[Congressional Record Volume 167, Number 207 (Wednesday, December 1, 2021)]
[House]
[Pages H6770-H6817]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MAKING REVISIONS IN TITLE 5, UNITED STATES CODE AND MAKING TECHNICAL
AMENDMENTS TO IMPROVE THE UNITED STATES CODE
Mr. NADLER. Mr. Speaker, I move to suspend the rules and pass 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.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5961
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
Sec. 2. Purposes; restatement does not change meaning or effect of
existing law.
Sec. 3. Revision of title 5, United States Code.
Sec. 4. Technical amendments.
Sec. 5. Transitional and savings provisions.
Sec. 6. Effect of references to title 5 on application of ethics
provisions.
Sec. 7. Repeals.
SEC. 2. PURPOSES; RESTATEMENT DOES NOT CHANGE MEANING OR
EFFECT OF EXISTING LAW.
(a) Purposes.--The purposes of this Act are--
(1) to make revisions in title 5, United States Code, as
necessary to keep the title current; and
(2) to make technical amendments to improve the United
States Code.
(b) Restatement Does Not Change Meaning or Effect of
Existing Law.--
(1) In general.--The restatement of existing law enacted by
this Act does not change the meaning or effect of the
existing law. The restatement incorporates in title 5, United
States Code, various provisions that were enacted separately
over a period of years, reorganizing them, conforming style
and terminology, modernizing obsolete language, and
correcting drafting errors. These changes serve to remove
ambiguities, contradictions, and other imperfections, but
they do not change the meaning or effect of the existing law
or impair the precedential value of earlier judicial
decisions or other interpretations.
(2) Rule of construction.--
(A) In general.--Notwithstanding the plain meaning rule or
other rules of statutory construction, a change in wording
made in the restatement of existing law enacted by this Act
serves to clarify the existing law as indicated in paragraph
(1), but not to change the meaning or effect of the existing
law.
(B) Revision notes.--Subparagraph (A) applies whether or
not a change in wording is explained by a revision note
appearing in a congressional report accompanying this Act. If
such a revision note does appear, a court shall consider the
revision note in interpreting the change.
SEC. 3. REVISION OF TITLE 5, UNITED STATES CODE.
(a) Enactment of Chapter 10.--Part I of title 5, United
States Code, is amended by inserting after chapter 9 the
following:
``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.
[[Page H6771]]
``(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
[[Page H6772]]
``(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
[[Page H6773]]
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.''.
(b) Enactment of Chapter 4.--Part I of title 5, United
States Code, as amended by subsection (a), is amended by
inserting after chapter 3 the following:
``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
[[Page H6774]]
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--
[[Page H6775]]
``(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
[[Page H6776]]
``(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
[[Page H6777]]
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
[[Page H6778]]
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)(C) 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.--
[[Page H6779]]
``(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
[[Page H6780]]
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.--
[[Page H6781]]
``(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);
[[Page H6782]]
``(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
(c) 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
[[Page H6783]]
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.
[[Page H6784]]
``(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
[[Page H6785]]
``(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) Ccompetitive 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
[[Page H6786]]
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
[[Page H6787]]
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;
[[Page H6788]]
``(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;
[[Page H6789]]
``(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.''.
(c) Enactment of Part IV, Chapter 131.--Title 5, United
States Code, is amended by inserting after part III the
following:
``PART IV--ETHICS REQUIREMENTS
``CHAPTER 131--ETHICS IN GOVERNMENT
``subchapter i--financial disclosure requirements of federal personnel
``Sec.
[[Page H6790]]
``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.
================
``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.
================
``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;
[[Page H6791]]
``(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
[[Page H6792]]
``(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.
[[Page H6793]]
``(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;
``(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)
[[Page H6794]]
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.
[[Page H6795]]
``(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
[[Page H6796]]
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
[[Page H6797]]
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 concerned 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.
[[Page H6798]]
``(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.--
[[Page H6799]]
``(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:
[[Page H6800]]
``(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.''.
SEC. 4. TECHNICAL AMENDMENTS.
(a) Amendments To Update References to Federal Advisory
Committee Act.--
(1) Section 204(b) (matter before paragraph (1)) of the
Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1534(b)
(matter before paragraph (1)) is amended by striking ``The
Federal Advisory Committee Act (5 U.S.C. App.)'' and
inserting ``Chapter 10 of title 5, United States Code,''.
(2) Section 3(8)(B)(vi) of the Lobbying Disclosure Act of
1995 (2 U.S.C. 1602(8)(B)(vi)) is amended by striking ``the
Federal Advisory Committee Act;'' and inserting ``chapter 10
of title 5, United States Code;''.
(3) Section 411(c)(1)(B) of title 3, United States Code, is
amended by striking ``section 3(2) of the Federal Advisory
Committee Act;'' and inserting ``section 1001 of title 5;''.
(4) Section 2(6) of the Negotiated Rulemaking Act of 1990
(Public Law 101-648, 5 U.S.C. 561 note) is amended by
striking ``the Federal Advisory Committee Act (5 U.S.C.
App.).'' and inserting ``chapter 10 of title 5, United States
Code.''.
(5) Section 562(7) of title 5, United States Code, is
amended by striking ``the Federal Advisory Committee Act''
and inserting ``chapter 10 of this title''.
(6) Section 11(e)(1) of the Administrative Dispute
Resolution Act of 1996 (Public Law 104-320, 5 U.S.C. 563
note) is amended by striking ``section 9 of the Federal
Advisory Committee Act (5 U.S.C. App.)'' and inserting
``section 1008 of title 5, United States Code,''.
(7) Section 565(a)(1) of title 5, United States Code, is
amended by striking ``the Federal Advisory Committee Act''
and inserting ``chapter 10 of this title''.
(8) Section 566 of title 5, United State Code, is amended--
(A) in subsection (c), by striking ``section 10(e) of the
Federal Advisory Committee Act,'' and inserting ``section
1009(e) of this title,'';
(B) in subsection (d)(3), by striking ``section 10(b) and
(c) of the Federal Advisory Committee Act,'' and inserting
``section 1009(b) and (c) of this title,''; and
(C) in subsection (g), by striking ``section 10(b) and (c)
of the Federal Advisory Committee Act.'' and inserting
``section 1009(b) and (c) of this title.''.
(9) Section 568(c) (matter before paragraph (1)) of title
5, United States Code, is amended by striking ``section 7(d)
of the Federal Advisory Committee Act,'' and inserting
``section 1006(d) of this title,''.
[[Page H6801]]
(10) Section 8473(f) of title 5, United States Code, is
amended by striking ``Section 14(a)(2) of the Federal
Advisory Committee Act'' and inserting ``Section 1013(a) of
this title''.
(11) Section 606 of the Intelligence Authorization Act for
Fiscal Year 2003 (Public Law 107-306, 6 U.S.C. 101 note) is
amended--
(A) in the section heading, by striking ``FEDERAL ADVISORY
COMMITTEE ACT'' and inserting ``CHAPTER 10 OF TITLE 5, UNITED
STATES CODE''; and
(B) in subsection (a), by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of
title 5, United States Code,''.
(12) Section 210D(h) of the Homeland Security Act of 2002
(6 U.S.C. 124k(h)) is amended--
(A) in the subsection heading, by striking ``the Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5, United States Code''; and
(B) in section text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of
title 5, United States Code,''.
(13) Section 232(b)(2) of the Homeland Security Act of 2002
(6 U.S.C. 162(b)(2)) is amended by striking ``the Federal
Advisory Committee Act (5 U.S.C. App.))'' and inserting
``chapter 10 of title 5, United States Code)''.
(14) Section 311(i) of the Homeland Security Act of 2002 (6
U.S.C. 191(i)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act Exemption'' and inserting ``Exemption
From Chapter 10 of Title 5, United States Code''; and
(B) in text, by striking ``Section 14 of the Federal
Advisory Committee Act'' and inserting ``Section 1013 of
title 5, United States Code,''.
(15) Section 508(e) of the Homeland Security Act of 2002 (6
U.S.C. 318(e)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5, United States Code'';
(B) in paragraph (1), by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.), including subsections (a),
(b), and (d) of section 10 of such Act,'' and inserting
``chapter 10 of title 5, United States Code, including
subsections (a), (b), and (d) of section 1009 of title 5,
United States Code,''; and
(C) in paragraph (2), by striking ``Section 14(a)(2) of the
Federal Advisory Committee Act (5 U.S.C. App.)'' and
inserting ``Section 1013(a)(2) of title 5, United States
Code,''.
(16) Section 871(a) of the Homeland Security Act of 2002 (6
U.S.C. 451(a)) is amended by striking ``Public Law 92-463,''
and inserting ``chapter 10 of title 5, United States Code,''.
(17) Section 1016(g)(4) of the National Security
Intelligence Reform Act of 2004 (6 U.S.C. 485(g)(4)) is
amended--
(A) in the paragraph heading, by striking ``federal
advisory committee act'' and inserting ``chapter 10 of title
5, united states code''; and
(B) in text, by striking ``the Federal Advisory Committee
Act (5 U.S.C. App.).'' and inserting ``chapter 10 of title 5,
United States Code.''.
(18) Section 2224(b) of the Homeland Security Act of 2002
(6 U.S.C. 673(b)) is amended by striking ``the Federal
Advisory Committee Act (5 U.S.C. App. 2).'' and inserting
``chapter 10 of title 5, United States Code.''.
(19) Section 2(a)(15)(E) of the Commodity Exchange Act (7
U.S.C. 2(a)(15)(E)) is amended--
(A) in the subparagraph heading, by striking ``FACA'' and
inserting ``Chapter 10 of title 5, united states code''; and
(B) in text, by striking ``the Federal Advisory Committee
Act (5 U.S.C. App.).'' and inserting ``chapter 10 of title 5,
United States Code.''.
(20) Section 21(b) of the United States Grain Standards Act
(7 U.S.C. 87j(b)) is amended by striking ``the Federal
Advisory Committee Act (5 U.S.C. App. 2).'' and inserting
``chapter 10 of title 5, United States Code.''.
(21) Section 3(c)(11)(F) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136a(c)(11)(F)) is
amended--
(A) in the subparagraph heading, by striking ``Federal
advisory committee act'' and inserting ``Chapter 10 of title
5, united states code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(22) Section 5 of the Research Facilities Act (7 U.S.C.
390c) is amended--
(A) in the section heading, by striking ``FEDERAL ADVISORY
COMMITTEE ACT'' and inserting ``CHAPTER 10 OF TITLE 5, UNITED
STATES CODE''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(23) Section 3a(c)(2) of the Act of March 3, 1927 (7 U.S.C.
473a(c)(2)) is amended by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of
title 5, United States Code,''.
(24) Section 5 of the Act of August 23, 1935 (7 U.S.C.
511d) is amended by striking ``the Federal Advisory Committee
Act,'' and inserting ``chapter 10 of title 5, United States
Code,''.
(25) Section 2(b)(3)(B) of the Mandatory Price Reporting
Act of 2010 (Public Law 111-239, 7 U.S.C. 1635k note) is
amended--
(A) in the subparagraph heading, by striking ``federal
advisory committee act'' and inserting ``chapter 10 of title
5, united states code''; and
(B) in text, by striking ``the Federal Advisory Committee
Act (5 U.S.C. App.).'' and inserting ``chapter 10 of title 5,
United States Code.''.
(26) Section 205(e) of the Agricultural Trade Development
and Assistance Act of 1954 (7 U.S.C. 1725(e)) is amended--
(A) in the subsection heading, by striking ``Advisory
Committee Act'' and inserting ``Chapter 10 of Title 5, United
States Code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(27) Section 11(o)(1) of the Food and Nutrition Act of 2008
(7 U.S.C. 2020(o)(1)) is amended by striking ``the Federal
Advisory Committee Act,'' and inserting ``chapter 10 of title
5, United States Code,''.
(28) Section 607(b)(3) of the Rural Development Act of 1972
(7 U.S.C. 2204b(b)(3)) is amended by striking ``the Federal
Advisory Committee Act.'' and inserting ``chapter 10 of title
5, United States Code.''.
(29) Section 921(g)(1) of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 2279b(g)(1)) is
amended by striking ``the Federal Advisory Committee Act (5
U.S.C. App.);'' and inserting ``chapter 10 of title 5, United
States Code;''.
(30) Section 1806(2) of the Food and Agriculture Act of
1977 (7 U.S.C. 2286(2)) is amended by striking ``the Federal
Advisory Committee Act'' and inserting ``chapter 10 of title
5, United States Code,''.
(31) Section 1408(f) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123(f))
is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5, United States Code''; and
(B) in text, by striking ``section 9(c) of the Federal
Advisory Committee Act (5 U.S.C. App.).'' and inserting
``section 1008(c) of title 5, United States Code.''.
(32) Section 1408A(a)(2)(E) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3123a(a)(2)(E)) is amended--
(A) in the subparagraph heading, by striking ``Federal
advisory committee act'' and inserting ``Chapter 10 of title
5, united states code''; and
(B) in text, by striking ``section 9(c) of the Federal
Advisory Committee Act (5 U.S.C. App.)'' and inserting
``section 1008(c) of title 5, United States Code,''.
(33) Section 1409A(e) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3124a(e)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5, United States Code''; and
(B) in paragraph (2), by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of
title 5, United States Code,''.
(34) Section 1413B of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3129a)
is amended--
(A) in the section heading, by striking ``FEDERAL ADVISORY
COMMITTEE ACT EXEMPTION'' and inserting ``EXEMPTION FROM
CHAPTER 10 OF TITLE 5, UNITED STATES CODE,''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(35) Section 1417(k) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3152(k))
is amended by striking ``The Federal Advisory Committee Act
(5 U.S.C. App. 2)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(36) Section 2(j) of Public Law 89-106 (7 U.S.C. 3157(j))
is amended by striking ``The Federal Advisory Committee Act
(5 U.S.C. App. 2)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(37) Section 1434(f) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3196(f))
is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5, United States Code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(38) Section 1634(l) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5843(l)) is
amended--
(A) in the subsection heading, by striking ``Advisory
Committee Act'' and inserting ``Chapter 10 of Title 5, United
States Code''; and
(B) in text, by striking ``Section 14(a) of the Federal
Advisory Committee Act (5 U.S.C. App.)'' and inserting
``Section 1013(a) of title 5, United States Code,''.
(39) Section 2119(a) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 6518(a)) is
amended by striking ``(in accordance with the Federal
Advisory Committee Act (5 U.S.C. App. 2 et seq.)) (hereafter
referred to in this section as the `Board')'' and inserting
``(hereafter referred to in this section as the `Board') in
accordance with chapter 10 of title 5, United States Code,''.
[[Page H6802]]
(40) Section 420(b)(3) of the Plant Protection Act (7
U.S.C. 7721(b)(3)) is amended--
(A) in the paragraph heading, by striking ``Federal
advisory committee act'' and inserting ``Chapter 10 of title
5, united states code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(41) Section 1308(c)(5) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 7958(c)(5)) is amended--
(A) in the paragraph heading, by striking ``Federal
advisory committee act'' and inserting ``Chapter 10 of title
5, united states code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(42) Section 1210(d)(3)(B) of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 8740(d)(3)(B)) is amended--
(A) in the subparagraph heading, by striking ``federal
advisory committee act'' and inserting ``chapter 10 of title
5, united states code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(43) Section 1210(d)(3)(B) of the Agricultural Act of 2014
(7 U.S.C. 9040(d)(3)(B)) is amended--
(A) in the subparagraph heading, by striking ``federal
advisory committee act'' and inserting ``chapter 10 of title
5, united states code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(44) Section 286(k) of the Immigration and Nationality Act
(8 U.S.C. 1356(k)) is amended by striking ``the Federal
Advisory Committee Act,'' and inserting ``chapter 10 of title
5, United States Code,''.
(45) Section 343(e)(9) of title 10, United States Code, is
amended by striking ``The Federal Advisory Committee Act (5
U.S.C. App.), other than section 14''and inserting ``Chapter
10 of title 5, other than section 1013 of title 5''.
(46) Section 946(j) of title 10, United States Code, is
amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title
5''.
(47) Section 723(d)(6) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65, 10
U.S.C. 1071 note) is amended by striking ``The Federal
Advisory Committee Act (5 U.S.C. App.)'' and inserting
``Chapter 10 of title 5, United States Code,''.
(48) Section 722(e) of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102-484, 10 U.S.C. 1073
note) is amended--
(A) in the subsection heading, by striking ``Advisory
Committee Act'' and inserting ``Chapter 10 of Title 5, United
States Code''; and
(B) in text, by striking ``the Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``chapter 10 of title 5,
United States Code,''.
(49) Section 718(g)(2) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law
108-375, 10 U.S.C. 1092 note) is amended by striking ``The
Federal Advisory Committee Act (5 U.S.C. App.)'' and
inserting ``Chapter 10 of title 5, United States Code,''.
(50) Section 1783 of title 10, United States Code, is
amended by striking ``section 3(2) of the Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``section
1001(2) of title 5''.
(51) Section 2012(h)(3) of title 10, United States Code, is
amended by striking ``The Federal Advisory Committee Act (5
U.S.C. App.)'' and inserting ``Chapter 10 of title 5''.
(52) Section 2164(d)(6) of title 10, United States Code, is
amended by striking ``the Federal Advisory Committee Act (5
U.S.C. App.), but may close meetings in accordance with such
Act.'' and inserting ``chapter 10 of title 5, but may close
meetings in accordance with chapter 10 of title 5.''.
(53) Section 2705(d)(2)(C) of title 10, United States Code,
is amended by striking ``The Federal Advisory Committee Act
(5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5''.
(54) Section 202(b) of the National Housing Act (12 U.S.C.
1708(b)) is amended--
(A) in the matter before paragraph (1), by striking ``the
Federal Advisory Committee Act.'' and inserting ``chapter 10
of title 5, United States Code.''; and
(B) in paragraph (10), by striking ``Section 7 of the
Federal Advisory Committee Act,'' and inserting ``section
1006 of title 5, United States Code,''.
(55) Section 1205(f) of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (Public Law 101-73, 12
U.S.C. 1818 note) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5, United States Code,''; and
(B) in text, by striking ``The Federal Advisory Committee
Act'' and inserting ``Chapter 10 of title 5, United States
Code,''.
(56) Section 5.12 of the Farm Credit Act of 1971 (12 U.S.C.
2246) is amended by striking ``the Federal Advisory Committee
Act'' and inserting ``chapter 10 of title 5, United States
Code,''.
(57) Section 104(d) of the Community Development Banking
and Financial Institutions Act of 1994 (12 U.S.C. 4703(d)) is
amended--
(A) in paragraph (1), by striking ``the Federal Advisory
Committee Act, except that section 14 of that Act'' and
inserting ``chapter 10 of title 5, United States Code, except
that section 1013 of title 5, United States Code,''; and
(B) in paragraph (7), by striking ``the Federal Advisory
Committee Act.'' and inserting ``chapter 10 of title 5,
United States Code.''.
(58) Section 111(g) of the Financial Stability Act of 2010
(12 U.S.C. 5321(g)) is amended--
(A) in the subsection heading, by striking ``FACA'' and
inserting ``Chapter 10 of Title 5, United States Code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(59) Section 1013(h) of the Consumer Financial Protection
Act of 2010 (12 U.S.C. 5493(h)) is amended--
(A) in the subsection heading, by striking ``FACA'' and
inserting ``Chapter 10 of Title 5, United States Code''; and
(B) in text, by striking ``the Federal Advisory Committee
Act (5 U.S.C. App.), such Act'' and inserting ``chapter 10 of
title 5, United States Code, such chapter''.
(60) Section 2925(a)(3) of title 14, United States Code, is
amended--
(A) in the paragraph heading, by striking ``FACA'' and
inserting ``Chapter 10 of title 5''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title
5''.
(61) Section 2944 of title 14, United States Code, is
amended by striking ``the Federal Advisory Committee Act (5
U.S.C. App.)'' and inserting ``chapter 10 of title 5''.
(62) Section 11A(a)(3)(A) of the Securities Exchange Act of
1934 (15 U.S.C. 78k-1(a)(3)(A)) is amended by striking ``the
Federal Advisory Committee Act (which shall be in addition to
the National Market Advisory Board established pursuant to
subsection (d) of this section)'' and inserting ``chapter 10
of title 5, United States Code (which shall be in addition to
the National Market Advisory Board established pursuant to
subsection (d) of this section),''.
(63) Section 17A(f)(4) of the Securities Exchange Act of
1934 (15 U.S.C. 78q-1(f)(4)) is amended--
(A) in subparagraph (A), by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.).'' and inserting ``chapter 10
of title 5, United States Code.'';
(B) in subparagraph (B)(i), by striking ``the Federal
Advisory Committee Act;'' and inserting ``chapter 10 of title
5, United States Code;''; and
(C) in subparagraph (C), by striking ``the Federal Advisory
Committee Act.'' and inserting ``chapter 10 of title 5,
United States Code.''.
(64) Section 39(i) of the Securities Exchange Act of 1934
(15 U.S.C. 78pp(i)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5, United States Code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(65) Section 25(m)(4) of the National Institute of
Standards and Technology Act (15 U.S.C. 278k(m)(4)) is
amended--
(A) in the paragraph heading, by striking ``FACA
applicability'' and inserting ``Applicability of chapter 10
of title 5, united states code,'';
(B) in subparagraph (A), by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.).'' and inserting ``chapter 10
of title 5, United States Code.''; and
(C) in subparagraph (B), by striking ``Section 14 of the
Federal Advisory Committee Act'' and inserting ``Section 1013
of title 5, United States Code,''.
(66) Section 7(b) of the Small Business Computer Security
and Education Act of 1984 (Public Law 98-362, 15 U.S.C. 633
note) is amended by striking ``the Federal Advisory Committee
Act.'' and inserting ``chapter 10 of title 5, United States
Code.''.
(67) Section 31(b)(2)(D) of the Consumer Product Safety Act
(15 U.S.C. 2080(b)(2)(D)) is amended by striking ``The
Federal Advisory Committee Act'' and inserting ``Chapter 10
of title 5, United States Code,''.
(68) Section 33 of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2229) is amended--
(A) in subsection (f)(2) --
(i) in the paragraph heading, by striking ``federal
advisory committee act'' and inserting ``chapter 10 of title
5, united states code''; and
(ii) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,'';
(B) in subsection (l)(3)--
(i) in the paragraph heading, by striking ``federal
advisory committee act'' and inserting ``chapter 10 of title
5, united states code''; and
(ii) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
[[Page H6803]]
(69) Section 26(b)(4)(E) of the Toxic Substances Control
Act (15 U.S.C. 2625(b)(4)(E)) is amended by striking ``the
Federal Advisory Committee Act (5 U.S.C. App.)'' and
inserting ``chapter 10 of title 5, United States Code,''.
(70) Section 604(a)(3)(B)(iii) of the America COMPETES
Reauthorization Act of 2010 (Public Law 111-358, 15 U.S.C.
3701 note) is amended--
(A) in the clause heading, by striking ``faca'' and
inserting ``chapter 10 of title 5, united states code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(71) Section 24(k)(4) of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3719(k)(4)) is amended--
(A) in the paragraph heading, by striking ``faca'' and
inserting ``chapter 10 of title 5, united states code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(72) Section 273(i) of the National Defense Authorization
Act for Fiscal Years 1988 and 1989 (15 U.S.C. 4603(i)) is
amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5, United States Code''; and
(B) in text, by striking ``Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App. 2)'' and inserting
``Section 1013 of title 5, United States Code,''.
(73) Section 5203 of the Competitiveness Policy Council Act
(15 U.S.C. 4802) is amended by striking ``the Federal
Advisory Committee Act (5 U.S.C. App.).'' and inserting
``chapter 10 of title 5, United States Code.''.
(74) Section 5207 of the Competitiveness Policy Council Act
(15 U.S.C. 4806) is amended--
(A) in subsection (g)(6), by striking ``the Federal
Advisory Committee Act,'' and inserting ``chapter 10 of title
5, United States Code,''; and
(B) in subsection (h)--
(i) in the subsection heading, by striking ``Advisory
Committee Act'' and inserting ``Chapter 10 of Title 5, United
States Code''; and
(ii) in text, by striking ``subsections (e) and (f) of
section 10, of the Federal Advisory Committee Act'' and
inserting ``subsections (e) and (f) of section 1009 of title
5, United States Code,''.
(75) Section 101(b)(3) of the High-Performance Computing
Act of 1991 (15 U.S.C. 5511(b)(3)) is amended by striking
``Section 14 of the Federal Advisory Committee Act'' and
inserting ``Section 1013 of title 5, United States Code,''.
(76) Section 214(c) of the Protecting Children in the 21st
Century Act (15 U.S.C. 6554(c)) is amended--
(A) in the subsection heading, by striking ``FACA'' and
inserting ``Chapter 10 of Title 5, United States Code,''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(77) Section 11(c) of the National Construction Safety Team
Act (15 U.S.C. 7310(c)) is amended by striking ``Section 14
of the Federal Advisory Committee Act'' and inserting
``Section 1013 of title 5, United States Code,''.
(78) Section 4(f) of the 21st Century Nanotechnology
Research and Development Act (15 U.S.C. 7503(f)) is amended
by striking ``Section 14 of the Federal Advisory Committee
Act'' and inserting ``Section 1013 of title 5, United States
Code,''.
(79) Section 5 of the San Francisco Maritime National
Historical Park Act of 1988 (16 U.S.C. 410nn-3) is amended--
(A) in subsection (d), by striking ``the Federal Advisory
Committee Act,'' and inserting ``chapter 10 of title 5,
United States Code,''; and
(B) in subsection (e), by striking ``section 14(b) of the
Federal Advisory Committee Act (Act of October 6, 1972; 86
Stat. 776),'' and inserting ``section 1013(b) of title 5,
United States Code,''.
(80) Section 6(e) of Public Law 100-479 (16 U.S.C. 410oo-
5(e)) is amended by striking ``section 14(b) of the Federal
Advisory Committee Act (Act of October 6, 1972; 86 Stat.
776),'' and inserting ``section 1013(b) of title 5, United
States Code,''.
(81) Section 3(g)(4) of Public Law 100-571 (16 U.S.C.
410qq-2(g)(4)) is amended by striking ``section 14(b) of the
Federal Advisory Committee Act (Act of October 6, 1972; 86
Stat. 776),'' and inserting ``section 1013(b) of title 5,
United States Code,''.
(82) Section 106(h) of the Omnibus Insular Areas Act of
1992 (16 U.S.C. 410tt-4(h)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5, United States Code''; and
(B) in text, by striking ``section 14(b) of the Federal
Advisory Committee Act, and except as otherwise provided in
this title, the provisions of the Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``section 1013(b) of
title 5, United States Code, and except as otherwise provided
in this title, the provisions of chapter 10 of title 5,
United States Code,''.
(83) Section 201(i) of the Dayton Aviation Heritage
Preservation Act of 1992 (16 U.S.C. 410ww-21(i)) is amended--
(A) in the subsection heading, by striking ``FACA'' and
inserting ``Chapter 10 of Title 5, United States Code''; and
(B) in text, by striking ``Section 14(b) of the Federal
Advisory Committee Act (5 U.S.C. App.)'' and inserting
``Section 1013(b) of title 5, United States Code,''.
(84) Section 307(c) of the California Desert Protection Act
of 1994 (16 U.S.C. 410aaa-6(c)) is amended by striking ``The
Federal Advisory Committee Act'' and inserting ``Chapter 10
of title 5, United States Code,''.
(85) Section 407(c) of the California Desert Protection Act
of 1994 (16 U.S.C. 410aaa-27(c)) is amended by striking ``The
Federal Advisory Committee Act'' and inserting ``Chapter 10
of title 5, United States Code,''.
(86) Section 518(c) of the California Desert Protection Act
of 1994 (16 U.S.C. 410aaa-58(c)) is amended by striking ``The
Federal Advisory Committee Act'' and inserting ``Chapter 10
of title 5, United States Code,''.
(87) Section 10(d) of the Great Sand Dunes National Park
and Preserve Act of 2000 (16 U.S.C. 410hhh-8(d)) is amended
by striking ``the Federal Advisory Committee Act (5 U.S.C.
App.)'' and inserting ``chapter 10 of title 5, United States
Code,''.
(88) Section 7001(e)(9) of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 410lll(e)(9)) is amended--
(A) in the paragraph heading, by striking ``FACA
nonapplicability'' and inserting ``Nonapplicability of
chapter 10 of title 5, united states code''; and
(B) in text, by striking ``Section 14(b) of the Federal
Advisory Committee Act (5 U.S.C. App.)'' and inserting
``Section 1013(b) of title 5, United States Code,''.
(89) Section 3032(k)(9) of the Military Construction
Authorization Act for Fiscal Year 2015 (16 U.S.C.
410qqq(k)(9)) is amended--
(A) in the paragraph heading, by striking ``FACA
nonapplicability'' and inserting ``Nonapplicability of
chapter 10 of title 5, united states code''; and
(B) in text, by striking ``Section 14(b) of the Federal
Advisory Committee Act (5 U.S.C. App.)'' and inserting
``Section 1013(b) of title 5, United States Code,''.
(90) Section 5(e) of Public Law 101-377 (16 U.S.C. 430g-
8(e)) is amended by striking ``section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.)'' and inserting
``section 1013 of title 5, United States Code,''.
(91) Section 14 of the Winding Stair Mountain National
Recreation and Wilderness Area Act (16 U.S.C. 460vv-12) is
amended by striking ``the Federal Advisory Committee Act
(Public Law 92-463),'' and inserting ``chapter 10 of title 5,
United States Code,''.
(92) Section 206(e) of the West Virginia National Interest
River Conservation Act of 1987 (16 U.S.C. 460ww-5(e)) is
amended by striking ``the Federal Advisory Committee Act (Act
of October 6, 1972; 86 Stat. 776). The provisions of section
14(b) of such Act (relating to the charter of the
Committee)'' and inserting ``chapter 10 of title 5, United
States Code. The provisions of section 1013(b) of title 5,
United States Code (relating to the charter of the
Committee),''.
(93) Section 1029(g)(4) of the Omnibus Parks and Public
Lands Management Act of 1996 (16 U.S.C. 460kkk(g)(4)) is
amended--
(A) in the paragraph heading, by striking ``FACA'' and
inserting ``Chapter 10 of title 5, united states code''; and
(B) in text, by striking ``section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.),'' and inserting
``section 1013 of title 5, United States Code,''.
(94) Section 522(h) of the Land Between the Lakes
Protection Act of 1998 (16 U.S.C. 460lll-22(h)) is amended by
striking ``Section 14(a)(2) of the Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Section 1013(a) of
title 5, United States Code,''.
(95) Section 8(c)(1) of the McInnis Canyons National
Conservation Area and Black Ridge Canyons Wilderness Act of
2000 (16 U.S.C. 460mmm-6(c)(1)) is amended by striking ``the
Federal Advisory Committee Act (5 U.S.C. App.);'' and
inserting ``chapter 10 of title 5, United States Code;''.
(96) Section 131(h) of the Steens Mountain Cooperative
Management and Protection Act of 2000 (16 U.S.C. 460nnn-
51(h)) is amended by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.).'' and inserting ``chapter 10
of title 5, United States Code.''.
(97) Section 2407(c)(1) of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 460zzz-6(c)(1)) is amended
by striking ``the Federal Advisory Committee Act (5 U.S.C.
App.);'' and inserting ``chapter 10 of title 5, United States
Code;''.
(98) Section 8(a) of Public Law 93-535 (16 U.S.C. 541g(a))
is amended by striking ``the Federal Advisory Committee Act
(86 Stat. 770),'' and inserting ``chapter 10 of title 5,
United States Code,''.
(99) Section 4(o) of the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd(o)) is amended by
striking ``the Federal Advisory Committee Act (5 U.S.C.
App.).'' and inserting ``chapter 10 of title 5, United States
Code.''.
(100) Section 1(a)(2) [title IX, Sec. 902(f)] of Public Law
106-553 (16 U.S.C. 669 note) is amended--
(A) in the subsection heading, by striking ``FACA'' and
inserting ``Inapplicability of Chapter 10 of Title 5, United
States Code''; and
(B) in text, by striking ``the Federal Advisory Committee
Act (5 U.S.C. App.).'' and inserting ``chapter 10 of title 5,
United States Code.''.
(101) Section 11(e) of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669h-2(e)) is amended--
[[Page H6804]]
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5, United Stats Code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(102) Section 1007 of the Omnibus Parks and Public Lands
Management Act of 1996 (16 U.S.C. 698u-5) is amended--
(A) in subsection (f), by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.),'' and inserting ``chapter 10
of title 5, United States Code,''; and
(B) in subsection (i), by striking ``section 14(b) of the
Federal Advisory Committee Act (15 U.S.C. App.)'' and
inserting ``section 1013(b) of title 5, United States
Code,''.
(103) Section 14(f) of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777m(f)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5, United States Code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(104) Section 4(h)(10)(D)(iii) of the Pacific Northwest
Electric Power Planning and Conservation Act (16 U.S.C.
839b(h)(10)(D)(iii)), as added to the ``Northwest Power
Planning and Conservation Act'' (meaning the Pacific
Northwest Electric Power Planning and Conservation Act), is
amended by striking ``the Federal Advisory Committee Act.''
and inserting ``chapter 10 of title 5, United States Code.''.
(105) Section 4(a)(1)(E) of the Tuna Conventions Act of
1950 (16 U.S.C. 953(a)(1)(E)) is amended by striking ``the
Federal Advisory Committee Act (5 U.S.C. App.).'' and
inserting ``chapter 10 of title 5, United States Code.''.
(106) Section 4(b)(6) of the Atlantic Tunas Convention Act
of 1975 (16 U.S.C. 971b(b)(6)) is amended by striking ``the
Federal Advisory Committee Act (5 U.S.C. App.).'' and
inserting ``chapter 10 of title 5, United States Code.''.
(107) Section 3(a)(67)(B)(vii) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)(67)(B)(vii)) is amended by
striking ``section 14(b) of the Federal Advisory Committee
Act (Act of October 6, 1972; 86 Stat. 776),'' and inserting
``section 1013(b) of title 5, United States Code,''.
(108) Section 117(d)(2) of the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1386(d)(2)) is amended by striking ``the
Federal Advisory Committee Act (5 App. U.S.C.).'' and
inserting ``chapter 10 of title 5, United States Code.''.
(109) Section 118(f)(6)(D) of the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1387(f)(6)(D)) is amended by striking
``the Federal Advisory Committee Act (5 App. U.S.C.).'' and
inserting ``chapter 10 of title 5, United States Code.''.
(110) Section 120(i)(1)(B) of the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1389(i)(1)(B)) is amended by striking
``the Federal Advisory Committee Act (5 App. U.S.C.).'' and
inserting ``chapter 10 of title 5, United States Code.''.
(111) Section 404(a)(1)(B) of the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1421c(a)(1)(B)) is amended by striking
``The Federal Advisory Committee Act (5 App. U.S.C.)'' and
inserting ``Chapter 10 of title 5, United States Code,''.
(112) Section 315(a) of the National Marine Sanctuaries Act
(16 U.S.C. 1445a(a)) is amended by striking ``the Federal
Advisory Committee Act.'' and inserting ``chapter 10 of title
5, United States Code.''.
(113) Section 4(f)(2) of the Endangered Species Act of 1973
(16 U.S.C. 1533(f)(2)) is amended by striking ``the Federal
Advisory Committee Act.'' and inserting ``chapter 10 of title
5, United States Code.''.
(114) Section 14(b) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1612(b)) is amended
by striking ``the Federal Advisory Committee Act (86 Stat.
770)'' and inserting ``chapter 10 of title 5, United States
Code,''.
(115) Section 5(d) of Public Law 100-629 (16 U.S.C. 1823
note) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5, United States Code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App. 1 et seq.)'' and inserting ``Chapter 10 of
title 5, United States Code,''.
(116) Section 302(i)(1) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1852(i)(1)) is
amended by striking ``The Federal Advisory Committee Act (5
U.S.C. App. 1)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(117) Section 303(d) of the Atlantic Salmon Convention Act
of 1982 (16 U.S.C. 3602(d)) is amended by striking ``The
Federal Advisory Committee Act (5 U.S.C. App. 1 et seq.)''
and inserting ``Chapter 10 of title 5, United States Code,''.
(118) Section 3(i) of the Pacific Salmon Treaty Act of 1985
(16 U.S.C. 3632(i)) is amended by striking ``The Federal
Advisory Committee Act (5 U.S.C. App. 1 et seq.)'' and
inserting ``Chapter 10 of title 5, United States Code,''.
(119) Section 1262(d) of the Food Security Act of 1985 (16
U.S.C. 3862(d)), as generally amended by Public Law 110-246
as the ``Farm Security Act of 1985'' (meaning the Food
Security Act of 1985), is amended--
(A) in the subsection heading, by striking ``FACA
Requirements'' and inserting ``Requirements of Chapter 10 of
Title 5, United States Code'';
(B) in paragraph (1), by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.).'' and inserting ``chapter 10
of title 5, United States Code.''; and
(C) in paragraph (2), by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.),'' and inserting ``chapter 10
of title 5, United States Code,''.
(120) Section 2104(c) of the African Elephant Conservation
Act (16 U.S.C. 4214(c)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5, United States Code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(121) Section 7(c) of the Asian Elephant Conservation Act
of 1997 (16 U.S.C. 4265a(c)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5, United States Code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(122) Section 4(a)(1) of the North American Wetlands
Conservation Act (16 U.S.C. 4403(a)(1)) is amended by
striking ``Public Law 92-463, as amended,'' and inserting
``chapter 10 of title 5, United States Code,''.
(123) Section 9(c) of the Rhinoceros and Tiger Conservation
Act of 1994 (16 U.S.C. 5305c(c)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5, United States Code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(124) Section 202(f)(2) of the Northwest Atlantic Fisheries
Convention Act of 1995 (16 U.S.C. 5601(f)(2)) is amended by
striking ``The Federal Advisory Committee Act (5 U.S.C.
App.)'' and inserting ``Chapter 10 of title 5, United States
Code,''.
(125) Section 208(d) of the Northwest Atlantic Fisheries
Convention Act of 1995 (16 U.S.C. 5607(d)) is amended by
striking ``The Federal Advisory Committee Act (5 U.S.C.
App.)'' and inserting ``Chapter 10 of title 5, United States
Code,''.
(126) Section 706 of the Yukon River Salmon Act of 1995 (16
U.S.C. 5705) is amended by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of
title 5, United States Code,''.
(127) Section 204 of the Yukon River Salmon Act of 2000 (16
U.S.C. 5723) is amended by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of
title 5, United States Code,''.
(128) Section 7(b)(3) of the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6106(b)(3)) is amended--
(A) in the paragraph heading, by striking ``federal
advisory committee act'' and inserting ``chapter 10 of title
5, united states code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(129) Section 4(i)(5) of the Great Ape Conservation Act of
2000 (16 U.S.C. 6303(i)(5)) is amended--
(A) in the paragraph heading, by striking ``FACA'' and
inserting ``Chapter 10 of title 5, united states code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 App. U.S.C.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(130) Section 103(b)(2) of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6513(b)(2)) is amended by striking
``The Federal Advisory Committee Act (5 U.S.C. App.)'' and
inserting ``Chapter 10 of title 5, United States Code,''.
(131) Section 6(c) of the Marine Turtle Conservation Act of
2004 (16 U.S.C. 6605(c)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5, United States Code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(132) Section 804(d)(12) of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6803(d)(12)) is amended--
(A) in the paragraph heading, by striking ``federal
advisory committee act'' and inserting ``chapter 10 of title
5, united states code''; and
(B) in text, by striking ``the Federal Advisory Committee
Act (5 U.S.C. App.).'' and inserting ``chapter 10 of title 5,
United States Code.''.
(133) Section 503(d)(1)(C) of the Western and Central
Pacific Fisheries Convention Implementation Act (16 U.S.C.
6902(d)(1)(C)) is amended by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.).'' and inserting ``chapter 10
of title 5, United States Code.''.
(134) Section 208(b)(3) of title 18, United States Code, is
amended by striking ``the Federal Advisory Committee Act''
and inserting ``chapter 10 of title 5''.
[[Page H6805]]
(135) Section 3056(a)(7) of title 18, United States Code,
is amended by striking ``the Federal Advisory Committee Act
(5 U.S.C. App. 2).'' and inserting ``chapter 10 of title
5.''.
(136) Section 105 of the USA PATRIOT Act (Public Law 107-
56, 18 U.S.C. 3056 note) is amended by striking ``the Federal
Advisory Committee Act (5 U.S.C. App. 2).'' and inserting
``chapter 10 of title 5, United States Code.''.
(137) Section 13031(k) of the Trade Adjustment Assistance
Reform and Extension Act of 1986 (19 U.S.C. 58c(k)) is
amended by striking ``section 14 of the Federal Advisory
Committee Act.'' and inserting ``section 1013 of title 5,
United States Code.''.
(138) Section 135(f) of the Trade Act of 1974 (19 U.S.C.
2155(f)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5, United States Code'';
(B) in the matter before paragraph (1), by striking ``the
Federal Advisory Committee Act'' and inserting ``chapter 10
of title 5, United States Code,'';
(C) in paragraph (2)(A), by striking ``subsections (a) and
(b) of sections 10 and 11 of the Federal Advisory Committee
Act'' and inserting ``subsections (a) and (b) of sections
1009 and 1010 of title 5, United States Code''; and
(D) in paragraph (2)(B), by striking ``subsection (a)(2) of
section 14 of the Federal Advisory Committee Act,'' and
inserting ``subsection (a) of section 1013 of title 5, United
States Code,''.
(139) Section 127(j) of the Trade Deficit Review Commission
Act (Public Law 105-277, 19 U.S.C. 2213 note) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5, United States Code''; and
(B) in text, by striking ``the Federal Advisory Committee
Act (Public Law 92-463; 5 U.S.C. App.)'' and inserting
``chapter 10 of title 5, United States Code,''.
(140) Section 306(h) of the Convention on Cultural Property
Implementation Act (19 U.S.C. 2605(h)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5, United States Code''; and
(B) in text, by striking ``the Federal Advisory Committee
Act (Public Law 92-463; 5 U.S.C. Appendix I) shall apply to
the Committee except that the requirements of subsections (a)
and (b) of section 10 and section 11 of such Act'' and
inserting ``chapter 10 of title 5, United States Code, shall
apply to the Committee, except that the requirements of
subsections (a) and (b) of section 1009 and section 1010 of
title 5, United States Code''.
(141) Section 102(b)(1) of the North American Free Trade
Agreement Implementation Act (19 U.S.C. 3312(b)(1)) is
amended (matter at end) by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of
title 5, United States Code,''.
(142) Section 102(b)(1)(B) of the Uruguay Round Agreements
Act (19 U.S.C. 3512(b)(1)(B)) is amended (matter at end) by
striking ``The Federal Advisory Committee Act (5 U.S.C.
App.)'' and inserting ``Chapter 10 of title 5, United States
Code,''.
(143) Section 109 of the Trade Facilitation and Trade
Enforcement Act of 2015 (19 U.S.C. 4316) is amended--
(A) in subsection (d), by striking ``section 10(f) of the
Federal Advisory Committee Act (5 U.S.C. App.),'' and
inserting ``section 1009(f) of title 5, United States
Code,''; and
(B) in subsection (f), by striking ``Section 14(a)(2) of
the Federal Advisory Committee Act (5 U.S.C. App.; relating
to the termination of advisory committees)'' and inserting
``Section 1013(a) of title 5, United States Code,''.
(144) Section 702(g) of the Trade Facilitation and Trade
Enforcement Act of 2015 (19 U.S.C. 4422(g)) is amended--
(A) in the subsection heading, by striking ``the Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5, United States Code'';
(B) in paragraph (1), by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``chapter 10 of
title 5, United States Code,''; and
(C) in paragraph (2), by striking ``section 10 and section
11 of the Federal Advisory Committee Act'' and inserting
``section 1009 and section 1010 of title 5, United States
Code''.
(145) Section 12(g) of the National Museum of the American
Indian Act (20 U.S.C. 80q-10(g)) is amended--
(A) in the subsection heading, by striking ``the Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5, United States Code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(146) Section 114(d)(4) of the Higher Education Act of 1965
(20 U.S.C. 1011c(d)(4)) is amended--
(A) in the paragraph heading, by striking ``Federal
advisory committee act'' and inserting ``Chapter 10 of title
5, united states code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.) shall apply to the Committee, except that
section 14 of such Act'' and inserting ``Chapter 10 of title
5, United States Code, shall apply to the Committee, except
that section 1013 of title 5, United States Code,''.
(147) Section 491(k) of the Higher Education Act of 1965
(20 U.S.C. 1098(k)) is amended by striking ``the Federal
Advisory Committee Act (5 U.S.C. App. I)'' and inserting
``chapter 10 of title 5, United States Code,''.
(148) Section 492(c) of the Higher Education Act of 1965
(20 U.S.C. 1098a(c)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5, United States Code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act'' and inserting ``Chapter 10 of title 5, United States
Code,''.
(149) Section 114(d)(1)(D) of the Vocational Education Act
of 1963 (20 U.S.C. 2324(d)(1)(D)) is amended--
(A) in the subparagraph heading, by striking ``FACA'' and
inserting ``Chapter 10 of title 5, united states code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(150) Section 9(b)(6) of the National Environmental
Education Act (20 U.S.C. 5508(b)(6)) is amended by striking
``Section 14(a) of the Federal Advisory Committee Act'' and
inserting ``Section 1013(a) of title 5, United States
Code,''.
(151) Section 11(f) of the Morris K. Udall and Stewart L.
Udall Foundation Act (20 U.S.C. 5607b(f)) is amended by
striking ``the Federal Advisory Committee Act (5 U.S.C.
App.).'' and inserting ``chapter 10 of title 5, United States
Code.''.
(152) Section 1601(b)(4)(A) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6571(b)(4)(A)) is amended by
striking ``the Federal Advisory Committee Act (5 U.S.C.
App.);'' and inserting ``chapter 10 of title 5, United States
Code;''.
(153) Section 114(g) of the Education Sciences Reform Act
of 2002 (20 U.S.C. 9514(g)) is amended by striking ``The
Federal Advisory Committee Act (5 U.S.C. App.)'' and
inserting ``Chapter 10 of title 5, United States Code,''.
(154) Section 302(h) of the National Assessment of
Educational Progress Authorization Act (20 U.S.C. 9621(h)) is
amended by striking ``The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply with respect to the Assessment
Board, other than sections 10, 11, and 12 of such Act.'' and
inserting ``Chapter 10 of title 5, United States Code, shall
not apply with respect to the Assessment Board, other than
sections 1009, 1010, and 1011 of title 5, United States
Code.''.
(155) Section 513(b) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360c(b)) is amended--
(A) in paragraph (1), by striking ``Section 14 of the
Federal Advisory Committee Act'' and inserting ``Section 1013
of title 5, United States Code,''; and
(B) in paragraph (8), by striking the ``Federal Advisory
Committee Act.'' and inserting ``chapter 10 of title 5,
United States Code.''.
(156) Section 520(f)(3) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360j(f)(3)) is amended (matter at
end) by striking ``Section 14 of the Federal Advisory
Committee Act'' and inserting ``Section 1013 of title 5,
United States Code,''.
(157) Section 567(a)(4) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360bbb-6(a)(4)) is amended by
striking ``Section 14 of the Federal Advisory Committee Act''
and inserting ``Section 1013 of title 5, United States
Code,''.
(158) Section 572(d)(3)(C) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360ccc-1(d)(3)(C)) is amended by
striking ``the Federal Advisory Committee Act, 5 U.S.C. App.
2.'' and inserting ``chapter 10 of title 5, United States
Code.''.
(159) Section 712(a)(1) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 379d-1(a)(1)) is amended by striking
``the Federal Advisory Committee Act'' and inserting
``chapter 10 of title 5, United States Code,''.
(160) Section 917(d) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 387q(d)) is amended--
(A) in the subsection heading, by striking ``FACA'' and
inserting ``Chapter 10 of Title 5, United States Code'';
(B) in paragraph (3)--
(i) in the paragraph heading, by striking ``faca'' and
inserting ``chapter 10 of title 5, united states code''; and
(ii) in text, by striking ``Section 14 of the Federal
Advisory Committee Act'' and inserting ``Section 1013 of
title 5, United States Code,''.
(161) Section 410(h) of the Federal Meat Inspection Act (21
U.S.C. 679a(h)) is amended by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of
title 5, United States Code,''.
(162) Section 810(i)(1) of the Foreign Narcotics Kingpin
Designation Act (21 U.S.C. 1908(i)(1)) is amended by striking
``the Federal Advisory Committee Act (5 U.S.C. App.)'' and
inserting ``chapter 10 of title 5, United States Code,''.
(163) Section 543(b) of the North American Free Trade
Agreement Implementation Act (22 U.S.C. 290m-2(b)) is
amended--
(A) in paragraph (1), by striking ``the Federal Advisory
Committee Act.'' and inserting ``chapter 10 of title 5,
United States Code.''; and
(B) in paragraph (4)(D), by striking ``the Federal Advisory
Committee Act.'' and inserting ``chapter 10 of title 5,
United States Code.''.
[[Page H6806]]
(164) Section 8(a) of the U.S. Holocaust Assets Commission
Act of 1998 (Public Law 105-186, 22 U.S.C. 1621 note) is
amended--
(A) in the subsection heading, by striking ``FACA'' and
inserting ``Chapter 10 of Title 5, United States Code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(165) Section 301(h) of the International Travel Act of
1961 (22 U.S.C. 2124(h)) is amended by striking ``the Federal
Advisory Committee Act'' and inserting ``chapter 10 of title
5, United States Code,''.
(166) Section 234A(b)(4) of the Foreign Assistance Act of
1961 (22 U.S.C. 2194b(b)(4)) is amended--
(A) in the paragraph heading, by striking ``Federal
advisory committee act'' and inserting ``Chapter 10 of title
5, united states code''; and
(B) in text, by striking ``the Federal Advisory Committee
Act (5 U.S.C. App.).'' and inserting ``chapter 10 of title 5,
United States Code.''.
(167) Section 637(g) of the HELP Commission Act (22 U.S.C.
2394b(g)) is amended by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of
title 5, United States Code,''.
(168) Section 8D(f) of the Peace Corps Act (22 U.S.C.
2507d(f)) is amended--
(A) in the subsection heading, by striking ``FACA'' and
inserting ``Chapter 10 of Title 5, United States Code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(169) Section 406(f)(3) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 4356(f)(3)) is amended by
striking ``The Federal Advisory Committee Act shall not apply
to the Advisory Committee to the extent that the provisions
of this title are inconsistent with that Act.'' and inserting
``Chapter 10 of title 5, United States Code, shall not apply
to the Advisory Committee to the extent that the provisions
of this title are inconsistent with that chapter.''.
(170) Section 303(d) of the Diplomatic Security Act (22
U.S.C. 4833(d)) is amended by striking ``the Federal Advisory
Committee Act (5 U.S.C. App. 1 et seq.)'' and inserting
``chapter 10 of title 5, United States Code,''.
(171) Section 202(e) of the Support for East European
Democracy (SEED) Act of 1989 (22 U.S.C. 5422(e)) is amended
by striking ``the Federal Advisory Committee Act (5 U.S.C.
App.).'' and inserting ``chapter 10 of title 5, United States
Code.''.
(172) Section 206 of the International Religious Freedom
Act of 1998 (22 U.S.C. 6434) is amended by striking ``The
Federal Advisory Committee Act (5 U.S.C. App.)'' and
inserting ``Chapter 10 of title 5, United States Code,''.
(173) Section 1238(g) of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (22 U.S.C.
7002(g)) is amended--
(A) in the subsection heading, by striking ``FACA'' and
inserting ``Chapter 10 of Title 5, United States Code''; and
(B) in text, by striking ``the Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``chapter 10 of title 5,
United States Code,''.
(174) Section 5204(h)(2) of the Intelligent Transportation
Systems Act of 1998 (Public Law 105-178, 23 U.S.C. 502 note)
is amended--
(A) in the paragraph heading, by striking ``federal
advisory committee act'' and inserting ``chapter 10 of title
5, united states code''; and
(B) in text, by striking ``the Federal Advisory Committee
Act (5 U.S.C. App.).'' and inserting ``chapter 10 of title 5,
United States Code.''.
(175) Section 6011(i) of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240, 23
U.S.C. 502 note) is amended by striking ``Section 14 of the
Federal Advisory Committee Act'' and inserting ``Section 1013
of title 5, United States Code,''.
(176) Section 5305(h)(5) of SAFETEA-LU (Public Law 109-59,
23 U.S.C. 512 note) is amended--
(A) in the paragraph heading, by striking ``federal
advisory committee act'' and inserting ``chapter 10 of title
5, united states code''; and
(B) in text, by striking ``the Federal Advisory Committee
Act (5 U.S.C. App.).'' and inserting ``chapter 10 of title 5,
United States Code.''.
(177) Section 5307(a)(4)(B) of SAFETEA-LU (Public Law 109-
59, 23 U.S.C. 512 note) is amended--
(A) in the subparagraph heading, by striking ``advisory
committee act'' and inserting ``chapter 10 of title 5, united
states code''; and
(B) in text, by striking ``the Federal Advisory Committee
Act (5 U.S.C. App.).'' and inserting ``chapter 10 of title 5,
United States Code.''.
(178) Section 515(h)(5) of title 23, United States Code, is
amended--
(A) in the paragraph heading, by striking ``federal
advisory committee act'' and inserting ``chapter 10 of title
5, united states code''; and
(B) in text, by striking ``the Federal Advisory Committee
Act (5 U.S.C. App.).'' and inserting ``chapter 10 of title 5,
United States Code.''.
(179) Section 4(d)(2) of the Saint Elizabeths Hospital and
District of Columbia Mental Health Services Act (24 U.S.C.
225b(d)(2)) is amended by striking ``the Federal Advisory
Committee Act.'' and inserting ``chapter 10 of title 5,
United States Code.''.
(180) Section 19 of Public Law 103-435 (25 U.S.C. 166) is
amended--
(A) in the section heading, by striking ``FEDERAL ADVISORY
COMMITTEE ACT'' and inserting ``CHAPTER 10 OF TITLE 5, UNITED
STATES CODE''; and
(B) in text, by striking ``the Federal Advisory Committee
Act (5 U.S.C. App.).'' and inserting ``chapter 10 of title 5,
United States Code.''.
(181) Section 3307(j) of the Youth Drug and Mental Health
Services Act (Public Law 106-310, 25 U.S.C. 1671 note) is
amended by striking ``Section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Section 1013
of title 5, United States Code,''.
(182) Section 1138(b) of the Education Amendments of 1978
(25 U.S.C. 2018(b)) is amended--
(A) in paragraph (3)(E), by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.).'' and inserting ``chapter 10
of title 5, United States Code.''; and
(B) in paragraph (4), by striking ``section 7(d) of the
Federal Advisory Committee Act,'' and inserting ``section
1006(d) of title 5, United States Code,''.
(183) Section 15(m) of the Indian Law Enforcement Reform
Act (25 U.S.C. 2812(m)) is amended--
(A) in the subsection heading, by striking ``FACA'' and
inserting ``Chapter 10 of Title 5, United States Code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(184) Section 306(c) of the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4046(c)) is
amended--
(A) in the subsection heading, by striking ``FACA'' and
inserting ``Chapter 10 of Title 5, United States Code''; and
(B) in text, by striking ``the Federal Advisory Committee
Act.'' and inserting ``chapter 10 of title 5, United States
Code.''.
(185) Section 9 of the Indian Tribal Regulatory Reform and
Business Development Act of 2000 (Public Law 106-447, 25
U.S.C. 4301 note) is amended--
(A) in the section heading, by striking ``FEDERAL ADVISORY
COMMITTEE ACT'' and inserting ``CHAPTER 10 OF TITLE, UNITED
STATES CODE''; and
(B) in text, by striking ``the Federal Advisory Committee
Act (5 U.S.C. App.).'' and inserting ``chapter 10 of title 5,
United States Code.''.
(186) Section 15(d)(2)(F) of the Wagner-Peyser Act (29
U.S.C. 49l-2(d)(2)(F)) is amended by striking ``Section 14 of
the Federal Advisory Committee Act (5 U.S.C. App.)'' and
inserting ``Section 1013 of title 5, United States Code,''.
(187) Section 205(i) of the Rehabilitation Act of 1973 (29
U.S.C. 765(i)) is amended by striking ``Section 14 of the
Federal Advisory Committee Act (5 U.S.C. App.)'' and
inserting ``Section 1013 of title 5, United States Code,''.
(188) Section 904(a)(6) of the Food and Drug Administration
Safety and Innovation Act (Public Law 112-144, 29 U.S.C. 792
note) is amended--
(A) in the paragraph heading, by striking ``FACA waiver''
and inserting ``Waiver of chapter 10 of title 5, united
states code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(189) Section 512(e) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1142(e)) is amended by
striking ``Section 14(a) of the Federal Advisory Committee
Act (relating to termination)'' and inserting ``Section
1013(a) of title 5, United States Code (relating to
termination),''.
(190) Section 517(f)(3) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1147(f)(3)) is amended--
(A) in the paragraph heading, by striking ``FACA'' and
inserting ``Chapter 10 of title 5, united states code''; and
(B) in text, by striking ``the Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``chapter 10 of title 5,
United States Code,''.
(191) Section 4002(h)(8) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1302(h)(8)) is amended by
striking ``The Federal Advisory Committee Act'' and inserting
``Chapter 10 of title 5, United States Code,''.
(192) Section 166(i)(4)(G) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3221(i)(4)(G)) is amended by
striking ``Section 14 of the Federal Advisory Committee Act
(5 U.S.C. App.)'' and inserting ``Section 1013 of title 5,
United States Code,''.
(193) Section 9(f) of the Mining and Mineral Resources
Institutes Act (30 U.S.C. 1229(f)) is amended by striking
``Section 10 of the Federal Advisory Committee Act (5 U.S.C.
App.)'' and inserting ``Section 1009 of title 5, United
States Code,''.
(194) Section 624(d) of the Treasury and General Government
Appropriations Act, 2001 (Public Law 106-554, 31 U.S.C. 1105
note) is amended by striking ``the Federal Advisory Committee
Act (5 U.S.C. App.).'' and inserting ``chapter 10 of title 5,
United States Code.''.
(195) Section 202(c)(2) of the Government Securities Act
Amendments of 1993 (Public Law 103-202, 31 U.S.C. 3121 note)
is amended
[[Page H6807]]
by striking ``section 10(c) of the Federal Advisory Committee
Act'' and inserting ``section 1009(c) of title 5, United
States Code,''.
(196) Section 5135(h) of title 31, United States Code, is
amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5''; and
(B) in text, by striking ``the Federal Advisory Committee
Act'' and inserting ``chapter 10 of title 5''.
(197) Section 1564(c) of the Annunzio-Wylie Anti-Money
Laundering Act (Public Law 102-550, 31 U.S.C. 5311 note) is
amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5, United States Code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act'' and inserting ``Chapter 10 of title 5, United States
Code,''.
(198) Section 8(f)(9) of the National Dam Safety Program
Act (33 U.S.C. 467f(f)(9)) is amended--
(A) in the paragraph heading, by striking ``federal
advisory committee act'' and inserting ``chapter 10 of title
5, united states code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(199) Section 8004(g)(2)(D) of the Water Resources
Development Act of 2007 (Public Law 110-114, 33 U.S.C. 652
note) is amended--
(A) in the subparagraph heading, by striking ``federal
advisory committee act'' and inserting ``chapter 10 of title
5, united states code''; and
(B) in text, by striking ``the Federal Advisory Committee
Act (5 U.S.C. App.).'' and inserting ``chapter 10 of title 5,
United States Code.''.
(200) Section 3(a) of the Oceans Act of 2000 (Public Law
106-256, 33 U.S.C. 857-19 note) is amended by striking ``The
Federal Advisory Committee Act (5 U.S.C. App.), except for
sections 3, 7, and 12,'' and inserting ``Chapter 10 of title
5, United States Code, except for sections 1001, 1006, and
1011,''.
(201) Section 311(t)(2)(C)(viii) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(t)(2)(C)(viii)) is
amended--
(A) in the clause heading, by striking ``federal advisory
committee act'' and inserting ``chapter 10 of title 5, united
states code''; and
(B) in text, by striking ``the Federal Advisory Committee
Act (5 U.S.C. App.).'' and inserting ``chapter 10 of title 5,
United States Code.''.
(202) Section 302(f) of the Water Resources Development Act
of 1986 (33 U.S.C. 2251(f)) is amended--
(A) in paragraph (1) by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.), other than section 14,'' and
inserting ``chapter 10 of title 5, United States Code, other
than section 1013,''; and
(B) in paragraph (2), by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.),'' and inserting ``chapter 10
of title 5, United States Code,''.
(203) Section 2034(j) of the Water Resources Development
Act of 2007 (33 U.S.C. 2343(j)) is amended--
(A) in the subsection heading, by striking ``FACA'' and
inserting ``Chapter 10 of Title 5, United States Code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(204) Section 2035(g) of the Water Resources Development
Act of 2007 (33 U.S.C. 2344(g)) is amended--
(A) in the subsection heading, by striking ``FACA'' and
inserting ``Chapter 10 of Title 5, United States Code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(205) Section 5008(c) of the Oil Pollution Act of 1990 (33
U.S.C. 2738(c)) is amended by striking ``The Federal Advisory
Committee Act (5 U.S.C. App. 2)'' and inserting ``Chapter 10
of title 5, United States Code,''.
(206) Section 903(b) of the Oceans and Human Health Act (33
U.S.C. 3102(b)) is amended by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of
title 5, United States Code,''.
(207) Section 9003(h) of the National Levee Safety Act of
2007 (33 U.S.C. 3302(h)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5, United States Code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(208) Section 12005(b) of the Omnibus Public Land
Management Act of 2009 (33 U.S.C. 3405(b)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5, United States Code''; and
(B) in text, by striking ``Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.)'' and inserting
``Section 1013 of title 5, United States Code,''.
(209) Section 12304(d)(4)(E) of the Integrated Coastal and
Ocean Observation System Act of 2009 (33 U.S.C.
3603(d)(4)(E)) is amended by striking ``Section 14 of the
Federal Advisory Committee Act (5 U.S.C. App.)'' and
inserting ``Section 1013 of title 5, United States Code,''.
(210) Section 807(e) of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10226(e)) is amended by
striking ``the Federal Advisory Committee Act (5 U.S.C.
App.).'' and inserting ``chapter 10 of title 5, United States
Code.''.
(211) Section 210303(b)(2) of the DNA Identification Act of
1994 (34 U.S.C. 12591(b)(2)) is amended by striking ``Section
14 of the Federal Advisory Committee Act (5 U.S.C. App.)''
and inserting ``Section 1013 of title 5, United States
Code,''.
(212) Section 7(n) of the Prison Rape Elimination Act of
2003 (34 U.S.C. 30306(n)) is amended by striking ``the
Federal Advisory Committee Act.'' and inserting ``chapter 10
of title 5, United States Code.''.
(213) Section 215(d) of the National Crime Prevention and
Privacy Compact Act of 1998 (34 U.S.C. 40314(d)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5, United States Code''; and
(B) in text, by striking ``the Federal Advisory Committee
Act (5 U.S.C. App.).'' and inserting ``chapter 10 of title 5,
United States Code.''.
(214) Section 217 [Article VIII(a) of the National Crime
Prevention and Privacy Compact] of the National Crime
Prevention and Privacy Compact Act of 1998 (34 U.S.C. 40316)
is amended by striking ``the Federal Advisory Committee Act
(5 U.S.C. App.)'' and inserting ``chapter 10 of title 5,
United States Code,''.
(215) Section 5(h) of title 35, United States Code, is
amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title
5''.
(216) Section 8(b) of the World War I Centennial Commission
Act (Public Law 112-272, 36 U.S.C. note prec. 101) is
amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5, United States Code'';
(B) in paragraph (1), by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``chapter 10 of
title 5, United States Code,''; and
(C) in paragraph (2), by striking ``Section 14(a)(2) of
such Act'' and inserting ``Section 1013(a) of title 5, United
States Code,''.
(217) Section 545(d) of title 38, United States Code, is
amended--
(A) in paragraph (1), by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``chapter 10 of
title 5''; and
(B) in paragraph (2), by striking ``Section 14 of such
Act'' and inserting ``Section 1013 of title 5''.
(218) Section 546(f) of title 38, United States Code, is
amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5'';
(B) in paragraph (1), by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``chapter 10 of
title 5''; and
(C) in paragraph (2), by striking ``Section 14 of such
Act'' and inserting ``Section 1013 of title 5''.
(219) Section 7314(d)(4) of title 38, United States Code,
is amended by striking ``the Federal Advisory Committee
Act.'' and inserting ``chapter 10 of title 5.''.
(220) Section 7320(e)(4) of title 38, United States Code,
is amended by striking ``the Federal Advisory Committee Act
(5 U.S.C. App.).'' and inserting ``chapter 10 of title 5.''.
(221) Section 2(b)(4) of the Department of Veterans Affairs
Emergency Preparedness Act of 2002 (Public Law 107-287, 38
U.S.C. 7325 note) is amended by striking ``the Federal
Advisory Committee Act (5 U.S.C. App.).'' and inserting
``chapter 10 of title 5, United States Code.''.
(222) Section 303(a) of the Veterans Health Programs
Improvement Act of 2004 (Public Law 108-422, 38 U.S.C. 7328
note) is amended by striking ``the Federal Advisory Committee
Act (5 U.S.C. App.).'' and inserting ``chapter 10 of title 5,
United States Code.''.
(223) Section 7329(d)(4) of title 38, United States Code,
is amended by striking ``the Federal Advisory Committee
Act.'' and inserting ``chapter 10 of title 5.''.
(224) Section 7330(d)(4) of title 38, United States Code,
is amended by striking ``the Federal Advisory Committee
Act.'' and inserting ``chapter 10 of title 5.''.
(225) Section 7330A(c)(5) of title 38, United States Code,
is amended by striking ``the Federal Advisory Committee
Act.'' and inserting ``chapter 10 of title 5.''.
(226) Section 407(b)(3) of title 39, United States Code, is
amended by striking ``the Federal Advisory Committee Act)''
and inserting ``chapter 10 of title 5)''.
(227) Section 217(d) of the Public Health Service Act (42
U.S.C. 218(d)) is amended by striking ``Section 14(a) of the
Federal Advisory Committee Act'' and inserting ``Section
1013(a) of title 5, United States Code,''.
(228) Section 319L(e)(2) of the Public Health Service Act
(42 U.S.C. 247d-7e(e)(2)) is amended by striking ``section 14
of the Federal Advisory Committee Act,'' and inserting
``section 1013 of title 5, United States Code,''.
(229) Section 337(c) of the Public Health Service Act (42
U.S.C. 254j(c)) is amended by striking ``Section 14 of the
Federal Advisory
[[Page H6808]]
Committee Act'' and inserting ``Section 1013 of title 5,
United States Code,''.
(230) Section 399U(e) of the Public Health Service Act (42
U.S.C. 280g-10(e)) is amended by striking ``Appendix 2 of
title 5, United States Code.'' and inserting ``chapter 10 of
title 5, United States Code.''.
(231) Section 402(b) (matter after last paragraph) of the
Public Health Service Act (42 U.S.C. 282(b) (matter after
last paragraph)) is amended by striking ``The Federal
Advisory Committee Act'' and inserting ``Chapter 10 of title
5, United States Code,''.
(232) Section 405(c) (matter after paragraph (4)) of the
Public Health Service Act (42 U.S.C. 284(c)) is amended by
striking ``The Federal Advisory Committee Act'' and inserting
``Chapter 10 of title 5, United States Code,''.
(233) Section 14(d) of the Best Pharmaceuticals for
Children Act (42 U.S.C. 284m-1(d)) is amended by striking
``section 14 of the Federal Advisory Committee Act,'' and
inserting ``section 1013 of title 5, United States Code,''.
(234) Section 452(c)(1) (matter after subparagraph (F)) of
the Public Health Service Act (42 U.S.C. 285g-4(c)(1)) is
amended by striking ``The Federal Advisory Committee Act''
and inserting ``Chapter 10 of title 5, United States Code,''.
(235) Section 3(d)(1) of the ICCVAM Authorization Act of
2000 (42 U.S.C. 285l-3(d)(1)) is amended by striking ``the
Federal Advisory Committee Act.'' and inserting ``chapter 10
of title 5, United States Code.''.
(236) Section 501(h) of the Public Health Service Act (42
U.S.C. 290aa(h)) is amended by striking ``The Federal
Advisory Committee Act'' and inserting ``Chapter 10 of title
5, United States Code,''.
(237) Section 749(g) of the Public Health Service Act (42
U.S.C. 293l(g)) is amended--
(A) in the subsection heading, by striking ``FACA'' and
inserting ``Chapter 10 of Title 5, United States Code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act shall apply to the Advisory Committee under this section
only to the extent that the provisions of such Act'' and
inserting ``Chapter 10 of title 5, United States Code, shall
apply to the Advisory Committee under this section only to
the extent that the provisions of chapter 10 of title 5,
United States Code,''.
(238) Section 757(g) of the Public Health Service Act (42
U.S.C. 294f(g)) is amended--
(A) in the subsection heading, by striking ``FACA'' and
inserting ``Chapter 10 of Title 5, United States Code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act shall apply to the Advisory Committee under this section
only to the extent that the provisions of such Act'' and
inserting ``Chapter 10 of title 5, United States Code, shall
apply to the Advisory Committee under this section only to
the extent that the provisions of chapter 10 of title 5,
United States Code,''.
(239) Section 5101(c)(1) of the Patient Protection and
Affordable Care Act (42 U.S.C. 294q(c)(1)) is amended by
striking ``section 5 of the Federal Advisory Committee Act (5
U.S.C. App.).'' and inserting ``section 1004 of title 5,
United States Code.''.
(240) Section 851(h) of the Public Health Service Act (42
U.S.C. 297t(h)) is amended--
(A) in the subsection heading, by striking ``FACA'' and
inserting ``Chapter 10 of Title 5, United States Code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act shall apply to the Advisory Committee under this section
only to the extent that the provisions of such Act'' and
inserting ``Chapter 10 of title 5, United States Code, shall
apply to the Advisory Committee under this section only to
the extent that the provisions of chapter 10 of title 5,
United States Code,''.
(241) Section 915(a)(5) of the Public Health Service Act
(42 U.S.C. 299b-4(a)(5)) is amended by striking ``Appendix 2
of title 5, United States Code.'' and inserting ``chapter 10
of title 5, United States Code.''.
(242) Section 942(j) of the Public Health Service Act (42
U.S.C. 299c(j)) is amended by striking ``section 14(a) of the
Federal Advisory Committee Act,'' and inserting ``section
1013(a) of title 5, United States Code,''.
(243) Section 941(c)(3) of the Public Health Service Act
(42 U.S.C. 299c-1(c)(3)) is amended by striking ``section
14(a) of the Federal Advisory Committee Act,'' and inserting
``section 1013(a) of title 5, United States Code,''.
(244) Section 1111(g) of the Public Health Service Act (42
U.S.C. 300b-10(g)) is amended--
(A) in paragraph (1), by striking ``section 14 of the
Federal Advisory Committee Act,'' and inserting ``section
1013 of title 5, United States Code,''; and
(B) in paragraph (2), by striking ``the Federal Advisory
Committee Act, an advisory committee established by the
President or an officer of the Federal Government under
section 9(a) of such Act.'' and inserting ``chapter 10 of
title 5, United States Code, an advisory committed
established by the President or an officer of the Federal
Government under section 1008(a) of title 5, United States
Code.''.
(245) Section 1446(d) of the Public Health Service Act (42
U.S.C. 300j-5(d)) is amended by striking ``Section 14(a) of
the Federal Advisory Committee Act (relating to
termination)'' and inserting ``Section 1013(a) of title 5,
United States Code (relating to termination),''.
(246) Section 3002(e) of the Public Health Service Act (42
U.S.C. 300jj-12(e)) is amended--
(A) in the subsection heading, by striking ``FACA'' and
inserting ``Chapter 10 of Title 5, United States Code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.), other than section 14 of such Act,'' and
inserting ``Chapter 10 of title 5, United States Code, other
than section 1013 of title 5, United States Code,''.
(247) Section 3302(a)(6) of the Public Health Service Act
(42 U.S.C. 300mm-1(a)(6)) is amended--
(A) in the paragraph heading, by striking ``faca'' and
inserting ``chapter 10 of title 5, united states code''; and
(B) in text, by striking ``the Federal Advisory Committee
Act.'' and inserting ``Chapter 10 of title 5, United States
Code.''.
(248) Section 3(b)(3) of the Social Security Disability
Benefits Reform Act of 1984 (Public Law 98-460, 42 U.S.C. 423
note) is amended by striking ``the Federal Advisory Committee
Act)'' and inserting ``Chapter 10 of title 5, United States
Code)''.
(249) Section 703(h) of the Social Security Act (42 U.S.C.
903(h)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5, United States Code''; and
(B) in text, by striking ``the Federal Advisory Committee
Act (5 U.S.C. App.).'' and inserting ``chapter 10 of title 5,
United States Code.''.
(250) Section 5006(e)(1) of the American Recovery and
Reinvestment Act of 2009 (42 U.S.C. 1320b-24) is amended by
striking ``the Federal Advisory Committee Act (5 U.S.C.
App.)'' and inserting ``chapter 10 of title 5, United States
Code,''.
(251) Section 1834A(f)(2) of the Social Security Act (42
U.S.C. 1395m-1(f)(2)) is amended--
(A) in the paragraph heading, by striking ``faca'' and
inserting ``chapter 10 of title 5, united states code''; and
(B) in text, by striking ``the Federal Advisory Committee
Act (5 U.S.C. App.).'' and inserting ``chapter 10 of title 5,
United States Code.''.
(252) Section 1847(c)(4) of the Social Security Act (42
U.S.C. 1395w-3(c)(4)) is amended--
(A) in the paragraph heading, by striking ``faca'' and
inserting ``chapter 10 of title 5, united states code''; and
(B) in text, by striking ``the Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``chapter 10 of title 5,
United States Code,''.
(253) Section 3134(b)(1)(A) of the Patient Protection and
Affordable Care Act (Public Law 111-148, 42 U.S.C. 1395w-4
note) is amended by striking ``the Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``chapter 10 of title 5,
United States Code,''.
(254) Section 4012(c) of the Balanced Budget Act of 1997
(Pub. L. 105-33, 42 U.S.C. 1395w-23 note) is amended by
striking ``section 9(c) of the Federal Advisory Committee Act
(5 U.S.C. App.),'' and inserting ``section 1008(c) of title
5, United States Code,''.
(255) Section 1868(c)(1)(G) of the Social Security Act (42
U.S.C. 1395ee(c)(1)(G)) is amended by striking ``Section 14
of the Federal Advisory Committee Act (5 U.S.C. App.)'' and
inserting ``Section 1013 of title 5, United States Code,''.
(256) Section 2021(j) of the Social Security Act (42 U.S.C.
1397k(j)) is amended by striking ``Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.)'' and inserting
``Section 1013 of title 5, United States Code,''.
(257) Section 2022(j) of the Social Security Act (42 U.S.C.
1397k-1(j)) is amended by striking ``Section 14 of the
Federal Advisory Committee Act (5 U.S.C. App.)'' and
inserting ``Section 1013 of title 5, United States Code,''.
(258) Section 23(j) of the National Science Foundation
Authorization Act of 2002 (42 U.S.C. 1862n-9(j)) is amended
by striking ``Section 14 of the Federal Advisory Committee
Act'' and inserting ``Section 1013 of title 5, United States
Code,''.
(259) Section 1061(l)(2) of the National Security
Intelligence Reform Act of 2004 (42 U.S.C. 2000ee(l)(2)) is
amended by striking ``section 3(2) of the Federal Advisory
Committee Act (5 U.S.C. App.)).'' and inserting ``section
1001(2) of title 5, United States Code).''.
(260) Section 170(l) of the Atomic Energy Damages Act (42
U.S.C. 2210(l)) is amended--
(A) in paragraph (1), by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``chapter 10 of
title 5, United States Code,''; and
(B) in paragraph (4)--
(i) in subparagraph (A), by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.) and title 5, United States
Code.'' and inserting ``title 5, United States Code.''; and
(ii) in subparagraphs (E) and (F), by striking ``the
Federal Advisory Committee Act (5 U.S.C. App.)'' and
inserting ``chapter 10 of title 5, United States Code,''.
(261) Section 308 of the Denali Commission Act of 1998
(Public Law 105-277, 42 U.S.C. 3121 note) is amended--
(A) in the section heading, by striking ``FEDERAL ADVISORY
COMMITTEE ACT'' and inserting ``CHAPTER 10 OF TITLE 5, UNITED
STATES CODE''; and
(B) in text, by striking ``The Federal Advisory Committee
Act'' and inserting ``Chapter 10 of title 5, United States
Code,''.
(262) Section 309(b)(5) of the Denali Commission Act of
1998 (Public Law 105-277, 42 U.S.C. 3121 note) is amended--
[[Page H6809]]
(A) in the paragraph heading, by striking ``FACA'' and
inserting ``Chapter 10 of title 5, united states code,''; and
(B) in text by striking ``the Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``chapter 10 of title 5,
United States Code,''.
(263) Section 1345(b) of the National Flood Insurance Act
of 1968 (42 U.S.C. 4081(b)) is amended by striking ``the
Federal Advisory Committee Act (5 U.S.C. App.).'' and
inserting ``chapter 10 of title 5, United States Code.''.
(264) Section 106(g) of the Energy Reorganization Act of
1974 (42 U.S.C. 5816(g)) is amended by striking ``the Federal
Advisory Committee Act (Public Law 92-463),'' and inserting
``chapter 10 of title 5, United States Code,''.
(265) Section 253(c)(1) of the Energy Policy and
Conservation Act (42 U.S.C. 6273(c)(1)) is amended by
striking ``sections 10 and 11 of the Federal Advisory
Committee Act,'' and inserting ``sections 1009 and 1010 of
title 5, United States Code,''.
(266) Section 624 of the Department of Energy Organization
Act (42 U.S.C. 7234) is amended by striking ``the Federal
Advisory Committee Act'' and inserting ``chapter 10 of title
5, United States Code,''.
(267) Section 3112 of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108-136, 42 U.S.C. 7234
note) is amended--
(A) in the section heading, by striking ``FEDERAL ADVISORY
COMMITTEE ACT'' and inserting ``CHAPTER 10 OF TITLE 5, UNITED
STATES CODE,''; and
(B) in text, by striking ``section 3 of the Federal
Advisory Committee Act (5 U.S.C. App.).'' and inserting
``section 1001 of title 5, United States Code.''.
(268) Section 3142(f) of the Department of Energy
Facilities Safeguards, Security, and Counterintelligence
Enhancement Act of 1999 (42 U.S.C. 7383(f)) is amended--
(A) in the subsection heading, by striking ``FACA'' and
inserting ``Chapter 10 of Title 5, United States Code''; and
(B) in text, by striking ``the Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``chapter 10 of title 5,
United States Code,''.
(269) Section 169B(c)(4) of the Clean Air Act (42 U.S.C.
7492(c)(4)) is amended by striking ``the Federal Advisory
Committee Act (5 U.S.C. Appendix 2, Section 1).'' and
inserting ``chapter 10 of title 5, United States Code.''.
(270) Section 176A(b)(2) of the Clean Air Act (42 U.S.C.
7506a(b)(2)) is amended by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.).'' and inserting ``chapter 10
of title 5, United States Code.''.
(271) Section 5(a)(5)(D) of the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7704(a)(5)(D)) is amended--
(A) in the subparagraph heading, by striking ``Federal
advisory committee act application'' and inserting
``Application of chapter 10 of title 5, united states code'';
and
(B) in text, by striking ``Section 14 of the Federal
Advisory Committee Act (5 App. U.S.C. 14)'' and inserting
``Section 1013 of title 5, United States Code,''.
(272) Section 172(e) of the Nuclear Waste Policy Act of
1982 (42 U.S.C. 10173b(e)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5, United States Code''; and
(B) in text, by striking ``the Federal Advisory Committee
Act'' and inserting ``chapter 10 of title 5, United States
Code,''.
(273) Section 408(10) of the Nuclear Waste Policy Act of
1982 (42 U.S.C. 10248(10)) is amended by striking ``the
Federal Advisory Committee Act (5 U.S.C. App.).'' and
inserting ``chapter 10 of title 5, United States Code.''.
(274) Section 163(c) of the National and Community Service
Act of 1990 (42 U.S.C. 12623(c)) is amended by striking
``Section 14 of the Federal Advisory Committee Act (5 U.S.C.
App.)'' and inserting ``Section 1013 of title 5, United
States Code,''.
(275) Section 192A(h) of the National and Community Service
Act of 1990 (42 U.S.C. 12651b(h)) is amended by striking
``The Federal Advisory Committee Act (5 U.S.C. App.)'' and
inserting ``Chapter 10 of title 5, United States Code,''.
(276) Section 103(h)(7) of the Energy Policy Act of 1992
(42 U.S.C. 13458(h)(7)) is amended by striking ``Section 14
of the Federal Advisory Committee Act'' and inserting
``Section 1013 of title 5, United States Code,''.
(277) Section 205(e) of the National Windstorm Impact
Reduction Act of 2004 (42 U.S.C. 15704(e)) is amended by
striking ``section 14(b)(2) of the Federal Advisory Committee
Act (5 U.S.C. App.), the Advisory Committee shall not be
required to file a charter subsequent to its initial charter,
filed under section 9(c) of such Act,'' and inserting
``section 1013(b)(2) of title 5, United States Code, the
Advisory Committee shall not be required to file a charter
subsequent to its initial charter, filed under section
1008(c) of title 5, United States Code,''.
(278) Section 990(b) of the Energy Research, Development,
Demonstration, and Commercial Application Act of 2005 (42
U.S.C. 16354(b)) is amended by striking ``the Federal
Advisory Committee Act (5 U.S.C. App.)'' and inserting
``chapter 10 of title 5, United States Code,''.
(279) Section 494(e) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17123(e)) is amended--
(A) in the subsection heading, by striking ``FACA
Exemption'' and inserting ``Exemption From Chapter 10 of
Title 5, United States Code''; and
(B) in text, by striking ``section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.).'' and inserting
``section 1013 of title 5, United States Code.''.
(280) Section 641(e)(3)(B) of the United States Energy
Storage Competitiveness Act of 2007 (42 U.S.C.
17231(e)(3)(B)) is amended--
(A) in the subparagraph heading, by striking ``Federal
advisory committee act'' and inserting ``Chapter 10 of title
5, united states code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(281) Section 1303(a)(3) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17383(a)(3)) is amended--
(A) in the paragraph heading, by striking ``federal
advisory committee act'' and inserting ``chapter 10 of title
5, united states code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(282) Section 1322(b)(4)(E) of the Patient Protection and
Affordable Care Act (42 U.S.C. 18042(b)(4)(E)) is amended--
(A) in the subparagraph heading, by striking ``faca'' and
inserting ``chapter 10 of title 5, united states code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.) shall apply to the advisory board, except
that section 14 of such Act'' and inserting ``Chapter 10 of
title 5, United States Code, shall apply to the advisory
board, except that section 1013 of title 5, United States
Code,''.
(283) Section 205 of the Energy and Water Development
Appropriations Act, 1993 (43 U.S.C. 1475a) is amended by
striking ``the Federal Advisory Committee Act (5 U.S.C.
Appendix (1988)):'' and inserting ``chapter 10 of title 5,
United States Code:''.
(284) Section 4(b) of the Colorado River Floodway
Protection Act (43 U.S.C. 1600b(b)) is amended by striking
``the Federal Advisory Committee Act (Public Law 92-463; 5
U.S.C. App. I)'' and inserting ``chapter 10 of title 5,
United States Code,''.
(285) Section 309(a) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1739(a)) is amended by
striking ``the Federal Advisory Committee Act (86 Stat. 770;
5 U.S.C. App. 1).'' and inserting ``chapter 10 of title 5,
United States Code.''.
(286) Section 8(d)(2) of the President John F. Kennedy
Assassination Records Collection Act of 1992 (Public Law 102-
526, 44 U.S.C. 2107 note) is amended by striking ``the
Federal Advisory Committee Act (5 U.S.C. App.).'' and
inserting ``chapter 10 of title 5, United States Code.''.
(287) Section 2701(b) of title 44, United States Code, is
amended by striking ``the Federal Advisory Committee Act (5
U.S.C. App.), except that the Committee shall be of permanent
duration, notwithstanding any provision of section 14 of the
Federal Advisory Committee Act.'' and inserting ``chapter 10
of title 5, except that the Committee shall be of permanent
duration, notwithstanding any provision of section 1013 of
title 5.''.
(288) Section 1168(a) of the Northeast Rail Service Act of
1981 (45 U.S.C. 1116(a)) is amended by striking ``the Federal
Advisory Committee Act,'' and inserting ``chapter 10 of title
5, United States Code,''.
(289) Section 613(a) of the Alaska Railroad Transfer Act of
1982 (45 U.S.C. 1212(a)) is amended by striking ``the Federal
Advisory Committee Act (5 U.S.C. App. 1 et seq.),'' and
inserting ``chapter 10 of title 5, United States Code,''.
(290) Section 7510(c)(9) of title 46, United States Code,
is amended--
(A) in the paragraph heading, by striking ``FACA'' and
inserting ``Chapter 10 of title 5''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title
5''.
(291) Section 9307 of title 46, United States Code, is
amended--
(A) in subsection (c)(2), by striking ``section 10(c) of
the Federal Advisory Committee Act (5 U.S.C. App.).'' and
inserting ``section 1009(c) of title 5.''; and
(B) in subsection (f)(1), by striking ``The Federal
Advisory Committee Act (5 U.S.C. App.)'' and inserting
``Chapter 10 of title 5''.
(292) Section 51313(d) of title 46, United States Code, is
amended by striking ``The Federal Advisory Committee Act (5
App. U.S.C.)'' and inserting ``Chapter 10 of title 5''.
(293) Section 109(a)(2) of the Maritime Transportation
Security Act of 2002 (Public Law 107-295, 46 U.S.C. 70101
note) is amended by striking ``the Federal Advisory Committee
Act (5 U.S.C. App.),'' and inserting ``chapter 10 of title 5,
United States Code,''.
(294) Section 70112(b)(4)(B) of title 46, United States
Code, is amended by striking ``section 10(c) of the Federal
Advisory Committee Act (5 U.S.C. App.).'' and inserting
``section 1009(c) of title 5.''.
(295) Section 70112(b)(7) of title 46, United States Code,
is amended--
(A) in the paragraph heading, by striking ``FACA'' and
inserting ``Chapter 10 of title 5''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title
5''.
(296) Section 332(b)(4) of the Communications Act of 1934
(47 U.S.C. 332(b)(4)) is
[[Page H6810]]
amended by striking ``the Federal Advisory Committee Act.''
and inserting ``chapter 10 of title 5, United States Code.''.
(297) Section 201(h) of the Twenty-First Century
Communications and Video Accessibility Act of 2010 (Public
Law 111-260, 47 U.S.C. 613 note) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5, United States Code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(298) Section 106(f) of the Twenty-First Century
Communications and Video Accessibility Act of 2010 (47 U.S.C.
615c(f)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5, United States Code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(299) Section 113 of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 923)
is amended--
(A) in subsection (h)(3)(E), by striking ``The Federal
Advisory Committee Act (5 U.S.C. App.)'' and inserting
``Chapter 10 of title 5, United States Code,''; and
(B) in subsection (i)(9), by striking ``The Federal
Advisory Committee Act (5 U.S.C. App.)'' and inserting
``Chapter 10 of title 5, United States Code,''.
(300) Section 603(f) of the Warning, Alert, and Response
Network Act (47 U.S.C. 1202(f)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5, United States Code''; and
(B) in text, by striking ``the Federal Advisory Committee
Act (5 U.S.C. App.) nor any rule, order, or regulation
promulgated under that Act'' and inserting ``chapter 10 of
title 5, United States Code, nor any rule, order, or
regulation promulgated under that chapter''.
(301) Section 6203(e) of the Middle Class Tax Relief and
Job Creation Act of 2012 (47 U.S.C. 1423(e)) is amended--
(A) in the subsection heading, by striking ``FACA'' and
inserting ``Chapter 10 of Title 5, United States Code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(302) Section 106(p)(5) of title 49, United States Code, is
amended--
(A) in the paragraph heading, by striking ``Federal
advisory committee act'' and inserting ``Chapter 10 of title
5''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title
5''.
(303) Section 1325(a)(4) of title 49, United States Code,
is amended by striking ``the Federal Advisory Committee
Act.'' and inserting ``chapter 10 of title 5.''.
(304) Section 6305(e) of title 49, United States Code, is
amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.) shall apply to the advisory council
established under this section, except that section 14 of
that Act'' and inserting ``Chapter 10 of title 5 shall apply
to the advisory council established under this section,
except that section 1013 of title 5''.
(305) Section 14504a(d)(9) of title 49, United States Code,
is amended--
(A) in the paragraph heading, by striking ``federal
advisory committee act'' and inserting ``chapter 10 of title
5''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title
5''.
(306) Section 20133(d) of title 49, United States Code, is
amended by striking ``the Federal Advisory Committee Act (5
U.S.C. App.),'' and inserting ``chapter 10 of title 5,''.
(307) Section 502(c)(5) of the Passenger Rail Investment
and Improvement Act of 2008 (Public Law 110-432, 49 U.S.C.
26106 note) is amended by striking ``the Federal Advisory
Committee Act (P.L. 92-463)'' and inserting ``chapter 10 of
title 5, United States Code,''.
(308) Section 30306(i) of title 49, United States Code, is
amended by striking ``sections 10(e) and (f) and 14 of the
Federal Advisory Committee Act (5 App. U.S.C.).'' and
inserting ``sections 1009(e) and (f) and 1013 of title 5.''.
(309) Section 4144(d) of the Motor Carrier Safety
Reauthorization Act of 2005 (Public Law 109-59, 49 U.S.C.
31100 note) is amended by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.),'' and inserting ``chapter 10
of title 5, United States Code,''.
(310) Section 5106(a)(5) of the FAST Act (Public Law 114-
94, 49 U.S.C. 31102 note) is amended by striking ``The
Federal Advisory Committee Act (5 U.S.C. App.)'' and
inserting ``Chapter 10 of title 5, United States Code,''.
(311) Section 274(b)(5)(C) of the Air Traffic Management
System Performance Improvement Act of 1996 (Public Law 104-
264, 49 U.S.C. 40101 note) is amended--
(A) in the subparagraph heading, by striking ``FACA'' and
inserting ``Chapter 10 of title 5, united states code,''; and
(B) in text, by striking ``the Federal Advisory Committee
Act (5 U.S.C. App.).'' and inserting ``chapter 10 of title 5,
United States Code.''.
(312) Section 805(d) of the National Parks Air Tour
Management Act of 2000 (Public Law 106-181, 49 U.S.C. 40128
note) is amended--
(A) in the subsection heading, by striking ``FACA'' and
inserting ``Chapter 10 of Title 5, United States Code''; and
(B) in paragraph (3)--
(i) in the paragraph heading, by striking ``FACA'' and
inserting ``Chapter 10 of title 5, united states code''; and
(ii) in text, by striking ``Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.)'' and inserting
``Section 1013 of title 5, United States Code,''.
(313) Section 44508(d) of title 49, United States Code, is
amended by striking ``Section 14 of the Federal Advisory
Committee Act (5 App. U.S.C.)'' and inserting ``Section 1013
of title 5''.
(314) Section 44511(f)(2) of title 49, United States Code,
is amended by striking ``Section 14 of the Federal Advisory
Committee Act'' and inserting ``Section 1013 of title 5''.
(315) Section 204(f) of the Airline Safety and Federal
Aviation Administration Extension Act of 2010 (Public Law
111-216, 49 U.S.C. 44701 note) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5, United States Code''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(316) Section 44903(f) of title 49, United States Code, is
amended by striking ``the Federal Advisory Committee Act (5
U.S.C. App.).'' and inserting ``chapter 10 of title 5.''.
(317) Section 44946(f) of title 49, United States Code, is
amended--
(A) in the subsection heading, by striking ``FACA'' and
inserting ``Chapter 10 of Title 5''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title
5''.
(318) Section 703(l) of the Public Interest
Declassification Act of 2000 (Public Law 106-567, 50 U.S.C.
3161 note) is amended by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``chapter 10 of
title 5, United States Code,''.
(319) Section 410(b)(3) of the Intelligence Authorization
Act for Fiscal Year 2010 (50 U.S.C. 3309(3)) is amended by
striking ``section 4(b)(3) of the Federal Advisory Committee
Act (5 U.S.C. App.) that an advisory committee cannot comply
with the requirements of such Act.'' and inserting ``section
1003(b)(3) of title 5, United States Code, that an advisory
committee cannot comply with the requirements of chapter 10
of title 5, United States Code.''.
(320) Section 19(c) of the National Security Agency Act of
1959 (50 U.S.C. 3617(c)) is amended by striking ``The Federal
Advisory Committee Act (5 U.S.C. App.)'' and inserting
``Chapter 10 of title 5, United States Code,''.
(321) Section 708(d)(1) of the Defense Production Act of
1950 (50 U.S.C. 4558(d)(1)) is amended by striking ``the
Federal Advisory Committee Act, whether or not such Act'' and
inserting ``chapter 10 of title 5, United States Code,
whether or not such chapter''.
(322) Section 708(n) of the Defense Production Act of 1950
(50 U.S.C. 4558(n)) is amended--
(A) in the subsection heading, by striking ``Advisory
Committee Act Provisions'' and inserting ``Chapter 10 of
Title 5, United States Code,''; and
(B) in text, by striking ``the Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``chapter 10 of title 5,
United States Code,''.
(323) Section 722(e) of the Defense Production Act of 1950
(50 U.S.C. 4567(e)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5, United States Code''; and
(B) in text, by striking ``the Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``chapter 10 of title 5,
United States Code,''.
(324) Section 121(b) of the National Aeronautics and Space
Administration Authorization Act, Fiscal Year 1991 (Public
Law 101-611, 51 U.S.C. 20111 note) is amended by striking
``section 14(a)(2) of the Federal Advisory Committee Act.''
and inserting ``section 1013(a) of title 5, United States
Code.''.
(325) Section 40308(a) of title 51, United States Code, is
amended by striking ``the Federal Advisory Committee Act (5
App. U.S.C.).'' and inserting ``chapter 10 of title 5.''.
(326) Section 60304(a) of title 51, United States Code, is
amended by striking ``section 14 of the Federal Advisory
Committee Act (5 App. U.S.C.),'' and inserting ``section 1013
of title 5,''.
(327) Section 70906(a) of title 51, United States Code, is
amended by striking ``the Federal Advisory Committee Act''
and inserting ``chapter 10 of title 5''.
(328) Section 100906(b) of title 54, United States Code, is
amended by striking ``Section 14(b) of the Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Section
1013(b) of title 5''.
(329) Section 101919(e) of title 54, United States Code, is
amended by striking ``the
[[Page H6811]]
Federal Advisory Committee Act (5 U.S.C. App.).'' and
inserting ``chapter 10 of title 5.''.
(330) Section 102303(h) of title 54, United States Code, is
amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5''; and
(B) in text, by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.), with the exception of section 14(b),''
and inserting ``Chapter 10 of title 5, with the exception of
section 1013(b),''.
(331) Section 304105(i) of title 54, United States Code, is
amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of Title
5''; and
(B) in text, by striking ``the Federal Advisory Committee
Act (5 U.S.C. App.).'' and inserting ``chapter 10 of title
5.''.
(b) Amendments To Update References to Inspector General
Act of 1978.--
(1) Subsection (d)(1) of the Library of Congress Inspector
General Act of 2005 (2 U.S.C. 185(d)(1)) is amended by
striking ``Sections 4, 5 (other than subsections (a)(13)),
6(a) (other than paragraphs (7) and (8) thereof), and 7 of
the Inspector General Act of 1978 (5 U.S.C. App.)'' and
inserting ``Sections 404, 405 (other than subsection
(b)(13)), 406(a) (other than paragraphs (7) and (8) thereof),
and 407 of title 5, United States Code,''.
(2) Section 3(8)(B)(xvii) of the Lobbying Disclosure Act of
1995 (2 U.S.C. 1602(8)(B)(xvii)) is amended by striking ``the
Inspector General Act of 1978,'' and inserting ``chapter 4 of
title 5, United States Code,''.
(3) Subsection (d)(1) of the Architect of the Capitol
Inspector General Act of 2007 (2 U.S.C. 1808(d)(1)) is
amended by striking ``Sections 4, 5 (other than subsections
(a)(13) and (e)(1)(B) thereof), 6 (other than subsection
(a)(7) and (8) thereof), and 7 of the Inspector General Act
of 1978 (5 U.S.C. App.)'' and inserting ``Sections 404, 405
(other than subsections (b)(13) and (f)(1)(B) thereof), 406
(other than subsection (a)(7) and (8) thereof), and 407 of
title 5, United States Code,''.
(4) Section 1004 of the Legislative Branch Appropriations
Act, 2006 (2 U.S.C. 1909) is amended--
(A) in subsection (c)(1), by striking ``section 4 of the
Inspector General Act of 1978, (5 U.S.C. App. 4),'' and
inserting ``section 404 of title 5, United States Code,'';
(B) in subsection (c)(2)--
(i) by striking ``section 5 (other than subsection (a)(13)
thereof) of the Inspector General Act of 1978, (5 U.S.C. App.
5).'' and inserting ``section 405 (other than subsection
(b)(13) thereof) of title 5, United States Code.'';
(ii) by striking ``section 5 of such Act'' and inserting
``section 405 of such title''; and
(iii) by striking ``section 5(b) of such Act.'' and
inserting ``section 405(c) of such title.''; and
(C) in subsection (d)(1), by striking ``section 6(a) of the
Inspector General Act of 1978, (5 U.S.C. App. 6(a)), other
than paragraphs (7) and (8) of such section.'' and inserting
``section 406(a) of title 5, United States Code, other than
paragraphs (7) and (8) of such section.''.
(5) Section 6(c) of the Inspector General Reform Act of
2008 (Public Law 110-409, 122 Stat. 4305) is amended by
striking ``sections 3(g) and 8G(g) of the Inspector General
Act of 1978 (5 U.S.C. App.) (as amended by this section).''
and inserting ``sections 403(g) and 415(g) of title 5, United
States Code.''.
(6) Section 4(d) of the Inspector General Reform Act of
2008 (Public Law 110-409, 122 Stat. 4304) is amended--
(A) in paragraph (1), by striking ``section 12(2) of the
Inspector General Act of 1978 (5 U.S.C. App.) (as amended by
section 7(a) of this Act);'' and inserting ``section 401 of
title 5, United States Code;'' and
(B) in paragraph (2), by striking ``section 8G(2) of the
Inspector General Act of 1978 (5 U.S.C. App.);'' and
inserting ``section 415(a) of title 5, United States Code;''.
(7) Section 101(d)(3) of title I of division C of the
Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999 (Public Law 105-277, 112 Stat. 2681-
585), as amended by section 1000(a)(5) [title II,
Sec. 239(a)] of Public Law 106-113 (113 Stat. 1536, 1501A-
302), is amended by striking ``section 8D(j) of the Inspector
General Act of 1978 (5 U.S.C. App.)'' and inserting ``section
412(j) of title 5, United States Code,''.
(8) Section 845(a)(1) of the Acquisition Improvement and
Accountability Act of 2007 (Public Law 110-181, div. A, title
VIII, 122 Stat. 240) is amended by striking ``the Inspector
General Act of 1978'' and inserting ``chapter 4 of title 5,
United States Code,''.
(9) Section 6009(b) of the Federal Acquisition Streamlining
Act of 1994 (Public Law 103-355, 108 Stat. 3367), as amended
by section 810 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106, 110 Stat. 394) is
amended by striking ``section 5(a)(3) of the Inspector
General Act of 1978 (5 U.S.C. App.)'' and inserting ``section
405(b)(3) of title 5, United States Code,''.
(10) Section 2 of Public Law 106-422 (114 Stat. 1873) is
amended--
(A) in subsection (a)(1), by striking ``the Inspector
General Act of 1978 (5 U.S.C. App.).'' and inserting
``chapter 4 of title 5, United States Code.'';
(B) in subsection (a)(2) (matter before subparagraph (A)),
by striking ``section 11 of the Inspector General Act of 1978
(5 U.S.C. App.)'' and inserting ``section 401 of title 5,
United States Code'';
(C) in subsection (a)(2)(B), by striking ``the Inspector
General Act of 1978 (5 U.S.C. App.).'' and inserting
``chapter 4 of title 5, United States Code.'';
(D) in subsection (b)(1), by striking ``the Inspector
General Act of 1978 (5 U.S.C. App.).'' and inserting
``chapter 4 of title 5, United States Code.'';
(E) in subsection (b)(2) (matter before subparagraph (A)),
by striking ``section 11 of the Inspector General Act of 1978
(5 U.S.C. App.)'' and inserting ``section 401 of title 5,
United States Code''; and
(F) in subsection (b)(2)(B), by striking ``the Inspector
General Act of 1978 (5 U.S.C. App.).'' and inserting
``chapter 4 of title 5, United States Code.''.
(11) Section 403(c) of the Intelligence Authorization Act
for Fiscal Year 2014 (Public Law 113-126, 128 Stat. 1409) is
amended by striking ``section 3 of the Inspector General Act
of 1978 (5 U.S.C. App.),'' and inserting ``section 403 of
title 5, United States Code,''.
(12) Section 413(c) of the Intelligence Authorization Act
for Fiscal Year 2014 (Public Law 113-126, 128 Stat. 1410) is
amended by striking ``section 3 of the Inspector General Act
of 1978 (5 U.S.C. App.),'' and inserting ``section 403 of
title 5, United States Code,''.
(13) Section 11314(a)(1) of the Passenger Rail Reform and
Investment Act of 2015 (Public Law 114-94, div. A, title XI,
129 Stat. 1674) is amended by striking ``the Inspector
General Act of 1978 (5 U.S.C. App.),'' and inserting
``chapter 4 of title 5, United States Code,''.
(14) The matter under the headings ``RELATED agencies'',
``Commission on civil rights'', ``salaries and expenses'',
and ``(including transfer of funds)'', in title IV of the
Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2013 (Public Law 113-6, div. B, 127 Stat.
266) is amended--
(A) in the 4th proviso, by striking ``the Inspector General
Act of 1978:'' and inserting ``chapter 4 of title 5, United
States Code:''; and
(B) in the 7th proviso (which is not classified to the
United States Code), by striking ``section 5 of the Inspector
General Act of 1978)'' and inserting ``section 405 of title
5, United States Code)''.
(15) Section 1229 of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181) is amended--
(A) in subsection (c)(6), by striking ``section 3(b) of the
Inspector General Act of 1978 (5 U.S.C. App.).'' and
inserting ``section 403(b) of title 5, United States Code.'';
(B) in subsection (f)(3)--
(i) in the paragraph heading, by striking ``inspector
general act of 1978'' and inserting ``chapter 4 of title 5,
united states code''; and
(ii) in text, by striking ``the Inspector General Act of
1978.'' and inserting ``chapter 4 of title 5, United States
Code.''; and
(C) in subsection (g)--
(i) in paragraph (1)--
(I) in the paragraph heading, by striking ``inspector
general act of 1978'' and inserting ``chapter 4 of title 5,
united states code''; and
(II) in text, by striking ``section 6 of the Inspector
General Act of 1978,'' and inserting ``section 406 of title
5, United States Code,''; and
(ii) in paragraph (2), by striking ``section 4(b)(1) of the
Inspector General Act of 1978.'' and inserting ``section
404(b)(1) of title 5, United States Code.''.
(16) The 2d proviso in the matter under the headings
``Chemical safety and hazard investigation board'' and
``salaries and expenses'' in title III of the Departments of
Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 2002 (Public Law
107-73, 115 Stat. 679) is amended by striking ``the Inspector
General Act of 1978, as amended:'' and inserting ``chapter 4
of title 5, United States Code:''.
(17) Section 3001 of the Emergency Supplemental
Appropriations Act for Defense and for the Reconstruction of
Iraq and Afghanistan, 2004 (Public Law 108-106) is amended--
(A) in subsection (c)(4), by striking ``section 3(b) of the
Inspector General Act of 1978 (5 U.S.C. App.).'' and
inserting ``section 403(b) of title 5, United States Code.'';
(B) in subsection (f)(3), by striking ``the Inspector
General Act of 1978.'' and inserting ``chapter 4 of title 5,
United States Code.'';
(C) in subsection (g)--
(i) in paragraph (1), by striking ``section 6 of the
Inspector General Act of 1978,'' and inserting ``section 406
of title 5, United States Code,''; and
(ii) in paragraph (2), by striking ``section 4(b)(1) of the
Inspector General Act of 1978.'' and inserting ``section
404(b)(1) of title 5, United States Code.''; and
(D) in subsection (i)(3), by striking ``section 5 of the
Inspector General Act of 1978.'' and inserting ``section 405
of title 5, United States Code.''.
(18) Section 409(b) of the Amtrak Reform and Accountability
Act of 1997 (Public Law 105-134, 111 Stat. 2587) is amended
by striking ``the Inspector General Act of 1978.'' and
inserting ``chapter 4 of title 5, United States Code.''.
(19) Section 102(e)(4) of the Inspector General Act
Amendments of 1988 (Public Law 100-504, 102 Stat. 2517) is
amended by striking ``section 3(b) of the Inspector General
Act of 1978.'' and inserting ``section 403(b) of title 5,
United States Code.''.
(20) Section 7 of the Special Inspector General for the
Troubled Asset Relief Program Act of 2009 (Public Law 111-15,
123 Stat. 1605) is amended by striking ``section 11 of the
Inspector General Act of 1978 (5 U.S.C. App.)''
[[Page H6812]]
and inserting ``section 424 of title 5, United States
Code,''.
(21) Section 103(b) of the Homeland Security Act of 2002 (6
U.S.C. 113(b)) is amended by striking ``the Inspector General
Act of 1978 (5 U.S.C. App.).'' and inserting ``chapter 4 of
title 5, United States Code.''.
(22) Section 1413(a)(1)(A) of the National Transit Systems
Security Act of 2007 (6 U.S.C. 1142(a)(1)(A)) is amended by
striking ``the Inspector General Act of 1978 (5 U.S.C. App.;
Public Law 95-452);'' and inserting ``chapter 4 of title 5,
United States Code;''.
(23) Section 1337 (matter after paragraph (3)) of the Food
Stamp and Commodity Distribution Amendments of 1981 (7 U.S.C.
2270 (matter after paragraph (3))) is amended by striking
``the authority provided in section 6, or described in
section 9, of the Inspector General Act of 1978 (5 U.S.C.
App. 6, 9).'' and inserting ``the authority provided in
section 406 of title 5, United States Code, or described in
section 9 of the Inspector General Act of 1978 (Public Law
95-452, 92 Stat. 1107).''.
(24) The proviso in the matter under the heading ``Office
of the inspector general (including transfers of funds)'' in
title I of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 1999
(7 U.S.C. 2270a) is amended by striking ``the Inspector
General Act of 1978,'' and inserting ``chapter 4 of title 5,
United States Code,''.
(25) Section 22(c) of the Department of Justice
Appropriation Authorization Act, Fiscal Year 1980 (Public Law
96-132, 8 U.S.C. 1551 note) is amended--
(A) in the matter before paragraph (1)--
(i) by striking ``the Inspector General Act of 1978 (Public
Law 95-452)'' and inserting ``chapter 4 of title 5, United
States Code,''; and
(ii) by striking ``such Act:'' and inserting ``such
chapter:'';
(B) in paragraph (1), by striking ``Section 4'' and
inserting ``Section 404'';
(C) in paragraph (2), by striking ``Section 5'' and
inserting ``Section 405'';
(D) in paragraph (3), by striking ``Section 6'' and
inserting ``Section 406''; and
(E) in paragraph (4), by striking ``Section 7'' and
inserting ``Section 407''.
(26) Section 141 of title 10, United States Code, is
amended--
(A) in subsection (a), by striking ``section 3 of the
Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C.
App. 3).'' and inserting ``section 403 of title 5.''; and
(B) in subsection (b), by striking ``the Inspector General
Act of 1978.'' and inserting ``chapter 4 of title 5.''.
(27) Section 1034(b)(1)(B)(ii) of title 10, United States
Code, is amended by striking ``the Inspector General Act of
1978;'' and inserting ``chapter 4 of title 5;''.
(28) Section 2409(g)(5) of title 10, United States Code, is
amended by striking ``the Inspector General Act of 1978'' and
inserting ``chapter 4 of title 5''.
(29) Section 1601(b) of the National Defense Authorization
Act for Fiscal Year 2014 (Public Law 113-66, 10 U.S.C. 2533a
note) is amended by striking ``section 8(f)(1) of the
Inspector General Act of 1978 (5 U.S.C. App.).'' and
inserting ``section 408(f)(1) of title 5, United States
Code.''.
(30) Section 7020(d) of title 10, United States Code, is
amended by striking ``the Inspector General Act of 1978 (5
U.S.C. App. 3)'' and inserting ``chapter 4 of title 5''.
(31) Section 8020(c) of title 10, United States Code, is
amended by striking ``the Inspector General Act of 1978 (5
U.S.C. App. 3)'' and inserting ``chapter 4 of title 5''.
(32) Section 9020(d) of title 10, United States Code, is
amended by striking ``the Inspector General Act of 1978 (5
U.S.C. App. 3)'' and inserting ``chapter 4 of title 5''.
(33) Section 216(j)(5)(A) of the Federal Credit Union Act
(12 U.S.C. 1790d(j)(5)(A)) is amended by striking ``section
8L of the Inspector General Act of 1978 (5 U.S.C. App.)'' and
inserting ``section 419 of title 5, United States Code,''.
(34) Section 1317(d) of the Federal Housing Enterprises
Financial Safety and Soundness Act of 1992 (12 U.S.C.
4517(d)) is amended by striking ``section 3(a) of the
Inspector General Act of 1978.'' and inserting ``section
403(a) of title 5, United States Code.''.
(35) Section 121 of the Emergency Economic Stabilization
Act of 2008 (12 U.S.C. 5231) is amended--
(A) in subsection (b)(4), by striking ``section 3(b) of the
Inspector General Act of 1978 (5 U.S.C. App.).'' and
inserting ``section 403(b) of title 5, United States Code.'';
(B) in subsection (b)(6), by striking ``section 3(e) of the
Inspector General Act of 1978 (5 U.S.C. App.).'' and
inserting ``section 403(e) of title 5, United States Code.'';
(C) in subsection (c)(3), by striking ``the Inspector
General Act of 1978.'' and inserting ``chapter 4 of title 5,
United States Code.'';
(D) in subsection (d)(1), by striking ``section 6 of the
Inspector General Act of 1978.'' and inserting ``section 406
of title 5, United States Code.'';
(E) in subsection (d)(2), by striking ``section 4(b)(1) of
the Inspector General Act of 1978.'' and inserting ``section
404(b)(1) of title 5, United States Code.'';
(F) in subsection (d)(3), by striking ``section 6(e)(3) of
the Inspector General Act of 1978 (5 U.S.C. App.)'' and
inserting ``section 406(f)(3) of title 5, United States
Code,''; and
(G) in subsection (h), by striking ``section 11 of the
Inspector General Act of 1978 (5 U.S.C. App.)'' and inserting
``section 424 of title 5, United States Code,''.
(36) Section 211 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (12 U.S.C. 5391) is amended--
(A) in subsection (d)(3), by striking ``section 5(a) of the
Inspector General Act of 1978 (5 U.S.C. App.),'' and
inserting ``section 405(b) of title 5, United States Code,'';
and
(B) in subsection (e)(3), by striking ``section 5(a) of the
Inspector General Act of 1978 (5 U.S.C. App.),'' and
inserting ``section 405(b) of title 5, United States Code,''.
(37) Section 30(b)(2)(B) of the Small Business Act (15
U.S.C. 657(b)(2)(B)) is amended by striking ``section 7 of
the Inspector General Act of 1978 (5 U.S.C. App.);'' and
inserting ``section 407 of title 5, United States Code;''.
(38) Section 6(d) of the John F. Kennedy Center Act (20
U.S.C. 76l(d)) is amended--
(A) by striking ``the Inspector General Act of 1978 (5
U.S.C. App. 3).'' and inserting ``chapter 4 of title 5,
United States Code.''; and
(B) by striking ``such Act'' and inserting ``such
chapter''.
(39) Section 432(f)(2) of the Higher Education Act of 1965
(20 U.S.C. 1082(f)(2)) is amended--
(A) by striking ``section 6(a)(4) of the Inspector General
Act of 1978,'' and inserting ``section 406(a)(4) of title 5,
United States Code,''; and
(B) by striking ``that Act'' and inserting ``chapter 4 of
title 5, United States Code,''.
(40) Section 202(c) of the Department of Education
Organization Act (20 U.S.C. 3412(c)) is amended by striking
``the Inspector General Act of 1978 (as amended by section
508(n) of this Act).'' and inserting ``chapter 4 of title 5,
United States Code.''.
(41) Section 211 of the Department of Education
Organization Act (20 U.S.C. 3422) is amended by striking
``the Inspector General Act of 1978 (as amended by section
508(n) of this Act).'' and inserting ``chapter 4 of title 5,
United States Code.''.
(42) Section 209(e)(1) of the Foreign Service Act of 1980
(22 U.S.C. 3929(e)(1)) is amended--
(A) by striking ``section 6 of the Inspector General Act of
1978'' and inserting ``section 406 of title 5, United States
Code,'';
(B) by striking ``section 11(2) of such Act)'' and
inserting ``section 401 of title 5, United States Code)'';
(C) by striking ``that Act,'' and inserting ``chapter 4 of
title 5, United States Code,''; and
(D) by striking ``section 6(b) and (c) of such Act.'' and
inserting ``section 406(c) and (d) of title 5, United States
Code.''.
(43) Section 339(c)(2) of the Admiral James W. Nance and
Meg Donovan Foreign Relations Authorization Act, Fiscal Years
2000 and 2001, as enacted by section 1000(a)(7) of Public Law
106-113 (22 U.S.C. 3929 note) is amended by striking
``section 7(b) of the Inspector General Act of 1978 (5 U.S.C.
app.);'' and inserting ``section 407(b) of title 5, United
States Code;''.
(44) Section 413(b) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4861(b)) is amended by
striking ``the Inspector General Act of 1978.'' and inserting
``chapter 4 of title 5, United States Code.''.
(45) Section 308(j)(3) of the United States International
Broadcasting Act of 1994 (22 U.S.C. 6207(j)(3)) is amended by
striking ``the Inspector General Act of 1978'' and inserting
``chapter 4 of title 5, United States Code,''.
(46) Section 7803(d) of the Internal Revenue Code of 1986
(26 U.S.C. 7803(d)) is amended--
(A) in paragraph (1) (matter before subparagraph (A)), by
striking ``section 5 of the Inspector General Act of 1978''
and inserting ``section 405 of title 5, United States Code'';
and
(B) in paragraph (2)(A) (matter before clause (i)), by
striking ``section 5 of the Inspector General Act of 1978''
and inserting ``section 405 of title 5, United States Code''.
(47) Section 9(b)(2) of Wagner-Peyser Act (29 U.S.C.
49h(b)(2)) is amended by striking ``the Inspector General
Act.'' and inserting ``chapter 4 of title 5, United States
Code.''.
(48) Section 185(b)(3)(D) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3245(b)(3)(D)) is amended by
striking ``the Inspector General Act of 1978 (5 U.S.C.
App.)'' and inserting ``chapter 4 of title 5, United States
Code,''.
(49) Section 902(b)(2) of title 31, United States Code, is
amended by striking ``the Inspector General Act of 1978 (5
U.S.C. App.).'' and inserting ``chapter 4 of title 5.''.
(50) Section 1105(a)(25) of title 31, United States Code,
is amended by striking ``section 11(2) of the Inspector
General Act of 1978.'' and inserting ``section 401 of title
5.''.
(51) Section 301(27) of the Community Renewal Tax Relief
Act of 2000, as enacted by section 1(a)(7) of the
Consolidated Appropriations Act, 2001 (Public Law 106-554, 31
U.S.C. 1113 note) is amended--
(A) in the matter before subparagraph (A), by striking
``the Inspector General Act of 1978 (Public Law 95-452):''
and inserting ``chapter 4 of title 5, United States Code:'';
(B) in subparagraph (A), by striking ``Section 5(b).'' and
inserting ``Section 405(c).''; and
(C) in subparagraph (B), by striking ``Section 5(d).'' and
inserting ``Section 405(e).''.
(52) Section 3003(a)(2)(A) of the Federal Reports
Elimination and Sunset Act of 1995 (Public Law 104-66, 31
U.S.C. 1113 note) is amended by striking ``the Inspector
General Act of 1978 (5 U.S.C. App.);'' and inserting
``chapter 4 of title 5, United States Code;''.
(53) Section 5(e)(1) of the Improper Payments Elimination
and Recovery Improvement Act of 2012 (Public Law 112-248, 31
[[Page H6813]]
U.S.C. 3321 note) is amended by striking ``subparagraph (A),
(B), or (I) of section 11(b)(1) of the Inspector General Act
of 1978 (5 U.S.C. App.)'' and inserting ``subparagraph (A),
(B), or (I) of section 424(b)(1) of title 5, United States
Code,''.
(54) Section 804(b) (matter before paragraph (1)) of the
Federal Financial Management Improvement Act of 1996 (Public
Law 104-208, div. A, Sec. 101(f) [title VIII], 31 U.S.C. 3512
note) is amended by striking ``section 5(a) of the Inspector
General Act of 1978 (5 U.S.C. App.)'' and inserting ``section
405(b) of title 5, United States Code,''.
(55) Section 3521(e)(1) of title 31, United States Code, is
amended by striking ``the Inspector General Act of 1978 (5
U.S.C. App.),'' and inserting ``chapter 4 of title 5,''.
(56) Section 3801(a) of title 31, United States Code, is
amended--
(A) in paragraph (1)(C), by striking ``section 11(2) of the
Inspector General Act of 1978)'' and inserting ``section 401
of title 5)'';
(B) in paragraph (1)(F), by striking ``section 8G(a)(2) of
the Inspector General Act of 1978)'' and inserting ``section
415(a) of title 5)'';
(C) in paragraph (4)(A)(i), by striking ``the Inspector
General Act of 1978'' and inserting ``chapter 4 of title 5'';
and
(D) in paragraph (4)(A)(ii), by striking ``the Inspector
General Act of 1978'' and inserting ``chapter 4 of title 5''.
(57) Section 3808(c) of title 31, United States Code, is
amended by striking ``the Inspector General Act of 1978'' and
inserting ``chapter 4 of title 5''.
(58) Section 9105(a)(1) of title 31, United States Code, is
amended by striking ``the Inspector General Act of 1978 (5
U.S.C. App.),'' and inserting ``chapter 4 of title 5,''.
(59) Section 3703 of the Crime Control Act of 1990 (34
U.S.C. 11298) is amended--
(A) in subsection (a) (matter before paragraph (1)), by
striking ``section 3 or 8G of the Inspector General Act of
1978 (5 U.S.C. App.)'' and inserting ``section 403 or 415 of
title 5, United States Code,''; and
(B) in subsection (b)(1), by striking ``the Inspector
General Act of 1978 (5 U.S.C. App.).'' and inserting
``chapter 4 of title 5, United States Code.''.
(60) Section 312 of title 38, United States Code, is
amended--
(A) in subsection (a), by striking ``the Inspector General
Act of 1978 (5 U.S.C. App.).'' and inserting ``chapter 4 of
title 5.''; and
(B) in subsection (c)(1) (matter before subparagraph (A)),
by striking ``the Inspector General Act of 1978 (5 U.S.C.
App.),'' and inserting ``chapter 4 of title 5,''.
(61) Section 7366(a)(1)(B) of title 38, United States Code,
is amended--
(A) by striking ``sections 4(a)(1) and 6(a)(1) of the
Inspector General Act of 1978,'' and inserting ``sections
404(a)(1) and 406(a)(1) of title 5,''; and
(B) by striking ``such Act.'' and inserting ``chapter 4 of
title 5.''.
(62) Section 202(e)(3) of title 39, United States Code, is
amended by striking ``section 8G(e) of the Inspector General
Act of 1978.'' and inserting ``section 415(e) of title 5.''.
(63) Section 410(b)(10) of title 39, United States Code, is
amended by striking ``the Inspector General Act of 1978;''
and inserting ``chapter 4 of title 5;''.
(64) Section 504(h)(1) of title 39, United States Code, is
amended by striking ``the Inspector General Act of 1978,''
and inserting ``chapter 4 of title 5,''.
(65) Section 1003 of title 39, United States Code, is
amended--
(A) in subsection (a), by striking ``section 8G of the
Inspector General Act of 1978,'' and inserting ``section 415
of title 5,''; and
(B) in subsection (b), by striking ``section 11(2) of the
Inspector General Act of 1978.'' and inserting ``section
401(1) of title 5.''.
(66) Section 2003(e)(1) of title 39, United States Code, is
amended by striking ``section 8G(f) of the Inspector General
Act of 1978.'' and inserting ``section 415(f) of title 5.''.
(67) Section 2009 of title 39, United States Code, is
amended by striking ``section 8G(f) of the Inspector General
Act of 1978,'' and inserting ``section 415(f) of title 5,''.
(68) Section 4(b) of the Mail Order Consumer Protection
Amendments of 1983 (Public Law 98-186, 39 U.S.C. 3005 note)
is amended by striking ``section 5 of the Inspector General
Act of 1978 (5 U.S.C. App.).'' and inserting ``section 405 of
title 5, United States Code.''.
(69) Section 3013 (matter after paragraph (6)) of title 39,
United States Code, is amended by striking ``section 5 of the
Inspector General Act of 1978'' and inserting ``section 405
of title 5''.
(70) Section 15704(a) of title 40, United States Code, is
amended by striking ``section 3(a) of the Inspector General
Act of 1978 (5 U.S.C. App.).'' and inserting ``section 403(a)
of title 5.''.
(71) Section 1505 of title 41, United States Code, is
amended by striking ``the Inspector General Act of 1978 (5
U.S.C. App.),'' and inserting ``chapter 4 of title 5,''.
(72) Section 4705(a)(3) of title 41, United States Code, is
amended by striking ``the Inspector General Act of 1978 (5
U.S.C. App.).'' and inserting ``chapter 4 of title 5.''.
(73) Section 4706(c)(1) of title 41, United States Code, is
amended by striking ``section 3 or 8G of the Inspector
General Act of 1978 (5 U.S.C. App.)'' and inserting ``section
403 or 415 of title 5''.
(74) Section 4712(g)(2) of title 41, United States Code, is
amended by striking ``the Inspector General Act of 1978'' and
inserting ``chapter 4 of title 5''.
(75) Section 351A(i)(2) of the Public Health Service Act
(42 U.S.C. 262a(i)(2)) is amended by striking ``section 6 of
the Inspector General Act of 1978 (5 U.S.C. App.).'' and
inserting ``section 406 of title 5, United States Code.''.
(76) Section 702(e) of the Social Security Act (42 U.S.C.
902(e)) is amended by striking ``section 3(a) of the
Inspector General Act of 1978.'' and inserting ``section
403(a) of title 5, United States Code.''.
(77) Section 1128A(m)(2)(B) of the Social Security Act (42
U.S.C. 1320a-7a(m)(2)(B)) is amended by striking ``the
Inspector General Act of 1978 (5 U.S.C. App.)'' and inserting
``chapter 4 of title 5, United States Code,''.
(78) Section 1128C(a) of the Social Security Act (42 U.S.C.
1320a-7c(a)) is amended--
(A) in paragraph (4), by striking ``paragraphs (3) through
(9) of section 6 of the Inspector General Act of 1978 (5
U.S.C. App.)'' and inserting ``paragraphs (3) through (9) of
section 406(a) of title 5, United States Code,''; and
(B) in paragraph (5), by striking ``the Inspector General
Act of 1978 (5 U.S.C. App.).'' and inserting ``chapter 4 of
title 5, United States Code.''.
(79) Section 1128D(a)(1)(C) of the Social Security Act (42
U.S.C. 1320a-7d(a)(1)(C)) is amended by striking ``section 5
of the Inspector General Act of 1978 (5 U.S.C. App.),'' and
inserting ``section 405 of title 5, United States Code,''.
(80) Section 322(a) of the Atomic Energy Act of 1954 (42
U.S.C. 2286k(a)) is amended by striking ``the Inspector
General Act of 1978 (5 U.S.C. App.).'' and inserting
``chapter 4 of title 5, United States Code.''.
(81) The last proviso in the matter under the heading
``Nuclear regulatory commission--office of inspector
general'' in title IV of the Energy and Water Development and
Related Agencies Appropriations Act, 2015 (42 U.S.C. 2286l)
is amended by striking ``the Inspector General Act of 1978 (5
U.S.C. App.)'' and inserting ``chapter 4 of title 5, United
States Code,''.
(82) Section 160 of the Energy Policy Act of 1992 (42
U.S.C. 8262f) is amended--
(A) in subsection (a) (matter before paragraph (1))--
(i) 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,''; and
(ii) 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,''; and
(B) in subsection (c), by striking ``section 2 of the
Inspector General Act of 1978 (5 U.S.C. App.)'' and inserting
``section 402 of title 5, United States Code,''.
(83) Section 183(c)(2)(B) of the National and Community
Service Act of 1990 (42 U.S.C. 12643(c)(2)(B)) is amended by
striking ``the Inspector General Act of 1978 (5 U.S.C.
App.).'' and inserting ``chapter 4 of title 5, United States
Code.''.
(84) Section 204(b)(2) of the National and Community
Service Trust Act of 1993 (Public Law 103-82, 42 U.S.C. 12651
note) is amended--
(A) in subparagraph (A), by striking ``the Inspector
General Act of 1978 (5 U.S.C. App.);'' and inserting
``chapter 4 of title 5, United States Code;''; and
(B) in subparagraph (B) (matter before clause (i)), by
striking ``the Inspector General Act of 1978,'' and inserting
``chapter 4 of title 5, United States Code,''.
(85) Section 192A(g)(6) of the National and Community
Service Act of 1990 (42 U.S.C. 12651b(g)(6)) is amended by
striking ``section 8E of the Inspector General Act of 1978;''
and inserting ``section 414 of title 5, United States
Code;''.
(86) Section 193A(a) of the National and Community Service
Act of 1990 (42 U.S.C. 12651d(a)) is amended by striking
``section 8E of the Inspector General Act of 1978.'' and
inserting ``section 414 of title 5, United States Code.''.
(87) Section 194(b)(2) of the National and Community
Service Act of 1990 (42 U.S.C. 12651e(b)(2)) is amended by
striking ``the Inspector General Act of 1978.'' and inserting
``chapter 4 of title 5, United States Code.''.
(88) Section 195(a) of the National and Community Service
Act of 1990 (42 U.S.C. 12651f(a)) is amended by striking
``section 8E of the Inspector General Act of 1978,'' and
inserting ``section 414 of title 5, United States Code,''.
(89) Section 3555(b)(1) of title 44, United States Code, is
amended by striking ``the Inspector General Act of 1978,''
and inserting ``chapter 4 of title 5,''.
(90) Section 3903(a) (matter before paragraph (1)) of title
44, United States Code, is amended by striking ``Sections 4,
5, 6 (other than subsection (a)(7) and (8) thereof), and 7 of
the Inspector General Act of 1978 (Public Law 95-452; 5
U.S.C. App. 3)'' and inserting ``Sections 404, 405, 406
(other than subsection (a)(7) and (8) thereof), and 407 of
title 5''.
(91) Section 9-A(b) of the Organic Act of Guam (48 U.S.C.
1422d(b)) is amended by striking ``the Inspector General Act
of 1978 (92 Stat. 1101), as amended.'' and inserting
``chapter 4 of title 5, United States Code.''.
(92) Section 17(b) of the Revised Organic Act of the Virgin
Islands (48 U.S.C. 1599(b)) is amended by striking ``the
Inspector General Act of 1978 (92 Stat. 1101), as amended.''
and inserting ``chapter 4 of title 5, United States Code.''.
(93) Section 501(c) of Public Law 96-205 (48 U.S.C.
1668(c)) is amended by striking ``the Inspector General Act
of 1978 (92 Stat. 1101),
[[Page H6814]]
as amended.'' and inserting ``chapter 4 of title 5, United
States Code.''.
(94) Section 4(b) of the Act of June 30, 1954 (48 U.S.C.
1681b(b)) is amended by striking ``the Inspector General Act
of 1978 (92 Stat. 1101), as amended.'' and inserting
``chapter 4 of title 5, United States Code.''.
(95) Section 114(o) of title 49, United States Code, is
amended by striking ``the Inspector General Act of 1978 (5
U.S.C. App.)'' and inserting ``chapter 4 of title 5''.
(96) Section 1137(c) of title 49, United States Code, is
amended by striking ``subsections (a) and (b) of section 6 of
the Inspector General Act of 1978 (5 U.S.C. App.).'' and
inserting ``subsections (a) and (c) of section 406 of title
5.''.
(97) Section 1326(c) of title 49, United States Code, is
amended by striking ``subsections (a) and (b) of section 6 of
the Inspector General Act of 1978 (5 U.S.C. App.).'' and
inserting ``subsections (a) and (c) of section 406 of title
5.''.
(98) Section 20109(a)(1)(A) of title 49, United States
Code, is amended by striking ``the Inspector General Act of
1978 (5 U.S.C. App.; Public Law 95-452);'' and inserting
``chapter 4 of title 5;''.
(99) Section 103H(k)(5)(H) of the National Security Act of
1947 (50 U.S.C. 3033(k)(5)(H)) is amended by striking
``section 8H of the Inspector General Act of 1978 (5 U.S.C.
App.).'' and inserting ``section 416 of title 5, United
States Code.''.
(100) Section 507(a)(1) of the National Security Act of
1947 (50 U.S.C. 3106(a)(1)) is amended by striking ``section
8H(g) of the Inspector General Act of 1978.'' and inserting
``section 416(h) of title 5, United States Code.''.
(101) Section 3001(j)(1)(C)(i) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (50 U.S.C.
3341(j)(1)(C)(i)) is amended by striking ``subsections
(a)(1), (d), and (h) of section 8H of the Inspector General
Act of 1978 (5 U.S.C. App.);'' and inserting ``subsections
(b)(1), (e), and (i) of section 416 of title 5, United States
Code;''.
(c) Amendments To Update References to Ethics in Government
Act of 1978.--
(1) Section 1201(c)(5) of the Legislative Branch
Appropriations Act, 2008 (2 U.S.C. 612(c)(5)) is amended by
striking ``the Ethics in Government Act of 1978 (5 U.S.C.
App.);'' and inserting ``chapter 131 of title 5, United
States Code;''.
(2) Section 301(k) of the Congressional Accountability Act
of 1995 (2 U.S.C. 1381(k)) is amended by striking ``title I
of the Ethics in Government Act of 1978'' and inserting
``subchapter I of chapter 131 of title 5, United States
Code,''.
(3) Section 3(4)(D) of the Lobbying Disclosure Act of 1995
(2 U.S.C. 1602(4)(D)) is amended by striking ``section
109(13) of the Ethics in Government Act of 1978 (5 U.S.C.
App.).'' and inserting ``section 13101(13) of title 5, United
States Code.''.
(4) Section 304 of the Honest Leadership and Open
Government Act of 2007 (2 U.S.C. 4712) is amended--
(A) in subsection (a)(2), by striking ``section 103(h)(1)
of the Ethics in Government Act of 1978'' and inserting
``section 13105(h)(1) of title 5, United States Code,''; and
(B) in subsection (c), by striking ``section 103(h)(1) of
the Ethics in Government Act of 1978,'' and inserting
``section 13105(h)(1) of title 5, United States Code,''.
(5) Section 901(a) of the Ethics Reform Act of 1989 (2
U.S.C. 4725(a)) is amended--
(A) in paragraph (2)(B), by striking ``section 102(a)(2)(A)
of the Ethics in Government Act of 1978;'' and inserting
``section 13104(a)(2)(A) of title 5, United States Code;'';
and
(B) in paragraph (3)(B), by striking ``section 107(2) of
title I of the Ethics in Government Act of 1978 (Public Law
95-521).'' and inserting ``section 13101(16) of title 5,
United States Code.''.
(6) Section 3374(c)(2) of title 5, United States Code, is
amended by striking ``the Ethics in Government Act of 1978,''
and inserting ``chapter 131 of this title,''.
(7) Section 1110(e)(2)(E) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84, 5
U.S.C. 3702 note) is amended by striking ``the Ethics in
Government Act of 1978;'' and inserting ``chapter 131 of
title 5, United States Code;''.
(8) Section 3704(b)(2)(E) of title 5, United States Code,
is amended by striking ``the Ethics in Government Act of
1978;'' and inserting ``chapter 131 of this title;''.
(9) Section 7353(d)(1)(E) of title 5, United States Code,
is amended by striking ``title I of the Ethics in Government
Act of 1978 are transmitted under such title,'' and inserting
``subchapter I of chapter 131 of this title are transmitted
under such subchapter,''.
(10) Section 2(a) of Public Law 110-402 (5 U.S.C. 7353
note) is amended--
(A) in paragraph (1), by striking ``section 109(5) of the
Ethics in Government Act of 1978 (5 U.S.C. App.).'' and
inserting ``section 13101(5) of title 5, United States
Code.''; and
(B) in paragraph (2), by striking ``section 109(10) of the
Ethics in Government Act of 1978 (5 U.S.C. App.).'' and
inserting ``section 13101(10) of title 5, United States
Code.''.
(11) Section 2 of the Stop Trading on Congressional
Knowledge Act of 2012 (Public Law 112-105, 126 Stat. 291, 5
U.S.C. App. 101 note) is amended--
(A) in paragraph (2)(B), by striking ``section 109(11) of
the Ethics in Government Act of 1978 (5 U.S.C. App.
109(11))).'' and inserting ``section 13101(11) of title 5,
United States Code).'';
(B) in paragraph (4), by striking ``section 109(10) of the
Ethics in Government Act of 1978 (U.S.C. App. 109(10)).'' and
inserting ``section 13101(10) of title 5, United States
Code.'';
(C) in paragraph (5), by striking ``section 109(8) of the
Ethics in Government Act of 1978 (5 U.S.C. App. 109(8)).''
and inserting ``section 13101(9) of title 5, United States
Code.''; and
(D) in paragraph (6), by striking ``section 109(18) of the
Ethics in Government Act of 1978 (5 U.S.C. App. 109(18)).''
and inserting ``section 13101(18) of title 5, United States
Code.''.
(12) Section 17(a) of the Stop Trading on Congressional
Knowledge Act of 2012 (Public Law 112-105, 126 Stat. 303, 5
U.S.C. App. 101 note) is amended by striking ``section 101 of
the Ethics in Government Act of 1978 (5 U.S.C. App. 101)''
and inserting ``section 13103 of title 5, United States
Code,''.
(13) Section 22(c) of the Lobbying Disclosure Act of 1995
(Public Law 104-65, 109 Stat. 705, 5 U.S.C. App. 102 note) is
amended by striking ``title I of the Ethics in Government Act
of 1978'' and inserting ``subchapter I of chapter 131 of
title 5, United States Code,''.
(14) Section 1003(b) of the Legislative Branch
Appropriations Act, 2006 (Public Law 109-55, 119 Stat. 572, 5
U.S.C. App. 103 note) is amended by striking ``the Ethics in
Government Act of 1978'' and inserting ``chapter 131 of title
5, United States Code,''.
(15) Section 8 of the Stop Trading on Congressional
Knowledge Act of 2012 (Public Law 112-105, 126 Stat. 295, 5
U.S.C. App. 105 note) is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``title I of the Ethics
in Government Act of 1978'' and inserting ``subchapter I of
chapter 131 of title 5, United States Code,''; and
(ii) in paragraph (3), by striking ``section 103(l) of the
Ethics in Government Act of 1978, as added by this Act,'' and
inserting ``section 13105(l) of title 5, United States
Code,''; and
(B) in subsection (b)--
(i) in paragraph (1)--
(I) in subparagraph (A), by striking ``section 103(h)(1)(A)
of title I of the Ethics in Government Act of 1978;'' and
inserting ``section 13105(h)(1)(A) of title 5, United States
Code;''; and
(II) in subparagraph (B)--
(aa) in clause (ii), by striking ``section 103(l) of the
Ethics in Government Act of 1978,'' and inserting ``section
13105(l) of title 5, United States Code,''; and
(bb) in the matter following clause (iii), by striking
``title I of the Ethics in Government Act of 1978 (5 U.S.C.
App. 101 et seq.),'' and inserting ``subchapter I of chapter
131 of title 5, United States Code,'';
(ii) in paragraph (2), by striking ``section 105(b)(2) of
the Ethics in Government Act of 1978'' and inserting
``section 13107(b)(2) of title 5, United States Code,'';
(iii) in paragraph (3), by striking ``section 105(b)(1) of
the Ethics in Government Act of 1978,'' and inserting
``section 13107(b)(1) of title 5, United States Code,''; and
(iv) in paragraph (4), by striking ``the Ethics in
Government Act of 1978'' and inserting ``chapter 131 of title
5, United States Code,''.
(16) Section 11 of the Stop Trading on Congressional
Knowledge Act of 2012 (Public Law 112-105, 126 Stat. 298, 5
U.S.C. App. 105 note) is amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) by striking ``title I of the Ethics in Government Act
of 1978 (5 U.S.C. App. 101 et seq.),'' and inserting
``subchapter I of chapter 131 of title 5, United States
Code,''; and
(II) by striking ``section 101 of that Act'' and inserting
``section 13103 of title 5, United States Code,''; and
(ii) in paragraph (3), by striking ``section 103(l) of the
Ethics in Government Act of 1978, as added by this Act,'' and
inserting ``section 13105(l) of title 5, United States
Code,''; and
(B) in subsection (b)--
(i) in paragraph (1)--
(I) in subparagraph (A), by striking ``section 103 of the
Ethics in Government Act of 1978 (5 U.S.C. App. 103),'' and
inserting ``section 13105 of title 5, United States Code,'';
(II) in subparagraph (B)(ii), by striking ``section 103(l)
of the Ethics in Government Act of 1978,'' and inserting
``section 13105(l) of title 5, United States Code,''; and
(III) in the matter following clause (iii) of subparagraph
(B), by striking ``title I of the Ethics in Government Act of
1978 (5 U.S.C. App. 101 et seq.),'' and inserting
``subchapter I of chapter 131 of title 5, United States
Code,'';
(ii) in paragraph (2), by striking ``section 105(b)(2) of
the Ethics in Government Act of 1978 (5 U.S.C. App.
105(b)(2))'' and inserting ``section 13107(b)(2) of title 5,
United States Code,'';
(iii) in paragraph (3), by striking ``section 105(b)(1) of
the Ethics in Government Act of 1978 (5 U.S.C. App.
105(b)(1)),'' and inserting ``section 13107(b)(1) of title 5,
United States Code,''; and
(iv) in paragraph (4), by striking ``title I of the Ethics
in Government Act of 1978'' and inserting ``subchapter I of
chapter 131 of title 5, United States Code,''.
(17) Section 902(a) of the Ethics Reform Act of 1989
(Public Law 101-194, 103 Stat. 1780, 5 U.S.C. App. 111 note)
is amended by striking ``title I of the Ethics in Government
Act of 1978'' and inserting ``subchapter I of chapter 131 of
title 5, United States Code,''.
(18) Section 7601(f)(4)(B)(ii) of the Agricultural Act of
2014 (7 U.S.C. 5939(f)(4)(B)(ii)) is amended by striking
``section 109 of the Ethics in Government Act of 1978 (5
U.S.C.
[[Page H6815]]
App.))'' and inserting ``section 13101 of title 5, United
States Code)''.
(19) Section 1110(g)(2)(E) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92, 10
U.S.C. 1701 note) is amended by striking ``the Ethics in
Government Act of 1978 (5 U.S.C. App. 101 et seq.);'' and
inserting ``chapter 131 of title 5, United States Code;''.
(20) Section 232(b)(3)(B)(v) of the Carl Levin and Howard
P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291, 10 U.S.C. 2358 note) is
amended by striking ``The Ethics in Government Act of 1978 (5
U.S.C. App.).'' and inserting ``Chapter 131 of title 5,
United States Code.''.
(21) Section 2904(h) of title 10, United States Code, is
amended by striking ``title I of the Ethics in Government Act
of 1978 (5 U.S.C. App.).'' and inserting ``subchapter I of
chapter 131 of title 5.''.
(22) Section 3(k)(2)(C) of the Export-Import Bank Act of
1945 (12 U.S.C. 635a(k)(2)(C)) is amended by striking ``the
Ethics in Government Act of 1978 (5 U.S.C. App. 101 et
seq.).'' and inserting ``chapter 131 of title 5, United
States Code.''.
(23) Section 5.11(c)(2)(C)(i) of the Farm Credit Act of
1971 (12 U.S.C. 2245(c)(2)(C)(i)) is amended by striking
``the Ethics in Government Act of 1978;'' and inserting
``chapter 131 of title 5, United States Code;''.
(24) Section 21A of the Securities Exchange Act of 1934 (15
U.S.C. 78u-1) is amended--
(A) in subsection (g)(2)(B)(ii), by striking ``section
109(11) of the Ethics in Government Act of 1978 (5 U.S.C.
App. 109(11))).'' and inserting ``section 13101(11) of title
5, United States Code).'';
(B) in subsection (h)(2)--
(i) in subparagraph (B), by striking ``section 109(8) of
the Ethics in Government Act of 1978 (5 U.S.C. App.
109(8));'' and inserting ``section 13101(9) of title 5,
United States Code;''; and
(ii) in subparagraph (C), by striking ``section 109(10) of
the Ethics in Government Act of 1978 (5 U.S.C. App.
109(10)).'' and inserting ``section 13101(10) of title 5,
United States Code.''; and
(C) in subsection (i), by striking ``section 101(f) of the
Ethics in Government Act of 1978'' and inserting ``section
13103(f) of title 5, United States Code,''.
(25) Section 208(c)(2) of the Consumer Product Safety
Improvement Act of 2008 (15 U.S.C. 2053a(c)(2)) is amended by
striking ``the Ethics in Government Act (5 U.S.C. App.)'' and
inserting ``chapter 131 of title 5, United States Code,''.
(26) Section 103(c)(5) of the Omnibus Parks and Public
Lands Management Act of 1996 (Public Law 104-333, 16 U.S.C.
460bb note) is amended by striking ``the Ethics in Government
Act,'' and inserting ``chapter 131 of title 5, United States
Code,''.
(27) Section 208 of title 18, United States Code, is
amended--
(A) in subsection (b)(3), by striking ``the Ethics in
Government Act of 1978,'' and inserting ``chapter 131 of
title 5,''; and
(B) in subsection (d)(1)--
(i) by striking ``section 105 of the Ethics in Government
Act of 1978.'' and inserting ``section 13107 of title 5.'';
and
(ii) by striking ``the Ethics in Government Act of 1978.''
and inserting ``chapter 131 of title 5.''.
(28) Section 116(c)(4)(D) of the Education Sciences Reform
Act of 2002 (20 U.S.C. 9516(c)(4)(D)) is amended by striking
``the Ethics in Government Act of 1978.'' and inserting
``chapter 131 of title 5, United States Code.''.
(29) Section 712(c) (matter before paragraph (1)) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379d-1(c)
(matter before paragraph (1))) is amended by striking
``section 107(a)(2) of the Ethics in Government Act of
1978,'' and inserting ``section 13109(a)(2) of title 5,
United States Code,''.
(30) Section 1103(d)(1)(D) of the Panama Canal Act of 1979
(22 U.S.C. 3613(d)(1)(D)) is amended by striking ``sections
501(a) and 502(a)(4) of the Ethics in Government Act of 1978
(5 U.S.C. App.),'' and inserting ``sections 13143(a) and
13144(a)(4) of title 5, United States Code,''.
(31) Section 1112(b)(5) of the Panama Canal Act of 1979 (22
U.S.C. 3622(b)(5)) is amended by striking ``the Ethics in
Government Act of 1978 (92 Stat. 1824), as amended;'' and
inserting ``chapter 131 of title 5, United States Code;''.
(32) Section 3504(b) of the Panama Canal Commission
Authorization Act for Fiscal Year 1994 (Public Law 103-160,
div. C, title XXXV, 22 U.S.C. 3641 note) is amended by
striking ``the Ethics in Government Act of 1978 (5 U.S.C.
App.),'' and inserting ``chapter 131 of title 5, United
States Code,''.
(33) Section 7701(k) (matter before paragraph (1)) of the
Internal Revenue Code of 1986 (26 U.S.C. 7701(k) (matter
before paragraph (1))) is amended by striking ``section
501(b) of the Ethics in Government Act of 1978,'' and
inserting ``section 13143(b) of title 5, United States
Code,''.
(34) Section 7802(b)(3)(A) of the Internal Revenue Code of
1986 (26 U.S.C. 7802(b)(3)(A)) is amended by striking
``section 101(f) of the Ethics in Government Act of 1978 for
purposes of title I of such Act, except that section 101(d)
of such Act'' and inserting ``section 13103(f) of title 5,
United States Code, for purposes of subchapter I of chapter
131 of such title, except that section 13103(d) of such
title''.
(35) Section 731(i)(5) of title 31, United States Code, is
amended by striking ``the Ethics in Government Act of 1978 (5
U.S.C. App.);'' and inserting ``chapter 131 of title 5;''.
(36) Section 3730(e)(2)(B) of title 31, United States Code,
is amended by striking ``section 101(f) of the Ethics in
Government Act of 1978 (5 U.S.C. App.).'' and inserting
``section 13103(f) of title 5.''.
(37) Section 3(h)(4)(A) of the National Foundation on
Fitness, Sports, and Nutrition Establishment Act (Public Law
111-332, 36 U.S.C. note prec. 20101) is amended by striking
``section 109(16) of the Ethics in Government Act, 1978)''
and inserting ``section 13101(16) of title 5, United States
Code)''.
(38) Section 399G(h)(4)(A) of the Public Health Service Act
(42 U.S.C. 280e-11(h)(4)(A)) is amended by striking ``the
Ethics in Government Act,'' and inserting ``chapter 131 of
title 5, United States Code,''.
(39) Section 499(j)(2) of the Public Health Service Act (42
U.S.C. 290b(j)(2)) is amended by striking ``section 109(16)
of the Ethics in Government Act of 1978)'' and inserting
``section 13101(16) of title 5, United States Code)''.
(40) Section 5101(c)(2)(D) of the Patient Protection and
Affordable Care Act (42 U.S.C. 294q(c)(2)(D)) is amended by
striking ``title I of the Ethics in Government Act of 1978.''
and inserting ``subchapter I of chapter 131 of title 5,
United States Code.''.
(41) Section 1805(c)(2)(D) of the Social Security Act (42
U.S.C. 1395b-6(c)(2)(D)) is amended by striking ``title I of
the Ethics in Government Act of 1978 (Public Law 95-521).''
and inserting ``subchapter I of chapter 131 of title 5,
United States Code.''.
(42) Section 1868(c)(1)(B)(iv) of the Social Security Act
(42 U.S.C. 1395ee(c)(1)(B)(iv)) is amended by striking
``title I of the Ethics in Government Act of 1978 (Public Law
95-521).'' and inserting ``subchapter I of chapter 131 of
title 5, United States Code.''.
(43) Section 1900(c)(2)(D) of the Social Security Act (42
U.S.C. 1396(c)(2)(D)) is amended by striking ``title I of the
Ethics in Government Act of 1978 (Public Law 95-521).'' and
inserting ``subchapter I of chapter 131 of title 5, United
States Code.''.
(44) Section 204 of the National Science Foundation
Authorization Act of 1998 (42 U.S.C. 1862m) is amended by
striking ``the Ethics in Government Act of 1978 (5 U.S.C.
App.)'' and inserting ``chapter 131 of title 5, United States
Code,''.
(45) Section 109(b) of the Puerto Rico Oversight,
Management, and Economic Stability Act (48 U.S.C. 2129(b)) is
amended by striking ``section 102 of the Ethics in Government
Act of 1978 (5 U.S.C. App.).'' and inserting ``section 13104
of title 5, United States Code.''.
(46) Section 106(p)(6)(I)(i) of title 49, United States
Code, is amended by striking ``section 101(f) of the Ethics
in Government Act of 1978 for purposes of title I of such
Act; except that section 101(d) of such Act'' and inserting
``section 13103(f) of title 5 for purposes of subchapter I of
chapter 131 of such title; except that section 13103(d) of
such title''.
(47) Section 710(b)(5)(B) of the Defense Production Act of
1950 (50 U.S.C. 4560(b)(5)(B)) is amended--
(A) by striking ``section 101 of the Ethics in Government
Act of 1978,'' and inserting ``section 13103 of title 5,
United States Code,''; and
(B) by striking ``section 107 of that Act'' and inserting
``section 13109 of title 5, United States Code,''.
(d) Amendments To Update Tables of Contents in Title 5,
United States Code.--
(1) Table of contents of title.--The table of contents of
title 5, United States Code, is amended by inserting after
the item relating to part III the following:
``IV. Ethics Requirements..................................13101''.....
(2) Table of contents of part i.--The table of contents of
part I of title 5, United States Code, is amended--
(A) by inserting after the item relating to chapter 3 the
following:
``4. Inspectors General......................................401'';....
and
(B) by inserting after the item relating to chapter 9 the
following:
``10. Federal Advisory Committees...........................1001''.....
(3) Table of contents of part iv.--Part IV of title 5,
United States Code, as inserted by section 3(c), is amended
by inserting after the heading of part IV the following:
``Chap. Sec.
``131. Ethics in Government................................13101''.....
SEC. 5. TRANSITIONAL AND SAVINGS PROVISIONS.
(a) Definitions.--In this section:
(1) Restated provision.--The term ``restated provision''
means a provision of title 5, United States Code, that is
enacted by section 3.
(2) Source provision.--The term ``source provision'' means
a provision of law that is replaced by a restated provision.
(b) Cutoff Date.--The restated provisions replace certain
provisions of law enacted on or before October 19, 2021. If a
law enacted after that date amends or repeals a source
provision, that law is deemed to amend or repeal, as the case
may be, the corresponding restated provision. If a law
enacted after that date is otherwise inconsistent with a
restated provision or a provision of this Act, that law
supersedes the restated provision or provision of this Act to
the extent of the inconsistency.
(c) Original Date of Enactment Unchanged.--A restated
provision is deemed to have been enacted on the date of
enactment of the corresponding source provision.
(d) References to Restated Provisions.--A reference to a
restated provision is deemed to refer to the corresponding
source provision.
[[Page H6816]]
(e) References to Source Provisions.--A reference to a
source provision, including a reference in a regulation,
order, or other law, is deemed to refer to the corresponding
restated provision.
(f) Regulations, Orders, and Other Administrative
Actions.--A regulation, order, or other administrative action
in effect under a source provision continues in effect under
the corresponding restated provision.
(g) Actions Taken and Offenses Committed.--An action taken
or an offense committed under a source provision is deemed to
have been taken or committed under the corresponding restated
provision.
(h) Legislative Construction.--An inference of legislative
construction is not to be drawn by reason of a restated
provision's location in the United States Code or by reason
of the heading used for the restated provision.
SEC. 6. EFFECT OF REFERENCES TO TITLE 5 ON APPLICATION OF
ETHICS PROVISIONS.
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.
SEC. 7. REPEALS.
The following provisions of law are repealed, except with
respect to rights and duties that matured, penalties that
were incurred, or proceedings that were begun before the date
of enactment of this Act:
------------------------------------------------------------------------
United States Code
Act Section Former
Classification
------------------------------------------------------------------------
Pub. L. 92-463 (Federal Advisory 2................. 5 U.S.C. App.
Committee Act) (FACA Sec. 2).
3................. 5 U.S.C. App.
(FACA Sec. 3).
4................. 5 U.S.C. App.
(FACA Sec. 4).
5................. 5 U.S.C. App.
(FACA Sec. 5).
6................. 5 U.S.C. App.
(FACA Sec. 6).
7................. 5 U.S.C. App.
(FACA Sec. 7).
8................. 5 U.S.C. App.
(FACA Sec. 8).
9................. 5 U.S.C. App.
(FACA Sec. 9).
10................ 5 U.S.C. App.
(FACA Sec. 10).
11................ 5 U.S.C. App.
(FACA Sec. 11).
12................ 5 U.S.C. App.
(FACA Sec. 12).
13................ 5 U.S.C. App.
(FACA Sec. 13).
14................ 5 U.S.C. App.
(FACA Sec. 14).
15................ 5 U.S.C. App.
(FACA Sec. 15).
Pub. L. 95-452 (Inspector 2................. 5 U.S.C. App. (IGA
General Act of 1978)........... Sec. 2).
3................. 5 U.S.C. App. (IGA
Sec. 3).
4................. 5 U.S.C. App. (IGA
Sec. 4).
5................. 5 U.S.C. App. (IGA
Sec. 5).
6................. 5 U.S.C. App. (IGA
Sec. 6).
7................. 5 U.S.C. App. (IGA
Sec. 7).
8................. 5 U.S.C. App. (IGA
Sec. 8).
8A(c) through (f). 5 U.S.C. App. (IGA
Sec. 8A(c)
through (f)).
8B................ 5 U.S.C. App. (IGA
Sec. 8B).
8C................ 5 U.S.C. App. (IGA
Sec. 8C).
8D................ 5 U.S.C. App. (IGA
Sec. 8D).
8E................ 5 U.S.C. App. (IGA
Sec. 8E).
8F................ 5 U.S.C. App. (IGA
Sec. 8F).
8G................ 5 U.S.C. App. (IGA
Sec. 8G).
8H................ 5 U.S.C. App. (IGA
Sec. 8H).
8I................ 5 U.S.C. App. (IGA
Sec. 8I).
8J................ 5 U.S.C. App. (IGA
Sec. 8J).
8L................ 5 U.S.C. App. (IGA
Sec. 8L).
8M................ 5 U.S.C. App. (IGA
Sec. 8M).
8N................ 5 U.S.C. App. (IGA
Sec. 8N).
9................. 5 U.S.C. App. (IGA
Sec. 9).
11................ 5 U.S.C. App. (IGA
Sec. 11).
12................ 5 U.S.C. App. (IGA
Sec. 12).
Pub. L. 95-521 (Ethics in 101............... 5 U.S.C. App. (EGA
Government Act of 1978)........ Sec. 101).
102............... 5 U.S.C. App. (EGA
Sec. 102).
103............... 5 U.S.C. App. (EGA
Sec. 103).
104............... 5 U.S.C. App. (EGA
Sec. 104).
105............... 5 U.S.C. App. (EGA
Sec. 105).
106............... 5 U.S.C. App. (EGA
Sec. 106).
107............... 5 U.S.C. App. (EGA
Sec. 107).
108............... 5 U.S.C. App. (EGA
Sec. 108).
109............... 5 U.S.C. App. (EGA
Sec. 109).
110............... 5 U.S.C. App. (EGA
Sec. 110).
111............... 5 U.S.C. App. (EGA
Sec. 111).
401............... 5 U.S.C. App. (EGA
Sec. 401).
402............... 5 U.S.C. App. (EGA
Sec. 402).
403............... 5 U.S.C. App. (EGA
Sec. 403).
404............... 5 U.S.C. App. (EGA
Sec. 404).
405............... 5 U.S.C. App. (EGA
Sec. 405).
408............... 5 U.S.C. App. (EGA
Sec. 408).
501............... 5 U.S.C. App. (EGA
Sec. 501).
502............... 5 U.S.C. App. (EGA
Sec. 502).
503............... 5 U.S.C. App. (EGA
Sec. 503).
504............... 5 U.S.C. App. (EGA
Sec. 504).
505............... 5 U.S.C. App. (EGA
Sec. 505).
Pub. L. 110-409 (Inspector 4(a)(3)........... 5 U.S.C. App. (IGA
General Reform Act of 2008).... Sec. 3) note.
4(b).............. 5 U.S.C. App. (IGA
Sec. 3) note.
4(c).............. 5 U.S.C. App. (IGA
Sec. 3) note.
------------------------------------------------------------------------
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Nadler) and the gentleman from California (Mr. Issa) each
will control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. NADLER. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on H.R. 5961.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, to date, 27 of the U.S. Code's 54 titles have been
enacted into positive law, which means that the text of these titles is
itself the law, while the remaining titles are nonpositive, meaning
that they organize Federal statutes for users' convenience but do not
themselves have the force of law.
This legislation and the next bill we will consider represent recent
efforts by the Office of the Law Revision Counsel to keep positive-law
titles in the Code up to date. Because positive-law titles are the law
itself, they must be amended by law when Congress passes new statutes
that belong within the titles because of their subject matter.
H.R. 5961 would make revisions to title 5 of the Code, which relates
to government organization and employees, to account for three
important
[[Page H6817]]
government accountability laws that were adopted in the 1970s: The
Federal Advisory Committee Act, the Inspector General Act, and the
Ethics in Government Act.
Since these laws were adopted after title 5 became positive law, OLRC
had placed them in an appendix to title 5, which made citation to them
awkward and confusing. H.R. 5961 eliminates this appendix by creating
three new chapters for these three laws within the body of title 5
itself.
Like the other codification bills we have considered, the statutory
changes made by this bill are purely technical in nature, and they do
not change the meaning or effect of any existing laws.
I thank the gentleman from Colorado (Mr. Neguse) for introducing this
legislation. I urge all Members to support it, and I reserve the
balance of my time.
Mr. ISSA. Mr. Speaker, in support of H.R. 5961, I might take special
note that since it affects the Inspector General Act, an act that
deserves to be clearly understood and clearly delineated, because
nothing could be more important for our government on a daily basis
than the transparency and accountability created by the hardworking
members of the inspectors general's offices. Throughout government,
they represent the watchdogs, the real daily watchdogs of government,
so I appreciate this technical correction and hopefully a little shout-
out to people who work unsung, sometimes unappreciated, but clearly
needed to maintain the kind of accountability that Congress demands of
the executive branch.
Mr. Speaker, I support the legislation, and I yield back the balance
of my time.
Mr. NADLER. Mr. Speaker, I appreciate the gentleman from Colorado
(Mr. Neguse) for his leadership in introducing this legislation. I urge
everyone to support it, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. Nadler) that the House suspend the rules
and pass the bill, H.R. 5961.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mrs. GREENE of Georgia. Mr. Speaker, on that I demand the yeas and
nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this motion
are postponed.
____________________