[117th Congress Public Law 286]
[From the U.S. Government Publishing Office]
[[Page 4195]]
[[Page 136 STAT. 4196]]
Public Law 117-286
117th Congress
An Act
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. <<NOTE: Dec. 27, 2022 - [H.R. 5961]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
Sec. 2. Purposes; restatement does not change meaning or effect of
existing law.
Sec. 3. Revision of title 5, United States Code.
Sec. 4. Technical amendments.
Sec. 5. Transitional and savings provisions.
Sec. 6. Effect of references to title 5 on application of ethics
provisions.
Sec. 7. Repeals.
SEC. 2. <<NOTE: 5 USC note prec. 101.>> PURPOSES; RESTATEMENT DOES NOT
CHANGE MEANING OR EFFECT OF EXISTING LAW.
(a) Purposes.--The purposes of this Act are--
(1) to make revisions in title 5, United States Code, as
necessary to keep the title current; and
(2) to make technical amendments to improve the United
States Code.
(b) Restatement Does Not Change Meaning or Effect of Existing Law.--
(1) In general.--The restatement of existing law enacted by
this Act does not change the meaning or effect of the existing
law. The restatement incorporates in title 5, United States
Code, various provisions that were enacted separately over a
period of years, reorganizing them, conforming style and
terminology, modernizing obsolete language, and correcting
drafting errors. These changes serve to remove ambiguities,
contradictions, and other imperfections, but they do not change
the meaning or effect of the existing law or impair the
precedential value of earlier judicial decisions or other
interpretations.
(2) Rule of construction.--
(A) In general.--Notwithstanding the plain meaning
rule or other rules of statutory construction, a change
in wording made in the restatement of existing law
enacted by this Act serves to clarify the existing law
as indicated in paragraph (1), but not to change the
meaning or effect of the existing law.
(B) <<NOTE: Applicability.>> Revision notes.--
Subparagraph (A) applies whether or not a change in
wording is explained by a revision note appearing in a
congressional report accompanying this
Act. <<NOTE: Courts.>> If such a revision note does
appear,
[[Page 131 STAT. 4197]]
a court shall consider the revision note in interpreting
the change.
SEC. 3. REVISION OF TITLE 5, UNITED STATES CODE.
(a) Enactment of Chapter 10.--Part I of title 5, United States Code,
is amended by inserting after chapter 9 the following:
``Chapter 10-- <<NOTE: 5 USC prec. 1001.>> 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. <<NOTE: 5 USC 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.
[[Page 131 STAT. 4198]]
``Sec. 1002. <<NOTE: 5 USC 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. <<NOTE: 5 USC 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) <<NOTE: Determination.>> 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. <<NOTE: 5 USC 1004.>> Responsibilities of congressional
committees
``(a) <<NOTE: Determination.>> 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
[[Page 131 STAT. 4199]]
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) <<NOTE: Determination. Reports.>> 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) <<NOTE: President.>> 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. <<NOTE: 5 USC 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. <<NOTE: 5 USC 1006.>> Responsibilities of the
Administrator
``(a) Committee Management Secretariat.--The Administrator shall
establish and maintain within the General Services
[[Page 131 STAT. 4200]]
Administration a Committee Management Secretariat, which shall be
responsible for all matters relating to advisory committees.
``(b) Annual Reviews.--
``(1) <<NOTE: Determinations.>> 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
[[Page 131 STAT. 4201]]
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) <<NOTE: Summary.>> 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. <<NOTE: 5 USC 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. <<NOTE: 5 USC 1008.>> Establishment and purpose of
advisory committees
``(a) Establishment.--An advisory committee shall not be established
unless establishment is--
``(1) <<NOTE: President.>> specifically authorized by
statute or by the President; or
``(2) <<NOTE: Determination. Consultation. Notice. Federal
Register, publication.>> 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 <<NOTE: President.>> advisory functions.
Determinations of action to be taken and policy to be expressed with
[[Page 131 STAT. 4202]]
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) <<NOTE: Records.>> Copy of charter to library of
congress.--A copy of the advisory committee charter shall be
furnished to the Library of Congress.
``Sec. 1009. <<NOTE: 5 USC 1009.>> Advisory committee procedures
``(a) Committee Meetings.--
``(1) Open to public.--Each advisory committee meeting shall
be open to the public.
``(2) <<NOTE: President. Determination. Federal Register,
publication. Regulations.>> 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,
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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) <<NOTE: Records.>> 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. <<NOTE: Certification.>> The accuracy of all minutes shall be
certified by the chairman of the advisory committee.
``(d) <<NOTE: President. Determination.>> 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. <<NOTE: Reports. Time period. Summary.>> 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. <<NOTE: Determination.>> 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. <<NOTE: 5 USC 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) <<NOTE: Records.>> 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. <<NOTE: 5 USC 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. <<NOTE: President. Designation.>> The General Services
Administration, or such other agency as the President may designate,
shall maintain financial
[[Page 131 STAT. 4204]]
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. <<NOTE: Records. 5 USC 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 <<NOTE: Public
information.>> of Congress shall establish a depository for the reports
and papers and make them available for public inspection and use.
``Sec. 1013. <<NOTE: Time period. 5 USC 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
[[Page 131 STAT. 4205]]
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) <<NOTE: President.>> 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. <<NOTE: 5 USC 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) <<NOTE: Compliance.>> 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) <<NOTE: Determinations. Public information.>> 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. <<NOTE: Public comment.>>
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;
[[Page 131 STAT. 4206]]
``(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) <<NOTE: Summary.>> Other meetings.--The Academy shall
make available to the public as soon as practicable, at
reasonable charge if appropriate, a brief summary of any
committee meeting that is not a data-gathering meeting, unless
the Academy determines that the summary would disclose matters
described in section 552(b) of this title. The summary shall
identify the committee members present, the topics discussed,
materials made available to the committee, and other matters the
Academy determines should be included.
``(5) Final report.--The Academy shall make available to the
public its final report, at reasonable charge if appropriate,
unless the Academy determines that the report would disclose
matters described in section 552(b) of this title. If the
Academy determines that the report would disclose matters
described in section 552(b) of this title, the Academy shall
make public an abbreviated version of the report that does not
disclose those matters.
``(6) Reviewers of report.--After publication of the final
report, the Academy shall make publicly available the names of
the principal reviewers who reviewed the report in draft form
and who are not officials, agents, or employees of the Academy.
``(c) Regulations.--The Administrator of General Services may issue
regulations implementing this section.''.
(b) Enactment of Chapter 4.--Part I of title 5, United States Code,
as amended by subsection (a), is amended by inserting after chapter 3
the following:
``Chapter 4-- <<NOTE: 5 USC prec. 401.>> 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.
[[Page 131 STAT. 4207]]
``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. <<NOTE: 5 USC 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
[[Page 131 STAT. 4208]]
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. <<NOTE: 5 USC 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. <<NOTE: 5 USC 403.>> Appointments
``(a) <<NOTE: President.>> 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,
[[Page 131 STAT. 4209]]
carrying out, or completing any audit or investigation, or from issuing
any subpoena during the course of any audit or investigation.
``(b) <<NOTE: President.>> Removal or Transfer.--An Inspector
General may be removed from office by the
President. <<NOTE: Deadline.>> 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) <<NOTE: Appointments.>> 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) <<NOTE: Designation.>> 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
[[Page 131 STAT. 4210]]
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) <<NOTE: Determination. President.>> 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. <<NOTE: 5 USC 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;
[[Page 131 STAT. 4211]]
``(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) <<NOTE: Compliance.>> 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
[[Page 131 STAT. 4212]]
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) <<NOTE: Deadline. Web posting.>> 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. <<NOTE: 5 USC 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;
[[Page 131 STAT. 4213]]
``(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) <<NOTE: Time periods.>> 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) <<NOTE: Summary.>> a summary of matters referred to
prosecutive authorities and the prosecutions and convictions
which have resulted;
``(5) <<NOTE: Summary.>> a summary of each report made to
the head of the establishment under section 406(c)(2) of this
title during the reporting period;
[[Page 131 STAT. 4214]]
``(6) <<NOTE: List.>> 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) <<NOTE: Summary.>> a summary of each particularly
significant report;
``(8) <<NOTE: Statistical tables.>> 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) <<NOTE: Statistical tables.>> 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) <<NOTE: Summary.>> 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;
[[Page 131 STAT. 4215]]
``(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) <<NOTE: Appendix.>> an appendix containing the
results of any peer review conducted by another Office of
Inspector General during the reporting period; or
``(B) <<NOTE: Statement.>> 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) <<NOTE: List. Statement.>> 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) <<NOTE: List.>> 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) <<NOTE: Statistical tables.>> 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--
[[Page 131 STAT. 4216]]
``(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) <<NOTE: Statistical tables.>> 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) <<NOTE: Statistical tables.>> 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
[[Page 131 STAT. 4217]]
``(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) <<NOTE: Statement.>> 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) <<NOTE: List.>> 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
[[Page 131 STAT. 4218]]
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. <<NOTE: 5 USC 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) <<NOTE: Requirement. Subpoena.>> 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
[[Page 131 STAT. 4219]]
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.
[[Page 131 STAT. 4220]]
``(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;
[[Page 131 STAT. 4221]]
``(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) <<NOTE: Determinations.>> 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) <<NOTE: Deadline. Review.>> 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). <<NOTE: Records.>> The review process shall be
established in consultation with the
[[Page 131 STAT. 4222]]
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. <<NOTE: Certification.>> 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) <<NOTE: Statement.>> 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
[[Page 131 STAT. 4223]]
``(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) <<NOTE: Deadline. Notification.>> 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.-- <<NOTE: Deadline.>> 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.
[[Page 131 STAT. 4224]]
``(i) Non-applicability of Certain Provisions to Requests From
Inspector General of Department of Justice.--Subsections (a)(1)(C) and
(h) shall not apply to requests from the Inspector General of the
Department of Justice.
``(j) Computerized Comparisons.--
``(1) Definitions.--In this subsection, the terms `agency',
`matching program', `record', and `system of records' have the
meanings given those terms in section 552a(a) of title 5.
``(2) Non-consideration of computerized comparisons as
matching programs.--For purposes of section 552a of title 5 or
any other provision of law, a computerized comparison of two or
more automated Federal systems of records, or a computerized
comparison of a Federal system of records with other records or
non-Federal records, performed by an Inspector General or by an
agency in coordination with an Inspector General in conducting
an audit, investigation, inspection, evaluation, or other review
authorized under this chapter shall not be considered a matching
program.
``(3) Limitation.--Nothing in this subsection shall be
construed to impede the exercise by an Inspector General of any
matching program authority established under any other provision
of law.
``(k) Non-Applicability of Federal Information Policy.--Subchapter I
of chapter 35 of title 44 shall not apply to the collection of
information during the conduct of an audit, investigation, inspection,
evaluation, or other review conducted by the Council of the Inspectors
General on Integrity and Efficiency or any Office of Inspector General,
including any Office of Special Inspector General.
``Sec. 407. <<NOTE: 5 USC 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) <<NOTE: Determination.>> 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. <<NOTE: 5 USC 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) <<NOTE: Deadlines.>> Authority of Secretary of Defense.--
[[Page 131 STAT. 4225]]
``(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;
[[Page 131 STAT. 4226]]
``(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
[[Page 131 STAT. 4227]]
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) <<NOTE: Appointment.>> 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) <<NOTE: Time period.>> Notification.--The Inspector
General shall notify the Attorney General 7 days before issuing
any subpoena under this section.
``Sec. 409. <<NOTE: 5 USC 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.).
[[Page 131 STAT. 4228]]
``(b) <<NOTE: Performance evaluations.>> 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. <<NOTE: 5 USC 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. <<NOTE: 5 USC 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.
[[Page 131 STAT. 4229]]
``Sec. 412. <<NOTE: 5 USC 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.--
<<NOTE: Determination.>> 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 <<NOTE: Deadline. Records.>> 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
[[Page 131 STAT. 4230]]
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
[[Page 131 STAT. 4231]]
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.
[[Page 131 STAT. 4232]]
``(j) Prohibition on Appointment of Employee of Internal Revenue
Service to Certain Positions.-- <<NOTE: Effective date. Time
periods.>> 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) <<NOTE: Determinations.>> 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
[[Page 131 STAT. 4233]]
``(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. <<NOTE: Determination.>> 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.-- <<NOTE: Records.>> 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. <<NOTE: 5 USC 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.--
<<NOTE: Determination.>> 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),
[[Page 131 STAT. 4234]]
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. <<NOTE: Deadline. Records.>> 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
[[Page 131 STAT. 4235]]
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. <<NOTE: 5 USC 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) <<NOTE: Appointment. Determination.>> 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) <<NOTE: Contracts.>> 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. <<NOTE: 5 USC 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
[[Page 131 STAT. 4236]]
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) <<NOTE: Effective date.>> Amtrak.--Effective
at the beginning of the first fiscal year after a fiscal
year for which Amtrak receives no Federal subsidy,
subparagraph (A) is amended by striking `Amtrak,'.
``(2) Federal entity.--The term `Federal entity' means any
Government corporation (within the meaning of section 103(1) of
this title), any Government controlled corporation (within the
meaning of section 103(2) of this title), or any other entity in
the executive branch of the Government, or any independent
regulatory agency, but does not include--
``(A) an establishment (as defined under section 401
of this title) or part of an establishment;
``(B) a designated Federal entity (as defined under
paragraph (1) of this subsection) or part of a
designated Federal entity;
``(C) the Executive Office of the President;
``(D) the Central Intelligence Agency;
``(E) the Government Accountability Office; or
``(F) any entity in the judicial or legislative
branches of the Government, including the Administrative
Office of the United States Courts and the Architect of
the Capitol and any activities under the direction of
the Architect of the Capitol.
``(3) Head of the designated federal entity.--The term `head
of the designated Federal entity' means the board or commission
of the designated Federal entity, or in the event the designated
Federal entity does not have a board or commission, any person
or persons designated by statute as the head of a designated
Federal entity and if no such designation exists, the chief
policymaking officer or board of a designated Federal entity as
identified in the list published pursuant to subsection (h)(1)
of this section, except that--
``(A) with respect to the National Science
Foundation, such term means the National Science Board;
``(B) with respect to the United States Postal
Service, such term means the Governors (within the
meaning of section 102(3) of title 39);
[[Page 131 STAT. 4237]]
``(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.-- <<NOTE: Deadline.>> 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. <<NOTE: Determination.>>
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
[[Page 131 STAT. 4238]]
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) <<NOTE: Determination.>> 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.-- <<NOTE: Classified
information. Deadline.>> 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) <<NOTE: Records.>> 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--
[[Page 131 STAT. 4239]]
``(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) <<NOTE: Deadline.>> 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) <<NOTE: Applicability.>> Appointment.--For purposes
of carrying out subsection (c) with respect to the United States
Postal Service, the appointment provisions of section 202(e) of
title 39 shall be applied.
``(2) Oversight responsibility of inspector general for
activities of postal inspection service.--In carrying out the
duties and responsibilities specified in this chapter, the
Inspector General of the United States Postal Service
(hereinafter in this subsection referred to as the `Inspector
General') shall have oversight responsibility for all activities
of the Postal Inspection Service, including any internal
investigation performed by the Postal Inspection Service. The
Chief Postal Inspector shall promptly report the significant
activities being carried out by the Postal Inspection Service to
such Inspector General.
``(3) Audits and investigations.--
``(A) Authority, direction, and control of
governors.--
``(i) Access to sensitive information.--
Notwithstanding subsection (d), the Inspector
General shall be under the authority, direction,
and control of the Governors with respect to
audits or investigations, or the issuance of
subpoenas, which require access to sensitive
information concerning--
``(I) ongoing civil or criminal
investigations or proceedings;
``(II) undercover operations;
``(III) the identity of confidential
sources, including protected witnesses;
``(IV) intelligence or
counterintelligence matters; or
``(V) other matters the disclosure
of which would constitute a serious
threat to national security.
[[Page 131 STAT. 4240]]
``(ii) Authority to prohibit inspector general
from carrying out or completing audit or
investigation.-- <<NOTE: Determination.>> 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. <<NOTE: Deadline. Records.>> 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,
[[Page 131 STAT. 4241]]
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) <<NOTE: Reimbursements.>> Counsel.--Each Inspector
General shall--
``(A) <<NOTE: Appointment.>> 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) <<NOTE: Federal Register, publication.>> 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
[[Page 131 STAT. 4242]]
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) <<NOTE: Summaries.>> 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. <<NOTE: 5 USC 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
[[Page 131 STAT. 4243]]
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) <<NOTE: Determination. President.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: Notice.>> 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
[[Page 131 STAT. 4244]]
make the transmission to the Director of National Intelligence
and, if the establishment is within the Department of Defense,
to the Secretary of Defense. <<NOTE: Applicability.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Statement.>> 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. <<NOTE: Deadline.>> 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. <<NOTE: 5 USC 417.>> Special provisions concerning the
Department of Homeland Security
``(a) In General.--
[[Page 131 STAT. 4245]]
``(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.--
<<NOTE: Determination.>> 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) <<NOTE: Deadlines.>> 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) <<NOTE: Records.>> 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.
[[Page 131 STAT. 4246]]
``(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. <<NOTE: Reports.>> 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;
[[Page 131 STAT. 4247]]
``(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. <<NOTE: 5 USC 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. <<NOTE: 5 USC 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,
[[Page 131 STAT. 4248]]
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) <<NOTE: Deadline.>> 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
[[Page 131 STAT. 4249]]
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) <<NOTE: Public information. Web posting.>>
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) <<NOTE: Public information. Web posting.>>
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.
[[Page 131 STAT. 4250]]
``(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). <<NOTE: Deadline.>> 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
[[Page 131 STAT. 4251]]
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) <<NOTE: Time periods.>> Ccompetitive status for
appointment.--
``(A) In general.--A person employed by a lead
Inspector General for an overseas contingency operation
under this section shall acquire competitive status for
appointment to any position in the competitive service
for which the employee possesses the required
qualifications upon the completion of 2 years of
continuous service as an employee under this section.
``(B) Limitation.--No person who is first employed
as described in subparagraph (A) more than 2 years after
December 19, 2019, may acquire competitive status under
subparagraph (A).
``(e) Sunset for Particular Contingency Operations.--The
requirements and authorities of this section with respect to an overseas
contingency operation shall cease at the end of the first fiscal year
after the commencement or designation of the contingency operation in
which the total amount 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. <<NOTE: 5 USC 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) <<NOTE: Deadline.>> 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;
[[Page 131 STAT. 4252]]
``(ii) <<NOTE: Summary.>> 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) <<NOTE: Determination.>> 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. <<NOTE: 5 USC 421.>> Additional provisions with respect to
the Department of Energy
``(a) <<NOTE: Determination.>> 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.--
<<NOTE: Deadlines.>> 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. <<NOTE: 5 USC 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';
[[Page 131 STAT. 4253]]
``(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
[[Page 131 STAT. 4254]]
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
[[Page 131 STAT. 4255]]
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) <<NOTE: Time period.>> 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. <<NOTE: 5 USC 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) <<NOTE: Applicability.>> 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
[[Page 131 STAT. 4256]]
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) <<NOTE: Applicability.>> 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. <<NOTE: 5 USC 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.--
[[Page 131 STAT. 4257]]
``(A) Executive chairperson.--The Deputy Director
for Management of the Office of Management and Budget
shall be the Executive Chairperson of the Council.
``(B) <<NOTE: Election.>> 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. <<NOTE: Time period.>> 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--
[[Page 131 STAT. 4258]]
``(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
[[Page 131 STAT. 4259]]
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) <<NOTE: Transfer
authority.>> 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) <<NOTE: Determination.>>
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
[[Page 131 STAT. 4260]]
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) <<NOTE: Appointments.>> 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) <<NOTE: Election.>> 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.--
[[Page 131 STAT. 4261]]
``(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) <<NOTE: Deadline.>> 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) <<NOTE: Deadlines.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Time period. Notice.>>
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
[[Page 131 STAT. 4262]]
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) <<NOTE: Records.>> 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) <<NOTE: Deadline.>> 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--
[[Page 131 STAT. 4263]]
``(I) <<NOTE: Notification.>>
promptly notify the congressional
committees described in paragraph
(8)(A)(iii); and
``(II) <<NOTE: Briefing. Time
period.>> 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) <<NOTE: Reports.>> 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;
[[Page 131 STAT. 4264]]
``(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) <<NOTE: Summaries.>> 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) <<NOTE: Recusal.>> 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
[[Page 131 STAT. 4265]]
(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. <<NOTE: Deadline.>> 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) <<NOTE: Website.>> 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 <<NOTE: Web postings.>> 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
[[Page 131 STAT. 4266]]
Council of the Inspectors General on Integrity and Efficiency of
an appropriation for the implementation of this subsection.''.
(c) Enactment of Part IV, Chapter 131.--Title 5, United States Code,
is amended by inserting after part III the following:
``Part IV-- <<NOTE: 5 USC prec. 13101.>> ETHICS REQUIREMENTS
``Chapter 131-- <<NOTE: 5 USC prec. 13101.>> 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-- <<NOTE: 5 USC prec. 13101.>> FINANCIAL DISCLOSURE
REQUIREMENTS OF FEDERAL PERSONNEL
``Sec. 13101. <<NOTE: 5 USC 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
[[Page 131 STAT. 4267]]
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
[[Page 131 STAT. 4268]]
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
[[Page 131 STAT. 4269]]
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.
[[Page 131 STAT. 4270]]
``Sec. 13102. <<NOTE: 5 USC 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. <<NOTE: 5 USC 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
[[Page 131 STAT. 4271]]
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) <<NOTE: Time period.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Determination.>> 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
[[Page 131 STAT. 4272]]
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) <<NOTE: Determination. Time period. Deadline.>> 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
[[Page 131 STAT. 4273]]
``(2) the report required by subsection (e) shall be filed
as provided in that subsection.
``(i) <<NOTE: Public information. Time period. Determination.>>
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. <<NOTE: 5 USC 13104.>> Contents of reports
``(a) <<NOTE: Statement.>> 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) <<NOTE: Effective
date. Confidentiality. List.>> 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.--
[[Page 131 STAT. 4274]]
``(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
[[Page 131 STAT. 4275]]
``(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) <<NOTE: Time periods.>> 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
[[Page 131 STAT. 4276]]
``(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
[[Page 131 STAT. 4277]]
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:
[[Page 131 STAT. 4278]]
``(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.-- <<NOTE: Certification.>> 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 <<NOTE: Applicability.>> 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
[[Page 131 STAT. 4279]]
individual with the intention of terminating the marriage or
providing for permanent separation; or with respect to any
income or obligations of an individual arising from the
dissolution of the individual's marriage or the permanent
separation from the individual's spouse.
``(f) Trusts and Other Financial Arrangements.--
``(1) In general.--Except as provided in paragraph (2), each
reporting individual shall report the information required to be
reported pursuant to subsections (a), (b), and (c) of this
section with respect to the holdings of and the income from a
trust or other financial arrangement from which income is
received by, or with respect to which a beneficial interest in
principal or income is held by, such individual, the
individual's spouse, or any dependent child.
``(2) Exceptions.--A reporting individual need not report
the holdings of or the source of income from any of the holdings
of--
``(A) any qualified blind trust (as defined in
paragraph (3));
``(B) a trust--
``(i) which was not created directly by such
individual, the individual's spouse, or any
dependent child; and
``(ii) the holdings or sources of income of
which such individual, the individual's spouse,
and any dependent child have no knowledge; or
``(C) an entity described under the provisions of
paragraph (8),
but such individual shall report the category of the amount of
income received by the individual, the individual's spouse, or
any dependent child from the trust or other entity under
subsection (a)(1)(B).
``(3) Definition of qualified blind trust.--For purposes of
this subsection, the term `qualified blind trust' includes any
trust in which a reporting individual, the individual's spouse,
or any minor or dependent child has a beneficial interest in the
principal or income, and which meets the following requirements:
``(A) Trustee.--
``(i) The trustee of the trust and any other
entity designated in the trust instrument to
perform fiduciary duties is a financial
institution, an attorney, a certified public
accountant, a broker, or an investment advisor
who--
``(I) is independent of and not
associated with any interested party so
that the trustee or other person cannot
be controlled or influenced in the
administration of the trust by any
interested party;
``(II) is not and has not been an
employee of or affiliated with any
interested party and is not a partner
of, or involved in any joint venture or
other investment with, any interested
party; and
``(III) is not a relative of any
interested party.
``(ii) Any officer or employee of a trustee or
other entity who is involved in the management or
control of the trust--
[[Page 131 STAT. 4280]]
``(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) <<NOTE: Notification.>> 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) <<NOTE: Notification.>> to the notification
of the trustee of a law or regulation subsequently
applicable to the reporting individual which
prohibits the interested party from
[[Page 131 STAT. 4281]]
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.--
<<NOTE: Continuation.>> 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;
[[Page 131 STAT. 4282]]
``(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) <<NOTE: Deadlines. Records.>> 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) <<NOTE: List.>> 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) <<NOTE: List.>> file with such office
a copy of a list of the assets of the trust at the
time of such dissolution
[[Page 131 STAT. 4283]]
and the category of value under subsection (d) of
this section of each such asset.
``(D) <<NOTE: Applicability.>> 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--
[[Page 131 STAT. 4284]]
``(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) <<NOTE: Records. List. Public information.>>
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) <<NOTE: Determination.>> 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.).
[[Page 131 STAT. 4285]]
``Sec. 13105. <<NOTE: 5 USC 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) <<NOTE: Records.>> 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
[[Page 131 STAT. 4286]]
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).
[[Page 131 STAT. 4287]]
``(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) <<NOTE: Records.>> 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) <<NOTE: Records.>> 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. <<NOTE: List.>> 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
[[Page 131 STAT. 4288]]
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) <<NOTE: Determination.>> 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. <<NOTE: 5 USC 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--
[[Page 131 STAT. 4289]]
``(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. <<NOTE: Notification.>> 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. <<NOTE: 5 USC 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) <<NOTE: President.>> 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
[[Page 131 STAT. 4290]]
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) <<NOTE: Deadlines. Records.>> 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. <<NOTE: Fees.>> 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. <<NOTE: Determination.>> 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.
<<NOTE: Public information.>> 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
[[Page 131 STAT. 4291]]
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) <<NOTE: Applicability.>> 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.
[[Page 131 STAT. 4292]]
Such remedy shall be in addition to any other remedy available
under statutory or common law.
``(d) Retention of R <<NOTE: Time periods.>> eports.--
``(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. <<NOTE: 5 USC 13108.>> Review of reports
``(a) <<NOTE: Deadlines.>> 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.
[[Page 131 STAT. 4293]]
``(2) Additional information required or possible
noncompliance.-- <<NOTE: Notifications.>> 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.-- <<NOTE: Determination.>> 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.-- <<NOTE: President.>> If steps for assuring
compliance with applicable laws and regulations are not taken by
the date set under paragraph (3) by an individual in a position
in the executive branch (other than in the Foreign Service or
the uniformed services), appointment to which requires the
advice and consent of the Senate, the matter shall be referred
to the President for appropriate action.
``(5) Referral of member of foreign service or uniformed
services.--If steps for assuring compliance with applicable laws
and regulations are not taken by the date set under paragraph
(3) by a member of the Foreign Service or the uniformed
services, the Secretary concerned shall take appropriate action.
[[Page 131 STAT. 4294]]
``(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. <<NOTE: 5 USC 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. <<NOTE: Regulations. Determination.>> 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
[[Page 131 STAT. 4295]]
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. <<NOTE: 5 USC 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) <<NOTE: Deadline. Determination.>> 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. <<NOTE: 5 USC 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. <<NOTE: Deadline.>> 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. <<NOTE: Records.>> 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).
[[Page 131 STAT. 4296]]
``Subchapter II-- <<NOTE: 5 USC prec. 13121.>> OFFICE OF GOVERNMENT
ETHICS
``Sec. 13121. <<NOTE: 5 USC 13121.>> Establishment; appointment of
Director
``(a) Establishment.--There is established an executive agency to be
known as the Office of Government Ethics.
``(b) <<NOTE: President.>> 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. <<NOTE: Effective date. Time
period.>> 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) <<NOTE: Appointments.>> appoint officers and
employees, including attorneys, in accordance with chapter 51
and subchapter III of chapter 53 of this title; and
``(2) <<NOTE: Contracts. Reimbursement.>> 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. <<NOTE: 5 USC 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
[[Page 131 STAT. 4297]]
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.--
[[Page 131 STAT. 4298]]
``(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) <<NOTE: Regulations. Requirements.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Notification.>> shall, if an agency
has not complied with an order under subparagraph (A)
within a reasonable period of time,
[[Page 131 STAT. 4299]]
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) <<NOTE: Notifications. Determinations.>> 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
[[Page 131 STAT. 4300]]
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. <<NOTE: Applicability.>> For those findings
and orders, the procedures in section 13108 of
this title shall apply.
``(3) <<NOTE: Records.>> 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
[[Page 131 STAT. 4301]]
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. <<NOTE: 5 USC 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) <<NOTE: Records.>> 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.-- <<NOTE: Regulations.>> 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
[[Page 131 STAT. 4302]]
compromise the integrity or the appearance of the integrity of
its programs or any official involved in those programs.
``Sec. 13124. <<NOTE: 5 USC 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. <<NOTE: 5 USC 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. <<NOTE: 5 USC 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) <<NOTE: Summary. Time period.>> 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-- <<NOTE: 5 USC prec. 13141.>> LIMITATIONS ON OUTSIDE
EARNED INCOME AND EMPLOYMENT
``Sec. 13141. <<NOTE: 5 USC 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
[[Page 131 STAT. 4303]]
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. <<NOTE: 5 USC 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. <<NOTE: 5 USC 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.
[[Page 131 STAT. 4304]]
``(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. <<NOTE: 5 USC 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. <<NOTE: 5 USC 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
[[Page 131 STAT. 4305]]
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. <<NOTE: 5 USC 13146.>> Conditional termination
``This subchapter shall cease to be effective if the provisions of
section 703 of the Ethics Reform Act of 1989 (Public Law 101-194, 5
U.S.C. 5318 note) are repealed.''.
SEC. 4. TECHNICAL AMENDMENTS.
(a) Amendments To Update References to Federal Advisory Committee
Act.--
(1) Section 204(b) (matter before paragraph (1)) of the
Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1534(b) (matter
before paragraph (1)) is amended by striking ``The Federal
Advisory Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(2) Section 3(8)(B)(vi) of the Lobbying Disclosure Act of
1995 (2 U.S.C. 1602(8)(B)(vi)) is amended by striking ``the
Federal Advisory Committee Act;'' and inserting ``chapter 10 of
title 5, United States Code;''.
(3) Section 411(c)(1)(B) of title 3, United States Code, is
amended by striking ``section 3(2) of the Federal Advisory
Committee Act;'' and inserting ``section 1001 of title 5;''.
(4) Section 2(6) of the Negotiated Rulemaking Act of 1990
(Public Law 101-648, 5 U.S.C. 561 note) is amended by striking
``the Federal Advisory Committee Act (5 U.S.C. App.).'' and
inserting ``chapter 10 of title 5, United States Code.''.
(5) Section 562(7) of title 5, United States Code, is
amended by striking ``the Federal Advisory Committee Act'' and
inserting ``chapter 10 of this title''.
(6) Section 11(e)(1) of the Administrative Dispute
Resolution Act of 1996 (Public Law 104-320, 5 U.S.C. 563 note)
is amended by striking ``section 9 of the Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``section 1008 of
title 5, United States Code,''.
(7) Section 565(a)(1) of title 5, United States Code, is
amended by striking ``the Federal Advisory Committee Act'' and
inserting ``chapter 10 of this title''.
(8) Section 566 of title 5, United State Code, is amended--
(A) in subsection (c), by striking ``section 10(e)
of the Federal Advisory Committee Act,'' and inserting
``section 1009(e) of this title,'';
(B) in subsection (d)(3), by striking ``section
10(b) and (c) of the Federal Advisory Committee Act,''
and inserting ``section 1009(b) and (c) of this
title,''; and
[[Page 131 STAT. 4306]]
(C) in subsection (g), by striking ``section 10(b)
and (c) of the Federal Advisory Committee Act.'' and
inserting ``section 1009(b) and (c) of this title.''.
(9) Section 568(c) (matter before paragraph (1)) of title 5,
United States Code, is amended by striking ``section 7(d) of the
Federal Advisory Committee Act,'' and inserting ``section
1006(d) of this title,''.
(10) Section 8473(f) of title 5, United States Code, is
amended by striking ``Section 14(a)(2) of the Federal Advisory
Committee Act'' and inserting ``Section 1013(a) of this title''.
(11) Section 606 of the Intelligence Authorization Act for
Fiscal Year 2003 (Public Law 107-306, 6 U.S.C. 101 note) is
amended--
(A) in the section heading, by striking ``FEDERAL
ADVISORY COMMITTEE ACT'' and inserting ``CHAPTER 10 OF
TITLE 5, UNITED STATES CODE''; and
(B) in subsection (a), by striking ``The Federal
Advisory Committee Act (5 U.S.C. App.)'' and inserting
``Chapter 10 of title 5, United States Code,''.
(12) Section 210D(h) of the Homeland Security Act of 2002 (6
U.S.C. 124k(h)) is amended--
(A) in the subsection heading, by striking ``the
Federal Advisory Committee Act'' and inserting ``Chapter
10 of Title 5, United States Code''; and
(B) in section text, by striking ``The Federal
Advisory Committee Act (5 U.S.C. App.)'' and inserting
``Chapter 10 of title 5, United States Code,''.
(13) Section 232(b)(2) of the Homeland Security Act of 2002
(6 U.S.C. 162(b)(2)) is amended by striking ``the Federal
Advisory Committee Act (5 U.S.C. App.))'' and inserting
``chapter 10 of title 5, United States Code)''.
(14) Section 311(i) of the Homeland Security Act of 2002 (6
U.S.C. 191(i)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act Exemption'' and inserting
``Exemption From Chapter 10 of Title 5, United States
Code''; and
(B) in text, by striking ``Section 14 of the Federal
Advisory Committee Act'' and inserting ``Section 1013 of
title 5, United States Code,''.
(15) Section 508(e) of the Homeland Security Act of 2002 (6
U.S.C. 318(e)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5, United States Code'';
(B) in paragraph (1), by striking ``the Federal
Advisory Committee Act (5 U.S.C. App.), including
subsections (a), (b), and (d) of section 10 of such
Act,'' and inserting ``chapter 10 of title 5, United
States Code, including subsections (a), (b), and (d) of
section 1009 of title 5, United States Code,''; and
(C) in paragraph (2), by striking ``Section 14(a)(2)
of the Federal Advisory Committee Act (5 U.S.C. App.)''
and inserting ``Section 1013(a)(2) of title 5, United
States Code,''.
[[Page 131 STAT. 4307]]
(16) Section 871(a) of the Homeland Security Act of 2002 (6
U.S.C. 451(a)) is amended by striking ``Public Law 92-463,'' and
inserting ``chapter 10 of title 5, United States Code,''.
(17) Section 1016(g)(4) of the National Security
Intelligence Reform Act of 2004 (6 U.S.C. 485(g)(4)) is
amended--
(A) in the paragraph heading, by striking ``federal
advisory committee act'' and inserting ``chapter 10 of
title 5, united states code''; and
(B) in text, by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.).'' and inserting ``chapter
10 of title 5, United States Code.''.
(18) Section 2224(b) of the Homeland Security Act of 2002 (6
U.S.C. 673(b)) is amended by striking ``the Federal Advisory
Committee Act (5 U.S.C. App. 2).'' and inserting ``chapter 10 of
title 5, United States Code.''.
(19) Section 2(a)(15)(E) of the Commodity Exchange Act (7
U.S.C. 2(a)(15)(E)) is amended--
(A) in the subparagraph heading, by striking
``FACA'' and inserting ``Chapter 10 of title 5, united
states code''; and
(B) in text, by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.).'' and inserting ``chapter
10 of title 5, United States Code.''.
(20) Section 21(b) of the United States Grain Standards Act
(7 U.S.C. 87j(b)) is amended by striking ``the Federal Advisory
Committee Act (5 U.S.C. App. 2).'' and inserting ``chapter 10 of
title 5, United States Code.''.
(21) Section 3(c)(11)(F) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136a(c)(11)(F)) is
amended--
(A) in the subparagraph heading, by striking
``Federal advisory committee act'' and inserting
``Chapter 10 of title 5, united states code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(22) Section 5 of the Research Facilities Act (7 U.S.C.
390c) is amended--
(A) in the section heading, by striking ``FEDERAL
ADVISORY COMMITTEE ACT'' and inserting ``CHAPTER 10 OF
TITLE 5, UNITED STATES CODE''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(23) Section 3a(c)(2) of the Act of March 3, 1927 (7 U.S.C.
473a(c)(2)) is amended by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of
title 5, United States Code,''.
(24) Section 5 of the Act of August 23, 1935 (7 U.S.C. 511d)
is amended by striking ``the Federal Advisory Committee Act,''
and inserting ``chapter 10 of title 5, United States Code,''.
(25) Section 2(b)(3)(B) of the Mandatory Price Reporting Act
of 2010 (Public Law 111-239, 7 U.S.C. 1635k note) is amended--
(A) in the subparagraph heading, by striking
``federal advisory committee act'' and inserting
``chapter 10 of title 5, united states code''; and
[[Page 131 STAT. 4308]]
(B) in text, by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.).'' and inserting ``chapter
10 of title 5, United States Code.''.
(26) Section 205(e) of the Agricultural Trade Development
and Assistance Act of 1954 (7 U.S.C. 1725(e)) is amended--
(A) in the subsection heading, by striking
``Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5, United States Code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(27) Section 11(o)(1) of the Food and Nutrition Act of 2008
(7 U.S.C. 2020(o)(1)) is amended by striking ``the Federal
Advisory Committee Act,'' and inserting ``chapter 10 of title 5,
United States Code,''.
(28) Section 607(b)(3) of the Rural Development Act of 1972
(7 U.S.C. 2204b(b)(3)) is amended by striking ``the Federal
Advisory Committee Act.'' and inserting ``chapter 10 of title 5,
United States Code.''.
(29) Section 921(g)(1) of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 2279b(g)(1)) is
amended by striking ``the Federal Advisory Committee Act (5
U.S.C. App.);'' and inserting ``chapter 10 of title 5, United
States Code;''.
(30) Section 1806(2) of the Food and Agriculture Act of 1977
(7 U.S.C. 2286(2)) is amended by striking ``the Federal Advisory
Committee Act'' and inserting ``chapter 10 of title 5, United
States Code,''.
(31) Section 1408(f) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123(f)) is
amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5, United States Code''; and
(B) in text, by striking ``section 9(c) of the
Federal Advisory Committee Act (5 U.S.C. App.).'' and
inserting ``section 1008(c) of title 5, United States
Code.''.
(32) Section 1408A(a)(2)(E) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3123a(a)(2)(E)) is amended--
(A) in the subparagraph heading, by striking
``Federal advisory committee act'' and inserting
``Chapter 10 of title 5, united states code''; and
(B) in text, by striking ``section 9(c) of the
Federal Advisory Committee Act (5 U.S.C. App.)'' and
inserting ``section 1008(c) of title 5, United States
Code,''.
(33) Section 1409A(e) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3124a(e))
is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5, United States Code''; and
(B) in paragraph (2), by striking ``The Federal
Advisory Committee Act (5 U.S.C. App.)'' and inserting
``Chapter 10 of title 5, United States Code,''.
[[Page 131 STAT. 4309]]
(34) Section 1413B of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3129a) is
amended--
(A) in the section heading, by striking ``FEDERAL
ADVISORY COMMITTEE ACT EXEMPTION'' and inserting
``EXEMPTION FROM CHAPTER 10 OF TITLE 5, UNITED STATES
CODE,''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(35) Section 1417(k) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3152(k)) is
amended by striking ``The Federal Advisory Committee Act (5
U.S.C. App. 2)'' and inserting ``Chapter 10 of title 5, United
States Code,''.
(36) Section 2(j) of Public Law 89-106 (7 U.S.C. 3157(j)) is
amended by striking ``The Federal Advisory Committee Act (5
U.S.C. App. 2)'' and inserting ``Chapter 10 of title 5, United
States Code,''.
(37) Section 1434(f) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3196(f)) is
amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5, United States Code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(38) Section 1634(l) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 5843(l)) is amended--
(A) in the subsection heading, by striking
``Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5, United States Code''; and
(B) in text, by striking ``Section 14(a) of the
Federal Advisory Committee Act (5 U.S.C. App.)'' and
inserting ``Section 1013(a) of title 5, United States
Code,''.
(39) Section 2119(a) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 6518(a)) is amended by striking
``(in accordance with the Federal Advisory Committee Act (5
U.S.C. App. 2 et seq.)) (hereafter referred to in this section
as the `Board')'' and inserting ``(hereafter referred to in this
section as the `Board') in accordance with chapter 10 of title
5, United States Code,''.
(40) Section 420(b)(3) of the Plant Protection Act (7 U.S.C.
7721(b)(3)) is amended--
(A) in the paragraph heading, by striking ``Federal
advisory committee act'' and inserting ``Chapter 10 of
title 5, united states code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(41) Section 1308(c)(5) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 7958(c)(5)) is amended--
(A) in the paragraph heading, by striking ``Federal
advisory committee act'' and inserting ``Chapter 10 of
title 5, united states code''; and
[[Page 131 STAT. 4310]]
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(42) Section 1210(d)(3)(B) of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 8740(d)(3)(B)) is amended--
(A) in the subparagraph heading, by striking
``federal advisory committee act'' and inserting
``chapter 10 of title 5, united states code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(43) Section 1210(d)(3)(B) of the Agricultural Act of 2014
(7 U.S.C. 9040(d)(3)(B)) is amended--
(A) in the subparagraph heading, by striking
``federal advisory committee act'' and inserting
``chapter 10 of title 5, united states code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(44) Section 286(k) of the Immigration and Nationality Act
(8 U.S.C. 1356(k)) is amended by striking ``the Federal Advisory
Committee Act,'' and inserting ``chapter 10 of title 5, United
States Code,''.
(45) Section 343(e)(9) of title 10, United States Code, is
amended by striking ``The Federal Advisory Committee Act (5
U.S.C. App.), other than section 14''and inserting ``Chapter 10
of title 5, other than section 1013 of title 5''.
(46) Section 946(j) of title 10, United States Code, is
amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5''.
(47) Section 723(d)(6) of the National Defense Authorization
Act for Fiscal Year 2000 (Public Law 106-65, 10 U.S.C. 1071
note) is amended by striking ``The Federal Advisory Committee
Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(48) Section 722(e) of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102-484, 10 U.S.C. 1073
note) is amended--
(A) in the subsection heading, by striking
``Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5, United States Code''; and
(B) in text, by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``chapter
10 of title 5, United States Code,''.
(49) Section 718(g)(2) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-
375, 10 U.S.C. 1092 note) is amended by striking ``The Federal
Advisory Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
[[Page 131 STAT. 4311]]
(50) Section 1783 of title 10, United States Code, is
amended by striking ``section 3(2) of the Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``section 1001(2)
of title 5''.
(51) Section 2012(h)(3) of title 10, United States Code, is
amended by striking ``The Federal Advisory Committee Act (5
U.S.C. App.)'' and inserting ``Chapter 10 of title 5''.
(52) Section 2164(d)(6) of title 10, United States Code, is
amended by striking ``the Federal Advisory Committee Act (5
U.S.C. App.), but may close meetings in accordance with such
Act.'' and inserting ``chapter 10 of title 5, but may close
meetings in accordance with chapter 10 of title 5.''.
(53) Section 2705(d)(2)(C) of title 10, United States Code,
is amended by striking ``The Federal Advisory Committee Act (5
U.S.C. App.)'' and inserting ``Chapter 10 of title 5''.
(54) Section 202(b) of the National Housing Act (12 U.S.C.
1708(b)) is amended--
(A) in the matter before paragraph (1), by striking
``the Federal Advisory Committee Act.'' and inserting
``chapter 10 of title 5, United States Code.''; and
(B) in paragraph (10), by striking ``Section 7 of
the Federal Advisory Committee Act,'' and inserting
``section 1006 of title 5, United States Code,''.
(55) Section 1205(f) of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (Public Law 101-73, 12
U.S.C. 1818 note) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5, United States Code,''; and
(B) in text, by striking ``The Federal Advisory
Committee Act'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(56) Section 5.12 of the Farm Credit Act of 1971 (12 U.S.C.
2246) is amended by striking ``the Federal Advisory Committee
Act'' and inserting ``chapter 10 of title 5, United States
Code,''.
(57) Section 104(d) of the Community Development Banking and
Financial Institutions Act of 1994 (12 U.S.C. 4703(d)) is
amended--
(A) in paragraph (1), by striking ``the Federal
Advisory Committee Act, except that section 14 of that
Act'' and inserting ``chapter 10 of title 5, United
States Code, except that section 1013 of title 5, United
States Code,''; and
(B) in paragraph (7), by striking ``the Federal
Advisory Committee Act.'' and inserting ``chapter 10 of
title 5, United States Code.''.
(58) Section 111(g) of the Financial Stability Act of 2010
(12 U.S.C. 5321(g)) is amended--
(A) in the subsection heading, by striking ``FACA''
and inserting ``Chapter 10 of Title 5, United States
Code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(59) Section 1013(h) of the Consumer Financial Protection
Act of 2010 (12 U.S.C. 5493(h)) is amended--
[[Page 131 STAT. 4312]]
(A) in the subsection heading, by striking ``FACA''
and inserting ``Chapter 10 of Title 5, United States
Code''; and
(B) in text, by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.), such Act'' and inserting
``chapter 10 of title 5, United States Code, such
chapter''.
(60) Section 2925(a)(3) of title 14, United States Code, is
amended--
(A) in the paragraph heading, by striking ``FACA''
and inserting ``Chapter 10 of title 5''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5''.
(61) Section 2944 of title 14, United States Code, is
amended by striking ``the Federal Advisory Committee Act (5
U.S.C. App.)'' and inserting ``chapter 10 of title 5''.
(62) Section 11A(a)(3)(A) of the Securities Exchange Act of
1934 (15 U.S.C. 78k-1(a)(3)(A)) is amended by striking ``the
Federal Advisory Committee Act (which shall be in addition to
the National Market Advisory Board established pursuant to
subsection (d) of this section)'' and inserting ``chapter 10 of
title 5, United States Code (which shall be in addition to the
National Market Advisory Board established pursuant to
subsection (d) of this section),''.
(63) Section 17A(f)(4) of the Securities Exchange Act of
1934 (15 U.S.C. 78q-1(f)(4)) is amended--
(A) in subparagraph (A), by striking ``the Federal
Advisory Committee Act (5 U.S.C. App.).'' and inserting
``chapter 10 of title 5, United States Code.'';
(B) in subparagraph (B)(i), by striking ``the
Federal Advisory Committee Act;'' and inserting
``chapter 10 of title 5, United States Code;''; and
(C) in subparagraph (C), by striking ``the Federal
Advisory Committee Act.'' and inserting ``chapter 10 of
title 5, United States Code.''.
(64) Section 39(i) of the Securities Exchange Act of 1934
(15 U.S.C. 78pp(i)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5, United States Code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(65) Section 25(m)(4) of the National Institute of Standards
and Technology Act (15 U.S.C. 278k(m)(4)) is amended--
(A) in the paragraph heading, by striking ``FACA
applicability'' and inserting ``Applicability of chapter
10 of title 5, united states code,'';
(B) in subparagraph (A), by striking ``the Federal
Advisory Committee Act (5 U.S.C. App.).'' and inserting
``chapter 10 of title 5, United States Code.''; and
(C) in subparagraph (B), by striking ``Section 14 of
the Federal Advisory Committee Act'' and inserting
``Section 1013 of title 5, United States Code,''.
(66) Section 7(b) of the Small Business Computer Security
and Education Act of 1984 (Public Law 98-362, 15 U.S.C.
[[Page 131 STAT. 4313]]
633 note) is amended by striking ``the Federal Advisory
Committee Act.'' and inserting ``chapter 10 of title 5, United
States Code.''.
(67) Section 31(b)(2)(D) of the Consumer Product Safety Act
(15 U.S.C. 2080(b)(2)(D)) is amended by striking ``The Federal
Advisory Committee Act'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(68) Section 33 of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2229) is amended--
(A) in subsection (f)(2) --
(i) in the paragraph heading, by striking
``federal advisory committee act'' and inserting
``chapter 10 of title 5, united states code''; and
(ii) in text, by striking ``The Federal
Advisory Committee Act (5 U.S.C. App.)'' and
inserting ``Chapter 10 of title 5, United States
Code,'';
(B) in subsection (l)(3)--
(i) in the paragraph heading, by striking
``federal advisory committee act'' and inserting
``chapter 10 of title 5, united states code''; and
(ii) in text, by striking ``The Federal
Advisory Committee Act (5 U.S.C. App.)'' and
inserting ``Chapter 10 of title 5, United States
Code,''.
(69) Section 26(b)(4)(E) of the Toxic Substances Control Act
(15 U.S.C. 2625(b)(4)(E)) is amended by striking ``the Federal
Advisory Committee Act (5 U.S.C. App.)'' and inserting ``chapter
10 of title 5, United States Code,''.
(70) Section 604(a)(3)(B)(iii) of the America COMPETES
Reauthorization Act of 2010 (Public Law 111-358, 15 U.S.C. 3701
note) is amended--
(A) in the clause heading, by striking ``faca'' and
inserting ``chapter 10 of title 5, united states code'';
and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(71) Section 24(k)(4) of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3719(k)(4)) is amended--
(A) in the paragraph heading, by striking ``faca''
and inserting ``chapter 10 of title 5, united states
code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(72) Section 273(i) of the National Defense Authorization
Act for Fiscal Years 1988 and 1989 (15 U.S.C. 4603(i)) is
amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5, United States Code''; and
(B) in text, by striking ``Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App. 2)'' and inserting
``Section 1013 of title 5, United States Code,''.
(73) Section 5203 of the Competitiveness Policy Council Act
(15 U.S.C. 4802) is amended by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.).'' and inserting ``chapter 10 of
title 5, United States Code.''.
[[Page 131 STAT. 4314]]
(74) Section 5207 of the Competitiveness Policy Council Act
(15 U.S.C. 4806) is amended--
(A) in subsection (g)(6), by striking ``the Federal
Advisory Committee Act,'' and inserting ``chapter 10 of
title 5, United States Code,''; and
(B) in subsection (h)--
(i) in the subsection heading, by striking
``Advisory Committee Act'' and inserting ``Chapter
10 of Title 5, United States Code''; and
(ii) in text, by striking ``subsections (e)
and (f) of section 10, of the Federal Advisory
Committee Act'' and inserting ``subsections (e)
and (f) of section 1009 of title 5, United States
Code,''.
(75) Section 101(b)(3) of the High-Performance Computing Act
of 1991 (15 U.S.C. 5511(b)(3)) is amended by striking ``Section
14 of the Federal Advisory Committee Act'' and inserting
``Section 1013 of title 5, United States Code,''.
(76) Section 214(c) of the Protecting Children in the 21st
Century Act (15 U.S.C. 6554(c)) is amended--
(A) in the subsection heading, by striking ``FACA''
and inserting ``Chapter 10 of Title 5, United States
Code,''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(77) Section 11(c) of the National Construction Safety Team
Act (15 U.S.C. 7310(c)) is amended by striking ``Section 14 of
the Federal Advisory Committee Act'' and inserting ``Section
1013 of title 5, United States Code,''.
(78) Section 4(f) of the 21st Century Nanotechnology
Research and Development Act (15 U.S.C. 7503(f)) is amended by
striking ``Section 14 of the Federal Advisory Committee Act''
and inserting ``Section 1013 of title 5, United States Code,''.
(79) Section 5 of the San Francisco Maritime National
Historical Park Act of 1988 (16 U.S.C. 410nn-3) is amended--
(A) in subsection (d), by striking ``the Federal
Advisory Committee Act,'' and inserting ``chapter 10 of
title 5, United States Code,''; and
(B) in subsection (e), by striking ``section 14(b)
of the Federal Advisory Committee Act (Act of October 6,
1972; 86 Stat. 776),'' and inserting ``section 1013(b)
of title 5, United States Code,''.
(80) Section 6(e) of Public Law 100-479 (16 U.S.C. 410oo-
5(e)) is amended by striking ``section 14(b) of the Federal
Advisory Committee Act (Act of October 6, 1972; 86 Stat. 776),''
and inserting ``section 1013(b) of title 5, United States
Code,''.
(81) Section 3(g)(4) of Public Law 100-571 (16 U.S.C. 410qq-
2(g)(4)) is amended by striking ``section 14(b) of the Federal
Advisory Committee Act (Act of October 6, 1972; 86 Stat. 776),''
and inserting ``section 1013(b) of title 5, United States
Code,''.
(82) Section 106(h) of the Omnibus Insular Areas Act of 1992
(16 U.S.C. 410tt-4(h)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5, United States Code''; and
[[Page 131 STAT. 4315]]
(B) in text, by striking ``section 14(b) of the
Federal Advisory Committee Act, and except as otherwise
provided in this title, the provisions of the Federal
Advisory Committee Act (5 U.S.C. App.)'' and inserting
``section 1013(b) of title 5, United States Code, and
except as otherwise provided in this title, the
provisions of chapter 10 of title 5, United States
Code,''.
(83) Section 201(i) of the Dayton Aviation Heritage
Preservation Act of 1992 (16 U.S.C. 410ww-21(i)) is amended--
(A) in the subsection heading, by striking ``FACA''
and inserting ``Chapter 10 of Title 5, United States
Code''; and
(B) in text, by striking ``Section 14(b) of the
Federal Advisory Committee Act (5 U.S.C. App.)'' and
inserting ``Section 1013(b) of title 5, United States
Code,''.
(84) Section 307(c) of the California Desert Protection Act
of 1994 (16 U.S.C. 410aaa-6(c)) is amended by striking ``The
Federal Advisory Committee Act'' and inserting ``Chapter 10 of
title 5, United States Code,''.
(85) Section 407(c) of the California Desert Protection Act
of 1994 (16 U.S.C. 410aaa-27(c)) is amended by striking ``The
Federal Advisory Committee Act'' and inserting ``Chapter 10 of
title 5, United States Code,''.
(86) Section 518(c) of the California Desert Protection Act
of 1994 (16 U.S.C. 410aaa-58(c)) is amended by striking ``The
Federal Advisory Committee Act'' and inserting ``Chapter 10 of
title 5, United States Code,''.
(87) Section 10(d) of the Great Sand Dunes National Park and
Preserve Act of 2000 (16 U.S.C. 410hhh-8(d)) is amended by
striking ``the Federal Advisory Committee Act (5 U.S.C. App.)''
and inserting ``chapter 10 of title 5, United States Code,''.
(88) Section 7001(e)(9) of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 410lll(e)(9)) is amended--
(A) in the paragraph heading, by striking ``FACA
nonapplicability'' and inserting ``Nonapplicability of
chapter 10 of title 5, united states code''; and
(B) in text, by striking ``Section 14(b) of the
Federal Advisory Committee Act (5 U.S.C. App.)'' and
inserting ``Section 1013(b) of title 5, United States
Code,''.
(89) Section 3032(k)(9) of the Military Construction
Authorization Act for Fiscal Year 2015 (16 U.S.C. 410qqq(k)(9))
is amended--
(A) in the paragraph heading, by striking ``FACA
nonapplicability'' and inserting ``Nonapplicability of
chapter 10 of title 5, united states code''; and
(B) in text, by striking ``Section 14(b) of the
Federal Advisory Committee Act (5 U.S.C. App.)'' and
inserting ``Section 1013(b) of title 5, United States
Code,''.
(90) Section 5(e) of Public Law 101-377 (16 U.S.C. 430g-
8(e)) is amended by striking ``section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.)'' and inserting ``section
1013 of title 5, United States Code,''.
(91) Section 14 of the Winding Stair Mountain National
Recreation and Wilderness Area Act (16 U.S.C. 460vv-12) is
amended by striking ``the Federal Advisory Committee Act (Public
Law 92-463),'' and inserting ``chapter 10 of title 5, United
States Code,''.
[[Page 131 STAT. 4316]]
(92) Section 206(e) of the West Virginia National Interest
River Conservation Act of 1987 (16 U.S.C. 460ww-5(e)) is amended
by striking ``the Federal Advisory Committee Act (Act of October
6, 1972; 86 Stat. 776). The provisions of section 14(b) of such
Act (relating to the charter of the Committee)'' and inserting
``chapter 10 of title 5, United States Code. The provisions of
section 1013(b) of title 5, United States Code (relating to the
charter of the Committee),''.
(93) Section 1029(g)(4) of the Omnibus Parks and Public
Lands Management Act of 1996 (16 U.S.C. 460kkk(g)(4)) is
amended--
(A) in the paragraph heading, by striking ``FACA''
and inserting ``Chapter 10 of title 5, united states
code''; and
(B) in text, by striking ``section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.),'' and inserting
``section 1013 of title 5, United States Code,''.
(94) Section 522(h) of the Land Between the Lakes Protection
Act of 1998 (16 U.S.C. 460lll-22(h)) is amended by striking
``Section 14(a)(2) of the Federal Advisory Committee Act (5
U.S.C. App.)'' and inserting ``Section 1013(a) of title 5,
United States Code,''.
(95) Section 8(c)(1) of the McInnis Canyons National
Conservation Area and Black Ridge Canyons Wilderness Act of 2000
(16 U.S.C. 460mmm-6(c)(1)) is amended by striking ``the Federal
Advisory Committee Act (5 U.S.C. App.);'' and inserting
``chapter 10 of title 5, United States Code;''.
(96) Section 131(h) of the Steens Mountain Cooperative
Management and Protection Act of 2000 (16 U.S.C. 460nnn-51(h))
is amended by striking ``the Federal Advisory Committee Act (5
U.S.C. App.).'' and inserting ``chapter 10 of title 5, United
States Code.''.
(97) Section 2407(c)(1) of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 460zzz-6(c)(1)) is amended by
striking ``the Federal Advisory Committee Act (5 U.S.C. App.);''
and inserting ``chapter 10 of title 5, United States Code;''.
(98) Section 8(a) of Public Law 93-535 (16 U.S.C. 541g(a))
is amended by striking ``the Federal Advisory Committee Act (86
Stat. 770),'' and inserting ``chapter 10 of title 5, United
States Code,''.
(99) Section 4(o) of the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd(o)) is amended by
striking ``the Federal Advisory Committee Act (5 U.S.C. App.).''
and inserting ``chapter 10 of title 5, United States Code.''.
(100) Section 1(a)(2) [title IX, Sec. 902(f)] of Public Law
106-553 (16 U.S.C. 669 note) is amended--
(A) in the subsection heading, by striking ``FACA''
and inserting ``Inapplicability of Chapter 10 of Title
5, United States Code''; and
(B) in text, by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.).'' and inserting ``chapter
10 of title 5, United States Code.''.
(101) Section 11(e) of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669h-2(e)) is amended--
[[Page 131 STAT. 4317]]
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5, United Stats Code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(102) Section 1007 of the Omnibus Parks and Public Lands
Management Act of 1996 (16 U.S.C. 698u-5) is amended--
(A) in subsection (f), by striking ``the Federal
Advisory Committee Act (5 U.S.C. App.),'' and inserting
``chapter 10 of title 5, United States Code,''; and
(B) in subsection (i), by striking ``section 14(b)
of the Federal Advisory Committee Act (15 U.S.C. App.)''
and inserting ``section 1013(b) of title 5, United
States Code,''.
(103) Section 14(f) of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777m(f)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5, United States Code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(104) Section 4(h)(10)(D)(iii) of the Pacific Northwest
Electric Power Planning and Conservation Act (16 U.S.C.
839b(h)(10)(D)(iii)), as added to the ``Northwest Power Planning
and Conservation Act'' (meaning the Pacific Northwest Electric
Power Planning and Conservation Act), is amended by striking
``the Federal Advisory Committee Act.'' and inserting ``chapter
10 of title 5, United States Code.''.
(105) Section 4(a)(1)(E) of the Tuna Conventions Act of 1950
(16 U.S.C. 953(a)(1)(E)) is amended by striking ``the Federal
Advisory Committee Act (5 U.S.C. App.).'' and inserting
``chapter 10 of title 5, United States Code.''.
(106) Section 4(b)(6) of the Atlantic Tunas Convention Act
of 1975 (16 U.S.C. 971b(b)(6)) is amended by striking ``the
Federal Advisory Committee Act (5 U.S.C. App.).'' and inserting
``chapter 10 of title 5, United States Code.''.
(107) Section 3(a)(67)(B)(vii) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)(67)(B)(vii)) is amended by striking
``section 14(b) of the Federal Advisory Committee Act (Act of
October 6, 1972; 86 Stat. 776),'' and inserting ``section
1013(b) of title 5, United States Code,''.
(108) Section 117(d)(2) of the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1386(d)(2)) is amended by striking ``the
Federal Advisory Committee Act (5 App. U.S.C.).'' and inserting
``chapter 10 of title 5, United States Code.''.
(109) Section 118(f)(6)(D) of the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1387(f)(6)(D)) is amended by striking
``the Federal Advisory Committee Act (5 App. U.S.C.).'' and
inserting ``chapter 10 of title 5, United States Code.''.
(110) Section 120(i)(1)(B) of the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1389(i)(1)(B)) is amended by striking
``the Federal Advisory Committee Act (5 App. U.S.C.).'' and
inserting ``chapter 10 of title 5, United States Code.''.
(111) Section 404(a)(1)(B) of the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1421c(a)(1)(B)) is amended by striking
[[Page 131 STAT. 4318]]
``The Federal Advisory Committee Act (5 App. U.S.C.)'' and
inserting ``Chapter 10 of title 5, United States Code,''.
(112) Section 315(a) of the National Marine Sanctuaries Act
(16 U.S.C. 1445a(a)) is amended by striking ``the Federal
Advisory Committee Act.'' and inserting ``chapter 10 of title 5,
United States Code.''.
(113) Section 4(f)(2) of the Endangered Species Act of 1973
(16 U.S.C. 1533(f)(2)) is amended by striking ``the Federal
Advisory Committee Act.'' and inserting ``chapter 10 of title 5,
United States Code.''.
(114) Section 14(b) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1612(b)) is amended by
striking ``the Federal Advisory Committee Act (86 Stat. 770)''
and inserting ``chapter 10 of title 5, United States Code,''.
(115) Section 5(d) of Public Law 100-629 (16 U.S.C. 1823
note) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5, United States Code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App. 1 et seq.)'' and inserting
``Chapter 10 of title 5, United States Code,''.
(116) Section 302(i)(1) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1852(i)(1)) is
amended by striking ``The Federal Advisory Committee Act (5
U.S.C. App. 1)'' and inserting ``Chapter 10 of title 5, United
States Code,''.
(117) Section 303(d) of the Atlantic Salmon Convention Act
of 1982 (16 U.S.C. 3602(d)) is amended by striking ``The Federal
Advisory Committee Act (5 U.S.C. App. 1 et seq.)'' and inserting
``Chapter 10 of title 5, United States Code,''.
(118) Section 3(i) of the Pacific Salmon Treaty Act of 1985
(16 U.S.C. 3632(i)) is amended by striking ``The Federal
Advisory Committee Act (5 U.S.C. App. 1 et seq.)'' and inserting
``Chapter 10 of title 5, United States Code,''.
(119) Section 1262(d) of the Food Security Act of 1985 (16
U.S.C. 3862(d)), as generally amended by Public Law 110-246 as
the ``Farm Security Act of 1985'' (meaning the Food Security Act
of 1985), is amended--
(A) in the subsection heading, by striking ``FACA
Requirements'' and inserting ``Requirements of Chapter
10 of Title 5, United States Code'';
(B) in paragraph (1), by striking ``the Federal
Advisory Committee Act (5 U.S.C. App.).'' and inserting
``chapter 10 of title 5, United States Code.''; and
(C) in paragraph (2), by striking ``the Federal
Advisory Committee Act (5 U.S.C. App.),'' and inserting
``chapter 10 of title 5, United States Code,''.
(120) Section 2104(c) of the African Elephant Conservation
Act (16 U.S.C. 4214(c)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5, United States Code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
[[Page 131 STAT. 4319]]
(121) Section 7(c) of the Asian Elephant Conservation Act of
1997 (16 U.S.C. 4265a(c)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5, United States Code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(122) Section 4(a)(1) of the North American Wetlands
Conservation Act (16 U.S.C. 4403(a)(1)) is amended by striking
``Public Law 92-463, as amended,'' and inserting ``chapter 10 of
title 5, United States Code,''.
(123) Section 9(c) of the Rhinoceros and Tiger Conservation
Act of 1994 (16 U.S.C. 5305c(c)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5, United States Code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(124) Section 202(f)(2) of the Northwest Atlantic Fisheries
Convention Act of 1995 (16 U.S.C. 5601(f)(2)) is amended by
striking ``The Federal Advisory Committee Act (5 U.S.C. App.)''
and inserting ``Chapter 10 of title 5, United States Code,''.
(125) Section 208(d) of the Northwest Atlantic Fisheries
Convention Act of 1995 (16 U.S.C. 5607(d)) is amended by
striking ``The Federal Advisory Committee Act (5 U.S.C. App.)''
and inserting ``Chapter 10 of title 5, United States Code,''.
(126) Section 706 of the Yukon River Salmon Act of 1995 (16
U.S.C. 5705) is amended by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of
title 5, United States Code,''.
(127) Section 204 of the Yukon River Salmon Act of 2000 (16
U.S.C. 5723) is amended by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of
title 5, United States Code,''.
(128) Section 7(b)(3) of the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6106(b)(3)) is amended--
(A) in the paragraph heading, by striking ``federal
advisory committee act'' and inserting ``chapter 10 of
title 5, united states code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(129) Section 4(i)(5) of the Great Ape Conservation Act of
2000 (16 U.S.C. 6303(i)(5)) is amended--
(A) in the paragraph heading, by striking ``FACA''
and inserting ``Chapter 10 of title 5, united states
code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 App. U.S.C.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(130) Section 103(b)(2) of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6513(b)(2)) is amended by striking ``The
Federal Advisory Committee Act (5 U.S.C. App.)'' and inserting
``Chapter 10 of title 5, United States Code,''.
[[Page 131 STAT. 4320]]
(131) Section 6(c) of the Marine Turtle Conservation Act of
2004 (16 U.S.C. 6605(c)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5, United States Code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(132) Section 804(d)(12) of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6803(d)(12)) is amended--
(A) in the paragraph heading, by striking ``federal
advisory committee act'' and inserting ``chapter 10 of
title 5, united states code''; and
(B) in text, by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.).'' and inserting ``chapter
10 of title 5, United States Code.''.
(133) Section 503(d)(1)(C) of the Western and Central
Pacific Fisheries Convention Implementation Act (16 U.S.C.
6902(d)(1)(C)) is amended by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.).'' and inserting ``chapter 10 of
title 5, United States Code.''.
(134) Section 208(b)(3) of title 18, United States Code, is
amended by striking ``the Federal Advisory Committee Act'' and
inserting ``chapter 10 of title 5''.
(135) Section 3056(a)(7) of title 18, United States Code, is
amended by striking ``the Federal Advisory Committee Act (5
U.S.C. App. 2).'' and inserting ``chapter 10 of title 5.''.
(136) Section 105 of the USA PATRIOT Act (Public Law 107-56,
18 U.S.C. 3056 note) is amended by striking ``the Federal
Advisory Committee Act (5 U.S.C. App. 2).'' and inserting
``chapter 10 of title 5, United States Code.''.
(137) Section 13031(k) of the Trade Adjustment Assistance
Reform and Extension Act of 1986 (19 U.S.C. 58c(k)) is amended
by striking ``section 14 of the Federal Advisory Committee
Act.'' and inserting ``section 1013 of title 5, United States
Code.''.
(138) Section 135(f) of the Trade Act of 1974 (19 U.S.C.
2155(f)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5, United States Code'';
(B) in the matter before paragraph (1), by striking
``the Federal Advisory Committee Act'' and inserting
``chapter 10 of title 5, United States Code,'';
(C) in paragraph (2)(A), by striking ``subsections
(a) and (b) of sections 10 and 11 of the Federal
Advisory Committee Act'' and inserting ``subsections (a)
and (b) of sections 1009 and 1010 of title 5, United
States Code''; and
(D) in paragraph (2)(B), by striking ``subsection
(a)(2) of section 14 of the Federal Advisory Committee
Act,'' and inserting ``subsection (a) of section 1013 of
title 5, United States Code,''.
(139) Section 127(j) of the Trade Deficit Review Commission
Act (Public Law 105-277, 19 U.S.C. 2213 note) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5, United States Code''; and
[[Page 131 STAT. 4321]]
(B) in text, by striking ``the Federal Advisory
Committee Act (Public Law 92-463; 5 U.S.C. App.)'' and
inserting ``chapter 10 of title 5, United States
Code,''.
(140) Section 306(h) of the Convention on Cultural Property
Implementation Act (19 U.S.C. 2605(h)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5, United States Code''; and
(B) in text, by striking ``the Federal Advisory
Committee Act (Public Law 92-463; 5 U.S.C. Appendix I)
shall apply to the Committee except that the
requirements of subsections (a) and (b) of section 10
and section 11 of such Act'' and inserting ``chapter 10
of title 5, United States Code, shall apply to the
Committee, except that the requirements of subsections
(a) and (b) of section 1009 and section 1010 of title 5,
United States Code''.
(141) Section 102(b)(1) of the North American Free Trade
Agreement Implementation Act (19 U.S.C. 3312(b)(1)) is amended
(matter at end) by striking ``The Federal Advisory Committee Act
(5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5, United
States Code,''.
(142) Section 102(b)(1)(B) of the Uruguay Round Agreements
Act (19 U.S.C. 3512(b)(1)(B)) is amended (matter at end) by
striking ``The Federal Advisory Committee Act (5 U.S.C. App.)''
and inserting ``Chapter 10 of title 5, United States Code,''.
(143) Section 109 of the Trade Facilitation and Trade
Enforcement Act of 2015 (19 U.S.C. 4316) is amended--
(A) in subsection (d), by striking ``section 10(f)
of the Federal Advisory Committee Act (5 U.S.C. App.),''
and inserting ``section 1009(f) of title 5, United
States Code,''; and
(B) in subsection (f), by striking ``Section
14(a)(2) of the Federal Advisory Committee Act (5 U.S.C.
App.; relating to the termination of advisory
committees)'' and inserting ``Section 1013(a) of title
5, United States Code,''.
(144) Section 702(g) of the Trade Facilitation and Trade
Enforcement Act of 2015 (19 U.S.C. 4422(g)) is amended--
(A) in the subsection heading, by striking ``the
Federal Advisory Committee Act'' and inserting ``Chapter
10 of Title 5, United States Code'';
(B) in paragraph (1), by striking ``the Federal
Advisory Committee Act (5 U.S.C. App.)'' and inserting
``chapter 10 of title 5, United States Code,''; and
(C) in paragraph (2), by striking ``section 10 and
section 11 of the Federal Advisory Committee Act'' and
inserting ``section 1009 and section 1010 of title 5,
United States Code''.
(145) Section 12(g) of the National Museum of the American
Indian Act (20 U.S.C. 80q-10(g)) is amended--
(A) in the subsection heading, by striking ``the
Federal Advisory Committee Act'' and inserting ``Chapter
10 of Title 5, United States Code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
[[Page 131 STAT. 4322]]
(146) Section 114(d)(4) of the Higher Education Act of 1965
(20 U.S.C. 1011c(d)(4)) is amended--
(A) in the paragraph heading, by striking ``Federal
advisory committee act'' and inserting ``Chapter 10 of
title 5, united states code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.) shall apply to the
Committee, except that section 14 of such Act'' and
inserting ``Chapter 10 of title 5, United States Code,
shall apply to the Committee, except that section 1013
of title 5, United States Code,''.
(147) Section 491(k) of the Higher Education Act of 1965 (20
U.S.C. 1098(k)) is amended by striking ``the Federal Advisory
Committee Act (5 U.S.C. App. I)'' and inserting ``chapter 10 of
title 5, United States Code,''.
(148) Section 492(c) of the Higher Education Act of 1965 (20
U.S.C. 1098a(c)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5, United States Code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(149) Section 114(d)(1)(D) of the Vocational Education Act
of 1963 (20 U.S.C. 2324(d)(1)(D)) is amended--
(A) in the subparagraph heading, by striking
``FACA'' and inserting ``Chapter 10 of title 5, united
states code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(150) Section 9(b)(6) of the National Environmental
Education Act (20 U.S.C. 5508(b)(6)) is amended by striking
``Section 14(a) of the Federal Advisory Committee Act'' and
inserting ``Section 1013(a) of title 5, United States Code,''.
(151) Section 11(f) of the Morris K. Udall and Stewart L.
Udall Foundation Act (20 U.S.C. 5607b(f)) is amended by striking
``the Federal Advisory Committee Act (5 U.S.C. App.).'' and
inserting ``chapter 10 of title 5, United States Code.''.
(152) Section 1601(b)(4)(A) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6571(b)(4)(A)) is amended by
striking ``the Federal Advisory Committee Act (5 U.S.C. App.);''
and inserting ``chapter 10 of title 5, United States Code;''.
(153) Section 114(g) of the Education Sciences Reform Act of
2002 (20 U.S.C. 9514(g)) is amended by striking ``The Federal
Advisory Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(154) Section 302(h) of the National Assessment of
Educational Progress Authorization Act (20 U.S.C. 9621(h)) is
amended by striking ``The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply with respect to the Assessment
Board, other than sections 10, 11, and 12 of such Act.'' and
inserting ``Chapter 10 of title 5, United States Code, shall not
apply with respect to the Assessment Board, other than sections
1009, 1010, and 1011 of title 5, United States Code.''.
[[Page 131 STAT. 4323]]
(155) Section 513(b) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360c(b)) is amended--
(A) in paragraph (1), by striking ``Section 14 of
the Federal Advisory Committee Act'' and inserting
``Section 1013 of title 5, United States Code,''; and
(B) in paragraph (8), by striking the ``Federal
Advisory Committee Act.'' and inserting ``chapter 10 of
title 5, United States Code.''.
(156) Section 520(f)(3) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360j(f)(3)) is amended (matter at end)
by striking ``Section 14 of the Federal Advisory Committee Act''
and inserting ``Section 1013 of title 5, United States Code,''.
(157) Section 567(a)(4) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360bbb-6(a)(4)) is amended by striking
``Section 14 of the Federal Advisory Committee Act'' and
inserting ``Section 1013 of title 5, United States Code,''.
(158) Section 572(d)(3)(C) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360ccc-1(d)(3)(C)) is amended by
striking ``the Federal Advisory Committee Act, 5 U.S.C. App.
2.'' and inserting ``chapter 10 of title 5, United States
Code.''.
(159) Section 712(a)(1) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 379d-1(a)(1)) is amended by striking
``the Federal Advisory Committee Act'' and inserting ``chapter
10 of title 5, United States Code,''.
(160) Section 917(d) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 387q(d)) is amended--
(A) in the subsection heading, by striking ``FACA''
and inserting ``Chapter 10 of Title 5, United States
Code'';
(B) in paragraph (3)--
(i) in the paragraph heading, by striking
``faca'' and inserting ``chapter 10 of title 5,
united states code''; and
(ii) in text, by striking ``Section 14 of the
Federal Advisory Committee Act'' and inserting
``Section 1013 of title 5, United States Code,''.
(161) Section 410(h) of the Federal Meat Inspection Act (21
U.S.C. 679a(h)) is amended by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of
title 5, United States Code,''.
(162) Section 810(i)(1) of the Foreign Narcotics Kingpin
Designation Act (21 U.S.C. 1908(i)(1)) is amended by striking
``the Federal Advisory Committee Act (5 U.S.C. App.)'' and
inserting ``chapter 10 of title 5, United States Code,''.
(163) Section 543(b) of the North American Free Trade
Agreement Implementation Act (22 U.S.C. 290m-2(b)) is amended--
(A) in paragraph (1), by striking ``the Federal
Advisory Committee Act.'' and inserting ``chapter 10 of
title 5, United States Code.''; and
(B) in paragraph (4)(D), by striking ``the Federal
Advisory Committee Act.'' and inserting ``chapter 10 of
title 5, United States Code.''.
(164) Section 8(a) of the U.S. Holocaust Assets Commission
Act of 1998 (Public Law 105-186, 22 U.S.C. 1621 note) is
amended--
[[Page 131 STAT. 4324]]
(A) in the subsection heading, by striking ``FACA''
and inserting ``Chapter 10 of Title 5, United States
Code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(165) Section 301(h) of the International Travel Act of 1961
(22 U.S.C. 2124(h)) is amended by striking ``the Federal
Advisory Committee Act'' and inserting ``chapter 10 of title 5,
United States Code,''.
(166) Section 234A(b)(4) of the Foreign Assistance Act of
1961 (22 U.S.C. 2194b(b)(4)) is amended--
(A) in the paragraph heading, by striking ``Federal
advisory committee act'' and inserting ``Chapter 10 of
title 5, united states code''; and
(B) in text, by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.).'' and inserting ``chapter
10 of title 5, United States Code.''.
(167) Section 637(g) of the HELP Commission Act (22 U.S.C.
2394b(g)) is amended by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of
title 5, United States Code,''.
(168) Section 8D(f) of the Peace Corps Act (22 U.S.C.
2507d(f)) is amended--
(A) in the subsection heading, by striking ``FACA''
and inserting ``Chapter 10 of Title 5, United States
Code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(169) Section 406(f)(3) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 4356(f)(3)) is amended by
striking ``The Federal Advisory Committee Act shall not apply to
the Advisory Committee to the extent that the provisions of this
title are inconsistent with that Act.'' and inserting ``Chapter
10 of title 5, United States Code, shall not apply to the
Advisory Committee to the extent that the provisions of this
title are inconsistent with that chapter.''.
(170) Section 303(d) of the Diplomatic Security Act (22
U.S.C. 4833(d)) is amended by striking ``the Federal Advisory
Committee Act (5 U.S.C. App. 1 et seq.)'' and inserting
``chapter 10 of title 5, United States Code,''.
(171) Section 202(e) of the Support for East European
Democracy (SEED) Act of 1989 (22 U.S.C. 5422(e)) is amended by
striking ``the Federal Advisory Committee Act (5 U.S.C. App.).''
and inserting ``chapter 10 of title 5, United States Code.''.
(172) Section 206 of the International Religious Freedom Act
of 1998 (22 U.S.C. 6434) is amended by striking ``The Federal
Advisory Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(173) Section 1238(g) of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (22 U.S.C.
7002(g)) is amended--
(A) in the subsection heading, by striking ``FACA''
and inserting ``Chapter 10 of Title 5, United States
Code''; and
[[Page 131 STAT. 4325]]
(B) in text, by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``chapter
10 of title 5, United States Code,''.
(174) Section 5204(h)(2) of the Intelligent Transportation
Systems Act of 1998 (Public Law 105-178, 23 U.S.C. 502 note) is
amended--
(A) in the paragraph heading, by striking ``federal
advisory committee act'' and inserting ``chapter 10 of
title 5, united states code''; and
(B) in text, by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.).'' and inserting ``chapter
10 of title 5, United States Code.''.
(175) Section 6011(i) of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240, 23
U.S.C. 502 note) is amended by striking ``Section 14 of the
Federal Advisory Committee Act'' and inserting ``Section 1013 of
title 5, United States Code,''.
(176) Section 5305(h)(5) of SAFETEA-LU (Public Law 109-59,
23 U.S.C. 512 note) is amended--
(A) in the paragraph heading, by striking ``federal
advisory committee act'' and inserting ``chapter 10 of
title 5, united states code''; and
(B) in text, by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.).'' and inserting ``chapter
10 of title 5, United States Code.''.
(177) Section 5307(a)(4)(B) of SAFETEA-LU (Public Law 109-
59, 23 U.S.C. 512 note) is amended--
(A) in the subparagraph heading, by striking
``advisory committee act'' and inserting ``chapter 10 of
title 5, united states code''; and
(B) in text, by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.).'' and inserting ``chapter
10 of title 5, United States Code.''.
(178) Section 515(h)(5) of title 23, United States Code, is
amended--
(A) in the paragraph heading, by striking ``federal
advisory committee act'' and inserting ``chapter 10 of
title 5, united states code''; and
(B) in text, by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.).'' and inserting ``chapter
10 of title 5, United States Code.''.
(179) Section 4(d)(2) of the Saint Elizabeths Hospital and
District of Columbia Mental Health Services Act (24 U.S.C.
225b(d)(2)) is amended by striking ``the Federal Advisory
Committee Act.'' and inserting ``chapter 10 of title 5, United
States Code.''.
(180) Section 19 of Public Law 103-435 (25 U.S.C. 166) is
amended--
(A) in the section heading, by striking ``FEDERAL
ADVISORY COMMITTEE ACT'' and inserting ``CHAPTER 10 OF
TITLE 5, UNITED STATES CODE''; and
(B) in text, by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.).'' and inserting ``chapter
10 of title 5, United States Code.''.
(181) Section 3307(j) of the Youth Drug and Mental Health
Services Act (Public Law 106-310, 25 U.S.C. 1671 note) is
[[Page 131 STAT. 4326]]
amended by striking ``Section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Section 1013 of
title 5, United States Code,''.
(182) Section 1138(b) of the Education Amendments of 1978
(25 U.S.C. 2018(b)) is amended--
(A) in paragraph (3)(E), by striking ``the Federal
Advisory Committee Act (5 U.S.C. App.).'' and inserting
``chapter 10 of title 5, United States Code.''; and
(B) in paragraph (4), by striking ``section 7(d) of
the Federal Advisory Committee Act,'' and inserting
``section 1006(d) of title 5, United States Code,''.
(183) Section 15(m) of the Indian Law Enforcement Reform Act
(25 U.S.C. 2812(m)) is amended--
(A) in the subsection heading, by striking ``FACA''
and inserting ``Chapter 10 of Title 5, United States
Code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(184) Section 306(c) of the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4046(c)) is amended--
(A) in the subsection heading, by striking ``FACA''
and inserting ``Chapter 10 of Title 5, United States
Code''; and
(B) in text, by striking ``the Federal Advisory
Committee Act.'' and inserting ``chapter 10 of title 5,
United States Code.''.
(185) Section 9 of the Indian Tribal Regulatory Reform and
Business Development Act of 2000 (Public Law 106-447, 25 U.S.C.
4301 note) is amended--
(A) in the section heading, by striking ``FEDERAL
ADVISORY COMMITTEE ACT'' and inserting ``CHAPTER 10 OF
TITLE, UNITED STATES CODE''; and
(B) in text, by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.).'' and inserting ``chapter
10 of title 5, United States Code.''.
(186) Section 15(d)(2)(F) of the Wagner-Peyser Act (29
U.S.C. 49l-2(d)(2)(F)) is amended by striking ``Section 14 of
the Federal Advisory Committee Act (5 U.S.C. App.)'' and
inserting ``Section 1013 of title 5, United States Code,''.
(187) Section 205(i) of the Rehabilitation Act of 1973 (29
U.S.C. 765(i)) is amended by striking ``Section 14 of the
Federal Advisory Committee Act (5 U.S.C. App.)'' and inserting
``Section 1013 of title 5, United States Code,''.
(188) Section 904(a)(6) of the Food and Drug Administration
Safety and Innovation Act (Public Law 112-144, 29 U.S.C. 792
note) is amended--
(A) in the paragraph heading, by striking ``FACA
waiver'' and inserting ``Waiver of chapter 10 of title
5, united states code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(189) Section 512(e) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1142(e)) is amended by striking
``Section 14(a) of the Federal Advisory Committee Act (relating
[[Page 131 STAT. 4327]]
to termination)'' and inserting ``Section 1013(a) of title 5,
United States Code (relating to termination),''.
(190) Section 517(f)(3) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1147(f)(3)) is amended--
(A) in the paragraph heading, by striking ``FACA''
and inserting ``Chapter 10 of title 5, united states
code''; and
(B) in text, by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``chapter
10 of title 5, United States Code,''.
(191) Section 4002(h)(8) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1302(h)(8)) is amended by
striking ``The Federal Advisory Committee Act'' and inserting
``Chapter 10 of title 5, United States Code,''.
(192) Section 166(i)(4)(G) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3221(i)(4)(G)) is amended by striking
``Section 14 of the Federal Advisory Committee Act (5 U.S.C.
App.)'' and inserting ``Section 1013 of title 5, United States
Code,''.
(193) Section 9(f) of the Mining and Mineral Resources
Institutes Act (30 U.S.C. 1229(f)) is amended by striking
``Section 10 of the Federal Advisory Committee Act (5 U.S.C.
App.)'' and inserting ``Section 1009 of title 5, United States
Code,''.
(194) Section 624(d) of the Treasury and General Government
Appropriations Act, 2001 (Public Law 106-554, 31 U.S.C. 1105
note) is amended by striking ``the Federal Advisory Committee
Act (5 U.S.C. App.).'' and inserting ``chapter 10 of title 5,
United States Code.''.
(195) Section 202(c)(2) of the Government Securities Act
Amendments of 1993 (Public Law 103-202, 31 U.S.C. 3121 note) is
amended by striking ``section 10(c) of the Federal Advisory
Committee Act'' and inserting ``section 1009(c) of title 5,
United States Code,''.
(196) Section 5135(h) of title 31, United States Code, is
amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5''; and
(B) in text, by striking ``the Federal Advisory
Committee Act'' and inserting ``chapter 10 of title 5''.
(197) Section 1564(c) of the Annunzio-Wylie Anti-Money
Laundering Act (Public Law 102-550, 31 U.S.C. 5311 note) is
amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5, United States Code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(198) Section 8(f)(9) of the National Dam Safety Program Act
(33 U.S.C. 467f(f)(9)) is amended--
(A) in the paragraph heading, by striking ``federal
advisory committee act'' and inserting ``chapter 10 of
title 5, united states code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
[[Page 131 STAT. 4328]]
(199) Section 8004(g)(2)(D) of the Water Resources
Development Act of 2007 (Public Law 110-114, 33 U.S.C. 652 note)
is amended--
(A) in the subparagraph heading, by striking
``federal advisory committee act'' and inserting
``chapter 10 of title 5, united states code''; and
(B) in text, by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.).'' and inserting ``chapter
10 of title 5, United States Code.''.
(200) Section 3(a) of the Oceans Act of 2000 (Public Law
106-256, 33 U.S.C. 857-19 note) is amended by striking ``The
Federal Advisory Committee Act (5 U.S.C. App.), except for
sections 3, 7, and 12,'' and inserting ``Chapter 10 of title 5,
United States Code, except for sections 1001, 1006, and 1011,''.
(201) Section 311(t)(2)(C)(viii) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(t)(2)(C)(viii)) is
amended--
(A) in the clause heading, by striking ``federal
advisory committee act'' and inserting ``chapter 10 of
title 5, united states code''; and
(B) in text, by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.).'' and inserting ``chapter
10 of title 5, United States Code.''.
(202) Section 302(f) of the Water Resources Development Act
of 1986 (33 U.S.C. 2251(f)) is amended--
(A) in paragraph (1) by striking ``the Federal
Advisory Committee Act (5 U.S.C. App.), other than
section 14,'' and inserting ``chapter 10 of title 5,
United States Code, other than section 1013,''; and
(B) in paragraph (2), by striking ``the Federal
Advisory Committee Act (5 U.S.C. App.),'' and inserting
``chapter 10 of title 5, United States Code,''.
(203) Section 2034(j) of the Water Resources Development Act
of 2007 (33 U.S.C. 2343(j)) is amended--
(A) in the subsection heading, by striking ``FACA''
and inserting ``Chapter 10 of Title 5, United States
Code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(204) Section 2035(g) of the Water Resources Development Act
of 2007 (33 U.S.C. 2344(g)) is amended--
(A) in the subsection heading, by striking ``FACA''
and inserting ``Chapter 10 of Title 5, United States
Code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(205) Section 5008(c) of the Oil Pollution Act of 1990 (33
U.S.C. 2738(c)) is amended by striking ``The Federal Advisory
Committee Act (5 U.S.C. App. 2)'' and inserting ``Chapter 10 of
title 5, United States Code,''.
(206) Section 903(b) of the Oceans and Human Health Act (33
U.S.C. 3102(b)) is amended by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of
title 5, United States Code,''.
(207) Section 9003(h) of the National Levee Safety Act of
2007 (33 U.S.C. 3302(h)) is amended--
[[Page 131 STAT. 4329]]
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5, United States Code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(208) Section 12005(b) of the Omnibus Public Land Management
Act of 2009 (33 U.S.C. 3405(b)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5, United States Code''; and
(B) in text, by striking ``Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.)'' and inserting
``Section 1013 of title 5, United States Code,''.
(209) Section 12304(d)(4)(E) of the Integrated Coastal and
Ocean Observation System Act of 2009 (33 U.S.C. 3603(d)(4)(E))
is amended by striking ``Section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Section 1013 of
title 5, United States Code,''.
(210) Section 807(e) of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10226(e)) is amended by striking
``the Federal Advisory Committee Act (5 U.S.C. App.).'' and
inserting ``chapter 10 of title 5, United States Code.''.
(211) Section 210303(b)(2) of the DNA Identification Act of
1994 (34 U.S.C. 12591(b)(2)) is amended by striking ``Section 14
of the Federal Advisory Committee Act (5 U.S.C. App.)'' and
inserting ``Section 1013 of title 5, United States Code,''.
(212) Section 7(n) of the Prison Rape Elimination Act of
2003 (34 U.S.C. 30306(n)) is amended by striking ``the Federal
Advisory Committee Act.'' and inserting ``chapter 10 of title 5,
United States Code.''.
(213) Section 215(d) of the National Crime Prevention and
Privacy Compact Act of 1998 (34 U.S.C. 40314(d)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5, United States Code''; and
(B) in text, by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.).'' and inserting ``chapter
10 of title 5, United States Code.''.
(214) Section 217 [Article VIII(a) of the National Crime
Prevention and Privacy Compact] of the National Crime Prevention
and Privacy Compact Act of 1998 (34 U.S.C. 40316) is amended by
striking ``the Federal Advisory Committee Act (5 U.S.C. App.)''
and inserting ``chapter 10 of title 5, United States Code,''.
(215) Section 5(h) of title 35, United States Code, is
amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5''.
(216) Section 8(b) of the World War I Centennial Commission
Act (Public Law 112-272, 36 U.S.C. note prec. 101) is amended--
[[Page 131 STAT. 4330]]
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5, United States Code'';
(B) in paragraph (1), by striking ``the Federal
Advisory Committee Act (5 U.S.C. App.)'' and inserting
``chapter 10 of title 5, United States Code,''; and
(C) in paragraph (2), by striking ``Section 14(a)(2)
of such Act'' and inserting ``Section 1013(a) of title
5, United States Code,''.
(217) Section 545(d) of title 38, United States Code, is
amended--
(A) in paragraph (1), by striking ``the Federal
Advisory Committee Act (5 U.S.C. App.)'' and inserting
``chapter 10 of title 5''; and
(B) in paragraph (2), by striking ``Section 14 of
such Act'' and inserting ``Section 1013 of title 5''.
(218) Section 546(f) of title 38, United States Code, is
amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5'';
(B) in paragraph (1), by striking ``the Federal
Advisory Committee Act (5 U.S.C. App.)'' and inserting
``chapter 10 of title 5''; and
(C) in paragraph (2), by striking ``Section 14 of
such Act'' and inserting ``Section 1013 of title 5''.
(219) Section 7314(d)(4) of title 38, United States Code, is
amended by striking ``the Federal Advisory Committee Act.'' and
inserting ``chapter 10 of title 5.''.
(220) Section 7320(e)(4) of title 38, United States Code, is
amended by striking ``the Federal Advisory Committee Act (5
U.S.C. App.).'' and inserting ``chapter 10 of title 5.''.
(221) Section 2(b)(4) of the Department of Veterans Affairs
Emergency Preparedness Act of 2002 (Public Law 107-287, 38
U.S.C. 7325 note) is amended by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.).'' and inserting ``chapter 10 of
title 5, United States Code.''.
(222) Section 303(a) of the Veterans Health Programs
Improvement Act of 2004 (Public Law 108-422, 38 U.S.C. 7328
note) is amended by striking ``the Federal Advisory Committee
Act (5 U.S.C. App.).'' and inserting ``chapter 10 of title 5,
United States Code.''.
(223) Section 7329(d)(4) of title 38, United States Code, is
amended by striking ``the Federal Advisory Committee Act.'' and
inserting ``chapter 10 of title 5.''.
(224) Section 7330(d)(4) of title 38, United States Code, is
amended by striking ``the Federal Advisory Committee Act.'' and
inserting ``chapter 10 of title 5.''.
(225) Section 7330A(c)(5) of title 38, United States Code,
is amended by striking ``the Federal Advisory Committee Act.''
and inserting ``chapter 10 of title 5.''.
(226) Section 407(b)(3) of title 39, United States Code, is
amended by striking ``the Federal Advisory Committee Act)'' and
inserting ``chapter 10 of title 5)''.
(227) Section 217(d) of the Public Health Service Act (42
U.S.C. 218(d)) is amended by striking ``Section 14(a) of the
[[Page 131 STAT. 4331]]
Federal Advisory Committee Act'' and inserting ``Section 1013(a)
of title 5, United States Code,''.
(228) Section 319L(e)(2) of the Public Health Service Act
(42 U.S.C. 247d-7e(e)(2)) is amended by striking ``section 14 of
the Federal Advisory Committee Act,'' and inserting ``section
1013 of title 5, United States Code,''.
(229) Section 337(c) of the Public Health Service Act (42
U.S.C. 254j(c)) is amended by striking ``Section 14 of the
Federal Advisory Committee Act'' and inserting ``Section 1013 of
title 5, United States Code,''.
(230) Section 399U(e) of the Public Health Service Act (42
U.S.C. 280g-10(e)) is amended by striking ``Appendix 2 of title
5, United States Code.'' and inserting ``chapter 10 of title 5,
United States Code.''.
(231) Section 402(b) (matter after last paragraph) of the
Public Health Service Act (42 U.S.C. 282(b) (matter after last
paragraph)) is amended by striking ``The Federal Advisory
Committee Act'' and inserting ``Chapter 10 of title 5, United
States Code,''.
(232) Section 405(c) (matter after paragraph (4)) of the
Public Health Service Act (42 U.S.C. 284(c)) is amended by
striking ``The Federal Advisory Committee Act'' and inserting
``Chapter 10 of title 5, United States Code,''.
(233) Section 14(d) of the Best Pharmaceuticals for Children
Act (42 U.S.C. 284m-1(d)) is amended by striking ``section 14 of
the Federal Advisory Committee Act,'' and inserting ``section
1013 of title 5, United States Code,''.
(234) Section 452(c)(1) (matter after subparagraph (F)) of
the Public Health Service Act (42 U.S.C. 285g-4(c)(1)) is
amended by striking ``The Federal Advisory Committee Act'' and
inserting ``Chapter 10 of title 5, United States Code,''.
(235) Section 3(d)(1) of the ICCVAM Authorization Act of
2000 (42 U.S.C. 285l-3(d)(1)) is amended by striking ``the
Federal Advisory Committee Act.'' and inserting ``chapter 10 of
title 5, United States Code.''.
(236) Section 501(h) of the Public Health Service Act (42
U.S.C. 290aa(h)) is amended by striking ``The Federal Advisory
Committee Act'' and inserting ``Chapter 10 of title 5, United
States Code,''.
(237) Section 749(g) of the Public Health Service Act (42
U.S.C. 293l(g)) is amended--
(A) in the subsection heading, by striking ``FACA''
and inserting ``Chapter 10 of Title 5, United States
Code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act shall apply to the Advisory Committee
under this section only to the extent that the
provisions of such Act'' and inserting ``Chapter 10 of
title 5, United States Code, shall apply to the Advisory
Committee under this section only to the extent that the
provisions of chapter 10 of title 5, United States
Code,''.
(238) Section 757(g) of the Public Health Service Act (42
U.S.C. 294f(g)) is amended--
(A) in the subsection heading, by striking ``FACA''
and inserting ``Chapter 10 of Title 5, United States
Code''; and
[[Page 131 STAT. 4332]]
(B) in text, by striking ``The Federal Advisory
Committee Act shall apply to the Advisory Committee
under this section only to the extent that the
provisions of such Act'' and inserting ``Chapter 10 of
title 5, United States Code, shall apply to the Advisory
Committee under this section only to the extent that the
provisions of chapter 10 of title 5, United States
Code,''.
(239) Section 5101(c)(1) of the Patient Protection and
Affordable Care Act (42 U.S.C. 294q(c)(1)) is amended by
striking ``section 5 of the Federal Advisory Committee Act (5
U.S.C. App.).'' and inserting ``section 1004 of title 5, United
States Code.''.
(240) Section 851(h) of the Public Health Service Act (42
U.S.C. 297t(h)) is amended--
(A) in the subsection heading, by striking ``FACA''
and inserting ``Chapter 10 of Title 5, United States
Code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act shall apply to the Advisory Committee
under this section only to the extent that the
provisions of such Act'' and inserting ``Chapter 10 of
title 5, United States Code, shall apply to the Advisory
Committee under this section only to the extent that the
provisions of chapter 10 of title 5, United States
Code,''.
(241) Section 915(a)(5) of the Public Health Service Act (42
U.S.C. 299b-4(a)(5)) is amended by striking ``Appendix 2 of
title 5, United States Code.'' and inserting ``chapter 10 of
title 5, United States Code.''.
(242) Section 942(j) of the Public Health Service Act (42
U.S.C. 299c(j)) is amended by striking ``section 14(a) of the
Federal Advisory Committee Act,'' and inserting ``section
1013(a) of title 5, United States Code,''.
(243) Section 941(c)(3) of the Public Health Service Act (42
U.S.C. 299c-1(c)(3)) is amended by striking ``section 14(a) of
the Federal Advisory Committee Act,'' and inserting ``section
1013(a) of title 5, United States Code,''.
(244) Section 1111(g) of the Public Health Service Act (42
U.S.C. 300b-10(g)) is amended--
(A) in paragraph (1), by striking ``section 14 of
the Federal Advisory Committee Act,'' and inserting
``section 1013 of title 5, United States Code,''; and
(B) in paragraph (2), by striking ``the Federal
Advisory Committee Act, an advisory committee
established by the President or an officer of the
Federal Government under section 9(a) of such Act.'' and
inserting ``chapter 10 of title 5, United States Code,
an advisory committed established by the President or an
officer of the Federal Government under section 1008(a)
of title 5, United States Code.''.
(245) Section 1446(d) of the Public Health Service Act (42
U.S.C. 300j-5(d)) is amended by striking ``Section 14(a) of the
Federal Advisory Committee Act (relating to termination)'' and
inserting ``Section 1013(a) of title 5, United States Code
(relating to termination),''.
(246) Section 3002(e) of the Public Health Service Act (42
U.S.C. 300jj-12(e)) is amended--
[[Page 131 STAT. 4333]]
(A) in the subsection heading, by striking ``FACA''
and inserting ``Chapter 10 of Title 5, United States
Code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.), other than section 14 of
such Act,'' and inserting ``Chapter 10 of title 5,
United States Code, other than section 1013 of title 5,
United States Code,''.
(247) Section 3302(a)(6) of the Public Health Service Act
(42 U.S.C. 300mm-1(a)(6)) is amended--
(A) in the paragraph heading, by striking ``faca''
and inserting ``chapter 10 of title 5, united states
code''; and
(B) in text, by striking ``the Federal Advisory
Committee Act.'' and inserting ``Chapter 10 of title 5,
United States Code.''.
(248) Section 3(b)(3) of the Social Security Disability
Benefits Reform Act of 1984 (Public Law 98-460, 42 U.S.C. 423
note) is amended by striking ``the Federal Advisory Committee
Act)'' and inserting ``Chapter 10 of title 5, United States
Code)''.
(249) Section 703(h) of the Social Security Act (42 U.S.C.
903(h)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5, United States Code''; and
(B) in text, by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.).'' and inserting ``chapter
10 of title 5, United States Code.''.
(250) Section 5006(e)(1) of the American Recovery and
Reinvestment Act of 2009 (42 U.S.C. 1320b-24) is amended by
striking ``the Federal Advisory Committee Act (5 U.S.C. App.)''
and inserting ``chapter 10 of title 5, United States Code,''.
(251) Section 1834A(f)(2) of the Social Security Act (42
U.S.C. 1395m-1(f)(2)) is amended--
(A) in the paragraph heading, by striking ``faca''
and inserting ``chapter 10 of title 5, united states
code''; and
(B) in text, by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.).'' and inserting ``chapter
10 of title 5, United States Code.''.
(252) Section 1847(c)(4) of the Social Security Act (42
U.S.C. 1395w-3(c)(4)) is amended--
(A) in the paragraph heading, by striking ``faca''
and inserting ``chapter 10 of title 5, united states
code''; and
(B) in text, by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``chapter
10 of title 5, United States Code,''.
(253) Section 3134(b)(1)(A) of the Patient Protection and
Affordable Care Act (Public Law 111-148, 42 U.S.C. 1395w-4 note)
is amended by striking ``the Federal Advisory Committee Act (5
U.S.C. App.)'' and inserting ``chapter 10 of title 5, United
States Code,''.
(254) Section 4012(c) of the Balanced Budget Act of 1997
(Pub. L. 105-33, 42 U.S.C. 1395w-23 note) is amended by striking
``section 9(c) of the Federal Advisory Committee Act
[[Page 131 STAT. 4334]]
(5 U.S.C. App.),'' and inserting ``section 1008(c) of title 5,
United States Code,''.
(255) Section 1868(c)(1)(G) of the Social Security Act (42
U.S.C. 1395ee(c)(1)(G)) is amended by striking ``Section 14 of
the Federal Advisory Committee Act (5 U.S.C. App.)'' and
inserting ``Section 1013 of title 5, United States Code,''.
(256) Section 2021(j) of the Social Security Act (42 U.S.C.
1397k(j)) is amended by striking ``Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.)'' and inserting ``Section
1013 of title 5, United States Code,''.
(257) Section 2022(j) of the Social Security Act (42 U.S.C.
1397k-1(j)) is amended by striking ``Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.)'' and inserting ``Section
1013 of title 5, United States Code,''.
(258) Section 23(j) of the National Science Foundation
Authorization Act of 2002 (42 U.S.C. 1862n-9(j)) is amended by
striking ``Section 14 of the Federal Advisory Committee Act''
and inserting ``Section 1013 of title 5, United States Code,''.
(259) Section 1061(l)(2) of the National Security
Intelligence Reform Act of 2004 (42 U.S.C. 2000ee(l)(2)) is
amended by striking ``section 3(2) of the Federal Advisory
Committee Act (5 U.S.C. App.)).'' and inserting ``section
1001(2) of title 5, United States Code).''.
(260) Section 170(l) of the Atomic Energy Damages Act (42
U.S.C. 2210(l)) is amended--
(A) in paragraph (1), by striking ``the Federal
Advisory Committee Act (5 U.S.C. App.)'' and inserting
``chapter 10 of title 5, United States Code,''; and
(B) in paragraph (4)--
(i) in subparagraph (A), by striking ``the
Federal Advisory Committee Act (5 U.S.C. App.) and
title 5, United States Code.'' and inserting
``title 5, United States Code.''; and
(ii) in subparagraphs (E) and (F), by striking
``the Federal Advisory Committee Act (5 U.S.C.
App.)'' and inserting ``chapter 10 of title 5,
United States Code,''.
(261) Section 308 of the Denali Commission Act of 1998
(Public Law 105-277, 42 U.S.C. 3121 note) is amended--
(A) in the section heading, by striking ``FEDERAL
ADVISORY COMMITTEE ACT'' and inserting ``CHAPTER 10 OF
TITLE 5, UNITED STATES CODE''; and
(B) in text, by striking ``The Federal Advisory
Committee Act'' and inserting ``Chapter 10 of title 5,
United States Code,''.
(262) Section 309(b)(5) of the Denali Commission Act of 1998
(Public Law 105-277, 42 U.S.C. 3121 note) is amended--
(A) in the paragraph heading, by striking ``FACA''
and inserting ``Chapter 10 of title 5, united states
code,''; and
(B) in text by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``chapter
10 of title 5, United States Code,''.
(263) Section 1345(b) of the National Flood Insurance Act of
1968 (42 U.S.C. 4081(b)) is amended by striking ``the Federal
Advisory Committee Act (5 U.S.C. App.).'' and inserting
``chapter 10 of title 5, United States Code.''.
[[Page 131 STAT. 4335]]
(264) Section 106(g) of the Energy Reorganization Act of
1974 (42 U.S.C. 5816(g)) is amended by striking ``the Federal
Advisory Committee Act (Public Law 92-463),'' and inserting
``chapter 10 of title 5, United States Code,''.
(265) Section 253(c)(1) of the Energy Policy and
Conservation Act (42 U.S.C. 6273(c)(1)) is amended by striking
``sections 10 and 11 of the Federal Advisory Committee Act,''
and inserting ``sections 1009 and 1010 of title 5, United States
Code,''.
(266) Section 624 of the Department of Energy Organization
Act (42 U.S.C. 7234) is amended by striking ``the Federal
Advisory Committee Act'' and inserting ``chapter 10 of title 5,
United States Code,''.
(267) Section 3112 of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136, 42 U.S.C. 7234 note)
is amended--
(A) in the section heading, by striking ``FEDERAL
ADVISORY COMMITTEE ACT'' and inserting ``CHAPTER 10 OF
TITLE 5, UNITED STATES CODE,''; and
(B) in text, by striking ``section 3 of the Federal
Advisory Committee Act (5 U.S.C. App.).'' and inserting
``section 1001 of title 5, United States Code.''.
(268) Section 3142(f) of the Department of Energy Facilities
Safeguards, Security, and Counterintelligence Enhancement Act of
1999 (42 U.S.C. 7383(f)) is amended--
(A) in the subsection heading, by striking ``FACA''
and inserting ``Chapter 10 of Title 5, United States
Code''; and
(B) in text, by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``chapter
10 of title 5, United States Code,''.
(269) Section 169B(c)(4) of the Clean Air Act (42 U.S.C.
7492(c)(4)) is amended by striking ``the Federal Advisory
Committee Act (5 U.S.C. Appendix 2, Section 1).'' and inserting
``chapter 10 of title 5, United States Code.''.
(270) Section 176A(b)(2) of the Clean Air Act (42 U.S.C.
7506a(b)(2)) is amended by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.).'' and inserting ``chapter 10 of
title 5, United States Code.''.
(271) Section 5(a)(5)(D) of the Earthquake Hazards Reduction
Act of 1977 (42 U.S.C. 7704(a)(5)(D)) is amended--
(A) in the subparagraph heading, by striking
``Federal advisory committee act application'' and
inserting ``Application of chapter 10 of title 5, united
states code''; and
(B) in text, by striking ``Section 14 of the Federal
Advisory Committee Act (5 App. U.S.C. 14)'' and
inserting ``Section 1013 of title 5, United States
Code,''.
(272) Section 172(e) of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10173b(e)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5, United States Code''; and
(B) in text, by striking ``the Federal Advisory
Committee Act'' and inserting ``chapter 10 of title 5,
United States Code,''.
[[Page 131 STAT. 4336]]
(273) Section 408(10) of the Nuclear Waste Policy Act of
1982 (42 U.S.C. 10248(10)) is amended by striking ``the Federal
Advisory Committee Act (5 U.S.C. App.).'' and inserting
``chapter 10 of title 5, United States Code.''.
(274) Section 163(c) of the National and Community Service
Act of 1990 (42 U.S.C. 12623(c)) is amended by striking
``Section 14 of the Federal Advisory Committee Act (5 U.S.C.
App.)'' and inserting ``Section 1013 of title 5, United States
Code,''.
(275) Section 192A(h) of the National and Community Service
Act of 1990 (42 U.S.C. 12651b(h)) is amended by striking ``The
Federal Advisory Committee Act (5 U.S.C. App.)'' and inserting
``Chapter 10 of title 5, United States Code,''.
(276) Section 103(h)(7) of the Energy Policy Act of 1992 (42
U.S.C. 13458(h)(7)) is amended by striking ``Section 14 of the
Federal Advisory Committee Act'' and inserting ``Section 1013 of
title 5, United States Code,''.
(277) Section 205(e) of the National Windstorm Impact
Reduction Act of 2004 (42 U.S.C. 15704(e)) is amended by
striking ``section 14(b)(2) of the Federal Advisory Committee
Act (5 U.S.C. App.), the Advisory Committee shall not be
required to file a charter subsequent to its initial charter,
filed under section 9(c) of such Act,'' and inserting ``section
1013(b)(2) of title 5, United States Code, the Advisory
Committee shall not be required to file a charter subsequent to
its initial charter, filed under section 1008(c) of title 5,
United States Code,''.
(278) Section 990(b) of the Energy Research, Development,
Demonstration, and Commercial Application Act of 2005 (42 U.S.C.
16354(b)) is amended by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``chapter 10 of
title 5, United States Code,''.
(279) Section 494(e) of the Energy Independence and Security
Act of 2007 (42 U.S.C. 17123(e)) is amended--
(A) in the subsection heading, by striking ``FACA
Exemption'' and inserting ``Exemption From Chapter 10 of
Title 5, United States Code''; and
(B) in text, by striking ``section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.).'' and inserting
``section 1013 of title 5, United States Code.''.
(280) Section 641(e)(3)(B) of the United States Energy
Storage Competitiveness Act of 2007 (42 U.S.C. 17231(e)(3)(B))
is amended--
(A) in the subparagraph heading, by striking
``Federal advisory committee act'' and inserting
``Chapter 10 of title 5, united states code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(281) Section 1303(a)(3) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17383(a)(3)) is amended--
(A) in the paragraph heading, by striking ``federal
advisory committee act'' and inserting ``chapter 10 of
title 5, united states code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
[[Page 131 STAT. 4337]]
(282) Section 1322(b)(4)(E) of the Patient Protection and
Affordable Care Act (42 U.S.C. 18042(b)(4)(E)) is amended--
(A) in the subparagraph heading, by striking
``faca'' and inserting ``chapter 10 of title 5, united
states code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.) shall apply to the
advisory board, except that section 14 of such Act'' and
inserting ``Chapter 10 of title 5, United States Code,
shall apply to the advisory board, except that section
1013 of title 5, United States Code,''.
(283) Section 205 of the Energy and Water Development
Appropriations Act, 1993 (43 U.S.C. 1475a) is amended by
striking ``the Federal Advisory Committee Act (5 U.S.C. Appendix
(1988)):'' and inserting ``chapter 10 of title 5, United States
Code:''.
(284) Section 4(b) of the Colorado River Floodway Protection
Act (43 U.S.C. 1600b(b)) is amended by striking ``the Federal
Advisory Committee Act (Public Law 92-463; 5 U.S.C. App. I)''
and inserting ``chapter 10 of title 5, United States Code,''.
(285) Section 309(a) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1739(a)) is amended by
striking ``the Federal Advisory Committee Act (86 Stat. 770; 5
U.S.C. App. 1).'' and inserting ``chapter 10 of title 5, United
States Code.''.
(286) Section 8(d)(2) of the President John F. Kennedy
Assassination Records Collection Act of 1992 (Public Law 102-
526, 44 U.S.C. 2107 note) is amended by striking ``the Federal
Advisory Committee Act (5 U.S.C. App.).'' and inserting
``chapter 10 of title 5, United States Code.''.
(287) Section 2701(b) of title 44, United States Code, is
amended by striking ``the Federal Advisory Committee Act (5
U.S.C. App.), except that the Committee shall be of permanent
duration, notwithstanding any provision of section 14 of the
Federal Advisory Committee Act.'' and inserting ``chapter 10 of
title 5, except that the Committee shall be of permanent
duration, notwithstanding any provision of section 1013 of title
5.''.
(288) Section 1168(a) of the Northeast Rail Service Act of
1981 (45 U.S.C. 1116(a)) is amended by striking ``the Federal
Advisory Committee Act,'' and inserting ``chapter 10 of title 5,
United States Code,''.
(289) Section 613(a) of the Alaska Railroad Transfer Act of
1982 (45 U.S.C. 1212(a)) is amended by striking ``the Federal
Advisory Committee Act (5 U.S.C. App. 1 et seq.),'' and
inserting ``chapter 10 of title 5, United States Code,''.
(290) Section 7510(c)(9) of title 46, United States Code, is
amended--
(A) in the paragraph heading, by striking ``FACA''
and inserting ``Chapter 10 of title 5''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5''.
(291) Section 9307 of title 46, United States Code, is
amended--
[[Page 131 STAT. 4338]]
(A) in subsection (c)(2), by striking ``section
10(c) of the Federal Advisory Committee Act (5 U.S.C.
App.).'' and inserting ``section 1009(c) of title 5.'';
and
(B) in subsection (f)(1), by striking ``The Federal
Advisory Committee Act (5 U.S.C. App.)'' and inserting
``Chapter 10 of title 5''.
(292) Section 51313(d) of title 46, United States Code, is
amended by striking ``The Federal Advisory Committee Act (5 App.
U.S.C.)'' and inserting ``Chapter 10 of title 5''.
(293) Section 109(a)(2) of the Maritime Transportation
Security Act of 2002 (Public Law 107-295, 46 U.S.C. 70101 note)
is amended by striking ``the Federal Advisory Committee Act (5
U.S.C. App.),'' and inserting ``chapter 10 of title 5, United
States Code,''.
(294) Section 70112(b)(4)(B) of title 46, United States
Code, is amended by striking ``section 10(c) of the Federal
Advisory Committee Act (5 U.S.C. App.).'' and inserting
``section 1009(c) of title 5.''.
(295) Section 70112(b)(7) of title 46, United States Code,
is amended--
(A) in the paragraph heading, by striking ``FACA''
and inserting ``Chapter 10 of title 5''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5''.
(296) Section 332(b)(4) of the Communications Act of 1934
(47 U.S.C. 332(b)(4)) is amended by striking ``the Federal
Advisory Committee Act.'' and inserting ``chapter 10 of title 5,
United States Code.''.
(297) Section 201(h) of the Twenty-First Century
Communications and Video Accessibility Act of 2010 (Public Law
111-260, 47 U.S.C. 613 note) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5, United States Code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(298) Section 106(f) of the Twenty-First Century
Communications and Video Accessibility Act of 2010 (47 U.S.C.
615c(f)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5, United States Code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(299) Section 113 of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 923) is
amended--
(A) in subsection (h)(3)(E), by striking ``The
Federal Advisory Committee Act (5 U.S.C. App.)'' and
inserting ``Chapter 10 of title 5, United States
Code,''; and
(B) in subsection (i)(9), by striking ``The Federal
Advisory Committee Act (5 U.S.C. App.)'' and inserting
``Chapter 10 of title 5, United States Code,''.
[[Page 131 STAT. 4339]]
(300) Section 603(f) of the Warning, Alert, and Response
Network Act (47 U.S.C. 1202(f)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5, United States Code''; and
(B) in text, by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.) nor any rule, order, or
regulation promulgated under that Act'' and inserting
``chapter 10 of title 5, United States Code, nor any
rule, order, or regulation promulgated under that
chapter''.
(301) Section 6203(e) of the Middle Class Tax Relief and Job
Creation Act of 2012 (47 U.S.C. 1423(e)) is amended--
(A) in the subsection heading, by striking ``FACA''
and inserting ``Chapter 10 of Title 5, United States
Code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(302) Section 106(p)(5) of title 49, United States Code, is
amended--
(A) in the paragraph heading, by striking ``Federal
advisory committee act'' and inserting ``Chapter 10 of
title 5''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5''.
(303) Section 1325(a)(4) of title 49, United States Code, is
amended by striking ``the Federal Advisory Committee Act.'' and
inserting ``chapter 10 of title 5.''.
(304) Section 6305(e) of title 49, United States Code, is
amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.) shall apply to the
advisory council established under this section, except
that section 14 of that Act'' and inserting ``Chapter 10
of title 5 shall apply to the advisory council
established under this section, except that section 1013
of title 5''.
(305) Section 14504a(d)(9) of title 49, United States Code,
is amended--
(A) in the paragraph heading, by striking ``federal
advisory committee act'' and inserting ``chapter 10 of
title 5''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5''.
(306) Section 20133(d) of title 49, United States Code, is
amended by striking ``the Federal Advisory Committee Act (5
U.S.C. App.),'' and inserting ``chapter 10 of title 5,''.
(307) Section 502(c)(5) of the Passenger Rail Investment and
Improvement Act of 2008 (Public Law 110-432, 49 U.S.C. 26106
note) is amended by striking ``the Federal Advisory Committee
Act (P.L. 92-463)'' and inserting ``chapter 10 of title 5,
United States Code,''.
[[Page 131 STAT. 4340]]
(308) Section 30306(i) of title 49, United States Code, is
amended by striking ``sections 10(e) and (f) and 14 of the
Federal Advisory Committee Act (5 App. U.S.C.).'' and inserting
``sections 1009(e) and (f) and 1013 of title 5.''.
(309) Section 4144(d) of the Motor Carrier Safety
Reauthorization Act of 2005 (Public Law 109-59, 49 U.S.C. 31100
note) is amended by striking ``the Federal Advisory Committee
Act (5 U.S.C. App.),'' and inserting ``chapter 10 of title 5,
United States Code,''.
(310) Section 5106(a)(5) of the FAST Act (Public Law 114-94,
49 U.S.C. 31102 note) is amended by striking ``The Federal
Advisory Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(311) Section 274(b)(5)(C) of the Air Traffic Management
System Performance Improvement Act of 1996 (Public Law 104-264,
49 U.S.C. 40101 note) is amended--
(A) in the subparagraph heading, by striking
``FACA'' and inserting ``Chapter 10 of title 5, united
states code,''; and
(B) in text, by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.).'' and inserting ``chapter
10 of title 5, United States Code.''.
(312) Section 805(d) of the National Parks Air Tour
Management Act of 2000 (Public Law 106-181, 49 U.S.C. 40128
note) is amended--
(A) in the subsection heading, by striking ``FACA''
and inserting ``Chapter 10 of Title 5, United States
Code''; and
(B) in paragraph (3)--
(i) in the paragraph heading, by striking
``FACA'' and inserting ``Chapter 10 of title 5,
united states code''; and
(ii) in text, by striking ``Section 14 of the
Federal Advisory Committee Act (5 U.S.C. App.)''
and inserting ``Section 1013 of title 5, United
States Code,''.
(313) Section 44508(d) of title 49, United States Code, is
amended by striking ``Section 14 of the Federal Advisory
Committee Act (5 App. U.S.C.)'' and inserting ``Section 1013 of
title 5''.
(314) Section 44511(f)(2) of title 49, United States Code,
is amended by striking ``Section 14 of the Federal Advisory
Committee Act'' and inserting ``Section 1013 of title 5''.
(315) Section 204(f) of the Airline Safety and Federal
Aviation Administration Extension Act of 2010 (Public Law 111-
216, 49 U.S.C. 44701 note) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5, United States Code''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(316) Section 44903(f) of title 49, United States Code, is
amended by striking ``the Federal Advisory Committee Act (5
U.S.C. App.).'' and inserting ``chapter 10 of title 5.''.
(317) Section 44946(f) of title 49, United States Code, is
amended--
[[Page 131 STAT. 4341]]
(A) in the subsection heading, by striking ``FACA''
and inserting ``Chapter 10 of Title 5''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5''.
(318) Section 703(l) of the Public Interest Declassification
Act of 2000 (Public Law 106-567, 50 U.S.C. 3161 note) is amended
by striking ``the Federal Advisory Committee Act (5 U.S.C.
App.)'' and inserting ``chapter 10 of title 5, United States
Code,''.
(319) Section 410(b)(3) of the Intelligence Authorization
Act for Fiscal Year 2010 (50 U.S.C. 3309(3)) is amended by
striking ``section 4(b)(3) of the Federal Advisory Committee Act
(5 U.S.C. App.) that an advisory committee cannot comply with
the requirements of such Act.'' and inserting ``section
1003(b)(3) of title 5, United States Code, that an advisory
committee cannot comply with the requirements of chapter 10 of
title 5, United States Code.''.
(320) Section 19(c) of the National Security Agency Act of
1959 (50 U.S.C. 3617(c)) is amended by striking ``The Federal
Advisory Committee Act (5 U.S.C. App.)'' and inserting ``Chapter
10 of title 5, United States Code,''.
(321) Section 708(d)(1) of the Defense Production Act of
1950 (50 U.S.C. 4558(d)(1)) is amended by striking ``the Federal
Advisory Committee Act, whether or not such Act'' and inserting
``chapter 10 of title 5, United States Code, whether or not such
chapter''.
(322) Section 708(n) of the Defense Production Act of 1950
(50 U.S.C. 4558(n)) is amended--
(A) in the subsection heading, by striking
``Advisory Committee Act Provisions'' and inserting
``Chapter 10 of Title 5, United States Code,''; and
(B) in text, by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``chapter
10 of title 5, United States Code,''.
(323) Section 722(e) of the Defense Production Act of 1950
(50 U.S.C. 4567(e)) is amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5, United States Code''; and
(B) in text, by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``chapter
10 of title 5, United States Code,''.
(324) Section 121(b) of the National Aeronautics and Space
Administration Authorization Act, Fiscal Year 1991 (Public Law
101-611, 51 U.S.C. 20111 note) is amended by striking ``section
14(a)(2) of the Federal Advisory Committee Act.'' and inserting
``section 1013(a) of title 5, United States Code.''.
(325) Section 40308(a) of title 51, United States Code, is
amended by striking ``the Federal Advisory Committee Act (5 App.
U.S.C.).'' and inserting ``chapter 10 of title 5.''.
(326) Section 60304(a) of title 51, United States Code, is
amended by striking ``section 14 of the Federal Advisory
Committee Act (5 App. U.S.C.),'' and inserting ``section 1013 of
title 5,''.
[[Page 131 STAT. 4342]]
(327) Section 70906(a) of title 51, United States Code, is
amended by striking ``the Federal Advisory Committee Act'' and
inserting ``chapter 10 of title 5''.
(328) Section 100906(b) of title 54, United States Code, is
amended by striking ``Section 14(b) of the Federal Advisory
Committee Act (5 U.S.C. App.)'' and inserting ``Section 1013(b)
of title 5''.
(329) Section 101919(e) of title 54, United States Code, is
amended by striking ``the Federal Advisory Committee Act (5
U.S.C. App.).'' and inserting ``chapter 10 of title 5.''.
(330) Section 102303(h) of title 54, United States Code, is
amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5''; and
(B) in text, by striking ``The Federal Advisory
Committee Act (5 U.S.C. App.), with the exception of
section 14(b),'' and inserting ``Chapter 10 of title 5,
with the exception of section 1013(b),''.
(331) Section 304105(i) of title 54, United States Code, is
amended--
(A) in the subsection heading, by striking ``Federal
Advisory Committee Act'' and inserting ``Chapter 10 of
Title 5''; and
(B) in text, by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.).'' and inserting ``chapter
10 of title 5.''.
(b) Amendments To Update References to Inspector General Act of
1978.--
(1) Subsection (d)(1) of the Library of Congress Inspector
General Act of 2005 (2 U.S.C. 185(d)(1)) is amended by striking
``Sections 4, 5 (other than subsections (a)(13)), 6(a) (other
than paragraphs (7) and (8) thereof), and 7 of the Inspector
General Act of 1978 (5 U.S.C. App.)'' and inserting ``Sections
404, 405 (other than subsection (b)(13)), 406(a) (other than
paragraphs (7) and (8) thereof), and 407 of title 5, United
States Code,''.
(2) Section 3(8)(B)(xvii) of the Lobbying Disclosure Act of
1995 (2 U.S.C. 1602(8)(B)(xvii)) is amended by striking ``the
Inspector General Act of 1978,'' and inserting ``chapter 4 of
title 5, United States Code,''.
(3) Subsection (d)(1) of the Architect of the Capitol
Inspector General Act of 2007 (2 U.S.C. 1808(d)(1)) is amended
by striking ``Sections 4, 5 (other than subsections (a)(13) and
(e)(1)(B) thereof), 6 (other than subsection (a)(7) and (8)
thereof), and 7 of the Inspector General Act of 1978 (5 U.S.C.
App.)'' and inserting ``Sections 404, 405 (other than
subsections (b)(13) and (f)(1)(B) thereof), 406 (other than
subsection (a)(7) and (8) thereof), and 407 of title 5, United
States Code,''.
(4) Section 1004 of the Legislative Branch Appropriations
Act, 2006 (2 U.S.C. 1909) is amended--
(A) in subsection (c)(1), by striking ``section 4 of
the Inspector General Act of 1978, (5 U.S.C. App. 4),''
and inserting ``section 404 of title 5, United States
Code,'';
(B) in subsection (c)(2)--
(i) by striking ``section 5 (other than
subsection (a)(13) thereof) of the Inspector
General Act of 1978, (5 U.S.C. App. 5).'' and
inserting ``section 405 (other
[[Page 131 STAT. 4343]]
than subsection (b)(13) thereof) of title 5,
United States Code.'';
(ii) by striking ``section 5 of such Act'' and
inserting ``section 405 of such title''; and
(iii) by striking ``section 5(b) of such
Act.'' and inserting ``section 405(c) of such
title.''; and
(C) in subsection (d)(1), by striking ``section 6(a)
of the Inspector General Act of 1978, (5 U.S.C. App.
6(a)), other than paragraphs (7) and (8) of such
section.'' and inserting ``section 406(a) of title 5,
United States Code, other than paragraphs (7) and (8) of
such section.''.
(5) <<NOTE: 5 USC 403 note.>> Section 6(c) of the Inspector
General Reform Act of 2008 (Public Law 110-409, 122 Stat. 4305)
is amended by striking ``sections 3(g) and 8G(g) of the
Inspector General Act of 1978 (5 U.S.C. App.) (as amended by
this section).'' and inserting ``sections 403(g) and 415(g) of
title 5, United States Code.''.
(6) <<NOTE: 5 USC 423 note.>> Section 4(d) of the Inspector
General Reform Act of 2008 (Public Law 110-409, 122 Stat. 4304)
is amended--
(A) in paragraph (1), by striking ``section 12(2) of
the Inspector General Act of 1978 (5 U.S.C. App.) (as
amended by section 7(a) of this Act);'' and inserting
``section 401 of title 5, United States Code;'' and
(B) in paragraph (2), by striking ``section 8G(2) of
the Inspector General Act of 1978 (5 U.S.C. App.);'' and
inserting ``section 415(a) of title 5, United States
Code;''.
(7) <<NOTE: 5 USC 403 note.>> Section 101(d)(3) of title I
of division C of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999 (Public Law 105-277, 112
Stat. 2681-585), as amended by section 1000(a)(5) [title II,
Sec. 239(a)] of Public Law 106-113 (113 Stat. 1536, 1501A-302),
is amended by striking ``section 8D(j) of the Inspector General
Act of 1978 (5 U.S.C. App.)'' and inserting ``section 412(j) of
title 5, United States Code,''.
(8) <<NOTE: 5 USC 405 note.>> Section 845(a)(1) of the
Acquisition Improvement and Accountability Act of 2007 (Public
Law 110-181, div. A, title VIII, 122 Stat. 240) is amended by
striking ``the Inspector General Act of 1978'' and inserting
``chapter 4 of title 5, United States Code,''.
(9) <<NOTE: 5 USC 405 note.>> Section 6009(b) of the
Federal Acquisition Streamlining Act of 1994 (Public Law 103-
355, 108 Stat. 3367), as amended by section 810 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-
106, 110 Stat. 394) is amended by striking ``section 5(a)(3) of
the Inspector General Act of 1978 (5 U.S.C. App.)'' and
inserting ``section 405(b)(3) of title 5, United States Code,''.
(10) <<NOTE: 5 USC 406 note.>> Section 2 of Public Law 106-
422 (114 Stat. 1873) is amended--
(A) in subsection (a)(1), by striking ``the
Inspector General Act of 1978 (5 U.S.C. App.).'' and
inserting ``chapter 4 of title 5, United States Code.'';
(B) in subsection (a)(2) (matter before subparagraph
(A)), by striking ``section 11 of the Inspector General
Act of 1978 (5 U.S.C. App.)'' and inserting ``section
401 of title 5, United States Code'';
(C) in subsection (a)(2)(B), by striking ``the
Inspector General Act of 1978 (5 U.S.C. App.).'' and
inserting ``chapter 4 of title 5, United States Code.'';
[[Page 131 STAT. 4344]]
(D) in subsection (b)(1), by striking ``the
Inspector General Act of 1978 (5 U.S.C. App.).'' and
inserting ``chapter 4 of title 5, United States Code.'';
(E) in subsection (b)(2) (matter before subparagraph
(A)), by striking ``section 11 of the Inspector General
Act of 1978 (5 U.S.C. App.)'' and inserting ``section
401 of title 5, United States Code''; and
(F) in subsection (b)(2)(B), by striking ``the
Inspector General Act of 1978 (5 U.S.C. App.).'' and
inserting ``chapter 4 of title 5, United States Code.''.
(11) <<NOTE: 50 USC 3602 note.>> Section 403(c) of the
Intelligence Authorization Act for Fiscal Year 2014 (Public Law
113-126, 128 Stat. 1409) is amended by striking ``section 3 of
the Inspector General Act of 1978 (5 U.S.C. App.),'' and
inserting ``section 403 of title 5, United States Code,''.
(12) <<NOTE: 50 USC 3041a note.>> Section 413(c) of the
Intelligence Authorization Act for Fiscal Year 2014 (Public Law
113-126, 128 Stat. 1410) is amended by striking ``section 3 of
the Inspector General Act of 1978 (5 U.S.C. App.),'' and
inserting ``section 403 of title 5, United States Code,''.
(13) <<NOTE: 5 USC 415 note.>> Section 11314(a)(1) of the
Passenger Rail Reform and Investment Act of 2015 (Public Law
114-94, div. A, title XI, 129 Stat. 1674) is amended by striking
``the Inspector General Act of 1978 (5 U.S.C. App.),'' and
inserting ``chapter 4 of title 5, United States Code,''.
(14) <<NOTE: 5 USC 415 note.>> The matter under the
headings ``RELATED agencies'', ``Commission on civil rights'',
``salaries and expenses'', and ``(including transfer of
funds)'', in title IV of the Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2013 (Public Law 113-6,
div. B, 127 Stat. 266) is amended--
(A) in the 4th proviso, by striking ``the Inspector
General Act of 1978:'' and inserting ``chapter 4 of
title 5, United States Code:''; and
(B) in the 7th proviso (which is not classified to
the United States Code), by striking ``section 5 of the
Inspector General Act of 1978)'' and inserting ``section
405 of title 5, United States Code)''.
(15) <<NOTE: 5 USC 415 note.>> Section 1229 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181) is amended--
(A) in subsection (c)(6), by striking ``section 3(b)
of the Inspector General Act of 1978 (5 U.S.C. App.).''
and inserting ``section 403(b) of title 5, United States
Code.'';
(B) in subsection (f)(3)--
(i) in the paragraph heading, by striking
``inspector general act of 1978'' and inserting
``chapter 4 of title 5, united states code''; and
(ii) in text, by striking ``the Inspector
General Act of 1978.'' and inserting ``chapter 4
of title 5, United States Code.''; and
(C) in subsection (g)--
(i) in paragraph (1)--
(I) in the paragraph heading, by
striking ``inspector general act of
1978'' and inserting ``chapter 4 of
title 5, united states code''; and
(II) in text, by striking ``section
6 of the Inspector General Act of
1978,'' and inserting ``section 406 of
title 5, United States Code,''; and
[[Page 131 STAT. 4345]]
(ii) in paragraph (2), by striking ``section
4(b)(1) of the Inspector General Act of 1978.''
and inserting ``section 404(b)(1) of title 5,
United States Code.''.
(16) <<NOTE: 5 USC 415 note.>> The 2d proviso in the matter
under the headings ``Chemical safety and hazard investigation
board'' and ``salaries and expenses'' in title III of the
Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 2002
(Public Law 107-73, 115 Stat. 679) is amended by striking ``the
Inspector General Act of 1978, as amended:'' and inserting
``chapter 4 of title 5, United States Code:''.
(17) <<NOTE: 5 USC 415 note.>> Section 3001 of the
Emergency Supplemental Appropriations Act for Defense and for
the Reconstruction of Iraq and Afghanistan, 2004 (Public Law
108-106) is amended--
(A) in subsection (c)(4), by striking ``section 3(b)
of the Inspector General Act of 1978 (5 U.S.C. App.).''
and inserting ``section 403(b) of title 5, United States
Code.'';
(B) in subsection (f)(3), by striking ``the
Inspector General Act of 1978.'' and inserting ``chapter
4 of title 5, United States Code.'';
(C) in subsection (g)--
(i) in paragraph (1), by striking ``section 6
of the Inspector General Act of 1978,'' and
inserting ``section 406 of title 5, United States
Code,''; and
(ii) in paragraph (2), by striking ``section
4(b)(1) of the Inspector General Act of 1978.''
and inserting ``section 404(b)(1) of title 5,
United States Code.''; and
(D) in subsection (i)(3), by striking ``section 5 of
the Inspector General Act of 1978.'' and inserting
``section 405 of title 5, United States Code.''.
(18) <<NOTE: 5 USC 415 note.>> Section 409(b) of the Amtrak
Reform and Accountability Act of 1997 (Public Law 105-134, 111
Stat. 2587) is amended by striking ``the Inspector General Act
of 1978.'' and inserting ``chapter 4 of title 5, United States
Code.''.
(19) <<NOTE: 5 USC 422 note.>> Section 102(e)(4) of the
Inspector General Act Amendments of 1988 (Public Law 100-504,
102 Stat. 2517) is amended by striking ``section 3(b) of the
Inspector General Act of 1978.'' and inserting ``section 403(b)
of title 5, United States Code.''.
(20) <<NOTE: 5 USC 424 note.>> Section 7 of the Special
Inspector General for the Troubled Asset Relief Program Act of
2009 (Public Law 111-15, 123 Stat. 1605) is amended by striking
``section 11 of the Inspector General Act of 1978 (5 U.S.C.
App.)'' and inserting ``section 424 of title 5, United States
Code,''.
(21) Section 103(b) of the Homeland Security Act of 2002 (6
U.S.C. 113(b)) is amended by striking ``the Inspector General
Act of 1978 (5 U.S.C. App.).'' and inserting ``chapter 4 of
title 5, United States Code.''.
(22) Section 1413(a)(1)(A) of the National Transit Systems
Security Act of 2007 (6 U.S.C. 1142(a)(1)(A)) is amended by
striking ``the Inspector General Act of 1978 (5 U.S.C. App.;
Public Law 95-452);'' and inserting ``chapter 4 of title 5,
United States Code;''.
(23) Section 1337 (matter after paragraph (3)) of the Food
Stamp and Commodity Distribution Amendments of 1981 (7 U.S.C.
2270 (matter after paragraph (3))) is amended by striking ``the
authority provided in section 6, or described in section 9, of
the Inspector General Act of 1978 (5 U.S.C. App.
[[Page 131 STAT. 4346]]
6, 9).'' and inserting ``the authority provided in section 406
of title 5, United States Code, or described in section 9 of the
Inspector General Act of 1978 (Public Law 95-452, 92 Stat.
1107).''.
(24) The proviso in the matter under the heading ``Office of
the inspector general (including transfers of funds)'' in title
I of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 1999 (7
U.S.C. 2270a) is amended by striking ``the Inspector General Act
of 1978,'' and inserting ``chapter 4 of title 5, United States
Code,''.
(25) Section 22(c) of the Department of Justice
Appropriation Authorization Act, Fiscal Year 1980 (Public Law
96-132, 8 U.S.C. 1551 note) is amended--
(A) in the matter before paragraph (1)--
(i) by striking ``the Inspector General Act of
1978 (Public Law 95-452)'' and inserting ``chapter
4 of title 5, United States Code,''; and
(ii) by striking ``such Act:'' and inserting
``such chapter:'';
(B) in paragraph (1), by striking ``Section 4'' and
inserting ``Section 404'';
(C) in paragraph (2), by striking ``Section 5'' and
inserting ``Section 405'';
(D) in paragraph (3), by striking ``Section 6'' and
inserting ``Section 406''; and
(E) in paragraph (4), by striking ``Section 7'' and
inserting ``Section 407''.
(26) Section 141 of title 10, United States Code, is
amended--
(A) in subsection (a), by striking ``section 3 of
the Inspector General Act of 1978 (Public Law 95-452; 5
U.S.C. App. 3).'' and inserting ``section 403 of title
5.''; and
(B) in subsection (b), by striking ``the Inspector
General Act of 1978.'' and inserting ``chapter 4 of
title 5.''.
(27) Section 1034(b)(1)(B)(ii) of title 10, United States
Code, is amended by striking ``the Inspector General Act of
1978;'' and inserting ``chapter 4 of title 5;''.
(28) Section 2409(g)(5) of title 10, United States Code, is
amended by striking ``the Inspector General Act of 1978'' and
inserting ``chapter 4 of title 5''.
(29) Section 1601(b) of the National Defense Authorization
Act for Fiscal Year 2014 (Public Law 113-66, 10 U.S.C. 2533a
note) is amended by striking ``section 8(f)(1) of the Inspector
General Act of 1978 (5 U.S.C. App.).'' and inserting ``section
408(f)(1) of title 5, United States Code.''.
(30) Section 7020(d) of title 10, United States Code, is
amended by striking ``the Inspector General Act of 1978 (5
U.S.C. App. 3)'' and inserting ``chapter 4 of title 5''.
(31) Section 8020(c) of title 10, United States Code, is
amended by striking ``the Inspector General Act of 1978 (5
U.S.C. App. 3)'' and inserting ``chapter 4 of title 5''.
(32) Section 9020(d) of title 10, United States Code, is
amended by striking ``the Inspector General Act of 1978 (5
U.S.C. App. 3)'' and inserting ``chapter 4 of title 5''.
(33) Section 216(j)(5)(A) of the Federal Credit Union Act
(12 U.S.C. 1790d(j)(5)(A)) is amended by striking ``section 8L
[[Page 131 STAT. 4347]]
of the Inspector General Act of 1978 (5 U.S.C. App.)'' and
inserting ``section 419 of title 5, United States Code,''.
(34) Section 1317(d) of the Federal Housing Enterprises
Financial Safety and Soundness Act of 1992 (12 U.S.C. 4517(d))
is amended by striking ``section 3(a) of the Inspector General
Act of 1978.'' and inserting ``section 403(a) of title 5, United
States Code.''.
(35) Section 121 of the Emergency Economic Stabilization Act
of 2008 (12 U.S.C. 5231) is amended--
(A) in subsection (b)(4), by striking ``section 3(b)
of the Inspector General Act of 1978 (5 U.S.C. App.).''
and inserting ``section 403(b) of title 5, United States
Code.'';
(B) in subsection (b)(6), by striking ``section 3(e)
of the Inspector General Act of 1978 (5 U.S.C. App.).''
and inserting ``section 403(e) of title 5, United States
Code.'';
(C) in subsection (c)(3), by striking ``the
Inspector General Act of 1978.'' and inserting ``chapter
4 of title 5, United States Code.'';
(D) in subsection (d)(1), by striking ``section 6 of
the Inspector General Act of 1978.'' and inserting
``section 406 of title 5, United States Code.'';
(E) in subsection (d)(2), by striking ``section
4(b)(1) of the Inspector General Act of 1978.'' and
inserting ``section 404(b)(1) of title 5, United States
Code.'';
(F) in subsection (d)(3), by striking ``section
6(e)(3) of the Inspector General Act of 1978 (5 U.S.C.
App.)'' and inserting ``section 406(f)(3) of title 5,
United States Code,''; and
(G) in subsection (h), by striking ``section 11 of
the Inspector General Act of 1978 (5 U.S.C. App.)'' and
inserting ``section 424 of title 5, United States
Code,''.
(36) Section 211 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (12 U.S.C. 5391) is amended--
(A) in subsection (d)(3), by striking ``section 5(a)
of the Inspector General Act of 1978 (5 U.S.C. App.),''
and inserting ``section 405(b) of title 5, United States
Code,''; and
(B) in subsection (e)(3), by striking ``section 5(a)
of the Inspector General Act of 1978 (5 U.S.C. App.),''
and inserting ``section 405(b) of title 5, United States
Code,''.
(37) Section 30(b)(2)(B) of the Small Business Act (15
U.S.C. 657(b)(2)(B)) is amended by striking ``section 7 of the
Inspector General Act of 1978 (5 U.S.C. App.);'' and inserting
``section 407 of title 5, United States Code;''.
(38) Section 6(d) of the John F. Kennedy Center Act (20
U.S.C. 76l(d)) is amended--
(A) by striking ``the Inspector General Act of 1978
(5 U.S.C. App. 3).'' and inserting ``chapter 4 of title
5, United States Code.''; and
(B) by striking ``such Act'' and inserting ``such
chapter''.
(39) Section 432(f)(2) of the Higher Education Act of 1965
(20 U.S.C. 1082(f)(2)) is amended--
(A) by striking ``section 6(a)(4) of the Inspector
General Act of 1978,'' and inserting ``section 406(a)(4)
of title 5, United States Code,''; and
(B) by striking ``that Act'' and inserting ``chapter
4 of title 5, United States Code,''.
[[Page 131 STAT. 4348]]
(40) Section 202(c) of the Department of Education
Organization Act (20 U.S.C. 3412(c)) is amended by striking
``the Inspector General Act of 1978 (as amended by section
508(n) of this Act).'' and inserting ``chapter 4 of title 5,
United States Code.''.
(41) Section 211 of the Department of Education Organization
Act (20 U.S.C. 3422) is amended by striking ``the Inspector
General Act of 1978 (as amended by section 508(n) of this
Act).'' and inserting ``chapter 4 of title 5, United States
Code.''.
(42) Section 209(e)(1) of the Foreign Service Act of 1980
(22 U.S.C. 3929(e)(1)) is amended--
(A) by striking ``section 6 of the Inspector General
Act of 1978'' and inserting ``section 406 of title 5,
United States Code,'';
(B) by striking ``section 11(2) of such Act)'' and
inserting ``section 401 of title 5, United States
Code)'';
(C) by striking ``that Act,'' and inserting
``chapter 4 of title 5, United States Code,''; and
(D) by striking ``section 6(b) and (c) of such
Act.'' and inserting ``section 406(c) and (d) of title
5, United States Code.''.
(43) Section 339(c)(2) of the Admiral James W. Nance and Meg
Donovan Foreign Relations Authorization Act, Fiscal Years 2000
and 2001, as enacted by section 1000(a)(7) of Public Law 106-113
(22 U.S.C. 3929 note) is amended by striking ``section 7(b) of
the Inspector General Act of 1978 (5 U.S.C. app.);'' and
inserting ``section 407(b) of title 5, United States Code;''.
(44) Section 413(b) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4861(b)) is amended by
striking ``the Inspector General Act of 1978.'' and inserting
``chapter 4 of title 5, United States Code.''.
(45) Section 308(j)(3) of the United States International
Broadcasting Act of 1994 (22 U.S.C. 6207(j)(3)) is amended by
striking ``the Inspector General Act of 1978'' and inserting
``chapter 4 of title 5, United States Code,''.
(46) Section 7803(d) of the Internal Revenue Code of 1986
(26 U.S.C. 7803(d)) is amended--
(A) in paragraph (1) (matter before subparagraph
(A)), by striking ``section 5 of the Inspector General
Act of 1978'' and inserting ``section 405 of title 5,
United States Code''; and
(B) in paragraph (2)(A) (matter before clause (i)),
by striking ``section 5 of the Inspector General Act of
1978'' and inserting ``section 405 of title 5, United
States Code''.
(47) Section 9(b)(2) of Wagner-Peyser Act (29 U.S.C.
49h(b)(2)) is amended by striking ``the Inspector General Act.''
and inserting ``chapter 4 of title 5, United States Code.''.
(48) Section 185(b)(3)(D) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3245(b)(3)(D)) is amended by striking
``the Inspector General Act of 1978 (5 U.S.C. App.)'' and
inserting ``chapter 4 of title 5, United States Code,''.
(49) Section 902(b)(2) of title 31, United States Code, is
amended by striking ``the Inspector General Act of 1978 (5
U.S.C. App.).'' and inserting ``chapter 4 of title 5.''.
(50) Section 1105(a)(25) of title 31, United States Code, is
amended by striking ``section 11(2) of the Inspector General Act
of 1978.'' and inserting ``section 401 of title 5.''.
[[Page 131 STAT. 4349]]
(51) Section 301(27) of the Community Renewal Tax Relief Act
of 2000, as enacted by section 1(a)(7) of the Consolidated
Appropriations Act, 2001 (Public Law 106-554, 31 U.S.C. 1113
note) is amended--
(A) in the matter before subparagraph (A), by
striking ``the Inspector General Act of 1978 (Public Law
95-452):'' and inserting ``chapter 4 of title 5, United
States Code:'';
(B) in subparagraph (A), by striking ``Section
5(b).'' and inserting ``Section 405(c).''; and
(C) in subparagraph (B), by striking ``Section
5(d).'' and inserting ``Section 405(e).''.
(52) Section 3003(a)(2)(A) of the Federal Reports
Elimination and Sunset Act of 1995 (Public Law 104-66, 31 U.S.C.
1113 note) is amended by striking ``the Inspector General Act of
1978 (5 U.S.C. App.);'' and inserting ``chapter 4 of title 5,
United States Code;''.
(53) Section 5(e)(1) of the Improper Payments Elimination
and Recovery Improvement Act of 2012 (Public Law 112-248, 31
U.S.C. 3321 note) is amended by striking ``subparagraph (A),
(B), or (I) of section 11(b)(1) of the Inspector General Act of
1978 (5 U.S.C. App.)'' and inserting ``subparagraph (A), (B), or
(I) of section 424(b)(1) of title 5, United States Code,''.
(54) Section 804(b) (matter before paragraph (1)) of the
Federal Financial Management Improvement Act of 1996 (Public Law
104-208, div. A, Sec. 101(f) [title VIII], 31 U.S.C. 3512 note)
is amended by striking ``section 5(a) of the Inspector General
Act of 1978 (5 U.S.C. App.)'' and inserting ``section 405(b) of
title 5, United States Code,''.
(55) Section 3521(e)(1) of title 31, United States Code, is
amended by striking ``the Inspector General Act of 1978 (5
U.S.C. App.),'' and inserting ``chapter 4 of title 5,''.
(56) Section 3801(a) of title 31, United States Code, is
amended--
(A) in paragraph (1)(C), by striking ``section 11(2)
of the Inspector General Act of 1978)'' and inserting
``section 401 of title 5)'';
(B) in paragraph (1)(F), by striking ``section
8G(a)(2) of the Inspector General Act of 1978)'' and
inserting ``section 415(a) of title 5)'';
(C) in paragraph (4)(A)(i), by striking ``the
Inspector General Act of 1978'' and inserting ``chapter
4 of title 5''; and
(D) in paragraph (4)(A)(ii), by striking ``the
Inspector General Act of 1978'' and inserting ``chapter
4 of title 5''.
(57) Section 3808(c) of title 31, United States Code, is
amended by striking ``the Inspector General Act of 1978'' and
inserting ``chapter 4 of title 5''.
(58) Section 9105(a)(1) of title 31, United States Code, is
amended by striking ``the Inspector General Act of 1978 (5
U.S.C. App.),'' and inserting ``chapter 4 of title 5,''.
(59) Section 3703 of the Crime Control Act of 1990 (34
U.S.C. 11298) is amended--
(A) in subsection (a) (matter before paragraph (1)),
by striking ``section 3 or 8G of the Inspector General
Act of 1978 (5 U.S.C. App.)'' and inserting ``section
403 or 415 of title 5, United States Code,''; and
[[Page 131 STAT. 4350]]
(B) in subsection (b)(1), by striking ``the
Inspector General Act of 1978 (5 U.S.C. App.).'' and
inserting ``chapter 4 of title 5, United States Code.''.
(60) Section 312 of title 38, United States Code, is
amended--
(A) in subsection (a), by striking ``the Inspector
General Act of 1978 (5 U.S.C. App.).'' and inserting
``chapter 4 of title 5.''; and
(B) in subsection (c)(1) (matter before subparagraph
(A)), by striking ``the Inspector General Act of 1978 (5
U.S.C. App.),'' and inserting ``chapter 4 of title 5,''.
(61) Section 7366(a)(1)(B) of title 38, United States Code,
is amended--
(A) by striking ``sections 4(a)(1) and 6(a)(1) of
the Inspector General Act of 1978,'' and inserting
``sections 404(a)(1) and 406(a)(1) of title 5,''; and
(B) by striking ``such Act.'' and inserting
``chapter 4 of title 5.''.
(62) Section 202(e)(3) of title 39, United States Code, is
amended by striking ``section 8G(e) of the Inspector General Act
of 1978.'' and inserting ``section 415(e) of title 5.''.
(63) Section 410(b)(10) of title 39, United States Code, is
amended by striking ``the Inspector General Act of 1978;'' and
inserting ``chapter 4 of title 5;''.
(64) Section 504(h)(1) of title 39, United States Code, is
amended by striking ``the Inspector General Act of 1978,'' and
inserting ``chapter 4 of title 5,''.
(65) Section 1003 of title 39, United States Code, is
amended--
(A) in subsection (a), by striking ``section 8G of
the Inspector General Act of 1978,'' and inserting
``section 415 of title 5,''; and
(B) in subsection (b), by striking ``section 11(2)
of the Inspector General Act of 1978.'' and inserting
``section 401(1) of title 5.''.
(66) Section 2003(e)(1) of title 39, United States Code, is
amended by striking ``section 8G(f) of the Inspector General Act
of 1978.'' and inserting ``section 415(f) of title 5.''.
(67) Section 2009 of title 39, United States Code, is
amended by striking ``section 8G(f) of the Inspector General Act
of 1978,'' and inserting ``section 415(f) of title 5,''.
(68) Section 4(b) of the Mail Order Consumer Protection
Amendments of 1983 (Public Law 98-186, 39 U.S.C. 3005 note) is
amended by striking ``section 5 of the Inspector General Act of
1978 (5 U.S.C. App.).'' and inserting ``section 405 of title 5,
United States Code.''.
(69) Section 3013 (matter after paragraph (6)) of title 39,
United States Code, is amended by striking ``section 5 of the
Inspector General Act of 1978'' and inserting ``section 405 of
title 5''.
(70) Section 15704(a) of title 40, United States Code, is
amended by striking ``section 3(a) of the Inspector General Act
of 1978 (5 U.S.C. App.).'' and inserting ``section 403(a) of
title 5.''.
(71) Section 1505 of title 41, United States Code, is
amended by striking ``the Inspector General Act of 1978 (5
U.S.C. App.),'' and inserting ``chapter 4 of title 5,''.
[[Page 131 STAT. 4351]]
(72) Section 4705(a)(3) of title 41, United States Code, is
amended by striking ``the Inspector General Act of 1978 (5
U.S.C. App.).'' and inserting ``chapter 4 of title 5.''.
(73) Section 4706(c)(1) of title 41, United States Code, is
amended by striking ``section 3 or 8G of the Inspector General
Act of 1978 (5 U.S.C. App.)'' and inserting ``section 403 or 415
of title 5''.
(74) Section 4712(g)(2) of title 41, United States Code, is
amended by striking ``the Inspector General Act of 1978'' and
inserting ``chapter 4 of title 5''.
(75) Section 351A(i)(2) of the Public Health Service Act (42
U.S.C. 262a(i)(2)) is amended by striking ``section 6 of the
Inspector General Act of 1978 (5 U.S.C. App.).'' and inserting
``section 406 of title 5, United States Code.''.
(76) Section 702(e) of the Social Security Act (42 U.S.C.
902(e)) is amended by striking ``section 3(a) of the Inspector
General Act of 1978.'' and inserting ``section 403(a) of title
5, United States Code.''.
(77) Section 1128A(m)(2)(B) of the Social Security Act (42
U.S.C. 1320a-7a(m)(2)(B)) is amended by striking ``the Inspector
General Act of 1978 (5 U.S.C. App.)'' and inserting ``chapter 4
of title 5, United States Code,''.
(78) Section 1128C(a) of the Social Security Act (42 U.S.C.
1320a-7c(a)) is amended--
(A) in paragraph (4), by striking ``paragraphs (3)
through (9) of section 6 of the Inspector General Act of
1978 (5 U.S.C. App.)'' and inserting ``paragraphs (3)
through (9) of section 406(a) of title 5, United States
Code,''; and
(B) in paragraph (5), by striking ``the Inspector
General Act of 1978 (5 U.S.C. App.).'' and inserting
``chapter 4 of title 5, United States Code.''.
(79) Section 1128D(a)(1)(C) of the Social Security Act (42
U.S.C. 1320a-7d(a)(1)(C)) is amended by striking ``section 5 of
the Inspector General Act of 1978 (5 U.S.C. App.),'' and
inserting ``section 405 of title 5, United States Code,''.
(80) Section 322(a) of the Atomic Energy Act of 1954 (42
U.S.C. 2286k(a)) is amended by striking ``the Inspector General
Act of 1978 (5 U.S.C. App.).'' and inserting ``chapter 4 of
title 5, United States Code.''.
(81) The last proviso in the matter under the heading
``Nuclear regulatory commission--office of inspector general''
in title IV of the Energy and Water Development and Related
Agencies Appropriations Act, 2015 (42 U.S.C. 2286l) is amended
by striking ``the Inspector General Act of 1978 (5 U.S.C.
App.)'' and inserting ``chapter 4 of title 5, United States
Code,''.
(82) Section 160 of the Energy Policy Act of 1992 (42 U.S.C.
8262f) is amended--
(A) in subsection (a) (matter before paragraph
(1))--
(i) by striking ``section 11(2) of the
Inspector General Act of 1978 (5 U.S.C. App.),''
and inserting ``section 401(1) of title 5, United
States Code,''; and
(ii) by striking ``section 8E(f)(1) as
established by section 8E(a)(2) of the Inspector
General Act Amendments of 1988 (Public Law 100-
504)'' and inserting ``section 415(f) of title 5,
United States Code,''; and
[[Page 131 STAT. 4352]]
(B) in subsection (c), by striking ``section 2 of
the Inspector General Act of 1978 (5 U.S.C. App.)'' and
inserting ``section 402 of title 5, United States
Code,''.
(83) Section 183(c)(2)(B) of the National and Community
Service Act of 1990 (42 U.S.C. 12643(c)(2)(B)) is amended by
striking ``the Inspector General Act of 1978 (5 U.S.C. App.).''
and inserting ``chapter 4 of title 5, United States Code.''.
(84) Section 204(b)(2) of the National and Community Service
Trust Act of 1993 (Public Law 103-82, 42 U.S.C. 12651 note) is
amended--
(A) in subparagraph (A), by striking ``the Inspector
General Act of 1978 (5 U.S.C. App.);'' and inserting
``chapter 4 of title 5, United States Code;''; and
(B) in subparagraph (B) (matter before clause (i)),
by striking ``the Inspector General Act of 1978,'' and
inserting ``chapter 4 of title 5, United States Code,''.
(85) Section 192A(g)(6) of the National and Community
Service Act of 1990 (42 U.S.C. 12651b(g)(6)) is amended by
striking ``section 8E of the Inspector General Act of 1978;''
and inserting ``section 414 of title 5, United States Code;''.
(86) Section 193A(a) of the National and Community Service
Act of 1990 (42 U.S.C. 12651d(a)) is amended by striking
``section 8E of the Inspector General Act of 1978.'' and
inserting ``section 414 of title 5, United States Code.''.
(87) Section 194(b)(2) of the National and Community Service
Act of 1990 (42 U.S.C. 12651e(b)(2)) is amended by striking
``the Inspector General Act of 1978.'' and inserting ``chapter 4
of title 5, United States Code.''.
(88) Section 195(a) of the National and Community Service
Act of 1990 (42 U.S.C. 12651f(a)) is amended by striking
``section 8E of the Inspector General Act of 1978,'' and
inserting ``section 414 of title 5, United States Code,''.
(89) Section 3555(b)(1) of title 44, United States Code, is
amended by striking ``the Inspector General Act of 1978,'' and
inserting ``chapter 4 of title 5,''.
(90) Section 3903(a) (matter before paragraph (1)) of title
44, United States Code, is amended by striking ``Sections 4, 5,
6 (other than subsection (a)(7) and (8) thereof), and 7 of the
Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C. App.
3)'' and inserting ``Sections 404, 405, 406 (other than
subsection (a)(7) and (8) thereof), and 407 of title 5''.
(91) Section 9-A(b) of the Organic Act of Guam (48 U.S.C.
1422d(b)) is amended by striking ``the Inspector General Act of
1978 (92 Stat. 1101), as amended.'' and inserting ``chapter 4 of
title 5, United States Code.''.
(92) Section 17(b) of the Revised Organic Act of the Virgin
Islands (48 U.S.C. 1599(b)) is amended by striking ``the
Inspector General Act of 1978 (92 Stat. 1101), as amended.'' and
inserting ``chapter 4 of title 5, United States Code.''.
(93) Section 501(c) of Public Law 96-205 (48 U.S.C. 1668(c))
is amended by striking ``the Inspector General Act of 1978 (92
Stat. 1101), as amended.'' and inserting ``chapter 4 of title 5,
United States Code.''.
(94) Section 4(b) of the Act of June 30, 1954 (48 U.S.C.
1681b(b)) is amended by striking ``the Inspector General Act of
1978 (92 Stat. 1101), as amended.'' and inserting ``chapter 4 of
title 5, United States Code.''.
[[Page 131 STAT. 4353]]
(95) Section 114(o) of title 49, United States Code, is
amended by striking ``the Inspector General Act of 1978 (5
U.S.C. App.)'' and inserting ``chapter 4 of title 5''.
(96) Section 1137(c) of title 49, United States Code, is
amended by striking ``subsections (a) and (b) of section 6 of
the Inspector General Act of 1978 (5 U.S.C. App.).'' and
inserting ``subsections (a) and (c) of section 406 of title
5.''.
(97) Section 1326(c) of title 49, United States Code, is
amended by striking ``subsections (a) and (b) of section 6 of
the Inspector General Act of 1978 (5 U.S.C. App.).'' and
inserting ``subsections (a) and (c) of section 406 of title
5.''.
(98) Section 20109(a)(1)(A) of title 49, United States Code,
is amended by striking ``the Inspector General Act of 1978 (5
U.S.C. App.; Public Law 95-452);'' and inserting ``chapter 4 of
title 5;''.
(99) Section 103H(k)(5)(H) of the National Security Act of
1947 (50 U.S.C. 3033(k)(5)(H)) is amended by striking ``section
8H of the Inspector General Act of 1978 (5 U.S.C. App.).'' and
inserting ``section 416 of title 5, United States Code.''.
(100) Section 507(a)(1) of the National Security Act of 1947
(50 U.S.C. 3106(a)(1)) is amended by striking ``section 8H(g) of
the Inspector General Act of 1978.'' and inserting ``section
416(h) of title 5, United States Code.''.
(101) Section 3001(j)(1)(C)(i) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (50 U.S.C.
3341(j)(1)(C)(i)) is amended by striking ``subsections (a)(1),
(d), and (h) of section 8H of the Inspector General Act of 1978
(5 U.S.C. App.);'' and inserting ``subsections (b)(1), (e), and
(i) of section 416 of title 5, United States Code;''.
(c) Amendments To Update References to Ethics in Government Act of
1978.--
(1) Section 1201(c)(5) of the Legislative Branch
Appropriations Act, 2008 (2 U.S.C. 612(c)(5)) is amended by
striking ``the Ethics in Government Act of 1978 (5 U.S.C.
App.);'' and inserting ``chapter 131 of title 5, United States
Code;''.
(2) Section 301(k) of the Congressional Accountability Act
of 1995 (2 U.S.C. 1381(k)) is amended by striking ``title I of
the Ethics in Government Act of 1978'' and inserting
``subchapter I of chapter 131 of title 5, United States Code,''.
(3) Section 3(4)(D) of the Lobbying Disclosure Act of 1995
(2 U.S.C. 1602(4)(D)) is amended by striking ``section 109(13)
of the Ethics in Government Act of 1978 (5 U.S.C. App.).'' and
inserting ``section 13101(13) of title 5, United States Code.''.
(4) Section 304 of the Honest Leadership and Open Government
Act of 2007 (2 U.S.C. 4712) is amended--
(A) in subsection (a)(2), by striking ``section
103(h)(1) of the Ethics in Government Act of 1978'' and
inserting ``section 13105(h)(1) of title 5, United
States Code,''; and
(B) in subsection (c), by striking ``section
103(h)(1) of the Ethics in Government Act of 1978,'' and
inserting ``section 13105(h)(1) of title 5, United
States Code,''.
(5) Section 901(a) of the Ethics Reform Act of 1989 (2
U.S.C. 4725(a)) is amended--
(A) in paragraph (2)(B), by striking ``section
102(a)(2)(A) of the Ethics in Government Act of 1978;''
and inserting ``section 13104(a)(2)(A) of title 5,
United States Code;''; and
[[Page 131 STAT. 4354]]
(B) in paragraph (3)(B), by striking ``section
107(2) of title I of the Ethics in Government Act of
1978 (Public Law 95-521).'' and inserting ``section
13101(16) of title 5, United States Code.''.
(6) Section 3374(c)(2) of title 5, United States Code, is
amended by striking ``the Ethics in Government Act of 1978,''
and inserting ``chapter 131 of this title,''.
(7) Section 1110(e)(2)(E) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84, 5
U.S.C. 3702 note) is amended by striking ``the Ethics in
Government Act of 1978;'' and inserting ``chapter 131 of title
5, United States Code;''.
(8) Section 3704(b)(2)(E) of title 5, United States Code, is
amended by striking ``the Ethics in Government Act of 1978;''
and inserting ``chapter 131 of this title;''.
(9) Section 7353(d)(1)(E) of title 5, United States Code, is
amended by striking ``title I of the Ethics in Government Act of
1978 are transmitted under such title,'' and inserting
``subchapter I of chapter 131 of this title are transmitted
under such subchapter,''.
(10) Section 2(a) of Public Law 110-402 (5 U.S.C. 7353 note)
is amended--
(A) in paragraph (1), by striking ``section 109(5)
of the Ethics in Government Act of 1978 (5 U.S.C.
App.).'' and inserting ``section 13101(5) of title 5,
United States Code.''; and
(B) in paragraph (2), by striking ``section 109(10)
of the Ethics in Government Act of 1978 (5 U.S.C.
App.).'' and inserting ``section 13101(10) of title 5,
United States Code.''.
(11) <<NOTE: 5 USC 13101 note.>> Section 2 of the Stop
Trading on Congressional Knowledge Act of 2012 (Public Law 112-
105, 126 Stat. 291, 5 U.S.C. App. 101 note) is amended--
(A) in paragraph (2)(B), by striking ``section
109(11) of the Ethics in Government Act of 1978 (5
U.S.C. App. 109(11))).'' and inserting ``section
13101(11) of title 5, United States Code).'';
(B) in paragraph (4), by striking ``section 109(10)
of the Ethics in Government Act of 1978 (U.S.C. App.
109(10)).'' and inserting ``section 13101(10) of title
5, United States Code.'';
(C) in paragraph (5), by striking ``section 109(8)
of the Ethics in Government Act of 1978 (5 U.S.C. App.
109(8)).'' and inserting ``section 13101(9) of title 5,
United States Code.''; and
(D) in paragraph (6), by striking ``section 109(18)
of the Ethics in Government Act of 1978 (5 U.S.C. App.
109(18)).'' and inserting ``section 13101(18) of title
5, United States Code.''.
(12) <<NOTE: 5 USC 13103 note.>> Section 17(a) of the Stop
Trading on Congressional Knowledge Act of 2012 (Public Law 112-
105, 126 Stat. 303, 5 U.S.C. App. 101 note) is amended by
striking ``section 101 of the Ethics in Government Act of 1978
(5 U.S.C. App. 101)'' and inserting ``section 13103 of title 5,
United States Code,''.
(13) <<NOTE: 5 USC 13104 note.>> Section 22(c) of the
Lobbying Disclosure Act of 1995 (Public Law 104-65, 109 Stat.
705, 5 U.S.C. App. 102 note) is amended by striking ``title I of
the Ethics in Government
[[Page 131 STAT. 4355]]
Act of 1978'' and inserting ``subchapter I of chapter 131 of
title 5, United States Code,''.
(14) <<NOTE: 5 USC 13105 note.>> Section 1003(b) of the
Legislative Branch Appropriations Act, 2006 (Public Law 109-55,
119 Stat. 572, 5 U.S.C. App. 103 note) is amended by striking
``the Ethics in Government Act of 1978'' and inserting ``chapter
131 of title 5, United States Code,''.
(15) <<NOTE: 5 USC 13107 note.>> Section 8 of the Stop
Trading on Congressional Knowledge Act of 2012 (Public Law 112-
105, 126 Stat. 295, 5 U.S.C. App. 105 note) is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``title I of
the Ethics in Government Act of 1978'' and
inserting ``subchapter I of chapter 131 of title
5, United States Code,''; and
(ii) in paragraph (3), by striking ``section
103(l) of the Ethics in Government Act of 1978, as
added by this Act,'' and inserting ``section
13105(l) of title 5, United States Code,''; and
(B) in subsection (b)--
(i) in paragraph (1)--
(I) in subparagraph (A), by striking
``section 103(h)(1)(A) of title I of the
Ethics in Government Act of 1978;'' and
inserting ``section 13105(h)(1)(A) of
title 5, United States Code;''; and
(II) in subparagraph (B)--
(aa) in clause (ii), by
striking ``section 103(l) of the
Ethics in Government Act of
1978,'' and inserting ``section
13105(l) of title 5, United
States Code,''; and
(bb) in the matter following
clause (iii), by striking
``title I of the Ethics in
Government Act of 1978 (5 U.S.C.
App. 101 et seq.),'' and
inserting ``subchapter I of
chapter 131 of title 5, United
States Code,'';
(ii) in paragraph (2), by striking ``section
105(b)(2) of the Ethics in Government Act of
1978'' and inserting ``section 13107(b)(2) of
title 5, United States Code,'';
(iii) in paragraph (3), by striking ``section
105(b)(1) of the Ethics in Government Act of
1978,'' and inserting ``section 13107(b)(1) of
title 5, United States Code,''; and
(iv) in paragraph (4), by striking ``the
Ethics in Government Act of 1978'' and inserting
``chapter 131 of title 5, United States Code,''.
(16) <<NOTE: 5 USC 13107 note.>> Section 11 of the Stop
Trading on Congressional Knowledge Act of 2012 (Public Law 112-
105, 126 Stat. 298, 5 U.S.C. App. 105 note) is amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) by striking ``title I of the
Ethics in Government Act of 1978 (5
U.S.C. App. 101 et seq.),'' and
inserting ``subchapter I of chapter 131
of title 5, United States Code,''; and
(II) by striking ``section 101 of
that Act'' and inserting ``section 13103
of title 5, United States Code,''; and
[[Page 131 STAT. 4356]]
(ii) in paragraph (3), by striking ``section
103(l) of the Ethics in Government Act of 1978, as
added by this Act,'' and inserting ``section
13105(l) of title 5, United States Code,''; and
(B) in subsection (b)--
(i) in paragraph (1)--
(I) in subparagraph (A), by striking
``section 103 of the Ethics in
Government Act of 1978 (5 U.S.C. App.
103),'' and inserting ``section 13105 of
title 5, United States Code,'';
(II) in subparagraph (B)(ii), by
striking ``section 103(l) of the Ethics
in Government Act of 1978,'' and
inserting ``section 13105(l) of title 5,
United States Code,''; and
(III) in the matter following clause
(iii) of subparagraph (B), by striking
``title I of the Ethics in Government
Act of 1978 (5 U.S.C. App. 101 et
seq.),'' and inserting ``subchapter I of
chapter 131 of title 5, United States
Code,'';
(ii) in paragraph (2), by striking ``section
105(b)(2) of the Ethics in Government Act of 1978
(5 U.S.C. App. 105(b)(2))'' and inserting
``section 13107(b)(2) of title 5, United States
Code,'';
(iii) in paragraph (3), by striking ``section
105(b)(1) of the Ethics in Government Act of 1978
(5 U.S.C. App. 105(b)(1)),'' and inserting
``section 13107(b)(1) of title 5, United States
Code,''; and
(iv) in paragraph (4), by striking ``title I
of the Ethics in Government Act of 1978'' and
inserting ``subchapter I of chapter 131 of title
5, United States Code,''.
(17) <<NOTE: 5 USC 13102 note.>> Section 902(a) of the
Ethics Reform Act of 1989 (Public Law 101-194, 103 Stat. 1780, 5
U.S.C. App. 111 note) is amended by striking ``title I of the
Ethics in Government Act of 1978'' and inserting ``subchapter I
of chapter 131 of title 5, United States Code,''.
(18) Section 7601(f)(4)(B)(ii) of the Agricultural Act of
2014 (7 U.S.C. 5939(f)(4)(B)(ii)) is amended by striking
``section 109 of the Ethics in Government Act of 1978 (5 U.S.C.
App.))'' and inserting ``section 13101 of title 5, United States
Code)''.
(19) Section 1110(g)(2)(E) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92, 10
U.S.C. 1701 note) is amended by striking ``the Ethics in
Government Act of 1978 (5 U.S.C. App. 101 et seq.);'' and
inserting ``chapter 131 of title 5, United States Code;''.
(20) <<NOTE: 10 USC note prec. 4091.>> Section
232(b)(3)(B)(v) of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 (Public
Law 113-291, 10 U.S.C. 2358 note) is amended by striking ``The
Ethics in Government Act of 1978 (5 U.S.C. App.).'' and
inserting ``Chapter 131 of title 5, United States Code.''.
(21) Section 2904(h) of title 10, United States Code, is
amended by striking ``title I of the Ethics in Government Act of
1978 (5 U.S.C. App.).'' and inserting ``subchapter I of chapter
131 of title 5.''.
[[Page 131 STAT. 4357]]
(22) Section 3(k)(2)(C) of the Export-Import Bank Act of
1945 (12 U.S.C. 635a(k)(2)(C)) is amended by striking ``the
Ethics in Government Act of 1978 (5 U.S.C. App. 101 et seq.).''
and inserting ``chapter 131 of title 5, United States Code.''.
(23) Section 5.11(c)(2)(C)(i) of the Farm Credit Act of 1971
(12 U.S.C. 2245(c)(2)(C)(i)) is amended by striking ``the Ethics
in Government Act of 1978;'' and inserting ``chapter 131 of
title 5, United States Code;''.
(24) Section 21A of the Securities Exchange Act of 1934 (15
U.S.C. 78u-1) is amended--
(A) in subsection (g)(2)(B)(ii), by striking
``section 109(11) of the Ethics in Government Act of
1978 (5 U.S.C. App. 109(11))).'' and inserting ``section
13101(11) of title 5, United States Code).'';
(B) in subsection (h)(2)--
(i) in subparagraph (B), by striking ``section
109(8) of the Ethics in Government Act of 1978 (5
U.S.C. App. 109(8));'' and inserting ``section
13101(9) of title 5, United States Code;''; and
(ii) in subparagraph (C), by striking
``section 109(10) of the Ethics in Government Act
of 1978 (5 U.S.C. App. 109(10)).'' and inserting
``section 13101(10) of title 5, United States
Code.''; and
(C) in subsection (i), by striking ``section 101(f)
of the Ethics in Government Act of 1978'' and inserting
``section 13103(f) of title 5, United States Code,''.
(25) Section 208(c)(2) of the Consumer Product Safety
Improvement Act of 2008 (15 U.S.C. 2053a(c)(2)) is amended by
striking ``the Ethics in Government Act (5 U.S.C. App.)'' and
inserting ``chapter 131 of title 5, United States Code,''.
(26) Section 103(c)(5) of the Omnibus Parks and Public Lands
Management Act of 1996 (Public Law 104-333, 16 U.S.C. 460bb
note) is amended by striking ``the Ethics in Government Act,''
and inserting ``chapter 131 of title 5, United States Code,''.
(27) Section 208 of title 18, United States Code, is
amended--
(A) in subsection (b)(3), by striking ``the Ethics
in Government Act of 1978,'' and inserting ``chapter 131
of title 5,''; and
(B) in subsection (d)(1)--
(i) by striking ``section 105 of the Ethics in
Government Act of 1978.'' and inserting ``section
13107 of title 5.''; and
(ii) by striking ``the Ethics in Government
Act of 1978.'' and inserting ``chapter 131 of
title 5.''.
(28) Section 116(c)(4)(D) of the Education Sciences Reform
Act of 2002 (20 U.S.C. 9516(c)(4)(D)) is amended by striking
``the Ethics in Government Act of 1978.'' and inserting
``chapter 131 of title 5, United States Code.''.
(29) Section 712(c) (matter before paragraph (1)) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379d-1(c)
(matter before paragraph (1))) is amended by striking ``section
107(a)(2) of the Ethics in Government Act of 1978,'' and
inserting ``section 13109(a)(2) of title 5, United States
Code,''.
(30) Section 1103(d)(1)(D) of the Panama Canal Act of 1979
(22 U.S.C. 3613(d)(1)(D)) is amended by striking ``sections
501(a) and 502(a)(4) of the Ethics in Government Act of 1978
[[Page 131 STAT. 4358]]
(5 U.S.C. App.),'' and inserting ``sections 13143(a) and
13144(a)(4) of title 5, United States Code,''.
(31) Section 1112(b)(5) of the Panama Canal Act of 1979 (22
U.S.C. 3622(b)(5)) is amended by striking ``the Ethics in
Government Act of 1978 (92 Stat. 1824), as amended;'' and
inserting ``chapter 131 of title 5, United States Code;''.
(32) Section 3504(b) of the Panama Canal Commission
Authorization Act for Fiscal Year 1994 (Public Law 103-160, div.
C, title XXXV, 22 U.S.C. 3641 note) is amended by striking ``the
Ethics in Government Act of 1978 (5 U.S.C. App.),'' and
inserting ``chapter 131 of title 5, United States Code,''.
(33) Section 7701(k) (matter before paragraph (1)) of the
Internal Revenue Code of 1986 (26 U.S.C. 7701(k) (matter before
paragraph (1))) is amended by striking ``section 501(b) of the
Ethics in Government Act of 1978,'' and inserting ``section
13143(b) of title 5, United States Code,''.
(34) Section 7802(b)(3)(A) of the Internal Revenue Code of
1986 (26 U.S.C. 7802(b)(3)(A)) is amended by striking ``section
101(f) of the Ethics in Government Act of 1978 for purposes of
title I of such Act, except that section 101(d) of such Act''
and inserting ``section 13103(f) of title 5, United States Code,
for purposes of subchapter I of chapter 131 of such title,
except that section 13103(d) of such title''.
(35) Section 731(i)(5) of title 31, United States Code, is
amended by striking ``the Ethics in Government Act of 1978 (5
U.S.C. App.);'' and inserting ``chapter 131 of title 5;''.
(36) Section 3730(e)(2)(B) of title 31, United States Code,
is amended by striking ``section 101(f) of the Ethics in
Government Act of 1978 (5 U.S.C. App.).'' and inserting
``section 13103(f) of title 5.''.
(37) <<NOTE: 36 USC note prec. 20101.>> Section 3(h)(4)(A)
of the National Foundation on Fitness, Sports, and Nutrition
Establishment Act (Public Law 111-332, 36 U.S.C. note prec.
20101) is amended by striking ``section 109(16) of the Ethics in
Government Act, 1978)'' and inserting ``section 13101(16) of
title 5, United States Code)''.
(38) Section 399G(h)(4)(A) of the Public Health Service Act
(42 U.S.C. 280e-11(h)(4)(A)) is amended by striking ``the Ethics
in Government Act,'' and inserting ``chapter 131 of title 5,
United States Code,''.
(39) Section 499(j)(2) of the Public Health Service Act (42
U.S.C. 290b(j)(2)) is amended by striking ``section 109(16) of
the Ethics in Government Act of 1978)'' and inserting ``section
13101(16) of title 5, United States Code)''.
[[Page 131 STAT. 4359]]
(40) Section 5101(c)(2)(D) of the Patient Protection and
Affordable Care Act (42 U.S.C. 294q(c)(2)(D)) is amended by
striking ``title I of the Ethics in Government Act of 1978.''
and inserting ``subchapter I of chapter 131 of title 5, United
States Code.''.
(41) Sec