[House Report 117-193]
[From the U.S. Government Publishing Office]


117th Congress  }                                            {  Report
                         HOUSE OF REPRESENTATIVES
 1st Session    }                                            {  117-193

======================================================================

 
TO MAKE REVISIONS IN TITLE 5, UNITED STATES CODE, AS NECESSARY TO KEEP 
  THE TITLE CURRENT, AND TO MAKE TECHNICAL AMENDMENTS TO IMPROVE THE 
                           UNITED STATES CODE

                                _______
                                

 November 30, 2021.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

    Mr. Nadler, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 5961]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 5961) to make revisions in title 5, United States 
Code, as necessary to keep the title current, and to make 
technical amendments to improve the United States Code.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for the Legislation..........................     1
Hearings.........................................................     3
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
Committee Estimate of Budgetary Effects..........................     3
New Budget Authority and Congressional Budget Office Cost 
  Estimate.......................................................     3
Duplication of Federal Programs..................................     4
Performance Goals and Objectives.................................     4
Advisory on Earmarks.............................................     4
Section-by-Section Analysis......................................     4
Changes in Existing Law Made by the Bill, as Reported............    31

                          Purpose and Summary

    H.R. 5961 would revise title 5, United States Code, to move 
three major laws currently located in an appendix to title 5 
into the title itself, and make other necessary technical 
corrections to references in other titles of the Code.

                Background and Need for the Legislation

    The House has assigned to the Judiciary Committee 
responsibility for the ``Revision and codification of the 
Statutes of the United States.''\1\ In modern practice, this 
responsibility entails periodically updating the United States 
Code (``the Code''). Currently organized in 54 titles based on 
subject matter, the Code contains all of the general and 
permanent laws of the United States. Congress created the Code 
in 1926 to compile federal laws into a sensible, up-to-date 
collection that would spare people the labor of searching for 
laws in the chronologically-organized volumes of the Statutes 
at Large.\2\ To date, 27 of these 54 titles have been enacted 
into ``positive law,'' which means the text of these titles is 
itself the law,\3\ while the remaining titles are ``non-
positive,'' meaning that they organize federal statutes for 
users' convenience, but do not themselves have the force of 
law.\4\
---------------------------------------------------------------------------
    \1\Clause 1(l)(17) of House Rule X.
    \2\The Statutes at Large is the collection of laws passed in a 
particular session of Congress, arranged in sequence by public law 
number, https://www.archives.gov/federal-register/publications/
statutes.html. The content of the Statutes at Large is considered 
``legal evidence of laws, concurrent resolutions, treaties, 
international agreements other than treaties, proclamations by the 
President, and proposed or ratified amendments to the Constitution of 
the United States therein contained, in all the courts of the United 
States, the several States, and the Territories and insular possessions 
of the United States.'' 1 U.S.C. Sec. 112.
    \3\For example, H.R. 2694 (117th Congress) proposes amending Title 
18 (``Crimes and Criminal Procedure''), which is a positive title of 
the U.S. Code, so it is drafted to directly amend a provision of that 
title (``Section 4285 of title 18, United States Code, is amended in 
the first sentence. . . .''). The content of positive-law Code titles 
is considered ``legal evidence of the laws therein contained, in all 
the courts of the United States, the several States, and the 
Territories and insular possessions of the United States.'' 1 U.S.C. 
Sec. 204.
    \4\For example, H.R. 2922 (117th Congress) proposes amending 
section 101(b) of the Elder Abuse Prevention and Prosecution Act, which 
is compiled in Title 34 (``Crime Control and Law Enforcement''), a non-
positive title of the Code. In this situation, the bill amends the 
underlying law and includes a parenthetical citation to its location in 
Title 34 as a convenience (``Section 101(b) of the Elder Abuse 
Prevention and Prosecution Act (34 U.S.C. 21711(b)) is amended to read. 
. .''). The contents of non-positive titles ``establish prima facie the 
laws of the United States, general and permanent in their nature, in 
force on the day preceding the commencement of the session following 
the last session the legislation of which is included.'' 1 U.S.C. 
Sec. 204.
---------------------------------------------------------------------------
    The entity responsible for updating the Code as Congress 
passes new laws or amends existing ones is the Office of the 
Law Revision Counsel (OLRC).\5\ Established within the House of 
Representatives, OLRC's purpose is ``to develop and keep 
current an official and positive codification of the laws of 
the United States,'' while maintaining strict impartiality as 
to issues of legislative policy.\6\ The Judiciary Committee 
plays an essential role in two of OLRC's important functions. 
OLRC is required:
---------------------------------------------------------------------------
    \5\Office of the Law Revision Counsel (hereinafter OLRC), U.S. 
Code, home page, https://uscode.house.gov/.
    \6\H. Res. 988 (93d Congress), Sec. 205(c), as enacted into law by 
Pub. L. 93-554 (2 U.S.C. Sec. 285a).
---------------------------------------------------------------------------
          (1) To prepare, and submit to the Committee on the 
        Judiciary one title at a time, a complete compilation, 
        restatement, and revision of the general and permanent 
        laws of the United States which conforms to the 
        understood policy, intent, and purpose of the Congress 
        in the original enactments, with such amendments and 
        corrections as will remove ambiguities, contradictions, 
        and other imperfections both of substance and of form, 
        separately stated, with a view to the enactment of each 
        title as positive law.
    The Judiciary Committee therefore plays a key role in 
maintaining the accuracy of the U.S. Code. OLRC regularly 
submits to the Committee proposed legislation that carries out 
its mission to keep the Code current and correct. The Judiciary 
Committee then considers and reports this legislation to the 
House. If the legislation passes into law, OLRC implements the 
changes in the Code.
    H.R. 5961, which amends title 5 of the Code (Government 
Organization and Employees), represents one of OLRC's recent 
efforts to keep positive-laws titles in the Code up to date. 
Three important government accountability laws adopted in the 
1970s--the Federal Advisory Committee Act, the Inspector 
General Act (IG Act), and the Ethics in Government Act--were 
adopted after title 5 became positive law. OLRC therefore 
placed the three laws in an appendix to title 5, and they have 
been cited somewhat confusingly since that time as ``5 U.S.C. 
App.'' Section 3 of H.R. 5961 eliminates this appendix by 
creating three new chapters for these three laws within the 
body of title 5 itself.\7\ For example, section 2 of the IG 
Act, which is currently cited as ``5 U.S.C. App. (IGA 
Sec. 2),'' will be cited as ``5 U.S.C. 402'' when the bill is 
adopted. Section 4 of the bill corrects cross references to the 
three laws that occur in other titles of the Code.
---------------------------------------------------------------------------
    \7\OLRC web site, Positive Law Codification, Title 5, United States 
Code, https://uscode.house.gov/codification/t5/index.html. The three 
new chapters are 10 (FACA), 4 (the IG Act), and 131 (the EGA).
---------------------------------------------------------------------------

                                Hearings

    The Committee did not hold any hearings related to H.R. 
5961.

                        Committee Consideration

    On November 17, 2021, the Committee met in open session and 
ordered the bill, H.R. 5961, favorably reported without an 
amendment, by a voice vote, a quorum being present.

                            Committee Votes

    No roll call votes occurred during the Committee's 
consideration of H.R. 5961.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of House Rule XIII, the 
Committee advises that the findings and recommendations of the 
Committee, based on oversight activities under clause 2(b)(1) 
of House Rule X, are incorporated in the descriptive portions 
of this report.

                Committee Estimate of Budgetary Effects

    Pursuant to clause 3(d)(1) of House Rule XIII, the 
Committee adopts as its own the cost estimate prepared by the 
Director of the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974.

   New Budget Authority and Congressional Budget Office Cost Estimate

    Pursuant to clause 3(c)(2) of House Rule XIII and section 
308(a) of the Congressional Budget Act of 1974, and pursuant to 
clause (3)(c)(3) of House Rule XIII and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but not received from the Director of Congressional Budget 
Office (CBO) a budgetary analysis and a cost estimate of this 
bill. Based on CBO's analysis of a similar bill (H.R. 3239) 
transmitted to the Committee on June 14, 2021, the Committee 
estimates that H.R. 5961 would have no effect on the federal 
budget.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of House Rule XIII, no provision 
of H.R. 5961 establishes or reauthorizes a program of the 
federal government known to be duplicative of another federal 
program.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
House Rule XIII, H.R. 5961 would help implement an editorial 
reclassification to portions of the United States Code, with 
the goal of improving and modernizing the overall organization 
of the Code.

                          Advisory on Earmarks

    In accordance with clause 9 of House Rule XXI, H.R. 5961 
does not contain any congressional earmarks, limited tax 
benefits, or limited tariff benefits as defined in clause 9(d), 
9(e), or 9(f) of House Rule XXI.

                      Section-by-Section Analysis

    The section-by-section analysis prepared by the OLRC is as 
follows:

                     Section-by-Section Explanation


Section 1--Table of Contents

    Section 1 of the bill provides a table of contents for the 
Act.

Section 2--Purposes; Restatement Does Not Change Meaning or Effect of 
        Existing Law

            Section 2(a)
    Section 2(a) of the bill provides that the purposes are to 
make revisions in title 5, United States Code, as necessary to 
keep the title current, and to make technical amendments to 
improve the United States Code.
            Section 2(b)(1)
    Section 2(b)(1) of the bill provides that the restatement 
of existing law does not change the meaning or effect of the 
existing law (see the explanation above, under the heading 
``Restatement Does Not Change Meaning or Effect of Existing 
Law'').
            Section 2(b)(2)
    Section 2(b)(2) of the bill creates a rule of construction 
to provide that, notwithstanding the plain meaning rule or 
other rules of statutory construction, a change in wording made 
in the restatement of existing law serves to clarify the 
existing law, but not to change the meaning or effect of the 
existing law. This rule of construction applies whether or not 
a change in wording is explained by a revision note appearing 
in a congressional report accompanying the bill. The bill 
provides that if such a revision note does appear, a court is 
required to consider the revision note in interpreting the 
change.

Section 3--Revision of Title 5, United States Code

    Section 3(a) of the bill amends title 5, United States 
Code, by inserting chapter 10, which is a restatement of the 
Federal Advisory Committee Act (Public Law 92-463).
    Section 3(b) of the bill amends title 5, United States 
Code, by inserting chapter 4, which is a restatement of the 
Inspector General Act of 1978 (Public Law 95-452).
    Section 3(c) of the bill amends title 5, United States 
Code, by inserting Part IV--Ethics Requirements, in which is 
inserted chapter 131, which is a restatement of titles I, IV, 
and V of the Ethics in Government Act of 1978 (Public Law 95-
521). Title I of the Ethics in Government Act of 1978 is 
restated as subchapter I of chapter 131 of title 5, United 
States Code. Title IV of the Ethics in Government Act of 1978 
is restated as subchapter II of chapter 131 of title 5, United 
States Code. Title V of the Ethics in Government Act of 1978 is 
restated as subchapter III of chapter 131 of title 5, United 
States Code. (Titles II and III of the Ethics in Government Act 
of 1978 were previously repealed.)
    For each new section of title 5, United States Code, that 
is enacted by section 3 of the bill, a 3-column source table is 
set out below (along with any applicable revision notes) to 
indicate the specific source law being restated in each new 
section of title 5, United States Code.
    In the 3-column source tables (and revision notes) set out 
below, sections 1001 through 1014 are related to chapter 10 of 
title 5, United States Code, sections 401 through 424 are 
related to chapter 4 of title 5, United States Code, and 
sections 13101 through 13146 are related to chapter 131 of 
title 5, United States Code.

                              Section 1001


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)                    Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
1001.................................  5 U.S.C. App. (FACA Sec. 3)        Pub. L. 92-463, Sec. 3, Oct. 6, 1972,
                                                                           86 Stat. 770; Pub. L. 105-153, Sec.
                                                                           2(a), Dec. 17, 1997, 111 Stat. 2689.
----------------------------------------------------------------------------------------------------------------

                              Section 1002


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)                    Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
1002.................................  5 U.S.C. App. (FACA Sec. 2)        Pub. L. 92-463, Sec. 2, Oct. 6, 1972,
                                                                           86 Stat. 770.
----------------------------------------------------------------------------------------------------------------

                              Section 1003


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)                    Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
1003.................................  5 U.S.C. App. (FACA Sec. 4)        Pub. L. 92-463, Sec. 4, Oct. 6, 1972,
                                                                           86 Stat. 771; Pub. L. 111-259, title
                                                                           IV, Sec. 410(a), Oct. 7, 2010, 124
                                                                           Stat. 2724.
----------------------------------------------------------------------------------------------------------------

                              Section 1004


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)                    Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
  1004...............................  5 U.S.C. App. (FACA Sec. 5)        Pub. L. 92-463, Sec. 5, Oct. 6, 1972,
                                                                           86 Stat. 771.
----------------------------------------------------------------------------------------------------------------

                              Section 1005


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)                    Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
1005.................................  5 U.S.C. App. (FACA Sec. 6(a),     Pub. L. 92-463, Sec. 6(a), (b), Oct.
                                        (b))                               6, 1972, 86 Stat. 772.
----------------------------------------------------------------------------------------------------------------

                              Section 1006


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)                    Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
1006.................................  5 U.S.C. App. (FACA Sec. 7)        Pub. L. 92-463, Sec. 7, Oct. 6, 1972,
                                                                           86 Stat. 772; Pub. L. 96-523, Sec. 2,
                                                                           Dec. 12, 1980, 94 Stat. 3040.
----------------------------------------------------------------------------------------------------------------

    In this section, the words ``Administrator'' and ``General 
Services Administration'' are substituted for ``Director'' and 
``Office of Management and Budget'', respectively, because of 
section 5F of Reorganization Plan No. 1 of 1977 (5 U.S.C. 
App.).
    In subsection (b)(1), the words ``Each year, the 
Administrator shall conduct a comprehensive review'' are 
substituted for ``The Administrator shall, immediately after 
the enactment of this Act [October 6, 1972], institute a 
comprehensive review'' and ``Thereafter, the Administrator 
shall carry out a similar review annually'' to eliminate 
obsolete language.
    In subsection (d)(1) (matter before subparagraph (A)), the 
words ``Director of the Office of Personnel Management'' are 
substituted for ``Civil Service Commission'' because of section 
102 of Reorganization Plan No. 2 of 1978 (5 U.S.C. App.).
    In subsection (d)(1) (matter before subparagraph (A)), the 
words ``The guidelines shall provide'' are substituted for 
``The regulations shall provide'' for consistency with the 1st 
sentence of subsection (d)(1), which provides that the 
Administrator shall establish ``guidelines'', not regulations.
    In subsection (d)(1)(A), the words ``maximum rate payable 
under section 5376 of this title'' are substituted for ``rate 
specified for GS-18 of the General Schedule under section 5332 
of title 5, United States Code'' for clarity and because of 
section 101(c) of the Federal Employees Pay Comparability Act 
of 1990 (enacted by section 529 of Public Law 101-509 (5 U.S.C. 
5376 note)).
    In subsection (d)(1)(C)(i), the words ``individuals with 
disabilities'' are substituted for ``handicapped individuals'' 
for consistency with section 501 of the Rehabilitation Act of 
1973 (29 U.S.C. 791).
    In subsection (d)(1)(C)(i), the citation to ``(29 U.S.C. 
791)'' is substituted for ``(29 U.S.C. 794)'' to correct an 
error in the law.

                              Section 1007


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)                    Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
1007.................................  5 U.S.C. App. (FACA Sec. 8)        Pub. L. 92-463, Sec. 8, Oct. 6, 1972,
                                                                           86 Stat. 773.
----------------------------------------------------------------------------------------------------------------

    In subsection (a), the word ``Administrator'' is 
substituted for ``Director'' (meaning the Director of the 
Office of Management and Budget) because of section 5F of 
Reorganization Plan No. 1 of 1977 (5 U.S.C. App.).

                              Section 1008


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)                    Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
1008.................................  5 U.S.C. App. (FACA Sec. 9)        Pub. L. 92-463, Sec. 9, Oct. 6, 1972,
                                                                           86 Stat. 773.
----------------------------------------------------------------------------------------------------------------

    In subsection (a)(2) and subsection (c)(1)(A), the word 
``Administrator'' is substituted for ``Director'' (meaning the 
Director of the Office of Management and Budget) because of 
section 5F of Reorganization Plan No. 1 of 1977 (5 U.S.C. 
App.).

                              Section 1009


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)                    Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
1009.................................  5 U.S.C. App. (FACA Sec. 10)       Pub. L. 92-463, Sec. 10, Oct. 6, 1972,
                                                                           86 Stat. 774; Pub. L. 94-409, Sec.
                                                                           5(c), Sept. 13, 1976, 90 Stat. 1247.
----------------------------------------------------------------------------------------------------------------

    In subsection (a), in paragraphs (2) and (3), the word 
``Administrator'' is substituted for ``Director'' (meaning the 
Director of the Office of Management and Budget) because of 
section 5F of Reorganization Plan No. 1 of 1977 (5 U.S.C. 
App.).

                              Section 1010


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)                    Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
1010.................................  5 U.S.C. App. (FACA Sec. 11)       Pub. L. 92-463, Sec. 11, Oct. 6, 1972,
                                                                           86 Stat. 775.
----------------------------------------------------------------------------------------------------------------

    In subsection (b), the words ``Except where prohibited by 
contractual agreements entered into prior to the effective date 
of this Act [i.e., 90 days after October 6, 1972]'' are omitted 
as obsolete.

                              Section 1011


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)                    Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
1011.................................  5 U.S.C. App. (FACA Sec. 12)       Pub. L. 92-463, Sec. 12, Oct. 6, 1972,
                                                                           86 Stat. 775.
----------------------------------------------------------------------------------------------------------------

                              Section 1012


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)                    Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
1012.................................  5 U.S.C. App. (FACA Sec. 13)       Pub. L. 92-463, Sec. 13, Oct. 6, 1972,
                                                                           86 Stat. 775.
----------------------------------------------------------------------------------------------------------------

    In this section, the word ``Administrator'' is substituted 
for ``Director'' (meaning the Director of the Office of 
Management and Budget) because of section 5F of Reorganization 
Plan No. 1 of 1977 (5 U.S.C. App.).

                              Section 1013


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)                    Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
1013.................................  5 U.S.C. App. (FACA Sec. 14)       Pub. L. 92-463, Sec. 14, Oct. 6, 1972,
                                                                           86 Stat. 776.
----------------------------------------------------------------------------------------------------------------

    In subsection (a)(1) (matter before subparagraph (A)), the 
date ``January 5, 1973'' is substituted for ``the effective 
date of this Act'', and in subsection (a)(2) (matter before 
subparagraph (A)), the date ``January 5, 1973'' is substituted 
for ``such effective date'', for clarity. In accordance with 
section 16 (formerly section 15) of the Federal Advisory 
Committee Act (Public Law 92-463, 86 Stat. 776), which provides 
``this Act shall become effective upon the expiration of ninety 
days following the date of enactment'', the effective date of 
the Act is January 5, 1973.

                              Section 1014


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)                    Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
1014.................................  5 U.S.C. App. (FACA Sec. 15)       Pub. L. 92-463, Sec. 15, as added Pub.
                                                                           L. 105-153, Sec. 2(b), Dec. 17, 1997,
                                                                           111 Stat. 2689.
----------------------------------------------------------------------------------------------------------------

    In subsection (a)(2), the date ``December 17, 1997'' is 
substituted for ``the date of the enactment of the Federal 
Advisory Committee Act Amendments of 1997'' for clarity.

                              Section 401


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)                    Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
401..................................  5 U.S.C. App. (IGA Sec. 12)        Pub. L. 95-452, Sec. 12, formerly Sec.
                                                                           11, Oct. 12, 1978, 92 Stat. 1109;
                                                                           Pub. L. 96-88, title V, Sec.
                                                                           508(n)(3), (4), Oct. 17, 1979, 93
                                                                           Stat. 695; Pub. L. 97-113, title VII,
                                                                           Sec. 705(a)(2), Dec. 29, 1981, 95
                                                                           Stat. 1544; Pub. L. 97-252, title XI,
                                                                           Sec. 1117(a)(4), (5), Sept. 8, 1982,
                                                                           96 Stat. 751; Pub. L. 99-93, title I,
                                                                           Sec. 150(a)(2), Aug. 16, 1985, 99
                                                                           Stat. 427; Pub. L. 99-399, title IV,
                                                                           Sec. 412(a)(2), Aug. 27, 1986, 100
                                                                           Stat. 867; Pub. L. 100-504, title I,
                                                                           Sec. 102(c), Oct. 18, 1988, 102 Stat.
                                                                           2515; Pub. L. 100-527, Sec. 13(h)(2),
                                                                           (3), Oct. 5, 1988, 102 Stat. 2643;
                                                                           Pub. L. 101-73, title V, Sec.
                                                                           501(b)(1), Aug. 9, 1989, 103 Stat.
                                                                           393; Pub. L. 102-233, title III, Sec.
                                                                           315(a), Dec. 12, 1991, 105 Stat.
                                                                           1772; Pub. L. 103-82, title II, Sec.
                                                                           202(g)(4), Sept. 21, 1993, 107 Stat.
                                                                           890; Pub. L. 103-204, Sec. 23(a)(1),
                                                                           Dec. 17, 1993, 107 Stat. 2407; Pub.
                                                                           L. 103-296, title I, Sec. 108(l)(2),
                                                                           Aug. 15, 1994, 108 Stat. 1489; Pub.
                                                                           L. 103-325, title I, Sec. 118(a),
                                                                           Sept. 23, 1994, 108 Stat. 2188; Pub.
                                                                           L. 104-106, div. D, title XLIII, Sec.
                                                                           4322(b)(1), (3), Feb. 10, 1996, 110
                                                                           Stat. 677; Pub. L. 105-277, div. G,
                                                                           subdiv. A, title XIII, Sec. 1314(b),
                                                                           Oct. 21, 1998, 112 Stat. 2681-776;
                                                                           Pub. L. 106-422, Sec. 1(b)(2), Nov.
                                                                           1, 2000, 114 Stat. 1872; Pub. L. 107-
                                                                           189, Sec. 22(a), (d), June 14, 2002,
                                                                           116 Stat. 707, 708; Pub. L. 107-296,
                                                                           title XVII, Sec. 1701, Nov. 25, 2002,
                                                                           116 Stat. 2313; Pub. L. 108-271, Sec.
                                                                           8(b), July 7, 2004, 118 Stat. 814;
                                                                           Pub. L. 109-295, title VI, Sec.
                                                                           612(c), Oct. 4, 2006, 120 Stat. 1410;
                                                                           Pub. L. 110-234, title XIV, Sec.
                                                                           14217(c), May 22, 2008, 122 Stat.
                                                                           1482; Pub. L. 110-246, Sec. 4(a),
                                                                           title XIV, Sec. 14217(c), June 18,
                                                                           2008, 122 Stat. 1664, 2244; Pub. L.
                                                                           110-289, div. A, title I, Sec.
                                                                           1105(c), July 30, 2008, 122 Stat.
                                                                           2668; renumbered Sec. 12, Pub. L. 110-
                                                                           409, Sec. 7(a), Oct. 14, 2008, 122
                                                                           Stat. 4305; Pub. L. 113-126, title
                                                                           IV, Sec. Sec. 402(2), 412(2), July 7,
                                                                           2014, 128 Stat. 1408, 1409; Pub. L.
                                                                           115-141, div. P, title V, Sec.
                                                                           501(a)(2), Mar. 23, 2018, 132 Stat.
                                                                           1090.
----------------------------------------------------------------------------------------------------------------

    In paragraph (1), the words ``Veterans Affairs'' are 
inserted in the list of Departments, and the words ``Veterans'' 
Administration'' are deleted from the list of Administrations, 
to update obsolete references in the law.
    In paragraph (1), the words ``the Resolution Trust 
Corporation'' have been omitted as obsolete because section 
21A(m)(1) of the Federal Home Loan Bank Act (12 U.S.C. 
1441a(m)(1)) provided for termination of the Resolution Trust 
Corporation not later than December 31, 1995, and the authority 
and responsibilities of the Resolution Trust Corporation were 
transferred to the Federal Deposit Insurance Corporation under 
section 40(n)(4) of the Federal Deposit Insurance Act (12 
U.S.C. 1831q(n)(4)).
    In paragraphs (1) and (3), the words ``of the United 
States'' are inserted after ``Export-Import Bank'' to correct 
errors in the law.
    In paragraph (3), the words ``Veterans Affairs'' are 
inserted in the list of Secretaries, and the words ``Veterans'' 
Affairs'' are deleted from the list of Administrators, to 
update obsolete references in the law.
    In paragraph (3), the words ``the Director of'' are 
inserted before ``the Office of Personnel Management'' to 
correct an error in the law. The Office of Personnel Management 
is headed by a director (rather than an administrator) as 
provided in section 1102(a) of title 5, United States Code.
    In paragraph (3), the words ``the Chairperson of the Thrift 
Depositor Protection Oversight Board'' are omitted because the 
Thrift Depositor Protection Oversight Board was abolished by 
section 14(a) through (d) of the Homeowners Protection Act of 
1998 (Public Law 105-216, 112 Stat. 908).
    In paragraph (3), the words ``the chief executive officer 
of the Resolution Trust Corporation'' are omitted because 
section 21A(m)(1) of the Federal Home Loan Bank Act (12 U.S.C. 
1441a(m)(1)) provided for termination of the Resolution Trust 
Corporation not later than December 31, 1995, and the authority 
and responsibilities of the Resolution Trust Corporation were 
transferred to the Federal Deposit Insurance Corporation under 
section 40(n)(4) of the Federal Deposit Insurance Act (12 
U.S.C. 1831q(n)(4)).

                              Section 402


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)                    Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
402..................................  5 U.S.C. App. (IGA Sec. 2)         Pub. L. 95-452, Sec. 2, Oct. 12, 1978,
                                                                           92 Stat. 1101; Pub. L. 96-88, title
                                                                           V, Sec. 508(n)(1), Oct. 17, 1979, 93
                                                                           Stat. 694; Pub. L. 97-113, title VII,
                                                                           Sec. 705(a)(1), Dec. 29, 1981, 95
                                                                           Stat. 1544; Pub. L. 97-252, title XI,
                                                                           Sec. 1117(a)(1), Sept. 8, 1982, 96
                                                                           Stat. 750; Pub. L. 99-93, title I,
                                                                           Sec. 150(a)(1), Aug. 16, 1985, 99
                                                                           Stat. 427; Pub. L. 99-399, title IV,
                                                                           Sec. 412(a)(1), Aug. 27, 1986, 100
                                                                           Stat. 867; Pub. L. 100-504, title I,
                                                                           Sec. 102(a), (b), Oct. 18, 1988, 102
                                                                           Stat. 2515; Pub. L. 100-527, Sec.
                                                                           13(h)(1), Oct. 25, 1988, 102 Stat.
                                                                           2643; Pub. L. 105-206, title I, Sec.
                                                                           1103(a), July 22, 1998, 112 Stat.
                                                                           705; Pub. L. 110-409, Sec.
                                                                           7(d)(1)(A), Oct. 14, 2008, 122 Stat.
                                                                           4313.
----------------------------------------------------------------------------------------------------------------

                              Section 403


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)                    Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
403..................................  5 U.S.C. App. (IGA Sec. 3)         Pub. L. 95-452, Sec. 3, Oct. 12, 1978,
                                                                           92 Stat. 1101; Pub. L. 110-409, Sec.
                                                                           Sec. 3(a), 4(a)(1), 5, 6(a), Oct. 14,
                                                                           2008, 122 Stat. 4302, 4305; Pub. L.
                                                                           112-199, title I, Sec. 117(a), Nov.
                                                                           27, 2012, 126 Stat. 1474; Pub. L. 114-
                                                                           317, Sec. 7(d)(3)(A), Dec. 16, 2016,
                                                                           130 Stat. 1606; Pub. L. 115-192, Sec.
                                                                           2(a), June 25, 2018, 132 Stat. 1502.
----------------------------------------------------------------------------------------------------------------

    In subsection (d)(4) (ma tter before subparagraph (A)), the 
words ``Whistleblower Protection Coordinator'' are substituted 
for ``Whistleblower Protection Ombudsman'' to correct an error 
in the law.

                              Section 404


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)                    Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
404..................................  5 U.S.C. App. (IGA Sec. 4)         Pub. L. 95-452, Sec. 4, Oct. 12, 1978,
                                                                           92 Stat. 1102; Pub. L. 100-504, title
                                                                           I, Sec. 109, Oct. 18, 1988, 102 Stat.
                                                                           2529; Pub. L. 103-82, title II, Sec.
                                                                           202(g)(5)(A), Sept. 21, 1993, 107
                                                                           Stat. 890; Pub. L. 108-271, Sec.
                                                                           8(b), July 7, 2004, 118 Stat. 814;
                                                                           Pub. L. 110-409, Sec. 7(d)(1)(A),
                                                                           Oct. 14, 2008, 122 Stat. 4313; Pub.
                                                                           L. 114-317, Sec. Sec. 4(d),
                                                                           7(d)(2)(A), Dec. 16, 2016, 130 Stat.
                                                                           1602, 1606.
----------------------------------------------------------------------------------------------------------------

    In subsection (a)(4) (matter before subparagraph (A)), the 
words ``the establishment'' are inserted after ``to recommend 
policies for'' and a comma is inserted after ``and 
nongovernmental entities'' for clarity.
    In subsection (b)(1)(C), the word ``ensure'' is substituted 
for ``assure'' for clarity.
    In subsection (c), the word ``ensuring'' is substituted for 
``insuring'' for clarity.

                              Section 405


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)                    Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
405..................................  5 U.S.C. App. (IGA Sec. 5)         Pub. L. 95-452, Sec. 5, Oct. 12, 1978,
                                                                           92 Stat. 1103; Pub. L. 97-252, title
                                                                           XI, Sec. 1117(c), Sept. 8, 1982, 96
                                                                           Stat. 752; Pub. L. 100-504, title I,
                                                                           Sec. Sec. 102(g), 106, Oct. 18, 1988,
                                                                           102 Stat. 2521, 2525; Pub. L. 104-
                                                                           208, div. A, title I, Sec. 101(f)
                                                                           [title VIII, Sec. 805(c)], Sept. 30,
                                                                           1996, 110 Stat. 3009-314, 3009-393;
                                                                           Pub. L. 110-409, Sec. 12, Oct. 14,
                                                                           2008, 122 Stat. 4315; Pub. L. 111-
                                                                           203, title IX, Sec. 989C, July 21,
                                                                           2010, 124 Stat. 1945; Pub. L. 114-
                                                                           317, Sec. Sec. 4(c), 7(d)(2)(B), (C),
                                                                           Dec. 16, 2016, 130 Stat. 1600, 1606;
                                                                           Pub. L. 115-192, Sec. 2(c), June 25,
                                                                           2018, 132 Stat. 1503; Pub. L. 116-92,
                                                                           div. A, title XVII, Sec. 1710, Dec.
                                                                           20, 2019, 133 Stat. 1801.
----------------------------------------------------------------------------------------------------------------

    In subsection (b)(6), the words ``inspection report, and 
evaluation report'' are substituted for ``inspection reports, 
and evaluation reports'' to correct typographical errors in the 
law.
    In subsection (b)(10) (matter before subparagraph (A)), the 
words ``inspection report, and evaluation report'' are 
substituted for ``inspection reports, and evaluation reports'' 
to correct typographical errors in the law.
    In subsection (b)(10), at the end of subparagraph (C), a 
semicolon is substituted for the period to correct a 
typographical error in the law.
    In subsection (b)(13), the parenthetical ``(Public Law 104-
208, Sec. 101(f) [title VIII], 31 U.S.C. 3512 note)'' is 
inserted after ``section 804(b) of the Federal Financial 
Management Improvement Act of 1996'' for clarity.

                              Section 406


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)                    Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
406..................................  5 U.S.C. App. (IGA Sec. 6)         Pub. L. 95-452, Sec. 6, Oct. 12, 1978,
                                                                           92 Stat. 1104; Pub. L. 100-504, title
                                                                           I, Sec. Sec. 107, 110(a), Oct. 18,
                                                                           1988, 102 Stat. 2528, 2529; Pub. L.
                                                                           107-296, title VIII, Sec. 812(a),
                                                                           Nov. 25, 2002, 116 Stat. 2222; Pub.
                                                                           L. 110-409, Sec. Sec. 8, 9, 11,
                                                                           14(a), Oct. 14, 2008, 122 Stat. 4313-
                                                                           4316; Pub. L. 114-317, Sec. Sec. 2,
                                                                           5, 7(d)(2)(D), (3)(B), Dec. 16, 2016,
                                                                           130 Stat. 1595, 1603, 1606.
----------------------------------------------------------------------------------------------------------------

    In subsection (a)(8), the words ``maximum rate payable 
under section 5376 of this title'' are substituted for 
``equivalent rate prescribed for grade GS-18 of the General 
Schedule by section 5332 of title 5, United States Code'' for 
clarity and because of section 101(c) of the Federal Employees 
Pay Comparability Act of 1990 (enacted by section 529 of Public 
Law 101-509 (5 U.S.C. 5376 note)).
    In subsection (f)(7), the date ``November 25, 2002'' is 
substituted for ``the date of enactment of this subsection'' 
for clarity. Subsection (f) (formerly subsection (e)) of 
section 6 of the Inspector General Act of 1978 was enacted on 
November 25, 2002, by section 812(a) of the Homeland Security 
Act of 2002 (Public Law 107-296, 116 Stat. 2222).
    In subsection (h)(4)(B), the words ``Committee on Oversight 
and Reform'' are substituted for ``Committee on Oversight and 
Government Reform'' on authority of rule X(1)(n) of the Rules 
of the House of Representatives, adopted by House Resolution 
No. 6 (116th Congress, January 9, 2019).

                              Section 407


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)                    Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
407..................................  5 U.S.C. App. (IGA Sec. 7)         Pub. L. 95-452, Sec. 7, Oct. 12, 1978,
                                                                           92 Stat. 1105.
----------------------------------------------------------------------------------------------------------------

                              Section 408


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)                    Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
408..................................  5 U.S.C. App. (IGA Sec. 8)         Pub. L. 95-452, Sec. 8, Oct. 12, 1978,
                                                                           92 Stat. 1105; Pub. L. 97-252, title
                                                                           XI, Sec. 1117(b), Sept. 8, 1982, 96
                                                                           Stat. 751; Pub. L. 100-504, title I,
                                                                           Sec. 110(b), Oct. 18, 1988, 102 Stat.
                                                                           2529; Pub. L. 104-106, div. A, title
                                                                           XV, Sec. 1502(f)(6), Feb. 10, 1996,
                                                                           110 Stat. 510; Pub. L. 106-65, div.
                                                                           A, title X, Sec. 1067(17), Oct. 5,
                                                                           1999, 113 Stat. 775; Pub. L. 110-417,
                                                                           [div. A], title IX, Sec. 907, Oct.
                                                                           14, 2008, 122 Stat. 4569; Pub. L. 111-
                                                                           84, div. A, title X, Sec. 1042, Oct.
                                                                           28, 2009, 123 Stat. 2455; Pub. L. 112-
                                                                           239, div. A, title XVI, Sec. 1614,
                                                                           Jan. 2, 2013, 126 Stat. 2066; Pub. L.
                                                                           114-317, Sec. 6(1), Dec. 16, 2016,
                                                                           130 Stat. 1604.
----------------------------------------------------------------------------------------------------------------

    In subsection (b)(3), the words ``Committee on Homeland 
Security and Governmental Affairs of the Senate'' are 
substituted for ``[Committee on] Governmental Affairs of the 
Senate'' on authority of Senate Resolution No. 445, 108th 
Congress, October 9, 2004 (effective January 4, 2005).
    In subsection (b)(3), the words ``Committee on Oversight 
and Reform'' are substituted for ``Committee on Government 
Reform and Oversight'' on authority of House Resolution No. 5 
(106th Congress, January 6, 1999), House Resolution No. 6 
(110th Congress, January 5, 2007), and rule X(1)(n) of the 
Rules of the House of Representatives, adopted by House 
Resolution No. 6 (116th Congress, January 9, 2019).
    In subsection (c)(9), the word ``ensuring'' is substituted 
for ``insuring'' for clarity.
    In subsection (f)(1) (matter before subparagraph (A)), the 
words ``[Committee on] Oversight and Reform'' are substituted 
for ``[Committee on] Oversight and Government Reform'' on 
authority of rule X(1)(n) of the Rules of the House of 
Representatives, adopted by House Resolution No. 6 (116th 
Congress, January 9, 2019).

                              Section 409


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)                    Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
409(a)...............................  5 U.S.C. App. (IGA Sec. 8A(f))     Pub. L. 95-452, Sec. 8A(f), formerly
                                                                           (h), as added Pub. L. 97-113, title
                                                                           VII, Sec. 705(a)(3), Dec. 29, 1981,
                                                                           95 Stat. 1545; redesignated (f), Pub.
                                                                           L. 105-277, div. G, subdiv. A, title
                                                                           XIV, Sec. 1422(b)(2)(C), Oct. 21,
                                                                           1998, 112 Stat. 2681-792.
409(b)...............................  5 U.S.C. App. (IGA Sec. 8A(c))     Pub. L. 95-452, Sec. 8A(c), formerly
                                                                           (d), as added Pub. L. 97-113, title
                                                                           VII, Sec. 705(a)(3), Dec. 29, 1981,
                                                                           95 Stat. 1545; redesignated (c), Pub.
                                                                           L. 105-277, div. G, subdiv. A, title
                                                                           XIV, Sec. 1422(b)(2)(C), Oct. 21,
                                                                           1998, 112 Stat. 2681-792.
409(c)...............................  5 U.S.C. App. (IGA Sec. 8A(d))     Pub. L. 95-452, Sec. 8A(d), formerly
                                                                           (e), as added Pub. L. 97-113, title
                                                                           VII, Sec. 705(a)(3), Dec. 29, 1981,
                                                                           95 Stat. 1545; redesignated (d), Pub.
                                                                           L. 105-277, div. G, subdiv. A, title
                                                                           XIV, Sec. 1422(b)(2)(C), Oct. 21,
                                                                           1998, 112 Stat. 2681-792; Pub. L. 114-
                                                                           317, Sec. 7(d)(2)(E), Dec. 16, 2016,
                                                                           130 Stat. 1606.
409(d)...............................  5 U.S.C. App. (IGA Sec. 8A(e))     Pub. L. 95-452, Sec. 8A(e), formerly
                                                                           (g), as added Pub. L. 97-113, title
                                                                           VII, Sec. 705(a)(3), Dec. 29, 1981,
                                                                           95 Stat. 1545; redesignated (e), Pub.
                                                                           L. 105-277, div. G, subdiv. A, title
                                                                           XIV, Sec. 1422(b)(2)(C), Oct. 21,
                                                                           1998, 112 Stat. 2681-792.
----------------------------------------------------------------------------------------------------------------

    In subsection (b), the reference to ``section 406(a)(7) of 
this title'' is substituted for ``section 6(a)(6) of this Act'' 
for clarity and to correct an error in the law. In the source 
law (section 8A(c) of the Inspector General Act of 1978), the 
reference to ``section 6(a)(6) of this Act'' is incorrect. 
Section 6(a)(6) of the Inspector General Act of 1978 was 
redesignated as section 6(a)(7) of that Act by section 107(1) 
of the Inspector General Act Amendments of 1988 (Public Law 
100-504, 102 Stat. 2528).
    In subsection (c), the words ``overseas personnel 
ceilings'' are substituted for ``overseas personnel ceilings 
established under the Monitoring Overseas Direct Employment 
policy'' to eliminate obsolete language. The Monitoring 
Overseas Direct Employment (MODE) policy was superseded by 
National Security Decision Directive No. 38 (NSDD-38) (June 2, 
1982). (See https://www.state.gov/m/pri/nsdd/45148.htm, last 
visited December 14, 2017).

                              Section 410


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)                    Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
410..................................  5 U.S.C. App. (IGA Sec. 8B)        Pub. L. 95-452, Sec. 8B, as added Pub.
                                                                           L. 100-504, title I, Sec. 102(f),
                                                                           Oct. 18, 1988, 102 Stat. 2517.
----------------------------------------------------------------------------------------------------------------

                              Section 411


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)                    Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
411..................................  5 U.S.C. App. (IGA Sec. 8C)        Pub. L. 95-452, Sec. 8C, as added Pub.
                                                                           L. 103-204, Sec. 23(a)(2), Dec. 17,
                                                                           1993, 107 Stat. 2407.
----------------------------------------------------------------------------------------------------------------

                              Section 412


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)                    Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
412..................................  5 U.S.C. App. (IGA Sec. 8D)        Pub. L. 95-452, Sec. 8D, formerly Sec.
                                                                           8C, as added Pub. L. 100-504, title
                                                                           I, Sec. 102(f), Oct. 18, 1988, 102
                                                                           Stat. 2518; renumbered Sec. 8D, Pub.
                                                                           L. 103-204, Sec. 23(a)(3), Dec. 17,
                                                                           1993, 107 Stat. 2408; amended Pub. L.
                                                                           105-206, title I, Sec. 1103(b),
                                                                           (e)(1), (2), July 22, 1998, 112 Stat.
                                                                           705, 709; Pub. L. 107-296, title XI,
                                                                           Sec. 1112(a)(1), Nov. 25, 2002, 116
                                                                           Stat. 2275; Pub. L. 108-7, div. L,
                                                                           Sec. 104(c)(2), Feb. 20, 2003, 117
                                                                           Stat. 531; Pub. L. 109-177, title VI,
                                                                           Sec. 605(e)(3), Mar. 9, 2006, 120
                                                                           Stat. 255; Pub. L. 110-409, Sec.
                                                                           14(b), Oct. 14, 2008, 122 Stat. 4316;
                                                                           Pub. L. 112-199, title I, Sec.
                                                                           117(b), Nov. 27, 2012, 126 Stat.
                                                                           1475; Pub. L. 114-317, Sec. Sec.
                                                                           6(2), 7(d)(3)(C), Dec. 16, 2016, 130
                                                                           Stat. 1604, 1606.
----------------------------------------------------------------------------------------------------------------

    In subsection (a)(3) and subsection (g)(1), the words 
``[Committee] on Homeland Security and Governmental Affairs [of 
the Senate]'' are substituted for ``[Committee] on Governmental 
Affairs of the Senate'' on authority of Senate Resolution No. 
445, 108th Congress, October 9, 2004 (effective January 4, 
2005).
    In subsection (a)(3), the words ``Committee on Oversight 
and Reform [of the House of Representatives]'' are substituted 
for ``[Committee on] Government Operations [of the House of 
Representatives]'' on authority of section 1(a) of Public Law 
104-14 (2 U.S.C. note prec. 21), House Resolution No. 5 (106th 
Congress, January 6, 1999), House Resolution No. 6 (110th 
Congress, January 5, 2007), and rule X(1)(n) of the Rules of 
the House of Representatives, adopted by House Resolution No. 6 
(116th Congress, January 9, 2019).
    In subsection (g)(1), the words ``Committee on Oversight 
and Reform'' are substituted for ``[Committee on] Government 
Reform and Oversight'' on authority of rule X(1)(n) of the 
Rules of the House of Representatives, adopted by House 
Resolution No. 6 (116th Congress, January 9, 2019).

                              Section 413


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)                    Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
413..................................  5 U.S.C. App. (IGA Sec. 8E)        Pub. L. 95-452, Sec. 8E, formerly Sec.
                                                                           8D, as added Pub. L. 100-504, title
                                                                           I, Sec. 102(f), Oct. 18, 1988, 102
                                                                           Stat. 2520; renumbered Sec. 8E, Pub.
                                                                           L. 103-204, Sec. 23(a)(3), Dec. 17,
                                                                           1993, 107 Stat. 2408; Pub. L. 107-
                                                                           273, div. A, title III, Sec. 308,
                                                                           Nov. 2, 2002, 116 Stat. 1784; Pub. L.
                                                                           114-317, Sec. Sec. 6(3), 7(d)(3)(D),
                                                                           Dec. 16, 2016, 130 Stat. 1604, 1606.
----------------------------------------------------------------------------------------------------------------

    In subsection (a)(3) and subsection (c), the words 
``[Committee] on Homeland Security and Governmental Affairs [of 
the Senate]'' are substituted for ``[Committee] on Governmental 
Affairs [of the Senate]'' because of Senate Resolution No. 445, 
108th Congress, October 9, 2004 (effective January 4, 2005).
    In subsection (a)(3) and subsection (c), the words 
``Committee on Oversight and Reform [of the House of 
Representatives]'' are substituted for ``[Committee on] 
Government Operations [of the House of Representatives]'' on 
authority of section 1(a) of Public Law 104-14 (2 U.S.C. note 
prec. 21), House Resolution No. 5 (106th Congress, January 6, 
1999), House Resolution No. 6 (110th Congress, January 5, 
2007), and rule X(1)(n) of the Rules of the House of 
Representatives, adopted by House Resolution No. 6 (116th 
Congress, January 9, 2019).

                              Section 414


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)                    Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
414..................................  5 U.S.C. App. (IGA Sec. 8F)        Pub. L. 95-452, Sec. 8F, formerly Sec.
                                                                           8E, as added Pub. L. 103-82, title
                                                                           II, Sec. 202(g)(1), Sept. 21, 1993,
                                                                           107 Stat. 889; renumbered Sec. 8F,
                                                                           Pub. L. 103-204, Sec. 23(a)(3), Dec.
                                                                           17, 1993, 107 Stat. 2408; amended
                                                                           Pub. L. 111-13, title IV, Sec. 4101,
                                                                           Apr. 21, 2009, 123 Stat. 1597.
----------------------------------------------------------------------------------------------------------------

                              Section 415


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)                    Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
415..................................  5 U.S.C. App. (IGA Sec. 8G)        Pub. L. 95-452, Sec. 8G, formerly Sec.
                                                                           8E, as added Pub. L. 100-504, title
                                                                           I, Sec. 104(a), Oct. 18, 1988, 102
                                                                           Stat. 2522; amended Pub. L. 101-73,
                                                                           title VII, Sec. 702(c), Aug. 9, 1989,
                                                                           103 Stat. 415; renumbered Sec. 8F and
                                                                           amended Pub. L. 103-82, title II,
                                                                           Sec. 202(g)(1), (2)(A), Sept. 21,
                                                                           1993, 107 Stat. 889, 890; renumbered
                                                                           Sec. 8G and amended Pub. L. 103-204,
                                                                           Sec. 23(a)(3), (4), Dec. 17, 1993,
                                                                           107 Stat. 2408; Pub. L. 104-88, title
                                                                           III, Sec. 319, Dec. 29, 1995, 109
                                                                           Stat. 949; Pub. L. 104-208, div. A,
                                                                           title I, Sec. 101(f) [title VI, Sec.
                                                                           662(b)(1), (2)], Sept. 30, 1996, 110
                                                                           Stat. 3009-314, 3009 379; Pub. L. 105-
                                                                           134, title IV, Sec. 409(a), Dec. 2,
                                                                           1997, 111 Stat. 2586; Pub. L. 105-
                                                                           277, div. C, title III, Sec. 306(h),
                                                                           as added Pub. L. 106-31, title I,
                                                                           Sec. 105(a)(5), May 21, 1999, 113
                                                                           Stat. 63; Pub. L. 106-422, Sec.
                                                                           1(b)(1), Nov. 1, 2000, 114 Stat.
                                                                           1872; Pub. L. 107-252, title VIII,
                                                                           Sec. 812(a), Oct. 29, 2002, 116 Stat.
                                                                           1727; Pub. L. 108-271, Sec. 8(b),
                                                                           July 7, 2004, 118 Stat. 814; Pub. L.
                                                                           109-435, title VI, Sec. Sec. 603(b),
                                                                           605(a), Dec. 20, 2006, 120 Stat.
                                                                           3240, 3242; Pub. L. 110-409, Sec.
                                                                           Sec. 2, 3(b), 6(b), 7(d)(1), Oct. 14,
                                                                           2008, 122 Stat. 4302, 4305, 4313;
                                                                           Pub. L. 111-203, title IX, Sec. Sec.
                                                                           989B, 989D, title X, Sec. 1081, July
                                                                           21, 2010,124 Stat. 1945, 1946, 2080;
                                                                           Pub. L. 111-259, title IV, Sec.
                                                                           431(a), (c), Oct. 7, 2010, 124 Stat.
                                                                           2731; Pub. L. 113-126, title IV, Sec.
                                                                           Sec. 402(1), 412(1), July 7, 2014,
                                                                           128 Stat. 1408, 1409; Pub. L. 114-
                                                                           113, div. H, title IV, Sec. 401(a),
                                                                           Dec. 18, 2015, 129 Stat. 2639;Pub. L.
                                                                           114-317, Sec. Sec. 6(4), 7(d)(2)(F),
                                                                           (3)(E), Dec. 16, 2016, 130 Stat.
                                                                           1604, 1606; Pub. L. 115-141, div. P,
                                                                           title V, Sec. 501(a)(1), Mar. 23,
                                                                           2018, 132 Stat. 1090; Pub. L. 115-
                                                                           254, div. F, title I, Sec. 1414, Oct.
                                                                           5, 2018, 132 Stat. 3492.
----------------------------------------------------------------------------------------------------------------

    In subsection (a )(1)(A), the words ``the Board for 
International Broadcasting'' are omitted as obsolete. The Board 
for International Broadcasting was established by section 3(a) 
of the Board for International Broadcasting Act of 1973 (Public 
Law 93-129, 87 Stat. 457). The Board for International 
Broadcasting Act of 1973 was repealed by section 310(e) of the 
United States International Broadcasting Act of 1994 (Public 
Law 103-236, title III, 108 Stat. 442).
    In subsection (a)(1)(A), the words ``the Federal Housing 
Finance Board'' are omitted as obsolete because the Federal 
Housing Finance Board was abolished by section 1311 of the 
Housing and Economic Recovery Act of 2008 (Public Law 110-289, 
div. A, title III, 12 U.S.C. 4511 note).
    In subsection (a)(1)(A), the words ``the Panama Canal 
Commission'' are omitted as obsolete because of section 1305 of 
the Panama Canal Act of 1979 (22 U.S.C. 3714a).
    In subsection (a)(1), subparagraph (B) restates the 
amendment made by section 409(a) of the Amtrak Reform and 
Accountability Act of 1997 (Public Law 105-134, 111 Stat. 
2586). That provision amended section 8G(a)(2) of the Inspector 
General Act of 1978 by striking ``Amtrak'' from the definition 
of ``designated Federal entity''. However, the amendment was 
enacted with a conditional effective date; it will take effect 
at the beginning of the first fiscal year after a fiscal year 
for which Amtrak receives no Federal subsidy. The conditional 
effective date creates uncertainty because it cannot be known 
in advance when the condition will be met and the amendment 
will take effect. In subsection (a)(1), subparagraph (B) 
explicitly incorporates the amendatory language and the 
conditional effective date within the restatement text in order 
to clarify that although ``Amtrak'' is currently included in 
the definition of ``designated Federal entity'', it is 
automatically struck from the definition, without further 
congressional action, whenever the specified condition is met.
    In subsection (f)(3), in subparagraph (A)(iii) and 
subparagraph (C), the words ``[Committee] on Homeland Security 
and Governmental Affairs [of the Senate]'' are substituted for 
``[Committee] on Governmental Affairs [of the Senate]'' because 
of Senate Resolution No. 445, 108th Congress, October 9, 2004 
(effective January 4, 2005).
    In subsection (f)(3), in subparagraph (A)(iii) and 
subparagraph (C), the words ``Committee on Oversight and 
Reform'' are substituted for ``Committee on Government Reform 
and Oversight'' on authority of rule X(1)(n) of the Rules of 
the House of Representatives, adopted by House Resolution No. 6 
(116th Congress, January 9, 2019).
    In subsection (f)(3)(B)(ii), the word ``ensuring'' is 
substituted for ``insuring'' for clarity.
    In subsection (g)(3), the words ``Notwithstanding the last 
sentence of subsection (d)(1) of this section'' are substituted 
for ``Notwithstanding the last sentence of subsection (d) of 
this section'' for clarity and to correct an obsolete reference 
in the law. In section 8G of the Inspector General Act of 1978, 
subsection (d) was redesignated as subsection (d)(1) by section 
431(c)(1) of the Intelligence Authorization Act for Fiscal Year 
2010 (Public Law 111-259, 124 Stat. 2731).
    In subsection (h)(1), the words ``Each year,'' are 
substituted for ``No later than April 30, 1989, and annually 
thereafter,'' to eliminate obsolete language.
    In subsection (h)(2), the words ``On October 31 of each 
year,'' are substituted for ``Beginning on October 31, 1989, 
and on October 31 of each succeeding calendar year,'' to 
eliminate obsolete language.

                              Section 416


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)                    Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
416..................................  5 U.S.C. App. (IGA Sec. 8H)        Pub. L. 95-452, Sec. 8H, as added Pub.
                                                                           L. 105-272, title VII, Sec.
                                                                           702(b)(1), Oct. 20, 1998, 112 Stat.
                                                                           2415; amended Pub. L. 107-108, title
                                                                           III, Sec. 309(b), Dec. 28, 2001, 115
                                                                           Stat. 1400; Pub. L. 107-306, title
                                                                           VIII, Sec. 825, Nov. 27, 2002, 116
                                                                           Stat. 2429; Pub. L. 110-417, [div.
                                                                           A], title IX, Sec. 931(b)(2), Oct.
                                                                           14, 2008, 122 Stat. 4575; Pub. L. 111-
                                                                           259, title IV, Sec. 431(b), Oct. 7,
                                                                           2010, 124 Stat. 2731; Pub. L. 113-
                                                                           126, title III, Sec. 310, title VI,
                                                                           Sec. 603(a), July 7, 2014, 128 Stat.
                                                                           1398, 1420; Pub. L. 116 92, div. E,
                                                                           title LXVII, Sec. 6726(c), Dec. 20,
                                                                           2019, 133 Stat. 2236.
----------------------------------------------------------------------------------------------------------------

                              Section 417


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)                    Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
417..................................  5 U.S.C. App. (IGA Sec. 8I)        Pub. L. 95-452, Sec. 8I, as added Pub.
                                                                           L. 108-7, div. L, Sec. 104(b)(3),
                                                                           Feb. 20, 2003, 117 Stat. 529; amended
                                                                           Pub. L. 108-458, title VIII, Sec.
                                                                           8304, Dec. 17, 2004, 118 Stat. 3868;
                                                                           Pub. L. 109-177, title VI, Sec.
                                                                           605(e)(4), Mar. 9, 2006, 120 Stat.
                                                                           255; Pub. L. 114-317, Sec. 6(5), Dec.
                                                                           16, 2016, 130 Stat. 1604.
----------------------------------------------------------------------------------------------------------------

    In subsection (b), the reference to ``subsection (a)(2)'' 
is substituted for ``paragraph (2)'' for clarity and to correct 
an error in the law.

                              Section 418


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)                    Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
418..................................  5 U.S.C. App. (IGA Sec. 8J)        Pub. L. 95-452, Sec. 8J, formerly Sec.
                                                                           8F, as added Pub. L. 100-504, title
                                                                           I, Sec. 105, Oct. 18, 1988, 102 Stat.
                                                                           2525; renumbered Sec. 8G and amended
                                                                           Pub. L. 103-82, title II, Sec.
                                                                           202(g)(1), (5)(B), Sept. 21, 1993,
                                                                           107 Stat. 889, 890; renumbered Sec.
                                                                           8H, Pub. L. 104-208, div. A, title I,
                                                                           Sec. 101(f) [title VI, Sec.
                                                                           662(b)(3)], Sept. 30, 1996, 110 Stat.
                                                                           3009-314, 3009 380; Pub. L. 105-206,
                                                                           title I, Sec. 1103(e)(3), July 22,
                                                                           1998, 112 Stat. 709; renumbered Sec.
                                                                           8I and amended Pub. L. 105-272, title
                                                                           VII, Sec. 702(b), Oct. 20, 1998, 112
                                                                           Stat. 2415; renumbered Sec. 8J, Pub.
                                                                           L. 108-7, div. L, Sec. 104(b)(2),
                                                                           Feb. 20, 2003, 117 Stat. 529; Pub. L.
                                                                           114-317, Sec. 6(6), Dec. 16, 2016,
                                                                           130 Stat. 1604.
----------------------------------------------------------------------------------------------------------------

                              Section 419


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)                    Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
419..................................  5 U.S.C. App. (IGA Sec. 8L)        Pub. L. 95-452, Sec. 8L, as added Pub.
                                                                           L. 112-239, div. A, title VIII, Sec.
                                                                           848(2), Jan. 2, 2013, 126 Stat. 1851;
                                                                           Pub. L. 116-92, div. A, title XVII,
                                                                           Sec. Sec. 1732(b) through 1734, Dec.
                                                                           20, 2019, 133 Stat. 1817, 1818.
----------------------------------------------------------------------------------------------------------------

    In subsection (d)(5)(B), the date ``December 19, 2019'' is 
substituted for ``the date of the enactment of the National 
Defense Authorization Act for Fiscal Year 2020'' for clarity.

                              Section 420


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)                    Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
420..................................  5 U.S.C. App. (IGA Sec. 8M)        Pub. L. 95-452, Sec. 8M, formerly Sec.
                                                                           8L, as added Pub. L. 110-409, Sec.
                                                                           13(a), Oct. 14, 2008, 122 Stat. 4315;
                                                                           renumbered Sec. 8M, Pub. L. 112-239,
                                                                           div. A, title VIII, Sec. 848(1), Jan.
                                                                           2, 2013, 126 Stat. 1851; amended Pub.
                                                                           L. 114-317, Sec. Sec. 4(e),
                                                                           7(b)(1)(A), (c), Dec. 16, 2016, 130
                                                                           Stat. 1602, 1605, 1606.
----------------------------------------------------------------------------------------------------------------

                              Section 421


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)                    Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
421..................................  5 U.S.C. App. (IGA Sec. 8N)        Pub. L. 95-452, Sec. 8N, as added Pub.
                                                                           L. 114-317, Sec. 6(7), Dec. 16, 2016,
                                                                           130 Stat. 1604.
----------------------------------------------------------------------------------------------------------------

                              Section 422


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)                    Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
422..................................  5 U.S.C. App. (IGA Sec. 9)         Pub. L. 95-452, Sec. 9, Oct. 12, 1978,
                                                                           92 Stat. 1107; Pub. L. 96-88, title
                                                                           V, Sec. 508(n)(2), Oct. 17, 1979, 93
                                                                           Stat. 694; Pub. L. 97-252, title XI,
                                                                           Sec. 1117(a)(2), (3), Sept. 8, 1982,
                                                                           96 Stat. 750; Pub. L. 100-504, title
                                                                           I, Sec. 102(d), Oct. 18, 1988, 102
                                                                           Stat. 2516; Pub. L. 103-82, title II,
                                                                           Sec. 202(g)(3)(A), Sept. 21, 1993,
                                                                           107 Stat. 890; Pub. L. 103-296, title
                                                                           I, Sec. 108(l)(1), Aug. 15, 1994, 108
                                                                           Stat. 1488; Pub. L. 105-206, title I,
                                                                           Sec. 1103(c)(1), July 22, 1998, 112
                                                                           Stat. 708; Pub. L. 107-189, Sec.
                                                                           22(c), June 14, 2002, 116 Stat. 708;
                                                                           Pub. L. 107-296, title XI, Sec.
                                                                           1112(a)(2), Nov. 25, 2002, 116 Stat.
                                                                           2276.
----------------------------------------------------------------------------------------------------------------

    In subsection (a)(1)(K), the words ``Federal Transit 
Administration'' are substituted for ``Urban Mass 
Transportation Administration'' because of section 3004(b) of 
the Federal Transit Act Amendments of 1991 (Public Law 102-240, 
title III, 49 U.S.C. 107 note).
    In subsection (a)(1)(L)(ii), the date ``July 22, 1998'' is 
substituted for ``the date of the enactment of the Internal 
Revenue Service Restructuring and Reform Act of 1998'' for 
clarity.
    In subsection (a)(1)(U), the words ``Department of Veterans 
Affairs'' are substituted for ``Veterans'' Administration'', 
and the words ``that department'' are substituted for ``that 
agency'', to update obsolete references in the law.
    In subsection (d), the date ``October 1, 1978'' is 
substituted for ``the effective date of this Act'' for clarity 
and to reflect the effective date of the Inspector General Act 
of 1978.

                              Section 423


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)                    Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
423(a)...............................  5 U.S.C. App. (IGA Sec. 3) note    Pub. L. 110-409, Sec. 4(a)(3), Oct.
                                                                           14, 2008, 122 Stat. 4303; Pub. L. 111-
                                                                           259, title IV, Sec. 405(b), Oct. 7,
                                                                           2010, 124 Stat. 2719.
423(b)...............................  5 U.S.C. App. (IGA Sec. 3) note    Pub. L. 110-409, Sec. 4(b)(1), Oct.
                                                                           14, 2008, 122 Stat. 4303.
423(c)...............................  5 U.S.C. App. (IGA Sec. 3) note    Pub. L. 110-409, Sec. 4(c), Oct. 14,
                                                                           2008, 122 Stat. 4303.
----------------------------------------------------------------------------------------------------------------

    In subsection (a)(1), the words ``the Special Inspector 
General for Iraq Reconstruction'' are omitted as obsolete. The 
Special Inspector General for Iraq Reconstruction was 
established as a temporary oversight entity and ceased 
operations on September 30, 2013. In the document ``Final 
Listing of Audit and Other Reports Issued by SIGIR on 
Reconstruction Spending in Iraq'' (78 FR 58596), see the 
statement by the Special Inspector General for Iraq 
Reconstruction in the paragraph headed ``Location of SIGIR 
Records After Closure''.

                              Section 424


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)                    Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
424(a) through (e)(3)................  5 U.S.C. App. (IGA Sec. 11)        Pub. L. 95-452, Sec. 11, as added Pub.
                                                                           L. 110-409, Sec. 7(a), Oct. 14, 2008,
                                                                           122 Stat. 4305; amended Pub. L. 114-
                                                                           113, div. M, title III, Sec. 304,
                                                                           Dec. 18, 2015, 129 Stat. 2913; Pub.
                                                                           L. 114-317, Sec. Sec. 3, 7(b)(1)(B),
                                                                           (d)(2)(G), Dec. 16, 2016, 130 Stat.
                                                                           1596, 1605, 1606; Pub. L. 115-192,
                                                                           Sec. 2(b), June 25, 2018, 132 Stat.
                                                                           1503; Public Law 116-260, div. U,
                                                                           title V, Sec. 501(a), 134 Stat.
                                                                           2293).
424(e)(4)............................  (no source)
----------------------------------------------------------------------------------------------------------------

    In subsection (b)(1)(I), the words ``Government Publishing 
Office'' are substituted for ``Government Printing Office'' 
because of section 1301(b) of the Legislative Branch 
Appropriations Act, 2015 (Public Law 113-235, div. H, 44 U.S.C. 
note prec. 301).
    In subsection (b)(3)(B)(viii)(IV), the words ``Committee on 
Oversight and Reform'' are substituted for ``Committee on 
Oversight and Government Reform'' on authority of rule X(1)(n) 
of the Rules of the House of Representatives, adopted by House 
Resolution No. 6 (116th Congress, January 9, 2019).
    In subsection (c)(1)(H), the words ``section 103H of the 
National Security Act of 1947 (50 U.S.C. 3033)'' are 
substituted for ``section 3033 of title 50, United States 
Code'' to correct the citation.
    In subsection (c)(3)(C), the date ``October 14, 2008'' is 
substituted for ``the date of enactment of this subsection'' to 
reflect the date of enactment of the Inspector General Reform 
Act of 2008 (Public Law 110-409, 122 Stat. 4302). Section 7(a) 
of the Inspector General Reform Act of 2008 (Public Law 110-
409, 122 Stat. 4305) enacted section 11 (including subsection 
(c)) of the Inspector General Act of 1978.
    In subsection (c)(3)(C), the words ``the authority in that 
subparagraph'' are substituted for ``the authority in that 
paragraph'' to correct an error in the law.
    In subsection (c)(5)(A), the reference to ``section 
403(d)(1)(C) of this title'' is substituted for ``section 
3(d)(C)'' for clarity and to correct an error in the law. In 
section 11(c)(5)(A) of the Inspector General Act of 1978, as 
added by section 2(b) of the Whistleblower Protection 
Coordination Act (Public Law 115-192, 132 Stat. 1503), the 
reference to ``section 3(d)(C)'' should be to ``section 
3(d)(1)(C)''. Section 3(d)(1)(C) of the Inspector General Act 
of 1978 is restated as ``section 403(d)(1)(C) of this title'' 
(i.e., section 403(d)(1)(C) of title 5, United States Code).
    In subsection (d)(8)(A), at the end of clause (ii), the 
word ``and'' is omitted to correct an error in the law.
    In subsection (d)(8)(A)(iii), the words ``Committee on 
Oversight and Reform'' are substituted for ``Committee on 
Oversight and Government Reform'' on authority of rule X(1)(n) 
of the Rules of the House of Representatives, adopted by House 
Resolution No. 6 (116th Congress, January 9, 2019).
    In subsection (e)(1)(C), the word ``Program'' is 
substituted for the word ``Plan'' (in the phrase ``Troubled 
Asset Relief Program'') to correct an error in the law. In 
subsection (e)(1)(D), the words ``Coronavirus Economic 
Stabilization Act of 2020'' are substituted for ``CARES Act'' 
to use the applicable short title as provided in section 4001 
of Public Law 116-136 (134 Stat. 469).
    In subsection (e), paragraph (4) is added to carry forward 
the effective date provision from section 501(c) of the 
Consolidated Appropriations Act, 2021 (Public Law 116-260, div. 
U, title V, 134 Stat. 2294). Section 501(c) of the Consolidated 
Appropriations Act, 2021 provides that: ``This Act and the 
amendments made by this Act shall take effect on the date that 
is 30 days after the date of receipt by the Council of the 
Inspectors General on Integrity and Efficiency of an 
appropriation for the implementation of this Act.''. The scope 
of applicability for the effective date provision is unclear 
because the references to this Act are ambiguous. The 
references to this Act do not refer the entirety of the 
Consolidated Appropriations Act, 2021, because the references 
are limited by section 3 of the Consolidated Appropriations 
Act, 2021 (Public Law 116-260, 134 Stat. 1185), which provides 
that: ``Except as expressly provided otherwise, any reference 
to `this Act' contained in any division of this Act shall be 
treated as referring only to the provisions of that 
division.''. At most, therefore, the references to this Act 
refer only to the provisions of division U of the Act 
(beginning at 134 Stat. 2286). However, it is questionable 
whether Congress intends the effective date to apply to the 
entirety of division U. The relevant portion of division U 
appears to be limited to section 501 of the Consolidated 
Appropriations Act, 2021. The effective date is clearly 
intended to apply to section 501 of the Act, but it is unclear 
whether it is intended to apply to other portions of division 
U. In the restatement, paragraph (4) of subsection (e) carries 
forward the effective date as a ``no-source'' provision, 
explicitly making the effective date apply to the provisions 
added by section 501 of the Consolidated Appropriations Act, 
2021, while avoiding the repeal of section 501(c) of the 
Consolidated Appropriations Act, 2021, which continues to apply 
(or not) to other portions of division U to whatever extent 
Congress originally intended.

                             Section 13101


----------------------------------------------------------------------------------------------------------------
            Revised Section                    Source (U.S. Code)                     Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
 13101...............................   5 U.S.C. App. (EGA Sec. 109)       Pub. L. 95-521, title I, Sec. 109,
                                                                           Oct. 26, 1978, 92 Stat. 1836; Pub. L.
                                                                           101-194, title II, Sec. 202, Nov. 30,
                                                                           1989, 103 Stat. 1741; Pub. L. 101-
                                                                           280, Sec. 3(1), (8), May 4, 1990, 104
                                                                           Stat. 152, 155; Pub. L. 102-378, Sec.
                                                                           4(a)(2), Oct. 2, 1992, 106 Stat.
                                                                           1357; Pub. L. 102-572, title IX, Sec.
                                                                           902(b)(2), Oct. 29, 1992, 106 Stat.
                                                                           4516; Pub. L. 103-160, div. A, title
                                                                           XI, Sec. 1182(d)(3), Nov. 30, 1993,
                                                                           107 Stat. 1773; Pub. L. 103-337, div.
                                                                           A, title IX, Sec. 924(d)(3), Oct. 5,
                                                                           1994, 108 Stat. 2832; Pub. L. 104-
                                                                           186, title II, Sec. 216(2), Aug. 20,
                                                                           1996, 110 Stat. 1747; Pub. L. 105-
                                                                           368, title V, Sec. 512(b)(1)(D), Nov.
                                                                           11, 1998, 112 Stat. 3342; Pub. L. 108-
                                                                           271, Sec. 8(b), July 7, 2004, 118
                                                                           Stat. 814; Pub. L. 110-323, Sec. 7,
                                                                           Sept. 22, 2008, 122 Stat. 3547; Pub.
                                                                           L. 113-235, div. H, title I, Sec.
                                                                           1301(b), Dec. 16, 2014, 128 Stat.
                                                                           2537.
----------------------------------------------------------------------------------------------------------------

    In paragraphs (1) and (18)(B), the words ``Committee on 
Ethics of the House of Representatives'' are substituted for 
``Committee on Standards of Official Conduct of the House of 
Representatives'' because of House Resolution No. 5, 112th 
Congress, Jan. 5, 2011.
    In paragraph (6), the words ``The term `honoraria' means 
the plural of `honorarium' as defined in section 13141 of this 
title'' are substituted for ``the term `honoraria' has the 
meaning given such term in section 505 of this Act'' for 
clarity. In the source law, the plural form ``honoraria'' is 
defined in section 109 of the Ethics in Government Act of 1978, 
but the singular form ``honorarium'' is defined in section 505 
of the Act.

                             Section 13102


----------------------------------------------------------------------------------------------------------------
            Revised Section                    Source (U.S. Code)                     Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
 13102...............................   5 U.S.C. App. (EGA Sec. 111)       Pub. L. 95-521, title I, Sec. 111, as
                                                                           added Pub. L. 101-194, title II, Sec.
                                                                           202, Nov. 30, 1989, 103 Stat. 1744;
                                                                           amended Pub. L. 101-280, Sec. 3(1),
                                                                           (9), May 4, 1990, 104 Stat. 152, 157.
----------------------------------------------------------------------------------------------------------------

    In subsection (a)(2), the words ``Committee on Ethics of 
the House of Representatives'' are substituted for ``Committee 
on Standards of Official Conduct of the House of 
Representatives'' because of House Resolution No. 5, 112th 
Congress, January 5, 2011.

                             Section 13103


----------------------------------------------------------------------------------------------------------------
            Revised Section                    Source (U.S. Code)                     Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
 13103...............................   5 U.S.C. App. (EGA Sec. 101)       Pub. L. 95-521, title I, Sec. 101,
                                                                           Oct. 26, 1978, 92 Stat. 1824; Pub. L.
                                                                           96-19, Sec. Sec. 2(a)(1), (b),
                                                                           (c)(1), 4(b)(1), (d)-(f), 5, June 13,
                                                                           1979, 93 Stat. 37, 38, 40; Pub. L.
                                                                           101-194, title II, Sec. 202, Nov. 30,
                                                                           1989, 103 Stat. 1725; Pub. L. 101-
                                                                           280, Sec. 3(1), (2), May 4, 1990, 104
                                                                           Stat. 152; Pub. L. 102-25, title VI,
                                                                           Sec. 605(a), Apr. 6, 1991, 105 Stat.
                                                                           110; Pub. L. 102-378, Sec. 4(a)(1),
                                                                           Oct. 2, 1992, 106 Stat. 1356; Pub. L.
                                                                           109-435, title VI, Sec. 604(c), Dec.
                                                                           20, 2006, 120 Stat. 3241.
----------------------------------------------------------------------------------------------------------------

    In subsection (c), the words ``section 301 of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30101)'' are 
substituted for ``section 301 of the Federal Campaign Act of 
1971'' for clarity and to correct an error in the law.
    In subsection (f)(8), the words ``special Government 
employee'' are substituted for ``special government employee'' 
to correct an error in the law.

                             Section 13104


----------------------------------------------------------------------------------------------------------------
            Revised Section                    Source (U.S. Code)                     Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
 13104...............................   5 U.S.C. App. (EGA Sec. 102)       Pub. L. 95-521, title I, Sec. 102,
                                                                           Oct. 26, 1978, 92 Stat. 1825; Pub. L.
                                                                           96-19, Sec. Sec. 3(a)(1), (b), 6(a),
                                                                           7(a)-(d)(1), (f), 9(b), (c)(1), (j),
                                                                           June 13, 1979, 93 Stat. 39-43; Pub.
                                                                           L. 97-51, Sec. 130(b), Oct. 1, 1981,
                                                                           95 Stat. 966; Pub. L. 98-150, Sec.
                                                                           10, Nov. 11, 1983, 97 Stat. 962; Pub.
                                                                           L. 101-194, title II, Sec. 202, Nov.
                                                                           30, 1989, 103 Stat. 1727; Pub. L. 101-
                                                                           280, Sec. 3(3), May 4, 1990, 104
                                                                           Stat. 152; Pub. L. 102-90, title III,
                                                                           Sec. 314(a), Aug. 14, 1991, 105 Stat.
                                                                           469; Pub. L. 104-65, Sec. Sec. 20,
                                                                           22(a), (b), Dec. 19, 1995, 109 Stat.
                                                                           704, 705; Pub. L. 112-105, Sec.
                                                                           13(a), Apr. 4, 2012, 126 Stat. 300.
----------------------------------------------------------------------------------------------------------------

    In subsection (a)(4)(A), in clause (ii)(II) and clause 
(iii)(II), the words ``special Government employee'' are 
substituted for ``special government employee'' to correct 
errors in the law.
    In subsection (f)(2)(B)(ii), at the end of the clause, 
after the word ``knowledge'', the word ``of'' is omitted to 
correct an error in the law. The preceding phrase ``of which'' 
eliminates the need for ``of'' after ``knowledge''.
    In subsection (f)(3)(E), the words ``Securities Exchange 
Act of 1934'' are substituted for ``Securities and Exchange Act 
of 1934'' to correct an error in the law. See the short title 
enacted by section 1 of the Act (15 U.S.C. 78a).
    In subsection (f)(3)(F), the reference to ``the effective 
date of title II of the Ethics Reform Act of 1989'' is not 
translated to a date certain because the date varies. For most 
provisions, the effective date is January 1, 1991. For section 
102(f)(4)(B) of the Ethics in Government Act of 1978, which is 
restated as section 13104(f)(4)(B) of title 5, United States 
Code, the effective date is January 1, 1990. See section 204 of 
the Ethics Reform Act of 1989, as added by section 3(10)(B) of 
Public Law 101-280 (104 Stat. 157).
    In subsection (f)(4)(B)(i)(V), the reference to ``the 
effective date of this Act'' is not translated to a date 
certain because the date is ambiguous. The words ``the 
effective date of this Act'' probably mean the effective date 
of title II of the Ethics Reform Act of 1989 (rather than the 
effective date of the Ethics in Government Act of 1978). Title 
II of the Ethics Reform Act of 1989 enacted a general amendment 
of title I of the Ethics in Government Act of 1978 (see section 
202 at 103 Stat. 1724). For title II of the Ethics Reform Act 
of 1989, the effective date varies. For most provisions, the 
effective date is January 1, 1991. For section 102(f)(4)(B) of 
the Ethics in Government Act of 1978, which is restated as 
section 13104(f)(4)(B) of title 5, United States Code, the 
effective date is January 1, 1990. See section 204 of the 
Ethics Reform Act of 1989, as added by section 3(10)(B) of 
Public Law 101-280 (104 Stat. 157).

                             Section 13105


----------------------------------------------------------------------------------------------------------------
            Revised Section                    Source (U.S. Code)                     Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
 13105...............................   5 U.S.C. App. (EGA Sec. 103)       Pub. L. 95-521, title I, Sec. 103,
                                                                           Oct. 26, 1978, 92 Stat. 1831; Pub. L.
                                                                           96-19, Sec. Sec. 4(b)(2), 9(a), June
                                                                           13, 1979, 93 Stat. 40, 42; Pub. L.
                                                                           101-194, title II, Sec. 202, Nov. 30,
                                                                           1989, 103 Stat. 1736; Pub. L. 101-
                                                                           280, Sec. 3(1), (4), May 4, 1990, 104
                                                                           Stat. 152, 153; Pub. L. 102-90, title
                                                                           III, Sec. 313(1), Aug. 14, 1991, 105
                                                                           Stat. 469; Pub. L. 104-186, title II,
                                                                           Sec. 216(1), Aug. 20, 1996, 110 Stat.
                                                                           1747; Pub. L. 108-271, Sec. 8(b),
                                                                           July 7, 2004, 118 Stat. 814; Pub. L.
                                                                           109-55, title I, Sec. 1003(a), Aug.
                                                                           2, 2005, 119 Stat. 572; Pub. L. 112-
                                                                           105, Sec. Sec. 6(a), 19(a), Apr. 4,
                                                                           2012, 126 Stat. 293, 304; Pub. L. 113-
                                                                           235, div. H, title I, Sec. 1301(b),
                                                                           Dec. 16, 2014, 128 Stat. 2537; Pub.
                                                                           L. 115-277, Sec. 1(b), Nov. 3, 2018,
                                                                           132 Stat. 4167.
----------------------------------------------------------------------------------------------------------------

    In subsection (h)(1)(A)(ii), the date ``November 30, 1989'' 
is substituted for ``the date of the enactment of the Ethics 
Reform Act of 1989'' to reflect the date of enactment of the 
Ethics Reform Act of 1989 (Public Law 101-194, 103 Stat. 1716).
    In subsection (i)(1), the reference to ``section 312(a) of 
the Federal Election Campaign Act of 1971 (52 U.S.C. 
30113(a))'' is substituted for ``section 316(a) of the Federal 
Election Campaign Act of 1971'' to correct an error in the law. 
Section 312(a), not section 316(a), of the Federal Election 
Campaign Act of 1971 contains provisions relating to the filing 
of copies of reports with the appropriate State officer. 
Section 312 of the Federal Election Campaign Act of 1971 was 
originally enacted as section 309, but was redesignated several 
times. The provision was redesignated as section 317 by section 
208(a) of Public Law 93-443 (88 Stat. 1279), as section 316 by 
section 105 of Public Law 94-283 (90 Stat. 481), and as section 
312 by section 105(4) of Public Law 96-187 (93 Stat. 1354).
    In subsection (j)(1), the words ``Committee on Ethics of 
the House of Representatives'' are substituted for ``Committee 
on Standards of Official Conduct of the House of 
Representatives'' because of House Resolution No. 5, 112th 
Congress, January 5, 2011.
    In subsection (l)(8), the words ``special Government 
employee as defined in section 202 of title 18'' are 
substituted for ``special government employee'' for clarity and 
consistency with other provisions of the chapter.

                             Section 13106


----------------------------------------------------------------------------------------------------------------
            Revised Section                    Source (U.S. Code)                     Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
 13106...............................   5 U.S.C. App. (EGA Sec. 104)       Pub. L. 95-521, title I, Sec. 104,
                                                                           Oct. 26, 1978, 92 Stat. 1832; Pub. L.
                                                                           96-19, Sec. 8(a), June 13, 1979, 93
                                                                           Stat. 41; Pub. L. 101-194, title II,
                                                                           Sec. 202, Nov. 30, 1989, 103 Stat.
                                                                           1737; Pub. L. 101-280, Sec. 3(1),
                                                                           (5), May 4, 1990, 104 Stat. 152, 154;
                                                                           Pub. L. 101-650, title IV, Sec. 405,
                                                                           Dec. 1, 1990, 104 Stat. 5124; Pub. L.
                                                                           110-81, title VII, Sec. 702, Sept.
                                                                           14, 2007, 121 Stat. 775.
----------------------------------------------------------------------------------------------------------------

    In subsection (d)(1) (matter after subparagraph (B)), the 
extra period at the end is removed to correct an error in the 
law. The extra period resulted from an amendment to the source 
law made by section 3(5)(B) of Public Law 101-280 (104 Stat. 
154).

                             Section 13107


----------------------------------------------------------------------------------------------------------------
            Revised Section                    Source (U.S. Code)                     Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
 13107...............................   5 U.S.C. App. (EGA Sec. 105)       Pub. L. 95-521, title I, Sec. 105,
                                                                           Oct. 26, 1978, 92 Stat. 1833; Pub. L.
                                                                           101-194, title II, Sec. 202, Nov. 30,
                                                                           1989, 103 Stat. 1737; Pub. L. 101-
                                                                           280, Sec. 3(6), May 4, 1990, 104
                                                                           Stat. 154; Pub. L. 102-90, title III,
                                                                           Sec. 313(2), Aug. 14, 1991, 105 Stat.
                                                                           469; Pub. L. 103-359, title V, Sec.
                                                                           501(m), Oct. 14, 1994, 108 Stat.
                                                                           3430; Pub. L. 104-201, div. A, title
                                                                           XI, Sec. 1122(b)(2), Sept. 23, 1996,
                                                                           110 Stat. 2687; Pub. L. 105-318, Sec.
                                                                           7, Oct. 30, 1998, 112 Stat. 3011;
                                                                           Pub. L. 107-126, Jan. 16, 2002, 115
                                                                           Stat. 2404; Pub. L. 108-458, title I,
                                                                           Sec. 1079(c), Dec. 17, 2004, 118
                                                                           Stat. 3696; Pub. L. 110-24, Sec. Sec.
                                                                           2, 3, May 3, 2007, 121 Stat. 100;
                                                                           Pub. L. 110-177, title I, Sec. 104,
                                                                           Jan. 7, 2008, 121 Stat. 2535; Pub. L.
                                                                           110-417, [div. A], title IX, Sec.
                                                                           931(b)(1), Oct. 14, 2008, 122 Stat.
                                                                           4575; Pub. L. 112-84, Sec. 1, Jan. 3,
                                                                           2012, 125 Stat. 1870; Pub. L. 112-
                                                                           105, Sec. 8(c), Apr. 4, 2012, 126
                                                                           Stat. 296; Pub. L. 115-141, div. M,
                                                                           title VI, Sec. 601, Mar. 23, 2018,
                                                                           132 Stat. 1051.
----------------------------------------------------------------------------------------------------------------

    In subsection (a)(1), the word ``by'' is substituted for 
``be'' to correct an error in the law. The change appears in 
the phrase ``public disclosure of such report would, by [be] 
revealing the identity of the individual or other sensitive 
information, compromise the national interest of the United 
States''.
    In subsection (b)(3)(C) (matter before clause (i)), the 
words ``Committee on Oversight and Reform'' are substituted for 
``Committee on Oversight and Government Reform'' on authority 
of Rule X(1)(n) of the Rules of the House of Representatives, 
adopted by House Resolution No. 6 (116th Congress, January 9, 
2019).

                             Section 13108


----------------------------------------------------------------------------------------------------------------
            Revised Section                    Source (U.S. Code)                     Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
 13108...............................   5 U.S.C. App. (EGA Sec. 106)       Pub. L. 95-521, title I, Sec. 106,
                                                                           Oct. 26, 1978, 92 Stat. 1833; Pub. L.
                                                                           101-194, title II, Sec. 202, Nov. 30,
                                                                           1989, 103 Stat. 1739; Pub. L. 101-
                                                                           280, Sec. 3(1), (7), May 4, 1990, 104
                                                                           Stat. 152, 155.
----------------------------------------------------------------------------------------------------------------

                             Section 13109


----------------------------------------------------------------------------------------------------------------
            Revised Section                    Source (U.S. Code)                     Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
 13109...............................   5 U.S.C. App. (EGA Sec. 107)       Pub. L. 95-521, title I, Sec. 107,
                                                                           Oct. 26, 1978, 92 Stat. 1834; Pub. L.
                                                                           96-19, Sec. 9(d), (g), June 13, 1979,
                                                                           93 Stat. 42, 43; Pub. L. 101-194,
                                                                           title II, Sec. 202, Nov. 30, 1989,
                                                                           103 Stat. 1740.
----------------------------------------------------------------------------------------------------------------

                             Section 13110


----------------------------------------------------------------------------------------------------------------
            Revised Section                    Source (U.S. Code)                     Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
 13110...............................   5 U.S.C. App. (EGA Sec. 108)       Pub. L. 95-521, title I, Sec. 108,
                                                                           Oct. 26, 1978, 92 Stat. 1835; Pub. L.
                                                                           96-19, Sec. 9(t), June 13, 1979, 93
                                                                           Stat. 44; Pub. L. 101-194, title II,
                                                                           Sec. 202, Nov. 30, 1989, 103 Stat.
                                                                           1741.
----------------------------------------------------------------------------------------------------------------

                             Section 13111


----------------------------------------------------------------------------------------------------------------
            Revised Section                    Source (U.S. Code)                     Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
 13111...............................   5 U.S.C. App. (EGA Sec. 110)       Pub. L. 95-521, title I, Sec. 110, as
                                                                           added Pub. L. 101-194, title II, Sec.
                                                                           202, Nov. 30, 1989, 103 Stat. 1744;
                                                                           amended Pub. L. 101-280, Sec. 3(1),
                                                                           May 4, 1990, 104 Stat. 152.
----------------------------------------------------------------------------------------------------------------

                             Section 13121


----------------------------------------------------------------------------------------------------------------
            Revised Section                    Source (U.S. Code)                     Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
 13121...............................   5 U.S.C. App. (EGA Sec. 401)       Pub. L. 95-521, title IV, Sec. 401,
                                                                           Oct. 26, 1978, 92 Stat. 1862; Pub. L.
                                                                           98-150, Sec. 2, Nov. 11, 1983, 97
                                                                           Stat. 959; Pub. L. 100-598, Sec. 3,
                                                                           Nov. 3, 1988, 102 Stat. 3031; Pub. L.
                                                                           104-179, Sec. 4(b)(2)(A), Aug. 6,
                                                                           1996, 110 Stat. 1567.
----------------------------------------------------------------------------------------------------------------

                             Section 13122


----------------------------------------------------------------------------------------------------------------
            Revised Section                    Source (U.S. Code)                     Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
 13122...............................   5 U.S.C. App. (EGA Sec. 402)       Pub. L. 95-521, title IV, Sec. 402,
                                                                           Oct. 26, 1978, 92 Stat. 1862; Pub. L.
                                                                           96-19, Sec. 9(e), (s), June 13, 1979,
                                                                           93 Stat. 43, 44; Pub. L. 98-150, Sec.
                                                                           3(a), (b), Nov. 11, 1983, 97 Stat.
                                                                           959; Pub. L. 100-598, Sec. Sec. 5-7,
                                                                           Nov. 3, 1988, 102 Stat. 3032, 3033.
----------------------------------------------------------------------------------------------------------------

    In subsection (b)(1), the reference to ``subchapter I'' is 
substituted for ``title II of this Act'' for clarity and to 
update an obsolete reference in the law. The reference to 
``title II of this Act'' means title II of the Ethics in 
Government Act of 1978, which was previously repealed. Section 
201 of the Ethics Reform Act of 1989 (Public Law 101-194, 103 
Stat. 1724) repealed title II of the Ethics in Government Act 
of 1978. Section 202 of the Ethics Reform Act of 1989 (Public 
Law 101-194, 103 Stat. 1724) enacted a general amendment of 
title I of the Ethics in Government Act of 1978, and, as 
amended, title I of the Ethics in Government Act of 1978 
included provisions relating to the filing, review, and public 
availability of financial statements filed by officers and 
employees in the executive, legislative, and judicial branches 
of the Federal Government. Title I of the Ethics in Government 
Act of 1978 is restated as ``subchapter I'' (i.e., subchapter I 
of chapter 131 of title 5, United States Code).
    In subsection (b)(3), the reference to ``subchapter I'' is 
substituted for ``title II of this Act'' and for ``such title'' 
for clarity and to update obsolete references in the law. See 
the explanation in the revision note pertaining to subsection 
(b)(1) of this section.
    In subsection (b)(15), the reference to ``subchapter I'' is 
substituted for ``title II of this Act'' for clarity and to 
update an obsolete reference in the law. See the explanation in 
the revision note pertaining to subsection (b)(1) of this 
section.
    In subsection (f)(2)(B)(iv), the reference to ``subchapter 
I'' is substituted for ``title 2 of this Act'' for clarity and 
to update an erroneous and obsolete reference in the law. The 
reference to ``title 2 of this Act'' should be ``title II of 
this Act'', meaning title II of the Ethics in Government Act of 
1978, which was previously repealed. See the explanation in the 
revision note pertaining to subsection (b)(1) of this section.
    In subsection (f)(2)(B)(iv), the reference to ``section 
13108 of this title'' is substituted for ``section 206 of this 
Act'' for clarity and to update an obsolete reference in the 
law. The reference to ``section 206 of this Act'' means section 
206 of the Ethics in Government Act of 1978, which was 
previously repealed. The Act language for the now repealed 
section 206 of the Ethics in Government Act of 1978 appears at 
92 Stat. 1847 (except that section 9(m) of Public Law 96-19 (93 
Stat. 43) amended the text of section 206(a) of the Ethics in 
Government Act of 1978 by striking ``shall be'' and inserting 
``is''). Section 206 of the Ethics in Government Act of 1978 
was repealed by section 201 of the Ethics Reform Act of 1989 
(Public Law 101-194, 103 Stat. 1724), and equivalent language 
was enacted as section 106 of the Ethics in Government Act of 
1978 by section 202 of the Ethics Reform Act of 1989 (Public 
Law 101-194, 103 Stat. 1724, 1739). Section 106 of the Ethics 
in Government Act of 1978 is restated as ``section 13108 of 
this title'' (i.e., section 13108 of title 5, United States 
Code).
    In subsection (f)(3)(B), the words ``the head of the 
officer's'' are substituted for ``the head of officer's'' to 
correct an error in the law.

                             Section 13123


----------------------------------------------------------------------------------------------------------------
            Revised Section                    Source (U.S. Code)                     Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
 13123...............................   5 U.S.C. App. (EGA Sec. 403)       Pub. L. 95-521, title IV, Sec. 403,
                                                                           Oct. 26, 1978, 92 Stat. 1863; Pub. L.
                                                                           98-150, Sec. 5, Nov. 11, 1983, 97
                                                                           Stat. 960; Pub. L. 100-598, Sec. 9,
                                                                           Nov. 3, 1988, 102 Stat. 3035; Pub. L.
                                                                           104-179, Sec. 2, Aug. 6, 1996, 110
                                                                           Stat. 1566.
----------------------------------------------------------------------------------------------------------------

                             Section 13124


----------------------------------------------------------------------------------------------------------------
            Revised Section                    Source (U.S. Code)                     Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
 13124...............................   5 U.S.C. App. (EGA Sec. 404)       Pub. L. 95-521, title IV, Sec. 404,
                                                                           Oct. 26, 1978, 92 Stat. 1863; Pub. L.
                                                                           98-150, Sec. 3(c), Nov. 11, 1983, 97
                                                                           Stat. 960.
----------------------------------------------------------------------------------------------------------------

                             Section 13125


----------------------------------------------------------------------------------------------------------------
            Revised Section                    Source (U.S. Code)                     Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
 13125...............................   5 U.S.C. App. (EGA Sec. 405)       Pub. L. 95-521, title IV, Sec. 405,
                                                                           Oct. 26, 1978, 92 Stat. 1863; Pub. L.
                                                                           98-150, Sec. 12, Nov. 11, 1983, 97
                                                                           Stat. 963; Pub. L. 100-598, Sec. 2,
                                                                           Nov. 3, 1988, 102 Stat. 3031; Pub. L.
                                                                           101-334, Sec. 2, July 16, 1990, 104
                                                                           Stat. 318; Pub. L. 102-506, Sec. 2,
                                                                           Oct. 24, 1992, 106 Stat. 3280; Pub.
                                                                           L. 104-179, Sec. 3, Aug. 6, 1996, 110
                                                                           Stat. 1566; Pub. L. 107-119, Sec. 2,
                                                                           Jan. 15, 2002, 115 Stat. 2382; Pub.
                                                                           L. 109-289, div. B, title II, Sec.
                                                                           21069, as added Pub. L. 110-5, Sec.
                                                                           2, Feb. 15, 2007, 121 Stat. 57.
----------------------------------------------------------------------------------------------------------------

    Although provisions authorizing the appropriation of ``such 
sums as may be necessary'' are generally considered 
unnecessary, and although this provision is obsolete because it 
explicitly applies only to fiscal year 2007, the provision is 
nevertheless intentionally restated in chapter 131 of title 5, 
United States Code.

                             Section 13126


----------------------------------------------------------------------------------------------------------------
            Revised Section                    Source (U.S. Code)                     Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
 13126...............................   5 U.S.C. App. (EGA Sec. 408)       Pub. L. 95-521, title IV, Sec. 408,
                                                                           as added Pub. L. 100-598, Sec. 4,
                                                                           Nov. 3, 1988, 102 Stat. 3031; amended
                                                                           Pub. L. 104-179, Sec. 4(b)(2)(B),
                                                                           Aug. 6, 1996, 110 Stat. 1567.
----------------------------------------------------------------------------------------------------------------

                             Section 13141


----------------------------------------------------------------------------------------------------------------
            Revised Section                    Source (U.S. Code)                     Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
 13141...............................   5 U.S.C. App. (EGA Sec. 505)       Pub. L. 95-521, title V, Sec. 505, as
                                                                           added Pub. L. 101-194, title VI, Sec.
                                                                           601(a), Nov. 30, 1989, 103 Stat.
                                                                           1761; amended Pub. L. 102-90, title
                                                                           I, Sec. 6(b)(2), (3), title III, Sec.
                                                                           314(b), Aug. 14, 1991, 105 Stat. 450,
                                                                           469.
----------------------------------------------------------------------------------------------------------------

                             Section 13142


----------------------------------------------------------------------------------------------------------------
            Revised Section                    Source (U.S. Code)                     Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
 13142...............................   5 U.S.C. App. (EGA Sec. 503)       Pub. L. 95-521, title V, Sec. 503, as
                                                                           added Pub. L. 101-194, title VI, Sec.
                                                                           601(a), Nov. 30, 1989, 103 Stat.
                                                                           1761; amended Pub. L. 101-280, Sec.
                                                                           7(c), May 4, 1990, 104 Stat. 161;
                                                                           Pub. L. 102-90, title I, Sec.
                                                                           6(b)(1), Aug. 14, 1991, 105 Stat.
                                                                           450.
----------------------------------------------------------------------------------------------------------------

    In paragraph (1)(A), the words ``Committee on Ethics of the 
House of Representatives'' are substituted for ``Committee on 
Standards of Official Conduct of the House of Representatives'' 
because of House Resolution No. 5, 112th Congress, January 5, 
2011.

                             Section 13143


----------------------------------------------------------------------------------------------------------------
            Revised Section                    Source (U.S. Code)                     Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
 13143...............................   5 U.S.C. App. (EGA Sec. 501)       Pub. L. 95-521, title V, Sec. 501, as
                                                                           added Pub. L. 101-194, title VI, Sec.
                                                                           601(a), Nov. 30, 1989, 103 Stat.
                                                                           1760; amended Pub. L. 101-280, Sec.
                                                                           7(a), May 4, 1990, 104 Stat. 161;
                                                                           Pub. L. 102-378, Sec. 4(b)(1), (2),
                                                                           Oct. 2, 1992, 106 Stat. 1357.
----------------------------------------------------------------------------------------------------------------

                             Section 13144


----------------------------------------------------------------------------------------------------------------
            Revised Section                    Source (U.S. Code)                     Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
 13144...............................   5 U.S.C. App. (EGA Sec. 502)       Pub. L. 95-521, title V, Sec. 502, as
                                                                           added Pub. L. 101-194, title VI, Sec.
                                                                           601(a), Nov. 30, 1989, 103 Stat.
                                                                           1761; amended Pub. L. 101-280, Sec.
                                                                           7(a)(1), (b), May 4, 1990, 104 Stat.
                                                                           161; Pub. L. 101-650, title III, Sec.
                                                                           319, Dec. 1, 1990, 104 Stat. 5117;
                                                                           Pub. L. 102-198, Sec. 6, Dec. 9,
                                                                           1991, 105 Stat. 1624; Pub. L. 102-
                                                                           378, Sec. 4(b)(3), Oct. 2, 1992, 106
                                                                           Stat. 1357.
----------------------------------------------------------------------------------------------------------------

    In subsection (b)(2), the words ``subsection (e) of section 
371 of title 28'' are substituted for ``subsection (f) of 
section 371 of title 28'' for clarity and to update an obsolete 
reference in the law. Subsection (f) of section 371 of title 
28, United States Code, was redesignated as subsection (e) by 
section 654(a)(1)(B) of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (Public Law 106-398, 
Sec. 1 [div. A, title VI, Sec. 654(a)(1)(B)], 114 Stat. 1654, 
1654A-165).

                             Section 13145


----------------------------------------------------------------------------------------------------------------
            Revised Section                    Source (U.S. Code)                     Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
 13145...............................   5 U.S.C. App. (EGA Sec. 504)       Pub. L. 95-521, title V, Sec. 504, as
                                                                           added Pub. L. 101-194, title VI, Sec.
                                                                           601(a), Nov. 30, 1989, 103 Stat.
                                                                           1761.
----------------------------------------------------------------------------------------------------------------

                             Section 13146


----------------------------------------------------------------------------------------------------------------
            Revised Section                    Source (U.S. Code)                     Source (Pub. L.)
----------------------------------------------------------------------------------------------------------------
 13146...............................   (no source)
----------------------------------------------------------------------------------------------------------------

    This section is added in accordance with section 603 of the 
Ethics Reform Act of 1989 (Public Law 101-194, 26 U.S.C. 7701 
note). Section 603 of the Ethics Reform Act of 1989 provides 
that amendments made by title VI of the Act (103 Stat. 1760) 
shall cease to be effective if the provisions of section 703 of 
the Act (5 U.S.C. 5318 note) are repealed, in which case the 
laws in effect before the amendments made by title VI of the 
Act shall be deemed to be reenacted. Among other things, the 
amendments made by title VI of the Ethics Reform Act of 1989 
enacted a general rewrite of title V of the Ethics in 
Government Act of 1978, which is restated as this subchapter. 
If the provisions of section 703 of the Ethics Reform Act of 
1989 (Public Law 101-194, 5 U.S.C. 5318 note) are repealed, 
then this subchapter shall cease to be effective, and the prior 
provisions of title V of the Ethics in Government Act of 1978 
shall be deemed to be reenacted. The prior provisions of title 
V of the Ethics in Government Act of 1978 (Public Law 95-521, 
92 Stat. 1864) relate to an amendment to section 207 of title 
18, United States Code, which has previously been executed to 
text.

Section 4--Technical Amendments

    Section 4(a) of the bill makes technical amendments to 
update references to the Federal Advisory Committee Act (Public 
Law 92-463), which is restated by section 3(a) of the bill as 
chapter 10 of title 5, United States Code.
    Section 4(b) of the bill makes technical amendments to 
update references to the Inspector General Act of 1978 (Public 
Law 95-452), which is restated by section 3(b) of the bill as 
chapter 4 of title 5, United States Code.
    Section 4(c) of the bill makes technical amendments to 
update references to the Ethics in Government Act of 1978 
(Public Law 95-521), which is restated by section 3(c) of the 
bill as chapter 131 of title 5, United States Code.
    Section 4(d) of the bill makes technical amendments to 
update tables of contents in title 5, United States Code.
    In the course of preparing the amendments to update 
references in section 4 of the bill, several errors in the 
existing law were identified and corrected. The corrections are 
explained in detail in the paragraphs below.
    Section 4(b)(82)(A)(i) of the bill amends section 160(a) 
(matter before paragraph (1)) of the Energy Policy Act of 1992 
(42 U.S.C. 8262f(a) (matter before paragraph (1))) by striking 
``section 11(2) of the Inspector General Act of 1978 (5 U.S.C. 
App.),'' and inserting ``section 401(1) of title 5, United 
States Code,''. The existing reference to ``section 11(2) of 
the Inspector General Act of 1978 (5 U.S.C. App.)'' is 
erroneous because section 11 of the Inspector General Act of 
1978 was renumbered as section 12 by section 7(a) of Public Law 
110-409 (122 Stat. 4305). Section 12(2) of the Inspector 
General Act of 1978 is restated as section 401(1) of title 5, 
United States Code.
    Section 4(b)(82)(A)(ii) of the bill amends section 160(a) 
(matter before paragraph (1)) of the Energy Policy Act of 1992 
(42 U.S.C. 8262f(a) (matter before paragraph (1))) by striking 
``section 8E(f)(1) as established by section 8E(a)(2) of the 
Inspector General Act Amendments of 1988 (Public Law 100-504)'' 
and inserting ``section 415(f) of title 5, United States 
Code,''. The existing reference to ``section 8E(f)(1) as 
established by section 8E(a)(2) of the Inspector General Act 
Amendments of 1988 (Public Law 100-504)'' is erroneous because 
section 8E of the Inspector General Act of 1978 was added by 
section 104(a)--not ``section 8E(a)(2)''--of the Inspector 
General Act Amendments of 1988 (Public Law 100-504, 102 Stat. 
2522, 2524). In addition, the existing reference is erroneous 
because section 8E of the Inspector General Act of 1978 was 
successively redesignated as section 8F (by Public Law 103-82, 
Sec. 202(g)(1), 107 Stat. 889) and as section 8G (by Public Law 
103-204, Sec. 23(a)(3), 107 Stat. 2408). The provision was also 
amended several times. The existing reference to ``section 
8E(f)(1)'' means the language that originally constituted 
section 8E(f)(1) (see 102 Stat. 2524). That language no longer 
appears in the Act as amended. The closest analog is the 
language in section 8G(f) of the Inspector General Act of 1978, 
which is restated as section 415(f) of title 5, United States 
Code.
    Section 4(b)(85) of the bill amends section 192A(g)(6) of 
the National and Community Service Act of 1990 (42 U.S.C. 
12651b(g)(6)) by striking ``section 8E of the Inspector General 
Act of 1978;'' and inserting ``section 414 of title 5, United 
States Code;''. The existing reference to ``section 8E of the 
Inspector General Act of 1978;'' is erroneous because section 
8E of the Inspector General Act of 1978, as added by section 
202(g)(1) of Public Law 103-82 (107 Stat. 889), was 
redesignated as section 8F by section 23(a)(3) of Public Law 
103-204 (107 Stat. 2408). Section 8F of the Inspector General 
Act of 1978 is restated as section 414 of title 5, United 
States Code.
    Section 4(b)(86) of the bill amends section 193A(a) of the 
National and Community Service Act of 1990 (42 U.S.C. 
12651d(a)) by striking ``section 8E of the Inspector General 
Act of 1978.'' and inserting ``section 414 of title 5, United 
States Code.''. The existing reference to ``section 8E of the 
Inspector General Act of 1978.'' is erroneous because section 
8E of the Inspector General Act of 1978, as added by section 
202(g)(1) of Public Law 103-82 (107 Stat. 889), was 
redesignated as section 8F by section 23(a)(3) of Public Law 
103-204 (107 Stat. 2408). Section 8F of the Inspector General 
Act of 1978 is restated as section 414 of title 5, United 
States Code.
    Section 4(b)(88) of the bill amends section 195(a) of the 
National and Community Service Act of 1990 (42 U.S.C. 
12651f(a)) by striking ``section 8E of the Inspector General 
Act of 1978,'' and inserting ``section 414 of title 5, United 
States Code,''. The existing reference to ``section 8E of the 
Inspector General Act of 1978,'' is erroneous because section 
8E of the Inspector General Act of 1978, as added by section 
202(g)(1) of Public Law 103-82 (107 Stat. 889), was 
redesignated as section 8F by section 23(a)(3) of Public Law 
103-204 (107 Stat. 2408). Section 8F of the Inspector General 
Act of 1978 is restated as section 414 of title 5, United 
States Code.

Section 5--Transitional and Savings Provisions

    Section 5 of the bill contains transitional and savings 
provisions.

Section 6--Effect of References to Title 5 on Application of Ethics 
        Provisions

    Section 6 of the bill provides that a Federal statute 
providing that title 5 of the United States Code as a whole is 
inapplicable, or providing that an appointment may be made 
without regard to the provisions of title 5 governing 
appointment in the competitive service, shall not affect the 
application of any provision of chapter 131 of title 5, United 
States Code. Provisions of the Ethics in Government Act of 
1978, which were previously set out in an appendix to title 5, 
United States Code, are restated as chapter 131 of title 5, 
United States Code, by section 3(c) of the bill. Section 6 of 
the bill is added to clarify that the application of the ethics 
provisions is not affected by the transfer of those provisions 
from the appendix to the body of title 5, United States Code.

Section 7--Repeals

    Section 7 of the bill repeals provisions replaced by the 
bill (see ``Disposition Table'' above).

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of House Rule XIII, changes 
in existing law made by the bill, H.R. 5961, as reported, are 
shown as follows:

                Changes in Existing Law Made by the Bill

    Set out below is a comparative print showing changes in 
existing law made by the bill. Insertions are shown in italic 
and omissions are surrounded by brackets.

Changes in Existing Law Made by Section 3(a) of the Bill (Amending Part 
                   I of Title 5, United States Code)

                CHAPTER 10--FEDERAL ADVISORY COMMITTEES

Sec.
1001. Definitions.
1002. Findings and declarations.
1003. Applicability.
1004. Responsibilities of congressional committees.
1005. Responsibilities of the President.
1006. Responsibilities of the Administrator.
1007. Responsibilities of agency heads.
1008. Establishment and purpose of advisory committees.
1009. Advisory committee procedures.
1010. Availability of transcripts.
1011. Fiscal and administrative provisions.
1012. Responsibilities of Library of Congress.
1013. Termination of advisory committees.
1014. Requirements relating to National Academy of Sciences and National 
          Academy of Public Administration.

Sec. 1001. Definitions

    In this chapter:
          (1) Administrator.--The term ``Administrator'' means 
        the Administrator of General Services.
          (2) Advisory committee.--
                  (A) In general.--The term ``advisory 
                committee'' means a committee, board, 
                commission, council, conference, panel, task 
                force, or other similar group, or any 
                subcommittee or other subgroup thereof 
                (hereafter in this paragraph referred to as 
                ``committee'') that is established or utilized 
                to obtain advice or recommendations for the 
                President or one or more agencies or officers 
                of the Federal Government and that is--
                          (i) established by statute or 
                        reorganization plan;
                          (ii) established or utilized by the 
                        President; or
                          (iii) established or utilized by one 
                        or more agencies.
                  (B) Exclusions.--The term ``advisory 
                committee'' excludes--
                          (i) a committee that is composed 
                        wholly of full-time, or permanent part-
                        time, officers or employees of the 
                        Federal Government; and
                          (ii) a committee that is created by 
                        the National Academy of Sciences or the 
                        National Academy of Public 
                        Administration.
          (3) Agency.--The term ``agency'' has the meaning 
        given the term in section 551 of this title.
          (4) Presidential advisory committee.--The term 
        ``Presidential advisory committee'' means an advisory 
        committee that advises the President.

Sec. 1002. Findings and Declarations

    (a) Findings.--Congress finds that there are numerous 
committees, boards, commissions, councils, and similar groups 
which have been established to advise officers and agencies in 
the executive branch of the Federal Government and that they 
are frequently a useful and beneficial means of furnishing 
expert advice, ideas, and diverse opinions to the Federal 
Government.
    (b) Findings and Declarations.--Congress further finds and 
declares that--
          (1) the need for many existing advisory committees 
        has not been adequately reviewed;
          (2) new advisory committees should be established 
        only when they are determined to be essential and their 
        number should be kept to the minimum necessary;
          (3) advisory committees should be terminated when 
        they are no longer carrying out the purposes for which 
        they were established;
          (4) standards and uniform procedures should govern 
        the establishment, operation, administration, and 
        duration of advisory committees;
          (5) Congress and the public should be kept informed 
        with respect to the number, purpose, membership, 
        activities, and cost of advisory committees; and
          (6) the function of advisory committees should be 
        advisory only, and all matters under their 
        consideration should be determined, in accordance with 
        law, by the official, agency, or officer involved.

Sec. 1003. Applicability

    (a) In General.--This chapter, and any rule, order, or 
regulation promulgated under this chapter, shall apply to each 
advisory committee except to the extent that the Act 
establishing the advisory committee specifically provides 
otherwise.
    (b) Exemptions Relating to Certain Federal Entities.--
Nothing in this chapter shall be construed to apply to an 
advisory committee established or utilized by--
          (1) the Central Intelligence Agency;
          (2) the Federal Reserve System; or
          (3) the Office of the Director of National 
        Intelligence, if the Director of National Intelligence 
        determines that for reasons of national security the 
        advisory committee cannot comply with the requirements 
        of this chapter.
    (c) Exemptions Relating to Certain Local and State 
Entities.--Nothing in this chapter shall be construed to apply 
to any local civic group whose primary function is that of 
rendering a public service with respect to a Federal program, 
or any State or local committee, council, board, commission, or 
similar group established to advise or make recommendations to 
State or local officials or agencies.

Sec. 1004. Responsibilities of Congressional Committees

    (a) Review of Activities.--In the exercise of its 
legislative review function, each standing committee of the 
Senate and the House of Representatives shall make a continuing 
review of the activities of each advisory committee under its 
jurisdiction to determine whether such advisory committee 
should be abolished or merged with any other advisory 
committee, whether the responsibilities of such advisory 
committee should be revised, and whether such advisory 
committee performs a necessary function not already being 
performed. Each such standing committee shall take appropriate 
action to obtain the enactment of legislation necessary to 
carry out the purpose of this subsection.
    (b) Consideration of Legislation.--In considering 
legislation establishing, or authorizing the establishment of 
any advisory committee, each standing committee of the Senate 
and of the House of Representatives shall determine, and report 
such determination to the Senate or to the House of 
Representatives, as the case may be, whether the functions of 
the proposed advisory committee are being or could be performed 
by one or more agencies or by an advisory committee already in 
existence, or by enlarging the mandate of an existing advisory 
committee. Any such legislation shall--
          (1) contain a clearly defined purpose for the 
        advisory committee;
          (2) require the membership of the advisory committee 
        to be fairly balanced in terms of the points of view 
        represented and the functions to be performed by the 
        advisory committee;
          (3) contain appropriate provisions to assure that the 
        advice and recommendations of the advisory committee 
        will not be inappropriately influenced by the 
        appointing authority or by any special interest, but 
        will instead be the result of the advisory committee's 
        independent judgment;
          (4) contain provisions dealing with authorization of 
        appropriations, the date for submission of reports (if 
        any), the duration of the advisory committee, and the 
        publication of reports and other materials, to the 
        extent that the standing committee determines the 
        provisions of section 1009 of this chapter to be 
        inadequate; and
          (5) contain provisions which will assure that the 
        advisory committee will have adequate staff (either 
        supplied by an agency or employed by it), will be 
        provided adequate quarters, and will have funds 
        available to meet its other necessary expenses.
    (c) Adherence to Guidelines.--To the extent they are 
applicable, the guidelines set out in subsection (b) shall be 
followed by the President, agency heads, or other Federal 
officials in creating an advisory committee.

Sec. 1005. Responsibilities of the President

    (a) Delegation.--The President may delegate responsibility 
for evaluating and taking action, where appropriate, with 
respect to all public recommendations made to the President by 
Presidential advisory committees.
    (b) Report on Response to Recommendations.--Within 1 year 
after a Presidential advisory committee submits a public report 
to the President, the President or the President's delegate 
shall submit to Congress a report stating either proposals for 
action or reasons for inaction, with respect to the 
recommendations contained in the public report.

Sec. 1006. Responsibilities of the Administrator

    (a) Committee Management Secretariat.--The Administrator 
shall establish and maintain within the General Services 
Administration a Committee Management Secretariat, which shall 
be responsible for all matters relating to advisory committees.
    (b) Annual Reviews.--
          (1) In general.--Each year, the Administrator shall 
        conduct a comprehensive review of the activities and 
        responsibilities of each advisory committee to 
        determine--
                  (A) whether the committee is carrying out its 
                purpose;
                  (B) whether, consistent with the provisions 
                of applicable statutes, the responsibilities 
                assigned to the committee should be revised;
                  (C) whether the committee should be merged 
                with other advisory committees; or
                  (D) whether the committee should be 
                abolished.
          (2) Obtaining information.--The Administrator may 
        from time to time request such information as the 
        Administrator deems necessary to carry out functions 
        under this subsection. Agency heads shall cooperate 
        with the Administrator in making the reviews required 
        by this subsection.
          (3) Recommendations.--Upon completion of the review, 
        the Administrator shall make recommendations to the 
        President and to either the agency head or Congress 
        with respect to action the Administrator believes 
        should be taken.
    (c) Administrative Guidelines and Management Controls.--The 
Administrator shall prescribe administrative guidelines and 
management controls applicable to advisory committees, and, to 
the maximum extent feasible, provide advice, assistance, and 
guidance to advisory committees to improve their performance. 
In carrying out functions under this subsection, the 
Administrator shall consider the recommendations of each agency 
head with respect to means of improving the performance of 
advisory committees whose duties are related to the agency.
    (d) Guidelines for Uniform Fair Pay Rates.--
          (1) In general.--The Administrator, after study and 
        consultation with the Director of the Office of 
        Personnel Management, shall establish guidelines with 
        respect to uniform fair rates of pay for comparable 
        services of members, staffs, and consultants of 
        advisory committees in a manner that gives appropriate 
        recognition to the responsibilities and qualifications 
        required and other relevant factors. The guidelines 
        shall provide that--
                  (A) a member of an advisory committee or of 
                the staff of an advisory committee shall not 
                receive compensation at a rate in excess of the 
                maximum rate payable under section 5376 of this 
                title;
                  (B) members of advisory committees, while 
                engaged in the performance of their duties away 
                from their homes or regular places of business, 
                may be allowed travel expenses, including per 
                diem in lieu of subsistence, as authorized by 
                section 5703 of this title for persons employed 
                intermittently in the Government service; and
                  (C) members of advisory committees may be 
                provided services pursuant to section 3102 of 
                this title while in performance of their 
                advisory committee duties if the members--
                          (i) are blind or deaf or otherwise 
                        qualify as individuals with 
                        disabilities (within the meaning of 
                        section 501 of the Rehabilitation Act 
                        of 1973 (29 U.S.C. 791)); and
                          (ii) do not otherwise qualify for 
                        assistance under section 3102 of this 
                        title by reason of being an employee of 
                        an agency (within the meaning of 
                        section 3102(a)(1) of this title).
          (2) Pay for full-time employees.--Nothing in this 
        subsection shall prevent an individual from receiving 
        compensation at the rate at which the individual would 
        otherwise be compensated (or was compensated) as a 
        full-time employee of the United States if the 
        individual--
                  (A) is a full-time employee of the United 
                States without regard to service with an 
                advisory committee; or
                  (B) was a full-time employee of the United 
                States immediately before service with an 
                advisory committee.
    (e) Budget Recommendations.--The Administrator shall 
include in budget recommendations a summary of the amounts the 
Administrator considers necessary for the expenses of advisory 
committees, including the expenses for publication of reports 
where appropriate.

Sec. 1007. Responsibilities of Agency Heads

    (a) Administrative Guidelines and Management Controls.--
Each agency head shall establish uniform administrative 
guidelines and management controls for advisory committees 
established by that agency, which shall be consistent with 
directives of the Administrator under sections 1006 and 1009 of 
this title. Each agency shall maintain systematic information 
on the nature, functions, and operations of each advisory 
committee within its jurisdiction.
    (b) Advisory Committee Management Officer.--The head of 
each agency that has an advisory committee shall designate an 
Advisory Committee Management Officer who shall--
          (1) exercise control and supervision over the 
        establishment, procedures, and accomplishments of 
        advisory committees established by the agency;
          (2) assemble and maintain the reports, records, and 
        other papers of any advisory committee established by 
        the agency during the advisory committee's existence; 
        and
          (3) carry out, on behalf of the agency, the 
        provisions of section 552 of this title with respect to 
        such reports, records, and other papers.

Sec. 1008. Establishment and Purpose of Advisory Committees

    (a) Establishment.--An advisory committee shall not be 
established unless establishment is--
          (1) specifically authorized by statute or by the 
        President; or
          (2) determined as a matter of formal record, by the 
        head of the agency involved after consultation with the 
        Administrator, with timely notice published in the 
        Federal Register, to be in the public interest in 
        connection with the performance of duties imposed on 
        that agency by law.
    (b) Purpose of Advisory Committees.--Unless otherwise 
specifically provided by statute or Presidential directive, 
advisory committees shall be utilized solely for advisory 
functions. Determinations of action to be taken and policy to 
be expressed with respect to matters upon which an advisory 
committee reports or makes recommendations shall be made solely 
by the President or an officer of the Federal Government.
    (c) Advisory Committee Charters.--
          (1) General requirement.--An advisory committee shall 
        not meet or take any action until an advisory committee 
        charter has been filed--
                  (A) with the Administrator in the case of 
                Presidential advisory committees; or
                  (B) with--
                          (i) the head of the agency to whom 
                        the advisory committee reports; and
                          (ii) the standing committees of the 
                        Senate and House of Representatives 
                        having legislative jurisdiction over 
                        the agency to which the advisory 
                        committee reports.
          (2) Contents of charter.--The advisory committee 
        charter shall contain--
                  (A) the committee's official designation;
                  (B) the committee's objectives and the scope 
                of its activity;
                  (C) the period of time necessary for the 
                committee to carry out its purposes;
                  (D) the agency or official to whom the 
                committee reports;
                  (E) the agency responsible for providing the 
                necessary support for the committee;
                  (F) a description of the duties for which the 
                committee is responsible, and, if the duties 
                are not solely advisory, a specification of the 
                authority for the duties;
                  (G) the estimated annual operating costs for 
                the committee in dollars and person-years;
                  (H) the estimated number and frequency of 
                committee meetings;
                  (I) the committee's termination date, if less 
                than 2 years from the date of the committee's 
                establishment; and
                  (J) the date the charter is filed.
          (3) Copy of charter to library of congress.--A copy 
        of the advisory committee charter shall be furnished to 
        the Library of Congress.

Sec. 1009. Advisory Committee Procedures

    (a) Committee Meetings.--
          (1) Open to public.--Each advisory committee meeting 
        shall be open to the public.
          (2) Notice of meetings.--Except when the President 
        determines otherwise for reasons of national security, 
        timely notice of each meeting shall be published in the 
        Federal Register, and the Administrator shall prescribe 
        regulations to provide for other types of public notice 
        to insure that all interested persons are notified of 
        each meeting in advance.
          (3) Participation.--Interested persons shall be 
        permitted to attend, appear before, or file statements 
        with any advisory committee, subject to such reasonable 
        rules or regulations as the Administrator may 
        prescribe.
    (b) Public Inspection and Copying of Records.--Subject to 
section 552 of this title, the records, reports, transcripts, 
minutes, appendixes, working papers, drafts, studies, agenda, 
or other documents which were made available to or prepared for 
or by each advisory committee shall be available for public 
inspection and copying at a single location in the offices of 
the advisory committee or the agency to which the advisory 
committee reports until the advisory committee ceases to exist.
    (c) Minutes.--Detailed minutes of each meeting of each 
advisory committee shall be kept and shall contain a record of 
the persons present, a complete and accurate description of 
matters discussed and conclusions reached, and copies of all 
reports received, issued, or approved by the advisory 
committee. The accuracy of all minutes shall be certified by 
the chairman of the advisory committee.
    (d) Closed Sessions.--Paragraphs (1) and (3) of subsection 
(a) shall not apply to any portion of an advisory committee 
meeting for which the President, or the head of the agency to 
which the advisory committee reports, determines that such 
portion of the meeting may be closed to the public in 
accordance with section 552b(c) of this title. Any such 
determination shall be in writing and shall contain the reasons 
for the determination. If such a determination is made, the 
advisory committee shall issue a report, at least annually, 
setting forth a summary of its activities and such related 
matters as would be informative to the public consistent with 
the policy of section 552(b) of this title.
    (e) Designated Officer or Employee of Federal Government.--
There shall be designated an officer or employee of the Federal 
Government to chair or attend each meeting of each advisory 
committee. The officer or employee so designated is authorized, 
whenever the officer or employee determines it to be in the 
public interest, to adjourn any such meeting. An advisory 
committee shall not conduct any meeting in the absence of that 
designated officer or employee of the Federal Government.
    (f) Call for Meeting or Advance Approval.--Advisory 
committees shall not hold any meetings except at the call of, 
or with the advance approval of, a designated officer or 
employee of the Federal Government, and in the case of advisory 
committees (other than Presidential advisory committees), with 
an agenda approved by such officer or employee.

Sec. 1010. Availability of Transcripts

    (a) Definition of Agency Proceeding.--In this section, the 
term ``agency proceeding'' has the meaning given the term in 
section 551 of this title.
    (b) Availability.--Agencies and advisory committees shall 
make available to any person, at actual cost of duplication, 
copies of transcripts of any agency proceeding or advisory 
committee meeting.

Sec. 1011. Fiscal and Administrative Provisions

    (a) Records.--Each agency shall keep records that fully 
disclose the disposition of any funds which may be at the 
disposal of its advisory committees and the nature and extent 
of their activities. The General Services Administration, or 
such other agency as the President may designate, shall 
maintain financial records with respect to Presidential 
advisory committees. The Comptroller General of the United 
States, or any authorized representative of the Comptroller 
General, shall have access to the records for the purpose of 
audit and examination.
    (b) Support Services.--Each agency shall be responsible for 
providing support services for each advisory committee 
established by or reporting to it unless the establishing 
authority provides otherwise. If an advisory committee reports 
to more than one agency, only one agency at a time shall be 
responsible for support services. In the case of Presidential 
advisory committees, support services may be provided by the 
General Services Administration.

Sec. 1012. Responsibilities of Library of Congress

    Subject to section 552 of this title, the Administrator 
shall provide for the filing with the Library of Congress of at 
least 8 copies of each report made by each advisory committee 
and, where appropriate, background papers prepared by 
consultants. The Librarian of Congress shall establish a 
depository for the reports and papers and make them available 
for public inspection and use.

Sec. 1013. Termination of Advisory Committees

    (a) In General.--
          (1) Advisory committees in existence on january 5, 
        1973.--Each advisory committee that is in existence on 
        January 5, 1973, shall terminate not later than the 
        expiration of the 2-- year period following that date 
        unless--
                  (A) in the case of an advisory committee 
                established by the President or an officer of 
                the Federal Government, such advisory committee 
                is renewed by the President or that officer by 
                appropriate action prior to the expiration of 
                such 2--year period; or
                  (B) in the case of an advisory committee 
                established by an Act of Congress, its duration 
                is otherwise provided for by law.
          (2) Advisory committees established after january 5, 
        1973.--Each advisory committee established after 
        January 5, 1973, shall terminate not later than the 
        expiration of the 2-- year period beginning on the date 
        of its establishment unless--
                  (A) in the case of an advisory committee 
                established by the President or an officer of 
                the Federal Government such advisory committee 
                is renewed by the President or such officer by 
                appropriate action prior to the end of such 
                period; or
                  (B) in the case of an advisory committee 
                established by an Act of Congress, its duration 
                is otherwise provided for by law.
    (b) Charters.--
          (1) Upon renewal.--Upon the renewal of an advisory 
        committee, the advisory committee shall file a charter 
        in accordance with section 1008(c) of this title.
          (2) Upon expiration of successive 2-year periods.--An 
        advisory committee established by an Act of Congress 
        shall file a charter in accordance with section 1008(c) 
        of this title upon the expiration of each successive 2-
        year period following the date of enactment of the Act 
        establishing the advisory committee.
          (3) Prohibition on action prior to filing charter.--
        An advisory committee required to file a charter under 
        this subsection shall not take any action (other than 
        preparation and filing of the charter) prior to the 
        date on which the charter is filed.
    (c) Successive Two-Year Periods.--An advisory committee 
that is renewed by the President or an officer of the Federal 
Government may be continued only for successive 2-year periods 
by appropriate action taken by the President or the officer 
prior to the date on which the advisory committee would 
otherwise terminate.

Sec. 1014. Requirements Relating to National Academy of Sciences and 
                    National Academy of Public Administration

    (a) In General.--An agency may not use any advice or 
recommendation provided by the National Academy of Sciences or 
National Academy of Public Administration that was developed by 
use of a committee created by that academy under an agreement 
with an agency, unless--
          (1) the committee was not subject to any actual 
        management or control by an agency or an officer of the 
        Federal Government;
          (2) in the case of a committee created after December 
        17, 1997, the membership of the committee was appointed 
        in accordance with the requirements described in 
        subsection (b) (1); and
          (3) in developing the advice or recommendation, the 
        academy complied with--
                  (A) subsection (b)(2) through (6), in the 
                case of any advice or recommendation provided 
                by the National Academy of Sciences; or
                  (B) subsection (b)(2) and (5), in the case of 
                any advice or recommendation provided by the 
                National Academy of Public Administration.
    (b) Requirements.--The requirements referred to in 
subsection (a) are as follows:
          (1) Public notice regarding appointees.--The Academy 
        shall determine and provide public notice of the names 
        and brief biographies of individuals that the Academy 
        appoints or intends to appoint to serve on the 
        committee. The Academy shall determine and provide a 
        reasonable opportunity for the public to comment on 
        appointments before they are made or, if the Academy 
        determines prior comment is not practicable, in the 
        period immediately following the appointments. The 
        Academy shall require that any individual the Academy 
        appoints (or intends to appoint) to serve on the 
        committee inform the Academy of the individual's 
        conflicts of interest that are relevant to the 
        functions to be performed. The Academy shall make its 
        best efforts to ensure that--
                  (A) no individual appointed to serve on the 
                committee has a conflict of interest that is 
                relevant to the functions to be performed, 
                unless such conflict is promptly and publicly 
                disclosed and the Academy determines that the 
                conflict is unavoidable;
                  (B) the committee membership is fairly 
                balanced as determined by the Academy to be 
                appropriate for the functions to be performed; 
                and
                  (C) the final report of the Academy will be 
                the result of the Academy's independent 
                judgment.
          (2) Public notice of committee meetings.--The Academy 
        shall determine and provide public notice of committee 
        meetings that will be open to the public.
          (3) Data gathering meetings.--The Academy shall 
        ensure that meetings of the committee to gather data 
        from individuals who are not officials, agents, or 
        employees of the Academy are open to the public, unless 
        the Academy determines that a meeting would disclose 
        matters described in section 552(b) of this title. The 
        Academy shall make available to the public, at 
        reasonable charge if appropriate, written materials 
        presented to the committee by individuals who are not 
        officials, agents, or employees of the Academy, unless 
        the Academy determines that making material available 
        would disclose matters described in section 552(b) of 
        this title.
          (4) Other meetings.--The Academy shall make available 
        to the public as soon as practicable, at reasonable 
        charge if appropriate, a brief summary of any committee 
        meeting that is not a data-gathering meeting, unless 
        the Academy determines that the summary would disclose 
        matters described in section 552(b) of this title. The 
        summary shall identify the committee members present, 
        the topics discussed, materials made available to the 
        committee, and other matters the Academy determines 
        should be included.
          (5) Final report.--The Academy shall make available 
        to the public its final report, at reasonable charge if 
        appropriate, unless the Academy determines that the 
        report would disclose matters described in section 
        552(b) of this title. If the Academy determines that 
        the report would disclose matters described in section 
        552(b) of this title, the Academy shall make public an 
        abbreviated version of the report that does not 
        disclose those matters.
          (6) Reviewers of Report.--After publication of the 
        final report, the Academy shall make publicly available 
        the names of the principal reviewers who reviewed the 
        report in draft form and who are not officials, agents, 
        or employees of the Academy.
    (c) Regulations.--The Administrator of General Services may 
issue regulations implementing this section.

Changes in Existing Law Made by Section 3(b) of the Bill (Amending Part 
                   I of Title 5, United States Code)

                     CHAPTER 4--INSPECTORS GENERAL

Sec.
401. Definitions.
402. Establishment and purpose of Offices of Inspector General.
403. Appointments.
404. Duties and responsibilities.
405. Reports.
406. Authority of Inspector General.
407. Complaints by employees.
408. Additional provisions with respect to the Inspector General of the 
          Department of Defense.
409. Special provisions concerning the Agency for International 
          Development.
410. Special provisions concerning the Nuclear Regulatory Commission.
411. Special provisions concerning the Federal Deposit Insurance 
          Corporation.
412. Special provisions concerning the Department of the Treasury.
413. Special provisions concerning the Department of Justice.
414. Special provisions concerning the Corporation for National and 
          Community Service.
415. Requirements for Federal entities and designated Federal entities.
416. Additional provisions with respect to Inspectors General of the 
          intelligence community.
417. Special provisions concerning the Department of Homeland Security.
418. Rule of construction of special provisions.
419. Special provisions concerning overseas contingency operations.
420. Information on websites of Offices of Inspectors General.
421. Additional provisions with respect to the Department of Energy.
422. Transfer of functions.
423. Pay of Inspectors General.
424. Establishment of the Council of the Inspectors General on Integrity 
          and Efficiency.

Sec. 401. Definitions

    In this chapter:
          (1) Establishment.--The term ``establishment'' means 
        the Department of Agriculture, Commerce, Defense, 
        Education, Energy, Health and Human Services, Housing 
        and Urban Development, the Interior, Justice, Labor, 
        State, Transportation, Homeland Security, the Treasury, 
        or Veterans Affairs; the Agency for International 
        Development, the Community Development Financial 
        Institutions Fund, the Environmental Protection Agency, 
        the Federal Communications Commission, the Federal 
        Emergency Management Agency, the General Services 
        Administration, the National Aeronautics and Space 
        Administration, the Nuclear Regulatory Commission, the 
        Office of Personnel Management, the Railroad Retirement 
        Board, the Federal Deposit Insurance Corporation, the 
        Small Business Administration, the Corporation for 
        National and Community Service, the Social Security 
        Administration, the Federal Housing Finance Agency, the 
        Tennessee Valley Authority, the Export-Import Bank of 
        the United States, the Commissions established under 
        section 15301 of title 40, the National Security 
        Agency, or the National Reconnaissance Office, as the 
        case may be.
          (2) Federal agency.--The term ``Federal agency'' 
        means an agency as defined in section 552(f) of this 
        title (including an establishment as defined in 
        paragraph (1)), but shall not be construed to include 
        the Government Accountability Office.
          (3) Head of the establishment.--The term ``head of 
        the establishment'' means the Secretary of Agriculture, 
        Commerce, Defense, Education, Energy, Health and Human 
        Services, Housing and Urban Development, the Interior, 
        Labor, State, Transportation, Homeland Security, the 
        Treasury, or Veterans Affairs; the Attorney General; 
        the Administrator of the Agency for International 
        Development, Environmental Protection, General 
        Services, National Aeronautics and Space, Small 
        Business, or the Federal Emergency Management Agency; 
        the Director of the Office of Personnel Management; the 
        Chairman of the Nuclear Regulatory Commission, the 
        Federal Communications Commission, or the Railroad 
        Retirement Board; the Chief Executive Officer of the 
        Corporation for National and Community Service; the 
        Administrator of the Community Development Financial 
        Institutions Fund; the Chairperson of the Federal 
        Deposit Insurance Corporation; the Commissioner of 
        Social Security, Social Security Administration; the 
        Director of the Federal Housing Finance Agency; the 
        Board of Directors of the Tennessee Valley Authority; 
        the President of the Export-Import Bank of the United 
        States; the Federal Cochairpersons of the Commissions 
        established under section 15301 of title 40; the 
        Director of the National Security Agency; or the 
        Director of the National Reconnaissance Office; as the 
        case may be.
          (4) Inspector general.--The term ``Inspector 
        General'' means the Inspector General of an 
        establishment.
          (5) Office.--The term ``Office'' means the Office of 
        Inspector General of an establishment.

Sec. 402. Establishment and Purpose of Offices of Inspector General

    (a) Establishment.--
          (1) In general.--Subject to paragraph (2), in each of 
        the establishments listed in section 401(1) of this 
        title, there is established an Office of Inspector 
        General.
          (2) Department of the treasury.--In the establishment 
        of the Department of the Treasury, there is 
        established--
                  (A) an Office of Inspector General of the 
                Department of the Treasury; and
                  (B) an Office of Treasury Inspector General 
                for Tax Administration.
    (b) Purpose.--The offices established under subsection (a) 
are established in order to create independent and objective 
units--
          (1) to conduct and supervise audits and 
        investigations relating to the programs and operations 
        of the establishments listed in section 401(1) of this 
        title;
          (2) to provide leadership and coordination and 
        recommend policies for activities designed--
                  (A) to promote economy, efficiency, and 
                effectiveness in the administration of those 
                programs and operations; and
                  (B) to prevent and detect fraud and abuse in 
                those programs and operations; and
          (3) to provide a means for keeping the head of the 
        establishments and Congress fully and currently 
        informed about problems and deficiencies relating to 
        the administration of those programs and operations and 
        the necessity for and progress of corrective action.

Sec. 403. Appointments

    (a) In General.--There shall be at the head of each Office 
an Inspector General who shall be appointed by the President, 
by and with the advice and consent of the Senate, without 
regard to political affiliation and solely on the basis of 
integrity and demonstrated ability in accounting, auditing, 
financial analysis, law, management analysis, public 
administration, or investigations. Each Inspector General shall 
report to and be under the general supervision of the head of 
the establishment involved or, to the extent such authority is 
delegated, the officer next in rank below such head, but shall 
not report to, or be subject to supervision by, any other 
officer of the establishment. Neither the head of the 
establishment nor the officer next in rank below the head shall 
prevent or prohibit the Inspector General from initiating, 
carrying out, or completing any audit or investigation, or from 
issuing any subpoena during the course of any audit or 
investigation.
    (b) Removal or Transfer.--An Inspector General may be 
removed from office by the President. If an Inspector General 
is removed from office or is transferred to another position or 
location within an establishment, the President shall 
communicate in writing the reasons for any such removal or 
transfer to both Houses of Congress, not later than 30 days 
before the removal or transfer. Nothing in this subsection 
shall prohibit a personnel action otherwise authorized by law, 
other than transfer or removal.
    (c) Not Employee Determining Policy.--For the purposes of 
section 7324 of this title, an Inspector General shall not be 
considered to be an employee who determines policies to be 
pursued by the United States in the nationwide administration 
of Federal laws.
    (d) Assistant Inspectors General and Whistleblower 
Protection Coordinator.--
          (1) In general.--Each Inspector General shall, in 
        accordance with applicable laws and regulations 
        governing the civil service--
                  (A) appoint an Assistant Inspector General 
                for Auditing who shall have the responsibility 
                for supervising the performance of auditing 
                activities relating to programs and operations 
                of the establishment;
                  (B) appoint an Assistant Inspector General 
                for Investigations who shall have the 
                responsibility for supervising the performance 
                of investigative activities relating to such 
                programs and operations; and
                  (C) designate a Whistleblower Protection 
                Coordinator who shall--
                          (i) educate agency employees--
                                  (I) about prohibitions 
                                against retaliation for 
                                protected disclosures; and
                                  (II) who have made or are 
                                contemplating making a 
                                protected disclosure about the 
                                rights and remedies against 
                                retaliation for protected 
                                disclosures, including--
                                          (aa) the means by 
                                        which employees may 
                                        seek review of any 
                                        allegation of reprisal, 
                                        including the roles of 
                                        the Office of the 
                                        Inspector General, the 
                                        Office of Special 
                                        Counsel, the Merit 
                                        Systems Protection 
                                        Board, and any other 
                                        relevant entities; and
                                          (bb) general 
                                        information about the 
                                        timeliness of such 
                                        cases, the availability 
                                        of any alternative 
                                        dispute mechanisms, and 
                                        avenues for potential 
                                        relief;
                          (ii) assist the Inspector General in 
                        promoting the timely and appropriate 
                        handling and consideration of protected 
                        disclosures and allegations of 
                        reprisal, to the extent practicable, by 
                        the Inspector General; and
                          (iii) assist the Inspector General in 
                        facilitating communication and 
                        coordination with the Special Counsel, 
                        the Council of the Inspectors General 
                        on Integrity and Efficiency, the 
                        establishment, Congress, and any other 
                        relevant entity regarding the timely 
                        and appropriate handling and 
                        consideration of protected disclosures, 
                        allegations of reprisal, and general 
                        matters regarding the implementation 
                        and administration of whistleblower 
                        protection laws, rules, and 
                        regulations.
          (2) Whistleblower protection coordinator not to act 
        as legal representative, agent, or advocate.--The 
        Whistleblower Protection Coordinator shall not act as a 
        legal representative, agent, or advocate of the 
        employee or former employee.
          (3) Whistleblower protection coordinator access to 
        inspector general.--The Whistleblower Protection 
        Coordinator shall have direct access to the Inspector 
        General as needed to accomplish the requirements of 
        this subsection.
          (4) Whistleblower protection coordinator exception 
        for intelligence activity.--For the purposes of this 
        section, the requirement of the designation of a 
        Whistleblower Protection Coordinator under paragraph 
        (1)(C) shall not apply to--
                  (A) any agency that is an element of the 
                intelligence community (as defined in section 
                3(4) of the National Security Act of 1947 (50 
                U.S.C. 3003(4)); or
                  (B) as determined by the President, any 
                executive agency or unit thereof the principal 
                function of which is the conduct of foreign 
                intelligence or counter intelligence 
                activities.
    (e) Rate of Pay.--The annual rate of basic pay for an 
Inspector General (as defined under section 401 of this title) 
shall be the rate payable for level III of the Executive 
Schedule under section 5314 of this title, plus 3 percent.
    (f) Prohibition on Cash Awards.--An Inspector General (as 
defined under section 401 or 415(a) of this title) may not 
receive any cash award or cash bonus, including any cash award 
under chapter 45 of this title.
    (g) Legal Advice.--Each Inspector General shall, in 
accordance with applicable laws and regulations governing the 
civil service, obtain legal advice from a counsel either 
reporting directly to the Inspector General or another 
Inspector General.

Sec. 404. Duties and Responsibilities

    (a) In General.--It shall be the duty and responsibility of 
each Inspector General, with respect to the establishment 
within which the Inspector General's Office is established--
          (1) to provide policy direction for and to conduct, 
        supervise, and coordinate audits and investigations 
        relating to the programs and operations of the 
        establishment;
          (2) to review existing and proposed legislation and 
        regulations relating to programs and operations of the 
        establishment and to make recommendations in the 
        semiannual reports required by section 405(b) of this 
        title concerning the impact of the legislation and 
        regulations on the economy and efficiency in the 
        administration of programs and operations administered 
        or financed by the establishment, or the prevention and 
        detection of fraud and abuse in the programs and 
        operations;
          (3) to recommend policies for, and to conduct, 
        supervise, or coordinate other activities carried out 
        or financed by, the establishment for the purpose of 
        promoting economy and efficiency in the administration 
        of, or preventing and detecting fraud and abuse in, its 
        programs and operations;
          (4) to recommend policies for the establishment, and 
        to conduct, supervise, or coordinate relationships 
        between the establishment and other Federal agencies, 
        State and local governmental agencies, and 
        nongovernmental entities, with respect to--
                  (A) all matters relating to the promotion of 
                economy and efficiency in the administration 
                of, or the prevention and detection of fraud 
                and abuse in, programs and operations 
                administered or financed by the establishment; 
                or
                  (B) the identification and prosecution of 
                participants in fraud or abuse referred to in 
                subparagraph (A); and
          (5) to keep the head of the establishment and 
        Congress fully and currently informed, by means of the 
        reports required by section 405 of this title and 
        otherwise, concerning fraud and other serious problems, 
        abuses, and deficiencies relating to the administration 
        of programs and operations administered or financed by 
        the establishment, to recommend corrective action 
        concerning the problems, abuses, and deficiencies, and 
        to report on the progress made in implementing the 
        corrective action.
    (b) Standards and Guidelines.--
          (1) In general.--In carrying out the responsibilities 
        specified in subsection (a)(1), each Inspector General 
        shall--
                  (A) comply with standards established by the 
                Comptroller General of the United States for 
                audits of Federal establishments, 
                organizations, programs, activities, and 
                functions;
                  (B) establish guidelines for determining when 
                it shall be appropriate to use non-Federal 
                auditors; and
                  (C) take appropriate steps to ensure that any 
                work performed by non-Federal auditors complies 
                with the standards established by the 
                Comptroller General as described in paragraph 
                (1).
          (2) Reviews performed exclusively by audit entities 
        in federal government.--For purposes of determining 
        compliance with paragraph (1)(A) with respect to 
        whether internal quality controls are in place and 
        operating and whether established audit standards, 
        policies, and procedures are being followed by Offices 
        of Inspector General of establishments defined under 
        section 401 of this title, Offices of Inspector General 
        of designated Federal entities defined under section 
        415(a) of this title, and any audit office established 
        within a Federal entity defined under section 415(a) of 
        this title, reviews shall be performed exclusively by 
        an audit entity in the Federal Government, including 
        the Government Accountability Office or the Office of 
        Inspector General of each establishment defined under 
        section 401 of this title, or the Office of Inspector 
        General of each designated Federal entity defined under 
        section 415(a) of this title.
    (c) Effective Coordination and Cooperation.--In carrying 
out the duties and responsibilities established under this 
chapter, each Inspector General shall give particular regard to 
the activities of the Comptroller General of the United States 
with a view toward avoiding duplication and ensuring effective 
coordination and cooperation.
    (d) Reporting Violation of Federal Criminal Law.--In 
carrying out the duties and responsibilities established under 
this chapter, each Inspector General shall report expeditiously 
to the Attorney General whenever the Inspector General has 
reasonable grounds to believe there has been a violation of 
Federal criminal law.
    (e) Recommendations for Corrective Actions.--
          (1) Submission of documents.--In carrying out the 
        duties and responsibilities established under this 
        chapter, whenever an Inspector General issues a 
        recommendation for corrective action to the agency, the 
        Inspector General--
                  (A) shall submit the document making a 
                recommendation for corrective action to--
                          (i) the head of the establishment;
                          (ii) the congressional committees of 
                        jurisdiction; and
                          (iii) if the recommendation for 
                        corrective action was initiated upon 
                        request by an individual or entity 
                        other than the Inspector General, that 
                        individual or entity;
                  (B) may submit the document making a 
                recommendation for corrective action to any 
                Member of Congress upon request; and
                  (C) not later than 3 days after the 
                recommendation for corrective action is 
                submitted in final form to the head of the 
                establishment, post the document making a 
                recommendation for corrective action on the 
                website of the Office of Inspector General.
          (2) Public disclosure otherwise prohibited by law.--
        Nothing in this subsection shall be construed as 
        authorizing an Inspector General to publicly disclose 
        information otherwise prohibited from disclosure by 
        law.

Sec. 405. Reports

    (a) Definitions.--In this section:
          (1) Disallowed cost.--The term ``disallowed cost'' 
        means a questioned cost that management, in a 
        management decision, has sustained or agreed should not 
        be charged to the Government.
          (2) Final action.--The term ``final action'' means--
                  (A) the completion of all actions that the 
                management of an establishment has concluded, 
                in its management decision, are necessary with 
                respect to the findings and recommendations 
                included in an audit report; and
                  (B) in the event that the management of an 
                establishment concludes no action is necessary, 
                final action occurs when a management decision 
                has been made.
          (3) Management decision.--The term ``management 
        decision'' means the evaluation by the management of an 
        establishment of the findings and recommendations 
        included in an audit report and the issuance of a final 
        decision by management concerning its response to the 
        findings and recommendations, including actions 
        concluded to be necessary.
          (4) Questioned cost.--The term ``questioned cost'' 
        means a cost that is questioned by the Office because 
        of--
                  (A) an alleged violation of a provision of a 
                law, regulation, contract, grant, cooperative 
                agreement, or other agreement or document 
                governing the expenditure of funds;
                  (B) a finding that, at the time of the audit, 
                the cost is not supported by adequate 
                documentation; or
                  (C) a finding that the expenditure of funds 
                for the intended purpose is unnecessary or 
                unreasonable.
          (5) Recommendation that funds be put to better use.--
        The term ``recommendation that funds be put to better 
        use'' means a recommendation by the Office that funds 
        could be used more efficiently if management of an 
        establishment took actions to implement and complete 
        the recommendation, including--
                  (A) reductions in outlays;
                  (B) deobligation of funds from programs or 
                operations;
                  (C) withdrawal of interest subsidy costs on 
                loans or loan guarantees, insurance, or bonds;
                  (D) costs not incurred by implementing 
                recommended improvements related to the 
                operations of the establishment, a contractor, 
                or grantee;
                  (E) avoidance of unnecessary expenditures 
                noted in preaward reviews of contract or grant 
                agreements; or
                  (F) any other savings which are specifically 
                identified.
          (6) Senior government employee.--The term ``senior 
        Government employee'' means--
                  (A) an officer or employee in the executive 
                branch (including a special Government employee 
                as defined in section 202 of title 18) who 
                occupies a position classified at or above GS-
                15 of the General Schedule or, in the case of 
                positions not under the General Schedule, for 
                which the rate of basic pay is equal to or 
                greater than 120 percent of the minimum rate of 
                basic pay payable for GS-15 of the General 
                Schedule; and
                  (B) any commissioned officer in the Armed 
                Forces in pay grades O-6 and above.
          (7) Unsupported cost.--The term ``unsupported cost'' 
        means a cost that is questioned by the Office because 
        the Office found that, at the time of the audit, such 
        cost is not supported by adequate documentation.
    (b) Semiannual Reports.--Each Inspector General shall, not 
later than April 30 and October 31 of each year, prepare 
semiannual reports summarizing the activities of the Office 
during the immediately preceding 6-month periods ending March 
31 and September 30. The reports shall include, but need not be 
limited to--
          (1) a description of significant problems, abuses, 
        and deficiencies relating to the administration of 
        programs and operations of such establishment disclosed 
        by such activities during the reporting period;
          (2) a description of the recommendations for 
        corrective action made by the Office during the 
        reporting period with respect to significant problems, 
        abuses, or deficiencies identified pursuant to 
        paragraph (1);
          (3) an identification of each significant 
        recommendation described in previous semiannual reports 
        on which corrective action has not been completed;
          (4) a summary of matters referred to prosecutive 
        authorities and the prosecutions and convictions which 
        have resulted;
          (5) a summary of each report made to the head of the 
        establishment under section 406(c)(2) of this title 
        during the reporting period;
          (6) a listing, subdivided according to subject 
        matter, of each audit report, inspection report, and 
        evaluation report issued by the Office during the 
        reporting period and for each report, where applicable, 
        the total dollar value of questioned costs (including a 
        separate category for the dollar value of unsupported 
        costs) and the dollar value of recommendations that 
        funds be put to better use;
          (7) a summary of each particularly significant 
        report;
          (8) statistical tables showing the total number of 
        audit reports, inspection reports, and evaluation 
        reports and the total dollar value of questioned costs 
        (including a separate category for the dollar value of 
        unsupported costs), for reports--
                  (A) for which no management decision had been 
                made by the commencement of the reporting 
                period;
                  (B) which were issued during the reporting 
                period;
                  (C) for which a management decision was made 
                during the reporting period, including--
                          (i) the dollar value of disallowed 
                        costs; and
                          (ii) the dollar value of costs not 
                        disallowed; and
                  (D) for which no management decision has been 
                made by the end of the reporting period;
          (9) statistical tables showing the total number of 
        audit reports, inspection reports, and evaluation 
        reports and the dollar value of recommendations that 
        funds be put to better use by management, for reports--
                  (A) for which no management decision had been 
                made by the commencement of the reporting 
                period;
                  (B) which were issued during the reporting 
                period;
                  (C) for which a management decision was made 
                during the reporting period, including--
                          (i) the dollar value of 
                        recommendations that were agreed to by 
                        management; and
                          (ii) the dollar value of 
                        recommendations that were not agreed to 
                        by management; and
                  (D) for which no management decision has been 
                made by the end of the reporting period;
          (10) a summary of each audit report, inspection 
        report, and evaluation report issued before the 
        commencement of the reporting period--
                  (A) for which no management decision has been 
                made by the end of the reporting period 
                (including the date and title of each such 
                report), an explanation of the reasons such 
                management decision has not been made, and a 
                statement concerning the desired timetable for 
                achieving a management decision on each such 
                report;
                  (B) for which no establishment comment was 
                returned within 60 days of providing the report 
                to the establishment; and
                  (C) for which there are any outstanding 
                unimplemented recommendations, including the 
                aggregate potential cost savings of those 
                recommendations;
          (11) a description and explanation of the reasons for 
        any significant revised management decision made during 
        the reporting period;
          (12) information concerning any significant 
        management decision with which the Inspector General is 
        in disagreement;
          (13) the information described under section 804(b) 
        of the Federal Financial Management Improvement Act of 
        1996 (Public Law 104-208, Sec. 101(f) [title VIII], 31 
        U.S.C. 3512 note);
          (14)(A) an appendix containing the results of any 
        peer review conducted by another Office of Inspector 
        General during the reporting period; or
          (B) if no peer review was conducted within that 
        reporting period, a statement identifying the date of 
        the last peer review conducted by another Office of 
        Inspector General;
          (15) a list of any outstanding recommendations from 
        any peer review conducted by another Office of 
        Inspector General that have not been fully implemented, 
        including a statement describing the status of the 
        implementation and why implementation is not complete;
          (16) a list of any peer reviews conducted by the 
        Inspector General of another Office of the Inspector 
        General during the reporting period, including a list 
        of any outstanding recommendations made from any 
        previous peer review (including any peer review 
        conducted before the reporting period) that remain 
        outstanding or have not been fully implemented;
          (17) statistical tables showing--
                  (A) the total number of investigative reports 
                issued during the reporting period;
                  (B) the total number of persons referred to 
                the Department of Justice for criminal 
                prosecution during the reporting period;
                  (C) the total number of persons referred to 
                State and local prosecuting authorities for 
                criminal prosecution during the reporting 
                period; and
                  (D) the total number of indictments and 
                criminal informations during the reporting 
                period that resulted from any prior referral to 
                prosecuting authorities;
          (18) a description of the metrics used for developing 
        the data for the statistical tables under paragraph 
        (17);
          (19) a report on each investigation conducted by the 
        Office involving a senior Government employee where 
        allegations of misconduct were substantiated, including 
        the name of the senior government official (as defined 
        by the department or agency) if already made public by 
        the Office, and a detailed description of--
                  (A) the facts and circumstances of the 
                investigation; and
                  (B) the status and disposition of the matter, 
                including--
                          (i) if the matter was referred to the 
                        Department of Justice, the date of the 
                        referral; and
                          (ii) if the Department of Justice 
                        declined the referral, the date of the 
                        declination;
          (20)(A) a detailed description of any instance of 
        whistleblower retaliation, including information about 
        the official found to have engaged in retaliation; and
          (B) what, if any, consequences the establishment 
        actually imposed to hold the official described in 
        subparagraph (A) accountable;
          (21) a detailed description of any attempt by the 
        establishment to interfere with the independence of the 
        Office, including--
                  (A) with budget constraints designed to limit 
                the capabilities of the Office; and
                  (B) incidents where the establishment has 
                resisted or objected to oversight activities of 
                the Office or restricted or significantly 
                delayed access to information, including the 
                justification of the establishment for such 
                action; and
          (22) detailed descriptions of the particular 
        circumstances of each--
                  (A) inspection, evaluation, and audit 
                conducted by the Office that is closed and was 
                not disclosed to the public; and
                  (B) investigation conducted by the Office 
                involving a senior Government employee that is 
                closed and was not disclosed to the public.
    (c) Furnishing Semiannual Reports to Head of Establishment 
and Congress.--Semiannual reports of each Inspector General 
shall be furnished to the head of the establishment involved 
not later than April 30 and October 31 of each year and shall 
be transmitted by the head of the establishment to the 
appropriate committees or subcommittees of the Congress within 
30 days after receipt of the report, together with a report by 
the head of the establishment containing--
          (1) any comments the head of the establishment 
        determines appropriate;
          (2) statistical tables showing the total number of 
        audit reports, inspection reports, and evaluation 
        reports and the dollar value of disallowed costs, for 
        reports--
                  (A) for which final action had not been taken 
                by the commencement of the reporting period;
                  (B) on which management decisions were made 
                during the reporting period;
                  (C) for which final action was taken during 
                the reporting period, including--
                          (i) the dollar value of disallowed 
                        costs that were recovered by management 
                        through collection, offset, property in 
                        lieu of cash, or otherwise; and
                          (ii) the dollar value of disallowed 
                        costs that were written off by 
                        management; and
                  (D) for which no final action has been taken 
                by the end of the reporting period;
          (3) statistical tables showing the total number of 
        audit reports, inspection reports, and evaluation 
        reports and the dollar value of recommendations that 
        funds be put to better use by management agreed to in a 
        management decision, for reports--
                  (A) for which final action had not been taken 
                by the commencement of the reporting period;
                  (B) on which management decisions were made 
                during the reporting period;
                  (C) for which final action was taken during 
                the reporting period, including--
                          (i) the dollar value of 
                        recommendations that were actually 
                        completed; and
                          (ii) the dollar value of 
                        recommendations that management has 
                        subsequently concluded should not or 
                        could not be implemented or completed; 
                        and
                  (D) for which no final action has been taken 
                by the end of the reporting period;
          (4) whether the establishment entered into a 
        settlement agreement with the official described in 
        subsection (b)(20)(A), which shall be reported 
        regardless of any confidentiality agreement relating to 
        the settlement agreement; and
          (5) a statement with respect to audit reports on 
        which management decisions have been made but final 
        action has not been taken, other than audit reports on 
        which a management decision was made within the 
        preceding year, containing--
                  (A) a list of such audit reports and the date 
                each such report was issued;
                  (B) the dollar value of disallowed costs for 
                each report;
                  (C) the dollar value of recommendations that 
                funds be put to better use agreed to by 
                management for each report; and
                  (D) an explanation of the reasons final 
                action has not been taken with respect to each 
                audit report;
except that the statement may exclude any audit reports that 
are under formal administrative or judicial appeal or upon 
which management of an establishment has agreed to pursue a 
legislative solution, but the statement shall identify the 
number of reports in each category so excluded.
    (d) Reports Available to Public.--Within 60 days of the 
transmission of the semiannual reports of each Inspector 
General to Congress, the head of each establishment shall make 
copies of the report available to the public upon request and 
at a reasonable cost. Within 60 days after the transmission of 
the semiannual reports of each establishment head to Congress, 
the head of each establishment shall make copies of the report 
available to the public upon request and at a reasonable cost.
    (e) Reporting Serious Problems, Abuses, or Deficiencies.--
Each Inspector General shall report immediately to the head of 
the establishment involved whenever the Inspector General 
becomes aware of particularly serious or flagrant problems, 
abuses, or deficiencies relating to the administration of 
programs and operations of the establishment. The head of the 
establishment shall transmit any such report to the appropriate 
committees or subcommittees of Congress within 7 calendar days, 
together with a report by the head of the establishment 
containing any comments the establishment head deems 
appropriate.
    (f) Limitation on Public Disclosure of Information.--
          (1) In general.--Nothing in this section shall be 
        construed to authorize the public disclosure of 
        information that is--
                  (A) specifically prohibited from disclosure 
                by any other provision of law;
                  (B) specifically required by Executive order 
                to be protected from disclosure in the interest 
                of national defense or national security or in 
                the conduct of foreign affairs; or
                  (C) a part of an ongoing criminal 
                investigation.
          (2) Criminal investigation information in public 
        records.--Notwithstanding paragraph (1)(C), any report 
        under this section may be disclosed to the public in a 
        form which includes information with respect to a part 
        of an ongoing criminal investigation if such 
        information has been included in a public record.
          (3) No authorization to withhold information from 
        congress.--Except to the extent and in the manner 
        provided under section 6103(f) of the Internal Revenue 
        Code of 1986 (26 U.S.C. 6103(f)), nothing in this 
        section or in any other provision of this chapter shall 
        be construed to authorize or permit the withholding of 
        information from Congress, or from any committee or 
        subcommittee of Congress.
          (4) Provision of information to members of 
        congress.--Subject to any other provision of law that 
        would otherwise prohibit disclosure of such 
        information, the information described in paragraph (1) 
        may be provided to any Member of Congress upon request.
          (5) Protection of personally identifiable information 
        of whistleblowers.--An Office may not provide to 
        Congress or the public any information that reveals the 
        personally identifiable information of a whistleblower 
        under this section unless the Office first obtains the 
        consent of the whistleblower.

Sec. 406. Authority of Inspector General

    (a) In General.--In addition to the authority otherwise 
provided by this chapter, each Inspector General, in carrying 
out the provisions of this chapter, is authorized--
          (1)(A) to have timely access to all records, reports, 
        audits, reviews, documents, papers, recommendations, or 
        other materials available to the applicable 
        establishment which relate to the programs and 
        operations with respect to which that Inspector General 
        has responsibilities under this chapter;
          (B) to have access under subparagraph (A) 
        notwithstanding any other provision of law, except 
        pursuant to any provision of law enacted by Congress 
        that expressly--
                  (i) refers to the Inspector General; and
                  (ii) limits the right of access of the 
                Inspector General; and
          (C) except as provided in subsection (i), with regard 
        to Federal grand jury materials protected from 
        disclosure pursuant to rule 6(e) of the Federal Rules 
        of Criminal Procedure, to have timely access to such 
        information if the Attorney General grants the request 
        in accordance with subsection (h);
          (2) to make such investigations and reports relating 
        to the administration of the programs and operations of 
        the applicable establishment as are, in the judgment of 
        the Inspector General, necessary or desirable;
          (3) to request such information or assistance as may 
        be necessary for carrying out the duties and 
        responsibilities provided by this chapter from any 
        Federal, State, or local governmental agency or unit 
        thereof;
          (4) to require by subpoena the production of all 
        information, documents, reports, answers, records, 
        accounts, papers, and other data in any medium 
        (including electronically stored information), as well 
        as any tangible thing and documentary evidence 
        necessary in the performance of the functions assigned 
        by this chapter, which subpoena, in the case of 
        contumacy or refusal to obey, shall be enforceable by 
        order of any appropriate United States district court, 
        but procedures other than subpoenas shall be used by 
        the Inspector General to obtain documents and 
        information from Federal agencies;
          (5) to administer to or take from any person an oath, 
        affirmation, or affidavit, whenever necessary in the 
        performance of the functions assigned by this chapter, 
        which oath, affirmation, or affidavit when administered 
        or taken by or before an employee of an Office of 
        Inspector General designated by the Inspector General 
        shall have the same force and effect as if administered 
        or taken by or before an officer having a seal;
          (6) to have direct and prompt access to the head of 
        the establishment involved when necessary for any 
        purpose pertaining to the performance of functions and 
        responsibilities under this chapter;
          (7) to select, appoint, and employ such officers and 
        employees as may be necessary for carrying out the 
        functions, powers, and duties of the Office subject to 
        the provisions of this title, governing appointments in 
        the competitive service, and the provisions of chapter 
        51 and subchapter III of chapter 53 of this title 
        relating to classification and General Schedule pay 
        rates;
          (8) to obtain services as authorized by section 3109 
        of this title, at daily rates not to exceed the maximum 
        rate payable under section 5376 of this title; and
          (9) to the extent and in such amounts as may be 
        provided in advance by appropriations Acts, to enter 
        into contracts and other arrangements for audits, 
        studies, analyses, and other services with public 
        agencies and with private persons, and to make such 
        payments as may be necessary to carry out the 
        provisions of this chapter.
    (b) Public Disclosure Otherwise Prohibited by Law.--Nothing 
in this section shall be construed as authorizing an Inspector 
General to publicly disclose information otherwise prohibited 
from disclosure by law.
    (c) Requests for Information.--
          (1) Compliance in general.--Upon request of an 
        Inspector General for information or assistance under 
        subsection (a)(3), the head of any Federal agency 
        involved shall, insofar as is practicable and not in 
        contravention of any existing statutory restriction or 
        regulation of the Federal agency from which the 
        information is requested, furnish to the Inspector 
        General, or to an authorized designee, the requested 
        information or assistance.
          (2) Unreasonable refusal.--Whenever information or 
        assistance requested under subsection (a)(1) or (a)(3) 
        is, in the judgment of an Inspector General, 
        unreasonably refused or not provided, the Inspector 
        General shall report the circumstances to the head of 
        the establishment involved without delay.
    (d) Office Space and Supplies.--Each head of an 
establishment shall provide the Office within the establishment 
with appropriate and adequate office space at central and field 
office locations of the establishment, together with such 
equipment, office supplies, and communications facilities and 
services as may be necessary for the operation of the offices, 
and shall provide necessary maintenance services for the 
offices and the equipment and facilities provided.
    (e) Applying Certain Provisions.--
          (1) Each office considered separate agency.--
                  (A) For purposes of applying the provisions 
                of law identified in subparagraph (B)--
                          (i) each Office of Inspector General 
                        shall be considered to be a separate 
                        agency; and
                          (ii) the Inspector General who is the 
                        head of an office referred to in clause 
                        (i) shall, with respect to that office, 
                        have the functions, powers, and duties 
                        of an agency head or appointing 
                        authority under such provisions.
                  (B) This paragraph applies with respect to 
                the following provisions of this title:
                          (i) Subchapter II of chapter 35.
                          (ii) Sections 8335(b), 8336, 8344, 
                        8414, 8425(b), and 8468.
                          (iii) All provisions relating to the 
                        Senior Executive Service (as determined 
                        by the Office of Personnel Management), 
                        subject to paragraph (2).
          (2) Applying section 4507(b).--For purposes of 
        applying section 4507(b) of this title, paragraph 
        (1)(A)(ii) shall be applied by substituting ``the 
        Council of the Inspectors General on Integrity and 
        Efficiency (established by section 424 of this title) 
        shall'' for ``the Inspector General who is the head of 
        an office referred to in clause (i) shall, with respect 
        to that office,''.
    (f) Additional Authority.--
          (1) In general.--In addition to the authority 
        otherwise provided by this chapter, each Inspector 
        General, any Assistant Inspector General for 
        Investigations under such an Inspector General, and any 
        special agent supervised by such an Assistant Inspector 
        General may be authorized by the Attorney General to--
                  (A) carry a firearm while engaged in official 
                duties as authorized under this chapter or 
                other statute, or as expressly authorized by 
                the Attorney General;
                  (B) make an arrest without a warrant while 
                engaged in official duties as authorized under 
                this chapter or other statute, or as expressly 
                authorized by the Attorney General, for any 
                offense against the United States committed in 
                the presence of such Inspector General, 
                Assistant Inspector General, or agent, or for 
                any felony cognizable under the laws of the 
                United States if such Inspector General, 
                Assistant Inspector General, or agent has 
                reasonable grounds to believe that the person 
                to be arrested has committed or is committing 
                such felony; and
                  (C) seek and execute warrants for arrest, 
                search of a premises, or seizure of evidence 
                issued under the authority of the United States 
                upon probable cause to believe that a violation 
                has been committed.
          (2) Determination.--The Attorney General may 
        authorize exercise of the powers under this subsection 
        only upon an initial determination that--
                  (A) the affected Office of Inspector General 
                is significantly hampered in the performance of 
                responsibilities established by this chapter as 
                a result of the lack of such powers;
                  (B) available assistance from other law 
                enforcement agencies is insufficient to meet 
                the need for such powers; and
                  (C) adequate internal safeguards and 
                management procedures exist to ensure proper 
                exercise of such powers.
          (3) Exemptions from requirement of initial 
        determination of eligibility.--The Inspector General 
        offices of the Department of Commerce, Department of 
        Education, Department of Energy, Department of Health 
        and Human Services, Department of Homeland Security, 
        Department of Housing and Urban Development, Department 
        of the Interior, Department of Justice, Department of 
        Labor, Department of State, Department of 
        Transportation, Department of the Treasury, Department 
        of Veterans' Affairs, Agency for International 
        Development, Environmental Protection Agency, Federal 
        Deposit Insurance Corporation, Federal Emergency 
        Management Agency, General Services Administration, 
        National Aeronautics and Space Administration, Nuclear 
        Regulatory Commission, Office of Personnel Management, 
        Railroad Retirement Board, Small Business 
        Administration, Social Security Administration, and the 
        Tennessee Valley Authority are exempt from the 
        requirement of paragraph (2) for an initial 
        determination of eligibility by the Attorney General.
          (4) Guidelines.--The Attorney General shall 
        promulgate, and revise as appropriate, guidelines which 
        shall govern the exercise of the law enforcement powers 
        established under paragraph (1).
          (5) Rescinding or suspending powers.--
                  (A) Powers authorized for an office of 
                inspector general.--Powers authorized for an 
                Office of Inspector General under paragraph (1) 
                may be rescinded or suspended upon a 
                determination by the Attorney General that any 
                of the requirements under paragraph (2) is no 
                longer satisfied or that the exercise of 
                authorized powers by that Office of Inspector 
                General has not complied with the guidelines 
                promulgated by the Attorney General under 
                paragraph (4).
                  (B) Powers authorized to be exercised by an 
                individual.--Powers authorized to be exercised 
                by any individual under paragraph (1) may be 
                rescinded or suspended with respect to that 
                individual upon a determination by the Attorney 
                General that such individual has not complied 
                with guidelines promulgated by the Attorney 
                General under paragraph (4).
          (6) Not reviewable.--A determination by the Attorney 
        General under paragraph (2) or (5) shall not be 
        reviewable in or by any court.
          (7) Memorandum of understanding.--To ensure the 
        proper exercise of the law enforcement powers 
        authorized by this subsection, the Offices of Inspector 
        General described under paragraph (3) shall, not later 
        than 180 days after November 25, 2002, collectively 
        enter into a memorandum of understanding to establish 
        an external review process for ensuring that adequate 
        internal safeguards and management procedures continue 
        to exist within each Office and within any Office that 
        later receives an authorization under paragraph (2). 
        The review process shall be established in consultation 
        with the Attorney General, who shall be provided with a 
        copy of the memorandum of understanding that 
        establishes the review process. Under the review 
        process, the exercise of the law enforcement powers by 
        each Office of Inspector General shall be reviewed 
        periodically by another Office of Inspector General or 
        by a committee of Inspectors General. The results of 
        each review shall be communicated in writing to the 
        applicable Inspector General and to the Attorney 
        General.
          (8) Not a limitation on other law enforcement 
        powers.--No provision of this subsection shall limit 
        the exercise of law enforcement powers established 
        under any other statutory authority, including United 
        States Marshals Service special deputation.
          (9) Definition of inspector general.--In this 
        subsection, the term ``Inspector General'' means an 
        Inspector General appointed under section 403 of this 
        title or an Inspector General appointed under section 
        415 of this title.
    (g) Budgets.--
          (1) Inspector general's budget estimate and request 
        transmitted to head of establishment or designated 
        federal entity.--For each fiscal year, an Inspector 
        General shall transmit a budget estimate and request to 
        the head of the establishment or designated Federal 
        entity to which the Inspector General reports. The 
        budget request shall specify the aggregate amount of 
        funds requested for such fiscal year for the operations 
        of that Inspector General and shall specify the amount 
        requested for all training needs, including a 
        certification from the Inspector General that the 
        amount requested satisfies all training requirements 
        for the Inspector General's office for that fiscal 
        year, and any resources necessary to support the 
        Council of the Inspectors General on Integrity and 
        Efficiency. Resources necessary to support the Council 
        of the Inspectors General on Integrity and Efficiency 
        shall be specifically identified and justified in the 
        budget request.
          (2) Head of establishment or designated federal 
        entity's proposed budget transmitted to president.--In 
        transmitting a proposed budget to the President for 
        approval, the head of each establishment or designated 
        Federal entity shall include--
                  (A) an aggregate request for the Inspector 
                General;
                  (B) amounts for Inspector General training;
                  (C) amounts for support of the Council of the 
                Inspectors General on Integrity and Efficiency; 
                and
                  (D) any comments of the affected Inspector 
                General with respect to the proposal.
          (3) President's budget submitted to congress.--The 
        President shall include in each budget of the United 
        States Government submitted to Congress--
                  (A) a separate statement of the budget 
                estimate prepared in accordance with paragraph 
                (1);
                  (B) the amount requested by the President for 
                each Inspector General;
                  (C) the amount requested by the President for 
                training of Inspectors General;
                  (D) the amount requested by the President for 
                support for the Council of the Inspectors 
                General on Integrity and Efficiency; and
                  (E) any comments of the affected Inspector 
                General with respect to the proposal if the 
                Inspector General concludes that the budget 
                submitted by the President would substantially 
                inhibit the Inspector General from performing 
                the duties of the office.
    (h) Federal Grand Jury Materials.--
          (1) notification of attorney general of request.--If 
        the Inspector General of an establishment submits a 
        request to the head of the establishment for Federal 
        grand jury materials pursuant to subsection (a)(1), the 
        head of the establishment shall immediately notify the 
        Attorney General of such request.
          (2) Determination by attorney general.--Not later 
        than 15 days after the date on which a request is 
        submitted to the Attorney General under paragraph (1), 
        the Attorney General shall determine whether to grant 
        or deny the request for Federal grand jury materials 
        and shall immediately notify the head of the 
        establishment of such determination. The Attorney 
        General shall grant the request unless the Attorney 
        General determines that granting access to the Federal 
        grand jury materials would be likely to--
                  (A) interfere with an ongoing criminal 
                investigation or prosecution;
                  (B) interfere with an undercover operation;
                  (C) result in disclosure of the identity of a 
                confidential source, including a protected 
                witness;
                  (D) pose a serious threat to national 
                security; or
                  (E) result in significant impairment of the 
                trade or economic interests of the United 
                States.
          (3) Comments.--
                  (A) Requirement to inform inspector general 
                of determination by attorney general.--The head 
                of the establishment shall inform the Inspector 
                General of the establishment of the 
                determination made by the Attorney General with 
                respect to the request for Federal grand jury 
                materials.
                  (B) Submission of comments by inspector 
                general.--The Inspector General of the 
                establishment described under subparagraph (A) 
                may submit comments on the determination 
                submitted pursuant to such subparagraph to the 
                committees listed under paragraph (4) that the 
                Inspector General considers appropriate.
          (4) Statement of attorney general regarding denial of 
        request.--Not later than 30 days after notifying the 
        head of an establishment of a denial pursuant to 
        paragraph (2), the Attorney General shall submit a 
        statement that the request for Federal grand jury 
        materials by the Inspector General was denied and the 
        reason for the denial to each of the following:
                  (A) The Committee on Homeland Security and 
                Governmental Affairs, the Committee on the 
                Judiciary, and the Select Committee on 
                Intelligence of the Senate.
                  ``(B) The Committee on Oversight and Reform, 
                the Committee on the Judiciary, and the 
                Permanent Select Committee on Intelligence of 
                the House of Representatives.
                  (C) Other appropriate committees and 
                subcommittees of Congress.
    (i) Non-Applicability of Certain Provisions to Requests 
From Inspector General of Department of Justice.--Subsections 
(a)(1)(A) and (h) shall not apply to requests from the 
Inspector General of the Department of Justice.
    (j) Computerized Comparisons.--
          (1) Definitions.--In this subsection, the terms 
        ``agency'', ``matching program'', ``record'', and 
        ``system of records'' have the meanings given those 
        terms in section 552a(a) of title 5.
          (2) Non-consideration of computerized comparisons as 
        matching programs.--For purposes of section 552a of 
        title 5 or any other provision of law, a computerized 
        comparison of two or more automated Federal systems of 
        records, or a computerized comparison of a Federal 
        system of records with other records or non-Federal 
        records, performed by an Inspector General or by an 
        agency in coordination with an Inspector General in 
        conducting an audit, investigation, inspection, 
        evaluation, or other review authorized under this 
        chapter shall not be considered a matching program.
          (3) Limitation.--Nothing in this subsection shall be 
        construed to impede the exercise by an Inspector 
        General of any matching program authority established 
        under any other provision of law.
    (k) Non-Applicability of Federal Information Policy.-- 
Subchapter I of chapter 35 of title 44 shall not apply to the 
collection of information during the conduct of an audit, 
investigation, inspection, evaluation, or other review 
conducted by the Council of the Inspectors General on Integrity 
and Efficiency or any Office of Inspector General, including 
any Office of Special Inspector General.

Sec. 407. Complaints by employees

    (a) Receipt and Investigation.--The Inspector General may 
receive and investigate complaints or information from an 
employee of the establishment concerning the possible existence 
of an activity constituting a violation of law, rules, or 
regulations, or mismanagement, gross waste of funds, abuse of 
authority, or a substantial and specific danger to the public 
health and safety.
    (b) Prohibition on Disclosure of Identity.--The Inspector 
General shall not, after receipt of a complaint or information 
from an employee, disclose the identity of the employee without 
the consent of the employee, unless the Inspector General 
determines the disclosure is unavoidable during the course of 
the investigation.
    (c) Prohibition on Reprisal.--Any employee who has 
authority to take, direct others to take, recommend, or approve 
any personnel action, shall not, with respect to that 
authority, take or threaten to take any action against any 
employee as a reprisal for making a complaint or disclosing 
information to an Inspector General, unless the complaint was 
made or the information disclosed with the knowledge that it 
was false or with willful disregard for its truth or falsity.

Sec. 408. Additional Provisions With Respect to the Inspector General 
                    of the Department of Defense

    (a) Inspector General.--A member of the Armed Forces, 
active or reserve, shall not be appointed Inspector General of 
the Department of Defense.
    (b) Authority of Secretary of Defense.--
          (1) In general.--Notwithstanding the last two 
        sentences of section 403(a) of this title, the 
        Inspector General shall be under the authority, 
        direction, and control of the Secretary of Defense with 
        respect to audits or investigations, or the issuance of 
        subpoenas, which require access to information 
        concerning--
                  (A) sensitive operational plans;
                  (B) intelligence matters;
                  (C) counterintelligence matters;
                  (D) ongoing criminal investigations by other 
                administrative units of the Department of 
                Defense related to national security; or
                  (E) other matters the disclosure of which 
                would constitute a serious threat to national 
                security.
          (2) Authority to prohibit audit or investigation.--
        With respect to the information described in paragraph 
        (1), the Secretary of Defense may prohibit the 
        Inspector General from initiating, carrying out, or 
        completing any audit or investigation, from accessing 
        information described in paragraph (1), or from issuing 
        any subpoena, after the Inspector General has decided 
        to initiate, carry out, or complete such audit or 
        investigation, access such information, or to issue 
        such subpoena, if the Secretary determines that such 
        prohibition is necessary to preserve the national 
        security interests of the United States.
          (3) Statement concerning exercise of power.--If the 
        Secretary of Defense exercises any power under 
        paragraph (1) or (2), the Inspector General shall 
        submit a statement concerning that exercise of power 
        within 30 days to the Committee on Armed Services and 
        the Committee on Homeland Security and Governmental 
        Affairs of the Senate and the Committee on Armed 
        Services and the Committee on Oversight and Reform of 
        the House of Representatives and to other appropriate 
        committees or subcommittees of the Congress.
          (4) Statement of reasons for exercise of power.--The 
        Secretary shall, within 30 days after submission of a 
        statement under paragraph (3), transmit a statement of 
        the reasons for the exercise of power under paragraph 
        (1) or (2) to the congressional committees specified in 
        paragraph (3) and to other appropriate committees or 
        subcommittees.
    (c) Additional Duties and Responsibilities.--In addition to 
the other duties and responsibilities specified in this 
chapter, the Inspector General of the Department of Defense 
shall--
          (1) be the principal adviser to the Secretary of 
        Defense for matters relating to the prevention and 
        detection of fraud, waste, and abuse in the programs 
        and operations of the Department;
          (2) initiate, conduct, and supervise such audits and 
        investigations in the Department of Defense (including 
        the military departments) as the Inspector General 
        considers appropriate;
          (3) provide policy direction for audits and 
        investigations relating to fraud, waste, and abuse and 
        program effectiveness;
          (4) investigate fraud, waste, and abuse uncovered as 
        a result of other contract and internal audits, as the 
        Inspector General considers appropriate;
          (5) develop policy, monitor and evaluate program 
        performance, and provide guidance with respect to all 
        Department activities relating to criminal 
        investigation programs;
          (6) monitor and evaluate the adherence of Department 
        auditors to internal audit, contract audit, and 
        internal review principles, policies, and procedures;
          (7) develop policy, evaluate program performance, and 
        monitor actions taken by all components of the 
        Department in response to contract audits, internal 
        audits, internal review reports, and audits conducted 
        by the Comptroller General of the United States;
          (8) request assistance as needed from other audit, 
        inspection, and investigative units of the Department 
        of Defense (including military departments);
          (9) give particular regard to the activities of the 
        internal audit, inspection, and investigative units of 
        the military departments with a view toward avoiding 
        duplication and ensuring effective coordination and 
        cooperation; and
          (10) conduct, or approve arrangements for the conduct 
        of, external peer reviews of Department of Defense 
        audit agencies in accordance with, and in such 
        frequency as provided by, Government auditing standards 
        as established by the Comptroller General of the United 
        States.
    (d) Reporting Violations of Chapter 47 of Title 10.-- 
Notwithstanding section 404(d) of this title, the Inspector 
General of the Department of Defense shall expeditiously report 
suspected or alleged violations of chapter 47 of title 10 
(Uniform Code of Military Justice), to the Secretary of the 
military department concerned or the Secretary of Defense.
    (e) Member of Armed Forces Deemed To Be Employee.--For the 
purposes of section 407 of this title, a member of the Armed 
Forces shall be deemed to be an employee of the Department of 
Defense, except that, when the Coast Guard operates as a 
service of another department or agency of the Federal 
Government, a member of the Coast Guard shall be deemed to be 
an employee of that department or agency.
    (f) Reports.--
          (1) Reports transmitted to congressional 
        committees.--Each semiannual report prepared by the 
        Inspector General of the Department of Defense under 
        section 405(b) of this title shall be transmitted by 
        the Secretary of Defense to the Committees on Armed 
        Services and on Homeland Security and Governmental 
        Affairs of the Senate and the Committees on Armed 
        Services and on Oversight and Reform of the House of 
        Representatives and to other appropriate committees or 
        subcommittees of Congress. Each report shall include--
                  (A) information concerning the numbers and 
                types of contract audits conducted by the 
                Department during the reporting period; and
                  (B) information concerning any Department of 
                Defense audit agency that, during the reporting 
                period, has either received a failed opinion 
                from an external peer review or is overdue for 
                an external peer review required to be 
                conducted in accordance with subsection 
                (c)(10).
        (2) Additional reports transmitted to congressional 
        committees.--Any report required to be transmitted by 
        the Secretary of Defense to the appropriate committees 
        or subcommittees of the Congress under section 405(e) 
        of this title shall also be transmitted, within the 7-
        day period specified in section 405(e) of this title, 
        to the congressional committees specified in paragraph 
        (1).
    (g) Non-Applicability of Section 1385 of Title 18.--The 
provisions of section 1385 of title 18, shall not apply to 
audits and investigations conducted by, under the direction of, 
or at the request of the Inspector General of the Department of 
Defense to carry out the purposes of this chapter.
    (h) General Counsel to Inspector General of Department of 
Defense.--
          (1) In general.--There is a General Counsel to the 
        Inspector General of the Department of Defense, who 
        shall be appointed by the Inspector General of the 
        Department of Defense.
          (2) Duties and functions.--
                  (A) Notwithstanding section 140(b) of title 
                10, the General Counsel is the chief legal 
                officer of the Office of the Inspector General.
                  (B) The Inspector General is the exclusive 
                legal client of the General Counsel.
                  (C) The General Counsel shall perform such 
                functions as the Inspector General may 
                prescribe.
                  (D) The General Counsel shall serve at the 
                discretion of the Inspector General.
          (3) Office of general counsel.--There is an Office of 
        the General Counsel to the Inspector General of the 
        Department of Defense. The Inspector General may 
        appoint to the Office to serve as staff of the General 
        Counsel such legal counsel as the Inspector General 
        considers appropriate.
    (i) Authority To Require Attendance and Testimony of 
Witnesses.--
          (1) Subpoena.--The Inspector General of the 
        Department of Defense is authorized to require by 
        subpoena the attendance and testimony of witnesses as 
        necessary in the performance of functions assigned to 
        the Inspector General by this chapter, except that the 
        Inspector General shall use procedures other than 
        subpoenas to obtain attendance and testimony from 
        Federal employees.
          (2) Enforcement.--A subpoena issued under this 
        subsection, in the case of contumacy or refusal to 
        obey, shall be enforceable by order of any appropriate 
        United States district court.
          (3) Notification.--The Inspector General shall notify 
        the Attorney General 7 days before issuing any subpoena 
        under this section.

Sec. 409. Special Provisions Concerning the Agency for International 
                    Development

    (a) Definition of Agency for International Development.--As 
used in this chapter, the term ``Agency for International 
Development'' includes any successor agency primarily 
responsible for administering part I of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2151 et seq.).
    (b) Members of Foreign Service.--In addition to the 
officers and employees provided for in section 406(a)(7) of 
this title, members of the Foreign Service may, at the request 
of the Inspector General of the Agency for International 
Development, be assigned as employees of the Inspector General. 
Members of the Foreign Service so assigned shall be responsible 
solely to the Inspector General, and the Inspector General (or 
the Inspector General's designee) shall prepare the performance 
evaluation reports for the members assigned as employees of the 
Inspector General.
    (c) Field Offices.--In establishing and staffing field 
offices pursuant to section 406(d) of this title, the 
Administrator of the Agency for International Development shall 
not be bound by overseas personnel ceilings.
    (d) Additional Officer.--The Inspector General of the 
Agency for International Development shall be in addition to 
the officers provided for in section 624(a) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2384(a)).

Sec. 410. Special Provisions Concerning the Nuclear Regulatory 
                    Commission

    (a) Delegation.--The Chairman of the Commission may 
delegate the authority specified in the 2d sentence of section 
403(a) of this title to another member of the Nuclear 
Regulatory Commission, but shall not delegate such authority to 
any other officer or employee of the Commission.
    (b) Personnel.--Notwithstanding paragraphs (7) and (8) of 
section 406(a) of this title, the Inspector General of the 
Nuclear Regulatory Commission is authorized to select, appoint, 
and employ such officers and employees as may be necessary for 
carrying out the functions, powers, and duties of the Office of 
Inspector General and to obtain the temporary or intermittent 
services of experts or consultants or an organization of 
experts or consultants, subject to the applicable laws and 
regulations that govern such selections, appointments, and 
employment, and the obtaining of such services, within the 
Nuclear Regulatory Commission.

Sec. 411. Special Provisions Concerning the Federal Deposit Insurance 
                    Corporation

    (a) Delegation.--The Chairperson of the Federal Deposit 
Insurance Corporation may delegate the authority specified in 
the 2d sentence of section 403(a) of this title to the Vice 
Chairperson of the Board of Directors of the Federal Deposit 
Insurance Corporation, but may not delegate such authority to 
any other officer or employee of the Corporation.
    (b) Personnel.--Notwithstanding paragraphs (7) and (8) of 
section 406(a) of this title, the Inspector General of the 
Federal Deposit Insurance Corporation may select, appoint, and 
employ such officers and employees as may be necessary for 
carrying out the functions, powers, and duties of the Office of 
Inspector General and may obtain the temporary or intermittent 
services of experts or consultants or an organization of 
experts or consultants, subject to the applicable laws and 
regulations that govern such selections, appointments, and 
employment, and the obtaining of such services, within the 
Federal Deposit Insurance Corporation.

Sec. 412. Special Provisions Concerning the Department of the Treasury

    (a) In General.--
          (1) Authority of secretary of treasury over certain 
        audits and investigations.--Notwithstanding the 2d 
        sentence and last sentence of section 403(a) of this 
        title, the Inspector General of the Department of the 
        Treasury shall be under the authority, direction, and 
        control of the Secretary of the Treasury with respect 
        to audits or investigations, or the issuance of 
        subpoenas, which require access to sensitive 
        information concerning--
                  (A) ongoing criminal investigations or 
                proceedings;
                  (B) undercover operations;
                  (C) the identity of confidential sources, 
                including protected witnesses;
                  (D) deliberations and decisions on policy 
                matters, including documented information used 
                as a basis for making policy decisions, the 
                disclosure of which could reasonably be 
                expected to have a significant influence on the 
                economy or market behavior;
                  (E) intelligence or counterintelligence 
                matters; or
                  (F) other matters the disclosure of which 
                would constitute a serious threat to national 
                security or to the protection of any person or 
                property authorized protection by section 3056 
                of title 18, section 3056A of title 18, or any 
                provision of the Presidential Protection 
                Assistance Act of 1976 (Public Law 94--524, 18 
                U.S.C. 3056 note).
          (2) Authority of secretary of treasury to prohibit 
        carrying out or completing certain audits and 
        investigations.--With respect to the information 
        described under paragraph (1), the Secretary of the 
        Treasury may prohibit the Inspector General of the 
        Department of the Treasury from carrying out or 
        completing any audit or investigation, from accessing 
        information described in paragraph (1), or from issuing 
        any subpoena, after such Inspector General has decided 
        to initiate, carry out, or complete such audit or 
        investigation, access such information, or to issue 
        such subpoena, if the Secretary determines that such 
        prohibition is necessary to prevent the disclosure of 
        any information described under paragraph (1) or to 
        prevent significant impairment to the national 
        interests of the United States.
          (3) Notification and statement of reasons for 
        exercise of power.--If the Secretary of the Treasury 
        exercises any power under paragraph (1) or (2), the 
        Secretary of the Treasury shall notify the Inspector 
        General of the Department of the Treasury in writing, 
        stating the reasons for such exercise. Within 30 days 
        after receipt of any such notice, the Inspector General 
        of the Department of the Treasury shall transmit a copy 
        of such notice to the Committee on Homeland Security 
        and Governmental Affairs and the Committee on Finance 
        of the Senate and the Committee on Oversight and Reform 
        and the Committee on Ways and Means of the House of 
        Representatives, and to other appropriate committees or 
        subcommittees of the Congress.
          (4) Exception relating to treasury inspector general 
        for tax administration.--The Secretary of the Treasury 
        may not exercise any power under paragraph (1) or (2) 
        with respect to the Treasury Inspector General for Tax 
        Administration.
    (b) Oversight Responsibility for Internal Investigations.--
          (1) In general.--In carrying out the duties and 
        responsibilities specified in this chapter, the 
        Inspector General of the Department of the Treasury 
        shall have oversight responsibility for the internal 
        investigations performed by the Office of Internal 
        Affairs of the Tax and Trade Bureau. The head of such 
        office shall promptly report to the Inspector General 
        of the Department of the Treasury the significant 
        activities being carried out by such office.
          (2) Exercise of duties and responsibilities.--The 
        Inspector General of the Department of the Treasury 
        shall exercise all duties and responsibilities of an 
        Inspector General for the Department of the Treasury 
        other than the duties and responsibilities exercised by 
        the Treasury Inspector General for Tax Administration.
          (3) Establishment of procedures.--The Secretary of 
        the Treasury shall establish procedures under which the 
        Inspector General of the Department of the Treasury and 
        the Treasury Inspector General for Tax Administration 
        will--
                  (A) determine how audits and investigations 
                are allocated in cases of overlapping 
                jurisdiction; and
                  (B) provide for coordination, cooperation, 
                and efficiency in the conduct of such audits 
                and investigations.
    (c) Audits and Investigations in Department of Treasury.-- 
Notwithstanding subsection (b), the Inspector General of the 
Department of the Treasury may initiate, conduct and supervise 
such audits and investigations in the Department of the 
Treasury (including the bureau referred to in subsection (b)) 
as the Inspector General of the Department of the Treasury 
considers appropriate.
    (d) Authority To Provide Written Notice to Tax and Trade 
Bureau.--If the Inspector General of the Department of the 
Treasury initiates an audit or investigation under subsection 
(c) concerning the bureau referred to in subsection (b), the 
Inspector General of the Department of the Treasury may provide 
the head of the office of such bureau referred to in subsection 
(b) with written notice that the Inspector General of the 
Department of the Treasury has initiated such an audit or 
investigation. If the Inspector General of the Department of 
the Treasury issues a notice under the preceding sentence, no 
other audit or investigation shall be initiated into the matter 
under audit or investigation by the Inspector General of the 
Department of the Treasury, and any other audit or 
investigation of such matter shall cease.
    (e) Treasury Inspector General for Tax Administration.--
          (1) Access to returns and return information.--The 
        Treasury Inspector General for Tax Administration shall 
        have access to returns and return information, as 
        defined in section 6103(b) of the Internal Revenue Code 
        of 1986 (26 U.S.C. 6103(b)), only in accordance with 
        the provisions of section 6103 of the Internal Revenue 
        Code of 1986 (26 U.S.C. 6103) and this chapter.
          (2) Standardized records and accountings.--The 
        Internal Revenue Service shall maintain the same system 
        of standardized records or accountings of all requests 
        from the Treasury Inspector General for Tax 
        Administration for inspection or disclosure of returns 
        and return information (including the reasons for and 
        dates of such requests), and of returns and return 
        information inspected or disclosed pursuant to such 
        requests, as described under section 6103(p)(3)(A) of 
        the Internal Revenue Code of 1986 (26 U.S.C. 
        6103(p)(3)(A)). Such system of standardized records or 
        accountings shall also be available for examination in 
        the same manner as provided under section 6103(p)(3) of 
        the Internal Revenue Code of 1986 (26 U.S.C. 
        6103(p)(3)).
          (3) Safeguards and conditions.--The Treasury 
        Inspector General for Tax Administration shall be 
        subject to the same safeguards and conditions for 
        receiving returns and return information as are 
        described under section 6103(p)(4) of the Internal 
        Revenue Code of 1986 (26 U.S.C. 6103(p)(4)).
    (f) Audit or Investigation Shall Not Affect Final Decision 
Under Section 6406 of Internal Revenue Code of 1986.--An audit 
or investigation conducted by the Inspector General of the 
Department of the Treasury or the Treasury Inspector General 
for Tax Administration shall not affect a final decision of the 
Secretary of the Treasury or the Secretary's delegate under 
section 6406 of the Internal Revenue Code of 1986 (26 U.S.C. 
6406).
    (g) Reports.--
          (1) Reports to congressional committees.--Any report 
        required to be transmitted by the Secretary of the 
        Treasury to the appropriate committees or subcommittees 
        of the Congress under section 405(e) of this title 
        shall also be transmitted, within the 7-day period 
        specified under such section, to the Committee on 
        Homeland Security and Governmental Affairs and the 
        Committee on Finance of the Senate and the Committee on 
        Oversight and Reform and the Committee on Ways and 
        Means of the House of Representatives.
          (2) Reports made by treasury inspector general for 
        tax administration to congressional committees.--Any 
        report made by the Treasury Inspector General for Tax 
        Administration that is required to be transmitted by 
        the Secretary of the Treasury to the appropriate 
        committees or subcommittees of Congress under section 
        405(e) of this title shall also be transmitted, within 
        the 7-day period specified under such subsection, to 
        the Internal Revenue Service Oversight Board and the 
        Commissioner of Internal Revenue.
    (h) Duties and Responsibilities of Treasury Inspector 
General for Tax Administration.--The Treasury Inspector General 
for Tax Administration shall exercise all duties and 
responsibilities of an Inspector General of an establishment 
with respect to the Department of the Treasury and the 
Secretary of the Treasury on all matters relating to the 
Internal Revenue Service. The Treasury Inspector General for 
Tax Administration shall have sole authority under this chapter 
to conduct an audit or investigation of the Internal Revenue 
Service Oversight Board and the Chief Counsel for the Internal 
Revenue Service.
    (i) Ability To Lead Large and Complex Organization.--In 
addition to the requirements of the 1st sentence of section 
403(a) of this title, the Treasury Inspector General for Tax 
Administration should have demonstrated ability to lead a large 
and complex organization.
    (j) Prohibition on Appointment of Employee of Internal 
Revenue Service to Certain Positions.--An individual appointed 
to the position of Treasury Inspector General for Tax 
Administration, the Assistant Inspector General for Auditing of 
the Office of the Treasury Inspector General for Tax 
Administration under section 403(d)(1)(B)(i) of this title (or, 
effective November 27, 2017, section 403(d)(2)(B)(i) of this 
title), the Assistant Inspector General for Investigations of 
the Office of the Treasury Inspector General for Tax 
Administration under section 403(d)(1)(B)(ii) of this title 
(or, effective November 27, 2017, section 403(d)(2)(B)(ii) of 
this title), or any position of Deputy Inspector General of the 
Office of the Treasury Inspector General for Tax Administration 
may not be an employee of the Internal Revenue Service--
          (1) during the 2-year period preceding the date of 
        appointment to such position; or
          (2) during the 5-year period following the date such 
        individual ends service in such position.
    (k) Additional Duties and Responsibilities.--
          (1) In general.--In addition to the duties and 
        responsibilities exercised by an inspector general of 
        an establishment, the Treasury Inspector General for 
        Tax Administration--
                  (A) shall have the duty to enforce criminal 
                provisions under section 7608(b) of the 
                Internal Revenue Code of 1986 (26 U.S.C. 
                7608(b));
                  (B) in addition to the functions authorized 
                under section 7608(b)(2) of the Internal 
                Revenue Code of 1986 (26 U.S.C. 7608(b)(2)), 
                may carry firearms;
                  (C) shall be responsible for protecting the 
                Internal Revenue Service against external 
                attempts to corrupt or threaten employees of 
                the Internal Revenue Service, but shall not be 
                responsible for the conducting of background 
                checks and the providing of protection to the 
                Commissioner of Internal Revenue; and
                  (D) may designate any employee in the Office 
                of the Treasury Inspector General for Tax 
                Administration to enforce such laws and perform 
                such functions referred to under subparagraphs 
                (A), (B), and (C).
          (2) Reporting violations.--
                  (A) Reporting reasonable grounds to believe a 
                violation of federal criminal law occurred.--In 
                performing a law enforcement function under 
                paragraph (1), the Treasury Inspector General 
                for Tax Administration shall report any 
                reasonable grounds to believe there has been a 
                violation of Federal criminal law to the 
                Attorney General at an appropriate time as 
                determined by the Treasury Inspector General 
                for Tax Administration, notwithstanding section 
                404(d) of this title.
                  (B) Reporting problems, abuses, or 
                deficiencies.--In the administration of section 
                405(e) of this title and subsection (g)(2) of 
                this section, the Secretary of the Treasury may 
                transmit the required report with respect to 
                the Treasury Inspector General for Tax 
                Administration at an appropriate time as 
                determined by the Secretary, if the problem, 
                abuse, or deficiency relates to--
                          (i) the performance of a law 
                        enforcement function under paragraph 
                        (1); and
                          (ii) sensitive information concerning 
                        matters under subsection (a)(1)(A) 
                        through (F).
          (3) Limitation.--Nothing in this subsection shall be 
        construed to affect the authority of any other person 
        to carry out or enforce any provision specified in 
        paragraph (1).
    (l) Request for Audit or Investigation Relating to Internal 
Revenue Service.--
          (1) In general.--The Commissioner of Internal Revenue 
        or the Internal Revenue Service Oversight Board may 
        request, in writing, the Treasury Inspector General for 
        Tax Administration to conduct an audit or investigation 
        relating to the Internal Revenue Service. If the 
        Treasury Inspector General for Tax Administration 
        determines not to conduct such audit or investigation, 
        the Inspector General shall timely provide a written 
        explanation for such determination to the person making 
        the request.
          (2) Reports.--
                  (A) Final report of audit.--Any final report 
                of an audit conducted by the Treasury Inspector 
                General for Tax Administration shall be timely 
                submitted by the Inspector General to the 
                Commissioner of Internal Revenue and the 
                Internal Revenue Service Oversight Board.
                  (B) Periodic list of investigations for which 
                final report completed.--The Treasury Inspector 
                General for Tax Administration shall 
                periodically submit to the Commissioner and 
                Board a list of investigations for which a 
                final report has been completed by the 
                Inspector General and shall provide a copy of 
                any such report upon request of the 
                Commissioner or Board.
                  (C) Applicability.--This paragraph applies 
                regardless of whether the applicable audit or 
                investigation is requested under paragraph (1).

Sec. 413. Special Provisions Concerning the Department of Justice

    (a) In General.--
          (1) Authority of attorney general over certain audits 
        and investigations.--Notwithstanding the 2d sentence 
        and last sentence of section 403(a) of this title, the 
        Inspector General shall be under the authority, 
        direction, and control of the Attorney General with 
        respect to audits or investigations, or the issuance of 
        subpoenas, which require access to sensitive 
        information concerning--
                  (A) ongoing civil or criminal investigations 
                or proceedings;
                  (B) undercover operations;
                  (C) the identity of confidential sources, 
                including protected witnesses;
                  (D) intelligence or counterintelligence 
                matters; or
                  (E) other matters the disclosure of which 
                would constitute a serious threat to national 
                security.
          (2) Authority of attorney general to prohibit 
        carrying out or completing certain audits and 
        investigations.--With respect to the information 
        described under paragraph (1), the Attorney General may 
        prohibit the Inspector General from carrying out or 
        completing any audit or investigation, from accessing 
        information described in paragraph (1), or from issuing 
        any subpoena, after such Inspector General has decided 
        to initiate, carry out, or complete such audit or 
        investigation, access such information, or to issue 
        such subpoena, if the Attorney General determines that 
        such prohibition is necessary to prevent the disclosure 
        of any information described under paragraph (1) or to 
        prevent significant impairment to the national 
        interests of the United States.
          (3) Notification and statement of reasons for 
        exercise of power.--If the Attorney General exercises 
        any power under paragraph (1) or (2), the Attorney 
        General shall notify the Inspector General in writing, 
        stating the reasons for such exercise. Within 30 days 
        after receipt of any such notice, the Inspector General 
        shall transmit a copy of such notice to the Committee 
        on Homeland Security and Governmental Affairs and the 
        Committee on the Judiciary of the Senate and the 
        Committee on Oversight and Reform and the Committee on 
        the Judiciary of the House of Representatives, and to 
        other appropriate committees or subcommittees of the 
        Congress.
    (b) Carrying Out Duties and Responsibilities.--In carrying 
out the duties and responsibilities specified in this chapter, 
the Inspector General of the Department of Justice--
          (1) may initiate, conduct and supervise such audits 
        and investigations in the Department of Justice as the 
        Inspector General considers appropriate;
          (2) except as specified in subsection (a) and 
        paragraph (3), may investigate allegations of criminal 
        wrongdoing or administrative misconduct by an employee 
        of the Department of Justice, or may, in the discretion 
        of the Inspector General, refer such allegations to the 
        Office of Professional Responsibility or the internal 
        affairs office of the appropriate component of the 
        Department of Justice;
          (3) shall refer to the Counsel, Office of 
        Professional Responsibility of the Department of 
        Justice, allegations of misconduct involving Department 
        attorneys, investigators, or law enforcement personnel, 
        where the allegations relate to the exercise of the 
        authority of an attorney to investigate, litigate, or 
        provide legal advice, except that no such referral 
        shall be made if the attorney is employed in the Office 
        of Professional Responsibility;
          (4) may investigate allegations of criminal 
        wrongdoing or administrative misconduct by a person who 
        is the head of any agency or component of the 
        Department of Justice; and
          (5) shall forward the results of any investigation 
        conducted under paragraph (4), along with any 
        appropriate recommendation for disciplinary action, to 
        the Attorney General.
    (c) Reports.--Any report required to be transmitted by the 
Attorney General to the appropriate committees or subcommittees 
of the Congress under section 405(e) of this title shall also 
be transmitted, within the 7-day period specified under that 
section, to the Committee on the Judiciary and the Committee on 
Homeland Security and Governmental Affairs of the Senate and 
the Committee on the Judiciary and the Committee on Oversight 
and Reform of the House of Representatives.
    (d) Regulation To Ensure Reporting of Certain Allegations 
to Inspector General.--The Attorney General shall ensure by 
regulation that any component of the Department of Justice 
receiving a nonfrivolous allegation of criminal wrongdoing or 
administrative misconduct by an employee of the Department of 
Justice, except with respect to allegations described in 
subsection (b)(3), shall report that information to the 
Inspector General.

Sec. 414. Special Provisions Concerning the Corporation for National 
                    and Community Service

    (a) Personnel.--Notwithstanding the provisions of 
paragraphs (7) and (8) of section 406(a) of this title, it is 
within the exclusive jurisdiction of the Inspector General of 
the Corporation for National and Community Service to--
          (1) appoint and determine the compensation of such 
        officers and employees in accordance with section 
        195(b) of the National and Community Service Act of 
        1990 (42 U.S.C. 12651f(b)); and
          (2) procure the temporary and intermittent services 
        of and compensate such experts and consultants, in 
        accordance with section 3109(b) of this title,
as may be necessary to carry out the functions, powers, and 
duties of the Inspector General.
    (b) Reports to Board of Directors.--Not later than the date 
on which the Chief Executive Officer of the Corporation for 
National and Community Service transmits any report to the 
Congress under subsection (b) or (c) of section 405 of this 
title, the Chief Executive Officer shall transmit such report 
to the Board of Directors of such Corporation.
    (c) Review of Audit Reports by Board of Directors.--Not 
later than the date on which the Chief Executive Officer of the 
Corporation for National and Community Service transmits a 
report described under section 405(c) of this title to the 
Board of Directors as provided under subsection (b) of this 
section, the Chief Executive Officer shall also transmit any 
audit report which is described in the statement required under 
section 405(c)(4) to the Board of Directors. All such audit 
reports shall be placed on the agenda for review at the next 
scheduled meeting of the Board of Directors following such 
transmittal. The Chief Executive Officer of the Corporation 
shall be present at such meeting to provide any information 
relating to such audit reports.
    (d) Report of Problem, Abuse, or Deficiency to Board of 
Directors.--Not later than the date on which the Inspector 
General of the Corporation for National and Community Service 
reports a problem, abuse, or deficiency under section 405(e) of 
this title to the Chief Executive Officer of the Corporation, 
the Chief Executive Officer shall report such problem, abuse, 
or deficiency to the Board of Directors.

Sec. 415. Requirements for Federal Entities and Designated Federal 
                    Entities

    (a) Definitions.--Notwithstanding section 401 of this 
title, in this section:
          (1) Designated federal entity.--
                  (A) In general.--The term ``designated 
                Federal entity'' means Amtrak, the Appalachian 
                Regional Commission, the Board of Governors of 
                the Federal Reserve System and the Bureau of 
                Consumer Financial Protection, the Committee 
                for Purchase From People Who Are Blind or 
                Severely Disabled, the Commodity Futures 
                Trading Commission, the Consumer Product Safety 
                Commission, the Corporation for Public 
                Broadcasting, the Defense Intelligence Agency, 
                the Denali Commission, the Equal Employment 
                Opportunity Commission, the Farm Credit 
                Administration, the Federal Election 
                Commission, the Election Assistance Commission, 
                the Federal Labor Relations Authority, the 
                Federal Maritime Commission, the Federal Trade 
                Commission, the Legal Services Corporation, the 
                National Archives and Records Administration, 
                the National Credit Union Administration, the 
                National Endowment for the Arts, the National 
                Endowment for the Humanities, the National 
                Geospatial-Intelligence Agency, the National 
                Labor Relations Board, the National Science 
                Foundation, the Peace Corps, the Pension 
                Benefit Guaranty Corporation, the Securities 
                and Exchange Commission, the Smithsonian 
                Institution, the United States International 
                Development Finance Corporation, the United 
                States International Trade Commission, the 
                Postal Regulatory Commission, and the United 
                States Postal Service.
                  (B) Amtrak.--Effective at the beginning of 
                the first fiscal year after a fiscal year for 
                which Amtrak receives no Federal subsidy, 
                subparagraph (A) is amended by striking 
                ``Amtrak,''.
          (2) Federal entity.--The term ``Federal entity'' 
        means any Government corporation (within the meaning of 
        section 103(1) of this title), any Government 
        controlled corporation (within the meaning of section 
        103(2) of this title), or any other entity in the 
        executive branch of the Government, or any independent 
        regulatory agency, but does not include--
                  (A) an establishment (as defined under 
                section 401 of this title) or part of an 
                establishment;
                  (B) a designated Federal entity (as defined 
                under paragraph (1) of this subsection) or part 
                of a designated Federal entity;
                  (C) the Executive Office of the President;
                  (D) the Central Intelligence Agency;
                  (E) the Government Accountability Office; or
                  (F) any entity in the judicial or legislative 
                branches of the Government, including the 
                Administrative Office of the United States 
                Courts and the Architect of the Capitol and any 
                activities under the direction of the Architect 
                of the Capitol.
          (3) Head of the designated federal entity.--The term 
        ``head of the designated Federal entity'' means the 
        board or commission of the designated Federal entity, 
        or in the event the designated Federal entity does not 
        have a board or commission, any person or persons 
        designated by statute as the head of a designated 
        Federal entity and if no such designation exists, the 
        chief policymaking officer or board of a designated 
        Federal entity as identified in the list published 
        pursuant to subsection (h)(1) of this section, except 
        that--
                  (A) with respect to the National Science 
                Foundation, such term means the National 
                Science Board;
                  (B) with respect to the United States Postal 
                Service, such term means the Governors (within 
                the meaning of section 102(3) of title 39);
                  (C) with respect to the Federal Labor 
                Relations Authority, such term means the 
                members of the Authority (described under 
                section 7104 of this title);
                  (D) with respect to the Committee for 
                Purchase From People Who Are Blind or Severely 
                Disabled, such term means the Chairman of the 
                Committee for Purchase From People Who Are 
                Blind or Severely Disabled;
                  (E) with respect to the National Archives and 
                Records Administration, such term means the 
                Archivist of the United States;
                  (F) with respect to the National Credit Union 
                Administration, such term means the National 
                Credit Union Administration Board (described 
                under section 102 of the Federal Credit Union 
                Act (12 U.S.C. 1752a));
                  (G) with respect to the National Endowment of 
                the Arts, such term means the National Council 
                on the Arts;
                  (H) with respect to the National Endowment 
                for the Humanities, such term means the 
                National Council on the Humanities;
                  (I) with respect to the Peace Corps, such 
                term means the Director of the Peace Corps; and
                  (J) with respect to the United States 
                International Development Finance Corporation, 
                such term means the Board of Directors of the 
                United States International Development Finance 
                Corporation.
          (4) Head of the federal entity.--The term ``head of 
        the Federal entity'' means any person or persons 
        designated by statute as the head of a Federal entity, 
        and if no such designation exists, the chief 
        policymaking officer or board of a Federal entity as 
        identified in the list published pursuant to subsection 
        (h)(1) of this section.
          (5) Inspector general.--The term ``Inspector 
        General'' means an Inspector General of a designated 
        Federal entity.
          (6) Office of inspector general.--The term ``Office 
        of Inspector General'' means an Office of Inspector 
        General of a designated Federal entity.
    (b) Office of Inspector General in Each Designated Federal 
Entity.--Not later than 180 days after October 18, 1988, there 
shall be established and maintained in each designated Federal 
entity an Office of Inspector General. The head of the 
designated Federal entity shall transfer to such office the 
offices, units, or other components, and the functions, powers, 
or duties thereof, that such head determines are properly 
related to the functions of the Office of Inspector General and 
would, if so transferred, further the purposes of this section. 
There shall not be transferred to such office any program 
operating responsibilities.
    (c) Appointment of Inspector General.--Except as provided 
under subsection (f) of this section, the Inspector General 
shall be appointed by the head of the designated Federal entity 
in accordance with the applicable laws and regulations 
governing appointments within the designated Federal entity. 
Each Inspector General shall be appointed without regard to 
political affiliation and solely on the basis of integrity and 
demonstrated ability in accounting, auditing, financial 
analysis, law, management analysis, public administration, or 
investigations. For purposes of implementing this section, the 
Chairman of the Board of Governors of the Federal Reserve 
System shall appoint the Inspector General of the Board of 
Governors of the Federal Reserve System and the Bureau of 
Consumer Financial Protection. The Inspector General of the 
Board of Governors of the Federal Reserve System and the Bureau 
of Consumer Financial Protection shall have all of the 
authorities and responsibilities provided by this Act with 
respect to the Bureau of Consumer Financial Protection, as if 
the Bureau were part of the Board of Governors of the Federal 
Reserve System.
    (d) Supervision.--
          (1) In general.--Each Inspector General shall report 
        to and be under the general supervision of the head of 
        the designated Federal entity, but shall not report to, 
        or be subject to supervision by, any other officer or 
        employee of such designated Federal entity. Except as 
        provided in paragraph (2), the head of the designated 
        Federal entity shall not prevent or prohibit the 
        Inspector General from initiating, carrying out, or 
        completing any audit or investigation, or from issuing 
        any subpoena during the course of any audit or 
        investigation.
          (2) Exception relating to intelligence community.--
                  (A) In general.--The Secretary of Defense, in 
                consultation with the Director of National 
                Intelligence, may prohibit the inspector 
                general of an element of the intelligence 
                community specified in subparagraph (D) from 
                initiating, carrying out, or completing any 
                audit or investigation, or from accessing 
                information available to an element of the 
                intelligence community specified in 
                subparagraph (D), if the Secretary determines 
                that the prohibition is necessary to protect 
                vital national security interests of the United 
                States.
                  (B) Statement of reasons for exercise of 
                authority.--If the Secretary exercises the 
                authority under subparagraph (A), the Secretary 
                shall submit to the committees of Congress 
                specified in subparagraph (E) an appropriately 
                classified statement of the reasons for the 
                exercise of such authority not later than 7 
                days after the exercise of such authority.
                  (C) Notification to inspector general.--At 
                the same time the Secretary submits under 
                subparagraph (B) a statement on the exercise of 
                the authority in subparagraph (A) to the 
                committees of Congress specified in 
                subparagraph (E), the Secretary shall notify 
                the inspector general of such element of the 
                submittal of such statement and, to the extent 
                consistent with the protection of intelligence 
                sources and methods, provide such inspector 
                general with a copy of such statement. Such 
                inspector general may submit to such committees 
                of Congress any comments on a notice or 
                statement received by the inspector general 
                under this subparagraph that the inspector 
                general considers appropriate.
                  (D) Elements of the intelligence community.--
                The elements of the intelligence community 
                specified in this subparagraph are as follows:
                          (i) The Defense Intelligence Agency.
                          (ii) The National Geospatial-
                        Intelligence Agency.
                          (iii) The National Reconnaissance 
                        Office.
                          (iv) The National Security Agency.
                  (E) Committees of congress.--The committees 
                of Congress specified in this subparagraph 
                are--
                          (i) the Committee on Armed Services 
                        and the Select Committee on 
                        Intelligence of the Senate; and
                          (ii) the Committee on Armed Services 
                        and the Permanent Select Committee on 
                        Intelligence of the House of 
                        Representatives.
    (e) Removal.--
          (1) Board, chairman of committee, or commission is 
        head of designated federal entity.--In the case of a 
        designated Federal entity for which a board, chairman 
        of a committee, or commission is the head of the 
        designated Federal entity, a removal under this 
        subsection may only be made upon the written 
        concurrence of a \2/3\ majority of the board, 
        committee, or commission.
          (2) Inspector general removed or transferred.--If an 
        Inspector General is removed from office or is 
        transferred to another position or location within a 
        designated Federal entity, the head of the designated 
        Federal entity shall communicate in writing the reasons 
        for any such removal or transfer to both Houses of 
        Congress, not later than 30 days before the removal or 
        transfer. Nothing in this subsection shall prohibit a 
        personnel action otherwise authorized by law, other 
        than transfer or removal.
    (f) United States Postal Service.--
          (1) Appointment.--For purposes of carrying out 
        subsection (b) with respect to the United States Postal 
        Service, the appointment provisions of section 202(e) 
        of title 39 shall be applied.
          (2) Oversight responsibility of inspector general for 
        activities of postal inspection service.--In carrying 
        out the duties and responsibilities specified in this 
        chapter, the Inspector General of the United States 
        Postal Service (hereinafter in this subsection referred 
        to as the ``Inspector General'') shall have oversight 
        responsibility for all activities of the Postal 
        Inspection Service, including any internal 
        investigation performed by the Postal Inspection 
        Service. The Chief Postal Inspector shall promptly 
        report the significant activities being carried out by 
        the Postal Inspection Service to such Inspector 
        General.
          (3) Audits and investigations.--
                  (A) Authority, direction, and control of 
                governors.--
                          (i) Access to sensitive 
                        information.--Notwithstanding 
                        subsection (d), the Inspector General 
                        shall be under the authority, 
                        direction, and control of the Governors 
                        with respect to audits or 
                        investigations, or the issuance of 
                        subpoenas, which require access to 
                        sensitive information concerning--
                                  (I) ongoing civil or criminal 
                                investigations or proceedings;
                                  (II) undercover operations;
                                  (III) the identity of 
                                confidential sources, including 
                                protected witnesses;
                                  (IV) intelligence or 
                                counterintelligence matters; or
                                  (V) other matters the 
                                disclosure of which would 
                                constitute a serious threat to 
                                national security.
                          (ii) Authority to prohibit inspector 
                        general from carrying out or completing 
                        audit or investigation.--With respect 
                        to the information described under 
                        clause (i), the Governors may prohibit 
                        the Inspector General from carrying out 
                        or completing any audit or 
                        investigation, or from issuing any 
                        subpoena, after such Inspector General 
                        has decided to initiate, carry out, or 
                        complete such audit or investigation or 
                        to issue such subpoena, if the 
                        Governors determine that such 
                        prohibition is necessary to prevent the 
                        disclosure of any information described 
                        under clause (i) or to prevent 
                        significant impairment to the national 
                        interests of the United States.
                          (iii) Notification of reasons for 
                        exercise of power.--If the Governors 
                        exercise any power under clause (i) or 
                        (ii), the Governors shall notify the 
                        Inspector General in writing, stating 
                        the reasons for such exercise. Within 
                        30 days after receipt of any such 
                        notice, the Inspector General shall 
                        transmit a copy of such notice to the 
                        Committee on Homeland Security and 
                        Governmental Affairs of the Senate and 
                        the Committee on Oversight and Reform 
                        of the House of Representatives, and to 
                        other appropriate committees or 
                        subcommittees of the Congress.
                  (B) Initiating, conducting, and supervising 
                audits and investigations.--In carrying out the 
                duties and responsibilities specified in this 
                chapter, the Inspector General--
                          (i) may initiate, conduct, and 
                        supervise such audits and 
                        investigations in the United States 
                        Postal Service as the Inspector General 
                        considers appropriate; and
                          (ii) shall give particular regard to 
                        the activities of the Postal Inspection 
                        Service with a view toward avoiding 
                        duplication and ensuring effective 
                        coordination and cooperation.
                  (C) Reporting serious problems, abuses, or 
                deficiencies.-- Any report required to be 
                transmitted by the Governors to the appropriate 
                committees or subcommittees of the Congress 
                under section 405(e) of this title shall also 
                be transmitted, within the 7-day period 
                specified under such section, to the Committee 
                on Homeland Security and Governmental Affairs 
                of the Senate and the Committee on Oversight 
                and Reform of the House of Representatives.
          (4) Limitation.--Nothing in this chapter shall 
        restrict, eliminate, or otherwise adversely affect any 
        of the rights, privileges, or benefits of either 
        employees of the United States Postal Service, or labor 
        organizations representing employees of the United 
        States Postal Service, under chapter 12 of title 39, 
        the National Labor Relations Act, any handbook or 
        manual affecting employee labor relations with the 
        United States Postal Service, or any collective 
        bargaining agreement.
          (5) Definition of governors.--In this subsection, the 
        term ``Governors'' has the meaning given the term by 
        section 102(3) of title 39.
          (6) Authorization of appropriations.--There are 
        authorized to be appropriated, out of the Postal 
        Service Fund, such sums as may be necessary for the 
        Office of Inspector General of the United States Postal 
        Service.
    (g) Special Application.--
          (1) Sections 404, 405, 406, and 407.--Sections 404, 
        405, 406 (other than paragraphs (7) and (8) of section 
        406(a)), and 407 of this title shall apply to each 
        Inspector General and Office of Inspector General of a 
        designated Federal entity, and such sections shall be 
        applied to each designated Federal entity and head of 
        the designated Federal entity (as defined under 
        subsection (a)) by substituting--
                  (A) ``designated Federal entity'' for 
                ``establishment''; and
                  (B) ``head of the designated Federal entity'' 
                for ``head of the establishment''.
          (2) Personnel.--In addition to the other authorities 
        specified in this chapter, an Inspector General is 
        authorized to select, appoint, and employ such officers 
        and employees as may be necessary for carrying out the 
        functions, powers, and duties of the Office of 
        Inspector General and to obtain the temporary or 
        intermittent services of experts or consultants or an 
        organization of experts or consultants, subject to the 
        applicable laws and regulations that govern such 
        selections, appointments, and employment, and the 
        obtaining of such services, within the designated 
        Federal entity.
          (3) Application of section 412(a).--Notwithstanding 
        the last sentence of subsection (d)(1) of this section, 
        the provisions of subsection (a) of section 412 of this 
        title (other than the provisions of subparagraphs (A), 
        (B), (C), and (E) of subsection (a)(1) of section 412 
        of this title) shall apply to the Inspector General of 
        the Board of Governors of the Federal Reserve System 
        and the Bureau of Consumer Financial Protection and the 
        Chairman of the Board of Governors of the Federal 
        Reserve System in the same manner as such provisions 
        apply to the Inspector General of the Department of the 
        Treasury and the Secretary of the Treasury, 
        respectively.
          (4) Counsel.--Each Inspector General shall--
                  (A) in accordance with applicable laws and 
                regulations governing appointments within the 
                designated Federal entity, appoint a Counsel to 
                the Inspector General who shall report to the 
                Inspector General;
                  (B) obtain the services of a counsel 
                appointed by and directly reporting to another 
                Inspector General on a reimbursable basis; or
                  (C) obtain the services of appropriate staff 
                of the Council of the Inspectors General on 
                Integrity and Efficiency on a reimbursable 
                basis.
    (h) Annual Listing and Report.--
          (1) Listing.--Each year, the Director of the Office 
        of Management and Budget, after consultation with the 
        Comptroller General of the United States, shall publish 
        in the Federal Register a list of the Federal entities 
        and designated Federal entities and if the designated 
        Federal entity is not a board or commission, include 
        the head of each such entity (as defined under 
        subsection (a)).
          (2) Report.--On October 31 of each year, the head of 
        each Federal entity (as defined under subsection (a)) 
        shall prepare and transmit to the Director of the 
        Office of Management and Budget and to each House of 
        the Congress a report that--
                  (A) states whether there has been established 
                in the Federal entity an office that meets the 
                requirements of this section;
                  (B) specifies the actions taken by the 
                Federal entity otherwise to ensure that audits 
                are conducted of its programs and operations in 
                accordance with the standards for audit of 
                governmental organizations, programs, 
                activities, and functions issued by the 
                Comptroller General of the United States, and 
                includes a list of each audit report completed 
                by a Federal or non-Federal auditor during the 
                reporting period and a summary of any 
                particularly significant findings; and
                  (C) summarizes any matters relating to the 
                personnel, programs, and operations of the 
                Federal entity referred to prosecutive 
                authorities, including a summary description of 
                any preliminary investigation conducted by or 
                at the request of the Federal entity concerning 
                these matters, and the prosecutions and 
                convictions which have resulted.

Sec. 416. Additional Provisions With Respect to Inspectors General of 
                    the Intelligence Community

    (a) Definitions.--In this section:
          (1) Intelligence committees.--The term ``intelligence 
        committees'' means the Permanent Select Committee on 
        Intelligence of the House of Representatives and the 
        Select Committee on Intelligence of the Senate.
          (2) Urgent concern.--The term ``urgent concern'' 
        means any of the following:
                  (A) A serious or flagrant problem, abuse, 
                violation of law or Executive order, or 
                deficiency relating to the funding, 
                administration, or operations of an 
                intelligence activity involving classified 
                information, but does not include differences 
                of opinions concerning public policy matters.
                  (B) A false statement to Congress, or a 
                willful withholding from Congress, on an issue 
                of material fact relating to the funding, 
                administration, or operation of an intelligence 
                activity.
                  (C) An action, including a personnel action 
                described in section 2302(a)(2)(A) of this 
                title constituting reprisal or threat of 
                reprisal prohibited under section 407(c) of 
                this title in response to an employee's 
                reporting an urgent concern in accordance with 
                this section.
    (b) Complaint or Information With Respect to Urgent 
Concern.--
          (1) To whom reports may be made.--
                  (A) Inspector general of department of 
                defense.--An employee of the Defense 
                Intelligence Agency, the National Geospatial-
                Intelligence Agency, the National 
                Reconnaissance Office, or the National Security 
                Agency, or of a contractor of any of those 
                Agencies, who intends to report to Congress a 
                complaint or information with respect to an 
                urgent concern may report the complaint or 
                information to the Inspector General of the 
                Department of Defense (or designee).
                  (B) Inspector general of intelligence 
                community.--An employee of an element of the 
                intelligence community, an employee assigned or 
                detailed to an element of the intelligence 
                community, or an employee of a contractor to 
                the intelligence community, who intends to 
                report to Congress a complaint or information 
                with respect to an urgent concern may report 
                such complaint or information to the Inspector 
                General of the Intelligence Community.
                  (C) Inspector general of department of 
                justice.--An employee of the Federal Bureau of 
                Investigation, or of a contractor of the 
                Bureau, who intends to report to Congress a 
                complaint or information with respect to an 
                urgent concern may report the complaint or 
                information to the Inspector General of the 
                Department of Justice (or designee).
                  (D) Other appropriate inspector general.--Any 
                other employee of, or contractor to, an 
                executive agency, or element or unit thereof, 
                determined by the President under section 
                2302(a)(2)(C)(ii) of this title, to have as its 
                principal function the conduct of foreign 
                intelligence or counterintelligence activities, 
                who intends to report to Congress a complaint 
                or information with respect to an urgent 
                concern may report the complaint or information 
                to the appropriate Inspector General (or 
                designee) under this chapter, section 17 of the 
                Central Intelligence Agency Act of 1949 (50 
                U.S.C. 3517), or section 103H(k) of the 
                National Security Act of 1947 (50 U.S.C. 
                3033(k)).
          (2) Designee to report complaint or information to 
        inspector general within 7 days.--If a designee of an 
        Inspector General under this section receives a 
        complaint or information of an employee with respect to 
        an urgent concern, that designee shall report the 
        complaint or information to the Inspector General 
        within 7 calendar days of receipt.
          (3) Designees of inspector general of department of 
        defense.--The Inspectors General of the Defense 
        Intelligence Agency, the National Geospatial-
        Intelligence Agency, the National Reconnaissance 
        Office, and the National Security Agency shall be 
        designees of the Inspector General of the Department of 
        Defense for purposes of this section.
    (c) Initial Determinations and Transmittals.--
          (1) Credibility.--Not later than the end of the 14-
        calendar day period beginning on the date of receipt of 
        an employee complaint or information under subsection 
        (b), the Inspector General shall determine whether the 
        complaint or information appears credible. Upon making 
        such a determination, the Inspector General shall 
        transmit to the head of the establishment notice of 
        that determination, together with the complaint or 
        information.
          (2) Conflict of Interest.--If the head of an 
        establishment determines that a complaint or 
        information transmitted under paragraph (1) would 
        create a conflict of interest for the head of the 
        establishment, the head of the establishment shall 
        return the complaint or information to the Inspector 
        General with that determination and the Inspector 
        General shall make the transmission to the Director of 
        National Intelligence and, if the establishment is 
        within the Department of Defense, to the Secretary of 
        Defense. In such a case, the requirements of this 
        section for the head of the establishment apply to each 
        recipient of the Inspector General's transmission.
    (d) Forwarding Transmittals.--Upon receipt of a transmittal 
from the Inspector General under subsection (c), the head of 
the establishment shall, within 7 calendar days of such 
receipt, forward such transmittal to the intelligence 
committees, together with any comments the head of the 
establishment considers appropriate.
    (e) Submitting Complaint or Information to Congress.--
          (1) In general.--If the Inspector General does not 
        find credible under subsection (c) a complaint or 
        information submitted to the Inspector General under 
        subsection (b), or does not transmit the complaint or 
        information to the head of the establishment in 
        accurate form under subsection (c), the employee 
        (subject to paragraph (2)) may submit the complaint or 
        information to Congress by contacting either or both of 
        the intelligence committees directly.
          (2) Limitation.--The employee may contact the 
        intelligence committees directly as described in 
        paragraph (1) only if the employee--
                  (A) before making such a contact, furnishes 
                to the head of the establishment, through the 
                Inspector General, a statement of the 
                employee's complaint or information and notice 
                of the employee's intent to contact the 
                intelligence committees directly; and
                  (B) obtains and follows from the head of the 
                establishment, through the Inspector General, 
                direction on how to contact the intelligence 
                committees in accordance with appropriate 
                security practices.
          (3) Intelligence committee receipt of complaint or 
        information.--A member or employee of one of the 
        intelligence committees who receives a complaint or 
        information under paragraph (1) does so in that member 
        or employee's official capacity as a member or employee 
        of that committee.
    (f) Notification.--The Inspector General shall notify an 
employee who reports a complaint or information under this 
section of each action taken under this section with respect to 
the complaint or information. Such notice shall be provided not 
later than 3 days after any such action is taken.
    (g) No Judicial Review.--An action taken by the head of an 
establishment or an Inspector General under subsections (b) 
through (f) shall not be subject to judicial review.
    (h) Notice of Submission and Date.--An individual who has 
submitted a complaint or information to an Inspector General 
under this section may notify any member of the Permanent 
Select Committee on Intelligence of the House of 
Representatives or the Select Committee on Intelligence of the 
Senate, or a staff member of either such Committee, of the fact 
that such individual has made a submission to that particular 
Inspector General, and of the date on which such submission was 
made.

Sec. 417. Special Provisions Concerning the Department of Homeland 
                    Security

    (a) In General.--
          (1) Authority of secretary of homeland security over 
        certain audits and investigations.--Notwithstanding the 
        2d sentence and last sentence of section 403(a) of this 
        title, the Inspector General of the Department of 
        Homeland Security shall be under the authority, 
        direction, and control of the Secretary of Homeland 
        Security with respect to audits or investigations, or 
        the issuance of subpoenas, that require access to 
        sensitive information concerning--
                  (A) intelligence, counterintelligence, or 
                counterterrorism matters;
                  (B) ongoing criminal investigations or 
                proceedings;
                  (C) undercover operations;
                  (D) the identity of confidential sources, 
                including protected witnesses;
                  (E) other matters the disclosure of which 
                would, in the Secretary's judgment, constitute 
                a serious threat to the protection of any 
                person or property authorized protection by 
                section 3056 of title 18, section 3056A of 
                title 18, or any provision of the Presidential 
                Protection Assistance Act of 1976 (18 U.S.C. 
                3056 note); or
                  (F) other matters the disclosure of which 
                would constitute a serious threat to national 
                security.
          (2) Authority of secretary of homeland security to 
        prohibit carrying out or completing audits or 
        investigations.--With respect to the information 
        described in paragraph (1), the Secretary of Homeland 
        Security may prohibit the Inspector General of the 
        Department of Homeland Security from carrying out or 
        completing any audit or investigation, from accessing 
        information described in paragraph (1), or from issuing 
        any subpoena, after such Inspector General has decided 
        to initiate, carry out, or complete such audit or 
        investigation, access such information, or to issue 
        such subpoena, if the Secretary determines that such 
        prohibition is necessary to prevent the disclosure of 
        any information described in paragraph (1), to preserve 
        the national security, or to prevent a significant 
        impairment to the interests of the United States.
          (3) Notification of exercise of power.--If the 
        Secretary of Homeland Security exercises any power 
        under paragraph (1) or (2), the Secretary shall notify 
        the Inspector General of the Department of Homeland 
        Security in writing within 7 days, stating the reasons 
        for such exercise. Within 30 days after receipt of any 
        such notice, the Inspector General shall transmit to 
        the President of the Senate, the Speaker of the House 
        of Representatives, and appropriate committees and 
        subcommittees of Congress the following--
                  (A) a copy of such notice; and
                  (B) a written response to such notice that 
                includes a statement regarding whether the 
                Inspector General agrees or disagrees with such 
                exercise, and the reasons for any disagreement.
    (b) Not a Limitation on Congressional Access to 
Information.--The exercise of authority by the Secretary 
described in subsection (a)(2) should not be construed as 
limiting the right of Congress or any committee of Congress to 
access any information it seeks.
    (c) Authority of Inspector General To Initiate, Conduct, 
and Supervise Audits and Investigations.--Subject to the 
conditions established in subsections (a) and (b), in carrying 
out the duties and responsibilities specified in this chapter, 
the Inspector General of the Department of Homeland Security 
may initiate, conduct, and supervise such audits and 
investigations in the Department of Homeland Security as the 
Inspector General considers appropriate.
    (d) Reports.--Any report required to be transmitted by the 
Secretary of Homeland Security to the appropriate committees or 
subcommittees of Congress under section 405(e) of this title 
shall be transmitted, within the 7-day period specified in 
section 405(e) of this title, to the President of the Senate, 
the Speaker of the House of Representatives, and appropriate 
committees and subcommittees of Congress.
    (e) Oversight Responsibility.--Notwithstanding any other 
provision of law, in carrying out the duties and 
responsibilities specified in this chapter, the Inspector 
General of the Department of Homeland Security shall have 
oversight responsibility for the internal investigations 
performed by the Office of Internal Affairs of the United 
States Customs Service, the Office of Inspections of the United 
States Secret Service, the Bureau of Border Security, and the 
Bureau of Citizenship and Immigration Services. The head of 
each such office or bureau shall promptly report to the 
Inspector General the significant activities being carried out 
by such office or bureau.
    (f) Designated Senior Official.--
          (1) In general.--The Inspector General of the 
        Department of Homeland Security shall designate a 
        senior official within the Office of Inspector General, 
        who shall be a career member of the civil service at 
        the equivalent to the GS--15 level or a career member 
        of the Senior Executive Service, to perform the 
        functions described in paragraph (2).
          (2) Functions.--The senior official designated under 
        paragraph (1) shall--
                  (A) coordinate the activities of the Office 
                of Inspector General with respect to 
                investigations of abuses of civil rights or 
                civil liberties;
                  (B) receive and review complaints and 
                information from any source alleging abuses of 
                civil rights and civil liberties by employees 
                or officials of the Department and employees or 
                officials of independent contractors or 
                grantees of the Department;
                  (C) initiate investigations of alleged abuses 
                of civil rights or civil liberties by employees 
                or officials of the Department and employees or 
                officials of independent contractors or 
                grantees of the Department;
                  (D) ensure that personnel within the Office 
                of Inspector General receive sufficient 
                training to conduct effective civil rights and 
                civil liberties investigations;
                  (E) consult with the Officer for Civil Rights 
                and Civil Liberties regarding--
                          (i) alleged abuses of civil rights or 
                        civil liberties; and
                          (ii) any policy recommendations 
                        regarding civil rights and civil 
                        liberties that may be founded upon an 
                        investigation by the Office of 
                        Inspector General;
                  (F) provide the Officer for Civil Rights and 
                Civil Liberties with information regarding the 
                outcome of investigations of alleged abuses of 
                civil rights and civil liberties;
                  (G) refer civil rights and civil liberties 
                matters that the Inspector General decides not 
                to investigate to the Officer for Civil Rights 
                and Civil Liberties;
                  (H) ensure that the Office of the Inspector 
                General publicizes and provides convenient 
                public access to information regarding--
                          (i) the procedure to file complaints 
                        or comments concerning civil rights and 
                        civil liberties matters; and
                          (ii) the status of corrective actions 
                        taken by the Department in response to 
                        Office of the Inspector General 
                        reports; and
                  (I) inform the Officer for Civil Rights and 
                Civil Liberties of any weaknesses, problems, 
                and deficiencies within the Department relating 
                to civil rights or civil liberties.

Sec. 418. Rule of Construction of Special Provisions

    The special provisions under section 408, 409, 410, 411, 
412, 413, 414, 416, or 421 of this title relate only to the 
establishment named in such section and no inference shall be 
drawn from the presence or absence of a provision in any such 
section with respect to an establishment not named in such 
section or with respect to a designated Federal entity as 
defined under section 415(a) of this title.

Sec. 419. Special Provisions Concerning Overseas Contingency Operations

    (a) Additional Responsibilities of Chair of Council of 
Inspectors General on Integrity and Efficiency.--The Chair of 
the Council of Inspectors General on Integrity and Efficiency 
(CIGIE) shall, in consultation with the members of the Council, 
have the additional responsibilities specified in subsection 
(b) with respect to the Inspectors General specified in 
subsection (c) upon the earlier of--
          (1) the commencement or designation of a military 
        operation as an overseas contingency operation that 
        exceeds 60 days; or
          (2) receipt of a notification under section 113(n) of 
        title 10 with respect to an overseas contingency 
        operation.
    (b) Specific Responsibilities.--The responsibilities 
specified in this subsection are the following:
          (1) Designate lead inspector general.--In 
        consultation with the Inspectors General specified in 
        subsection (c), to designate a lead Inspector General 
        in accordance with subsection (d) to discharge the 
        authorities of the lead Inspector General for the 
        overseas contingency operation concerned as set forth 
        in subsection (d).
          (2) Resolve conflicts of jurisdiction.--To resolve 
        conflicts of jurisdiction among the Inspectors General 
        specified in subsection (c) on investigations, 
        inspections, and audits with respect to such 
        contingency operation in accordance with subsection 
        (d)(2)(B).
          (3) Identify office personnel.--To assist in 
        identifying for the lead inspector general for such 
        contingency operation, Inspectors General and inspector 
        general office personnel available to assist the lead 
        Inspector General and the other Inspectors General 
        specified in subsection (c) on matters relating to such 
        contingency operation.
    (c) Inspectors General.--The Inspectors General specified 
in this subsection are the Inspectors General as follows:
          (1) The Inspector General of the Department of 
        Defense.
          (2) The Inspector General of the Department of State.
          (3) The Inspector General of the United States Agency 
        for International Development.
    (d) Lead Inspector General for Overseas Contingency 
Operation.--
          (1) Designation.--A lead Inspector General for an 
        overseas contingency operation shall be designated by 
        the Chair of the Council of Inspectors General on 
        Integrity and Efficiency under subsection (b)(1) not 
        later than 30 days after the earlier of--
                  (A) the commencement or designation of the 
                military operation concerned as an overeas 
                contingency operation that exceeds 60 days; or
                  (B) receipt of a notification under section 
                113(n) of title 10 with respect to an overseas 
                contingency operation.
        The lead Inspector General for a contingency operation 
        shall be designated from among the Inspectors General 
        specified in subsection (c).
          (2) Responsibilities.--The lead Inspector General for 
        an overseas contingency operation shall have the 
        following responsibilities:
                  (A) Appoint associate inspector general.--To 
                appoint, from among the offices of the other 
                Inspectors General specified in subsection (c), 
                an Inspector General to act as associate 
                Inspector General for the contingency operation 
                who shall act in a coordinating role to assist 
                the lead Inspector General in the discharge of 
                responsibilities under this subsection.
                  (B) Strategic plan to conduct comprehensive 
                oversight.--To develop and carry out, in 
                coordination with the offices of the other 
                Inspectors General specified in subsection (c), 
                a joint strategic plan to conduct comprehensive 
                oversight over all aspects of the contingency 
                operation and to ensure through either joint or 
                individual audits, inspections, and 
                investigations, independent and effective 
                oversight of all programs and operations of the 
                Federal Government in support of the 
                contingency operation.
                  (C) Accuracy of information.--To review and 
                ascertain the accuracy of information provided 
                by Federal agencies relating to obligations and 
                expenditures, costs of programs and projects, 
                accountability of funds, and the award and 
                execution of major contracts, grants, and 
                agreements in support of the contingency 
                operation.
                  (D) Jurisdictional matters.--
                          (i) No inspector general with 
                        principal jurisdiction.--If none of the 
                        Inspectors General specified in 
                        subsection (c) has principal 
                        jurisdiction over a matter with respect 
                        to the contingency operation, to 
                        identify and coordinate with the 
                        Inspector General who has principal 
                        jurisdiction over the matter to ensure 
                        effective oversight.
                          (ii) More than one inspector general 
                        with jurisdiction.--If more than one of 
                        the Inspectors General specified in 
                        subsection (c) has jurisdiction over a 
                        matter with respect to the contingency 
                        operation, to determine principal 
                        jurisdiction for discharging oversight 
                        responsibilities in accordance with 
                        this chapter with respect to such 
                        matter.
                          (iii) Investigations.--
                                  (I) Request by inspector 
                                general with principal 
                                jurisdiction.--Upon written 
                                request by the Inspector 
                                General with principal 
                                jurisdiction over a matter with 
                                respect to the contingency 
                                operation, and with the 
                                approval of the lead Inspector 
                                General, an Inspector General 
                                specified in subsection (c) may 
                                provide investigative support 
                                or conduct an independent 
                                investigation of an allegation 
                                of criminal activity by any 
                                United States personnel, 
                                contractor, subcontractor, 
                                grantee, or vendor in the 
                                applicable theater of 
                                operations.
                                  (II) No inspector general 
                                with principal jurisdiction.--
                                In the case of a determination 
                                by the lead Inspector General 
                                that no Inspector General has 
                                principal jurisdiction over a 
                                matter with respect to the 
                                contingency operation, the lead 
                                Inspector General may--
                                          (aa) conduct an 
                                        independent 
                                        investigation of an 
                                        allegation described in 
                                        subclause (I); or
                                          (bb) request that an 
                                        Inspector General 
                                        specified in subsection 
                                        (c) conduct such 
                                        investigation.
                  (E) Personnel.--To employ, or authorize the 
                employment by the other Inspectors General 
                specified in subsection (c), on a temporary 
                basis using the authorities in section 3161 of 
                this title (without regard to subsection (b)(2) 
                of that section), such auditors, investigators, 
                and other personnel as the lead Inspector 
                General considers appropriate to assist the 
                lead Inspector General and such other 
                Inspectors General on matters relating to the 
                contingency operation.
                  (F) Report on activity.--To submit to 
                Congress on a bi- annual basis, and to make 
                available on an internet website available to 
                the public, a report on the activities of the 
                lead Inspector General and the other Inspectors 
                General specified in subsection (c) with 
                respect to the contingency operation, 
                including--
                          (i) the status and results of 
                        investigations, inspections, and audits 
                        and of referrals to the Department of 
                        Justice; and
                          (ii) overall plans for the review of 
                        the contingency operation by inspectors 
                        general, including plans for 
                        investigations, inspections, and 
                        audits.
                  (G) report on contingency operation.--To 
                submit to Congress on a quarterly basis, and to 
                make available on an Internet website available 
                to the public, a report on the contingency 
                operation.
                  (H) Other responsibilities.--To carry out 
                such other responsibilities relating to the 
                coordination and efficient and effective 
                discharge by the Inspectors General specified 
                in subsection (c) of duties relating to the 
                contingency operation as the lead Inspector 
                General shall specify.
                  (I) Enhancing cooperation.--To enhance 
                cooperation among Inspectors General and 
                encourage comprehensive oversight of the 
                contingency operation, any Inspector General 
                responsible for conducting oversight of any 
                program or operation performed in support of 
                the contingency operation may, to the maximum 
                extent practicable and consistent with the 
                duties, responsibilities, policies, and 
                procedures of that Inspector General--
                          (i) coordinate such oversight 
                        activities with the lead Inspector 
                        General; and
                          (ii) provide information requested by 
                        the lead Inspector General relating to 
                        the responsibilities of the lead 
                        Inspector General described in 
                        subparagraphs (B), (C), and (G).
          (3) Employment of annuitants.--
                  (A) In general.--The lead Inspector General 
                for an overseas contingency operation may 
                employ, or authorize the employment by the 
                other Inspectors General specified in 
                subsection (c) of, annuitants covered by 
                section 9902(g) of this title, for purposes of 
                assisting the lead Inspector General in 
                discharging responsibilities under this 
                subsection with respect to the contingency 
                operation.
                  (B) Deemed department of defense.--The 
                employment of annuitants under this paragraph 
                shall be subject to the provisions of section 
                9902(g) of this title as if the lead Inspector 
                General concerned was the Department of 
                Defense.
                  (C) Foreign service annuitants.--
                          (i) Continuance of annuity.--An 
                        annuitant receiving an annuity under 
                        the Foreign Service Retirement and 
                        Disability System or the Foreign 
                        Service Pension System under chapter 8 
                        of title I of the Foreign Service Act 
                        of 1980 (22 U.S.C. 4041 et seq.) who is 
                        reemployed under this subsection--
                                  (I) shall continue to receive 
                                the annuity; and
                                  (II) shall not be considered 
                                a participant for purposes of 
                                chapter 8 of title I of the 
                                Foreign Service Act of 1980 (22 
                                U.S.C. 4041 et seq.) or an 
                                employee for purposes of 
                                subchapter III of chapter 83 or 
                                chapter 84 of this title.
                          (ii) Election regarding 
                        reemployment.--An annuitant described 
                        in clause (i) may elect in writing for 
                        the reemployment of the annuitant under 
                        this subsection to be subject to 
                        section 824 of the Foreign Service Act 
                        of 1980 (22 U.S.C. 4064). A reemployed 
                        annuitant shall make an election under 
                        this clause not later than 90 days 
                        after the date of the reemployment of 
                        the annuitant.
          (4) Discharge of responsibilities in accordance with 
        chapter.--The lead Inspector General for an overseas 
        contingency operation shall discharge the 
        responsibilities for the contingency operation under 
        this subsection in a manner consistent with the 
        authorities and requirements of this chapter generally 
        and the authorities and requirements applicable to the 
        Inspectors General specified in subsection (c) under 
        this chapter.
          (5) Competitive status for appointment.--
                  (A) In general.--A person employed by a lead 
                Inspector General for an overseas contingency 
                operation under this section shall acquire 
                competitive status for appointment to any 
                position in the competitive service for which 
                the employee possesses the required 
                qualifications upon the completion of 2 years 
                of continuous service as an employee under this 
                section.
                  (B) Limitation.--No person who is first 
                employed as described in subparagraph (A) more 
                than 2 years after December 19, 2019, may 
                acquire competitive status under subparagraph 
                (A).
    (e) Sunset for Particular Contingency Operations.--The 
requirements and authorities of this section with respect to an 
overseas contingency operation shall cease at the end of the 
first fiscal year after the commencement or designation of the 
contingency operation in which the total amount appropriated 
for the contingency operation is less than $100,000,000.
    (f) Construction of Authority.--Nothing in this section 
shall be construed to limit the ability of the Inspectors 
General specified in subsection (c) to enter into agreements to 
conduct joint audits, inspections, or investigations in the 
exercise of their oversight responsibilities in accordance with 
this chapter with respect to overseas contingency operations.

Sec. 420. Information on Websites of Offices of Inspectors General

    (a) Direct Links To Inspectors General Offices.--
          (1) In general.--Each Federal agency and designated 
        Federal entity shall establish and maintain on the 
        homepage of the website of that Federal agency or 
        designated Federal entity, a direct link to the website 
        of the Office of the Inspector General of that Federal 
        agency or designated Federal entity.
          (2) Accessibility.--The direct link under paragraph 
        (1) shall be obvious and facilitate accessibility to 
        the website of the Office of the Inspector General.
    (b) Requirements for Inspectors General Websites.--
          (1) Posting of reports and audits.--The Inspector 
        General of each Federal agency and designated Federal 
        entity shall--
                  (A) not later than 3 days after any audit 
                report, inspection report, or evaluation report 
                (or portion of any such report) is submitted in 
                final form to the head of the Federal agency or 
                the head of the designated Federal entity, as 
                applicable, post that report (or portion of 
                that report) on the website of the Office of 
                Inspector General; and
                  (B) ensure that any posted report (or portion 
                of that report) described under subparagraph 
                (A)--
                          (i) is easily accessible from a 
                        direct link on the homepage of the 
                        website of the Office of the Inspector 
                        General;
                          (ii) includes a summary of the 
                        findings of the Inspector General; and
                          (iii) is in a format that--
                                  (I) is searchable and 
                                downloadable; and
                                  (II) facilitates printing by 
                                individuals of the public 
                                accessing the website.
          (2) Reporting of fraud, waste, and abuse.--
                  (A) In general.--The Inspector General of 
                each Federal agency and designated Federal 
                entity shall establish and maintain a direct 
                link on the homepage of the website of the 
                Office of the Inspector General for individuals 
                to report fraud, waste, and abuse. Individuals 
                reporting fraud, waste, or abuse using the 
                direct link established under this paragraph 
                shall not be required to provide personally 
                identifying information relating to that 
                individual.
                  (B) Anonymity.--The Inspector General of each 
                Federal agency and designated Federal entity 
                shall not disclose the identity of any 
                individual making a report under this paragraph 
                without the consent of the individual unless 
                the Inspector General determines that such a 
                disclosure is unavoidable during the course of 
                the investigation.
          (3) Rule of construction.--Nothing in this subsection 
        shall be construed as authorizing an Inspector General 
        to publicly disclose information otherwise prohibited 
        from disclosure by law.
    (c) Definitions.--In this section, the terms ``designated 
Federal entity'' and ``head of the designated Federal entity'' 
have the meanings given those terms in section 415(a) of this 
title.

Sec. 421. Additional Provisions With Respect to the Department of 
                    Energy

    (a) Authority To Prohibit Access to Certain Materials.--The 
Secretary of Energy may prohibit the Inspector General of the 
Department of Energy from accessing Restricted Data and nuclear 
safeguards information protected from disclosure under chapter 
12 of the Atomic Energy Act of 1954 (42 U.S.C. 2161 et seq.) 
and intelligence or counterintelligence, as defined in section 
3 of the National Security Act of 1947 (50 U.S.C. 3003), if the 
Secretary of Energy determines that the prohibition is 
necessary to protect the national security or prevent the 
significant impairment to the national security interests of 
the United States.
    (b) Notification to Inspector General and Statement to 
Congress.--Not later than 7 days after the date on which the 
Secretary of Energy exercises any power authorized under 
subsection (a), the Secretary shall notify the Inspector 
General of the Department of Energy in writing of the reasons 
for such exercise. Within 30 days after receipt of any such 
notice, the Inspector General of the Department of Energy shall 
submit to the appropriate committees of Congress a statement 
concerning such exercise.

Sec. 422. Transfer of Functions

    (a) In General.--There shall be transferred--
          (1) to the Office of Inspector General--
                  (A) of the Department of Agriculture, the 
                offices of that department referred to as the 
                ``Office of Investigation'' and the ``Office of 
                Audit'';
                  (B) of the Department of Commerce, the 
                offices of that department referred to as the 
                ``Office of Audits'' and the ``Investigations 
                and Inspections Staff'' and that portion of the 
                office referred to as the ``Office of 
                Investigations and Security'' which has 
                responsibility for investigation of alleged 
                criminal violations and program abuse;
                  (C) of the Department of Defense, the offices 
                of that department referred to as the ``Defense 
                Audit Service'' and the ``Office of Inspector 
                General, Defense Logistics Agency'', and that 
                portion of the office of that department 
                referred to as the ``Defense Investigative 
                Service'' which has responsibility for the 
                investigation of alleged criminal violations;
                  (D) of the Department of Education, all 
                functions of the Inspector General of Health, 
                Education, and Welfare or of the Office of 
                Inspector General of Health, Education, and 
                Welfare relating to functions transferred by 
                section 301 of the Department of Education 
                Organization Act (20 U.S.C. 3441);
                  (E) of the Department of Energy, the Office 
                of Inspector General (as established by section 
                208 of the Department of Energy Organization 
                Act);
                  (F) of the Department of Health and Human 
                Services, the Office of Inspector General (as 
                established by title II of Public Law 94-505);
                  (G) of the Department of Housing and Urban 
                Development, the office of that department 
                referred to as the ``Office of Inspector 
                General'';
                  (H) of the Department of the Interior, the 
                office of that department referred to as the 
                ``Office of Audit and Investigation'';
                  (I) of the Department of Justice--
                          (i) the offices of that Department 
                        referred to as--
                                  (I) the ``Audit Staff, 
                                Justice Management Division'';
                                  (II) the ``Policy and 
                                Procedures Branch, Office of 
                                the Comptroller, Immigration 
                                and Naturalization Service'', 
                                the ``Office of Professional 
                                Responsibility, Immigration and 
                                Naturalization Service'', and 
                                the ``Office of Program 
                                Inspections, Immigration and 
                                Naturalization Service'';
                                  (III) the ``Office of 
                                Internal Inspection, United 
                                States Marshals Service''; and
                                  (IV) the ``Financial Audit 
                                Section, Office of Financial 
                                Management, Bureau of Prisons'' 
                                and the ``Office of 
                                Inspections, Bureau of 
                                Prisons''; and
                          (ii) from the Drug Enforcement 
                        Administration, that portion of the 
                        ``Office of Inspections'' which is 
                        engaged in internal audit activities, 
                        and that portion of the ``Office of 
                        Planning and Evaluation'' which is 
                        engaged in program review activities;
                  (J) of the Department of Labor, the office of 
                that department referred to as the ``Office of 
                Special Investigations'';
                  (K) of the Department of Transportation, the 
                offices of that department referred to as the 
                ``Office of Investigations and Security'' and 
                the ``Office of Audit'' of the Department, the 
                ``Offices of Investigations and Security, 
                Federal Aviation Administration'', and 
                ``External Audit Divisions, Federal Aviation 
                Administration'', the ``Investigations Division 
                and the External Audit Division of the Office 
                of Program Review and Investigation, Federal 
                Highway Administration'', and the ``Office of 
                Program Audits, Federal Transit 
                Administration'';
                  (L) (i) of the Department of the Treasury, 
                the office of that department referred to as 
                the ``Office of Inspector General'', and, 
                notwithstanding any other provision of law, 
                that portion of each of the offices of that 
                department referred to as the ``Office of 
                Internal Affairs, Tax and Trade Bureau'', the 
                ``Office of Internal Affairs, United States 
                Customs Service'', and the ``Office of 
                Inspections, United States Secret Service'' 
                which is engaged in internal audit activities; 
                and
                  (ii) of the Treasury Inspector General for 
                Tax Administration, effective 180 days after 
                July 22, 1998, the Office of Chief Inspector of 
                the Internal Revenue Service;
                  (M) of the Environmental Protection Agency, 
                the offices of that agency referred to as the 
                ``Office of Audit'' and the ``Security and 
                Inspection Division'';
                  (N) of the Federal Emergency Management 
                Agency, the office of that agency referred to 
                as the ``Office of Inspector General'';
                  (O) of the General Services Administration, 
                the offices of that agency referred to as the 
                ``Office of Audits'' and the ``Office of 
                Investigations'';
                  (P) of the National Aeronautics and Space 
                Administration, the offices of that agency 
                referred to as the ``Management Audit Office'' 
                and the ``Office of Inspections and Security'';
                  (Q) of the Nuclear Regulatory Commission, the 
                office of that commission referred to as the 
                ``Office of Inspector and Auditor'';
                  (R) of the Office of Personnel Management, 
                the offices of that agency referred to as the 
                ``Office of Inspector General'', the 
                ``Insurance Audits Division, Retirement and 
                Insurance Group'', and the ``Analysis and 
                Evaluation Division, Administration Group'';
                  (S) of the Railroad Retirement Board, the 
                Office of Inspector General (as established by 
                section 23 of the Railroad Retirement Act of 
                1974);
                  (T) of the Small Business Administration, the 
                office of that agency referred to as the 
                ``Office of Audits and Investigations'';
                  (U) of the Department of Veterans Affairs, 
                the offices of that department referred to as 
                the ``Office of Audits'' and the ``Office of 
                Investigations'';
                  (V) of the Corporation for National and 
                Community Service, the Office of Inspector 
                General of ACTION; and
                  (W) of the Social Security Administration, 
                the functions of the Inspector General of the 
                Department of Health and Human Services which 
                are transferred to the Social Security 
                Administration by the Social Security 
                Independence and Program Improvements Act of 
                1994 (other than functions performed pursuant 
                to section 105(a)(2) of such Act), except that 
                such transfers shall be made in accordance with 
                the provisions of such Act and shall not be 
                subject to subsections (b) through (d) of this 
                section; and
          (2) to the Office of the Inspector General, such 
        other offices or agencies, or functions, powers, or 
        duties thereof, as the head of the establishment 
        involved may determine are properly related to the 
        functions of the Office and would, if so transferred, 
        further the purposes of this chapter,
except that there shall not be transferred to an Inspector 
General under paragraph (2) program operating responsibilities.
    (b) Related Transfers.--The personnel, assets, liabilities, 
contracts, property, records, and unexpended balances of 
appropriations, authorizations, allocations, and other funds 
employed, held, used, arising from, available or to be made 
available, of any office or agency the functions, powers, and 
duties of which are transferred under subsection (a) are hereby 
transferred to the applicable Office of Inspector General.
    (c) Personnel.--Personnel transferred pursuant to 
subsection (b) shall be transferred in accordance with 
applicable laws and regulations relating to the transfer of 
functions except that the classification and compensation of 
such personnel shall not be reduced for one year after such 
transfer.
    (d) Lapse of Office or Agency and Compensation for 
Transferred Positions With Comparable Duties.--In any case in 
which all the functions, powers, and duties of any office or 
agency are transferred pursuant to this subsection, such office 
or agency shall lapse. Any person who, on October 1, 1978, held 
a position compensated in accordance with the General Schedule, 
and who, without a break in service, is appointed in an Office 
of Inspector General to a position having duties comparable to 
those performed immediately preceding such appointment shall 
continue to be compensated in the new position at not less than 
the rate provided for the previous position, for the duration 
of service in the new position.

Sec. 423. Pay of Inspectors General

    (a) Certain Inspectors General.--
          (1) In general.--Notwithstanding any other provision 
        of law, the annual rate of basic pay of the Inspector 
        General of the Intelligence Community, the Inspector 
        General of the Central Intelligence Agency, and the 
        Special Inspector General for Afghanistan 
        Reconstruction shall be that of an Inspector General as 
        defined under section 401 of this title.
          (2) Prohibition of cash bonus or awards.--Section 
        403(f) of this title shall apply to the Inspectors 
        General described under paragraph (1).
    (b) Inspectors General of Designated Federal Entities.--
Notwithstanding any other provision of law, the Inspector 
General of each designated Federal entity (as those terms are 
defined under section 415(a) of this title) shall, for pay and 
all other purposes, be classified at a grade, level, or rank 
designation, as the case may be, at or above those of a 
majority of the senior level executives of that designated 
Federal entity (such as a General Counsel, Chief Information 
Officer, Chief Financial Officer, Chief Human Capital Officer, 
or Chief Acquisition Officer). The pay of an Inspector General 
of a designated Federal entity (as those terms are defined 
under section 415(a) of this title) shall be not less than the 
average total compensation (including bonuses) of the senior 
level executives of that designated Federal entity calculated 
on an annual basis.
    (c) Savings Provision for Newly Appointed Inspectors 
General.--
          (1) In general.--The provisions of section 3392 of 
        this title, other than the terms ``performance awards'' 
        and ``awarding of ranks'' in subsection (c)(1) of that 
        section, shall apply to career appointees of the Senior 
        Executive Service who are appointed to the position of 
        Inspector General.
          (2) Nonreduction in pay.--Notwithstanding any other 
        provision of law, career Federal employees serving on 
        an appointment made pursuant to statutory authority 
        found other than in section 3392 of this title shall 
        not suffer a reduction in pay, not including any bonus 
        or performance award, as a result of being appointed to 
        the position of Inspector General.

Sec. 424. Establishment of the Council of the Inspectors General on 
                    Integrity and Efficiency

    (a) Establishment and Mission.--
          (1) Establishment.--There is established as an 
        independent entity within the executive branch the 
        Council of the Inspectors General on Integrity and 
        Efficiency (in this section referred to as the 
        ``Council'').
          (2) Mission.--The mission of the Council shall be 
        to--
                  (A) address integrity, economy, and 
                effectiveness issues that transcend individual 
                Government agencies; and
                  (B) increase the professionalism and 
                effectiveness of personnel by developing 
                policies, standards, and approaches to aid in 
                the establishment of a well-trained and highly 
                skilled workforce in the offices of the 
                Inspectors General.
      (b) Membership.--
          (1) In general.--The Council shall consist of the 
        following members:
                  (A) All Inspectors General whose offices are 
                established under--
                          (i) section 402 of this title; or
                          (ii) section 415 of this title.
                  (B) The Inspectors General of the 
                Intelligence Community and the Central 
                Intelligence Agency.
                  (C) The Controller of the Office of Federal 
                Financial Management.
                  (D) A senior level official of the Federal 
                Bureau of Investigation designated by the 
                Director of the Federal Bureau of 
                Investigation.
                  (E) The Director of the Office of Government 
                Ethics.
                  (F) The Special Counsel of the Office of 
                Special Counsel.
                  (G) The Deputy Director of the Office of 
                Personnel Management.
                  (H) The Deputy Director for Management of the 
                Office of Management and Budget.
                  (I) The Inspectors General of the Library of 
                Congress, Capitol Police, Government Publishing 
                Office, Government Accountability Office, and 
                the Architect of the Capitol.
          (2) Chairperson and executive chairperson.--
                  (A) Executive chairperson.--The Deputy 
                Director for Management of the Office of 
                Management and Budget shall be the Executive 
                Chairperson of the Council.
                  (B) Chairperson.--The Council shall elect 1 
                of the Inspectors General referred to in 
                paragraph (1)(A) or (B) to act as Chairperson 
                of the Council. The term of office of the 
                Chairperson shall be 2 years.
          (3) Functions of chairperson and executive 
        chairperson.--
                  (A) Executive chairperson.--The Executive 
                Chairperson shall--
                          (i) preside over meetings of the 
                        Council;
                          (ii) provide to the heads of agencies 
                        and entities represented on the Council 
                        summary reports of the activities of 
                        the Council; and
                          (iii) provide to the Council such 
                        information relating to the agencies 
                        and entities represented on the Council 
                        as assists the Council in performing 
                        its functions.
                  (B) Chairperson.--The Chairperson shall--
                          (i) convene meetings of the Council--
                                  (I) at least 6 times each 
                                year;
                                  (II) monthly to the extent 
                                possible; and
                                  (III) more frequently at the 
                                discretion of the Chairperson;
                          (ii) carry out the functions and 
                        duties of the Council under subsection 
                        (c);
                          (iii) appoint a Vice Chairperson to 
                        assist in carrying out the functions of 
                        the Council and act in the absence of 
                        the Chairperson, from a category of 
                        Inspectors General described in 
                        subparagraph (A)(i), (A)(ii), or (B) of 
                        paragraph (1), other than the category 
                        from which the Chairperson was elected;
                          (iv) make such payments from funds 
                        otherwise available to the Council as 
                        may be necessary to carry out the 
                        functions of the Council;
                          (v) select, appoint, and employ 
                        personnel as needed to carry out the 
                        functions of the Council subject to the 
                        provisions of this title governing 
                        appointments in the competitive 
                        service, and the provisions of chapter 
                        51 and subchapter III of chapter 53 of 
                        this title, relating to classification 
                        and General Schedule pay rates;
                          (vi) to the extent and in such 
                        amounts as may be provided in advance 
                        by appropriations Acts, made available 
                        from the revolving fund established 
                        under subsection (c)(3)(B), or as 
                        otherwise provided by law, enter into 
                        contracts and other arrangements with 
                        public agencies and private persons to 
                        carry out the functions and duties of 
                        the Council;
                          (vii) establish, in consultation with 
                        the members of the Council, such 
                        committees as determined by the 
                        Chairperson to be necessary and 
                        appropriate for the efficient conduct 
                        of Council functions; and
                          (viii) prepare and transmit an annual 
                        report on behalf of the Council on the 
                        activities of the Council to--
                                  (I) the President;
                                  (II) the appropriate 
                                committees of jurisdiction of 
                                the Senate and the House of 
                                Representatives;
                                  (III) the Committee on 
                                Homeland Security and 
                                Governmental Affairs of the 
                                Senate; and
                                  (IV) the Committee on 
                                Oversight and Reform of the 
                                House of Representatives.
    (c) Functions and Duties of Council.--
          (1) In general.--The Council shall--
                  (A) continually identify, review, and discuss 
                areas of weakness and vulnerability in Federal 
                programs and operations with respect to fraud, 
                waste, and abuse;
                  (B) develop plans for coordinated, 
                Governmentwide activities that address these 
                problems and promote economy and efficiency in 
                Federal programs and operations, including 
                interagency and interentity audit, 
                investigation, inspection, and evaluation 
                programs and projects to deal efficiently and 
                effectively with those problems concerning 
                fraud and waste that exceed the capability or 
                jurisdiction of an individual agency or entity;
                  (C) develop policies that will aid in the 
                maintenance of a corps of well-trained and 
                highly skilled Office of Inspector General 
                personnel;
                  (D) maintain an Internet website and other 
                electronic systems for the benefit of all 
                Inspectors General, as the Council determines 
                are necessary or desirable;
                  (E) maintain 1 or more academies as the 
                Council considers desirable for the 
                professional training of auditors, 
                investigators, inspectors, evaluators, and 
                other personnel of the various offices of 
                Inspector General;
                  (F) submit recommendations of individuals to 
                the appropriate appointing authority for any 
                appointment to an office of Inspector General 
                described under subsection (b)(1)(A) or (B);
                  (G) make such reports to Congress as the 
                Chairperson determines are necessary or 
                appropriate;
                  (H) except for matters coordinated among 
                Inspectors General under section 103H of the 
                National Security Act of 1947 (50 U.S.C. 3033), 
                receive, review, and mediate any disputes 
                submitted in writing to the Council by an 
                Office of Inspector General regarding an audit, 
                investigation, inspection, evaluation, or 
                project that involves the jurisdiction of more 
                than one Office of Inspector General; and
                  (I) perform other duties within the authority 
                and jurisdiction of the Council, as 
                appropriate.
          (2) Adherence and participation by members.--To the 
        extent permitted under law, and to the extent not 
        inconsistent with standards established by the 
        Comptroller General of the United States for audits of 
        Federal establishments, organizations, programs, 
        activities, and functions, each member of the Council, 
        as appropriate, shall--
                  (A) adhere to professional standards 
                developed by the Council; and
                  (B) participate in the plans, programs, and 
                projects of the Council, except that in the 
                case of a member described under subsection 
                (b)(1)(I), the member shall participate only to 
                the extent requested by the member and approved 
                by the Executive Chairperson and Chairperson.
          (3) Additional administrative authorities.--
                  (A) Interagency funding.--Notwithstanding 
                section 1532 of title 31, or any other 
                provision of law prohibiting the interagency 
                funding of activities described under subclause 
                (I), (II), or (III) of clause (i), in the 
                performance of the responsibilities, 
                authorities, and duties of the Council--
                          (i) the Executive Chairperson may 
                        authorize the use of interagency 
                        funding for--
                                  (I) Governmentwide training 
                                of employees of the Offices of 
                                the Inspectors General;
                                  (II) the functions of the 
                                Integrity Committee of the 
                                Council; and
                                  (III) any other authorized 
                                purpose determined by the 
                                Council; and
                          (ii) upon the authorization of the 
                        Executive Chairperson, any Federal 
                        agency or designated Federal entity (as 
                        defined in section 415(a) of this 
                        title) which has a member on the 
                        Council shall fund or participate in 
                        the funding of such activities.
                  (B) Revolving fund.--
                          (i) In general.--The Council may--
                                  (I) establish in the Treasury 
                                of the United States a 
                                revolving fund to be called the 
                                Inspectors General Council 
                                Fund; or
                                  (II) enter into an 
                                arrangement with a department 
                                or agency to use an existing 
                                revolving fund.
                          (ii) Amounts in revolving fund.--
                                  (I) In general.--Amounts 
                                transferred to the Council 
                                under this subsection shall be 
                                deposited in the revolving fund 
                                described under clause (i)(I) 
                                or (II).
                                  (II) Training.--Any remaining 
                                unexpended balances 
                                appropriated for or otherwise 
                                available to the Inspectors 
                                General Criminal Investigator 
                                Academy and the Inspectors 
                                General Auditor Training 
                                Institute shall be transferred 
                                to the revolving fund described 
                                under clause (i)(I) or (II).
                          (iii) Use of revolving fund.--
                                  (I) In general.--Except as 
                                provided under subclause (II), 
                                amounts in the revolving fund 
                                described under clause (i)(I) 
                                or (II) may be used to carry 
                                out the functions and duties of 
                                the Council under this 
                                subsection.
                                  (II) Training.--Amounts 
                                transferred into the revolving 
                                fund described under clause 
                                (i)(I) or (II) may be used for 
                                the purpose of maintaining any 
                                training academy as determined 
                                by the Council.
                          (iv) Availability of funds.--Amounts 
                        in the revolving fund described under 
                        clause (i)(I) or (II) shall remain 
                        available to the Council without fiscal 
                        year limitation.
                  (C) Superseding provisions.--No provision of 
                law enacted after October 14, 2008, shall be 
                construed to limit or supersede any authority 
                under subparagraph (A) or (B), unless such 
                provision makes specific reference to the 
                authority in that subparagraph.
          (4) Existing authorities and responsibilities.--The 
        establishment and operation of the Council shall not 
        affect--
                  (A) the role of the Department of Justice in 
                law enforcement and litigation;
                  (B) the authority or responsibilities of any 
                Government agency or entity; and
                  (C) the authority or responsibilities of 
                individual members of the Council.
          (5) Additional responsibilities relating to 
        whistleblower protection.--The Council shall--
                  (A) facilitate the work of the Whistleblower 
                Protection Coordinators designated under 
                section 403(d)(1)(C) of this title; and
                  (B) in consultation with the Office of 
                Special Counsel and Whistleblower Protection 
                Coordinators from the member offices of the 
                Inspector General, develop best practices for 
                coordination and communication in promoting the 
                timely and appropriate handling and 
                consideration of protected disclosures, 
                allegations of reprisal, and general matters 
                regarding the implementation and administration 
                of whistleblower protection laws, in accordance 
                with Federal law.
    (d) Integrity Committee.--
          (1) Establishment.--The Council shall have an 
        Integrity Committee, which shall receive, review, and 
        refer for investigation allegations of wrongdoing that 
        are made against Inspectors General and staff members 
        of the various Offices of Inspector General described 
        under paragraph (4)(C).
          (2) Membership.--
                  (A) In general.--The Integrity Committee 
                shall consist of the following members:
                          (i) The official of the Federal 
                        Bureau of Investigation serving on the 
                        Council.
                          (ii) Four Inspectors General 
                        described in subparagraph (A) or (B) of 
                        subsection (b)(1) appointed by the 
                        Chairperson of the Council, 
                        representing both establishments and 
                        designated Federal entities (as that 
                        term is defined in section 415(a) of 
                        this title).
                          (iii) The Director of the Office of 
                        Government Ethics or the designee of 
                        the Director.
                  (B) Chairperson.--
                          (i) In general.--The Integrity 
                        Committee shall elect one of the 
                        Inspectors General referred to in 
                        subparagraph (A)(ii) to act as 
                        Chairperson of the Integrity Committee.
                          (ii) Term.--The term of office of the 
                        Chairperson of the Integrity Committee 
                        shall be 2 years.
          (3) Legal advisor.--The Chief of the Public Integrity 
        Section of the Criminal Division of the Department of 
        Justice, or the Chief's designee, shall serve as a 
        legal advisor to the Integrity Committee.
          (4) Referral of allegations.--
                  (A) Definition of staff member.--In this 
                paragraph, the term ``staff member'' means any 
                employee of an Office of Inspector General 
                who--
                          (i) reports directly to an Inspector 
                        General; or
                          (ii) is designated by an Inspector 
                        General under subparagraph (C).
                  (B) Requirement.--An Inspector General shall 
                refer to the Integrity Committee any allegation 
                of wrongdoing against a staff member of the 
                office of that Inspector General, if--
                          (i) review of the substance of the 
                        allegation cannot be assigned to an 
                        agency of the executive branch with 
                        appropriate jurisdiction over the 
                        matter; and
                          (ii) the Inspector General determines 
                        that--
                                  (I) an objective internal 
                                investigation of the allegation 
                                is not feasible; or
                                  (II) an internal 
                                investigation of the allegation 
                                may appear not to be objective.
                  (C) Designation of staff members.--Each 
                Inspector General shall annually submit to the 
                Chairperson of the Integrity Committee a 
                designation of positions whose holders are 
                staff members for purposes of subparagraph (A).
          (5) Review of allegations.--
                  (A) In general.--Not later than 7 days after 
                the date on which the Integrity Committee 
                receives an allegation of wrongdoing against an 
                Inspector General or against a staff member of 
                an Office of Inspector General described under 
                paragraph (4)(C), the allegation of wrongdoing 
                shall be reviewed and referred to the 
                Department of Justice or the Office of Special 
                Counsel for investigation, or to the Integrity 
                Committee for review, as appropriate, by--
                          (i) a representative of the 
                        Department of Justice, as designated by 
                        the Attorney General;
                          (ii) a representative of the Office 
                        of Special Counsel, as designated by 
                        the Special Counsel; and
                          (iii) a representative of the 
                        Integrity Committee, as designated by 
                        the Chairperson of the Integrity 
                        Committee.
                  (B) Referral to the chairperson.--
                          (i) In general.--Except as provided 
                        in clause (ii), not later than 30 days 
                        after the date on which an allegation 
                        of wrongdoing is referred to the 
                        Integrity Committee under subparagraph 
                        (A), the Integrity Committee shall 
                        determine whether to refer the 
                        allegation of wrongdoing to the 
                        Chairperson of the Integrity Committee 
                        to initiate an investigation.
                          (ii) Extension.--The 30-day period 
                        described in clause (i) may be extended 
                        for an additional period of 30 days if 
                        the Integrity Committee provides 
                        written notice to the congressional 
                        committees described in paragraph 
                        (8)(A)(iii) that includes a detailed, 
                        case-specific description of why the 
                        additional time is needed to evaluate 
                        the allegation of wrongdoing.
          (6) Authority to investigate allegations.--
                  (A) Requirement.--The Chairperson of the 
                Integrity Committee shall cause a thorough and 
                timely investigation of each allegation 
                referred under paragraph (5)(B) to be conducted 
                in accordance with this paragraph.
                  (B) Resources.--At the request of the 
                Chairperson of the Integrity Committee, the 
                head of each agency or entity represented on 
                the Council--
                          (i) shall provide assistance 
                        necessary to the Integrity Committee; 
                        and
                          (ii) may detail employees from that 
                        agency or entity to the Integrity 
                        Committee, subject to the control and 
                        direction of the Chairperson, to 
                        conduct an investigation under this 
                        subsection.
          (7) Procedures for investigations.--
                  (A) Standards applicable.--Investigations 
                initiated under this subsection shall be 
                conducted in accordance with the most current 
                Quality Standards for Investigations issued by 
                the Council or by its predecessors (the 
                President's Council on Integrity and Efficiency 
                and the Executive Council on Integrity and 
                Efficiency).
                  (B) Additional policies and procedures.--
                          (i) Establishment.--The Integrity 
                        Committee, in conjunction with the 
                        Chairperson of the Council, shall 
                        establish additional policies and 
                        procedures necessary to ensure fairness 
                        and consistency in--
                                  (I) determining whether to 
                                initiate an investigation;
                                  (II) conducting 
                                investigations;
                                  (III) reporting the results 
                                of an investigation;
                                  (IV) providing the person who 
                                is the subject of an 
                                investigation with an 
                                opportunity to respond to any 
                                Integrity Committee report;
                                  (V) except as provided in 
                                clause (ii), ensuring, to the 
                                extent possible, that 
                                investigations are conducted by 
                                Offices of Inspector General of 
                                similar size;
                                  (VI) creating a process for 
                                rotation of Inspectors General 
                                assigned to investigate 
                                allegations through the 
                                Integrity Committee; and (VII) 
                                creating procedures to avoid 
                                conflicts of interest for 
                                Integrity Committee 
                                investigations.
                          (ii) Exception.--The requirement 
                        under clause (i)(V) shall not apply to 
                        any Office of Inspector General with 
                        less than 50 employees who are 
                        authorized to conduct audits or 
                        investigations.
                          (iii) Submission to congress.--The 
                        Council shall submit a copy of the 
                        policies and procedures established 
                        under clause (i) to the congressional 
                        committees of jurisdiction.
                  (C) Completion of investigation.--If an 
                allegation of wrongdoing is referred to the 
                Chairperson of the Integrity Committee under 
                paragraph (5)(B), the Chairperson of the 
                Integrity Committee--
                          (i) shall complete the investigation 
                        not later than 150 days after the date 
                        on which the Integrity Committee made 
                        the referral; and
                          (ii) if the investigation cannot be 
                        completed within the 150-day period 
                        described in clause (i), shall--
                                  (I) promptly notify the 
                                congressional committees 
                                described in paragraph 
                                (8)(A)(iii); and
                                  (II) brief the congressional 
                                committees described in 
                                paragraph (8)(A)(iii) every 30 
                                days regarding the status of 
                                the investigation and the 
                                general reasons for delay until 
                                the investigation is complete.
                  (D) Concurrent investigation.--If an 
                allegation of wrongdoing against an Inspector 
                General or a staff member of an Office of 
                Inspector General described under paragraph 
                (4)(C) is referred to the Department of Justice 
                or the Office of Special Counsel under 
                paragraph (5)(A), the Chairperson of the 
                Integrity Committee may conduct any related 
                investigation referred to the Chairperson under 
                paragraph (5)(B) concurrently with the 
                Department of Justice or the Office of Special 
                Counsel, as applicable.
                  (E) Reports.--
                          (i) Integrity committee 
                        investigations.--For each investigation 
                        of an allegation of wrongdoing referred 
                        to the Chairperson of the Integrity 
                        Committee under paragraph (5)(B), the 
                        Chairperson of the Integrity Committee 
                        shall submit to members of the 
                        Integrity Committee and to the 
                        Chairperson of the Council a report 
                        containing the results of the 
                        investigation.
                          (ii) Other investigations.--For each 
                        allegation of wrongdoing referred to 
                        the Department of Justice or the Office 
                        of Special Counsel under paragraph 
                        (5)(A), the Attorney General or the 
                        Special Counsel, as applicable, shall 
                        submit to the Integrity Committee a 
                        report containing the results of the 
                        investigation.
                          (iii) Availability to congress.--
                                (I) In general.--The 
                                congressional committees 
                                described in paragraph 
                                (8)(A)(iii) shall have access 
                                to any report authored by the 
                                Integrity Committee.
                                  (II) Members of congress.--
                                Subject to any other provision 
                                of law that would otherwise 
                                prohibit disclosure of such 
                                information, the Integrity 
                                Committee may provide any 
                                report authored by the 
                                Integrity Committee to any 
                                Member of Congress.
          (8) Assessment and final disposition.--
                  (A) In general.--With respect to any report 
                received under paragraph (7)(E), the Integrity 
                Committee shall--
                          (i) assess the report;
                          (ii) forward the report, with the 
                        recommendations of the Integrity 
                        Committee, including those on 
                        disciplinary action, within 30 days (to 
                        the maximum extent practicable) after 
                        the completion of the investigation, to 
                        the Executive Chairperson of the 
                        Council and to the President (in the 
                        case of a report relating to an 
                        Inspector General of an establishment 
                        or any employee of that Inspector 
                        General) or the head of a designated 
                        Federal entity (in the case of a report 
                        relating to an Inspector General of 
                        such an entity or any employee of that 
                        Inspector General) for resolution;
                          (iii) submit the report, with the 
                        recommendations of the Integrity 
                        Committee, to the Committee on Homeland 
                        Security and Governmental Affairs of 
                        the Senate, the Committee on Oversight 
                        and Reform of the House of 
                        Representatives, and other 
                        congressional committees of 
                        jurisdiction; and
                          (iv) following the submission of the 
                        report under clause (iii) and upon 
                        request by any Member of Congress, 
                        submit the report, with the 
                        recommendations of the Integrity 
                        Committee, to that Member.
                  (B) Disposition.--The Executive Chairperson 
                of the Council shall report to the Integrity 
                Committee the final disposition of the matter, 
                including what action was taken by the 
                President or agency head.
          (9) Annual report.--The Council shall submit to 
        Congress and the President by December 31 of each year 
        a report on the activities of the Integrity Committee 
        during the preceding fiscal year, which shall include 
        the following:
                  (A) The number of allegations received.
                  (B) The number of allegations referred to the 
                Department of Justice or the Office of Special 
                Counsel, including the number of allegations 
                referred for criminal investigation.
                  (C) The number of allegations referred to the 
                Chairperson of the Integrity Committee for 
                investigation.
                  (D) The number of allegations closed without 
                referral.
                  (E) The date each allegation was received and 
                the date each allegation was finally disposed 
                of.
                  (F) In the case of allegations referred to 
                the Chairperson of the Integrity Committee, a 
                summary of the status of the investigation of 
                the allegations and, in the case of 
                investigations completed during the preceding 
                fiscal year, a summary of the findings of the 
                investigations.
                  (G) Other matters that the Council considers 
                appropriate.
          (10) Requests for more information.--With respect to 
        paragraphs (8) and (9), the Council shall provide more 
        detailed information about specific allegations upon 
        request from any Member of Congress.
          (11) No right or benefit.--This subsection is not 
        intended to create any right or benefit, substantive or 
        procedural, enforceable at law by a person against the 
        United States, its agencies, its officers, or any 
        person.
          (12) Allegations of wrongdoing against special 
        counsel or deputy special counsel.--
                  (A) Special counsel defined.--In this 
                paragraph, the term ``Special Counsel'' means 
                the Special Counsel appointed under section 
                1211(b) of title 5.
                  (B) Authority of integrity committee.--
                          (i) In general.--An allegation of 
                        wrongdoing against the Special Counsel 
                        or the Deputy Special Counsel may be 
                        received, reviewed, and referred for 
                        investigation to the same extent and in 
                        the same manner as in the case of an 
                        allegation against an Inspector General 
                        or against a staff member of an Office 
                        of Inspector General described under 
                        paragraph (4)(C), subject to the 
                        requirement that the representative 
                        designated by the Special Counsel under 
                        paragraph (5)(A)(ii) shall recuse 
                        himself or herself from the 
                        consideration of any allegation brought 
                        under this paragraph.
                          (ii) Coordination with existing 
                        provisions of law.--This paragraph 
                        shall not eliminate access to the Merit 
                        Systems Protection Board for review 
                        under section 7701 of title 5. To the 
                        extent that an allegation brought under 
                        this paragraph involves section 
                        2302(b)(8) of title 5, a failure to 
                        obtain corrective action within 120 
                        days after the date on which the 
                        allegation is received by the Integrity 
                        Committee shall, for purposes of 
                        section 1221 of title 5, be considered 
                        to satisfy section 1214(a)(3)(B) of 
                        title 5.
                  (C) Regulations.--The Integrity Committee may 
                prescribe any rules or regulations necessary to 
                carry out this paragraph, subject to such 
                consultation or other requirements as may 
                otherwise apply.
          (13) Committee records.--The Chairperson of the 
        Council shall maintain the records of the Integrity 
        Committee.
    (e) Oversight.gov.--
          (1) Definition.--In this subsection, the term 
        ``Office of Inspector General'' means the Office of--
                  (A) an Inspector General described in 
                subparagraph (A), (B), or (I) of subsection 
                (b)(1);
                  (B) the Special Inspector General for 
                Afghanistan Reconstruction established under 
                section 1229 of the National Defense 
                Authorization Act for Fiscal Year 2008 (Public 
                Law 110-181; 122 Stat. 378);
                  (C) the Special Inspector General for the 
                Troubled Asset Relief Program established under 
                section 121 of title I of the Emergency 
                Economic Stabilization Act of 2008 (12 U.S.C. 
                5231); and
                  (D) the Special Inspector General for 
                Pandemic Recovery established under section 
                4018 of the Coronavirus Economic Stabilization 
                Act of 2020 (15 U.S.C. 9053).
          (2) Establishment.--The Council shall establish and 
        maintain a website entitled ``oversight.gov''--
                  (A) to consolidate all public reports from 
                each Office of Inspector General to improve the 
                access of the public to any audit report, 
                inspection report, or evaluation report (or 
                portion of any such report) made by an Office 
                of Inspector General; and
                  (B) that shall include any additional 
                resources, information, and enhancements as the 
                Council determines are necessary or desirable.
          (3) Participation of offices of inspectors general.--
        Each Office of Inspector General that publishes an 
        audit report, inspection report, or evaluation report 
        (or portion of any such report) on the website of the 
        Office of Inspector General shall, or in the case of 
        the office of an Inspector General described in 
        subparagraph (I) of subsection (b)(1) may, 
        contemporaneously publish the report (or portion of the 
        report) on oversight.gov in a manner prescribed by the 
        Council.
          (4) Effective date.--This subsection shall take 
        effect on the date that is 30 days after the date of 
        receipt by the Council of the Inspectors General on 
        Integrity and Efficiency of an appropriation for the 
        implementation of this subsection.

  Changes in Existing Law Made by Section 3(c) of the Bill (Amending 
                      Title 5, United States Code)

                      PART IV--ETHICS REQUIREMENTS

                   CHAPTER 131--ETHICS IN GOVERNMENT

  Subchapter I--Financial Disclosure Requirements of Federal Personnel

Sec.
13101. Definitions.
13102. Administration of provisions.
13103. Persons required to file.
13104. Contents of reports.
13105. Filing of reports.
13106. Failure to file or filing false reports.
13107. Custody of and public access to reports.
13108. Review of reports.
13109. Confidential reports and other additional requirements.
13110. Authority of Comptroller General.
13111. Notice of actions taken to comply with ethics agreements.

               Subchapter II--Office of Government Ethics

13121. Establishment; appointment of Director.
13122. Authority and functions.
13123. Administrative provisions.
13124. Rules and regulations.
13125. Authorization of appropriations.
13126. Reports to Congress.

   Subchapter III--Limitations on Outside Earned Income and Employment

13141. Definitions.
13142. Administration.
13143. Outside earned income limitation.
13144. Limitations on outside employment.
13145. Civil penalties.
13146. Conditional termination.

  Subchapter I--Financial Disclosure Requirements of Federal Personnel

Sec. 13101. Definitions

    In this subchapter:
          (1) Congressional ethics committees.--The term 
        ``congressional ethics committees'' means the Select 
        Committee on Ethics of the Senate and the Committee on 
        Ethics of the House of Representatives.
          (2) Dependent child.--The term ``dependent child'' 
        means, when used with respect to any reporting 
        individual, any individual who is a son, daughter, 
        stepson, or stepdaughter and who--
                  (A) is unmarried and under age 21 and is 
                living in the household of such reporting 
                individual; or
                  (B) is a dependent of such reporting 
                individual within the meaning of section 152 of 
                the Internal Revenue Code of 1986 (26 U.S.C. 
                152).
          (3) Designated agency ethics official.--The term 
        ``designated agency ethics official'' means an officer 
        or employee who is designated to administer the 
        provisions of this subchapter within an agency.
          (4) Executive branch.--The term ``executive branch'' 
        includes each Executive agency (as defined in section 
        105 of this title), other than the Government 
        Accountability Office, and any other entity or 
        administrative unit in the executive branch.
          (5) Gift.--The term ``gift'' means a payment, 
        advance, forbearance, rendering, or deposit of money, 
        or any thing of value, unless consideration of equal or 
        greater value is received by the donor, but does not 
        include--
                  (A) bequest and other forms of inheritance;
                  (B) suitable mementos of a function honoring 
                the reporting individual;
                  (C) food, lodging, transportation, and 
                entertainment provided by a foreign government 
                within a foreign country or by the United 
                States Government, the District of Columbia, or 
                a State or local government or political 
                subdivision thereof;
                  (D) food and beverages which are not consumed 
                in connection with a gift of overnight lodging;
                  (E) communications to the offices of a 
                reporting individual, including subscriptions 
                to newspapers and periodicals; or
                  (F) consumable products provided by home-
                State businesses to the offices of a reporting 
                individual who is an elected official, if those 
                products are intended for consumption by 
                persons other than such reporting individual.
          (6) Honoraria.--The term ``honoraria'' means the 
        plural of ``honorarium'' as defined in section 13141 of 
        this title.
          (7) Income.--The term ``income'' means all income 
        from whatever source derived, including but not limited 
        to the following items: compensation for services, 
        including fees, commissions, and similar items; gross 
        income derived from business (and net income if the 
        individual elects to include it); gains derived from 
        dealings in property; interest; rents; royalties; 
        dividends; annuities; income from life insurance and 
        endowment contracts; pensions; income from discharge of 
        indebtedness; distributive share of partnership income; 
        and income from an interest in an estate or trust.
          (8) Judicial conference.--The term ``Judicial 
        Conference'' means the Judicial Conference of the 
        United States.
          (9) Judicial employee.--The term ``judicial 
        employee'' means any employee of the judicial branch of 
        the Government, of the United States Sentencing 
        Commission, of the Tax Court, of the Court of Federal 
        Claims, of the Court of Appeals for Veterans Claims, or 
        of the United States Court of Appeals for the Armed 
        Forces, who is not a judicial officer and who is 
        authorized to perform adjudicatory functions with 
        respect to proceedings in the judicial branch, or who 
        occupies a position for which the rate of basic pay is 
        equal to or greater than 120 percent of the minimum 
        rate of basic pay payable for GS-15 of the General 
        Schedule.
          (10) Judicial officer.--The term ``judicial officer'' 
        means the Chief Justice of the United States, the 
        Associate Justices of the Supreme Court, and the judges 
        of the United States courts of appeals, United States 
        district courts, including the district courts in Guam, 
        the Northern Mariana Islands, and the Virgin Islands, 
        Court of Appeals for the Federal Circuit, Court of 
        International Trade, Tax Court, Court of Federal 
        Claims, Court of Appeals for Veterans Claims, United 
        States Court of Appeals for the Armed Forces, and any 
        court created by Act of Congress, the judges of which 
        are entitled to hold office during good behavior.
          (11) Legislative branch.--The term ``legislative 
        branch'' includes--
                  (A) the Architect of the Capitol;
                  (B) the Botanic Gardens;
                  (C) the Congressional Budget Office;
                  (D) the Government Accountability Office;
                  (E) the Government Publishing Office;
                  (F) the Library of Congress;
                  (G) the United States Capitol Police;
                  (H) the Office of Technology Assessment; and
                  (I) any other agency, entity, office, or 
                commission established in the legislative 
                branch.
          (12) Member of congress.--The term ``Member of 
        Congress'' means a United States Senator, a 
        Representative in Congress, a Delegate to Congress, or 
        the Resident Commissioner from Puerto Rico.
          (13) Officer or employee of congress.--The term 
        ``officer or employee of Congress'' means an individual 
        described in subparagraph (A), (B), or (C), other than 
        a Member of Congress or the Vice President, whose 
        compensation is disbursed by the Secretary of the 
        Senate or the Chief Administrative Officer of the House 
        of Representatives. The individuals described in 
        subparagraphs (A), (B), and (C) are--
                  (A) each officer or employee of the 
                legislative branch (except any officer or 
                employee of the Government Accountability 
                Office) who, for at least 60 days, occupies a 
                position for which the rate of basic pay is 
                equal to or greater than 120 percent of the 
                minimum rate of basic pay payable for GS-15 of 
                the General Schedule;
                  (B) each officer or employee of the 
                Government Accountability Office who, for at 
                least 60 consecutive days, occupies a position 
                for which the rate of basic pay, minus the 
                amount of locality pay that would have been 
                authorized under section 5304 of this title 
                (had the officer or employee been paid under 
                the General Schedule) for the locality within 
                which the position of such officer or employee 
                is located (as determined by the Comptroller 
                General), is equal to or greater than 120 
                percent of the minimum rate of basic pay 
                payable for GS-15 of the General Schedule; and
                  (C) at least one principal assistant 
                designated for purposes of this paragraph by 
                each Member who does not have an employee who 
                occupies a position for which the rate of basic 
                pay is equal to or greater than 120 percent of 
                the minimum rate of basic pay payable for GS-15 
                of the General Schedule.
          (14) Personal hospitality of any individual.--The 
        term ``personal hospitality of any individual'' means 
        hospitality extended for a nonbusiness purpose by an 
        individual, not a corporation or organization, at the 
        personal residence of that individual or the 
        individual's family or on property or facilities owned 
        by that individual or the individual's family.
          (15) Reimbursement.--The term ``reimbursement'' means 
        any payment or other thing of value received by the 
        reporting individual, other than gifts, to cover 
        travel-related expenses of such individual other than 
        those which are--
                  (A) provided by the United States Government, 
                the District of Columbia, or a State or local 
                government or political subdivision thereof;
                  (B) required to be reported by the reporting 
                individual under section 7342 of this title; or
                  (C) required to be reported under section 304 
                of the Federal Election Campaign Act of 1971 
                (52 U.S.C. 30104).
          (16) Relative.--The term ``relative'' means an 
        individual who is related to the reporting individual, 
        as father, mother, son, daughter, brother, sister, 
        uncle, aunt, great aunt, great uncle, first cousin, 
        nephew, niece, husband, wife, grandfather, grandmother, 
        grandson, granddaughter, father- in-law, mother-in-law, 
        son-in-law, daughter-in-law, brother- in-law, sister-
        in-law, stepfather, stepmother, stepson, stepdaughter, 
        stepbrother, stepsister, half brother, half sister, or 
        who is the grandfather or grandmother of the spouse of 
        the reporting individual, and shall be deemed to 
        include the fiance or fiancee of the reporting 
        individual.
          (17) Secretary concerned.--The term ``Secretary 
        concerned'' has the meaning set forth in section 101(a) 
        of title 10, and, in addition, means--
                  (A) the Secretary of Commerce, with respect 
                to matters concerning the National Oceanic and 
                Atmospheric Administration;
                  (B) the Secretary of Health and Human 
                Services, with respect to matters concerning 
                the Public Health Service; and
                  (C) the Secretary of State, with respect to 
                matters concerning the Foreign Service.
          (18) Supervising ethics office.--The term 
        ``supervising ethics office'' means--
                  (A) the Select Committee on Ethics of the 
                Senate, for Senators, officers and employees of 
                the Senate, and other officers or employees of 
                the legislative branch required to file 
                financial disclosure reports with the Secretary 
                of the Senate pursuant to section 13105(h) of 
                this title;
                  (B) the Committee on Ethics of the House of 
                Representatives, for Members, officers and 
                employees of the House of Representatives and 
                other officers or employees of the legislative 
                branch required to file financial disclosure 
                reports with the Clerk of the House of 
                Representatives pursuant to section 13105(h) of 
                this title;
                  (C) the Judicial Conference for judicial 
                officers and judicial employees; and
                  (D) the Office of Government Ethics for all 
                executive branch officers and employees.
          (19) Value.--The term ``value'' means a good faith 
        estimate of the dollar value if the exact value is 
        neither known nor easily obtainable by the reporting 
        individual.

Sec. 13102. Administration of Provisions

    (a) In General.--The provisions of this subchapter shall be 
administered by--
          (1) the Director of the Office of Government Ethics, 
        the designated agency ethics official, or the Secretary 
        concerned, as appropriate, with regard to officers and 
        employees described in paragraphs (1) through (8) of 
        section 13103(f) of this title;
          (2) the Select Committee on Ethics of the Senate and 
        the Committee on Ethics of the House of 
        Representatives, as appropriate, with regard to 
        officers and employees described in paragraphs (9) and 
        (10) of section 13103(f) of this title; and
          (3) the Judicial Conference in the case of an officer 
        or employee described in paragraphs (11) and (12) of 
        section 13103(f) of this title.
    (b) Delegation by Judicial Conference.--The Judicial 
Conference may delegate any authority it has under this 
subchapter to an ethics committee established by the Judicial 
Conference.

Sec. 13103. Persons Required to File

    (a) Reports Filed Upon Entering a Filing Position.--Within 
30 days of assuming the position of an officer or employee 
described in subsection (f), an individual shall file a report 
containing the information described in section 13104(b) of 
this title unless the individual has left another position 
described in subsection (f) within 30 days prior to assuming 
such new position or has already filed a report under this 
subchapter with respect to nomination for the new position or 
as a candidate for the position.
    (b) Reports for Nominees to Positions Requiring Senate 
Confirmation.--
          (1) In general.--Within 5 days of the transmittal by 
        the President to the Senate of the nomination of an 
        individual (other than an individual nominated for 
        appointment to a position as a Foreign Service Officer 
        or a grade or rank in the uniformed services for which 
        the pay grade prescribed by section 201 of title 37 is 
        O-6 or below) to a position, appointment to which 
        requires the advice and consent of the Senate, such 
        individual shall file a report containing the 
        information described in section 13104(b) of this 
        title. Such individual shall, not later than the date 
        of the first hearing to consider the nomination of such 
        individual, make current the report filed pursuant to 
        this paragraph by filing the information required by 
        section 13104(a)(1)(A) of this title with respect to 
        income and honoraria received as of the date which 
        occurs 5 days before the date of such hearing. Nothing 
        in this chapter shall prevent any congressional 
        committee from requesting, as a condition of 
        confirmation, any additional financial information from 
        any Presidential nominee whose nomination has been 
        referred to that committee.
          (2) Public announcement of intended nomination.--An 
        individual whom the President or the President-elect 
        has publicly announced he or she intends to nominate to 
        a position may file the report required by paragraph 
        (1) at any time after that public announcement, but not 
        later than is required under the 1st sentence of 
        paragraph (1).
    (c) Reports for Candidates for Elected Federal Office.-- 
Within 30 days of becoming a candidate as defined in section 
301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30101), in a calendar year for nomination or election to the 
office of President, Vice President, or Member of Congress, or 
on or before May 15 of that calendar year, whichever is later, 
but in no event later than 30 days before the election, and on 
or before May 15 of each successive year an individual 
continues to be a candidate, an individual other than an 
incumbent President, Vice President, or Member of Congress 
shall file a report containing the information described in 
section 13104(b) of this title. Notwithstanding the preceding 
sentence, in any calendar year in which an individual continues 
to be a candidate for any office but all elections for such 
office relating to such candidacy were held in prior calendar 
years, such individual need not file a report unless the 
individual becomes a candidate for another vacancy in that 
office or another office during that year.
    (d) Annual Reports.--Any individual who is an officer or 
employee described in subsection (f) during any calendar year 
and performs the duties of the position or office for a period 
in excess of 60 days in that calendar year shall file on or 
before May 15 of the succeeding year a report containing the 
information described in section 13104(a) of this title.
    (e) Termination Reports.--Any individual who occupies a 
position described in subsection (f) shall, on or before the 
30th day after termination of employment in such position, file 
a report containing the information described in section 
13104(a) of this title covering the preceding calendar year if 
the report required by subsection (d) has not been filed and 
covering the portion of the calendar year in which such 
termination occurs up to the date the individual left such 
office or position, unless such individual has accepted 
employment in another position described in subsection (f).
    (f) Individuals Required To File.--The officers and 
employees referred to in subsections (a), (d), and (e) are--
          (1) the President;
          (2) the Vice President;
          (3) each officer or employee in the executive branch, 
        including a special Government employee, as defined in 
        section 202 of title 18, who occupies a position 
        classified above GS-15 of the General Schedule or, in 
        the case of positions not under the General Schedule, 
        for which the rate of basic pay is equal to or greater 
        than 120 percent of the minimum rate of basic pay 
        payable for GS-15 of the General Schedule; each member 
        of a uniformed service whose pay grade is at or in 
        excess of O-7 under section 201 of title 37; and each 
        officer or employee in any other position determined by 
        the Director of the Office of Government Ethics to be 
        of equal classification;
          (4) each employee appointed pursuant to section 3105 
        of this title;
          (5) any employee not described in paragraph (3) who 
        is in a position in the executive branch which is 
        excepted from the competitive service by reason of 
        being of a confidential or policymaking character, 
        except that the Director of the Office of Government 
        Ethics may, by regulation, exclude from the application 
        of this paragraph any individual, or group of 
        individuals, who are in such positions, but only in 
        cases in which the Director determines such exclusion 
        would not affect adversely the integrity of the 
        Government or the public's confidence in the integrity 
        of the Government;
          (6) the Postmaster General, the Deputy Postmaster 
        General, each Governor of the Board of Governors of the 
        United States Postal Service and each officer or 
        employee of the United States Postal Service or Postal 
        Regulatory Commission who occupies a position for which 
        the rate of basic pay is equal to or greater than 120 
        percent of the minimum rate of basic pay payable for 
        GS-15 of the General Schedule;
          (7) the Director of the Office of Government Ethics 
        and each designated agency ethics official;
          (8) any civilian employee not described in paragraph 
        (3), employed in the Executive Office of the President 
        (other than a special Government employee) who holds a 
        commission of appointment from the President;
          (9) a Member of Congress as defined in section 13101 
        of this title;
          (10) an officer or employee of the Congress as 
        defined in section 13101 of this title;
          (11) a judicial officer as defined in section 13101 
        of this title; and
          (12) a judicial employee as defined in section 13101 
        of this title.
    (g) Extensions of Time for Filing.--
          (1) In general.--Reasonable extensions of time for 
        filing any report may be granted under procedures 
        prescribed by the supervising ethics office for each 
        branch, but the total of such extensions shall not 
        exceed 90 days.
          (2) Armed forces.--
                  (A) Combat zone.--In the case of an 
                individual who is serving in the Armed Forces, 
                or serving in support of the Armed Forces, in 
                an area while that area is designated by the 
                President by Executive order as a combat zone 
                for purposes of section 112 of the Internal 
                Revenue Code of 1986 (26 U.S.C. 112), the date 
                for the filing of any report shall be extended 
                so that the date is 180 days after the later 
                of--
                          (i) the last day of the individual's 
                        service in such area during such 
                        designated period; or
                          (ii) the last day of the individual's 
                        hospitalization as a result of injury 
                        received or disease contracted while 
                        serving in such area.
                  (B) Procedures.--The Office of Government 
                Ethics, in consultation with the Secretary of 
                Defense, may prescribe procedures under this 
                paragraph.
    (h) Exceptions.--The provisions of subsections (a), (b), 
and (e) shall not apply to an individual who, as determined by 
the designated agency ethics official or Secretary concerned 
(or in the case of a Presidential appointee under subsection 
(b), the Director of the Office of Government Ethics), the 
congressional ethics committees, or the Judicial Conference, is 
not reasonably expected to perform the duties of the 
individual's office or position for more than 60 days in a 
calendar year, except that if such individual performs the 
duties of the office or position for more than 60 days in a 
calendar year--
          (1) the report required by subsections (a) and (b) 
        shall be filed within 15 days of the 60th day; and
          (2) the report required by subsection (e) shall be 
        filed as provided in that subsection.
    (i) Request for Waiver.--The supervising ethics office for 
each branch may grant a publicly available request for a waiver 
of any reporting requirement under this section for an 
individual who is expected to perform or has performed the 
duties of the individual's office or position less than 130 
days in a calendar year, but only if the supervising ethics 
office determines that--
          (1) such individual is not a full-time employee of 
        the Government;
          (2) such individual is able to provide services 
        specially needed by the Government;
          (3) it is unlikely that the individual's outside 
        employment or financial interests will create a 
        conflict of interest; and
          (4) public financial disclosure by such individual is 
        not necessary in the circumstances.

Sec. 13104. Contents of Reports

    (a) Annual and Termination Reports.--Each report filed 
pursuant to section 13103(d) and (e) of this title shall 
include a full and complete statement with respect to the 
following:
          (1) Income.--
                  (A) In general.--The source, type, and amount 
                or value of income (other than income referred 
                to in subparagraph (B)) from any source (other 
                than from current employment by the United 
                States Government), and the source, date, and 
                amount of honoraria from any source, received 
                during the preceding calendar year, aggregating 
                $200 or more in value and, effective January 1, 
                1991, the source, date, and amount of payments 
                made to charitable organizations in lieu of 
                honoraria, and the reporting individual shall 
                simultaneously file with the applicable 
                supervising ethics office, on a confidential 
                basis, a corresponding list of recipients of 
                all such payments, together with the dates and 
                amounts of such payments.
                  (B) Dividends, rents, interest, and capital 
                gains.-- The source and type of income which 
                consists of dividends, rents, interest, and 
                capital gains, received during the preceding 
                calendar year which exceeds $200 in amount or 
                value, and an indication of which of the 
                following categories the amount or value of 
                such item of income is within--
                          (i) not more than $1,000;
                          (ii) greater than $1,000 but not more 
                        than $2,500;
                          (iii) greater than $2,500 but not 
                        more than $5,000;
                          (iv) greater than $5,000 but not more 
                        than $15,000;
                          (v) greater than $15,000 but not more 
                        than $50,000;
                          (vi) greater than $50,000 but not 
                        more than $100,000;
                          (vii) greater than $100,000 but not 
                        more than $1,000,000;
                          (viii) greater than $1,000,000 but 
                        not more than $5,000,000; or
                          (ix) greater than $5,000,000.
          (2) Gifts and reimbursements.--
                  (A) Gifts.--The identity of the source, a 
                brief description, and the value of all gifts 
                aggregating more than the minimal value as 
                established by section 7342(a)(5) of this 
                title, or $250, whichever is greater, received 
                from any source other than a relative of the 
                reporting individual during the preceding 
                calendar year, except that any food, lodging, 
                or entertainment received as personal 
                hospitality of an individual need not be 
                reported, and any gift with a fair market value 
                of $100 or less, as adjusted at the same time 
                and by the same percentage as the minimal value 
                is adjusted, need not be aggregated for 
                purposes of this subparagraph.
                  (B) Reimbursements.--The identity of the 
                source and a brief description (including a 
                travel itinerary, dates, and nature of expenses 
                provided) of reimbursements received from any 
                source aggregating more than the minimal value 
                as established by section 7342(a)(5) of this 
                title, or $250, whichever is greater, and 
                received during the preceding calendar year.
                  (C) Waiver.--In an unusual case, a gift need 
                not be aggregated under subparagraph (A) if a 
                publicly available request for a waiver is 
                granted.
          (3) Interests in property.--The identity and category 
        of value of any interest in property held during the 
        preceding calendar year in a trade or business, or for 
        investment or the production of income, which has a 
        fair market value which exceeds $1,000 as of the close 
        of the preceding calendar year, excluding any personal 
        liability owed to the reporting individual by a spouse 
        or by a parent, brother, sister, or child of the 
        reporting individual or of the reporting individual's 
        spouse, or any deposits aggregating $5,000 or less in a 
        personal savings account. For purposes of this 
        paragraph, a personal savings account shall include any 
        certificate of deposit or any other form of deposit in 
        a bank, savings and loan association, credit union, or 
        similar financial institution.
          (4) Liabilities.--The identity and category of value 
        of the total liabilities owed to any creditor other 
        than a spouse, or a parent, brother, sister, or child 
        of the reporting individual or of the reporting 
        individual's spouse which exceed $10,000 at any time 
        during the preceding calendar year, excluding--
                  (A) any mortgage secured by real property 
                which is a personal residence of the reporting 
                individual or the individual's spouse, except 
                that this exception shall not apply to a 
                reporting individual--
                          (i) described in paragraph (1), (2), 
                        or (9) of 13103(f) of this title;
                          (ii) described in section 13103(b) of 
                        this title who has been nominated for 
                        appointment as an officer or employee 
                        in the executive branch described in 
                        subsection (f) of that section, other 
                        than--
                                  (I) an individual appointed 
                                to a position--
                                          (aa) as a Foreign 
                                        Service Officer below 
                                        the rank of ambassador; 
                                        or
                                          (bb) in the uniformed 
                                        services for which the 
                                        pay grade prescribed by 
                                        section 201 of title 37 
                                        is O-6 or below; or
                                  (II) a special Government 
                                employee, as defined under 
                                section 202 of title 18; or
                          (iii) described in section 13103(f) 
                        of this title who is in a position in 
                        the executive branch the appointment to 
                        which is made by the President and 
                        requires advice and consent of the 
                        Senate, other than--
                                  (I) an individual appointed 
                                to a position--
                                          (aa) as a Foreign 
                                        Service Officer below 
                                        the rank of ambassador; 
                                        or
                                          (bb) in the uniformed 
                                        services for which the 
                                        pay grade prescribed by 
                                        section 201 of title 37 
                                        is O-6 or below; or
                                  (II) a special Government 
                                employee, as defined under 
                                section 202 of title 18; and
                  (B) any loan secured by a personal motor 
                vehicle, household furniture, or appliances, 
                which loan does not exceed the purchase price 
                of the item which secures it.
        With respect to revolving charge accounts, only those 
        with an outstanding liability which exceeds $10,000 as 
        of the close of the preceding calendar year need be 
        reported under this paragraph.
          (5) Transactions.--Except as provided in this 
        paragraph, a brief description, the date, and category 
        of value of any purchase, sale or exchange during the 
        preceding calendar year which exceeds $1,000--
                  (A) in real property, other than property 
                used solely as a personal residence of the 
                reporting individual or the individual's 
                spouse; or
                  (B) in stocks, bonds, commodities futures, 
                and other forms of securities.
        Reporting is not required under this paragraph of any 
        transaction solely by and between the reporting 
        individual, the individual's spouse, or dependent 
        children.
          (6) Positions with outside entities and major sources 
        of compensation.--
                  (A) Positions with outside entities.--The 
                identity of all positions held on or before the 
                date of filing during the current calendar year 
                (and, for the first report filed by an 
                individual, during the 2-year period preceding 
                such calendar year) as an officer, director, 
                trustee, partner, proprietor, representative, 
                employee, or consultant of any corporation, 
                company, firm, partnership, or other business 
                enterprise, any nonprofit organization, any 
                labor organization, or any educational or other 
                institution other than the United States. This 
                subparagraph shall not require the reporting of 
                positions held in any religious, social, 
                fraternal, or political entity and positions 
                solely of an honorary nature.
                  (B) Major sources of compensation.--If any 
                person, other than the United States 
                Government, paid a nonelected reporting 
                individual compensation in excess of $5,000 in 
                any of the 2 calendar years prior to the 
                calendar year during which the individual files 
                the individual's first report under this 
                chapter, the individual shall include in the 
                report--
                          (i) the identity of each source of 
                        such compensation; and
                          (ii) a brief description of the 
                        nature of the duties performed or 
                        services rendered by the reporting 
                        individual for each such source.
        The preceding sentence shall not require any individual 
        to include in such report any information which is 
        considered confidential as a result of a privileged 
        relationship, established by law, between such 
        individual and any person, nor shall it require an 
        individual to report any information with respect to 
        any person for whom services were provided by any firm 
        or association of which such individual was a member, 
        partner, or employee unless such individual was 
        directly involved in the provision of such services.
          (7) Agreements or arrangements relating to other 
        employment.--A description of the date, parties to, and 
        terms of any agreement or arrangement with respect to--
                  (A) future employment;
                  (B) a leave of absence during the period of 
                the reporting individual's Government service;
                  (C) continuation of payments by a former 
                employer other than the United States 
                Government; and
                  (D) continuing participation in an employee 
                welfare or benefit plan maintained by a former 
                employer.
          (8) Qualified blind trusts.--The category of the 
        total cash value of any interest of the reporting 
        individual in a qualified blind trust, unless the trust 
        instrument was executed prior to July 24, 1995, and 
        precludes the beneficiary from receiving information on 
        the total cash value of any interest in the qualified 
        blind trust.
    (b) Reports for New Employees, Nominees, and Candidates.--
          (1) In general.--Each report filed pursuant to 
        subsections (a), (b), and (c) of section 13103 of this 
        title shall include a full and complete statement with 
        respect to the information required by--
                  (A) paragraph (1) of subsection (a) for the 
                year of filing and the preceding calendar year;
                  (B) paragraphs (3) and (4) of subsection (a) 
                as of the date specified in the report but 
                which is less than 31 days before the filing 
                date; and
                  (C) paragraphs (6) and (7) of subsection (a) 
                as of the filing date but for periods described 
                in such paragraphs.
          (2) Alternatives for reporting.--
                  (A) Formats.--In lieu of filling out one or 
                more schedules of a financial disclosure form, 
                an individual may supply the required 
                information in an alternative format, pursuant 
                to either rules adopted by the supervising 
                ethics office for the branch in which such 
                individual serves or pursuant to a specific 
                written determination by such office for a 
                reporting individual.
                  (B) Amounts.--In lieu of indicating the 
                category of amount or value of any item 
                contained in any report filed under this 
                subchapter, a reporting individual may indicate 
                the exact dollar amount of such item.
    (c) Report After Termination of Employment.--In the case of 
any individual described in section 13103(e) of this title, any 
reference to the preceding calendar year shall be considered 
also to include that part of the calendar year of filing up to 
the date of the termination of employment.
    (d) Categories for Reporting Amounts or Values.--
          (1) Paragraphs (3), (4), (5), and (8) of subsection 
        (a).--The categories for reporting the amount or value 
        of the items covered in paragraphs (3), (4), (5), and 
        (8) of subsection (a) are--
                  (A) not more than $15,000;
                  (B) greater than $15,000 but not more than 
                $50,000;
                  (C) greater than $50,000 but not more than 
                $100,000;
                  (D) greater than $100,000 but not more than 
                $250,000;
                  (E) greater than $250,000 but not more than 
                $500,000;
                  (F) greater than $500,000 but not more than 
                $1,000,000;
                  (G) greater than $1,000,000 but not more than 
                $5,000,000;
                  (H) greater than $5,000,000 but not more than 
                $25,000,000;
                  (I) greater than $25,000,000 but not more 
                than $50,000,000; and
                  (J) greater than $50,000,000.
          (2) Valuation of interests in real property.--For the 
        purposes of paragraph (3) of subsection (a), if the 
        current value of an interest in real property (or an 
        interest in a real estate partnership) is not 
        ascertainable without an appraisal, an individual may 
        list (A) the date of purchase and the purchase price of 
        the interest in the real property, or (B) the assessed 
        value of the real property for tax purposes, adjusted 
        to reflect the market value of the property used for 
        the assessment if the assessed value is computed at 
        less than 100 percent of such market value, but such 
        individual shall include in his or her report a full 
        and complete description of the method used to 
        determine such assessed value, instead of specifying a 
        category of value pursuant to paragraph (1) of this 
        subsection. If the current value of any other item 
        required to be reported under paragraph (3) of 
        subsection (a) is not ascertainable without an 
        appraisal, such individual may list the book value of a 
        corporation whose stock is not publicly traded, the net 
        worth of a business partnership, the equity value of an 
        individually owned business, or with respect to other 
        holdings, any recognized indication of value, but such 
        individual shall include in his or her report a full 
        and complete description of the method used in 
        determining such value. In lieu of any value referred 
        to in the preceding sentence, an individual may list 
        the assessed value of the item for tax purposes, 
        adjusted to reflect the market value of the item used 
        for the assessment if the assessed value is computed at 
        less than 100 percent of such market value, but a full 
        and complete description of the method used in 
        determining such assessed value shall be included in 
        the report.
    (e) Reporting Information Relating to Spouse or Dependent 
Child.--
          (1) In general.--Except as provided in the last 
        sentence of this paragraph, each report required by 
        section 13103 of this title shall also contain 
        information listed in paragraphs (1) through (5) of 
        subsection (a) of this section respecting the spouse or 
        dependent child of the reporting individual as follows:
                  (A) Source of earned income and honoraria.--
                The source of items of earned income earned by 
                a spouse from any person which exceed $1,000 
                and the source and amount of any honoraria 
                received by a spouse, except that, with respect 
                to earned income (other than honoraria), if the 
                spouse is self-employed in business or a 
                profession, only the nature of such business or 
                profession need be reported.
                  (B) Dividends, rents, interest, and capital 
                gains.-- All information required to be 
                reported in subsection (a) (1)(B) with respect 
                to income derived by a spouse or dependent 
                child from any asset held by the spouse or 
                dependent child and reported pursuant to 
                subsection (a)(3).
                  (C) Gifts.--In the case of any gifts received 
                by a spouse or dependent child which are not 
                received totally independent of the 
                relationship of the spouse or dependent child 
                to the reporting individual, the identity of 
                the source and a brief description of gifts of 
                transportation, lodging, food, or entertainment 
                and a brief description and the value of other 
                gifts.
                  (D) Reimbursements.--In the case of any 
                reimbursements received by a spouse or 
                dependent child which are not received totally 
                independent of the relationship of the spouse 
                or dependent child to the reporting individual, 
                the identity of the source and a brief 
                description of each such reimbursement.
                  (E) Interests in property, liabilities, and 
                transactions.--In the case of items described 
                in paragraphs (3) through (5) of subsection 
                (a), all information required to be reported 
                under these paragraphs other than items (i) 
                which the reporting individual certifies 
                represent the spouse's or dependent child's 
                sole financial interest or responsibility and 
                which the reporting individual has no knowledge 
                of, (ii) which are not in any way, past or 
                present, derived from the income, assets, or 
                activities of the reporting individual, and 
                (iii) from which the reporting individual 
                neither derives, nor expects to derive, any 
                financial or economic benefit.
                  (F) Amounts or values greater than 
                $1,000,000.--For purposes of this section, 
                categories with amounts or values greater than 
                $1,000,000 set forth in subsection (a)(1)(B) 
                and subsection (d)(1) shall apply to the 
                income, assets, or liabilities of spouses and 
                dependent children only if the income, assets, 
                or liabilities are held jointly with the 
                reporting individual. All other income, assets, 
                or liabilities of the spouse or dependent 
                children required to be reported under this 
                section in an amount or value greater than 
                $1,000,000 shall be categorized only as an 
                amount or value greater than $1,000,000.
        Reports required by subsections (a), (b), and (c) of 
        section 13103 of this title shall, with respect to the 
        spouse and dependent child of the reporting individual, 
        contain only information listed in paragraphs (1), (3), 
        and (4) of subsection (a), as specified in this 
        paragraph.
          (2) Separated spouse.--No report shall be required 
        with respect to a spouse living separate and apart from 
        the reporting individual with the intention of 
        terminating the marriage or providing for permanent 
        separation; or with respect to any income or 
        obligations of an individual arising from the 
        dissolution of the individual's marriage or the 
        permanent separation from the individual's spouse.
    (f) Trusts and Other Financial Arrangements.--
          (1) In general.--Except as provided in paragraph (2), 
        each reporting individual shall report the information 
        required to be reported pursuant to subsections (a), 
        (b), and (c) of this section with respect to the 
        holdings of and the income from a trust or other 
        financial arrangement from which income is received by, 
        or with respect to which a beneficial interest in 
        principal or income is held by, such individual, the 
        individual's spouse, or any dependent child.
          (2) Exceptions.--A reporting individual need not 
        report the holdings of or the source of income from any 
        of the holdings of--
                  (A) any qualified blind trust (as defined in 
                paragraph (3));
                  (B) a trust--
                          (i) which was not created directly by 
                        such individual, the individual's 
                        spouse, or any dependent child; and
                          (ii) the holdings or sources of 
                        income of which such individual, the 
                        individual's spouse, and any dependent 
                        child have no knowledge; or
                  (C) an entity described under the provisions 
                of paragraph (8);
        but such individual shall report the category of the 
        amount of income received by the individual, the 
        individual's spouse, or any dependent child from the 
        trust or other entity under subsection (a)(1)(B).
          (3) Definition of qualified blind trust.--For 
        purposes of this subsection, the term ``qualified blind 
        trust'' includes any trust in which a reporting 
        individual, the individual's spouse, or any minor or 
        dependent child has a beneficial interest in the 
        principal or income, and which meets the following 
        requirements:
                  (A) Trustee.--
                          (i) The trustee of the trust and any 
                        other entity designated in the trust 
                        instrument to perform fiduciary duties 
                        is a financial institution, an 
                        attorney, a certified public 
                        accountant, a broker, or an investment 
                        advisor who--
                                  (I) is independent of and not 
                                associated with any interested 
                                party so that the trustee or 
                                other person cannot be 
                                controlled or influenced in the 
                                administration of the trust by 
                                any interested party; and
                                  (II) is not and has not been 
                                an employee of or affiliated 
                                with any interested party and 
                                is not a partner of, or 
                                involved in any joint venture 
                                or other investment with, any 
                                interested party; and
                                  (III) is not a relative of 
                                any interested party.
                          (ii) Any officer or employee of a 
                        trustee or other entity who is involved 
                        in the management or control of the 
                        trust--
                                  (I) is independent of and not 
                                associated with any interested 
                                party so that such officer or 
                                employee cannot be controlled 
                                or influenced in the 
                                administration of the trust by 
                                any interested party;
                                  (II) is not a partner of, or 
                                involved in any joint venture 
                                or other investment with, any 
                                interested party; and
                                  (III) is not a relative of 
                                any interested party.
                  (B) Transferred asset.--Any asset transferred 
                to the trust by an interested party is free of 
                any restriction with respect to its transfer or 
                sale unless such restriction is expressly 
                approved by the supervising ethics office of 
                the reporting individual.
                  (C) Trust instrument.--The trust instrument 
                which establishes the trust provides that--
                          (i) except to the extent provided in 
                        subparagraph (B) of this paragraph, the 
                        trustee in the exercise of the 
                        trustee's authority and discretion to 
                        manage and control the assets of the 
                        trust shall not consult or notify any 
                        interested party;
                          (ii) the trust shall not contain any 
                        asset the holding of which by an 
                        interested party is prohibited by any 
                        law or regulation;
                          (iii) the trustee shall promptly 
                        notify the reporting individual and the 
                        reporting individual's supervising 
                        ethics office when the holdings of any 
                        particular asset transferred to the 
                        trust by any interested party are 
                        disposed of or when the value of such 
                        holding is less than $1,000;
                          (iv) the trust tax return shall be 
                        prepared by the trustee or the 
                        trustee's designee, and such return and 
                        any information relating thereto (other 
                        than the trust income summarized in 
                        appropriate categories necessary to 
                        complete an interested party's tax 
                        return) shall not be disclosed to any 
                        interested party;
                          (v) an interested party shall not 
                        receive any report on the holdings and 
                        sources of income of the trust, except 
                        a report at the end of each calendar 
                        quarter with respect to the total cash 
                        value of the interest of the interested 
                        party in the trust or the net income or 
                        loss of the trust or any reports 
                        necessary to enable the interested 
                        party to complete an individual tax 
                        return required by law or to provide 
                        the information required by subsection 
                        (a)(1) of this section, but such report 
                        shall not identify any asset or 
                        holding;
                          (vi) except for communications which 
                        solely consist of requests for 
                        distributions of cash or other 
                        unspecified assets of the trust, there 
                        shall be no direct or indirect 
                        communication between the trustee and 
                        an interested party with respect to the 
                        trust unless such communication is in 
                        writing and unless it relates only (I) 
                        to the general financial interest and 
                        needs of the interested party 
                        (including, but not limited to, an 
                        interest in maximizing income or long- 
                        term capital gain), (II) to the 
                        notification of the trustee of a law or 
                        regulation subsequently applicable to 
                        the reporting individual which 
                        prohibits the interested party from 
                        holding an asset, which notification 
                        directs that the asset not be held by 
                        the trust, or (III) to directions to 
                        the trustee to sell all of an asset 
                        initially placed in the trust by an 
                        interested party which in the 
                        determination of the reporting 
                        individual creates a conflict of 
                        interest or the appearance thereof due 
                        to the subsequent assumption of duties 
                        by the reporting individual (but 
                        nothing herein shall require any such 
                        direction); and
                          (vii) the interested parties shall 
                        make no effort to obtain information 
                        with respect to the holdings of the 
                        trust, including obtaining a copy of 
                        any trust tax return filed or any 
                        information relating thereto except as 
                        otherwise provided in this subsection.
                  (D) Approval by supervising ethics office.--
                The proposed trust instrument and the proposed 
                trustee are approved by the reporting 
                individual's supervising ethics office.
                  (E) Definitions.--For purposes of this 
                subsection, ``interested party'' means a 
                reporting individual, the individual's spouse, 
                and any minor or dependent child; ``broker'' 
                has the meaning set forth in section 3(a)(4) of 
                the Securities Exchange Act of 1934 (15 U.S.C. 
                78c(a) (4)); and ``investment adviser'' 
                includes any investment adviser who, as 
                determined under regulations prescribed by the 
                supervising ethics office, is generally 
                involved in the role as such an adviser in the 
                management or control of trusts.
                  (F) Trust qualified before effective date of 
                title ii of ethics reform act of 1989.--Any 
                trust qualified by a supervising ethics office 
                before the effective date of title II of the 
                Ethics Reform Act of 1989 shall continue to be 
                governed by the law and regulations in effect 
                immediately before such effective date.
          (4) Trust asset considered financial interest.--
                  (A) In general.--An asset placed in a trust 
                by an interested party shall be considered a 
                financial interest of the reporting individual, 
                for the purposes of any applicable conflict of 
                interest statutes, regulations, or rules of the 
                Federal Government (including section 208 of 
                title 18), until such time as the reporting 
                individual is notified by the trustee that such 
                asset has been disposed of, or has a value of 
                less than $1,000.
                  (B) Exception.--
                          (i) The provisions of subparagraph 
                        (A) shall not apply with respect to a 
                        trust created for the benefit of a 
                        reporting individual, or the spouse, 
                        dependent child, or minor child of such 
                        a person, if the supervising ethics 
                        office for such reporting individual 
                        finds that--
                                  (I) the assets placed in the 
                                trust consist of a well-
                                diversified portfolio of 
                                readily marketable securities;
                                  (II) none of the assets 
                                consist of securities of 
                                entities having substantial 
                                activities in the area of the 
                                reporting individual's primary 
                                area of responsibility;
                                  (III) the trust instrument 
                                prohibits the trustee, 
                                notwithstanding the provisions 
                                of paragraphs (3)(C)(iii) and 
                                (iv) of this subsection, from 
                                making public or informing any 
                                interested party of the sale of 
                                any securities;
                                  (IV) the trustee is given 
                                power of attorney, 
                                notwithstanding the provisions 
                                of paragraph (3)(C)(v) of this 
                                subsection, to prepare on 
                                behalf of any interested party 
                                the personal income tax returns 
                                and similar returns which may 
                                contain information relating to 
                                the trust; and
                                  (V) except as otherwise 
                                provided in this paragraph, the 
                                trust instrument provides (or 
                                in the case of a trust 
                                established prior to the 
                                effective date of this Act 
                                which by its terms does not 
                                permit amendment, the trustee, 
                                the reporting individual, and 
                                any other interested party 
                                agree in writing) that the 
                                trust shall be administered in 
                                accordance with the 
                                requirements of this subsection 
                                and the trustee of such trust 
                                meets the requirements of 
                                paragraph (3)(A).
                          (ii) In any instance covered by this 
                        subparagraph in which the reporting 
                        individual is an individual whose 
                        nomination is being considered by a 
                        congressional committee, the reporting 
                        individual shall inform the 
                        congressional committee considering the 
                        individual's nomination before or 
                        during the period of such individual's 
                        confirmation hearing of the 
                        individual's intention to comply with 
                        this paragraph.
          (5) Notification.--
                  (A) Copies.--The reporting individual shall, 
                within 30 days after a qualified blind trust is 
                approved by the individual's supervising ethics 
                office, file with such office a copy of--
                          (i) the executed trust instrument of 
                        such trust (other than those provisions 
                        which relate to the testamentary 
                        disposition of the trust assets); and
                          (ii) a list of the assets which were 
                        transferred to such trust, including 
                        the category of value of each asset as 
                        determined under subsection (d) of this 
                        section.
                This subparagraph shall not apply with respect 
                to a trust meeting the requirements for being 
                considered a qualified blind trust under 
                paragraph (7) of this subsection.
                  (B) Transfer of asset.--The reporting 
                individual shall, within 30 days of 
                transferring an asset (other than cash) to a 
                previously established qualified blind trust, 
                notify the individual's supervising ethics 
                office of the identity of each such asset and 
                the category of value of each asset as 
                determined under subsection (d) of this 
                section.
                  (C) Dissolution.--Within 30 days of the 
                dissolution of a qualified blind trust, a 
                reporting individual shall--
                          (i) notify the individual's 
                        supervising ethics office of such 
                        dissolution; and
                          (ii) file with such office a copy of 
                        a list of the assets of the trust at 
                        the time of such dissolution and the 
                        category of value under subsection (d) 
                        of this section of each such asset.
                  (D) Documents available to public.--Documents 
                filed under subparagraphs (A), (B), and (C) of 
                this paragraph and the lists provided by the 
                trustee of assets placed in the trust by an 
                interested party which have been sold shall be 
                made available to the public in the same manner 
                as a report is made available under section 
                13107 of this title, and the provisions of that 
                section shall apply with respect to such 
                documents and lists.
                  (E) Copy of written communication.--A copy of 
                each written communication with respect to the 
                trust under paragraph (3)(C)(vi) shall be filed 
                by the person initiating the communication with 
                the reporting individual's supervising ethics 
                office within 5 days of the date of the 
                communication.
        (6) Prohibitions.--
                  (A) Trustees.--A trustee of a qualified blind 
                trust shall not knowingly and willfully, or 
                negligently--
                          (i) disclose any information to an 
                        interested party with respect to such 
                        trust that may not be disclosed under 
                        paragraph (3) of this subsection;
                          (ii) acquire any holding the 
                        ownership of which is prohibited by the 
                        trust instrument;
                          (iii) solicit advice from any 
                        interested party with respect to such 
                        trust, which solicitation is prohibited 
                        by paragraph (3) of this subsection or 
                        the trust agreement; or
                          (iv) fail to file any document 
                        required by this subsection.
                  (B) Reporting individuals.--A reporting 
                individual shall not knowingly and willfully, 
                or negligently--
                          (i) solicit or receive any 
                        information with respect to a qualified 
                        blind trust of which the reporting 
                        individual is an interested party that 
                        may not be disclosed under paragraph 
                        (3)(C) of this subsection; or
                          (ii) fail to file any document 
                        required by this subsection.
                  (C) Civil actions for violations.--
                          (i) Knowing and willful violations.--
                        The Attorney General may bring a civil 
                        action in any appropriate United States 
                        district court against any individual 
                        who knowingly and willfully violates 
                        the provisions of subparagraph (A) or 
                        (B) of this paragraph. The court in 
                        which such action is brought may assess 
                        against such individual a civil penalty 
                        in any amount not to exceed $10,000.
                          (ii) Negligent violations.--The 
                        Attorney General may bring a civil 
                        action in any appropriate United States 
                        district court against any individual 
                        who negligently violates the provisions 
                        of subparagraph (A) or (B) of this 
                        paragraph. The court in which such 
                        action is brought may assess against 
                        such individual a civil penalty in any 
                        amount not to exceed $5,000.
          (7) Trust considered to be qualified blind trust.--
        Any trust may be considered to be a qualified blind 
        trust if--
                  (A) the trust instrument is amended to comply 
                with the requirements of paragraph (3) or, in 
                the case of a trust instrument which does not 
                by its terms permit amendment, the trustee, the 
                reporting individual, and any other interested 
                party agree in writing that the trust shall be 
                administered in accordance with the 
                requirements of this subsection and the trustee 
                of such trust meets the requirements of 
                paragraph (3)(A); except that in the case of 
                any interested party who is a dependent child, 
                a parent or guardian of such child may execute 
                the agreement referred to in this subparagraph;
                  (B) a copy of the trust instrument (except 
                testamentary provisions) and a copy of the 
                agreement referred to in subparagraph (A), and 
                a list of the assets held by the trust at the 
                time of approval by the supervising ethics 
                office, including the category of value of each 
                asset as determined under subsection (d) of 
                this section, are filed with such office and 
                made available to the public as provided under 
                paragraph (5)(D) of this subsection; and
                  (C) the supervising ethics office determines 
                that approval of the trust arrangement as a 
                qualified blind trust is in the particular case 
                appropriate to assure compliance with 
                applicable laws and regulations.
          (8) Excepted investment funds.--A reporting 
        individual shall not be required to report the 
        financial interests held by a widely held investment 
        fund (whether such fund is a mutual fund, regulated 
        investment company, pension or deferred compensation 
        plan, or other investment fund)--
                  (A) if--
                          (i) the fund is publicly traded; or
                          (ii) the assets of the fund are 
                        widely diversified; and
                  (B) if the reporting individual neither 
                exercises control over nor has the ability to 
                exercise control over the financial interests 
                held by the fund.
      (g) Political Campaign Funds.--Political campaign funds, 
including campaign receipts and expenditures, need not be 
included in any report filed pursuant to this subchapter.
      (h) Gifts And Reimbursements Received While Individual 
Not Officer or Employee of Federal Government.--A report filed 
pursuant to subsection (a), (d), or (e) of section 13103 of 
this title need not contain the information described in 
subparagraphs (A), (B), and (C) of subsection (a)(2) with 
respect to gifts and reimbursements received in a period when 
the reporting individual was not an officer or employee of the 
Federal Government.
    (i) Non-Reportable Retirement Benefits.--A reporting 
individual shall not be required under this subchapter to 
report--
          (1) financial interests in or income derived from--
                  (A) any retirement system under this title 
                (including the Thrift Savings Plan under 
                subchapter III of chapter 84 of this title); or
                  (B) any other retirement system maintained by 
                the United States for officers or employees of 
                the United States, including the President, or 
                for members of the uniformed services; or
                  (2) benefits received under the Social 
                Security Act (42 U.S.C. 301 et seq.).

Sec. 13105. Filing of Reports

    (a) Reports Filed With Designated Agency Ethics Official.-- 
Except as otherwise provided in this section, the reports 
required under this subchapter shall be filed by the reporting 
individual with the designated agency ethics official at the 
agency by which the reporting individual is employed (or in the 
case of an individual described in section 13103(e) of this 
title, was employed) or in which the individual will serve. The 
date any report is received (and the date of receipt of any 
supplemental report) shall be noted on such report by the 
designated agency ethics official.
    (b) Reports Filed With Director of Office of Government 
Ethics.--The President, the Vice President, and independent 
counsel and persons appointed by independent counsel under 
chapter 40 of title 28, shall file reports required under this 
subchapter with the Director of the Office of Government 
Ethics.
    (c) Copies of Reports Transmitted to the Office of 
Government Ethics.--Copies of the reports required to be filed 
under this subchapter by the Postmaster General, the Deputy 
Postmaster General, the Governors of the Board of Governors of 
the United States Postal Service, designated agency ethics 
officials, employees described in section 105(a)(2)(A) or (B), 
106(a) (1)(A) or (B), or 107(a)(1)(A) or (b)(1)(A)(i) of title 
3, candidates for the office of President or Vice President and 
officers and employees in (and nominees to) offices or 
positions which require confirmation by the Senate or by both 
Houses of Congress other than individuals nominated to be 
judicial officers and those referred to in subsection (f) shall 
be transmitted to the Director of the Office of Government 
Ethics. The Director shall forward a copy of the report of each 
nominee to the congressional committee considering the 
nomination.
    (d) Availability to Public.--Reports required to be filed 
under this subchapter by the Director of the Office of 
Government Ethics shall be filed in the Office of Government 
Ethics and, immediately after being filed, shall be made 
available to the public in accordance with this subchapter.
    (e) Reports Filed With Federal Election Commission.--Each 
individual identified in section 13103(c) of this title who is 
a candidate for nomination or election to the Office of 
President or Vice President shall file the reports required by 
this subchapter with the Federal Election Commission.
    (f) Reports Filed With Secretary Concerned.--Reports 
required of members of the uniformed services shall be filed 
with the Secretary concerned.
    (g) Forms for Reporting.--Each supervising ethics office 
shall develop and make available forms for reporting the 
information required by this subchapter.
    (h) Reports Filed by Certain Government Officials.--
          (1) Officials with whom reports are filed.--
                  (A) Reports by members and staff of 
                congress.--
                          (i) In general.--
                                  (I) Reports filed with clerk 
                                of the house of 
                                representatives.--The reports 
                                required under this subchapter 
                                shall be filed by a reporting 
                                individual with the Clerk of 
                                the House of Representatives, 
                                in the case of a Representative 
                                in Congress, a Delegate to 
                                Congress, the Resident 
                                Commissioner from Puerto Rico, 
                                an officer or employee of the 
                                Congress whose compensation is 
                                disbursed by the Chief 
                                Administrative Officer of the 
                                House of Representatives, an 
                                officer or employee of the 
                                Architect of the Capitol, the 
                                United States Capitol Police, 
                                the United States Botanic 
                                Garden, the Congressional 
                                Budget Office, the Government 
                                Publishing Office, the Library 
                                of Congress, or the Copyright 
                                Royalty Tribunal (including any 
                                individual terminating service, 
                                under section 13103(e) of this 
                                title, in any office or 
                                position referred to in this 
                                subclause), or an individual 
                                described in section 13103(c) 
                                of this title who is a 
                                candidate for nomination or 
                                election as a Representative in 
                                Congress, a Delegate to 
                                Congress, or the Resident 
                                Commissioner from Puerto Rico.
                                  (II) Reports filed with 
                                secretary of the senate.--The 
                                reports required under this 
                                subchapter shall be filed by a 
                                reporting individual with the 
                                Secretary of the Senate, in the 
                                case of a Senator, an officer 
                                or employee of the Congress 
                                whose compensation is disbursed 
                                by the Secretary of the Senate, 
                                an officer or employee of the 
                                Government Accountability 
                                Office, the Office of 
                                Technology Assessment, or the 
                                Office of the Attending 
                                Physician (including any 
                                individual terminating service, 
                                under section 13103(e) of this 
                                title, in any office or 
                                position referred to in this 
                                subclause), or an individual 
                                described in section 13103(c) 
                                of this title who is a 
                                candidate for nomination or 
                                election as a Senator.
                          (ii) Other reports.--In the case of 
                        an officer or employee of the Congress 
                        as described under section 13103(f)(10) 
                        of this title who is employed by an 
                        agency or commission established in the 
                        legislative branch after November 30, 
                        1989, the reports required under this 
                        subchapter shall be filed by a 
                        reporting individual with--
                                  (I) the Secretary of the 
                                Senate or the Clerk of the 
                                House of Representatives, as 
                                the case may be, as designated 
                                in the statute establishing 
                                such agency or commission; or
                                  (II) if such statute does not 
                                designate such committee, the 
                                Secretary of the Senate for 
                                agencies and commissions 
                                established in even numbered 
                                calendar years, and the Clerk 
                                of the House of Representatives 
                                for agencies and commissions 
                                established in odd numbered 
                                calendar years.
                  (B) Reports filed with judicial conference.--
                The reports required under this subchapter 
                shall be filed by a reporting individual with 
                the Judicial Conference with regard to a 
                judicial officer or employee described under 
                paragraphs (11) and (12) of section 13103(f) of 
                this title (including individuals terminating 
                service in such office or position under 
                section 13103(e) of this title or immediately 
                preceding service in such office or position).
          (2) Date report received.--The date any report is 
        received (and the date of receipt of any supplemental 
        report) shall be noted on such report by such 
        committee.
    (i) Copies of Reports to State Officers.--
          (1) In general.--A copy of each report filed under 
        this subchapter by a Member or an individual who is a 
        candidate for the office of Member shall be sent by the 
        Clerk of the House of Representatives or Secretary of 
        the Senate, as the case may be, to the appropriate 
        State officer designated under section 312(a) of the 
        Federal Election Campaign Act of 1971 (52 U.S.C. 
        30113(a)) of the State represented by the Member or in 
        which the individual is a candidate, as the case may 
        be, within the 30-day period beginning on the day the 
        report is filed with the Clerk or Secretary.
          (2) Exception for electronically filed reports.--The 
        requirements of paragraph (1) do not apply to any 
        report filed under this subchapter which is filed 
        electronically and for which there is online public 
        access, in accordance with the systems developed by the 
        Secretary and Sergeant at Arms of the Senate and the 
        Clerk of the House of Representatives under section 
        8(b) of the STOCK Act.
    (j) Copies of Reports to Ethics Committees.--
          (1) House of representatives.--A copy of each report 
        filed under this subchapter with the Clerk of the House 
        of Representatives shall be sent by the Clerk to the 
        Committee on Ethics of the House of Representatives 
        within the 7-day period beginning on the day the report 
        is filed.
          (2) Senate.--A copy of each report filed under this 
        subchapter with the Secretary of the Senate shall be 
        sent by the Secretary to the Select Committee on Ethics 
        of the Senate within the 7-day period beginning on the 
        day the report is filed.
    (k) Assistance of Federal Election Commission.--In carrying 
out their responsibilities under this subchapter with respect 
to candidates for office, the Clerk of the House of 
Representatives and the Secretary of the Senate shall avail 
themselves of the assistance of the Federal Election 
Commission. The Commission shall make available to the Clerk 
and the Secretary on a regular basis a complete list of names 
and addresses of all candidates registered with the Commission, 
and shall cooperate and coordinate its candidate information 
and notification program with the Clerk and the Secretary to 
the greatest extent possible.
    (l) Periodic Transaction Reports.--Not later than 30 days 
after receiving notification of any transaction required to be 
reported under section 13104(a)(5)(B of this title, but in no 
case later than 45 days after such transaction, the following 
persons, if required to file a report under any subsection of 
section 13103 of this title, subject to any waivers and 
exclusions, shall file a report of the transaction:
          (1) The President.
          (2) The Vice President.
          (3) Each officer or employee in the executive branch, 
        including a special Government employee as defined in 
        section 202 of title 18, who occupies a position 
        classified above GS-15 of the General Schedule or, in 
        the case of positions not under the General Schedule, 
        for which the rate of basic pay is equal to or greater 
        than 120 percent of the minimum rate of basic pay 
        payable for GS--15 of the General Schedule; each member 
        of a uniformed service whose pay grade is at or in 
        excess of O-7 under section 201 of title 37; and each 
        officer or employee in any other position determined by 
        the Director of the Office of Government Ethics to be 
        of equal classification.
          (4) Each employee appointed pursuant to section 3105 
        of this title.
          (5) Any employee not described in paragraph (3) who 
        is in a position in the executive branch which is 
        excepted from the competitive service by reason of 
        being of a confidential or policymaking character, 
        except that the Director of the Office of Government 
        Ethics may, by regulation, exclude from the application 
        of this paragraph any individual, or group of 
        individuals, who are in such positions, but only in 
        cases in which the Director determines such exclusion 
        would not affect adversely the integrity of the 
        Government or the public's confidence in the integrity 
        of the Government.
          (6) The Postmaster General, the Deputy Postmaster 
        General, each Governor of the Board of Governors of the 
        United States Postal Service and each officer or 
        employee of the United States Postal Service or Postal 
        Regulatory Commission who occupies a position for which 
        the rate of basic pay is equal to or greater than 120 
        percent of the minimum rate of basic pay payable for 
        GS-15 of the General Schedule.
          (7) The Director of the Office of Government Ethics 
        and each designated agency ethics official.
          (8) Any civilian employee not described in paragraph 
        (3), employed in the Executive Office of the President 
        (other than a special Government employee as defined in 
        section 202 of title 18) who holds a commission of 
        appointment from the President.
          (9) A Member of Congress, as defined under section 
        13101 of this title.
          (10) An officer or employee of the Congress, as 
        defined under section 13101 of this title.

Sec. 13106. Failure to File or Filing False Reports

    (a) Violation.--
          (1) Civil actions.--The Attorney General may bring a 
        civil action in any appropriate United States district 
        court against any individual who knowingly and 
        willfully falsifies or who knowingly and willfully 
        fails to file or report any information that such 
        individual is required to report pursuant to section 
        13104 of this title. The court in which such action is 
        brought may assess against such individual a civil 
        penalty in any amount, not to exceed $50,000.
          (2) Violations and penalties.--
                  (A) Violations.--It shall be unlawful for any 
                person to knowingly and willfully--
                          (i) falsify any information that such 
                        person is required to report under 
                        section 13104 of this title; and
                          (ii) fail to file or report any 
                        information that such person is 
                        required to report under section 13104 
                        of this title.
                (B) Penalties.--Any person who--
                          (i) violates subparagraph (A)(i) 
                        shall be fined under title 18, 
                        imprisoned for not more than 1 year, or 
                        both; and
                          (ii) violates subparagraph (A)(ii) 
                        shall be fined under title 18.
    (b) Referral to Attorney General.--The head of each agency, 
each Secretary concerned, the Director of the Office of 
Government Ethics, each congressional ethics committee, or the 
Judicial Conference, as the case may be, shall refer to the 
Attorney General the name of any individual which such official 
or committee has reasonable cause to believe has willfully 
failed to file a report or has willfully falsified or willfully 
failed to file information required to be reported. Whenever 
the Judicial Conference refers a name to the Attorney General 
under this subsection, the Judicial Conference also shall 
notify the judicial council of the circuit in which the named 
individual serves of the referral.
    (c) Personnel Action.--The President, the Vice President, 
the Secretary concerned, the head of each agency, the Office of 
Personnel Management, a congressional ethics committee, and the 
Judicial Conference, may take any appropriate personnel or 
other action in accordance with applicable law or regulation 
against any individual failing to file a report or falsifying 
or failing to report information required to be reported.
    (d) Late Fees.--
          (1) In general.--Any individual who files a report 
        required to be filed under this subchapter more than 30 
        days after the later of--
                  (A) the date such report is required to be 
                filed pursuant to the provisions of this 
                subchapter and the rules and regulations 
                promulgated under this subchapter; or
                  (B) if a filing extension is granted to such 
                individual under section 13103(g) of this 
                title, the last day of the filing extension 
                period,
        shall, at the direction of and pursuant to regulations 
        issued by the supervising ethics office, pay a filing 
        fee of $200. All such fees shall be deposited in the 
        miscellaneous receipts of the Treasury. The authority 
        under this paragraph to direct the payment of a filing 
        fee may be delegated by the supervising ethics office 
        in the executive branch to other agencies in the 
        executive branch.
          (2) Waiver.--The supervising ethics office may waive 
        the filing fee under this subsection in extraordinary 
        circumstances.

Sec. 13107. Custody of and Public Access to Reports

    (a) Availability of Reports to Public.--Each agency, each 
supervising ethics office in the executive or judicial branch, 
the Clerk of the House of Representatives, and the Secretary of 
the Senate shall make available to the public, in accordance 
with subsection (b), each report filed under this subchapter 
with such agency or office or with the Clerk or the Secretary 
of the Senate, except that--
          (1) this section does not require public availability 
        of a report filed by any individual in the Office of 
        the Director of National Intelligence, the Central 
        Intelligence Agency, the Defense Intelligence Agency, 
        the National Geospatial-Intelligence Agency, or the 
        National Security Agency, or any individual engaged in 
        intelligence activities in any agency of the United 
        States, if the President finds or has found that, due 
        to the nature of the office or position occupied by 
        such individual, public disclosure of such report 
        would, by revealing the identity of the individual or 
        other sensitive information, compromise the national 
        interest of the United States; and such individuals may 
        be authorized, notwithstanding section 13106(a) of this 
        title, to file such additional reports as are necessary 
        to protect their identity from public disclosure if the 
        President first finds or has found that such filing is 
        necessary in the national interest; and
          (2) any report filed by an independent counsel whose 
        identity has not been disclosed by the division of the 
        court under chapter 40 of title 28, and any report 
        filed by any person appointed by that independent 
        counsel under such chapter, shall not be made available 
        to the public under this subchapter.
    (b) Inspection of Reports.--
          (1) In general.--Except as provided in the second 
        sentence of this subsection, each agency, each 
        supervising ethics office in the executive or judicial 
        branch, the Clerk of the House of Representatives, and 
        the Secretary of the Senate shall, within 30 days after 
        any report is received under this subchapter by such 
        agency or office or by the Clerk or the Secretary of 
        the Senate, as the case may be, permit inspection of 
        such report by or furnish a copy of such report to any 
        person requesting such inspection or copy. With respect 
        to any report required to be filed by May 15 of any 
        year, such report shall be made available for public 
        inspection within 30 calendar days after May 15 of such 
        year or within 30 days of the date of filing of such a 
        report for which an extension is granted pursuant to 
        section 13103(g) of this title. The agency, office, 
        Clerk, or Secretary of the Senate, as the case may be, 
        may require a reasonable fee to be paid in any amount 
        which is found necessary to recover the cost of 
        reproduction or mailing of such report excluding any 
        salary of any employee involved in such reproduction or 
        mailing. A copy of such report may be furnished without 
        charge or at a reduced charge if it is determined that 
        waiver or reduction of the fee is in the public 
        interest.
          (2) Procedure for requesting reports.--
        Notwithstanding paragraph (1), a report may not be made 
        available under this section to any person nor may any 
        copy of the report be provided under this section to 
        any person except upon a written application by such 
        person stating--
                  (A) that person's name, occupation, and 
                address;
                  (B) the name and address of any other person 
                or organization on whose behalf the inspection 
                or copy is requested; and
                  (C) that such person is aware of the 
                prohibitions on the obtaining or use of the 
                report.
        Any such application shall be made available to the 
        public throughout the period during which the report is 
        made available to the public.
          (3) Judicial employees and Officers.--
                  (A) In general.--This section does not 
                require the immediate and unconditional 
                availability of reports filed by an individual 
                described in paragraph (9) or (10) of section 
                13101 of this title if a finding is made by the 
                Judicial Conference, in consultation with the 
                United States Marshals Service, that revealing 
                personal and sensitive information could 
                endanger that individual or a family member of 
                that individual.
                  (B) Redaction.--A report may be redacted 
                pursuant to this paragraph only--
                          (i) to the extent necessary to 
                        protect the individual who filed the 
                        report or a family member of that 
                        individual; and
                          (ii) for as long as the danger to 
                        such individual exists.
                  (C) Redaction report.--The Administrative 
                Office of the United States Courts shall submit 
                to the Committees on the Judiciary of the House 
                of Representatives and of the Senate and the 
                Senate Committee on Homeland Security and 
                Governmental Affairs and the House Committee on 
                Oversight and Reform an annual report with 
                respect to the operation of this paragraph 
                including--
                          (i) the total number of reports 
                        redacted pursuant to this paragraph;
                          (ii) the total number of individuals 
                        whose reports have been redacted 
                        pursuant to this paragraph;
                          (iii) the types of threats against 
                        individuals whose reports are redacted, 
                        if appropriate;
                          (iv) the nature or type of 
                        information redacted;
                          (v) what steps or procedures are in 
                        place to ensure that sufficient 
                        information is available to litigants 
                        to determine if there is a conflict of 
                        interest;
                          (vi) principles used to guide 
                        implementation of redaction authority; 
                        and
                          (vii) any public complaints received 
                        relating to redaction.
                  (D) Regulations.--The Judicial Conference, in 
                consultation with the Department of Justice, 
                shall issue regulations setting forth the 
                circumstances under which redaction is 
                appropriate under this paragraph and the 
                procedures for redaction.
                  (E) Expiration of paragraph.--This paragraph 
                shall expire on December 31, 2027, and apply to 
                filings through calendar year 2027.
    (c) Prohibited Uses of Reports.--
          (1) In general.--It shall be unlawful for any person 
        to obtain or use a report--
                  (A) for any unlawful purpose;
                  (B) for any commercial purpose, other than by 
                news and communications media for dissemination 
                to the general public;
                  (C) for determining or establishing the 
                credit rating of any individual; or
                  (D) for use, directly or indirectly, in the 
                solicitation of money for any political, 
                charitable, or other purpose.
          (2) Civil actions.--The Attorney General may bring a 
        civil action against any person who obtains or uses a 
        report for any purpose prohibited in paragraph (1) of 
        this subsection. The court in which such action is 
        brought may assess against such person a penalty in any 
        amount not to exceed $10,000. Such remedy shall be in 
        addition to any other remedy available under statutory 
        or common law.
    (d) Retention of Reports.--
          (1) In general.--Any report filed with or transmitted 
        to an agency or supervising ethics office or to the 
        Clerk of the House of Representatives or the Secretary 
        of the Senate pursuant to this subchapter shall be 
        retained by such agency or office or by the Clerk of 
        the House of Representatives or the Secretary of the 
        Senate, as the case may be.
          (2) Public availability.--Such report shall be made 
        available to the public--
                  (A) in the case of a Member of Congress, 
                until a date that is 6 years from the date the 
                individual ceases to be a Member of Congress; 
                and
                  (B) in the case of all other reports filed 
                pursuant to this subchapter, for a period of 6 
                years after receipt of the report.
          (3) Destruction of reports.--After the relevant time 
        period identified under paragraph (2), the report shall 
        be destroyed unless needed in an ongoing investigation, 
        except that in the case of an individual who filed the 
        report pursuant to section 13103(b) of this title and 
        was not subsequently confirmed by the Senate, or who 
        filed the report pursuant to section 13103(c) of this 
        title and was not subsequently elected, such reports 
        shall be destroyed 1 year after the individual either 
        is no longer under consideration by the Senate or is no 
        longer a candidate for nomination or election to the 
        Office of President, Vice President, or as a Member of 
        Congress, unless needed in an ongoing investigation or 
        inquiry.

Sec. 13108. Review of Reports

    (a) Time for Review.--
          (1) Executive branch.--Each designated agency ethics 
        official or Secretary concerned shall make provisions 
        to ensure that each report filed with the designated 
        agency ethics official or Secretary under this 
        subchapter is reviewed within 60 days after the date of 
        such filing, except that the Director of the Office of 
        Government Ethics shall review only those reports 
        required to be transmitted to the Director of the 
        Office of Government Ethics under this subchapter 
        within 60 days after the date of transmittal.
          (2) Congressional ethics committee and judicial 
        conference.--Each congressional ethics committee and 
        the Judicial Conference shall make provisions to ensure 
        that each report filed under this subchapter is 
        reviewed within 60 days after the date of such filing.
    (b) Results of Review.--
          (1) Compliance.--If after reviewing any report under 
        subsection (a), the Director of the Office of 
        Government Ethics, the Secretary concerned, the 
        designated agency ethics official, a person designated 
        by the congressional ethics committee, or a person 
        designated by the Judicial Conference, as the case may 
        be, is of the opinion that on the basis of information 
        contained in such report the individual submitting such 
        report is in compliance with applicable laws and 
        regulations, he or she shall state such opinion on the 
        report, and shall sign such report.
          (2) Additional information required or possible 
        noncompliance.--If the Director of the Office of 
        Government Ethics, the Secretary concerned, the 
        designated agency ethics official, a person designated 
        by the congressional ethics committee, or a person 
        designated by the Judicial Conference, after reviewing 
        any report under subsection (a)--
                  (A) believes additional information is 
                required to be submitted, he or she shall 
                notify the individual submitting such report 
                what additional information is required and the 
                time by which it must be submitted; or
                  (B) is of the opinion, on the basis of 
                information submitted, that the individual is 
                not in compliance with applicable laws and 
                regulations, he or she shall notify the 
                individual, afford a reasonable opportunity for 
                a written or oral response, and after 
                consideration of such response, reach an 
                opinion as to whether or not, on the basis of 
                information submitted, the individual is in 
                compliance with such laws and regulations.
          (3) Noncompliance and notification of steps to assure 
        compliance.--If the Director of the Office of 
        Government Ethics, the Secretary concerned, the 
        designated agency ethics official, a person designated 
        by a congressional ethics committee, or a person 
        designated by the Judicial Conference, reaches an 
        opinion under paragraph (2)(B) that an individual is 
        not in compliance with applicable laws and regulations, 
        the official or committee shall notify the individual 
        of that opinion and, after an opportunity for personal 
        consultation (if practicable), determine and notify the 
        individual of which steps, if any, would in the opinion 
        of such official or committee be appropriate for 
        assuring compliance with such laws and regulations and 
        the date by which such steps should be taken. Such 
        steps may include, as appropriate--
                  (A) divestiture;
                  (B) restitution;
                  (C) the establishment of a blind trust;
                  (D) request for an exemption under section 
                208(b) of title 18; or
                  (E) voluntary request for transfer, 
                reassignment, limitation of duties, or 
                resignation.
        The use of any such steps shall be in accordance with 
        such rules or regulations as the supervising ethics 
        office may prescribe.
          (4) Referral of individuals in positions requiring 
        senate confirmation.--If steps for assuring compliance 
        with applicable laws and regulations are not taken by 
        the date set under paragraph (3) by an individual in a 
        position in the executive branch (other than in the 
        Foreign Service or the uniformed services), appointment 
        to which requires the advice and consent of the Senate, 
        the matter shall be referred to the President for 
        appropriate action.
          (5) Referral of member of foreign service or 
        uniformed services.--If steps for assuring compliance 
        with applicable laws and regulations are not taken by 
        the date set under paragraph (3) by a member of the 
        Foreign Service or the uniformed services, the 
        Secretary oncerned shall take appropriate action.
          (6) Referral of other officers or employees.--If 
        steps for assuring compliance with applicable laws and 
        regulations are not taken by the date set under 
        paragraph (3) by any other officer or employee, the 
        matter shall be referred to the head of the appropriate 
        agency, the congressional ethics committee, or the 
        Judicial Conference, for appropriate action, except 
        that in the case of the Postmaster General or Deputy 
        Postmaster General, the Director of the Office of 
        Government Ethics shall recommend to the Governors of 
        the Board of Governors of the United States Postal 
        Service the action to be taken.
          (7) Advisory opinions.--Each supervising ethics 
        office may render advisory opinions interpreting this 
        subchapter within its respective jurisdiction. 
        Notwithstanding any other provision of law, the 
        individual to whom a public advisory opinion is 
        rendered in accordance with this paragraph, and any 
        other individual covered by this subchapter who is 
        involved in a fact situation which is indistinguishable 
        in all material aspects, and who acts in good faith in 
        accordance with the provisions and findings of such 
        advisory opinion shall not, as a result of such act, be 
        subject to any penalty or sanction provided by this 
        subchapter.

Sec. 13109. Confidential Reports and Other Additional Requirements

    (a) In General.--
          (1) Authority to require confidential financial 
        disclosure reports.--Each supervising ethics office may 
        require officers and employees under its jurisdiction 
        (including special Government employees as defined in 
        section 202 of title 18) to file confidential financial 
        disclosure reports, in such form as the supervising 
        ethics office may prescribe. The information required 
        to be reported under this subsection by the officers 
        and employees of any department or agency shall be set 
        forth in rules or regulations prescribed by the 
        supervising ethics office, and may be less extensive 
        than otherwise required by this subchapter, or more 
        extensive when determined by the supervising ethics 
        office to be necessary and appropriate in light of 
        sections 202 through 209 of title 18, regulations 
        promulgated under those sections, or the authorized 
        activities of such officers or employees. Any 
        individual required to file a report pursuant to 
        section 13103 of this title shall not be required to 
        file a confidential report pursuant to this subsection, 
        except with respect to information which is more 
        extensive than information otherwise required by this 
        subchapter. Subsections (a), (b), and (d) of section 
        13107 of this title shall not apply with respect to any 
        such report.
          (2) Confidentiality.--Any information required to be 
        provided by an individual under this subsection shall 
        be confidential and shall not be disclosed to the 
        public.
          (3) No exemption from other reporting requirements.-- 
        Nothing in this subsection exempts any individual 
        otherwise covered by the requirement to file a public 
        financial disclosure report under this subchapter from 
        such requirement.
    (b) Preemption.--The provisions of this subchapter 
requiring the reporting of information shall supersede any 
general requirement under any other provision of law or 
regulation with respect to the reporting of information 
required for purposes of preventing conflicts of interest or 
apparent conflicts of interest. Such provisions of this 
subchapter shall not supersede the requirements of section 7342 
of this title.
    (c) No Authorization for Activity Otherwise Prohibited.-- 
Nothing in this chapter requiring reporting of information 
shall be deemed to authorize the receipt of income, gifts, or 
reimbursements; the holding of assets, liabilities, or 
positions; or the participation in transactions that are 
prohibited by law, Executive order, rule, or regulation.

Sec. 13110. Authority of Comptroller General

    (a) Access to Financial Disclosure Reports.--The 
Comptroller General shall have access to financial disclosure 
reports filed under this subchapter for the purposes of 
carrying out the Comptroller General's statutory 
responsibilities.
    (b) Studies.--Not later than December 31, 1992, and 
regularly thereafter, the Comptroller General shall conduct a 
study to determine whether the provisions of this subchapter 
are being carried out effectively.

Sec. 13111. Notice of Actions Taken To Comply With Ethics Agreements

    (a) In General.--In any case in which an individual agrees 
with that individual's designated agency ethics official, the 
Office of Government Ethics, a Senate confirmation committee, a 
congressional ethics committee, or the Judicial Conference, to 
take any action to comply with this chapter or any other law or 
regulation governing conflicts of interest of, or establishing 
standards of conduct applicable with respect to, officers or 
employees of the Government, that individual shall notify in 
writing the designated agency ethics official, the Office of 
Government Ethics, the appropriate committee of the Senate, the 
congressional ethics committee, or the Judicial Conference, as 
the case may be, of any action taken by the individual pursuant 
to that agreement. Such notification shall be made not later 
than the date specified in the agreement by which action by the 
individual must be taken, or not later than 3 months after the 
date of the agreement, if no date for action is so specified.
    (b) Recusal.--If an agreement described in subsection (a) 
requires that the individual recuse himself or herself from 
particular categories of agency or other official action, the 
individual shall reduce to writing those subjects regarding 
which the recusal agreement will apply and the process by which 
it will be determined whether the individual must recuse 
himself or herself in a specific instance. An individual shall 
be considered to have complied with the requirements of 
subsection (a) with respect to such recusal agreement if such 
individual files a copy of the document setting forth the 
information described in the preceding sentence with such 
individual's designated agency ethics official or the 
appropriate supervising ethics office within the time 
prescribed in the last sentence of subsection (a).

               Subchapter II--Office of Government Ethics

Sec. 13121. Establishment; Appointment of Director 

    (a) Establishment.--There is established an executive 
agency to be known as the Office of Government Ethics.
    (b) Director.--There shall be at the head of the Office of 
Government Ethics a Director (hereinafter referred to as the 
``Director''), who shall be appointed by the President, by and 
with the advice and consent of the Senate. Effective with 
respect to any individual appointed or reappointed by the 
President as Director on or after October 1, 1983, the term of 
service of the Director shall be 5 years.
    (c) Authority of Director.--The Director may--
          (1) appoint officers and employees, including 
        attorneys, in accordance with chapter 51 and subchapter 
        III of chapter 53 of this title; and
          (2) contract for financial and administrative 
        services (including those related to budget and 
        accounting, financial reporting, personnel, and 
        procurement) with the General Services Administration, 
        or such other Federal agency as the Director determines 
        appropriate, for which payment shall be made in 
        advance, or by reimbursement, from funds of the Office 
        of Government Ethics in such amounts as may be agreed 
        upon by the Director and the head of the agency 
        providing such services.
        Contract authority under paragraph (2) shall be 
        effective for any fiscal year only to the extent that 
        appropriations are available for that purpose.

Sec. 13122. Authority and Functions

    (a) Overall Direction of Executive Branch Policies Relating 
to Prevention of Conflicts of Interest.--The Director shall 
provide, in consultation with the Office of Personnel 
Management, overall direction of executive branch policies 
related to preventing conflicts of interest on the part of 
officers and employees of any executive agency, as defined in 
section 105 of this title.
    (b) Responsibilities of Director.--The responsibilities of 
the Director shall include--
          (1) developing, in consultation with the Attorney 
        General and the Office of Personnel Management, rules 
        and regulations to be promulgated by the President or 
        the Director pertaining to conflicts of interest and 
        ethics in the executive branch, including rules and 
        regulations establishing procedures for the filing, 
        review, and public availability of financial statements 
        filed by officers and employees in the executive branch 
        as required by subchapter I;
          (2) developing, in consultation with the Attorney 
        General and the Office of Personnel Management, rules 
        and regulations to be promulgated by the President or 
        the Director pertaining to the identification and 
        resolution of conflicts of interest;
          (3) monitoring and investigating compliance with the 
        public financial disclosure requirements of subchapter 
        I by officers and employees of the executive branch and 
        executive agency officials responsible for receiving, 
        reviewing, and making available financial statements 
        filed pursuant to subchapter I;
          (4) conducting a review of financial statements to 
        determine whether such statements reveal possible 
        violations of applicable conflict of interest laws or 
        regulations and recommending appropriate action to 
        correct any conflict of interest or ethical problems 
        revealed by such review;
          (5) monitoring and investigating individual and 
        agency compliance with any additional financial 
        reporting and internal review requirements established 
        by law for the executive branch;
          (6) interpreting rules and regulations issued by the 
        President or the Director governing conflict of 
        interest and ethical problems and the filing of 
        financial statements;
          (7) consulting, when requested, with agency ethics 
        counselors and other responsible officials regarding 
        the resolution of conflict of interest problems in 
        individual cases;
          (8) establishing a formal advisory opinion service 
        whereby advisory opinions are rendered on matters of 
        general applicability or on important matters of first 
        impression after, to the extent practicable, providing 
        interested parties with an opportunity to transmit 
        written comments with respect to the request for such 
        advisory opinion, and whereby such advisory opinions 
        are compiled, published, and made available to agency 
        ethics counselors and the public;
          (9) ordering corrective action on the part of 
        agencies and employees which the Director deems 
        necessary;
          (10) requiring such reports from executive agencies 
        as the Director deems necessary;
          (11) assisting the Attorney General in evaluating the 
        effectiveness of the conflict of interest laws and in 
        recommending appropriate amendments;
          (12) evaluating, with the assistance of the Attorney 
        General and the Office of Personnel Management, the 
        need for changes in rules and regulations issued by the 
        Director and the agencies regarding conflict of 
        interest and ethical problems, with a view toward 
        making such rules and regulations consistent with and 
        an effective supplement to the conflict of interest 
        laws;
          (13) cooperating with the Attorney General in 
        developing an effective system for reporting 
        allegations of violations of the conflict of interest 
        laws to the Attorney General, as required by section 
        535 of title 28;
          (14) providing information on and promoting 
        understanding of ethical standards in executive 
        agencies; and
          (15) developing, in consultation with the Office of 
        Personnel Management, and promulgating such rules and 
        regulations as the Director determines necessary or 
        desirable with respect to the evaluation of any item 
        required to be reported by subchapter I.
    (c) Consultation.--In the development of policies, rules, 
regulations, procedures, and forms to be recommended, 
authorized, or prescribed by the Director, the Director shall 
consult when appropriate with the executive agencies affected 
and with the Attorney General.
    (d) Established Written Procedures.--
          (1) In general.--The Director shall, by the exercise 
        of any authority otherwise available to the Director 
        under this subchapter, ensure that each executive 
        agency has established written procedures relating to 
        how the agency is to collect, review, evaluate, and, if 
        applicable, make publicly available, financial 
        disclosure statements filed by any of its officers or 
        employees.
          (2) Conformance with applicable requirements.--In 
        carrying out paragraph (1), the Director shall ensure 
        that each agency's procedures are in conformance with 
        all applicable requirements, whether established by 
        law, rule, regulation, or Executive order.
    (e) Reports From Executive Agencies.--In carrying out 
subsection (b)(10), the Director shall prescribe regulations 
under which--
          (1) each executive agency shall be required to submit 
        to the Office an annual report containing--
                  (A) a description and evaluation of the 
                agency's ethics program, including any 
                educational, counseling, or other services 
                provided to officers and employees, in effect 
                during the period covered by the report;
                  (B) the position title and duties of--
                          (i) each official who was designated 
                        by the agency head to have primary 
                        responsibility for the administration, 
                        coordination, and management of the 
                        agency's ethics program during any 
                        portion of the period covered by the 
                        report; and
                          (ii) each officer or employee who was 
                        designated to serve as an alternate to 
                        the official having primary 
                        responsibility during any portion of 
                        such period; and
                  (C) any other information that the Director 
                may require in order to carry out the 
                responsibilities of the Director under this 
                subchapter; and
          (2) each executive agency shall be required to inform 
        the Director upon referral of any alleged violation of 
        Federal conflict of interest law to the Attorney 
        General pursuant to section 535 of title 28, except 
        that nothing under this paragraph shall require any 
        notification or disclosure which would otherwise be 
        prohibited by law.
    (f) Corrective Actions.--
          (1) Executive agencies.--In carrying out subsection 
        (b)(9) with respect to executive agencies, the 
        Director--
                  (A) may--
                          (i) order specific corrective action 
                        on the part of an agency based on the 
                        failure of such agency to establish a 
                        system for the collection, filing, 
                        review, and, when applicable, public 
                        inspection of financial disclosure 
                        statements, in accordance with 
                        applicable requirements, or to modify 
                        an existing system in order to meet 
                        applicable requirements; or
                          (ii) order specific corrective action 
                        involving the establishment or 
                        modification of an agency ethics 
                        program (other than with respect to any 
                        matter under clause (i)) in accordance 
                        with applicable requirements; and
                  (B) shall, if an agency has not complied with 
                an order under subparagraph (A) within a 
                reasonable period of time, notify the President 
                and the Congress of the agency's noncompliance 
                in writing (including, with the notification, 
                any written comments which the agency may 
                provide).
          (2) Individual officers and employees.--
                  (A) In general.--In carrying out subsection 
                (b)(9) with respect to individual officers and 
                employees--
                          (i) the Director may make such 
                        recommendations and provide such advice 
                        to such officers and employees as the 
                        Director considers necessary to ensure 
                        compliance with rules, regulations, and 
                        Executive orders relating to conflicts 
                        of interest or standards of conduct;
                          (ii) if the Director has reason to 
                        believe that an officer or employee is 
                        violating, or has violated, any rule, 
                        regulation, or Executive order relating 
                        to conflicts of interest or standards 
                        of conduct, the Director--
                                  (I) may recommend to the head 
                                of the officer's or employee's 
                                agency that such agency head 
                                investigate the possible 
                                violation and, if the agency 
                                head finds such a violation, 
                                that such agency head take any 
                                appropriate disciplinary action 
                                (such as reprimand, suspension, 
                                demotion, or dismissal) against 
                                the officer or employee, except 
                                that, if the officer or 
                                employee involved is the agency 
                                head, any such recommendation 
                                shall instead be submitted to 
                                the President; and
                                  (II) shall notify the 
                                President in writing if the 
                                Director determines that the 
                                head of an agency has not 
                                conducted an investigation 
                                pursuant to subclause (I) 
                                within a reasonable time after 
                                the Director recommends such 
                                action;
                          (iii) if the Director finds that an 
                        officer or employee is violating any 
                        rule, regulation, or Executive order 
                        relating to conflicts of interest or 
                        standards of conduct, the Director--
                                  (I) may order the officer or 
                                employee to take specific 
                                action (such as divestiture, 
                                recusal, or the establishment 
                                of a blind trust) to end such 
                                violation; and
                                  (II) shall, if the officer or 
                                employee has not complied with 
                                the order under subclause (I) 
                                within a reasonable period of 
                                time, notify, in writing, the 
                                head of the officer's or 
                                employee's agency of the 
                                officer's or employee's 
                                noncompliance, except that, if 
                                the officer or employee 
                                involved is the agency head, 
                                the notification shall instead 
                                be submitted to the President; 
                                and
                          (iv) if the Director finds that an 
                        officer or employee is violating, or 
                        has violated, any rule, regulation, or 
                        Executive order relating to conflicts 
                        of interest or standards of conduct, 
                        the Director--
                                  (I) may recommend to the head 
                                of the officer's or employee's 
                                agency that appropriate 
                                disciplinary action (such as 
                                reprimand, suspension, 
                                demotion, or dismissal) be 
                                brought against the officer or 
                                employee, except that if the 
                                officer or employee involved is 
                                the agency head, any such 
                                recommendations shall instead 
                                be submitted to the President; 
                                and
                                  (II) may notify the President 
                                in writing if the Director 
                                determines that the head of an 
                                agency has not taken 
                                appropriate disciplinary action 
                                within a reasonable period of 
                                time after the Director 
                                recommends such action.
                  (B) Investigations and findings concerning 
                possible violations.--
                          (i) Authority of director.--In order 
                        to carry out the Director's duties and 
                        responsibilities under subparagraph 
                        (A)(iii) or (iv) with respect to 
                        individual officers and employees, the 
                        Director may conduct investigations and 
                        make findings concerning possible 
                        violations of any rule, regulation, or 
                        Executive order relating to conflicts 
                        of interest or standards of conduct 
                        applicable to officers and employees of 
                        the executive branch.
                          (ii) Notification of alleged 
                        violation and opportunity to comment.--
                                  (I) Notification before a 
                                finding is made.--Subject to 
                                clause (iv) of this 
                                subparagraph, before any 
                                finding is made under 
                                subparagraphs (A)(iii) or (iv), 
                                the officer or employee 
                                involved shall be afforded 
                                notification of the alleged 
                                violation, and an opportunity 
                                to comment, either orally or in 
                                writing, on the alleged 
                                violation.
                                  (II) Procedures.--The 
                                Director shall, in accordance 
                                with section 553 of this title, 
                                establish procedures for such 
                                notification and comment.
                          (iii) Hearing.--Subject to clause 
                        (iv) of this subparagraph, before any 
                        action is ordered under subparagraph 
                        (A)(iii), the officer or employee 
                        involved shall be afforded an 
                        opportunity for a hearing, if requested 
                        by such officer or employee, except 
                        that any such hearing shall be 
                        conducted on the record.
                          (iv) Exception.--The procedures 
                        described in clauses (ii) and (iii) of 
                        this subparagraph do not apply to 
                        findings or orders for action made to 
                        obtain compliance with the financial 
                        disclosure requirements in subchapter 
                        I. For those findings and orders, the 
                        procedures in section 13108 of this 
                        title shall apply.
          (3) Copies of orders relating to finding of 
        violation.--The Director shall send a copy of any order 
        under paragraph (2)(A)(iii) to--
                  (A) the officer or employee who is the 
                subject of such order; and
                  (B) the head of the officer's or employee's 
                agency or, if such officer or employee is the 
                agency head, to the President.
          (4) Agency headed by board, committee, or other 
        group.--For purposes of paragraphs (2)(A)(ii), (iii), 
        (iv), and (3)(B), in the case of an officer or employee 
        within an agency which is headed by a board, committee, 
        or other group of individuals (rather than by a single 
        individual), any notification, recommendation, or other 
        matter which would otherwise be sent to an agency head 
        shall instead be sent to the officer's or employee's 
        appointing authority.
          (5) No authority to make findings of criminal law 
        violations.--Nothing in this subchapter shall be 
        considered to allow the Director (or any designee) to 
        make any finding that a provision of title 18, or any 
        criminal law of the United States outside of title 18, 
        has been or is being violated.
          (6) Limitation on availability of records.--
        Notwithstanding any other provision of law, no record 
        developed pursuant to the authority of this section 
        concerning an investigation of an individual for a 
        violation of any rule, regulation, or Executive order 
        relating to a conflict of interest shall be made 
        available pursuant to section 552(a)(3) of this title, 
        unless the request for such information identifies the 
        individual to whom such records relate and the subject 
        matter of any alleged violation to which such records 
        relate, except that nothing in this subsection shall 
        affect the application of the provisions of section 
        552(b) of this title to any record so identified.

Sec. 13123. Administrative Provisions

    (a) Assistance to Director.--Upon the request of the 
Director, each executive agency is directed to--
          (1) make its services, personnel, and facilities 
        available to the Director to the greatest practicable 
        extent for the performance of functions under this 
        chapter; and
          (2) except when prohibited by law, furnish to the 
        Director all information and records in its possession 
        which the Director may determine to be necessary for 
        the performance of the Director's duties.
The authority of the Director under this section includes the 
authority to request assistance from the inspector general of 
an agency in conducting investigations pursuant to the Office 
of Government Ethics responsibilities under this chapter. The 
head of any agency may detail such personnel and furnish such 
services, with or without reimbursement, as the Director may 
request to carry out the provisions of this chapter.
    (b) Gift Acceptance Authority.--
          (1) In general.--The Director is authorized to accept 
        and utilize on behalf of the United States, any gift, 
        donation, bequest, or devise of money, use of 
        facilities, personal property, or services for the 
        purpose of aiding or facilitating the work of the 
        Office of Government Ethics.
          (2) Limitations.--No gift may be accepted--
                  (A) that attaches conditions inconsistent 
                with applicable laws or regulations; or
                  (B) that is conditioned upon or will require 
                the expenditure of appropriated funds that are 
                not available to the Office of Government 
                Ethics.
          (3) Criteria for determining appropriateness of gift 
        acceptance.--The Director shall establish written rules 
        setting forth the criteria to be used in determining 
        whether the acceptance of contributions of money, 
        services, use of facilities, or personal property under 
        this subsection would reflect unfavorably upon the 
        ability of the Office of Government Ethics, or any 
        employee of such Office, to carry out its 
        responsibilities or official duties in a fair and 
        objective manner, or would compromise the integrity or 
        the appearance of the integrity of its programs or any 
        official involved in those programs.

Sec. 13124. Rules and Regulations

    In promulgating rules and regulations pertaining to 
financial disclosure, conflict of interest, and ethics in the 
executive branch, the Director shall issue rules and 
regulations in accordance with chapter 5 of this title. Any 
person may seek judicial review of any such rule or regulation.

Sec. 13125. Authorization of Appropriations

    There are authorized to be appropriated to carry out this 
subchapter such sums as may be necessary for fiscal year 2007.

Sec. 13126. Reports to Congress

    The Director shall, no later than April 30 of each year in 
which the second session of a Congress begins, submit to the 
Congress a report containing--
          (1) a summary of the actions taken by the Director 
        during a 2-year period ending on December 31 of the 
        preceding year in order to carry out the Director's 
        functions and responsibilities under this subchapter; 
        and
          (2) such other information as the Director may 
        consider appropriate.

  Subchapter III--Limitations on Outside Earned Income and Employment

Sec. 13141. Definitions

    In this subchapter:
          (1) Charitable organization.--The term ``charitable 
        organization'' means an organization described in 
        section 170(c) of the Internal Revenue Code of 1986 (26 
        U.S.C. 170(c)).
          (2) Honorarium.--The term ``honorarium'' means a 
        payment of money or any thing of value for an 
        appearance, speech or article (including a series of 
        appearances, speeches, or articles if the subject 
        matter is directly related to the individual's official 
        duties or the payment is made because of the 
        individual's status with the Government) by a Member, 
        officer or employee, excluding any actual and necessary 
        travel expenses incurred by such individual (and one 
        relative) to the extent that such expenses are paid or 
        reimbursed by any other person, and the amount 
        otherwise determined shall be reduced by the amount of 
        any such expenses to the extent that such expenses are 
        not paid or reimbursed.
          (3) Member.--The term ``Member'' means a Senator in, 
        a Representative in, or a Delegate or Resident 
        Commissioner to, the Congress.
          (4) Officer or employee.--The term ``officer or 
        employee'' means any officer or employee of the 
        Government except any special Government employee (as 
        defined in section 202 of title 18).
          (5) Travel expenses.--The term ``travel expenses'' 
        means, with respect to a Member, officer or employee, 
        or a relative of any such individual, the cost of 
        transportation, and the cost of lodging and meals while 
        away from his or her residence or principal place of 
        employment.

Sec. 13142. Administration

    This subchapter shall be subject to the rules and 
regulations of--
          (1) and administered by--
                  (A) the Committee on Ethics of the House of 
                Representatives, with respect to Members, 
                officers, and employees of the House of 
                Representatives; and
                  (B) in the case of Senators and legislative 
                branch officers and employees other than those 
                officers and employees specified in 
                subparagraph (A), the committee to which 
                reports filed by such officers and employees 
                under subchapter I are transmitted under that 
                subchapter, except that the authority of this 
                section may be delegated by such committee with 
                respect to such officers and employees;
          (2) the Office of Government Ethics and administered 
        by designated agency ethics officials with respect to 
        officers and employees of the executive branch; and
          (3) and administered by the Judicial Conference of 
        the United States (or such other agency as it may 
        designate) with respect to officers and employees of 
        the judicial branch.

Sec. 13143. Outside Earned Income Limitation

    (a) Outside Earned Income Limitation.--
          (1) In general.--Except as provided by paragraph (2), 
        a Member or an officer or employee who is a noncareer 
        officer or employee and who occupies a position 
        classified above GS-15 of the General Schedule or, in 
        the case of positions not under the General Schedule, 
        for which the rate of basic pay is equal to or greater 
        than 120 percent of the minimum rate of basic pay 
        payable for GS-15 of the General Schedule, may not in 
        any calendar year have outside earned income 
        attributable to such calendar year which exceeds 15 
        percent of the annual rate of basic pay for level II of 
        the Executive Schedule under section 5313 of this 
        title, as of January 1 of such calendar year.
          (2) Portion of year.--In the case of any individual 
        who during a calendar year becomes a Member or an 
        officer or employee who is a noncareer officer or 
        employee and who occupies a position classified above 
        GS-15 of the General Schedule or, in the case of 
        positions not under the General Schedule, for which the 
        rate of basic pay is equal to or greater than 120 
        percent of the minimum rate of basic pay payable for 
        GS-15 of the General Schedule, such individual may not 
        have outside earned income attributable to the portion 
        of that calendar year which occurs after such 
        individual becomes a Member or such an officer or 
        employee which exceeds 15 percent of the annual rate of 
        basic pay for level II of the Executive Schedule under 
        section 5313 of this title, as of January 1 of such 
        calendar year multiplied by a fraction the numerator of 
        which is the number of days such individual is a Member 
        or such officer or employee during such calendar year 
        and the denominator of which is 365.
    (b) Honoraria Prohibition.--An individual may not receive 
any honorarium while that individual is a Member, officer or 
employee.
    (c) Treatment of Charitable Contributions.--Any honorarium 
which, except for subsection (b), might be paid to a Member, 
officer or employee, but which is paid instead on behalf of 
such Member, officer or employee to a charitable organization, 
shall be deemed not to be received by such Member, officer or 
employee. No such payment shall exceed $2,000 or be made to a 
charitable organization from which such individual or a parent, 
sibling, spouse, child, or dependent relative of such 
individual derives any financial benefit.

Sec. 13144. Limitations on Outside Employment

    (a) Limitations.--A Member or an officer or employee who is 
a noncareer officer or employee and who occupies a position 
classified above GS-15 of the General Schedule or, in the case 
of positions not under the General Schedule, for which the rate 
of basic pay is equal to or greater than 120 percent of the 
minimum rate of basic pay payable for GS-15 of the General 
Schedule shall not--
          (1) receive compensation for affiliating with or 
        being employed by a firm, partnership, association, 
        corporation, or other entity which provides 
        professional services involving a fiduciary 
        relationship;
          (2) permit that Member's, officer's, or employee's 
        name to be used by any such firm, partnership, 
        association, corporation, or other entity;
          (3) receive compensation for practicing a profession 
        which involves a fiduciary relationship;
          (4) serve for compensation as an officer or member of 
        the board of any association, corporation, or other 
        entity; or
          (5) receive compensation for teaching, without the 
        prior notification and approval of the appropriate 
        entity referred to in section 13142 of this title.
    (b) Teaching Compensation of Justices and Judges Retired 
From Regular Active Service.--For purposes of the limitation 
under section 13143(a) of this title, any compensation for 
teaching approved under subsection (a)(5) of this section shall 
not be treated as outside earned income--
          (1) when received by a justice of the United States 
        retired from regular active service under section 
        371(b) of title 28;
          (2) when received by a judge of the United States 
        retired from regular active service under section 
        371(b) of title 28, for teaching performed during any 
        calendar year for which such judge has met the 
        requirements of subsection (e) of section 371 of title 
        28, as certified in accordance with such subsection; or
          (3) when received by a justice or judge of the United 
        States retired from regular active service under 
        section 372(a) of title 28.

Sec. 13145. Civil Penalties

    (a) Civil Action.--The Attorney General may bring a civil 
action in any appropriate United States district court against 
any individual who violates any provision of section 13143 or 
13144 of this title. The court in which such action is brought 
may assess against such individual a civil penalty of not more 
than $10,000 or the amount of compensation, if any, which the 
individual received for the prohibited conduct, whichever is 
greater.
    (b) Advisory Opinions.--Any entity described in section 
13142 of this title may render advisory opinions interpreting 
this subchapter, in writing, to individuals covered by this 
subchapter. Any individual to whom such an advisory opinion is 
rendered and any other individual covered by this subchapter 
who is involved in a fact situation which is indistinguishable 
in all material aspects, and who, after the issuance of such 
advisory opinion, acts in good faith in accordance with its 
provisions and findings shall not, as a result of such actions, 
be subject to any sanction under subsection (a).

Sec. 13146. Conditional Termination

    This subchapter shall cease to be effective if the 
provisions of section 703 of the Ethics Reform Act of 1989 
(Public Law 101-194, 5 U.S.C. 5318 note) are repealed.

         Changes in Existing Law Made by Section 7 of the Bill

                     FEDERAL ADVISORY COMMITTEE ACT

Sec. 1. Short title

    This Act may be cited as the ``Federal Advisory Committee 
Act''.

[Sec. 2. Findings and purpose

    (a) The Congress finds that there are numerous committees, 
boards, commissions, councils, and similar groups which have 
been established to advise officers and agencies in the 
executive branch of the Federal Government and that they are 
frequently a useful and beneficial means of furnishing expert 
advice, ideas, and diverse opinions to the Federal Government.
    (b) The Congress further finds and declares that--
          (1) the need for many existing advisory committees 
        has not been adequately reviewed:
          (2) new advisory committees should be established 
        only when they are determined to be essential and their 
        number should be kept to the minimum necessary;
          (3) advisory committees should be terminated when 
        they are no longer carrying out the purposes for which 
        they were established;
          (4) standards and uniform procedures should govern 
        the establishment, operation, administration, and 
        duration of advisory committees;
          (5) the Congress and the public should be kept 
        informed with respect to the number, purpose, 
        membership, activities, and cost of advisory 
        committees; and
          (6) the function of advisory committees should be 
        advisory only, and that all matters under their 
        consideration should be determined, in accordance with 
        law, by the official, agency, or officer involved.]

[Sec. 3. Definitions

    For the purpose of this Act--
          (1) The term ``Administrator'' means the 
        Administrator of General Services.
          (2) The term ``advisory committee'' means any 
        committee, board, commission, council, conference, 
        panel, task force, or other similar group, or any 
        subcommittee or other subgroup thereof (hereafter in 
        this paragraph referred to as ``committee''), which 
        is--
                  (A) established by statute or reorganization 
                plan, or
                  (B) established or utilized by the President, 
                or
                  (C) established or utilized by one or more 
                agencies,
in the interest of obtaining advice or recommendations for the 
President or one or more agencies or officers of the Federal 
Government, except that such term excludes (i) any committee 
that is composed wholly of full-time, or permanent part-time, 
officers or employees of the Federal Government, and (ii) any 
committee that is created by the National Academy of Sciences 
or the National Academy of Public Administration.
          (3) The term ``agency'' has the same meaning as in 
        section 551(1) of title 5, United States Code.
          (4) The term ``Presidential advisory committee'' 
        means an advisory committee which advises the 
        President.]

[Sec. 4. Applicability; restrictions

    (a) The provisions of this Act or of any rule, order, or 
regulation promulgated under this Act shall apply to each 
advisory committee except to the extent that any Act of 
Congress establishing any such advisory committee specifically 
provides otherwise.
    (b) Nothing in this Act shall be construed to apply to any 
advisory committee established or utilized by--
          (1) the Central Intelligence Agency;
          (2) the Federal Reserve System; or
          (3) the Office of the Director of National 
        Intelligence, if the Director of National Intelligence 
        determines that for reasons of national security such 
        advisory committee cannot comply with the requirements 
        of this Act.
    (c) Nothing in this Act shall be construed to apply to any 
local civic group whose primary function is that of rendering a 
public service with respect to a Federal program, or any State 
or local committee, council, board, commission, or similar 
group established to advise or make recommendations to State or 
local officials or agencies.]

[Sec. 5. Responsibilities of Congressional committees; review; 
                    guidelines

    (a) In the exercise of its legislative review function, 
each standing committee of the Senate and the House of 
Representatives shall make a continuing review of the 
activities of each advisory committee under its jurisdiction to 
determine whether such advisory committee should be abolished 
or merged with any other advisory committee, whether the 
responsibilities of such advisory committee should be revised, 
and whether such advisory committee performs a necessary 
function not already being performed. Each such standing 
committee shall take appropriate action to obtain the enactment 
of legislation necessary to carry out the purpose of this 
subsection.
    (b) In considering legislation establishing, or authorizing 
the establishment of any advisory committee, each standing 
committee of the Senate and of the House of Representatives 
shall determine, and report such determination to the Senate or 
to the House of Representatives, as the case may be, whether 
the functions of the proposed advisory committee are being or 
could be performed by one or more agencies or by an advisory 
committee already in existence, or by enlarging the mandate of 
an existing advisory committee. Any such legislation shall--
          (1) contain a clearly defined purpose for the 
        advisory committee;
          (2) require the membership of the advisory committee 
        to be fairly balanced in terms of the points of view 
        represented and the functions to be performed by the 
        advisory committee;
          (3) contain appropriate provisions to assure that the 
        advice and recommendations of the advisory committee 
        will not be inappropriately influenced by the 
        appointing authority or by any special interest, but 
        will instead be the result of the advisory committee's 
        independent judgment;
          (4) contain provisions dealing with authorization of 
        appropriations, the date for submission of reports (if 
        any), the duration of the advisory committee, and the 
        publication of reports and other materials, to the 
        extent that the standing committee determines the 
        provisions of section 10 of this Act to be inadequate; 
        and
          (5) contain provisions which will assure that the 
        advisory committee will have adequate staff (either 
        supplied by an agency or employed by it), will be 
        provided adequate quarters, and will have funds 
        available to meet its other necessary expenses.
    (c) To the extent they are applicable, the guidelines set 
out in subsection (b) of this section shall be followed by the 
President, agency heads, or other Federal officials in creating 
an advisory committee.]

[Sec. 6. Responsibilities of the President; report to Congress; annual 
                    report to Congress; exclusion

    (a) The President may delegate responsibility for 
evaluating and taking action, where appropriate, with respect 
to all public recommendations made to him by Presidential 
advisory committees.
    (b) Within one year after a Presidential advisory committee 
has submitted a public report to the President, the President 
or his delegate shall make a report to the Congress stating 
either his proposals for action or his reasons for inaction, 
with respect to the recommendations contained in the public 
report.
    (c) The President shall, not later than December 31 of each 
year, make an annual report to the Congress on the activities, 
status, and changes in the composition of advisory committees 
in existence during the preceding fiscal year. The report shall 
contain the name of every advisory committee, the date of and 
authority for its creation, its termination date or the date it 
is to make a report, its functions, a reference to the reports 
it has submitted, a statement of whether it is an ad hoc or 
continuing body, the dates of its meetings, the names and 
occupations of its current members, and the total estimated 
annual cost to the United States to fund, service, supply, and 
maintain such committee. Such report shall include a list of 
those advisory committees abolished by the President, and in 
the case of advisory committees established by statute, a list 
of those advisory committees which the President recommends be 
abolished together with his reasons therefor. The President 
shall exclude from this report any information which, in his 
judgment, should be withheld for reasons of national security, 
and he shall include in such report a statement that such 
information is excluded.]

[Sec. 7. Responsibilities of the Administrator of General Services; 
                    Committee Management Secretariat, establishment; 
                    review; recommendations to President and Congress; 
                    agency cooperation; performance guidelines; uniform 
                    pay guidelines; travel expenses; expense 
                    recommendations

    (a) The Administrator shall establish and maintain within 
the General Services Administration a Committee Management 
Secretariat, which shall be responsible for all matters 
relating to advisory committees.
    (b) The Administrator shall, immediately after October 6, 
1972, institute a comprehensive review of the activities and 
responsibilities of each advisory committee to determine--
          (1) whether such committee is carrying out its 
        purpose;
          (2) whether, consistent with the provisions of 
        applicable statutes, the responsibilities assigned to 
        it should be revised;
          (3) whether it should be merged with other advisory 
        committees; or
          (4) whether it should be abolished.
        The Administrator may from time to time request such 
        information as he deems necessary to carry out his 
        functions under this subsection. Upon the completion of 
        the Administrator's review he shall make 
        recommendations to the President and to either the 
        agency head or the Congress with respect to action he 
        believes should be taken. Thereafter, the Administrator 
        shall carry out a similar review annually. Agency heads 
        shall cooperate with the Administrator in making the 
        reviews required by this subsection.
    (c) The Administrator shall prescribe administrative 
guidelines and management controls applicable to advisory 
committees, and, to the maximum extent feasible, provide 
advice, assistance, and guidance to advisory committees to 
improve their performance. In carrying out his functions under 
this subsection, the Administrator shall consider the 
recommendations of each agency head with respect to means of 
improving the performance of advisory committees whose duties 
are related to such agency.
    (d)(1) The Administrator, after study and consultation with 
the Director of the Office of Personnel Management, shall 
establish guidelines with respect to uniform fair rates of pay 
for comparable services of members, staffs, and consultants of 
advisory committees in a manner which gives appropriate 
recognition to the responsibilities and qualifications required 
and other relevant factors. Such regulations shall provide 
that--
          (A) no member of any advisory committee or of the 
        staff of any advisory committee shall receive 
        compensation at a rate in excess of the rate specified 
        for GS-18 of the General Schedule under section 5332 of 
        title 5, United States Code;
          (B) such members, while engaged in the performance of 
        their duties away from their homes or regular places of 
        business, may be allowed travel expenses, including per 
        diem in lieu of subsistence, as authorized by section 
        5703 of title 5, United States Code, for persons 
        employed intermittently in the Government service; and
          (C) such members--
                  (i) who are blind or deaf or who otherwise 
                qualify as handicapped individuals (within the 
                meaning of section 501 of the Rehabilitation 
                Act of 1973 (29 U.S.C. 794)), and
                  (ii) who do not otherwise qualify for 
                assistance under section 3102 of title 5, 
                United States Code, by reason of being an 
                employee of an agency (within the meaning of 
                section 3102(a)(1) of such title 5),
                may be provided services pursuant to section 
                3102 of such title 5 while in performance of 
                their advisory committee duties.
    (2) Nothing in this subsection shall prevent--
          (A) an individual who (without regard to his service 
        with an advisory committee) is a full-time employee of 
        the United States, or
          (B) an individual who immediately before his service 
        with an advisory committee was such an employee, from 
        receiving compensation at the rate at which he 
        otherwise would be compensated (or was compensated) as 
        a full-time employee of the United States.
    (e) The Administrator shall include in budget 
recommendations a summary of the amounts he deems necessary for 
the expenses of advisory committees, including the expenses for 
publication of reports where appropriate.]

[Sec. 8. Responsibilities of agency heads; Advisory Committee 
                    Management Officer, designation

    (a) Each agency head shall establish uniform administrative 
guidelines and management controls for advisory committees 
established by that agency, which shall be consistent with 
directives of the Administrator under section 7 and section 10. 
Each agency shall maintain systematic information on the 
nature, functions, and operations of each advisory committee 
within its jurisdiction.
    (b) The head of each agency which has an advisory committee 
shall designate an Advisory Committee Management Officer who 
shall--
          (1) exercise control and supervision over the 
        establishment, procedures, and accomplishments of 
        advisory committees established by that agency;
          (2) assemble and maintain the reports, records, and 
        other papers of any such committee during its 
        existence; and
          (3) carry out, on behalf of that agency, the 
        provisions of section 552 of title 5, United States 
        Code, with respect to such reports, records, and other 
        papers.]

[Sec. 9. Establishment and purpose of advisory committees; publication 
                    in Federal Register; charter: filing, contents, 
                    copy

    (a) No advisory committee shall be established unless such 
establishment is--
          (1) specifically authorized by statute or by the 
        President; or
          (2) determined as a matter of formal record, by the 
        head of the agency involved after consultation with the 
        Administrator, with timely notice published in the 
        Federal Register, to be in the public interest in 
        connection with the performance of duties imposed on 
        that agency by law.
    (b) Unless otherwise specifically provided by statute or 
Presidential directive, advisory committees shall be utilized 
solely for advisory functions. Determinations of action to be 
taken and policy to be expressed with respect to matters upon 
which an advisory committee reports or makes recommendations 
shall be made solely by the President or an officer of the 
Federal Government.
    (c) No advisory committee shall meet or take any action 
until an advisory committee charter has been filed with (1) the 
Administrator, in the case of Presidential advisory committees, 
or (2) with the head of the agency to whom any advisory 
committee reports and with the standing committees of the 
Senate and of the House of Representatives having legislative 
jurisdiction of such agency. Such charter shall contain the 
following information:
          (A) the committee's official designation;
          (B) the committee's objectives and the scope of its 
        activity;
          (C) the period of time necessary for the committee to 
        carry out its purposes;
          (D) the agency or official to whom the committee 
        reports;
          (E) the agency responsible for providing the 
        necessary support for the committee;
          (F) a description of the duties for which the 
        committee is responsible, and, if such duties are not 
        solely advisory, a specification of the authority for 
        such functions;
          (G) the estimated annual operating costs in dollars 
        and man-years for such committee;
          (H) the estimated number and frequency of committee 
        meetings;
          (I) the committee's termination date, if less than 
        two years from the date of the committee's 
        establishment; and
          (J) the date the charter is filed.
A copy of any such charter shall also be furnished to the 
Library of Congress.]

[Sec. 10. Advisory committee procedures; meetings; notice, publication 
                    in Federal Register; regulations; minutes; 
                    certification; annual report; Federal officer or 
                    employee, attendance

    (a)(1) Each advisory committee meeting shall be open to the 
public.
    (2) Except when the President determines otherwise for 
reasons of national security, timely notice of each such 
meeting shall be published in the Federal Register, and the 
Administrator shall prescribe regulations to provide for other 
types of public notice to insure that all interested persons 
are notified of such meeting prior thereto.
    (3) Interested persons shall be permitted to attend, appear 
before, or file statements with any advisory committee, subject 
to such reasonable rules or regulations as the Administrator 
may prescribe.
    (b) Subject to section 552 of title 5, United States Code, 
the records, reports, transcripts, minutes, appendixes, working 
papers, drafts, studies, agenda, or other documents which were 
made available to or prepared for or by each advisory committee 
shall be available for public inspection and copying at a 
single location in the offices of the advisory committee or the 
agency to which the advisory committee reports until the 
advisory committee ceases to exist.
    (c) Detailed minutes of each meeting of each advisory 
committee shall be kept and shall contain a record of the 
persons present, a complete and accurate description of matters 
discussed and conclusions reached, and copies of all reports 
received, issued, or approved by the advisory committee. The 
accuracy of all minutes shall be certified to by the chairman 
of the advisory committee.
    (d) Subsections (a)(1) and (a)(3) of this section shall not 
apply to any portion of an advisory committee meeting where the 
President, or the head of the agency to which the advisory 
committee reports, determines that such portion of such meeting 
may be closed to the public in accordance with subsection (c) 
of section 552b of title 5, United States Code. Any such 
determination shall be in writing and shall contain the reasons 
for such determination. If such a determination is made, the 
advisory committee shall issue a report at least annually 
setting forth a summary of its activities and such related 
matters as would be informative to the public consistent with 
the policy of section 552(b) of title 5, United States Code.
    (e) There shall be designated an officer or employee of the 
Federal Government to chair or attend each meeting of each 
advisory committee. The officer or employee so designated is 
authorized, whenever he determines it to be in the public 
interest, to adjourn any such meeting. No advisory committee 
shall conduct any meeting in the absence of that officer or 
employee.
    (f) Advisory committees shall not hold any meetings except 
at the call of, or with the advance approval of, a designated 
officer or employee of the Federal Government, and in the case 
of advisory committees (other than Presidential advisory 
committees), with an agenda approved by such officer or 
employee.]

[Sec. 11. Availability of transcripts; ``agency proceeding''

    (a) Except where prohibited by contractual agreements 
entered into prior to the effective date of this Act, agencies 
and advisory committees shall make available to any person, at 
actual cost of duplication, copies of transcripts of agency 
proceedings or advisory committee meetings.
    (b) As used in this section ``agency proceeding'' means any 
proceeding as defined in section 551(12) of title 5, United 
States Code.]

[Sec. 12. Fiscal and administrative provisions; record-keeping; audit; 
                    agency support services

    (a) Each agency shall keep records as will fully disclose 
the disposition of any funds which may be at the disposal of 
its advisory committees and the nature and extent of their 
activities. The General Services Administration, or such other 
agency as the President may designate, shall maintain financial 
records with respect to Presidential advisory committees. The 
Comptroller General of the United States, or any of his 
authorized representatives, shall have access, for the purpose 
of audit and examination, to any such records.
    (b) Each agency shall be responsible for providing support 
services for each advisory committee established by or 
reporting to it unless the establishing authority provides 
otherwise. Where any such advisory committee reports to more 
than one agency, only one agency shall be responsible for 
support services at any one time. In the case of Presidential 
advisory committees, such services may be provided by the 
General Services Administration.]

[Sec. 13. Responsibilities of Library of Congress; reports and 
                    background papers; depository

    Subject to section 552 of title 5, United States Code, the 
Administrator shall provide for the filing with the Library of 
Congress of at least eight copies of each report made by every 
advisory committee and, where appropriate, background papers 
prepared by consultants. The Librarian of Congress shall 
establish a depository for such reports and papers where they 
shall be available to public inspection and use.]

[Sec. 14. Termination of advisory committees; renewal; continuation

    (a)(1) Each advisory committee which is in existence on the 
effective date of this Act shall terminate not later than the 
expiration of the two-year period following such effective date 
unless--
          (A) in the case of an advisory committee established 
        by the President or an officer of the Federal 
        Government, such advisory committee is renewed by the 
        President or that officer by appropriate action prior 
        to the expiration of such two-year period; or
          (B) in the case of an advisory committee established 
        by an Act of Congress, its duration is otherwise 
        provided for by law.
    (2) Each advisory committee established after such 
effective date shall terminate not later than the expiration of 
the two-year period beginning on the date of its establishment 
unless--
          (A) in the case of an advisory committee established 
        by the President or an officer of the Federal 
        Government such advisory committee is renewed by the 
        President or such officer by appropriate action prior 
        to the end of such period; or
          (B) in the case of an advisory committee established 
        by an Act of Congress, its duration is otherwise 
        provided for by law.
    (b)(1) Upon the renewal of any advisory committee, such 
advisory committee shall file a charter in accordance with 
section 9(c).
    (2) Any advisory committee established by an Act of 
Congress shall file a charter in accordance with such section 
upon the expiration of each successive two-year period 
following the date of enactment of the Act establishing such 
advisory committee.
    (3) No advisory committee required under this subsection to 
file a charter shall take any action (other than preparation 
and filing of such charter) prior to the date on which such 
charter is filed.
    (c) Any advisory committee which is renewed by the 
President or any officer of the Federal Government may be 
continued only for successive two-year periods by appropriate 
action taken by the President or such officer prior to the date 
on which such advisory committee would otherwise terminate.]

[Sec. 15. Requirements relating to the National Academy of Sciences and 
                    the National Academy of Public Administration

    (a) In General.--An agency may not use any advice or 
recommendation provided by the National Academy of Sciences or 
National Academy of Public Administration that was developed by 
use of a committee created by that academy under an agreement 
with an agency, unless--
          (1) the committee was not subject to any actual 
        management or control by an agency or an officer of the 
        Federal Government;
          (2) in the case of a committee created after the date 
        of the enactment of the Federal Advisory Committee Act 
        Amendments of 1997, the membership of the committee was 
        appointed in accordance with the requirements described 
        in subsection (b)(1); and
          (3) in developing the advice or recommendation, the 
        academy complied with--
                  (A) subsection (b)(2) through (6), in the 
                case of any advice or recommendation provided 
                by the National Academy of Sciences; or
                  (B) subsection (b)(2) and (5), in the case of 
                any advice or recommendation provided by the 
                National Academy of Public Administration.
    (b) Requirements.--The requirements referred to in 
subsection (a) are as follows:
          (1) The Academy shall determine and provide public 
        notice of the names and brief biographies of 
        individuals that the Academy appoints or intends to 
        appoint to serve on the committee. The Academy shall 
        determine and provide a reasonable opportunity for the 
        public to comment on such appointments before they are 
        made or, if the Academy determines such prior comment 
        is not practicable, in the period immediately following 
        the appointments. The Academy shall make its best 
        efforts to ensure that (A) no individual appointed to 
        serve on the committee has a conflict of interest that 
        is relevant to the functions to be performed, unless 
        such conflict is promptly and publicly disclosed and 
        the Academy determines that the conflict is 
        unavoidable, (B) the committee membership is fairly 
        balanced as determined by the Academy to be appropriate 
        for the functions to be performed, and (C) the final 
        report of the Academy will be the result of the 
        Academy's independent judgment. The Academy shall 
        require that individuals that the Academy appoints or 
        intends to appoint to serve on the committee inform the 
        Academy of the individual's conflicts of interest that 
        are relevant to the functions to be performed.
          (2) The Academy shall determine and provide public 
        notice of committee meetings that will be open to the 
        public.
          (3) The Academy shall ensure that meetings of the 
        committee to gather data from individuals who are not 
        officials, agents, or employees of the Academy are open 
        to the public, unless the Academy determines that a 
        meeting would disclose matters described in section 
        552(b) of title 5, United States Code. The Academy 
        shall make available to the public, at reasonable 
        charge if appropriate, written materials presented to 
        the committee by individuals who are not officials, 
        agents, or employees of the Academy, unless the Academy 
        determines that making material available would 
        disclose matters described in that section.
          (4) The Academy shall make available to the public as 
        soon as practicable, at reasonable charge if 
        appropriate, a brief summary of any committee meeting 
        that is not a data gathering meeting, unless the 
        Academy determines that the summary would disclose 
        matters described in section 552(b) of title 5, United 
        States Code. The summary shall identify the committee 
        members present, the topics discussed, materials made 
        available to the committee, and such other matters that 
        the Academy determines should be included.
          (5) The Academy shall make available to the public 
        its final report, at reasonable charge if appropriate, 
        unless the Academy determines that the report would 
        disclose matters described in section 552(b) of title 
        5, United States Code. If the Academy determines that 
        the report would disclose matters described in that 
        section, the Academy shall make public an abbreviated 
        version of the report that does not disclose those 
        matters.
          (6) After publication of the final report, the 
        Academy shall make publicly available the names of the 
        principal reviewers who reviewed the report in draft 
        form and who are not officials, agents, or employees of 
        the Academy.
    (c) Regulations.--The Administrator of General Services may 
issue regulations implementing this section.]

                     INSPECTOR GENERAL ACT OF 1978

Sec. 1. Short title

    This Act be cited as the ``Inspector General Act of 1978''.

[Sec. 2. Purpose and establishment of Offices of Inspector General; 
                    departments and agencies involved

    In order to create independent and objective units--
          (1) to conduct and supervise audits and 
        investigations relating to the programs and operations 
        of the establishments listed in section 12(2);
          (2) to provide leadership and coordination and 
        recommend policies for activities designed (A) to 
        promote economy, efficiency, and effectiveness in the 
        administration of, and (B) to prevent and detect fraud 
        and abuse in, such programs and operations; and
          (3) to provide a means for keeping the head of the 
        establishment and the Congress fully and currently 
        informed about problems and deficiencies relating to 
        the administration of such programs and operations and 
        the necessity for and progress of corrective action;
        there is established--
                  (A) in each of such establishments an office 
                of Inspector General, subject to subparagraph 
                (B); and
                  (B) in the establishment of the Department of 
                the Treasury--
                          (i) an Office of Inspector General of 
                        the Department of the Treasury; and
                          (ii) an Office of Treasury Inspector 
                        General for Tax Administration.]

[Sec. 3. Appointment of Inspector General; supervision; removal; 
                    political activities; appointment of Assistant 
                    Inspector General for Auditing and Assistant 
                    Inspector General for Investigations

    (a) There shall be at the head of each Office an Inspector 
General who shall be appointed by the President, by and with 
the advice and consent of the Senate, without regard to 
political affiliation and solely on the basis of integrity and 
demonstrated ability in accounting, auditing, financial 
analysis, law, management analysis, public administration, or 
investigations. Each Inspector General shall report to and be 
under the general supervision of the head of the establishment 
involved or, to the extent such authority is delegated, the 
officer next in rank below such head, but shall not report to, 
or be subject to supervision by, any other officer of such 
establishment. Neither the head of the establishment nor the 
officer next in rank below such head shall prevent or prohibit 
the Inspector General from initiating, carrying out, or 
completing any audit or investigation, or from issuing any 
subpoena during the course of any audit or investigation.
    (b) An Inspector General may be removed from office by the 
President. If an Inspector General is removed from office or is 
transferred to another position or location within an 
establishment, the President shall communicate in writing the 
reasons for any such removal or transfer to both Houses of 
Congress, not later than 30 days before the removal or 
transfer. Nothing in this subsection shall prohibit a personnel 
action otherwise authorized by law, other than transfer or 
removal.
    (c) For the purposes of section 7324 of title 5, United 
States Code, no Inspector General shall be considered to be an 
employee who determines policies to be pursued by the United 
States in the nationwide administration of Federal laws.
    (d)(1) Each Inspector General shall, in accordance with 
applicable laws and regulations governing the civil service--
          (A) appoint an Assistant Inspector General for 
        Auditing who shall have the responsibility for 
        supervising the performance of auditing activities 
        relating to programs and operations of the 
        establishment;
          (B) appoint an Assistant Inspector General for 
        Investigations who shall have the responsibility for 
        supervising the performance of investigative activities 
        relating to such programs and operations; and
          (C) designate a Whistleblower Protection Coordinator 
        who shall--
                  (i) educate agency employees--
                          (I) about prohibitions against 
                        retaliation for protected disclosures; 
                        and
                          (II) who have made or are 
                        contemplating making a protected 
                        disclosure about the rights and 
                        remedies against retaliation for 
                        protected disclosures, including--
                                  (aa) the means by which 
                                employees may seek review of 
                                any allegation of reprisal, 
                                including the roles of the 
                                Office of the Inspector 
                                General, the Office of Special 
                                Counsel, the Merit Systems 
                                Protection Board, and any other 
                                relevant entities; and
                                  (bb) general information 
                                about the timeliness of such 
                                cases, the availability of any 
                                alternative dispute mechanisms, 
                                and avenues for potential 
                                relief.
                  (ii) assist the Inspector General in 
                promoting the timely and appropriate handling 
                and consideration of protected disclosures and 
                allegations of reprisal, to the extent 
                practicable, by the Inspector General; and
                  (iii) assist the Inspector General in 
                facilitating communication and coordination 
                with the Special Counsel, the Council of the 
                Inspectors General on Integrity and Efficiency, 
                the establishment, Congress, and any other 
                relevant entity regarding the timely and 
                appropriate handling and consideration of 
                protected disclosures, allegations of reprisal, 
                and general matters regarding the 
                implementation and administration of 
                whistleblower protection laws, rules, and 
                regulations.
    (2) The Whistleblower Protection Coordinator shall not act 
as a legal representative, agent, or advocate of the employee 
or former employee.
    (3) The Whistleblower Protection Coordinator shall have 
direct access to the Inspector General as needed to accomplish 
the requirements of this subsection.
    (4) For the purposes of this section, the requirement of 
the designation of a Whistleblower Protection Ombudsman under 
paragraph (1)(C) shall not apply to--
          (A) any agency that is an element of the intelligence 
        community (as defined in section 3(4) of the National 
        Security Act of 1947 (50 U.S.C. 401a(4)) [50 U.S.C. 
        3003(4)]); or
          (B) as determined by the President, any executive 
        agency or unit thereof the principal function of which 
        is the conduct of foreign intelligence or counter 
        intelligence activities.
    (e) The annual rate of basic pay for an Inspector General 
(as defined under section 12(3)) shall be the rate payable for 
level III of the Executive Schedule under section 5314 of title 
5, United States Code, plus 3 percent.
    (f) An Inspector General (as defined under section 8G(a)(6) 
or 12(3)) may not receive any cash award or cash bonus, 
including any cash award under chapter 45 of title 5, United 
States Code.
    (g) Each Inspector General shall, in accordance with 
applicable laws and regulations governing the civil service, 
obtain legal advice from a counsel either reporting directly to 
the Inspector General or another Inspector General.]

[Sec. 4. Duties and responsibilities; report of criminal violations to 
                    Attorney General

    (a) It shall be the duty and responsibility of each 
Inspector General, with respect to the establishment within 
which his Office is established--
          (1) to provide policy direction for and to conduct, 
        supervise, and coordinate audits and investigations 
        relating to the programs and operations of such 
        establishment;
          (2) to review existing and proposed legislation and 
        regulations relating to programs and operations of such 
        establishment and to make recommendations in the 
        semiannual reports required by section 5(a) concerning 
        the impact of such legislation or regulations on the 
        economy and efficiency in the administration of 
        programs and operations administered or financed by 
        such establishment or the prevention and detection of 
        fraud and abuse in such programs and operations;
          (3) to recommend policies for, and to conduct, 
        supervise, or coordinate other activities carried out 
        or financed by such establishment for the purpose of 
        promoting economy and efficiency in the administration 
        of, or preventing and detecting fraud and abuse in, its 
        programs and operations;
          (4) to recommend policies for, and to conduct, 
        supervise, or coordinate relationships between such 
        establishment and other Federal agencies, State and 
        local governmental agencies, and nongovernmental 
        entities with respect to (A) all matters relating to 
        the promotion of economy and efficiency in the 
        administration of, or the prevention and detection of 
        fraud and abuse in, programs and operations 
        administered or financed by such establishment, or (B) 
        the identification and prosecution of participants in 
        such fraud or abuse; and
          (5) to keep the head of such establishment and the 
        Congress fully and currently informed, by means of the 
        reports required by section 5 and otherwise, concerning 
        fraud and other serious problems, abuses, and 
        deficiencies relating to the administration of programs 
        and operations administered or financed by such 
        establishment, to recommend corrective action 
        concerning such problems, abuses, and deficiencies, and 
        to report on the progress made in implementing such 
        corrective action.
    (b)(1) In carrying out the responsibilities specified in 
subsection (a)(1), each Inspector General shall--
          (A) comply with standards established by the 
        Comptroller General of the United States for audits of 
        Federal establishments, organizations, programs, 
        activities, and functions;
          (B) establish guidelines for determining when it 
        shall be appropriate to use non-Federal auditors; and
          (C) take appropriate steps to assure that any work 
        performed by non-Federal auditors complies with the 
        standards established by the Comptroller General as 
        described in paragraph (1).
    (2) For purposes of determining compliance with paragraph 
(1)(A) with respect to whether internal quality controls are in 
place and operating and whether established audit standards, 
policies, and procedures are being followed by Offices of 
Inspector General of establishments defined under section 
12(2), Offices of Inspector General of designated Federal 
entities defined under section 8G(a)(2), and any audit office 
established within a Federal entity defined under section 
8G(a)(1), reviews shall be performed exclusively by an audit 
entity in the Federal Government, including the Government 
Accountability Office or the Office of Inspector General of 
each establishment defined under section 12(2), or the Office 
of Inspector General of each designated Federal entity defined 
under section 8G(a)(2).
    (c) In carrying out the duties and responsibilities 
established under this Act, each Inspector General shall give 
particular regard to the activities of the Comptroller General 
of the United States with a view toward avoiding duplication 
and insuring effective coordination and cooperation.
    (d) In carrying out the duties and responsibilities 
established under this Act, each Inspector General shall report 
expeditiously to the Attorney General whenever the Inspector 
General has reasonable grounds to believe there has been a 
violation of Federal criminal law.
    (e)(1) In carrying out the duties and responsibilities 
established under this Act, whenever an Inspector General 
issues a recommendation for corrective action to the agency, 
the Inspector General--
          (A) shall submit the document making a recommendation 
        for corrective action to--
                  (i) the head of the establishment;
                  (ii) the congressional committees of 
                jurisdiction; and
                  (iii) if the recommendation for corrective 
                action was initiated upon request by an 
                individual or entity other than the Inspector 
                General, that individual or entity;
          (B) may submit the document making a recommendation 
        for corrective action to any Member of Congress upon 
        request; and
          (C) not later than 3 days after the recommendation 
        for corrective action is submitted in final form to the 
        head of the establishment, post the document making a 
        recommendation for corrective action on the website of 
        the Office of Inspector General.
    (2) Nothing in this subsection shall be construed as 
authorizing an Inspector General to publicly disclose 
information otherwise prohibited from disclosure by law.]

[Sec. 5. Semiannual reports; transmittal to Congress; availability to 
                    public; immediate report on serious or flagrant 
                    problems; disclosure of information; definitions

    (a) Each Inspector General shall, not later than April 30 
and October 31 of each year, prepare semiannual reports 
summarizing the activities of the Office during the immediately 
preceding six-month periods ending March 31 and September 30. 
Such reports shall include, but need not be limited to--
          (1) a description of significant problems, abuses, 
        and deficiencies relating to the administration of 
        programs and operations of such establishment disclosed 
        by such activities during the reporting period;
          (2) a description of the recommendations for 
        corrective action made by the Office during the 
        reporting period with respect to significant problems, 
        abuses, or deficiencies identified pursuant to 
        paragraph (1);
          (3) an identification of each significant 
        recommendation described in previous semiannual reports 
        on which corrective action has not been completed;
          (4) a summary of matters referred to prosecutive 
        authorities and the prosecutions and convictions which 
        have resulted;
          (5) a summary of each report made to the head of the 
        establishment under section 6(c)(2) during the 
        reporting period;
          (6) a listing, subdivided according to subject 
        matter, of each audit report, inspection reports, 1 and 
        evaluation reports 1 issued by the Office during the 
        reporting period and for each report, where applicable, 
        the total dollar value of questioned costs (including a 
        separate category for the dollar value of unsupported 
        costs) and the dollar value of recommendations that 
        funds be put to better use;
          (7) a summary of each particularly significant 
        report;
          (8) statistical tables showing the total number of 
        audit reports, inspection reports, and evaluation 
        reports and the total dollar value of questioned costs 
        (including a separate category for the dollar value of 
        unsupported costs), for reports--
                  (A) for which no management decision had been 
                made by the commencement of the reporting 
                period;
                  (B) which were issued during the reporting 
                period;
                  (C) for which a management decision was made 
                during the reporting period, including--
                          (i) the dollar value of disallowed 
                        costs; and
                          (ii) the dollar value of costs not 
                        disallowed; and
                  (D) for which no management decision has been 
                made by the end of the reporting period;
          (9) statistical tables showing the total number of 
        audit reports, inspection reports, and evaluation 
        reports and the dollar value of recommendations that 
        funds be put to better use by management, for reports--
                  (A) for which no management decision had been 
                made by the commencement of the reporting 
                period;
                  (B) which were issued during the reporting 
                period;
                  (C) for which a management decision was made 
                during the reporting period, including--
                          (i) the dollar value of 
                        recommendations that were agreed to by 
                        management; and
                          (ii) the dollar value of 
                        recommendations that were not agreed to 
                        by management; and
                  (D) for which no management decision has been 
                made by the end of the reporting period;
          (10) a summary of each audit report, inspection 
        reports, 1 and evaluation reports 1 issued before the 
        commencement of the reporting period--
                  (A) for which no management decision has been 
                made by the end of the reporting period 
                (including the date and title of each such 
                report), an explanation of the reasons such 
                management decision has not been made, and a 
                statement concerning the desired timetable for 
                achieving a management decision on each such 
                report;
                  (B) for which no establishment comment was 
                returned within 60 days of providing the report 
                to the establishment; and
                  (C) for which there are any outstanding 
                unimplemented recommendations, including the 
                aggregate potential cost savings of those 
                recommendations.2
          (11) a description and explanation of the reasons for 
        any significant revised management decision made during 
        the reporting period;
          (12) information concerning any significant 
        management decision with which the Inspector General is 
        in disagreement;
          (13) the information described under section 804(b) 
        of the Federal Financial Management Improvement Act of 
        1996;
          (14)(A) an appendix containing the results of any 
        peer review conducted by another Office of Inspector 
        General during the reporting period; or
          (B) if no peer review was conducted within that 
        reporting period, a statement identifying the date of 
        the last peer review conducted by another Office of 
        Inspector General;
          (15) a list of any outstanding recommendations from 
        any peer review conducted by another Office of 
        Inspector General that have not been fully implemented, 
        including a statement describing the status of the 
        implementation and why implementation is not complete;
          (16) a list of any peer reviews conducted by the 
        Inspector General of another Office of the Inspector 
        General during the reporting period, including a list 
        of any outstanding recommendations made from any 
        previous peer review (including any peer review 
        conducted before the reporting period) that remain 
        outstanding or have not been fully implemented;
          (17) statistical tables showing--
                  (A) the total number of investigative reports 
                issued during the reporting period;
                  (B) the total number of persons referred to 
                the Department of Justice for criminal 
                prosecution during the reporting period;
                  (C) the total number of persons referred to 
                State and local prosecuting authorities for 
                criminal prosecution during the reporting 
                period; and
                  (D) the total number of indictments and 
                criminal informations during the reporting 
                period that resulted from any prior referral to 
                prosecuting authorities;
          (18) a description of the metrics used for developing 
        the data for the statistical tables under paragraph 
        (17);
          (19) a report on each investigation conducted by the 
        Office involving a senior Government employee where 
        allegations of misconduct were substantiated, including 
        the name of the senior government official (as defined 
        by the department or agency) if already made public by 
        the Office, and a detailed description of--
                  (A) the facts and circumstances of the 
                investigation; and
                  (B) the status and disposition of the matter, 
                including--
                          (i) if the matter was referred to the 
                        Department of Justice, the date of the 
                        referral; and
                          (ii) if the Department of Justice 
                        declined the referral, the date of the 
                        declination;
          (20)(A) a detailed description of any instance of 
        whistleblower retaliation, including information about 
        the official found to have engaged in retaliation; and
          (B) what, if any, consequences the establishment 
        actually imposed to hold the official described in 
        subparagraph (A) accountable;
          (21) a detailed description of any attempt by the 
        establishment to interfere with the independence of the 
        Office, including--
                  (A) with budget constraints designed to limit 
                the capabilities of the Office; and
                  (B) incidents where the establishment has 
                resisted or objected to oversight activities of 
                the Office or restricted or significantly 
                delayed access to information, including the 
                justification of the establishment for such 
                action; and
          (22) detailed descriptions of the particular 
        circumstances of each--
                  (A) inspection, evaluation, and audit 
                conducted by the Office that is closed and was 
                not disclosed to the public; and
                  (B) investigation conducted by the Office 
                involving a senior Government employee that is 
                closed and was not disclosed to the public.
    (b) Semiannual reports of each Inspector General shall be 
furnished to the head of the establishment involved not later 
than April 30 and October 31 of each year and shall be 
transmitted by such head to the appropriate committees or 
subcommittees of the Congress within thirty days after receipt 
of the report, together with a report by the head of the 
establishment containing--
          (1) any comments such head determines appropriate;
          (2) statistical tables showing the total number of 
        audit reports, inspection reports, and evaluation 
        reports and the dollar value of disallowed costs, for 
        reports--
                  (A) for which final action had not been taken 
                by the commencement of the reporting period;
                  (B) on which management decisions were made 
                during the reporting period;
                  (C) for which final action was taken during 
                the reporting period, including--
                          (i) the dollar value of disallowed 
                        costs that were recovered by management 
                        through collection, offset, property in 
                        lieu of cash, or otherwise; and
                          (ii) the dollar value of disallowed 
                        costs that were written off by 
                        management; and
                  (D) for which no final action has been taken 
                by the end of the reporting period;
          (3) statistical tables showing the total number of 
        audit reports, inspection reports, and evaluation 
        reports and the dollar value of recommendations that 
        funds be put to better use by management agreed to in a 
        management decision, for reports--
                  (A) for which final action had not been taken 
                by the commencement of the reporting period;
                  (B) on which management decisions were made 
                during the reporting period;
                  (C) for which final action was taken during 
                the reporting period, including--
                          (i) the dollar value of 
                        recommendations that were actually 
                        completed; and
                          (ii) the dollar value of 
                        recommendations that management has 
                        subsequently concluded should not or 
                        could not be implemented or completed; 
                        and
                  (D) for which no final action has been taken 
                by the end of the reporting period;
          (4) whether the establishment entered into a 
        settlement agreement with the official described in 
        subsection (a)(20)(A), which shall be reported 
        regardless of any confidentiality agreement relating to 
        the settlement agreement; and
          (5) a statement with respect to audit reports on 
        which management decisions have been made but final 
        action has not been taken, other than audit reports on 
        which a management decision was made within the 
        preceding year, containing--
                  (A) a list of such audit reports and the date 
                each such report was issued;
                  (B) the dollar value of disallowed costs for 
                each report;
                  (C) the dollar value of recommendations that 
                funds be put to better use agreed to by 
                management for each report; and
                  (D) an explanation of the reasons final 
                action has not been taken with respect to each 
                such audit report, except that such statement 
                may exclude such audit reports that are under 
                formal administrative or judicial appeal or 
                upon which management of an establishment has 
                agreed to pursue a legislative solution, but 
                shall identify the number of reports in each 
                category so excluded.
    (c) Within sixty days of the transmission of the semiannual 
reports of each Inspector General to the Congress, the head of 
each establishment shall make copies of such report available 
to the public upon request and at a reasonable cost. Within 60 
days after the transmission of the semiannual reports of each 
establishment head to the Congress, the head of each 
establishment shall make copies of such report available to the 
public upon request and at a reasonable cost.
    (d) Each Inspector General shall report immediately to the 
head of the establishment involved whenever the Inspector 
General becomes aware of particularly serious or flagrant 
problems, abuses, or deficiencies relating to the 
administration of programs and operations of such 
establishment. The head of the establishment shall transmit any 
such report to the appropriate committees or subcommittees of 
Congress within seven calendar days, together with a report by 
the head of the establishment containing any comments such head 
deems appropriate.
    (e)(1) Nothing in this section shall be construed to 
authorize the public disclosure of information which is--
          (A) specifically prohibited from disclosure by any 
        other provision of law;
          (B) specifically required by Executive order to be 
        protected from disclosure in the interest of national 
        defense or national security or in the conduct of 
        foreign affairs; or
          (C) a part of an ongoing criminal investigation.
    (2) Notwithstanding paragraph (1)(C), any report under this 
section may be disclosed to the public in a form which includes 
information with respect to a part of an ongoing criminal 
investigation if such information has been included in a public 
record.
    (3) Except to the extent and in the manner provided under 
section 6103(f) of the Internal Revenue Code of 1986 [26 U.S.C. 
6103(f)], nothing in this section or in any other provision of 
this Act shall be construed to authorize or permit the 
withholding of information from the Congress, or from any 
committee or subcommittee thereof.
    (4) Subject to any other provision of law that would 
otherwise prohibit disclosure of such information, the 
information described in paragraph (1) may be provided to any 
Member of Congress upon request.
    (5) An Office may not provide to Congress or the public any 
information that reveals the personally identifiable 
information of a whistleblower under this section unless the 
Office first obtains the consent of the whistleblower.
    (f) As used in this section--
          (1) the term ``questioned cost'' means a cost that is 
        questioned by the Office because of--
                  (A) an alleged violation of a provision of a 
                law, regulation, contract, grant, cooperative 
                agreement, or other agreement or document 
                governing the expenditure of funds;
                  (B) a finding that, at the time of the audit, 
                such cost is not supported by adequate 
                documentation; or
                  (C) a finding that the expenditure of funds 
                for the intended purpose is unnecessary or 
                unreasonable;
          (2) the term ``unsupported cost'' means a cost that 
        is questioned by the Office because the Office found 
        that, at the time of the audit, such cost is not 
        supported by adequate documentation;
          (3) the term ``disallowed cost'' means a questioned 
        cost that management, in a management decision, has 
        sustained or agreed should not be charged to the 
        Government;
          (4) the term ``recommendation that funds be put to 
        better use'' means a recommendation by the Office that 
        funds could be used more efficiently if management of 
        an establishment took actions to implement and complete 
        the recommendation, including--
                  (A) reductions in outlays;
                  (B) deobligation of funds from programs or 
                operations;
                  (C) withdrawal of interest subsidy costs on 
                loans or loan guarantees, insurance, or bonds;
                  (D) costs not incurred by implementing 
                recommended improvements related to the 
                operations of the establishment, a contractor 
                or grantee;
                  (E) avoidance of unnecessary expenditures 
                noted in preaward reviews of contract or grant 
                agreements; or
                  (F) any other savings which are specifically 
                identified;
          (5) the term ``management decision'' means the 
        evaluation by the management of an establishment of the 
        findings and recommendations included in an audit 
        report and the issuance of a final decision by 
        management concerning its response to such findings and 
        recommendations, including actions concluded to be 
        necessary;
          (6) the term ``final action'' means--
                  (A) the completion of all actions that the 
                management of an establishment has concluded, 
                in its management decision, are necessary with 
                respect to the findings and recommendations 
                included in an audit report; and
                  (B) in the event that the management of an 
                establishment concludes no action is necessary, 
                final action occurs when a management decision 
                has been made; and
          (7) the term ``senior Government employee'' means--
                  (A) an officer or employee in the executive 
                branch (including a special Government employee 
                as defined in section 202 of title 18, United 
                States Code) who occupies a position classified 
                at or above GS-15 of the General Schedule or, 
                in the case of positions not under the General 
                Schedule, for which the rate of basic pay is 
                equal to or greater than 120 percent of the 
                minimum rate of basic pay payable for GS-15 of 
                the General Schedule; and
                  (B) any commissioned officer in the Armed 
                Forces in pay grades O-6 and above.]

[Sec. 6. Authority of Inspector General; information and assistance 
                    from Federal agencies; unreasonable refusal; office 
                    space and equipment

    (a) In addition to the authority otherwise provided by this 
Act, each Inspector General, in carrying out the provisions of 
this Act, is authorized--
          (1)(A) to have timely access to all records, reports, 
        audits, reviews, documents, papers, recommendations, or 
        other materials available to the applicable 
        establishment which relate to the programs and 
        operations with respect to which that Inspector General 
        has responsibilities under this Act;
          (B) to have access under subparagraph (A) 
        notwithstanding any other provision of law, except 
        pursuant to any provision of law enacted by Congress 
        that expressly--
                  (i) refers to the Inspector General; and
                  (ii) limits the right of access of the 
                Inspector General; and
          (C) except as provided in subsection (i), with regard 
        to Federal grand jury materials protected from 
        disclosure pursuant to rule 6(e) of the Federal Rules 
        of Criminal Procedure, to have timely access to such 
        information if the Attorney General grants the request 
        in accordance with subsection (h);
          (2) to make such investigations and reports relating 
        to the administration of the programs and operations of 
        the applicable establishment as are, in the judgment of 
        the Inspector General, necessary or desirable;
          (3) to request such information or assistance as may 
        be necessary for carrying out the duties and 
        responsibilities provided by this Act from any Federal, 
        State, or local governmental agency or unit thereof;
          (4) to require by subpoena the production of all 
        information, documents, reports, answers, records, 
        accounts, papers, and other data in any medium 
        (including electronically stored information), as well 
        as any tangible thing and documentary evidence 
        necessary in the performance of the functions assigned 
        by this Act, which subpoena, in the case of contumacy 
        or refusal to obey, shall be enforceable by order of 
        any appropriate United States district court: Provided, 
        That procedures other than subpoenas shall be used by 
        the Inspector General to obtain documents and 
        information from Federal agencies;
          (5) to administer to or take from any person an oath, 
        affirmation, or affidavit, whenever necessary in the 
        performance of the functions assigned by this Act, 
        which oath, affirmation, or affidavit when administered 
        or taken by or before an employee of an Office of 
        Inspector General designated by the Inspector General 
        shall have the same force and effect as if administered 
        or taken by or before an officer having a seal;
          (6) to have direct and prompt access to the head of 
        the establishment involved when necessary for any 
        purpose pertaining to the performance of functions and 
        responsibilities under this Act;
          (7) to select, appoint, and employ such officers and 
        employees as may be necessary for carrying out the 
        functions, powers, and duties of the Office subject to 
        the provisions of title 5, United States Code, 
        governing appointments in the competitive service, and 
        the provisions of chapter 51 and subchapter III of 
        chapter 53 of such title relating to classification and 
        General Schedule pay rates;
          (8) to obtain services as authorized by section 3109 
        of title 5, United States Code, at daily rates not to 
        exceed the equivalent rate prescribed for grade GS-18 
        of the General Schedule by section 5332 of title 5, 
        United States Code; and
          (9) to the extent and in such amounts as may be 
        provided in advance by appropriations Acts, to enter 
        into contracts and other arrangements for audits, 
        studies, analyses, and other services with public 
        agencies and with private persons, and to make such 
        payments as may be necessary to carry out the 
        provisions of this Act.
    (b) Nothing in this section shall be construed as 
authorizing an Inspector General to publicly disclose 
information otherwise prohibited from disclosure by law.
    (c)(1) Upon request of an Inspector General for information 
or assistance under subsection (a)(3), the head of any Federal 
agency involved shall, insofar as is practicable and not in 
contravention of any existing statutory restriction or 
regulation of the Federal agency from which the information is 
requested, furnish to such Inspector General, or to an 
authorized designee, such information or assistance.
    (2) Whenever information or assistance requested under 
subsection (a)(1) or (a)(3) is, in the judgment of an Inspector 
General, unreasonably refused or not provided, the Inspector 
General shall report the circumstances to the head of the 
establishment involved without delay.
    (d) Each head of an establishment shall provide the Office 
within such establishment with appropriate and adequate office 
space at central and field office locations of such 
establishment, together with such equipment, office supplies, 
and communications facilities and services as may be necessary 
for the operation of such offices, and shall provide necessary 
maintenance services for such offices and the equipment and 
facilities located therein.
    (e)(1)(A) For purposes of applying the provisions of law 
identified in subparagraph (B)--
          (i) each Office of Inspector General shall be 
        considered to be a separate agency; and
          (ii) the Inspector General who is the head of an 
        office referred to in clause (i) shall, with respect to 
        such office, have the functions, powers, and duties of 
        an agency head or appointing authority under such 
        provisions.
    (B) This paragraph applies with respect to the following 
provisions of title 5, United States Code:
          (i) Subchapter II of chapter 35.
          (ii) Sections 8335(b), 8336, 8344, 8414, 8468, and 
        8425(b).
          (iii) All provisions relating to the Senior Executive 
        Service (as determined by the Office of Personnel 
        Management), subject to paragraph (2).
    (2) For purposes of applying section 4507(b) of title 5, 
United States Code, paragraph (1)(A)(ii) shall be applied by 
substituting ``the Council of the Inspectors General on 
Integrity and Efficiency (established by section 11 of the 
Inspector General Act) shall'' for ``the Inspector General who 
is the head of an office referred to in clause (i) shall, with 
respect to such office,''.
    (f)(1) In addition to the authority otherwise provided by 
this Act, each Inspector General, any Assistant Inspector 
General for Investigations under such an Inspector General, and 
any special agent supervised by such an Assistant Inspector 
General may be authorized by the Attorney General to--
          (A) carry a firearm while engaged in official duties 
        as authorized under this Act or other statute, or as 
        expressly authorized by the Attorney General;
          (B) make an arrest without a warrant while engaged in 
        official duties as authorized under this Act or other 
        statute, or as expressly authorized by the Attorney 
        General, for any offense against the United States 
        committed in the presence of such Inspector General, 
        Assistant Inspector General, or agent, or for any 
        felony cognizable under the laws of the United States 
        if such Inspector General, Assistant Inspector General, 
        or agent has reasonable grounds to believe that the 
        person to be arrested has committed or is committing 
        such felony; and
          (C) seek and execute warrants for arrest, search of a 
        premises, or seizure of evidence issued under the 
        authority of the United States upon probable cause to 
        believe that a violation has been committed.
    (2) The Attorney General may authorize exercise of the 
powers under this subsection only upon an initial determination 
that--
          (A) the affected Office of Inspector General is 
        significantly hampered in the performance of 
        responsibilities established by this Act as a result of 
        the lack of such powers;
          (B) available assistance from other law enforcement 
        agencies is insufficient to meet the need for such 
        powers; and
          (C) adequate internal safeguards and management 
        procedures exist to ensure proper exercise of such 
        powers.
    (3) The Inspector General offices of the Department of 
Commerce, Department of Education, Department of Energy, 
Department of Health and Human Services, Department of Homeland 
Security, Department of Housing and Urban Development, 
Department of the Interior, Department of Justice, Department 
of Labor, Department of State, Department of Transportation, 
Department of the Treasury, Department of Veterans Affairs, 
Agency for International Development, Environmental Protection 
Agency, Federal Deposit Insurance Corporation, Federal 
Emergency Management Agency, General Services Administration, 
National Aeronautics and Space Administration, Nuclear 
Regulatory Commission, Office of Personnel Management, Railroad 
Retirement Board, Small Business Administration, Social 
Security Administration, and the Tennessee Valley Authority are 
exempt from the requirement of paragraph (2) of an initial 
determination of eligibility by the Attorney General.
    (4) The Attorney General shall promulgate, and revise as 
appropriate, guidelines which shall govern the exercise of the 
law enforcement powers established under paragraph (1).
    (5)(A) Powers authorized for an Office of Inspector General 
under paragraph (1) may be rescinded or suspended upon a 
determination by the Attorney General that any of the 
requirements under paragraph (2) is no longer satisfied or that 
the exercise of authorized powers by that Office of Inspector 
General has not complied with the guidelines promulgated by the 
Attorney General under paragraph (4).
    (B) Powers authorized to be exercised by any individual 
under paragraph (1) may be rescinded or suspended with respect 
to that individual upon a determination by the Attorney General 
that such individual has not complied with guidelines 
promulgated by the Attorney General under paragraph (4).
    (6) A determination by the Attorney General under paragraph 
(2) or (5) shall not be reviewable in or by any court.
    (7) To ensure the proper exercise of the law enforcement 
powers authorized by this subsection, the Offices of Inspector 
General described under paragraph (3) shall, not later than 180 
days after the date of enactment of this subsection, 
collectively enter into a memorandum of understanding to 
establish an external review process for ensuring that adequate 
internal safeguards and management procedures continue to exist 
within each Office and within any Office that later receives an 
authorization under paragraph (2). The review process shall be 
established in consultation with the Attorney General, who 
shall be provided with a copy of the memorandum of 
understanding that establishes the review process. Under the 
review process, the exercise of the law enforcement powers by 
each Office of Inspector General shall be reviewed periodically 
by another Office of Inspector General or by a committee of 
Inspectors General. The results of each review shall be 
communicated in writing to the applicable Inspector General and 
to the Attorney General.
    (8) No provision of this subsection shall limit the 
exercise of law enforcement powers established under any other 
statutory authority, including United States Marshals Service 
special deputation.
    (9) In this subsection, the term ``Inspector General'' 
means an Inspector General appointed under section 3 or an 
Inspector General appointed under section 8G.
    (g)(1) For each fiscal year, an Inspector General shall 
transmit a budget estimate and request to the head of the 
establishment or designated Federal entity to which the 
Inspector General reports. The budget request shall specify the 
aggregate amount of funds requested for such fiscal year for 
the operations of that Inspector General and shall specify the 
amount requested for all training needs, including a 
certification from the Inspector General that the amount 
requested satisfies all training requirements for the Inspector 
General's office for that fiscal year, and any resources 
necessary to support the Council of the Inspectors General on 
Integrity and Efficiency. Resources necessary to support the 
Council of the Inspectors General on Integrity and Efficiency 
shall be specifically identified and justified in the budget 
request.
    (2) In transmitting a proposed budget to the President for 
approval, the head of each establishment or designated Federal 
entity shall include--
          (A) an aggregate request for the Inspector General;
          (B) amounts for Inspector General training;
          (C) amounts for support of the Council of the 
        Inspectors General on Integrity and Efficiency; and
          (D) any comments of the affected Inspector General 
        with respect to the proposal.
    (3) The President shall include in each budget of the 
United States Government submitted to Congress--
          (A) a separate statement of the budget estimate 
        prepared in accordance with paragraph (1);
          (B) the amount requested by the President for each 
        Inspector General;
          (C) the amount requested by the President for 
        training of Inspectors General;
          (D) the amount requested by the President for support 
        for the Council of the Inspectors General on Integrity 
        and Efficiency; and
          (E) any comments of the affected Inspector General 
        with respect to the proposal if the Inspector General 
        concludes that the budget submitted by the President 
        would substantially inhibit the Inspector General from 
        performing the duties of the office.
    (h)(1) If the Inspector General of an establishment submits 
a request to the head of the establishment for Federal grand 
jury materials pursuant to subsection (a)(1), the head of the 
establishment shall immediately notify the Attorney General of 
such request.
    (2) Not later than 15 days after the date on which a 
request is submitted to the Attorney General under paragraph 
(1), the Attorney General shall determine whether to grant or 
deny the request for Federal grand jury materials and shall 
immediately notify the head of the establishment of such 
determination. The Attorney General shall grant the request 
unless the Attorney General determines that granting access to 
the Federal grand jury materials would be likely to--
          (A) interfere with an ongoing criminal investigation 
        or prosecution;
          (B) interfere with an undercover operation;
          (C) result in disclosure of the identity of a 
        confidential source, including a protected witness;
          (D) pose a serious threat to national security; or
          (E) result in significant impairment of the trade or 
        economic interests of the United States.
    (3)(A) The head of the establishment shall inform the 
Inspector General of the establishment of the determination 
made by the Attorney General with respect to the request for 
Federal grand jury materials.
    (B) The Inspector General of the establishment described 
under subparagraph (A) may submit comments on the determination 
submitted pursuant to such subparagraph to the committees 
listed under paragraph (4) that the Inspector General considers 
appropriate.
    (4) Not later than 30 days after notifying the head of an 
establishment of a denial pursuant to paragraph (2), the 
Attorney General shall submit a statement that the request for 
Federal grand jury materials by the Inspector General was 
denied and the reason for the denial to each of the following:
          (A) The Committee on Homeland Security and 
        Governmental Affairs, the Committee on the Judiciary, 
        and the Select Committee on Intelligence of the Senate.
          (B) The Committee on Oversight and Government Reform, 
        the Committee on the Judiciary, and the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives.
          (C) Other appropriate committees and subcommittees of 
        Congress.
                  (i) Subsections (a)(1)(C) and (h) shall not 
                apply to requests from the Inspector General of 
                the Department of Justice.
    (j)(1) In this subsection, the terms ``agency'', ``matching 
program'', ``record'', and ``system of records''' have the 
meanings given those terms in section 552a(a) of title 5, 
United States Code.
    (2) For purposes of section 552a of title 5, United States 
Code, or any other provision of law, a computerized comparison 
of two or more automated Federal systems of records, or a 
computerized comparison of a Federal system of records with 
other records or non-Federal records, performed by an Inspector 
General or by an agency in coordination with an Inspector 
General in conducting an audit, investigation, inspection, 
evaluation, or other review authorized under this Act shall not 
be considered a matching program.
    (3) Nothing in this subsection shall be construed to impede 
the exercise by an Inspector General of any matching program 
authority established under any other provision of law.
    (k) Subchapter I of chapter 35 of title 44, United States 
Code, shall not apply to the collection of information during 
the conduct of an audit, investigation, inspection, evaluation, 
or other review conducted by the Council of the Inspectors 
General on Integrity and Efficiency or any Office of Inspector 
General, including any Office of Special Inspector General.]

[Sec. 7. Complaints by employees; disclosure of identity; reprisals

    (a) The Inspector General may receive and investigate 
complaints or information from an employee of the establishment 
concerning the possible existence of an activity constituting a 
violation of law, rules, or regulations, or mismanagement, 
gross waste of funds, abuse of authority or a substantial and 
specific danger to the public health and safety.
    (b) The Inspector General shall not, after receipt of a 
complaint or information from an employee, disclose the 
identity of the employee without the consent of the employee, 
unless the Inspector General determines such disclosure is 
unavoidable during the course of the investigation.
    (c) Any employee who has authority to take, direct others 
to take, recommend, or approve any personnel action, shall not, 
with respect to such authority, take or threaten to take any 
action against any employee as a reprisal for making a 
complaint or disclosing information to an Inspector General, 
unless the complaint was made or the information disclosed with 
the knowledge that it was false or with willful disregard for 
its truth or falsity.]

[Sec. 8. Additional provisions with respect to the Inspector General of 
                    the Department of Defense

    (a) No member of the Armed Forces, active or reserve, shall 
be appointed Inspector General of the Department of Defense.
    (b)(1) Notwithstanding the last two sentences of section 
3(a), the Inspector General shall be under the authority, 
direction, and control of the Secretary of Defense with respect 
to audits or investigations, or the issuance of subpoenas, 
which require access to information concerning--
          (A) sensitive operational plans;
          (B) intelligence matters;
          (C) counterintelligence matters;
          (D) ongoing criminal investigations by other 
        administrative units of the Department of Defense 
        related to national security; or
          (E) other matters the disclosure of which would 
        constitute a serious threat to national security.
    (2) With respect to the information described in paragraph 
(1) the Secretary of Defense may prohibit the Inspector General 
from initiating, carrying out, or completing any audit or 
investigation, from accessing information described in 
paragraph (1), or from issuing any subpoena, after the 
Inspector General has decided to initiate, carry out or 
complete such audit or investigation, access such information, 
or to issue such subpoena, if the Secretary determines that 
such prohibition is necessary to preserve the national security 
interests of the United States.
    (3) If the Secretary of Defense exercises any power under 
paragraph (1) or (2), the Inspector General shall submit a 
statement concerning such exercise within thirty days to the 
Committees on Armed Services and Governmental Affairs of the 
Senate and the Committee on Armed Services and the Committee on 
Government Reform and Oversight of the House of Representatives 
and to other appropriate committees or subcommittees of the 
Congress.
    (4) The Secretary shall, within thirty days after 
submission of a statement under paragraph (3), transmit a 
statement of the reasons for the exercise of power under 
paragraph (1) or (2) to the congressional committees specified 
in paragraph (3) and to other appropriate committees or 
subcommittees.
    (c) In addition to the other duties and responsibilities 
specified in this Act, the Inspector General of the Department 
of Defense shall--
          (1) be the principal adviser to the Secretary of 
        Defense for matters relating to the prevention and 
        detection of fraud, waste, and abuse in the programs 
        and operations of the Department;
          (2) initiate, conduct, and supervise such audits and 
        investigations in the Department of Defense (including 
        the military departments) as the Inspector General 
        considers appropriate;
          (3) provide policy direction for audits and 
        investigations relating to fraud, waste, and abuse and 
        program effectiveness;
          (4) investigate fraud, waste, and abuse uncovered as 
        a result of other contract and internal audits, as the 
        Inspector General considers appropriate;
          (5) develop policy, monitor and evaluate program 
        performance, and provide guidance with respect to all 
        Department activities relating to criminal 
        investigation programs;
          (6) monitor and evaluate the adherence of Department 
        auditors to internal audit, contract audit, and 
        internal review principles, policies, and procedures;
          (7) develop policy, evaluate program performance, and 
        monitor actions taken by all components of the 
        Department in response to contract audits, internal 
        audits, internal review reports, and audits conducted 
        by the Comptroller General of the United States;
          (8) request assistance as needed from other audit, 
        inspection, and investigative units of the Department 
        of Defense (including military departments);
          (9) give particular regard to the activities of the 
        internal audit, inspection, and investigative units of 
        the military departments with a view toward avoiding 
        duplication and insuring effective coordination and 
        cooperation; and
          (10) conduct, or approve arrangements for the conduct 
        of, external peer reviews of Department of Defense 
        audit agencies in accordance with and in such frequency 
        as provided by Government auditing standards as 
        established by the Comptroller General of the United 
        States.
    (d) Notwithstanding section 4(d), the Inspector General of 
the Department of Defense shall expeditiously report suspected 
or alleged violations of chapter 47 of title 10, United States 
Code (Uniform Code of Military Justice), to the Secretary of 
the military department concerned or the Secretary of Defense.
    (e) For the purposes of section 7, a member of the Armed 
Forces shall be deemed to be an employee of the Department of 
Defense, except that, when the Coast Guard operates as a 
service of another department or agency of the Federal 
Government, a member of the Coast Guard shall be deemed to be 
an employee of such department or agency.
    (f)(1) Each semiannual report prepared by the Inspector 
General of the Department of Defense under section 5(a) shall 
be transmitted by the Secretary of Defense to the Committees on 
Armed Services and on Homeland Security and Governmental 
Affairs of the Senate and the Committees on Armed Services and 
on Oversight and Government Reform of the House of 
Representatives and to other appropriate committees or 
subcommittees of Congress. Each such report shall include--
          (A) information concerning the numbers and types of 
        contract audits conducted by the Department during the 
        reporting period; and
          (B) information concerning any Department of Defense 
        audit agency that, during the reporting period, has 
        either received a failed opinion from an external peer 
        review or is overdue for an external peer review 
        required to be conducted in accordance with subsection 
        (c)(10).
    (2) Any report required to be transmitted by the Secretary 
of Defense to the appropriate committees or subcommittees of 
the Congress under section 5(d) shall also be transmitted, 
within the seven-day period specified in such section, to the 
congressional committees specified in paragraph (1).
    (g) The provisions of section 1385 of title 18, United 
States Code, shall not apply to audits and investigations 
conducted by, under the direction of, or at the request of the 
Inspector General of the Department of Defense to carry out the 
purposes of this Act.
    (h)(1) There is a General Counsel to the Inspector General 
of the Department of Defense, who shall be appointed by the 
Inspector General of the Department of Defense.
    (2)(A) Notwithstanding section 140(b) of title 10, United 
States Code, the General Counsel is the chief legal officer of 
the Office of the Inspector General.
    (B) The Inspector General is the exclusive legal client of 
the General Counsel.
    (C) The General Counsel shall perform such functions as the 
Inspector General may prescribe.
    (D) The General Counsel shall serve at the discretion of 
the Inspector General.
    (3) There is an Office of the General Counsel to the 
Inspector General of the Department of Defense. The Inspector 
General may appoint to the Office to serve as staff of the 
General Counsel such legal counsel as the Inspector General 
considers appropriate.
          (i)(1) The Inspector General of the Department of 
        Defense is authorized to require by subpoena the 
        attendance and testimony of witnesses as necessary in 
        the performance of functions assigned to the Inspector 
        General by this Act, except that the Inspector General 
        shall use procedures other than subpoenas to obtain 
        attendance and testimony from Federal employees.
          (2) A subpoena issued under this subsection, in the 
        case of contumacy or refusal to obey, shall be 
        enforceable by order of any appropriate United States 
        district court.
          (3) The Inspector General shall notify the Attorney 
        General 7 days before issuing any subpoena under this 
        section.]

Sec. 8A. Special provisions relating to the Agency for International 
                    Development

           *       *       *       *       *       *       *


    [(c) In addition to the officers and employees provided for 
in section 6(a)(6) of this Act, members of the Foreign Service 
may, at the request of the Inspector General of the Agency for 
International Development, be assigned as employees of the 
Inspector General. Members of the Foreign Service so assigned 
shall be responsible solely to the Inspector General, and the 
Inspector General (or his or her designee) shall prepare the 
performance evaluation reports for such members.
    (d) In establishing and staffing field offices pursuant to 
section 6(d) of this Act, the Administrator of the Agency for 
International Development shall not be bound by overseas 
personnel ceilings established under the Monitoring Overseas 
Direct Employment policy.
    (e) The Inspector General of the Agency for International 
Development shall be in addition to the officers provided for 
in section 624(a) of the Foreign Assistance Act of 1961 [22 
U.S.C. 2384(a)].
    (f) As used in this Act, the term ``Agency for 
International Development'' includes any successor agency 
primarily responsible for administering part I of the Foreign 
Assistance Act of 1961 [22 U.S.C. 2151 et seq.].]

[Sec. 8B. Special provisions concerning the Nuclear Regulatory 
                    Commission

    (a) The Chairman of the Commission may delegate the 
authority specified in the second sentence of section 3(a) to 
another member of the Nuclear Regulatory Commission, but shall 
not delegate such authority to any other officer or employee of 
the Commission.
    (b) Notwithstanding sections 6(a)(7) and (8), the Inspector 
General of the Nuclear Regulatory Commission is authorized to 
select, appoint, and employ such officers and employees as may 
be necessary for carrying out the functions, powers and duties 
of the Office of Inspector General and to obtain the temporary 
or intermittent services of experts or consultants or an 
organization thereof, subject to the applicable laws and 
regulations that govern such selections, appointments and 
employment, and the obtaining of such services, within the 
Nuclear Regulatory Commission.]

[Sec. 8C. Special provisions concerning the Federal Deposit Insurance 
                    Corporation

    (a) Delegation.--The Chairperson of the Federal Deposit 
Insurance Corporation may delegate the authority specified in 
the second sentence of section 3(a) to the Vice Chairperson of 
the Board of Directors of the Federal Deposit Insurance 
Corporation, but may not delegate such authority to any other 
officer or employee of the Corporation.
    (b) Personnel.--Notwithstanding paragraphs (7) and (8) of 
section 6(a), the Inspector General of the Federal Deposit 
Insurance Corporation may select, appoint, and employ such 
officers and employees as may be necessary for carrying out the 
functions, powers, and duties of the Office of Inspector 
General and to obtain the temporary or intermittent services of 
experts or consultants or an organization of experts or 
consultants, subject to the applicable laws and regulations 
that govern such selections, appointments, and employment, and 
the obtaining of such services, within the Federal Deposit 
Insurance Corporation.]

[Sec. 8D. Special provisions concerning the Department of the Treasury

    (a)(1) Notwithstanding the last two sentences of section 
3(a), the Inspector General of the Department of the Treasury 
shall be under the authority, direction, and control of the 
Secretary of the Treasury with respect to audits or 
investigations, or the issuance of subpoenas, which require 
access to sensitive information concerning--
          (A) ongoing criminal investigations or proceedings;
          (B) undercover operations;
          (C) the identity of confidential sources, including 
        protected witnesses;
          (D) deliberations and decisions on policy matters, 
        including documented information used as a basis for 
        making policy decisions, the disclosure of which could 
        reasonably be expected to have a significant influence 
        on the economy or market behavior;
          (E) intelligence or counterintelligence matters; or
          (F) other matters the disclosure of which would 
        constitute a serious threat to national security or to 
        the protection of any person or property authorized 
        protection by section 3056 of title 18, United States 
        Code, section 3056A of title 18, United States Code, or 
        any provision of the Presidential Protection Assistance 
        Act of 1976 (18 U.S.C. 3056 note; Public Law 94-524).
    (2) With respect to the information described under 
paragraph (1), the Secretary of the Treasury may prohibit the 
Inspector General of the Department of the Treasury from 
carrying out or completing any audit or investigation, from 
accessing information described in paragraph (1), or from 
issuing any subpoena, after such Inspector General has decided 
to initiate, carry out, or complete such audit or 
investigation, access such information, or to issue such 
subpoena, if the Secretary determines that such prohibition is 
necessary to prevent the disclosure of any information 
described under paragraph (1) or to prevent significant 
impairment to the national interests of the United States.
    (3) If the Secretary of the Treasury exercises any power 
under paragraph (1) or (2), the Secretary of the Treasury shall 
notify the Inspector General of the Department of the Treasury 
in writing stating the reasons for such exercise. Within 30 
days after receipt of any such notice, the Inspector General of 
the Department of the Treasury shall transmit a copy of such 
notice to the Committees on Governmental Affairs and Finance of 
the Senate and the Committees on Government Operations and Ways 
and Means of the House of Representatives, and to other 
appropriate committees or subcommittees of the Congress.
    (4) The Secretary of the Treasury may not exercise any 
power under paragraph (1) or (2) with respect to the Treasury 
Inspector General for Tax Administration.
    (b)(1) In carrying out the duties and responsibilities 
specified in this Act, the Inspector General of the Department 
of the Treasury shall have oversight responsibility for the 
internal investigations performed by the Office of Internal 
Affairs of the Tax and Trade Bureau. The head of such office 
shall promptly report to the Inspector General of the 
Department of the Treasury the significant activities being 
carried out by such office.
    (2) The Inspector General of the Department of the Treasury 
shall exercise all duties and responsibilities of an Inspector 
General for the Department of the Treasury other than the 
duties and responsibilities exercised by the Treasury Inspector 
General for Tax Administration.
    (3) The Secretary of the Treasury shall establish 
procedures under which the Inspector General of the Department 
of the Treasury and the Treasury Inspector General for Tax 
Administration will--
          (A) determine how audits and investigations are 
        allocated in cases of overlapping jurisdiction; and
          (B) provide for coordination, cooperation, and 
        efficiency in the conduct of such audits and 
        investigations.
    (c) Notwithstanding subsection (b), the Inspector General 
of the Department of the Treasury may initiate, conduct and 
supervise such audits and investigations in the Department of 
the Treasury (including the bureau referred to in subsection 
(b)) as the Inspector General of the Department of the Treasury 
considers appropriate.
    (d) If the Inspector General of the Department of the 
Treasury initiates an audit or investigation under subsection 
(c) concerning the bureau referred to in subsection (b), the 
Inspector General of the Department of the Treasury may provide 
the head of the office of such bureau referred to in subsection 
(b) with written notice that the Inspector General of the 
Department of the Treasury has initiated such an audit or 
investigation. If the Inspector General of the Department of 
the Treasury issues a notice under the preceding sentence, no 
other audit or investigation shall be initiated into the matter 
under audit or investigation by the Inspector General of the 
Department of the Treasury and any other audit or investigation 
of such matter shall cease.
    (e)(1) The Treasury Inspector General for Tax 
Administration shall have access to returns and return 
information, as defined in section 6103(b) of the Internal 
Revenue Code of 1986 [26 U.S.C. 6103(b)], only in accordance 
with the provisions of section 6103 of such Code [26 U.S.C. 
6103] and this Act.
    (2) The Internal Revenue Service shall maintain the same 
system of standardized records or accountings of all requests 
from the Treasury Inspector General for Tax Administration for 
inspection or disclosure of returns and return information 
(including the reasons for and dates of such requests), and of 
returns and return information inspected or disclosed pursuant 
to such requests, as described under section 6103(p)(3)(A) of 
the Internal Revenue Code of 1986 [26 U.S.C. 6103(p)(3)(A)]. 
Such system of standardized records or accountings shall also 
be available for examination in the same manner as provided 
under section 6103(p)(3) of the Internal Revenue Code of 1986.
    (3) The Treasury Inspector General for Tax Administration 
shall be subject to the same safeguards and conditions for 
receiving returns and return information as are described under 
section 6103(p)(4) of the Internal Revenue Code of 1986 [26 
U.S.C. 6103(p)(4)].
    (f) An audit or investigation conducted by the Inspector 
General of the Department of the Treasury or the Treasury 
Inspector General for Tax Administration shall not affect a 
final decision of the Secretary of the Treasury or his delegate 
under section 6406 of the Internal Revenue Code of 1986 [26 
U.S.C. 6406].
    (g)(1) Any report required to be transmitted by the 
Secretary of the Treasury to the appropriate committees or 
subcommittees of the Congress under section 5(d) shall also be 
transmitted, within the seven-day period specified under such 
section, to the Committees on Governmental Affairs and Finance 
of the Senate and the Committees on Government Reform and 
Oversight and Ways and Means of the House of Representatives.
    (2) Any report made by the Treasury Inspector General for 
Tax Administration that is required to be transmitted by the 
Secretary of the Treasury to the appropriate committees or 
subcommittees of Congress under section 5(d) shall also be 
transmitted, within the 7-day period specified under such 
subsection, to the Internal Revenue Service Oversight Board and 
the Commissioner of Internal Revenue.
    (h) The Treasury Inspector General for Tax Administration 
shall exercise all duties and responsibilities of an Inspector 
General of an establishment with respect to the Department of 
the Treasury and the Secretary of the Treasury on all matters 
relating to the Internal Revenue Service. The Treasury 
Inspector General for Tax Administration shall have sole 
authority under this Act to conduct an audit or investigation 
of the Internal Revenue Service Oversight Board and the Chief 
Counsel for the Internal Revenue Service.
    (i) In addition to the requirements of the first sentence 
of section 3(a), the Treasury Inspector General for Tax 
Administration should have demonstrated ability to lead a large 
and complex organization.
    (j) An individual appointed to the position of Treasury 
Inspector General for Tax Administration, the Assistant 
Inspector General for Auditing of the Office of the Treasury 
Inspector General for Tax Administration under section 
3(d)(1)(A), the Assistant Inspector General for Investigations 
of the Office of the Treasury Inspector General for Tax 
Administration under section 3(d)(1)(B), or any position of 
Deputy Inspector General of the Office of the Treasury 
Inspector General for Tax Administration may not be an employee 
of the Internal Revenue Service--
          (1) during the 2-year period preceding the date of 
        appointment to such position; or
          (2) during the 5-year period following the date such 
        individual ends service in such position.
    (k)(1) In addition to the duties and responsibilities 
exercised by an inspector general of an establishment, the 
Treasury Inspector General for Tax Administration--
          (A) shall have the duty to enforce criminal 
        provisions under section 7608(b) of the Internal 
        Revenue Code of 1986 [26 U.S.C. 7608(b)];
          (B) in addition to the functions authorized under 
        section 7608(b)(2) of such Code, may carry firearms;
          (C) shall be responsible for protecting the Internal 
        Revenue Service against external attempts to corrupt or 
        threaten employees of the Internal Revenue Service, but 
        shall not be responsible for the conducting of 
        background checks and the providing of protection to 
        the Commissioner of Internal Revenue; and
          (D) may designate any employee in the Office of the 
        Treasury Inspector General for Tax Administration to 
        enforce such laws and perform such functions referred 
        to under subparagraphs (A), (B), and (C).
    (2)(A) In performing a law enforcement function under 
paragraph (1), the Treasury Inspector General for Tax 
Administration shall report any reasonable grounds to believe 
there has been a violation of Federal criminal law to the 
Attorney General at an appropriate time as determined by the 
Treasury Inspector General for Tax Administration, 
notwithstanding section 4(d).
    (B) In the administration of section 5(d) and subsection 
(g)(2) of this section, the Secretary of the Treasury may 
transmit the required report with respect to the Treasury 
Inspector General for Tax Administration at an appropriate time 
as determined by the Secretary, if the problem, abuse, or 
deficiency relates to--
          (i) the performance of a law enforcement function 
        under paragraph (1); and
          (ii) sensitive information concerning matters under 
        subsection (a)(1)(A) through (F).
    (3) Nothing in this subsection shall be construed to affect 
the authority of any other person to carry out or enforce any 
provision specified in paragraph (1).
    (l)(1) The Commissioner of Internal Revenue or the Internal 
Revenue Service Oversight Board may request, in writing, the 
Treasury Inspector General for Tax Administration to conduct an 
audit or investigation relating to the Internal Revenue 
Service. If the Treasury Inspector General for Tax 
Administration determines not to conduct such audit or 
investigation, the Inspector General shall timely provide a 
written explanation for such determination to the person making 
the request.
    (2)(A) Any final report of an audit conducted by the 
Treasury Inspector General for Tax Administration shall be 
timely submitted by the Inspector General to the Commissioner 
of Internal Revenue and the Internal Revenue Service Oversight 
Board.
    (B) The Treasury Inspector General for Tax Administration 
shall periodically submit to the Commissioner and Board a list 
of investigations for which a final report has been completed 
by the Inspector General and shall provide a copy of any such 
report upon request of the Commissioner or Board.
    (C) This paragraph applies regardless of whether the 
applicable audit or investigation is requested under paragraph 
(1).]

[Sec. 8E. Special provisions concerning the Department of Justice

    (a)(1) Notwithstanding the last two sentences of section 
3(a), the Inspector General shall be under the authority, 
direction, and control of the Attorney General with respect to 
audits or investigations, or the issuance of subpoenas, which 
require access to sensitive information concerning--
          (A) ongoing civil or criminal investigations or 
        proceedings;
          (B) undercover operations;
          (C) the identity of confidential sources, including 
        protected witnesses;
          (D) intelligence or counterintelligence matters; or
          (E) other matters the disclosure of which would 
        constitute a serious threat to national security.
    (2) With respect to the information described under 
paragraph (1), the Attorney General may prohibit the Inspector 
General from carrying out or completing any audit or 
investigation, from accessing information described in 
paragraph (1), or from issuing any subpoena, after such 
Inspector General has decided to initiate, carry out, or 
complete such audit or investigation, access such information, 
or to issue such subpoena, if the Attorney General determines 
that such prohibition is necessary to prevent the disclosure of 
any information described under paragraph (1) or to prevent the 
significant impairment to the national interests of the United 
States.
    (3) If the Attorney General exercises any power under 
paragraph (1) or (2), the Attorney General shall notify the 
Inspector General in writing stating the reasons for such 
exercise. Within 30 days after receipt of any such notice, the 
Inspector General shall transmit a copy of such notice to the 
Committees on Governmental Affairs and Judiciary of the Senate 
and the Committees on Government Operations and Judiciary of 
the House of Representatives, and to other appropriate 
committees or subcommittees of the Congress.
    (b) In carrying out the duties and responsibilities 
specified in this Act, the Inspector General of the Department 
of Justice--
          (1) may initiate, conduct and supervise such audits 
        and investigations in the Department of Justice as the 
        Inspector General considers appropriate;
          (2) except as specified in subsection (a) and 
        paragraph (3), may investigate allegations of criminal 
        wrongdoing or administrative misconduct by an employee 
        of the Department of Justice, or may, in the discretion 
        of the Inspector General, refer such allegations to the 
        Office of Professional Responsibility or the internal 
        affairs office of the appropriate component of the 
        Department of Justice;
          (3) shall refer to the Counsel, Office of 
        Professional Responsibility of the Department of 
        Justice, allegations of misconduct involving Department 
        attorneys, investigators, or law enforcement personnel, 
        where the allegations relate to the exercise of the 
        authority of an attorney to investigate, litigate, or 
        provide legal advice, except that no such referral 
        shall be made if the attorney is employed in the Office 
        of Professional Responsibility;
          (4) may investigate allegations of criminal 
        wrongdoing or administrative misconduct by a person who 
        is the head of any agency or component of the 
        Department of Justice; and
          (5) shall forward the results of any investigation 
        conducted under paragraph (4), along with any 
        appropriate recommendation for disciplinary action, to 
        the Attorney General.
    (c) Any report required to be transmitted by the Attorney 
General to the appropriate committees or subcommittees of the 
Congress under section 5(d) shall also be transmitted, within 
the seven-day period specified under such section, to the 
Committees on the Judiciary and Governmental Affairs of the 
Senate and the Committees on the Judiciary and Government 
Operations of the House of Representatives.
    (d) The Attorney General shall ensure by regulation that 
any component of the Department of Justice receiving a 
nonfrivolous allegation of criminal wrongdoing or 
administrative misconduct by an employee of the Department of 
Justice, except with respect to allegations described in 
subsection (b)(3), shall report that information to the 
Inspector General.]

[Sec. 8F. Special provisions concerning the Corporation for National 
                    and Community Service

    (a) Notwithstanding the provisions of paragraphs (7) and 
(8) of section 6(a), it is within the exclusive jurisdiction of 
the Inspector General of the Corporation for National and 
Community Service to--
          (1) appoint and determine the compensation of such 
        officers and employees in accordance with section 
        195(b) of the National and Community Service Act of 
        1990 [42 U.S.C. 12651f(b)]; and
          (2) procure the temporary and intermittent services 
        of and compensate such experts and consultants, in 
        accordance with section 3109(b) of title 5, United 
        States Code,
        as may be necessary to carry out the functions, powers, 
        and duties of the Inspector General.
    (b) No later than the date on which the Chief Executive 
Officer of the Corporation for National and Community Service 
transmits any report to the Congress under subsection (a) or 
(b) of section 5, the Chief Executive Officer shall transmit 
such report to the Board of Directors of such Corporation.
    (c) No later than the date on which the Chief Executive 
Officer of the Corporation for National and Community Service 
transmits a report described under section 5(b) to the Board of 
Directors as provided under subsection (b) of this section, the 
Chief Executive Officer shall also transmit any audit report 
which is described in the statement required under section 
5(b)(4) to the Board of Directors. All such audit reports shall 
be placed on the agenda for review at the next scheduled 
meeting of the Board of Directors following such transmittal. 
The Chief Executive Officer of the Corporation shall be present 
at such meeting to provide any information relating to such 
audit reports.
    (d) No later than the date on which the Inspector General 
of the Corporation for National and Community Service reports a 
problem, abuse, or deficiency under section 5(d) to the Chief 
Executive Officer of the Corporation, the Chief Executive 
Officer shall report such problem, abuse, or deficiency to the 
Board of Directors.]

[Sec. 8G. Requirements for Federal entities and designated Federal 
                    entities

    (a) Notwithstanding section 12 of this Act, as used in this 
section--
          (1) the term ``Federal entity'' means any Government 
        corporation (within the meaning of section 103(1) of 
        title 5, United States Code), any Government controlled 
        corporation (within the meaning of section 103(2) of 
        such title), or any other entity in the Executive 
        branch of the Government, or any independent regulatory 
        agency, but does not include--
                  (A) an establishment (as defined under 
                section 12(2) of this Act) or part of an 
                establishment;
                  (B) a designated Federal entity (as defined 
                under paragraph (2) of this subsection) or part 
                of a designated Federal entity;
                  (C) the Executive Office of the President;
                  (D) the Central Intelligence Agency;
                  (E) the Government Accountability Office; or
                  (F) any entity in the judicial or legislative 
                branches of the Government, including the 
                Administrative Office of the United States 
                Courts and the Architect of the Capitol and any 
                activities under the direction of the Architect 
                of the Capitol;
          (2) the term ``designated Federal entity'' means 
        Amtrak, the Appalachian Regional Commission, the Board 
        of Governors of the Federal Reserve System and the 
        Bureau of Consumer Financial Protection, the Board for 
        International Broadcasting, the Committee for Purchase 
        From People Who Are Blind or Severely Disabled, the 
        Commodity Futures Trading Commission, the Consumer 
        Product Safety Commission, the Corporation for Public 
        Broadcasting, the Defense Intelligence Agency, the 
        Denali Commission, the Equal Employment Opportunity 
        Commission, the Farm Credit Administration, the Federal 
        Election Commission, the Election Assistance 
        Commission, the Federal Housing Finance Board, the 
        Federal Labor Relations Authority, the Federal Maritime 
        Commission, the Federal Trade Commission, the Legal 
        Services Corporation, the National Archives and Records 
        Administration, the National Credit Union 
        Administration, the National Endowment for the Arts, 
        the National Endowment for the Humanities, the National 
        Geospatial-Intelligence Agency, the National Labor 
        Relations Board, the National Science Foundation, the 
        Panama Canal Commission, the Peace Corps, the Pension 
        Benefit Guaranty Corporation, the Securities and 
        Exchange Commission, the Smithsonian Institution, the 
        United States International Development Finance 
        Corporation, the United States International Trade 
        Commission, the Postal Regulatory Commission, and the 
        United States Postal Service;
          (3) the term ``head of the Federal entity'' means any 
        person or persons designated by statute as the head of 
        a Federal entity, and if no such designation exists, 
        the chief policymaking officer or board of a Federal 
        entity as identified in the list published pursuant to 
        subsection (h)(1) of this section;
          (4) the term ``head of the designated Federal 
        entity'' means the board or commission of the 
        designated Federal entity, or in the event the 
        designated Federal entity does not have a board or 
        commission, any person or persons designated by statute 
        as the head of a designated Federal entity and if no 
        such designation exists, the chief policymaking officer 
        or board of a designated Federal entity as identified 
        in the list published pursuant to subsection (h)(1) of 
        this section, except that--
                  (A) with respect to the National Science 
                Foundation, such term means the National 
                Science Board;
                  (B) with respect to the United States Postal 
                Service, such term means the Governors (within 
                the meaning of section 102(3) of title 39, 
                United States Code);
                  (C) with respect to the Federal Labor 
                Relations Authority, such term means the 
                members of the Authority (described under 
                section 7104 of title 5, United States Code);
                  (D) with respect to the Committee for 
                Purchase From People Who Are Blind or Severely 
                Disabled, such term means the Chairman of the 
                Committee for Purchase From People Who Are 
                Blind or Severely Disabled;
                  (E) with respect to the National Archives and 
                Records Administration, such term means the 
                Archivist of the United States;
                  (F) with respect to the National Credit Union 
                Administration, such term means the National 
                Credit Union Administration Board (described 
                under section 102 of the Federal Credit Union 
                Act (12 U.S.C. 1752a); 1
                  (G) with respect to the National Endowment of 
                the Arts, such term means the National Council 
                on the Arts;
                  (H) with respect to the National Endowment 
                for the Humanities, such term means the 
                National Council on the Humanities;
                  (I) with respect to the Peace Corps, such 
                term means the Director of the Peace Corps; and
                  (J) with respect to the United States 
                International Development Finance Corporation, 
                such term means the Board of Directors of the 
                United States International Development Finance 
                Corporation;
          (5) the term ``Office of Inspector General'' means an 
        Office of Inspector General of a designated Federal 
        entity; and
          (6) the term ``Inspector General'' means an Inspector 
        General of a designated Federal entity.
    (b) No later than 180 days after the date of the enactment 
of this section [Oct. 18, 1988], there shall be established and 
maintained in each designated Federal entity an Office of 
Inspector General. The head of the designated Federal entity 
shall transfer to such office the offices, units, or other 
components, and the functions, powers, or duties thereof, that 
such head determines are properly related to the functions of 
the Office of Inspector General and would, if so transferred, 
further the purposes of this section. There shall not be 
transferred to such office any program operating 
responsibilities.
    (c) Except as provided under subsection (f) of this 
section, the Inspector General shall be appointed by the head 
of the designated Federal entity in accordance with the 
applicable laws and regulations governing appointments within 
the designated Federal entity. Each Inspector General shall be 
appointed without regard to political affiliation and solely on 
the basis of integrity and demonstrated ability in accounting, 
auditing, financial analysis, law, management analysis, public 
administration, or investigations. For purposes of implementing 
this section, the Chairman of the Board of Governors of the 
Federal Reserve System shall appoint the Inspector General of 
the Board of Governors of the Federal Reserve System and the 
Bureau of Consumer Financial Protection. The Inspector General 
of the Board of Governors of the Federal Reserve System and the 
Bureau of Consumer Financial Protection shall have all of the 
authorities and responsibilities provided by this Act with 
respect to the Bureau of Consumer Financial Protection, as if 
the Bureau were part of the Board of Governors of the Federal 
Reserve System.
    (d)(1) Each Inspector General shall report to and be under 
the general supervision of the head of the designated Federal 
entity, but shall not report to, or be subject to supervision 
by, any other officer or employee of such designated Federal 
entity. Except as provided in paragraph (2), the head of the 
designated Federal entity shall not prevent or prohibit the 
Inspector General from initiating, carrying out, or completing 
any audit or investigation, or from issuing any subpoena during 
the course of any audit or investigation.
    (2)(A) The Secretary of Defense, in consultation with the 
Director of National Intelligence, may prohibit the inspector 
general of an element of the intelligence community specified 
in subparagraph (D) from initiating, carrying out, or 
completing any audit or investigation, or from accessing 
information available to an element of the intelligence 
community specified in subparagraph (D), if the Secretary 
determines that the prohibition is necessary to protect vital 
national security interests of the United States.
    (B) If the Secretary exercises the authority under 
subparagraph (A), the Secretary shall submit to the committees 
of Congress specified in subparagraph (E) an appropriately 
classified statement of the reasons for the exercise of such 
authority not later than 7 days after the exercise of such 
authority.
    (C) At the same time the Secretary submits under 
subparagraph (B) a statement on the exercise of the authority 
in subparagraph (A) to the committees of Congress specified in 
subparagraph (E), the Secretary shall notify the inspector 
general of such element of the submittal of such statement and, 
to the extent consistent with the protection of intelligence 
sources and methods, provide such inspector general with a copy 
of such statement. Such inspector general may submit to such 
committees of Congress any comments on a notice or statement 
received by the inspector general under this subparagraph that 
the inspector general considers appropriate.
    (D) The elements of the intelligence community specified in 
this subparagraph are as follows:
          (i) The Defense Intelligence Agency.
          (ii) The National Geospatial-Intelligence Agency.
          (iii) The National Reconnaissance Office.
          (iv) The National Security Agency.
    (E) The committees of Congress specified in this 
subparagraph are--
          (i) the Committee on Armed Services and the Select 
        Committee on Intelligence of the Senate; and
          (ii) the Committee on Armed Services and the 
        Permanent Select Committee on Intelligence of the House 
        of Representatives.
    (e)(1) In the case of a designated Federal entity for which 
a board, chairman of a committee, or commission is the head of 
the designated Federal entity, a removal under this subsection 
may only be made upon the written concurrence of a 2/3 majority 
of the board, committee, or commission.
    (2) If an Inspector General is removed from office or is 
transferred to another position or location within a designated 
Federal entity, the head of the designated Federal entity shall 
communicate in writing the reasons for any such removal or 
transfer to both Houses of Congress, not later than 30 days 
before the removal or transfer. Nothing in this subsection 
shall prohibit a personnel action otherwise authorized by law, 
other than transfer or removal.
    (f)(1) For purposes of carrying out subsection (c) with 
respect to the United States Postal Service, the appointment 
provisions of section 202(e) of title 39, United States Code, 
shall be applied.
    (2) In carrying out the duties and responsibilities 
specified in this Act, the Inspector General of the United 
States Postal Service (hereinafter in this subsection referred 
to as the ``Inspector General'') shall have oversight 
responsibility for all activities of the Postal Inspection 
Service, including any internal investigation performed by the 
Postal Inspection Service. The Chief Postal Inspector shall 
promptly report the significant activities being carried out by 
the Postal Inspection Service to such Inspector General.
    (3)(A)(i) Notwithstanding subsection (d), the Inspector 
General shall be under the authority, direction, and control of 
the Governors with respect to audits or investigations, or the 
issuance of subpoenas, which require access to sensitive 
information concerning--
          (I) ongoing civil or criminal investigations or 
        proceedings;
          (II) undercover operations;
          (III) the identity of confidential sources, including 
        protected witnesses;
          (IV) intelligence or counterintelligence matters; or
          (V) other matters the disclosure of which would 
        constitute a serious threat to national security.
    (ii) With respect to the information described under clause 
(i), the Governors may prohibit the Inspector General from 
carrying out or completing any audit or investigation, or from 
issuing any subpoena, after such Inspector General has decided 
to initiate, carry out, or complete such audit or investigation 
or to issue such subpoena, if the Governors determine that such 
prohibition is necessary to prevent the disclosure of any 
information described under clause (i) or to prevent the 
significant impairment to the national interests of the United 
States.
    (iii) If the Governors exercise any power under clause (i) 
or (ii), the Governors shall notify the Inspector General in 
writing stating the reasons for such exercise. Within 30 days 
after receipt of any such notice, the Inspector General shall 
transmit a copy of such notice to the Committee on Governmental 
Affairs of the Senate and the Committee on Government Reform 
and Oversight of the House of Representatives, and to other 
appropriate committees or subcommittees of the Congress.
    (B) In carrying out the duties and responsibilities 
specified in this Act, the Inspector General--
          (i) may initiate, conduct and supervise such audits 
        and investigations in the United States Postal Service 
        as the Inspector General considers appropriate; and
          (ii) shall give particular regard to the activities 
        of the Postal Inspection Service with a view toward 
        avoiding duplication and insuring effective 
        coordination and cooperation.
    (C) Any report required to be transmitted by the Governors 
to the appropriate committees or subcommittees of the Congress 
under section 5(d) shall also be transmitted, within the seven-
day period specified under such section, to the Committee on 
Governmental Affairs of the Senate and the Committee on 
Government Reform and Oversight of the House of 
Representatives.
    (4) Nothing in this Act shall restrict, eliminate, or 
otherwise adversely affect any of the rights, privileges, or 
benefits of either employees of the United States Postal 
Service, or labor organizations representing employees of the 
United States Postal Service, under chapter 12 of title 39, 
United States Code, the National Labor Relations Act, any 
handbook or manual affecting employee labor relations with the 
United States Postal Service, or any collective bargaining 
agreement.
    (5) As used in this subsection, the term ``Governors'' has 
the meaning given such term by section 102(3) of title 39, 
United States Code.
    (6) There are authorized to be appropriated, out of the 
Postal Service Fund, such sums as may be necessary for the 
Office of Inspector General of the United States Postal 
Service.
    (g)(1) Sections 4, 5, 6 (other than subsections (a)(7) and 
(a)(8) thereof), and 7 of this Act shall apply to each 
Inspector General and Office of Inspector General of a 
designated Federal entity and such sections shall be applied to 
each designated Federal entity and head of the designated 
Federal entity (as defined under subsection (a)) by 
substituting--
          (A) ``designated Federal entity'' for 
        ``establishment''; and
          (B) ``head of the designated Federal entity'' for 
        ``head of the establishment''.
    (2) In addition to the other authorities specified in this 
Act, an Inspector General is authorized to select, appoint, and 
employ such officers and employees as may be necessary for 
carrying out the functions, powers, and duties of the Office of 
Inspector General and to obtain the temporary or intermittent 
services of experts or consultants or an organization thereof, 
subject to the applicable laws and regulations that govern such 
selections, appointments, and employment, and the obtaining of 
such services, within the designated Federal entity.
    (3) Notwithstanding the last sentence of subsection (d) of 
this section,2 the provisions of subsection (a) of section 8D 
(other than the provisions of subparagraphs (A), (B), (C), and 
(E) of subsection (a)(1)) shall apply to the Inspector General 
of the Board of Governors of the Federal Reserve System and the 
Bureau of Consumer Financial Protection and the Chairman of the 
Board of Governors of the Federal Reserve System in the same 
manner as such provisions apply to the Inspector General of the 
Department of the Treasury and the Secretary of the Treasury, 
respectively.
    (4) Each Inspector General shall--
          (A) in accordance with applicable laws and 
        regulations governing appointments within the 
        designated Federal entity, appoint a Counsel to the 
        Inspector General who shall report to the Inspector 
        General;
          (B) obtain the services of a counsel appointed by and 
        directly reporting to another Inspector General on a 
        reimbursable basis; or
          (C) obtain the services of appropriate staff of the 
        Council of the Inspectors General on Integrity and 
        Efficiency on a reimbursable basis.
    (h)(1) No later than April 30, 1989, and annually 
thereafter, the Director of the Office of Management and 
Budget, after consultation with the Comptroller General of the 
United States, shall publish in the Federal Register a list of 
the Federal entities and designated Federal entities and if the 
designated Federal entity is not a board or commission, include 
the head of each such entity (as defined under subsection (a) 
of this section).
    (2) Beginning on October 31, 1989, and on October 31 of 
each succeeding calendar year, the head of each Federal entity 
(as defined under subsection (a) of this section) shall prepare 
and transmit to the Director of the Office of Management and 
Budget and to each House of the Congress a report which--
          (A) states whether there has been established in the 
        Federal entity an office that meets the requirements of 
        this section;
          (B) specifies the actions taken by the Federal entity 
        otherwise to ensure that audits are conducted of its 
        programs and operations in accordance with the 
        standards for audit of governmental organizations, 
        programs, activities, and functions issued by the 
        Comptroller General of the United States, and includes 
        a list of each audit report completed by a Federal or 
        non-Federal auditor during the reporting period and a 
        summary of any particularly significant findings; and
          (C) summarizes any matters relating to the personnel, 
        programs, and operations of the Federal entity referred 
        to prosecutive authorities, including a summary 
        description of any preliminary investigation conducted 
        by or at the request of the Federal entity concerning 
        these matters, and the prosecutions and convictions 
        which have resulted.]

[Sec. 8H. Additional provisions with respect to Inspectors General of 
                    the Intelligence Community

    (a)(1)(A) An employee of the Defense Intelligence Agency, 
the National Geospatial-Intelligence Agency, the National 
Reconnaissance Office, or the National Security Agency, or of a 
contractor of any of those Agencies, who intends to report to 
Congress a complaint or information with respect to an urgent 
concern may report the complaint or information to the 
Inspector General of the Department of Defense (or designee).
    (B) An employee of an element of the intelligence 
community, an employee assigned or detailed to an element of 
the intelligence community, or an employee of a contractor to 
the intelligence community, who intends to report to Congress a 
complaint or information with respect to an urgent concern may 
report such complaint or information to the Inspector General 
of the Intelligence Community.
    (C) An employee of the Federal Bureau of Investigation, or 
of a contractor of the Bureau, who intends to report to 
Congress a complaint or information with respect to an urgent 
concern may report the complaint or information to the 
Inspector General of the Department of Justice (or designee).
    (D) Any other employee of, or contractor to, an executive 
agency, or element or unit thereof, determined by the President 
under section 2302(a)(2)(C)(ii) of title 5, United States Code, 
to have as its principal function the conduct of foreign 
intelligence or counterintelligence activities, who intends to 
report to Congress a complaint or information with respect to 
an urgent concern may report the complaint or information to 
the appropriate Inspector General (or designee) under this Act, 
section 17 of the Central Intelligence Agency Act of 1949 [50 
U.S.C. 3517], or section 103H(k) of the National Security Act 
of 1947 (50 U.S.C. 3033(k)).
    (2) If a designee of an Inspector General under this 
section receives a complaint or information of an employee with 
respect to an urgent concern, that designee shall report the 
complaint or information to the Inspector General within 7 
calendar days of receipt.
    (3) The Inspectors General of the Defense Intelligence 
Agency, the National Geospatial-Intelligence Agency, the 
National Reconnaissance Office, and the National Security 
Agency shall be designees of the Inspector General of the 
Department of Defense for purposes of this section.
    (b)(1) Not later than the end of the 14-calendar day period 
beginning on the date of receipt of an employee complaint or 
information under subsection (a), the Inspector General shall 
determine whether the complaint or information appears 
credible. Upon making such a determination, the Inspector 
General shall transmit to the head of the establishment notice 
of that determination, together with the complaint or 
information.
    (2) If the head of an establishment determines that a 
complaint or information transmitted under paragraph (1) would 
create a conflict of interest for the head of the 
establishment, the head of the establishment shall return the 
complaint or information to the Inspector General with that 
determination and the Inspector General shall make the 
transmission to the Director of National Intelligence and, if 
the establishment is within the Department of Defense, to the 
Secretary of Defense. In such a case, the requirements of this 
section for the head of the establishment apply to each 
recipient of the Inspector General's transmission.
    (c) Upon receipt of a transmittal from the Inspector 
General under subsection (b), the head of the establishment 
shall, within 7 calendar days of such receipt, forward such 
transmittal to the intelligence committees, together with any 
comments the head of the establishment considers appropriate.
    (d)(1) If the Inspector General does not find credible 
under subsection (b) a complaint or information submitted to 
the Inspector General under subsection (a), or does not 
transmit the complaint or information to the head of the 
establishment in accurate form under subsection (b), the 
employee (subject to paragraph (2)) may submit the complaint or 
information to Congress by contacting either or both of the 
intelligence committees directly.
    (2) The employee may contact the intelligence committees 
directly as described in paragraph (1) only if the employee--
          (A) before making such a contact, furnishes to the 
        head of the establishment, through the Inspector 
        General, a statement of the employee's complaint or 
        information and notice of the employee's intent to 
        contact the intelligence committees directly; and
          (B) obtains and follows from the head of the 
        establishment, through the Inspector General, direction 
        on how to contact the intelligence committees in 
        accordance with appropriate security practices.
    (3) A member or employee of one of the intelligence 
committees who receives a complaint or information under 
paragraph (1) does so in that member or employee's official 
capacity as a member or employee of that committee.
    (e) The Inspector General shall notify an employee who 
reports a complaint or information under this section of each 
action taken under this section with respect to the complaint 
or information. Such notice shall be provided not later than 3 
days after any such action is taken.
    (f) An action taken by the head of an establishment or an 
Inspector General under subsections (a) through (e) shall not 
be subject to judicial review.
    (g) An individual who has submitted a complaint or 
information to an Inspector General under this section may 
notify any member of the Permanent Select Committee on 
Intelligence of the House of Representatives or the Select 
Committee on Intelligence of the Senate, or a staff member of 
either such Committee, of the fact that such individual has 
made a submission to that particular Inspector General, and of 
the date on which such submission was made.
    (h) In this section:
          (1) The term ``urgent concern'' means any of the 
        following:
                  (A) A serious or flagrant problem, abuse, 
                violation of law or Executive order, or 
                deficiency relating to the funding, 
                administration, or operations of an 
                intelligence activity involving classified 
                information, but does not include differences 
                of opinions concerning public policy matters.
                  (B) A false statement to Congress, or a 
                willful withholding from Congress, on an issue 
                of material fact relating to the funding, 
                administration, or operation of an intelligence 
                activity.
                  (C) An action, including a personnel action 
                described in section 2302(a)(2)(A) of title 5, 
                United States Code, constituting reprisal or 
                threat of reprisal prohibited under section 
                7(c) in response to an employee's reporting an 
                urgent concern in accordance with this section.
    (2) The term ``intelligence committees'' means the 
Permanent Select Committee on Intelligence of the House of 
Representatives and the Select Committee on Intelligence of the 
Senate.]

[Sec. 8I. Special provisions concerning the Department of Homeland 
                    Security

    (a)(1) Notwithstanding the last two sentences of section 
3(a), the Inspector General of the Department of Homeland 
Security shall be under the authority, direction, and control 
of the Secretary of Homeland Security with respect to audits or 
investigations, or the issuance of subpoenas, that require 
access to sensitive information concerning--
          (A) intelligence, counterintelligence, or 
        counterterrorism matters;
          (B) ongoing criminal investigations or proceedings;
          (C) undercover operations;
          (D) the identity of confidential sources, including 
        protected witnesses;
          (E) other matters the disclosure of which would, in 
        the Secretary's judgment, constitute a serious threat 
        to the protection of any person or property authorized 
        protection by section 3056 of title 18, United States 
        Code, section 3056A of title 18 of such Code, or any 
        provision of the Presidential Protection Assistance Act 
        of 1976 (18 U.S.C. 3056 note); or
          (F) other matters the disclosure of which would 
        constitute a serious threat to national security.
    (2) With respect to the information described in paragraph 
(1), the Secretary of Homeland Security may prohibit the 
Inspector General of the Department of Homeland Security from 
carrying out or completing any audit or investigation, from 
accessing information described in paragraph (1), or from 
issuing any subpoena, after such Inspector General has decided 
to initiate, carry out, or complete such audit or 
investigation, access such information, or to issue such 
subpoena, if the Secretary determines that such prohibition is 
necessary to prevent the disclosure of any information 
described in paragraph (1), to preserve the national security, 
or to prevent a significant impairment to the interests of the 
United States.
    (3) If the Secretary of Homeland Security exercises any 
power under paragraph (1) or (2), the Secretary shall notify 
the Inspector General of the Department of Homeland Security in 
writing within seven days stating the reasons for such 
exercise. Within 30 days after receipt of any such notice, the 
Inspector General shall transmit to the President of the 
Senate, the Speaker of the House of Representatives, and 
appropriate committees and subcommittees of Congress the 
following:
          (A) A copy of such notice.
          (B) A written response to such notice that includes a 
        statement regarding whether the Inspector General 
        agrees or disagrees with such exercise, and the reasons 
        for any disagreement.
    (b) The exercise of authority by the Secretary described in 
paragraph (2) 1 should not be construed as limiting the right 
of Congress or any committee of Congress to access any 
information it seeks.
    (c) Subject to the conditions established in subsections 
(a) and (b) above, in carrying out the duties and 
responsibilities specified in this Act, the Inspector General 
of the Department of Homeland Security may initiate, conduct, 
and supervise such audits and investigations in the Department 
of Homeland Security as the Inspector General considers 
appropriate.
    (d) Any report required to be transmitted by the Secretary 
of Homeland Security to the appropriate committees or 
subcommittees of Congress under section 5(d) shall be 
transmitted, within the seven-day period specified under such 
section, to the President of the Senate, the Speaker of the 
House of Representatives, and appropriate committees and 
subcommittees of Congress.
    (e) Notwithstanding any other provision of law, in carrying 
out the duties and responsibilities specified in this Act, the 
Inspector General of the Department of Homeland Security shall 
have oversight responsibility for the internal investigations 
performed by the Office of Internal Affairs of the United 
States Customs Service, the Office of Inspections of the United 
States Secret Service, the Bureau of Border Security, and the 
Bureau of Citizenship and Immigration Services. The head of 
each such office or bureau shall promptly report to the 
Inspector General the significant activities being carried out 
by such office or bureau.
    (f)(1) The Inspector General of the Department of Homeland 
Security shall designate a senior official within the Office of 
Inspector General, who shall be a career member of the civil 
service at the equivalent to the GS-15 level or a career member 
of the Senior Executive Service, to perform the functions 
described in paragraph (2).
    (2) The senior official designated under paragraph (1) 
shall--
          (A) coordinate the activities of the Office of 
        Inspector General with respect to investigations of 
        abuses of civil rights or civil liberties;
          (B) receive and review complaints and information 
        from any source alleging abuses of civil rights and 
        civil liberties by employees or officials of the 
        Department and employees or officials of independent 
        contractors or grantees of the Department;
          (C) initiate investigations of alleged abuses of 
        civil rights or civil liberties by employees or 
        officials of the Department and employees or officials 
        of independent contractors or grantees of the 
        Department;
          (D) ensure that personnel within the Office of 
        Inspector General receive sufficient training to 
        conduct effective civil rights and civil liberties 
        investigations;
          (E) consult with the Officer for Civil Rights and 
        Civil Liberties regarding--
                  (i) alleged abuses of civil rights or civil 
                liberties; and
                  (ii) any policy recommendations regarding 
                civil rights and civil liberties that may be 
                founded upon an investigation by the Office of 
                Inspector General;
          (F) provide the Officer for Civil Rights and Civil 
        Liberties with information regarding the outcome of 
        investigations of alleged abuses of civil rights and 
        civil liberties;
          (G) refer civil rights and civil liberties matters 
        that the Inspector General decides not to investigate 
        to the Officer for Civil Rights and Civil Liberties;
          (H) ensure that the Office of the Inspector General 
        publicizes and provides convenient public access to 
        information regarding--
                  (i) the procedure to file complaints or 
                comments concerning civil rights and civil 
                liberties matters; and
                  (ii) the status of corrective actions taken 
                by the Department in response to Office of the 
                Inspector General reports; and
          (I) inform the Officer for Civil Rights and Civil 
        Liberties of any weaknesses, problems, and deficiencies 
        within the Department relating to civil rights or civil 
        liberties.]

[Sec. 8J. Rule of construction of special provisions The special 
                    provisions under section 8, 8A, 8B, 8C, 8D, 8E, 8F, 
                    8H, or 8N of this Act relate only to the 
                    establishment named in such section and no 
                    inference shall be drawn from the presence or 
                    absence of a provision in any such section with 
                    respect to an establishment not named in such 
                    section or with respect to a designated Federal 
                    entity as defined under section 8G(a).]

           *       *       *       *       *       *       *


[Sec. 8L. Special Provisions Concerning Overseas Contingency Operations

    (a) Additional Responsibilities of Chair of Council of 
Inspectors General on Integrity and Efficiency.--The Chair of 
the Council of Inspectors General on Integrity and Efficiency 
(CIGIE) shall, in consultation with the members of the Council, 
have the additional responsibilities specified in subsection 
(b) with respect to the Inspectors General specified in 
subsection (c) upon the earlier of--
          (1) the commencement or designation of a military 
        operation as an overseas contingency operation that 
        exceeds 60 days; or
          (2) receipt of a notification under section 113(n) of 
        title 10, United States Code, with respect to an 
        overseas contingency operation.
    (b) Specific Responsibilities.--The responsibilities 
specified in this subsection are the following:
          (1) In consultation with the Inspectors General 
        specified in subsection (c), to designate a lead 
        Inspector General in accordance with subsection (d) to 
        discharge the authorities of the lead Inspector General 
        for the overseas contingency operation concerned as set 
        forth in subsection (d).
          (2) To resolve conflicts of jurisdiction among the 
        Inspectors General specified in subsection (c) on 
        investigations, inspections, and audits with respect to 
        such contingency operation in accordance with 
        subsection (d)(2)(B).
          (3) To assist in identifying for the lead inspector 
        general for such contingency operation, Inspectors 
        General and inspector general office personnel 
        available to assist the lead Inspector General and the 
        other Inspectors General specified in subsection (c) on 
        matters relating to such contingency operation.
    (c) Inspectors General.--The Inspectors General specified 
in this subsection are the Inspectors General as follows:
          (1) The Inspector General of the Department of 
        Defense.
          (2) The Inspector General of the Department of State.
          (3) The Inspector General of the United States Agency 
        for International Development.
    (d)(1) Lead Inspector General for Overseas Contingency 
Operation.--A lead Inspector General for an overseas 
contingency operation shall be designated by the Chair of the 
Council of Inspectors General on Integrity and Efficiency under 
subsection (b)(1) not later than 30 days after the earlier of--
          (A) the commencement or designation of the military 
        operation concerned as an overseas contingency 
        operation that exceeds 60 days; or
          (B) receipt of a notification under section 113(n) of 
        title 10, United States Code, with respect to an 
        overseas contingency operation.
    The lead Inspector General for a contingency operation 
shall be designated from among the Inspectors General specified 
in subsection (c).
    (2) The lead Inspector General for an overseas contingency 
operation shall have the following responsibilities:
          (A) To appoint, from among the offices of the other 
        Inspectors General specified in subsection (c), an 
        Inspector General to act as associate Inspector General 
        for the contingency operation who shall act in a 
        coordinating role to assist the lead Inspector General 
        in the discharge of responsibilities under this 
        subsection.
          (B) To develop and carry out, in coordination with 
        the offices of the other Inspectors General specified 
        in subsection (c), a joint strategic plan to conduct 
        comprehensive oversight over all aspects of the 
        contingency operation and to ensure through either 
        joint or individual audits, inspections, and 
        investigations, independent and effective oversight of 
        all programs and operations of the Federal Government 
        in support of the contingency operation.
          (C) To review and ascertain the accuracy of 
        information provided by Federal agencies relating to 
        obligations and expenditures, costs of programs and 
        projects, accountability of funds, and the award and 
        execution of major contracts, grants, and agreements in 
        support of the contingency operation.
          (D)(i) If none of the Inspectors General specified in 
        subsection (c) has principal jurisdiction over a matter 
        with respect to the contingency operation, to identify 
        and coordinate with the Inspector General who has 
        principal jurisdiction over the matter to ensure 
        effective oversight.
          (ii) If more than one of the Inspectors General 
        specified in subsection (c) has jurisdiction over a 
        matter with respect to the contingency operation, to 
        determine principal jurisdiction for discharging 
        oversight responsibilities in accordance with this Act 
        with respect to such matter.
          (iii)(I) Upon written request by the Inspector 
        General with principal jurisdiction over a matter with 
        respect to the contingency operation, and with the 
        approval of the lead Inspector General, an Inspector 
        General specified in subsection (c) may provide 
        investigative support or conduct an independent 
        investigation of an allegation of criminal activity by 
        any United States personnel, contractor, subcontractor, 
        grantee, or vendor in the applicable theater of 
        operations.
          (II) In the case of a determination by the lead 
        Inspector General that no Inspector General has 
        principal jurisdiction over a matter with respect to 
        the contingency operation, the lead Inspector General 
        may--
                  (aa) conduct an independent investigation of 
                an allegation described in subclause (I); or
                  (bb) request that an Inspector General 
                specified in subsection (c) conduct such 
                investigation.
          (E) To employ, or authorize the employment by the 
        other Inspectors General specified in subsection (c), 
        on a temporary basis using the authorities in section 
        3161 of title 5, United States Code,1 (without regard 
        to subsection (b)(2) of such section) such auditors, 
        investigators, and other personnel as the lead 
        Inspector General considers appropriate to assist the 
        lead Inspector General and such other Inspectors 
        General on matters relating to the contingency 
        operation.
          (F) To submit to Congress on a bi-annual basis, and 
        to make available on an Internet website available to 
        the public, a report on the activities of the lead 
        Inspector General and the other Inspectors General 
        specified in subsection (c) with respect to the 
        contingency operation, including--
          (i) the status and results of investigations, 
        inspections, and audits and of referrals to the 
        Department of Justice; and
          (ii) overall plans for the review of the contingency 
        operation by inspectors general, including plans for 
        investigations, inspections, and audits.
          (G) To submit to Congress on a quarterly basis, and 
        to make available on an Internet website available to 
        the public, a report on the contingency operation.
          (H) To carry out such other responsibilities relating 
        to the coordination and efficient and effective 
        discharge by the Inspectors General specified in 
        subsection (c) of duties relating to the contingency 
        operation as the lead Inspector General shall specify.
          (I) To enhance cooperation among Inspectors General 
        and encourage comprehensive oversight of the 
        contingency operation, any Inspector General 
        responsible for conducting oversight of any program or 
        operation performed in support of the contingency 
        operation may, to the maximum extent practicable and 
        consistent with the duties, responsibilities, policies, 
        and procedures of such Inspector General--
          (i) coordinate such oversight activities with the 
        lead Inspector General; and
          (ii) provide information requested by the lead 
        Inspector General relating to the responsibilities of 
        the lead Inspector General described in subparagraphs 
        (B), (C), and (G).
    (3)(A) The lead Inspector General for an overseas 
contingency operation may employ, or authorize the employment 
by the other Inspectors General specified in subsection (c) of, 
annuitants covered by section 9902(g) of title 5, United States 
Code, for purposes of assisting the lead Inspector General in 
discharging responsibilities under this subsection with respect 
to the contingency operation.
    (B) The employment of annuitants under this paragraph shall 
be subject to the provisions of section 9902(g) of title 5, 
United States Code, as if the lead Inspector General concerned 
was the Department of Defense.
    (C)(i) An annuitant receiving an annuity under the Foreign 
Service Retirement and Disability System or the Foreign Service 
Pension System under chapter 8 of title I of the Foreign 
Service Act of 1980 (22 U.S.C. 4041 et seq.) who is reemployed 
under this subsection--
          (I) shall continue to receive the annuity; and
          (II) shall not be considered a participant for 
        purposes of chapter 8 of title I of the Foreign Service 
        Act of 1980 (22 U.S.C. 4041 et seq.) or an employee for 
        purposes of subchapter III of chapter 83 or chapter 84 
        of title 5, United States Code.
    (ii) An annuitant described in clause (i) may elect in 
writing for the reemployment of the annuitant under this 
subsection to be subject to section 824 of the Foreign Service 
Act of 1980 (22 U.S.C. 4064). A reemployed annuitant shall make 
an election under this clause not later than 90 days after the 
date of the reemployment of the annuitant.
    (4) The lead Inspector General for an overseas contingency 
operation shall discharge the responsibilities for the 
contingency operation under this subsection in a manner 
consistent with the authorities and requirements of this Act 
generally and the authorities and requirements applicable to 
the Inspectors General specified in subsection (c) under this 
Act.
    (5)(A) A person employed by a lead Inspector General for an 
overseas contingency operation under this section shall acquire 
competitive status for appointment to any position in the 
competitive service for which the employee possesses the 
required qualifications upon the completion of 2 years of 
continuous service as an employee under this section.
    (B) No person who is first employed as described in 
subparagraph (A) more than 2 years after the date of the 
enactment of the National Defense Authorization Act for Fiscal 
Year 2020 may acquire competitive status under subparagraph 
(A).
    (e) Sunset for Particular Contingency Operations.--The 
requirements and authorities of this section with respect to an 
overseas contingency operation shall cease at the end of the 
first fiscal year after the commencement or designation of the 
contingency operation in which the total amount appropriated 
for the contingency operation is less than $100,000,000.
    (f) Construction of Authority.--Nothing in this section 
shall be construed to limit the ability of the Inspectors 
General specified in subsection (c) to enter into agreements to 
conduct joint audits, inspections, or investigations in the 
exercise of their oversight responsibilities in accordance with 
this Act with respect to overseas contingency operations.]

[Sec. 8M. Information on websites of Offices of Inspectors General

    (a) Direct Links to Inspectors General Offices.--
          (1) In general.--Each Federal agency and designated 
        Federal entity shall establish and maintain on the 
        homepage of the website of that Federal agency or 
        designated Federal entity, a direct link to the website 
        of the Office of the Inspector General of that Federal 
        agency or designated Federal entity.
          (2) Accessibility.--The direct link under paragraph 
        (1) shall be obvious and facilitate accessibility to 
        the website of the Office of the Inspector General.
    (b) Requirements for Inspectors General Websites.--
          (1) Posting of reports and audits.--The Inspector 
        General of each Federal agency and designated Federal 
        entity shall--
                  (A) not later than 3 days after any audit 
                report, inspection report, or evaluation report 
                (or portion of any such report) is submitted in 
                final form to the head of the Federal agency or 
                the head of the designated Federal entity, as 
                applicable, post that report (or portion of 
                that report) on the website of the Office of 
                Inspector General; and
                  (B) ensure that any posted report (or portion 
                of that report) described under subparagraph 
                (A)--
                          (i) is easily accessible from a 
                        direct link on the homepage of the 
                        website of the Office of the Inspector 
                        General;
                          (ii) includes a summary of the 
                        findings of the Inspector General; and
                          (iii) is in a format that--
                                  (I) is searchable and 
                                downloadable; and
                                  (II) facilitates printing by 
                                individuals of the public 
                                accessing the website.
          (2) Reporting of fraud, waste, and abuse.--
                  (A) In general.--The Inspector General of 
                each Federal agency and designated Federal 
                entity shall establish and maintain a direct 
                link on the homepage of the website of the 
                Office of the Inspector General for individuals 
                to report fraud, waste, and abuse. Individuals 
                reporting fraud, waste, or abuse using the 
                direct link established under this paragraph 
                shall not be required to provide personally 
                identifying information relating to that 
                individual.
                  (B) Anonymity.--The Inspector General of each 
                Federal agency and designated Federal entity 
                shall not disclose the identity of any 
                individual making a report under this paragraph 
                without the consent of the individual unless 
                the Inspector General determines that such a 
                disclosure is unavoidable during the course of 
                the investigation.
          (3) Rule of construction.--Nothing in this subsection 
        shall be construed as authorizing an Inspector General 
        to publicly disclose information otherwise prohibited 
        from disclosure by law.
    (c) Definitions.--In this section, the terms ``designated 
Federal entity'' and ``head of the designated Federal entity'' 
have the meanings given those terms in section 8G(a).]

[Sec. 8N. Additional provisions with respect to the Department of 
                    Energy

    (a) The Secretary of Energy may prohibit the Inspector 
General of the Department of Energy from accessing Restricted 
Data and nuclear safeguards information protected from 
disclosure under chapter 12 of the Atomic Energy Act of 1954 
(42 U.S.C. 2161 et seq.) and intelligence or 
counterintelligence, as defined in section 3 of the National 
Security Act of 1947 (50 U.S.C. 3003), if the Secretary of 
Energy determines that the prohibition is necessary to protect 
the national security or prevent the significant impairment to 
the national security interests of the United States.
    (b) Not later than 7 days after the date on which the 
Secretary of Energy exercises any power authorized under 
subsection (a), the Secretary shall notify the Inspector 
General of the Department of Energy in writing the reasons for 
such exercise. Within 30 days after receipt of any such notice, 
the Inspector General of the Department of Energy shall submit 
to the appropriate committees of Congress a statement 
concerning such exercise.]

[Sec. 9. Transfer of functions

    (a) There shall be transferred--
          (1) to the Office of Inspector General--
                  (A) of the Department of Agriculture, the 
                offices of that department referred to as the 
                ``Office of Investigation'' and the ``Office of 
                Audit'';
                  (B) of the Department of Commerce, the 
                offices of that department referred to as the 
                ``Office of Audits'' and the ``Investigations 
                and Inspections Staff'' and that portion of the 
                office referred to as the ``Office of 
                Investigations and Security'' which has 
                responsibility for investigation of alleged 
                criminal violations and program abuse;
                  (C) of the Department of Defense, the offices 
                of that department referred to as the ``Defense 
                Audit Service'' and the ``Office of Inspector 
                General, Defense Logistics Agency'', and that 
                portion of the office of that department 
                referred to as the ``Defense Investigative 
                Service'' which has responsibility for the 
                investigation of alleged criminal violations;
                  (D) of the Department of Education, all 
                functions of the Inspector General of Health, 
                Education, and Welfare or of the Office of 
                Inspector General of Health, Education, and 
                Welfare relating to functions transferred by 
                section 301 of the Department of Education 
                Organization Act [20 U.S.C. 3441];
                  (E) of the Department of Energy, the Office 
                of Inspector General (as established by section 
                208 of the Department of Energy Organization 
                Act);
                  (F) of the Department of Health and Human 
                Services, the Office of Inspector General (as 
                established by title II of Public Law 94-505);
                  (G) of the Department of Housing and Urban 
                Development, the office of that department 
                referred to as the ``Office of Inspector 
                General'';
                  (H) of the Department of the Interior, the 
                office of that department referred to as the 
                ``Office of Audit and Investigation'';
                  (I) of the Department of Justice, the offices 
                of that Department referred to as (i) the 
                ``Audit Staff, Justice Management Division'', 
                (ii) the ``Policy and Procedures Branch, Office 
                of the Comptroller, Immigration and 
                Naturalization Service'', the ``Office of 
                Professional Responsibility, Immigration and 
                Naturalization Service'', and the ``Office of 
                Program Inspections, Immigration and 
                Naturalization Service'', (iii) the ``Office of 
                Internal Inspection, United States Marshals 
                Service'', (iv) the ``Financial Audit Section, 
                Office of Financial Management, Bureau of 
                Prisons'' and the ``Office of Inspections, 
                Bureau of Prisons'', and (v) from the Drug 
                Enforcement Administration, that portion of the 
                ``Office of Inspections'' which is engaged in 
                internal audit activities, and that portion of 
                the ``Office of Planning and Evaluation'' which 
                is engaged in program review activities;
                  (J) of the Department of Labor, the office of 
                that department referred to as the ``Office of 
                Special Investigations'';
                  (K) of the Department of Transportation, the 
                offices of that department referred to as the 
                ``Office of Investigations and Security'' and 
                the ``Office of Audit'' of the Department, the 
                ``Offices of Investigations and Security, 
                Federal Aviation Administration'', and 
                ``External Audit Divisions, Federal Aviation 
                Administration'', the ``Investigations Division 
                and the External Audit Division of the Office 
                of Program Review and Investigation, Federal 
                Highway Administration'', and the ``Office of 
                Program Audits, Urban Mass Transportation 
                Administration'';
                  (L)(i) of the Department of the Treasury, the 
                office of that department referred to as the 
                ``Office of Inspector General'', and, 
                notwithstanding any other provision of law, 
                that portion of each of the offices of that 
                department referred to as the ``Office of 
                Internal Affairs, Tax and Trade Bureau'', the 
                ``Office of Internal Affairs, United States 
                Customs Service'', and the ``Office of 
                Inspections, United States Secret Service'' 
                which is engaged in internal audit activities; 
                and
                  (ii) of the Treasury Inspector General for 
                Tax Administration, effective 180 days after 
                the date of the enactment of the Internal 
                Revenue Service Restructuring and Reform Act of 
                1998 [July 22, 1998], the Office of Chief 
                Inspector of the Internal Revenue Service;
                  (M) of the Environmental Protection Agency, 
                the offices of that agency referred to as the 
                ``Office of Audit'' and the ``Security and 
                Inspection Division'';
                  (N) of the Federal Emergency Management 
                Agency, the office of that agency referred to 
                as the ``Office of Inspector General'';
                  (O) of the General Services Administration, 
                the offices of that agency referred to as the 
                ``Office of Audits'' and the ``Office of 
                Investigations'';
                  (P) of the National Aeronautics and Space 
                Administration, the offices of that agency 
                referred to as the ``Management Audit Office'' 
                and the ``Office of Inspections and Security'';
                  (Q) of the Nuclear Regulatory Commission, the 
                office of that commission referred to as the 
                ``Office of Inspector and Auditor'';
                  (R) of the Office of Personnel Management, 
                the offices of that agency referred to as the 
                ``Office of Inspector General'', the 
                ``Insurance Audits Division, Retirement and 
                Insurance Group'', and the ``Analysis and 
                Evaluation Division, Administration Group'';
                  (S) of the Railroad Retirement Board, the 
                Office of Inspector General (as established by 
                section 23 of the Railroad Retirement Act of 
                1974);
                  (T) of the Small Business Administration, the 
                office of that agency referred to as the 
                ``Office of Audits and Investigations'';
                  (U) of the Veterans' Administration, the 
                offices of that agency referred to as the 
                ``Office of Audits'' and the ``Office of 
                Investigations''; and 1
                  (V) of the Corporation for National and 
                Community Service, the Office of Inspector 
                General of ACTION; 1
                  (W) of the Social Security Administration, 
                the functions of the Inspector General of the 
                Department of Health and Human Services which 
                are transferred to the Social Security 
                Administration by the Social Security 
                Independence and Program Improvements Act of 
                1994 (other than functions performed pursuant 
                to section 105(a)(2) of such Act), except that 
                such transfers shall be made in accordance with 
                the provisions of such Act and shall not be 
                subject to subsections (b) through (d) of this 
                section; and
          (2) to the Office of the Inspector General, such 
        other offices or agencies, or functions, powers, or 
        duties thereof, as the head of the establishment 
        involved may determine are properly related to the 
        functions of the Office and would, if so transferred, 
        further the purposes of this Act,
        except that there shall not be transferred to an 
        Inspector General under paragraph (2) program operating 
        responsibilities.
    (b) The personnel, assets, liabilities, contracts, 
property, records, and unexpended balances of appropriations, 
authorizations, allocations, and other funds employed, held, 
used, arising from, available or to be made available, of any 
office or agency the functions, powers, and duties of which are 
transferred under subsection (a) are hereby transferred to the 
applicable Office of Inspector General.
    (c) Personnel transferred pursuant to subsection (b) shall 
be transferred in accordance with applicable laws and 
regulations relating to the transfer of functions except that 
the classification and compensation of such personnel shall not 
be reduced for one year after such transfer.
    (d) In any case where all the functions, powers, and duties 
of any office or agency are transferred pursuant to this 
subsection, such office or agency shall lapse. Any person who, 
on the effective date of this Act [Oct. 1, 1978], held a 
position compensated in accordance with the General Schedule, 
and who, without a break in service, is appointed in an Office 
of Inspector General to a position having duties comparable to 
those performed immediately preceding such appointment shall 
continue to be compensated in the new position at not less than 
the rate provided for the previous position, for the duration 
of service in the new position.]

[Sec. 11. Establishment of the Council of the Inspectors General on 
                    Integrity and Efficiency

    (a) Establishment and Mission.--
          (1) Establishment.--There is established as an 
        independent entity within the executive branch the 
        Council of the Inspectors General on Integrity and 
        Efficiency (in this section referred to as the 
        ``Council'').
          (2) Mission.--The mission of the Council shall be 
        to--
                  (A) address integrity, economy, and 
                effectiveness issues that transcend individual 
                Government agencies; and
                  (B) increase the professionalism and 
                effectiveness of personnel by developing 
                policies, standards, and approaches to aid in 
                the establishment of a well-trained and highly 
                skilled workforce in the offices of the 
                Inspectors General.
    (b) Membership.--
          (1) In general.--The Council shall consist of the 
        following members:
                  (A) All Inspectors General whose offices are 
                established under--
                          (i) section 2; or
                          (ii) section 8G.
                  (B) The Inspectors General of the 
                Intelligence Community and the Central 
                Intelligence Agency.
                  (C) The Controller of the Office of Federal 
                Financial Management.
                  (D) A senior level official of the Federal 
                Bureau of Investigation designated by the 
                Director of the Federal Bureau of 
                Investigation.
                  (E) The Director of the Office of Government 
                Ethics.
                  (F) The Special Counsel of the Office of 
                Special Counsel.
                  (G) The Deputy Director of the Office of 
                Personnel Management.
                  (H) The Deputy Director for Management of the 
                Office of Management and Budget.
                  (I) The Inspectors General of the Library of 
                Congress, Capitol Police, Government Publishing 
                Office, Government Accountability Office, and 
                the Architect of the Capitol.
          (2) Chairperson and executive chairperson.--
                  (A) Executive chairperson.--The Deputy 
                Director for Management of the Office of 
                Management and Budget shall be the Executive 
                Chairperson of the Council.
                  (B) Chairperson.--The Council shall elect 1 
                of the Inspectors General referred to in 
                paragraph (1)(A) or (B) to act as Chairperson 
                of the Council. The term of office of the 
                Chairperson shall be 2 years.
          (3) Functions of chairperson and executive 
        chairperson.--
                  (A) Executive chairperson.--The Executive 
                Chairperson shall--
                          (i) preside over meetings of the 
                        Council;
                          (ii) provide to the heads of agencies 
                        and entities represented on the Council 
                        summary reports of the activities of 
                        the Council; and
                          (iii) provide to the Council such 
                        information relating to the agencies 
                        and entities represented on the Council 
                        as assists the Council in performing 
                        its functions.
                  (B) Chairperson.--The Chairperson shall--
                          (i) convene meetings of the Council--
                                  (I) at least 6 times each 
                                year;
                                  (II) monthly to the extent 
                                possible; and
                                  (III) more frequently at the 
                                discretion of the Chairperson;
                          (ii) carry out the functions and 
                        duties of the Council under subsection 
                        (c);
                          (iii) appoint a Vice Chairperson to 
                        assist in carrying out the functions of 
                        the Council and act in the absence of 
                        the Chairperson, from a category of 
                        Inspectors General described in 
                        subparagraph (A)(i), (A)(ii), or (B) of 
                        paragraph (1), other than the category 
                        from which the Chairperson was elected;
                          (iv) make such payments from funds 
                        otherwise available to the Council as 
                        may be necessary to carry out the 
                        functions of the Council;
                          (v) select, appoint, and employ 
                        personnel as needed to carry out the 
                        functions of the Council subject to the 
                        provisions of title 5, United States 
                        Code, governing appointments in the 
                        competitive service, and the provisions 
                        of chapter 51 and subchapter III of 
                        chapter 53 of such title, relating to 
                        classification and General Schedule pay 
                        rates;
                          (vi) to the extent and in such 
                        amounts as may be provided in advance 
                        by appropriations Acts, made available 
                        from the revolving fund established 
                        under subsection (c)(3)(B), or as 
                        otherwise provided by law, enter into 
                        contracts and other arrangements with 
                        public agencies and private persons to 
                        carry out the functions and duties of 
                        the Council;
                          (vii) establish, in consultation with 
                        the members of the Council, such 
                        committees as determined by the 
                        Chairperson to be necessary and 
                        appropriate for the efficient conduct 
                        of Council functions; and
                          (viii) prepare and transmit an annual 
                        report on behalf of the Council on the 
                        activities of the Council to--
                                  (I) the President;
                                  (II) the appropriate 
                                committees of jurisdiction of 
                                the Senate and the House of 
                                Representatives;
                                  (III) the Committee on 
                                Homeland Security and 
                                Governmental Affairs of the 
                                Senate; and
                                  (IV) the Committee on 
                                Oversight and Government Reform 
                                of the House of 
                                Representatives.
    (c) Functions and Duties of Council.--
          (1) In general.--The Council shall--
                  (A) continually identify, review, and discuss 
                areas of weakness and vulnerability in Federal 
                programs and operations with respect to fraud, 
                waste, and abuse;
                  (B) develop plans for coordinated, 
                Governmentwide activities that address these 
                problems and promote economy and efficiency in 
                Federal programs and operations, including 
                interagency and interentity audit, 
                investigation, inspection, and evaluation 
                programs and projects to deal efficiently and 
                effectively with those problems concerning 
                fraud and waste that exceed the capability or 
                jurisdiction of an individual agency or entity;
                  (C) develop policies that will aid in the 
                maintenance of a corps of well-trained and 
                highly skilled Office of Inspector General 
                personnel;
                  (D) maintain an Internet website and other 
                electronic systems for the benefit of all 
                Inspectors General, as the Council determines 
                are necessary or desirable;
                  (E) maintain 1 or more academies as the 
                Council considers desirable for the 
                professional training of auditors, 
                investigators, inspectors, evaluators, and 
                other personnel of the various offices of 
                Inspector General;
                  (F) submit recommendations of individuals to 
                the appropriate appointing authority for any 
                appointment to an office of Inspector General 
                described under subsection (b)(1)(A) or (B);
                  (G) make such reports to Congress as the 
                Chairperson determines are necessary or 
                appropriate;
                  (H) except for matters coordinated among 
                Inspectors General under section 3033 of title 
                50, United States Code, receive, review, and 
                mediate any disputes submitted in writing to 
                the Council by an Office of Inspector General 
                regarding an audit, investigation, inspection, 
                evaluation, or project that involves the 
                jurisdiction of more than one Office of 
                Inspector General; and
                  (I) perform other duties within the authority 
                and jurisdiction of the Council, as 
                appropriate.
          (2) Adherence and participation by members.--To the 
        extent permitted under law, and to the extent not 
        inconsistent with standards established by the 
        Comptroller General of the United States for audits of 
        Federal establishments, organizations, programs, 
        activities, and functions, each member of the Council, 
        as appropriate, shall--
                  (A) adhere to professional standards 
                developed by the Council; and
                  (B) participate in the plans, programs, and 
                projects of the Council, except that in the 
                case of a member described under subsection 
                (b)(1)(I), the member shall participate only to 
                the extent requested by the member and approved 
                by the Executive Chairperson and Chairperson.
          (3) Additional administrative authorities.--
                  (A) Interagency funding.--Notwithstanding 
                section 1532 of title 31, United States Code, 
                or any other provision of law prohibiting the 
                interagency funding of activities described 
                under subclause (I), (II), or (III) of clause 
                (i), in the performance of the 
                responsibilities, authorities, and duties of 
                the Council--
                          (i) the Executive Chairperson may 
                        authorize the use of interagency 
                        funding for--
                                  (I) Governmentwide training 
                                of employees of the Offices of 
                                the Inspectors General;
                                  (II) the functions of the 
                                Integrity Committee of the 
                                Council; and
                                  (III) any other authorized 
                                purpose determined by the 
                                Council; and
                          (ii) upon the authorization of the 
                        Executive Chairperson, any Federal 
                        agency or designated Federal entity (as 
                        defined in section 8G(a)) which has a 
                        member on the Council shall fund or 
                        participate in the funding of such 
                        activities.
                  (B) Revolving fund--.
                          (i) In general.--The Council may--
                                  (I) establish in the Treasury 
                                of the United States a 
                                revolving fund to be called the 
                                Inspectors General Council 
                                Fund; or
                                  (II) enter into an 
                                arrangement with a department 
                                or agency to use an existing 
                                revolving fund.
                          (ii) Amounts in revolving fund.--
                                  (I) In general.--Amounts 
                                transferred to the Council 
                                under this subsection shall be 
                                deposited in the revolving fund 
                                described under clause (i)(I) 
                                or (II).
                                  (II) Training.--Any remaining 
                                unexpended balances 
                                appropriated for or otherwise 
                                available to the Inspectors 
                                General Criminal Investigator 
                                Academy and the Inspectors 
                                General Auditor Training 
                                Institute shall be transferred 
                                to the revolving fund described 
                                under clause (i)(I) or (II).
                          (iii) Use of revolving fund.--
                                  (I) In general.--Except as 
                                provided under subclause (II), 
                                amounts in the revolving fund 
                                described under clause (i)(I) 
                                or (II) may be used to carry 
                                out the functions and duties of 
                                the Council under this 
                                subsection.
                                  (II) Training.--Amounts 
                                transferred into the revolving 
                                fund described under clause 
                                (i)(I) or (II) may be used for 
                                the purpose of maintaining any 
                                training academy as determined 
                                by the Council.
                          (iv) Availability of funds.--Amounts 
                        in the revolving fund described under 
                        clause (i)(I) or (II) shall remain 
                        available to the Council without fiscal 
                        year limitation.
                  (C) Superseding provisions.--No provision of 
                law enacted after the date of enactment of this 
                subsection shall be construed to limit or 
                supersede any authority under subparagraph (A) 
                or (B), unless such provision makes specific 
                reference to the authority in that paragraph.
          (4) Existing authorities and responsibilities.--The 
        establishment and operation of the Council shall not 
        affect--
                  (A) the role of the Department of Justice in 
                law enforcement and litigation;
                  (B) the authority or responsibilities of any 
                Government agency or entity; and
                  (C) the authority or responsibilities of 
                individual members of the Council.
          (5) Additional responsibilities relating to 
        whistleblower protection.--The Council shall--
                  (A) facilitate the work of the Whistleblower 
                Protection Coordinators designated under 
                section 3(d)(C); 3 and
                  (B) in consultation with the Office of 
                Special Counsel and Whistleblower Protection 
                Coordinators from the member offices of the 
                Inspector General, develop best practices for 
                coordination and communication in promoting the 
                timely and appropriate handling and 
                consideration of protected disclosures, 
                allegations of reprisal, and general matters 
                regarding the implementation and administration 
                of whistleblower protection laws, in accordance 
                with Federal law.
    (d) Integrity Committee.--
          (1) Establishment.--The Council shall have an 
        Integrity Committee, which shall receive, review, and 
        refer for investigation allegations of wrongdoing that 
        are made against Inspectors General and staff members 
        of the various Offices of Inspector General described 
        under paragraph (4)(C).
          (2) Membership.--
                  (A) In general.--The Integrity Committee 
                shall consist of the following members:
                          (i) The official of the Federal 
                        Bureau of Investigation serving on the 
                        Council.
                          (ii) Four Inspectors General 
                        described in subparagraph (A) or (B) of 
                        subsection (b)(1) appointed by the 
                        Chairperson of the Council, 
                        representing both establishments and 
                        designated Federal entities (as that 
                        term is defined in section 8G(a)).
                          (iii) The Director of the Office of 
                        Government Ethics or the designee of 
                        the Director.
                  (B) Chairperson.--
                          (i) In general.--The Integrity 
                        Committee shall elect one of the 
                        Inspectors General referred to in 
                        subparagraph (A)(ii) to act as 
                        Chairperson of the Integrity Committee.
                          (ii) Term.--The term of office of the 
                        Chairperson of the Integrity Committee 
                        shall be 2 years.
          (3) Legal advisor.--The Chief of the Public Integrity 
        Section of the Criminal Division of the Department of 
        Justice, or his designee, shall serve as a legal 
        advisor to the Integrity Committee.
          (4) Referral of allegations.--
                  (A) Requirement.--An Inspector General shall 
                refer to the Integrity Committee any allegation 
                of wrongdoing against a staff member of the 
                office of that Inspector General, if--
                          (i) review of the substance of the 
                        allegation cannot be assigned to an 
                        agency of the executive branch with 
                        appropriate jurisdiction over the 
                        matter; and
                          (ii) the Inspector General determines 
                        that--
                                  (I) an objective internal 
                                investigation of the allegation 
                                is not feasible; or
                                  (II) an internal 
                                investigation of the allegation 
                                may appear not to be objective.
                  (B) Definition.--In this paragraph the term 
                ``staff member'' means any employee of an 
                Office of Inspector General who--
                          (i) reports directly to an Inspector 
                        General; or
                          (ii) is designated by an Inspector 
                        General under subparagraph (C).
                  (C) Designation of staff members.--Each 
                Inspector General shall annually submit to the 
                Chairperson of the Integrity Committee a 
                designation of positions whose holders are 
                staff members for purposes of subparagraph (B).
          (5) Review of allegations.
                  (A) In general.--Not later than 7 days after 
                the date on which the Integrity Committee 
                receives an allegation of wrongdoing against an 
                Inspector General or against a staff member of 
                an Office of Inspector General described under 
                paragraph (4)(C), the allegation of wrongdoing 
                shall be reviewed and referred to the 
                Department of Justice or the Office of Special 
                Counsel for investigation, or to the Integrity 
                Committee for review, as appropriate, by--
                          (i) a representative of the 
                        Department of Justice, as designated by 
                        the Attorney General;
                          (ii) a representative of the Office 
                        of Special Counsel, as designated by 
                        the Special Counsel; and
                          (iii) a representative of the 
                        Integrity Committee, as designated by 
                        the Chairperson of the Integrity 
                        Committee.
                  (B) Referral to the chairperson.--
                          (i) In general.--Except as provided 
                        in clause (ii), not later than 30 days 
                        after the date on which an allegation 
                        of wrongdoing is referred to the 
                        Integrity Committee under subparagraph 
                        (A), the Integrity Committee shall 
                        determine whether to refer the 
                        allegation of wrongdoing to the 
                        Chairperson of the Integrity Committee 
                        to initiate an investigation.
                          (ii) Extension.--The 30-day period 
                        described in clause (i) may be extended 
                        for an additional period of 30 days if 
                        the Integrity Committee provides 
                        written notice to the congressional 
                        committees described in paragraph 
                        (8)(A)(iii) that includes a detailed, 
                        case-specific description of why the 
                        additional time is needed to evaluate 
                        the allegation of wrongdoing.
          (6) Authority to investigate allegations.--
                  (A) Requirement.--The Chairperson of the 
                Integrity Committee shall cause a thorough and 
                timely investigation of each allegation 
                referred under paragraph (5)(B) to be conducted 
                in accordance with this paragraph.
                  (B) Resources.--At the request of the 
                Chairperson of the Integrity Committee, the 
                head of each agency or entity represented on 
                the Council--
                          (i) shall provide assistance 
                        necessary to the Integrity Committee; 
                        and
                          (ii) may detail employees from that 
                        agency or entity to the Integrity 
                        Committee, subject to the control and 
                        direction of the Chairperson, to 
                        conduct an investigation under this 
                        subsection.
          (7) Procedures for investigations.--
                  (A) Standards applicable.--Investigations 
                initiated under this subsection shall be 
                conducted in accordance with the most current 
                Quality Standards for Investigations issued by 
                the Council or by its predecessors (the 
                President's Council on Integrity and Efficiency 
                and the Executive Council on Integrity and 
                Efficiency).
                  (B) Additional policies and procedures.--
                          (i) Establishment.--The Integrity 
                        Committee, in conjunction with the 
                        Chairperson of the Council, shall 
                        establish additional policies and 
                        procedures necessary to ensure fairness 
                        and consistency in--
                                  (I) determining whether to 
                                initiate an investigation;
                                  (II) conducting 
                                investigations;
                                  (III) reporting the results 
                                of an investigation;
                                  (IV) providing the person who 
                                is the subject of an 
                                investigation with an 
                                opportunity to respond to any 
                                Integrity Committee report;
                                  (V) except as provided in 
                                clause (ii), ensuring, to the 
                                extent possible, that 
                                investigations are conducted by 
                                Offices of Inspector General of 
                                similar size;
                                  (VI) creating a process for 
                                rotation of Inspectors General 
                                assigned to investigate 
                                allegations through the 
                                Integrity Committee; and
                                  (VII) creating procedures to 
                                avoid conflicts of interest for 
                                Integrity Committee 
                                investigations.
                          (ii) Exception.--The requirement 
                        under clause (i)(V) shall not apply to 
                        any Office of Inspector General with 
                        less than 50 employees who are 
                        authorized to conduct audits or 
                        investigations.
                          (iii) Submission to congress.--The 
                        Council shall submit a copy of the 
                        policies and procedures established 
                        under clause (i) to the congressional 
                        committees of jurisdiction.
                  (C) Completion of Investigation.--If an 
                allegation of wrongdoing is referred to the 
                Chairperson of the Integrity Committee under 
                paragraph (5)(B), the Chairperson of the 
                Integrity Committee--
                          (i) shall complete the investigation 
                        not later than 150 days after the date 
                        on which the Integrity Committee made 
                        the referral; and
                          (ii) if the investigation cannot be 
                        completed within the 150-day period 
                        described in clause (i), shall--
                                  (I) promptly notify the 
                                congressional committees 
                                described in paragraph 
                                (8)(A)(iii); and
                                  (II) brief the congressional 
                                committees described in 
                                paragraph (8)(A)(iii) every 30 
                                days regarding the status of 
                                the investigation and the 
                                general reasons for delay until 
                                the investigation is complete.
                  (D) Concurrent investigation.--If an 
                allegation of wrongdoing against an Inspector 
                General or a staff member of an Office of 
                Inspector General described under paragraph 
                (4)(C) is referred to the Department of Justice 
                or the Office of Special Counsel under 
                paragraph (5)(A), the Chairperson of the 
                Integrity Committee may conduct any related 
                investigation referred to the Chairperson under 
                paragraph (5)(B) concurrently with the 
                Department of Justice or the Office of Special 
                Counsel, as applicable.
                  (E) Reports.
                          (i) Integrity committee 
                        investigations.--For each investigation 
                        of an allegation of wrongdoing referred 
                        to the Chairperson of the Integrity 
                        Committee under paragraph (5)(B), the 
                        Chairperson of the Integrity Committee 
                        shall submit to members of the 
                        Integrity Committee and to the 
                        Chairperson of the Council a report 
                        containing the results of the 
                        investigation.
                          (ii) Other investigations.--For each 
                        allegation of wrongdoing referred to 
                        the Department of Justice or the Office 
                        of Special Counsel under paragraph 
                        (5)(A), the Attorney General or the 
                        Special Counsel, as applicable, shall 
                        submit to the Integrity Committee a 
                        report containing the results of the 
                        investigation.
                          (iii) Availability to congress.--
                                  (I) In general.--The 
                                congressional committees 
                                described in paragraph 
                                (8)(A)(iii) shall have access 
                                to any report authored by the 
                                Integrity Committee.
                                  (II) Members of congress.--
                                Subject to any other provision 
                                of law that would otherwise 
                                prohibit disclosure of such 
                                information, the Integrity 
                                Committee may provide any 
                                report authored by the 
                                Integrity Committee to any 
                                Member of Congress.
          (8) Assessment and final disposition.--
                  (A) In general.--With respect to any report 
                received under paragraph (7)(E), the Integrity 
                Committee shall--
                          (i) assess the report;
                          (ii) forward the report, with the 
                        recommendations of the Integrity 
                        Committee, including those on 
                        disciplinary action, within 30 days (to 
                        the maximum extent practicable) after 
                        the completion of the investigation, to 
                        the Executive Chairperson of the 
                        Council and to the President (in the 
                        case of a report relating to an 
                        Inspector General of an establishment 
                        or any employee of that Inspector 
                        General) or the head of a designated 
                        Federal entity (in the case of a report 
                        relating to an Inspector General of 
                        such an entity or any employee of that 
                        Inspector General) for resolution; and 
                        4
                          (iii) submit the report, with the 
                        recommendations of the Integrity 
                        Committee, to the Committee on Homeland 
                        Security and Governmental Affairs of 
                        the Senate, the Committee on Oversight 
                        and Government Reform of the House of 
                        Representatives, and other 
                        congressional committees of 
                        jurisdiction; and
                          (iv) following the submission of the 
                        report under clause (iii) and upon 
                        request by any Member of Congress, 
                        submit the report, with the 
                        recommendations of the Integrity 
                        Committee, to that Member.
                  (B) Disposition.--The Executive Chairperson 
                of the Council shall report to the Integrity 
                Committee the final disposition of the matter, 
                including what action was taken by the 
                President or agency head.
          (9) Annual report.--The Council shall submit to 
        Congress and the President by December 31 of each year 
        a report on the activities of the Integrity Committee 
        during the preceding fiscal year, which shall include 
        the following:
                  (A) The number of allegations received.
                  (B) The number of allegations referred to the 
                Department of Justice or the Office of Special 
                Counsel, including the number of allegations 
                referred for criminal investigation.
                  (C) The number of allegations referred to the 
                Chairperson of the Integrity Committee for 
                investigation.
                  (D) The number of allegations closed without 
                referral.
                  (E) The date each allegation was received and 
                the date each allegation was finally disposed 
                of.
                  (F) In the case of allegations referred to 
                the Chairperson of the Integrity Committee, a 
                summary of the status of the investigation of 
                the allegations and, in the case of 
                investigations completed during the preceding 
                fiscal year, a summary of the findings of the 
                investigations.
                  (G) Other matters that the Council considers 
                appropriate.
          (10) Requests for more information.--With respect to 
        paragraphs (8) and (9), the Council shall provide more 
        detailed information about specific allegations upon 
        request from any Member of Congress.
          (11) No right or benefit.--This subsection is not 
        intended to create any right or benefit, substantive or 
        procedural, enforceable at law by a person against the 
        United States, its agencies, its officers, or any 
        person.
          (12) Allegations of wrongdoing against special 
        counsel or deputy special counsel.--
                  (A) Special counsel defined.--In this 
                paragraph, the term ``Special Counsel'' means 
                the Special Counsel appointed under section 
                1211(b) of title 5, United States Code.
                  (B) Authority of integrity committee.--
                          (i) In general.--An allegation of 
                        wrongdoing against the Special Counsel 
                        or the Deputy Special Counsel may be 
                        received, reviewed, and referred for 
                        investigation to the same extent and in 
                        the same manner as in the case of an 
                        allegation against an Inspector General 
                        or against a staff member of an Office 
                        of Inspector General described under 
                        paragraph (4)(C), subject to the 
                        requirement that the representative 
                        designated by the Special Counsel under 
                        paragraph (5)(A)(ii) shall recuse 
                        himself or herself from the 
                        consideration of any allegation brought 
                        under this paragraph.
                          (ii) Coordination with existing 
                        provisions of law.--This paragraph 
                        shall not eliminate access to the Merit 
                        Systems Protection Board for review 
                        under section 7701 of title 5, United 
                        States Code. To the extent that an 
                        allegation brought under this paragraph 
                        involves section 2302(b)(8) of such 
                        title, a failure to obtain corrective 
                        action within 120 days after the date 
                        on which the allegation is received by 
                        the Integrity Committee shall, for 
                        purposes of section 1221 of such title, 
                        be considered to satisfy section 
                        1214(a)(3)(B) of such title.
                  (C) Regulations.--The Integrity Committee may 
                prescribe any rules or regulations necessary to 
                carry out this paragraph, subject to such 
                consultation or other requirements as may 
                otherwise apply.
          (13) Committee Records.--The Chairperson of the 
        Council shall maintain the records of the Integrity 
        Committee.
    (e) Oversight.gov.--
          (1) Definition.--In this subsection, the term 
        ``Office of Inspector General'' means the Office of--
                  (A) an Inspector General described in 
                subparagraph (A), (B), or (I) of subsection 
                (b)(1);
                  (B) the Special Inspector General for 
                Afghanistan Reconstruction established under 
                section 1229 of the National Defense 
                Authorization Act for Fiscal Year 2008 (Public 
                Law 110-181; 122 Stat. 379);
                  (C) the Special Inspector General for the 
                Troubled Asset Relief Plan established under 
                section 121 of title I of the Emergency 
                Economic Stabilization Act of 2008 (12 U.S.C. 
                5231); and
                  (D) the Special Inspector General for 
                Pandemic Recovery established under section 
                4018 of the CARES Act (15 U.S.C. 9053).
          (2) Establishment.--The Council shall establish and 
        maintain a website entitled ``oversight.gov''--
                  (A) to consolidate all public reports from 
                each Office of Inspector General to improve the 
                access of the public to any audit report, 
                inspection report, or evaluation report (or 
                portion of any such report) made by an Office 
                of Inspector General; and
                  (B) that shall include any additional 
                resources, information, and enhancements as the 
                Council determines are necessary or desirable.
          (3) Participation of offices of inspectors general.--
        Each Office of Inspector General that publishes an 
        audit report, inspection report, or evaluation report 
        (or portion of any such report) on the website of the 
        Office of Inspector General shall, or in the case of 
        the office of an Inspector General described in 
        subparagraph (I) of subsection (b)(1) may, 
        contemporaneously publish the report or portion thereof 
        on oversight.gov in a manner prescribed by the 
        Council.]

[Sec. 12. Definitions

    As used in this Act--
          (1) the term ``head of the establishment'' means the 
        Secretary of Agriculture, Commerce, Defense, Education, 
        Energy, Health and Human Services, Housing and Urban 
        Development, the Interior, Labor, State, 
        Transportation, Homeland Security, or the Treasury; the 
        Attorney General; the Administrator of the Agency for 
        International Development, Environmental Protection, 
        General Services, National Aeronautics and Space, Small 
        Business, or Veterans' Affairs; the Administrator of 
        the Federal Emergency Management Agency, or the Office 
        of Personnel Management; the Chairman of the Nuclear 
        Regulatory Commission, the Federal Communications 
        Commission, or the Railroad Retirement Board; the 
        Chairperson of the Thrift Depositor Protection 
        Oversight Board; the Chief Executive Officer of the 
        Corporation for National and Community Service; the 
        Administrator of the Community Development Financial 
        Institutions Fund; the chief executive officer of the 
        Resolution Trust Corporation; the Chairperson of the 
        Federal Deposit Insurance Corporation; the Commissioner 
        of Social Security, Social Security Administration; the 
        Director of the Federal Housing Finance Agency; the 
        Board of Directors of the Tennessee Valley Authority; 
        the President of the Export-Import Bank; the Federal 
        Cochairpersons of the Commissions established under 
        section 15301 of title 40, United States Code; the 
        Director of the National Security Agency; or the 
        Director of the National Reconnaissance Office; as the 
        case may be;
          (2) the term ``establishment'' means the Department 
        of Agriculture, Commerce, Defense, Education, Energy, 
        Health and Human Services, Housing and Urban 
        Development, the Interior, Justice, Labor, State, 
        Transportation, Homeland Security, or the Treasury; the 
        Agency for International Development, the Community 
        Development Financial Institutions Fund, the 
        Environmental Protection Agency, the Federal 
        Communications Commission, the Federal Emergency 
        Management Agency, the General Services Administration, 
        the National Aeronautics and Space Administration, the 
        Nuclear Regulatory Commission, the Office of Personnel 
        Management, the Railroad Retirement Board, the 
        Resolution Trust Corporation, the Federal Deposit 
        Insurance Corporation, the Small Business 
        Administration, the Corporation for National and 
        Community Service, the Veterans' Administration, the 
        Social Security Administration, the Federal Housing 
        Finance Agency, the Tennessee Valley Authority, the 
        Export-Import Bank, the Commissions established under 
        section 15301 of title 40, United States Code, the 
        National Security Agency, or the National 
        Reconnaissance Office, as the case may be;
          (3) the term ``Inspector General'' means the 
        Inspector General of an establishment;
          (4) the term ``Office'' means the Office of Inspector 
        General of an establishment; and
          (5) the term ``Federal agency'' means an agency as 
        defined in section 552(f) of title 5 (including an 
        establishment as defined in paragraph (2)), United 
        States Code, but shall not be construed to include the 
        Government Accountability Office.]

ETHICS IN GOVERNMENT ACT OF 1978

           *       *       *       *       *       *       *


    TITLE I--FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL

[Sec. 101. Persons required to file

    (a) Within thirty days of assuming the position of an 
officer or employee described in subsection (f), an individual 
shall file a report containing the information described in 
section 102(b) unless the individual has left another position 
described in subsection (f) within thirty days prior to 
assuming such new position or has already filed a report under 
this title with respect to nomination for the new position or 
as a candidate for the position.
    (b)(1) Within five days of the transmittal by the President 
to the Senate of the nomination of an individual (other than an 
individual nominated for appointment to a position as a Foreign 
Service Officer or a grade or rank in the uniformed services 
for which the pay grade prescribed by section 201 of title 37, 
United States Code, is O-6 or below) to a position, appointment 
to which requires the advice and consent of the Senate, such 
individual shall file a report containing the information 
described in section 102(b). Such individual shall, not later 
than the date of the first hearing to consider the nomination 
of such individual, make current the report filed pursuant to 
this paragraph by filing the information required by section 
102(a)(1)(A) with respect to income and honoraria received as 
of the date which occurs five days before the date of such 
hearing. Nothing in this Act shall prevent any Congressional 
committee from requesting, as a condition of confirmation, any 
additional financial information from any Presidential nominee 
whose nomination has been referred to that committee.
    (2) An individual whom the President or the President-elect 
has publicly announced he intends to nominate to a position may 
file the report required by paragraph (1) at any time after 
that public announcement, but not later than is required under 
the first sentence of such paragraph.
    (c) Within thirty days of becoming a candidate as defined 
in section 301 of the Federal Campaign Act of 1971, in a 
calendar year for nomination or election to the office of 
President, Vice President, or Member of Congress, or on or 
before May 15 of that calendar year, whichever is later, but in 
no event later than 30 days before the election, and on or 
before May 15 of each successive year an individual continues 
to be a candidate, an individual other than an incumbent 
President, Vice President, or Member of Congress shall file a 
report containing the information described in section 102(b). 
Notwithstanding the preceding sentence, in any calendar year in 
which an individual continues to be a candidate for any office 
but all elections for such office relating to such candidacy 
were held in prior calendar years, such individual need not 
file a report unless he becomes a candidate for another vacancy 
in that office or another office during that year.
    (d) Any individual who is an officer or employee described 
in subsection (f) during any calendar year and performs the 
duties of his position or office for a period in excess of 
sixty days in that calendar year shall file on or before May 15 
of the succeeding year a report containing the information 
described in section 102(a).
    (e) Any individual who occupies a position described in 
subsection (f) shall, on or before the thirtieth day after 
termination of employment in such position, file a report 
containing the information described in section 102(a) covering 
the preceding calendar year if the report required by 
subsection (d) has not been filed and covering the portion of 
the calendar year in which such termination occurs up to the 
date the individual left such office or position, unless such 
individual has accepted employment in another position 
described in subsection (f).
    (f) The officers and employees referred to in subsections 
(a), (d), and (e) are--
          (1) the President;
          (2) the Vice President;
          (3) each officer or employee in the executive branch, 
        including a special Government employee as defined in 
        section 202 of title 18, United States Code, who 
        occupies a position classified above GS-15 of the 
        General Schedule or, in the case of positions not under 
        the General Schedule, for which the rate of basic pay 
        is equal to or greater than 120 percent of the minimum 
        rate of basic pay payable for GS-15 of the General 
        Schedule; each member of a uniformed service whose pay 
        grade is at or in excess of O-7 under section 201 of 
        title 37, United States Code; and each officer or 
        employee in any other position determined by the 
        Director of the Office of Government Ethics to be of 
        equal classification;
          (4) each employee appointed pursuant to section 3105 
        of title 5, United States Code;
          (5) any employee not described in paragraph (3) who 
        is in a position in the executive branch which is 
        excepted from the competitive service by reason of 
        being of a confidential or policymaking character, 
        except that the Director of the Office of Government 
        Ethics may, by regulation, exclude from the application 
        of this paragraph any individual, or group of 
        individuals, who are in such positions, but only in 
        cases in which the Director determines such exclusion 
        would not affect adversely the integrity of the 
        Government or the public's confidence in the integrity 
        of the Government;
          (6) the Postmaster General, the Deputy Postmaster 
        General, each Governor of the Board of Governors of the 
        United States Postal Service and each officer or 
        employee of the United States Postal Service or Postal 
        Regulatory Commission who occupies a position for which 
        the rate of basic pay is equal to or greater than 120 
        percent of the minimum rate of basic pay payable for 
        GS-15 of the General Schedule;
          (7) the Director of the Office of Government Ethics 
        and each designated agency ethics official;
          (8) any civilian employee not described in paragraph 
        (3), employed in the Executive Office of the President 
        (other than a special government\1\ employee) who holds 
        a commission of appointment from the President;
          (9) a Member of Congress as defined under section 
        109(12);
          (10) an officer or employee of the Congress as 
        defined under section 109(13);
          (11) a judicial officer as defined under section 
        109(10); and
          (12) a judicial employee as defined under section 
        109(8).
    (g)(1) Reasonable extensions of time for filing any report 
may be granted under procedures prescribed by the supervising 
ethics office for each branch, but the total of such extensions 
shall not exceed ninety days.
    (2)(A) In the case of an individual who is serving in the 
Armed Forces, or serving in support of the Armed Forces, in an 
area while that area is designated by the President by 
Executive order as a combat zone for purposes of section 112 of 
the Internal Revenue Code of 1986, the date for the filing of 
any report shall be extended so that the date is 180 days after 
the later of--
          (i) the last day of the individual's service in such 
        area during such designated period; or
          (ii) the last day of the individual's hospitalization 
        as a result of injury received or disease contracted 
        while serving in such area.
    (B) The Office of Government Ethics, in consultation with 
the Secretary of Defense, may prescribe procedures under this 
paragraph.
    (h) The provisions of subsections (a), (b), and (e) shall 
not apply to an individual who, as determined by the designated 
agency ethics official or Secretary concerned (or in the case 
of a Presidential appointee under subsection (b), the Director 
of the Office of Government Ethics), the congressional ethics 
committees, or the Judicial Conference, is not reasonably 
expected to perform the duties of his office or position for 
more than sixty days in a calendar year, except that if such 
individual performs the duties of his office or position for 
more than sixty days in a calendar year--
          (1) the report required by subsections (a) and (b) 
        shall be filed within fifteen days of the sixtieth day, 
        and
          (2) the report required by subsection (e) shall be 
        filed as provided in such subsection.
    (i) The supervising ethics office for each branch may grant 
a publicly available request for a waiver of any reporting 
requirement under this section for an individual who is 
expected to perform or has performed the duties of his office 
or position less than one hundred and thirty days in a calendar 
year, but only if the supervising ethics office determines 
that--
          (1) such individual is not a full-time employee of 
        the Government,
          (2) such individual is able to provide services 
        specially needed by the Government,
          (3) it is unlikely that the individual's outside 
        employment or financial interests will create a 
        conflict of interest, and
          (4) public financial disclosure by such individual is 
        not necessary in the circumstances.]

[Sec. 102. Contents of reports

    (a) Each report filed pursuant to section 101(d) and (e) 
shall include a full and complete statement with respect to the 
following:
          (1)(A) The source, type, and amount or value of 
        income (other than income referred to in subparagraph 
        (B)) from any source (other than from current 
        employment by the United States Government), and the 
        source, date, and amount of honoraria from any source, 
        received during the preceding calendar year, 
        aggregating $200 or more in value and, effective 
        January 1, 1991, the source, date, and amount of 
        payments made to charitable organizations in lieu of 
        honoraria, and the reporting individual shall 
        simultaneously file with the applicable supervising 
        ethics office, on a confidential basis, a corresponding 
        list of recipients of all such payments, together with 
        the dates and amounts of such payments.
          (B) The source and type of income which consists of 
        dividends, rents, interest, and capital gains, received 
        during the preceding calendar year which exceeds $200 
        in amount or value, and an indication of which of the 
        following categories the amount or value of such item 
        of income is within:
                  (i) not more than $1,000,
                  (ii) greater than $1,000 but not more than 
                $2,500,
                  (iii) greater than $2,500 but not more than 
                $5,000,
                  (iv) greater than $5,000 but not more than 
                $15,000,
                  (v) greater than $15,000 but not more than 
                $50,000,
                  (vi) greater than $50,000 but not more than 
                $100,000,
                  (vii) greater than $100,000 but not more than 
                $1,000,000,
                  (viii) greater than $1,000,000 but not more 
                than $5,000,000, or
                  (ix) greater than $5,000,000.
          (2)(A) The identity of the source, a brief 
        description, and the value of all gifts aggregating 
        more than the minimal value as established by section 
        7342(a)(5) of title 5, United States Code, or $250, 
        whichever is greater, received from any source other 
        than a relative of the reporting individual during the 
        preceding calendar year, except that any food, lodging, 
        or entertainment received as personal hospitality of an 
        individual need not be reported, and any gift with a 
        fair market value of $100 or less, as adjusted at the 
        same time and by the same percentage as the minimal 
        value is adjusted, need not be aggregated for purposes 
        of this subparagraph.
          (B) The identity of the source and a brief 
        description (including a travel itinerary, dates, and 
        nature of expenses provided) of reimbursements received 
        from any source aggregating more than the minimal value 
        as established by section 7342(a)(5) of title 5, United 
        States Code, or $250, whichever is greater and received 
        during the preceding calendar year.
          (C) In an unusual case, a gift need not be aggregated 
        under subparagraph (A) if a publicly available request 
        for a waiver is granted.
          (3) The identity and category of value of any 
        interest in property held during the preceding calendar 
        year in a trade or business, or for investment or the 
        production of income, which has a fair market value 
        which exceeds $1,000 as of the close of the preceding 
        calendar year, excluding any personal liability owed to 
        the reporting individual by a spouse,,\1\ or by a 
        parent, brother, sister, or child of the reporting 
        individual or of the reporting individual's spouse, or 
        any deposits aggregating $5,000 or less in a personal 
        savings account. For purposes of this paragraph, a 
        personal savings account shall include any certificate 
        of deposit or any other form of deposit in a bank, 
        savings and loan association, credit union, or similar 
        financial institution.
          (4) The identity and category of value of the total 
        liabilities owed to any creditor other than a spouse, 
        or a parent, brother, sister, or child of the reporting 
        individual or of the reporting individual's spouse 
        which exceed $10,000 at any time during the preceding 
        calendar year, excluding--
          (A) any mortgage secured by real property which is a 
        personal residence of the reporting individual or his 
        spouse, except that this exception shall not apply to a 
        reporting individual--
                  (i) described in paragraph (1), (2), or (9) 
                of section 101(f);
                  (ii) described in section 101(b) who has been 
                nominated for appointment as an officer or 
                employee in the executive branch described in 
                subsection (f) of such section, other than--
                          (I) an individual appointed to a 
                        position--
                                  (aa) as a Foreign Service 
                                Officer below the rank of 
                                ambassador; or
                                  (bb) in the uniformed 
                                services for which the pay 
                                grade prescribed by section 201 
                                of title 37, United States Code 
                                is O-6 or below; or
                          (II) a special government employee, 
                        as defined under section 202 of title 
                        18, United States Code; or
                  (iii) described in section 101(f) who is in a 
                position in the executive branch the 
                appointment to which is made by the President 
                and requires advice and consent of the Senate, 
                other than--
                          (I) an individual appointed to a 
                        position--
                                  (aa) as a Foreign Service 
                                Officer below the rank of 
                                ambassador; or
                                          (bb) in the uniformed 
                                        services for which the 
                                        pay grade prescribed by 
                                        section 201 of title 
                                        37, United States Code 
                                        is O-6 or below; or
                          (II) a special government employee, 
                        as defined under section 202 of title 
                        18, United States Code; and
          (B) any loan secured by a personal motor vehicle, 
        household furniture, or appliances, which loan does not 
        exceed the purchase price of the item which secures it.
        With respect to revolving charge accounts, only those 
        with an outstanding liability which exceeds $10,000 as 
        of the close of the preceding calendar year need be 
        reported under this paragraph.
          (5) Except as provided in this paragraph, a brief 
        description, the date, and category of value of any 
        purchase, sale or exchange during the preceding 
        calendar year which exceeds $1,000--
          (A) in real property, other than property used solely 
        as a personal residence of the reporting individual or 
        his spouse; or
          (B) in stocks, bonds, commodities futures, and other 
        forms of securities.
        Reporting is not required under this paragraph of any 
        transaction solely by and between the reporting 
        individual, his spouse, or dependent children.
          (6)(A) The identity of all positions held on or 
        before the date of filing during the current calendar 
        year (and, for the first report filed by an individual, 
        during the two-year period preceding such calendar 
        year) as an officer, director, trustee, partner, 
        proprietor, representative, employee, or consultant of 
        any corporation, company, firm, partnership, or other 
        business enterprise, any nonprofit organization, any 
        labor organization, or any educational or other 
        institution other than the United States. This 
        subparagraph shall not require the reporting of 
        positions held in any religious, social, fraternal, or 
        political entity and positions solely of an honorary 
        nature.
          (B) If any person, other than the United States 
        Government, paid a nonelected reporting individual 
        compensation in excess of $5,000 in any of the two 
        calendar years prior to the calendar year during which 
        the individual files his first report under this title, 
        the individual shall include in the report--
                  (i) the identity of each source of such 
                compensation; and
                  (ii) a brief description of the nature of the 
                duties performed or services rendered by the 
                reporting individual for each such source.
The preceding sentence shall not require any individual to 
include in such report any information which is considered 
confidential as a result of a privileged relationship, 
established by law, between such individual and any person nor 
shall it require an individual to report any information with 
respect to any person for whom services were provided by any 
firm or association of which such individual was a member, 
partner, or employee unless such individual was directly 
involved in the provision of such services.
          (7) A description of the date, parties to, and terms 
        of any agreement or arrangement with respect to (A) 
        future employment; (B) a leave of absence during the 
        period of the reporting individual's Government 
        service; (C) continuation of payments by a former 
        employer other than the United States Government; and 
        (D) continuing participation in an employee welfare or 
        benefit plan maintained by a former employer.
          (8) The category of the total cash value of any 
        interest of the reporting individual in a qualified 
        blind trust, unless the trust instrument was executed 
        prior to July 24, 1995 and precludes the beneficiary 
        from receiving information on the total cash value of 
        any interest in the qualified blind trust.
    (b)(1) Each report filed pursuant to subsections (a), (b), 
and (c) of section 101 shall include a full and complete 
statement with respect to the information required by--
          (A) paragraph (1) of subsection (a) for the year of 
        filing and the preceding calendar year,
          (B) paragraphs (3) and (4) of subsection (a) as of 
        the date specified in the report but which is less than 
        thirty-one days before the filing date, and
          (C) paragraphs (6) and (7) of subsection (a) as of 
        the filing date but for periods described in such 
        paragraphs.
    (2)(A) In lieu of filling out one or more schedules of a 
financial disclosure form, an individual may supply the 
required information in an alternative format, pursuant to 
either rules adopted by the supervising ethics office for the 
branch in which such individual serves or pursuant to a 
specific written determination by such office for a reporting 
individual.
    (B) In lieu of indicating the category of amount or value 
of any item contained in any report filed under this title, a 
reporting individual may indicate the exact dollar amount of 
such item.
    (c) In the case of any individual described in section 
101(e), any reference to the preceding calendar year shall be 
considered also to include that part of the calendar year of 
filing up to the date of the termination of employment.
    (d)(1) The categories for reporting the amount or value of 
the items covered in paragraphs (3), (4), (5), and (8) of 
subsection (a) are as follows:
          (A) not more than $15,000;
          (B) greater than $15,000 but not more than $50,000;
          (C) greater than $50,000 but not more than $100,000;
          (D) greater than $100,000 but not more than $250,000;
          (E) greater than $250,000 but not more than $500,000;
          (F) greater than $500,000 but not more than 
        $1,000,000;
          (G) greater than $1,000,000 but not more than 
        $5,000,000;
          (H) greater than $5,000,000 but not more than 
        $25,000,000;
          (I) greater than $25,000,000 but not more than 
        $50,000,000; and
          (J) greater than $50,000,000.
    (2) For the purposes of paragraph (3) of subsection (a) if 
the current value of an interest in real property (or an 
interest in a real estate partnership) is not ascertainable 
without an appraisal, an individual may list (A) the date of 
purchase and the purchase price of the interest in the real 
property, or (B) the assessed value of the real property for 
tax purposes, adjusted to reflect the market value of the 
property used for the assessment if the assessed value is 
computed at less than 100 percent of such market value, but 
such individual shall include in his report a full and complete 
description of the method used to determine such assessed 
value, instead of specifying a category of value pursuant to 
paragraph (1) of this subsection. If the current value of any 
other item required to be reported under paragraph (3) of 
subsection (a) is not ascertainable without an appraisal, such 
individual may list the book value of a corporation whose stock 
is not publicly traded, the net worth of a business 
partnership, the equity value of an individually owned 
business, or with respect to other holdings, any recognized 
indication of value, but such individual shall include in his 
report a full and complete description of the method used in 
determining such value. In lieu of any value referred to in the 
preceding sentence, an individual may list the assessed value 
of the item for tax purposes, adjusted to reflect the market 
value of the item used for the assessment if the assessed value 
is computed at less than 100 percent of such market value, but 
a full and complete description of the method used in 
determining such assessed value shall be included in the 
report.
    (e)(1) Except as provided in the last sentence of this 
paragraph, each report required by section 101 shall also 
contain information listed in paragraphs (1) through (5) of 
subsection (a) of this section respecting the spouse or 
dependent child of the reporting individual as follows:
          (A) The source of items of earned income earned by a 
        spouse from any person which exceed $1,000 and the 
        source and amount of any honoraria received by a 
        spouse, except that, with respect to earned income 
        (other than honoraria), if the spouse is self-employed 
        in business or a profession, only the nature of such 
        business or profession need be reported.
          (B) All information required to be reported in 
        subsection (a)(1)(B) with respect to income derived by 
        a spouse or dependent child from any asset held by the 
        spouse or dependent child and reported pursuant to 
        subsection (a)(3).
          (C) In the case of any gifts received by a spouse or 
        dependent child which are not received totally 
        independent of the relationship of the spouse or 
        dependent child to the reporting individual, the 
        identity of the source and a brief description of gifts 
        of transportation, lodging, food, or entertainment and 
        a brief description and the value of other gifts.
          (D) In the case of any reimbursements received by a 
        spouse or dependent child which are not received 
        totally independent of the relationship of the spouse 
        or dependent child to the reporting individual, the 
        identity of the source and a brief description of each 
        such reimbursement.
          (E) In the case of items described in paragraphs (3) 
        through (5) of subsection (a), all information required 
        to be reported under these paragraphs other than items 
        (i) which the reporting individual certifies represent 
        the spouse's or dependent child's sole financial 
        interest or responsibility and which the reporting 
        individual has no knowledge of, (ii) which are not in 
        any way, past or present, derived from the income, 
        assets, or activities of the reporting individual, and 
        (iii) from which the reporting individual neither 
        derives, nor expects to derive, any financial or 
        economic benefit.
          (F) For purposes of this section, categories with 
        amounts or values greater than $1,000,000 set forth in 
        sections 102(a)(1)(B) and 102(d)(1) shall apply to the 
        income, assets, or liabilities of spouses and dependent 
        children only if the income, assets, or liabilities are 
        held jointly with the reporting individual. All other 
        income, assets, or liabilities of the spouse or 
        dependent children required to be reported under this 
        section in an amount or value greater than $1,000,000 
        shall be categorized only as an amount or value greater 
        than $1,000,000.
        Reports required by subsections (a), (b), and (c) of 
        section 101 shall, with respect to the spouse and 
        dependent child of the reporting individual, only 
        contain information listed in paragraphs (1), (3), and 
        (4) of subsection (a), as specified in this paragraph.
    (2) No report shall be required with respect to a spouse 
living separate and apart from the reporting individual with 
the intention of terminating the marriage or providing for 
permanent separation; or with respect to any income or 
obligations of an individual arising from the dissolution of 
his marriage or the permanent separation from his spouse.
    (f)(1) Except as provided in paragraph (2), each reporting 
individual shall report the information required to be reported 
pursuant to subsections (a), (b), and (c) of this section with 
respect to the holdings of and the income from a trust or other 
financial arrangement from which income is received by, or with 
respect to which a beneficial interest in principal or income 
is held by, such individual, his spouse, or any dependent 
child.
    (2) A reporting individual need not report the holdings of 
or the source of income from any of the holdings of--
          (A) any qualified blind trust (as defined in 
        paragraph (3));
          (B) a trust--
                  (i) which was not created directly by such 
                individual, his spouse, or any dependent child, 
                and
                  (ii) the holdings or sources of income of 
                which such individual, his spouse, and any 
                dependent child have no knowledge of; or
          (C) an entity described under the provisions of 
        paragraph (8),
but such individual shall report the category of the amount of 
income received by him, his spouse, or any dependent child from 
the trust or other entity under subsection (a)(1)(B) of this 
section.
    (3) For purposes of this subsection, the term ``qualified 
blind trust'' includes any trust in which a reporting 
individual, his spouse, or any minor or dependent child has a 
beneficial interest in the principal or income, and which meets 
the following requirements:
          (A)(i) The trustee of the trust and any other entity 
        designated in the trust instrument to perform fiduciary 
        duties is a financial institution, an attorney, a 
        certified public accountant, a broker, or an investment 
        advisor who--
                  (I) is independent of and not associated with 
                any interested party so that the trustee or 
                other person cannot be controlled or influenced 
                in the administration of the trust by any 
                interested party; and
                  (II) is not and has not been an employee of 
                or affiliated with any interested party and is 
                not a partner of, or involved in any joint 
                venture or other investment with, any 
                interested party; and
                  (III) is not a relative of any interested 
                party.
          (ii) Any officer or employee of a trustee or other 
        entity who is involved in the management or control of 
        the trust--
                  (I) is independent of and not associated with 
                any interested party so that such officer or 
                employee cannot be controlled or influenced in 
                the administration of the trust by any 
                interested party;
                  (II) is not a partner of, or involved in any 
                joint venture or other investment with, any 
                interested party; and
                  (III) is not a relative of any interested 
                party.
          (B) Any asset transferred to the trust by an 
        interested party is free of any restriction with 
        respect to its transfer or sale unless such restriction 
        is expressly approved by the supervising ethics office 
        of the reporting individual.
          (C) The trust instrument which establishes the trust 
        provides that--
                  (i) except to the extent provided in 
                subparagraph (B) of this paragraph, the trustee 
                in the exercise of his authority and discretion 
                to manage and control the assets of the trust 
                shall not consult or notify any interested 
                party;
                  (ii) the trust shall not contain any asset 
                the holding of which by an interested party is 
                prohibited by any law or regulation;
                  (iii) the trustee shall promptly notify the 
                reporting individual and his supervising ethics 
                office when the holdings of any particular 
                asset transferred to the trust by any 
                interested party are disposed of or when the 
                value of such holding is less than $1,000;
                  (iv) the trust tax return shall be prepared 
                by the trustee or his designee, and such return 
                and any information relating thereto (other 
                than the trust income summarized in appropriate 
                categories necessary to complete an interested 
                party's tax return), shall not be disclosed to 
                any interested party;
                  (v) an interested party shall not receive any 
                report on the holdings and sources of income of 
                the trust, except a report at the end of each 
                calendar quarter with respect to the total cash 
                value of the interest of the interested party 
                in the trust or the net income or loss of the 
                trust or any reports necessary to enable the 
                interested party to complete an individual tax 
                return required by law or to provide the 
                information required by subsection (a)(1) of 
                this section, but such report shall not 
                identify any asset or holding;
                  (vi) except for communications which solely 
                consist of requests for distributions of cash 
                or other unspecified assets of the trust, there 
                shall be no direct or indirect communication 
                between the trustee and an interested party 
                with respect to the trust unless such 
                communication is in writing and unless it 
                relates only (I) to the general financial 
                interest and needs of the interested party 
                (including, but not limited to, an interest in 
                maximizing income or long-term capital gain), 
                (II) to the notification of the trustee of a 
                law or regulation subsequently applicable to 
                the reporting individual which prohibits the 
                interested party from holding an asset, which 
                notification directs that the asset not be held 
                by the trust, or (III) to directions to the 
                trustee to sell all of an asset initially 
                placed in the trust by an interested party 
                which in the determination of the reporting 
                individual creates a conflict of interest or 
                the appearance thereof due to the subsequent 
                assumption of duties by the reporting 
                individual (but nothing herein shall require 
                any such direction); and
                  (vii) the interested parties shall make no 
                effort to obtain information with respect to 
                the holdings of the trust, including obtaining 
                a copy of any trust tax return filed or any 
                information relating thereto except as 
                otherwise provided in this subsection.
          (D) The proposed trust instrument and the proposed 
        trustee is approved by the reporting individual's 
        supervising ethics office.
          (E) For purposes of this subsection, ``interested 
        party'' means a reporting individual, his spouse, and 
        any minor or dependent child; ``broker'' has the 
        meaning set forth in section 3(a)(4) of the Securities 
        and Exchange Act of 1934 (15 U.S.C. 78c(a)(4)); and 
        ``investment adviser'' includes any investment adviser 
        who, as determined under regulations prescribed by the 
        supervising ethics office, is generally involved in his 
        role as such an adviser in the management or control of 
        trusts.
          (F) Any trust qualified by a supervising ethics 
        office before the effective date of title II of the 
        Ethics Reform Act of 1989 shall continue to be governed 
        by the law and regulations in effect immediately before 
        such effective date.
    (4)(A) An asset placed in a trust by an interested party 
shall be considered a financial interest of the reporting 
individual, for the purposes of any applicable conflict of 
interest statutes, regulations, or rules of the Federal 
Government (including section 208 of title 18, United States 
Code), until such time as the reporting individual is notified 
by the trustee that such asset has been disposed of, or has a 
value of less than $1,000.
    (B)(i) The provisions of subparagraph (A) shall not apply 
with respect to a trust created for the benefit of a reporting 
individual, or the spouse, dependent child, or minor child of 
such a person, if the supervising ethics office for such 
reporting individual finds that--
          (I) the assets placed in the trust consist of a well-
        diversified portfolio of readily marketable securities;
          (II) none of the assets consist of securities of 
        entities having substantial activities in the area of 
        the reporting individual's primary area of 
        responsibility;
          (III) the trust instrument prohibits the trustee, 
        notwithstanding the provisions of paragraphs 
        (3)(C)(iii) and (iv) of this subsection, from making 
        public or informing any interested party of the sale of 
        any securities;
          (IV) the trustee is given power of attorney, 
        notwithstanding the provisions of paragraph (3)(C)(v) 
        of this subsection, to prepare on behalf of any 
        interested party the personal income tax returns and 
        similar returns which may contain information relating 
        to the trust; and
          (V) except as otherwise provided in this paragraph, 
        the trust instrument provides (or in the case of a 
        trust established prior to the effective date of this 
        Act which by its terms does not permit amendment, the 
        trustee, the reporting individual, and any other 
        interested party agree in writing) that the trust shall 
        be administered in accordance with the requirements of 
        this subsection and the trustee of such trust meets the 
        requirements of paragraph (3)(A).
    (ii) In any instance covered by subparagraph (B) in which 
the reporting individual is an individual whose nomination is 
being considered by a congressional committee, the reporting 
individual shall inform the congressional committee considering 
his nomination before or during the period of such individual's 
confirmation hearing of his intention to comply with this 
paragraph.
    (5)(A) The reporting individual shall, within thirty days 
after a qualified blind trust is approved by his supervising 
ethics office, file with such office a copy of--
          (i) the executed trust instrument of such trust 
        (other than those provisions which relate to the 
        testamentary disposition of the trust assets), and
          (ii) a list of the assets which were transferred to 
        such trust, including the category of value of each 
        asset as determined under subsection (d) of this 
        section.
        This subparagraph shall not apply with respect to a 
        trust meeting the requirements for being considered a 
        qualified blind trust under paragraph (7) of this 
        subsection.
    (B) The reporting individual shall, within thirty days of 
transferring an asset (other than cash) to a previously 
established qualified blind trust, notify his supervising 
ethics office of the identity of each such asset and the 
category of value of each asset as determined under subsection 
(d) of this section.
    (C) Within thirty days of the dissolution of a qualified 
blind trust, a reporting individual shall--
          (i) notify his supervising ethics office of such 
        dissolution, and
          (ii) file with such office a copy of a list of the 
        assets of the trust at the time of such dissolution and 
        the category of value under subsection (d) of this 
        section of each such asset.
    (D) Documents filed under subparagraphs (A), (B), and (C) 
of this paragraph and the lists provided by the trustee of 
assets placed in the trust by an interested party which have 
been sold shall be made available to the public in the same 
manner as a report is made available under section 105 and the 
provisions of that section shall apply with respect to such 
documents and lists.
    (E) A copy of each written communication with respect to 
the trust under paragraph (3)(C)(vi) shall be filed by the 
person initiating the communication with the reporting 
individual's supervising ethics office within five days of the 
date of the communication.
    (6)(A) A trustee of a qualified blind trust shall not 
knowingly and willfully, or negligently, (i) disclose any 
information to an interested party with respect to such trust 
that may not be disclosed under paragraph (3) of this 
subsection; (ii) acquire any holding the ownership of which is 
prohibited by the trust instrument; (iii) solicit advice from 
any interested party with respect to such trust, which 
solicitation is prohibited by paragraph (3) of this subsection 
or the trust agreement; or (iv) fail to file any document 
required by this subsection.
    (B) A reporting individual shall not knowingly and 
willfully, or negligently, (i) solicit or receive any 
information with respect to a qualified blind trust of which he 
is an interested party that may not be disclosed under 
paragraph (3)(C) of this subsection or (ii) fail to file any 
document required by this subsection.
    (C)(i) The Attorney General may bring a civil action in any 
appropriate United States district court against any individual 
who knowingly and willfully violates the provisions of 
subparagraph (A) or (B) of this paragraph. The court in which 
such action is brought may assess against such individual a 
civil penalty in any amount not to exceed $10,000.
    (ii) The Attorney General may bring a civil action in any 
appropriate United States district court against any individual 
who negligently violates the provisions of subparagraph (A) or 
(B) of this paragraph. The court in which such action is 
brought may assess against such individual a civil penalty in 
any amount not to exceed $5,000.
    (7) Any trust may be considered to be a qualified blind 
trust if--
          (A) the trust instrument is amended to comply with 
        the requirements of paragraph (3) or, in the case of a 
        trust instrument which does not by its terms permit 
        amendment, the trustee, the reporting individual, and 
        any other interested party agree in writing that the 
        trust shall be administered in accordance with the 
        requirements of this subsection and the trustee of such 
        trust meets the requirements of paragraph (3)(A); 
        except that in the case of any interested party who is 
        a dependent child, a parent or guardian of such child 
        may execute the agreement referred to in this 
        subparagraph;
          (B) a copy of the trust instrument (except 
        testamentary provisions) and a copy of the agreement 
        referred to in subparagraph (A), and a list of the 
        assets held by the trust at the time of approval by the 
        supervising ethics office, including the category of 
        value of each asset as determined under subsection (d) 
        of this section, are filed with such office and made 
        available to the public as provided under paragraph 
        (5)(D) of this subsection; and
          (C) the supervising ethics office determines that 
        approval of the trust arrangement as a qualified blind 
        trust is in the particular case appropriate to assure 
        compliance with applicable laws and regulations.
    (8) A reporting individual shall not be required to report 
the financial interests held by a widely held investment fund 
(whether such fund is a mutual fund, regulated investment 
company, pension or deferred compensation plan, or other 
investment fund), if--
          (A)(i) the fund is publicly traded; or
          (ii) the assets of the fund are widely diversified; 
        and
          (B) the reporting individual neither exercises 
        control over nor has the ability to exercise control 
        over the financial interests held by the fund.
    (g) Political campaign funds, including campaign receipts 
and expenditures, need not be included in any report filed 
pursuant to this title.
    (h) A report filed pursuant to subsection (a), (d), or (e) 
of section 101 need not contain the information described in 
subparagraphs (A), (B), and (C) of subsection (a)(2) with 
respect to gifts and reimbursements received in a period when 
the reporting individual was not an officer or employee of the 
Federal Government.
    (i) A reporting individual shall not be required under this 
title to report--
          (1) financial interests in or income derived from--
                  (A) any retirement system under title 5, 
                United States Code (including the Thrift 
                Savings Plan under subchapter III of chapter 84 
                of such title); or
                  (B) any other retirement system maintained by 
                the United States for officers or employees of 
                the United States, including the President, or 
                for members of the uniformed services; or
          (2) benefits received under the Social Security Act.]

[Sec. 103. Filing of reports

    (a) Except as otherwise provided in this section, the 
reports required under this title shall be filed by the 
reporting individual with the designated agency ethics official 
at the agency by which he is employed (or in the case of an 
individual described in section 101(e), was employed) or in 
which he will serve. The date any report is received (and the 
date of receipt of any supplemental report) shall be noted on 
such report by such official.
    (b) The President, the Vice President, and independent 
counsel and persons appointed by independent counsel under 
chapter 40 of title 28, United States Code, shall file reports 
required under this title with the Director of the Office of 
Government Ethics.
    (c) Copies of the reports required to be filed under this 
title by the Postmaster General, the Deputy Postmaster General, 
the Governors of the Board of Governors of the United States 
Postal Service, designated agency ethics officials, employees 
described in section 105(a)(2)(A) or (B), 106(a)(1)(A) or (B), 
or 107(a)(1)(A) or (b)(1)(A)(i), of title 3, United States 
Code, candidates for the office of President or Vice President 
and officers and employees in (and nominees to) offices or 
positions which require confirmation by the Senate or by both 
Houses of Congress other than individuals nominated to be 
judicial officers and those referred to in subsection (f) shall 
be transmitted to the Director of the Office of Government 
Ethics. The Director shall forward a copy of the report of each 
nominee to the congressional committee considering the 
nomination.
    (d) Reports required to be filed under this title by the 
Director of the Office of Government Ethics shall be filed in 
the Office of Government Ethics and, immediately after being 
filed, shall be made available to the public in accordance with 
this title.
    (e) Each individual identified in section 101(c) who is a 
candidate for nomination or election to the Office of President 
or Vice President shall file the reports required by this title 
with the Federal Election Commission.
    (f) Reports required of members of the uniformed services 
shall be filed with the Secretary concerned.
    (g) Each supervising ethics office shall develop and make 
available forms for reporting the information required by this 
title.
    (h)(1) The reports required under this title shall be filed 
by a reporting individual with--
          (A)(i)(I) the Clerk of the House of Representatives, 
        in the case of a Representative in Congress, a Delegate 
        to Congress, the Resident Commissioner from Puerto 
        Rico, an officer or employee of the Congress whose 
        compensation is disbursed by the Chief Administrative 
        Officer of the House of Representatives, an officer or 
        employee of the Architect of the Capitol, United States 
        Capitol Police, the United States Botanic Garden, the 
        Congressional Budget Office, the Government Publishing 
        Office, the Library of Congress, or the Copyright 
        Royalty Tribunal (including any individual terminating 
        service, under section 101(e), in any office or 
        position referred to in this subclause), or an 
        individual described in section 101(c) who is a 
        candidate for nomination or election as a 
        Representative in Congress, a Delegate to Congress, or 
        the Resident Commissioner from Puerto Rico; and
          (II) the Secretary of the Senate, in the case of a 
        Senator, an officer or employee of the Congress whose 
        compensation is disbursed by the Secretary of the 
        Senate, an officer or employee of the Government 
        Accountability Office, the Office of Technology 
        Assessment, or the Office of the Attending Physician 
        (including any individual terminating service, under 
        section 101(e), in any office or position referred to 
        in this subclause), or an individual described in 
        section 101(c) who is a candidate for nomination or 
        election as a Senator; and
          (ii) in the case of an officer or employee of the 
        Congress as described under section 101(f)(10) who is 
        employed by an agency or commission established in the 
        legislative branch after the date of the enactment of 
        the Ethics Reform Act of 1989--
          (I) the Secretary of the Senate or the Clerk of the 
        House of Representatives, as the case may be, as 
        designated in the statute establishing such agency or 
        commission; or
          (II) if such statute does not designate such 
        committee, the Secretary of the Senate for agencies and 
        commissions established in even numbered calendar 
        years, and the Clerk of the House of Representatives 
        for agencies and commissions established in odd 
        numbered calendar years; and
    (B) the Judicial Conference with regard to a judicial 
officer or employee described under paragraphs (11) and (12) of 
section 101(f) (including individuals terminating service in 
such office or position under section 101(e) or immediately 
preceding service in such office or position).
    (2) The date any report is received (and the date of 
receipt of any supplemental report) shall be noted on such 
report by such committee.
    (i)(1) A copy of each report filed under this title by a 
Member or an individual who is a candidate for the office of 
Member shall be sent by the Clerk of the House of 
Representatives or Secretary of the Senate, as the case may be, 
to the appropriate State officer designated under section 
316(a)\1\ the Federal Election Campaign Act of 1971 of the 
State represented by the Member or in which the individual is a 
candidate, as the case may be, within the 30-day period 
beginning on the day the report is filed with the Clerk or 
Secretary.
    (2) The requirements of paragraph (1) do not apply to any 
report filed under this title which is filed electronically and 
for which there is online public access, in accordance with the 
systems developed by the Secretary and Sergeant at Arms of the 
Senate and the Clerk of the House of Representatives under 
section 8(b) of the STOCK Act.
    (j)(1) A copy of each report filed under this title with 
the Clerk of the House of Representatives shall be sent by the 
Clerk to the Committee on Standards of Official Conduct of the 
House of Representatives within the 7-day period beginning on 
the day the report is filed.
    (2) A copy of each report filed under this title with the 
Secretary of the Senate shall be sent by the Secretary to the 
Select Committee on Ethics of the Senate within the 7-day 
period beginning on the day the report is filed.
    (k) In carrying out their responsibilities under this title 
with respect to candidates for office, the Clerk of the House 
of Representatives and the Secretary of the Senate shall avail 
themselves of the assistance of the Federal Election 
Commission. The Commission shall make available to the Clerk 
and the Secretary on a regular basis a complete list of names 
and addresses of all candidates registered with the Commission, 
and shall cooperate and coordinate its candidate information 
and notification program with the Clerk and the Secretary to 
the greatest extent possible.
    (l) Not later than 30 days after receiving notification of 
any transaction required to be reported under section 
102(a)(5)(B), but in no case later than 45 days after such 
transaction, the following persons, if required to file a 
report under any subsection of section 101, subject to any 
waivers and exclusions, shall file a report of the transaction:
          (1) The President.
          (2) The Vice President.
          (3) Each officer or employee in the executive branch, 
        including a special Government employee as defined in 
        section 202 of title 18, United States Code, who 
        occupies a position classified above GS-15 of the 
        General Schedule or, in the case of positions not under 
        the General Schedule, for which the rate of basic pay 
        is equal to or greater than 120 percent of the minimum 
        rate of basic pay payable for GS-15 of the General 
        Schedule; each member of a uniformed service whose pay 
        grade is at or in excess of O-7 under section 201 of 
        title 37, United States Code; and each officer or 
        employee in any other position determined by the 
        Director of the Office of Government Ethics to be of 
        equal classification.
          (4) Each employee appointed pursuant to section 3105 
        of title 5, United States Code.
          (5) Any employee not described in paragraph (3) who 
        is in a position in the executive branch which is 
        excepted from the competitive service by reason of 
        being of a confidential or policymaking character, 
        except that the Director of the Office of Government 
        Ethics may, by regulation, exclude from the application 
        of this paragraph any individual, or group of 
        individuals, who are in such positions, but only in 
        cases in which the Director determines such exclusion 
        would not affect adversely the integrity of the 
        Government or the public's confidence in the integrity 
        of the Government.
          (6) The Postmaster General, the Deputy Postmaster 
        General, each Governor of the Board of Governors of the 
        United States Postal Service and each officer or 
        employee of the United States Postal Service or Postal 
        Regulatory Commission who occupies a position for which 
        the rate of basic pay is equal to or greater than 120 
        percent of the minimum rate of basic pay payable for 
        GS-15 of the General Schedule.
          (7) The Director of the Office of Government Ethics 
        and each designated agency ethics official.
          (8) Any civilian employee not described in paragraph 
        (3), employed in the Executive Office of the President 
        (other than a special government employee) who holds a 
        commission of appointment from the President.
          (9) A Member of Congress, as defined under section 
        109(12).
          (10) An officer or employee of the Congress, as 
        defined under section 109(13).]

[Sec. 104. Failure to file or filing false reports

    (a)(1) The Attorney General may bring a civil action in any 
appropriate United States district court against any individual 
who knowingly and willfully falsifies or who knowingly and 
willfully fails to file or report any information that such 
individual is required to report pursuant to section 102. The 
court in which such action is brought may assess against such 
individual a civil penalty in any amount, not to exceed 
$50,000.
    (2)(A) It shall be unlawful for any person to knowingly and 
willfully--
          (i) falsify any information that such person is 
        required to report under section 102; and
          (ii) fail to file or report any information that such 
        person is required to report under section 102.
    (B) Any person who--
          (i) violates subparagraph (A)(i) shall be fined under 
        title 18, United States Code, imprisoned for not more 
        than 1 year, or both; and
          (ii) violates subparagraph (A)(ii) shall be fined 
        under title 18, United States Code.
    (b) The head of each agency, each Secretary concerned, the 
Director of the Office of Government Ethics, each congressional 
ethics committee, or the Judicial Conference, as the case may 
be, shall refer to the Attorney General the name of any 
individual which such official or committee has reasonable 
cause to believe has willfully failed to file a report or has 
willfully falsified or willfully failed to file information 
required to be reported. Whenever the Judicial Conference 
refers a name to the Attorney General under this subsection, 
the Judicial Conference also shall notify the judicial council 
of the circuit in which the named individual serves of the 
referral.
    (c) The President, the Vice President, the Secretary 
concerned, the head of each agency, the Office of Personnel 
Management, a congressional ethics committee, and the Judicial 
Conference, may take any appropriate personnel or other action 
in accordance with applicable law or regulation against any 
individual failing to file a report or falsifying or failing to 
report information required to be reported.
    (d)(1) Any individual who files a report required to be 
filed under this title more than 30 days after the later of--
          (A) the date such report is required to be filed 
        pursuant to the provisions of this title and the rules 
        and regulations promulgated thereunder; or
          (B) if a filing extension is granted to such 
        individual under section 101(g), the last day of the 
        filing extension period,
shall, at the direction of and pursuant to regulations issued 
by the supervising ethics office, pay a filing fee of $200. All 
such fees shall be deposited in the miscellaneous receipts of 
the Treasury. The authority under this paragraph to direct the 
payment of a filing fee may be delegated by the supervising 
ethics office in the executive branch to other agencies in the 
executive branch.
    (2) The supervising ethics office may waive the filing fee 
under this subsection in extraordinary circumstances.]

[Sec. 105. Custody of and public access to reports

    (a) Each agency, each supervising ethics office in the 
executive or judicial branch, the Clerk of the House of 
Representatives, and the Secretary of the Senate shall make 
available to the public, in accordance with subsection (b), 
each report filed under this title with such agency or office 
or with the Clerk or the Secretary of the Senate, except that--
          (1) this section does not require public availability 
        of a report filed by any individual in the Office of 
        the Director of National Intelligence, the Central 
        Intelligence Agency, the Defense Intelligence Agency, 
        the National Geospatial-Intelligence Agency, or the 
        National Security Agency, or any individual engaged in 
        intelligence activities in any agency of the United 
        States, if the President finds or has found that, due 
        to the nature of the office or position occupied by 
        such individual, public disclosure of such report 
        would, be revealing the identity of the individual or 
        other sensitive information, compromise the national 
        interest of the United States; and such individuals may 
        be authorized, notwithstanding section 104(a), to file 
        such additional reports as are necessary to protect 
        their identity from public disclosure if the President 
        first finds or has found that such filing is necessary 
        in the national interest; and
          (2) any report filed by an independent counsel whose 
        identity has not been disclosed by the division of the 
        court under chapter 40 of title 28, United States Code, 
        and any report filed by any person appointed by that 
        independent counsel under such chapter, shall not be 
        made available to the public under this title.
    (b)(1) Except as provided in the second sentence of this 
subsection, each agency, each supervising ethics office in the 
executive or judicial branch, the Clerk of the House of 
Representatives, and the Secretary of the Senate shall, within 
thirty days after any report is received under this title by 
such agency or office or by the Clerk or the Secretary of the 
Senate, as the case may be,2 permit inspection of 
such report by or furnish a copy of such report to any person 
requesting such inspection or copy. With respect to any report 
required to be filed by May 15 of any year, such report shall 
be made available for public inspection within 30 calendar days 
after May 15 of such year or within 30 days of the date of 
filing of such a report for which an extension is granted 
pursuant to section 101(g). The agency, office, Clerk, or 
Secretary of the Senate, as the case may be3 may 
require a reasonable fee to be paid in any amount which is 
found necessary to recover the cost of reproduction or mailing 
of such report excluding any salary of any employee involved in 
such reproduction or mailing. A copy of such report may be 
furnished without charge or at a reduced charge if it is 
determined that waiver or reduction of the fee is in the public 
interest.
    (2) Notwithstanding paragraph (1), a report may not be made 
available under this section to any person nor may any copy 
thereof be provided under this section to any person except 
upon a written application by such person stating--
          (A) that person's name, occupation and address;
          (B) the name and address of any other person or 
        organization on whose behalf the inspection or copy is 
        requested; and
          (C) that such person is aware of the prohibitions on 
        the obtaining or use of the report.
    Any such application shall be made available to the public 
throughout the period during which the report is made available 
to the public.
    (3)(A) This section does not require the immediate and 
unconditional availability of reports filed by an individual 
described in section 109(8) or 109(10) of this Act if a finding 
is made by the Judicial Conference, in consultation with United 
States Marshals Service, that revealing personal and sensitive 
information could endanger that individual or a family member 
of that individual.
    (B) A report may be redacted pursuant to this paragraph 
only--
          (i) to the extent necessary to protect the individual 
        who filed the report or a family member of that 
        individual; and
          (ii) for as long as the danger to such individual 
        exists.
    (C) The Administrative Office of the United States Courts 
shall submit to the Committees on the Judiciary of the House of 
Representatives and of the Senate and the Senate Committee on 
Homeland Security and Governmental Affairs and the House 
Committee on Oversight and Government Reform an annual report 
with respect to the operation of this paragraph including--
          (i) the total number of reports redacted pursuant to 
        this paragraph;
          (ii) the total number of individuals whose reports 
        have been redacted pursuant to this paragraph;
          (iii) the types of threats against individuals whose 
        reports are redacted, if appropriate;
          (iv) the nature or type of information redacted;
          (v) what steps or procedures are in place to ensure 
        that sufficient information is available to litigants 
        to determine if there is a conflict of interest;
          (vi) principles used to guide implementation of 
        redaction authority; and
          (vii) any public complaints received relating to 
        redaction.
    (D) The Judicial Conference, in consultation with the 
Department of Justice, shall issue regulations setting forth 
the circumstances under which redaction is appropriate under 
this paragraph and the procedures for redaction.
    (E) This paragraph shall expire on December 31, 2027, and 
apply to filings through calendar year 2027.
    (c)(1) It shall be unlawful for any person to obtain or use 
a report--
          (A) for any unlawful purpose;
          (B) for any commercial purpose, other than by news 
        and communications media for dissemination to the 
        general public;
          (C) for determining or establishing the credit rating 
        of any individual; or
          (D) for use, directly or indirectly, in the 
        solicitation of money for any political, charitable, or 
        other purpose.
    (2) The Attorney General may bring a civil action against 
any person who obtains or uses a report for any purpose 
prohibited in paragraph (1) of this subsection. The court in 
which such action is brought may assess against such person a 
penalty in any amount not to exceed $10,000. Such remedy shall 
be in addition to any other remedy available under statutory or 
common law.
    (d)(1) Any report filed with or transmitted to an agency or 
supervising ethics office or to the Clerk of the House of 
Representatives or the Secretary of the Senate pursuant to this 
title shall be retained by such agency or office or by the 
Clerk of the House of Representatives or the Secretary of the 
Senate, as the case may be.
    (2) Such report shall be made available to the public--
          (A) in the case of a Member of Congress until a date 
        that is 6 years from the date the individual ceases to 
        be a Member of Congress; and
          (B) in the case of all other reports filed pursuant 
        to this title, for a period of 6 years after receipt of 
        the report.
    (3) After the relevant time period identified under 
paragraph (2), the report shall be destroyed unless needed in 
an ongoing investigation, except that in the case of an 
individual who filed the report pursuant to section 101(b) and 
was not subsequently confirmed by the Senate, or who filed the 
report pursuant to section 101(c) and was not subsequently 
elected, such reports shall be destroyed 1 year after the 
individual either is no longer under consideration by the 
Senate or is no longer a candidate for nomination or election 
to the Office of President, Vice President, or as a Member of 
Congress, unless needed in an ongoing investigation or 
inquiry.]

[Sec. 106. Review of reports

    (a)(1) Each designated agency ethics official or Secretary 
concerned shall make provisions to ensure that each report 
filed with him under this title is reviewed within sixty days 
after the date of such filing, except that the Director of the 
Office of Government Ethics shall review only those reports 
required to be transmitted to him under this title within sixty 
days after the date of transmittal.
    (2) Each congressional ethics committee and the Judicial 
Conference shall make provisions to ensure that each report 
filed under this title is reviewed within sixty days after the 
date of such filing.
    (b)(1) If after reviewing any report under subsection (a), 
the Director of the Office of Government Ethics, the Secretary 
concerned, the designated agency ethics official, a person 
designated by the congressional ethics committee, or a person 
designated by the Judicial Conference, as the case may be, is 
of the opinion that on the basis of information contained in 
such report the individual submitting such report is in 
compliance with applicable laws and regulations, he shall state 
such opinion on the report, and shall sign such report.
    (2) If the Director of the Office of Government Ethics, the 
Secretary concerned, the designated agency ethics official, a 
person designated by the congressional ethics committee, or a 
person designated by the Judicial Conference, after reviewing 
any report under subsection (a)--
          (A) believes additional information is required to be 
        submitted, he shall notify the individual submitting 
        such report what additional information is required and 
        the time by which it must be submitted, or
          (B) is of the opinion, on the basis of information 
        submitted, that the individual is not in compliance 
        with applicable laws and regulations, he shall notify 
        the individual, afford a reasonable opportunity for a 
        written or oral response, and after consideration of 
        such response, reach an opinion as to whether or not, 
        on the basis of information submitted, the individual 
        is in compliance with such laws and regulations.
    (3) If the Director of the Office of Government Ethics, the 
Secretary concerned, the designated agency ethics official, a 
person designated by a congressional ethics committee, or a 
person designated by the Judicial Conference, reaches an 
opinion under paragraph (2)(B) that an individual is not in 
compliance with applicable laws and regulations, the official 
or committee shall notify the individual of that opinion and, 
after an opportunity for personal consultation (if 
practicable), determine and notify the individual of which 
steps, if any, would in the opinion of such official or 
committee be appropriate for assuring compliance with such laws 
and regulations and the date by which such steps should be 
taken. Such steps may include, as appropriate--
          (A) divestiture,
          (B) restitution,
          (C) the establishment of a blind trust,
          (D) request for an exemption under section 208(b) of 
        title 18, United States Code, or
          (E) voluntary request for transfer, reassignment, 
        limitation of duties, or resignation.
    The use of any such steps shall be in accordance with such 
rules or regulations as the supervising ethics office may 
prescribe.
    (4) If steps for assuring compliance with applicable laws 
and regulations are not taken by the date set under paragraph 
(3) by an individual in a position in the executive branch 
(other than in the Foreign Service or the uniformed services), 
appointment to which requires the advice and consent of the 
Senate, the matter shall be referred to the President for 
appropriate action.
    (5) If steps for assuring compliance with applicable laws 
and regulations are not taken by the date set under paragraph 
(3) by a member of the Foreign Service or the uniformed 
services, the Secretary concerned shall take appropriate 
action.
    (6) If steps for assuring compliance with applicable laws 
and regulations are not taken by the date set under paragraph 
(3) by any other officer or employee, the matter shall be 
referred to the head of the appropriate agency, the 
congressional ethics committee, or the Judicial Conference, for 
appropriate action; except that in the case of the Postmaster 
General or Deputy Postmaster General, the Director of the 
Office of Government Ethics shall recommend to the Governors of 
the Board of Governors of the United States Postal Service the 
action to be taken.
    (7) Each supervising ethics office may render advisory 
opinions interpreting this title within its respective 
jurisdiction. Notwithstanding any other provision of law, the 
individual to whom a public advisory opinion is rendered in 
accordance with this paragraph, and any other individual 
covered by this title who is involved in a fact situation which 
is indistinguishable in all material aspects, and who acts in 
good faith in accordance with the provisions and findings of 
such advisory opinion shall not, as a result of such act, be 
subject to any penalty or sanction provided by this title.]

[Sec. 107. Confidential reports and other additional requirements

    (a)(1) Each supervising ethics office may require officers 
and employees under its jurisdiction (including special 
Government employees as defined in section 202 of title 18, 
United States Code) to file confidential financial disclosure 
reports, in such form as the supervising ethics office may 
prescribe. The information required to be reported under this 
subsection by the officers and employees of any department or 
agency shall be set forth in rules or regulations prescribed by 
the supervising ethics office, and may be less extensive than 
otherwise required by this title, or more extensive when 
determined by the supervising ethics office to be necessary and 
appropriate in light of sections 202 through 209 of title 18, 
United States Code, regulations promulgated thereunder, or the 
authorized activities of such officers or employees. Any 
individual required to file a report pursuant to section 101 
shall not be required to file a confidential report pursuant to 
this subsection, except with respect to information which is 
more extensive than information otherwise required by this 
title. Subsections (a), (b), and (d) of section 105 shall not 
apply with respect to any such report.
    (2) Any information required to be provided by an 
individual under this subsection shall be confidential and 
shall not be disclosed to the public.
    (3) Nothing in this subsection exempts any individual 
otherwise covered by the requirement to file a public financial 
disclosure report under this title from such requirement.
    (b) The provisions of this title requiring the reporting of 
information shall supersede any general requirement under any 
other provision of law or regulation with respect to the 
reporting of information required for purposes of preventing 
conflicts of interest or apparent conflicts of interest. Such 
provisions of this title shall not supersede the requirements 
of section 7342 of title 5, United States Code.
    (c) Nothing in this Act requiring reporting of information 
shall be deemed to authorize the receipt of income, gifts, or 
reimbursements; the holding of assets, liabilities, or 
positions; or the participation in transactions that are 
prohibited by law, Executive order, rule, or regulation.]

[Sec. 108. Authority of Comptroller General

    (a) The Comptroller General shall have access to financial 
disclosure reports filed under this title for the purposes of 
carrying out his statutory responsibilities.
    (b) No later than December 31, 1992, and regularly 
thereafter, the Comptroller General shall conduct a study to 
determine whether the provisions of this title are being 
carried out effectively.]

[Sec. 109. Definitions

    For the purposes of this title, the term--
          (1) ``congressional ethics committees'' means the 
        Select Committee on Ethics of the Senate and the 
        Committee on Standards of Official Conduct of the House 
        of Representatives;
          (2) ``dependent child'' means, when used with respect 
        to any reporting individual, any individual who is a 
        son, daughter, stepson, or stepdaughter and who--
                  (A) is unmarried and under age 21 and is 
                living in the household of such reporting 
                individual; or
                  (B) is a dependent of such reporting 
                individual within the meaning of section 152 of 
                the Internal Revenue Code of 1986 [26 U.S.C. 
                152];
          (3) ``designated agency ethics official'' means an 
        officer or employee who is designated to administer the 
        provisions of this title within an agency;
          (4) ``executive branch'' includes each Executive 
        agency (as defined in section 105 of title 5, United 
        States Code), other than the Government Accountability 
        Office, and any other entity or administrative unit in 
        the executive branch;
          (5) ``gift'' means a payment, advance, forbearance, 
        rendering, or deposit of money, or any thing of value, 
        unless consideration of equal or greater value is 
        received by the donor, but does not include--
                  (A) bequest and other forms of inheritance;
                  (B) suitable mementos of a function honoring 
                the reporting individual;
                  (C) food, lodging, transportation, and 
                entertainment provided by a foreign government 
                within a foreign country or by the United 
                States Government, the District of Columbia, or 
                a State or local government or political 
                subdivision thereof;
                  (D) food and beverages which are not consumed 
                in connection with a gift of overnight lodging;
                  (E) communications to the offices of a 
                reporting individual, including subscriptions 
                to newspapers and periodicals; or
                  (F) consumable products provided by home-
                State businesses to the offices of a reporting 
                individual who is an elected official, if those 
                products are intended for consumption by 
                persons other than such reporting individual;
          (6) ``honoraria'' has the meaning given such term in 
        section 505 of this Act;
          (7) ``income'' means all income from whatever source 
        derived, including but not limited to the following 
        items: compensation for services, including fees, 
        commissions, and similar items; gross income derived 
        from business (and net income if the individual elects 
        to include it); gains derived from dealings in 
        property; interest; rents; royalties; dividends; 
        annuities; income from life insurance and endowment 
        contracts; pensions; income from discharge of 
        indebtedness; distributive share of partnership income; 
        and income from an interest in an estate or trust;
          (8) ``judicial employee'' means any employee of the 
        judicial branch of the Government, of the United States 
        Sentencing Commission, of the Tax Court, of the Court 
        of Federal Claims, of the Court of Appeals for Veterans 
        Claims, or of the United States Court of Appeals for 
        the Armed Forces, who is not a judicial officer and who 
        is authorized to perform adjudicatory functions with 
        respect to proceedings in the judicial branch, or who 
        occupies a position for which the rate of basic pay is 
        equal to or greater than 120 percent of the minimum 
        rate of basic pay payable for GS-15 of the General 
        Schedule;
          (9) ``Judicial Conference'' means the Judicial 
        Conference of the United States;
          (10) ``judicial officer'' means the Chief Justice of 
        the United States, the Associate Justices of the 
        Supreme Court, and the judges of the United States 
        courts of appeals, United States district courts, 
        including the district courts in Guam, the Northern 
        Mariana Islands, and the Virgin Islands, Court of 
        Appeals for the Federal Circuit, Court of International 
        Trade, Tax Court, Court of Federal Claims, Court of 
        Appeals for Veterans Claims, United States Court of 
        Appeals for the Armed Forces, and any court created by 
        Act of Congress, the judges of which are entitled to 
        hold office during good behavior;
          (11) ``legislative branch'' includes--
                  (A) the Architect of the Capitol;
                  (B) the Botanic Gardens;
                  (C) the Congressional Budget Office;
                  (D) the Government Accountability Office;
                  (E) the Government Publishing Office;
                  (F) the Library of Congress;
                  (G) the United States Capitol Police;
                  (H) the Office of Technology Assessment; and
                  (I) any other agency, entity, office, or 
                commission established in the legislative 
                branch;
          (12) ``Member of Congress'' means a United States 
        Senator, a Representative in Congress, a Delegate to 
        Congress, or the Resident Commissioner from Puerto 
        Rico;
          (13) ``officer or employee of the Congress'' means--
                  (A) any individual described under 
                subparagraph (B), other than a Member of 
                Congress or the Vice President, whose 
                compensation is disbursed by the Secretary of 
                the Senate or the Chief Administrative Officer 
                of the House of Representatives;
                  (B)(i) each officer or employee of the 
                legislative branch (except any officer or 
                employee of the Government Accountability 
                Office) who, for at least 60 days, occupies a 
                position for which the rate of basic pay is 
                equal to or greater than 120 percent of the 
                minimum rate of basic pay payable for GS-15 of 
                the General Schedule;
                  (ii) each officer or employee of the 
                Government Accountability Office who, for at 
                least 60 consecutive days, occupies a position 
                for which the rate of basic pay, minus the 
                amount of locality pay that would have been 
                authorized under section 5304 of title 5, 
                United States Code (had the officer or employee 
                been paid under the General Schedule) for the 
                locality within which the position of such 
                officer or employee is located (as determined 
                by the Comptroller General), is equal to or 
                greater than 120 percent of the minimum rate of 
                basic pay payable for GS-15 of the General 
                Schedule; and (iii) at least one principal 
                assistant designated for purposes of this 
                paragraph by each Member who does not have an 
                employee who occupies a position for which the 
                rate of basic pay is equal to or greater than 
                120 percent of the minimum rate of basic pay 
                payable for GS-15 of the General Schedule;
          (14) ``personal hospitality of any individual'' means 
        hospitality extended for a nonbusiness purpose by an 
        individual, not a corporation or organization, at the 
        personal residence of that individual or his family or 
        on property or facilities owned by that individual or 
        his family;
          (15) ``reimbursement'' means any payment or other 
        thing of value received by the reporting individual, 
        other than gifts, to cover travel-related expenses of 
        such individual other than those which are--
                  (A) provided by the United States Government, 
                the District of Columbia, or a State or local 
                government or political subdivision thereof;
                  (B) required to be reported by the reporting 
                individual under section 7342 of title 5, 
                United States Code; or
                  (C) required to be reported under section 304 
                of the Federal Election Campaign Act of 1971 (2 
                U.S.C. 434) [now 52 U.S.C. 30104];
          (16) ``relative'' means an individual who is related 
        to the reporting individual, as father, mother, son, 
        daughter, brother, sister, uncle, aunt, great aunt, 
        great uncle, first cousin, nephew, niece, husband, 
        wife, grandfather, grandmother, grandson, 
        granddaughter, father-in-law, mother-in-law, son-in-
        law, daughter-in-law, brother-in-law, sister-in-law, 
        stepfather, stepmother, stepson, stepdaughter, 
        stepbrother, stepsister, half brother, half sister, or 
        who is the grandfather or grandmother of the spouse of 
        the reporting individual, and shall be deemed to 
        include the fiance or fiancee of the reporting 
        individual;
          (17) ``Secretary concerned'' has the meaning set 
        forth in section 101(a)(9) of title 10, United States 
        Code, and, in addition, means--
                  (A) the Secretary of Commerce, with respect 
                to matters concerning the National Oceanic and 
                Atmospheric Administration;
                  (B) the Secretary of Health and Human 
                Services, with respect to matters concerning 
                the Public Health Service; and
                  (C) the Secretary of State, with respect to 
                matters concerning the Foreign Service;
          (18) ``supervising ethics office'' means--
                  (A) the Select Committee on Ethics of the 
                Senate, for Senators, officers and employees of 
                the Senate, and other officers or employees of 
                the legislative branch required to file 
                financial disclosure reports with the Secretary 
                of the Senate pursuant to section 103(h) of 
                this title;
                  (B) the Committee on Standards of Official 
                Conduct of the House of Representatives, for 
                Members, officers and employees of the House of 
                Representatives and other officers or employees 
                of the legislative branch required to file 
                financial disclosure reports with the Clerk of 
                the House of Representatives pursuant to 
                section 103(h) of this title;
                  (C) the Judicial Conference for judicial 
                officers and judicial employees; and
                  (D) the Office of Government Ethics for all 
                executive branch officers and employees; and
          (19) ``value'' means a good faith estimate of the 
        dollar value if the exact value is neither known nor 
        easily obtainable by the reporting individual.]

[Sec. 110. Notice of actions taken to comply with ethics agreements

    (a) In any case in which an individual agrees with that 
individual's designated agency ethics official, the Office of 
Government Ethics, a Senate confirmation committee, a 
congressional ethics committee, or the Judicial Conference, to 
take any action to comply with this Act or any other law or 
regulation governing conflicts of interest of, or establishing 
standards of conduct applicable with respect to, officers or 
employees of the Government, that individual shall notify in 
writing the designated agency ethics official, the Office of 
Government Ethics, the appropriate committee of the Senate, the 
congressional ethics committee, or the Judicial Conference, as 
the case may be, of any action taken by the individual pursuant 
to that agreement. Such notification shall be made not later 
than the date specified in the agreement by which action by the 
individual must be taken, or not later than three months after 
the date of the agreement, if no date for action is so 
specified.
    (b) If an agreement described in subsection (a) requires 
that the individual recuse himself or herself from particular 
categories of agency or other official action, the individual 
shall reduce to writing those subjects regarding which the 
recusal agreement will apply and the process by which it will 
be determined whether the individual must recuse himself or 
herself in a specific instance. An individual shall be 
considered to have complied with the requirements of subsection 
(a) with respect to such recusal agreement if such individual 
files a copy of the document setting forth the information 
described in the preceding sentence with such individual's 
designated agency ethics official or the appropriate 
supervising ethics office within the time prescribed in the 
last sentence of subsection (a).]

[Sec. 111. Administration of provisions

    The provisions of this title shall be administered by--
          (1) the Director of the Office of Government Ethics, 
        the designated agency ethics official, or the Secretary 
        concerned, as appropriate, with regard to officers and 
        employees described in paragraphs (1) through (8) of 
        section 101(f);
          (2) the Select Committee on Ethics of the Senate and 
        the Committee on Standards of Official Conduct of the 
        House of Representatives, as appropriate, with regard 
        to officers and employees described in paragraphs (9) 
        and (10) of section 101(f); and
          (3) the Judicial Conference in the case of an officer 
        or employee described in paragraphs (11) and (12) of 
        section 101(f).
    The Judicial Conference may delegate any authority it has 
under this title to an ethics committee established by the 
Judicial Conference.]

           *       *       *       *       *       *       *


                 TITLE IV--OFFICE OF GOVERNMENT ETHICS

[Sec. 401. Establishment; appointment of Director

    (a) There is established an executive agency to be known as 
the Office of Government Ethics.
    (b) There shall be at the head of the Office of Government 
Ethics a Director (hereinafter referred to as the 
``Director''), who shall be appointed by the President, by and 
with the advice and consent of the Senate. Effective with 
respect to any individual appointed or reappointed by the 
President as Director on or after October 1, 1983, the term of 
service of the Director shall be five years.
    (c) The Director may--
          (1) appoint officers and employees, including 
        attorneys, in accordance with chapter 51 and subchapter 
        III of chapter 53 of title 5, United States Code; and
          (2) contract for financial and administrative 
        services (including those related to budget and 
        accounting, financial reporting, personnel, and 
        procurement) with the General Services Administration, 
        or such other Federal agency as the Director determines 
        appropriate, for which payment shall be made in 
        advance, or by reimbursement, from funds of the Office 
        of Government Ethics in such amounts as may be agreed 
        upon by the Director and the head of the agency 
        providing such services.
    Contract authority under paragraph (2) shall be effective 
for any fiscal year only to the extent that appropriations are 
available for that purpose.]

[Sec. 402. Authority and functions

    (a) The Director shall provide, in consultation with the 
Office of Personnel Management, overall direction of executive 
branch policies related to preventing conflicts of interest on 
the part of officers and employees of any executive agency, as 
defined in section 105 of title 5, United States Code.
    (b) The responsibilities of the Director shall include--
          (1) developing, in consultation with the Attorney 
        General and the Office of Personnel Management, rules 
        and regulations to be promulgated by the President or 
        the Director pertaining to conflicts of interest and 
        ethics in the executive branch, including rules and 
        regulations establishing procedures for the filing, 
        review, and public availability of financial statements 
        filed by officers and employees in the executive branch 
        as required by title II of this Act;
          (2) developing, in consultation with the Attorney 
        General and the Office of Personnel Management, rules 
        and regulations to be promulgated by the President or 
        the Director pertaining to the identification and 
        resolution of conflicts of interest;
          (3) monitoring and investigating compliance with the 
        public financial disclosure requirements of title II of 
        this Act by officers and employees of the executive 
        branch and executive agency officials responsible for 
        receiving, reviewing, and making available financial 
        statements filed pursuant to such title;
          (4) conducting a review of financial statements to 
        determine whether such statements reveal possible 
        violations of applicable conflict of interest laws or 
        regulations and recommending appropriate action to 
        correct any conflict of interest or ethical problems 
        revealed by such review;
          (5) monitoring and investigating individual and 
        agency compliance with any additional financial 
        reporting and internal review requirements established 
        by law for the executive branch;
          (6) interpreting rules and regulations issued by the 
        President or the Director governing conflict of 
        interest and ethical problems and the filing of 
        financial statements;
          (7) consulting, when requested, with agency ethics 
        counselors and other responsible officials regarding 
        the resolution of conflict of interest problems in 
        individual cases;
          (8) establishing a formal advisory opinion service 
        whereby advisory opinions are rendered on matters of 
        general applicability or on important matters of first 
        impression after, to the extent practicable, providing 
        interested parties with an opportunity to transmit 
        written comments with respect to the request for such 
        advisory opinion, and whereby such advisory opinions 
        are compiled, published, and made available to agency 
        ethics counselors and the public;
          (9) ordering corrective action on the part of 
        agencies and employees which the Director deems 
        necessary;
          (10) requiring such reports from executive agencies 
        as the Director deems necessary;
          (11) assisting the Attorney General in evaluating the 
        effectiveness of the conflict of interest laws and in 
        recommending appropriate amendments;
          (12) evaluating, with the assistance of the Attorney 
        General and the Office of Personnel Management, the 
        need for changes in rules and regulations issued by the 
        Director and the agencies regarding conflict of 
        interest and ethical problems, with a view toward 
        making such rules and regulations consistent with and 
        an effective supplement to the conflict of interest 
        laws;
          (13) cooperating with the Attorney General in 
        developing an effective system for reporting 
        allegations of violations of the conflict of interest 
        laws to the Attorney General, as required by section 
        535 of title 28, United States Code;
          (14) providing information on and promoting 
        understanding of ethical standards in executive 
        agencies; and
          (15) developing, in consultation with the Office of 
        Personnel Management, and promulgating such rules and 
        regulations as the Director determines necessary or 
        desirable with respect to the evaluation of any item 
        required to be reported by title II of this Act.
    (c) In the development of policies, rules, regulations, 
procedures, and forms to be recommended, authorized, or 
prescribed by him, the Director shall consult when appropriate 
with the executive agencies affected and with the Attorney 
General.
    (d)(1) The Director shall, by the exercise of any authority 
otherwise available to the Director under this title, ensure 
that each executive agency has established written procedures 
relating to how the agency is to collect, review, evaluate, 
and, if applicable, make publicly available, financial 
disclosure statements filed by any of its officers or 
employees.
    (2) In carrying out paragraph (1), the Director shall 
ensure that each agency's procedures are in conformance with 
all applicable requirements, whether established by law, rule, 
regulation, or Executive order.
    (e) In carrying out subsection (b)(10), the Director shall 
prescribe regulations under which--
          (1) each executive agency shall be required to submit 
        to the Office an annual report containing--
                  (A) a description and evaluation of the 
                agency's ethics program, including any 
                educational, counseling, or other services 
                provided to officers and employees, in effect 
                during the period covered by the report; and
                  (B) the position title and duties of--
                          (i) each official who was designated 
                        by the agency head to have primary 
                        responsibility for the administration, 
                        coordination, and management of the 
                        agency's ethics program during any 
                        portion of the period covered by the 
                        report; and
                          (ii) each officer or employee who was 
                        designated to serve as an alternate to 
                        the official having primary 
                        responsibility during any portion of 
                        such period; and
                  (C) any other information that the Director 
                may require in order to carry out the 
                responsibilities of the Director under this 
                title; and (2) each executive agency shall be 
                required to inform the Director upon referral 
                of any alleged violation of Federal conflict of 
                interest law to the Attorney General pursuant 
                to section 535 of title 28, United States Code, 
                except that nothing under this paragraph shall 
                require any notification or disclosure which 
                would otherwise be prohibited by law.
    (f)(1) In carrying out subsection (b)(9) with respect to 
executive agencies, the Director--
          (A) may--
                  (i) order specific corrective action on the 
                part of an agency based on the failure of such 
                agency to establish a system for the 
                collection, filing, review, and, when 
                applicable, public inspection of financial 
                disclosure statements, in accordance with 
                applicable requirements, or to modify an 
                existing system in order to meet applicable 
                requirements; or
                  (ii) order specific corrective action 
                involving the establishment or modification of 
                an agency ethics program (other than with 
                respect to any matter under clause (i)) in 
                accordance with applicable requirements; and
          (B) shall, if an agency has not complied with an 
        order under subparagraph (A) within a reasonable period 
        of time, notify the President and the Congress of the 
        agency's noncompliance in writing (including, with the 
        notification, any written comments which the agency may 
        provide).
    (2)(A) In carrying out subsection (b)(9) with respect to 
individual officers and employees--
          (i) the Director may make such recommendations and 
        provide such advice to such officers and employees as 
        the Director considers necessary to ensure compliance 
        with rules, regulations, and Executive orders relating 
        to conflicts of interest or standards of conduct;
                          (ii) if the Director has reason to 
                        believe that an officer or employee is 
                        violating, or has violated, any rule, 
                        regulation, or Executive order relating 
                        to conflicts of interest or standards 
                        of conduct, the Director--
                                  (I) may recommend to the head 
                                of the officer's or employee's 
                                agency that such agency head 
                                investigate the possible 
                                violation and, if the agency 
                                head finds such a violation, 
                                that such agency head take any 
                                appropriate disciplinary action 
                                (such as reprimand, suspension, 
                                demotion, or dismissal) against 
                                the officer or employee, except 
                                that, if the officer or 
                                employee involved is the agency 
                                head, any such recommendation 
                                shall instead be submitted to 
                                the President; and
                                  (II) shall notify the 
                                President in writing if the 
                                Director determines that the 
                                head of an agency has not 
                                conducted an investigation 
                                pursuant to subclause (I) 
                                within a reasonable time after 
                                the Director recommends such 
                                action;
                          (iii) if the Director finds that an 
                        officer or employee is violating any 
                        rule, regulation, or Executive order 
                        relating to conflicts of interest or 
                        standards of conduct, the Director--
                                  (I) may order the officer or 
                                employee to take specific 
                                action (such as divestiture, 
                                recusal, or the establishment 
                                of a blind trust) to end such 
                                violation; and
                                  (II) shall, if the officer or 
                                employee has not complied with 
                                the order under subclause (I) 
                                within a reasonable period of 
                                time, notify, in writing, the 
                                head of the officer's or 
                                employee's agency of the 
                                officer's or employee's 
                                noncompliance, except that, if 
                                the officer or employee 
                                involved is the agency head, 
                                the notification shall instead 
                                be submitted to the President; 
                                and
                          (iv) if the Director finds that an 
                        officer or employee is violating, or 
                        has violated, any rule, regulation, or 
                        Executive order relating to conflicts 
                        of interest or standards of conduct, 
                        the Director--
                                  (I) may recommend to the head 
                                of the officer's or employee's 
                                agency that appropriate 
                                disciplinary action (such as 
                                reprimand, suspension, 
                                demotion, or dismissal) be 
                                brought against the officer or 
                                employee, except that if the 
                                officer or employee involved is 
                                the agency head, any such 
                                recommendations shall instead 
                                be submitted to the President; 
                                and
                                  (II) may notify the President 
                                in writing if the Director 
                                determines that the head of an 
                                agency has not taken 
                                appropriate disciplinary action 
                                within a reasonable period of 
                                time after the Director 
                                recommends such action.
                  (B)(i) In order to carry out the Director's 
                duties and responsibilities under subparagraph 
                (A)(iii) or (iv) with respect to individual 
                officers and employees, the Director may 
                conduct investigations and make findings 
                concerning possible violations of any rule, 
                regulation, or Executive order relating to 
                conflicts of interest or standards of conduct 
                applicable to officers and employees of the 
                executive branch.
                  (ii)(I) Subject to clause (iv) of this 
                subparagraph, before any finding is made under 
                subparagraphs (A)(iii) or (iv), the officer or 
                employee involved shall be afforded 
                notification of the alleged violation, and an 
                opportunity to comment, either orally or in 
                writing, on the alleged violation.
                  (II) The Director shall, in accordance with 
                section 553 of title 5, United States Code, 
                establish procedures for such notification and 
                comment.
                  (iii) Subject to clause (iv) of this 
                subparagraph, before any action is ordered 
                under subparagraph (A)(iii), the officer or 
                employee involved shall be afforded an 
                opportunity for a hearing, if requested by such 
                officer or employee, except that any such 
                hearing shall be conducted on the record.
                  (iv) The procedures described in clauses (ii) 
                and (iii) of this subparagraph do not apply to 
                findings or orders for action made to obtain 
                compliance with the financial disclosure 
                requirements in title 2\1\ of this Act. For 
                those findings and orders, the procedures in 
                section 206 of this Act shall apply.
          (3) The Director shall send a copy of any order under 
        paragraph (2)(A)(iii) to--
                  (A) the officer or employee who is the 
                subject of such order; and
                  (B) the head of officer's or employee's 
                agency or, if such officer or employee is the 
                agency head, to the President.
          (4) For purposes of paragraphs (2)(A)(ii), (iii), 
        (iv), and (3)(B), in the case of an officer or employee 
        within an agency which is headed by a board, committee, 
        or other group of individuals (rather than by a single 
        individual), any notification, recommendation, or other 
        matter which would otherwise be sent to an agency head 
        shall instead be sent to the officer's or employee's 
        appointing authority.
          (5) Nothing in this title shall be considered to 
        allow the Director (or any designee) to make any 
        finding that a provision of title 18, United States 
        Code, or any criminal law of the United States outside 
        of such title, has been or is being violated.
          (6) Notwithstanding any other provision of law, no 
        record developed pursuant to the authority of this 
        section concerning an investigation of an individual 
        for a violation of any rule, regulation, or Executive 
        order relating to a conflict of interest shall be made 
        available pursuant to section 552(a)(3) of title 5, 
        United States Code, unless the request for such 
        information identifies the individual to whom such 
        records relate and the subject matter of any alleged 
        violation to which such records relate, except that 
        nothing in this subsection shall affect the application 
        of the provisions of section 552(b) of title 5, United 
        States Code, to any record so identified.]

[Sec. 403. Administrative provisions

    (a) Upon the request of the Director, each executive agency 
is directed to--
          (1) make its services, personnel, and facilities 
        available to the Director to the greatest practicable 
        extent for the performance of functions under this Act; 
        and
          (2) except when prohibited by law, furnish to the 
        Director all information and records in its possession 
        which the Director may determine to be necessary for 
        the performance of his duties.
    The authority of the Director under this section includes 
the authority to request assistance from the inspector general 
of an agency in conducting investigations pursuant to the 
Office of Government Ethics responsibilities under this Act. 
The head of any agency may detail such personnel and furnish 
such services, with or without reimbursement, as the Director 
may request to carry out the provisions of this Act\1\
    (b)(1) The Director is authorized to accept and utilize on 
behalf of the United States, any gift, donation, bequest, or 
devise of money, use of facilities, personal property, or 
services for the purpose of aiding or facilitating the work of 
the Office of Government Ethics.
    (2) No gift may be accepted--
          (A) that attaches conditions inconsistent with 
        applicable laws or regulations; or
          (B) that is conditioned upon or will require the 
        expenditure of appropriated funds that are not 
        available to the Office of Government Ethics.
    (3) The Director shall establish written rules setting 
forth the criteria to be used in determining whether the 
acceptance of contributions of money, services, use of 
facilities, or personal property under this subsection would 
reflect unfavorably upon the ability of the Office of 
Government Ethics, or any employee of such Office, to carry out 
its responsibilities or official duties in a fair and objective 
manner, or would compromise the integrity or the appearance of 
the integrity of its programs or any official involved in those 
programs.]

[Sec. 404. Rules and regulations

    In promulgating rules and regulations pertaining to 
financial disclosure, conflict of interest, and ethics in the 
executive branch, the Director shall issue rules and 
regulations in accordance with chapter 5 of title 5, United 
States Code. Any person may seek judicial review of any such 
rule or regulation.]

[Sec. 405. Authorization of appropriations

    There are authorized to be appropriated to carry out this 
title such sums as may be necessary for fiscal year 2007]

           *       *       *       *       *       *       *


[Sec. 408. Reports to Congress

    The Director shall, no later than April 30 of each year in 
which the second session of a Congress begins, submit to the 
Congress a report containing--
          (1) a summary of the actions taken by the Director 
        during a 2-year period ending on December 31 of the 
        preceding year in order to carry out the Director's 
        functions and responsibilities under this title; and
          (2) such other information as the Director may 
        consider appropriate.]

   TITLE V--GOVERNMENT-WIDE LIMITATIONS ON OUTSIDE EARNED INCOME AND 
                               EMPLOYMENT

[Sec. 501. Outside earned income limitation

    (a) Outside Earned Income Limitation.--
          (1) Except as provided by paragraph (2), a Member or 
        an officer or employee who is a noncareer officer or 
        employee and who occupies a position classified above 
        GS-15 of the General Schedule or, in the case of 
        positions not under the General Schedule, for which the 
        rate of basic pay is equal to or greater than 120 
        percent of the minimum rate of basic pay payable for 
        GS-15 of the General Schedule, may not in any calendar 
        year have outside earned income attributable to such 
        calendar year which exceeds 15 percent of the annual 
        rate of basic pay for level II of the Executive 
        Schedule under section 5313 of title 5, United States 
        Code, as of January 1 of such calendar year.
          (2) In the case of any individual who during a 
        calendar year becomes a Member or an officer or 
        employee who is a noncareer officer or employee and who 
        occupies a position classified above GS-15 of the 
        General Schedule or, in the case of positions not under 
        the General Schedule, for which the rate of basic pay 
        is equal to or greater than 120 percent of the minimum 
        rate of basic pay payable for GS-15 of the General 
        Schedule, such individual may not have outside earned 
        income attributable to the portion of that calendar 
        year which occurs after such individual becomes a 
        Member or such an officer or employee which exceeds 15 
        percent of the annual rate of basic pay for level II of 
        the Executive Schedule under section 5313 of title 5, 
        United States Code, as of January 1 of such calendar 
        year multiplied by a fraction the numerator of which is 
        the number of days such individual is a Member or such 
        officer or employee during such calendar year and the 
        denominator of which is 365.
    (b) Honoraria Prohibition.--An individual may not receive 
any honorarium while that individual is a Member, officer or 
employee.
    (c) Treatment of Charitable Contributions.--Any honorarium 
which, except for subsection (b), might be paid to a Member, 
officer or employee, but which is paid instead on behalf of 
such Member, officer or employee to a charitable organization, 
shall be deemed not to be received by such Member, officer or 
employee. No such payment shall exceed $2,000 or be made to a 
charitable organization from which such individual or a parent, 
sibling, spouse, child, or dependent relative of such 
individual derives any financial benefit.]

[Sec. 502. Limitations on outside employment

    (a) Limitations.--A Member or an officer or employee who is 
a noncareer officer or employee and who occupies a position 
classified above GS-15 of the General Schedule or, in the case 
of positions not under the General Schedule, for which the rate 
of basic pay is equal to or greater than 120 percent of the 
minimum rate of basic pay payable for GS-15 of the General 
Schedule shall not--
          (1) receive compensation for affiliating with or 
        being employed by a firm, partnership, association, 
        corporation, or other entity which provides 
        professional services involving a fiduciary 
        relationship;
          (2) permit that Member's, officer's, or employee's 
        name to be used by any such firm, partnership, 
        association, corporation, or other entity;
          (3) receive compensation for practicing a profession 
        which involves a fiduciary relationship;
          (4) serve for compensation as an officer or member of 
        the board of any association, corporation, or other 
        entity; or
          (5) receive compensation for teaching, without the 
        prior notification and approval of the appropriate 
        entity referred to in section 503.
    (b) Teaching Compensation of Justices and Judges Retired 
From Regular Active Service.--For purposes of the limitation 
under section 501(a), any compensation for teaching approved 
under subsection (a)(5) of this section shall not be treated as 
outside earned income--
          (1) when received by a justice of the United States 
        retired from regular active service under section 
        371(b) of title 28, United States Code;
          (2) when received by a judge of the United States 
        retired from regular active service under section 
        371(b) of title 28, United States Code, for teaching 
        performed during any calendar year for which such judge 
        has met the requirements of subsection (f) of section 
        371 of title 28, United States Code, as certified in 
        accordance with such subsection; or
          (3) when received by a justice or judge of the United 
        States retired from regular active service under 
        section 372(a) of title 28, United States Code.]

[Sec. 503. Administration

    This title shall be subject to the rules and regulations 
of--
          (1) and administered by--
                  (A) the Committee on Standards of Official 
                Conduct of the House of Representatives, with 
                respect to Members, officers, and employees of 
                the House of Representatives; and
                  (B) in the case of Senators and legislative 
                branch officers and employees other than those 
                officers and employees specified in 
                subparagraph (A), the committee to which 
                reports filed by such officers and employees 
                under title I are transmitted under such title, 
                except that the authority of this section may 
                be delegated by such committee with respect to 
                such officers and employees;
          (2) the Office of Government Ethics and administered 
        by designated agency ethics officials with respect to 
        officers and employees of the executive branch; and
          (3) and administered by the Judicial Conference of 
        the United States (or such other agency as it may 
        designate) with respect to officers and employees of 
        the judicial branch.]

[Sec. 504. Civil Penalties

    (a) Civil Action.--The Attorney General may bring a civil 
action in any appropriate United States district court against 
any individual who violates any provision of section 501 or 
502. The court in which such action is brought may assess 
against such individual a civil penalty of not more than 
$10,000 or the amount of compensation, if any, which the 
individual received for the prohibited conduct, whichever is 
greater.
    (b) Advisory Opinions.--Any entity described in section 503 
may render advisory opinions interpreting this title, in 
writing, to individuals covered by this title. Any individual 
to whom such an advisory opinion is rendered and any other 
individual covered by this title who is involved in a fact 
situation which is indistinguishable in all material aspects, 
and who, after the issuance of such advisory opinion, acts in 
good faith in accordance with its provisions and findings shall 
not, as a result of such actions, be subject to any sanction 
under subsection (a).]

[Sec. 505. Definitions

    For purposes of this title:
          (1) The term ``Member'' means a Senator in, a 
        Representative in, or a Delegate or Resident 
        Commissioner to, the Congress.
          (2) The term ``officer or employee'' means any 
        officer or employee of the Government except any 
        special Government employee (as defined in section 202 
        of title 18, United States Code).
          (3) The term ``honorarium'' means a payment of money 
        or any thing of value for an appearance, speech or 
        article (including a series of appearances, speeches, 
        or articles if the subject matter is directly related 
        to the individual's official duties or the payment is 
        made because of the individual's status with the 
        Government) by a Member, officer or employee, excluding 
        any actual and necessary travel expenses incurred by 
        such individual (and one relative) to the extent that 
        such expenses are paid or reimbursed by any other 
        person, and the amount otherwise determined shall be 
        reduced by the amount of any such expenses to the 
        extent that such expenses are not paid or reimbursed.
          (4) The term ``travel expenses'' means, with respect 
        to a Member, officer or employee, or a relative of any 
        such individual, the cost of transportation, and the 
        cost of lodging and meals while away from his or her 
        residence or principal place of employment.
          (5) The term ``charitable organization'' means an 
        organization described in section 170(c) of the 
        Internal Revenue Code of 1986.]

INSPECTOR GENERAL REFORM ACT OF 2008

           *       *       *       *       *       *       *


SEC. 4. PAY OF INSPECTORS GENERAL

    (a) Inspectors General at Level III of Executive 
Schedule.--

           *       *       *       *       *       *       *

          [(3) Applicability to other inspectors general.--
                  (A) In general.--Notwithstanding any other 
                provision of law, the annual rate of basic pay 
                of the Inspector General of the Intelligence 
                Community, the Inspector General of the Central 
                Intelligence Agency, the Special Inspector 
                General for Iraq Reconstruction, and the 
                Special Inspector General for Afghanistan 
                Reconstruction shall be that of an Inspector 
                General as defined under section 12(3) of the 
                Inspector General Act of 1978 (5 U.S.C. App.) 
                (as amended by section 7(a) of this Act).
          (B) Prohibition of cash bonus or awards.--Section 
        3(f) of the Inspector General Act of 1978 (5 U.S.C. 
        App.) (as amended by section 5 of this Act) shall apply 
        to the Inspectors General described under subparagraph 
        (A).]

           *       *       *       *       *       *       *

    [(b) Inspectors General of Designated Federal Entities.--
          (1) In general.--Notwithstanding any other provision 
        of law, the Inspector General of each designated 
        Federal entity (as those terms are defined under 
        section 8G of the Inspector General Act of 1978 (5 
        U.S.C. App.)) shall, for pay and all other purposes, be 
        classified at a grade, level, or rank designation, as 
        the case may be, at or above those of a majority of the 
        senior level executives of that designated Federal 
        entity (such as a General Counsel, Chief Information 
        Officer, Chief Financial Officer, Chief Human Capital 
        Officer, or Chief Acquisition Officer). The pay of an 
        Inspector General of a designated Federal entity (as 
        those terms are defined under section 8G of the 
        Inspector General Act of 1978 (5 U.S.C. App.)) shall be 
        not less than the average total compensation (including 
        bonuses) of the senior level executives of that 
        designated Federal entity calculated on an annual 
        basis.
          (2) Limitation on adjustment.--
                  (A) In general.--In the case of an Inspector 
                General of a designated Federal entity whose 
                pay is adjusted under paragraph (1), the total 
                increase in pay in any fiscal year resulting 
                from that adjustment may not exceed 25 percent 
                of the average total compensation (including 
                bonuses) of the Inspector General of that 
                entity for the preceding 3 fiscal years.
                  (B) Sunset of limitation.--The limitation 
                under subparagraph (A) shall not apply to any 
                adjustment made in fiscal year 2013 or each 
                fiscal year thereafter.]
    [(c) Savings Provision for Newly Appointed Inspectors 
General.--
          (1) In general.--The provisions of section 3392 of 
        title 5, United States Code, other than the terms 
        `performance awards' and `awarding of ranks' in 
        subsection (c)(1) of such section, shall apply to 
        career appointees of the Senior Executive Service who 
        are appointed to the position of Inspector General.
          (2) Nonreduction in pay.--Notwithstanding any other 
        provision of law, career Federal employees serving on 
        an appointment made pursuant to statutory authority 
        found other than in section 3392 of title 5, United 
        States Code, shall not suffer a reduction in pay, not 
        including any bonus or performance award, as a result 
        of being appointed to the position of Inspector 
        General.]