)(I) or (II) shall remain
available to the Council without fiscal
year limitation.
(C) Superseding provisions.--No provision of
law enacted after October 14, 2008, shall be
construed to limit or supersede any authority
under subparagraph (A) or (B), unless such
provision makes specific reference to the
authority in that subparagraph.
(4) Existing authorities and responsibilities.--The
establishment and operation of the Council shall not
affect--
(A) the role of the Department of Justice in
law enforcement and litigation;
(B) the authority or responsibilities of any
Government agency or entity; and
(C) the authority or responsibilities of
individual members of the Council.
(5) Additional responsibilities relating to
whistleblower protection.--The Council shall--
(A) facilitate the work of the Whistleblower
Protection Coordinators designated under
section 403(d)(1)(C) of this title; and
(B) in consultation with the Office of
Special Counsel and Whistleblower Protection
Coordinators from the member offices of the
Inspector General, develop best practices for
coordination and communication in promoting the
timely and appropriate handling and
consideration of protected disclosures,
allegations of reprisal, and general matters
regarding the implementation and administration
of whistleblower protection laws, in accordance
with Federal law.
(d) Integrity Committee.--
(1) Establishment.--The Council shall have an
Integrity Committee, which shall receive, review, and
refer for investigation allegations of wrongdoing that
are made against Inspectors General and staff members
of the various Offices of Inspector General described
under paragraph (4)(C).
(2) Membership.--
(A) In general.--The Integrity Committee
shall consist of the following members:
(i) The official of the Federal
Bureau of Investigation serving on the
Council.
(ii) Four Inspectors General
described in subparagraph (A) or (B) of
subsection (b)(1) appointed by the
Chairperson of the Council,
representing both establishments and
designated Federal entities (as that
term is defined in section 415(a) of
this title).
(iii) The Director of the Office of
Government Ethics or the designee of
the Director.
(B) Chairperson.--
(i) In general.--The Integrity
Committee shall elect one of the
Inspectors General referred to in
subparagraph (A)(ii) to act as
Chairperson of the Integrity Committee.
(ii) Term.--The term of office of the
Chairperson of the Integrity Committee
shall be 2 years.
(3) Legal advisor.--The Chief of the Public Integrity
Section of the Criminal Division of the Department of
Justice, or the Chief's designee, shall serve as a
legal advisor to the Integrity Committee.
(4) Referral of allegations.--
(A) Definition of staff member.--In this
paragraph, the term ``staff member'' means any
employee of an Office of Inspector General
who--
(i) reports directly to an Inspector
General; or
(ii) is designated by an Inspector
General under subparagraph (C).
(B) Requirement.--An Inspector General shall
refer to the Integrity Committee any allegation
of wrongdoing against a staff member of the
office of that Inspector General, if--
(i) review of the substance of the
allegation cannot be assigned to an
agency of the executive branch with
appropriate jurisdiction over the
matter; and
(ii) the Inspector General determines
that--
(I) an objective internal
investigation of the allegation
is not feasible; or
(II) an internal
investigation of the allegation
may appear not to be objective.
(C) Designation of staff members.--Each
Inspector General shall annually submit to the
Chairperson of the Integrity Committee a
designation of positions whose holders are
staff members for purposes of subparagraph (A).
(5) Review of allegations.--
(A) In general.--Not later than 7 days after
the date on which the Integrity Committee
receives an allegation of wrongdoing against an
Inspector General or against a staff member of
an Office of Inspector General described under
paragraph (4)(C), the allegation of wrongdoing
shall be reviewed and referred to the
Department of Justice or the Office of Special
Counsel for investigation, or to the Integrity
Committee for review, as appropriate, by--
(i) a representative of the
Department of Justice, as designated by
the Attorney General;
(ii) a representative of the Office
of Special Counsel, as designated by
the Special Counsel; and
(iii) a representative of the
Integrity Committee, as designated by
the Chairperson of the Integrity
Committee.
(B) Referral to the chairperson.--
(i) In general.--Except as provided
in clause (ii), not later than 30 days
after the date on which an allegation
of wrongdoing is referred to the
Integrity Committee under subparagraph
(A), the Integrity Committee shall
determine whether to refer the
allegation of wrongdoing to the
Chairperson of the Integrity Committee
to initiate an investigation.
(ii) Extension.--The 30-day period
described in clause (i) may be extended
for an additional period of 30 days if
the Integrity Committee provides
written notice to the congressional
committees described in paragraph
(8)(A)(iii) that includes a detailed,
case-specific description of why the
additional time is needed to evaluate
the allegation of wrongdoing.
(6) Authority to investigate allegations.--
(A) Requirement.--The Chairperson of the
Integrity Committee shall cause a thorough and
timely investigation of each allegation
referred under paragraph (5)(B) to be conducted
in accordance with this paragraph.
(B) Resources.--At the request of the
Chairperson of the Integrity Committee, the
head of each agency or entity represented on
the Council--
(i) shall provide assistance
necessary to the Integrity Committee;
and
(ii) may detail employees from that
agency or entity to the Integrity
Committee, subject to the control and
direction of the Chairperson, to
conduct an investigation under this
subsection.
(7) Procedures for investigations.--
(A) Standards applicable.--Investigations
initiated under this subsection shall be
conducted in accordance with the most current
Quality Standards for Investigations issued by
the Council or by its predecessors (the
President's Council on Integrity and Efficiency
and the Executive Council on Integrity and
Efficiency).
(B) Additional policies and procedures.--
(i) Establishment.--The Integrity
Committee, in conjunction with the
Chairperson of the Council, shall
establish additional policies and
procedures necessary to ensure fairness
and consistency in--
(I) determining whether to
initiate an investigation;
(II) conducting
investigations;
(III) reporting the results
of an investigation;
(IV) providing the person who
is the subject of an
investigation with an
opportunity to respond to any
Integrity Committee report;
(V) except as provided in
clause (ii), ensuring, to the
extent possible, that
investigations are conducted by
Offices of Inspector General of
similar size;
(VI) creating a process for
rotation of Inspectors General
assigned to investigate
allegations through the
Integrity Committee; and (VII)
creating procedures to avoid
conflicts of interest for
Integrity Committee
investigations.
(ii) Exception.--The requirement
under clause (i)(V) shall not apply to
any Office of Inspector General with
less than 50 employees who are
authorized to conduct audits or
investigations.
(iii) Submission to congress.--The
Council shall submit a copy of the
policies and procedures established
under clause (i) to the congressional
committees of jurisdiction.
(C) Completion of investigation.--If an
allegation of wrongdoing is referred to the
Chairperson of the Integrity Committee under
paragraph (5)(B), the Chairperson of the
Integrity Committee--
(i) shall complete the investigation
not later than 150 days after the date
on which the Integrity Committee made
the referral; and
(ii) if the investigation cannot be
completed within the 150-day period
described in clause (i), shall--
(I) promptly notify the
congressional committees
described in paragraph
(8)(A)(iii); and
(II) brief the congressional
committees described in
paragraph (8)(A)(iii) every 30
days regarding the status of
the investigation and the
general reasons for delay until
the investigation is complete.
(D) Concurrent investigation.--If an
allegation of wrongdoing against an Inspector
General or a staff member of an Office of
Inspector General described under paragraph
(4)(C) is referred to the Department of Justice
or the Office of Special Counsel under
paragraph (5)(A), the Chairperson of the
Integrity Committee may conduct any related
investigation referred to the Chairperson under
paragraph (5)(B) concurrently with the
Department of Justice or the Office of Special
Counsel, as applicable.
(E) Reports.--
(i) Integrity committee
investigations.--For each investigation
of an allegation of wrongdoing referred
to the Chairperson of the Integrity
Committee under paragraph (5)(B), the
Chairperson of the Integrity Committee
shall submit to members of the
Integrity Committee and to the
Chairperson of the Council a report
containing the results of the
investigation.
(ii) Other investigations.--For each
allegation of wrongdoing referred to
the Department of Justice or the Office
of Special Counsel under paragraph
(5)(A), the Attorney General or the
Special Counsel, as applicable, shall
submit to the Integrity Committee a
report containing the results of the
investigation.
(iii) Availability to congress.--
(I) In general.--The
congressional committees
described in paragraph
(8)(A)(iii) shall have access
to any report authored by the
Integrity Committee.
(II) Members of congress.--
Subject to any other provision
of law that would otherwise
prohibit disclosure of such
information, the Integrity
Committee may provide any
report authored by the
Integrity Committee to any
Member of Congress.
(8) Assessment and final disposition.--
(A) In general.--With respect to any report
received under paragraph (7)(E), the Integrity
Committee shall--
(i) assess the report;
(ii) forward the report, with the
recommendations of the Integrity
Committee, including those on
disciplinary action, within 30 days (to
the maximum extent practicable) after
the completion of the investigation, to
the Executive Chairperson of the
Council and to the President (in the
case of a report relating to an
Inspector General of an establishment
or any employee of that Inspector
General) or the head of a designated
Federal entity (in the case of a report
relating to an Inspector General of
such an entity or any employee of that
Inspector General) for resolution;
(iii) submit the report, with the
recommendations of the Integrity
Committee, to the Committee on Homeland
Security and Governmental Affairs of
the Senate, the Committee on Oversight
and Reform of the House of
Representatives, and other
congressional committees of
jurisdiction; and
(iv) following the submission of the
report under clause (iii) and upon
request by any Member of Congress,
submit the report, with the
recommendations of the Integrity
Committee, to that Member.
(B) Disposition.--The Executive Chairperson
of the Council shall report to the Integrity
Committee the final disposition of the matter,
including what action was taken by the
President or agency head.
(9) Annual report.--The Council shall submit to
Congress and the President by December 31 of each year
a report on the activities of the Integrity Committee
during the preceding fiscal year, which shall include
the following:
(A) The number of allegations received.
(B) 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.
(C) The number of allegations referred to the
Chairperson of the Integrity Committee for
investigation.
(D) The number of allegations closed without
referral.
(E) The date each allegation was received and
the date each allegation was finally disposed
of.
(F) In the case of allegations referred to
the Chairperson of the Integrity Committee, a
summary of the status of the investigation of
the allegations and, in the case of
investigations completed during the preceding
fiscal year, a summary of the findings of the
investigations.
(G) Other matters that the Council considers
appropriate.
(10) Requests for more information.--With respect to
paragraphs (8) and (9), the Council shall provide more
detailed information about specific allegations upon
request from any Member of Congress.
(11) No right or benefit.--This subsection is not
intended to create any right or benefit, substantive or
procedural, enforceable at law by a person against the
United States, its agencies, its officers, or any
person.
(12) Allegations of wrongdoing against special
counsel or deputy special counsel.--
(A) Special counsel defined.--In this
paragraph, the term ``Special Counsel'' means
the Special Counsel appointed under section
1211(b) of title 5.
(B) Authority of integrity committee.--
(i) In general.--An allegation of
wrongdoing against the Special Counsel
or the Deputy Special Counsel may be
received, reviewed, and referred for
investigation to the same extent and in
the same manner as in the case of an
allegation against an Inspector General
or against a staff member of an Office
of Inspector General described under
paragraph (4)(C), subject to the
requirement that the representative
designated by the Special Counsel under
paragraph (5)(A)(ii) shall recuse
himself or herself from the
consideration of any allegation brought
under this paragraph.
(ii) Coordination with existing
provisions of law.--This paragraph
shall not eliminate access to the Merit
Systems Protection Board for review
under section 7701 of title 5. To the
extent that an allegation brought under
this paragraph involves section
2302(b)(8) of title 5, a failure to
obtain corrective action within 120
days after the date on which the
allegation is received by the Integrity
Committee shall, for purposes of
section 1221 of title 5, be considered
to satisfy section 1214(a)(3)(B) of
title 5.
(C) Regulations.--The Integrity Committee may
prescribe any rules or regulations necessary to
carry out this paragraph, subject to such
consultation or other requirements as may
otherwise apply.
(13) Committee records.--The Chairperson of the
Council shall maintain the records of the Integrity
Committee.
(e) Oversight.gov.--
(1) Definition.--In this subsection, the term
``Office of Inspector General'' means the Office of--
(A) an Inspector General described in
subparagraph (A), (B), or (I) of subsection
(b)(1);
(B) the Special Inspector General for
Afghanistan Reconstruction established under
section 1229 of the National Defense
Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 122 Stat. 378);
(C) the Special Inspector General for the
Troubled Asset Relief Program established under
section 121 of title I of the Emergency
Economic Stabilization Act of 2008 (12 U.S.C.
5231); and
(D) the Special Inspector General for
Pandemic Recovery established under section
4018 of the Coronavirus Economic Stabilization
Act of 2020 (15 U.S.C. 9053).
(2) Establishment.--The Council shall establish and
maintain a website entitled ``oversight.gov''--
(A) to consolidate all public reports from
each Office of Inspector General to improve the
access of the public to any audit report,
inspection report, or evaluation report (or
portion of any such report) made by an Office
of Inspector General; and
(B) that shall include any additional
resources, information, and enhancements as the
Council determines are necessary or desirable.
(3) Participation of offices of inspectors general.--
Each Office of Inspector General that publishes an
audit report, inspection report, or evaluation report
(or portion of any such report) on the website of the
Office of Inspector General shall, or in the case of
the office of an Inspector General described in
subparagraph (I) of subsection (b)(1) may,
contemporaneously publish the report (or portion of the
report) on oversight.gov in a manner prescribed by the
Council.
(4) Effective date.--This subsection 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 subsection.
Changes in Existing Law Made by Section 3(c) of the Bill (Amending
Title 5, United States Code)
PART IV--ETHICS REQUIREMENTS
CHAPTER 131--ETHICS IN GOVERNMENT
Subchapter I--Financial Disclosure Requirements of Federal Personnel
Sec.
13101. Definitions.
13102. Administration of provisions.
13103. Persons required to file.
13104. Contents of reports.
13105. Filing of reports.
13106. Failure to file or filing false reports.
13107. Custody of and public access to reports.
13108. Review of reports.
13109. Confidential reports and other additional requirements.
13110. Authority of Comptroller General.
13111. Notice of actions taken to comply with ethics agreements.
Subchapter II--Office of Government Ethics
13121. Establishment; appointment of Director.
13122. Authority and functions.
13123. Administrative provisions.
13124. Rules and regulations.
13125. Authorization of appropriations.
13126. Reports to Congress.
Subchapter III--Limitations on Outside Earned Income and Employment
13141. Definitions.
13142. Administration.
13143. Outside earned income limitation.
13144. Limitations on outside employment.
13145. Civil penalties.
13146. Conditional termination.
Subchapter I--Financial Disclosure Requirements of Federal Personnel
Sec. 13101. Definitions
In this subchapter:
(1) Congressional ethics committees.--The term
``congressional ethics committees'' means the Select
Committee on Ethics of the Senate and the Committee on
Ethics of the House of Representatives.
(2) Dependent child.--The term ``dependent child''
means, when used with respect to any reporting
individual, any individual who is a son, daughter,
stepson, or stepdaughter and who--
(A) is unmarried and under age 21 and is
living in the household of such reporting
individual; or
(B) is a dependent of such reporting
individual within the meaning of section 152 of
the Internal Revenue Code of 1986 (26 U.S.C.
152).
(3) Designated agency ethics official.--The term
``designated agency ethics official'' means an officer
or employee who is designated to administer the
provisions of this subchapter within an agency.
(4) Executive branch.--The term ``executive branch''
includes each Executive agency (as defined in section
105 of this title), other than the Government
Accountability Office, and any other entity or
administrative unit in the executive branch.
(5) Gift.--The term ``gift'' means a payment,
advance, forbearance, rendering, or deposit of money,
or any thing of value, unless consideration of equal or
greater value is received by the donor, but does not
include--
(A) bequest and other forms of inheritance;
(B) suitable mementos of a function honoring
the reporting individual;
(C) food, lodging, transportation, and
entertainment provided by a foreign government
within a foreign country or by the United
States Government, the District of Columbia, or
a State or local government or political
subdivision thereof;
(D) food and beverages which are not consumed
in connection with a gift of overnight lodging;
(E) communications to the offices of a
reporting individual, including subscriptions
to newspapers and periodicals; or
(F) consumable products provided by home-
State businesses to the offices of a reporting
individual who is an elected official, if those
products are intended for consumption by
persons other than such reporting individual.
(6) Honoraria.--The term ``honoraria'' means the
plural of ``honorarium'' as defined in section 13141 of
this title.
(7) Income.--The term ``income'' means all income
from whatever source derived, including but not limited
to the following items: compensation for services,
including fees, commissions, and similar items; gross
income derived from business (and net income if the
individual elects to include it); gains derived from
dealings in property; interest; rents; royalties;
dividends; annuities; income from life insurance and
endowment contracts; pensions; income from discharge of
indebtedness; distributive share of partnership income;
and income from an interest in an estate or trust.
(8) Judicial conference.--The term ``Judicial
Conference'' means the Judicial Conference of the
United States.
(9) Judicial employee.--The term ``judicial
employee'' means any employee of the judicial branch of
the Government, of the United States Sentencing
Commission, of the Tax Court, of the Court of Federal
Claims, of the Court of Appeals for Veterans Claims, or
of the United States Court of Appeals for the Armed
Forces, who is not a judicial officer and who is
authorized to perform adjudicatory functions with
respect to proceedings in the judicial branch, or who
occupies a position for which the rate of basic pay is
equal to or greater than 120 percent of the minimum
rate of basic pay payable for GS-15 of the General
Schedule.
(10) Judicial officer.--The term ``judicial officer''
means the Chief Justice of the United States, the
Associate Justices of the Supreme Court, and the judges
of the United States courts of appeals, United States
district courts, including the district courts in Guam,
the Northern Mariana Islands, and the Virgin Islands,
Court of Appeals for the Federal Circuit, Court of
International Trade, Tax Court, Court of Federal
Claims, Court of Appeals for Veterans Claims, United
States Court of Appeals for the Armed Forces, and any
court created by Act of Congress, the judges of which
are entitled to hold office during good behavior.
(11) Legislative branch.--The term ``legislative
branch'' includes--
(A) the Architect of the Capitol;
(B) the Botanic Gardens;
(C) the Congressional Budget Office;
(D) the Government Accountability Office;
(E) the Government Publishing Office;
(F) the Library of Congress;
(G) the United States Capitol Police;
(H) the Office of Technology Assessment; and
(I) any other agency, entity, office, or
commission established in the legislative
branch.
(12) Member of congress.--The term ``Member of
Congress'' means a United States Senator, a
Representative in Congress, a Delegate to Congress, or
the Resident Commissioner from Puerto Rico.
(13) Officer or employee of congress.--The term
``officer or employee of Congress'' means an individual
described in subparagraph (A), (B), or (C), other than
a Member of Congress or the Vice President, whose
compensation is disbursed by the Secretary of the
Senate or the Chief Administrative Officer of the House
of Representatives. The individuals described in
subparagraphs (A), (B), and (C) are--
(A) each officer or employee of the
legislative branch (except any officer or
employee of the Government Accountability
Office) who, for at least 60 days, occupies a
position for which the rate of basic pay is
equal to or greater than 120 percent of the
minimum rate of basic pay payable for GS-15 of
the General Schedule;
(B) each officer or employee of the
Government Accountability Office who, for at
least 60 consecutive days, occupies a position
for which the rate of basic pay, minus the
amount of locality pay that would have been
authorized under section 5304 of this title
(had the officer or employee been paid under
the General Schedule) for the locality within
which the position of such officer or employee
is located (as determined by the Comptroller
General), is equal to or greater than 120
percent of the minimum rate of basic pay
payable for GS-15 of the General Schedule; and
(C) at least one principal assistant
designated for purposes of this paragraph by
each Member who does not have an employee who
occupies a position for which the rate of basic
pay is equal to or greater than 120 percent of
the minimum rate of basic pay payable for GS-15
of the General Schedule.
(14) Personal hospitality of any individual.--The
term ``personal hospitality of any individual'' means
hospitality extended for a nonbusiness purpose by an
individual, not a corporation or organization, at the
personal residence of that individual or the
individual's family or on property or facilities owned
by that individual or the individual's family.
(15) Reimbursement.--The term ``reimbursement'' means
any payment or other thing of value received by the
reporting individual, other than gifts, to cover
travel-related expenses of such individual other than
those which are--
(A) provided by the United States Government,
the District of Columbia, or a State or local
government or political subdivision thereof;
(B) required to be reported by the reporting
individual under section 7342 of this title; or
(C) required to be reported under section 304
of the Federal Election Campaign Act of 1971
(52 U.S.C. 30104).
(16) Relative.--The term ``relative'' means an
individual who is related to the reporting individual,
as father, mother, son, daughter, brother, sister,
uncle, aunt, great aunt, great uncle, first cousin,
nephew, niece, husband, wife, grandfather, grandmother,
grandson, granddaughter, father- in-law, mother-in-law,
son-in-law, daughter-in-law, brother- in-law, sister-
in-law, stepfather, stepmother, stepson, stepdaughter,
stepbrother, stepsister, half brother, half sister, or
who is the grandfather or grandmother of the spouse of
the reporting individual, and shall be deemed to
include the fiance or fiancee of the reporting
individual.
(17) Secretary concerned.--The term ``Secretary
concerned'' has the meaning set forth in section 101(a)
of title 10, and, in addition, means--
(A) the Secretary of Commerce, with respect
to matters concerning the National Oceanic and
Atmospheric Administration;
(B) the Secretary of Health and Human
Services, with respect to matters concerning
the Public Health Service; and
(C) the Secretary of State, with respect to
matters concerning the Foreign Service.
(18) Supervising ethics office.--The term
``supervising ethics office'' means--
(A) the Select Committee on Ethics of the
Senate, for Senators, officers and employees of
the Senate, and other officers or employees of
the legislative branch required to file
financial disclosure reports with the Secretary
of the Senate pursuant to section 13105(h) of
this title;
(B) the Committee on Ethics of the House of
Representatives, for Members, officers and
employees of the House of Representatives and
other officers or employees of the legislative
branch required to file financial disclosure
reports with the Clerk of the House of
Representatives pursuant to section 13105(h) of
this title;
(C) the Judicial Conference for judicial
officers and judicial employees; and
(D) the Office of Government Ethics for all
executive branch officers and employees.
(19) Value.--The term ``value'' means a good faith
estimate of the dollar value if the exact value is
neither known nor easily obtainable by the reporting
individual.
Sec. 13102. Administration of Provisions
(a) In General.--The provisions of this subchapter shall be
administered by--
(1) the Director of the Office of Government Ethics,
the designated agency ethics official, or the Secretary
concerned, as appropriate, with regard to officers and
employees described in paragraphs (1) through (8) of
section 13103(f) of this title;
(2) the Select Committee on Ethics of the Senate and
the Committee on Ethics of the House of
Representatives, as appropriate, with regard to
officers and employees described in paragraphs (9) and
(10) of section 13103(f) of this title; and
(3) the Judicial Conference in the case of an officer
or employee described in paragraphs (11) and (12) of
section 13103(f) of this title.
(b) Delegation by Judicial Conference.--The Judicial
Conference may delegate any authority it has under this
subchapter to an ethics committee established by the Judicial
Conference.
Sec. 13103. Persons Required to File
(a) Reports Filed Upon Entering a Filing Position.--Within
30 days of assuming the position of an officer or employee
described in subsection (f), an individual shall file a report
containing the information described in section 13104(b) of
this title unless the individual has left another position
described in subsection (f) within 30 days prior to assuming
such new position or has already filed a report under this
subchapter with respect to nomination for the new position or
as a candidate for the position.
(b) Reports for Nominees to Positions Requiring Senate
Confirmation.--
(1) In general.--Within 5 days of the transmittal by
the President to the Senate of the nomination of an
individual (other than an individual nominated for
appointment to a position as a Foreign Service Officer
or a grade or rank in the uniformed services for which
the pay grade prescribed by section 201 of title 37 is
O-6 or below) to a position, appointment to which
requires the advice and consent of the Senate, such
individual shall file a report containing the
information described in section 13104(b) of this
title. Such individual shall, not later than the date
of the first hearing to consider the nomination of such
individual, make current the report filed pursuant to
this paragraph by filing the information required by
section 13104(a)(1)(A) of this title with respect to
income and honoraria received as of the date which
occurs 5 days before the date of such hearing. Nothing
in this chapter shall prevent any congressional
committee from requesting, as a condition of
confirmation, any additional financial information from
any Presidential nominee whose nomination has been
referred to that committee.
(2) Public announcement of intended nomination.--An
individual whom the President or the President-elect
has publicly announced he or she intends to nominate to
a position may file the report required by paragraph
(1) at any time after that public announcement, but not
later than is required under the 1st sentence of
paragraph (1).
(c) Reports for Candidates for Elected Federal Office.--
Within 30 days of becoming a candidate as defined in section
301 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30101), in a calendar year for nomination or election to the
office of President, Vice President, or Member of Congress, or
on or before May 15 of that calendar year, whichever is later,
but in no event later than 30 days before the election, and on
or before May 15 of each successive year an individual
continues to be a candidate, an individual other than an
incumbent President, Vice President, or Member of Congress
shall file a report containing the information described in
section 13104(b) of this title. Notwithstanding the preceding
sentence, in any calendar year in which an individual continues
to be a candidate for any office but all elections for such
office relating to such candidacy were held in prior calendar
years, such individual need not file a report unless the
individual becomes a candidate for another vacancy in that
office or another office during that year.
(d) Annual Reports.--Any individual who is an officer or
employee described in subsection (f) during any calendar year
and performs the duties of the position or office for a period
in excess of 60 days in that calendar year shall file on or
before May 15 of the succeeding year a report containing the
information described in section 13104(a) of this title.
(e) Termination Reports.--Any individual who occupies a
position described in subsection (f) shall, on or before the
30th day after termination of employment in such position, file
a report containing the information described in section
13104(a) of this title covering the preceding calendar year if
the report required by subsection (d) has not been filed and
covering the portion of the calendar year in which such
termination occurs up to the date the individual left such
office or position, unless such individual has accepted
employment in another position described in subsection (f).
(f) Individuals Required To File.--The officers and
employees referred to in subsections (a), (d), and (e) are--
(1) the President;
(2) the Vice President;
(3) each officer or employee in the executive branch,
including a special Government employee, as defined in
section 202 of title 18, who occupies a position
classified above GS-15 of the General Schedule or, in
the case of positions not under the General Schedule,
for which the rate of basic pay is equal to or greater
than 120 percent of the minimum rate of basic pay
payable for GS-15 of the General Schedule; each member
of a uniformed service whose pay grade is at or in
excess of O-7 under section 201 of title 37; and each
officer or employee in any other position determined by
the Director of the Office of Government Ethics to be
of equal classification;
(4) each employee appointed pursuant to section 3105
of this title;
(5) any employee not described in paragraph (3) who
is in a position in the executive branch which is
excepted from the competitive service by reason of
being of a confidential or policymaking character,
except that the Director of the Office of Government
Ethics may, by regulation, exclude from the application
of this paragraph any individual, or group of
individuals, who are in such positions, but only in
cases in which the Director determines such exclusion
would not affect adversely the integrity of the
Government or the public's confidence in the integrity
of the Government;
(6) the Postmaster General, the Deputy Postmaster
General, each Governor of the Board of Governors of the
United States Postal Service and each officer or
employee of the United States Postal Service or Postal
Regulatory Commission who occupies a position for which
the rate of basic pay is equal to or greater than 120
percent of the minimum rate of basic pay payable for
GS-15 of the General Schedule;
(7) the Director of the Office of Government Ethics
and each designated agency ethics official;
(8) any civilian employee not described in paragraph
(3), employed in the Executive Office of the President
(other than a special Government employee) who holds a
commission of appointment from the President;
(9) a Member of Congress as defined in section 13101
of this title;
(10) an officer or employee of the Congress as
defined in section 13101 of this title;
(11) a judicial officer as defined in section 13101
of this title; and
(12) a judicial employee as defined in section 13101
of this title.
(g) Extensions of Time for Filing.--
(1) In general.--Reasonable extensions of time for
filing any report may be granted under procedures
prescribed by the supervising ethics office for each
branch, but the total of such extensions shall not
exceed 90 days.
(2) Armed forces.--
(A) Combat zone.--In the case of an
individual who is serving in the Armed Forces,
or serving in support of the Armed Forces, in
an area while that area is designated by the
President by Executive order as a combat zone
for purposes of section 112 of the Internal
Revenue Code of 1986 (26 U.S.C. 112), the date
for the filing of any report shall be extended
so that the date is 180 days after the later
of--
(i) the last day of the individual's
service in such area during such
designated period; or
(ii) the last day of the individual's
hospitalization as a result of injury
received or disease contracted while
serving in such area.
(B) Procedures.--The Office of Government
Ethics, in consultation with the Secretary of
Defense, may prescribe procedures under this
paragraph.
(h) Exceptions.--The provisions of subsections (a), (b),
and (e) shall not apply to an individual who, as determined by
the designated agency ethics official or Secretary concerned
(or in the case of a Presidential appointee under subsection
(b), the Director of the Office of Government Ethics), the
congressional ethics committees, or the Judicial Conference, is
not reasonably expected to perform the duties of the
individual's office or position for more than 60 days in a
calendar year, except that if such individual performs the
duties of the office or position for more than 60 days in a
calendar year--
(1) the report required by subsections (a) and (b)
shall be filed within 15 days of the 60th day; and
(2) the report required by subsection (e) shall be
filed as provided in that subsection.
(i) Request for Waiver.--The supervising ethics office for
each branch may grant a publicly available request for a waiver
of any reporting requirement under this section for an
individual who is expected to perform or has performed the
duties of the individual's office or position less than 130
days in a calendar year, but only if the supervising ethics
office determines that--
(1) such individual is not a full-time employee of
the Government;
(2) such individual is able to provide services
specially needed by the Government;
(3) it is unlikely that the individual's outside
employment or financial interests will create a
conflict of interest; and
(4) public financial disclosure by such individual is
not necessary in the circumstances.
Sec. 13104. Contents of Reports
(a) Annual and Termination Reports.--Each report filed
pursuant to section 13103(d) and (e) of this title shall
include a full and complete statement with respect to the
following:
(1) Income.--
(A) In general.--The source, type, and amount
or value of income (other than income referred
to in subparagraph (B)) from any source (other
than from current employment by the United
States Government), and the source, date, and
amount of honoraria from any source, received
during the preceding calendar year, aggregating
$200 or more in value and, effective January 1,
1991, the source, date, and amount of payments
made to charitable organizations in lieu of
honoraria, and the reporting individual shall
simultaneously file with the applicable
supervising ethics office, on a confidential
basis, a corresponding list of recipients of
all such payments, together with the dates and
amounts of such payments.
(B) Dividends, rents, interest, and capital
gains.-- The source and type of income which
consists of dividends, rents, interest, and
capital gains, received during the preceding
calendar year which exceeds $200 in amount or
value, and an indication of which of the
following categories the amount or value of
such item of income is within--
(i) not more than $1,000;
(ii) greater than $1,000 but not more
than $2,500;
(iii) greater than $2,500 but not
more than $5,000;
(iv) greater than $5,000 but not more
than $15,000;
(v) greater than $15,000 but not more
than $50,000;
(vi) greater than $50,000 but not
more than $100,000;
(vii) greater than $100,000 but not
more than $1,000,000;
(viii) greater than $1,000,000 but
not more than $5,000,000; or
(ix) greater than $5,000,000.
(2) Gifts and reimbursements.--
(A) Gifts.--The identity of the source, a
brief description, and the value of all gifts
aggregating more than the minimal value as
established by section 7342(a)(5) of this
title, or $250, whichever is greater, received
from any source other than a relative of the
reporting individual during the preceding
calendar year, except that any food, lodging,
or entertainment received as personal
hospitality of an individual need not be
reported, and any gift with a fair market value
of $100 or less, as adjusted at the same time
and by the same percentage as the minimal value
is adjusted, need not be aggregated for
purposes of this subparagraph.
(B) Reimbursements.--The identity of the
source and a brief description (including a
travel itinerary, dates, and nature of expenses
provided) of reimbursements received from any
source aggregating more than the minimal value
as established by section 7342(a)(5) of this
title, or $250, whichever is greater, and
received during the preceding calendar year.
(C) Waiver.--In an unusual case, a gift need
not be aggregated under subparagraph (A) if a
publicly available request for a waiver is
granted.
(3) Interests in property.--The identity and category
of value of any interest in property held during the
preceding calendar year in a trade or business, or for
investment or the production of income, which has a
fair market value which exceeds $1,000 as of the close
of the preceding calendar year, excluding any personal
liability owed to the reporting individual by a spouse
or by a parent, brother, sister, or child of the
reporting individual or of the reporting individual's
spouse, or any deposits aggregating $5,000 or less in a
personal savings account. For purposes of this
paragraph, a personal savings account shall include any
certificate of deposit or any other form of deposit in
a bank, savings and loan association, credit union, or
similar financial institution.
(4) Liabilities.--The identity and category of value
of the total liabilities owed to any creditor other
than a spouse, or a parent, brother, sister, or child
of the reporting individual or of the reporting
individual's spouse which exceed $10,000 at any time
during the preceding calendar year, excluding--
(A) any mortgage secured by real property
which is a personal residence of the reporting
individual or the individual's spouse, except
that this exception shall not apply to a
reporting individual--
(i) described in paragraph (1), (2),
or (9) of 13103(f) of this title;
(ii) described in section 13103(b) of
this title who has been nominated for
appointment as an officer or employee
in the executive branch described in
subsection (f) of that section, other
than--
(I) an individual appointed
to a position--
(aa) as a Foreign
Service Officer below
the rank of ambassador;
or
(bb) in the uniformed
services for which the
pay grade prescribed by
section 201 of title 37
is O-6 or below; or
(II) a special Government
employee, as defined under
section 202 of title 18; or
(iii) described in section 13103(f)
of this title who is in a position in
the executive branch the appointment to
which is made by the President and
requires advice and consent of the
Senate, other than--
(I) an individual appointed
to a position--
(aa) as a Foreign
Service Officer below
the rank of ambassador;
or
(bb) in the uniformed
services for which the
pay grade prescribed by
section 201 of title 37
is O-6 or below; or
(II) a special Government
employee, as defined under
section 202 of title 18; and
(B) any loan secured by a personal motor
vehicle, household furniture, or appliances,
which loan does not exceed the purchase price
of the item which secures it.
With respect to revolving charge accounts, only those
with an outstanding liability which exceeds $10,000 as
of the close of the preceding calendar year need be
reported under this paragraph.
(5) Transactions.--Except as provided in this
paragraph, a brief description, the date, and category
of value of any purchase, sale or exchange during the
preceding calendar year which exceeds $1,000--
(A) in real property, other than property
used solely as a personal residence of the
reporting individual or the individual's
spouse; or
(B) in stocks, bonds, commodities futures,
and other forms of securities.
Reporting is not required under this paragraph of any
transaction solely by and between the reporting
individual, the individual's spouse, or dependent
children.
(6) Positions with outside entities and major sources
of compensation.--
(A) Positions with outside entities.--The
identity of all positions held on or before the
date of filing during the current calendar year
(and, for the first report filed by an
individual, during the 2-year period preceding
such calendar year) as an officer, director,
trustee, partner, proprietor, representative,
employee, or consultant of any corporation,
company, firm, partnership, or other business
enterprise, any nonprofit organization, any
labor organization, or any educational or other
institution other than the United States. This
subparagraph shall not require the reporting of
positions held in any religious, social,
fraternal, or political entity and positions
solely of an honorary nature.
(B) Major sources of compensation.--If any
person, other than the United States
Government, paid a nonelected reporting
individual compensation in excess of $5,000 in
any of the 2 calendar years prior to the
calendar year during which the individual files
the individual's first report under this
chapter, the individual shall include in the
report--
(i) the identity of each source of
such compensation; and
(ii) a brief description of the
nature of the duties performed or
services rendered by the reporting
individual for each such source.
The preceding sentence shall not require any individual
to include in such report any information which is
considered confidential as a result of a privileged
relationship, established by law, between such
individual and any person, nor shall it require an
individual to report any information with respect to
any person for whom services were provided by any firm
or association of which such individual was a member,
partner, or employee unless such individual was
directly involved in the provision of such services.
(7) Agreements or arrangements relating to other
employment.--A description of the date, parties to, and
terms of any agreement or arrangement with respect to--
(A) future employment;
(B) a leave of absence during the period of
the reporting individual's Government service;
(C) continuation of payments by a former
employer other than the United States
Government; and
(D) continuing participation in an employee
welfare or benefit plan maintained by a former
employer.
(8) Qualified blind trusts.--The category of the
total cash value of any interest of the reporting
individual in a qualified blind trust, unless the trust
instrument was executed prior to July 24, 1995, and
precludes the beneficiary from receiving information on
the total cash value of any interest in the qualified
blind trust.
(b) Reports for New Employees, Nominees, and Candidates.--
(1) In general.--Each report filed pursuant to
subsections (a), (b), and (c) of section 13103 of this
title shall include a full and complete statement with
respect to the information required by--
(A) paragraph (1) of subsection (a) for the
year of filing and the preceding calendar year;
(B) paragraphs (3) and (4) of subsection (a)
as of the date specified in the report but
which is less than 31 days before the filing
date; and
(C) paragraphs (6) and (7) of subsection (a)
as of the filing date but for periods described
in such paragraphs.
(2) Alternatives for reporting.--
(A) Formats.--In lieu of filling out one or
more schedules of a financial disclosure form,
an individual may supply the required
information in an alternative format, pursuant
to either rules adopted by the supervising
ethics office for the branch in which such
individual serves or pursuant to a specific
written determination by such office for a
reporting individual.
(B) Amounts.--In lieu of indicating the
category of amount or value of any item
contained in any report filed under this
subchapter, a reporting individual may indicate
the exact dollar amount of such item.
(c) Report After Termination of Employment.--In the case of
any individual described in section 13103(e) of this title, any
reference to the preceding calendar year shall be considered
also to include that part of the calendar year of filing up to
the date of the termination of employment.
(d) Categories for Reporting Amounts or Values.--
(1) Paragraphs (3), (4), (5), and (8) of subsection
(a).--The categories for reporting the amount or value
of the items covered in paragraphs (3), (4), (5), and
(8) of subsection (a) are--
(A) not more than $15,000;
(B) greater than $15,000 but not more than
$50,000;
(C) greater than $50,000 but not more than
$100,000;
(D) greater than $100,000 but not more than
$250,000;
(E) greater than $250,000 but not more than
$500,000;
(F) greater than $500,000 but not more than
$1,000,000;
(G) greater than $1,000,000 but not more than
$5,000,000;
(H) greater than $5,000,000 but not more than
$25,000,000;
(I) greater than $25,000,000 but not more
than $50,000,000; and
(J) greater than $50,000,000.
(2) Valuation of interests in real property.--For the
purposes of paragraph (3) of subsection (a), if the
current value of an interest in real property (or an
interest in a real estate partnership) is not
ascertainable without an appraisal, an individual may
list (A) the date of purchase and the purchase price of
the interest in the real property, or (B) the assessed
value of the real property for tax purposes, adjusted
to reflect the market value of the property used for
the assessment if the assessed value is computed at
less than 100 percent of such market value, but such
individual shall include in his or her report a full
and complete description of the method used to
determine such assessed value, instead of specifying a
category of value pursuant to paragraph (1) of this
subsection. If the current value of any other item
required to be reported under paragraph (3) of
subsection (a) is not ascertainable without an
appraisal, such individual may list the book value of a
corporation whose stock is not publicly traded, the net
worth of a business partnership, the equity value of an
individually owned business, or with respect to other
holdings, any recognized indication of value, but such
individual shall include in his or her report a full
and complete description of the method used in
determining such value. In lieu of any value referred
to in the preceding sentence, an individual may list
the assessed value of the item for tax purposes,
adjusted to reflect the market value of the item used
for the assessment if the assessed value is computed at
less than 100 percent of such market value, but a full
and complete description of the method used in
determining such assessed value shall be included in
the report.
(e) Reporting Information Relating to Spouse or Dependent
Child.--
(1) In general.--Except as provided in the last
sentence of this paragraph, each report required by
section 13103 of this title shall also contain
information listed in paragraphs (1) through (5) of
subsection (a) of this section respecting the spouse or
dependent child of the reporting individual as follows:
(A) Source of earned income and honoraria.--
The source of items of earned income earned by
a spouse from any person which exceed $1,000
and the source and amount of any honoraria
received by a spouse, except that, with respect
to earned income (other than honoraria), if the
spouse is self-employed in business or a
profession, only the nature of such business or
profession need be reported.
(B) Dividends, rents, interest, and capital
gains.-- All information required to be
reported in subsection (a) (1)(B) with respect
to income derived by a spouse or dependent
child from any asset held by the spouse or
dependent child and reported pursuant to
subsection (a)(3).
(C) Gifts.--In the case of any gifts received
by a spouse or dependent child which are not
received totally independent of the
relationship of the spouse or dependent child
to the reporting individual, the identity of
the source and a brief description of gifts of
transportation, lodging, food, or entertainment
and a brief description and the value of other
gifts.
(D) Reimbursements.--In the case of any
reimbursements received by a spouse or
dependent child which are not received totally
independent of the relationship of the spouse
or dependent child to the reporting individual,
the identity of the source and a brief
description of each such reimbursement.
(E) Interests in property, liabilities, and
transactions.--In the case of items described
in paragraphs (3) through (5) of subsection
(a), all information required to be reported
under these paragraphs other than items (i)
which the reporting individual certifies
represent the spouse's or dependent child's
sole financial interest or responsibility and
which the reporting individual has no knowledge
of, (ii) which are not in any way, past or
present, derived from the income, assets, or
activities of the reporting individual, and
(iii) from which the reporting individual
neither derives, nor expects to derive, any
financial or economic benefit.
(F) Amounts or values greater than
$1,000,000.--For purposes of this section,
categories with amounts or values greater than
$1,000,000 set forth in subsection (a)(1)(B)
and subsection (d)(1) shall apply to the
income, assets, or liabilities of spouses and
dependent children only if the income, assets,
or liabilities are held jointly with the
reporting individual. All other income, assets,
or liabilities of the spouse or dependent
children required to be reported under this
section in an amount or value greater than
$1,000,000 shall be categorized only as an
amount or value greater than $1,000,000.
Reports required by subsections (a), (b), and (c) of
section 13103 of this title shall, with respect to the
spouse and dependent child of the reporting individual,
contain only information listed in paragraphs (1), (3),
and (4) of subsection (a), as specified in this
paragraph.
(2) Separated spouse.--No report shall be required
with respect to a spouse living separate and apart from
the reporting individual with the intention of
terminating the marriage or providing for permanent
separation; or with respect to any income or
obligations of an individual arising from the
dissolution of the individual's marriage or the
permanent separation from the individual's spouse.
(f) Trusts and Other Financial Arrangements.--
(1) In general.--Except as provided in paragraph (2),
each reporting individual shall report the information
required to be reported pursuant to subsections (a),
(b), and (c) of this section with respect to the
holdings of and the income from a trust or other
financial arrangement from which income is received by,
or with respect to which a beneficial interest in
principal or income is held by, such individual, the
individual's spouse, or any dependent child.
(2) Exceptions.--A reporting individual need not
report the holdings of or the source of income from any
of the holdings of--
(A) any qualified blind trust (as defined in
paragraph (3));
(B) a trust--
(i) which was not created directly by
such individual, the individual's
spouse, or any dependent child; and
(ii) the holdings or sources of
income of which such individual, the
individual's spouse, and any dependent
child have no knowledge; or
(C) an entity described under the provisions
of paragraph (8);
but such individual shall report the category of the
amount of income received by the individual, the
individual's spouse, or any dependent child from the
trust or other entity under subsection (a)(1)(B).
(3) Definition of qualified blind trust.--For
purposes of this subsection, the term ``qualified blind
trust'' includes any trust in which a reporting
individual, the individual's spouse, or any minor or
dependent child has a beneficial interest in the
principal or income, and which meets the following
requirements:
(A) Trustee.--
(i) The trustee of the trust and any
other entity designated in the trust
instrument to perform fiduciary duties
is a financial institution, an
attorney, a certified public
accountant, a broker, or an investment
advisor who--
(I) is independent of and not
associated with any interested
party so that the trustee or
other person cannot be
controlled or influenced in the
administration of the trust by
any interested party; and
(II) is not and has not been
an employee of or affiliated
with any interested party and
is not a partner of, or
involved in any joint venture
or other investment with, any
interested party; and
(III) is not a relative of
any interested party.
(ii) Any officer or employee of a
trustee or other entity who is involved
in the management or control of the
trust--
(I) is independent of and not
associated with any interested
party so that such officer or
employee cannot be controlled
or influenced in the
administration of the trust by
any interested party;
(II) is not a partner of, or
involved in any joint venture
or other investment with, any
interested party; and
(III) is not a relative of
any interested party.
(B) Transferred asset.--Any asset transferred
to the trust by an interested party is free of
any restriction with respect to its transfer or
sale unless such restriction is expressly
approved by the supervising ethics office of
the reporting individual.
(C) Trust instrument.--The trust instrument
which establishes the trust provides that--
(i) except to the extent provided in
subparagraph (B) of this paragraph, the
trustee in the exercise of the
trustee's authority and discretion to
manage and control the assets of the
trust shall not consult or notify any
interested party;
(ii) the trust shall not contain any
asset the holding of which by an
interested party is prohibited by any
law or regulation;
(iii) the trustee shall promptly
notify the reporting individual and the
reporting individual's supervising
ethics office when the holdings of any
particular asset transferred to the
trust by any interested party are
disposed of or when the value of such
holding is less than $1,000;
(iv) the trust tax return shall be
prepared by the trustee or the
trustee's designee, and such return and
any information relating thereto (other
than the trust income summarized in
appropriate categories necessary to
complete an interested party's tax
return) shall not be disclosed to any
interested party;
(v) an interested party shall not
receive any report on the holdings and
sources of income of the trust, except
a report at the end of each calendar
quarter with respect to the total cash
value of the interest of the interested
party in the trust or the net income or
loss of the trust or any reports
necessary to enable the interested
party to complete an individual tax
return required by law or to provide
the information required by subsection
(a)(1) of this section, but such report
shall not identify any asset or
holding;
(vi) except for communications which
solely consist of requests for
distributions of cash or other
unspecified assets of the trust, there
shall be no direct or indirect
communication between the trustee and
an interested party with respect to the
trust unless such communication is in
writing and unless it relates only (I)
to the general financial interest and
needs of the interested party
(including, but not limited to, an
interest in maximizing income or long-
term capital gain), (II) to the
notification of the trustee of a law or
regulation subsequently applicable to
the reporting individual which
prohibits the interested party from
holding an asset, which notification
directs that the asset not be held by
the trust, or (III) to directions to
the trustee to sell all of an asset
initially placed in the trust by an
interested party which in the
determination of the reporting
individual creates a conflict of
interest or the appearance thereof due
to the subsequent assumption of duties
by the reporting individual (but
nothing herein shall require any such
direction); and
(vii) the interested parties shall
make no effort to obtain information
with respect to the holdings of the
trust, including obtaining a copy of
any trust tax return filed or any
information relating thereto except as
otherwise provided in this subsection.
(D) Approval by supervising ethics office.--
The proposed trust instrument and the proposed
trustee are approved by the reporting
individual's supervising ethics office.
(E) Definitions.--For purposes of this
subsection, ``interested party'' means a
reporting individual, the individual's spouse,
and any minor or dependent child; ``broker''
has the meaning set forth in section 3(a)(4) of
the Securities Exchange Act of 1934 (15 U.S.C.
78c(a) (4)); and ``investment adviser''
includes any investment adviser who, as
determined under regulations prescribed by the
supervising ethics office, is generally
involved in the role as such an adviser in the
management or control of trusts.
(F) Trust qualified before effective date of
title ii of ethics reform act of 1989.--Any
trust qualified by a supervising ethics office
before the effective date of title II of the
Ethics Reform Act of 1989 shall continue to be
governed by the law and regulations in effect
immediately before such effective date.
(4) Trust asset considered financial interest.--
(A) In general.--An asset placed in a trust
by an interested party shall be considered a
financial interest of the reporting individual,
for the purposes of any applicable conflict of
interest statutes, regulations, or rules of the
Federal Government (including section 208 of
title 18), until such time as the reporting
individual is notified by the trustee that such
asset has been disposed of, or has a value of
less than $1,000.
(B) Exception.--
(i) The provisions of subparagraph
(A) shall not apply with respect to a
trust created for the benefit of a
reporting individual, or the spouse,
dependent child, or minor child of such
a person, if the supervising ethics
office for such reporting individual
finds that--
(I) the assets placed in the
trust consist of a well-
diversified portfolio of
readily marketable securities;
(II) none of the assets
consist of securities of
entities having substantial
activities in the area of the
reporting individual's primary
area of responsibility;
(III) the trust instrument
prohibits the trustee,
notwithstanding the provisions
of paragraphs (3)(C)(iii) and
(iv) of this subsection, from
making public or informing any
interested party of the sale of
any securities;
(IV) the trustee is given
power of attorney,
notwithstanding the provisions
of paragraph (3)(C)(v) of this
subsection, to prepare on
behalf of any interested party
the personal income tax returns
and similar returns which may
contain information relating to
the trust; and
(V) except as otherwise
provided in this paragraph, the
trust instrument provides (or
in the case of a trust
established prior to the
effective date of this Act
which by its terms does not
permit amendment, the trustee,
the reporting individual, and
any other interested party
agree in writing) that the
trust shall be administered in
accordance with the
requirements of this subsection
and the trustee of such trust
meets the requirements of
paragraph (3)(A).
(ii) In any instance covered by this
subparagraph in which the reporting
individual is an individual whose
nomination is being considered by a
congressional committee, the reporting
individual shall inform the
congressional committee considering the
individual's nomination before or
during the period of such individual's
confirmation hearing of the
individual's intention to comply with
this paragraph.
(5) Notification.--
(A) Copies.--The reporting individual shall,
within 30 days after a qualified blind trust is
approved by the individual's supervising ethics
office, file with such office a copy of--
(i) the executed trust instrument of
such trust (other than those provisions
which relate to the testamentary
disposition of the trust assets); and
(ii) a list of the assets which were
transferred to such trust, including
the category of value of each asset as
determined under subsection (d) of this
section.
This subparagraph shall not apply with respect
to a trust meeting the requirements for being
considered a qualified blind trust under
paragraph (7) of this subsection.
(B) Transfer of asset.--The reporting
individual shall, within 30 days of
transferring an asset (other than cash) to a
previously established qualified blind trust,
notify the individual's supervising ethics
office of the identity of each such asset and
the category of value of each asset as
determined under subsection (d) of this
section.
(C) Dissolution.--Within 30 days of the
dissolution of a qualified blind trust, a
reporting individual shall--
(i) notify the individual's
supervising ethics office of such
dissolution; and
(ii) file with such office a copy of
a list of the assets of the trust at
the time of such dissolution and the
category of value under subsection (d)
of this section of each such asset.
(D) Documents available to public.--Documents
filed under subparagraphs (A), (B), and (C) of
this paragraph and the lists provided by the
trustee of assets placed in the trust by an
interested party which have been sold shall be
made available to the public in the same manner
as a report is made available under section
13107 of this title, and the provisions of that
section shall apply with respect to such
documents and lists.
(E) Copy of written communication.--A copy of
each written communication with respect to the
trust under paragraph (3)(C)(vi) shall be filed
by the person initiating the communication with
the reporting individual's supervising ethics
office within 5 days of the date of the
communication.
(6) Prohibitions.--
(A) Trustees.--A trustee of a qualified blind
trust shall not knowingly and willfully, or
negligently--
(i) disclose any information to an
interested party with respect to such
trust that may not be disclosed under
paragraph (3) of this subsection;
(ii) acquire any holding the
ownership of which is prohibited by the
trust instrument;
(iii) solicit advice from any
interested party with respect to such
trust, which solicitation is prohibited
by paragraph (3) of this subsection or
the trust agreement; or
(iv) fail to file any document
required by this subsection.
(B) Reporting individuals.--A reporting
individual shall not knowingly and willfully,
or negligently--
(i) solicit or receive any
information with respect to a qualified
blind trust of which the reporting
individual is an interested party that
may not be disclosed under paragraph
(3)(C) of this subsection; or
(ii) fail to file any document
required by this subsection.
(C) Civil actions for violations.--
(i) Knowing and willful violations.--
The Attorney General may bring a civil
action in any appropriate United States
district court against any individual
who knowingly and willfully violates
the provisions of subparagraph (A) or
(B) of this paragraph. The court in
which such action is brought may assess
against such individual a civil penalty
in any amount not to exceed $10,000.
(ii) Negligent violations.--The
Attorney General may bring a civil
action in any appropriate United States
district court against any individual
who negligently violates the provisions
of subparagraph (A) or (B) of this
paragraph. The court in which such
action is brought may assess against
such individual a civil penalty in any
amount not to exceed $5,000.
(7) Trust considered to be qualified blind trust.--
Any trust may be considered to be a qualified blind
trust if--
(A) the trust instrument is amended to comply
with the requirements of paragraph (3) or, in
the case of a trust instrument which does not
by its terms permit amendment, the trustee, the
reporting individual, and any other interested
party agree in writing that the trust shall be
administered in accordance with the
requirements of this subsection and the trustee
of such trust meets the requirements of
paragraph (3)(A); except that in the case of
any interested party who is a dependent child,
a parent or guardian of such child may execute
the agreement referred to in this subparagraph;
(B) a copy of the trust instrument (except
testamentary provisions) and a copy of the
agreement referred to in subparagraph (A), and
a list of the assets held by the trust at the
time of approval by the supervising ethics
office, including the category of value of each
asset as determined under subsection (d) of
this section, are filed with such office and
made available to the public as provided under
paragraph (5)(D) of this subsection; and
(C) the supervising ethics office determines
that approval of the trust arrangement as a
qualified blind trust is in the particular case
appropriate to assure compliance with
applicable laws and regulations.
(8) Excepted investment funds.--A reporting
individual shall not be required to report the
financial interests held by a widely held investment
fund (whether such fund is a mutual fund, regulated
investment company, pension or deferred compensation
plan, or other investment fund)--
(A) if--
(i) the fund is publicly traded; or
(ii) the assets of the fund are
widely diversified; and
(B) if the reporting individual neither
exercises control over nor has the ability to
exercise control over the financial interests
held by the fund.
(g) Political Campaign Funds.--Political campaign funds,
including campaign receipts and expenditures, need not be
included in any report filed pursuant to this subchapter.
(h) Gifts And Reimbursements Received While Individual
Not Officer or Employee of Federal Government.--A report filed
pursuant to subsection (a), (d), or (e) of section 13103 of
this title need not contain the information described in
subparagraphs (A), (B), and (C) of subsection (a)(2) with
respect to gifts and reimbursements received in a period when
the reporting individual was not an officer or employee of the
Federal Government.
(i) Non-Reportable Retirement Benefits.--A reporting
individual shall not be required under this subchapter to
report--
(1) financial interests in or income derived from--
(A) any retirement system under this title
(including the Thrift Savings Plan under
subchapter III of chapter 84 of this title); or
(B) any other retirement system maintained by
the United States for officers or employees of
the United States, including the President, or
for members of the uniformed services; or
(2) benefits received under the Social
Security Act (42 U.S.C. 301 et seq.).
Sec. 13105. Filing of Reports
(a) Reports Filed With Designated Agency Ethics Official.--
Except as otherwise provided in this section, the reports
required under this subchapter shall be filed by the reporting
individual with the designated agency ethics official at the
agency by which the reporting individual is employed (or in the
case of an individual described in section 13103(e) of this
title, was employed) or in which the individual will serve. The
date any report is received (and the date of receipt of any
supplemental report) shall be noted on such report by the
designated agency ethics official.
(b) Reports Filed With Director of Office of Government
Ethics.--The President, the Vice President, and independent
counsel and persons appointed by independent counsel under
chapter 40 of title 28, shall file reports required under this
subchapter with the Director of the Office of Government
Ethics.
(c) Copies of Reports Transmitted to the Office of
Government Ethics.--Copies of the reports required to be filed
under this subchapter by the Postmaster General, the Deputy
Postmaster General, the Governors of the Board of Governors of
the United States Postal Service, designated agency ethics
officials, employees described in section 105(a)(2)(A) or (B),
106(a) (1)(A) or (B), or 107(a)(1)(A) or (b)(1)(A)(i) of title
3, candidates for the office of President or Vice President and
officers and employees in (and nominees to) offices or
positions which require confirmation by the Senate or by both
Houses of Congress other than individuals nominated to be
judicial officers and those referred to in subsection (f) shall
be transmitted to the Director of the Office of Government
Ethics. The Director shall forward a copy of the report of each
nominee to the congressional committee considering the
nomination.
(d) Availability to Public.--Reports required to be filed
under this subchapter by the Director of the Office of
Government Ethics shall be filed in the Office of Government
Ethics and, immediately after being filed, shall be made
available to the public in accordance with this subchapter.
(e) Reports Filed With Federal Election Commission.--Each
individual identified in section 13103(c) of this title who is
a candidate for nomination or election to the Office of
President or Vice President shall file the reports required by
this subchapter with the Federal Election Commission.
(f) Reports Filed With Secretary Concerned.--Reports
required of members of the uniformed services shall be filed
with the Secretary concerned.
(g) Forms for Reporting.--Each supervising ethics office
shall develop and make available forms for reporting the
information required by this subchapter.
(h) Reports Filed by Certain Government Officials.--
(1) Officials with whom reports are filed.--
(A) Reports by members and staff of
congress.--
(i) In general.--
(I) Reports filed with clerk
of the house of
representatives.--The reports
required under this subchapter
shall be filed by a reporting
individual with the Clerk of
the House of Representatives,
in the case of a Representative
in Congress, a Delegate to
Congress, the Resident
Commissioner from Puerto Rico,
an officer or employee of the
Congress whose compensation is
disbursed by the Chief
Administrative Officer of the
House of Representatives, an
officer or employee of the
Architect of the Capitol, the
United States Capitol Police,
the United States Botanic
Garden, the Congressional
Budget Office, the Government
Publishing Office, the Library
of Congress, or the Copyright
Royalty Tribunal (including any
individual terminating service,
under section 13103(e) of this
title, in any office or
position referred to in this
subclause), or an individual
described in section 13103(c)
of this title who is a
candidate for nomination or
election as a Representative in
Congress, a Delegate to
Congress, or the Resident
Commissioner from Puerto Rico.
(II) Reports filed with
secretary of the senate.--The
reports required under this
subchapter shall be filed by a
reporting individual with the
Secretary of the Senate, in the
case of a Senator, an officer
or employee of the Congress
whose compensation is disbursed
by the Secretary of the Senate,
an officer or employee of the
Government Accountability
Office, the Office of
Technology Assessment, or the
Office of the Attending
Physician (including any
individual terminating service,
under section 13103(e) of this
title, in any office or
position referred to in this
subclause), or an individual
described in section 13103(c)
of this title who is a
candidate for nomination or
election as a Senator.
(ii) Other reports.--In the case of
an officer or employee of the Congress
as described under section 13103(f)(10)
of this title who is employed by an
agency or commission established in the
legislative branch after November 30,
1989, the reports required under this
subchapter shall be filed by a
reporting individual with--
(I) the Secretary of the
Senate or the Clerk of the
House of Representatives, as
the case may be, as designated
in the statute establishing
such agency or commission; or
(II) if such statute does not
designate such committee, the
Secretary of the Senate for
agencies and commissions
established in even numbered
calendar years, and the Clerk
of the House of Representatives
for agencies and commissions
established in odd numbered
calendar years.
(B) Reports filed with judicial conference.--
The reports required under this subchapter
shall be filed by a reporting individual with
the Judicial Conference with regard to a
judicial officer or employee described under
paragraphs (11) and (12) of section 13103(f) of
this title (including individuals terminating
service in such office or position under
section 13103(e) of this title or immediately
preceding service in such office or position).
(2) Date report received.--The date any report is
received (and the date of receipt of any supplemental
report) shall be noted on such report by such
committee.
(i) Copies of Reports to State Officers.--
(1) In general.--A copy of each report filed under
this subchapter by a Member or an individual who is a
candidate for the office of Member shall be sent by the
Clerk of the House of Representatives or Secretary of
the Senate, as the case may be, to the appropriate
State officer designated under section 312(a) of the
Federal Election Campaign Act of 1971 (52 U.S.C.
30113(a)) of the State represented by the Member or in
which the individual is a candidate, as the case may
be, within the 30-day period beginning on the day the
report is filed with the Clerk or Secretary.
(2) Exception for electronically filed reports.--The
requirements of paragraph (1) do not apply to any
report filed under this subchapter which is filed
electronically and for which there is online public
access, in accordance with the systems developed by the
Secretary and Sergeant at Arms of the Senate and the
Clerk of the House of Representatives under section
8(b) of the STOCK Act.
(j) Copies of Reports to Ethics Committees.--
(1) House of representatives.--A copy of each report
filed under this subchapter with the Clerk of the House
of Representatives shall be sent by the Clerk to the
Committee on Ethics of the House of Representatives
within the 7-day period beginning on the day the report
is filed.
(2) Senate.--A copy of each report filed under this
subchapter with the Secretary of the Senate shall be
sent by the Secretary to the Select Committee on Ethics
of the Senate within the 7-day period beginning on the
day the report is filed.
(k) Assistance of Federal Election Commission.--In carrying
out their responsibilities under this subchapter with respect
to candidates for office, the Clerk of the House of
Representatives and the Secretary of the Senate shall avail
themselves of the assistance of the Federal Election
Commission. The Commission shall make available to the Clerk
and the Secretary on a regular basis a complete list of names
and addresses of all candidates registered with the Commission,
and shall cooperate and coordinate its candidate information
and notification program with the Clerk and the Secretary to
the greatest extent possible.
(l) Periodic Transaction Reports.--Not later than 30 days
after receiving notification of any transaction required to be
reported under section 13104(a)(5)(B of this title, but in no
case later than 45 days after such transaction, the following
persons, if required to file a report under any subsection of
section 13103 of this title, subject to any waivers and
exclusions, shall file a report of the transaction:
(1) The President.
(2) The Vice President.
(3) Each officer or employee in the executive branch,
including a special Government employee as defined in
section 202 of title 18, who occupies a position
classified above GS-15 of the General Schedule or, in
the case of positions not under the General Schedule,
for which the rate of basic pay is equal to or greater
than 120 percent of the minimum rate of basic pay
payable for GS--15 of the General Schedule; each member
of a uniformed service whose pay grade is at or in
excess of O-7 under section 201 of title 37; and each
officer or employee in any other position determined by
the Director of the Office of Government Ethics to be
of equal classification.
(4) Each employee appointed pursuant to section 3105
of this title.
(5) Any employee not described in paragraph (3) who
is in a position in the executive branch which is
excepted from the competitive service by reason of
being of a confidential or policymaking character,
except that the Director of the Office of Government
Ethics may, by regulation, exclude from the application
of this paragraph any individual, or group of
individuals, who are in such positions, but only in
cases in which the Director determines such exclusion
would not affect adversely the integrity of the
Government or the public's confidence in the integrity
of the Government.
(6) The Postmaster General, the Deputy Postmaster
General, each Governor of the Board of Governors of the
United States Postal Service and each officer or
employee of the United States Postal Service or Postal
Regulatory Commission who occupies a position for which
the rate of basic pay is equal to or greater than 120
percent of the minimum rate of basic pay payable for
GS-15 of the General Schedule.
(7) The Director of the Office of Government Ethics
and each designated agency ethics official.
(8) Any civilian employee not described in paragraph
(3), employed in the Executive Office of the President
(other than a special Government employee as defined in
section 202 of title 18) who holds a commission of
appointment from the President.
(9) A Member of Congress, as defined under section
13101 of this title.
(10) An officer or employee of the Congress, as
defined under section 13101 of this title.
Sec. 13106. Failure to File or Filing False Reports
(a) Violation.--
(1) Civil actions.--The Attorney General may bring a
civil action in any appropriate United States district
court against any individual who knowingly and
willfully falsifies or who knowingly and willfully
fails to file or report any information that such
individual is required to report pursuant to section
13104 of this title. The court in which such action is
brought may assess against such individual a civil
penalty in any amount, not to exceed $50,000.
(2) Violations and penalties.--
(A) Violations.--It shall be unlawful for any
person to knowingly and willfully--
(i) falsify any information that such
person is required to report under
section 13104 of this title; and
(ii) fail to file or report any
information that such person is
required to report under section 13104
of this title.
(B) Penalties.--Any person who--
(i) violates subparagraph (A)(i)
shall be fined under title 18,
imprisoned for not more than 1 year, or
both; and
(ii) violates subparagraph (A)(ii)
shall be fined under title 18.
(b) Referral to Attorney General.--The head of each agency,
each Secretary concerned, the Director of the Office of
Government Ethics, each congressional ethics committee, or the
Judicial Conference, as the case may be, shall refer to the
Attorney General the name of any individual which such official
or committee has reasonable cause to believe has willfully
failed to file a report or has willfully falsified or willfully
failed to file information required to be reported. Whenever
the Judicial Conference refers a name to the Attorney General
under this subsection, the Judicial Conference also shall
notify the judicial council of the circuit in which the named
individual serves of the referral.
(c) Personnel Action.--The President, the Vice President,
the Secretary concerned, the head of each agency, the Office of
Personnel Management, a congressional ethics committee, and the
Judicial Conference, may take any appropriate personnel or
other action in accordance with applicable law or regulation
against any individual failing to file a report or falsifying
or failing to report information required to be reported.
(d) Late Fees.--
(1) In general.--Any individual who files a report
required to be filed under this subchapter more than 30
days after the later of--
(A) the date such report is required to be
filed pursuant to the provisions of this
subchapter and the rules and regulations
promulgated under this subchapter; or
(B) if a filing extension is granted to such
individual under section 13103(g) of this
title, the last day of the filing extension
period,
shall, at the direction of and pursuant to regulations
issued by the supervising ethics office, pay a filing
fee of $200. All such fees shall be deposited in the
miscellaneous receipts of the Treasury. The authority
under this paragraph to direct the payment of a filing
fee may be delegated by the supervising ethics office
in the executive branch to other agencies in the
executive branch.
(2) Waiver.--The supervising ethics office may waive
the filing fee under this subsection in extraordinary
circumstances.
Sec. 13107. Custody of and Public Access to Reports
(a) Availability of Reports to Public.--Each agency, each
supervising ethics office in the executive or judicial branch,
the Clerk of the House of Representatives, and the Secretary of
the Senate shall make available to the public, in accordance
with subsection (b), each report filed under this subchapter
with such agency or office or with the Clerk or the Secretary
of the Senate, except that--
(1) this section does not require public availability
of a report filed by any individual in the Office of
the Director of National Intelligence, the Central
Intelligence Agency, the Defense Intelligence Agency,
the National Geospatial-Intelligence Agency, or the
National Security Agency, or any individual engaged in
intelligence activities in any agency of the United
States, if the President finds or has found that, due
to the nature of the office or position occupied by
such individual, public disclosure of such report
would, by revealing the identity of the individual or
other sensitive information, compromise the national
interest of the United States; and such individuals may
be authorized, notwithstanding section 13106(a) of this
title, to file such additional reports as are necessary
to protect their identity from public disclosure if the
President first finds or has found that such filing is
necessary in the national interest; and
(2) any report filed by an independent counsel whose
identity has not been disclosed by the division of the
court under chapter 40 of title 28, and any report
filed by any person appointed by that independent
counsel under such chapter, shall not be made available
to the public under this subchapter.
(b) Inspection of Reports.--
(1) In general.--Except as provided in the second
sentence of this subsection, each agency, each
supervising ethics office in the executive or judicial
branch, the Clerk of the House of Representatives, and
the Secretary of the Senate shall, within 30 days after
any report is received under this subchapter by such
agency or office or by the Clerk or the Secretary of
the Senate, as the case may be, permit inspection of
such report by or furnish a copy of such report to any
person requesting such inspection or copy. With respect
to any report required to be filed by May 15 of any
year, such report shall be made available for public
inspection within 30 calendar days after May 15 of such
year or within 30 days of the date of filing of such a
report for which an extension is granted pursuant to
section 13103(g) of this title. The agency, office,
Clerk, or Secretary of the Senate, as the case may be,
may require a reasonable fee to be paid in any amount
which is found necessary to recover the cost of
reproduction or mailing of such report excluding any
salary of any employee involved in such reproduction or
mailing. A copy of such report may be furnished without
charge or at a reduced charge if it is determined that
waiver or reduction of the fee is in the public
interest.
(2) Procedure for requesting reports.--
Notwithstanding paragraph (1), a report may not be made
available under this section to any person nor may any
copy of the report be provided under this section to
any person except upon a written application by such
person stating--
(A) that person's name, occupation, and
address;
(B) the name and address of any other person
or organization on whose behalf the inspection
or copy is requested; and
(C) that such person is aware of the
prohibitions on the obtaining or use of the
report.
Any such application shall be made available to the
public throughout the period during which the report is
made available to the public.
(3) Judicial employees and Officers.--
(A) In general.--This section does not
require the immediate and unconditional
availability of reports filed by an individual
described in paragraph (9) or (10) of section
13101 of this title if a finding is made by the
Judicial Conference, in consultation with the
United States Marshals Service, that revealing
personal and sensitive information could
endanger that individual or a family member of
that individual.
(B) Redaction.--A report may be redacted
pursuant to this paragraph only--
(i) to the extent necessary to
protect the individual who filed the
report or a family member of that
individual; and
(ii) for as long as the danger to
such individual exists.
(C) Redaction report.--The Administrative
Office of the United States Courts shall submit
to the Committees on the Judiciary of the House
of Representatives and of the Senate and the
Senate Committee on Homeland Security and
Governmental Affairs and the House Committee on
Oversight and Reform an annual report with
respect to the operation of this paragraph
including--
(i) the total number of reports
redacted pursuant to this paragraph;
(ii) the total number of individuals
whose reports have been redacted
pursuant to this paragraph;
(iii) the types of threats against
individuals whose reports are redacted,
if appropriate;
(iv) the nature or type of
information redacted;
(v) what steps or procedures are in
place to ensure that sufficient
information is available to litigants
to determine if there is a conflict of
interest;
(vi) principles used to guide
implementation of redaction authority;
and
(vii) any public complaints received
relating to redaction.
(D) Regulations.--The Judicial Conference, in
consultation with the Department of Justice,
shall issue regulations setting forth the
circumstances under which redaction is
appropriate under this paragraph and the
procedures for redaction.
(E) Expiration of paragraph.--This paragraph
shall expire on December 31, 2027, and apply to
filings through calendar year 2027.
(c) Prohibited Uses of Reports.--
(1) In general.--It shall be unlawful for any person
to obtain or use a report--
(A) for any unlawful purpose;
(B) for any commercial purpose, other than by
news and communications media for dissemination
to the general public;
(C) for determining or establishing the
credit rating of any individual; or
(D) for use, directly or indirectly, in the
solicitation of money for any political,
charitable, or other purpose.
(2) Civil actions.--The Attorney General may bring a
civil action against any person who obtains or uses a
report for any purpose prohibited in paragraph (1) of
this subsection. The court in which such action is
brought may assess against such person a penalty in any
amount not to exceed $10,000. Such remedy shall be in
addition to any other remedy available under statutory
or common law.
(d) Retention of Reports.--
(1) In general.--Any report filed with or transmitted
to an agency or supervising ethics office or to the
Clerk of the House of Representatives or the Secretary
of the Senate pursuant to this subchapter shall be
retained by such agency or office or by the Clerk of
the House of Representatives or the Secretary of the
Senate, as the case may be.
(2) Public availability.--Such report shall be made
available to the public--
(A) in the case of a Member of Congress,
until a date that is 6 years from the date the
individual ceases to be a Member of Congress;
and
(B) in the case of all other reports filed
pursuant to this subchapter, for a period of 6
years after receipt of the report.
(3) Destruction of reports.--After the relevant time
period identified under paragraph (2), the report shall
be destroyed unless needed in an ongoing investigation,
except that in the case of an individual who filed the
report pursuant to section 13103(b) of this title and
was not subsequently confirmed by the Senate, or who
filed the report pursuant to section 13103(c) of this
title and was not subsequently elected, such reports
shall be destroyed 1 year after the individual either
is no longer under consideration by the Senate or is no
longer a candidate for nomination or election to the
Office of President, Vice President, or as a Member of
Congress, unless needed in an ongoing investigation or
inquiry.
Sec. 13108. Review of Reports
(a) Time for Review.--
(1) Executive branch.--Each designated agency ethics
official or Secretary concerned shall make provisions
to ensure that each report filed with the designated
agency ethics official or Secretary under this
subchapter is reviewed within 60 days after the date of
such filing, except that the Director of the Office of
Government Ethics shall review only those reports
required to be transmitted to the Director of the
Office of Government Ethics under this subchapter
within 60 days after the date of transmittal.
(2) Congressional ethics committee and judicial
conference.--Each congressional ethics committee and
the Judicial Conference shall make provisions to ensure
that each report filed under this subchapter is
reviewed within 60 days after the date of such filing.
(b) Results of Review.--
(1) Compliance.--If after reviewing any report under
subsection (a), the Director of the Office of
Government Ethics, the Secretary concerned, the
designated agency ethics official, a person designated
by the congressional ethics committee, or a person
designated by the Judicial Conference, as the case may
be, is of the opinion that on the basis of information
contained in such report the individual submitting such
report is in compliance with applicable laws and
regulations, he or she shall state such opinion on the
report, and shall sign such report.
(2) Additional information required or possible
noncompliance.--If the Director of the Office of
Government Ethics, the Secretary concerned, the
designated agency ethics official, a person designated
by the congressional ethics committee, or a person
designated by the Judicial Conference, after reviewing
any report under subsection (a)--
(A) believes additional information is
required to be submitted, he or she shall
notify the individual submitting such report
what additional information is required and the
time by which it must be submitted; or
(B) is of the opinion, on the basis of
information submitted, that the individual is
not in compliance with applicable laws and
regulations, he or she shall notify the
individual, afford a reasonable opportunity for
a written or oral response, and after
consideration of such response, reach an
opinion as to whether or not, on the basis of
information submitted, the individual is in
compliance with such laws and regulations.
(3) Noncompliance and notification of steps to assure
compliance.--If the Director of the Office of
Government Ethics, the Secretary concerned, the
designated agency ethics official, a person designated
by a congressional ethics committee, or a person
designated by the Judicial Conference, reaches an
opinion under paragraph (2)(B) that an individual is
not in compliance with applicable laws and regulations,
the official or committee shall notify the individual
of that opinion and, after an opportunity for personal
consultation (if practicable), determine and notify the
individual of which steps, if any, would in the opinion
of such official or committee be appropriate for
assuring compliance with such laws and regulations and
the date by which such steps should be taken. Such
steps may include, as appropriate--
(A) divestiture;
(B) restitution;
(C) the establishment of a blind trust;
(D) request for an exemption under section
208(b) of title 18; or
(E) voluntary request for transfer,
reassignment, limitation of duties, or
resignation.
The use of any such steps shall be in accordance with
such rules or regulations as the supervising ethics
office may prescribe.
(4) Referral of individuals in positions requiring
senate confirmation.--If steps for assuring compliance
with applicable laws and regulations are not taken by
the date set under paragraph (3) by an individual in a
position in the executive branch (other than in the
Foreign Service or the uniformed services), appointment
to which requires the advice and consent of the Senate,
the matter shall be referred to the President for
appropriate action.
(5) Referral of member of foreign service or
uniformed services.--If steps for assuring compliance
with applicable laws and regulations are not taken by
the date set under paragraph (3) by a member of the
Foreign Service or the uniformed services, the
Secretary oncerned shall take appropriate action.
(6) Referral of other officers or employees.--If
steps for assuring compliance with applicable laws and
regulations are not taken by the date set under
paragraph (3) by any other officer or employee, the
matter shall be referred to the head of the appropriate
agency, the congressional ethics committee, or the
Judicial Conference, for appropriate action, except
that in the case of the Postmaster General or Deputy
Postmaster General, the Director of the Office of
Government Ethics shall recommend to the Governors of
the Board of Governors of the United States Postal
Service the action to be taken.
(7) Advisory opinions.--Each supervising ethics
office may render advisory opinions interpreting this
subchapter within its respective jurisdiction.
Notwithstanding any other provision of law, the
individual to whom a public advisory opinion is
rendered in accordance with this paragraph, and any
other individual covered by this subchapter who is
involved in a fact situation which is indistinguishable
in all material aspects, and who acts in good faith in
accordance with the provisions and findings of such
advisory opinion shall not, as a result of such act, be
subject to any penalty or sanction provided by this
subchapter.
Sec. 13109. Confidential Reports and Other Additional Requirements
(a) In General.--
(1) Authority to require confidential financial
disclosure reports.--Each supervising ethics office may
require officers and employees under its jurisdiction
(including special Government employees as defined in
section 202 of title 18) to file confidential financial
disclosure reports, in such form as the supervising
ethics office may prescribe. The information required
to be reported under this subsection by the officers
and employees of any department or agency shall be set
forth in rules or regulations prescribed by the
supervising ethics office, and may be less extensive
than otherwise required by this subchapter, or more
extensive when determined by the supervising ethics
office to be necessary and appropriate in light of
sections 202 through 209 of title 18, regulations
promulgated under those sections, or the authorized
activities of such officers or employees. Any
individual required to file a report pursuant to
section 13103 of this title shall not be required to
file a confidential report pursuant to this subsection,
except with respect to information which is more
extensive than information otherwise required by this
subchapter. Subsections (a), (b), and (d) of section
13107 of this title shall not apply with respect to any
such report.
(2) Confidentiality.--Any information required to be
provided by an individual under this subsection shall
be confidential and shall not be disclosed to the
public.
(3) No exemption from other reporting requirements.--
Nothing in this subsection exempts any individual
otherwise covered by the requirement to file a public
financial disclosure report under this subchapter from
such requirement.
(b) Preemption.--The provisions of this subchapter
requiring the reporting of information shall supersede any
general requirement under any other provision of law or
regulation with respect to the reporting of information
required for purposes of preventing conflicts of interest or
apparent conflicts of interest. Such provisions of this
subchapter shall not supersede the requirements of section 7342
of this title.
(c) No Authorization for Activity Otherwise Prohibited.--
Nothing in this chapter requiring reporting of information
shall be deemed to authorize the receipt of income, gifts, or
reimbursements; the holding of assets, liabilities, or
positions; or the participation in transactions that are
prohibited by law, Executive order, rule, or regulation.
Sec. 13110. Authority of Comptroller General
(a) Access to Financial Disclosure Reports.--The
Comptroller General shall have access to financial disclosure
reports filed under this subchapter for the purposes of
carrying out the Comptroller General's statutory
responsibilities.
(b) Studies.--Not later than December 31, 1992, and
regularly thereafter, the Comptroller General shall conduct a
study to determine whether the provisions of this subchapter
are being carried out effectively.
Sec. 13111. Notice of Actions Taken To Comply With Ethics Agreements
(a) In General.--In any case in which an individual agrees
with that individual's designated agency ethics official, the
Office of Government Ethics, a Senate confirmation committee, a
congressional ethics committee, or the Judicial Conference, to
take any action to comply with this chapter or any other law or
regulation governing conflicts of interest of, or establishing
standards of conduct applicable with respect to, officers or
employees of the Government, that individual shall notify in
writing the designated agency ethics official, the Office of
Government Ethics, the appropriate committee of the Senate, the
congressional ethics committee, or the Judicial Conference, as
the case may be, of any action taken by the individual pursuant
to that agreement. Such notification shall be made not later
than the date specified in the agreement by which action by the
individual must be taken, or not later than 3 months after the
date of the agreement, if no date for action is so specified.
(b) Recusal.--If an agreement described in subsection (a)
requires that the individual recuse himself or herself from
particular categories of agency or other official action, the
individual shall reduce to writing those subjects regarding
which the recusal agreement will apply and the process by which
it will be determined whether the individual must recuse
himself or herself in a specific instance. An individual shall
be considered to have complied with the requirements of
subsection (a) with respect to such recusal agreement if such
individual files a copy of the document setting forth the
information described in the preceding sentence with such
individual's designated agency ethics official or the
appropriate supervising ethics office within the time
prescribed in the last sentence of subsection (a).
Subchapter II--Office of Government Ethics
Sec. 13121. Establishment; Appointment of Director
(a) Establishment.--There is established an executive
agency to be known as the Office of Government Ethics.
(b) Director.--There shall be at the head of the Office of
Government Ethics a Director (hereinafter referred to as the
``Director''), who shall be appointed by the President, by and
with the advice and consent of the Senate. Effective with
respect to any individual appointed or reappointed by the
President as Director on or after October 1, 1983, the term of
service of the Director shall be 5 years.
(c) Authority of Director.--The Director may--
(1) appoint officers and employees, including
attorneys, in accordance with chapter 51 and subchapter
III of chapter 53 of this title; and
(2) contract for financial and administrative
services (including those related to budget and
accounting, financial reporting, personnel, and
procurement) with the General Services Administration,
or such other Federal agency as the Director determines
appropriate, for which payment shall be made in
advance, or by reimbursement, from funds of the Office
of Government Ethics in such amounts as may be agreed
upon by the Director and the head of the agency
providing such services.
Contract authority under paragraph (2) shall be
effective for any fiscal year only to the extent that
appropriations are available for that purpose.
Sec. 13122. Authority and Functions
(a) Overall Direction of Executive Branch Policies Relating
to Prevention of Conflicts of Interest.--The Director shall
provide, in consultation with the Office of Personnel
Management, overall direction of executive branch policies
related to preventing conflicts of interest on the part of
officers and employees of any executive agency, as defined in
section 105 of this title.
(b) Responsibilities of Director.--The responsibilities of
the Director shall include--
(1) developing, in consultation with the Attorney
General and the Office of Personnel Management, rules
and regulations to be promulgated by the President or
the Director pertaining to conflicts of interest and
ethics in the executive branch, including rules and
regulations establishing procedures for the filing,
review, and public availability of financial statements
filed by officers and employees in the executive branch
as required by subchapter I;
(2) developing, in consultation with the Attorney
General and the Office of Personnel Management, rules
and regulations to be promulgated by the President or
the Director pertaining to the identification and
resolution of conflicts of interest;
(3) monitoring and investigating compliance with the
public financial disclosure requirements of subchapter
I by officers and employees of the executive branch and
executive agency officials responsible for receiving,
reviewing, and making available financial statements
filed pursuant to subchapter I;
(4) conducting a review of financial statements to
determine whether such statements reveal possible
violations of applicable conflict of interest laws or
regulations and recommending appropriate action to
correct any conflict of interest or ethical problems
revealed by such review;
(5) monitoring and investigating individual and
agency compliance with any additional financial
reporting and internal review requirements established
by law for the executive branch;
(6) interpreting rules and regulations issued by the
President or the Director governing conflict of
interest and ethical problems and the filing of
financial statements;
(7) consulting, when requested, with agency ethics
counselors and other responsible officials regarding
the resolution of conflict of interest problems in
individual cases;
(8) establishing a formal advisory opinion service
whereby advisory opinions are rendered on matters of
general applicability or on important matters of first
impression after, to the extent practicable, providing
interested parties with an opportunity to transmit
written comments with respect to the request for such
advisory opinion, and whereby such advisory opinions
are compiled, published, and made available to agency
ethics counselors and the public;
(9) ordering corrective action on the part of
agencies and employees which the Director deems
necessary;
(10) requiring such reports from executive agencies
as the Director deems necessary;
(11) assisting the Attorney General in evaluating the
effectiveness of the conflict of interest laws and in
recommending appropriate amendments;
(12) evaluating, with the assistance of the Attorney
General and the Office of Personnel Management, the
need for changes in rules and regulations issued by the
Director and the agencies regarding conflict of
interest and ethical problems, with a view toward
making such rules and regulations consistent with and
an effective supplement to the conflict of interest
laws;
(13) cooperating with the Attorney General in
developing an effective system for reporting
allegations of violations of the conflict of interest
laws to the Attorney General, as required by section
535 of title 28;
(14) providing information on and promoting
understanding of ethical standards in executive
agencies; and
(15) developing, in consultation with the Office of
Personnel Management, and promulgating such rules and
regulations as the Director determines necessary or
desirable with respect to the evaluation of any item
required to be reported by subchapter I.
(c) Consultation.--In the development of policies, rules,
regulations, procedures, and forms to be recommended,
authorized, or prescribed by the Director, the Director shall
consult when appropriate with the executive agencies affected
and with the Attorney General.
(d) Established Written Procedures.--
(1) In general.--The Director shall, by the exercise
of any authority otherwise available to the Director
under this subchapter, ensure that each executive
agency has established written procedures relating to
how the agency is to collect, review, evaluate, and, if
applicable, make publicly available, financial
disclosure statements filed by any of its officers or
employees.
(2) Conformance with applicable requirements.--In
carrying out paragraph (1), the Director shall ensure
that each agency's procedures are in conformance with
all applicable requirements, whether established by
law, rule, regulation, or Executive order.
(e) Reports From Executive Agencies.--In carrying out
subsection (b)(10), the Director shall prescribe regulations
under which--
(1) each executive agency shall be required to submit
to the Office an annual report containing--
(A) a description and evaluation of the
agency's ethics program, including any
educational, counseling, or other services
provided to officers and employees, in effect
during the period covered by the report;
(B) the position title and duties of--
(i) each official who was designated
by the agency head to have primary
responsibility for the administration,
coordination, and management of the
agency's ethics program during any
portion of the period covered by the
report; and
(ii) each officer or employee who was
designated to serve as an alternate to
the official having primary
responsibility during any portion of
such period; and
(C) any other information that the Director
may require in order to carry out the
responsibilities of the Director under this
subchapter; and
(2) each executive agency shall be required to inform
the Director upon referral of any alleged violation of
Federal conflict of interest law to the Attorney
General pursuant to section 535 of title 28, except
that nothing under this paragraph shall require any
notification or disclosure which would otherwise be
prohibited by law.
(f) Corrective Actions.--
(1) Executive agencies.--In carrying out subsection
(b)(9) with respect to executive agencies, the
Director--
(A) may--
(i) order specific corrective action
on the part of an agency based on the
failure of such agency to establish a
system for the collection, filing,
review, and, when applicable, public
inspection of financial disclosure
statements, in accordance with
applicable requirements, or to modify
an existing system in order to meet
applicable requirements; or
(ii) order specific corrective action
involving the establishment or
modification of an agency ethics
program (other than with respect to any
matter under clause (i)) in accordance
with applicable requirements; and
(B) shall, if an agency has not complied with
an order under subparagraph (A) within a
reasonable period of time, notify the President
and the Congress of the agency's noncompliance
in writing (including, with the notification,
any written comments which the agency may
provide).
(2) Individual officers and employees.--
(A) In general.--In carrying out subsection
(b)(9) with respect to individual officers and
employees--
(i) the Director may make such
recommendations and provide such advice
to such officers and employees as the
Director considers necessary to ensure
compliance with rules, regulations, and
Executive orders relating to conflicts
of interest or standards of conduct;
(ii) if the Director has reason to
believe that an officer or employee is
violating, or has violated, any rule,
regulation, or Executive order relating
to conflicts of interest or standards
of conduct, the Director--
(I) may recommend to the head
of the officer's or employee's
agency that such agency head
investigate the possible
violation and, if the agency
head finds such a violation,
that such agency head take any
appropriate disciplinary action
(such as reprimand, suspension,
demotion, or dismissal) against
the officer or employee, except
that, if the officer or
employee involved is the agency
head, any such recommendation
shall instead be submitted to
the President; and
(II) shall notify the
President in writing if the
Director determines that the
head of an agency has not
conducted an investigation
pursuant to subclause (I)
within a reasonable time after
the Director recommends such
action;
(iii) if the Director finds that an
officer or employee is violating any
rule, regulation, or Executive order
relating to conflicts of interest or
standards of conduct, the Director--
(I) may order the officer or
employee to take specific
action (such as divestiture,
recusal, or the establishment
of a blind trust) to end such
violation; and
(II) shall, if the officer or
employee has not complied with
the order under subclause (I)
within a reasonable period of
time, notify, in writing, the
head of the officer's or
employee's agency of the
officer's or employee's
noncompliance, except that, if
the officer or employee
involved is the agency head,
the notification shall instead
be submitted to the President;
and
(iv) if the Director finds that an
officer or employee is violating, or
has violated, any rule, regulation, or
Executive order relating to conflicts
of interest or standards of conduct,
the Director--
(I) may recommend to the head
of the officer's or employee's
agency that appropriate
disciplinary action (such as
reprimand, suspension,
demotion, or dismissal) be
brought against the officer or
employee, except that if the
officer or employee involved is
the agency head, any such
recommendations shall instead
be submitted to the President;
and
(II) may notify the President
in writing if the Director
determines that the head of an
agency has not taken
appropriate disciplinary action
within a reasonable period of
time after the Director
recommends such action.
(B) Investigations and findings concerning
possible violations.--
(i) Authority of director.--In order
to carry out the Director's duties and
responsibilities under subparagraph
(A)(iii) or (iv) with respect to
individual officers and employees, the
Director may conduct investigations and
make findings concerning possible
violations of any rule, regulation, or
Executive order relating to conflicts
of interest or standards of conduct
applicable to officers and employees of
the executive branch.
(ii) Notification of alleged
violation and opportunity to comment.--
(I) Notification before a
finding is made.--Subject to
clause (iv) of this
subparagraph, before any
finding is made under
subparagraphs (A)(iii) or (iv),
the officer or employee
involved shall be afforded
notification of the alleged
violation, and an opportunity
to comment, either orally or in
writing, on the alleged
violation.
(II) Procedures.--The
Director shall, in accordance
with section 553 of this title,
establish procedures for such
notification and comment.
(iii) Hearing.--Subject to clause
(iv) of this subparagraph, before any
action is ordered under subparagraph
(A)(iii), the officer or employee
involved shall be afforded an
opportunity for a hearing, if requested
by such officer or employee, except
that any such hearing shall be
conducted on the record.
(iv) Exception.--The procedures
described in clauses (ii) and (iii) of
this subparagraph do not apply to
findings or orders for action made to
obtain compliance with the financial
disclosure requirements in subchapter
I. For those findings and orders, the
procedures in section 13108 of this
title shall apply.
(3) Copies of orders relating to finding of
violation.--The Director shall send a copy of any order
under paragraph (2)(A)(iii) to--
(A) the officer or employee who is the
subject of such order; and
(B) the head of the officer's or employee's
agency or, if such officer or employee is the
agency head, to the President.
(4) Agency headed by board, committee, or other
group.--For purposes of paragraphs (2)(A)(ii), (iii),
(iv), and (3)(B), in the case of an officer or employee
within an agency which is headed by a board, committee,
or other group of individuals (rather than by a single
individual), any notification, recommendation, or other
matter which would otherwise be sent to an agency head
shall instead be sent to the officer's or employee's
appointing authority.
(5) No authority to make findings of criminal law
violations.--Nothing in this subchapter shall be
considered to allow the Director (or any designee) to
make any finding that a provision of title 18, or any
criminal law of the United States outside of title 18,
has been or is being violated.
(6) Limitation on availability of records.--
Notwithstanding any other provision of law, no record
developed pursuant to the authority of this section
concerning an investigation of an individual for a
violation of any rule, regulation, or Executive order
relating to a conflict of interest shall be made
available pursuant to section 552(a)(3) of this title,
unless the request for such information identifies the
individual to whom such records relate and the subject
matter of any alleged violation to which such records
relate, except that nothing in this subsection shall
affect the application of the provisions of section
552(b) of this title to any record so identified.
Sec. 13123. Administrative Provisions
(a) Assistance to Director.--Upon the request of the
Director, each executive agency is directed to--
(1) make its services, personnel, and facilities
available to the Director to the greatest practicable
extent for the performance of functions under this
chapter; and
(2) except when prohibited by law, furnish to the
Director all information and records in its possession
which the Director may determine to be necessary for
the performance of the Director's duties.
The authority of the Director under this section includes the
authority to request assistance from the inspector general of
an agency in conducting investigations pursuant to the Office
of Government Ethics responsibilities under this chapter. The
head of any agency may detail such personnel and furnish such
services, with or without reimbursement, as the Director may
request to carry out the provisions of this chapter.
(b) Gift Acceptance Authority.--
(1) In general.--The Director is authorized to accept
and utilize on behalf of the United States, any gift,
donation, bequest, or devise of money, use of
facilities, personal property, or services for the
purpose of aiding or facilitating the work of the
Office of Government Ethics.
(2) Limitations.--No gift may be accepted--
(A) that attaches conditions inconsistent
with applicable laws or regulations; or
(B) that is conditioned upon or will require
the expenditure of appropriated funds that are
not available to the Office of Government
Ethics.
(3) Criteria for determining appropriateness of gift
acceptance.--The Director shall establish written rules
setting forth the criteria to be used in determining
whether the acceptance of contributions of money,
services, use of facilities, or personal property under
this subsection would reflect unfavorably upon the
ability of the Office of Government Ethics, or any
employee of such Office, to carry out its
responsibilities or official duties in a fair and
objective manner, or would compromise the integrity or
the appearance of the integrity of its programs or any
official involved in those programs.
Sec. 13124. Rules and Regulations
In promulgating rules and regulations pertaining to
financial disclosure, conflict of interest, and ethics in the
executive branch, the Director shall issue rules and
regulations in accordance with chapter 5 of this title. Any
person may seek judicial review of any such rule or regulation.
Sec. 13125. Authorization of Appropriations
There are authorized to be appropriated to carry out this
subchapter such sums as may be necessary for fiscal year 2007.
Sec. 13126. Reports to Congress
The Director shall, no later than April 30 of each year in
which the second session of a Congress begins, submit to the
Congress a report containing--
(1) a summary of the actions taken by the Director
during a 2-year period ending on December 31 of the
preceding year in order to carry out the Director's
functions and responsibilities under this subchapter;
and
(2) such other information as the Director may
consider appropriate.
Subchapter III--Limitations on Outside Earned Income and Employment
Sec. 13141. Definitions
In this subchapter:
(1) Charitable organization.--The term ``charitable
organization'' means an organization described in
section 170(c) of the Internal Revenue Code of 1986 (26
U.S.C. 170(c)).
(2) Honorarium.--The term ``honorarium'' means a
payment of money or any thing of value for an
appearance, speech or article (including a series of
appearances, speeches, or articles if the subject
matter is directly related to the individual's official
duties or the payment is made because of the
individual's status with the Government) by a Member,
officer or employee, excluding any actual and necessary
travel expenses incurred by such individual (and one
relative) to the extent that such expenses are paid or
reimbursed by any other person, and the amount
otherwise determined shall be reduced by the amount of
any such expenses to the extent that such expenses are
not paid or reimbursed.
(3) Member.--The term ``Member'' means a Senator in,
a Representative in, or a Delegate or Resident
Commissioner to, the Congress.
(4) Officer or employee.--The term ``officer or
employee'' means any officer or employee of the
Government except any special Government employee (as
defined in section 202 of title 18).
(5) Travel expenses.--The term ``travel expenses''
means, with respect to a Member, officer or employee,
or a relative of any such individual, the cost of
transportation, and the cost of lodging and meals while
away from his or her residence or principal place of
employment.
Sec. 13142. Administration
This subchapter shall be subject to the rules and
regulations of--
(1) and administered by--
(A) the Committee on Ethics of the House of
Representatives, with respect to Members,
officers, and employees of the House of
Representatives; and
(B) in the case of Senators and legislative
branch officers and employees other than those
officers and employees specified in
subparagraph (A), the committee to which
reports filed by such officers and employees
under subchapter I are transmitted under that
subchapter, except that the authority of this
section may be delegated by such committee with
respect to such officers and employees;
(2) the Office of Government Ethics and administered
by designated agency ethics officials with respect to
officers and employees of the executive branch; and
(3) and administered by the Judicial Conference of
the United States (or such other agency as it may
designate) with respect to officers and employees of
the judicial branch.
Sec. 13143. Outside Earned Income Limitation
(a) Outside Earned Income Limitation.--
(1) In general.--Except as provided by paragraph (2),
a Member or an officer or employee who is a noncareer
officer or employee and who occupies a position
classified above GS-15 of the General Schedule or, in
the case of positions not under the General Schedule,
for which the rate of basic pay is equal to or greater
than 120 percent of the minimum rate of basic pay
payable for GS-15 of the General Schedule, may not in
any calendar year have outside earned income
attributable to such calendar year which exceeds 15
percent of the annual rate of basic pay for level II of
the Executive Schedule under section 5313 of this
title, as of January 1 of such calendar year.
(2) Portion of year.--In the case of any individual
who during a calendar year becomes a Member or an
officer or employee who is a noncareer officer or
employee and who occupies a position classified above
GS-15 of the General Schedule or, in the case of
positions not under the General Schedule, for which the
rate of basic pay is equal to or greater than 120
percent of the minimum rate of basic pay payable for
GS-15 of the General Schedule, such individual may not
have outside earned income attributable to the portion
of that calendar year which occurs after such
individual becomes a Member or such an officer or
employee which exceeds 15 percent of the annual rate of
basic pay for level II of the Executive Schedule under
section 5313 of this title, as of January 1 of such
calendar year multiplied by a fraction the numerator of
which is the number of days such individual is a Member
or such officer or employee during such calendar year
and the denominator of which is 365.
(b) Honoraria Prohibition.--An individual may not receive
any honorarium while that individual is a Member, officer or
employee.
(c) Treatment of Charitable Contributions.--Any honorarium
which, except for subsection (b), might be paid to a Member,
officer or employee, but which is paid instead on behalf of
such Member, officer or employee to a charitable organization,
shall be deemed not to be received by such Member, officer or
employee. No such payment shall exceed $2,000 or be made to a
charitable organization from which such individual or a parent,
sibling, spouse, child, or dependent relative of such
individual derives any financial benefit.
Sec. 13144. Limitations on Outside Employment
(a) Limitations.--A Member or an officer or employee who is
a noncareer officer or employee and who occupies a position
classified above GS-15 of the General Schedule or, in the case
of positions not under the General Schedule, for which the rate
of basic pay is equal to or greater than 120 percent of the
minimum rate of basic pay payable for GS-15 of the General
Schedule shall not--
(1) receive compensation for affiliating with or
being employed by a firm, partnership, association,
corporation, or other entity which provides
professional services involving a fiduciary
relationship;
(2) permit that Member's, officer's, or employee's
name to be used by any such firm, partnership,
association, corporation, or other entity;
(3) receive compensation for practicing a profession
which involves a fiduciary relationship;
(4) serve for compensation as an officer or member of
the board of any association, corporation, or other
entity; or
(5) receive compensation for teaching, without the
prior notification and approval of the appropriate
entity referred to in section 13142 of this title.
(b) Teaching Compensation of Justices and Judges Retired
From Regular Active Service.--For purposes of the limitation
under section 13143(a) of this title, any compensation for
teaching approved under subsection (a)(5) of this section shall
not be treated as outside earned income--
(1) when received by a justice of the United States
retired from regular active service under section
371(b) of title 28;
(2) when received by a judge of the United States
retired from regular active service under section
371(b) of title 28, for teaching performed during any
calendar year for which such judge has met the
requirements of subsection (e) of section 371 of title
28, as certified in accordance with such subsection; or
(3) when received by a justice or judge of the United
States retired from regular active service under
section 372(a) of title 28.
Sec. 13145. Civil Penalties
(a) Civil Action.--The Attorney General may bring a civil
action in any appropriate United States district court against
any individual who violates any provision of section 13143 or
13144 of this title. The court in which such action is brought
may assess against such individual a civil penalty of not more
than $10,000 or the amount of compensation, if any, which the
individual received for the prohibited conduct, whichever is
greater.
(b) Advisory Opinions.--Any entity described in section
13142 of this title may render advisory opinions interpreting
this subchapter, in writing, to individuals covered by this
subchapter. Any individual to whom such an advisory opinion is
rendered and any other individual covered by this subchapter
who is involved in a fact situation which is indistinguishable
in all material aspects, and who, after the issuance of such
advisory opinion, acts in good faith in accordance with its
provisions and findings shall not, as a result of such actions,
be subject to any sanction under subsection (a).
Sec. 13146. Conditional Termination
This subchapter shall cease to be effective if the
provisions of section 703 of the Ethics Reform Act of 1989
(Public Law 101-194, 5 U.S.C. 5318 note) are repealed.
Changes in Existing Law Made by Section 7 of the Bill
FEDERAL ADVISORY COMMITTEE ACT
Sec. 1. Short title
This Act may be cited as the ``Federal Advisory Committee
Act''.
[Sec. 2. Findings and purpose
(a) The Congress finds that there are numerous committees,
boards, commissions, councils, and similar groups which have
been established to advise officers and agencies in the
executive branch of the Federal Government and that they are
frequently a useful and beneficial means of furnishing expert
advice, ideas, and diverse opinions to the Federal Government.
(b) The Congress further finds and declares that--
(1) the need for many existing advisory committees
has not been adequately reviewed:
(2) new advisory committees should be established
only when they are determined to be essential and their
number should be kept to the minimum necessary;
(3) advisory committees should be terminated when
they are no longer carrying out the purposes for which
they were established;
(4) standards and uniform procedures should govern
the establishment, operation, administration, and
duration of advisory committees;
(5) the Congress and the public should be kept
informed with respect to the number, purpose,
membership, activities, and cost of advisory
committees; and
(6) the function of advisory committees should be
advisory only, and that all matters under their
consideration should be determined, in accordance with
law, by the official, agency, or officer involved.]
[Sec. 3. Definitions
For the purpose of this Act--
(1) The term ``Administrator'' means the
Administrator of General Services.
(2) The term ``advisory committee'' means any
committee, board, commission, council, conference,
panel, task force, or other similar group, or any
subcommittee or other subgroup thereof (hereafter in
this paragraph referred to as ``committee''), which
is--
(A) established by statute or reorganization
plan, or
(B) established or utilized by the President,
or
(C) established or utilized by one or more
agencies,
in the interest of obtaining advice or recommendations for the
President or one or more agencies or officers of the Federal
Government, except that such term excludes (i) any committee
that is composed wholly of full-time, or permanent part-time,
officers or employees of the Federal Government, and (ii) any
committee that is created by the National Academy of Sciences
or the National Academy of Public Administration.
(3) The term ``agency'' has the same meaning as in
section 551(1) of title 5, United States Code.
(4) The term ``Presidential advisory committee''
means an advisory committee which advises the
President.]
[Sec. 4. Applicability; restrictions
(a) The provisions of this Act or of any rule, order, or
regulation promulgated under this Act shall apply to each
advisory committee except to the extent that any Act of
Congress establishing any such advisory committee specifically
provides otherwise.
(b) Nothing in this Act shall be construed to apply to any
advisory committee established or utilized by--
(1) the Central Intelligence Agency;
(2) the Federal Reserve System; or
(3) the Office of the Director of National
Intelligence, if the Director of National Intelligence
determines that for reasons of national security such
advisory committee cannot comply with the requirements
of this Act.
(c) Nothing in this Act shall be construed to apply to any
local civic group whose primary function is that of rendering a
public service with respect to a Federal program, or any State
or local committee, council, board, commission, or similar
group established to advise or make recommendations to State or
local officials or agencies.]
[Sec. 5. Responsibilities of Congressional committees; review;
guidelines
(a) In the exercise of its legislative review function,
each standing committee of the Senate and the House of
Representatives shall make a continuing review of the
activities of each advisory committee under its jurisdiction to
determine whether such advisory committee should be abolished
or merged with any other advisory committee, whether the
responsibilities of such advisory committee should be revised,
and whether such advisory committee performs a necessary
function not already being performed. Each such standing
committee shall take appropriate action to obtain the enactment
of legislation necessary to carry out the purpose of this
subsection.
(b) In considering legislation establishing, or authorizing
the establishment of any advisory committee, each standing
committee of the Senate and of the House of Representatives
shall determine, and report such determination to the Senate or
to the House of Representatives, as the case may be, whether
the functions of the proposed advisory committee are being or
could be performed by one or more agencies or by an advisory
committee already in existence, or by enlarging the mandate of
an existing advisory committee. Any such legislation shall--
(1) contain a clearly defined purpose for the
advisory committee;
(2) require the membership of the advisory committee
to be fairly balanced in terms of the points of view
represented and the functions to be performed by the
advisory committee;
(3) contain appropriate provisions to assure that the
advice and recommendations of the advisory committee
will not be inappropriately influenced by the
appointing authority or by any special interest, but
will instead be the result of the advisory committee's
independent judgment;
(4) contain provisions dealing with authorization of
appropriations, the date for submission of reports (if
any), the duration of the advisory committee, and the
publication of reports and other materials, to the
extent that the standing committee determines the
provisions of section 10 of this Act to be inadequate;
and
(5) contain provisions which will assure that the
advisory committee will have adequate staff (either
supplied by an agency or employed by it), will be
provided adequate quarters, and will have funds
available to meet its other necessary expenses.
(c) To the extent they are applicable, the guidelines set
out in subsection (b) of this section shall be followed by the
President, agency heads, or other Federal officials in creating
an advisory committee.]
[Sec. 6. Responsibilities of the President; report to Congress; annual
report to Congress; exclusion
(a) The President may delegate responsibility for
evaluating and taking action, where appropriate, with respect
to all public recommendations made to him by Presidential
advisory committees.
(b) Within one year after a Presidential advisory committee
has submitted a public report to the President, the President
or his delegate shall make a report to the Congress stating
either his proposals for action or his reasons for inaction,
with respect to the recommendations contained in the public
report.
(c) The President shall, not later than December 31 of each
year, make an annual report to the Congress on the activities,
status, and changes in the composition of advisory committees
in existence during the preceding fiscal year. The report shall
contain the name of every advisory committee, the date of and
authority for its creation, its termination date or the date it
is to make a report, its functions, a reference to the reports
it has submitted, a statement of whether it is an ad hoc or
continuing body, the dates of its meetings, the names and
occupations of its current members, and the total estimated
annual cost to the United States to fund, service, supply, and
maintain such committee. Such report shall include a list of
those advisory committees abolished by the President, and in
the case of advisory committees established by statute, a list
of those advisory committees which the President recommends be
abolished together with his reasons therefor. The President
shall exclude from this report any information which, in his
judgment, should be withheld for reasons of national security,
and he shall include in such report a statement that such
information is excluded.]
[Sec. 7. Responsibilities of the Administrator of General Services;
Committee Management Secretariat, establishment;
review; recommendations to President and Congress;
agency cooperation; performance guidelines; uniform
pay guidelines; travel expenses; expense
recommendations
(a) The Administrator shall establish and maintain within
the General Services Administration a Committee Management
Secretariat, which shall be responsible for all matters
relating to advisory committees.
(b) The Administrator shall, immediately after October 6,
1972, institute a comprehensive review of the activities and
responsibilities of each advisory committee to determine--
(1) whether such committee is carrying out its
purpose;
(2) whether, consistent with the provisions of
applicable statutes, the responsibilities assigned to
it should be revised;
(3) whether it should be merged with other advisory
committees; or
(4) whether it should be abolished.
The Administrator may from time to time request such
information as he deems necessary to carry out his
functions under this subsection. Upon the completion of
the Administrator's review he shall make
recommendations to the President and to either the
agency head or the Congress with respect to action he
believes should be taken. Thereafter, the Administrator
shall carry out a similar review annually. Agency heads
shall cooperate with the Administrator in making the
reviews required by this subsection.
(c) The Administrator shall prescribe administrative
guidelines and management controls applicable to advisory
committees, and, to the maximum extent feasible, provide
advice, assistance, and guidance to advisory committees to
improve their performance. In carrying out his functions under
this subsection, the Administrator shall consider the
recommendations of each agency head with respect to means of
improving the performance of advisory committees whose duties
are related to such agency.
(d)(1) The Administrator, after study and consultation with
the Director of the Office of Personnel Management, shall
establish guidelines with respect to uniform fair rates of pay
for comparable services of members, staffs, and consultants of
advisory committees in a manner which gives appropriate
recognition to the responsibilities and qualifications required
and other relevant factors. Such regulations shall provide
that--
(A) no member of any advisory committee or of the
staff of any advisory committee shall receive
compensation at a rate in excess of the rate specified
for GS-18 of the General Schedule under section 5332 of
title 5, United States Code;
(B) such members, while engaged in the performance of
their duties away from their homes or regular places of
business, may be allowed travel expenses, including per
diem in lieu of subsistence, as authorized by section
5703 of title 5, United States Code, for persons
employed intermittently in the Government service; and
(C) such members--
(i) who are blind or deaf or who otherwise
qualify as handicapped individuals (within the
meaning of section 501 of the Rehabilitation
Act of 1973 (29 U.S.C. 794)), and
(ii) who do not otherwise qualify for
assistance under section 3102 of title 5,
United States Code, by reason of being an
employee of an agency (within the meaning of
section 3102(a)(1) of such title 5),
may be provided services pursuant to section
3102 of such title 5 while in performance of
their advisory committee duties.
(2) Nothing in this subsection shall prevent--
(A) an individual who (without regard to his service
with an advisory committee) is a full-time employee of
the United States, or
(B) an individual who immediately before his service
with an advisory committee was such an employee, from
receiving compensation at the rate at which he
otherwise would be compensated (or was compensated) as
a full-time employee of the United States.
(e) The Administrator shall include in budget
recommendations a summary of the amounts he deems necessary for
the expenses of advisory committees, including the expenses for
publication of reports where appropriate.]
[Sec. 8. Responsibilities of agency heads; Advisory Committee
Management Officer, designation
(a) Each agency head shall establish uniform administrative
guidelines and management controls for advisory committees
established by that agency, which shall be consistent with
directives of the Administrator under section 7 and section 10.
Each agency shall maintain systematic information on the
nature, functions, and operations of each advisory committee
within its jurisdiction.
(b) The head of each agency which has an advisory committee
shall designate an Advisory Committee Management Officer who
shall--
(1) exercise control and supervision over the
establishment, procedures, and accomplishments of
advisory committees established by that agency;
(2) assemble and maintain the reports, records, and
other papers of any such committee during its
existence; and
(3) carry out, on behalf of that agency, the
provisions of section 552 of title 5, United States
Code, with respect to such reports, records, and other
papers.]
[Sec. 9. Establishment and purpose of advisory committees; publication
in Federal Register; charter: filing, contents,
copy
(a) No advisory committee shall be established unless such
establishment is--
(1) specifically authorized by statute or by the
President; or
(2) determined as a matter of formal record, by the
head of the agency involved after consultation with the
Administrator, with timely notice published in the
Federal Register, to be in the public interest in
connection with the performance of duties imposed on
that agency by law.
(b) Unless otherwise specifically provided by statute or
Presidential directive, advisory committees shall be utilized
solely for advisory functions. Determinations of action to be
taken and policy to be expressed with respect to matters upon
which an advisory committee reports or makes recommendations
shall be made solely by the President or an officer of the
Federal Government.
(c) No advisory committee shall meet or take any action
until an advisory committee charter has been filed with (1) the
Administrator, in the case of Presidential advisory committees,
or (2) with the head of the agency to whom any advisory
committee reports and with the standing committees of the
Senate and of the House of Representatives having legislative
jurisdiction of such agency. Such charter shall contain the
following information:
(A) the committee's official designation;
(B) the committee's objectives and the scope of its
activity;
(C) the period of time necessary for the committee to
carry out its purposes;
(D) the agency or official to whom the committee
reports;
(E) the agency responsible for providing the
necessary support for the committee;
(F) a description of the duties for which the
committee is responsible, and, if such duties are not
solely advisory, a specification of the authority for
such functions;
(G) the estimated annual operating costs in dollars
and man-years for such committee;
(H) the estimated number and frequency of committee
meetings;
(I) the committee's termination date, if less than
two years from the date of the committee's
establishment; and
(J) the date the charter is filed.
A copy of any such charter shall also be furnished to the
Library of Congress.]
[Sec. 10. Advisory committee procedures; meetings; notice, publication
in Federal Register; regulations; minutes;
certification; annual report; Federal officer or
employee, attendance
(a)(1) Each advisory committee meeting shall be open to the
public.
(2) Except when the President determines otherwise for
reasons of national security, timely notice of each such
meeting shall be published in the Federal Register, and the
Administrator shall prescribe regulations to provide for other
types of public notice to insure that all interested persons
are notified of such meeting prior thereto.
(3) Interested persons shall be permitted to attend, appear
before, or file statements with any advisory committee, subject
to such reasonable rules or regulations as the Administrator
may prescribe.
(b) Subject to section 552 of title 5, United States Code,
the records, reports, transcripts, minutes, appendixes, working
papers, drafts, studies, agenda, or other documents which were
made available to or prepared for or by each advisory committee
shall be available for public inspection and copying at a
single location in the offices of the advisory committee or the
agency to which the advisory committee reports until the
advisory committee ceases to exist.
(c) Detailed minutes of each meeting of each advisory
committee shall be kept and shall contain a record of the
persons present, a complete and accurate description of matters
discussed and conclusions reached, and copies of all reports
received, issued, or approved by the advisory committee. The
accuracy of all minutes shall be certified to by the chairman
of the advisory committee.
(d) Subsections (a)(1) and (a)(3) of this section shall not
apply to any portion of an advisory committee meeting where the
President, or the head of the agency to which the advisory
committee reports, determines that such portion of such meeting
may be closed to the public in accordance with subsection (c)
of section 552b of title 5, United States Code. Any such
determination shall be in writing and shall contain the reasons
for such determination. If such a determination is made, the
advisory committee shall issue a report at least annually
setting forth a summary of its activities and such related
matters as would be informative to the public consistent with
the policy of section 552(b) of title 5, United States Code.
(e) There shall be designated an officer or employee of the
Federal Government to chair or attend each meeting of each
advisory committee. The officer or employee so designated is
authorized, whenever he determines it to be in the public
interest, to adjourn any such meeting. No advisory committee
shall conduct any meeting in the absence of that officer or
employee.
(f) Advisory committees shall not hold any meetings except
at the call of, or with the advance approval of, a designated
officer or employee of the Federal Government, and in the case
of advisory committees (other than Presidential advisory
committees), with an agenda approved by such officer or
employee.]
[Sec. 11. Availability of transcripts; ``agency proceeding''
(a) Except where prohibited by contractual agreements
entered into prior to the effective date of this Act, agencies
and advisory committees shall make available to any person, at
actual cost of duplication, copies of transcripts of agency
proceedings or advisory committee meetings.
(b) As used in this section ``agency proceeding'' means any
proceeding as defined in section 551(12) of title 5, United
States Code.]
[Sec. 12. Fiscal and administrative provisions; record-keeping; audit;
agency support services
(a) Each agency shall keep records as will fully disclose
the disposition of any funds which may be at the disposal of
its advisory committees and the nature and extent of their
activities. The General Services Administration, or such other
agency as the President may designate, shall maintain financial
records with respect to Presidential advisory committees. The
Comptroller General of the United States, or any of his
authorized representatives, shall have access, for the purpose
of audit and examination, to any such records.
(b) Each agency shall be responsible for providing support
services for each advisory committee established by or
reporting to it unless the establishing authority provides
otherwise. Where any such advisory committee reports to more
than one agency, only one agency shall be responsible for
support services at any one time. In the case of Presidential
advisory committees, such services may be provided by the
General Services Administration.]
[Sec. 13. Responsibilities of Library of Congress; reports and
background papers; depository
Subject to section 552 of title 5, United States Code, the
Administrator shall provide for the filing with the Library of
Congress of at least eight copies of each report made by every
advisory committee and, where appropriate, background papers
prepared by consultants. The Librarian of Congress shall
establish a depository for such reports and papers where they
shall be available to public inspection and use.]
[Sec. 14. Termination of advisory committees; renewal; continuation
(a)(1) Each advisory committee which is in existence on the
effective date of this Act shall terminate not later than the
expiration of the two-year period following such effective date
unless--
(A) in the case of an advisory committee established
by the President or an officer of the Federal
Government, such advisory committee is renewed by the
President or that officer by appropriate action prior
to the expiration of such two-year period; or
(B) in the case of an advisory committee established
by an Act of Congress, its duration is otherwise
provided for by law.
(2) Each advisory committee established after such
effective date shall terminate not later than the expiration of
the two-year period beginning on the date of its establishment
unless--
(A) in the case of an advisory committee established
by the President or an officer of the Federal
Government such advisory committee is renewed by the
President or such officer by appropriate action prior
to the end of such period; or
(B) in the case of an advisory committee established
by an Act of Congress, its duration is otherwise
provided for by law.
(b)(1) Upon the renewal of any advisory committee, such
advisory committee shall file a charter in accordance with
section 9(c).
(2) Any advisory committee established by an Act of
Congress shall file a charter in accordance with such section
upon the expiration of each successive two-year period
following the date of enactment of the Act establishing such
advisory committee.
(3) No advisory committee required under this subsection to
file a charter shall take any action (other than preparation
and filing of such charter) prior to the date on which such
charter is filed.
(c) Any advisory committee which is renewed by the
President or any officer of the Federal Government may be
continued only for successive two-year periods by appropriate
action taken by the President or such officer prior to the date
on which such advisory committee would otherwise terminate.]
[Sec. 15. Requirements relating to the National Academy of Sciences and
the National Academy of Public Administration
(a) In General.--An agency may not use any advice or
recommendation provided by the National Academy of Sciences or
National Academy of Public Administration that was developed by
use of a committee created by that academy under an agreement
with an agency, unless--
(1) the committee was not subject to any actual
management or control by an agency or an officer of the
Federal Government;
(2) in the case of a committee created after the date
of the enactment of the Federal Advisory Committee Act
Amendments of 1997, the membership of the committee was
appointed in accordance with the requirements described
in subsection (b)(1); and
(3) in developing the advice or recommendation, the
academy complied with--
(A) subsection (b)(2) through (6), in the
case of any advice or recommendation provided
by the National Academy of Sciences; or
(B) subsection (b)(2) and (5), in the case of
any advice or recommendation provided by the
National Academy of Public Administration.
(b) Requirements.--The requirements referred to in
subsection (a) are as follows:
(1) The Academy shall determine and provide public
notice of the names and brief biographies of
individuals that the Academy appoints or intends to
appoint to serve on the committee. The Academy shall
determine and provide a reasonable opportunity for the
public to comment on such appointments before they are
made or, if the Academy determines such prior comment
is not practicable, in the period immediately following
the appointments. The Academy shall make its best
efforts to ensure that (A) no individual appointed to
serve on the committee has a conflict of interest that
is relevant to the functions to be performed, unless
such conflict is promptly and publicly disclosed and
the Academy determines that the conflict is
unavoidable, (B) the committee membership is fairly
balanced as determined by the Academy to be appropriate
for the functions to be performed, and (C) the final
report of the Academy will be the result of the
Academy's independent judgment. The Academy shall
require that individuals that the Academy appoints or
intends to appoint to serve on the committee inform the
Academy of the individual's conflicts of interest that
are relevant to the functions to be performed.
(2) The Academy shall determine and provide public
notice of committee meetings that will be open to the
public.
(3) The Academy shall ensure that meetings of the
committee to gather data from individuals who are not
officials, agents, or employees of the Academy are open
to the public, unless the Academy determines that a
meeting would disclose matters described in section
552(b) of title 5, United States Code. The Academy
shall make available to the public, at reasonable
charge if appropriate, written materials presented to
the committee by individuals who are not officials,
agents, or employees of the Academy, unless the Academy
determines that making material available would
disclose matters described in that section.
(4) The Academy shall make available to the public as
soon as practicable, at reasonable charge if
appropriate, a brief summary of any committee meeting
that is not a data gathering meeting, unless the
Academy determines that the summary would disclose
matters described in section 552(b) of title 5, United
States Code. The summary shall identify the committee
members present, the topics discussed, materials made
available to the committee, and such other matters that
the Academy determines should be included.
(5) The Academy shall make available to the public
its final report, at reasonable charge if appropriate,
unless the Academy determines that the report would
disclose matters described in section 552(b) of title
5, United States Code. If the Academy determines that
the report would disclose matters described in that
section, the Academy shall make public an abbreviated
version of the report that does not disclose those
matters.
(6) After publication of the final report, the
Academy shall make publicly available the names of the
principal reviewers who reviewed the report in draft
form and who are not officials, agents, or employees of
the Academy.
(c) Regulations.--The Administrator of General Services may
issue regulations implementing this section.]
INSPECTOR GENERAL ACT OF 1978
Sec. 1. Short title
This Act be cited as the ``Inspector General Act of 1978''.
[Sec. 2. Purpose and establishment of Offices of Inspector General;
departments and agencies involved
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 12(2);
(2) to provide leadership and coordination and
recommend policies for activities designed (A) to
promote economy, efficiency, and effectiveness in the
administration of, and (B) to prevent and detect fraud
and abuse in, such programs and operations; and
(3) to provide a means for keeping the head of the
establishment and the Congress fully and currently
informed about problems and deficiencies relating to
the administration of such programs and operations and
the necessity for and progress of corrective action;
there is established--
(A) in each of such establishments an office
of Inspector General, subject to subparagraph
(B); and
(B) in the establishment of the Department of
the Treasury--
(i) an Office of Inspector General of
the Department of the Treasury; and
(ii) an Office of Treasury Inspector
General for Tax Administration.]
[Sec. 3. Appointment of Inspector General; supervision; removal;
political activities; appointment of Assistant
Inspector General for Auditing and Assistant
Inspector General for Investigations
(a) There shall be at the head of each Office an Inspector
General who shall be appointed by the President, by and with
the advice and consent of the Senate, without regard to
political affiliation and solely on the basis of integrity and
demonstrated ability in accounting, auditing, financial
analysis, law, management analysis, public administration, or
investigations. Each Inspector General shall report to and be
under the general supervision of the head of the establishment
involved or, to the extent such authority is delegated, the
officer next in rank below such head, but shall not report to,
or be subject to supervision by, any other officer of such
establishment. Neither the head of the establishment nor the
officer next in rank below such head shall prevent or prohibit
the Inspector General from initiating, carrying out, or
completing any audit or investigation, or from issuing any
subpoena during the course of any audit or investigation.
(b) An Inspector General may be removed from office by the
President. If an Inspector General is removed from office or is
transferred to another position or location within an
establishment, the President shall communicate in writing the
reasons for any such removal or transfer to both Houses of
Congress, not later than 30 days before the removal or
transfer. Nothing in this subsection shall prohibit a personnel
action otherwise authorized by law, other than transfer or
removal.
(c) For the purposes of section 7324 of title 5, United
States Code, no Inspector General shall be considered to be an
employee who determines policies to be pursued by the United
States in the nationwide administration of Federal laws.
(d)(1) Each Inspector General shall, in accordance with
applicable laws and regulations governing the civil service--
(A) appoint an Assistant Inspector General for
Auditing who shall have the responsibility for
supervising the performance of auditing activities
relating to programs and operations of the
establishment;
(B) appoint an Assistant Inspector General for
Investigations who shall have the responsibility for
supervising the performance of investigative activities
relating to such programs and operations; and
(C) designate a Whistleblower Protection Coordinator
who shall--
(i) educate agency employees--
(I) about prohibitions against
retaliation for protected disclosures;
and
(II) who have made or are
contemplating making a protected
disclosure about the rights and
remedies against retaliation for
protected disclosures, including--
(aa) the means by which
employees may seek review of
any allegation of reprisal,
including the roles of the
Office of the Inspector
General, the Office of Special
Counsel, the Merit Systems
Protection Board, and any other
relevant entities; and
(bb) general information
about the timeliness of such
cases, the availability of any
alternative dispute mechanisms,
and avenues for potential
relief.
(ii) assist the Inspector General in
promoting the timely and appropriate handling
and consideration of protected disclosures and
allegations of reprisal, to the extent
practicable, by the Inspector General; and
(iii) assist the Inspector General in
facilitating communication and coordination
with the Special Counsel, the Council of the
Inspectors General on Integrity and Efficiency,
the establishment, Congress, and any other
relevant entity regarding the timely and
appropriate handling and consideration of
protected disclosures, allegations of reprisal,
and general matters regarding the
implementation and administration of
whistleblower protection laws, rules, and
regulations.
(2) The Whistleblower Protection Coordinator shall not act
as a legal representative, agent, or advocate of the employee
or former employee.
(3) The Whistleblower Protection Coordinator shall have
direct access to the Inspector General as needed to accomplish
the requirements of this subsection.
(4) For the purposes of this section, the requirement of
the designation of a Whistleblower Protection Ombudsman under
paragraph (1)(C) shall not apply to--
(A) any agency that is an element of the intelligence
community (as defined in section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4)) [50 U.S.C.
3003(4)]); or
(B) as determined by the President, any executive
agency or unit thereof the principal function of which
is the conduct of foreign intelligence or counter
intelligence activities.
(e) The annual rate of basic pay for an Inspector General
(as defined under section 12(3)) shall be the rate payable for
level III of the Executive Schedule under section 5314 of title
5, United States Code, plus 3 percent.
(f) An Inspector General (as defined under section 8G(a)(6)
or 12(3)) may not receive any cash award or cash bonus,
including any cash award under chapter 45 of title 5, United
States Code.
(g) Each Inspector General shall, in accordance with
applicable laws and regulations governing the civil service,
obtain legal advice from a counsel either reporting directly to
the Inspector General or another Inspector General.]
[Sec. 4. Duties and responsibilities; report of criminal violations to
Attorney General
(a) It shall be the duty and responsibility of each
Inspector General, with respect to the establishment within
which his Office is established--
(1) to provide policy direction for and to conduct,
supervise, and coordinate audits and investigations
relating to the programs and operations of such
establishment;
(2) to review existing and proposed legislation and
regulations relating to programs and operations of such
establishment and to make recommendations in the
semiannual reports required by section 5(a) concerning
the impact of such legislation or regulations on the
economy and efficiency in the administration of
programs and operations administered or financed by
such establishment or the prevention and detection of
fraud and abuse in such programs and operations;
(3) to recommend policies for, and to conduct,
supervise, or coordinate other activities carried out
or financed by such establishment for the purpose of
promoting economy and efficiency in the administration
of, or preventing and detecting fraud and abuse in, its
programs and operations;
(4) to recommend policies for, and to conduct,
supervise, or coordinate relationships between such
establishment and other Federal agencies, State and
local governmental agencies, and nongovernmental
entities with respect to (A) all matters relating to
the promotion of economy and efficiency in the
administration of, or the prevention and detection of
fraud and abuse in, programs and operations
administered or financed by such establishment, or (B)
the identification and prosecution of participants in
such fraud or abuse; and
(5) to keep the head of such establishment and the
Congress fully and currently informed, by means of the
reports required by section 5 and otherwise, concerning
fraud and other serious problems, abuses, and
deficiencies relating to the administration of programs
and operations administered or financed by such
establishment, to recommend corrective action
concerning such problems, abuses, and deficiencies, and
to report on the progress made in implementing such
corrective action.
(b)(1) In carrying out the responsibilities specified in
subsection (a)(1), each Inspector General shall--
(A) comply with standards established by the
Comptroller General of the United States for audits of
Federal establishments, organizations, programs,
activities, and functions;
(B) establish guidelines for determining when it
shall be appropriate to use non-Federal auditors; and
(C) take appropriate steps to assure that any work
performed by non-Federal auditors complies with the
standards established by the Comptroller General as
described in paragraph (1).
(2) For purposes of determining compliance with paragraph
(1)(A) with respect to whether internal quality controls are in
place and operating and whether established audit standards,
policies, and procedures are being followed by Offices of
Inspector General of establishments defined under section
12(2), Offices of Inspector General of designated Federal
entities defined under section 8G(a)(2), and any audit office
established within a Federal entity defined under section
8G(a)(1), reviews shall be performed exclusively by an audit
entity in the Federal Government, including the Government
Accountability Office or the Office of Inspector General of
each establishment defined under section 12(2), or the Office
of Inspector General of each designated Federal entity defined
under section 8G(a)(2).
(c) In carrying out the duties and responsibilities
established under this Act, each Inspector General shall give
particular regard to the activities of the Comptroller General
of the United States with a view toward avoiding duplication
and insuring effective coordination and cooperation.
(d) In carrying out the duties and responsibilities
established under this Act, each Inspector General shall report
expeditiously to the Attorney General whenever the Inspector
General has reasonable grounds to believe there has been a
violation of Federal criminal law.
(e)(1) In carrying out the duties and responsibilities
established under this Act, whenever an Inspector General
issues a recommendation for corrective action to the agency,
the Inspector General--
(A) shall submit the document making a recommendation
for corrective action to--
(i) the head of the establishment;
(ii) the congressional committees of
jurisdiction; and
(iii) if the recommendation for corrective
action was initiated upon request by an
individual or entity other than the Inspector
General, that individual or entity;
(B) may submit the document making a recommendation
for corrective action to any Member of Congress upon
request; and
(C) not later than 3 days after the recommendation
for corrective action is submitted in final form to the
head of the establishment, post the document making a
recommendation for corrective action on the website of
the Office of Inspector General.
(2) Nothing in this subsection shall be construed as
authorizing an Inspector General to publicly disclose
information otherwise prohibited from disclosure by law.]
[Sec. 5. Semiannual reports; transmittal to Congress; availability to
public; immediate report on serious or flagrant
problems; disclosure of information; definitions
(a) Each Inspector General shall, not later than April 30
and October 31 of each year, prepare semiannual reports
summarizing the activities of the Office during the immediately
preceding six-month periods ending March 31 and September 30.
Such reports shall include, but need not be limited to--
(1) a description of significant problems, abuses,
and deficiencies relating to the administration of
programs and operations of such establishment disclosed
by such activities during the reporting period;
(2) a description of the recommendations for
corrective action made by the Office during the
reporting period with respect to significant problems,
abuses, or deficiencies identified pursuant to
paragraph (1);
(3) an identification of each significant
recommendation described in previous semiannual reports
on which corrective action has not been completed;
(4) a summary of matters referred to prosecutive
authorities and the prosecutions and convictions which
have resulted;
(5) a summary of each report made to the head of the
establishment under section 6(c)(2) during the
reporting period;
(6) a listing, subdivided according to subject
matter, of each audit report, inspection reports, 1 and
evaluation reports 1 issued by the Office during the
reporting period and for each report, where 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;
(7) a summary of each particularly significant
report;
(8) statistical tables showing the total number of
audit reports, inspection reports, and evaluation
reports and the total dollar value of questioned costs
(including a separate category for the dollar value of
unsupported costs), for reports--
(A) for which no management decision had been
made by the commencement of the reporting
period;
(B) which were issued during the reporting
period;
(C) for which a management decision was made
during the reporting period, including--
(i) the dollar value of disallowed
costs; and
(ii) the dollar value of costs not
disallowed; and
(D) for which no management decision has been
made by the end of the reporting period;
(9) statistical tables showing the total number of
audit reports, inspection reports, and evaluation
reports and the dollar value of recommendations that
funds be put to better use by management, for reports--
(A) for which no management decision had been
made by the commencement of the reporting
period;
(B) which were issued during the reporting
period;
(C) for which a management decision was made
during the reporting period, including--
(i) the dollar value of
recommendations that were agreed to by
management; and
(ii) the dollar value of
recommendations that were not agreed to
by management; and
(D) for which no management decision has been
made by the end of the reporting period;
(10) a summary of each audit report, inspection
reports, 1 and evaluation reports 1 issued before the
commencement of the reporting period--
(A) for which no management decision has been
made by the end of the reporting period
(including the date and title of each such
report), an explanation of the reasons such
management decision has not been made, and a
statement concerning the desired timetable for
achieving a management decision on each such
report;
(B) for which no establishment comment was
returned within 60 days of providing the report
to the establishment; and
(C) for which there are any outstanding
unimplemented recommendations, including the
aggregate potential cost savings of those
recommendations.2
(11) a description and explanation of the reasons for
any significant revised management decision made during
the reporting period;
(12) information concerning any significant
management decision with which the Inspector General is
in disagreement;
(13) the information described under section 804(b)
of the Federal Financial Management Improvement Act of
1996;
(14)(A) an appendix containing the results of any
peer review conducted by another Office of Inspector
General during the reporting period; or
(B) if no peer review was conducted within that
reporting period, a statement identifying the date of
the last peer review conducted by another Office of
Inspector General;
(15) a list of any outstanding recommendations from
any peer review conducted by another Office of
Inspector General that have not been fully implemented,
including a statement describing the status of the
implementation and why implementation is not complete;
(16) a list of any peer reviews conducted by the
Inspector General of another Office of the Inspector
General during the reporting period, including a list
of any outstanding recommendations made from any
previous peer review (including any peer review
conducted before the reporting period) that remain
outstanding or have not been fully implemented;
(17) statistical tables showing--
(A) the total number of investigative reports
issued during the reporting period;
(B) the total number of persons referred to
the Department of Justice for criminal
prosecution during the reporting period;
(C) the total number of persons referred to
State and local prosecuting authorities for
criminal prosecution during the reporting
period; and
(D) the total number of indictments and
criminal informations during the reporting
period that resulted from any prior referral to
prosecuting authorities;
(18) a description of the metrics used for developing
the data for the statistical tables under paragraph
(17);
(19) a report on each investigation conducted by the
Office involving a senior Government employee where
allegations of misconduct were substantiated, including
the name of the senior government official (as defined
by the department or agency) if already made public by
the Office, and a detailed description of--
(A) the facts and circumstances of the
investigation; and
(B) 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;
(20)(A) a detailed description of any instance of
whistleblower retaliation, including information about
the official found to have engaged in retaliation; and
(B) what, if any, consequences the establishment
actually imposed to hold the official described in
subparagraph (A) accountable;
(21) a detailed description of any attempt by the
establishment to interfere with the independence of the
Office, including--
(A) with budget constraints designed to limit
the capabilities of the Office; and
(B) 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
(22) detailed descriptions of the particular
circumstances of each--
(A) inspection, evaluation, and audit
conducted by the Office that is closed and was
not disclosed to the public; and
(B) investigation conducted by the Office
involving a senior Government employee that is
closed and was not disclosed to the public.
(b) Semiannual reports of each Inspector General shall be
furnished to the head of the establishment involved not later
than April 30 and October 31 of each year and shall be
transmitted by such head to the appropriate committees or
subcommittees of the Congress within thirty days after receipt
of the report, together with a report by the head of the
establishment containing--
(1) any comments such head determines appropriate;
(2) statistical tables showing the total number of
audit reports, inspection reports, and evaluation
reports and the dollar value of disallowed costs, for
reports--
(A) for which final action had not been taken
by the commencement of the reporting period;
(B) on which management decisions were made
during the reporting period;
(C) for which final action was taken during
the reporting period, including--
(i) the dollar value of disallowed
costs that were recovered by management
through collection, offset, property in
lieu of cash, or otherwise; and
(ii) the dollar value of disallowed
costs that were written off by
management; and
(D) for which no final action has been taken
by the end of the reporting period;
(3) statistical tables showing the total number of
audit reports, inspection reports, and evaluation
reports and the dollar value of recommendations that
funds be put to better use by management agreed to in a
management decision, for reports--
(A) for which final action had not been taken
by the commencement of the reporting period;
(B) on which management decisions were made
during the reporting period;
(C) for which final action was taken during
the reporting period, including--
(i) the dollar value of
recommendations that were actually
completed; and
(ii) the dollar value of
recommendations that management has
subsequently concluded should not or
could not be implemented or completed;
and
(D) for which no final action has been taken
by the end of the reporting period;
(4) whether the establishment entered into a
settlement agreement with the official described in
subsection (a)(20)(A), which shall be reported
regardless of any confidentiality agreement relating to
the settlement agreement; and
(5) a statement with respect to audit reports on
which management decisions have been made but final
action has not been taken, other than audit reports on
which a management decision was made within the
preceding year, containing--
(A) a list of such audit reports and the date
each such report was issued;
(B) the dollar value of disallowed costs for
each report;
(C) the dollar value of recommendations that
funds be put to better use agreed to by
management for each report; and
(D) an explanation of the reasons final
action has not been taken with respect to each
such audit report, except that such statement
may exclude such audit reports that are under
formal administrative or judicial appeal or
upon which management of an establishment has
agreed to pursue a legislative solution, but
shall identify the number of reports in each
category so excluded.
(c) Within sixty days of the transmission of the semiannual
reports of each Inspector General to the Congress, the head of
each establishment shall make copies of such report available
to the public upon request and at a reasonable cost. Within 60
days after the transmission of the semiannual reports of each
establishment head to the Congress, the head of each
establishment shall make copies of such report available to the
public upon request and at a reasonable cost.
(d) Each Inspector General shall report immediately to the
head of the establishment involved whenever the Inspector
General becomes aware of particularly serious or flagrant
problems, abuses, or deficiencies relating to the
administration of programs and operations of such
establishment. The head of the establishment shall transmit any
such report to the appropriate committees or subcommittees of
Congress within seven calendar days, together with a report by
the head of the establishment containing any comments such head
deems appropriate.
(e)(1) Nothing in this section shall be construed to
authorize the public disclosure of information which is--
(A) specifically prohibited from disclosure by any
other provision of law;
(B) specifically required by Executive order to be
protected from disclosure in the interest of national
defense or national security or in the conduct of
foreign affairs; or
(C) a part of an ongoing criminal investigation.
(2) Notwithstanding paragraph (1)(C), any report under this
section may be disclosed to the public in a form which includes
information with respect to a part of an ongoing criminal
investigation if such information has been included in a public
record.
(3) Except to the extent and in the manner provided under
section 6103(f) of the Internal Revenue Code of 1986 [26 U.S.C.
6103(f)], nothing in this section or in any other provision of
this Act shall be construed to authorize or permit the
withholding of information from the Congress, or from any
committee or subcommittee thereof.
(4) Subject to any other provision of law that would
otherwise prohibit disclosure of such information, the
information described in paragraph (1) may be provided to any
Member of Congress upon request.
(5) An Office may not provide to Congress or the public any
information that reveals the personally identifiable
information of a whistleblower under this section unless the
Office first obtains the consent of the whistleblower.
(f) As used in this section--
(1) the term ``questioned cost'' means a cost that is
questioned by the Office because of--
(A) an alleged violation of a provision of a
law, regulation, contract, grant, cooperative
agreement, or other agreement or document
governing the expenditure of funds;
(B) a finding that, at the time of the audit,
such cost is not supported by adequate
documentation; or
(C) a finding that the expenditure of funds
for the intended purpose is unnecessary or
unreasonable;
(2) the term ``unsupported cost'' means a cost that
is questioned by the Office because the Office found
that, at the time of the audit, such cost is not
supported by adequate documentation;
(3) 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;
(4) the term ``recommendation that funds be put to
better use'' means a recommendation by the Office that
funds could be used more efficiently if management of
an establishment took actions to implement and complete
the recommendation, including--
(A) reductions in outlays;
(B) deobligation of funds from programs or
operations;
(C) withdrawal of interest subsidy costs on
loans or loan guarantees, insurance, or bonds;
(D) costs not incurred by implementing
recommended improvements related to the
operations of the establishment, a contractor
or grantee;
(E) avoidance of unnecessary expenditures
noted in preaward reviews of contract or grant
agreements; or
(F) any other savings which are specifically
identified;
(5) the term ``management decision'' means the
evaluation by the management of an establishment of the
findings and recommendations included in an audit
report and the issuance of a final decision by
management concerning its response to such findings and
recommendations, including actions concluded to be
necessary;
(6) 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; and
(7) the term ``senior Government employee'' means--
(A) an officer or employee in the executive
branch (including a special Government employee
as defined in section 202 of title 18, United
States Code) who occupies a position classified
at or above GS-15 of the General Schedule or,
in the case of positions not under the General
Schedule, for which the rate of basic pay is
equal to or greater than 120 percent of the
minimum rate of basic pay payable for GS-15 of
the General Schedule; and
(B) any commissioned officer in the Armed
Forces in pay grades O-6 and above.]
[Sec. 6. Authority of Inspector General; information and assistance
from Federal agencies; unreasonable refusal; office
space and equipment
(a) In addition to the authority otherwise provided by this
Act, each Inspector General, in carrying out the provisions of
this Act, is authorized--
(1)(A) to have timely access to all records, reports,
audits, reviews, documents, papers, recommendations, or
other materials available to the applicable
establishment which relate to the programs and
operations with respect to which that Inspector General
has responsibilities under this Act;
(B) to have access under subparagraph (A)
notwithstanding any other provision of law, except
pursuant to any provision of law enacted by Congress
that expressly--
(i) refers to the Inspector General; and
(ii) limits the right of access of the
Inspector General; and
(C) except as provided in subsection (i), with regard
to Federal grand jury materials protected from
disclosure pursuant to rule 6(e) of the Federal Rules
of Criminal Procedure, to have timely access to such
information if the Attorney General grants the request
in accordance with subsection (h);
(2) to make such investigations and reports relating
to the administration of the programs and operations of
the applicable establishment as are, in the judgment of
the Inspector General, necessary or desirable;
(3) to request such information or assistance as may
be necessary for carrying out the duties and
responsibilities provided by this Act from any Federal,
State, or local governmental agency or unit thereof;
(4) to require by subpoena the production of all
information, documents, reports, answers, records,
accounts, papers, and other data in any medium
(including electronically stored information), as well
as any tangible thing and documentary evidence
necessary in the performance of the functions assigned
by this Act, which subpoena, in the case of contumacy
or refusal to obey, shall be enforceable by order of
any appropriate United States district court: Provided,
That procedures other than subpoenas shall be used by
the Inspector General to obtain documents and
information from Federal agencies;
(5) to administer to or take from any person an oath,
affirmation, or affidavit, whenever necessary in the
performance of the functions assigned by this Act,
which oath, affirmation, or affidavit when administered
or taken by or before an employee of an Office of
Inspector General designated by the Inspector General
shall have the same force and effect as if administered
or taken by or before an officer having a seal;
(6) to have direct and prompt access to the head of
the establishment involved when necessary for any
purpose pertaining to the performance of functions and
responsibilities under this Act;
(7) to select, appoint, and employ such officers and
employees as may be necessary for carrying out the
functions, powers, and duties of the Office subject to
the provisions of title 5, United States Code,
governing appointments in the competitive service, and
the provisions of chapter 51 and subchapter III of
chapter 53 of such title relating to classification and
General Schedule pay rates;
(8) to obtain services as authorized by section 3109
of title 5, United States Code, at daily rates not to
exceed the equivalent rate prescribed for grade GS-18
of the General Schedule by section 5332 of title 5,
United States Code; and
(9) to the extent and in such amounts as may be
provided in advance by appropriations Acts, to enter
into contracts and other arrangements for audits,
studies, analyses, and other services with public
agencies and with private persons, and to make such
payments as may be necessary to carry out the
provisions of this Act.
(b) Nothing in this section shall be construed as
authorizing an Inspector General to publicly disclose
information otherwise prohibited from disclosure by law.
(c)(1) Upon request of an Inspector General for information
or assistance under subsection (a)(3), the head of any Federal
agency involved shall, insofar as is practicable and not in
contravention of any existing statutory restriction or
regulation of the Federal agency from which the information is
requested, furnish to such Inspector General, or to an
authorized designee, such information or assistance.
(2) Whenever information or assistance requested under
subsection (a)(1) or (a)(3) is, in the judgment of an Inspector
General, unreasonably refused or not provided, the Inspector
General shall report the circumstances to the head of the
establishment involved without delay.
(d) Each head of an establishment shall provide the Office
within such establishment with appropriate and adequate office
space at central and field office locations of such
establishment, together with such equipment, office supplies,
and communications facilities and services as may be necessary
for the operation of such offices, and shall provide necessary
maintenance services for such offices and the equipment and
facilities located therein.
(e)(1)(A) For purposes of applying the provisions of law
identified in subparagraph (B)--
(i) each Office of Inspector General shall be
considered to be a separate agency; and
(ii) the Inspector General who is the head of an
office referred to in clause (i) shall, with respect to
such office, have the functions, powers, and duties of
an agency head or appointing authority under such
provisions.
(B) This paragraph applies with respect to the following
provisions of title 5, United States Code:
(i) Subchapter II of chapter 35.
(ii) Sections 8335(b), 8336, 8344, 8414, 8468, and
8425(b).
(iii) All provisions relating to the Senior Executive
Service (as determined by the Office of Personnel
Management), subject to paragraph (2).
(2) For purposes of applying section 4507(b) of title 5,
United States Code, paragraph (1)(A)(ii) shall be applied by
substituting ``the Council of the Inspectors General on
Integrity and Efficiency (established by section 11 of the
Inspector General Act) shall'' for ``the Inspector General who
is the head of an office referred to in clause (i) shall, with
respect to such office,''.
(f)(1) In addition to the authority otherwise provided by
this Act, each Inspector General, any Assistant Inspector
General for Investigations under such an Inspector General, and
any special agent supervised by such an Assistant Inspector
General may be authorized by the Attorney General to--
(A) carry a firearm while engaged in official duties
as authorized under this Act or other statute, or as
expressly authorized by the Attorney General;
(B) make an arrest without a warrant while engaged in
official duties as authorized under this Act or other
statute, or as expressly authorized by the Attorney
General, for any offense against the United States
committed in the presence of such Inspector General,
Assistant Inspector General, or agent, or for any
felony cognizable under the laws of the United States
if such Inspector General, Assistant Inspector General,
or agent has reasonable grounds to believe that the
person to be arrested has committed or is committing
such felony; and
(C) seek and execute warrants for arrest, search of a
premises, or seizure of evidence issued under the
authority of the United States upon probable cause to
believe that a violation has been committed.
(2) The Attorney General may authorize exercise of the
powers under this subsection only upon an initial determination
that--
(A) the affected Office of Inspector General is
significantly hampered in the performance of
responsibilities established by this Act as a result of
the lack of such powers;
(B) available assistance from other law enforcement
agencies is insufficient to meet the need for such
powers; and
(C) adequate internal safeguards and management
procedures exist to ensure proper exercise of such
powers.
(3) The Inspector General offices of the Department of
Commerce, Department of Education, Department of Energy,
Department of Health and Human Services, Department of Homeland
Security, Department of Housing and Urban Development,
Department of the Interior, Department of Justice, Department
of Labor, Department of State, Department of Transportation,
Department of the Treasury, Department of Veterans Affairs,
Agency for International Development, Environmental Protection
Agency, Federal Deposit Insurance Corporation, Federal
Emergency Management Agency, General Services Administration,
National Aeronautics and Space Administration, Nuclear
Regulatory Commission, Office of Personnel Management, Railroad
Retirement Board, Small Business Administration, Social
Security Administration, and the Tennessee Valley Authority are
exempt from the requirement of paragraph (2) of an initial
determination of eligibility by the Attorney General.
(4) The Attorney General shall promulgate, and revise as
appropriate, guidelines which shall govern the exercise of the
law enforcement powers established under paragraph (1).
(5)(A) Powers authorized for an Office of Inspector General
under paragraph (1) may be rescinded or suspended upon a
determination by the Attorney General that any of the
requirements under paragraph (2) is no longer satisfied or that
the exercise of authorized powers by that Office of Inspector
General has not complied with the guidelines promulgated by the
Attorney General under paragraph (4).
(B) Powers authorized to be exercised by any individual
under paragraph (1) may be rescinded or suspended with respect
to that individual upon a determination by the Attorney General
that such individual has not complied with guidelines
promulgated by the Attorney General under paragraph (4).
(6) A determination by the Attorney General under paragraph
(2) or (5) shall not be reviewable in or by any court.
(7) To ensure the proper exercise of the law enforcement
powers authorized by this subsection, the Offices of Inspector
General described under paragraph (3) shall, not later than 180
days after the date of enactment of this subsection,
collectively enter into a memorandum of understanding to
establish an external review process for ensuring that adequate
internal safeguards and management procedures continue to exist
within each Office and within any Office that later receives an
authorization under paragraph (2). The review process shall be
established in consultation with the Attorney General, who
shall be provided with a copy of the memorandum of
understanding that establishes the review process. Under the
review process, the exercise of the law enforcement powers by
each Office of Inspector General shall be reviewed periodically
by another Office of Inspector General or by a committee of
Inspectors General. The results of each review shall be
communicated in writing to the applicable Inspector General and
to the Attorney General.
(8) No provision of this subsection shall limit the
exercise of law enforcement powers established under any other
statutory authority, including United States Marshals Service
special deputation.
(9) In this subsection, the term ``Inspector General''
means an Inspector General appointed under section 3 or an
Inspector General appointed under section 8G.
(g)(1) For each fiscal year, an Inspector General shall
transmit a budget estimate and request to the head of the
establishment or designated Federal entity to which the
Inspector General reports. The budget request shall specify the
aggregate amount of funds requested for such fiscal year for
the operations of that Inspector General and shall specify the
amount requested for all training needs, including a
certification from the Inspector General that the amount
requested satisfies all training requirements for the Inspector
General's office for that fiscal year, and any resources
necessary to support the Council of the Inspectors General on
Integrity and Efficiency. Resources necessary to support the
Council of the Inspectors General on Integrity and Efficiency
shall be specifically identified and justified in the budget
request.
(2) In transmitting a proposed budget to the President for
approval, the head of each establishment or designated Federal
entity shall include--
(A) an aggregate request for the Inspector General;
(B) amounts for Inspector General training;
(C) amounts for support of the Council of the
Inspectors General on Integrity and Efficiency; and
(D) any comments of the affected Inspector General
with respect to the proposal.
(3) The President shall include in each budget of the
United States Government submitted to Congress--
(A) a separate statement of the budget estimate
prepared in accordance with paragraph (1);
(B) the amount requested by the President for each
Inspector General;
(C) the amount requested by the President for
training of Inspectors General;
(D) the amount requested by the President for support
for the Council of the Inspectors General on Integrity
and Efficiency; and
(E) any comments of the affected Inspector General
with respect to the proposal if the Inspector General
concludes that the budget submitted by the President
would substantially inhibit the Inspector General from
performing the duties of the office.
(h)(1) If the Inspector General of an establishment submits
a request to the head of the establishment for Federal grand
jury materials pursuant to subsection (a)(1), the head of the
establishment shall immediately notify the Attorney General of
such request.
(2) Not later than 15 days after the date on which a
request is submitted to the Attorney General under paragraph
(1), the Attorney General shall determine whether to grant or
deny the request for Federal grand jury materials and shall
immediately notify the head of the establishment of such
determination. The Attorney General shall grant the request
unless the Attorney General determines that granting access to
the Federal grand jury materials would be likely to--
(A) interfere with an ongoing criminal investigation
or prosecution;
(B) interfere with an undercover operation;
(C) result in disclosure of the identity of a
confidential source, including a protected witness;
(D) pose a serious threat to national security; or
(E) result in significant impairment of the trade or
economic interests of the United States.
(3)(A) The head of the establishment shall inform the
Inspector General of the establishment of the determination
made by the Attorney General with respect to the request for
Federal grand jury materials.
(B) The Inspector General of the establishment described
under subparagraph (A) may submit comments on the determination
submitted pursuant to such subparagraph to the committees
listed under paragraph (4) that the Inspector General considers
appropriate.
(4) Not later than 30 days after notifying the head of an
establishment of a denial pursuant to paragraph (2), the
Attorney General shall submit a statement that the request for
Federal grand jury materials by the Inspector General was
denied and the reason for the denial to each of the following:
(A) The Committee on Homeland Security and
Governmental Affairs, the Committee on the Judiciary,
and the Select Committee on Intelligence of the Senate.
(B) The Committee on Oversight and Government Reform,
the Committee on the Judiciary, and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(C) Other appropriate committees and subcommittees of
Congress.
(i) Subsections (a)(1)(C) and (h) shall not
apply to requests from the Inspector General of
the Department of Justice.
(j)(1) In this subsection, the terms ``agency'', ``matching
program'', ``record'', and ``system of records''' have the
meanings given those terms in section 552a(a) of title 5,
United States Code.
(2) For purposes of section 552a of title 5, United States
Code, or any other provision of law, a computerized comparison
of two or more automated Federal systems of records, or a
computerized comparison of a Federal system of records with
other records or non-Federal records, performed by an Inspector
General or by an agency in coordination with an Inspector
General in conducting an audit, investigation, inspection,
evaluation, or other review authorized under this Act shall not
be considered a matching program.
(3) Nothing in this subsection shall be construed to impede
the exercise by an Inspector General of any matching program
authority established under any other provision of law.
(k) Subchapter I of chapter 35 of title 44, United States
Code, shall not apply to the collection of information during
the conduct of an audit, investigation, inspection, evaluation,
or other review conducted by the Council of the Inspectors
General on Integrity and Efficiency or any Office of Inspector
General, including any Office of Special Inspector General.]
[Sec. 7. Complaints by employees; disclosure of identity; reprisals
(a) The Inspector General may receive and investigate
complaints or information from an employee of the establishment
concerning the possible existence of an activity constituting a
violation of law, rules, or regulations, or mismanagement,
gross waste of funds, abuse of authority or a substantial and
specific danger to the public health and safety.
(b) The Inspector General shall not, after receipt of a
complaint or information from an employee, disclose the
identity of the employee without the consent of the employee,
unless the Inspector General determines such disclosure is
unavoidable during the course of the investigation.
(c) Any employee who has authority to take, direct others
to take, recommend, or approve any personnel action, shall not,
with respect to such authority, take or threaten to take any
action against any employee as a reprisal for making a
complaint or disclosing information to an Inspector General,
unless the complaint was made or the information disclosed with
the knowledge that it was false or with willful disregard for
its truth or falsity.]
[Sec. 8. Additional provisions with respect to the Inspector General of
the Department of Defense
(a) No member of the Armed Forces, active or reserve, shall
be appointed Inspector General of the Department of Defense.
(b)(1) Notwithstanding the last two sentences of section
3(a), the Inspector General shall be under the authority,
direction, and control of the Secretary of Defense with respect
to audits or investigations, or the issuance of subpoenas,
which require access to information concerning--
(A) sensitive operational plans;
(B) intelligence matters;
(C) counterintelligence matters;
(D) ongoing criminal investigations by other
administrative units of the Department of Defense
related to national security; or
(E) other matters the disclosure of which would
constitute a serious threat to national security.
(2) With respect to the information described in paragraph
(1) the Secretary of Defense may prohibit the Inspector General
from initiating, carrying out, or completing any audit or
investigation, from accessing information described in
paragraph (1), or from issuing any subpoena, after the
Inspector General has decided to initiate, carry out or
complete such audit or investigation, access such information,
or to issue such subpoena, if the Secretary determines that
such prohibition is necessary to preserve the national security
interests of the United States.
(3) If the Secretary of Defense exercises any power under
paragraph (1) or (2), the Inspector General shall submit a
statement concerning such exercise within thirty days to the
Committees on Armed Services and Governmental Affairs of the
Senate and the Committee on Armed Services and the Committee on
Government Reform and Oversight of the House of Representatives
and to other appropriate committees or subcommittees of the
Congress.
(4) The Secretary shall, within thirty days after
submission of a statement under paragraph (3), transmit a
statement of the reasons for the exercise of power under
paragraph (1) or (2) to the congressional committees specified
in paragraph (3) and to other appropriate committees or
subcommittees.
(c) In addition to the other duties and responsibilities
specified in this Act, the Inspector General of the Department
of Defense shall--
(1) be the principal adviser to the Secretary of
Defense for matters relating to the prevention and
detection of fraud, waste, and abuse in the programs
and operations of the Department;
(2) initiate, conduct, and supervise such audits and
investigations in the Department of Defense (including
the military departments) as the Inspector General
considers appropriate;
(3) provide policy direction for audits and
investigations relating to fraud, waste, and abuse and
program effectiveness;
(4) investigate fraud, waste, and abuse uncovered as
a result of other contract and internal audits, as the
Inspector General considers appropriate;
(5) develop policy, monitor and evaluate program
performance, and provide guidance with respect to all
Department activities relating to criminal
investigation programs;
(6) monitor and evaluate the adherence of Department
auditors to internal audit, contract audit, and
internal review principles, policies, and procedures;
(7) develop policy, evaluate program performance, and
monitor actions taken by all components of the
Department in response to contract audits, internal
audits, internal review reports, and audits conducted
by the Comptroller General of the United States;
(8) request assistance as needed from other audit,
inspection, and investigative units of the Department
of Defense (including military departments);
(9) give particular regard to the activities of the
internal audit, inspection, and investigative units of
the military departments with a view toward avoiding
duplication and insuring effective coordination and
cooperation; and
(10) conduct, or approve arrangements for the conduct
of, external peer reviews of Department of Defense
audit agencies in accordance with and in such frequency
as provided by Government auditing standards as
established by the Comptroller General of the United
States.
(d) Notwithstanding section 4(d), the Inspector General of
the Department of Defense shall expeditiously report suspected
or alleged violations of chapter 47 of title 10, United States
Code (Uniform Code of Military Justice), to the Secretary of
the military department concerned or the Secretary of Defense.
(e) For the purposes of section 7, a member of the Armed
Forces shall be deemed to be an employee of the Department of
Defense, except that, when the Coast Guard operates as a
service of another department or agency of the Federal
Government, a member of the Coast Guard shall be deemed to be
an employee of such department or agency.
(f)(1) Each semiannual report prepared by the Inspector
General of the Department of Defense under section 5(a) shall
be transmitted by the Secretary of Defense to the Committees on
Armed Services and on Homeland Security and Governmental
Affairs of the Senate and the Committees on Armed Services and
on Oversight and Government Reform of the House of
Representatives and to other appropriate committees or
subcommittees of Congress. Each such report shall include--
(A) information concerning the numbers and types of
contract audits conducted by the Department during the
reporting period; and
(B) information concerning any Department of Defense
audit agency that, during the reporting period, has
either received a failed opinion from an external peer
review or is overdue for an external peer review
required to be conducted in accordance with subsection
(c)(10).
(2) Any report required to be transmitted by the Secretary
of Defense to the appropriate committees or subcommittees of
the Congress under section 5(d) shall also be transmitted,
within the seven-day period specified in such section, to the
congressional committees specified in paragraph (1).
(g) The provisions of section 1385 of title 18, United
States Code, shall not apply to audits and investigations
conducted by, under the direction of, or at the request of the
Inspector General of the Department of Defense to carry out the
purposes of this Act.
(h)(1) There is a General Counsel to the Inspector General
of the Department of Defense, who shall be appointed by the
Inspector General of the Department of Defense.
(2)(A) Notwithstanding section 140(b) of title 10, United
States Code, the General Counsel is the chief legal officer of
the Office of the Inspector General.
(B) The Inspector General is the exclusive legal client of
the General Counsel.
(C) The General Counsel shall perform such functions as the
Inspector General may prescribe.
(D) The General Counsel shall serve at the discretion of
the Inspector General.
(3) There is an Office of the General Counsel to the
Inspector General of the Department of Defense. The Inspector
General may appoint to the Office to serve as staff of the
General Counsel such legal counsel as the Inspector General
considers appropriate.
(i)(1) The Inspector General of the Department of
Defense is authorized to require by subpoena the
attendance and testimony of witnesses as necessary in
the performance of functions assigned to the Inspector
General by this Act, except that the Inspector General
shall use procedures other than subpoenas to obtain
attendance and testimony from Federal employees.
(2) A subpoena issued under this subsection, in the
case of contumacy or refusal to obey, shall be
enforceable by order of any appropriate United States
district court.
(3) The Inspector General shall notify the Attorney
General 7 days before issuing any subpoena under this
section.]
Sec. 8A. Special provisions relating to the Agency for International
Development
* * * * * * *
[(c) In addition to the officers and employees provided for
in section 6(a)(6) of this Act, members of the Foreign Service
may, at the request of the Inspector General of the Agency for
International Development, be assigned as employees of the
Inspector General. Members of the Foreign Service so assigned
shall be responsible solely to the Inspector General, and the
Inspector General (or his or her designee) shall prepare the
performance evaluation reports for such members.
(d) In establishing and staffing field offices pursuant to
section 6(d) of this Act, the Administrator of the Agency for
International Development shall not be bound by overseas
personnel ceilings established under the Monitoring Overseas
Direct Employment policy.
(e) The Inspector General of the Agency for International
Development shall be in addition to the officers provided for
in section 624(a) of the Foreign Assistance Act of 1961 [22
U.S.C. 2384(a)].
(f) As used in this Act, the term ``Agency for
International Development'' includes any successor agency
primarily responsible for administering part I of the Foreign
Assistance Act of 1961 [22 U.S.C. 2151 et seq.].]
[Sec. 8B. Special provisions concerning the Nuclear Regulatory
Commission
(a) The Chairman of the Commission may delegate the
authority specified in the second sentence of section 3(a) to
another member of the Nuclear Regulatory Commission, but shall
not delegate such authority to any other officer or employee of
the Commission.
(b) Notwithstanding sections 6(a)(7) and (8), the Inspector
General of the Nuclear Regulatory Commission is authorized to
select, appoint, and employ such officers and employees as may
be necessary for carrying out the functions, powers and duties
of the Office of Inspector General and to obtain the temporary
or intermittent services of experts or consultants or an
organization thereof, subject to the applicable laws and
regulations that govern such selections, appointments and
employment, and the obtaining of such services, within the
Nuclear Regulatory Commission.]
[Sec. 8C. Special provisions concerning the Federal Deposit Insurance
Corporation
(a) Delegation.--The Chairperson of the Federal Deposit
Insurance Corporation may delegate the authority specified in
the second sentence of section 3(a) to the Vice Chairperson of
the Board of Directors of the Federal Deposit Insurance
Corporation, but may not delegate such authority to any other
officer or employee of the Corporation.
(b) Personnel.--Notwithstanding paragraphs (7) and (8) of
section 6(a), the Inspector General of the Federal Deposit
Insurance Corporation may select, appoint, and employ such
officers and employees as may be necessary for carrying out the
functions, powers, and duties of the Office of Inspector
General and to obtain the temporary or intermittent services of
experts or consultants or an organization of experts or
consultants, subject to the applicable laws and regulations
that govern such selections, appointments, and employment, and
the obtaining of such services, within the Federal Deposit
Insurance Corporation.]
[Sec. 8D. Special provisions concerning the Department of the Treasury
(a)(1) Notwithstanding the last two sentences of section
3(a), the Inspector General of the Department of the Treasury
shall be under the authority, direction, and control of the
Secretary of the Treasury with respect to audits or
investigations, or the issuance of subpoenas, which require
access to sensitive information concerning--
(A) ongoing criminal investigations or proceedings;
(B) undercover operations;
(C) the identity of confidential sources, including
protected witnesses;
(D) deliberations and decisions on policy matters,
including documented information used as a basis for
making policy decisions, the disclosure of which could
reasonably be expected to have a significant influence
on the economy or market behavior;
(E) intelligence or counterintelligence matters; or
(F) other matters the disclosure of which would
constitute a serious threat to national security or to
the protection of any person or property authorized
protection by section 3056 of title 18, United States
Code, section 3056A of title 18, United States Code, or
any provision of the Presidential Protection Assistance
Act of 1976 (18 U.S.C. 3056 note; Public Law 94-524).
(2) With respect to the information described under
paragraph (1), the Secretary of the Treasury may prohibit the
Inspector General of the Department of the Treasury from
carrying out or completing any audit or investigation, from
accessing information described in paragraph (1), or from
issuing any subpoena, after such Inspector General has decided
to initiate, carry out, or complete such audit or
investigation, access such information, or to issue such
subpoena, if the Secretary determines that such prohibition is
necessary to prevent the disclosure of any information
described under paragraph (1) or to prevent significant
impairment to the national interests of the United States.
(3) If the Secretary of the Treasury exercises any power
under paragraph (1) or (2), the Secretary of the Treasury shall
notify the Inspector General of the Department of the Treasury
in writing stating the reasons for such exercise. Within 30
days after receipt of any such notice, the Inspector General of
the Department of the Treasury shall transmit a copy of such
notice to the Committees on Governmental Affairs and Finance of
the Senate and the Committees on Government Operations and Ways
and Means of the House of Representatives, and to other
appropriate committees or subcommittees of the Congress.
(4) The Secretary of the Treasury may not exercise any
power under paragraph (1) or (2) with respect to the Treasury
Inspector General for Tax Administration.
(b)(1) In carrying out the duties and responsibilities
specified in this Act, the Inspector General of the Department
of the Treasury shall have oversight responsibility for the
internal investigations performed by the Office of Internal
Affairs of the Tax and Trade Bureau. The head of such office
shall promptly report to the Inspector General of the
Department of the Treasury the significant activities being
carried out by such office.
(2) The Inspector General of the Department of the Treasury
shall exercise all duties and responsibilities of an Inspector
General for the Department of the Treasury other than the
duties and responsibilities exercised by the Treasury Inspector
General for Tax Administration.
(3) The Secretary of the Treasury shall establish
procedures under which the Inspector General of the Department
of the Treasury and the Treasury Inspector General for Tax
Administration will--
(A) determine how audits and investigations are
allocated in cases of overlapping jurisdiction; and
(B) provide for coordination, cooperation, and
efficiency in the conduct of such audits and
investigations.
(c) Notwithstanding subsection (b), the Inspector General
of the Department of the Treasury may initiate, conduct and
supervise such audits and investigations in the Department of
the Treasury (including the bureau referred to in subsection
(b)) as the Inspector General of the Department of the Treasury
considers appropriate.
(d) If the Inspector General of the Department of the
Treasury initiates an audit or investigation under subsection
(c) concerning the bureau referred to in subsection (b), the
Inspector General of the Department of the Treasury may provide
the head of the office of such bureau referred to in subsection
(b) with written notice that the Inspector General of the
Department of the Treasury has initiated such an audit or
investigation. If the Inspector General of the Department of
the Treasury issues a notice under the preceding sentence, no
other audit or investigation shall be initiated into the matter
under audit or investigation by the Inspector General of the
Department of the Treasury and any other audit or investigation
of such matter shall cease.
(e)(1) The Treasury Inspector General for Tax
Administration shall have access to returns and return
information, as defined in section 6103(b) of the Internal
Revenue Code of 1986 [26 U.S.C. 6103(b)], only in accordance
with the provisions of section 6103 of such Code [26 U.S.C.
6103] and this Act.
(2) The Internal Revenue Service shall maintain the same
system of standardized records or accountings of all requests
from the Treasury Inspector General for Tax Administration for
inspection or disclosure of returns and return information
(including the reasons for and dates of such requests), and of
returns and return information inspected or disclosed pursuant
to such requests, as described under section 6103(p)(3)(A) of
the Internal Revenue Code of 1986 [26 U.S.C. 6103(p)(3)(A)].
Such system of standardized records or accountings shall also
be available for examination in the same manner as provided
under section 6103(p)(3) of the Internal Revenue Code of 1986.
(3) The Treasury Inspector General for Tax Administration
shall be subject to the same safeguards and conditions for
receiving returns and return information as are described under
section 6103(p)(4) of the Internal Revenue Code of 1986 [26
U.S.C. 6103(p)(4)].
(f) An audit or investigation conducted by the Inspector
General of the Department of the Treasury or the Treasury
Inspector General for Tax Administration shall not affect a
final decision of the Secretary of the Treasury or his delegate
under section 6406 of the Internal Revenue Code of 1986 [26
U.S.C. 6406].
(g)(1) Any report required to be transmitted by the
Secretary of the Treasury to the appropriate committees or
subcommittees of the Congress under section 5(d) shall also be
transmitted, within the seven-day period specified under such
section, to the Committees on Governmental Affairs and Finance
of the Senate and the Committees on Government Reform and
Oversight and Ways and Means of the House of Representatives.
(2) Any report made by the Treasury Inspector General for
Tax Administration that is required to be transmitted by the
Secretary of the Treasury to the appropriate committees or
subcommittees of Congress under section 5(d) shall also be
transmitted, within the 7-day period specified under such
subsection, to the Internal Revenue Service Oversight Board and
the Commissioner of Internal Revenue.
(h) The Treasury Inspector General for Tax Administration
shall exercise all duties and responsibilities of an Inspector
General of an establishment with respect to the Department of
the Treasury and the Secretary of the Treasury on all matters
relating to the Internal Revenue Service. The Treasury
Inspector General for Tax Administration shall have sole
authority under this Act to conduct an audit or investigation
of the Internal Revenue Service Oversight Board and the Chief
Counsel for the Internal Revenue Service.
(i) In addition to the requirements of the first sentence
of section 3(a), the Treasury Inspector General for Tax
Administration should have demonstrated ability to lead a large
and complex organization.
(j) An individual appointed to the position of Treasury
Inspector General for Tax Administration, the Assistant
Inspector General for Auditing of the Office of the Treasury
Inspector General for Tax Administration under section
3(d)(1)(A), the Assistant Inspector General for Investigations
of the Office of the Treasury Inspector General for Tax
Administration under section 3(d)(1)(B), or any position of
Deputy Inspector General of the Office of the Treasury
Inspector General for Tax Administration may not be an employee
of the Internal Revenue Service--
(1) during the 2-year period preceding the date of
appointment to such position; or
(2) during the 5-year period following the date such
individual ends service in such position.
(k)(1) In addition to the duties and responsibilities
exercised by an inspector general of an establishment, the
Treasury Inspector General for Tax Administration--
(A) shall have the duty to enforce criminal
provisions under section 7608(b) of the Internal
Revenue Code of 1986 [26 U.S.C. 7608(b)];
(B) in addition to the functions authorized under
section 7608(b)(2) of such Code, may carry firearms;
(C) shall be responsible for protecting the Internal
Revenue Service against external attempts to corrupt or
threaten employees of the Internal Revenue Service, but
shall not be responsible for the conducting of
background checks and the providing of protection to
the Commissioner of Internal Revenue; and
(D) may designate any employee in the Office of the
Treasury Inspector General for Tax Administration to
enforce such laws and perform such functions referred
to under subparagraphs (A), (B), and (C).
(2)(A) In performing a law enforcement function under
paragraph (1), the Treasury Inspector General for Tax
Administration shall report any reasonable grounds to believe
there has been a violation of Federal criminal law to the
Attorney General at an appropriate time as determined by the
Treasury Inspector General for Tax Administration,
notwithstanding section 4(d).
(B) In the administration of section 5(d) and subsection
(g)(2) of this section, the Secretary of the Treasury may
transmit the required report with respect to the Treasury
Inspector General for Tax Administration at an appropriate time
as determined by the Secretary, if the problem, abuse, or
deficiency relates to--
(i) the performance of a law enforcement function
under paragraph (1); and
(ii) sensitive information concerning matters under
subsection (a)(1)(A) through (F).
(3) Nothing in this subsection shall be construed to affect
the authority of any other person to carry out or enforce any
provision specified in paragraph (1).
(l)(1) The Commissioner of Internal Revenue or the Internal
Revenue Service Oversight Board may request, in writing, the
Treasury Inspector General for Tax Administration to conduct an
audit or investigation relating to the Internal Revenue
Service. If the Treasury Inspector General for Tax
Administration determines not to conduct such audit or
investigation, the Inspector General shall timely provide a
written explanation for such determination to the person making
the request.
(2)(A) Any final report of an audit conducted by the
Treasury Inspector General for Tax Administration shall be
timely submitted by the Inspector General to the Commissioner
of Internal Revenue and the Internal Revenue Service Oversight
Board.
(B) The Treasury Inspector General for Tax Administration
shall periodically submit to the Commissioner and Board a list
of investigations for which a final report has been completed
by the Inspector General and shall provide a copy of any such
report upon request of the Commissioner or Board.
(C) This paragraph applies regardless of whether the
applicable audit or investigation is requested under paragraph
(1).]
[Sec. 8E. Special provisions concerning the Department of Justice
(a)(1) Notwithstanding the last two sentences of section
3(a), the Inspector General shall be under the authority,
direction, and control of the Attorney General with respect to
audits or investigations, or the issuance of subpoenas, which
require access to sensitive information concerning--
(A) ongoing civil or criminal investigations or
proceedings;
(B) undercover operations;
(C) the identity of confidential sources, including
protected witnesses;
(D) intelligence or counterintelligence matters; or
(E) other matters the disclosure of which would
constitute a serious threat to national security.
(2) With respect to the information described under
paragraph (1), the Attorney General may prohibit the Inspector
General from carrying out or completing any audit or
investigation, from accessing information described in
paragraph (1), or from issuing any subpoena, after such
Inspector General has decided to initiate, carry out, or
complete such audit or investigation, access such information,
or to issue such subpoena, if the Attorney General determines
that such prohibition is necessary to prevent the disclosure of
any information described under paragraph (1) or to prevent the
significant impairment to the national interests of the United
States.
(3) If the Attorney General exercises any power under
paragraph (1) or (2), the Attorney General shall notify the
Inspector General in writing stating the reasons for such
exercise. Within 30 days after receipt of any such notice, the
Inspector General shall transmit a copy of such notice to the
Committees on Governmental Affairs and Judiciary of the Senate
and the Committees on Government Operations and Judiciary of
the House of Representatives, and to other appropriate
committees or subcommittees of the Congress.
(b) In carrying out the duties and responsibilities
specified in this Act, the Inspector General of the Department
of Justice--
(1) may initiate, conduct and supervise such audits
and investigations in the Department of Justice as the
Inspector General considers appropriate;
(2) except as specified in subsection (a) and
paragraph (3), may investigate allegations of criminal
wrongdoing or administrative misconduct by an employee
of the Department of Justice, or may, in the discretion
of the Inspector General, refer such allegations to the
Office of Professional Responsibility or the internal
affairs office of the appropriate component of the
Department of Justice;
(3) shall refer to the Counsel, Office of
Professional Responsibility of the Department of
Justice, allegations of misconduct involving Department
attorneys, investigators, or law enforcement personnel,
where the allegations relate to the exercise of the
authority of an attorney to investigate, litigate, or
provide legal advice, except that no such referral
shall be made if the attorney is employed in the Office
of Professional Responsibility;
(4) may investigate allegations of criminal
wrongdoing or administrative misconduct by a person who
is the head of any agency or component of the
Department of Justice; and
(5) shall forward the results of any investigation
conducted under paragraph (4), along with any
appropriate recommendation for disciplinary action, to
the Attorney General.
(c) Any report required to be transmitted by the Attorney
General to the appropriate committees or subcommittees of the
Congress under section 5(d) shall also be transmitted, within
the seven-day period specified under such section, to the
Committees on the Judiciary and Governmental Affairs of the
Senate and the Committees on the Judiciary and Government
Operations of the House of Representatives.
(d) The Attorney General shall ensure by regulation that
any component of the Department of Justice receiving a
nonfrivolous allegation of criminal wrongdoing or
administrative misconduct by an employee of the Department of
Justice, except with respect to allegations described in
subsection (b)(3), shall report that information to the
Inspector General.]
[Sec. 8F. Special provisions concerning the Corporation for National
and Community Service
(a) Notwithstanding the provisions of paragraphs (7) and
(8) of section 6(a), it is within the exclusive jurisdiction of
the Inspector General of the Corporation for National and
Community Service to--
(1) appoint and determine the compensation of such
officers and employees in accordance with section
195(b) of the National and Community Service Act of
1990 [42 U.S.C. 12651f(b)]; and
(2) procure the temporary and intermittent services
of and compensate such experts and consultants, in
accordance with section 3109(b) of title 5, United
States Code,
as may be necessary to carry out the functions, powers,
and duties of the Inspector General.
(b) No later than the date on which the Chief Executive
Officer of the Corporation for National and Community Service
transmits any report to the Congress under subsection (a) or
(b) of section 5, the Chief Executive Officer shall transmit
such report to the Board of Directors of such Corporation.
(c) No later than the date on which the Chief Executive
Officer of the Corporation for National and Community Service
transmits a report described under section 5(b) to the Board of
Directors as provided under subsection (b) of this section, the
Chief Executive Officer shall also transmit any audit report
which is described in the statement required under section
5(b)(4) to the Board of Directors. All such audit reports shall
be placed on the agenda for review at the next scheduled
meeting of the Board of Directors following such transmittal.
The Chief Executive Officer of the Corporation shall be present
at such meeting to provide any information relating to such
audit reports.
(d) No later than the date on which the Inspector General
of the Corporation for National and Community Service reports a
problem, abuse, or deficiency under section 5(d) to the Chief
Executive Officer of the Corporation, the Chief Executive
Officer shall report such problem, abuse, or deficiency to the
Board of Directors.]
[Sec. 8G. Requirements for Federal entities and designated Federal
entities
(a) Notwithstanding section 12 of this Act, as used in this
section--
(1) the term ``Federal entity'' means any Government
corporation (within the meaning of section 103(1) of
title 5, United States Code), any Government controlled
corporation (within the meaning of section 103(2) of
such title), or any other entity in the Executive
branch of the Government, or any independent regulatory
agency, but does not include--
(A) an establishment (as defined under
section 12(2) of this Act) or part of an
establishment;
(B) a designated Federal entity (as defined
under paragraph (2) of this subsection) or part
of a designated Federal entity;
(C) the Executive Office of the President;
(D) the Central Intelligence Agency;
(E) the Government Accountability Office; or
(F) any entity in the judicial or legislative
branches of the Government, including the
Administrative Office of the United States
Courts and the Architect of the Capitol and any
activities under the direction of the Architect
of the Capitol;
(2) the term ``designated Federal entity'' means
Amtrak, the Appalachian Regional Commission, the Board
of Governors of the Federal Reserve System and the
Bureau of Consumer Financial Protection, the Board for
International Broadcasting, the Committee for Purchase
From People Who Are Blind or Severely Disabled, the
Commodity Futures Trading Commission, the Consumer
Product Safety Commission, the Corporation for Public
Broadcasting, the Defense Intelligence Agency, the
Denali Commission, the Equal Employment Opportunity
Commission, the Farm Credit Administration, the Federal
Election Commission, the Election Assistance
Commission, the Federal Housing Finance Board, the
Federal Labor Relations Authority, the Federal Maritime
Commission, the Federal Trade Commission, the Legal
Services Corporation, the National Archives and Records
Administration, the National Credit Union
Administration, the National Endowment for the Arts,
the National Endowment for the Humanities, the National
Geospatial-Intelligence Agency, the National Labor
Relations Board, the National Science Foundation, the
Panama Canal Commission, the Peace Corps, the Pension
Benefit Guaranty Corporation, the Securities and
Exchange Commission, the Smithsonian Institution, the
United States International Development Finance
Corporation, the United States International Trade
Commission, the Postal Regulatory Commission, and the
United States Postal Service;
(3) the term ``head of the Federal entity'' means any
person or persons designated by statute as the head of
a Federal entity, and if no such designation exists,
the chief policymaking officer or board of a Federal
entity as identified in the list published pursuant to
subsection (h)(1) of this section;
(4) the term ``head of the designated Federal
entity'' means the board or commission of the
designated Federal entity, or in the event the
designated Federal entity does not have a board or
commission, any person or persons designated by statute
as the head of a designated Federal entity and if no
such designation exists, the chief policymaking officer
or board of a designated Federal entity as identified
in the list published pursuant to subsection (h)(1) of
this section, except that--
(A) with respect to the National Science
Foundation, such term means the National
Science Board;
(B) with respect to the United States Postal
Service, such term means the Governors (within
the meaning of section 102(3) of title 39,
United States Code);
(C) with respect to the Federal Labor
Relations Authority, such term means the
members of the Authority (described under
section 7104 of title 5, United States Code);
(D) with respect to the Committee for
Purchase From People Who Are Blind or Severely
Disabled, such term means the Chairman of the
Committee for Purchase From People Who Are
Blind or Severely Disabled;
(E) with respect to the National Archives and
Records Administration, such term means the
Archivist of the United States;
(F) with respect to the National Credit Union
Administration, such term means the National
Credit Union Administration Board (described
under section 102 of the Federal Credit Union
Act (12 U.S.C. 1752a); 1
(G) with respect to the National Endowment of
the Arts, such term means the National Council
on the Arts;
(H) with respect to the National Endowment
for the Humanities, such term means the
National Council on the Humanities;
(I) with respect to the Peace Corps, such
term means the Director of the Peace Corps; and
(J) with respect to the United States
International Development Finance Corporation,
such term means the Board of Directors of the
United States International Development Finance
Corporation;
(5) the term ``Office of Inspector General'' means an
Office of Inspector General of a designated Federal
entity; and
(6) the term ``Inspector General'' means an Inspector
General of a designated Federal entity.
(b) No later than 180 days after the date of the enactment
of this section [Oct. 18, 1988], there shall be established and
maintained in each designated Federal entity an Office of
Inspector General. The head of the designated Federal entity
shall transfer to such office the offices, units, or other
components, and the functions, powers, or duties thereof, that
such head determines are properly related to the functions of
the Office of Inspector General and would, if so transferred,
further the purposes of this section. There shall not be
transferred to such office any program operating
responsibilities.
(c) Except as provided under subsection (f) of this
section, the Inspector General shall be appointed by the head
of the designated Federal entity in accordance with the
applicable laws and regulations governing appointments within
the designated Federal entity. Each Inspector General shall be
appointed without regard to political affiliation and solely on
the basis of integrity and demonstrated ability in accounting,
auditing, financial analysis, law, management analysis, public
administration, or investigations. For purposes of implementing
this section, the Chairman of the Board of Governors of the
Federal Reserve System shall appoint the Inspector General of
the Board of Governors of the Federal Reserve System and the
Bureau of Consumer Financial Protection. The Inspector General
of the Board of Governors of the Federal Reserve System and the
Bureau of Consumer Financial Protection shall have all of the
authorities and responsibilities provided by this Act with
respect to the Bureau of Consumer Financial Protection, as if
the Bureau were part of the Board of Governors of the Federal
Reserve System.
(d)(1) Each Inspector General shall report to and be under
the general supervision of the head of the designated Federal
entity, but shall not report to, or be subject to supervision
by, any other officer or employee of such designated Federal
entity. Except as provided in paragraph (2), the head of the
designated Federal entity shall not prevent or prohibit the
Inspector General from initiating, carrying out, or completing
any audit or investigation, or from issuing any subpoena during
the course of any audit or investigation.
(2)(A) The Secretary of Defense, in consultation with the
Director of National Intelligence, may prohibit the inspector
general of an element of the intelligence community specified
in subparagraph (D) from initiating, carrying out, or
completing any audit or investigation, or from accessing
information available to an element of the intelligence
community specified in subparagraph (D), if the Secretary
determines that the prohibition is necessary to protect vital
national security interests of the United States.
(B) If the Secretary exercises the authority under
subparagraph (A), the Secretary shall submit to the committees
of Congress specified in subparagraph (E) an appropriately
classified statement of the reasons for the exercise of such
authority not later than 7 days after the exercise of such
authority.
(C) At the same time the Secretary submits under
subparagraph (B) a statement on the exercise of the authority
in subparagraph (A) to the committees of Congress specified in
subparagraph (E), the Secretary shall notify the inspector
general of such element of the submittal of such statement and,
to the extent consistent with the protection of intelligence
sources and methods, provide such inspector general with a copy
of such statement. Such inspector general may submit to such
committees of Congress any comments on a notice or statement
received by the inspector general under this subparagraph that
the inspector general considers appropriate.
(D) The elements of the intelligence community specified in
this subparagraph are as follows:
(i) The Defense Intelligence Agency.
(ii) The National Geospatial-Intelligence Agency.
(iii) The National Reconnaissance Office.
(iv) The National Security Agency.
(E) The committees of Congress specified in this
subparagraph are--
(i) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(ii) the Committee on Armed Services and the
Permanent Select Committee on Intelligence of the House
of Representatives.
(e)(1) In the case of a designated Federal entity for which
a board, chairman of a committee, or commission is the head of
the designated Federal entity, a removal under this subsection
may only be made upon the written concurrence of a 2/3 majority
of the board, committee, or commission.
(2) If an Inspector General is removed from office or is
transferred to another position or location within a designated
Federal entity, the head of the designated Federal entity shall
communicate in writing the reasons for any such removal or
transfer to both Houses of Congress, not later than 30 days
before the removal or transfer. Nothing in this subsection
shall prohibit a personnel action otherwise authorized by law,
other than transfer or removal.
(f)(1) For purposes of carrying out subsection (c) with
respect to the United States Postal Service, the appointment
provisions of section 202(e) of title 39, United States Code,
shall be applied.
(2) In carrying out the duties and responsibilities
specified in this Act, the Inspector General of the United
States Postal Service (hereinafter in this subsection referred
to as the ``Inspector General'') shall have oversight
responsibility for all activities of the Postal Inspection
Service, including any internal investigation performed by the
Postal Inspection Service. The Chief Postal Inspector shall
promptly report the significant activities being carried out by
the Postal Inspection Service to such Inspector General.
(3)(A)(i) Notwithstanding subsection (d), the Inspector
General shall be under the authority, direction, and control of
the Governors with respect to audits or investigations, or the
issuance of subpoenas, which require access to sensitive
information concerning--
(I) ongoing civil or criminal investigations or
proceedings;
(II) undercover operations;
(III) the identity of confidential sources, including
protected witnesses;
(IV) intelligence or counterintelligence matters; or
(V) other matters the disclosure of which would
constitute a serious threat to national security.
(ii) With respect to the information described under clause
(i), the Governors may prohibit the Inspector General from
carrying out or completing any audit or investigation, or from
issuing any subpoena, after such Inspector General has decided
to initiate, carry out, or complete such audit or investigation
or to issue such subpoena, if the Governors determine that such
prohibition is necessary to prevent the disclosure of any
information described under clause (i) or to prevent the
significant impairment to the national interests of the United
States.
(iii) If the Governors exercise any power under clause (i)
or (ii), the Governors shall notify the Inspector General in
writing stating the reasons for such exercise. Within 30 days
after receipt of any such notice, the Inspector General shall
transmit a copy of such notice to the Committee on Governmental
Affairs of the Senate and the Committee on Government Reform
and Oversight of the House of Representatives, and to other
appropriate committees or subcommittees of the Congress.
(B) In carrying out the duties and responsibilities
specified in this Act, the Inspector General--
(i) may initiate, conduct and supervise such audits
and investigations in the United States Postal Service
as the Inspector General considers appropriate; and
(ii) shall give particular regard to the activities
of the Postal Inspection Service with a view toward
avoiding duplication and insuring effective
coordination and cooperation.
(C) Any report required to be transmitted by the Governors
to the appropriate committees or subcommittees of the Congress
under section 5(d) shall also be transmitted, within the seven-
day period specified under such section, to the Committee on
Governmental Affairs of the Senate and the Committee on
Government Reform and Oversight of the House of
Representatives.
(4) Nothing in this Act shall restrict, eliminate, or
otherwise adversely affect any of the rights, privileges, or
benefits of either employees of the United States Postal
Service, or labor organizations representing employees of the
United States Postal Service, under chapter 12 of title 39,
United States Code, the National Labor Relations Act, any
handbook or manual affecting employee labor relations with the
United States Postal Service, or any collective bargaining
agreement.
(5) As used in this subsection, the term ``Governors'' has
the meaning given such term by section 102(3) of title 39,
United States Code.
(6) There are authorized to be appropriated, out of the
Postal Service Fund, such sums as may be necessary for the
Office of Inspector General of the United States Postal
Service.
(g)(1) Sections 4, 5, 6 (other than subsections (a)(7) and
(a)(8) thereof), and 7 of this Act shall apply to each
Inspector General and Office of Inspector General of a
designated Federal entity and such sections shall be applied to
each designated Federal entity and head of the designated
Federal entity (as defined under subsection (a)) by
substituting--
(A) ``designated Federal entity'' for
``establishment''; and
(B) ``head of the designated Federal entity'' for
``head of the establishment''.
(2) In addition to the other authorities specified in this
Act, an Inspector General is authorized to select, appoint, and
employ such officers and employees as may be necessary for
carrying out the functions, powers, and duties of the Office of
Inspector General and to obtain the temporary or intermittent
services of experts or consultants or an organization thereof,
subject to the applicable laws and regulations that govern such
selections, appointments, and employment, and the obtaining of
such services, within the designated Federal entity.
(3) Notwithstanding the last sentence of subsection (d) of
this section,2 the provisions of subsection (a) of section 8D
(other than the provisions of subparagraphs (A), (B), (C), and
(E) of subsection (a)(1)) shall apply to the Inspector General
of the Board of Governors of the Federal Reserve System and the
Bureau of Consumer Financial Protection and the Chairman of the
Board of Governors of the Federal Reserve System in the same
manner as such provisions apply to the Inspector General of the
Department of the Treasury and the Secretary of the Treasury,
respectively.
(4) Each Inspector General shall--
(A) in accordance with applicable laws and
regulations governing appointments within the
designated Federal entity, appoint a Counsel to the
Inspector General who shall report to the Inspector
General;
(B) obtain the services of a counsel appointed by and
directly reporting to another Inspector General on a
reimbursable basis; or
(C) obtain the services of appropriate staff of the
Council of the Inspectors General on Integrity and
Efficiency on a reimbursable basis.
(h)(1) No later than April 30, 1989, and annually
thereafter, the Director of the Office of Management and
Budget, after consultation with the Comptroller General of the
United States, shall publish in the Federal Register a list of
the Federal entities and designated Federal entities and if the
designated Federal entity is not a board or commission, include
the head of each such entity (as defined under subsection (a)
of this section).
(2) Beginning on October 31, 1989, and on October 31 of
each succeeding calendar year, the head of each Federal entity
(as defined under subsection (a) of this section) shall prepare
and transmit to the Director of the Office of Management and
Budget and to each House of the Congress a report which--
(A) states whether there has been established in the
Federal entity an office that meets the requirements of
this section;
(B) specifies the actions taken by the Federal entity
otherwise to ensure that audits are conducted of its
programs and operations in accordance with the
standards for audit of governmental organizations,
programs, activities, and functions issued by the
Comptroller General of the United States, and includes
a list of each audit report completed by a Federal or
non-Federal auditor during the reporting period and a
summary of any particularly significant findings; and
(C) summarizes any matters relating to the personnel,
programs, and operations of the Federal entity referred
to prosecutive authorities, including a summary
description of any preliminary investigation conducted
by or at the request of the Federal entity concerning
these matters, and the prosecutions and convictions
which have resulted.]
[Sec. 8H. Additional provisions with respect to Inspectors General of
the Intelligence Community
(a)(1)(A) An employee of the Defense Intelligence Agency,
the National Geospatial-Intelligence Agency, the National
Reconnaissance Office, or the National Security Agency, or of a
contractor of any of those Agencies, who intends to report to
Congress a complaint or information with respect to an urgent
concern may report the complaint or information to the
Inspector General of the Department of Defense (or designee).
(B) An employee of an element of the intelligence
community, an employee assigned or detailed to an element of
the intelligence community, or an employee of a contractor to
the intelligence community, who intends to report to Congress a
complaint or information with respect to an urgent concern may
report such complaint or information to the Inspector General
of the Intelligence Community.
(C) An employee of the Federal Bureau of Investigation, or
of a contractor of the Bureau, who intends to report to
Congress a complaint or information with respect to an urgent
concern may report the complaint or information to the
Inspector General of the Department of Justice (or designee).
(D) Any other employee of, or contractor to, an executive
agency, or element or unit thereof, determined by the President
under section 2302(a)(2)(C)(ii) of title 5, United States Code,
to have as its principal function the conduct of foreign
intelligence or counterintelligence activities, who intends to
report to Congress a complaint or information with respect to
an urgent concern may report the complaint or information to
the appropriate Inspector General (or designee) under this Act,
section 17 of the Central Intelligence Agency Act of 1949 [50
U.S.C. 3517], or section 103H(k) of the National Security Act
of 1947 (50 U.S.C. 3033(k)).
(2) If a designee of an Inspector General under this
section receives a complaint or information of an employee with
respect to an urgent concern, that designee shall report the
complaint or information to the Inspector General within 7
calendar days of receipt.
(3) The Inspectors General of the Defense Intelligence
Agency, the National Geospatial-Intelligence Agency, the
National Reconnaissance Office, and the National Security
Agency shall be designees of the Inspector General of the
Department of Defense for purposes of this section.
(b)(1) Not later than the end of the 14-calendar day period
beginning on the date of receipt of an employee complaint or
information under subsection (a), the Inspector General shall
determine whether the complaint or information appears
credible. Upon making such a determination, the Inspector
General shall transmit to the head of the establishment notice
of that determination, together with the complaint or
information.
(2) If the head of an establishment determines that a
complaint or information transmitted under paragraph (1) would
create a conflict of interest for the head of the
establishment, the head of the establishment shall return the
complaint or information to the Inspector General with that
determination and the Inspector General shall make the
transmission to the Director of National Intelligence and, if
the establishment is within the Department of Defense, to the
Secretary of Defense. In such a case, the requirements of this
section for the head of the establishment apply to each
recipient of the Inspector General's transmission.
(c) Upon receipt of a transmittal from the Inspector
General under subsection (b), the head of the establishment
shall, within 7 calendar days of such receipt, forward such
transmittal to the intelligence committees, together with any
comments the head of the establishment considers appropriate.
(d)(1) If the Inspector General does not find credible
under subsection (b) a complaint or information submitted to
the Inspector General under subsection (a), or does not
transmit the complaint or information to the head of the
establishment in accurate form under subsection (b), the
employee (subject to paragraph (2)) may submit the complaint or
information to Congress by contacting either or both of the
intelligence committees directly.
(2) The employee may contact the intelligence committees
directly as described in paragraph (1) only if the employee--
(A) before making such a contact, furnishes to the
head of the establishment, through the Inspector
General, a statement of the employee's complaint or
information and notice of the employee's intent to
contact the intelligence committees directly; and
(B) obtains and follows from the head of the
establishment, through the Inspector General, direction
on how to contact the intelligence committees in
accordance with appropriate security practices.
(3) A member or employee of one of the intelligence
committees who receives a complaint or information under
paragraph (1) does so in that member or employee's official
capacity as a member or employee of that committee.
(e) The Inspector General shall notify an employee who
reports a complaint or information under this section of each
action taken under this section with respect to the complaint
or information. Such notice shall be provided not later than 3
days after any such action is taken.
(f) An action taken by the head of an establishment or an
Inspector General under subsections (a) through (e) shall not
be subject to judicial review.
(g) An individual who has submitted a complaint or
information to an Inspector General under this section may
notify any member of the Permanent Select Committee on
Intelligence of the House of Representatives or the Select
Committee on Intelligence of the Senate, or a staff member of
either such Committee, of the fact that such individual has
made a submission to that particular Inspector General, and of
the date on which such submission was made.
(h) In this section:
(1) The term ``urgent concern'' means any of the
following:
(A) A serious or flagrant problem, abuse,
violation of law or Executive order, or
deficiency relating to the funding,
administration, or operations of an
intelligence activity involving classified
information, but does not include differences
of opinions concerning public policy matters.
(B) A false statement to Congress, or a
willful withholding from Congress, on an issue
of material fact relating to the funding,
administration, or operation of an intelligence
activity.
(C) An action, including a personnel action
described in section 2302(a)(2)(A) of title 5,
United States Code, constituting reprisal or
threat of reprisal prohibited under section
7(c) in response to an employee's reporting an
urgent concern in accordance with this section.
(2) The term ``intelligence committees'' means the
Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the
Senate.]
[Sec. 8I. Special provisions concerning the Department of Homeland
Security
(a)(1) Notwithstanding the last two sentences of section
3(a), the Inspector General of the Department of Homeland
Security shall be under the authority, direction, and control
of the Secretary of Homeland Security with respect to audits or
investigations, or the issuance of subpoenas, that require
access to sensitive information concerning--
(A) intelligence, counterintelligence, or
counterterrorism matters;
(B) ongoing criminal investigations or proceedings;
(C) undercover operations;
(D) the identity of confidential sources, including
protected witnesses;
(E) other matters the disclosure of which would, in
the Secretary's judgment, constitute a serious threat
to the protection of any person or property authorized
protection by section 3056 of title 18, United States
Code, section 3056A of title 18 of such Code, or any
provision of the Presidential Protection Assistance Act
of 1976 (18 U.S.C. 3056 note); or
(F) other matters the disclosure of which would
constitute a serious threat to national security.
(2) With respect to the information described in paragraph
(1), the Secretary of Homeland Security may prohibit the
Inspector General of the Department of Homeland Security from
carrying out or completing any audit or investigation, from
accessing information described in paragraph (1), or from
issuing any subpoena, after such Inspector General has decided
to initiate, carry out, or complete such audit or
investigation, access such information, or to issue such
subpoena, if the Secretary determines that such prohibition is
necessary to prevent the disclosure of any information
described in paragraph (1), to preserve the national security,
or to prevent a significant impairment to the interests of the
United States.
(3) If the Secretary of Homeland Security exercises any
power under paragraph (1) or (2), the Secretary shall notify
the Inspector General of the Department of Homeland Security in
writing within seven days stating the reasons for such
exercise. Within 30 days after receipt of any such notice, the
Inspector General shall transmit to the President of the
Senate, the Speaker of the House of Representatives, and
appropriate committees and subcommittees of Congress the
following:
(A) A copy of such notice.
(B) A written response to such notice that includes a
statement regarding whether the Inspector General
agrees or disagrees with such exercise, and the reasons
for any disagreement.
(b) The exercise of authority by the Secretary described in
paragraph (2) 1 should not be construed as limiting the right
of Congress or any committee of Congress to access any
information it seeks.
(c) Subject to the conditions established in subsections
(a) and (b) above, in carrying out the duties and
responsibilities specified in this Act, the Inspector General
of the Department of Homeland Security may initiate, conduct,
and supervise such audits and investigations in the Department
of Homeland Security as the Inspector General considers
appropriate.
(d) Any report required to be transmitted by the Secretary
of Homeland Security to the appropriate committees or
subcommittees of Congress under section 5(d) shall be
transmitted, within the seven-day period specified under such
section, to the President of the Senate, the Speaker of the
House of Representatives, and appropriate committees and
subcommittees of Congress.
(e) Notwithstanding any other provision of law, in carrying
out the duties and responsibilities specified in this Act, the
Inspector General of the Department of Homeland Security shall
have oversight responsibility for the internal investigations
performed by the Office of Internal Affairs of the United
States Customs Service, the Office of Inspections of the United
States Secret Service, the Bureau of Border Security, and the
Bureau of Citizenship and Immigration Services. The head of
each such office or bureau shall promptly report to the
Inspector General the significant activities being carried out
by such office or bureau.
(f)(1) The Inspector General of the Department of Homeland
Security shall designate a senior official within the Office of
Inspector General, who shall be a career member of the civil
service at the equivalent to the GS-15 level or a career member
of the Senior Executive Service, to perform the functions
described in paragraph (2).
(2) The senior official designated under paragraph (1)
shall--
(A) coordinate the activities of the Office of
Inspector General with respect to investigations of
abuses of civil rights or civil liberties;
(B) receive and review complaints and information
from any source alleging abuses of civil rights and
civil liberties by employees or officials of the
Department and employees or officials of independent
contractors or grantees of the Department;
(C) initiate investigations of alleged abuses of
civil rights or civil liberties by employees or
officials of the Department and employees or officials
of independent contractors or grantees of the
Department;
(D) ensure that personnel within the Office of
Inspector General receive sufficient training to
conduct effective civil rights and civil liberties
investigations;
(E) consult with the Officer for Civil Rights and
Civil Liberties regarding--
(i) alleged abuses of civil rights or civil
liberties; and
(ii) any policy recommendations regarding
civil rights and civil liberties that may be
founded upon an investigation by the Office of
Inspector General;
(F) provide the Officer for Civil Rights and Civil
Liberties with information regarding the outcome of
investigations of alleged abuses of civil rights and
civil liberties;
(G) refer civil rights and civil liberties matters
that the Inspector General decides not to investigate
to the Officer for Civil Rights and Civil Liberties;
(H) ensure that the Office of the Inspector General
publicizes and provides convenient public access to
information regarding--
(i) the procedure to file complaints or
comments concerning civil rights and civil
liberties matters; and
(ii) the status of corrective actions taken
by the Department in response to Office of the
Inspector General reports; and
(I) inform the Officer for Civil Rights and Civil
Liberties of any weaknesses, problems, and deficiencies
within the Department relating to civil rights or civil
liberties.]
[Sec. 8J. Rule of construction of special provisions The special
provisions under section 8, 8A, 8B, 8C, 8D, 8E, 8F,
8H, or 8N of this Act relate only to the
establishment named in such section and no
inference shall be drawn from the presence or
absence of a provision in any such section with
respect to an establishment not named in such
section or with respect to a designated Federal
entity as defined under section 8G(a).]
* * * * * * *
[Sec. 8L. Special Provisions Concerning Overseas Contingency Operations
(a) Additional Responsibilities of Chair of Council of
Inspectors General on Integrity and Efficiency.--The Chair of
the Council of Inspectors General on Integrity and Efficiency
(CIGIE) shall, in consultation with the members of the Council,
have the additional responsibilities specified in subsection
(b) with respect to the Inspectors General specified in
subsection (c) upon the earlier of--
(1) the commencement or designation of a military
operation as an overseas contingency operation that
exceeds 60 days; or
(2) receipt of a notification under section 113(n) of
title 10, United States Code, with respect to an
overseas contingency operation.
(b) Specific Responsibilities.--The responsibilities
specified in this subsection are the following:
(1) 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).
(2) 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).
(3) 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.
(c) Inspectors General.--The Inspectors General specified
in this subsection are the Inspectors General as follows:
(1) The Inspector General of the Department of
Defense.
(2) The Inspector General of the Department of State.
(3) The Inspector General of the United States Agency
for International Development.
(d)(1) Lead Inspector General for Overseas Contingency
Operation.--A lead Inspector General for an overseas
contingency operation shall be designated by the Chair of the
Council of Inspectors General on Integrity and Efficiency under
subsection (b)(1) not later than 30 days after the earlier of--
(A) the commencement or designation of the military
operation concerned as an overseas contingency
operation that exceeds 60 days; or
(B) receipt of a notification under section 113(n) of
title 10, United States Code, with respect to an
overseas contingency operation.
The lead Inspector General for a contingency operation
shall be designated from among the Inspectors General specified
in subsection (c).
(2) The lead Inspector General for an overseas contingency
operation shall have the following responsibilities:
(A) 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.
(B) 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.
(C) 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.
(D)(i) 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.
(ii) 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 Act
with respect to such matter.
(iii)(I) 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.
(II) In the case of a determination by the lead
Inspector General that no Inspector General has
principal jurisdiction over a matter with respect to
the contingency operation, the lead Inspector General
may--
(aa) conduct an independent investigation of
an allegation described in subclause (I); or
(bb) request that an Inspector General
specified in subsection (c) conduct such
investigation.
(E) 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 title 5, United States Code,1 (without regard
to subsection (b)(2) of such 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.
(F) To submit to Congress on a bi-annual basis, and
to make available on an Internet website available to
the public, a report on the activities of the lead
Inspector General and the other Inspectors General
specified in subsection (c) with respect to the
contingency operation, including--
(i) the status and results of investigations,
inspections, and audits and of referrals to the
Department of Justice; and
(ii) overall plans for the review of the contingency
operation by inspectors general, including plans for
investigations, inspections, and audits.
(G) 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.
(H) 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.
(I) To enhance cooperation among Inspectors General
and encourage comprehensive oversight of the
contingency operation, any Inspector General
responsible for conducting oversight of any program or
operation performed in support of the contingency
operation may, to the maximum extent practicable and
consistent with the duties, responsibilities, policies,
and procedures of such Inspector General--
(i) coordinate such oversight activities with the
lead Inspector General; and
(ii) provide information requested by the lead
Inspector General relating to the responsibilities of
the lead Inspector General described in subparagraphs
(B), (C), and (G).
(3)(A) 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 title 5, United States
Code, for purposes of assisting the lead Inspector General in
discharging responsibilities under this subsection with respect
to the contingency operation.
(B) The employment of annuitants under this paragraph shall
be subject to the provisions of section 9902(g) of title 5,
United States Code, as if the lead Inspector General concerned
was the Department of Defense.
(C)(i) An annuitant receiving an annuity under the Foreign
Service Retirement and Disability System or the Foreign Service
Pension System under chapter 8 of title I of the Foreign
Service Act of 1980 (22 U.S.C. 4041 et seq.) who is reemployed
under this subsection--
(I) shall continue to receive the annuity; and
(II) 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 title 5, United States Code.
(ii) 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.
(4) 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 Act
generally and the authorities and requirements applicable to
the Inspectors General specified in subsection (c) under this
Act.
(5)(A) 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.
(B) No person who is first employed as described in
subparagraph (A) more than 2 years after the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2020 may acquire competitive status under subparagraph
(A).
(e) Sunset for Particular Contingency Operations.--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.
(f) Construction of Authority.--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 Act with respect to overseas contingency operations.]
[Sec. 8M. Information on websites of Offices of Inspectors General
(a) Direct Links to Inspectors General Offices.--
(1) In general.--Each Federal agency and designated
Federal entity shall establish and maintain on the
homepage of the website of that Federal agency or
designated Federal entity, a direct link to the website
of the Office of the Inspector General of that Federal
agency or designated Federal entity.
(2) Accessibility.--The direct link under paragraph
(1) shall be obvious and facilitate accessibility to
the website of the Office of the Inspector General.
(b) Requirements for Inspectors General Websites.--
(1) Posting of reports and audits.--The Inspector
General of each Federal agency and designated Federal
entity shall--
(A) not later than 3 days after any audit
report, inspection report, or evaluation report
(or portion of any such report) is submitted in
final form to the head of the Federal agency or
the head of the designated Federal entity, as
applicable, post that report (or portion of
that report) on the website of the Office of
Inspector General; and
(B) ensure that any posted report (or portion
of that report) described under subparagraph
(A)--
(i) is easily accessible from a
direct link on the homepage of the
website of the Office of the Inspector
General;
(ii) includes a summary of the
findings of the Inspector General; and
(iii) is in a format that--
(I) is searchable and
downloadable; and
(II) facilitates printing by
individuals of the public
accessing the website.
(2) Reporting of fraud, waste, and abuse.--
(A) In general.--The Inspector General of
each Federal agency and designated Federal
entity shall establish and maintain a direct
link on the homepage of the website of the
Office of the Inspector General for individuals
to report fraud, waste, and abuse. Individuals
reporting fraud, waste, or abuse using the
direct link established under this paragraph
shall not be required to provide personally
identifying information relating to that
individual.
(B) Anonymity.--The Inspector General of each
Federal agency and designated Federal entity
shall not disclose the identity of any
individual making a report under this paragraph
without the consent of the individual unless
the Inspector General determines that such a
disclosure is unavoidable during the course of
the investigation.
(3) Rule of construction.--Nothing in this subsection
shall be construed as authorizing an Inspector General
to publicly disclose information otherwise prohibited
from disclosure by law.
(c) Definitions.--In this section, the terms ``designated
Federal entity'' and ``head of the designated Federal entity''
have the meanings given those terms in section 8G(a).]
[Sec. 8N. Additional provisions with respect to the Department of
Energy
(a) The Secretary of Energy may prohibit the Inspector
General of the Department of Energy from accessing Restricted
Data and nuclear safeguards information protected from
disclosure under chapter 12 of the Atomic Energy Act of 1954
(42 U.S.C. 2161 et seq.) and intelligence or
counterintelligence, as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003), if the Secretary of
Energy determines that the prohibition is necessary to protect
the national security or prevent the significant impairment to
the national security interests of the United States.
(b) Not later than 7 days after the date on which the
Secretary of Energy exercises any power authorized under
subsection (a), the Secretary shall notify the Inspector
General of the Department of Energy in writing the reasons for
such exercise. Within 30 days after receipt of any such notice,
the Inspector General of the Department of Energy shall submit
to the appropriate committees of Congress a statement
concerning such exercise.]
[Sec. 9. Transfer of functions
(a) There shall be transferred--
(1) to the Office of Inspector General--
(A) of the Department of Agriculture, the
offices of that department referred to as the
``Office of Investigation'' and the ``Office of
Audit'';
(B) of the Department of Commerce, the
offices of that department referred to as the
``Office of Audits'' and the ``Investigations
and Inspections Staff'' and that portion of the
office referred to as the ``Office of
Investigations and Security'' which has
responsibility for investigation of alleged
criminal violations and program abuse;
(C) of the Department of Defense, the offices
of that department referred to as the ``Defense
Audit Service'' and the ``Office of Inspector
General, Defense Logistics Agency'', and that
portion of the office of that department
referred to as the ``Defense Investigative
Service'' which has responsibility for the
investigation of alleged criminal violations;
(D) of the Department of Education, all
functions of the Inspector General of Health,
Education, and Welfare or of the Office of
Inspector General of Health, Education, and
Welfare relating to functions transferred by
section 301 of the Department of Education
Organization Act [20 U.S.C. 3441];
(E) of the Department of Energy, the Office
of Inspector General (as established by section
208 of the Department of Energy Organization
Act);
(F) of the Department of Health and Human
Services, the Office of Inspector General (as
established by title II of Public Law 94-505);
(G) of the Department of Housing and Urban
Development, the office of that department
referred to as the ``Office of Inspector
General'';
(H) of the Department of the Interior, the
office of that department referred to as the
``Office of Audit and Investigation'';
(I) of the Department of Justice, the offices
of that Department referred to as (i) the
``Audit Staff, Justice Management Division'',
(ii) the ``Policy and Procedures Branch, Office
of the Comptroller, Immigration and
Naturalization Service'', the ``Office of
Professional Responsibility, Immigration and
Naturalization Service'', and the ``Office of
Program Inspections, Immigration and
Naturalization Service'', (iii) the ``Office of
Internal Inspection, United States Marshals
Service'', (iv) the ``Financial Audit Section,
Office of Financial Management, Bureau of
Prisons'' and the ``Office of Inspections,
Bureau of Prisons'', and (v) from the Drug
Enforcement Administration, that portion of the
``Office of Inspections'' which is engaged in
internal audit activities, and that portion of
the ``Office of Planning and Evaluation'' which
is engaged in program review activities;
(J) of the Department of Labor, the office of
that department referred to as the ``Office of
Special Investigations'';
(K) of the Department of Transportation, the
offices of that department referred to as the
``Office of Investigations and Security'' and
the ``Office of Audit'' of the Department, the
``Offices of Investigations and Security,
Federal Aviation Administration'', and
``External Audit Divisions, Federal Aviation
Administration'', the ``Investigations Division
and the External Audit Division of the Office
of Program Review and Investigation, Federal
Highway Administration'', and the ``Office of
Program Audits, Urban Mass Transportation
Administration'';
(L)(i) of the Department of the Treasury, the
office of that department referred to as the
``Office of Inspector General'', and,
notwithstanding any other provision of law,
that portion of each of the offices of that
department referred to as the ``Office of
Internal Affairs, Tax and Trade Bureau'', the
``Office of Internal Affairs, United States
Customs Service'', and the ``Office of
Inspections, United States Secret Service''
which is engaged in internal audit activities;
and
(ii) of the Treasury Inspector General for
Tax Administration, effective 180 days after
the date of the enactment of the Internal
Revenue Service Restructuring and Reform Act of
1998 [July 22, 1998], the Office of Chief
Inspector of the Internal Revenue Service;
(M) of the Environmental Protection Agency,
the offices of that agency referred to as the
``Office of Audit'' and the ``Security and
Inspection Division'';
(N) of the Federal Emergency Management
Agency, the office of that agency referred to
as the ``Office of Inspector General'';
(O) of the General Services Administration,
the offices of that agency referred to as the
``Office of Audits'' and the ``Office of
Investigations'';
(P) of the National Aeronautics and Space
Administration, the offices of that agency
referred to as the ``Management Audit Office''
and the ``Office of Inspections and Security'';
(Q) of the Nuclear Regulatory Commission, the
office of that commission referred to as the
``Office of Inspector and Auditor'';
(R) of the Office of Personnel Management,
the offices of that agency referred to as the
``Office of Inspector General'', the
``Insurance Audits Division, Retirement and
Insurance Group'', and the ``Analysis and
Evaluation Division, Administration Group'';
(S) of the Railroad Retirement Board, the
Office of Inspector General (as established by
section 23 of the Railroad Retirement Act of
1974);
(T) of the Small Business Administration, the
office of that agency referred to as the
``Office of Audits and Investigations'';
(U) of the Veterans' Administration, the
offices of that agency referred to as the
``Office of Audits'' and the ``Office of
Investigations''; and 1
(V) of the Corporation for National and
Community Service, the Office of Inspector
General of ACTION; 1
(W) of the Social Security Administration,
the functions of the Inspector General of the
Department of Health and Human Services which
are transferred to the Social Security
Administration by the Social Security
Independence and Program Improvements Act of
1994 (other than functions performed pursuant
to section 105(a)(2) of such Act), except that
such transfers shall be made in accordance with
the provisions of such Act and shall not be
subject to subsections (b) through (d) of this
section; and
(2) to the Office of the Inspector General, such
other offices or agencies, or functions, powers, or
duties thereof, as the head of the establishment
involved may determine are properly related to the
functions of the Office and would, if so transferred,
further the purposes of this Act,
except that there shall not be transferred to an
Inspector General under paragraph (2) program operating
responsibilities.
(b) The personnel, assets, liabilities, contracts,
property, records, and unexpended balances of appropriations,
authorizations, allocations, and other funds employed, held,
used, arising from, available or to be made available, of any
office or agency the functions, powers, and duties of which are
transferred under subsection (a) are hereby transferred to the
applicable Office of Inspector General.
(c) Personnel transferred pursuant to subsection (b) shall
be transferred in accordance with applicable laws and
regulations relating to the transfer of functions except that
the classification and compensation of such personnel shall not
be reduced for one year after such transfer.
(d) In any case where all the functions, powers, and duties
of any office or agency are transferred pursuant to this
subsection, such office or agency shall lapse. Any person who,
on the effective date of this Act [Oct. 1, 1978], held a
position compensated in accordance with the General Schedule,
and who, without a break in service, is appointed in an Office
of Inspector General to a position having duties comparable to
those performed immediately preceding such appointment shall
continue to be compensated in the new position at not less than
the rate provided for the previous position, for the duration
of service in the new position.]
[Sec. 11. Establishment of the Council of the Inspectors General on
Integrity and Efficiency
(a) Establishment and Mission.--
(1) Establishment.--There is established as an
independent entity within the executive branch the
Council of the Inspectors General on Integrity and
Efficiency (in this section referred to as the
``Council'').
(2) Mission.--The mission of the Council shall be
to--
(A) address integrity, economy, and
effectiveness issues that transcend individual
Government agencies; and
(B) increase the professionalism and
effectiveness of personnel by developing
policies, standards, and approaches to aid in
the establishment of a well-trained and highly
skilled workforce in the offices of the
Inspectors General.
(b) Membership.--
(1) In general.--The Council shall consist of the
following members:
(A) All Inspectors General whose offices are
established under--
(i) section 2; or
(ii) section 8G.
(B) The Inspectors General of the
Intelligence Community and the Central
Intelligence Agency.
(C) The Controller of the Office of Federal
Financial Management.
(D) A senior level official of the Federal
Bureau of Investigation designated by the
Director of the Federal Bureau of
Investigation.
(E) The Director of the Office of Government
Ethics.
(F) The Special Counsel of the Office of
Special Counsel.
(G) The Deputy Director of the Office of
Personnel Management.
(H) The Deputy Director for Management of the
Office of Management and Budget.
(I) The Inspectors General of the Library of
Congress, Capitol Police, Government Publishing
Office, Government Accountability Office, and
the Architect of the Capitol.
(2) Chairperson and executive chairperson.--
(A) Executive chairperson.--The Deputy
Director for Management of the Office of
Management and Budget shall be the Executive
Chairperson of the Council.
(B) Chairperson.--The Council shall elect 1
of the Inspectors General referred to in
paragraph (1)(A) or (B) to act as Chairperson
of the Council. The term of office of the
Chairperson shall be 2 years.
(3) Functions of chairperson and executive
chairperson.--
(A) Executive chairperson.--The Executive
Chairperson shall--
(i) preside over meetings of the
Council;
(ii) provide to the heads of agencies
and entities represented on the Council
summary reports of the activities of
the Council; and
(iii) provide to the Council such
information relating to the agencies
and entities represented on the Council
as assists the Council in performing
its functions.
(B) Chairperson.--The Chairperson shall--
(i) convene meetings of the Council--
(I) at least 6 times each
year;
(II) monthly to the extent
possible; and
(III) more frequently at the
discretion of the Chairperson;
(ii) carry out the functions and
duties of the Council under subsection
(c);
(iii) appoint a Vice Chairperson to
assist in carrying out the functions of
the Council and act in the absence of
the Chairperson, from a category of
Inspectors General described in
subparagraph (A)(i), (A)(ii), or (B) of
paragraph (1), other than the category
from which the Chairperson was elected;
(iv) make such payments from funds
otherwise available to the Council as
may be necessary to carry out the
functions of the Council;
(v) select, appoint, and employ
personnel as needed to carry out the
functions of the Council subject to the
provisions of title 5, United States
Code, governing appointments in the
competitive service, and the provisions
of chapter 51 and subchapter III of
chapter 53 of such title, relating to
classification and General Schedule pay
rates;
(vi) to the extent and in such
amounts as may be provided in advance
by appropriations Acts, made available
from the revolving fund established
under subsection (c)(3)(B), or as
otherwise provided by law, enter into
contracts and other arrangements with
public agencies and private persons to
carry out the functions and duties of
the Council;
(vii) establish, in consultation with
the members of the Council, such
committees as determined by the
Chairperson to be necessary and
appropriate for the efficient conduct
of Council functions; and
(viii) prepare and transmit an annual
report on behalf of the Council on the
activities of the Council to--
(I) the President;
(II) the appropriate
committees of jurisdiction of
the Senate and the House of
Representatives;
(III) the Committee on
Homeland Security and
Governmental Affairs of the
Senate; and
(IV) the Committee on
Oversight and Government Reform
of the House of
Representatives.
(c) Functions and Duties of Council.--
(1) In general.--The Council shall--
(A) continually identify, review, and discuss
areas of weakness and vulnerability in Federal
programs and operations with respect to fraud,
waste, and abuse;
(B) develop plans for coordinated,
Governmentwide activities that address these
problems and promote economy and efficiency in
Federal programs and operations, including
interagency and interentity audit,
investigation, inspection, and evaluation
programs and projects to deal efficiently and
effectively with those problems concerning
fraud and waste that exceed the capability or
jurisdiction of an individual agency or entity;
(C) develop policies that will aid in the
maintenance of a corps of well-trained and
highly skilled Office of Inspector General
personnel;
(D) maintain an Internet website and other
electronic systems for the benefit of all
Inspectors General, as the Council determines
are necessary or desirable;
(E) maintain 1 or more academies as the
Council considers desirable for the
professional training of auditors,
investigators, inspectors, evaluators, and
other personnel of the various offices of
Inspector General;
(F) submit recommendations of individuals to
the appropriate appointing authority for any
appointment to an office of Inspector General
described under subsection (b)(1)(A) or (B);
(G) make such reports to Congress as the
Chairperson determines are necessary or
appropriate;
(H) except for matters coordinated among
Inspectors General under section 3033 of title
50, United States Code, receive, review, and
mediate any disputes submitted in writing to
the Council by an Office of Inspector General
regarding an audit, investigation, inspection,
evaluation, or project that involves the
jurisdiction of more than one Office of
Inspector General; and
(I) perform other duties within the authority
and jurisdiction of the Council, as
appropriate.
(2) Adherence and participation by members.--To the
extent permitted under law, and to the extent not
inconsistent with standards established by the
Comptroller General of the United States for audits of
Federal establishments, organizations, programs,
activities, and functions, each member of the Council,
as appropriate, shall--
(A) adhere to professional standards
developed by the Council; and
(B) participate in the plans, programs, and
projects of the Council, except that in the
case of a member described under subsection
(b)(1)(I), the member shall participate only to
the extent requested by the member and approved
by the Executive Chairperson and Chairperson.
(3) Additional administrative authorities.--
(A) Interagency funding.--Notwithstanding
section 1532 of title 31, United States Code,
or any other provision of law prohibiting the
interagency funding of activities described
under subclause (I), (II), or (III) of clause
(i), in the performance of the
responsibilities, authorities, and duties of
the Council--
(i) the Executive Chairperson may
authorize the use of interagency
funding for--
(I) Governmentwide training
of employees of the Offices of
the Inspectors General;
(II) the functions of the
Integrity Committee of the
Council; and
(III) any other authorized
purpose determined by the
Council; and
(ii) upon the authorization of the
Executive Chairperson, any Federal
agency or designated Federal entity (as
defined in section 8G(a)) which has a
member on the Council shall fund or
participate in the funding of such
activities.
(B) Revolving fund--.
(i) In general.--The Council may--
(I) establish in the Treasury
of the United States a
revolving fund to be called the
Inspectors General Council
Fund; or
(II) enter into an
arrangement with a department
or agency to use an existing
revolving fund.
(ii) Amounts in revolving fund.--
(I) In general.--Amounts
transferred to the Council
under this subsection shall be
deposited in the revolving fund
described under clause (i)(I)
or (II).
(II) Training.--Any remaining
unexpended balances
appropriated for or otherwise
available to the Inspectors
General Criminal Investigator
Academy and the Inspectors
General Auditor Training
Institute shall be transferred
to the revolving fund described
under clause (i)(I) or (II).
(iii) Use of revolving fund.--
(I) In general.--Except as
provided under subclause (II),
amounts in the revolving fund
described under clause (i)(I)
or (II) may be used to carry
out the functions and duties of
the Council under this
subsection.
(II) Training.--Amounts
transferred into the revolving
fund described under clause
(i)(I) or (II) may be used for
the purpose of maintaining any
training academy as determined
by the Council.
(iv) Availability of funds.--Amounts
in the revolving fund described under
clause (i)(I) or (II) shall remain
available to the Council without fiscal
year limitation.
(C) Superseding provisions.--No provision of
law enacted after the date of enactment of this
subsection shall be construed to limit or
supersede any authority under subparagraph (A)
or (B), unless such provision makes specific
reference to the authority in that paragraph.
(4) Existing authorities and responsibilities.--The
establishment and operation of the Council shall not
affect--
(A) the role of the Department of Justice in
law enforcement and litigation;
(B) the authority or responsibilities of any
Government agency or entity; and
(C) the authority or responsibilities of
individual members of the Council.
(5) Additional responsibilities relating to
whistleblower protection.--The Council shall--
(A) facilitate the work of the Whistleblower
Protection Coordinators designated under
section 3(d)(C); 3 and
(B) in consultation with the Office of
Special Counsel and Whistleblower Protection
Coordinators from the member offices of the
Inspector General, develop best practices for
coordination and communication in promoting the
timely and appropriate handling and
consideration of protected disclosures,
allegations of reprisal, and general matters
regarding the implementation and administration
of whistleblower protection laws, in accordance
with Federal law.
(d) Integrity Committee.--
(1) Establishment.--The Council shall have an
Integrity Committee, which shall receive, review, and
refer for investigation allegations of wrongdoing that
are made against Inspectors General and staff members
of the various Offices of Inspector General described
under paragraph (4)(C).
(2) Membership.--
(A) In general.--The Integrity Committee
shall consist of the following members:
(i) The official of the Federal
Bureau of Investigation serving on the
Council.
(ii) Four Inspectors General
described in subparagraph (A) or (B) of
subsection (b)(1) appointed by the
Chairperson of the Council,
representing both establishments and
designated Federal entities (as that
term is defined in section 8G(a)).
(iii) The Director of the Office of
Government Ethics or the designee of
the Director.
(B) Chairperson.--
(i) In general.--The Integrity
Committee shall elect one of the
Inspectors General referred to in
subparagraph (A)(ii) to act as
Chairperson of the Integrity Committee.
(ii) Term.--The term of office of the
Chairperson of the Integrity Committee
shall be 2 years.
(3) Legal advisor.--The Chief of the Public Integrity
Section of the Criminal Division of the Department of
Justice, or his designee, shall serve as a legal
advisor to the Integrity Committee.
(4) Referral of allegations.--
(A) Requirement.--An Inspector General shall
refer to the Integrity Committee any allegation
of wrongdoing against a staff member of the
office of that Inspector General, if--
(i) review of the substance of the
allegation cannot be assigned to an
agency of the executive branch with
appropriate jurisdiction over the
matter; and
(ii) the Inspector General determines
that--
(I) an objective internal
investigation of the allegation
is not feasible; or
(II) an internal
investigation of the allegation
may appear not to be objective.
(B) Definition.--In this paragraph the term
``staff member'' means any employee of an
Office of Inspector General who--
(i) reports directly to an Inspector
General; or
(ii) is designated by an Inspector
General under subparagraph (C).
(C) Designation of staff members.--Each
Inspector General shall annually submit to the
Chairperson of the Integrity Committee a
designation of positions whose holders are
staff members for purposes of subparagraph (B).
(5) Review of allegations.
(A) In general.--Not later than 7 days after
the date on which the Integrity Committee
receives an allegation of wrongdoing against an
Inspector General or against a staff member of
an Office of Inspector General described under
paragraph (4)(C), the allegation of wrongdoing
shall be reviewed and referred to the
Department of Justice or the Office of Special
Counsel for investigation, or to the Integrity
Committee for review, as appropriate, by--
(i) a representative of the
Department of Justice, as designated by
the Attorney General;
(ii) a representative of the Office
of Special Counsel, as designated by
the Special Counsel; and
(iii) a representative of the
Integrity Committee, as designated by
the Chairperson of the Integrity
Committee.
(B) Referral to the chairperson.--
(i) In general.--Except as provided
in clause (ii), not later than 30 days
after the date on which an allegation
of wrongdoing is referred to the
Integrity Committee under subparagraph
(A), the Integrity Committee shall
determine whether to refer the
allegation of wrongdoing to the
Chairperson of the Integrity Committee
to initiate an investigation.
(ii) Extension.--The 30-day period
described in clause (i) may be extended
for an additional period of 30 days if
the Integrity Committee provides
written notice to the congressional
committees described in paragraph
(8)(A)(iii) that includes a detailed,
case-specific description of why the
additional time is needed to evaluate
the allegation of wrongdoing.
(6) Authority to investigate allegations.--
(A) Requirement.--The Chairperson of the
Integrity Committee shall cause a thorough and
timely investigation of each allegation
referred under paragraph (5)(B) to be conducted
in accordance with this paragraph.
(B) Resources.--At the request of the
Chairperson of the Integrity Committee, the
head of each agency or entity represented on
the Council--
(i) shall provide assistance
necessary to the Integrity Committee;
and
(ii) may detail employees from that
agency or entity to the Integrity
Committee, subject to the control and
direction of the Chairperson, to
conduct an investigation under this
subsection.
(7) Procedures for investigations.--
(A) Standards applicable.--Investigations
initiated under this subsection shall be
conducted in accordance with the most current
Quality Standards for Investigations issued by
the Council or by its predecessors (the
President's Council on Integrity and Efficiency
and the Executive Council on Integrity and
Efficiency).
(B) Additional policies and procedures.--
(i) Establishment.--The Integrity
Committee, in conjunction with the
Chairperson of the Council, shall
establish additional policies and
procedures necessary to ensure fairness
and consistency in--
(I) determining whether to
initiate an investigation;
(II) conducting
investigations;
(III) reporting the results
of an investigation;
(IV) providing the person who
is the subject of an
investigation with an
opportunity to respond to any
Integrity Committee report;
(V) except as provided in
clause (ii), ensuring, to the
extent possible, that
investigations are conducted by
Offices of Inspector General of
similar size;
(VI) creating a process for
rotation of Inspectors General
assigned to investigate
allegations through the
Integrity Committee; and
(VII) creating procedures to
avoid conflicts of interest for
Integrity Committee
investigations.
(ii) Exception.--The requirement
under clause (i)(V) shall not apply to
any Office of Inspector General with
less than 50 employees who are
authorized to conduct audits or
investigations.
(iii) Submission to congress.--The
Council shall submit a copy of the
policies and procedures established
under clause (i) to the congressional
committees of jurisdiction.
(C) Completion of Investigation.--If an
allegation of wrongdoing is referred to the
Chairperson of the Integrity Committee under
paragraph (5)(B), the Chairperson of the
Integrity Committee--
(i) shall complete the investigation
not later than 150 days after the date
on which the Integrity Committee made
the referral; and
(ii) if the investigation cannot be
completed within the 150-day period
described in clause (i), shall--
(I) promptly notify the
congressional committees
described in paragraph
(8)(A)(iii); and
(II) brief the congressional
committees described in
paragraph (8)(A)(iii) every 30
days regarding the status of
the investigation and the
general reasons for delay until
the investigation is complete.
(D) Concurrent investigation.--If an
allegation of wrongdoing against an Inspector
General or a staff member of an Office of
Inspector General described under paragraph
(4)(C) is referred to the Department of Justice
or the Office of Special Counsel under
paragraph (5)(A), the Chairperson of the
Integrity Committee may conduct any related
investigation referred to the Chairperson under
paragraph (5)(B) concurrently with the
Department of Justice or the Office of Special
Counsel, as applicable.
(E) Reports.
(i) Integrity committee
investigations.--For each investigation
of an allegation of wrongdoing referred
to the Chairperson of the Integrity
Committee under paragraph (5)(B), the
Chairperson of the Integrity Committee
shall submit to members of the
Integrity Committee and to the
Chairperson of the Council a report
containing the results of the
investigation.
(ii) Other investigations.--For each
allegation of wrongdoing referred to
the Department of Justice or the Office
of Special Counsel under paragraph
(5)(A), the Attorney General or the
Special Counsel, as applicable, shall
submit to the Integrity Committee a
report containing the results of the
investigation.
(iii) Availability to congress.--
(I) In general.--The
congressional committees
described in paragraph
(8)(A)(iii) shall have access
to any report authored by the
Integrity Committee.
(II) Members of congress.--
Subject to any other provision
of law that would otherwise
prohibit disclosure of such
information, the Integrity
Committee may provide any
report authored by the
Integrity Committee to any
Member of Congress.
(8) Assessment and final disposition.--
(A) In general.--With respect to any report
received under paragraph (7)(E), the Integrity
Committee shall--
(i) assess the report;
(ii) forward the report, with the
recommendations of the Integrity
Committee, including those on
disciplinary action, within 30 days (to
the maximum extent practicable) after
the completion of the investigation, to
the Executive Chairperson of the
Council and to the President (in the
case of a report relating to an
Inspector General of an establishment
or any employee of that Inspector
General) or the head of a designated
Federal entity (in the case of a report
relating to an Inspector General of
such an entity or any employee of that
Inspector General) for resolution; and
4
(iii) submit the report, with the
recommendations of the Integrity
Committee, to the Committee on Homeland
Security and Governmental Affairs of
the Senate, the Committee on Oversight
and Government Reform of the House of
Representatives, and other
congressional committees of
jurisdiction; and
(iv) following the submission of the
report under clause (iii) and upon
request by any Member of Congress,
submit the report, with the
recommendations of the Integrity
Committee, to that Member.
(B) Disposition.--The Executive Chairperson
of the Council shall report to the Integrity
Committee the final disposition of the matter,
including what action was taken by the
President or agency head.
(9) Annual report.--The Council shall submit to
Congress and the President by December 31 of each year
a report on the activities of the Integrity Committee
during the preceding fiscal year, which shall include
the following:
(A) The number of allegations received.
(B) 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.
(C) The number of allegations referred to the
Chairperson of the Integrity Committee for
investigation.
(D) The number of allegations closed without
referral.
(E) The date each allegation was received and
the date each allegation was finally disposed
of.
(F) In the case of allegations referred to
the Chairperson of the Integrity Committee, a
summary of the status of the investigation of
the allegations and, in the case of
investigations completed during the preceding
fiscal year, a summary of the findings of the
investigations.
(G) Other matters that the Council considers
appropriate.
(10) Requests for more information.--With respect to
paragraphs (8) and (9), the Council shall provide more
detailed information about specific allegations upon
request from any Member of Congress.
(11) No right or benefit.--This subsection is not
intended to create any right or benefit, substantive or
procedural, enforceable at law by a person against the
United States, its agencies, its officers, or any
person.
(12) Allegations of wrongdoing against special
counsel or deputy special counsel.--
(A) Special counsel defined.--In this
paragraph, the term ``Special Counsel'' means
the Special Counsel appointed under section
1211(b) of title 5, United States Code.
(B) Authority of integrity committee.--
(i) In general.--An allegation of
wrongdoing against the Special Counsel
or the Deputy Special Counsel may be
received, reviewed, and referred for
investigation to the same extent and in
the same manner as in the case of an
allegation against an Inspector General
or against a staff member of an Office
of Inspector General described under
paragraph (4)(C), subject to the
requirement that the representative
designated by the Special Counsel under
paragraph (5)(A)(ii) shall recuse
himself or herself from the
consideration of any allegation brought
under this paragraph.
(ii) Coordination with existing
provisions of law.--This paragraph
shall not eliminate access to the Merit
Systems Protection Board for review
under section 7701 of title 5, United
States Code. To the extent that an
allegation brought under this paragraph
involves section 2302(b)(8) of such
title, a failure to obtain corrective
action within 120 days after the date
on which the allegation is received by
the Integrity Committee shall, for
purposes of section 1221 of such title,
be considered to satisfy section
1214(a)(3)(B) of such title.
(C) Regulations.--The Integrity Committee may
prescribe any rules or regulations necessary to
carry out this paragraph, subject to such
consultation or other requirements as may
otherwise apply.
(13) Committee Records.--The Chairperson of the
Council shall maintain the records of the Integrity
Committee.
(e) Oversight.gov.--
(1) Definition.--In this subsection, the term
``Office of Inspector General'' means the Office of--
(A) an Inspector General described in
subparagraph (A), (B), or (I) of subsection
(b)(1);
(B) the Special Inspector General for
Afghanistan Reconstruction established under
section 1229 of the National Defense
Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 122 Stat. 379);
(C) the Special Inspector General for the
Troubled Asset Relief Plan established under
section 121 of title I of the Emergency
Economic Stabilization Act of 2008 (12 U.S.C.
5231); and
(D) the Special Inspector General for
Pandemic Recovery established under section
4018 of the CARES Act (15 U.S.C. 9053).
(2) Establishment.--The Council shall establish and
maintain a website entitled ``oversight.gov''--
(A) to consolidate all public reports from
each Office of Inspector General to improve the
access of the public to any audit report,
inspection report, or evaluation report (or
portion of any such report) made by an Office
of Inspector General; and
(B) that shall include any additional
resources, information, and enhancements as the
Council determines are necessary or desirable.
(3) Participation of offices of inspectors general.--
Each Office of Inspector General that publishes an
audit report, inspection report, or evaluation report
(or portion of any such report) on the website of the
Office of Inspector General shall, or in the case of
the office of an Inspector General described in
subparagraph (I) of subsection (b)(1) may,
contemporaneously publish the report or portion thereof
on oversight.gov in a manner prescribed by the
Council.]
[Sec. 12. Definitions
As used in this Act--
(1) the term ``head of the establishment'' means the
Secretary of Agriculture, Commerce, Defense, Education,
Energy, Health and Human Services, Housing and Urban
Development, the Interior, Labor, State,
Transportation, Homeland Security, or the Treasury; the
Attorney General; the Administrator of the Agency for
International Development, Environmental Protection,
General Services, National Aeronautics and Space, Small
Business, or Veterans' Affairs; the Administrator of
the Federal Emergency Management Agency, or the Office
of Personnel Management; the Chairman of the Nuclear
Regulatory Commission, the Federal Communications
Commission, or the Railroad Retirement Board; the
Chairperson of the Thrift Depositor Protection
Oversight Board; the Chief Executive Officer of the
Corporation for National and Community Service; the
Administrator of the Community Development Financial
Institutions Fund; the chief executive officer of the
Resolution Trust Corporation; the Chairperson of the
Federal Deposit Insurance Corporation; the Commissioner
of Social Security, Social Security Administration; the
Director of the Federal Housing Finance Agency; the
Board of Directors of the Tennessee Valley Authority;
the President of the Export-Import Bank; the Federal
Cochairpersons of the Commissions established under
section 15301 of title 40, United States Code; the
Director of the National Security Agency; or the
Director of the National Reconnaissance Office; as the
case may be;
(2) the term ``establishment'' means the Department
of Agriculture, Commerce, Defense, Education, Energy,
Health and Human Services, Housing and Urban
Development, the Interior, Justice, Labor, State,
Transportation, Homeland Security, or the Treasury; the
Agency for International Development, the Community
Development Financial Institutions Fund, the
Environmental Protection Agency, the Federal
Communications Commission, the Federal Emergency
Management Agency, the General Services Administration,
the National Aeronautics and Space Administration, the
Nuclear Regulatory Commission, the Office of Personnel
Management, the Railroad Retirement Board, the
Resolution Trust Corporation, the Federal Deposit
Insurance Corporation, the Small Business
Administration, the Corporation for National and
Community Service, the Veterans' Administration, the
Social Security Administration, the Federal Housing
Finance Agency, the Tennessee Valley Authority, the
Export-Import Bank, the Commissions established under
section 15301 of title 40, United States Code, the
National Security Agency, or the National
Reconnaissance Office, as the case may be;
(3) the term ``Inspector General'' means the
Inspector General of an establishment;
(4) the term ``Office'' means the Office of Inspector
General of an establishment; and
(5) the term ``Federal agency'' means an agency as
defined in section 552(f) of title 5 (including an
establishment as defined in paragraph (2)), United
States Code, but shall not be construed to include the
Government Accountability Office.]
ETHICS IN GOVERNMENT ACT OF 1978
* * * * * * *
TITLE I--FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL
[Sec. 101. Persons required to file
(a) Within thirty days of assuming the position of an
officer or employee described in subsection (f), an individual
shall file a report containing the information described in
section 102(b) unless the individual has left another position
described in subsection (f) within thirty days prior to
assuming such new position or has already filed a report under
this title with respect to nomination for the new position or
as a candidate for the position.
(b)(1) Within five days of the transmittal by the President
to the Senate of the nomination of an individual (other than an
individual nominated for appointment to a position as a Foreign
Service Officer or a grade or rank in the uniformed services
for which the pay grade prescribed by section 201 of title 37,
United States Code, is O-6 or below) to a position, appointment
to which requires the advice and consent of the Senate, such
individual shall file a report containing the information
described in section 102(b). Such individual shall, not later
than the date of the first hearing to consider the nomination
of such individual, make current the report filed pursuant to
this paragraph by filing the information required by section
102(a)(1)(A) with respect to income and honoraria received as
of the date which occurs five days before the date of such
hearing. Nothing in this Act shall prevent any Congressional
committee from requesting, as a condition of confirmation, any
additional financial information from any Presidential nominee
whose nomination has been referred to that committee.
(2) An individual whom the President or the President-elect
has publicly announced he intends to nominate to a position may
file the report required by paragraph (1) at any time after
that public announcement, but not later than is required under
the first sentence of such paragraph.
(c) Within thirty days of becoming a candidate as defined
in section 301 of the Federal Campaign Act of 1971, in a
calendar year for nomination or election to the office of
President, Vice President, or Member of Congress, or on or
before May 15 of that calendar year, whichever is later, but in
no event later than 30 days before the election, and on or
before May 15 of each successive year an individual continues
to be a candidate, an individual other than an incumbent
President, Vice President, or Member of Congress shall file a
report containing the information described in section 102(b).
Notwithstanding the preceding sentence, in any calendar year in
which an individual continues to be a candidate for any office
but all elections for such office relating to such candidacy
were held in prior calendar years, such individual need not
file a report unless he becomes a candidate for another vacancy
in that office or another office during that year.
(d) Any individual who is an officer or employee described
in subsection (f) during any calendar year and performs the
duties of his position or office for a period in excess of
sixty days in that calendar year shall file on or before May 15
of the succeeding year a report containing the information
described in section 102(a).
(e) Any individual who occupies a position described in
subsection (f) shall, on or before the thirtieth day after
termination of employment in such position, file a report
containing the information described in section 102(a) covering
the preceding calendar year if the report required by
subsection (d) has not been filed and covering the portion of
the calendar year in which such termination occurs up to the
date the individual left such office or position, unless such
individual has accepted employment in another position
described in subsection (f).
(f) The officers and employees referred to in subsections
(a), (d), and (e) are--
(1) the President;
(2) the Vice President;
(3) each officer or employee in the executive branch,
including a special Government employee as defined in
section 202 of title 18, United States Code, who
occupies a position classified above GS-15 of the
General Schedule or, in the case of positions not under
the General Schedule, for which the rate of basic pay
is equal to or greater than 120 percent of the minimum
rate of basic pay payable for GS-15 of the General
Schedule; each member of a uniformed service whose pay
grade is at or in excess of O-7 under section 201 of
title 37, United States Code; and each officer or
employee in any other position determined by the
Director of the Office of Government Ethics to be of
equal classification;
(4) each employee appointed pursuant to section 3105
of title 5, United States Code;
(5) any employee not described in paragraph (3) who
is in a position in the executive branch which is
excepted from the competitive service by reason of
being of a confidential or policymaking character,
except that the Director of the Office of Government
Ethics may, by regulation, exclude from the application
of this paragraph any individual, or group of
individuals, who are in such positions, but only in
cases in which the Director determines such exclusion
would not affect adversely the integrity of the
Government or the public's confidence in the integrity
of the Government;
(6) the Postmaster General, the Deputy Postmaster
General, each Governor of the Board of Governors of the
United States Postal Service and each officer or
employee of the United States Postal Service or Postal
Regulatory Commission who occupies a position for which
the rate of basic pay is equal to or greater than 120
percent of the minimum rate of basic pay payable for
GS-15 of the General Schedule;
(7) the Director of the Office of Government Ethics
and each designated agency ethics official;
(8) any civilian employee not described in paragraph
(3), employed in the Executive Office of the President
(other than a special government\1\ employee) who holds
a commission of appointment from the President;
(9) a Member of Congress as defined under section
109(12);
(10) an officer or employee of the Congress as
defined under section 109(13);
(11) a judicial officer as defined under section
109(10); and
(12) a judicial employee as defined under section
109(8).
(g)(1) Reasonable extensions of time for filing any report
may be granted under procedures prescribed by the supervising
ethics office for each branch, but the total of such extensions
shall not exceed ninety days.
(2)(A) In the case of an individual who is serving in the
Armed Forces, or serving in support of the Armed Forces, in an
area while that area is designated by the President by
Executive order as a combat zone for purposes of section 112 of
the Internal Revenue Code of 1986, the date for the filing of
any report shall be extended so that the date is 180 days after
the later of--
(i) the last day of the individual's service in such
area during such designated period; or
(ii) the last day of the individual's hospitalization
as a result of injury received or disease contracted
while serving in such area.
(B) The Office of Government Ethics, in consultation with
the Secretary of Defense, may prescribe procedures under this
paragraph.
(h) The provisions of subsections (a), (b), and (e) shall
not apply to an individual who, as determined by the designated
agency ethics official or Secretary concerned (or in the case
of a Presidential appointee under subsection (b), the Director
of the Office of Government Ethics), the congressional ethics
committees, or the Judicial Conference, is not reasonably
expected to perform the duties of his office or position for
more than sixty days in a calendar year, except that if such
individual performs the duties of his office or position for
more than sixty days in a calendar year--
(1) the report required by subsections (a) and (b)
shall be filed within fifteen days of the sixtieth day,
and
(2) the report required by subsection (e) shall be
filed as provided in such subsection.
(i) The supervising ethics office for each branch may grant
a publicly available request for a waiver of any reporting
requirement under this section for an individual who is
expected to perform or has performed the duties of his office
or position less than one hundred and thirty days in a calendar
year, but only if the supervising ethics office determines
that--
(1) such individual is not a full-time employee of
the Government,
(2) such individual is able to provide services
specially needed by the Government,
(3) it is unlikely that the individual's outside
employment or financial interests will create a
conflict of interest, and
(4) public financial disclosure by such individual is
not necessary in the circumstances.]
[Sec. 102. Contents of reports
(a) Each report filed pursuant to section 101(d) and (e)
shall include a full and complete statement with respect to the
following:
(1)(A) The source, type, and amount or value of
income (other than income referred to in subparagraph
(B)) from any source (other than from current
employment by the United States Government), and the
source, date, and amount of honoraria from any source,
received during the preceding calendar year,
aggregating $200 or more in value and, effective
January 1, 1991, the source, date, and amount of
payments made to charitable organizations in lieu of
honoraria, and the reporting individual shall
simultaneously file with the applicable supervising
ethics office, on a confidential basis, a corresponding
list of recipients of all such payments, together with
the dates and amounts of such payments.
(B) The source and type of income which consists of
dividends, rents, interest, and capital gains, received
during the preceding calendar year which exceeds $200
in amount or value, and an indication of which of the
following categories the amount or value of such item
of income is within:
(i) not more than $1,000,
(ii) greater than $1,000 but not more than
$2,500,
(iii) greater than $2,500 but not more than
$5,000,
(iv) greater than $5,000 but not more than
$15,000,
(v) greater than $15,000 but not more than
$50,000,
(vi) greater than $50,000 but not more than
$100,000,
(vii) greater than $100,000 but not more than
$1,000,000,
(viii) greater than $1,000,000 but not more
than $5,000,000, or
(ix) greater than $5,000,000.
(2)(A) The identity of the source, a brief
description, and the value of all gifts aggregating
more than the minimal value as established by section
7342(a)(5) of title 5, United States Code, or $250,
whichever is greater, received from any source other
than a relative of the reporting individual during the
preceding calendar year, except that any food, lodging,
or entertainment received as personal hospitality of an
individual need not be reported, and any gift with a
fair market value of $100 or less, as adjusted at the
same time and by the same percentage as the minimal
value is adjusted, need not be aggregated for purposes
of this subparagraph.
(B) The identity of the source and a brief
description (including a travel itinerary, dates, and
nature of expenses provided) of reimbursements received
from any source aggregating more than the minimal value
as established by section 7342(a)(5) of title 5, United
States Code, or $250, whichever is greater and received
during the preceding calendar year.
(C) In an unusual case, a gift need not be aggregated
under subparagraph (A) if a publicly available request
for a waiver is granted.
(3) The identity and category of value of any
interest in property held during the preceding calendar
year in a trade or business, or for investment or the
production of income, which has a fair market value
which exceeds $1,000 as of the close of the preceding
calendar year, excluding any personal liability owed to
the reporting individual by a spouse,,\1\ or by a
parent, brother, sister, or child of the reporting
individual or of the reporting individual's spouse, or
any deposits aggregating $5,000 or less in a personal
savings account. For purposes of this paragraph, a
personal savings account shall include any certificate
of deposit or any other form of deposit in a bank,
savings and loan association, credit union, or similar
financial institution.
(4) The identity and category of value of the total
liabilities owed to any creditor other than a spouse,
or a parent, brother, sister, or child of the reporting
individual or of the reporting individual's spouse
which exceed $10,000 at any time during the preceding
calendar year, excluding--
(A) any mortgage secured by real property which is a
personal residence of the reporting individual or his
spouse, except that this exception shall not apply to a
reporting individual--
(i) described in paragraph (1), (2), or (9)
of section 101(f);
(ii) described in section 101(b) who has been
nominated for appointment as an officer or
employee in the executive branch described in
subsection (f) of such section, other than--
(I) an individual appointed to a
position--
(aa) as a Foreign Service
Officer below the rank of
ambassador; or
(bb) in the uniformed
services for which the pay
grade prescribed by section 201
of title 37, United States Code
is O-6 or below; or
(II) a special government employee,
as defined under section 202 of title
18, United States Code; or
(iii) described in section 101(f) who is in a
position in the executive branch the
appointment to which is made by the President
and requires advice and consent of the Senate,
other than--
(I) an individual appointed to a
position--
(aa) as a Foreign Service
Officer below the rank of
ambassador; or
(bb) in the uniformed
services for which the
pay grade prescribed by
section 201 of title
37, United States Code
is O-6 or below; or
(II) a special government employee,
as defined under section 202 of title
18, United States Code; and
(B) any loan secured by a personal motor vehicle,
household furniture, or appliances, which loan does not
exceed the purchase price of the item which secures it.
With respect to revolving charge accounts, only those
with an outstanding liability which exceeds $10,000 as
of the close of the preceding calendar year need be
reported under this paragraph.
(5) Except as provided in this paragraph, a brief
description, the date, and category of value of any
purchase, sale or exchange during the preceding
calendar year which exceeds $1,000--
(A) in real property, other than property used solely
as a personal residence of the reporting individual or
his spouse; or
(B) in stocks, bonds, commodities futures, and other
forms of securities.
Reporting is not required under this paragraph of any
transaction solely by and between the reporting
individual, his spouse, or dependent children.
(6)(A) The identity of all positions held on or
before the date of filing during the current calendar
year (and, for the first report filed by an individual,
during the two-year period preceding such calendar
year) as an officer, director, trustee, partner,
proprietor, representative, employee, or consultant of
any corporation, company, firm, partnership, or other
business enterprise, any nonprofit organization, any
labor organization, or any educational or other
institution other than the United States. This
subparagraph shall not require the reporting of
positions held in any religious, social, fraternal, or
political entity and positions solely of an honorary
nature.
(B) If any person, other than the United States
Government, paid a nonelected reporting individual
compensation in excess of $5,000 in any of the two
calendar years prior to the calendar year during which
the individual files his first report under this title,
the individual shall include in the report--
(i) the identity of each source of such
compensation; and
(ii) a brief description of the nature of the
duties performed or services rendered by the
reporting individual for each such source.
The preceding sentence shall not require any individual to
include in such report any information which is considered
confidential as a result of a privileged relationship,
established by law, between such individual and any person nor
shall it require an individual to report any information with
respect to any person for whom services were provided by any
firm or association of which such individual was a member,
partner, or employee unless such individual was directly
involved in the provision of such services.
(7) A description of the date, parties to, and terms
of any agreement or arrangement with respect to (A)
future employment; (B) a leave of absence during the
period of the reporting individual's Government
service; (C) continuation of payments by a former
employer other than the United States Government; and
(D) continuing participation in an employee welfare or
benefit plan maintained by a former employer.
(8) The category of the total cash value of any
interest of the reporting individual in a qualified
blind trust, unless the trust instrument was executed
prior to July 24, 1995 and precludes the beneficiary
from receiving information on the total cash value of
any interest in the qualified blind trust.
(b)(1) Each report filed pursuant to subsections (a), (b),
and (c) of section 101 shall include a full and complete
statement with respect to the information required by--
(A) paragraph (1) of subsection (a) for the year of
filing and the preceding calendar year,
(B) paragraphs (3) and (4) of subsection (a) as of
the date specified in the report but which is less than
thirty-one days before the filing date, and
(C) paragraphs (6) and (7) of subsection (a) as of
the filing date but for periods described in such
paragraphs.
(2)(A) In lieu of filling out one or more schedules of a
financial disclosure form, an individual may supply the
required information in an alternative format, pursuant to
either rules adopted by the supervising ethics office for the
branch in which such individual serves or pursuant to a
specific written determination by such office for a reporting
individual.
(B) In lieu of indicating the category of amount or value
of any item contained in any report filed under this title, a
reporting individual may indicate the exact dollar amount of
such item.
(c) In the case of any individual described in section
101(e), any reference to the preceding calendar year shall be
considered also to include that part of the calendar year of
filing up to the date of the termination of employment.
(d)(1) The categories for reporting the amount or value of
the items covered in paragraphs (3), (4), (5), and (8) of
subsection (a) are as follows:
(A) not more than $15,000;
(B) greater than $15,000 but not more than $50,000;
(C) greater than $50,000 but not more than $100,000;
(D) greater than $100,000 but not more than $250,000;
(E) greater than $250,000 but not more than $500,000;
(F) greater than $500,000 but not more than
$1,000,000;
(G) greater than $1,000,000 but not more than
$5,000,000;
(H) greater than $5,000,000 but not more than
$25,000,000;
(I) greater than $25,000,000 but not more than
$50,000,000; and
(J) greater than $50,000,000.
(2) For the purposes of paragraph (3) of subsection (a) if
the current value of an interest in real property (or an
interest in a real estate partnership) is not ascertainable
without an appraisal, an individual may list (A) the date of
purchase and the purchase price of the interest in the real
property, or (B) the assessed value of the real property for
tax purposes, adjusted to reflect the market value of the
property used for the assessment if the assessed value is
computed at less than 100 percent of such market value, but
such individual shall include in his report a full and complete
description of the method used to determine such assessed
value, instead of specifying a category of value pursuant to
paragraph (1) of this subsection. If the current value of any
other item required to be reported under paragraph (3) of
subsection (a) is not ascertainable without an appraisal, such
individual may list the book value of a corporation whose stock
is not publicly traded, the net worth of a business
partnership, the equity value of an individually owned
business, or with respect to other holdings, any recognized
indication of value, but such individual shall include in his
report a full and complete description of the method used in
determining such value. In lieu of any value referred to in the
preceding sentence, an individual may list the assessed value
of the item for tax purposes, adjusted to reflect the market
value of the item used for the assessment if the assessed value
is computed at less than 100 percent of such market value, but
a full and complete description of the method used in
determining such assessed value shall be included in the
report.
(e)(1) Except as provided in the last sentence of this
paragraph, each report required by section 101 shall also
contain information listed in paragraphs (1) through (5) of
subsection (a) of this section respecting the spouse or
dependent child of the reporting individual as follows:
(A) The source of items of earned income earned by a
spouse from any person which exceed $1,000 and the
source and amount of any honoraria received by a
spouse, except that, with respect to earned income
(other than honoraria), if the spouse is self-employed
in business or a profession, only the nature of such
business or profession need be reported.
(B) All information required to be reported in
subsection (a)(1)(B) with respect to income derived by
a spouse or dependent child from any asset held by the
spouse or dependent child and reported pursuant to
subsection (a)(3).
(C) In the case of any gifts received by a spouse or
dependent child which are not received totally
independent of the relationship of the spouse or
dependent child to the reporting individual, the
identity of the source and a brief description of gifts
of transportation, lodging, food, or entertainment and
a brief description and the value of other gifts.
(D) In the case of any reimbursements received by a
spouse or dependent child which are not received
totally independent of the relationship of the spouse
or dependent child to the reporting individual, the
identity of the source and a brief description of each
such reimbursement.
(E) In the case of items described in paragraphs (3)
through (5) of subsection (a), all information required
to be reported under these paragraphs other than items
(i) which the reporting individual certifies represent
the spouse's or dependent child's sole financial
interest or responsibility and which the reporting
individual has no knowledge of, (ii) which are not in
any way, past or present, derived from the income,
assets, or activities of the reporting individual, and
(iii) from which the reporting individual neither
derives, nor expects to derive, any financial or
economic benefit.
(F) For purposes of this section, categories with
amounts or values greater than $1,000,000 set forth in
sections 102(a)(1)(B) and 102(d)(1) shall apply to the
income, assets, or liabilities of spouses and dependent
children only if the income, assets, or liabilities are
held jointly with the reporting individual. All other
income, assets, or liabilities of the spouse or
dependent children required to be reported under this
section in an amount or value greater than $1,000,000
shall be categorized only as an amount or value greater
than $1,000,000.
Reports required by subsections (a), (b), and (c) of
section 101 shall, with respect to the spouse and
dependent child of the reporting individual, only
contain information listed in paragraphs (1), (3), and
(4) of subsection (a), as specified in this paragraph.
(2) No report shall be required with respect to a spouse
living separate and apart from the reporting individual with
the intention of terminating the marriage or providing for
permanent separation; or with respect to any income or
obligations of an individual arising from the dissolution of
his marriage or the permanent separation from his spouse.
(f)(1) Except as provided in paragraph (2), each reporting
individual shall report the information required to be reported
pursuant to subsections (a), (b), and (c) of this section with
respect to the holdings of and the income from a trust or other
financial arrangement from which income is received by, or with
respect to which a beneficial interest in principal or income
is held by, such individual, his spouse, or any dependent
child.
(2) A reporting individual need not report the holdings of
or the source of income from any of the holdings of--
(A) any qualified blind trust (as defined in
paragraph (3));
(B) a trust--
(i) which was not created directly by such
individual, his spouse, or any dependent child,
and
(ii) the holdings or sources of income of
which such individual, his spouse, and any
dependent child have no knowledge of; or
(C) an entity described under the provisions of
paragraph (8),
but such individual shall report the category of the amount of
income received by him, his spouse, or any dependent child from
the trust or other entity under subsection (a)(1)(B) of this
section.
(3) For purposes of this subsection, the term ``qualified
blind trust'' includes any trust in which a reporting
individual, his spouse, or any minor or dependent child has a
beneficial interest in the principal or income, and which meets
the following requirements:
(A)(i) The trustee of the trust and any other entity
designated in the trust instrument to perform fiduciary
duties is a financial institution, an attorney, a
certified public accountant, a broker, or an investment
advisor who--
(I) is independent of and not associated with
any interested party so that the trustee or
other person cannot be controlled or influenced
in the administration of the trust by any
interested party; and
(II) is not and has not been an employee of
or affiliated with any interested party and is
not a partner of, or involved in any joint
venture or other investment with, any
interested party; and
(III) is not a relative of any interested
party.
(ii) Any officer or employee of a trustee or other
entity who is involved in the management or control of
the trust--
(I) is independent of and not associated with
any interested party so that such officer or
employee cannot be controlled or influenced in
the administration of the trust by any
interested party;
(II) is not a partner of, or involved in any
joint venture or other investment with, any
interested party; and
(III) is not a relative of any interested
party.
(B) Any asset transferred to the trust by an
interested party is free of any restriction with
respect to its transfer or sale unless such restriction
is expressly approved by the supervising ethics office
of the reporting individual.
(C) The trust instrument which establishes the trust
provides that--
(i) except to the extent provided in
subparagraph (B) of this paragraph, the trustee
in the exercise of his authority and discretion
to manage and control the assets of the trust
shall not consult or notify any interested
party;
(ii) the trust shall not contain any asset
the holding of which by an interested party is
prohibited by any law or regulation;
(iii) the trustee shall promptly notify the
reporting individual and his supervising ethics
office when the holdings of any particular
asset transferred to the trust by any
interested party are disposed of or when the
value of such holding is less than $1,000;
(iv) the trust tax return shall be prepared
by the trustee or his designee, and such return
and any information relating thereto (other
than the trust income summarized in appropriate
categories necessary to complete an interested
party's tax return), shall not be disclosed to
any interested party;
(v) an interested party shall not receive any
report on the holdings and sources of income of
the trust, except a report at the end of each
calendar quarter with respect to the total cash
value of the interest of the interested party
in the trust or the net income or loss of the
trust or any reports necessary to enable the
interested party to complete an individual tax
return required by law or to provide the
information required by subsection (a)(1) of
this section, but such report shall not
identify any asset or holding;
(vi) except for communications which solely
consist of requests for distributions of cash
or other unspecified assets of the trust, there
shall be no direct or indirect communication
between the trustee and an interested party
with respect to the trust unless such
communication is in writing and unless it
relates only (I) to the general financial
interest and needs of the interested party
(including, but not limited to, an interest in
maximizing income or long-term capital gain),
(II) to the notification of the trustee of a
law or regulation subsequently applicable to
the reporting individual which prohibits the
interested party from holding an asset, which
notification directs that the asset not be held
by the trust, or (III) to directions to the
trustee to sell all of an asset initially
placed in the trust by an interested party
which in the determination of the reporting
individual creates a conflict of interest or
the appearance thereof due to the subsequent
assumption of duties by the reporting
individual (but nothing herein shall require
any such direction); and
(vii) the interested parties shall make no
effort to obtain information with respect to
the holdings of the trust, including obtaining
a copy of any trust tax return filed or any
information relating thereto except as
otherwise provided in this subsection.
(D) The proposed trust instrument and the proposed
trustee is approved by the reporting individual's
supervising ethics office.
(E) For purposes of this subsection, ``interested
party'' means a reporting individual, his spouse, and
any minor or dependent child; ``broker'' has the
meaning set forth in section 3(a)(4) of the Securities
and Exchange Act of 1934 (15 U.S.C. 78c(a)(4)); and
``investment adviser'' includes any investment adviser
who, as determined under regulations prescribed by the
supervising ethics office, is generally involved in his
role as such an adviser in the management or control of
trusts.
(F) Any trust qualified by a supervising ethics
office before the effective date of title II of the
Ethics Reform Act of 1989 shall continue to be governed
by the law and regulations in effect immediately before
such effective date.
(4)(A) An asset placed in a trust by an interested party
shall be considered a financial interest of the reporting
individual, for the purposes of any applicable conflict of
interest statutes, regulations, or rules of the Federal
Government (including section 208 of title 18, United States
Code), until such time as the reporting individual is notified
by the trustee that such asset has been disposed of, or has a
value of less than $1,000.
(B)(i) The provisions of subparagraph (A) shall not apply
with respect to a trust created for the benefit of a reporting
individual, or the spouse, dependent child, or minor child of
such a person, if the supervising ethics office for such
reporting individual finds that--
(I) the assets placed in the trust consist of a well-
diversified portfolio of readily marketable securities;
(II) none of the assets consist of securities of
entities having substantial activities in the area of
the reporting individual's primary area of
responsibility;
(III) the trust instrument prohibits the trustee,
notwithstanding the provisions of paragraphs
(3)(C)(iii) and (iv) of this subsection, from making
public or informing any interested party of the sale of
any securities;
(IV) the trustee is given power of attorney,
notwithstanding the provisions of paragraph (3)(C)(v)
of this subsection, to prepare on behalf of any
interested party the personal income tax returns and
similar returns which may contain information relating
to the trust; and
(V) except as otherwise provided in this paragraph,
the trust instrument provides (or in the case of a
trust established prior to the effective date of this
Act which by its terms does not permit amendment, the
trustee, the reporting individual, and any other
interested party agree in writing) that the trust shall
be administered in accordance with the requirements of
this subsection and the trustee of such trust meets the
requirements of paragraph (3)(A).
(ii) In any instance covered by subparagraph (B) in which
the reporting individual is an individual whose nomination is
being considered by a congressional committee, the reporting
individual shall inform the congressional committee considering
his nomination before or during the period of such individual's
confirmation hearing of his intention to comply with this
paragraph.
(5)(A) The reporting individual shall, within thirty days
after a qualified blind trust is approved by his supervising
ethics office, file with such office a copy of--
(i) the executed trust instrument of such trust
(other than those provisions which relate to the
testamentary disposition of the trust assets), and
(ii) a list of the assets which were transferred to
such trust, including the category of value of each
asset as determined under subsection (d) of this
section.
This subparagraph shall not apply with respect to a
trust meeting the requirements for being considered a
qualified blind trust under paragraph (7) of this
subsection.
(B) The reporting individual shall, within thirty days of
transferring an asset (other than cash) to a previously
established qualified blind trust, notify his supervising
ethics office of the identity of each such asset and the
category of value of each asset as determined under subsection
(d) of this section.
(C) Within thirty days of the dissolution of a qualified
blind trust, a reporting individual shall--
(i) notify his supervising ethics office of such
dissolution, and
(ii) file with such office a copy of a list of the
assets of the trust at the time of such dissolution and
the category of value under subsection (d) of this
section of each such asset.
(D) Documents filed under subparagraphs (A), (B), and (C)
of this paragraph and the lists provided by the trustee of
assets placed in the trust by an interested party which have
been sold shall be made available to the public in the same
manner as a report is made available under section 105 and the
provisions of that section shall apply with respect to such
documents and lists.
(E) A copy of each written communication with respect to
the trust under paragraph (3)(C)(vi) shall be filed by the
person initiating the communication with the reporting
individual's supervising ethics office within five days of the
date of the communication.
(6)(A) A trustee of a qualified blind trust shall not
knowingly and willfully, or negligently, (i) disclose any
information to an interested party with respect to such trust
that may not be disclosed under paragraph (3) of this
subsection; (ii) acquire any holding the ownership of which is
prohibited by the trust instrument; (iii) solicit advice from
any interested party with respect to such trust, which
solicitation is prohibited by paragraph (3) of this subsection
or the trust agreement; or (iv) fail to file any document
required by this subsection.
(B) A reporting individual shall not knowingly and
willfully, or negligently, (i) solicit or receive any
information with respect to a qualified blind trust of which he
is an interested party that may not be disclosed under
paragraph (3)(C) of this subsection or (ii) fail to file any
document required by this subsection.
(C)(i) The Attorney General may bring a civil action in any
appropriate United States district court against any individual
who knowingly and willfully violates the provisions of
subparagraph (A) or (B) of this paragraph. The court in which
such action is brought may assess against such individual a
civil penalty in any amount not to exceed $10,000.
(ii) The Attorney General may bring a civil action in any
appropriate United States district court against any individual
who negligently violates the provisions of subparagraph (A) or
(B) of this paragraph. The court in which such action is
brought may assess against such individual a civil penalty in
any amount not to exceed $5,000.
(7) Any trust may be considered to be a qualified blind
trust if--
(A) the trust instrument is amended to comply with
the requirements of paragraph (3) or, in the case of a
trust instrument which does not by its terms permit
amendment, the trustee, the reporting individual, and
any other interested party agree in writing that the
trust shall be administered in accordance with the
requirements of this subsection and the trustee of such
trust meets the requirements of paragraph (3)(A);
except that in the case of any interested party who is
a dependent child, a parent or guardian of such child
may execute the agreement referred to in this
subparagraph;
(B) a copy of the trust instrument (except
testamentary provisions) and a copy of the agreement
referred to in subparagraph (A), and a list of the
assets held by the trust at the time of approval by the
supervising ethics office, including the category of
value of each asset as determined under subsection (d)
of this section, are filed with such office and made
available to the public as provided under paragraph
(5)(D) of this subsection; and
(C) the supervising ethics office determines that
approval of the trust arrangement as a qualified blind
trust is in the particular case appropriate to assure
compliance with applicable laws and regulations.
(8) A reporting individual shall not be required to report
the financial interests held by a widely held investment fund
(whether such fund is a mutual fund, regulated investment
company, pension or deferred compensation plan, or other
investment fund), if--
(A)(i) the fund is publicly traded; or
(ii) the assets of the fund are widely diversified;
and
(B) the reporting individual neither exercises
control over nor has the ability to exercise control
over the financial interests held by the fund.
(g) Political campaign funds, including campaign receipts
and expenditures, need not be included in any report filed
pursuant to this title.
(h) A report filed pursuant to subsection (a), (d), or (e)
of section 101 need not contain the information described in
subparagraphs (A), (B), and (C) of subsection (a)(2) with
respect to gifts and reimbursements received in a period when
the reporting individual was not an officer or employee of the
Federal Government.
(i) A reporting individual shall not be required under this
title to report--
(1) financial interests in or income derived from--
(A) any retirement system under title 5,
United States Code (including the Thrift
Savings Plan under subchapter III of chapter 84
of such title); or
(B) any other retirement system maintained by
the United States for officers or employees of
the United States, including the President, or
for members of the uniformed services; or
(2) benefits received under the Social Security Act.]
[Sec. 103. Filing of reports
(a) Except as otherwise provided in this section, the
reports required under this title shall be filed by the
reporting individual with the designated agency ethics official
at the agency by which he is employed (or in the case of an
individual described in section 101(e), was employed) or in
which he will serve. The date any report is received (and the
date of receipt of any supplemental report) shall be noted on
such report by such official.
(b) The President, the Vice President, and independent
counsel and persons appointed by independent counsel under
chapter 40 of title 28, United States Code, shall file reports
required under this title with the Director of the Office of
Government Ethics.
(c) Copies of the reports required to be filed under this
title by the Postmaster General, the Deputy Postmaster General,
the Governors of the Board of Governors of the United States
Postal Service, designated agency ethics officials, employees
described in section 105(a)(2)(A) or (B), 106(a)(1)(A) or (B),
or 107(a)(1)(A) or (b)(1)(A)(i), of title 3, United States
Code, candidates for the office of President or Vice President
and officers and employees in (and nominees to) offices or
positions which require confirmation by the Senate or by both
Houses of Congress other than individuals nominated to be
judicial officers and those referred to in subsection (f) shall
be transmitted to the Director of the Office of Government
Ethics. The Director shall forward a copy of the report of each
nominee to the congressional committee considering the
nomination.
(d) Reports required to be filed under this title by the
Director of the Office of Government Ethics shall be filed in
the Office of Government Ethics and, immediately after being
filed, shall be made available to the public in accordance with
this title.
(e) Each individual identified in section 101(c) who is a
candidate for nomination or election to the Office of President
or Vice President shall file the reports required by this title
with the Federal Election Commission.
(f) Reports required of members of the uniformed services
shall be filed with the Secretary concerned.
(g) Each supervising ethics office shall develop and make
available forms for reporting the information required by this
title.
(h)(1) The reports required under this title shall be filed
by a reporting individual with--
(A)(i)(I) the Clerk of the House of Representatives,
in the case of a Representative in Congress, a Delegate
to Congress, the Resident Commissioner from Puerto
Rico, an officer or employee of the Congress whose
compensation is disbursed by the Chief Administrative
Officer of the House of Representatives, an officer or
employee of the Architect of the Capitol, United States
Capitol Police, the United States Botanic Garden, the
Congressional Budget Office, the Government Publishing
Office, the Library of Congress, or the Copyright
Royalty Tribunal (including any individual terminating
service, under section 101(e), in any office or
position referred to in this subclause), or an
individual described in section 101(c) who is a
candidate for nomination or election as a
Representative in Congress, a Delegate to Congress, or
the Resident Commissioner from Puerto Rico; and
(II) the Secretary of the Senate, in the case of a
Senator, an officer or employee of the Congress whose
compensation is disbursed by the Secretary of the
Senate, an officer or employee of the Government
Accountability Office, the Office of Technology
Assessment, or the Office of the Attending Physician
(including any individual terminating service, under
section 101(e), in any office or position referred to
in this subclause), or an individual described in
section 101(c) who is a candidate for nomination or
election as a Senator; and
(ii) in the case of an officer or employee of the
Congress as described under section 101(f)(10) who is
employed by an agency or commission established in the
legislative branch after the date of the enactment of
the Ethics Reform Act of 1989--
(I) the Secretary of the Senate or the Clerk of the
House of Representatives, as the case may be, as
designated in the statute establishing such agency or
commission; or
(II) if such statute does not designate such
committee, the Secretary of the Senate for agencies and
commissions established in even numbered calendar
years, and the Clerk of the House of Representatives
for agencies and commissions established in odd
numbered calendar years; and
(B) the Judicial Conference with regard to a judicial
officer or employee described under paragraphs (11) and (12) of
section 101(f) (including individuals terminating service in
such office or position under section 101(e) or immediately
preceding service in such office or position).
(2) The date any report is received (and the date of
receipt of any supplemental report) shall be noted on such
report by such committee.
(i)(1) A copy of each report filed under this title by a
Member or an individual who is a candidate for the office of
Member shall be sent by the Clerk of the House of
Representatives or Secretary of the Senate, as the case may be,
to the appropriate State officer designated under section
316(a)\1\ the Federal Election Campaign Act of 1971 of the
State represented by the Member or in which the individual is a
candidate, as the case may be, within the 30-day period
beginning on the day the report is filed with the Clerk or
Secretary.
(2) The requirements of paragraph (1) do not apply to any
report filed under this title which is filed electronically and
for which there is online public access, in accordance with the
systems developed by the Secretary and Sergeant at Arms of the
Senate and the Clerk of the House of Representatives under
section 8(b) of the STOCK Act.
(j)(1) A copy of each report filed under this title with
the Clerk of the House of Representatives shall be sent by the
Clerk to the Committee on Standards of Official Conduct of the
House of Representatives within the 7-day period beginning on
the day the report is filed.
(2) A copy of each report filed under this title with the
Secretary of the Senate shall be sent by the Secretary to the
Select Committee on Ethics of the Senate within the 7-day
period beginning on the day the report is filed.
(k) In carrying out their responsibilities under this title
with respect to candidates for office, the Clerk of the House
of Representatives and the Secretary of the Senate shall avail
themselves of the assistance of the Federal Election
Commission. The Commission shall make available to the Clerk
and the Secretary on a regular basis a complete list of names
and addresses of all candidates registered with the Commission,
and shall cooperate and coordinate its candidate information
and notification program with the Clerk and the Secretary to
the greatest extent possible.
(l) Not later than 30 days after receiving notification of
any transaction required to be reported under section
102(a)(5)(B), but in no case later than 45 days after such
transaction, the following persons, if required to file a
report under any subsection of section 101, subject to any
waivers and exclusions, shall file a report of the transaction:
(1) The President.
(2) The Vice President.
(3) Each officer or employee in the executive branch,
including a special Government employee as defined in
section 202 of title 18, United States Code, who
occupies a position classified above GS-15 of the
General Schedule or, in the case of positions not under
the General Schedule, for which the rate of basic pay
is equal to or greater than 120 percent of the minimum
rate of basic pay payable for GS-15 of the General
Schedule; each member of a uniformed service whose pay
grade is at or in excess of O-7 under section 201 of
title 37, United States Code; and each officer or
employee in any other position determined by the
Director of the Office of Government Ethics to be of
equal classification.
(4) Each employee appointed pursuant to section 3105
of title 5, United States Code.
(5) Any employee not described in paragraph (3) who
is in a position in the executive branch which is
excepted from the competitive service by reason of
being of a confidential or policymaking character,
except that the Director of the Office of Government
Ethics may, by regulation, exclude from the application
of this paragraph any individual, or group of
individuals, who are in such positions, but only in
cases in which the Director determines such exclusion
would not affect adversely the integrity of the
Government or the public's confidence in the integrity
of the Government.
(6) The Postmaster General, the Deputy Postmaster
General, each Governor of the Board of Governors of the
United States Postal Service and each officer or
employee of the United States Postal Service or Postal
Regulatory Commission who occupies a position for which
the rate of basic pay is equal to or greater than 120
percent of the minimum rate of basic pay payable for
GS-15 of the General Schedule.
(7) The Director of the Office of Government Ethics
and each designated agency ethics official.
(8) Any civilian employee not described in paragraph
(3), employed in the Executive Office of the President
(other than a special government employee) who holds a
commission of appointment from the President.
(9) A Member of Congress, as defined under section
109(12).
(10) An officer or employee of the Congress, as
defined under section 109(13).]
[Sec. 104. Failure to file or filing false reports
(a)(1) The Attorney General may bring a civil action in any
appropriate United States district court against any individual
who knowingly and willfully falsifies or who knowingly and
willfully fails to file or report any information that such
individual is required to report pursuant to section 102. The
court in which such action is brought may assess against such
individual a civil penalty in any amount, not to exceed
$50,000.
(2)(A) It shall be unlawful for any person to knowingly and
willfully--
(i) falsify any information that such person is
required to report under section 102; and
(ii) fail to file or report any information that such
person is required to report under section 102.
(B) Any person who--
(i) violates subparagraph (A)(i) shall be fined under
title 18, United States Code, imprisoned for not more
than 1 year, or both; and
(ii) violates subparagraph (A)(ii) shall be fined
under title 18, United States Code.
(b) The head of each agency, each Secretary concerned, the
Director of the Office of Government Ethics, each congressional
ethics committee, or the Judicial Conference, as the case may
be, shall refer to the Attorney General the name of any
individual which such official or committee has reasonable
cause to believe has willfully failed to file a report or has
willfully falsified or willfully failed to file information
required to be reported. Whenever the Judicial Conference
refers a name to the Attorney General under this subsection,
the Judicial Conference also shall notify the judicial council
of the circuit in which the named individual serves of the
referral.
(c) The President, the Vice President, the Secretary
concerned, the head of each agency, the Office of Personnel
Management, a congressional ethics committee, and the Judicial
Conference, may take any appropriate personnel or other action
in accordance with applicable law or regulation against any
individual failing to file a report or falsifying or failing to
report information required to be reported.
(d)(1) Any individual who files a report required to be
filed under this title more than 30 days after the later of--
(A) the date such report is required to be filed
pursuant to the provisions of this title and the rules
and regulations promulgated thereunder; or
(B) if a filing extension is granted to such
individual under section 101(g), the last day of the
filing extension period,
shall, at the direction of and pursuant to regulations issued
by the supervising ethics office, pay a filing fee of $200. All
such fees shall be deposited in the miscellaneous receipts of
the Treasury. The authority under this paragraph to direct the
payment of a filing fee may be delegated by the supervising
ethics office in the executive branch to other agencies in the
executive branch.
(2) The supervising ethics office may waive the filing fee
under this subsection in extraordinary circumstances.]
[Sec. 105. Custody of and public access to reports
(a) Each agency, each supervising ethics office in the
executive or judicial branch, the Clerk of the House of
Representatives, and the Secretary of the Senate shall make
available to the public, in accordance with subsection (b),
each report filed under this title with such agency or office
or with the Clerk or the Secretary of the Senate, except that--
(1) this section does not require public availability
of a report filed by any individual in the Office of
the Director of National Intelligence, the Central
Intelligence Agency, the Defense Intelligence Agency,
the National Geospatial-Intelligence Agency, or the
National Security Agency, or any individual engaged in
intelligence activities in any agency of the United
States, if the President finds or has found that, due
to the nature of the office or position occupied by
such individual, public disclosure of such report
would, be revealing the identity of the individual or
other sensitive information, compromise the national
interest of the United States; and such individuals may
be authorized, notwithstanding section 104(a), to file
such additional reports as are necessary to protect
their identity from public disclosure if the President
first finds or has found that such filing is necessary
in the national interest; and
(2) any report filed by an independent counsel whose
identity has not been disclosed by the division of the
court under chapter 40 of title 28, United States Code,
and any report filed by any person appointed by that
independent counsel under such chapter, shall not be
made available to the public under this title.
(b)(1) Except as provided in the second sentence of this
subsection, each agency, each supervising ethics office in the
executive or judicial branch, the Clerk of the House of
Representatives, and the Secretary of the Senate shall, within
thirty days after any report is received under this title by
such agency or office or by the Clerk or the Secretary of the
Senate, as the case may be,2 permit inspection of
such report by or furnish a copy of such report to any person
requesting such inspection or copy. With respect to any report
required to be filed by May 15 of any year, such report shall
be made available for public inspection within 30 calendar days
after May 15 of such year or within 30 days of the date of
filing of such a report for which an extension is granted
pursuant to section 101(g). The agency, office, Clerk, or
Secretary of the Senate, as the case may be3 may
require a reasonable fee to be paid in any amount which is
found necessary to recover the cost of reproduction or mailing
of such report excluding any salary of any employee involved in
such reproduction or mailing. A copy of such report may be
furnished without charge or at a reduced charge if it is
determined that waiver or reduction of the fee is in the public
interest.
(2) Notwithstanding paragraph (1), a report may not be made
available under this section to any person nor may any copy
thereof be provided under this section to any person except
upon a written application by such person stating--
(A) that person's name, occupation and address;
(B) the name and address of any other person or
organization on whose behalf the inspection or copy is
requested; and
(C) that such person is aware of the prohibitions on
the obtaining or use of the report.
Any such application shall be made available to the public
throughout the period during which the report is made available
to the public.
(3)(A) This section does not require the immediate and
unconditional availability of reports filed by an individual
described in section 109(8) or 109(10) of this Act if a finding
is made by the Judicial Conference, in consultation with United
States Marshals Service, that revealing personal and sensitive
information could endanger that individual or a family member
of that individual.
(B) A report may be redacted pursuant to this paragraph
only--
(i) to the extent necessary to protect the individual
who filed the report or a family member of that
individual; and
(ii) for as long as the danger to such individual
exists.
(C) The Administrative Office of the United States Courts
shall submit to the Committees on the Judiciary of the House of
Representatives and of the Senate and the Senate Committee on
Homeland Security and Governmental Affairs and the House
Committee on Oversight and Government Reform an annual report
with respect to the operation of this paragraph including--
(i) the total number of reports redacted pursuant to
this paragraph;
(ii) the total number of individuals whose reports
have been redacted pursuant to this paragraph;
(iii) the types of threats against individuals whose
reports are redacted, if appropriate;
(iv) the nature or type of information redacted;
(v) what steps or procedures are in place to ensure
that sufficient information is available to litigants
to determine if there is a conflict of interest;
(vi) principles used to guide implementation of
redaction authority; and
(vii) any public complaints received relating to
redaction.
(D) The Judicial Conference, in consultation with the
Department of Justice, shall issue regulations setting forth
the circumstances under which redaction is appropriate under
this paragraph and the procedures for redaction.
(E) This paragraph shall expire on December 31, 2027, and
apply to filings through calendar year 2027.
(c)(1) It shall be unlawful for any person to obtain or use
a report--
(A) for any unlawful purpose;
(B) for any commercial purpose, other than by news
and communications media for dissemination to the
general public;
(C) for determining or establishing the credit rating
of any individual; or
(D) for use, directly or indirectly, in the
solicitation of money for any political, charitable, or
other purpose.
(2) The Attorney General may bring a civil action against
any person who obtains or uses a report for any purpose
prohibited in paragraph (1) of this subsection. The court in
which such action is brought may assess against such person a
penalty in any amount not to exceed $10,000. Such remedy shall
be in addition to any other remedy available under statutory or
common law.
(d)(1) Any report filed with or transmitted to an agency or
supervising ethics office or to the Clerk of the House of
Representatives or the Secretary of the Senate pursuant to this
title shall be retained by such agency or office or by the
Clerk of the House of Representatives or the Secretary of the
Senate, as the case may be.
(2) Such report shall be made available to the public--
(A) in the case of a Member of Congress until a date
that is 6 years from the date the individual ceases to
be a Member of Congress; and
(B) in the case of all other reports filed pursuant
to this title, for a period of 6 years after receipt of
the report.
(3) After the relevant time period identified under
paragraph (2), the report shall be destroyed unless needed in
an ongoing investigation, except that in the case of an
individual who filed the report pursuant to section 101(b) and
was not subsequently confirmed by the Senate, or who filed the
report pursuant to section 101(c) and was not subsequently
elected, such reports shall be destroyed 1 year after the
individual either is no longer under consideration by the
Senate or is no longer a candidate for nomination or election
to the Office of President, Vice President, or as a Member of
Congress, unless needed in an ongoing investigation or
inquiry.]
[Sec. 106. Review of reports
(a)(1) Each designated agency ethics official or Secretary
concerned shall make provisions to ensure that each report
filed with him under this title is reviewed within sixty days
after the date of such filing, except that the Director of the
Office of Government Ethics shall review only those reports
required to be transmitted to him under this title within sixty
days after the date of transmittal.
(2) Each congressional ethics committee and the Judicial
Conference shall make provisions to ensure that each report
filed under this title is reviewed within sixty days after the
date of such filing.
(b)(1) If after reviewing any report under subsection (a),
the Director of the Office of Government Ethics, the Secretary
concerned, the designated agency ethics official, a person
designated by the congressional ethics committee, or a person
designated by the Judicial Conference, as the case may be, is
of the opinion that on the basis of information contained in
such report the individual submitting such report is in
compliance with applicable laws and regulations, he shall state
such opinion on the report, and shall sign such report.
(2) If the Director of the Office of Government Ethics, the
Secretary concerned, the designated agency ethics official, a
person designated by the congressional ethics committee, or a
person designated by the Judicial Conference, after reviewing
any report under subsection (a)--
(A) believes additional information is required to be
submitted, he shall notify the individual submitting
such report what additional information is required and
the time by which it must be submitted, or
(B) is of the opinion, on the basis of information
submitted, that the individual is not in compliance
with applicable laws and regulations, he shall notify
the individual, afford a reasonable opportunity for a
written or oral response, and after consideration of
such response, reach an opinion as to whether or not,
on the basis of information submitted, the individual
is in compliance with such laws and regulations.
(3) If the Director of the Office of Government Ethics, the
Secretary concerned, the designated agency ethics official, a
person designated by a congressional ethics committee, or a
person designated by the Judicial Conference, reaches an
opinion under paragraph (2)(B) that an individual is not in
compliance with applicable laws and regulations, the official
or committee shall notify the individual of that opinion and,
after an opportunity for personal consultation (if
practicable), determine and notify the individual of which
steps, if any, would in the opinion of such official or
committee be appropriate for assuring compliance with such laws
and regulations and the date by which such steps should be
taken. Such steps may include, as appropriate--
(A) divestiture,
(B) restitution,
(C) the establishment of a blind trust,
(D) request for an exemption under section 208(b) of
title 18, United States Code, or
(E) voluntary request for transfer, reassignment,
limitation of duties, or resignation.
The use of any such steps shall be in accordance with such
rules or regulations as the supervising ethics office may
prescribe.
(4) If steps for assuring compliance with applicable laws
and regulations are not taken by the date set under paragraph
(3) by an individual in a position in the executive branch
(other than in the Foreign Service or the uniformed services),
appointment to which requires the advice and consent of the
Senate, the matter shall be referred to the President for
appropriate action.
(5) If steps for assuring compliance with applicable laws
and regulations are not taken by the date set under paragraph
(3) by a member of the Foreign Service or the uniformed
services, the Secretary concerned shall take appropriate
action.
(6) If steps for assuring compliance with applicable laws
and regulations are not taken by the date set under paragraph
(3) by any other officer or employee, the matter shall be
referred to the head of the appropriate agency, the
congressional ethics committee, or the Judicial Conference, for
appropriate action; except that in the case of the Postmaster
General or Deputy Postmaster General, the Director of the
Office of Government Ethics shall recommend to the Governors of
the Board of Governors of the United States Postal Service the
action to be taken.
(7) Each supervising ethics office may render advisory
opinions interpreting this title within its respective
jurisdiction. Notwithstanding any other provision of law, the
individual to whom a public advisory opinion is rendered in
accordance with this paragraph, and any other individual
covered by this title who is involved in a fact situation which
is indistinguishable in all material aspects, and who acts in
good faith in accordance with the provisions and findings of
such advisory opinion shall not, as a result of such act, be
subject to any penalty or sanction provided by this title.]
[Sec. 107. Confidential reports and other additional requirements
(a)(1) Each supervising ethics office may require officers
and employees under its jurisdiction (including special
Government employees as defined in section 202 of title 18,
United States Code) to file confidential financial disclosure
reports, in such form as the supervising ethics office may
prescribe. The information required to be reported under this
subsection by the officers and employees of any department or
agency shall be set forth in rules or regulations prescribed by
the supervising ethics office, and may be less extensive than
otherwise required by this title, or more extensive when
determined by the supervising ethics office to be necessary and
appropriate in light of sections 202 through 209 of title 18,
United States Code, regulations promulgated thereunder, or the
authorized activities of such officers or employees. Any
individual required to file a report pursuant to section 101
shall not be required to file a confidential report pursuant to
this subsection, except with respect to information which is
more extensive than information otherwise required by this
title. Subsections (a), (b), and (d) of section 105 shall not
apply with respect to any such report.
(2) Any information required to be provided by an
individual under this subsection shall be confidential and
shall not be disclosed to the public.
(3) Nothing in this subsection exempts any individual
otherwise covered by the requirement to file a public financial
disclosure report under this title from such requirement.
(b) The provisions of this title requiring the reporting of
information shall supersede any general requirement under any
other provision of law or regulation with respect to the
reporting of information required for purposes of preventing
conflicts of interest or apparent conflicts of interest. Such
provisions of this title shall not supersede the requirements
of section 7342 of title 5, United States Code.
(c) Nothing in this Act requiring reporting of information
shall be deemed to authorize the receipt of income, gifts, or
reimbursements; the holding of assets, liabilities, or
positions; or the participation in transactions that are
prohibited by law, Executive order, rule, or regulation.]
[Sec. 108. Authority of Comptroller General
(a) The Comptroller General shall have access to financial
disclosure reports filed under this title for the purposes of
carrying out his statutory responsibilities.
(b) No later than December 31, 1992, and regularly
thereafter, the Comptroller General shall conduct a study to
determine whether the provisions of this title are being
carried out effectively.]
[Sec. 109. Definitions
For the purposes of this title, the term--
(1) ``congressional ethics committees'' means the
Select Committee on Ethics of the Senate and the
Committee on Standards of Official Conduct of the House
of Representatives;
(2) ``dependent child'' means, when used with respect
to any reporting individual, any individual who is a
son, daughter, stepson, or stepdaughter and who--
(A) is unmarried and under age 21 and is
living in the household of such reporting
individual; or
(B) is a dependent of such reporting
individual within the meaning of section 152 of
the Internal Revenue Code of 1986 [26 U.S.C.
152];
(3) ``designated agency ethics official'' means an
officer or employee who is designated to administer the
provisions of this title within an agency;
(4) ``executive branch'' includes each Executive
agency (as defined in section 105 of title 5, United
States Code), other than the Government Accountability
Office, and any other entity or administrative unit in
the executive branch;
(5) ``gift'' means a payment, advance, forbearance,
rendering, or deposit of money, or any thing of value,
unless consideration of equal or greater value is
received by the donor, but does not include--
(A) bequest and other forms of inheritance;
(B) suitable mementos of a function honoring
the reporting individual;
(C) food, lodging, transportation, and
entertainment provided by a foreign government
within a foreign country or by the United
States Government, the District of Columbia, or
a State or local government or political
subdivision thereof;
(D) food and beverages which are not consumed
in connection with a gift of overnight lodging;
(E) communications to the offices of a
reporting individual, including subscriptions
to newspapers and periodicals; or
(F) consumable products provided by home-
State businesses to the offices of a reporting
individual who is an elected official, if those
products are intended for consumption by
persons other than such reporting individual;
(6) ``honoraria'' has the meaning given such term in
section 505 of this Act;
(7) ``income'' means all income from whatever source
derived, including but not limited to the following
items: compensation for services, including fees,
commissions, and similar items; gross income derived
from business (and net income if the individual elects
to include it); gains derived from dealings in
property; interest; rents; royalties; dividends;
annuities; income from life insurance and endowment
contracts; pensions; income from discharge of
indebtedness; distributive share of partnership income;
and income from an interest in an estate or trust;
(8) ``judicial employee'' means any employee of the
judicial branch of the Government, of the United States
Sentencing Commission, of the Tax Court, of the Court
of Federal Claims, of the Court of Appeals for Veterans
Claims, or of the United States Court of Appeals for
the Armed Forces, who is not a judicial officer and who
is authorized to perform adjudicatory functions with
respect to proceedings in the judicial branch, or who
occupies a position for which the rate of basic pay is
equal to or greater than 120 percent of the minimum
rate of basic pay payable for GS-15 of the General
Schedule;
(9) ``Judicial Conference'' means the Judicial
Conference of the United States;
(10) ``judicial officer'' means the Chief Justice of
the United States, the Associate Justices of the
Supreme Court, and the judges of the United States
courts of appeals, United States district courts,
including the district courts in Guam, the Northern
Mariana Islands, and the Virgin Islands, Court of
Appeals for the Federal Circuit, Court of International
Trade, Tax Court, Court of Federal Claims, Court of
Appeals for Veterans Claims, United States Court of
Appeals for the Armed Forces, and any court created by
Act of Congress, the judges of which are entitled to
hold office during good behavior;
(11) ``legislative branch'' includes--
(A) the Architect of the Capitol;
(B) the Botanic Gardens;
(C) the Congressional Budget Office;
(D) the Government Accountability Office;
(E) the Government Publishing Office;
(F) the Library of Congress;
(G) the United States Capitol Police;
(H) the Office of Technology Assessment; and
(I) any other agency, entity, office, or
commission established in the legislative
branch;
(12) ``Member of Congress'' means a United States
Senator, a Representative in Congress, a Delegate to
Congress, or the Resident Commissioner from Puerto
Rico;
(13) ``officer or employee of the Congress'' means--
(A) any individual described under
subparagraph (B), other than a Member of
Congress or the Vice President, whose
compensation is disbursed by the Secretary of
the Senate or the Chief Administrative Officer
of the House of Representatives;
(B)(i) each officer or employee of the
legislative branch (except any officer or
employee of the Government Accountability
Office) who, for at least 60 days, occupies a
position for which the rate of basic pay is
equal to or greater than 120 percent of the
minimum rate of basic pay payable for GS-15 of
the General Schedule;
(ii) each officer or employee of the
Government Accountability Office who, for at
least 60 consecutive days, occupies a position
for which the rate of basic pay, minus the
amount of locality pay that would have been
authorized under section 5304 of title 5,
United States Code (had the officer or employee
been paid under the General Schedule) for the
locality within which the position of such
officer or employee is located (as determined
by the Comptroller General), is equal to or
greater than 120 percent of the minimum rate of
basic pay payable for GS-15 of the General
Schedule; and (iii) at least one principal
assistant designated for purposes of this
paragraph by each Member who does not have an
employee who occupies a position for which the
rate of basic pay is equal to or greater than
120 percent of the minimum rate of basic pay
payable for GS-15 of the General Schedule;
(14) ``personal hospitality of any individual'' means
hospitality extended for a nonbusiness purpose by an
individual, not a corporation or organization, at the
personal residence of that individual or his family or
on property or facilities owned by that individual or
his family;
(15) ``reimbursement'' means any payment or other
thing of value received by the reporting individual,
other than gifts, to cover travel-related expenses of
such individual other than those which are--
(A) provided by the United States Government,
the District of Columbia, or a State or local
government or political subdivision thereof;
(B) required to be reported by the reporting
individual under section 7342 of title 5,
United States Code; or
(C) required to be reported under section 304
of the Federal Election Campaign Act of 1971 (2
U.S.C. 434) [now 52 U.S.C. 30104];
(16) ``relative'' means an individual who is related
to the reporting individual, as father, mother, son,
daughter, brother, sister, uncle, aunt, great aunt,
great uncle, first cousin, nephew, niece, husband,
wife, grandfather, grandmother, grandson,
granddaughter, father-in-law, mother-in-law, son-in-
law, daughter-in-law, brother-in-law, sister-in-law,
stepfather, stepmother, stepson, stepdaughter,
stepbrother, stepsister, half brother, half sister, or
who is the grandfather or grandmother of the spouse of
the reporting individual, and shall be deemed to
include the fiance or fiancee of the reporting
individual;
(17) ``Secretary concerned'' has the meaning set
forth in section 101(a)(9) of title 10, United States
Code, and, in addition, means--
(A) the Secretary of Commerce, with respect
to matters concerning the National Oceanic and
Atmospheric Administration;
(B) the Secretary of Health and Human
Services, with respect to matters concerning
the Public Health Service; and
(C) the Secretary of State, with respect to
matters concerning the Foreign Service;
(18) ``supervising ethics office'' means--
(A) the Select Committee on Ethics of the
Senate, for Senators, officers and employees of
the Senate, and other officers or employees of
the legislative branch required to file
financial disclosure reports with the Secretary
of the Senate pursuant to section 103(h) of
this title;
(B) the Committee on Standards of Official
Conduct of the House of Representatives, for
Members, officers and employees of the House of
Representatives and other officers or employees
of the legislative branch required to file
financial disclosure reports with the Clerk of
the House of Representatives pursuant to
section 103(h) of this title;
(C) the Judicial Conference for judicial
officers and judicial employees; and
(D) the Office of Government Ethics for all
executive branch officers and employees; and
(19) ``value'' means a good faith estimate of the
dollar value if the exact value is neither known nor
easily obtainable by the reporting individual.]
[Sec. 110. Notice of actions taken to comply with ethics agreements
(a) In any case in which an individual agrees with that
individual's designated agency ethics official, the Office of
Government Ethics, a Senate confirmation committee, a
congressional ethics committee, or the Judicial Conference, to
take any action to comply with this Act or any other law or
regulation governing conflicts of interest of, or establishing
standards of conduct applicable with respect to, officers or
employees of the Government, that individual shall notify in
writing the designated agency ethics official, the Office of
Government Ethics, the appropriate committee of the Senate, the
congressional ethics committee, or the Judicial Conference, as
the case may be, of any action taken by the individual pursuant
to that agreement. Such notification shall be made not later
than the date specified in the agreement by which action by the
individual must be taken, or not later than three months after
the date of the agreement, if no date for action is so
specified.
(b) If an agreement described in subsection (a) requires
that the individual recuse himself or herself from particular
categories of agency or other official action, the individual
shall reduce to writing those subjects regarding which the
recusal agreement will apply and the process by which it will
be determined whether the individual must recuse himself or
herself in a specific instance. An individual shall be
considered to have complied with the requirements of subsection
(a) with respect to such recusal agreement if such individual
files a copy of the document setting forth the information
described in the preceding sentence with such individual's
designated agency ethics official or the appropriate
supervising ethics office within the time prescribed in the
last sentence of subsection (a).]
[Sec. 111. Administration of provisions
The provisions of this title shall be administered by--
(1) the Director of the Office of Government Ethics,
the designated agency ethics official, or the Secretary
concerned, as appropriate, with regard to officers and
employees described in paragraphs (1) through (8) of
section 101(f);
(2) the Select Committee on Ethics of the Senate and
the Committee on Standards of Official Conduct of the
House of Representatives, as appropriate, with regard
to officers and employees described in paragraphs (9)
and (10) of section 101(f); and
(3) the Judicial Conference in the case of an officer
or employee described in paragraphs (11) and (12) of
section 101(f).
The Judicial Conference may delegate any authority it has
under this title to an ethics committee established by the
Judicial Conference.]
* * * * * * *
TITLE IV--OFFICE OF GOVERNMENT ETHICS
[Sec. 401. Establishment; appointment of Director
(a) There is established an executive agency to be known as
the Office of Government Ethics.
(b) There shall be at the head of the Office of Government
Ethics a Director (hereinafter referred to as the
``Director''), who shall be appointed by the President, by and
with the advice and consent of the Senate. Effective with
respect to any individual appointed or reappointed by the
President as Director on or after October 1, 1983, the term of
service of the Director shall be five years.
(c) The Director may--
(1) appoint officers and employees, including
attorneys, in accordance with chapter 51 and subchapter
III of chapter 53 of title 5, United States Code; and
(2) contract for financial and administrative
services (including those related to budget and
accounting, financial reporting, personnel, and
procurement) with the General Services Administration,
or such other Federal agency as the Director determines
appropriate, for which payment shall be made in
advance, or by reimbursement, from funds of the Office
of Government Ethics in such amounts as may be agreed
upon by the Director and the head of the agency
providing such services.
Contract authority under paragraph (2) shall be effective
for any fiscal year only to the extent that appropriations are
available for that purpose.]
[Sec. 402. Authority and functions
(a) The Director shall provide, in consultation with the
Office of Personnel Management, overall direction of executive
branch policies related to preventing conflicts of interest on
the part of officers and employees of any executive agency, as
defined in section 105 of title 5, United States Code.
(b) The responsibilities of the Director shall include--
(1) developing, in consultation with the Attorney
General and the Office of Personnel Management, rules
and regulations to be promulgated by the President or
the Director pertaining to conflicts of interest and
ethics in the executive branch, including rules and
regulations establishing procedures for the filing,
review, and public availability of financial statements
filed by officers and employees in the executive branch
as required by title II of this Act;
(2) developing, in consultation with the Attorney
General and the Office of Personnel Management, rules
and regulations to be promulgated by the President or
the Director pertaining to the identification and
resolution of conflicts of interest;
(3) monitoring and investigating compliance with the
public financial disclosure requirements of title II of
this Act by officers and employees of the executive
branch and executive agency officials responsible for
receiving, reviewing, and making available financial
statements filed pursuant to such title;
(4) conducting a review of financial statements to
determine whether such statements reveal possible
violations of applicable conflict of interest laws or
regulations and recommending appropriate action to
correct any conflict of interest or ethical problems
revealed by such review;
(5) monitoring and investigating individual and
agency compliance with any additional financial
reporting and internal review requirements established
by law for the executive branch;
(6) interpreting rules and regulations issued by the
President or the Director governing conflict of
interest and ethical problems and the filing of
financial statements;
(7) consulting, when requested, with agency ethics
counselors and other responsible officials regarding
the resolution of conflict of interest problems in
individual cases;
(8) establishing a formal advisory opinion service
whereby advisory opinions are rendered on matters of
general applicability or on important matters of first
impression after, to the extent practicable, providing
interested parties with an opportunity to transmit
written comments with respect to the request for such
advisory opinion, and whereby such advisory opinions
are compiled, published, and made available to agency
ethics counselors and the public;
(9) ordering corrective action on the part of
agencies and employees which the Director deems
necessary;
(10) requiring such reports from executive agencies
as the Director deems necessary;
(11) assisting the Attorney General in evaluating the
effectiveness of the conflict of interest laws and in
recommending appropriate amendments;
(12) evaluating, with the assistance of the Attorney
General and the Office of Personnel Management, the
need for changes in rules and regulations issued by the
Director and the agencies regarding conflict of
interest and ethical problems, with a view toward
making such rules and regulations consistent with and
an effective supplement to the conflict of interest
laws;
(13) cooperating with the Attorney General in
developing an effective system for reporting
allegations of violations of the conflict of interest
laws to the Attorney General, as required by section
535 of title 28, United States Code;
(14) providing information on and promoting
understanding of ethical standards in executive
agencies; and
(15) developing, in consultation with the Office of
Personnel Management, and promulgating such rules and
regulations as the Director determines necessary or
desirable with respect to the evaluation of any item
required to be reported by title II of this Act.
(c) In the development of policies, rules, regulations,
procedures, and forms to be recommended, authorized, or
prescribed by him, the Director shall consult when appropriate
with the executive agencies affected and with the Attorney
General.
(d)(1) The Director shall, by the exercise of any authority
otherwise available to the Director under this title, ensure
that each executive agency has established written procedures
relating to how the agency is to collect, review, evaluate,
and, if applicable, make publicly available, financial
disclosure statements filed by any of its officers or
employees.
(2) In carrying out paragraph (1), the Director shall
ensure that each agency's procedures are in conformance with
all applicable requirements, whether established by law, rule,
regulation, or Executive order.
(e) In carrying out subsection (b)(10), the Director shall
prescribe regulations under which--
(1) each executive agency shall be required to submit
to the Office an annual report containing--
(A) a description and evaluation of the
agency's ethics program, including any
educational, counseling, or other services
provided to officers and employees, in effect
during the period covered by the report; and
(B) the position title and duties of--
(i) each official who was designated
by the agency head to have primary
responsibility for the administration,
coordination, and management of the
agency's ethics program during any
portion of the period covered by the
report; and
(ii) each officer or employee who was
designated to serve as an alternate to
the official having primary
responsibility during any portion of
such period; and
(C) any other information that the Director
may require in order to carry out the
responsibilities of the Director under this
title; and (2) each executive agency shall be
required to inform the Director upon referral
of any alleged violation of Federal conflict of
interest law to the Attorney General pursuant
to section 535 of title 28, United States Code,
except that nothing under this paragraph shall
require any notification or disclosure which
would otherwise be prohibited by law.
(f)(1) In carrying out subsection (b)(9) with respect to
executive agencies, the Director--
(A) may--
(i) order specific corrective action on the
part of an agency based on the failure of such
agency to establish a system for the
collection, filing, review, and, when
applicable, public inspection of financial
disclosure statements, in accordance with
applicable requirements, or to modify an
existing system in order to meet applicable
requirements; or
(ii) order specific corrective action
involving the establishment or modification of
an agency ethics program (other than with
respect to any matter under clause (i)) in
accordance with applicable requirements; and
(B) shall, if an agency has not complied with an
order under subparagraph (A) within a reasonable period
of time, notify the President and the Congress of the
agency's noncompliance in writing (including, with the
notification, any written comments which the agency may
provide).
(2)(A) In carrying out subsection (b)(9) with respect to
individual officers and employees--
(i) the Director may make such recommendations and
provide such advice to such officers and employees as
the Director considers necessary to ensure compliance
with rules, regulations, and Executive orders relating
to conflicts of interest or standards of conduct;
(ii) if the Director has reason to
believe that an officer or employee is
violating, or has violated, any rule,
regulation, or Executive order relating
to conflicts of interest or standards
of conduct, the Director--
(I) may recommend to the head
of the officer's or employee's
agency that such agency head
investigate the possible
violation and, if the agency
head finds such a violation,
that such agency head take any
appropriate disciplinary action
(such as reprimand, suspension,
demotion, or dismissal) against
the officer or employee, except
that, if the officer or
employee involved is the agency
head, any such recommendation
shall instead be submitted to
the President; and
(II) shall notify the
President in writing if the
Director determines that the
head of an agency has not
conducted an investigation
pursuant to subclause (I)
within a reasonable time after
the Director recommends such
action;
(iii) if the Director finds that an
officer or employee is violating any
rule, regulation, or Executive order
relating to conflicts of interest or
standards of conduct, the Director--
(I) may order the officer or
employee to take specific
action (such as divestiture,
recusal, or the establishment
of a blind trust) to end such
violation; and
(II) shall, if the officer or
employee has not complied with
the order under subclause (I)
within a reasonable period of
time, notify, in writing, the
head of the officer's or
employee's agency of the
officer's or employee's
noncompliance, except that, if
the officer or employee
involved is the agency head,
the notification shall instead
be submitted to the President;
and
(iv) if the Director finds that an
officer or employee is violating, or
has violated, any rule, regulation, or
Executive order relating to conflicts
of interest or standards of conduct,
the Director--
(I) may recommend to the head
of the officer's or employee's
agency that appropriate
disciplinary action (such as
reprimand, suspension,
demotion, or dismissal) be
brought against the officer or
employee, except that if the
officer or employee involved is
the agency head, any such
recommendations shall instead
be submitted to the President;
and
(II) may notify the President
in writing if the Director
determines that the head of an
agency has not taken
appropriate disciplinary action
within a reasonable period of
time after the Director
recommends such action.
(B)(i) In order to carry out the Director's
duties and responsibilities under subparagraph
(A)(iii) or (iv) with respect to individual
officers and employees, the Director may
conduct investigations and make findings
concerning possible violations of any rule,
regulation, or Executive order relating to
conflicts of interest or standards of conduct
applicable to officers and employees of the
executive branch.
(ii)(I) Subject to clause (iv) of this
subparagraph, before any finding is made under
subparagraphs (A)(iii) or (iv), the officer or
employee involved shall be afforded
notification of the alleged violation, and an
opportunity to comment, either orally or in
writing, on the alleged violation.
(II) The Director shall, in accordance with
section 553 of title 5, United States Code,
establish procedures for such notification and
comment.
(iii) Subject to clause (iv) of this
subparagraph, before any action is ordered
under subparagraph (A)(iii), the officer or
employee involved shall be afforded an
opportunity for a hearing, if requested by such
officer or employee, except that any such
hearing shall be conducted on the record.
(iv) The procedures described in clauses (ii)
and (iii) of this subparagraph do not apply to
findings or orders for action made to obtain
compliance with the financial disclosure
requirements in title 2\1\ of this Act. For
those findings and orders, the procedures in
section 206 of this Act shall apply.
(3) The Director shall send a copy of any order under
paragraph (2)(A)(iii) to--
(A) the officer or employee who is the
subject of such order; and
(B) the head of officer's or employee's
agency or, if such officer or employee is the
agency head, to the President.
(4) For purposes of paragraphs (2)(A)(ii), (iii),
(iv), and (3)(B), in the case of an officer or employee
within an agency which is headed by a board, committee,
or other group of individuals (rather than by a single
individual), any notification, recommendation, or other
matter which would otherwise be sent to an agency head
shall instead be sent to the officer's or employee's
appointing authority.
(5) Nothing in this title shall be considered to
allow the Director (or any designee) to make any
finding that a provision of title 18, United States
Code, or any criminal law of the United States outside
of such title, has been or is being violated.
(6) Notwithstanding any other provision of law, no
record developed pursuant to the authority of this
section concerning an investigation of an individual
for a violation of any rule, regulation, or Executive
order relating to a conflict of interest shall be made
available pursuant to section 552(a)(3) of title 5,
United States Code, unless the request for such
information identifies the individual to whom such
records relate and the subject matter of any alleged
violation to which such records relate, except that
nothing in this subsection shall affect the application
of the provisions of section 552(b) of title 5, United
States Code, to any record so identified.]
[Sec. 403. Administrative provisions
(a) Upon the request of the Director, each executive agency
is directed to--
(1) make its services, personnel, and facilities
available to the Director to the greatest practicable
extent for the performance of functions under this Act;
and
(2) except when prohibited by law, furnish to the
Director all information and records in its possession
which the Director may determine to be necessary for
the performance of his duties.
The authority of the Director under this section includes
the authority to request assistance from the inspector general
of an agency in conducting investigations pursuant to the
Office of Government Ethics responsibilities under this Act.
The head of any agency may detail such personnel and furnish
such services, with or without reimbursement, as the Director
may request to carry out the provisions of this Act\1\
(b)(1) The Director is authorized to accept and utilize on
behalf of the United States, any gift, donation, bequest, or
devise of money, use of facilities, personal property, or
services for the purpose of aiding or facilitating the work of
the Office of Government Ethics.
(2) No gift may be accepted--
(A) that attaches conditions inconsistent with
applicable laws or regulations; or
(B) that is conditioned upon or will require the
expenditure of appropriated funds that are not
available to the Office of Government Ethics.
(3) The Director shall establish written rules setting
forth the criteria to be used in determining whether the
acceptance of contributions of money, services, use of
facilities, or personal property under this subsection would
reflect unfavorably upon the ability of the Office of
Government Ethics, or any employee of such Office, to carry out
its responsibilities or official duties in a fair and objective
manner, or would compromise the integrity or the appearance of
the integrity of its programs or any official involved in those
programs.]
[Sec. 404. Rules and regulations
In promulgating rules and regulations pertaining to
financial disclosure, conflict of interest, and ethics in the
executive branch, the Director shall issue rules and
regulations in accordance with chapter 5 of title 5, United
States Code. Any person may seek judicial review of any such
rule or regulation.]
[Sec. 405. Authorization of appropriations
There are authorized to be appropriated to carry out this
title such sums as may be necessary for fiscal year 2007]
* * * * * * *
[Sec. 408. Reports to Congress
The Director shall, no later than April 30 of each year in
which the second session of a Congress begins, submit to the
Congress a report containing--
(1) a summary of the actions taken by the Director
during a 2-year period ending on December 31 of the
preceding year in order to carry out the Director's
functions and responsibilities under this title; and
(2) such other information as the Director may
consider appropriate.]
TITLE V--GOVERNMENT-WIDE LIMITATIONS ON OUTSIDE EARNED INCOME AND
EMPLOYMENT
[Sec. 501. Outside earned income limitation
(a) Outside Earned Income Limitation.--
(1) Except as provided by paragraph (2), a Member or
an officer or employee who is a noncareer officer or
employee and who occupies a position classified above
GS-15 of the General Schedule or, in the case of
positions not under the General Schedule, for which the
rate of basic pay is equal to or greater than 120
percent of the minimum rate of basic pay payable for
GS-15 of the General Schedule, may not in any calendar
year have outside earned income attributable to such
calendar year which exceeds 15 percent of the annual
rate of basic pay for level II of the Executive
Schedule under section 5313 of title 5, United States
Code, as of January 1 of such calendar year.
(2) In the case of any individual who during a
calendar year becomes a Member or an officer or
employee who is a noncareer officer or employee and who
occupies a position classified above GS-15 of the
General Schedule or, in the case of positions not under
the General Schedule, for which the rate of basic pay
is equal to or greater than 120 percent of the minimum
rate of basic pay payable for GS-15 of the General
Schedule, such individual may not have outside earned
income attributable to the portion of that calendar
year which occurs after such individual becomes a
Member or such an officer or employee which exceeds 15
percent of the annual rate of basic pay for level II of
the Executive Schedule under section 5313 of title 5,
United States Code, as of January 1 of such calendar
year multiplied by a fraction the numerator of which is
the number of days such individual is a Member or such
officer or employee during such calendar year and the
denominator of which is 365.
(b) Honoraria Prohibition.--An individual may not receive
any honorarium while that individual is a Member, officer or
employee.
(c) Treatment of Charitable Contributions.--Any honorarium
which, except for subsection (b), might be paid to a Member,
officer or employee, but which is paid instead on behalf of
such Member, officer or employee to a charitable organization,
shall be deemed not to be received by such Member, officer or
employee. No such payment shall exceed $2,000 or be made to a
charitable organization from which such individual or a parent,
sibling, spouse, child, or dependent relative of such
individual derives any financial benefit.]
[Sec. 502. Limitations on outside employment
(a) Limitations.--A Member or an officer or employee who is
a noncareer officer or employee and who occupies a position
classified above GS-15 of the General Schedule or, in the case
of positions not under the General Schedule, for which the rate
of basic pay is equal to or greater than 120 percent of the
minimum rate of basic pay payable for GS-15 of the General
Schedule shall not--
(1) receive compensation for affiliating with or
being employed by a firm, partnership, association,
corporation, or other entity which provides
professional services involving a fiduciary
relationship;
(2) permit that Member's, officer's, or employee's
name to be used by any such firm, partnership,
association, corporation, or other entity;
(3) receive compensation for practicing a profession
which involves a fiduciary relationship;
(4) serve for compensation as an officer or member of
the board of any association, corporation, or other
entity; or
(5) receive compensation for teaching, without the
prior notification and approval of the appropriate
entity referred to in section 503.
(b) Teaching Compensation of Justices and Judges Retired
From Regular Active Service.--For purposes of the limitation
under section 501(a), any compensation for teaching approved
under subsection (a)(5) of this section shall not be treated as
outside earned income--
(1) when received by a justice of the United States
retired from regular active service under section
371(b) of title 28, United States Code;
(2) when received by a judge of the United States
retired from regular active service under section
371(b) of title 28, United States Code, for teaching
performed during any calendar year for which such judge
has met the requirements of subsection (f) of section
371 of title 28, United States Code, as certified in
accordance with such subsection; or
(3) when received by a justice or judge of the United
States retired from regular active service under
section 372(a) of title 28, United States Code.]
[Sec. 503. Administration
This title shall be subject to the rules and regulations
of--
(1) and administered by--
(A) the Committee on Standards of Official
Conduct of the House of Representatives, with
respect to Members, officers, and employees of
the House of Representatives; and
(B) in the case of Senators and legislative
branch officers and employees other than those
officers and employees specified in
subparagraph (A), the committee to which
reports filed by such officers and employees
under title I are transmitted under such title,
except that the authority of this section may
be delegated by such committee with respect to
such officers and employees;
(2) the Office of Government Ethics and administered
by designated agency ethics officials with respect to
officers and employees of the executive branch; and
(3) and administered by the Judicial Conference of
the United States (or such other agency as it may
designate) with respect to officers and employees of
the judicial branch.]
[Sec. 504. Civil Penalties
(a) Civil Action.--The Attorney General may bring a civil
action in any appropriate United States district court against
any individual who violates any provision of section 501 or
502. The court in which such action is brought may assess
against such individual a civil penalty of not more than
$10,000 or the amount of compensation, if any, which the
individual received for the prohibited conduct, whichever is
greater.
(b) Advisory Opinions.--Any entity described in section 503
may render advisory opinions interpreting this title, in
writing, to individuals covered by this title. Any individual
to whom such an advisory opinion is rendered and any other
individual covered by this title who is involved in a fact
situation which is indistinguishable in all material aspects,
and who, after the issuance of such advisory opinion, acts in
good faith in accordance with its provisions and findings shall
not, as a result of such actions, be subject to any sanction
under subsection (a).]
[Sec. 505. Definitions
For purposes of this title:
(1) The term ``Member'' means a Senator in, a
Representative in, or a Delegate or Resident
Commissioner to, the Congress.
(2) The term ``officer or employee'' means any
officer or employee of the Government except any
special Government employee (as defined in section 202
of title 18, United States Code).
(3) The term ``honorarium'' means a payment of money
or any thing of value for an appearance, speech or
article (including a series of appearances, speeches,
or articles if the subject matter is directly related
to the individual's official duties or the payment is
made because of the individual's status with the
Government) by a Member, officer or employee, excluding
any actual and necessary travel expenses incurred by
such individual (and one relative) to the extent that
such expenses are paid or reimbursed by any other
person, and the amount otherwise determined shall be
reduced by the amount of any such expenses to the
extent that such expenses are not paid or reimbursed.
(4) The term ``travel expenses'' means, with respect
to a Member, officer or employee, or a relative of any
such individual, the cost of transportation, and the
cost of lodging and meals while away from his or her
residence or principal place of employment.
(5) The term ``charitable organization'' means an
organization described in section 170(c) of the
Internal Revenue Code of 1986.]
INSPECTOR GENERAL REFORM ACT OF 2008
* * * * * * *
SEC. 4. PAY OF INSPECTORS GENERAL
(a) Inspectors General at Level III of Executive
Schedule.--
* * * * * * *
[(3) Applicability to other inspectors general.--
(A) In general.--Notwithstanding any other
provision of law, the annual rate of basic pay
of the Inspector General of the Intelligence
Community, the Inspector General of the Central
Intelligence Agency, the Special Inspector
General for Iraq Reconstruction, and the
Special Inspector General for Afghanistan
Reconstruction shall be that of an Inspector
General as defined under section 12(3) of the
Inspector General Act of 1978 (5 U.S.C. App.)
(as amended by section 7(a) of this Act).
(B) Prohibition of cash bonus or awards.--Section
3(f) of the Inspector General Act of 1978 (5 U.S.C.
App.) (as amended by section 5 of this Act) shall apply
to the Inspectors General described under subparagraph
(A).]
* * * * * * *
[(b) Inspectors General of Designated Federal Entities.--
(1) In general.--Notwithstanding any other provision
of law, the Inspector General of each designated
Federal entity (as those terms are defined under
section 8G of the Inspector General Act of 1978 (5
U.S.C. App.)) shall, for pay and all other purposes, be
classified at a grade, level, or rank designation, as
the case may be, at or above those of a majority of the
senior level executives of that designated Federal
entity (such as a General Counsel, Chief Information
Officer, Chief Financial Officer, Chief Human Capital
Officer, or Chief Acquisition Officer). The pay of an
Inspector General of a designated Federal entity (as
those terms are defined under section 8G of the
Inspector General Act of 1978 (5 U.S.C. App.)) shall be
not less than the average total compensation (including
bonuses) of the senior level executives of that
designated Federal entity calculated on an annual
basis.
(2) Limitation on adjustment.--
(A) In general.--In the case of an Inspector
General of a designated Federal entity whose
pay is adjusted under paragraph (1), the total
increase in pay in any fiscal year resulting
from that adjustment may not exceed 25 percent
of the average total compensation (including
bonuses) of the Inspector General of that
entity for the preceding 3 fiscal years.
(B) Sunset of limitation.--The limitation
under subparagraph (A) shall not apply to any
adjustment made in fiscal year 2013 or each
fiscal year thereafter.]
[(c) Savings Provision for Newly Appointed Inspectors
General.--
(1) In general.--The provisions of section 3392 of
title 5, United States Code, other than the terms
`performance awards' and `awarding of ranks' in
subsection (c)(1) of such section, shall apply to
career appointees of the Senior Executive Service who
are appointed to the position of Inspector General.
(2) Nonreduction in pay.--Notwithstanding any other
provision of law, career Federal employees serving on
an appointment made pursuant to statutory authority
found other than in section 3392 of title 5, United
States Code, shall not suffer a reduction in pay, not
including any bonus or performance award, as a result
of being appointed to the position of Inspector
General.]